Volendam chairman Jan Smit and the Supervisory Board (SB) are on a collision course with each other. The proposed dismissal of the entire board will be on the agenda at an extraordinary Supervisory Board meeting next Thursday. But is that possible? NH Sport puts that question to Jacob Klompien, chairman of the Supervisory Board of Telstar and interim general manager at basketball club Donar. Before that, Klompien worked at Rabobank in various positions for 35 years.
Is a supervisory board authorized to dismiss the board?
“Yes, that is possible. As a Supervisory Board you are also the employer of your board. As an employee you can be hired, but also dismissed if that is in the interest of the club. At Telstar we are a Supervisory Board with shareholders above it. We supervise on the policy pursued on behalf of these shareholders. However, as a Supervisory Board you may have made agreements with your member council or shareholders about the powers. For example, you can make an agreement that you can only make a decision with the approval of or in consultation with. The articles of association provide for this.”
What must a board do if a supervisory board wants to put a proposed dismissal on the agenda?
“It’s difficult to say that in one sentence. In general, I think it means that there can be unworkable relationships. Another reason could be due to a violation of internal rules or that a board is incompetent to implement the existing policy. .”
How important are the articles of association in this?
“Completely. The statutes state your powers and how to exercise them. That is easy to read. Only the causes why you do something are not described in the statutes and are much broader.”
The problem would be that the board of FC Volendam wants to create a BV…
“You can also have a Supervisory Board within a BV structure. You do not have to dissolve the Supervisory Board for that. I think there is more to the mutual relationships than that. It will be more complex, but it is difficult to give an exact to imagine.”
What is important to you within a Supervisory Board?
“As a former banker, it will not surprise you, but the financial housekeeping is important. The club culture must be carefully monitored. The laws and regulations and the policy plan must be complied with.”
How do you view the events at FC Volendam?
“I have proudly watched FC Volendam in recent years, so they have done something right there. I know nothing about the backgrounds and relationships, but it would be a shame if this led to a downward spiral.”
The intended decision to dismiss, how exactly does that work?
“The decision to dismiss or suspend a director is taken in a formal meeting. It is not a matter of calling around. There they will consider it again and make the formal decision.”
Is there still a possibility that the Supervisory Board will reconsider this proposed decision?
“I don’t know. I have not been informed about that. It seems to me when you have a meeting about your board that something is going on.”
The Volendam Supervisory Board does not just make a decision, does it?
“As I know the Supervisory Board of Volendam, they are not people who make trouble for the sake of making trouble. I don’t believe that either.”