Editorial
October 08, 2024

(Opinion) An Open Letter to PPBSO members: Attend your October 10th meeting to reject the new and problematic bylaws proposed by the PPBSO board

Editor’s note: this Open Letter expresses the opinions of Andrew Berthoff, Scott Currie (Scotland) and Tyler Fry.

You probably became a piper or a pipe band drummer to make music and have fun. You discovered that organized competitions were a great way to hang out with others who shared your desire to make music and have fun.

Unfortunately, the political dealings of pipe band associations all too often and increasingly diminish your fun.

A Special Meeting of the members of the Pipers & Pipe Band Society of Ontario (PPBSO) has been scheduled for Thursday, October 10, 2024, at 19:30 ET.

Here is the link to the Zoom meeting:

https://us06web.zoom.us/j/84525315792?pwd=ec915UVbSJ49azTg817YOpg6F1IIJ2.1

Meeting ID: 845 25315792
Passcode: 065275

Under the premise of a straightforward adoption of bureaucratic changes in order for the PPBSO to be legally compliant under the new Ontario Not-for-Profit Corporations Act (ONCA) to meet a “deadline” of October 19, the PPBSO is trying to slip through new bylaws that give its Board of directors sweeping powers that are not in the interests of its fair-minded members.

What is the purpose of these rule changes?

According to the Notice of Meeting:

“The meeting is to discuss and vote on articles of amendment to the constitution and bylaws. These amendments are required to bring the Society into compliance with the new Ontario Not-for-Profit Corporations Act by October 19, 2024.”

Could there be more to this than meets the eye?

First, the meeting is scheduled for a Thursday at 7:30 pm, an odd choice, given that most members would be more available to attend on a Saturday or Sunday.

Second, the Board also seeks to amend the rules before the Annual General Meeting (AGM) in December. These amendments would grant the Board broad new powers over membership voting rights, eligibility, suspensions, and expulsions in “exceptional circumstances,” all supposedly in the name of “protecting the Society.”

In the new by-laws, the Board repeatedly proposes that it will have “sole discretion” to make sweeping decisions without consulting you, the PPBSO member.

Why is the timing of this vote so important?

There is no requirement for the PPBSO to approve articles and new by-laws by October 19, and no penalty if new documents are not approved before this time.In our view, the board is trying to push through these changes at a time when the Society, its judges, and its members face serious internal challenges.

Notably, the PPBSO’s ombudsperson position is currently vacant, leaving a gap in oversight.

Additionally, President Andrew Giles is facing two unresolved official complaints of gross misconduct from accredited PPBSO adjudicators Scott Currie and Tyler Fry. Their complaints stem from concerns about the president’s actions and neglect during Andrew Berthoff’s suspension.

Why would the PPBSO Board seek these powers now?

While some of the rule changes in the new by-laws might appear at face value to be harmless bureaucratic necessities, others are inherently dangerous to members and judges, particularly in the hands of the current Board.

Specifically, in the new by-law, the board or a committee created by the board has broad authority to suspend members or revoke their membership. This current board has consistently abused this power with their mistreatment of Andrew Berthoff through his suspension. Allowing the board to have these powers would continue to enable them to silence dissenting voices, like those of the judges and members who have raised concerns.

To prevent this abuse from happening again, we propose that a committee of members chosen by the members should be the ones who make these decisions.

The irony of this Open Letter is that it is exactly the type of fair and reasonable comment that would result in the suspension or outright expulsion of a member under the “sole discretion” of the Board if these proposed new rules are approved.

Should you vote against these rule changes?

Most importantly, you need to review the proposed changes and decide for yourself whether they serve you and the PPBSO well. We believe that these proposals should be rejected if you want to protect your rights as a member and safeguard the enjoyment—the fun—you want from your hobby.

As a PPBSO member, you have a vote. How you use it will determine whether the Society’s current situation worsens.

Click here for the PPBSO board’s proposed bylaw changes.

Click here for the PPBSO board’s “explanation” of proposed changes.

Note that the PPBSO’s Board has pre-written the meeting minutes, presumably expecting approval of the new bylaws to be a slam-dunk by the tiny set of ten (10) members required to achieve quorum under the current by-laws.

As many members as possible must attend the meeting to make your opinion count.

What can you do to stop these abuses of power?

If the mismanagement of the PPBSO by its current board is not corrected, the PPBSO could face dire consequences.

