Ocean King
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Community rift over unresolved chair appointment. What are our next steps? (Anonymous post 🤫)
Ocean King Staff Senior Community Executive at CharityConnect Posted 9 months ago
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This question is from a member of our community that wishes to remain anonymous:
Hello, I’m looking for some advice that may help with an internal dispute in our non profit charitable trust.
This is submitted on behalf of local volunteers and residents - short version
- In 2021 a number of trustees moved away, so the Trust was left with a chair and secretary. A list of personal details was taken at this meeting from those who were willing to become trustees, committee members or volunteers. It later came to light that these details were lost and the secretary failed to disclose this to residents. They made no efforts to increase Trustee numbers.
- June 2023 chair asked by local residents and volunteers to consider stepping down as he was struggling with managing the maintenance of the site.
- He agreed, but then along with the secretary stopped all communication with volunteers/residents.
- At July 2023 AGM (chair did not attend), the secretary read out a statement saying the chair had resigned after feeling ambushed by residents. Secretary then introduced a new chair that she and former chair had appointed (stating they were the only ones with voting rights). They then invited a number of their friends to be trustees, ignoring the wishes of local inhabitants present at the AGM. This has caused a huge rift in the community.
However the Trust Deed states that;
a. The retiring general trustee shall not be entitled to vote in favour of his or her own appointment.
b. “for the appointment of new trustees a special meeting must be called giving not less than 21 days notice”.
This was not done. The position was not advertised and no other persons were given the opportunity to submit a nomination.
My question: Is the appointment of the current chair valid and if not does this make the appointment of the additional trustees also invalid.
Apologies if this seems a bit disjointed. There is a bigger back story and things have moved on. EGM called, in line with the trust deed. Only a quorum of trustees attended (all other trustees refused to attend to face questions). The quorum decided, following the wishes of those present and in the best interests of the charity, to vote off the chair, secretary and two others. They have refused to stand down.
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