[Lifemember] [Centres] FW: SGM - Advice from legal advice
gemini.winsoft at bigpond.com
gemini.winsoft at bigpond.com
Tue Jul 30 14:52:34 AEST 2024
Thank you Helen for your email – I just wish you would allow me to work with you- I was actually trying to help you guys, not make it harder.
Kind Regards
Tracy Lucas
From: RDA Ballina <rdaballina at gmail.com>
Sent: Tuesday, July 30, 2024 2:45 PM
To: tracy.lucas at rdansw.org.au
Cc: Graeme and Debbie Gulliver <gradeb15 at hotmail.com>; Centres at rdansw.org.au; lifemember at rdansw.org.au; Board <board at rdansw.org.au>; Rowena Higgs <rowena_higgs at yahoo.com.au>; Andrew Herden - TheLateralist <tafedroid at gmail.com>; Sheryl Dorey <threebs2 at bigpond.com>; Leah Boyd <boydie1314 at gmail.com>; Alisha Lee <a.dancer at live.com>; Lynette Kime <lynettekime60 at outlook.com>; Anne Shaw <anneirene2887 at yahoo.com.au>; Jayne Connell <jaycon57 at gmail.com>; Anna Rimac <rdasaturdaycoach at gmail.com>
Subject: Re: [Centres] FW: SGM - Advice from legal advice
Hi Tracy
Thank you for your email. I would like to make it clear that Graeme's original email which was sent on 26 July 2024 to ALL recipients (including the Board of Directors - please refer to list below in italics) was mysteriously subject to a "Delivery Failure" notice. Graeme then approached the Ballina Committee to seek advice - hence his email was forwarded on by the Ballina Centre email address so that his email would be seen by all centres.
Graeme Gulliver has been a highly valued and very hard working volunteer at the Ballina Centre since the beginning of 2023. The Ballina Centre Committee may in some eyes be "Not Valid" but that does NOT mean that we are "Not Valid" and as a matter of fact we are a very active and fully functional Committee and Centre and working very hard indeed for some time now to clear this "Invalid Administration" which was placed upon us. Also maintaining our Centre and the "Glen Burnie" property and caring for our wonderful herd of horses has been our priority during this whole ridiculous process.
from:
Graeme and Debbie Gulliver <gradeb15 at hotmail.com <mailto:gradeb15 at hotmail.com> >
to:
RDA Board of Directors <board at rdansw.org.au <mailto:board at rdansw.org.au> >,
RDA STATE OFFICE <stateoffice at rdansw.org.au <mailto:stateoffice at rdansw.org.au> >,
"alburywodonga at rdansw.org.au <mailto:alburywodonga at rdansw.org.au> " <alburywodonga at rdansw.org.au <mailto:alburywodonga at rdansw.org.au> >,
Rda Armidale <armidaleandnewengland at rdansw.org.au <mailto:armidaleandnewengland at rdansw.org.au> >,
RDA Ballina <rdaballina at gmail.com <mailto:rdaballina at gmail.com> >,
"bathurst at rdansw.org.au <mailto:bathurst at rdansw.org.au> " <bathurst at rdansw.org.au <mailto:bathurst at rdansw.org.au> >,
"bluemountains at rdansw.org.au <mailto:bluemountains at rdansw.org.au> " <bluemountains at rdansw.org.au <mailto:bluemountains at rdansw.org.au> >,
"boxhilltalltimbers at rdansw.org.au <mailto:boxhilltalltimbers at rdansw.org.au> " <boxhilltalltimbers at rdansw.org.au <mailto:boxhilltalltimbers at rdansw.org.au> >,
"Centralcoast at rdansw.org.au <mailto:Centralcoast at rdansw.org.au> " <Centralcoast at rdansw.org.au <mailto:Centralcoast at rdansw.org.au> >,
"coffsharbour at rdansw.org.au <mailto:coffsharbour at rdansw.org.au> " <coffsharbour at rdansw.org.au <mailto:coffsharbour at rdansw.org.au> >,
"coonabarabran at rdansw.org.au <mailto:coonabarabran at rdansw.org.au> " <coonabarabran at rdansw.org.au <mailto:coonabarabran at rdansw.org.au> >,
