PRESIDENT’S MESSAGE JUNE 2009

The Extraordinary General Meeting held on 10 June voted decisively to change the Constitution to allow for two types of member in future, being Ordinary Member and Associate Member, each of which shall have voting rights but only the former having exhibiting rights. Argument was made in terms of simplicity, equity, difficulty of agreeing any alternative, practicality, and legal advice that all paying members should have a vote. Brief mention was made of some tax advice on the tax deductibility of donations to the organisation: an extract is included in this newsletter. The Constitution clauses advocated by the Department of Consumer Affairs were adopted decisively.

This dry beginning to the evening was relieved by Andrew Barcham’s slides on indoor and outdoor photography of sculptures using a variety of beautiful lighting effects.

Some Committee changes have been made this last week with John Bishop becoming an Ordinary Member on the Committee, Michael Meszaros becoming Vice-President, and myself becoming President (rather than Acting President). Patrick has agreed to be Acting Secretary for the AGM.

Some of you may have noticed the withdrawal of some editorial comments from the last newsletter, with a cross-reference to a web site blog. The Committee felt that the comments would be confusing to members in view of the tie on preferences on the membership clause previously expressed by members in May, and the Committee’s extensive deliberations and recommendation.

You are urged to send views on any resolutions for the AGM to the Committee by July 1 in order that the AGM Agenda can be firmed up for a detailed notice to members.

Patrick has sent out membership renewals for the 2009-2010 year, with the help of Jenny and Ronit. Please consider the Committee and other positions to be filled for the 2009-2010 year.
In view of the shortage of volunteers for key positions we are reviewing the employment by the ASV of selected paid professionals in future, at our next Committee meeting. If you have particular recommendations in this regard please advise Patrick as Acting Secretary.

Geoff Williams
President

ASV Diary Dates

Meetings are held in the Boroondara Community Arts Room, rear 360 Burwood Road, Hawthorn and start at 7:30pm.

Annual Subscription
Renewals 30th June

Monthly Meeting 8th July
Lise Toft, Valda Cuming and Suzanne Kaldor will talk about their experiences including working and workshops overseas.

The ASV Annual Exhibition runs from 15 July to 31st July.
Opening and presentations: 6pm Wednesday 15th July 2009

Tesselaar Sculpture
Exhibition 2009
An Application Form and the Terms and Conditions can be downloaded from the ASV website on
www.sculptorsvictoria.asn.au/tesselaar_2009_application.pdf and
www.sculptorsvictoria.asn.au/tesselaar_2009_conditions.pdf
Closing date for entries is Friday, 17 July 2009

Monthly Meeting 12th August
This will be our Annual General Meeting. Additional nomination forms can be downloaded from www.sculptorsvictoria.asn.au/nomination2009.pdf. The meeting will be followed by a talk by a tax advisor - seriously not to be missed.

19th September
Watch for further information - Graeme Wilkie has invited us to Qdos Gallery in Lorne - car pooling will be arranged.

Tesselaar Sculpture Exhibition
16th September to 13th October

Summary of Minutes of Extraordinary General Meeting 10 June 2009

Geoff Williams Acting President took the chair at 7.30 pm, and established that a quorum existed.
Patrick Culshaw (acting Secretary) advised the meeting there were 123 financial members as at 10/6/09. Also, that he had received 26 proxies for the meeting
The chairman explained that only items on the agenda could be considered at a Special General Meeting.
Motion 1 was a procedural motion allowing the meeting to take all the membership change clauses together. The motion was proposed by Michael Meszaros, and was carried 35 for, 5 against.
Motion 2 was the substantive motion dealing with the change of membership clauses. It was proposed by Michael Meszaros and was carried 37 for, 2 against, with one abstention. The change established two classes of members, Ordinary and Associate, with both able to vote and only the former able to exhibit works.
Motion 3 was a procedural motion allowing the meeting to take all changes to the constitution required by Consumer Affairs together. It was proposed by Michael Meszaros, and was carried 40 for, and nil against, with one abstention.
Motion 4 was an omnibus motion including clauses required to be included in our constitution by the Dept of Consumer Affairs. It was proposed Michael Meszaros, and was carried 37 for, 2 against, with one abstention
The meeting closed at 8.00pm

Summary Minutes of Committee Meetings

ASV COMMITTEE MEETING
28th APRIL 2009.

