Opinion As supporters, what can we do??

[Natman]

Ok 3rd go at trying to answer this. Give me back the big old footy. My computer doesn't like the new one.

The constitution has only been changed once since we played our first AFLgame in 1997. Rucci is full of s**t and makes stuff up.

Actually it’s twice, the first time was when the Corporation Law 1990 ended and was replaced with the Corporations Act 2001 and the Memorandum and Articles of Association were replaced with the Constitution and Rules. The Memorandum and Articles of Association were effectively the company’s constitution and rules but the new law said you had to officially have a constitution.

In 2008 we changed our board structure from 5 member elected directors and 5 SANFL appointees who up until 2009 were all solid Port Adelaide people to 4 + 4 + 2 others the board can appoint because of expertise. That was changed in October 2008 and didn’t require a vote by the club members.

I have a copy of the Constitution dated October 2008 after the amendment which is posted below. I got my copy in 2010 from Steve Weinert who was the Chief Finance Officer and Company Secretary at the time. Steve Smith is the new company secretary according to last year’s annual report.

I have been a member since late 2001 and have only voted on 2 constitutional changes to The Port Club ( Port Adelaide football and community clun inc). One in 2003 and the other in 2010 when the Power bought out the Magpies 25% share.

There has never been a constitutional amendment where the members have had the right to vote for the change as claimed by Rucci. He was in Italy when the AGM was held in 2008 and I didn’t attend as I lived in Sydney at the time but I never received any voting papers and if you read our 2008 annual report you will see there is no agenda item to deal with a constitutional change matter.

Rucci should have spent $50 and done a company search at ASIC and he would have found that out. He has his copy of the Constitution dated October 2008 and then made it up that the members approved the handing over of power.

When the SANFL got the licence for the crows the controlling body of Australian Football – the old Australian National Football Council was wound up over a couple of years and the AFL became the custodian of the game. I think it formally happened when the Crawford Report was approved in 1993. With that SA and WA footy had their rights and obligations under the old ANFC system transferred to the AFL system and the AFL signed Affiliation Agreements with the SANFL and WAFC . Part of the rights of the SANFL was the right to administer and control football in SA. So from day 1 of winning the licence the SANFL had ultimate control of our club and the constitution would have reflected that. It is a bit like the Queen/Governor General having ultimate power and the day to day power stays with the government. But when the s**t hits the fan like in 1975 when Kerr dismissed Whitlam government that ultimate power can be exercised. But the SANFL has had a lot more influence over our club the Queen/GG has over the Australian government eg Stadium deal, splitting Port up, stopping the merger, allowing it but under certain circumstances etc.

The board and Bucky in 1994 sold it to us that our club would go into the AFL. It was only part true, because we were not allowed to be 100% independent like pre AFLdays. But as I keep saying, the majority of us took the Richard Colless approach ie the WAFC commissioner who negotiated a WA club to enter the VFL and saw the entry fee go from $400k/yr x 10 years, to $4mil upfront payable in 30 days, a bad deal that got us in, was better than waiting on the sidelines waiting for theoretical good deal to get us in.

The 2008 Constitutional amendment

15A. ADDITIONAL DIRECTORS

15A.1 In the event that the Board of Directors is of the opinion that specialist or technical
expertise is required for the proper consideration of matters, the Board may by special
resolution nominate up to two candidates to the League Commission for appointment as
Additional Directors.

15A.2 The League Commission shall, in its absolute discretion, be entitled to appoint any
candidates nominated under clause 15A.1 as Additional Directors.

15A.3 The appointment of an Additional Director pursuant to clause 15A.2 shall expire on the earlier of:
15A.3.1 the date specified in the appointment of the Additional Director under clause
15A.2 (up to a maximum of 3 years); or
15A.3.2 the League Commission removing the Additional Director under clause 11.1.

15A.4 An Additional Director so appointed shall, subject to this clause 15A, for all purposes of the Act and this Constitution be treated as a Director and shall possess all powers of such
a Director.

