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REH,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.
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.