"cootamundra at rdansw.org.au <mailto:cootamundra at rdansw.org.au> " <cootamundra at rdansw.org.au <mailto:cootamundra at rdansw.org.au> >,
"cowra at rdansw.org.au <mailto:cowra at rdansw.org.au> " <cowra at rdansw.org.au <mailto:cowra at rdansw.org.au> >,
"forbes at rdansw.org.au <mailto:forbes at rdansw.org.au> " <forbes at rdansw.org.au <mailto:forbes at rdansw.org.au> >,
"goulburn at rdansw.org.au <mailto:goulburn at rdansw.org.au> " <goulburn at rdansw.org.au <mailto:goulburn at rdansw.org.au> >,
"griffith at rdansw.org.au <mailto:griffith at rdansw.org.au> " <griffith at rdansw.org.au <mailto:griffith at rdansw.org.au> >,
Rda Gunnedah <gunnedah at rdansw.org.au <mailto:gunnedah at rdansw.org.au> >,
"Illawarra at rdansw.org.au <mailto:Illawarra at rdansw.org.au> " <Illawarra at rdansw.org.au <mailto:Illawarra at rdansw.org.au> >,
"kempsey at rdansw.org.au <mailto:kempsey at rdansw.org.au> " <kempsey at rdansw.org.au <mailto:kempsey at rdansw.org.au> >,
"kendall at rdansw.org.au <mailto:kendall at rdansw.org.au> " <kendall at rdansw.org.au <mailto:kendall at rdansw.org.au> >,
"manning at rdansw.org.au <mailto:manning at rdansw.org.au> " <manning at rdansw.org.au <mailto:manning at rdansw.org.au> >,
"mossvale at rdansw.org.au <mailto:mossvale at rdansw.org.au> " <mossvale at rdansw.org.au <mailto:mossvale at rdansw.org.au> >,
"mudgee at rdansw.org.au <mailto:mudgee at rdansw.org.au> " <mudgee at rdansw.org.au <mailto:mudgee at rdansw.org.au> >,
Rda Narrabri Kylie <narrabri at rdansw.org.au <mailto:narrabri at rdansw.org.au> >,
"orange at rdansw.org.au <mailto:orange at rdansw.org.au> " <orange at rdansw.org.au <mailto:orange at rdansw.org.au> >,
"raymondterrace at rdansw.org.au <mailto:raymondterrace at rdansw.org.au> " <raymondterrace at rdansw.org.au <mailto:raymondterrace at rdansw.org.au> >,
"Richmond at rdansw.org.au <mailto:Richmond at rdansw.org.au> " <Richmond at rdansw.org.au <mailto:Richmond at rdansw.org.au> >,
"ryde at rdansw.org.au <mailto:ryde at rdansw.org.au> " <ryde at rdansw.org.au <mailto:ryde at rdansw.org.au> >,
"tamworth at rdansw.org.au <mailto:tamworth at rdansw.org.au> " <tamworth at rdansw.org.au <mailto:tamworth at rdansw.org.au> >,
"tumut at rdansw.org.au <mailto:tumut at rdansw.org.au> " <tumut at rdansw.org.au <mailto:tumut at rdansw.org.au> >,
"tweedvalley at rdansw.org.au <mailto:tweedvalley at rdansw.org.au> " <tweedvalley at rdansw.org.au <mailto:tweedvalley at rdansw.org.au> >,
"upperhunter at rdansw.org.au <mailto:upperhunter at rdansw.org.au> " <upperhunter at rdansw.org.au <mailto:upperhunter at rdansw.org.au> >,
"waggawagga at rdansw.org.au <mailto:waggawagga at rdansw.org.au> " <waggawagga at rdansw.org.au <mailto:waggawagga at rdansw.org.au> >,
"wauchopeportmacquarie at rdansw.org.au <mailto:wauchopeportmacquarie at rdansw.org.au> " <wauchopeportmacquarie at rdansw.org.au <mailto:wauchopeportmacquarie at rdansw.org.au> >,
"wollondilly at rdansw.org.au <mailto:wollondilly at rdansw.org.au> " <wollondilly at rdansw.org.au <mailto:wollondilly at rdansw.org.au> >,
"young at rdansw.org.au <mailto:young at rdansw.org.au> " <young at rdansw.org.au <mailto:young at rdansw.org.au> >
date:
Jul 26, 2024, 4:04 PM
subject:
SGM - Advice from legal advice
mailed-by:
<http://hotmail.com> hotmail.com
signed-by:
<http://hotmail.com> hotmail.com
