SPFL Season declaration challenged legally (ongoing discussion)

[Gonzo79 13,541]

26 minutes ago, Gaffer said:

The clubs have their money now so I hope they now realise that our game is a joke

I don't have much hope of that being the case and even if it is, of them acting accordingly.

[buster. 4,808]

14 minutes ago, Gonzo79 said:

I don't have much hope of that being the case and even if it is, of them acting accordingly.

I think it is very clear that most clubs see the SPFL handling of the last few weeks as "a (bad) joke".

 

It's about damage limitation/ survival for clubs now and most will act with those priorities in mind.

 

That's why two of the three pargraphs of our statement on Sunday said....... 

 

 

THERE are key issues to be discussed and agreed within Scottish football including the circumstances and dates on which football can resume, the health and safety of all involved and the financial implications for members. 

 

It is vital that those involved in making those decisions have the confidence and support of member clubs. An independent investigation provides a route to achieving this.

 

https://rangers.co.uk/news/headlines/independent-investigation

Edited April 28, 2020 by buster.

[der Berliner 3,217]

Statement from Northern Ireland Football League

 

Following meetings of the Coronavirus (COVID-19) Steering Group and NIFL Board on Monday evening, the NI Football League can provide the following update.

As referenced in our previous statement on 6 April 2020 it remains impossible to commit to a date when competitions could resume, this will of continue to depend on the evolution of the COVID-19 pandemic and the guidance from the UK Government & health authorities but most importantly when it is safe for everyone to return to a sporting arena. 

As you will be aware, the Northern Ireland Executive announced on 15 April 2020 that the current restrictions in place to curb the spread of COVID-19 would last until at least 9 May and stated that they will take a ‘step by step’ approach to lifting lockdown measures.

In addition, the European Leagues confirmed during the video-conference (Friday 24 April) that the Leagues ranked 16-55 would be required to conclude their season by 20 July 2020 (Northern Ireland is currently ranked 52). The European Leagues have however indicated that this was a tentative date.

The European Leagues have stressed the importance to keep unity and consensus among members and suggested that members do not take any hasty decisions regarding the end of the current season and the start of the new season in domestic calendar with the main aim to safeguard the integrity of competitions.

UEFA has recently provided all European Leagues with guidelines on eligibility Principles for Season 2020/21, the key points of which are as follows.

1. Admission to the UEFA club competitions is based on sporting merit. For this reason, UEFA urges National Associations and Leagues to explore all possible options in order to bring all top domestic competitions giving access to UEFA club competitions to their natural end.

2. National Associations and/or Leagues should be in a positionto communicate to UEFA by 25 May 2020 the planned restart of their domestic competitions including the date of restart and the relevant competition format.

3. While using best efforts to complete the domestic competitions, National Associations and/or Leagues might have legitimate reasons to prematurely terminate their domestic competitions, in particular inthe following cases:

a. existence of an official order prohibiting sports events so that the domestic competitions cannot be completed or are highly unlikely to be completed before a date that would make it possible to complete the current season in good time before the latest opportunity for the next season to start. In this situation, UEFA would recognise that it may no longer be practical to wait for a final position from the public authorities and that public health considerations mean that the domestic competitions are at high risk of not being played;

b. specific economic and financial justifications which would make continuing the season to its conclusion financially imprudent or which could put at risk the long-term financial stability of the domestic competition and/or clubs.

4. In the event that a domestic competition is to be prematurely terminated for legitimate reasons in accordance with the above conditions, UEFA would require the National Association to explain by 25 May 2020 (i.e. in line with date referred to in point 2 above) the special circumstances justifying such premature termination and to select clubs for the UEFA club competitions 2020/21 on the basis of sporting merit in the 2019/20 domestic competitions:

a. the procedure for selecting clubs should be based on objective, transparent and non-discriminatory principles. National Associations and Leagues should otherwise have the ability todecide the final positions in the domestic competitions, having regard to the specific circumstances of each competition;

b. the final determination of eligible places for the UEFA club competitions should be confirmed by the relevant competent bodies at domestic level.

5. UEFA reserves the right to refuse or evaluate the admission to any club proposed by a National Association from a prematurely terminated domestic competition in particular where:

a. the domestic competitions have not been prematurely terminated on the basis ofthe reasons given in these UEFA guidelines or on the basis of any other legitimate public health reasons;

b. the clubs were selected pursuant to a procedure which was not objective, transparent and non-discriminatory so that the selected clubs could not be considered as having been qualified on sporting merit;

c. there is a public perception of unfairness in the qualification of the club.

