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Thread: 11.1 Presidential Campaign Thread

  1. #51
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    Quote Originally Posted by Vladimir Drkulec View Post

    It seems at least in part to me that you were attempting to curry favour with some of your friends at FIDE about an alleged problem at FIDE but that you were asking the CFC and its executive to take on the risk of huge liability to accomplish it.
    FIDE Charter Article 4.10 FIDE observes strict neutrality in the internal affairs of its members but has the right and duty to evaluate their compliance with FIDE principles and their obligations towards FIDE.

    Any FIDE official who made such request should be reported to the FIDE Ethics and Disciplinary Commission by the CFC President.

  2. #52
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    Actually it looks like unbeknownst to me we actually have provisions for a Ethics committee. Since I promised to follow the handbook as much as possible during my tenure as president we can invoke this 15 year old motion from our colleague Mark Dutton.

    397. Ethics Committee {Motion Lambruschini/Dutton in 2005-06 GL7} Be it resolved that the CFC create an Ethics Committee to address unsportsmanlike and unethical behavior by members. Members can appeal to the Ethics Committee when their good standing has been impugned or to draw attention to unethical behavior on the part of CFC members. The Ethics Committee shall operate as follows: Composition - The EC will be chaired by a member of the CFC Executive, to be appointed by the President during the Incoming AGM. - The EC will include the CFC Masters Representative. - The EC will include one other respected individual, to be elected at the same time as the other CFC Directors. - The term of the two members other than the Masters Representative will last until the AGM of the following year. Responsibility - An appeal by a CFC member to the EC is to be made directly to the Chair, with a copy sent to the Business Office. - The Chair will determine in consultation with the other members of the EC, as well as the persons involved, whether the appeal is justified, and if so, what level of rebuke is called for against the offending party. - It is the responsibility of the Chair to ensure an adequate public response is made to defend the good standing of the CFC member when unethical behavior has harmed an individual member. Official statements from the EC should be posted on the CFC website and Discussion Forum. [Motion 2013-O (McKim/Bond)] - It is the responsibility of the EC to consider the degree to which unethical behavior in question has reflected poorly on the Canadian chess community. The EC must strive to take measures to protect the public integrity of the Canadian chess community.


    Problem solved. We have an ethics committee or we will in a month or so as we need to give at least three weeks notice for a special election. Michael Barron, Ilia Bluvshtein, Paul Leblanc or Brian Fiedler might be good candidates. Perhaps we might expand the committee to have more members. I would probably look at Fred McKim or Mark Dutton from the Executive.

    I would hope that the members of the committee would take into account libel/defamation laws and liability when it comes to publication.
    Last edited by Vladimir Drkulec; 08-20-2020 at 12:13 AM.

  3. #53
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    Quote Originally Posted by Pierre Dénommée View Post
    FIDE Charter Article 4.10 FIDE observes strict neutrality in the internal affairs of its members but has the right and duty to evaluate their compliance with FIDE principles and their obligations towards FIDE.

    Any FIDE official who made such request should be reported to the FIDE Ethics and Disciplinary Commission by the CFC President.
    Hal Bond usually handles communications with FIDE. I believe he has talked to the president of FIDE about this situation or so he has reported.

  4. #54
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    Quote Originally Posted by Vladimir Drkulec View Post
    Actually it looks like unbeknownst to me we actually have provisions for a Ethics committee. Since I promised to follow the handbook as much as possible during my tenure as president we can invoke this 15 year old motion from our colleague Mark Dutton.

    397. Ethics Committee {Motion Lambruschini/Dutton in 2005-06 GL7} Be it resolved that the CFC create an Ethics Committee to address unsportsmanlike and unethical behavior by members. Members can appeal to the Ethics Committee when their good standing has been impugned or to draw attention to unethical behavior on the part of CFC members. The Ethics Committee shall operate as follows: Composition - The EC will be chaired by a member of the CFC Executive, to be appointed by the President during the Incoming AGM. - The EC will include the CFC Masters Representative. - The EC will include one other respected individual, to be elected at the same time as the other CFC Directors. - The term of the two members other than the Masters Representative will last until the AGM of the following year. Responsibility - An appeal by a CFC member to the EC is to be made directly to the Chair, with a copy sent to the Business Office. - The Chair will determine in consultation with the other members of the EC, as well as the persons involved, whether the appeal is justified, and if so, what level of rebuke is called for against the offending party. - It is the responsibility of the Chair to ensure an adequate public response is made to defend the good standing of the CFC member when unethical behavior has harmed an individual member. Official statements from the EC should be posted on the CFC website and Discussion Forum. [Motion 2013-O (McKim/Bond)] - It is the responsibility of the EC to consider the degree to which unethical behavior in question has reflected poorly on the Canadian chess community. The EC must strive to take measures to protect the public integrity of the Canadian chess community.


    Problem solved. We have an ethics committee or we will in a month or so as we need to give at least three weeks notice for a special election. Michael Barron, Ilia Bluvshtein, Paul Leblanc or Brian Fiedler might be good candidates. Perhaps we might expand the committee to have more members. I would probably look at Fred McKim or Mark Dutton from the Executive.