Once again thank you for your email and we too believe that infamous phrase "Everyone you meet may be fighting a battle that you know nothing about" "So please ALWAYS BE KIND"
Kind Regards
Helen Fauske
Secretary / Volunteer Coordinator
Riding For the Disabled (RDA) NSW
Ballina and Districts Branch
377 Houghlahans Creek Road
Teven NSW 2478
0498 040 022
Riding Develops Ability
<https://www.facebook.com/RDABallinaDistrict/> https://www.facebook.com/RDABallinaDistrict/
<http://rdaballina.org.au/> http://rdaballina.org.a <http://rdaballina.org.au/> u/
On Tue, Jul 30, 2024 at 9:11 AM <tracy.lucas at rdansw.org.au <mailto:tracy.lucas at rdansw.org.au> > wrote:
Good Morning all centres, volunteers and participants and Graeme,
Firstly I apologise for the emails that are so not productive.
You have received a lengthy email from Graeme Gulliver re SGM called by centres , not directors.
Graeme is a new volunteer and is claiming to be the president of the Ballina centre. The Ballina centre is currently in administration and therefore his role is not valid.
Nonetheless, his email consists of many abnormalities. One example – The Board would or will block the email….How could we block an email that we were not sent and was sent to all individual email addresses???
This email was compiled by a volunteer and not from the centre.
If any member, volunteer or participant has any concerns about receiving such an email please do not hesitate to reach out and kindly contact myself or any other director.
Take care and enjoy your day
Kind Regards
Tracy Lucas
HON; Director
Executive Officer/Grants Officer and Assistant communication
0488727085
Email – <mailto:tracy.lucas at rdansw.org.au> tracy.lucas at rdansw.org.au
<mailto:Gemini.winsoft at bigpond.com> Gemini.winsoft at bigpond.com
Web - <http://www.rdansw.org.au/> WWW.rdansw.org.au
From: l b <lmbower at live.com <mailto:lmbower at live.com> >
Sent: Monday, July 29, 2024 4:21 PM
To: board at rdansw.org.au <mailto:board at rdansw.org.au> ; RDANSW State Office <stateoffice at rdansw.org.au <mailto:stateoffice at rdansw.org.au> >
Subject: Fwd: SGM - Advice from legal advice
FYI - just came through from my centre.
Kind regards
Linda
_____
From: RDA Ballina <rdaballina at gmail.com <mailto:rdaballina at gmail.com> >
Sent: Monday, July 29, 2024 3:54:44 pm
To: alburywodonga at rdansw.org.au <mailto:alburywodonga at rdansw.org.au> <alburywodonga at rdansw.org.au <mailto:alburywodonga at rdansw.org.au> >; Rda Armidale <armidaleandnewengland at rdansw.org.au <mailto:armidaleandnewengland at rdansw.org.au> >; bathurst at rdansw.org.au <mailto:bathurst at rdansw.org.au> <bathurst at rdansw.org.au <mailto:bathurst at rdansw.org.au> >; bluemountains at rdansw.org.au <mailto:bluemountains at rdansw.org.au> <bluemountains at rdansw.org.au <mailto:bluemountains at rdansw.org.au> >; boxhilltalltimbers at rdansw.org.au <mailto:boxhilltalltimbers at rdansw.org.au> <boxhilltalltimbers at rdansw.org.au <mailto:boxhilltalltimbers at rdansw.org.au> >; Centralcoast at rdansw.org.au <mailto:Centralcoast at rdansw.org.au> <Centralcoast at rdansw.org.au <mailto:Centralcoast at rdansw.org.au> >; coffsharbour at rdansw.org.au <mailto:coffsharbour at rdansw.org.au> <coffsharbour at rdansw.org.au <mailto:coffsharbour at rdansw.org.au> >; coonabarabran at rdansw.org.au <mailto:coonabarabran at rdansw.org.au> <coonabarabran at rdansw.org.au <mailto:coonabarabran at rdansw.org.au> >; cootamundra at rdansw.org.au <mailto:cootamundra at rdansw.org.au> <cootamundra at rdansw.org.au <mailto:cootamundra at