MINUTES of the ETU Extra-ordinary Congress_ by fdh56iuoui


									MINUTES of the ETU Extra-ordinary Congress
held in Paris, France, on Saturday January 26th 2002


ETU Executive Board
Didier Lehenaff, ETU President (France)
Ms. Dragana Pavlovic, ETU Board Member (Yugoslavia)
Krzysztof Piatkowski, ETU Board Member (Poland)

ETU Member National Federations
BEL   Belgium                Jef Konings, Jack Waldeyer
BUL   Bulgaria               Ms. Irena Chukanova, Emil Stoinev
CRO   Croatia                Petar Car
CZE   Czech Republic         Vaclav Marek, Vaclav Vitovec
DEN   Denmark                Carsten Ditlefsen, Kent Magelund
ESP   Spain                  Ms. Marisol Casado, Jose-Luis Hidalgo, Henrique Quesada
FRA   France                 Ms. Patricia Constantini, Jacques Laparade, Philippe Lescure
GBR   Great Britain          Norman Brook, Peter Coulson
GER   Germany                Ms. Susanne Baur, Klaus Mueller-Ott, Reinhard Wilke
GRE   Greece                 Andreas Galanos
HUN Hungary                  Peter Czencz, Gabor Markus
ITA   Italy                  Angelo Bonizi
LTU   Lithuania              Bronius Abramaitis
LUX   Luxembourg             Dan Hendriks, Eugene Kraus
POL   Poland                 Krystyna Dworznik
POR   Portugal               Paolo Jorge Antunes Alves, Jose Luis Ferreira, Ms. Alicia Moniz
SUI   Switzerland            Ms. Anne-Marie Gschwend, Rene Kissling, Reinhard Standtke
SVK   Slovakia               Jozef Jurasek
SWE Sweden                   Ms. Ria Damgren, Ola Silvdahl
TUR   Turkey                 Halil Kilicoglu, Osman Nuri Seving
YUG Yugoslavia               Ms. Dragana Kamenica

Les McDonald, ITU President
Mark Sission, ITU General Secretary
Bill Walker, ITU Treasurer
Ms. Loreen Barnett, ITU Chief Executive
Patrice Brunet, ITU Attorney At Law
Michel Gignoux, ITU Technical Co-ordinator
Gergely Markus
Olivier Rodondi Me, Attorney At Law
Pascal Gregoire (L’Equipe)
Raymond Pointu (Agence France Presse)
Erskine McCullough (Agence France Presse)

ETU President Didier Lehenaff calls the meeting to order at 9:15am.

Opening address
Didier Lehenaff welcomes all attendees to INSEP, the French Olympic Campus. He describes this
extra-ordinary meeting, requested by ETU member National Federations as ETU Constitution (5.1.2.c)
allows it, as the only constitutional alternative and necessary outcome to a long period of uncertainty
for ETU, that had to come to an end, in order to ensure ETU’s long-term survival and growth.
In this regard the President underlined that, this Congress has to demonstrate unanimously, to the IOC
that triathlon is united and is worthy of being retained on the Olympic programme in Athens and
beyond. Thus it is an absolute necessity to take the necessary steps to bring together the Triathlon
community world-wide.
ETU President expresses his regret and disappointment that, Secretary General Erika Koenig-Zenz and
Treasurer Robert Maasdijk do not attend this Congress, thus not giving Congress delegates the best
conditions to hear both parties in this dispute.

Confirmation of the register of voters
Dr Susanne Baur reports to Congress, on behalf of the appointed Credentials commission, composed
of: Ms. Anne-Marie Gschwend, SUI; Ms. Susanne Baur, GER; Ms. Alicia Moniz, POR.
21 member NFs are present with voice and vote. Ms. Anne-Marie Gschwend has gathered the
affiliation fees paid onsite before the opening of Congress.

Appointment of scrutineers
Ola Silvdahl, SWE; Eugene Kraus, LUX; Paulo Jorge Antunes Alves, POR.

