CMCA Elections 2017

[native pepper]

The company owns the adverts in it's publications, it's not a public magazine, but a corporate one. They can do what they like with it or whatever is in it and no one can stop them.....

If what you say is correct native pepper, would it not be incumbent on the publisher to inform advertisers beforehand that their advertisements could be amended by an employee of the company (the Club) without any reference/authorisation to the person/business placing the advertisement? Where are our legal eagles?

In my meager legal understanding of the corporations act and incorporated bodies acts, there is a difference between an ad for products or services from an external source and one for a board position from an internal Source. The board, or management would have to advise an external advertiser of the need to make a change to their ad, but a corporate shareholder, which is what those in CMCA are now, has to adhere to the boards standards when advertising their intent to run. The board can decide whenever and whatever those standards are and has no legal obligation to do otherwise. Plus there is a difference in the legal requirements of a publication which is available to all and one that is only available in house.

It's a bit like the difference between the CMCA forum and an open to all forum. CMCA is a closed forum, so can do what they like to a degree, whilst an open forum has to pass public scrutiny and is subject to public publishing standards.

Have pretty long experience in company boards and club committees. Currently secretary for one club, president of another, plus had my own company for over 40 years.

[Mrsjustgarbage]

I think members are entitled to some answers.

[BruceS]

Can those on the 'outside' please refrain from comments that are designed to stir the pot.
There is one person only who may have an issue with either the publisher or the CMCA.
Throwing comments about willy nilly is achieving nought.
We all remember how that ended with the original CMCA forum, then Doug's forum and finally with Rodney's Forum?
No! I won't explain further!
I have no problems with facts and figures .....
As far as a person's behaviour after nomination to be elected to the board .... CMCA have clearly defined do's & don'ts which they are aware of.

[Izabarack]

...... but if Candidate 3 has had his advertisement altered by the publisher under instructions from a third party then I would suspect the publishers actions could be unlawful.

Two issues present. The first is that a commercial contract exists. The taking of payment in anticipation of providing a service is a contract. If the artwork or graphic supplied was not reproduced exactly as offered, then the contract was not fulfilled to the expectation of the person who paid for the service. Who or what owns the vehicle that published the ad is not relevant as the contract takes precedence, in my understanding and experience of consumer law.

The more serious issue to be explored is that the material in the published ad is not that as approved by the candidate and as certified by the bit at the bottom of the ad. If the ad is not as supplied and approved and certified by the candidate, then one of those mobs with a lot of letters in their acronym might get involved because a false statement could be considered to have been published in the conduct of an election. I wonder what the implications might be if the candidate considers his chances in the election have been harmed by publishing of an unapproved version of his ad?

Iza

[Izabarack]

This the one JG ?

https://www.facebook.com/CMCA-Rick-Bany ... 029665605/

Thanks Lance. Hit count and likes are incrementing now.

Iza

[justgarbage]

The more serious issue to be explored is that the material in the published ad is not that as approved by the candidate and as certified by the bit at the bottom of the ad. If the ad is not as supplied and approved and certified by the candidate, then one of those mobs with a lot of letters in their acronym might get involved because a false statement could be considered to have been published in the conduct of an election. I wonder what the implications might be if the candidate considers his chances in the election have been harmed by publishing of an unapproved version of his ad?

Iza

A learned dissertation Iza.

[Izabarack]

I have no problems with facts .........

Not all are trying to stir the pot, Bruce. How do you feel about a copy of the original artwork for the ad in discussion and a copy of the original text of Candidate 3's answers to member's questions? Who owns the copyright? Would this forum be in the danger faced by some before?

Maybe the thread should disappear, except for the original post.

Iza

[BruceS]

I think the message has already gotten through by now.
Maybe we just leave it up to Rick for a little while and see what happens? Is that OK by you?
In the meantime discussions between us moderators is ongoing.
Some are in isolated areas so it might take a while to get their views.
I won't lock the thread like some forums do. (yet!)

[justgarbage]

Thank you Bruce and hopefully we will hear from Rick shortly.

[Bigfeller]

I am candidate 3. Rick Banyard and am prepared to confirm that there has been some issues that to me are impacting on my campaign. One is that my advertisement was not published in the Wanderer in the format that I approved. I believe that I have a contract with the media company that produces the Wanderer.
Whilst this is an in house journal it is also distributed widely to the public.
I logged my advertisement in its original format with the returning officer at the time lodging my nomination that was accepted.
The advertisement also contains and endorsement statement.

As a dynamic person who kicks goals by thinking outside the square I approached this election in a non traditional way.
Despite the setback I am aiming for a great finish.
The way to help me get over the line is to place your vote and encourage all voters to place a vote.
A big voter turnout would be great for the CMCA.
I will add further comments when I am in a position to do so.
Rick Banyard
Ready, Capable and Willing