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?