REH,
Based on your knowledge of footy club constitutional issues, do you think that any AFL club is 'run by or has any member power' to make significant changes to a club? I understand that you most probably do not have other club constitutions, but it's more a general question. Based on the professionalism of most clubs now, my view would be that it is more difficult now that back in the pre-AFL days.

 

[RussellEbertHandball]

REH,
Based on your knowledge of footy club constitutional issues, do you think that any AFL club is 'run by or has any member power' to make significant changes to a club? I understand that you most probably do not have other club constitutions, but it's more a general question. Based on the professionalism of most clubs now, my view would be that it is more difficult now that back in the pre-AFL days.

I have only read one other club constitution, but my understanding is that most Victoria clubs still have the rule that 100 singnatures on a petition can force an EGM.

When the AFL handed back the licence club to the swans members in 2005 they had the new constitution on their website and I had a read. But I can't recall it and I didn't look at it with a similar interest I would if I had it in front of me now. Prior to 2005 you were a Sydney Swans season ticket holder not a member with standard member voting rights.


It actually would be interesting to read Brisbane's and Sydney's constitution because they were privately owned companies, then owned/controlled by the AFL and then became member owned/controlled clubs. It would be interesting to see how the AFL handled the transfer of power to the members and what restrictions they have put on members ability to make radical changes - for eg have they made the 100 signatures requirement a 1,000 signatures, to raise the hurdle for radical changes.

 

[RussellEbertHandball]

REH how did they amend the constitution in 2008 without a vote of the members?

Surely there is required to be a vote to amend the constitution?

Go back and read my post on page 2 where I posted the definition of member and club member taken from the constitution.

A member = board director. The board members voted. Club members can only vote for board members not changes to the constitution.

 

[Eric Blair]

Thanks for all that REH, that really helped alot in my understanding of the constitution. I think I'll ask the club to email me a pdf of the constitution if they have it. Also LOL at Rucci

My question to you is from this comment of yours: "I have been a member since late 2001 and have only voted on 2 constitutional changes to The Port Club ( Port Adelaide football and community clun inc). One in 2003 and the other in 2010 when the Power bought out the Magpies 25% share." If you're a Club Member not a full member how could you or anyone vote on this, especially bearing in mind this from the PAFC constitution:
"9.5 Club Members (other than Members of the Company) will have no right to vote in
connection with any other resolution put to that meeting or to participate in any
discussion relating to any other business at the Annual General Meeting of the Company.

9.6 Any four Directors may whenever they think fit convene a general meeting of the
Company."

I think to answer the thread question, the very most that we as supporters can do is to nominate someone to be a director (and full member) to the board of the PAFC. Preferably someone from BigFooty or someone happy to join up so there can be full accountability and we can get an insight in the internal running of the club.

 

[Enviable Tradition]

Go back and read my post on page 2 where I posted the definition of member and club member taken from the constitution.

A member = board director. The board members voted. Club members can only vote for board members not changes to the constitution.

Oh of course. I had read that just not put 2 and 2 together

It really is a weird constitution isn't it.

 

[bringbackbucky]

We have a crap list, the SANFL screwing us every which way, a wolf in sheep's clothing CEO, biased media, ridiculous stadium deal, a terrible coach, no-one willing to attend games, we are broke and we have a totally unaccountable board.

All factors considered, I'd say there is pretty much nothing we can do as supporters. Its pretty much time to give up...

 

[Forzaport]

I think to answer the thread question, the very most that we as supporters can do is to nominate someone to be a director (and full member) to the board of the PAFC. Preferably someone from BigFooty or someone happy to join up so there can be full accountability and we can get an insight in the internal running of the club.

Great idea, just can't see it happening. As awesome as it would be to have someone like REH, FF, Tribey, Porthos or any other Port Adelaide BigFooty legend sitting on the Port Adelaide board, all that I can think of is summed up in the following youtube:

 

[Eric Blair]

LOL true that. I think i ought to have said someone happy to sign up to Bigfooty and post/answer questions. I know on some other BigFooty club forums they have club officials posting.

