It's unlikely that this month's annual general meeting (AGM) and the election of officers of the T&T Cycling Federation (TTCF) will go on as planned.
The constitution of the does not permit the election of officers via an electronic platform and voting shall be by secret ballot. On Tuesday Guardian Media Sports was pointed to a number of articles that range from - 'Voting shall be by secret ballot' as stated in article 14.2.4, to the requirements of amending the constitution if elections can take place virtually in the midst of the current corona (COVID-19) pandemic which has affected sports in all form and fashion.
Incumbent president Joseph Roberts, who will be challenged for the leadership of the organisation by his racing secretary Rowena Williams on January 30, said he has been seeking legal advice to ensure the election goes on legitimately.
However, a review of the constitution shown that in addition to the secret ballot process that is required, the constitution also prohibits electronic meetings for AGMs.
This type of gathering/meeting has been made specific to council meetings only. Meanwhile, article (13.4) also points to a 21-day period to amend the constitution if the membership is in favour to allow for the AGM to be held via the digital platform.
According to article (13.4): "Members may give notice of intention to introduce special business. Notice of intention to introduce any special business at the annual general meeting shall be given to the secretary at least twenty-one (21) days before the annual general meeting. Such notice shall be signed by the proposer and seconder if, from a club, the seconder shall not be from the same club and such notice shall be sent by the secretary to all members at least fourteen (14) days before the annual general meeting."
Roberts has since scheduled a meeting for Thursday for further discussion with his members. He said: "The clubs did raise an issue moving forward and currently the general secretary is in discussion with the attorney who assisted us in developing the constitution. So on Thursday, I am having a meeting with the executive and based on the conversation that is had, we will chart a way forward. We are obligated and will follow the dictates of the constitution."
Roberts also promised to deal with other flaws in the constitution if he is elected as president for a second time.
“In the constitution, there are things that we need to address urgently. That is just one of many things that need to be addressed. Another thing we need to address is finance and the finance policy, accountability, code of ethics for individuals who are functioning in the organisation. What governs their behaviour and how they should conduct themselves as executives of the organization and members of the organisation. So there are some gaps in the constitution, which, at least under my tenure, I intend to close those gaps and build on the governance structure of the organization.”
Meanwhile, Roberts also responded to a call by cyclist Njisane Phillip for an apology from him and his racing committee member Joel Browne for the TTCF taking legal action against him (Phillip) and his stepfather Philip Whiteman.
Both Njisane and his stepdad, through their attorneys Jagdeo Singh and Kristy Mohan, sent letters to the cycling president and his executive member which claimed they were not authorized to bring legal action against them.
Roberts responded by saying: “We have sent that to our attorneys to address that matter. At the end of the day, one can look at a lot of loopholes but the substantiative issue remains the same and our attorney will be addressing that matter."