The COVID-19 Steering Group, established by the NIFL Board on 18 March 2020, will continue to liaise with all relevant stakeholders to obtain further information to allow the NI Football League, and our clubs, to take important decisions in advance of the UEFA deadline of 25 May 2020.

Arrangements will be made for all member clubs to discuss the next steps in their respective league Management Committee meetings to be held on Monday 11 May 2020.

 

+ + +

 

Snatched from FF

[der Berliner 3,217]

 

Quote

 

The EGM and our resolution - what the law says

In light of the complexity of the companies act, the SPFL articles of association I thought I’d highlight some key points that govern the resolution put forward by us, Hearts and Stranraer.

- on the requisition of any three (3) Members, the Board shall as soon as reasonably practicable proceed to convene a General Meeting of the Members for a date not less than thirty five (35) days after receipt of the requisition. So far so good
- The Annual General Meeting or a General Meeting shall be called by at least fourteen (14) clear days' notice save for a meeting called by shorter notice if it is so agreed by a majority in number of the Members having a right to attend and vote being a majority together holding not less than 90% in nominal value of the issued Shares giving that right. again so far so good
- The accidental omission to give notice of a General Meeting to or the non-receipt of notice of a General Meeting by, any Member or person entitled to receive notice, shall not invalidate the proceedings at that General Meeting.lets see what the SPFL servers get up to this time
-No business shall be transacted at any General Meeting unless a quorum is present at the time when the General Meeting proceeds to business.8 members have to be in attendance
- The Chairman shall preside as the chairman of every General Meeting. If the Chairman is unable or not willing to act as chairman, the Members present shall choose one of their representatives to be chairman for the meeting unless or until the Chairman shall be present and, in a position, and willing to preside at the meeting the spfl getting their place man in nice and early
- The Chairman may, with the consent of a General Meeting and shall if so directed by the meeting, adjourn the meeting from time to time and from place to place. Whenever a General Meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be given in the same manner as of an original meeting. Save as aforesaid, no person shall be entitled to any notice of an adjournment, or of the business to be transacted at an adjourned General Meeting. No business shall be transacted at an adjourned General Meeting other than business that might properly have been transacted at the original meeting had the adjournment not taken place. This could drag on but I couldn’t think of any reason why it would be adjourned other than to take legal advice but this should be done prior to the meeting as long as evidence is given out.
- Aresolution put to the vote of a General Meeting shall be decided on a show of hands unless before, or on the declaration of the result of, the show of hands, a poll is duly demanded.
69. Subject to the provisions of the 2006 Act, a poll may be demanded by:-
69.1. the Chairman;
69.2. the Board; or
69.3. at least two Members having the right to vote on the resolution,
and a demand by a person as proxy for a Member shall be the same as a demand by the Member. A poll must be taken immediately and in such manner as the Chairman of the meeting directs. in this case due to the circumstances a poll will be taken. Again let’s see how the SPFL servers handle that...
- Subject to any rights or restrictions attached to any Share and Article 24, every Member present whether in person or by a representative or proxy shall have one vote whether on a show of hands or on a poll. The Chairman shall not have a second or casting vote. Fairly simple


fair straightforward here. The vote will be classed as a poll. Every club is entitled to 1 vote. Their vote can’t count twice. In the end there will be 42 votes

there is no scope for changing a vote and the resolution is declared at the end of the poll when all votes are verified.

If we fail in our attempts to pass the resolution our next step would be to take the evidence to the SFA who should have no option but to investigate - failing that uefa and CAS and failing that as long as the evidence shows criminal wrong doing that defies laws or codes of conduct then we have a legal case to take to court.

 

From one of the clue-up legal chaps on FF https://www.followfollow.com/forum/threads/the-egm-and-our-resolution-what-the-law-says.118624/#post-5928982

[der Berliner 3,217]

Daily Telegraph says ...