 

[ploppy]

From the guys who are on the board at the moment the criteria seems to be managed a large company before and be quite wealthy. So that rules me out. They I would love to do it. Need someone high profile I think.

 

[Natman]

Thanks for all that REH, that really helped alot in my understanding of the constitution. I think I'll ask the club to email me a pdf of the constitution if they have it. Also LOL at Rucci

My question to you is from this comment of yours: "I have been a member since late 2001 and have only voted on 2 constitutional changes to The Port Club ( Port Adelaide football and community clun inc). One in 2003 and the other in 2010 when the Power bought out the Magpies 25% share." If you're a Club Member not a full member how could you or anyone vote on this, especially bearing in mind this from the PAFC constitution:
"9.5 Club Members (other than Members of the Company) will have no right to vote in
connection with any other resolution put to that meeting or to participate in any
discussion relating to any other business at the Annual General Meeting of the Company.

9.6 Any four Directors may whenever they think fit convene a general meeting of the
Company."

I think to answer the thread question, the very most that we as supporters can do is to nominate someone to be a director (and full member) to the board of the PAFC. Preferably someone from BigFooty or someone happy to join up so there can be full accountability and we can get an insight in the internal running of the club.

I am sure that you would realise the skills and experience required for such a poisition, the commitment required and the need for confidentiality - i.e no insight to any Tom, Dick or Harry.

 

[Freomaniac]

thanks to TV deals the AFl needs us

I dont think GWS will make it, nor GC

One might be left on life support

Adelaide needs 2 teams for no other reason to make the ground viable.

i dont believe they will have supporters if they "split" the SANFL in2.

there will always be a port. i really do hope it goes under and the AFL can take our license back

I dont beleive we will be relocated to Tassie

I think the Biggest BS factor was the fact that Gold Coast actually posted a profit last season. I dont believe this. Im not trying to troll here. Port is Pulling 15-20,000 people at home at aami fair enough. Yet on the other hand Gold Coast brings in only 12,000 and GWS brings in 7,000 at Skoda.

Sure Gold Coast play in a smaller stadium seating wise but that would mean they would be in less debt than port. Only thing I do know is the Suns dont have to pay rent for the 1st 4-6 years as the AFL struck a deal with the Queensland Goverment.

 

[RussellEbertHandball]

Thanks for all that REH, that really helped alot in my understanding of the constitution. I think I'll ask the club to email me a pdf of the constitution if they have it. Also LOL at Rucci

My question to you is from this comment of yours: "I have been a member since late 2001 and have only voted on 2 constitutional changes to The Port Club ( Port Adelaide football and community clun inc). One in 2003 and the other in 2010 when the Power bought out the Magpies 25% share." If you're a Club Member not a full member how could you or anyone vote on this, especially bearing in mind this from the PAFC constitution:
"9.5 Club Members (other than Members of the Company) will have no right to vote in
connection with any other resolution put to that meeting or to participate in any
discussion relating to any other business at the Annual General Meeting of the Company.

9.6 Any four Directors may whenever they think fit convene a general meeting of the
Company."

I think to answer the thread question, the very most that we as supporters can do is to nominate someone to be a director (and full member) to the board of the PAFC. Preferably someone from BigFooty or someone happy to join up so there can be full accountability and we can get an insight in the internal running of the club.

The PAFC Ltd is a seperate legal entity to the Port Adelaide Football and Community Club Inc. So when you become a Club Member of the PAFC Ltd you become a Member of the PAFCC Inc with two different sets of voting rights for the two seperate legal entities. A part of the your Club Membership fee is transfered from the PAFC Ltd to the PAFCC Inc. It used to be about $45 but that was changed to $10 in 2007. Prior to 2009 if you purchased a season ticket you weren't a Club Member of either PAFC Ltd and therefore not a Member of PAFCC Inc. You had to buy a Football Club Membership to be able to vote and be a Club Member of the PAFC Ltd and therefore automatically a Member of the PAFCC Inc. When the change happened, season ticket holders automatically became Club Members of the PAFC Ltd and therefore Members of PAFCC Inc.

