Majority decision still applies over the “requisition” for special general meeting of the Philippine Community Council of NSW being proposed by some Philippine community leaders, said one acknowledged leader of Philippine community and Campbelltown councilor Mr. Rey Manoto.
In a letter to Bayanihan News, Mr Manoto who still serves in a number of casual and volunteer roles with PCC-NSW commented on the “requisitioned” special general meeting of PCC-NSW proposed by community leaders headed by Kate Andres of Filipino Cooperative as reported by Bayanihan News.
PHOTO – Community leader Rey Manoto
Mr Manoto pointed out in his letter, the principle of majority rule and the provision of the PCC-NSW Constitution requires in effect at least 35 of the present 52 PCC-NSW affiliate member associations can approve “requisitors” to call for a PCC-NSW special general meeting.
Mr Manoto said the announced “requisitors” still have to obtain the agreement of at least 32 affiliate members in order to call a special general meeting in the absence of announcement by the PCC-NSW Board itself. Mr Manoto explained that PCC-NSW Constitution provides the authority to call such a meeting still rests with the PCC-NSW Board which have been previous elected early this year.
Mr. Manoto’s letter thus reads: “Good day! In my opinion, the inherent nature and pure essence of democracy is majority rule. This comes with respect of minority rights of expression, however, the minority cannot rule and dictate and be above the provisions of an organisation’s constitution. Under the common law and statutory laws, the majority rule stands for the proposition that the decisions and choices of the majority will always prevail over those in the minority.
Secondly, if we are to apply the principles of institutional integrity, then we have to involve all the affiliates in the discussion and collaborate with a greater number of membership to come to a certain course of action.
Integrity rests on how we treat the greater number of affiliates, and be in agreement with the greater number not just a few.
The claim to convene an SGM should comply with the provisions of the PCC Constitution.
It is the Board OR the 2/3rds of affiliates that can convene an SGM, not just the 3 requisitioners and 8 past presidents.
According to the PCC Constitution, aside from the Board, SGM can be convened with the 3 requisitioners in agreement of 2/3rds of membership or 35 affiliates. The requisitioners need to agree with 32 other affiliates and not with 8 past presidents.
These are the requirements to convene an SGM if the Board is not calling it:
(3) A requisition of members (affiliates) for a special general meeting:
(a) must state the purpose or purposes of the meeting, and
(b) must be signed by the members (affiliates) making the requisition, and (c) must be lodged with the secretary, and
(d) may consist of several documents in a similar form, each signed by one or more of the members (affiliates) making the requisition.
(4) A meeting, shall, notwithstanding that it is convened by notice shorter than required by clauses (1) and (2) be deemed to be duly convened if it is so agreed by two thirds of the members (affiliates).
The requisitioners followed Clause 3 but totally ignored Clause 4 which re-defines the definition of a meeting which states that can only be convened in agreement with 2/3rds of the affiliates, then the requisitioners can convene not the Board.
Clause 5 will only apply if these two clauses were satisfied. Not in isolation but in the context of the whole Section.
The frame of reference is only Special General Meeting which can be called by the Board – moot and academic – Clause 1.
However, if the Board does not want to call an SGM, then the succeeding clauses will prevail but with conditional clauses.
They seem to ignore that – where is the agreement with 35 affiliates.
Let us see if they can muster 35 affiliates and the 35 agree to conduct an SGM, then OK to convene an SGM.
If not, then they can submit a minority report.
Hopefully you can publish this opinion in your paper in a future issue.
Have a great day and be safe.
Thanks and regards
Rey
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