Northern NSW Football zones brief lawyers to kick out directors

BY JAMES GARDINER
03 Nov, 2011 04:00 AM

THE presidents of the seven zones that make up Northern NSW Football will ‘‘pursue every legal avenue’’ to remove the three directors responsible for the dismissal of chief executive David Eland unless their demands for a satisfactory explanation are met.
The presidents sent a letter via email on Tuesday calling for NNSWF chairman Peter Moore, deputy chairman Greg Wilson and director Richard Face to resign by Friday.

But the directors countered by calling a press conference for this morning where they will ‘‘make an announcement regarding the chief executive officer at the NNSWF office’’.

Moore and Wilson will front the press conference this morning. Face is on holidays in New Zealand. It is not known what the announcement will be, but one thing is clear: they will not be reappointing Eland.

The more likely scenario is that the remaining board members will appoint an interim CEO.

Although the directors remain tightlipped, the Herald understands they are standing by their decision to terminate Eland’s contract and believe they have solid grounds for their action.

Eland was told of his sacking on Sunday, two years into a five-year deal.

A vote of no confidence in him was passed 3-0 at an extraordinary board meeting on Friday night.

Two NNSWF directors, Bill Walker and Michael Gaertner, refused to take part in the vote of no confidence and resigned from the six-man board.

The other remaining director, Andrew Robertson, abstained from voting.

Walker has since been highly critical of the process to remove Eland and labelled it ‘‘morally and ethically’’ wrong.

Newcastle Football president Steve Cucumanovski said Moore had informed him of the press conference but did not provide any further details. The other presidents were notified by email.

The board’s decision and subsequent refusal to outline the reasons behind the removal of Eland has caused outrage among the zones that make up the 50,000 stakeholders in Northern NSW.

Football Federation Australia has also sought an explanation.

The zone presidents held a 90-minute telephone hook-up last night and voted unanimously to seek legal representation.

‘‘The seven zones resolved to pursue every legal avenue to remove the directors responsible for the dismissal of David Eland as chief executive of Northern NSW Football,’’ said Cucumanovski, who is serving as spokesman for the zones.

‘‘We are solid in what we are going to do.

‘‘It is not a witch hunt. We just want some answers.’’

Cucumanovski would not outline what course of action they intended to take but confirmed they had held talks with a Newcastle legal firm to act on their behalf.

‘‘The board has been issued letters and they have until Friday to do what they need to do,’’ he said.

‘‘We respect that and we will not go any further with it until then.

‘‘But the legal avenue will start from tomorrow. We want to make sure everything is in place, dot the i’s and cross the t’s, so that if we need to go down that path we are prepared.’’

http://www.theherald.com.au/news/local/sport/football-soccer/northern-nsw-football-zones-brief-lawyers-to-kick-out-directors/2345223.aspx?storypage=0

...and director Richard Face

State league clubs against board
BY CRAIG KERRY
16 Nov, 2011 04:00 AM
THE push to spill the Northern NSW Football board of directors and replace them on December 4 gathered more momentum last night when all state league clubs voted in favour of the action.
The standing committee of the state league clubs met to decide its position on the nine resolutions which will be addressed at the annual general meeting and at a general meeting called by members for later that night.

The presidents of the seven NNSWF zones have brought forward legal action to sack the four remaining members of the NNSWF board – chairman Peter Moore, deputy chairman Greg Wilson, Richard Face and Andrew Robertson – over their axing of chief executive officer David Eland.

The zones have two votes each on any motion.

The state league clubs’ standing committee, as well as that of the first division clubs and the referees’ association, have one each.

The referees committee voted unanimously at a meeting on Saturday in favour of spilling the board.

The first division clubs are expected to meet tomorrow night.

Bill Walker and Michael Gaertner, who refused to vote on a motion of no confidence in Eland last month and subsequently quit the board, will rejoin the board if the resolutions are passed.

