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http://www.smh.com.au/rugby-league/...itch-grab-for-vote-rights-20100806-11oju.html
QRL in last-ditch grab for vote rights
BRAD WALTER
August 7, 2010
QUEENSLAND officials are again pushing for themselves and the NSWRL to have eight votes each on the independent commission - the same as the 16 NRL clubs combined.
However, the move is widely viewed as a face-saving exercise as it would create a perception the QRL and NSWRL had gained additional power without actually increasing the ability of the two states to influence decisions on the new body, which is due to be operational by November 1.
According to a ''compromise'' model for the independent commission put forward by QRL directors Terry Mackenroth and Bruce Hatcher at a meeting last Friday with News Ltd legal affairs manager Ian Philip, there would now be 40 votes - eight each for the QRL and NSWRL, 16 for the NRL clubs and one each for the eight commissioners.
To effect any change to the constitution would require 75 per cent support or 30 votes - meaning the 16 clubs could not do so without the backing of at least one of the state bodies. But under the proposal already widely agreed upon by the ARL, News Ltd and representatives of the clubs, 14 of the clubs and either the NSWRL or QRL - or both - must be in agreement before any constitutional change can be effected.
Put simply, the NSWRL and QRL have the power to block any changes to the constitution by siding together - regardless of whether they have one vote each or a combined 16 votes.
While much of the focus in negotiations for the independent commission has been on voting rights for the various parties involved, they will rarely get the opportunity to use them as the clubs and leagues can only remove commissioners, and will have no formal say in electing them.
As with most publicly listed companies, the commissioners will make any new appointment to the commission.
To ensure there is widespread consultation before such decisions are made, 14 of the 26 votes - one each for the 16 clubs, NSWRL, QRL and eight commissioners - are all that is needed to sack a commissioner. Such dramatic action has occurred only once in the 25 years since an independent commission took over the running of the AFL, but those involved in the league negotiations believe Australian football's requirement for 75 per cent of the vote to remove a commissioner is open to legal challenge as under the corporations act a simple majority is all that is needed.
Clubs in the AFL, English Premier League football and US Major League Baseball are all involved in electing their commissioners but it is felt that by leaving it to the existing NRL commissioners to replace any colleagues would prevent lobbying by the various parties for candidates they believe would be sympathetic to them.
Such a move is designed to ensure the commissioners are ''truly independent'', and the ability for 14 of the 16 clubs to sack a commissioner by voting together should guarantee no appointments are made that are unacceptable to them.
The Herald has also been told that the clubs would be ''consulted'' on the appointment of the initial eight commissioners, after a meeting of club chairmen on Wednesday raised concerns that they were being handpicked by News Ltd and the ARL, which each make four nominations that can be vetoed by the other party.
The chairmen demanded the clubs have ''direct input'' into the appointment of the inaugural commissioners but the Herald was told News Ltd and the ARL would not want to install commissioners only for them to be removed by the new independent body.
The independent commission:
● News Ltd and ARL to hand over to Independent Commission on November 1
● New body comprises eight commissioners, with no ties to clubs, leagues or News Ltd for 3 years.
● Inaugaral commissioners appointed by News Ltd and ARL.
● Commissioners then to choose replacements after term expires.
● Clubs and NSWRL/QRL cannot appoint commissioners, only remove them.
● 14 of 26 votes (one each for 16 clubs, NSWRL, QRL and 8 commissioners) to sack a commissioner.
● NSWRL and QRL can block any constitutional change by voting together.