Congress Agenda
(a) debate on the crisis inside the ETU EB
(b) resolution of the dispute
(c) constructive moves towards unity inside triathlon

Because of the specific nature of this extra-ordinary Congress, it had first been suggested that Congress
be open to NFs delegates only. But because ETU has nothing to hide, Congress should be open to
anyone having at heart the interests of triathlon.
As a result of discussion on the status of guests at this Congress, ETU President moves that
Guests be invited to stay as observers in Congress hall at all times during the debates
Carried by majority vote (15 in favour, 4 opposed, 2 abstentions)

As announced prior to Congress, ETU President Didier Lehenaff proposes that, Dr Sarah Springman
(GBR) conduct the meeting until the dispute between opposing members of the current Executive
Board is resolved.
Carried unanimously

Since ETU General Secretary EKZ is not present, ETU President moves that
Board member Dragana Pavlovic take Congress minutes
Carried unanimously

Dr Sarah Springman introduces herself, and underlines that she believes she can be a neutral Chair
because: (a) she has not held any elected position in triathlon in the last 5 years; (b) she paid all costs
relating to her participation to Congress; (c) she comes only for the time of Congress.

Her goal is to create an open and positive environment for a constructive debate.

She reviews the legal aspects surrounding Congress, and underlines some inconsistencies between ETU
Constitution, Standing Orders and Policies and Procedures, thus offering a weak guidance on dealing
with the current situation.

She encourages legal and constitutional experts to take the floor on these matters in order to establish
once and for all that this Congress is valid.

She goes through the facts that occurred in the last three months. She matches all procedures that have
taken place with the provisions in ETU Constitution: 3.3, 3.10, 5.1, 5.1.2c, 5.1.4, 5.3, 6.3, 12.4c, 16.1a,
16.2 and point 1.3. of the Standing Orders, priority being given to the Constitution.

On these bases, Italy moves that
ETU Extraordinary Congress held in Paris on January 26 2002 is valid
Carried by majority vote (20 in favour, 1 abstention)

The Chair concludes that, NFs have exercised their right to be present and to make decisions on behalf
of ETU.
The Chair calls the attending Board members to make a statement on the current dispute.

ETU President Didier Lehenaff reviews all facts since the last meeting of the Executive Board in
Alanya in October 2001: the “vote” of no confidence inside the Board; the lack of support from the
majority of the Board to this initiative; the nomination of a President Ad Interim; the appeal filed to
ETU’s Jury of Appeal, that ruled no competent; the appeal launched to the Court of Arbitration for
Sport in Lausanne, and CAS’ decision in ETU President’s favour; the attempt to organise an extra-
ordinary Congress in Leuven; the difficulties encountered to relay the constitutional process initiated
by 1/5 of ETU membership who had called for an extra-ordinary Congress; the efforts made to find a
neutral venue and neutral conditions to stage this Congress; the final decision to stage it at Paris
INSEP, providing e.g. extremely cheap accommodation for those member NFs having very limited

ETU Board members Dragana Pavlovic and Kris Piatkowski confirmed the presentation made by
Didier Lehenaff.

Discussion continues, until

Bulgaria moves
Motion of no confidence in the present ETU Executive Board
Carried by majority vote (20 in favour, 1 abstention)

Germany moves that
Elections of the new Executive Board take place immediately
Carried unanimously

Italy moves that
Term of office of the new ETU Executive Board be until next ETU ordinary Congress in Györ, in
July 2002
Carried by majority vote (11 in favour, 9 opposed, 1 abstention)

France moves that
The Executive Board be enlarged to 11 members of which four (4) be Table Officers: President,
Vice President, General Secretary, Treasurer, and seven (7) the other Board Members, of which
a minimum of two (2) be women
Carried by majority vote (14 in favour, 6 opposed, 1 abstention )

Yugoslavia moves that
As per ETU Constitution 5.10. decisions taken at the extra-ordinary ETU Congress in Paris on
January 26 2002 be legally operative immediately following the vote
Carried by majority vote (19 in favour, 2 abstentions)

