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SXMNBA says SMBF new board is illegal.

PHILIPSBURG:-- The St. Maarten National Basketball Association (SXMNBA) would like to make it clear that the “new board of the St. Maarten Basketball Federation (SMBF)” is illegal and was formed without proper procedures being conducted based on the articles of the St Maarten Basketball Federation (SMBF). We will explain the grave errors and lack of understanding about proper procedures. For subtext the SMBF has 3 associations under it: the Soualiga Youth Basketball Association (SYBA), St Maarten National Basketball Association (SXMNBA), and Walichi Female Basketball Association.

The SXMNBA would like to make it clear that basketball has been suffering due to many reasonings one of which is due to the lack of a functioning Basketball Federation but procedures must be upheld based on the rule of law and the articles of the SMBF.

Articles of the SMBF highlighting the lack of procedurally due diligence:

MEMBERSHIP
Article 5
1. Only basketball Associations that are legally established in Sint Maarten that target the promotion
of the basketball, sport be it on a commercial or non-commercial basis which is practicing the basketball sport and consisting of at least six working active members may become members of SMBF.

Article 13
a. At least once a year a general meeting is held;
b. General meetings will moreover be held whenever deemed desirable by the Board or whenever a number of members with voting rights representing at least ten percent (10%) of the members lodge a
written request the thereto the Board stating the items to be discussed
c. If within fourteen (14) days after the receipt of such request, no effect has been given by the Board
to the request by convening the general meeting on a term of not more than four weeks, after
receipt of the request , the applicants themselves will be authorized to call the meeting, with due observance of the formalities required in accordance with article 15 , or by an advertisement
in a daily newspaper widely circulated in Sint Maarten;
d .A member can be represented at a meeting by a third party, but only by another member.
e. All general meetings will be held on Sint Maarten.

RESOLUTIONS/VOTING
Article 16
b. Each member has one vote.

Based on these highlighted articles alone shows the lack of understanding needed for this “newly elected board” to governor the sport of basketball on St. Maarten.

The procedures undertaken by the SYBA went as followers:

On Monday June 12th 2023 an email was sent subject “Invitation - Election - St. Maarten Basketball Federation”

Greetings Members,

The Soualiga Youth Basketball Association (SYBA) is part of the St. Maarten Basketball Federation (SXMBF). The SXMBF is currently inactive and requires an election to elect a new board. The absence of an active basketball federation has led to an ad hoc situation in the sport of basketball on St. Maarten. SYBA and its members in collaboration with the St. Maarten Olympic Sports Federation (SMOSF) is hosting a general election on June 21, 2023, from 6:45pm – 8pm at the MAC school in Betty’s Estate to elect a new SXMBF board.

Official members and guests of participating associations are invited to attend the general election of a new board. Please note that only official associate members will be allowed to vote. It’s a formal dress-code event and we ask all in attendance to refrain from wearing flip-flops, jerseys, and any other attire that is not considered formal/semi-formal. Anyone not following the dress code will be kindly asked to leave the event. Thank you in advance for your cooperation and attendance. We look forward to re-establishing the St. Maarten Basketball Federation to bring structure, stability, and strategic development to all divisions of basketball on St. Maarten.

On Wednesday, June 21 2023, Agenda points were held out before the meeting stating the following points:

Agenda points
• Welcome
• Opening Prayer
• Word from Olympic Federation
• Introduction of eligible voters.
• Introduction of postulated candidates for the board of SXMBF Federation
• Introduction of Board members
• Closing remarks

During the meeting, it was stated that this was an extraordinary meeting and that all individual association members have a vote. All basketball foundations have a vote. All basketball clubs have a vote. All coaches have a vote.

There were 12 votes cast in total with the present individuals in the meeting.

The SXMNBA is extremally disappointed with the lack of proper quorum and procedures taken to form a new board for the St Maarten Basketball Federation. It was said that they got advice and the go-ahead from the St Maarten Olympic Federation who was not present at this meeting.

A draft proposal was sent to all basketball entities and state holders in March 2021 with the sole purpose of forming a functional basketball federation board with due process base on the articles of the SMBF and good governance.

OFFICIAL MEMBERS OF THE SMBF
St Maarten National Basketball Association (SXMNBA)
Soualiga Youth Basketball Association (SYBA)
Walichi Female Basketball Association

FOUNDATIONS
Island Hoops
Dreams to Reality (BOTF)
721Dreamchasers
Performance Sports Academy (PSA)

INFORMED PARTIES
SMBF, Olympic Sports Federation, St Maarten Sports Department

Formation of new St. Maarten Basketball Federation Board (SBF)

Step 1} Call meeting with Soualiga Youth Basketball Association (SYBA), Walichi Basketball Association, and the St. Maarten National Basketball Association (SXMNBA).

Agenda points:
• Discuss the situation with the present Basketball Federation Board.
• Make plans on how we can move forward with electing a new board and the process.
• Write a letter to the present basketball federation to have a general meeting.

Step 2}
• Set a date for the general meeting.
• Give two (2) weeks for all associations to postulate candidates for board positions.

Step 3}
• General Meeting – Minutes must be taken.
• Annual Finical Report (SBF)
• Voting for postulated candidates.
• Turning over of accounts.
• Appoint two (2) persons for auditing committee.

Step 4}
• Making the changes at the Chamber of Commerce and Industry (COCI)
• Official press release.

Proposal for electing new St. Maarten Basketball Federation Board

• Add 4 new positions VP Youth Development, VP Senior Development, VP Female Development, VP Coaching & Development
• Each association postulates 1 candidate for each position (If possible)
• In the general meeting the three (3) associations will vote for each position (Minimum 2 votes will be needed for each candidate to be elected to each position.)

Suggested Positions and Roles:
1. President: Role official spokesperson for the federation etc.
2. Secretary: Role collection, sorting and distribution, and carry out administrative tasks for the federation etc.
3. Treasurer: Role keeping accurate records of all financial transactions for the federation etc.
4. VP Youth Development: Role Youth program coordinator for the federation etc.
5. VP Senior Development: Role Senior program coordinator for the federation etc.
6. VP Female Development: Role Female program coordinator for the federation etc.
7. VP Coaching & Development: Role oversees the development programs for players, referees, and coaches, training information sessions and events for the federation etc.

*Please note that the role description does not constitute full job descriptions.
*Each VP will setup their own committees as they see fit.

The SXMNBA overstands the need for a functional basketball federation, but we cannot in good conscience recognize this new board until due process is undertaken.

 

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