rdansw.org.au> >; cowra at rdansw.org.au <mailto:cowra at rdansw.org.au> <cowra at rdansw.org.au <mailto:cowra at rdansw.org.au> >; forbes at rdansw.org.au <mailto:forbes at rdansw.org.au> <forbes at rdansw.org.au <mailto:forbes at rdansw.org.au> >; goulburn at rdansw.org.au <mailto:goulburn at rdansw.org.au> <goulburn at rdansw.org.au <mailto:goulburn at rdansw.org.au> >; griffith at rdansw.org.au <mailto:griffith at rdansw.org.au> <griffith at rdansw.org.au <mailto:griffith at rdansw.org.au> >; Rda Gunnedah <gunnedah at rdansw.org.au <mailto:gunnedah at rdansw.org.au> >; Illawarra at rdansw.org.au <mailto:Illawarra at rdansw.org.au> <Illawarra at rdansw.org.au <mailto:Illawarra at rdansw.org.au> >; kempsey at rdansw.org.au <mailto:kempsey at rdansw.org.au> <kempsey at rdansw.org.au <mailto:kempsey at rdansw.org.au> >; kendall at rdansw.org.au <mailto:kendall at rdansw.org.au> <kendall at rdansw.org.au <mailto:kendall at rdansw.org.au> >; manning at rdansw.org.au <mailto:manning at rdansw.org.au> <manning at rdansw.org.au <mailto:manning at rdansw.org.au> >; mossvale at rdansw.org.au <mailto:mossvale at rdansw.org.au> <mossvale at rdansw.org.au <mailto:mossvale at rdansw.org.au> >; mudgee at rdansw.org.au <mailto:mudgee at rdansw.org.au> <mudgee at rdansw.org.au <mailto:mudgee at rdansw.org.au> >; Rda Narrabri Kylie <narrabri at rdansw.org.au <mailto:narrabri at rdansw.org.au> >; orange at rdansw.org.au <mailto:orange at rdansw.org.au> <orange at rdansw.org.au <mailto:orange at rdansw.org.au> >; raymondterrace at rdansw.org.au <mailto:raymondterrace at rdansw.org.au> <raymondterrace at rdansw.org.au <mailto:raymondterrace at rdansw.org.au> >; Richmond at rdansw.org.au <mailto:Richmond at rdansw.org.au> <Richmond at rdansw.org.au <mailto:Richmond at rdansw.org.au> >; ryde at rdansw.org.au <mailto:ryde at rdansw.org.au> <ryde at rdansw.org.au <mailto:ryde at rdansw.org.au> >; tamworth at rdansw.org.au <mailto:tamworth at rdansw.org.au> <tamworth at rdansw.org.au <mailto:tamworth at rdansw.org.au> >; tumut at rdansw.org.au <mailto:tumut at rdansw.org.au> <tumut at rdansw.org.au <mailto:tumut at rdansw.org.au> >; tweedvalley at rdansw.org.au <mailto:tweedvalley at rdansw.org.au> <tweedvalley at rdansw.org.au <mailto:tweedvalley at rdansw.org.au> >; upperhunter at rdansw.org.au <mailto:upperhunter at rdansw.org.au> <upperhunter at rdansw.org.au <mailto:upperhunter at rdansw.org.au> >; waggawagga at rdansw.org.au <mailto:waggawagga at rdansw.org.au> <waggawagga at rdansw.org.au <mailto:waggawagga at rdansw.org.au> >; wauchopeportmacquarie at rdansw.org.au <mailto:wauchopeportmacquarie at rdansw.org.au> <wauchopeportmacquarie at rdansw.org.au <mailto:wauchopeportmacquarie at rdansw.org.au> >; wollondilly at rdansw.org.au <mailto:wollondilly at rdansw.org.au> <wollondilly at rdansw.org.au <mailto:wollondilly at rdansw.org.au> >; young at rdansw.org.au <mailto:young at rdansw.org.au> <young at rdansw.org.au <mailto:young at rdansw.org.au> >
Subject: Fwd: SGM - Advice from legal advice
---------- Forwarded message ---------
From: Graeme and Debbie Gulliver <gradeb15 at hotmail.com <mailto:gradeb15 at hotmail.com> >
Date: Fri, Jul 26, 2024 at 4:04 PM
Subject: SGM - Advice from legal advice
Good day everyone,
On Wednesday 26 June 2024, an RDA (NSW) Special General Meeting was held via Zoom presentation to deal with three (3) Notices of Motion. One of which was a Motion to remove Mr Joseph ORLAND as a Director on the Board of RDA (NSW).
