The Value in Sourcing Professionals

Why do organisations go out and seek professional consultation or assistance for all manner of tasks?  Often, they lack in-house expertise or past experience to call on.  

There have certainly been hiccups in matters of correct process and information flow in our own patch.  Check out the next couple of paragraphs for some clarification.  The first, in green, is an extract from Mr Yudi New's correspondence of 14 October 2016 to the Yeshivah Beth-RIvkah parent community, from the section providing answers to commonly asked questions:

The registration email included an expression of interest form rather than a nomination form.  Why is that?  

Nominees for positions on the board need to be members of YBRSL. Once membership has been confirmed, there will be a call for formal nominations for positions on the board of directors.

Now let's check out another extract, (below in brown).  Yes, it would be a good bet to predict we're heading back to one of my favourite spaces, Constitution-land.  We're going to look at a Clause 19.2 in the Subject area of BOARD OF DIRECTORS in the Yeshivah Beth-Rivkah Schools Ltd Constitution.

19.2  No membership requirement

A Director may, but need not be, a Member.

So yes, while there is a clear series of requirements in the Definitions Section for an Eligible Director (and I'll list them at the end of this blog for convenience), Mr New's message to the community regarding a requirement of membership of YBRSL to nominate for a position to the Board of YBRSL is clearly and unequivocally in contradiction with the Constitution. 

Quite frankly, looking at the Constitution and the definitions (see below) it's pretty apparent that there are a whole lot of people out there who may not qualify to become members of YBRSL, but who would absolutely qualify to nominate for the Board.  They could successfully and legally become members of the Board, whether elected, appointed or co-opted.

Which will bring me back to a matter I've referred to on an earlier date - as to how the broader process of the election, including nominations, etc. is being managed.    Again, in green, from Mr New's letter of 14 October, 2016.

Why isn’t the Australian Election Company handling membership applications and nominations?

A key component in eligibility to vote and nominate relates to members’ fee status. For reasons associated with privacy and so that determinations can be made on a case by case basis, this is not a matter which could or should appropriately be outsourced.  

If nominees for candidacy aren't applying as members to begin with, because the Constitution doesn't require them to be members,  this is a non-issue.  These candidates could provide a Statuary Document to an independent organisation handling the entire process, that they have no fees payable nor outstanding to the company.  Easy, simple, transparent.  Again, why should this matter sit in the hands of the a still unidentified series of people within the school?

A final thought to take out of Mr New's letter...

I am interested in expressing my interest – how will I know what being a director involves?

There will be an information evening held for those who submit an expression of interest form and are otherwise eligible to nominate.  The purpose of the evening will be to provide detail around the current status of the schools and early learning centres as well as on overview of the role of director.

As matters stand - it appears that those Mr New is representing as Community Liaison could have a stronger grasp on this whole process.   It doesn't lift my heart to see a communication, advising that whoever 'they' are who will be determining who are eligible to nominate, will also be inviting only these people to an information evening on the role of the director.  

Surely a far better process would be to hold a forum where as many members of the community as possible would have  an opportunity to hear about the role and what it might entail?  Surely it would make better sense to seek engagement and encourage as many as possible to consider moving forward, as early as possible, rather than later in the process, post vetting processes?  

...marcia pinskier

YBRSL CONSTITUTION

DEFINITIONS SECTION 

"Eligible Director" means a person - 

1. who is Jewish according to Halacha; and
2. who has signed a declaration of acknowledgement that the Company is a Chabad institution committed to conducting its religious affairs in accordance with Halacha and the ethos of Chabad as set out in clause 2;
3. who is not an employee of the Company or Yeshivah Hebrew School other than Rabbi Chaim Tzvi Groner; doe
4. who is not in arrears of any fees payable to the Company other than in compliance with any agreed payment plan or deferred payment arrangement.