Broadmeadow president Larry Urdarov, North Coast zone president Phil Holt and Northern Inland president Alex McDonald are the other proposed replacement directors.

http://www.theherald.com.au/news/local/sport/football-soccer/state-league-clubs-against-board/2359109.aspx

Walker dumps on NNSWFF boardBY CRAIG KERRY
01 Nov, 2011 04:00 AM
FORMER president Bill Walker has blasted the Northern NSW Football board of directors over its sacking of David Eland, saying the process to remove the chief executive was ‘‘morally and ethically’’ wrong.
Walker and Michael Gaertner resigned from the six-member board on the weekend after refusing to vote on a motion to dismiss Eland at a meeting last Friday.

Andrew Robertson abstained from voting, leaving chairman Peter Moore, deputy chairman Greg Wilson and former state member for Charlestown and minister for racing and gaming Richard Face to vote Eland out.

It came after a surprise meeting was convened last Wednesday at which a motion to terminate Eland’s position was put forward.

Walker, who served on the board from 1985 until 2004 before returning last year, yesterday confirmed a report in the Newcastle Herald detailing his resignation over the issue.

‘‘The meeting on Wednesday was called by Greg Wilson on behalf of the chairman to discuss a motion ... three of us had no idea what the motion was about, which is allowable under the regulations, and the other three did,’’ Walker said.

‘‘The discussion on the motion was deferred until the next board meeting and then the next day Greg, on behalf of the chairman, sent another email saying the meeting is tomorrow night and to only vote on the motion, no discussion.

‘‘I didn’t think the sacking of the CEO was justified, I wasn’t sure of the validity of the meeting and they offered me no evidence of any wrongdoing or of any performance-based reasons.’’

The 61-year-old, who served as a delegate on the now-defunct Soccer Australia board, said it was a sad day for the sport in the region.
‘‘Some things you’ve got to stand up for,’’ he said.

‘‘If you were working for an organisation, regardless of what was in your contract, would you appreciate being sacked for no reason and not being given the opportunity to talk?’’

Walker said he believed the sacking was wrong ‘‘morally and ethically’’.

He said Eland had done an outstanding job.

NNSW president Bill Walker - a member of the Soccer Australia board replaced by Lowy - said yesterday the organisation had been in a "holding pattern" since the changeover, waiting to find out whether the new regime would grant a stay of execution.

The move to wind up SA and establish a new body will effectively clear the way for a wholesale implementation of the Crawford Report.

"We as a federation put our faith and trust in Lowy and his team and, therefore, we have to support them," Walker said.

"Having said that, obviously Northern NSW is keen to survive and be part of whatever new structure is put in place. We are very much aware of what the Crawford Report recommended, but we still believe we have a strong case as a stand-alone federation. Like everyone else, we're just waiting to see what happens."

Chiefs quit to allow changeMay 9 2003
By Michael Lynch

Soccer Australia chairman Remo Nogarotto and two other board members resigned yesterday.

Nogarotto, Robert Sestan and Walter Bugno carried through their promise to quit and make way for the "dream ticket" board led by billionaire Frank Lowy to take charge of the troubled sport.

"It is apparent that there now exists significant differences amongst the directors as to the most appropriate way forward following last Saturday's extraordinary general meeting," the trio said in a statement yesterday.

"In the light of those differences, it is our view that it is only proper that we tender our resignations effective immediately.

"We respect the rights of individuals to hold opposing views but believe the game for too long has suffered as a result of a divided board room.

"We leave with no rancour and extremely satisfied with the job that this board has done over the past five months."

As the struggle for control of the game intensifies, the four remaining directors of Soccer Australia - West Australian Paul Afkos, Les Avory from South Australia, Sydney-based Dominic Galati and Bill Walker from Northern NSW - are set to stay at the helm of the organisation until a reconvened general meeting of stakeholders next month.

Battle lines between soccer powerbrokers backing the Lowy reform ticket unconditionally and those holding out to retain positions of influence within a new administration now appear to have been been conclusively drawn. The quartet left in charge constitute a quorum and plan to hold a board meeting next week at which they are likely to call for the next general meeting of the sport's stakeholders to be held on June 21.

All stakeholders enlist for battle to remove football board

BY CRAIG KERRY
28 Nov, 2011 04:00 AM

THE solicitor representing members trying to sack the Northern NSW Football board of directors has moved to dismiss doubts about support for the action as the two groups prepare to face off at the annual general meeting on Sunday morning.