The motion:
“This meeting resolves to remove Joseph Orland as a Director of the Company.” The rationale for this resolution is a strong sense of lack of transparency in which the role of finances was conducted.” Examples are:
•The process under which the Golden Eagle funds were withheld in spite of the Boards majority decisions to release the funds.”
•Annual Financial Reports
(See attachment 1. Letter from RDA Executive Officer. Dated 5 June 2024)
I observed with interest, the discussions both for and against that Motion. Mr ORLAND was given the opportunity (quite rightly) to speak in his own defence. I was drawn to the many references Mr ORLAND made to the RDA (NSW) Constitution and the utmost importance he appeared to place upon strictly adhering to that Constitution.
It was then revealed that on Tuesday 25 June 2024, RDA (NSW) Board of Directors held a meeting where a Motion was passed to allow Life Members the right to vote at the Special General Meeting on Wednesday 26 June 2024. This Motion was passed by the Directors on a vote of 6-1 I believe, in favour of the Motion. Mr ORLAND is a Director on that Board.
The RDA (NSW) Constitution states:
10.2.(d) Honorary Life Member
"This category of membership entitles the Member to receive a notice of, attend and receive the Minutes of but not to debate and /or vote at General Meetings." (See Attachment 2. Company Membership)
A vote was called and there was much debate about voting eligibility with emphasis being made that Centres must have their Proxy/Delegate Forms submitted and received at RDA (NSW) by COB 21 June 2024. (See attachment 1. Highlighted paragraph on page 2).
The Centres voted 9-8 in favour of the Motion to remove Joseph ORLAND as a Director.
Then a second vote was held inviting Life Members to vote upon this motion.
These votes were counted and added to the primary vote. The result was 14-9 against the Motion.
It was decided that legal advice should be sought regarding the decision by the Board on 25 June 2024, to disregard the RDA Constitution and allow Life Members to vote on 26 June 2024. That legal advice was to be returned within 21 days from the Special General Meeting.
This brought some potentially serious matters to my attention.
1/ Did the Life members submit their Proxy Forms for voting eligibility by COB on 21 June 2024 the same as the Centres had to. If they did, why did they, when the Board had not even changed that Constitutional rule until 25 June 2024?
2/ Joseph ORLAND published an email on 22 June 2024 to all Centres and Life Members. I have highlighted sections of that email showing the importance Joseph ORLAND placed on abiding by the RDA (NSW) Constitution. (See attachment 3. Response to Motion)
3/ Why did Joseph ORLAND address the email to the Life Members on 22 June 2024 in relation to Notices of Motion to be voted on at a Special General Meeting on 26 June 2024, when on the 22 June 2024 the Life Members were not eligible to vote?
4/ Did Joseph ORLAND already have knowledge of the pending Board meeting on the 25 June 2024 where the Board voted 6-1 to allow Life Members to vote at the Special General Meeting on 26 June 2024, knowing this would be in contravention of the RDA (NSW) Constitution 10.2.(d)?
5/ I call on the voting of that Board meeting to be tabled to see if Joseph ORLAND took part in that voting process.
6/ In some sectors this would be called political corruption. It is manipulation of a Ballot Poll to gain advantage.
7/ Did six (6) of our trusted Directors on the RDA (NSW) Board change the rules on the eve of a ballot with the intention to manipulate the outcome of that ballot?
8/ If it is found that those members of the Board that voted against the Constitution on 25 June 2024 have acted in a manner of an unsuitable nature that befits a Director of the RDA (NSW) Board, I believe those Board members should be dismissed immediately.
