Present: A. Swan (Chair); T. Band (Vice-chair); S. Anderson; B. Buglass; J. Fairgrieve; K. Fairgrieve; B. Fisher; R. Hamilton; P. Ingram (Treasurer); A. Mackie; K. Maule. (M. Brown, Minutes)  

1.Apologies:B. Cleator who is in Canada.

2. To consider termination of office of Katie & John Fairgrieve:

Alistair Mackie asked the meeting to consider the termination of office of Katie and John Fairgrieve as Trustees of Dunbar Harbour Trust in terms of section 15.(1)(d) of the Dunbar Harbour Revision (Transfer) Order 2004. Alistair explained that the Trust was a body which should work in unison as a board of appointed Trustees to work responsibly, jointly and collectively for the benefit and enjoyment of all harbour users. Katie and John had followed an independent course of action that had proved to be subeversive to the group and undermined the Trust. They have referred to staff and Trustees in an insulting manner.

They had recommended a course of action that both undermined the harbour staff and would have opened the Harbour Trust up to an action for unfair dismissal. At the December meeting Katie had made inappropriate references to the personal character of S. Pirie (Acting Depute Harbourmaster), to Thelma’s personal life and referred to Alasdair as being incompetent.

She and John had both called for a vote of no confidence in Alasdair and Thelma despite there being adequate evidence of the unstinting work carried out by them on behalf of the Board. John had also called for the removal of Brian as a member of the Board.

Throughout their period of office the other Trustees had supported both Katie and John as newly appointed members of the Board despite their continued acrimonious behaviour.

Alistair considered that Katie and John were not working with the Board nor making a worthwhile contribution and the solution was to terminate their term of office.

Katie responded by saying that she had taken legal advice and read out the requirements of a director as contained in the Companies Act 2006. She believed she and John had met these requirements.

Alistair put the following resolution to the meeting:-

The office of Katie Fairgrieve and John Fairgrieve as trustees of Dunbar Harbour Trust should be terminated in terms of section 15.(1)(d) of the Dunbar Harbour Revision (Transfer) Order 2004 as they are considered to be either unable, unwilling or unfit to discharge their duties.

The resolution was seconded by Thelma and supported by eight of the directors present at the meeting.

Alasdair declared the motion passed and Katie and John were no longer trustees of the DHT.   Both

Katie and John refused to accept the resolution. 

Katie felt that this had been taken to a personal level, that the questions they had asked had not been liked by the other trustees and that she and John were looking to the future of the Harbour. John felt that it was a dictatorship.

Katie requested that the Chairman should write to her to confirm the reasons for her removal from office. The Chairman agreed that this was normal practice.

Alasdair announced the meeting adjourned at 7.10 p.m. as the two Fairgrieves refused to leave the meeting on request.

3. Closure of the meeting:

As the next meeting took place on the scheduled February date this meeting was formally closed at the start of that meeting without any further business taking place.