A crucial question

Yesterday we ran a story headed “A Crucial Time for Football’s Leadership, ” and it has been read by many, and some in high places.

We received an email from Football West CEO Peter Hugg, who stated that he had gone back to his legal advisers as our belief that rules were being bent concerned him.

As anyone who has dealt with Lawyers will tell you, they rarely speak the Queen’s English, and as we are still part of the Commonwealth this is the form we are most used to.

The following explanation in relation to the CEO of Perth Glory being allowed to remain on the board has been received from the Football West CEO, having been received from the FFA. (Please note we are against the position holding a place on the board, not the individual in that position)

“The prohibition in Football West’s constitution is on Football West board members holding a “Disqualifying Position” which includes being “employees of Football West or FFA” or holding an “Official Position”.  In this context the relevant part of the definition of “Official Position” is part (a) which lists exhaustively official positions as “chairman, deputy chairman, secretary, treasurer, director, committee member or member of the governing body (however described) of a club, association (incorporated or unincorporated) or company (including FFA, but excluding the Company) conducting, participating in or administering Football or any Football Competition in Australia”.

I agree with the view that he does not hold a Disqualifying Position as he is only an employee of Perth Glory and employees are not captured by the “Official Position” definition.  I am supported in that view by the fact that the Constitution does turn its mind to the status of “employees” and expressly provides that “employees of Football West or FFA” hold Disqualifying Positions.  There appears therefore to have been a conscious distinction drawn by the drafters of the Constitution between employees of Football West and FFA who are disqualified and employees of other entities.”

It does seem bizarre that someone who is paid and has a job to do for his employer to gain the best they can for that employer is allowed to hold a position, while a volunteer who gives up their time for the love of the game is not. But then legal speak has always been a different language. We still take the constitution on face value and believe there is a conflict of interest, and no legal jargon will convince us otherwise.

Is having the CEO of Perth Glory on the board of Football West a conflict of interest?

A crucial question
Tagged on:

5 thoughts on “A crucial question

  • February 3, 2011 at 1:27 pm
    Permalink

    Bill, I have to say the fact that he and the rest of the board cannot see there is a conflict is extremely worrying. If they do not abide by the constitution then we are in trouble.

    The standing committees however need to flex their muscles on this issue, if the FFA won’t.

    Just on the last point I do not see any issue with Linked in. I am actually signed up with Linked in and it is a useful tool, in that I have managed to track down former colleagues, and have also gained work from it. Unless I am seeing it wrong I do not think there is anything sinister to it.

  • February 3, 2011 at 1:02 pm
    Permalink

    The response to Peter Hugg ( who was not at FW in my first raisng the concern ) is similar to that I received from the FFA Legal department and I still believe not to be correct .

    Before he became CEO of Glory Paul Kelly was a Board member of Football West and Perth Glory and based on the above answer you received from the FFA he should have resigned when he took that position.

    quote ” In this context the relevant part of the definition of “Official Position” is part (a) which lists exhaustively official positions as “chairman, deputy chairman, secretary, treasurer, director, committee member or member of the governing body (however described) of a club, association (incorporated or unincorporated) or company (including FFA, but excluding the Company) conducting, participating in or administering Football or any Football Competition in Australia”.end quote”

    That the above MAY(/u) be the case because he is NOW a paid employee and it matters not as this all occurred Before he became an employee and he should have been removed from the FW board then ..

    There is a coincidental business relationship of all lot of people including Peter Hugg and the person who would have sent him the response based on Mr Kelly’s present position Jo Setright the legal person at the FFA together with many others at FW and FFA , as members of au.LinkedIn.com must be viewed as a matter of concern . IMO

    LinkedIn others Board members- Liam Twigger, Owner PCF Capital Group (Mining & Metals industry)

    Anna Liscia Lawyer ( Speciality Mining and resources )

    The Past Chairman Kevin Campbell who only recently resigned the position !

  • December 13, 2010 at 4:37 pm
    Permalink

    How anyone can vote to say that it is not shows the state football is in and as you say, why it will always be a second tier sport.
    The constitution is not there to be adhered to when it suits, and the fact that as you state other board members are working at the Glory on match days brings into question their integrity.
    It appears that the Glory are dictating to the board, and looking at how badly they are run, no wonder the game is going backwards.

  • December 7, 2010 at 6:44 pm
    Permalink

    Often you get people on the boards of two different organisations, and as you state it is up to the Chair to decide if there is a conflict.
    Whereas we can see benefits having someone from Football West on the board of Perth Glory, -Not necessarily the other way around though – it does again offer up possibilities of impropriety. Football cannot afford any such windows of opportunity for people looking to knock the game. Our history has shown that, and until the game matures, such alliances/crossovers are in our opinion extremely risky to the game as a whole.

  • December 7, 2010 at 2:08 pm
    Permalink

    I would pursue this matter further as Paul Kelly was a board member of Football West and Perth Glory -. Prior to him being made CEO at Glory – so a question must arise Why did Chairman Kevin Campbell not ask for / or Paul Kelly resign then ..

    It is time for the honest people in the sport to take over using the same skullduggery as FFA and FW with All workers at every club on an Annual $1 fee so we can have a better input of applicants (who love the sport and the INTEGRITY of it) more than the present Chairman and Paul Kelly .

    Keep up the good work notthefootyshow.com

Leave a Reply

Your email address will not be published. Required fields are marked *