AFICS/NY to members (yet again): We regret to inform you, no meeting for you, 28 June 2016

Lowell Flanders: Post on Former and Current UN Staff Facebook page, 26 June 2016, 11.14 pm

The following is an exchange of correspondence with the President of AFICS regarding the request signed by 53 dues-paying members of AFICS to hold an extraordinary Assembly to discuss among other issues proposed changes to the AFICS By-Laws. It demonstrates clearly the contempt which the President and the Board of AFICS holds for the legitimate requests of its members. This high handed resort to faux legalisms is typical of authority structures that operate without regard to democratic procedures and transparency:

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2 June, 2016

To: The President and Governing Board
AFICS/NY

Dear President and Governing Board members,

Please find attached page one (of 18 pages) of a self-explanatory request, signed by 55 AFICS members, for an extraordinary meeting of the assembly, under Article IV of the AFICS By-Laws.

The original of the request in its entirety (18 pages total) was delivered today by hand by Loraine Rickard-Martin to the AFICS office and signed for as received by Ms. Veronique Whalen.

Thank you for your attention.

Sincerely,

Lowell Flanders
Loraine Rickard-Martin

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7 June 2016

Dear Loraine,

The Governing Board of AFICS/NY is in receipt of a note dated 2 June 2016 from you and 53 other signatories requesting that an extraordinary meeting of the AFICS/NY Assembly be convened chiefly to consider a revision of the Association’s By-Laws.

As you know, and as indicated in the cover note to your petition, any proposal to amend the AFICS/NY By-Laws must follow the procedure set out in Article VIII of said By-Laws. If and when a proposal to amend the By-Laws is submitted in the form and manner prescribed in Article VIII, it will be duly considered in full conformity with the existing By-Laws.

As regards the request for distribution of documents submitted to the UNJSPF Board, I refer to the answer provided at our recent Assembly whereby it was indicated that authority on this matter is vested in the Pension Board, not in AFICS/NY.

On budget and finance matters, full financial statements were provided at the Assembly. If you have specific questions, our Treasurer will respond.

Going forward, the Board believes that our mutual interests would be better served by cooperation between us. Members of the Governing Board and I remain available for informal consultations.

Sincerely,
Linda Saputelli
President, AFICS/NY on behalf of the Governing Board

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13 June 2016

Dear Linda,

There seems to be some confusion among your “legal advisers” about what is being requested and what the proper procedures are under the By-Laws.

Our note of 2 June 2016 signed by 53 AFICS members was for the convening of an extraordinary assembly to discuss three agenda items that could not be adequately addressed at the recent Annual Assembly. That request is governed by Article IV (3)

“3. The Governing Board may convene an extraordinary meeting of the Assembly, and shall do so upon receipt of a written request from at least fifty members of the Association. Notice of the time, place and agenda of the extraordinary meeting shall be sent to all members of the Association not less than fourteen days in advance of the meeting.”

We did not request a meeting for the purpose of amending the by-laws, which is governed by Article VIII:

“On the proposal of the Governing Board or at the written request of at least fifty members of the Association, these by-laws may be amended by the Assembly by a vote of two thirds of the members present and voting, provided that notice has been sent to all members, accompanied by a copy of the proposed amendments, not less than thirty days in advance of the meeting at which the vote is to be taken.”

We are proposing that this process proceed in two phases as indicated above. First, an extraordinary general meeting to give members an opportunity to discuss the proposed changes and make their views known, to be carried out under Article IV (3). The second stage would be an Assembly to actually vote on the proposed changes after any comments and ideas proposed at the first meeting are taken on board, as appropriate.

So, please honor the request made by 53 members under Article IV(3) to hold an extraordinary Assembly discuss the three proposed agenda items, including those proposals for amending the By-Laws.

Sincerely,
Loraine Rickard-Martin
Lowell Flanders

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23 June 2016

Dear Loraine,

I refer to your reply of 13 June to my note of 7 June. First, let me assure you that there is no "confusion" among those you call my "legal advisers". Let me also reiterate that the procedure set out in Article VIII of the AFICS/NY By-Laws requires signed requests from 50 members in good standing for the consideration of any amendment to the By-Laws. This has not been followed and there is no provision in the By-Laws for the "two-phase" process you propose.

Regarding the other two matters you indicate you would like to have on an agenda, access to all Pension Board documents and a budget/financial report from AFICS/NY, answers were already provided at the Annual Assembly and in my email of 7 June; raising them again at an extraordinary meeting would not result in answers different from the ones already provided.

Sincerely,
Linda Saputelli
President
AFICS/NY

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