The Plot Unravels

By David

A comparison between the dishonesty that infected President Nixon’s White House and the goings on in Swimming New Zealand may appear to be a little farfetched. Certainly the international implications are very different. However the behaviour is extraordinarily similar. You may struggle to believe that, but consider this.

In the Nixon case the House Judiciary Committee voted on the 27 July 1974 to impeach the President on the grounds of obstruction of justice, abuse of power and contempt of the people. In the past four weeks correspondence originating from Swimming New Zealand demonstrates that this organization is equally able to obstruct justice, abuse power and treat its membership with contempt. Here is what happened.

On the 14 April 2011 the Bay of Plenty Region wrote to Cathy Hemsworth. It was a long email so we will only quote the relevant sections. Bay of Plenty’s email said:

At no stage in the process, have we been told that the record being kept was not for the purpose of keeping a true and accurate set of minutes, but rather to simply keep notes of relevant points. We do not accept that the practice meets the high standards of transparency and accountability required.

You will understand that we suspected that PV has deliberately set out to deceive the readers of PV material by leading those who did not attend PV meetings to a view that a free and open invitation had been extended to all who wish to participate in your next working group phase. We no longer have any confidence in the integrity of the process.

The motion passed at the SNZ AGM. The motion as recorded in the draft minutes is not recorded accurately Here is the correct motion:

Project Vanguard seeks the ratification from this Annual General meeting to continue this process recognizing the independent regional funding streams and the need for continued consultation and communication with all stakeholders. Approval from the membership will continue to be sought at the end of each phase of the project seeking continuation to the next. Any resulting outcomes or recommendations requiring constitutional change will need to be considered and approved by a Special General meeting of SNZ

We suggest that the draft minutes be removed as they are not accurate and their placement is likely to be construed as deliberate deception.

We ask for your confirmation:

  1. That it will be the regional delegates who will be voting at the end of Phase 3 with respect to the “Go/No Go” Vote.
  2. When that “Go/No Go” Vote will take place.”

The email was sent to Cathy Hemsworth. She was smart enough to realise answering an email like this was a minefield. She had travelled the length of New Zealand telling everyone that go/no go votes were an integral part of the Vanguard process and now her bosses denying their existence. That was too hot even for Hemsworth. Instead she passed it on to Coulter and Berge. I suspect their arrogance is such that their only thought was to put Bay of Plenty in its place. Here is their reply.

4 May 2011

Karen Nixon

Administration Officer

Swimming Bay of Plenty

Dear Karen,

Thank you for your email regarding the Project Vanguard process and how you think this can be improved.

Cathy Hemsworth, Project Manager, Project Vanguard, has referred your email correspondence to us. We apologise for the delay in replying but the changes in governance of the project, introduced recently, and the organisation of the next steps necessary to bring the project to the next delivery point have consumed a lot of our time.

We feel we have moved on, so have noted your comments on last year’s workshop notes and process, Cathy has explained her process well and we see most value in spending our efforts on moving forward. To that end we are now focussed on gathering data through our people participating in the new workshops.

Your requests as to what is published on the site regarding your meeting have been met and your people have been invited to engage in the new workshops. We are sorry if our attempts to do the best job possible and run a transparent process have been subject to some misunderstandings and we will endeavour to provide clearer expectations in future.

We believe we have little option but to notify draft minutes, clearly labelled as draft, of both the AGM and SGM, as that was what the SGM of October 2010 and Communication Strategy has clearly sought from the National Office. As to their accuracy, that remains a matter for the next General Meeting to determine, but they are as recorded by the minute secretary and the resolution is exactly what was presented on the PowerPoint slide at the AGM, that motion was moved by the Chair of Project Vanguard Committee seconded by Taranaki and passed with one vote against and one abstention being Bay of Plenty whose delegate we recall stated to being confused by the proceedings.

The Project continues to work under the guidance of the two remits 2008 and 2010.

