The New Visionaries Pan Foundation filed an official appeal on the unconstitutional motion voted on Tuesday July 15th, to declare the organization and its members “persona non grata” based on
[1] The meeting lacked the constitutional quorum of 60% and was not duly constituted [Article 7.IV.1 & 7.IV.4]
[2] Disciplinary procedures outlined in the Constitution were not followed [Article 13]
The appeal was sent to Pan Trinbago on Monday July 28th by fax and email and a hard copy was delivered on Wednesday July 30th in accordance with the Constitution [Article 14.A.2].
The filing of the appeal renders the motion as suspended [Article 14.C.1]. This therefore means that members of the New Visionaries Pan Foundation can continue to function as delegates of their respective steel bands as the bands right of membership.
A pre-action protocol was also filed at the same time as our notice of appeal. Should Pan Trinbago fail to respond in writing – our lawyers will assume that the Appeal procedure of Article 14 as exhausted. It will then be necessary to file an application to the High Court to appeal the motion there.
ULTRA VIRES CONSTITUTION ACTIONS BY CENTRAL EXECUTIVE
ARTICLE 13 DISCIPLINE
3. All disciplinary action against a member of the region shall be taken by the Regional Executive Committee
A. DISCIPLINE OF MEMBERS - OFFENCES
13.A.1: Persistent violations of the provisions of the constitution or any other written law of the Association
WHAT PERSISTENT VIOLATIONS HAVE THE NEW VISIONARIES COMMITTED?
B. PROCEDURES FOR TRIAL
13. B.1: Written allegation against alleged offender setting out the acts and things complained of - submitted to the Regional Secretary
13. B.2: Within 14 days of submission of allegation: copies made, sent by registered mail to the accused member
TO DATE, NO SUCH WRITTEN ALLEGATION HAS BEEN ISSUED TO ANY MEMBER OF THE NEW VISIONARIES.
13. B.3 A subcommittee is appointed by the Regional Chairman to investigate the allegation- examine the facts and ascertain merit of allegation.
13. B.5 If there is no merit in the allegation – dismissal of the allegation
13. B.6 If there is merit, a trial is scheduled – 21 days prior notice of the time and place of hearing sent to all parties involved.
None of the above measures was done by the Regional Executive whose duty it is under the Constitution. The Central Executive usurped the constitution.
ARTICLE 7.IV EXTRA ORDINARY GENERAL MEETING
This was the notice sent out for the meeting scheduled for Tuesday July 15th 2014.
7. IV.1 21 days prior notice in writing stating the purpose for calling such a meeting. Notices were delivered to bands around the July 10th, even though the date of the notice was June 14th.
7. IV.4 60% of the financial membership must be present to constitute the quorum for the meeting.
Delegates of 107 steel bands [i.e. 107 – 214 persons] must be present to form the quorum
Fifty nine [59] persons were present at the meeting.
Based on the above two articles of the Constitution any decision taken at the meeting of July 15th must be considered as null and void.
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