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Old 1st October 2019, 10.28:36   #1-0 (permalink)
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Default Fiduciary Duty and the Board

Way back when, at the time I was involved actively with the Trust we were schooled by Supporters Direct that we should not overstep our Fiduciary Duty. As a Trust Board Member we were trustees of the Trust monies and should always work in good faith and trust. I do not think for one minute that anyone involved in the Trust or Club Board is not acting in good faith, however, we were told rightly, making decisions or advising on areas of expertise that they were not qualified to do is a breach of that Duty.

The reality is we cannot now wait to appoint a new manager but for me the Board are in Breach of this requirement. With this in mind I feel an appointment to the end of the season and a proper Fiduciary Duty compliant structure be implemented.

I have not supported the EGM drive as I feel that the danger of losing our hard working current Directors is too great, I do feel however, that and EGM based on this point could and should be supported by the majority of Trust Members at an EGM. Its basically saying that the Board must not bridge their expertise as trustees effectively of the Clubs Monies as I currently believe they are. Appoint some football knowledge would satisfy their Fiduciary Duties.

Thoughts welcomed.
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Last edited by 3pmsaturday; 1st October 2019 at 10.32:11..
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Old 1st October 2019, 10.38:32   #2-0 (permalink)
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Default Re: Fiduciary Duty and the Board

The thoughts are, sound, we clearly do need some footballing nous on the board.
However, and someone can correct me if wrong, the EGM isn't about removing Directors necessarily, more being held to account and opening the board up to additional help and possible investment in the club?
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Old 1st October 2019, 10.40:40   #3-0 (permalink)
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Default Re: Fiduciary Duty and the Board

Are you forgetting that any egm would still need votes. So even if the proposal (which I understand it to be) is to vote on no confidence on specific members of the board it would still need to be voted through which is unlikely to get passed right now... Im ok with it not passing too, I think its a conversation that needs to be had as a reminder that nobody is bigger than the club, and its at least a democratic process.

Why not suggeat this via the EGM inbox as its already been stated that they are open to suggestion.

There are other items which have already been highlighted on that proposed agenda such as Safeguarding full time status and reviewing the role of wst chair... What isnt on that agenda is something that says "sack the board in full" or "we are backed by someone who wants to buy the club" which seems to be a myth used to discredit the idea of having an egm to force the discussion to happen and try to reset some of the balance. If we dont have the conversation the division between fans and board will grow, and continued poor results could see the atmosphere turn really nasty

Just my thoughts anyway.
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Old 1st October 2019, 10.41:15   #4-0 (permalink)
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Default Re: Fiduciary Duty and the Board

Quote:
Originally Posted by Ooh aah Paskin View Post
The thoughts are, sound, we clearly do need some footballing nous on the board.
However, and someone can correct me if wrong, the EGM isn't about removing Directors necessarily, more being held to account and opening the board up to additional help and possible investment in the club?
Nothing to do with investment, but correct on other points.
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Old 1st October 2019, 10.42:55   #5-0 (permalink)
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Default Re: Fiduciary Duty and the Board

'The Road to Hell is paved with good intentions'.

We need this type of experience on the Board now, not after a decision has been made on a new manager. Otherwise, the Board will leave themselves open to yet more justifiable criticisms.
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Old 1st October 2019, 10.44:47   #6-0 (permalink)
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Default Re: Fiduciary Duty and the Board

Quote:
Originally Posted by Ooh aah Paskin View Post
The thoughts are, sound, we clearly do need some footballing nous on the board.
However, and someone can correct me if wrong, the EGM isn't about removing Directors necessarily, more being held to account and opening the board up to additional help and possible investment in the club?
No it isn't about removing directors and that's been made clear, twice.
Seems some people only read what they wanted to, in their desperate attempt's to crush the only way of holding those on the board to account.

If you really support the club and not board members then the opportunity to hold them to account should be welcome as they aren't doing it themselves. Still at least we're not Bury eh?
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Old 1st October 2019, 10.58:24   #7-0 (permalink)
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Quote:
Originally Posted by Phils-an-alki View Post
No it isn't about removing directors and that's been made clear, twice.
Seems some people only read what they wanted to, in their desperate attempt's to crush the only way of holding those on the board to account.

If you really support the club and not board members then the opportunity to hold them to account should be welcome as they aren't doing it themselves. Still at least we're not Bury eh?

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Old 1st October 2019, 11.08:13   #8-0 (permalink)
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Default Re: Fiduciary Duty and the Board

Quote:
Originally Posted by Phils-an-alki View Post
No it isn't about removing directors and that's been made clear, twice.
Seems some people only read what they wanted to, in their desperate attempt's to crush the only way of holding those on the board to account.

If you really support the club and not board members then the opportunity to hold them to account should be welcome as they aren't doing it themselves. Still at least we're not Bury eh?
Perhaps you need to work on your communication then? I have no idea what the EGM is about apart from having a go at Directors. You need a clear message and to say you have mentioned a topic twice just underlines the issue. Be clear. or I move to sack the AGM people!
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Old 1st October 2019, 11.14:56   #9-0 (permalink)
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Default Re: Fiduciary Duty and the Board

Quote:
Originally Posted by 3pmsaturday View Post
Perhaps you need to work on your communication then? I have no idea what the EGM is about apart from having a go at Directors. You need a clear message and to say you have mentioned a topic twice just underlines the issue. Be clear. or I move to sack the AGM people!
This information has been shared already.
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