KTB

The notice says: As per article 3, 15 (3)of the updated constitution the attached list of club members are requisitioning the board to call a special meeting to discuss the rationale for not renewing (name) restaurant contract for 2021 and to reconsider renewing the contract for 2021. it goes onto list reasons why the members representing the people who signed the petition feel the contract should be renewed. Truthfully, the relationship between the contractor and the board of directors deteriorated much earlier on in the year. According to the contract, 1. This agreement may be terminated by either the club or the operator giving the other party 90 days written notice. Notice will not be given between March 1 to August 31. 2. This agreement may be Terminated by the club without notice if there is just cause for immediate dismissal. This agreement may be terminated by the club without notice in the event of the operator having a long or protracted illness, or in the opinion of the Board of Directors has an unwarranted lengthy absence. There are many aspects of the contract between the operator and the club that the operator has not lived up to. There have also been many threats by the operator to sue the club and the board members directly. There have been sudden closures that have not been approved by the board of directors as per the contract. The list goes on and on. The operator refuses to communicate anything to the Board and the contract has become a joke. The board of directors sought legal counsel regarding the matter and received advice from counsel stating the best way to end the relationship with the contractor was to give 90 days notice rather than dismiss with cause. The attorney felt we had just cause but to avoid a lawsuit 90 days notice seemed to be in the best interest of the club. Since notice was given, and the notice of special meeting was presented to the board of directors, the contractor is in direct violation of the contract in many areas. The board wishes to stick to our original reason, being that The current business model isn’t working and continue to take the highroad. With all of this in mind, it is fascinating and beyond comprehension that the board can be forced to rehire and re-negotiate a contract for 2021 with a contractor that is so toxic for the club.

I don’t know if this has any bearing or not; but, most of the signatures on the petition for the special meeting were solicited by the contractor and/or one of the contractor’s employees.

Upcoming special meeting is with the membership

“ The board of directors shall be responsible for the operation of the club. The Board and Membership are governed by the club constitution and bylaws.” The decision was made by the board in camera at a board meeting in July. It is not in the regular minutes that the membership receives because notice couldn’t be given to the contractor until September. The board didn’t think it was prudent to publish in the minutes for that reason. The board doesn’t feel that the specific details regarding its decision to terminate the contract and not renew should be made public to the membership. The board feels they are a matter of privacy as well as the contractor’s reputation. The board made a unanimous business decision which they feel was in the best interest of the club. The board remains steadfast in their decision and is wondering if a vote of confidence might be the only resolution if they (the board) are unwilling to renew a contract with the contractor in question. If the board, in fact, is forced to rehire and or renegotiate with this contractor, then does it not potentially bring into question and possibly debate, every single business decision the board makes? This could make serving on A board of directors as a volunteer a very undesirable thing to do.

The decision was made in July, carried out according to the contract in September, and the petition and notice of special meeting was received in late October.

The Board of Directors shall have the power, from time to time to appoint and dismiss a club professional, a greens superintendent, and such other staff as required, and to prescribe their respective powers and duties and to fix the amount of their salaries. Such appointments and salaries are to be reviewed annually.

Our Board terminated a contract in keeping with the Constitution and Bylaws of our Society, according to our policies and within the parameters of the contract itself. The constitution states that the Board is responsible for the running of the society and the policy book grants the Board the power to hire and dismiss employees and contractors. The contractor was notified by legal letter. There is a call for a special meeting and a motion is put forward to require the board to rescind its decision and renew the contract for another year. Is this motion out of order?