Hopefully no one in football in Western Australia will complain about the way FIFA runs football, as if they are not prepared to influence the game being run constitutionally in their own backyard, then it becomes clear why the game is riddled with bad management from the global head to grassroots.
It was incredible to read that Football West had appointed Rob Mackay back to the Board and that he had “renewed his Football West involvement with his appointment to the Board at the first meeting of 2015.”
Rob Mackay has been a great servant to the game in Western Australia, and is a man respected by many within the game, but his accepting this appointment is a very sad day for football. Mr Mackay was a man who it always appeared did things right and always by the rules, but his appointment is a breach of the rules he should know, having served on the Board of Football West for two terms and a total of eight years.
The Football West Constitution states quite clearly:Perth Glory
10.11 Maximum term of office
- (a) Subject to article 10.12, an Elected Director may not serve more than two consecutive terms as a Director.
- (b) If an Elected Director has served two consecutive terms, they may not be elected as a Director again until the second annual general meeting after the end of their second term of office.
The exception that could apply to Mr MacKay would be if he were appointed Chairman of the Board.
10.12 Exception to article 10.11 Despite article 10.11:
- (a) if an Elected Director has served two consecutive terms as a Director but has not served as Chairman, or has served only one of those terms as Chairman, that person is eligible for election as Chairman for one further consecutive four year term. After the end that further term, they may not be elected again as a Director until the second subsequent annual general meeting;
This does not appear to be the case.
This is sad as it comes following other appointments that appear to be in breach of the constitution. Perth Glory Deputy Chairman Lui Giuliani was appointed to the Board of Football West. Another appointment that goes against the constitution. Mr Giuliani should have been disqualified from standing for the Board as he holds a disqualifying position (Section 10.4) as he holds an “official position” with a club. As Perth Glory have a team in the National Premier Leagues a competition under the control of Football West, as a Board member of that club he cannot sit on the board, just as any other board member of any club in Football West competitions is excluded. This was an issue we raised in December 2014 (Words with No Meaning) only to be told that Mr Giuliani was no longer on the Board of Perth Glory. Having subsequently checked with the club we have been advised as per their website, he is still deputy Chairman! Hopefully new appointee Jason Petkovic has now resigned from his role on the Committee at Cockburn City as otherwise like Mr Giuliani he too is in breach of the constitution.
The questions those involved in the game at any level should be asking is how can this happen? On the Board we have Anna Liscia who is a lawyer and an elected member of the Legal Practice Board of Western Australia, surely she is well aware of the constitution? There are two qualified men from the heavily regulated Finance industry in Chairman Liam Twigger and Sherif Andrawes, the latter is Chairman of respected accounting firm BDO(WA), both of these men should understand why a constitution is there and why it must be adhered to. Also new board appointee is respected journalist Gary Adshead, who as the Political Editor and investigative journalist at the West Australian has spent time exposing politicians and citizens who rort the system.
So why do these respected individuals fail to adhere to the constitution? What is it about administrators in Football who once appointed appear to ignore the rules that have been put in place to protect the game as a whole?
It comes back to a regular question who is policing the running of the game? Should it be FIFA or closer to home the FFA? Should it be the Department of Sport and Recreation? One would feel it should be both of these. Certainly the Department of Sport and Recreation should be ensuring that sporting bodies are run properly and in accordance with constitutions bound by the Corporations Act prior to handing over funding. However as we all know that does not happen.
Why is it Football appears to continually follow such a path at all levels? It truly is baffling. However if the masses do nothing then nothing will ever change!
Ian, Thank you for your comment, I know only too well how hard you have studied the document, but I asked a lawyer and he advised that he could not stand. They can invite people but in their opinion cannot invite people who have served two terms. I guess unless someone actually challenges it we will never know.
Ashley,
Having read that very poor document many times in the last decade I am confident that Mr Mackay can indeed be appointed to the board. Under 10.1 section c the board may appoint up to three directors. Appointed directors are usually asked to join as they carry a skill set or knowledge that others on the board do not. A different set of rules applies to appointees.
The election of the other two gentlemen is another matter and as usual Football West doesn’t know or care to follow its own poor set of rules. Clearly they are ineligible to be elected to the board. It shows unacceptable ignorance or ineptitude not only of the Company Secretary but also the Nominations Committee who should ensure these breeches of the constitution do not occur.