Regards

Murray Coulter

SNZ President
Mark Berge

Chair of Project Vanguard Sub Committee

Here at Swimwatch we simply cannot comprehend the deception of this letter. Are Coulter and Berge crooks? In particular we refer to the following lines.

but they are as recorded by the minute secretary and the resolution is exactly what was presented on the PowerPoint slide at the AGM, that motion was moved by the Chair of Project Vanguard Committee seconded by Taranaki and passed with one vote against and one abstention

That is a lie. It is not true. The original draft minutes contained the remit as it is recorded in the Bay of Plenty letter. That is what was put to the Annual Meeting. That is what was passed by the Annual Meeting. That is what was included on the SNZ website. That is what was taken down and replaced by an altered version. The altered version did not include the requirement for a go/no go vote. SNZ altered a properly passed minute in order to replace it with a minute they found more convenient.

So let’s return to the President Nixon analogy. In that case the crime was breaking into the Democrat Party Headquarters. The serious mistake though was the President’s attempts to cover up the crime. It was for that he was about to be charged with obstruction of justice, abuse of power and contempt of the people.

In President Coulter’s case he has sanctioned the alteration of a properly passed remit. The serious mistake though is the President’s attempted cover up; for that is what this letter to Bay of Plenty is – it’s a cover up. We will wait for our lawyer’s report but our first impression is that President Coulter is about to be found as guilty as hell of a New Zealand commercial version of obstruction of justice, abuse of power and contempt of the stakeholders.

If that does prove to be the case, President Coulter should be under no misunderstanding, we will pass on the information we have to the Minister of Sport, to SPARC and to the Commercial Section of Auckland Central Police.

We recommend that any Board Member, any employee or any member of Swimming New Zealand being asked to participate in the deception that has become Project Vanguard seriously consider their position. Prudent Board members should resign. Employees and members would be wise to excuse themselves from Vanguard duties. The last thing any of them deserve is to become accessories to the folly of some very silly and misguided people.

  • Sensible Swimming

    Around 20 years ago I knew a very capable and well respected senior policeman. He was accused of a fraud which involved a relatively small amount of money ($5,000) but which was most serious because of the position of trust which he held. The fraud itself was amateur and clumsy. One of his colleagues who conducted the investigation told me how distressed he and his colleagues were because the accused was such a popular and well respected officer who had done a lot of outstanding work – he said that they looked at the file and “just wished it would go away”, but the evidence was too compelling – their colleague and friend had stolen money from a position of trust and had betrayed his oath of office and ultimately he had also betrayed every other serving policeman. They looked for an innocent explanation, but there was none – the evidence showed their colleague to be guilty of a serious crime.

    What you have disclosed here David is similar – what has been done is clumsy, it is stupid and it is ham fisted – but in the absence of another explanation it is also dishonest and a betrayal of trust. Many of us will just wish that what we are seeing here would go away – we will wish that it is not true, but this file must not be allowed to go away and it must be acted upon because these people have been placed in positions of trust which their dishonesty has betrayed.

    In September last year the AGM of SNZ voted on a motion which contained this provision: “Approval from the membership will continue to be sought at the end of each phase of the project seeking continuation to the next.” That motion was voted upon and everybody there remembers it except it seems Murray Coulter, Mark Berge and Mike Byrne who are expecting us to accept their version. We wish it were not so but the evidence says that they have lied over this one.

    David, you are right to have written about it and to have disclosed it. If these three had any honour or integrity they would resign – if they do not then they must be removed from office because their lack of honour and integrity means they are no longer fit to hold positions of trust.

    My friend the policeman spent 5 years in prison – that was one year for each $1000 that he stole. More than that, and like Richard Nixon he was disgraced and lost the trust and respect of his friends. These three can still reclaim some trust and respect but only if they accept responsibility now for their actions and resign.

  • Sensible Swimming – I agree. It is the way things are. And they are far more important to the future of swimming than its organizational structure. They involve things like honesty, integrity and justice. I’ve known Alison Fitch for some time. I coached Nichola Chellingworth when she was 14 and the two of them raced the hell out of each other. Alison is too good a person to be tangled up in this mess. It is time for honest people like her to get out and leave those responsible to face the consequences of their actions.

  • Chris

    Hi David (lots to read here – been away on holiday without internet)

    Did you read the Herald this morning? Try this link: http://www.nzherald.co.nz/andrew-alderson/news/article.cfm?a_id=653&objectid=10724178

    This is another story by this journalist who has been needling SNZ since Delhi last year, and has always been bang on the mark. Funnily enough, he doesn’t work for Sky which would explain why he is the only one brave enough to go after them. I hope he is right and we do get a change at the top. When will we know what the review says, or will that be buried?

