September 27, 2019
Longo's Community Room
Prior to the AGM meeting, the Board represented by Brent MacKinnon, Bill Reid and Andres Marco met with the Town to discuss a plan to move past the impasse between the Board and some members of the ACTC. From those discussions, the ACTC Board developed a plan to address the complaints made by members over the past year. The Town staff (John Firman) committed to working with the dully elected Board as we worked at overcoming the impasse.
The Board's intent was to inform the membership of this plan at the AGM. Additionally the Board would welcome the new members elected in the By- Election.
The Plan was the Agenda and centered on the following: (see President's Report for more details)
1. Creating a new constitution that the full membership can vote on;
2. Agreeing to NOT let Junior players vote in this By-Election;
3. Welcoming the new Directors elected in the By-Election.
The Board attempted to start the meeting however one member (Christine Zarebski) interrupted the President and demanded to have additional agenda items on the agenda. Other members began a barrage of shouting, accusing, demanding behavior. The AGM meeting was out of control.
One of the loudest accusations claimed was that the Board ignored a petition circulated by the “leaders” of the complaining members. Their petition called for the removal of the elected Board Directors and holding a new Election for all Board positions.
The President (Brent MacKinnon) and the Facilities Director (Bill Reid) reminded the attendees that the Board did respond to their complaints by posting explanations, policies and procedures on our website. Furthermore, the Board was obligated to hold a By-Election that was transparent and provided a secure voting process to redress the compromised voting process that occurred May 27th, 2019. No member of the duly elected Board put forward a motion to review or consider the hostile petition demand of this group – so no response was necessary.
The President attempted to get the meeting back to order but the attendees clearly wanted to take over and thereby ignoring basic courtesy and civil behavior. When the President turned to the Town staff to explain to the group how the Town was committed to working with the dully elected Board, he was shouted down. When the President announced that the meeting was adjourned, demands were shouted that the Board resign. The President (Brent MacKinnon) made it clear he was not resigning, despite the disrespect and bullying behavior of these members.
The Board learned at a Monday morning meeting with the Town staff (John Firman) that a new Board was elected after the meeting (or over the weekend).
Despite the unruly and uncivil behavior, the Town staff stayed with the heckling insurgents while they held an illegal meeting to form a separate ACTC club. Their meeting was in contravention of the Ontario Non Profit Corporation Act *. It states that motions to present proposals by members at an Annual Meeting cannot be made unless they adhere to a requirement of giving the Board a minimum of 60 days notice.
* Source – Guide to the Non Profit Corporations Act 2010
“7. Does the corporation always have to include a member’s proposal in the meeting notice?
The proposal is not submitted at least 60 days before the meeting;”
The Board did not receive any proposal in the form required.
Throughout 2018 complainers registered their non-support for the Hi-Performance Junior Program and the Pickleball Program. In November 2018 a motion to review the Hi-Performance and the Pickleball Program was undertaken. The Board unanimously voted in favour of continuing these two Programs. As per the Ontario Non Profit Corporations Act a motion is not eligible for consideration if it was already voted down within the last two years. See the quotation below from the Ontario Non Profit Corporations Act.
The Board reaffirmed the Hi Performance Junior Programs and continued support for the Pickleball Program.
The Town believes the approximate 40 members in attendance represent sufficient numbers to justify election of a new Board of Directors.
President - Aurora Community Tennis Club
For the ACTC Board of Directors