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MINUTES of the ETU Extra-ordinary Congress held in Paris, France, on Saturday January 26th 2002 IN ATTENDANCE 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 Guests 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 resources. 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 Board. 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
"MINUTES of the ETU Extra-ordinary Congress_"