BHS Election & Rights of Members

[Themis]

At the 5 Jan 2019 General Meeting, at least two things became became publicly clear. First, that the advice of the professionals about the process for changing the Articles of Association was incorrect. The changes did require a special resolution and therefore 75% majority. It was confirmed at the meeting on 9 April that the advisors have been replaced. Second, that the Nominations Committee had rejected qualified candidates who wished to stand for election. That meeting was adjourned by the votes of those present. However, changes to the Nominations Committee have subsequently been made without a vote by members. Strange things seem to be happening again to the applications of members who wish to stand for election. Why shouldn't members have the right to vote for all qualified candidates?

 

[pink unicorn]

Does anyone know why the Gm minutes 2013 & 2016 have not been made publically available?!?!?!?!?!

 

[JanetGeorge]

However, changes to the Nominations Committee have subsequently been made without a vote by members. Strange things seem to be happening again to the applications of members who wish to stand for election. Why shouldn't members have the right to vote for all qualified candidates?

There may be other candidates but I know of two VERY well qualified candidates that have been rejected and the excuses were 'imaginative' at best - and at worst - outright lies. The reason both candidates were rejected is that they are not Yes men/women - and would not be prepared to allow Members to continue to be treated like mushrooms!

 

[ECB]

Does anyone know why the Gm minutes 2013 & 2016 have not been made publically available?!?!?!?!?!

Let’s ask BHS the question.

 

[ECB]

There may be other candidates but I know of two VERY well qualified candidates that have been rejected and the excuses were 'imaginative' at best - and at worst - outright lies. The reason both candidates were rejected is that they are not Yes men/women - and would not be prepared to allow Members to continue to be treated like mushrooms!

This is “packing” the Board. Not good governance practice at all.

 

[honetpot]

Its a strange way to run an election even by poliictal standards.
You ask for nominations, most of the members will never know who is nominated, we are never told. Then they are intereviewed and 'unsuitable' candidates rejected. Again members are never told. Then if there are no suitable candidates, the existing Trust board members can co -opt who they like, who does not have to be a member of the BHS.
If anyone who nominated wants to know why they have been rejected, they are given either a blanket reason,'not qualified, not suitable, its confidentail', with no constructive feedback how they could improve their chances.
The Articles of Assocaition seem to be ignored, or circumvented, so really the members rights, what ever are left are ignored.

The only thing that seems to so far fixed, although it was not printed in the last editionof British Horse, is the Board Meeting in July. No whiff of the EGM called for.

I would like to here why this is all going on because if you want to create an atmostphere of distrust amoungest loyal supporters, its the way to go. Its all a bit GOT

 

[pink unicorn]

If it was a government at least they could be thrown out

 

[ECB]

Its a strange way to run an election even by poliictal standards.
You ask for nominations, most of the members will never know who is nominated, we are never told. Then they are intereviewed and 'unsuitable' candidates rejected. Again members are never told. Then if there are no suitable candidates, the existing Trust board members can co -opt who they like, who does not have to be a member of the BHS.
If anyone who nominated wants to know why they have been rejected, they are given either a blanket reason,'not qualified, not suitable, its confidentail', with no constructive feedback how they could improve their chances.
The Articles of Assocaition seem to be ignored, or circumvented, so really the members rights, what ever are left are ignored.

The only thing that seems to so far fixed, although it was not printed in the last editionof British Horse, is the Board Meeting in July. No whiff of the EGM called for.

I would like to here why this is all going on because if you want to create an atmostphere of distrust amoungest loyal supporters, its the way to go. Its all a bit GOT

If it was a government at least they could be thrown out

Agreed. But from what is being said, it looks like Chairman will be staying on a while despite end of term. And if the rumor that the exiting CEO has been accepted as a candidate or winds up the head of some BHS international venture, then they will have wiped out any remaining trust of loyal members.

 

[Themis]

Tomorrow is the Board meeting. Surely they will set and communicate the date for the meeting requisitioned by petition.

 

[onemoretime]

Tomorrow is the Board meeting. Surely they will set and communicate the date for the meeting requisitioned by petition.

. don't hold your breath Themis!

 

[ConnecticutYankee]

Members going to Badminton - please stop by the BHS and let them know what you think about the election process. We need an open, democratic election. Let all candidates stand for election and let the members decide. We can restore trust if we have new Board members that are democratically elected.

 

[pink unicorn]

Members going to Badminton - please stop by the BHS and let them know what you think about the election process. We need an open, democratic election. Let all candidates stand for election and let the members decide. We can restore trust if we have new Board members that are democratically elected.

They will just give u gin !

 

[NewForest]

They will just give u gin !

To overlook everything that has been happening with the BHS, it will have to be a whole lot of gin. But then the bill for the gin handed out the last time was pretty hefty. And then there's the price of the lorries and the puppet! Not to mention the business class tickets to China.

 

[blitznbobs]

I don’t know much about it but is it something the charity commission should hear about?