John Woodward, of Turnbull Hill Lawyers, has received back signed letters from members of the seven NNSWF zones and three standing committees authorising their presidents or chairpersons to vote and act on their behalf.

Woodward sent the letters out in response to a counter-attack from the board’s advisor, Sydney legal firm Colin W Love & Co.

In a letter sent to stakeholders by NNSWF chairman Peter Moore 11 days ago, the directors deemed notices from zone presidents to call meetings to oust and replace the board as ‘‘defective and invalid’’.

He said the directors’s legal advice brought into question several aspects of the action to remove them, including precisely who Woodward was representing and if those people had the authority to represent members.

Zone presidents instigated legal moves through Woodward to remove and replace the board but not all presidents signed requests for the meetings to vote on the resolutions. Three signed the first request and two signed the second.

However, the Corporations Act requires at least five per cent of voting members to call a general meeting. The zones hold two votes each, 14 in total, of the 17 cast on any motion, meaning one has the power to call a meeting.

Woodward has since received written confirmation from all of the 10 voting members – the seven zones and standing committees of the NNSWF referees’ association, state league clubs and first division clubs – of their intention to remove the board.

The letters, each signed by two members of the respective standing committee or zone board, confirm the president or chairman of each group has the power to vote on their behalf.

Woodward said each letter gives him written instructions to continue the legal fight.

The move comes in preparation for a potentially explosive AGM at which members will attempt to remove the board of Moore, deputy chairman Greg Wilson and directors Richard Face and Andrew Robertson.

The Herald has been told the board has employed security staff to man the door at the AGM to ensure only the directors and authorised voting members are allowed to attend.

The zone presidents have called a general meeting after the AGM where they plan to elect Broadmeadow president Larry Urdarov, North Coast president Phil Holt, Northern Inland president Alex McDonald and former directors Bill Walker and Michael Gaertner as the new board.

Walker and Gaertner quit the current board after refusing to vote on a motion of no confidence in then chief executive officer David Eland last month.

The axing of Eland two days later and the board’s handling of the matter sparked the bitter battle.

Eland has not commented since his sacking but the Herald has been told he would likely return as CEO if the board was replaced.

Interim NNSWF CEO Jock Graham did not return a call from the Herald yesterday.
http://www.theherald.com.au/news/local/sport/football-soccer/all-stakeholders-enlist-for-battle-to-remove-football-board/2372087.aspx?storypage=0

Northern board backflip over AGM vote

BY ROBERT DILLON
01 Dec, 2011 04:00 AM

THE besieged Northern NSW Football board of directors agreed yesterday to let voting members decide their fate.

But the ballot will not take place at Sunday’s annual general meeting, which will be rescheduled, most likely in January.

The legal firm representing the directors, Colin W Love & Co Lawyers, contacted John Woodward, of Turnbull Hill Lawyers, who is representing disgruntled members, to clarify two disputed points.

First, the directors admitted their November 10 motion to call an AGM for Sunday was ‘‘invalid’’.

They also accepted that members should be allowed to vote on the composition of the board.

‘‘The letter to us basically said two things,’’ Woodward said yesterday.

‘‘Firstly, it said they accept what we’ve said about the validity of the notice of AGM.

‘‘In other words, their notice is invalid.

‘‘The second thing they said is that the AGM would therefore have to be rescheduled and that they will include on the agenda the items that we’ve requested – that is, the re-election of the board of directors.’’

Northern NSW declined to comment, other than issuing a statement through interim chief executive officer Jock Graham.

‘‘The board of Northern NSW Football has today resolved not to proceed with the annual general meeting scheduled for Sunday, December 4, 2011,’’ it read.

‘‘The annual general meeting will be rescheduled and will include the agenda items requested by the members.’’

Woodward said members might still hold an extraordinary meeting this weekend to discuss their options.

‘‘We can still meet, and members may well instruct me that is what they want to do,’’ he said.

‘‘Because notice has been given of that [meeting], and while directors say that is invalid, I disagree.’’

Steve Cucumanovski, the spokesman for the presidents of the seven NNSWF zones, said yesterday’s developments were ‘‘a great result’’.

