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Messages of support fro Darren TR5tar


PeterC

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I'd be very surpsied indeed if Ian Cornish accepted anything other than an exoneration of Darren and recognition by th BoD that his expulsion was a mistake.

As an Hon VP in TRR IanC has a lifetime of involvment in TRR from its earliest days. members can trust his wisdom and judgement, as I do.

Peter

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If you want to get rid of the 'banned' thing just delete the tr-register cookie from your browser, though it will come back if you try to log in again. You can see the forums but it looks like no-one has been able to post anything for a couple of hours.

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The TR reg forum update was abandoned due to the update script banning everyone. Software rolled back to the old version with the potential loss of some posts. Wayne will regroup next week when the vendor has a chance to fix the problem. I never saw the original announcement as it was buried in the Forum help section. I was sure that the BoD had lost it.

 

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The attempt By HonVP Ian Cornish and past Directr Ian Brown to resolve the issue has failed. IanB's post from earlier today follows

Acting Chair Westbury gives the BoD response in blue at the end of the post.

The situation is getting nastier.

Peter

====================

 

EGM meeting Monday 20th August
 

 

Ian Cornish, Ian Brown, Allan Westbury, Dave Burgess 

 

 

First of all a big thank you to the moderators for allowing the discussions to continue on the members section of the forum, and to all the contributors who have tried to remain objective and contribute informed advice.

The motions proposed for the EGM regarding Darren are not necessarily specific to him, they could equally apply to any member of the TR Register.
 

To cut a very long story short, and distilling it down to a basic level, no names or blame –

A member of the club (Darren) has been expelled from the club based on accusations only, at no time was any evidence provided to him in order that a defence/rebuttal could be made. 

Natural justice requires full disclosure to all parties. Despite repeated requests, including in writing by Darren, the Board have not provided such information, claiming that it was supplied anonymously and the person(s) providing the information did so only on the basis of remaining anonymous.
 

Ian Cornish and I met Allan Westbury and Dave Burgess on Monday evening to try and find a way of avoiding the costs and disruption to the club of holding an EGM.
 

The Board acknowledged that more than the requisite number (50) had supported the call for an EGM with two motions, firstly to rescind the decision against Darren, and secondly to establish an independent panel to review the process and report their findings. The Board confirmed that a date had been set, Thursday 27th September, although no venue was disclosed.
 

The Board has taken legal advice and the opinion they have received is that the motions are inadmissible according to the A of A’s:-
“For the members to request that the Directors take, or refrain from taking, specified action one must revert to Articles 5(1) and 5(2). Article 5(1) states that members may direct the Directors to take or refrain from taking such action by way of Special Resolution. The Notice to request the calling of the EGM does not specify that the Resolutions to be put forward are Special Resolutions.”
 

Whereas other advice given shows another interpretation, and one under which the motions were made, making the point that:-
clause 33 Voting: general 33. 
A simple majority of votes shall decide all resolutions, except on a change of these Articles which shall require a majority of 75% in favour.

There is nothing anywhere else dictating what/how to vote, nor are there proposals to change the Articles...............

You can read the A of A here https://www.tr-register.co.uk/uploads/2018/04/06/TRR_Articles_2017.pdf and make your own minds up.

There is a chance that the Board will insist that the EGM motions will fail according to the legal advice they have received. This may result in a call for a second EGM with differently worded motions, doubling the not insignificant costs and administration for the club, not to mention possible disruption to the AGM schedules.
 

The Board did agree to establish an independent panel to review the whole process,

Allan and Dave did agree to support reinstatement of Darren with immediate effect, providing Darren did not stand for national office until the review panel had investigated and reported its findings.
 

The use of the word “reinstatement” was questioned and the Board have subsequently replied that they are not willing to rescind their decision, as requested in the first motion proposed for the EGM.

The choice of words is important to both the member involved and the Board for probably the same reasons, neither believe they have done anything wrong, whereas by implication other interpretations could be applied if the word “reinstatement” was used.

Darren agreed to stand aside and not apply for any national post until the review was completed and the findings published, and would abide by the findings.  However, Darren would not accept “reinstatement” because that word implies that he is guilty as charged and that the Board has chosen to be lenient in its sentence.  Darren believes that he is not guilty and that reinstatement would leave a permanent black mark against him, which would affect his standing within the club and elsewhere.  Hence, Darren requires that the Board’s decision be rescinded.
 

The EGM can be avoided, according to legal advice given to the Board, if sufficient numbers withdraw their support for that EGM such that the number of requests drops below the required 50.