    I would hope that the members of the committee would take into account libel/defamation laws and liability when it comes to publication.
    A committee that was established 15 years ago and never once formed, leaves some question as to it's validity without a re-vote of some sort. In light of recent concerns of lawsuits, it might be advisable that any decision of the ethics committee that found a breach of ethics be reviewed by legal counsel. This sounds too much for a 3 person decision, I would second your suggestion of 5 people.

  5. #55
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    Quote Originally Posted by Fred McKim View Post
    A committee that was established 15 years ago and never once formed, leaves some question as to it's validity without a re-vote of some sort. In light of recent concerns of lawsuits, it might be advisable that any decision of the ethics committee that found a breach of ethics be reviewed by legal counsel. This sounds too much for a 3 person decision, I would second your suggestion of 5 people.
    Is there a reason why it was never formed?

  6. #56
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    I'll support Mahmud Hassain. The CFC needs a new leadership.
    .*-1

  7. #57
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    Quote Originally Posted by Fred McKim View Post
    A committee that was established 15 years ago and never once formed, leaves some question as to it's validity without a re-vote of some sort. In light of recent concerns of lawsuits, it might be advisable that any decision of the ethics committee that found a breach of ethics be reviewed by legal counsel. This sounds too much for a 3 person decision, I would second your suggestion of 5 people.
    I. Admit. Bewilderment. So we HAD unethical behaviours by a CFC member, where we COULD HAVE formed an Ethics Committee to deal with them, but that we didn't. And now, after Mahmud proposes an Ethics Commission, Vlad replies that's not a good proposal, but now has found that the CFC could have (and should have?!) struck an Ethics Committee as of October 2018?! This is SO FRUSTRATING. It feels like we're making up ways to avoid dealing with something difficult?!

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    I believe Mahmud has already recruited a lawyer as a candidate to chair this commission.

  9. #59
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    Quote Originally Posted by Hal Bond View Post
    Establishing an Ethics Commission, which you seem to oppose, is not “railroading” anyone’s “enemy”. It is doing the right thing for the CFC.
    I never said anything about the Ethics Commission other than the statement that you had to be careful. In my answer to Mahmud I split the answer into several parts to address each point. The part you might be referencing is the online committee. We don't need an online committee to decide if we want to use Zoom or skype. We use Zoom or skype and see if we like the result.

    At no point did anyone say that we should appoint an ethics committee to look into this situation. Probably no one else thought of the idea either. They wanted to remove someone and did not want to use the procedure for member discipline which could drag out for quite some time due to the time required for notification and an appeals procedure. This would have gone to the voting members after the appeal was completed and that would require at least three weeks notice. The whole process would have taken three months to play out and this was happening in May. I had been in CFC politics for 7 years as president and another 2 years as masters' representative and I was not aware of the Ethics commission at the time of this controversy. It is likely that I read the section and simply forgot about it as it was never implemented. Hal is behaving as if I thwarted the formation of an Ethics Committee in order to deal with this old case. I thwarted a set of actions which was not predicated on our rules nor on the text of the NFP act. No one ever mentioned the possibility of an ethics committee .

    Quote Originally Posted by Pierre Dénommée View Post
    Establishing a Code of Ethics is just as important has having an Ethics Commission, otherwise, nobody knows what the Ethics Commission is supposed to enforced. Furthermore, no CFC rule can have a retroactive effect, so it cannot be applied to past incidents.

    Is this past case officially closed, or could it be reopened with a change of President?
    Excellent point Pierre. The ethics commission cannot be used to prosecute someone for an old case according to your interpretation. The case was already almost two years old when the attempt to deal with it came up. Others may have a different interpretation.

    The only way that a member of the executive can be held liable aside from the commission of a crime is if he does not act in a way consistent with his or her fiduciary duty. Some have told me that this whole election is because I refused an order which I believed to be against my fiduciary duty to the CFC. Now anyone can ask anyone to resign. They could have done it themselves (Hal and Egis who seemed to be intent on this course and punishing the "wrongdoer") and it probably would have carried much less risk than if I had done it. Had I carried out the order and it had gone to court I could not use the defence that members of the executive ordered me to do something. What rule was the basis of the procedure? I would have no satisfactory answer to that question. No one has the right to order me to do something that is contrary to the interest of the CFC in my best judgment. The voting members can remove me or any other elected official for any reason but they cannot compel me to do something that I refuse to do because it would violate my fiduciary duty. I certainly could not claim that I was unfamiliar with the NFP act and our bylaws as I had to sweat out every detail along with Pierre who was one of the few volunteers to work on the Continuation process in 2014.

    I believe the case will be reopened with a change of president though I have been assured by some members of the executive that they will resist that push.

    Hal has reason to be upset with all the things that happened at FIDE in 2018 flowing through to today but he is displacing that anger on me. Much of the story and its evidence lies in Europe. At least part of the problem he is trying to solve lies in Europe. Trying to litigate what happened in Europe here would be a disastrous and very expensive undertaking.
    Last edited by Vladimir Drkulec; 08-20-2020 at 07:59 AM.

  10. #60
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    I don't think I'm the only one who finds all this bewildering. Hints of impropriety or fighting against impropriety, talk of ethics commissions and lawyers, all of this just as voting begins. How are we supposed to make an informed choice given the lack of specific information?

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