Bad news for Australian HARS

Lightning · **Joined:** Fri Nov 05, 2004 7:06 pm **Posts:** 424

Howdy All

Saw this while I was looking at the Wings over New Zealand Aviation Forum Website

"Trouble is brewing for HARS"

Im pretty sure that 'Jungle Bob' was involved with HARS !

http://rnzaf.proboards.com/index.cgi?bo ... read=17126

Lightning

BAJ · **Joined:** Wed Jan 25, 2012 3:14 pm **Posts:** 126

Ooops

Phil Smythe · **Joined:** Sat Sep 22, 2012 4:49 pm **Posts:** 2

Hello

I found this site while googling further information on the current situation and felt it constructive to join and post this article from the local paper.

HARS is a wonderful collection of flying aircraft, and a great credit to the active volunteers who donate their time and energy to keep all the aircraft operational, but it doesnt belong to them alone, and the rest of the 450+ members far and wide are entitled to have the organisation operate in accordance with its constitution.

I also read Stewart Wilson's editorial in his Aero Magazine, and dont see anything wrong with it at all, he has in the past used his editorials, website and books and magazine articles to promote HARS, and if in this instance he is openly reporting the truth of his own situation and his own concerns, I cant see anything wrong with that.

Quote:
"Technically, the reason for this is our refusal to sign what we and others regard as an inappropriate and unacceptable code of conduct ... we refused because we believe it was illegal," Mr Wilson wrote

Surely the introduction of a "code of conduct" should first be approved by members or defined in the constitution, and a "code of conduct" should be aiming to improve the conduct of members and the organisation, not create a "Bitter Clash" with threats of legal action?

I like BAJ above, am a new poster here, but I'm not going to declare support for one side or the other, or decend into personal attacks on individuals, as he has done.

Perhaps BAJ would care to cut and paste a copy of the Code of Conduct (if he has it electronically), so others can see what is creating such concern?, and the debate can be based on the facts and concerns - not attacks on the people involved?

I am concerned at these developments and for the future of the Society.

Of course everyone involved in HARS has their own view of who is right and who is wrong, but in the end there are bigger issues at play than just who has done a lot for the place, as against doing things properly and by the book.

Its easy to simply enjoy getting your hands dirty and seeing the aircraft fly, as well as getting some rides yourself for personal satisfaction, but the issues being raised here go to the ethics and the future of the organisation itself.

I am aware of most of these issues myself, and the article below provides a balanced view of the current situation in my opinion.

Quote:

Bitter HARS clash goes public
ALEX ARNOLD Sept. 20, 2012,

An ugly split between members of the Illawarra-based Historical Aircraft Restoration Society has been revealed in a national aviation magazine.

HARS, which has more than 450 members, is based at Illawarra Regional Airport and its volunteers conduct the popular Wings Over Illawarra event with Shellharbour City Council, which draws thousands to the region each year.

The editorial, written by HARS member Stewart Wilson, appeared in the aviation magazine Aero Australia, which went on sale across Australia and New Zealand yesterday.

HARS president Bob De La Hunty said the organisation was seeking legal advice on the article.

"HARS lawyers have been made aware of the matter and that is all we are prepared to say at this stage," Mr De La Hunty said.

Under the headline "Kicked out of HARS?" Mr Wilson wrote that he and his wife, Wendy, had decided to take a stand because of what they considered to be a "cavalier" attitude to "the HARS constitution, the conduct of general meetings and so on".

"Technically, the reason for this is our refusal to sign what we and others regard as an inappropriate and unacceptable code of conduct ... we refused because we believe it was illegal," Mr Wilson wrote.

"Our story is just part of a much bigger picture and I'm sure it's at least in part due to our association with the others whom HARS also wants to see the back of," he claimed.

Mr Wilson wrote that a number of allegations had been made - not by him.

"These [involve] impropriety in areas such as financial reporting, record keeping, administration and legislative compliance," he wrote.

"It is important to note that none of these allegations have been proven yet."

According to Mr Wilson, one of the allegations - involving the falsification of documents by forging a former committee member's signature - has been investigated by the Department of Fair Trading and was to be referred to NSW Police.

A NSW Fair Trading spokesman said Fair Trading had received several complaints about the operations of the association.

"Fair Trading has raised some issues with the association's committee, where a possible breach of the legislation has been identified. The investigation is ongoing in relation to several of these issues."

Lake Illawarra police said they had been informed of allegations, but were not investigating the matter at this stage.

