November 28, 2009
John,

I don't want to enter a technical discussion with you on the powers of the Board.

I can remember at a number of Annual Conferences where the Executive could set annual fees (Capitation and/or levies) according to the clause 11 below, but Annual Conference only had the power to vote to approve the proposed levy.

Now Council has to approve any proposed Capitation Fees and levies. I cannot see where Council can refuse to approve a Capitation Fee that meets the condition of 11.1 below, but they can still refuse to approve proposed levies::

CONSTITUTION - Adopted July 2009

11 CAPITATION AND MEMBERSHIP FEES

11.1 Capitation

Each affiliated club shall keep a register of its members and shall pay to the Association in respect of its members, such a sum as recommended to the Council by the Board. The Board shall determine the capitation fee based on the previous annual C.P.I. figure plus any adjustments to the Bowls Australia capitation fee and/or levies imposed:

In the same constitution is the following clause 16.2. The clause is self-explanatory and cannot be overcome by the Board writing and approving a Charter for Council without changing the constitution.

16.2 Responsibilities of Council

Council shall have responsibility to:

16.2.1 Approve capitation and other membership fees and to approve such levies as considered necessary;

The clause above is or final safe guard and it is the responsibility of all clubs and members to make sure that the Council represents the clubs and members interests and does not become a rubber stamp for the Board

George Adams