Many of our readers may already know, there is to be a KCTMO AGM on 17 October and RBKC is proposing to end the modular management agreement (MMA) with KCTMO. A resolution is also being proposed, with the support of RBKC and the TMO, that RBKC becomes the sole member of the KCTMO.
These proposals are reflected in ordinary resolution 5 and special resolution 6 which are due to be voted on at next week’s AGM of the KCTMO (or on-line) and which all residents with voting rights (ie members of the KCTMO) should have received in their AGM voting packs. Many local residents and many others elsewhere in the borough are members of the KCTMO and have the right to vote at the AGM.
Legal advice has been sought to determine the best advice to local residents on how to vote and whether the vote should be postponed. Whilst we all want to see the end of the KCTMO and a way of ensuring residents have control over the future management of their homes there are the following concerns about the resolutions:
1) We understand that a motion calling for an adjournment of the vote on the resolutions was filed in time and in accordance with the relevant rules. It appears that it was nevertheless rejected by the KCTMO and was not sent out to members. We understand it will be proposed again on the day of the AGM
2) We understand that the venue for the AGM may have changed but formal notice of this change hasn’t been sent out.
3) If RBKC becomes sole member of the TMO there are concerns that:
- The TMO might cease to exist as an organisation and therefore might not be subject to prosecution for corporate manslaughter;
- If the TMO no longer exists liaison with the Inquiry, including on important matters of disclosure and witness participation and attendance, could be undermined.
- Additionally, the TMO might not exist as an entity capable of being sued in civil proceedings for its acts and omissions prior to the Grenfell Tower fire;
Crucially, all of these matters could prevent or undermine (a) the TMO being held accountable in relation to the fire and (b) prevent or undermine the search for the truth through all available legal avenues.
4) In any event, even if the TMO were not wound up, RBKC would have sole control over the manner in which the TMO interacts with the Public Inquiry and other criminal and civil justice processes including requests for disclosure.
It is unclear why there is any need for haste in making a decision on this and a vote could be adjourned to allow for more information to be provided and further legal advice obtained.
A letter from two of the legal firms representing many of the bereaved, survivors and others affected by the Grenfell Tower fire has been sent to RBKC and the TMO. The letter supports postponement of the vote and seeks further information about the procedures adopted for the AGM and further assurances and clarification from RBKC that voting against the resolutions won’t – inevitably – result in the TMO being wound up.
Strange as it may seem we need, at least temporarily, to postpone any vote that could lead to the TMO’s management agreement being cancelled and the TMO being wound up!
We can only accomplish that if enough people actually vote the way we want at the AGM and vote to adjourn the meeting so the status quo is maintained with the TMO remaining in existence.
WE URGE ALL THOSE WHO ARE KCTMO MEMBERS TO EXERCISE THEIR VOTES TO ADJOURN THE AGM!
17 10 13 Bhatt Murphy and Bindmans letter to RBKC on AGM_1_Redacted
Motion to postpone voting
NEWS UPDATE – AGM CHANGE OF VENUE
The AGM will be held at the Great Hall, Town Hall, Hornton Street, Kensington, London, W8 7NX.
Time and date remain the same, 6.30pm 17th October.