If you supported the call for an EGM and the motions as put forward, you have the opportunity to withdraw that support.  No one can tell you what you should do, it’s your choice as a member of the club. If you supported the EGM, allowing it to go forward, there could well be more acrimony and cost/disruption to the club.
 

It is your decision as to how “fair” the process was in expelling Darren, without disclosure of any evidence.

This statement was provided to Allan Westbury and Dave Burgess earlier this week, allowing their opportunity to correct any errors or misrepresentation of the meeting.
 

Also, attached is the transcript from the board meeting I attended as Darren’s supporter.
 

Attached File  DC transcript.pdf   410.45KB   43 downloads

 

This is a members’ club and the Board take direction from the members.

There are some really good directors trying their best, and we should be careful not to tar them all with the same brush.

At no time has any board member contested or denied what happened.
Ian Cornish and I have tried our hardest to resolve the issues, but I have just received this email from Allan Westbury

 

Dear Ian,

I regret to inform you that the directors feel so strongly about Darren’s actions that they are not prepared to either rescind Darren’s membership or to re-instate him until a review panel has deliberated. Accordingly his expulsion will run until October 1st 2018.

I intend to post the following on the forum later today.

I am sorry things have turned out this way after all our joint efforts, but I am sure you understand.

Best wishes,

Allan

Ian

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This is a members’ club and the Board take direction from the members.

Yet the self important ‘they’ pay for high powered legal advice to make sure the members don’t tell the politburo what to do.

its all a bit Salem Witch Trials.

When a club start employing lawyers to fight its members, it’s all over bar the shouting.

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3 hours ago, McMuttley said:

Have I missed something ! :ninja:

You sure did. Using a flawed process with suspicious motives the board expelled a TR reg member. This pissed off a lot of us so we had enough votes to call an EGM. At the last minute the board agreed to more or less implement the procedures that the EGM would have proposed so we scurried to call off the EGM. Darren is supposed to be reinstated forthwith and an independent review scheduled.

Stan

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12 hours ago, foster461 said:

You sure did. Using a flawed process with suspicious motives the board expelled a TR reg member. This pissed off a lot of us so we had enough votes to call an EGM. At the last minute the board agreed to more or less implement the procedures that the EGM would have proposed so we scurried to call off the EGM. Darren is supposed to be reinstated forthwith and an independent review scheduled.

Stan

Stan

Has Darren's membership been reinstated?

Paul

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Wow this is all rather intense.

I have never heard of a Car Club doing something like this, most clubs I know of want to keep members.

 'A member of the club (Darren) has been expelled from the club based on accusations only, at no time was any evidence provided to him in order that a defence/rebuttal could be made.'

Surely the dangerous part is that  is all allegedly based on accusations.

That reminds me of a contract I was asked to sign that stated if I was alleged to give information about the show I could be sued for $1000,000.00.

Didnt work on the show as they refused accept the big black line I put through that part.

 

Adrian

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16 hours ago, foster461 said:

He still shows as having a disabled account in the member list. The urgency in cancelling the EGM did not extend to reinstating Darren.

 

The Board didn’t blink first. 

Promising sonething is one thing, delivering it is another.  Normal jogging for the TRR board, use the threat of alleged dissent and chaos by the forumites to stir the mostly passive membership into grabbing their pitchforks.

Just like last time, there will be a token ‘resignation’ or two to let the activists think things will change,  then the next purge will begin. Forums on life support, they’ll kill that next.

its all very Stalinist.

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I'm cautious about making any statements here, as no doubt it would be used against me. However, always happy to chat privately, so if anyone wants to hear more, then please feel free to PM me and I'll give you my email address and phone number.

Best wishes, 

Darren 

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4 hours ago, TR5tar said:

I'm cautious about making any statements here, as no doubt it would be used against me. However, always happy to chat privately, so if anyone wants to hear more, then please feel free to PM me and I'll give you my email address and phone number.

Best wishes, 

Darren 

Darren,

I have kept my thoughts firmly to myself over on the 'other forum'. I was not present at the meeting so i can only go on what has been written.....

I'm sorry your reinstatement has not been sorted over there, i asked the question but it is not for me to 'flick the switch'... I don't even know if i have the right tools to do it but if nothing else i have missed your comments on the forum. You are very passionate about the marque and i think thats what we need!!

I also have to be careful what i write as to what company i own...... Strangely enough, they are my own opinions, not my company!

If you fancy a chat you know my work number :) 

See you at the AGM

 

Tom 

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