Dear Members,
We are pleased to inform you of important changes in the governance of the Bermuda National Trust. The Bermuda National Trust Amendment Act 2021 was passed in the House of Assembly and the Senate in the recent session of Parliament and has gone to the Governor for assent.
This Amendment Act is a significant milestone in the history of the Trust. It positions us to face the next half century as a mature and developed organisation.
The journey to this landmark decision began decades ago. In the mid 1990s, the Trust became concerned that its governing body, the Trust Council, was not representative of its significant membership. Under the embodying legislation, the Bermuda National Trust Act 1969, the Trust Council comprised five members elected by the Trust membership at its annual general meeting, three members appointed by the Governor on the advice of Government, and one each from the Bermuda Audubon Society, Bermuda Garden Club, Bermuda Historical Society, KBB and St George’s Historical Society. The original intent was to assist the start-up Trust in its early years with the support and experience of the established nonprofits. In addition, Government required involvement due to its financial support of the Trust.
When the Trust began work in 1970, it was already a significant property owner with land holdings and artefacts passed on by its forerunner, the Bermuda Historical Monuments Trust (est. 1937), including Spittal Pond, Paget Marsh, Verdmont and Tucker House. In addition, the Government provided financial support for the Trust in the form of fees for service and grants.
As time moved on, the Trust took on more property, hired qualified staff members and expanded its membership. It also established a strong leadership role in the community in conservation, education and advocacy.
Soon after the Trust’s 25th anniversary, the Council decided it was time for its membership to be responsible for selecting its own ruling body. The appointing nonprofits were by this time smaller than the Trust in terms of membership and scope of work. Input was sought from the appointing bodies to determine how they would feel about relinquishing their right of appointment. Trust Council members had in-depth discussions with the boards of all five organisations but they were for the most part unwilling to support such a change to the Trust legislation and the status quo remained.
Over the ensuing two decades, amendments to the Act remained an agenda item and in 2016 the Council decided it was time to focus once again on the need for its membership to have the right to appoint its own ruling body.
In 2021 the five appointing nonprofits are in agreement that the Trust membership should have the right to select the majority of the members of Council.
From the start of the most recent discussions, the Trust has made it clear that it appreciates the contribution made by the appointing organisations and the value they have brought to the Trust over more than 50 years. The intent has always been to replace these early relationships with a forum that would include not only the original five organisations but other groups that have formed and expanded over the past five decades. Currently, as you may know, Bermuda’s environmental organisations meet regularly to discuss conservation issues and it is clear that collaborative efforts are essential for efficiencies and to ensure we are aligned on our roles, and not duplicating efforts.
While membership of Council has been the driving force for change to the Trust Act, it was a good opportunity to review the legislation fully and this has shown that some other aspects of the original Act would benefit from an update, including allowing the Trust membership to adopt By-laws to govern its own procedures, and the Council to appoint an auditor without annual Ministerial approval.
The By-laws have been drafted and a Special General Meeting will be called early in 2022 at which they will be put before the membership for approval. Notice of that meeting will be circulated in due course.
Many people have helped to bring this important legislative change to fruition. John Campbell and Alan Dunch worked on early drafts of the Amendment Act and provided valuable legal advice. Council member Robin Mayor has tirelessly driven the process for the past two years, working over the past several months with former Council member Lady Dace Ground who drafted the By-laws. We are most grateful for their legal expertise, knowledge and experience. They all care deeply about the Trust and have put in unremitting effort to ensure the organisation is appropriately positioned for its next chapter.
In addition, our thanks go to the Minister of Education, the Attorney General’s Chambers, and, notably, Ms Kimberly McKeown, Senior Policy Analyst at the Department of Education, for their support in bringing this to fruition.
To you, our membership, thank you for your support and encouragement. You each in your own way – volunteers, donors, advisors and friends – ensure that the Trust is able to do its work for the benefit of all Bermuda, for the long term.
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