Here is a letter to affiliates of PCC-NSW sent by its President Alric Bulseco:
September 8, 2020
Dear Affiliates,
As you are aware, Jun Relunia and his group have called for a Special General Meeting last August 30, 2020 seeking among other things the removal of the undersigned as PCC President. Following the Board’s receipt and review of Jun Relunia’s SGM report (refer attached), the Board has found a number of significant irregularities, namely:
1. FAILURE to have correct Ateneo proxy form The proxy form submitted by the Ateneo delegate was not signed by the President of Ateneo. She therefore does not have any legal authority to represent Ateneo. That makes the Affiliates present in that meeting only to be 27 and not 28.
2. FAILURE to have the required two-thirds attendance in an SGM. As per Article 24.4 of the PCC constitution, for an Affiliate to convene an SGM, it needed to be agreed to by two-thirds of the Affiliates. Therefore, at least 35 Affiliates needed to be present. Jun Relunia’s SGM only had 27 Affiliates present thus making their meeting totally invalid.
3. FAILURE to specify resolution in SGM Notice Article 25.2 of the PCC Constitution states that the SGM Notice must clearly specify the Special Resolution it needs to propose in an SGM. In the SGM Notice sent out by the group of Jun Relunia, it failed to specify the removal of the PCC President as one of its Special Resolutions.
4. FAILURE to abide by the PCC Election Guidelines PCC’s election guidelines categorically states: E.17 “ Election results shall be deemed final and not subject to appeal after 48 hours from the announcement of the results.”
Their continued protestations about issues involving the election held last February 16, 2020 particularly on the submission of nomination forms is simply all but now moot and academic. 5. FAILURE to have the required three-fourths approval by Affiliates in an SGM As per Article 30.A of the PCC Constitution, any Special Resolution proposed in an SGM must be passed and approved by at least three-fourths of the Members of the Council.
As such, any of the Special Resolutions proposed during Jun Relunia’s SGM should have been passed and approved by at least 40 Affiliates for it to be adopted. Not only did they not have the required number to pass an amendment, but in their proposal to remove the PCC President, they were only able to muster 19 votes, instead of the required 40.
The Association Rules as promulgated in the Office of Fair Trading states it is the Association’s constitution that will prevail unless an issue has not been addressed by our Constitution only then will the OFT Guidelines apply. In light of the above 5 irregularities, the Board has decided to find Jun Relunia’s SGM report to be irrevocably inadmissible and invalid. However, in consideration of their group’s efforts, their proposed amendments shall be submitted to the Constitution Amendments Committtee for deliberation and possible inclusion in the forthcocoming PCC SGM. Thank you for your support.
Regards,
Alric Bulseco
President