A COMPLAINT ABOUT THE ELECTIONS

[Philip Benstead]

DEAR ALL CTC/CUK MEMBERS
Please read the text below. I would welcome your support.
A word version of this email is available at drobox
https://www.dropbox.com/s/adkj2ed2ocqb1 ... .docx?dl=0


If you wish to support me or submit your own compliant please contact the following:
Michelle Barber
Electoral Reform Services
michelle.barber@electoralreform.co.uk

Mr Dan Howard
Chair - Nominations Committee,
Cycling UK (trading name of Cyclists’ Touring Club (CTC),
Registered Office: Parklands,
Railton Road, Guildford,
Surrey, GU2 9JX
dan.howard@cyclinguk.org
david.cox@cyclinguk.org
paul.tuohy@cyclinguk.org

MANY THANKS
TO
Mr Dan Howard
Chair - Nominations Committee,
Cycling UK (trading name of Cyclists’ Touring Club (CTC),
Registered Office: Parklands,
Railton Road, Guildford,
Surrey, GU2 9JX
FROM
Mr Philip Benstead
19 Greencoat Mansions,
Greencoat Row,
London, SW1P 1PG
dan.howard@cyclinguk.org
david.cox@cyclinguk.org
paul.tuohy@cyclinguk.org
0794 980 1698
philipbenstead1@gmail.com



Thursday, 29 September 2016
SELECTION PROCESS FOR ELECTION TRUSTEESHIP
A FORMAL COMPLAINT - SECTION 5 - PROCEDURE FOR COMPLAINTS AGAINST COUNCILLORS

Dear Mr Dan Howard

Please accept this updated version of my formal complaint.

I wish to make a formal complaint against the NOMINATIONS COMMITTEE in the execution of their duties of processing the application for trusteeship of the Cycling UK (is a trading name of Cyclists’ Touring Club (CTC) a company limited by guarantee, registered in England no: 25185. Registered as a charity in England and Wales charity no: 1147607 and in Scotland charity no: sco42541).

Members in this complaint refers to individuals who are full paid-up members of the organisation whose trading name is CYCLING UK.

My complaint is as follows, comprising five parts;

1. That NOMINATIONS COMMITTEE failed to follow the guidelines laid down in the Governance Working Group - Report and Recommendations - provided at the AGM 2016, voted on by CYCLING UK members and passed.
The Guidelines State “All candidates shall be entitled to stand for election should they wish following receipt of their statement. The election material will note what statement has been applied to each candidate”

2. That NOMINATIONS COMMITTEE failed to follow to the letter the requirements of the motion below that was passed at the AGM 2016.
“Elections to Council This AGM proposes that candidates must have been fully paid-up members for least a year prior to the closing date for nominations. Candidates shall state on their election address the date they joined CTC and length of time as members.”

I understand that:
• Six individuals have been selected to stand for election as trustee who have not been members for at least one year, which means they do not meet the criteria and hence it is not valid to select them.

• Non endorsed nominees have not been permitted to stand for election, and hence the selection process is not valid.

3. That NOMINATIONS COMMITTEE failed to follow the requirements of Governance Working Group - Report and Recommendations - appendix 6 (terms of reference and other governance papers) - Terms of reference nominations committee.
Process of recruiting external appointments to the CTC Board
That States All recommendations made by the Nominations Committee are subject to final approval by the board.

4. That NOMINATIONS COMMITTEE failed to follow the requirements of the Memorandum of Association of the Cyclists’ Touring Club as amended by the AGM on 12 May 2012 - 7 PROCEEDINGS OF THE COUNCIL
7.1 State ……Five or one third of the Council, whichever is the greater, shall form a quorum.
http://www.cyclinguk.org/sites/default/ ... ay2012.pdf

5. That NOMINATIONS COMMITTEE failed to follow the requirements laid down in the ORDERS IN COUNCIL and STANDING ORDERS as at 12th May, 2004
That States 6 c Each member of the Club shall have one vote, which is to be cast by showing an order of preference between the candidates, with the most preferred candidate being numbered ‘1’, the next ‘2’, and so on until the member has no further preference between the candidates.

Even though par 6c was delete at the AGM 2016 there was no provision for replacement accordingly that provision for the method voting should stand.

WHAT DO I WANT TO HAPPEN?
• That the selection process is restarted and that it conforms to the above requirement.

COMMENT
An impartial observer may contend that the NOMINATIONS COMMITTEE are open to a charge of electoral maladministration.
If the NOMINATIONS COMMITTEE proceed with this course of action they are in danger of bringing the Cycling UK into the area of reputational risk.

I understand that you are required to respond formally to my complaint.
Yours sincerely

PHILIP BENSTEAD
MEMBERSHIP NUMBER 208840 

GOVERNANCE WORKING GROUP - REPORT AND RECOMMENDATIONS
Process for ensuring members wishing to stand for election to a trustee role on the CTC board meet the agreed person specification
The Nomination Committee shall recommend a Job Description, Person Specification, board skills mix and diversity analysis to the Board. The board is responsible for final approval. All members wishing to stand for election as a trustee shall be invited to submit an application to the Nominations Committee to demonstrate how they meet the person specification.
If the Nominations Committee feel they need further assurance around a candidate’s suitability they may choose to invite the candidate to take part in an interview, either face to face, telephone or visual electronic media.
The Nominations will provide a statement on each individual candidate stating whether:
• The candidate meets the person specification, is fully competent to carry out the trustee role and would complement the skill mix on the Board • The candidate meets the person specification and is fully competent to carry out the trustee role • The committee has no recommendation to make on the candidate
• The candidate does not meet the person specification and is not recommended for election
All candidates shall be entitled to stand for election should they wish following receipt of their statement. The election material will note what statement has been applied to each candidate.

[Philip Benstead]

See I have resubmitted with updates

[Philip Benstead]

Cycling UK - Your complaint relating to the handling of current election process for Trustees

Dear Philip

I am writing to let you know how your recent complaint will be considered.

A panel of two Trustees has been set up comprising Gwenda Owen and myself to investigate the complaint and in due course respond to you with our decision. Neither of us was involved with the Nominations Committee when making its assessment of potential candidates or with the decisions it reached on the process for the election.

We will contact you if in the course of the investigation if we feel we need to clarify any points.

We will be investigating your complaint in tandem with another which in part is along similar lines. We estimate that it will take us about two weeks to reach an outcome.

Kind regards

Martin Cockersole