Parramatta veteran Ben Smith ruled out of club elections
Date May 2, 2015
Daniel Lane
Former Parramatta player Ben Smith was ruled ineligible to run in the upcoming club elections because he was considered a paid employee of the organisation after working in an ambassadorial role at home games.
Smith was unavailable for comment on Saturday but Parramatta's head of communications Josh Drayton confirmed the veteran of 152 first grade games was advised he couldn't oppose the current board headed by Steve Sharp.
The decision means Smith, former Parramatta boss Denis Fitzgerald and suspended board member Lawrence Shepherd can't contest the elections.
"Under the NSW Registered Club's Act you can't run in an election if you receive paid work [from the club]," Drayton said of Smith's situation.
Smith's supporters said he'd received only a small amount of money for mixing with club sponsors in corporate boxes at home games this year and should be classed as a contractor, not an employee. They said he wasn't paid superannuation, holiday pay or other benefits associated with being employed by an organisation.
"[The Act] doesn't define how much it is or whether it is part-time or casual work," Drayton said. "The problem is he invoiced us on the 20th April. [It wasn't much money] not at all. This comes down to the conflict of interest in relation to influencing members, which is a huge section of the Registered Clubs Act ... if you're being paid by the entity you cannot influence members."
Drayton said even if Smith paid the money back he would still be not allowed to stand. "If he had declared and then nominated or resigned and nominated I think he may have been OK," he said. "He did not declare it when nominating and because he only resigned from the position [on Friday] he's unable to run."
Another former Eel, Mark Riddell, who is running on the Parramatta Professionals ticket was disappointed to hear his former teammate was ruled ineligible. "I'm disappointed to hear Ben is unable to run," he said.
Fitzgerald was banned from running because it was alleged he's in breach of the leagues club's constitution, which states an employee who's services were terminated by the club for misconduct can't stand.
Fitzgerald argued he was paid a redundancy when he left the club in 2009 and his deed of release did not mention he was guilty of misconduct. "I haven't given up the possibility of going to court," Fitzgerald said on Saturday.
Drayton confirmed Ray Price was prevented from standing for election three weeks ago because while he was made an honorary member in 2011 he was not "financial", a prerequisite under the Registered Club's Act for a member to stand.
