Evidently, all is not well at Eastern Credit Union.
This was the statement made by Justice Frank Seepersad as he delivered judgment on Wednesday in a lawsuit brought by Gerard Matthews, a suspended director at Eastern Credit Union challenging the validity of the credit union’s election held in November.
Matthews pleaded that he along with others on the board raised concerns about the election’s nomination process but they were ignored by the executive.
These concerns were also raised by way of written complaints to the board, Supervisory Committee and Office of the Commissioner for Cooperatives.
Matthews’ nomination for the election was originally removed before being included as a candidate on the day of the election following a pre-action protocol letter by his attorneys.
“The position which was adopted prior to the election as it relates to the claimant’s ineligibility to serve as a director was ill-conceived, tenuous and possibly driven by ulterior motives. It appears that the said position was likely fashioned by personality clashes and driven by “political considerations” to manipulate the eligibility and electability criteria for the election of officers so as to exclude the claimant,” Seepersad said.
Seepersad said this type of “gerrymandering” has to be rejected and has no place in the exercise of the Co-operative’s electoral processes.
“Those who serve or wish to serve in elected capacities at the Eastern Credit Union need to ensure that the best interest of the members is prioritised above their ambition, insular agendas and personal goals. The society’s process should not have been manipulated to conveniently oust the Claimant and all officers of the Society must ensure that the objects and business of the society are discharged with efficiency, transparency, honesty, integrity and efficacy,” he stated.
“The defendant plays a fundamental role in this Republic’s financial landscape. Fortunately this society has not yet succumbed to this Republic’s infestation of institutional dysfunction but evidently all is not well at Eastern Credit Union. Urgent review of its governing mechanisms and processes is required and scrutiny by its membership and by the Commissioner of Co-operatives should be prioritised. A no tolerance approach to arbitrary or prejudicial decision making needs to be engaged and elected officials and the decisions effected by them should be reviewed with rigor and held up to the highest standards of transparency and accountability,” it stated.
Seepersad said Matthews’ removal as a director was patently flawed, null, void and of no effect.
As such Eastern has been ordered to pay Matthews $8272 “being the loss of the director’s stipend.”
“The nomination process which governed the 47th AGM was not flawed or illegal and there is no basis for the court to set aside the said elections, Seepersad stated as he dismissed Matthews’ case.
Eastern has to pay Matthews a quarter of the costs to be assessed by the court.