By now you all will have received the email from Tracy LUCAS (See below), advising members that the legal advice has been received and the Board will now have a meeting on 30 July 2024, "to review the advice and will have something to share with you in the coming days following that meeting." That will be 34 days since the Special General Meeting, and then she says they will have something to share with us.
9/ Didn't they learn anything from the Special General Meeting???
The rationale for the resolution to remove Joseph ORLAND as a Director of RDA was because of "a strong sense of a lack of transparency." And now they are doing the same thing again. What are they trying to cover up?
10/ I call on the Board to release the legal findings to all members in their entirety and unedited so the members can see for themselves the actual legal findings. Why should it be a secret?
I have written this email in the hope that it makes you interested enough to start to ask these questions yourselves and to stand up and be heard. You are the members that make up Riding for the Disabled NSW. The Board is there to serve the process of the members and act in the interests of the members not the other way around.
This is not an attack on the Life Members. I have the utmost respect for all the Life Members and the work they have done over the many years and I wish them nothing but the best both now and in the future.
I predict there will be attempts to block this email. That in itself may answer some of my questions.
Regards
Graeme GULLIVER
President
RDA Ballina Branch
____________________________________________________________________________________________________________________________________________
From: <tracy.lucas at rdansw.org.au <mailto:tracy.lucas at rdansw.org.au> >
Date: Fri, 26 July 2024, 9:04 am
Subject: Re: [Centres] SGM - advice from legal advice
To: <Centres at rdansw.org.au <mailto:Centres at rdansw.org.au> >, <lifemember at rdansw.org.au <mailto:lifemember at rdansw.org.au> >
Pleas accept my apologies – I meant the 30th July not 30th June.
Kind Regards
Tracy Lucas
HON; Director
Executive Officer/Grants Officer and Assistant communication
0488727085
Email – tracy.lucas at rdansw.org.au <mailto:tracy.lucas at rdansw.org.au>
Gemini.winsoft at bigpond.com <mailto:Gemini.winsoft at bigpond.com>
Web - WWW.rdansw.org.au <http://www.rdansw.org.au/>
From: tracy.lucas at rdansw.org.au <mailto:tracy.lucas at rdansw.org.au> <tracy.lucas at rdansw.org.au <mailto:tracy.lucas at rdansw.org.au> >
Sent: Thursday, July 25, 2024 5:19 PM
To: 'Centres at rdansw.org.au <mailto:Centres at rdansw.org.au> ' <Centres at rdansw.org.au <mailto:Centres at rdansw.org.au> >; lifemember at rdansw.org.au <mailto:lifemember at rdansw.org.au>
Cc: 'RDANSW State Office' <stateoffice at rdansw.org.au <mailto:stateoffice at rdansw.org.au> >
Subject: SGM - advice from legal advice
Dear Honorary life members and all centres, volunteers and participants,
I hope this email finds you all well.
Thank you for your patience and your time. Regarding the legal advice request made during the Special General Meeting held on 26th June 2024. In response to the request from several member centres, three independent legal teams were engaged to provide their advice and opinions.
We have recently received the information from the legal teams in the last few days, and the Board is scheduled to convene for a meeting next week on the 30th June 2024. We are working diligently to review the advice and will have something to share with you in the coming days following that meeting.
We appreciate your understanding and cooperation in this matter.
Thank you.
On behalf of RDA New South Wales Directors
Kind Regards
Tracy Lucas
HON; Director
Executive Officer/Grants Officer and Assistant communication
0488727085
Email – tracy.lucas at rdansw.org.au <mailto:tracy.lucas at rdansw.org.au>
Gemini.winsoft at bigpond.com <mailto:Gemini.winsoft at bigpond.com>
Web - WWW.rdansw.org.au <http://www.rdansw.org.au/>
_______________________________________________
Centres mailing list
Centres at rdansw.org.au <mailto:Centres at rdansw.org.au>
http://rdansw.org.au/mailman/listinfo/centres_rdansw.org.au
_______________________________________________
Centres mailing list
Centres at rdansw.org.au <mailto:Centres at rdansw.org.au>
http://rdansw.org.au/mailman/listinfo/centres_rdansw.org.au
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