BCA election issue before court today

The Barbados Cricket Association (BCA) goes to the High Court today facing a battle over the election of officers at its recent annual general meeting. A long-standing member, attorney-at-law Vernon Smith, is claiming that there were procedural irregularities in the election of new president Stephen Alleyne, first vice-president David Holford and board member Clinton St. Hill at the July 20 annual general meeting at the Sherbourne Conference Centre.

Smith is arguing that the election should be declared null and void and is seeking to prevent the three from carrying out their offices.

At the annual general meeting, Smith contended that Alleyne, first vice-president at the time, and second vice-president Owen Estwick should have resigned as vice-presidents before contesting the post of president.

Smith argued that if that procedure was not followed, the winner of the election for president would have been holding two posts at the same time.

The board determined that there was no need for either Alleyne or Estwick to resign. Once either was elected president, he would have automatically resigned his junior position.

Alleyne defeated Estwick by 211 votes to 94 to fill the post of president that was vacant since last December 3 following the death of Sir Conrad Hunte.

The vacancy created by Alleyne was won by Holford in a three-way contest that also involved Jeff Broomes and Charlie Griffith.

Holford's elevation left a vacant slot on the board which was filled by St. Hill who defeated Alvin Burgess.

Following are Rules 11, 12 and 13 of the Barbados Cricket Association which relate to the board of management and the election to the board:

Board of management

11. (a) There shall be a board of management of the association in which shall be vested the executed functions of the association.

(b) (i) The board shall consist of the officers of the association enumerated in paragraph (c) of this rule and eight other members.

(ii) The officers and other members of the board shall be elected in accordance with Rule 12 and shall hold office until the second annual general meeting after which they were elected and shall be eligible for re-election; PROVIDED THAT, of the eight other members elected to the board at the first annual general meeting after this rule comes into effect, the four members who received the least number of votes shall hold office for one year only but shall be eligible for reelection for a further period of two years.

(c) The officers of the association (hereinafter referred to as the officers) shall be members of the association who are qualified to hold office and shall be:

(a) a president

(b) 1st vice-president

(c) 2nd vice-president

(d) 3rd vice-president

(e) honorary treasurer

(f) honorary secretary

(d) An officer or other member of the board shall not be paid any wage or salary for his/her services but shall be entitled to reimbursement by the board of expenses approved by the board.

Any officer or member of the board may be awarded an honorarium so agreed to by the association in general meeting.

Election to the board

12. The election of the officers and the other members of the board shall be as follows:-

(a) Any two members of the association in good financial standing may nominate any other duly qualified member for election as an officer or other members of the board.

(i) The names of members nominated for election together with the names of their respective proposers and seconders shall be submitted to the honorary secretary of the association seven days before the date of the annual general meeting.

(ii) Every nomination for election to an office or to membership of the board submitted pursuant to sub-paragraph (a) (i) herein shall be accompanied by a note or memorandum signed by the person nominated indicating the consent of that person to be nominated and his or her willingness to serve if elected.

(iii) If in respect of any office or the membership of the board an incumbent officer or board member does not intend to stand for election as an officer or other member of the board, such officer or board member shall declare such intention in writing to the honorary secretary and to the board at least 21 days before the annual general meeting in each year and such notification shall be communicated to members of the association by a notice published in one or more of the daily newspapers circulating in Barbados.

Such notice shall also notify members of the association that nominations for election to an office or to other membership shall be submitted to the honorary secretary seven days before the date fixed for the annual general meeting.

(iv) If in respect of any office or other membership of the board no nomination or not a sufficient number of nominations have been received by the honorary secretary by the time hereinbefore stated, or if any person who has been nominated for an office or to membership of the board withdraws before or at the annual general meeting, then nominations for such office or to membership of the board may be received and acted upon at the annual general meeting.

(b) Every member of the association in good financial standing and present at an annual general meeting shall be entitled to a vote in respect of each election to fill a vacancy among the officers or other members of the board.

(c) Member clubs shall vote as provided for by rule 8 of these rules.

(d) The election of the officers and members of the board shall be by secret ballot.

(e) If two or more candidates for membership of the board or for office obtain an equal number of votes, a secret ballot shall be taken in respect of those candidates and, if they again obtain an equal number of votes, the chairman of the meeting shall by lot determine the election as between those candidates.

13. (a) Casual vacancies arising in the membership of the board other than officers shall be filled by the board.

(b) The board may appoint any member of the association in good financial standing to fill a casual vacancy as a member of the board giving priority to those members who contested the election at the preceding annual general meeting.

(c) Whenever there occurs a vacancy, which, in the opinion of the board is not of a temporary nature, the board may summon an extraordinary general meeting to fill such a vacancy. Any member of the association elected at any such extraordinary general meeting to fill a vacancy (other than a casual vacancy) shall hold office for the remainder of the term of the member of the board in whose place he is elected.