Lyrics & Knowledge Personal Pages Record Shop Auction Links Radio & Media Kids Membership Help
The Mudcat Cafesj



User Name Thread Name Subject Posted
Breandán Battle of Clontarf-round two/Comhaltas Interruptus (577* d) RE: Battle of Clontarf-round two/Comhaltas Interru 01 Apr 08


I don't like to wander too much into the land of legalese, but there are a couple of inaccuracies that I should point out in recent posts. The upshot being that while I don't personally like the fact that the branch was dissolved, the procedures followed were constitutional and democratic.

Firstly, Knight, I'm not sure where you got that particular procedure, but it certainly isn't found in the Comhaltas constitution (Bunreacht). That document actually doesn't provide any guidance at all as to what happens to a branch after it has been dissolved. And beyond providing for an appeal from the County to Provincial level, it also does not specify an appeal procedure for a dissolved branch. It does, however, make it clear that the high council (the ardchomhairle) is responsible for and has jurisdiction over the entire organisation in disciplinary matters. This is reasonable: the council is composed of 31 elected voluntary officers who are accountable to their home districts.

The relevant bit of the constitution is here:

"The CEC (ardchomhairle) shall be the supreme governing body of An Comhaltas from Annual Congress to Annual Congress and the sole and final authority to interpret the Rules and Constitution. Its jurisdiction shall extend over the whole Organisation in all matters of discipline as well as those that pertain to funds, investments and property of An Comhaltas. It shall carry out the proper exercise of this jurisdiction through its Trustees."

I personally would be happy to amend these rules to require that a) the branch is directly represented in the room during the discussion, and b) that there would be the provision for a separate grievance council responsible for resolving disputes, to which the dissolution could be appealed. However, those facilities are not in place in the constitution at the moment. I invite anyone interested to submit these amendments at the next Annual Congress, composed of representatives from all branches and councils.

Also, the new branch executive was properly convened according to the constitution, and has been accepted as such by the Dublin County Board. The relevant bit for the creation of a branch is here:

"A Branch of An Comhaltas may be established anywhere, provided that:
(a) Not less than five persons inform the County Board, or Provincial Council where no County Board exists, of their intention to establish a Branch, to support the Aims and Objects of An Comhaltas and abide by its Rules and Constitution;
(b) The necessary sanction for the establishment of a Branch has been obtained from the County Board or the Provincial Council as the case may be."

So while things have certainly not turned out the way I would have wanted things to happen, these procedures were legal according to the Comhaltas constitution. I'm still hoping for another resolution, one that perhaps involves some members of the former committee. This schism in Clontarf isn't good for either the branch nor the organisation, and I'd like to see a way to resolve things amicably.


Post to this Thread -

Back to the Main Forum Page

By clicking on the User Name, you will requery the forum for that user. You will see everything that he or she has posted with that Mudcat name.

By clicking on the Thread Name, you will be sent to the Forum on that thread as if you selected it from the main Mudcat Forum page.
   * Click on the linked number with * to view the thread split into pages (click "d" for chronologically descending).

By clicking on the Subject, you will also go to the thread as if you selected it from the original Forum page, but also go directly to that particular message.

By clicking on the Date (Posted), you will dig out every message posted that day.

Try it all, you will see.