Mr Wilson told the Mercury yesterday that HARS was trying to expel about 10 members from the society.

http://www.illawarramercury.com.au/stor ... es-public/

regards

Philip Smythe

K5DH · **Posted:** Sat Sep 22, 2012 6:27 pm

HARS does indeed have some wonderful aircraft, especially the Connie! :heart:

I applaud all involved for doing a bang-up job there in Oz, tending to a great collection and keeping that Connie flying! (those who know me are aware of what a maniacal Connie fan I am)

However, I'd like to respectfully suggest that airing HARS' dirty laundry here on WIX might be a bit inappropriate? Perhaps it's a discussion that would be better served by keeping it within the family. I'm just sayin'.

By the way, is Tracey Smiley still involved with HARS? We used to correspond periodically, but I haven't heard from her in a while. If you know her, please pass on my regards.

shelldrake · **Posted:** Sun Sep 23, 2012 6:16 am

BAJ wrote:

Hi Guys....new member BAJ here.

My background is as a very committed member of HARS involved in both training and the workshop activities with extensive hands on experience with our flying and static aircraft.

And whilst many will say there are two sides to every storey ...I do know both sides in this case ....... and I together with every other HARS member Ive talked to have taken GREAT OFFENSE to what Mr Stewart Wilson has done.

Using his own AERO publication to push a personal vendetta.

It is an affront to the many honest week in week out hard working HARS members who have made HARS what it is .....a superb collection of flyable and static aircraft in a welcoming museum environment.

Though Mr Wilson calls himself a HARS member he is in fact most famous within HARS for his notable .....once a year VIP appearance at our Open Day.

Sadly, this is an inter-personal vendetta by a small core of people ....... I know all of them personally including Stewart and whilst fundamentally they are all decent people .....they seem to attract trouble.

You know the type .........those ex public service types who would argue over who gets the last biscuit because its just not fair that some one should miss out so they volunteer to eat it themselves on behalf of everybody else.

However, the reality is since they have left our organization...... the day to day operations of HARS have never run so well.

I together with many other HARS members frankly hope they don't come back !!!

Hi BAJ

you and I and a lot of other people know there is more going on that what you claim.

HARS has been slipping deeper and deeper into hot water for a few years now and its not

just because of Mr Wilson, perhaps he has good reason to want to distance himself.

We all know there are two sides to each story so when some of the others are ready to speak out

we can listen but I suspect they will wait until some of the allegations that have been made are

investigated first.

Phil Smythe · **Joined:** Sat Sep 22, 2012 4:49 pm **Posts:** 2

It seems clear HARS members are being denied membership renewals illegally.

The HARS constitution only permits members to be removed under either clause 4 or 10:

Code:

Cessation of membership

4. A person ceases to be a member of the Society if the person -
(a)   dies;
(b)   resigns that membership; or
(c)   is expelled from the Society or
(d)    is un-financial having not complied with Rule 8(1) and 8(2).

no mention of an obligation to sign a "Code of Conduct" as a condition of renewing membership?

Quote:

Disciplining of members

10. (1) Where the committee is of the opinion that a member of the Society –
(a) has persistently refused or neglected to comply with a provision or provisions of these rules; or
(b) has persistently and wilfully acted in a manner prejudicial to the interests of the Society.

the committee may, by resolution -
(c) expel the member from the Society; or
(d) suspend the member from membership of the Society for a specific period.

Where a member is expelled, the committee cannot simply reject their membership renewal and return the fees, the committee has to expel them in writing giving them reasons for their expulsion under the rules of the society, and the member has a right of appeal to present in front of the committee, (Rule 10 (4)) and a right of appeal in front of the full general membership at a General Meeting (Rule 11).

If those actions have not been followed then the Secretary, President and the Committee are in contempt of the Society rules.

Passing an amendment to the rules at the recent AGM doesnt make actions prior to the AGM legal.

The Committee can not add a requirement to holding membership that isnt contained in the rules.

Changing the rules of the society requires a special resolution to be passed by the members is General Meeting.

Quote:

Alteration of objects and rules

36.(1) The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of the Society.

A special resolution can only be voted on, if its been notified onto the business of a General Meeting (ie AGM) by formal notice to the members by 21 days of prior notice.

Quote:

Special resolution

30 A resolution of the Society is a special resolution if –

(a) it is passed by a majority which comprises not less than three-quarters of such members of the Society as, being entitled under these rules so to do, vote in person or by proxy at a general meeting of which not less than 21 days written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules;

It would seem from the public evidence that a number of HARS members have been denied their membership renewals prior to the AGM and prior to any possible legal right to do so.

There is certainly a case to be answered and I can see why NSW Fair Trading Dept would be receiving complaints against the administration of the Society under its NSW rules of association, and investigating those complaints.

regards

Philip Smythe

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