 

Quote

SPFL calls extraordinary general meeting over controversial season-ending vote

Despite an independent inquiry clearing the board of misconduct, Rangers are pushing for more action

 

Rangers’ pursuit of the Scottish Professional Football League will extend to an extraordinary general meeting on May 12, at which all 42 clubs will be asked to sanction an independent inquiry into the league's ballot on ending the season for lower division teams. The requisition of an EGM required three clubs to support it and Rangers were seconded by Hearts and Stranraer, the bottom clubs in the Scottish Premiership in League 1.
Last week, an investigation by independent auditors, Deloitte, cleared the SPFL board of misconduct over the question of Dundee’s misplaced vote which, originally cast as a rejection of the plan to close the season for the Championship and Leagues 1 and 2, would have defeated the proposal. When Dundee discovered that their voting slip had been submitted in a format that diverted into the mail server’s quarantine, the Dens Park club requested that it be withheld.
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It was then re-cast in favour of the shutdown plan, which was duly implemented, but other aspects of the SPFL’s conduct have angered Rangers, who say that they have evidence of maladministration, provided by a whistleblower, which they will furnish in due course. Rangers, like Hearts and Stranraer in their relegation positions, have something to lose if the Premiership campaign is also truncated with the table as it stands. In those circumstances, Celtic would be declared champions for a record-equalling ninth season in succession.
They lead their Glasgow arch-foes by 13 points and with a superior goal difference of +25 but Rangers, who have a game in hand against St Johnstone, hope that victories in that match, plus both remaining Old Firm derbies, would reduce the deficit to four points (assuming no slippage elsewhere) and therefore put Celtic under pressure.
However much of a long shot this will appear to an impartial observer, other imperatives are foremost in this ancient schism.
Meanwhile, a restructuring of the SPFL into three divisions of 14 remains the only effective option on the table after the 10 clubs from League 2 agreed unanimously to back that process. They agreed to conduct a conference call amongst themselves after the first two meetings of the reconstruction group, co-chaired by Hearts’ Ann Budge and Les Gray of Hamilton, which had considered a 12-10-10-10 model.
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Should the current SPFL clubs be enlarged by the incorporation of the Highland League champions Brora Rangers and their Lowland League counterparts, Kelty Hearts, reconstruction would need the approval of 11 of the 12 Premiership clubs, 17 in total from the top tier plus the Championship and 32 of the current 42 outfits from all divisions. In that eventuality, the League 2 clubs would require only one other to vote with them to put an end to the proposal.
If the current 42-team SPFL continues – and there is no change to the prize money – the necessary 75% vote for reconstruction could not be achieved without the League 2 bloc’s approval. The Stenhousemuir chairman, Iain McMenemy, told BBC Scotland: “We’ve tried to come to a consensus.
“We’re willing to concede things among ourselves and come together. There are winners and losers in there. Cove Rangers would not be moving out of the bottom league, for example, and it wasn't my first choice either, but there are times when you have to give.

 

[der Berliner 3,217]

Looks like 14-14-14 is not the bestest option available ...

 

https://twitter.com/KeltyHeartsFC/status/1255105600981282822/photo/1

 

or FB

 

Nice to see them swing the sporting-integrity-club after being handed a title not yet won ....

Edited April 28, 2020 by der Berliner

[Gaffer 1,665]

1 hour ago, der Berliner said:

Looks like 14-14-14 is not the bestest option available ...

 

https://twitter.com/KeltyHeartsFC/status/1255105600981282822/photo/1

 

or FB

 

Nice to see them swing the sporting-integrity-club after being handed a title not yet won ....

These clubs are pathetic with their hypocrisy.  Sporting integrity is now just a term people throw around as a blunt instrument in an attempt to strengthen their case or to demonstrate their impartiality.  Kelty have been handed a title they didn't win.  I didn't see sporting integrity in that press release.  Hypocrites!!!!

 

I am now sick and tired of all these diddy clubs being given air time.  They don't matter.  Most of the clubs don't matter.  We'd be better off with reconstruction, but my idea of reconstruction is something like two leagues of 16.  I hope and expect that this forthcoming financial crisis gives us that outcome as most of the others go to the wall.  That's just a fact of economic integrity.  I just hope our club is taking all necessary steps to ensure that we are one of the clubs still standing when the sh1t hits the fan later this year.  We are still the largest club in the country and if there's an ounce of integrity left in our game, the various stakeholders will start at least respecting the role our club plays up here.  I won't hold my breath, but the vote on the 12 May will be a good indicator.

[Gaffer 1,665]

I can't believe that statement from the SPFL.  These guys have just shot themselves in the foot.  That's just further evidence of attempted bullying and corruption.  I'm utterly flabbergasted that these people are on the board.  This is idiotic.

[ranger_syntax 3,750]

Titter.

 

You would find better punctuation, and grammar, in a fanzine.

[Gonzo79 13,541]

The SPFL are unintentionally transparent.