So that's why I got a vote in 2003 and 2010 to change the constitution of the PAFCC Inc.

As a member of the PAMFC Inc I also got a vote in late 2010 to merge the PAMFC Inc with the PAFC Ltd. The PAMFC Inc still exists as a legal entity because it owns the Prince Hotel licence/leasehold and gaming machines and if the PAMFC Inc was wound about over $100k of stamp duties would be payable, so the PAMFC Inc is still registered and just holds some assets of the PAFC group of entities.

 

[Francis Soyer]

What can we do to facilitate change at our club? The last 3-5 years have been a disgrace and the President, board, Coaches and players are inept in performing their duties. Can we do anything in a positive fashion to change things around. This is truly the darkest period for our once great club. We are now a club that accepts losing and coming second or last. Losing should never be acceptable but we are slowly transforming our culture into what melbourne demons are. Losers!!!

Even if we beat GWS today we have to change things around.

 

[Eric Blair]

Well gents, where to from here? It is time for us as paying members to take this club back

 

[Forzaport]

When is the AGM again? In a couple of weeks?

 

[Eric Blair]

I know there is a members night on Tuesday, I would have thought the agm would be later on in the year

I really fear things will get worse before they get better tbh on field we are a heartless rabble, off field we would resemble Stalingrad in 1943

 

[RussellEbertHandball]

When is the AGM again? In a couple of weeks?

The AGM is always mid December as the financial year ends 31st October. Board Nominations are usually advertised by the 7th November.

The traditional late season members info night is on the 15th ie Wednesday week. Everyone who is pissed off should make an effort to get there. Apathy on our part and not turning up will only entrench the malaise.

 

[Butcher32]

guys...what can we do?? every year we think we have hit the rockbottom but we keep plunging, this gotta stop!! we gotta make ourselves heard.How do we do that?

 

[Power Pete]

 

[Wildmanwok]

How much for a truckload of chicken s**t again?

You dont need a truck load of chicken s**t, just head down the club and lay a cable of your own on the front door mat. I'm pretty sure they will get the general idea and it will only cost you a Vili's pie or two.

If your really really angrey have a dodgy vindaloo and spray the message on the door mat.

 

[Andre]

guys...what can we do?? every year we think we have hit the rockbottom but we keep plunging, this gotta stop!! we gotta make ourselves heard.How do we do that?

This reminds me of the Seinfeld quote "Sometimes when I think you’re the shallowest man I’ve ever met, you somehow manage to drain a little more out of the pool."
Except ours is "Sometimes when I think you've hit rock bottom, you somehow manage to drain a little more out of the pool."

 

[Ford Fairlane]

How's that job assessment go that does the email rounds now and again? Since my last report, this employee has reached rock bottom and has started to dig.

 

[PeacefulWarrior]

Hit rock bottom? Do you think so?
We have Primus, Rhode, Dunc and Falloon there still making decisions. If you think we've hit rock bottom and there fore on the way up, your kidding yourselves.

 

[RussellEbertHandball]

What would be interesting if 5,000 to 10,000 people went to 3 or 4 training sessions and let the players know iif they were training hard enough, smart enough, hit targets etc and rip into them when they stuffed up or weren't working hard enough.

Might wake a few of them up. I assume they have woken up today feeling crap but I want them to wake up when they cross the line both at training and game day.

 

[Power Pete]

Coaches move on, players retire, board members are elected and ejected, but the club always stays in your heart and you in the club. It's time to regroup and play the game, because the game never stops. For the Port Adelaide Football Club it's about taking the next step into the future and making the club great again. WE ARE PORT ADELAIDE since 1870