‘‘It shows we’re not trying to do anything untowards,’’ Cucumanovski said.

‘‘Officially they’ve now accepted what we asked them to do, and it shows all our paperwork was true and correct ... they’ve been making us jump through hoops, and we’ve jumped through all the hoops they wanted us to.’’

The dispute dates back to late October, when Northern NSW chief executive David Eland was sacked in controversial circumstances, sparking a bitter row over the handling of the matter.

The zone presidents called for the resignation of chairman Peter Moore, deputy chairman Greg Wilson and Richard Face, whose votes brought about Eland’s dismissal, and Andrew Robertson, who abstained.

Directors Bill Walker and Michael Gaertner refused to vote and resigned in protest. The voting members – the seven zones and three standing committees of NNSWF – were planning to oust the remaining directors at the AGM and elect new directors at a general meeting immediately afterwards.

Walker and Gaertner are among those in line to make up the replacement board.

Broadmeadow president Larry Urdarov, North Coast zone president Phil Holt and Northern Inland president Alex McDonald are the others.

http://www.theherald.com.au/news/local/sport/football-soccer/northern-board-backflip-over-agm-vote/2377174.aspx?storypage=0

Northern NSW Football director stands down, FFA steps in

BY ROBERT DILLON
13 Dec, 2011 04:00 AM

NORTHERN NSW Football deputy chairman Greg Wilson resigned yesterday with a swipe at his opponents as Football Federation Australia intervened in the bitter dispute over the sacking of David Eland.

Wilson did not attend a summit meeting held at Northern’s Hexham office between two high-ranking but unnamed FFA delegates and NNSWF directors Peter Moore, Richard Face and Andrew Robertson.

But last night he released a statement announcing his resignation and advising members against reinstating former NNSWF chief executive Eland, who was sacked in October, sparking an acrimonious and protracted stand-off.

‘‘The decision has been a difficult one but it has become clear that I need to give priority to my business and family commitments over my role as a director with NNSWF,’’ Wilson said.

‘‘I am proud to have been a part of an elected board that has operated independently, making decisions that were often difficult and as circumstance would dictate, sometimes unpopular with sections of the football community, but always driven by what was best for the members.

‘‘In wishing everyone involved in the game in Northern NSW the very best for the future, I believe that it would not be in the best interests of the Northern NSW football community and a grave error in judgement for the members to remove the existing independent directors and interim CEO and replace them with people who clearly have vested interests and are committed to reinstating the former CEO.’’

It is understood FFA’s representatives attempted to persuade the incumbent directors to stand down before the NNSWF annual general meeting on January 10 to avoid further ill feeling, advising them that they had no mandate.

‘‘The talks today were about finding a professional and orderly process to resolve the current situation,’’ an FFA spokesman said last night.

‘‘We are satisfied there is broad agreement on the way forward and acknowledgement of what needs to be done.’’

After yesterday’s negotiations, FFA and NNSWF released a joint statement indicating they would work amicably and transparently together.

‘‘NNSWF and the FFA are working collaboratively and in good faith with a view to resolving these issues in an orderly way and in the best interests of the sport of football,’’ it read.

‘‘It is anticipated that NNSWF and the FFA will resolve the issues in advance of the NNSWF annual general meeting on January 10, 2012.’’

Wilson, Moore and Face voted to sack Eland in October because of an alleged breakdown in their working relationship.

Robertson abstained from the vote, and fellow directors Bill Walker and Michael Gaertner to resign in protest.

Former Newcastle City Councillor Helene O’Neill was appointed to the board last week. She listened to yesterday’s meeting on a conference call.

A showdown between the incumbent directors and disgruntled members had been anticipated at the AGM, which was originally set down for December 4 but rescheduled because the November 10 motion to call the meeting had been declared invalid.

FFA are understood to have advised Moore, Face and Robertson to resign from their positions before January 10, then stand for election if they feel so inclined.

It was unclear last night whether Eland would be reinstated if a new board was installed, but he clearly has staunch support from major stakeholders within NNSWF and FFA.

