An Open Letter to Arthur Hilliker, YUFA President
Dear Arthur Hilliker,
You have used your privileged access as YUFA President to YUFA-M to circulate a statement which claims to refute the many concerns that YUFA members have been raising about the conduct of the election for the two Stewards Council representatives to Executive, dismissing these concerns as ‘misinformation’. Unfortunately your statement itself is silent on many of the relevant circumstances of this election, and fails to address the particular objections which been have raised.
You do not mention that the definition of those eligible to vote in this election and the enlargement of the voters list was changed without warning or discussion while balloting was underway.
You do not mention that the procedures for this election established by Stewards Council in November 2007 had been accepted without objection by all bodies within YUFA (including the returning officer) until they were abruptly changed in the middle of the election. Nor do you mention that YUFA had publicized these procedures to all participants and to all members as the rules that would govern the 2009 election.
You do not mention that a concern about the constitutionality of the established procedures was not so much as mentioned to the duly constituted bodies of YUFA, Stewards Council and the Executive Committee before these procedures were abruptly changed; that these bodies were given no opportunity to consider the alleged problem with the procedures or to find an appropriate solution.
You do not mention that the duly constituted bodies of YUFA were not consulted over the reference of the perceived problem to YUFA’s legal counsel, nor were they given any opportunity to present the facts of the case and frame the questions to legal counsel.
You do not acknowledge that the election procedures established by Stewards Council in 2007 have a context grounded in the constitution. That the separation of roles between Stewards Council and Executive is an underlying principle of the current constitution, that the two bodies have for some time been putting this principle into practice by limiting the voting rights of cross-appointed members to ensure this separation in decision-making, and that the 2007 election procedures are part of this pattern. You do not mention that you yourself have on some occasions prohibited the Stewards Council representatives on Executive from voting, though there is no explicit authority in the constitution for doing so.
You do not mention that you have blocked all attempts to discuss and resolve the election irregularities by the Executive, and have discounted the motion passed by Stewards Council reaffirming its procedures for the election.
You do proclaim yourself “President and Chief Fiduciary Officer”, but at the same time you refuse to acknowledge that the responsibility for resolving the irregularities in the conduct of this election lies with you and your colleagues on the Executive Committee and Stewards Council.
If a resolution is to come from within YUFA rather than be imposed from outside, then you need to acknowledge all the facts and circumstances of the situation, and to work with your elected colleagues (who also have fiduciary responsibilities) towards this end. Are you willing to take this step?
On behalf of the YUFA Democracy Caucus
Jody Berland
Paul Baxter
Malcolm Blincow
Linda Briskin
Ricardo Grinspun
Nuri Jazairi
Stan Jeffers
Jan Kainer
Nick Lary
Arun Mukherjee
Martin Muldoon
Geoffrey Reaume
Lorna Weir
Richard Wellen
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