FACT:

The VRC Board has been served with a 5 page document from a law firm specializing in not-for-profit law and retained by concerned VRC members. In this document, there is specific and irrefutable detail outlining the numerous violations of the Societies Act and VRC Bylaws committed by the Executive Committee of the VRC Board who have autonomously acted and subsequently implicated the entire VRC Board of Directors.

These violations relate directly to the management of the VRC's money and how it is spent.

MISTRUTH:

Directors claim that they have legal advice that everything they are doing is correct.

FACT:

No formal, written opinion from the VRC's lawyers have supported these Directors' claims. A lawyer's verbal advice is not valid on issues of this magnitude. Only a written opinion has credibility, as the lawyer knows it may be used against him/her if they are in any way incorrect.

FACT:

Notice of concern of these violations had been presented to the Board in February of 2023 in a Board meeting with all members present by an expert in the governance of not-for- profit organizations.

FACT:

The Executive Committee of the Board has taken no action to comply with BC law (Societies Act) or the VRC Bylaws on these matters. There has been no meaningful attempt to earnestly listen, empathize, resolve, or collaborate, to resolve these serious issues.

FACT

The VRC makes over $1,000,000 in revenues per year. We have over $1,300,000 in the bank. Managing the members' money should not be something taken lightly with an attitude of "oh we are just volunteers", as there is a fundamental fiduciary duty to behave seriously in accordance with the law. The actions of this Executive Committee have had, and continue to have, a negative effect on access to badminton court time. The Executive Committee has also exposed the VRC, its Board of Directors, and all club members to huge financial liability. There is a $200,000+ wrongful dismissal lawsuit as a result of the Executive Committee's actions, and over $150,000 paid to employees in contravention of BC law and the VRC Bylaws.

FACT:

The VRC has only a month-to-month lease since this was not competently managed TWO YEARS AGO when a new lease should have been negotiated. We could lose our right to be in the City's building with as little as 30 day's notice.

FACT:

The Board of Directors have discussed in a Board meeting that in the event that the building lease is terminated that there is enough money in the bank to refund all members' fees. In the event of this bankruptcy, How can a Board even be considering this??? This is gross mismanagement on behalf of all VRC members.

WHO IS RESPONSIBLE?

1. The President, Chamkaur Cheema, (chairs meetings, adjudicates voting, directly supervises the Executive Director and is MORALLY, LEGALLY, AND ETHICALLY the only one responsible as the leader of the not for profit):
   1. Withheld vital information regarding the $200,000+ lawsuit from the previous Badminton Head Pro from all other Board members except the Executive Committee members.
      1. The lawsuit has a face value of over $200,000 and could be easily dismissed and likely would be if the entire Board could hold a vote with all of the information.
   2. Allowed unauthorized payments totaling over $150,000 to two key employees, (the Executive Director and the Head Coach of Badminton Services) since January, 2023.
      1. Knew that these two employees had "contracts" that have never been approved by the Board - in violation of BC law.
      2. Knew that the two "contracts" are not signed in accordance with the VRC Bylaws or BC law. No one had authority to hire either of these people.
   3. Knew that the VRC had not renegotiated the lease with the City, yet he continues to authorize the sale of annual memberships when the VRC is now on a precarious month-to-month lease - for the first time in the VRC's history.
   4. Allowed the Executive Director to continue to function despite all of her actions disrespecting members and Board members (ignoring emails from members, withholding vital contract information from Board members). Even after receiving the petition signed by over 200 VRC members expressing their dissatisfaction with the Executive Director, no apparent remedial action has been taken
   5. Had the most resignations of Board members occur while under his tenure in the history of the VRC - 3 Directors have resigned to date.
   6. Put all Board Directors in a position of financial liability because of his authorization of payments to the two key employees in violation of the BC law and the VRC Bylaws.
   7. 1. If general members were to take issue with these funds being disbursed without any approvals by the Board, ALL BOARD MEMBERS would be personally financially liable to repay funds to the Club.
2. The Vice President of the Board, Olivia Chang, continues to be responsible with the Executive Director for negotiating a new lease for the VRC.
   1. For the first time in the VRC's history, we are in a month-to-month lease and could be given 30 day's notice to leave at any time.
   2. Was derelict in her duty over the last two years to get a new lease signed fully knowing it expired in November of 2023.
      1. Now, the VRC has only a month-to-month lease agreement for the first time in its history! Members pay an annual fee but we could be evicted at any time according to experts in the field of leases. The City of Vancouver will control our lease later in 2024 or early in 2025 (not the Parks Board) and could quite easily ask for significant changes or if we are unwilling, could terminate our lease. And with Pickleball’s growing popularity, the City may demand some of the badminton court time be used for Pickleball. The VRC does not own the land or building.
   3. She is a member of the Vancouver Lawn and Tennis Club and has been on their Board of Directors Badminton Committee overseeing all things badminton including membership for the past several years.
      1. She is in a huge position of conflict of interest according to BC law.
         1. Is she really acting for the VRC? If the VRC loses its lease, where will many members go? Quite possibly to the VLTC, which has a lower than desired Badminton membership!!
3. The current VRC Treasurer, Sarah MacKinnon, (who signs pay cheques and oversees club finances) acted without any authority and has put the Club at great risk because:
   1. In violation of VRC Bylaws, in 2021-2022, without any Board vote or approval, as a "Director at Large" not as an officer and not with another officer of the Board as specifically prescribed in the VRC Bylaws, she entered into and signed a supposed contract "hiring" the current VRC Executive Director.
      1. The ED's contract is very one-sided in favor of the ED, with a salary of $95,000/year, a 10% bonus without any performance obligations on her part, allowing for flexibility in her work schedule "as required", and no end date for the contract...it is perpetual.
      2. VRC Bylaws state clearly that any contract must be signed by two people, either two officers of the Board, or one officer and the ED. She was not an officer of the Board when she signed it she was simply a Director at Large, and the supposed "contract" clearly indicates her specific position on the Board.
      3. Given her professional background, Sarah should have been aware that under BC law she could not unilaterally hire, then sign a $100,000+ contract and bind the VRC to an Executive Director?

THE SOLUTION:

We must have a club that follows the laws and regulations that govern not-for-profit organizations.

In light of the above egregious violations of BC law and the VRC's Bylaws, we, the concerned VRC members are calling for all three of the Executive Committee Board members, President, Vice President and Treasurer to step aside from the Board. Their actions have been and continue to be clearly contrary to the best interests of the VRC and has tarnished it reputation Canada-wide. The President and the Treasurer have violated the VRC's Bylaws and the BC Societies Act which is the governing law for all not-for-profit organizations. The Vice Chair has been seriously derelict in her duty to negotiate a new lease with the City of Vancouver and further, because of her serious conflict of interest, cannot be trusted to be acting in the best interests of the VRC.

By signing this petition, we will let these three Board members know that they must step away from the Board and let others fix the huge errors they are responsible for.