 

[ECB]

Charity Commission has heard and keeps hearing. Now that question is - what are they doing other than listening to the BHS "leadership"? Shouldn't they be talking to members?

 

[NewForest]

Worst case - LP is allowed by the Board to stand for election. The magazine and other pr means have paved the way so that her name on the ballot will stand out- especially to members who are new or not sufficiently informed. Other candidates will be at huge disadvantage. The Nominations Committee will have removed other viable but less pliable candidates. What a horrible thought!

 

[honetpot]

Unless there is more than one person that passes the interview process for the Board, there will not be a vote by the members, at the Board meeting. Which, am I being a cynical , there will be only enough suitable candidates to fill the vacant positions, so no vote anyway. No need to tell us who they are.

 

[JanetGeorge]

I don’t know much about it but is it something the charity commission should hear about?

They've heard - and kept hearing - from several members - but it's a slow old process. But they get there eventually: seems a few animal welfare charities have 'naughty' Trustees. https://www.charityupdate.co.uk/new...0XXV9sK1wmD0XX3CfZ32nevFgrD_pQavYBP5RwGwA8Nl4

 

[Themis]

They will just give u gin !

To overlook everything that has been happening with the BHS, it may have to be a whole lot of gin. But then the bill for the gin handed out the last time was pretty hefty. And then there's the price of the lorries and the puppet!

Unless there is more than one person that passes the interview process for the Board, there will not be a vote by the members, at the Board meeting. Which, am I being a cynical , there will be only enough suitable candidates to fill the vacant positions, so no vote anyway. No need to tell us who they are.

Honetpot - if what you said comes true, and the Charity Commission does nothing, hope is truly lost for the BHS.

 

[ConnecticutYankee]

They've heard - and kept hearing - from several members - but it's a slow old process. But they get there eventually: seems a few animal welfare charities have 'naughty' Trustees. https://www.charityupdate.co.uk/new...0XXV9sK1wmD0XX3CfZ32nevFgrD_pQavYBP5RwGwA8Nl4

If they are naughty, what do you call ours - and the CEO?

 

[onemoretime]

Members going to Badminton - please stop by the BHS and let them know what you think about the election process. We need an open, democratic election. Let all candidates stand for election and let the members decide. We can restore trust if we have new Board members that are democratically elected.

Ill be at Badminton, which day do you want us to stop by?

 

[anguscat]

I've an idea! How about a sit-in outside the BHS stand?!!!!
Maybe everyday for an hour?????!!!
Just a silly little idea...…...

 

[anguscat]

At Badminton that is...….

 

[pink unicorn]

I don’t know much about it but is it something the charity commission should hear about?

They do but are being rather Luke warm - an allowing BHS to placate them - we need more to write and complain, like hands, many voices make light work!!!

 

[ConnecticutYankee]

Ill be at Badminton, which day do you want us to stop by?

Any day you can - or maybe every day!

 

[ConnecticutYankee]

They do but are being rather Luke warm - an allowing BHS to placate them - we need more to write and complain, like hands, many voices make light work!!!

The address is Whistleblowing@charitycommission.gov.uk

 

[ECB]

There is no evidence that the changes to the Articles of Association, made in 2016, were properly made. These changes required a special resolution with 75% majority. There was no public meeting; there are no minutes. A democratic election is vital to sorting out the BHS. Members need to write to the Chair and write to the Charity Commission at the address above to insist on a fair, open, transparent and democratic election process. And in my opinion, to fit those criteria, the candidate list can not include the recently resigned CEO.

 

[Themis]

They've heard - and kept hearing - from several members - but it's a slow old process. But they get there eventually: seems a few animal welfare charities have 'naughty' Trustees. https://www.charityupdate.co.uk/new...0XXV9sK1wmD0XX3CfZ32nevFgrD_pQavYBP5RwGwA8Nl4

I have it first hand that they are "engaged" with the BHS.

 

[pink unicorn]

There is no evidence that the changes to the Articles of Association, made in 2016, were properly made. These changes required a special resolution with 75% majority. There was no public meeting; there are no minutes. A democratic election is vital to sorting out the BHS. Members need to write to the Chair and write to the Charity Commission at the address above to insist on a fair, open, transparent and democratic election process. And in my opinion, to fit those criteria, the candidate list can not include the recently resigned CEO.

I would like to see the evidence for the 2009 and 2009 articles too as these were also done by special resolution - I would like to see a solicitor challenge that all three of these changes were illegal and should be overturned and a return to the 2008 articles, when members rights were not compromised.

Maybe its time to crowd fund for a legal challenge!!!! - come on members get together

We are not even getting out legal right to a general meeting, we should of legally had a date for this 21-28 days post partition.


the general meeting must come first. As per the current Articles of Association sec 23.2, and company law act (sec303 - sec304) the directors must within 21 days call the meeting for a date not more than 28 days after the date of the notice calling the meeting. A meeting is the members legal right.

Why are we sitting back and accepting this !!!!!

 

[oldjumper]

Who were the Board members, Chair CEO in 2009?