    Isn’t Mike Byrne just an idiot. Honestly, trying to suggest that he is in touch and unaware of any disharmony. I really can’t imagine SPARC patting him on the head and saying “There you go Mike. Its been good to ‘clear the air’ and here’s another $1.65m. Do better next time”. Bloody hell – he really is an embarrassment.

    And speaking of Sky! Did you see that appalling interview with Daniel Bell on Deaker. What an absolute disgrace. If there was ever an example of shameless priming and coaching for an interview, this was it. And shame on you Murray Deaker for selling out to SNZ PR. And yes, you guessed it. Deaker’s boss is Kevin Cameron – any link there? Of course there is. That’s why the SNZ website was promoting it days before it aired, and no doubt timed with this review in mind.

    So SNZ promote this interview on their website, why? Was it newsworthy? Bear in mind that just a few weeks ago there was probably one of the best swimming events in years (ANZAC meet) with segments on The Crowd Goes Wild, The Code, TV One & TV3 News, radio interviews, and I hear also The Rugby Channel, with swimming royalty and celebrities galore … any mention on the SNZ website? Not a bloody sausage!

    So if there is “restructuring” at SNZ (which we are almost too afraid to hope for), do you think that might include out of SNZ’s 31 staff their PR/Spin department as well? Sounds like a good hose down is needed of the entire organization.

  • This week is shaping up to be a pretty important one in the history of swimming in New Zealand – what, with our lawyer’s report on Coulter’s behavior due to be delivered and SPARC letting Swimming New Zealand in on Inneson’s findings it will be very interesting.
    I suspect there are some who wonder how we will survive without Cameron around issuing orders. The answer to that is “better” – that’s how we will get on.

  • THE PRESIDENT’S COVER UP
    Here is an explanation of the dishonesty of Swimming New Zealand.

    FIRST
    1. Here is the remit that was put to the 2010 Annual Meeting
    2. This is the remit that was approved by the 2010 Annual Meeting
    3. This is the remit that was posted on the Swimming New Zealand website as a draft record of the business conducted at the 2010 Annual Meeting.
    4. This is the remit that was shown on the slide presentation by Swimming New Zealand and was copied down by delegates from that wall slide.

    “That Project Vanguard seeks the ratification from this Annual General meeting to continue this process recognizing the independent regional funding streams and the need for continued consultation and communication with all stakeholders. Approval from the membership will continue to be sought at the end of each phase of the project seeking continuation to the next. Any resulting outcomes or recommendations requiring constitutional change will need to be considered and approved by a Special General meeting of SNZ.”

    SECOND
    1. Here is the remit that is now shown on the Swimming New Zealand website as a draft record of the business conducted at the 2010 Annual Meeting.
    2. This remit appeared in the Swimming New Zealand draft minutes after the original minutes were taken down from the Swimming New Zealand site for a short period.

    “That project vanguard seeks the ratification from this Annual General Meeting to continue this process recognising the independent regional funding streams. Any resulting outcomes or recommendations requiring constitutional change will need to be considered and approved by a Special General Meeting of Swimming New Zealand”

    THIRD
    1. Here are the words that Swimming New Zealand has removed from the remit actually passed at the 2011 Annual Meeting.

    “and the need for continued consultation and communication with all stakeholders. Approval from the membership will continue to be sought at the end of each phase of the project seeking continuation to the next.”

    CONCLUSION
    1. Swimming New Zealand deliberately removed the requirement that they consult the membership before progressing Project Vanguard.
    2. Swimming New Zealand lied to their membership by claiming that the draft minutes are an accurate record of the meeting. (Refer our story “The Plot Unravels”)
    3. Coulter and the Swimming New Zealand Board are indulging in a cover up in an effort to hide their dishonesty.
    4. Coulter and the Board of Swimming New Zealand are guilty and should resign or be removed.

  • That’s disappointing to read; personally, I like many of the people you talk about. Professionally I need to know, as a coach, (as I am sure the athletes, volunteers and parents deserve to know), that we can trust the governance of our sport to SNZ, and that we have a clear and transparent process.
    Hmmmm
    Can someone assure me otherwise?