LEGAL ISSUES PUT COMMUNITY COUNCIL AGM ON HOLD
The on off saga concerning the annual general meeting of Mitchelstown Community Council continued this week as the chairman confirmed that there will be no AGM in March contrary to details that appeared in an advertisement in a recent edition of The Avondhu.
Mr Seamus Kilmartin speaking to The Avondhu said, “The announcement in The Avondhu advertising an AGM for March 30 was completely unauthorized. It is up to the members and directors of Mitchelstown Community Council Ltd., to call any AGM and, as yet, no meeting has taken place to call such an AGM.
Also, as a limited company, this AGM will be open only to members and directors of the company as is standard company law”, Mr Kilmartin said.
A meeting took place last week of members of the community council at which Mr Kilmartin said, “11 of the 14 members agreed that no AGM would take place in March because of legal issues that need to be resolved. So, the officers of the community council who put the advertisement in The Avondhu were not authorized to do so.”
Seamus Kilmartin could not expand on what these ‘legal issues’ are but said that Mitchelstown Community Council Ltd is a legal and separate company in law, and therefore company law procedures would need to be followed.
“Mitchelstown Community Council and Mitchelstown Community Council Ltd are two separate entities and must, under law, be treated as such,” Mr Kilmartin said.
On another matter, a member of the community council told The Avondhu that Mitchelstown Community Council Ltd has not adopted and is not connected to the Munitir na Tire constitution concerning community councils.
“We did get notification on Munitir headed paper announcing a Mitchelstown Community Council meeting but as far as the members are concerned no connection has been made between the council and Munitir na Tire,” he said.
“So to clarify, there is another meeting with our solicitor, Billy Fitzgibbon this week where he will outline the legal situation as it stands. There will be no AGM of Mitchelstown Community Council Ltd in March and any announcement of this AGM in The Avondhu was unauthorized".
"There will be an AGM in April if the legal issues are resolved. In The Avondhu last week it was suggested that notifying members of the community council of meeting by text was unusual. This is not true and members have been informed about meetings in this matter on numerous occasions,” the chairman said.
“Personally speaking I want the Mitchelstown Community Council to get back to what it was set up for and that is to work for the people of Mitchelstown,” Seamus Kilmartin concluded.
Friday 12th March 8:44am