Election of Secretary
Geoff Williams was appointed as Secretary following the resignation of Leon Frankcom

Membership Clause for Constitution.
The Committee discussed the correspondence from John Bishop summarising member votes on the preferred membership clause to submit to an Extraordinary General Meeting (EGM). Patrick advised the Committee that there was one additional vote that had been sent to him in error, instead of to John Bishop. The Committee agreed that this additional vote should be taken into account, and the result treated as a tie between the numbers preferring alternatives A and B.
After considerable discussion it was agreed that parts of both Proposal A and B were to be used to form a resolution for members at an EGM, with Associate Members having voting rights, but no exhibiting rights.

Swinburne University Web Site Project.
The Committee discussed the correspondence with Swinburne University, and it was agreed to follow up with Jenny and David

Ola Cohn Centre.
The Committee discussed the use of Ola Cohn Centre. Michael observed that the ASV case had been weakened by there being no mention in the Ola Cohn will, although Women Printers and Sculptors were mentioned, and the centre was left in the guardianship of the CAE. He stated the ASV members had contributed significant service in restoring her works. A CAE offer of Friday nights for meetings was not practicable due the difficulty of parking on a football match night. The Committee agreed an alternative to Hawthorn was necessary for meetings.

Treasurer’s Report
The Treasurer presented accounts to 30 April 2009.

Annual Exhibition.
Marija reported an advertisement had been placed in the National Gallery of Victoria magazine; the exhibition will run July 15 to 31, with the opening booked for 6.00 pm to 8.00 pm on Wednesday 15 July.


Personnel:
Marija reported contact with a commercial service group, to be followed up.
It was agreed that Leon’s suggestion of a ring around members be deferred to next year’s Committee.
It was agreed that some positions may be taken by country members, and in particular the membership officer, newsletter editor, and service and supplies director.


Extraordinary General Meeting
A date of Wednesday 10 June was agreed to (a) vote on the change in membership clause in the Constitution, in accord with voting preferences expressed by members; (b) vote on including the deeming clauses required by Consumer Affairs.
Annual General Meeting
A date of Wednesday 12 August at 7.30 pm was agreed for the AGM, at Hawthorn.


ASV COMMITTEE AGREEMENT BY EMAIL 17 JUNE 2009
It was unanimously agreed that Geoff Williams relinquished positions as Acting President and Vice-President and was appointed President; Michael Meszaros relinquished position of Ordinary Member on the Committee and was appointed Vice-President; John Bishop was appointed Ordinary Member of the Committee. Further, it was agreed that Patrick Culshaw would act as Secretary at the coming Annual General Meeting on 12 August.
The appointments were made pursuant to clauses 6(6), 6(9) and 12(1) of the Constitution and continue until the AGM on August 12.

Extracts Tax Advice 14 May 2009

The following is a short extract from an email of tax advice from Webb Martin Consulting, taxation agents and advisors, to Geoff Williams, on 14 May 2009. Copy is available from any Committee member.

Endorsement as a deductible gift recipient (DGR)
The Tax Office has endorsed the Trust Account of the Association as a DGR, on the basis that the Trust Account is a public fund on the Register of Cultural Organisations (the Register).
Will the changes to the membership of the Association affect its deductible gift recipient status?
As the Association has been endorsed as a DGR for the operation of the Trust Account as a public fund on the Register, it is obliged to self-assess its entitlement to DGR status. In our view, both the past and proposed changes to the constitution of the Association in relation to the membership clause should not affect any of the criteria for eligibility for DGR status (of the fund) as described above. Here, we have assumed that the principal purpose of the Association remains as the promotion of a visual art/craft (i.e. the promotion of sculpture).

Is the Association validly entitled to endorsement as a DGR?
The principal purpose of the Association is therefore critical to the DGR status of the Trust Account. In the event that the activities of the Association are such that its principal purpose is the advancement of members interests (and not the promotion or advancement of sculpture), then the Association would not meet the requirements for listing on the Register. In this case, the Trust Account would also not be operated for the principle purpose of the promotion of sculpture. This would mean that the Associations Trust Account would not be entitled to DGR status.
The Association must also meet the conditions for maintaining a gift fund. For example, a separate bank account is required for a public fund.