The voting members – the seven zones and three standing committees of NNSWF – planned to oust the remaining directors at the AGM and elect new directors at a general meeting immediately afterwards.

Walker and Gaertner are among those in line to make up the replacement board.

Broadmeadow president Larry Urdarov, North Coast zone president Phil Holt and Northern Inland president Alex McDonald are the others.

http://www.theherald.com.au/news/local/sport/football-soccer/northern-nsw-football-director-stands-down-ffa-steps-in/2390518.aspx?storypage=0

Does anyone know why they sacked Eland?

Walker leads board after Northern coup

BY CRAIG KERRY
11 Jan, 2012 04:00 AM

FORMER member for Charlestown Richard Face was voted out and the two other directors facing the axe resigned as the bitter battle against the Northern NSW Football board over the sacking of David Eland ended quietly at the postponed annual general meeting last night.

Face, chairman Peter Moore and director Andrew Robertson did not attend the meeting, where resolutions to remove them from office and install five new directors were on the agenda.

Four security staff manned the doors at NNSWF headquarters at Hexham, allowing only voting members from the seven zones and three standing committees inside.

Resignations from Moore and Robertson were tendered to the meeting. The resolution to remove Face was carried unanimously by the 10 voting members.

Face could not be reached for comment last night.

Bill Walker and Michael Gaertner, who resigned in protest at the move to axe Eland as chief executive in October, returned as directors. Broadmeadow president Larry Urdarov, North Coast zone president Phil Holt and Northern Inland president Alex McDonald were the other new directors.

The trio will step down from their club and zone roles in the coming week.

Walker, who called the sacking of Eland ‘‘morally and ethically wrong’’ when he resigned, was elected chairman. Gaertner was made deputy chairman despite not returning to the board as part of the resolutions.

Incomplete paperwork meant Gaertner, who was not at the meeting, had to be brought back as an appointment of the new board.

Former Newcastle City councillor Helene O’Neill, who was appointed as a replacement director in December, chaired the meeting and will be part of the new six-member board.

Walker indicated after the meeting that one of the first orders of business would be trying to reinstate Eland, who was replaced by interim CEO Jock Graham.

‘‘We have five new directors and we are now seeking legal advice with regards to the CEO position,’’ Walker said.

After the tumult of the past 10 weeks, Walker said the focus of the new board was on getting on with business.

‘‘Helene did a good job chairing the meeting and there were no issues. It went very well,’’ he said.

‘‘We’ve got a list of things to work through and we’ll have another meeting shortly.’’

http://www.theherald.com.au/news/local/sport/football-soccer/walker-leads-board-after-northern-coup/2415836.aspx

Eland to repay severance if returned to job

18 Jan, 2012 04:00 AM

FORMER chief executive officer David Eland has told the Northern NSW Football board he will not keep his six-figure severance package if he is reinstated.

A new-look NNSWF board was voted in last week at a rescheduled annual general meeting, ending a 10-week battle between members and the directors responsible for the sacking of Eland on October 30 last year.

The new board is exploring its legal options to end the term of interim CEO Jock Graham and bring back Eland.

The Herald has been told Graham, who was appointed on November 3, signed a six-month deal with the previous board of Peter Moore, Andrew Robertson, Greg Wilson and Richard Face. Moore, Robertson and Wilson resigned before the AGM and Face was removed.

Graham was placed on leave by the new board after its election success on January 10 and operations manager Alan Nisbet was made acting CEO.

The Herald has been told Eland, who has worked part-time as a consultant for Southern NSW Football since his dismissal, made it clear he would repay the six months’ severance pay he received if he was reinstated.

The news should temper the concerns of stakeholders over the financial burden on NNSWF from the dispute, which included legal representatives for members and the under-fire board.

Bill Walker and Michael Gaertner, who resigned in protest at Eland’s axing, are leading the new board which also consists of Larry Urdarov, Phil Holt, Alex McDonald and incumbent Helene O’Neill.

The board will next meet on February 18, when Football Federation Australia head of national teams and football development John Boultbee and head of legal and business affairs Jo Setright will be guests.


http://www.theherald.com.au/news/local/sport/football-soccer/eland-to-repay-severance-if-returned-to-job/2423320.aspx