Here’s what we think needs to happen:

  1. Attend the Special Meeting in numbers and vote against granting the Board these new powers by rejecting the new by-laws. The members should be consulted throughout the process of creating a new set of by-laws that serve the members interests.
  2. Call for the immediate resignation or removal of the President and all those found to have supported continued disregard for Ontario law and PPBSO rules through a vote of no confidence.
  3. Impose a moratorium on implementing new rules until the lawsuit and complaints are resolved.
  4. Appoint a new ombudsperson to investigate the unresolved complaints and the unlawful retaliations faced by those who spoke out.

While this may seem drastic, the alternative is far worse.

The PPBSO’s directors must be held accountable. The PPBSO must be reformed to rebuild the fun and enjoyable atmosphere of collegiality that you deserve.

Conclusion

You have access to the details of the lawsuit, which mirrors the misconduct experienced by the judges who have complained about Andrew Giles.

Please take the time to read through this information and make an informed decision.

None of us who have raised these issues have anything to gain personally. These actions are intended to correct grave injustices – injustices that could impact you directly in the future if they were to go unchecked.

Bullies continue to bully when they go unchallenged.

As members, judges, and bands, you stand to lose much more if these abuses are allowed to not only stand but continue in the future.

The current Board has led the PPBSO down a dangerous path that is threatening its existence.

The Special Meeting on October 10 offers you the chance to reclaim the control you deserve as a member. By rejecting these new bylaws, you will buy enough time for a new board to address these issues.

Most PPBSO members are good people who want to have fun and enjoy their competitive art.

Sadly, the majority also have been bullied into fearing retribution if they ask simple questions to seek straightforward information.

This isn’t a game. Reputations and livelihoods have been and are being damaged. The current Board is gambling with the PPBSO future, and your bands and memberships are the chips.

The real question is:

What will you do to protect your association and hobby now and for future generations?

Staying passive or silent will not work. Rally your fellow members, attend the meeting, and stand up for what is right for you and the PPBSO by voting against granting the Board these new powers under such questionable circumstances.


Here’s a quick list of additional essential questions and answers to help you understand this matter.

Q: Is the October 10 Special General Meeting strictly a required formality, as the PPBSO suggests?

A: No. The PPBSO’s Board is clearly working to adopt sweeping changes to its bylaws, banking on members not paying attention and skipping the meeting.

Q: What are the most problematic elements of the 28-page new bylaws?

A: The proposed bylaws repeatedly state that the PPBSO board will have “sole discretion” to make severe and bullying decisions regarding members – members like you.

For example, if a few board members dislike you, a comment you make in a beer tent, or even “Liking” or giving a Thumbs Down to a Facebook post, your membership could be suspended or even outright rejected.

Bullies continue to bully when they go unchallenged.

Q: If board members responsible for this mess resign or are given a vote of no confidence, can the PPBSO carry on?

A: Yes. It’s simple: Bullies continue to bully when they go unchallenged. This behaviour is not in the best interests of the PPBSO, which needs fair-minded leaders to govern it.

Q: I want to play my instrument, compete and have fun. How do competition organizers feel about the PPBSO?

A: We know that many competition organizers have grown tired of how the PPBSO operates. They need to receive fair value for the money they pay for an expensive turnkey product. They see the PPBSO as bullying and pushy.

Bullies will keep bullying until they are challenged.

A reformed PPBSO with new approaches and models will go a long way toward keeping existing games onside and growing what we have.

Q: I agree that this situation is bad, but I have been told that I shouldn’t get involved. Why should I stay quiet, and what happens if I don’t?

A: You shouldn’t, and it’s wrong, so let’s address the elephant in the room, as this is the most common question on members’ minds. If your concern is that you or your band will be punished in competitions, no reasonable adjudicator will penalize you or your band on behalf of bullying board members simply because you disagreed with board policy or opposed board members’ misconduct.

You might be surprised to know that many PPBSO adjudicators share these concerns. Anyone telling board members, committee members, band leaders, band members, stewards or adjudicators to stay silent or ignore the situation is essentially bullying you by proxy on behalf of bullying board members, and you are a victim of that bullying.

This weakens your status as a member and strengthens the bullying board members’ power over you and the Society. The misplaced compliance of members through fear and silence is what bullying board members bank on to remain in power unopposed.

The rule changes, if passed, will have a chilling effect on your freedom of speech, stifle reasoned democratic debate and impose a permanent threat over all members’ heads. This is why opposing this motion in numbers at this stage is crucial to protecting you and your band.

Bullies will keep on bullying until they are challenged.

