CONFIDENTIAL
Mr R Luyken
Polbain House
Achiltibuie
Ross-shire
IV26 2YW
RECORDED DELIVERY, Date; as per postmark.
Dear Mr Luyken,
cc the Company Secretary
The draft minutes of the meeting of the members of the Board of This Company held on the 29th of November 2004 in the Coigach Community Hall Achiltibuie...
I refer to the above-mentioned minutes, the Secretaries accompanying e-mail and in particular to your interruption of the proceedings that resulted in the meeting being suspended for 45 minutes at that time, and your conduct during the rest of the meeting viz;
(Article 39 of the Memorandum and Articles of association of The Coigeach Community Company). In your agreement with the Company, form 288a, you recorded your profession as Journalist. At four separate meetings of the Company, three of the Board and one general meeting you were asked if you wished to declare a personal interest, on each occasion you refused. Your’ well-known article WAR IN PARADISE, a critical report on the Island of Eigg Trust published under your by-line in a National newspaper Die Zeit on the 13th of June 2003 would appear to contradict your claim of having no personal interest in Community Buyouts.
At the start of the business of the meeting the Chairman proposed that Mrs A M Hitchings be appointed Vice Chair and the proposal was seconded by Mr D Garrett. Before the lady could voice her reply, you interjected with a demand that she be appointed Chair Person, much to her embarrassment. From that point, your conduct was so disruptive and disrespectful that the meeting had to be adjourned. One member of the Board left the meeting in disgust because he judged that you had come prepared to disrupt the meeting when he noticed that you were reading from a prepared statement. You have been reported as having often acted in this fashion, (attempting to depose the chairperson), at other Community meetings.
During the discussion of important business on the meeting agenda, you encouraged a close associate of yours and a fellow Director of this Company to consume and offer for consumption in the meeting room, strong alcoholic lager beer.
I would be neglecting my duty to the Board of Directors, The Company, The Coigach Community, The Wider Drumrunie Community and SEERAD if I did not take this opportunity to explain that 'lager loutish behaviour' at any of our meetings will not be tolerated, and provides sufficient grounds for the summary dismissal of a Director and Member of this Company so behaving. Such conduct could suggest that you are not a fit person to represent the Coigach Community at this critical stage of the most important and far-reaching high profile project this Community has ever undertaken. Having been accepted as a volunteer member of this Board, without your having been proposed or seconded for that office, the Community has the right to expect higher than average standards of behaviour.
The disruption of any future meetings convened by this Company will result in the suspension of the proceedings and the meeting will only re-convene when the disruptive influence has left the room. If it is not possible to re-convene the meeting, the meeting will be adjourned to a future date and notice of an EGM will be published. The EGM will be convened to decide what action will be implemented to avoid further friction at meetings convened by the Company. In the event that the EGM is unable to resolve the problem, advice will be sought on the suitability of this Company to proceed with the project, from the Minister at SEERAD
I should further explain to you that Article 37.7 of the Memorandum and Articles of Association states that: 'A Director shall retire or be deemed to retire if: by written notice to the Registered Office, he or she resigns as a Director'.
Your conduct displays a complete lack of respect for the feelings, achievements and contributions of the members of this Company and Community. On these grounds, you are respectfully requested to resign from the Board and the Company forthwith.
Please be assured that the Company has taken legal advice on this matter.
Without prejudice,
Chairman.