Germany moves that
The quorum for decisions inside the Executive Board be at least six (6) members, of which at
least (2) be Table Officers
Carried by majority vote (19 in favour, 2 abstentions)

Great Britain moves that
Provisions in 5.8, 5.9, 13.3, 13.5 of ETU Constitution and 7.1 & 10.3 of the Standing orders do not
apply to the extra-ordinary Congress in Paris on January 26 2002
Carried by majority vote (19 in favour, 2 abstentions)

Since there is no provision in the ETU Constitution specifying the conditions for nomination to office
at the occasion of extra-ordinary congresses, nominations from the floor are accepted.
Candidate(s) elected (other nominees between parentheses):

President:                           Didier Lehenaff, FRA               18 in favour, 3 abstentions

Vice President:                      Susanne Baur, GER                  12
                                     (Marisol Casado, ESP)               9

General Secretary:                   Dragana Pavlovic, YUG              18
                                     (Irena Chukanova, BUL)              3

Treasurer:                           Paolo Jorge Alves, POR             20 in favour, 1 abstention

Executive Board (2 women):           Ria Damgren, SWE                   21
                                     Marisol Casado, ESP                12
                                     (Irena Chukanova, BUL)              9

Executive Board (5 members):         Krzysztof Piatkowski, POL          17
                                     Gergely Markus, HUN                15
                                     Irena Chukanova, BUL               14
                                     Angelo Bonizi, ITA                 14
                                     Peter Coulson, GBR                 12
                                     (Vaclav Vitovec, CZE)              11
                                     (Jack Waldeyer, BEL)                8
                                     (Halil Kiliçoglu, TUR)              5

Lunch break at 13:00.

Afternoon session starts at 14:30.

ETU President Didier Lehenaff welcomes the newly elected Executive Board, and invites the ITU
President Les Mc Donald to address Congress. In a short speech, the ITU President confirms as a result
of the constructive decisions taken in Congress that, the European Championships will be the ITU
Regional qualifiers for the Cancun 2002 Triathlon World Championships.

Since the last three months have generated confusion and uncertainties in ETU structures and
relationship to third parties, a number of decisions have to be made to restore a constructive working
atmosphere and efficiency in ETU activities.

In order to ensure ETU’s renewed stability and growth, the ETU President moves that

Congress empowers the incoming Executive Board to gather and review all contractual
agreements signed on behalf of ETU, in order to clarify the relationship and involvement of ETU
with third parties
Carried unanimously

Congress empowers the incoming Executive Board to review ETU finances, to produce a
renewed working budget, and to operate from new ETU accounts
Carried unanimously

Congress empowers the incoming Executive Board to close the current ETU Headquarters and
transfer the files to another venue to be investigated with no delay
Carried unanimously

Congress empowers the incoming Executive Board to regain control over ETU website
Carried unanimously
Spain moves that
The incoming Executive Board explores and makes all efforts to resolve pending disputes
between ETU and its member NFs
Carried unanimously

Swetzerland moves that
When regaining control over ETU finances, priority be given to paying all debts towards athletes
Carried unanimously

Spain moves that
Discussions take place between ITU and ETU to obtain that, ETU Cup races be in the same time
ITU International point races
Carried unanimously

A number of other issues are discussed, that are all referred to the work of the incoming Executive

Given the present circumstances ETU Secretary General Dragana Pavlovic asks that, NFs be fully co-
operative in providing the Board with information needed on various issues to carry their duties.

ETU Secretary General further ensures Bulgaria and Congress that, a proper wording will be found in
the new ETU Constitution to refer to ICAS, as it is recommended by the IOC and ITU.

A final election takes place, to fill the vacancy that resulted from the resignation of Reinhard Wilke
(GER) from the Jury of Appeal, as a result of his appointment to the ITU Executive Board.
Elected: Philippe Lescure (FRA).

Congress is adjourned at 16:30.

Minutes taken by

Dragana Pavlovic
ETU General Secretary

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