Q: What happens with these new powers when the very officials responsible for disrupting the Society and damaging its interests are also the ones engaging in bullying?

A: PPBSO board members ironically may attempt to argue that critical and fair open letters like this prove that new powers to muzzle members are needed.

That is precisely why these powers are an immediate risk to the PPBSO.

By ignoring the Society’s current rules and inventing new ones to suit their needs, these bullying board members attempt to maintain control, punish their victims, and conceal the gravity of the situation from you on the broader membership.

Perhaps the most malicious example of this misconduct occurred on September 17, 2024, when the president made the following statement in an official response to members of the music committee:

“I would recommend ignoring any and all attempts to bait you into a conversation. You don’t owe [Scott Currie] a response. Certainly not on behalf of the PPBSO. Drag Scott’s email into your junk folder. Best advice I can offer.”

Click to enlarge

This is a disturbing response to fair and straightforward inquiries posed to the music committee chairman regarding removing accredited PPBSO judges from the published adjudicators list.

This is not the behaviour of a transparent, trustworthy president. Instead, this email is an example of abusing his position of power.

No one is above the law or the Society’s rules. Yet, the president and these bullying board members act as if they are exempt from following their own rules, Ontario law, and free speech, as though they don’t have to adhere to the standards that all members are expected to follow.

When the Board refuses to communicate, when there is no ombudsperson to handle serious complaints, and when the president attempts to order others to dismiss concerns and delete legitimate correspondence from members and judges, the victims of bullying are left with only one option: to speak directly to the membership through open letters like this.

It’s critical to remember that it was the bullying board members – the same people now pushing for additional “sole discretion” powers – who escalated this situation, not the victims. The victims did the right thing by raising their concerns, only to be systematically ignored and left without any other recourse.

Bullies continue to bully when they go unchallenged.

Please attend the meeting on October 10 to make your opinion count by voting NO to these new bylaws.

Let’s save the PPBSO by safeguarding the future and protecting you from more abuses of power.

Thank you.

Scott Currie is an accredited PPBSO judge, an award-winning drummer with several Grade 1 bands, and a retired police officer in Scotland. Originally from Kincardine, Ontario, Tyler Fry is a world-renowned tenor drummer, teacher, innovator and accredited PPBSO adjudicator. Andrew Berthoff is the editor and publisher of pipes|drums, a past member of several Grade 1 bands, and an accredited PPBSO adjudicator who served on the association’s Music Board for 12 years, including eight as chair.

What do you think? As always, your attributed or anonymous fair comments are welcomed using the Comments feature below. Posting requires only a free pipes|drums registration.

 

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4 COMMENTS

  1. I guess this is a sign of how much of a busy-body/rich-boy hobby piping has become. I mean at the end of the day, the society has to be in compliance with the relevant NFP legislation but it does seem like we’ve lost our way a little bit.

    Oh well – hopefully we can remember, at some point, that this is all supposed to be fun!

  2. The part that I didn’t like about the PPBSO explanation is that it states “Most of the changes here are administrative in compliance with ONCA” without stating which changes are which. It also seemed strange that the meeting minutes were pre-written. I would expect that an agenda is pre-written and minutes are taken during and after the meeting.

    While I agree with your suggestions that members should attend the meeting, impose a moratorium on rule changes and appoint a new ombudsperson, I think it’s too early to call for the resignation of the president and the president’s supporters. Your statement of claim is compelling, but I think the concept of “innocent until proven guilty” should apply. It’s important to remain fair and allow the legal process to play out before passing judgement pre-maturely.

    Unfortunately, our band practice is at the same time as the meeting, so I will not be able to attend. I wonder how many bands practice on Thursday evenings.

  3. Sole discretion shows up a lot. One thing I thought odd in quickly reading was many references to members following some code of conduct (which will follow later ??) or you can be turfed, at the sole discretion of…..there it is again…

  4. As a 50-year volunteer with pipe band associations (PPBA, BCPA, SPBA) I can say there is no doubt that volunteers are integral to keeping things going and need to be supported by membership. However, volunteers don’t always get things right despite good intentions—and sometimes good intentions get blurred by personal differences and issues—and volunteers and paid employees are accountable to the bylaws and policies of the organization. PPBSO members need to become engaged to understand what is being said and done, and to play an active and informed role in directing the work of association volunteers and leadership. I’m not a PPBSO member and viewing it from afar. If I was a member, I would be very concerned and doing due diligence as a member.

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