OCA Presidential Election

[Peter McKillop]

Re: OCA Presidential Election

Good luck, Chris.

[Pierre Denommee]

Re : Re: Re : Re: OCA Presidential Election

I don't understand the point you are trying to make Pierre.

Nobody ever said Barry could not be hired by the OCA. What the problem is is that he hired himself without the approval of any other directors.

I wanted to say that is it perfectly legal for a director to by awarded a contract by the association but it has to be done the right way. The right way being by the other directors with the interested party abstaining from voting. Ontario Law might be more generous.

[Christopher Mallon]

Re: OCA Presidential Election

I did receive a response from Barry which basically ignored all my points, so I've sent him the following email (cc to OCA Governors) asking for him to clearly respond.

Hello Barry,

You pretty much ignored every question I asked or point I raised and went off on a tangent, so I will ask very clearly. Please respond point-by-point so that all OCA Governors and interested parties may know your answers to these important questions. I have even numbered them for your convenience.

We'll start with the AGM.

1. As Gary pointed out it was specifically decided that these constitutional changes should NOT be done at the AGM last year but by email vote and discussion by all Governors. HAS THAT HAPPENED?

2. Why was proper notice of the AGM not given? By-law 4.20 was broken requiring 15 days advance written notice to all Governors. By-law 5.1 was broken requiring an AGM within 60 days of the end of the fiscal year, which would have meant holding the meeting by May 30th.

3. Where are the financial statements? It is impossible for someone to come up with a clear plan forward for the OCA (which you ask me for) when these are not available. I do note that this has violated By-law 4.32 d) which requires financial statements to be disclosed at least 30 days in advance of the AGM.

As for the leagues...

4. When was the last time any fees were rebated to any league? How about an actual date of the cheque sent to each of the four leagues? I know SWOCL has not received money since 2006.

5. At what point were you planning to disclose to the OCA Governors that due to mismanaged finances at the 2006 Canadian Closed and the CFC getting stuck with a $2500 bill that it never took money in for, that the OCA was not receiving any money from the CFC until that bill is paid via provincial membership portions?

As for Trillium...

6. Is it not true that, in hiring yourself as York Region Coordinator, you violated By-law 4.6 of the OCA Constitution whereby the authority over hiring of or engaging under contract of individuals is specifically given to the Board of Governors, not to the President himself or even the Executive?

7. Is it not true that, in hiring yourself as York Region Coordinator, you violated By-law 4.38 of the OCA Constitution whereby any Governor or Officer who has any interest in a proposed contract or transaction will disclose such interest, and shall not vote or speak in debate?

8 .Is it not true that, in hiring yourself as York Region Coordinator, you committed a serious breach of ethics, serious enough that Trillium actually investigated, and you were in fact asked by at least one member of the Executive to resign, which you elected not to do?

You want my plan for the OCA? Simply to make it work, and properly, and to actually follow the rules, or change them if they don't make sense rather than ignoring them. You have all these fancy ideas and you have allowed the basic functions and obligations of the OCA to flounder. Without knowing the financial picture I can make few concrete promises, however your cancelling of the Ontario Open was a bad idea and I will undo this. Within two weeks of being elected I will announce a date and location for the 2008 Ontario Open. That is my first promise. And it will likely occur even sooner.

I look forward to hearing your answers, Barry. I'm also happy to answer any questions anyone else may have.

Thanks,

Christopher Mallon

[Christopher Mallon]

Re: OCA Presidential Election

More fun. Barry's "reply":

Hi Chris,

Constitutional changes should be done at an AGM were personal debate and discussion can be heard. Rather than rush a decision, it has been scheduled for the next AGM.

Notice of the AGM was given in early April and has been on the website since, giving more than 60 days notice.

We are still awaiting financial information from the CFC so can not conclude the financials without confirming the fees that are owed to us.

No funds were received from the CFC in the last year and therefore no funds have been issued to the Leagues.

The CFC has many challenges and is stalling on payments. It is a CFC not a OCA mismanaged issue.

The OCA at its AGM approved the submission and carry through of a Trillium Grant and the Executive had every authority to carry that out. This will all be discussed at the AGM.

The Ontario Open was not held this year as SWOCL was unable to arrange it in their turn. Why did you not help them in time for a normal May event, as you are in that League area?

I look forward to hearing your ideas at the AGM on Saturday.

Barry

And my response to his:

Hi Barry,

Why do you refuse to provide a straight answer?

Your whole sentence about constitutional changes is moot, because you attempted these motions at the LAST AGM and decided there that the AGM was not the proper place because not enough Governors were present to discuss them. Now, suddenly it is?

"Notice" was posted on the website of an AGM to be held somewhere in Brampton (we'll assume Ontario!) at some undisclosed location and time on June 7th. First of all, that is NOT a legal notice (not enough information) and second, a message on the website is NOT how notice is prescribed by the OCA Constitution. If you are saying that that was your notice, it just changes which by-laws were broken, not the fact that some were broken.

Your third line is the closest you come to a straight answer, however it is still not acceptable. Financials should be put together to the best ability of the OCA given incomplete information, to be revised in the future if new information contradicts them. All financial details should NOT be kept hidden simply due to a single dispute with another party!

I'm glad to hear your explanation of why no funds have been issued to the Leagues for the past year. Now can you please explain why it's been TWO years for SWOCL?

I did not ask you whose fault it was that there is a dispute between the OCA and CFC. I asked when you were going to disclose this as the reason the Leagues were not receiving their rebates?

The OCA at its AGM did not approve your hiring as the York Region Coordinator, nor did it give you sole power to hire anyone (including yourself).

I, in fact, did try to get an Ontario Open in Kitchener this year. We had this little problem called the Memorial Cup the same weekend keeping everything booked solid. I also had an issue in that I was applying for a job that would have kept me in Ottawa all summer from mid-April so I couldn't be the sole organizer. Still, I showed more leadership here than you. All you publicly did for the Ontario Open was cancel it, rather than perhaps opening up additional dates for the event?

I would still like specific yes or no answers to all my previous questions. I didn't think that would be so hard to provide.

Thank you,

Christopher Mallon

[Felix Nemenyi]

Re: OCA Presidential Election

The use of the OCA... You can help player? Gives us real hope that you can be.