MCC Board Latest Developments and Update (2013-07-03) In the name of Allah; the most Gracious; the most Merciful: “And obey Allah and His Apostle and do not quarrel for then you will be weak in hearts and your power will depart, and be patient; surely Allah is with the patient.” Dear Brothers and Sisters, Asalamu Alykum Wa Rahmat-ulahe Wa Barakatuh, I pray that my message reaches you whilst you are in the best of health and highest levels of Eman. Following the unfortunate events that accompanied the Elections, and the decisions which have been taken by the Election Committee, the MCC Board, met in the presence of legal council, and discussed the Election consequences, the actions of the Election Committee and the advice the Election Committee had received from the lawyer it retained (previously such lawyer’s firm having acted for the Islamic Association of North West of Calgary in opposition to the MCC), and after hearing from the lawyers who were of a common opinion on the proper course of action, and hearing from Abdulrahman Abbas previously of the Elections committee, and hearing from Nagah Hage appointed previously as advisor to the elections Committee, and referencing the Islamic principles of unity that must govern the MCC and the community, the MCC Board re-affirmed and approved the following resolutions: 1. With the refusal of one of the MCC directors to attend the last meeting held on June 25, 2013 with loss of quorum, this follow-up meeting (July 2, 2013) is now duly constituted by the bylaws with a 6 member majority quorum (a MCC member cannot consecutively fail to attend and thereby block quorum), and by its unanimous decision making 2. The decisions from the last meeting June 25, 013 were affirmed and approved unanimously, as set out below: A. Since the MAC and MCFC Constitutions and By-Laws do not authorize the Election Committee to dissolve the MCC Board, taking into consideration the fact that the Election Committee appointed by the MCC Board is solely to run the election but not to govern the MAC or the MCFC, the MCC Board remains charged with the duty of acting in the best interests of these Societies and their members according to law and Islamic principles, and is the governing power. B. The MCC re-affirmed the appointment of Clive Llewellyn of Llewellyn Law as counselor to Muslim Council of Calgary in respect of the matter relating to the irregularities occurring at the Election held on June 23rd, 2013. C. The Election that was commenced but was not completed on June 23rd, 2013 shall be deemed to be a nullity, on various irregularities, including without limitation: the loss of control of the ballet boxes during the course of the day, that individual members were improperly issued and cast more than on ballet; uncertainty regarding whether person who voted were members in good standing; the earlier halt to the election at 2:00 pm to try and regain control, and early termination of the election at 4:00 pm because of the resulting conflict that occurred at the Election. In respect of the possibility of simply having an extended election regarding the aborted Election, the MCC determined that the difficulties in determining who actually voted at the Election because of the inadequate recording that took place meant that persons could vote again on the extended date, that the (1) hour would not be sufficient to deal withal potential voters, the Election Committee now down to 3 members is improperly constituted, and the irregularities on the Election date were so all encompassing as to destroy any faith in the community in such Election. The Election Committee consultant Nagah Hage was in concurrence with the need for a fresh election process. It was the consensus that Islamic principles which govern the societies would not permit this aborted Election to go forward. D. As a result of the voting irregularities and the loss of control of the Election on June 23rd, 2013 and that fact that it now only consists of 3 of the 7 appointed persons, all members of the Election Committee appointed previously shall be and the same are immediately discharged of their duties; a new Election Committee shall be appointed upon a further resolution of the MCC and discussion with the Imams; and the Election Committee (or if necessary the Calgary Police) shall deliver up the Ballet Boxes unopened to the possession of the MCC who shall destroy the same. E. There shall be a new Election date set by the MCC upon a further meeting and Resolution of the MCC, and such Election shall involve independent and neutral administrators and scrutinizers to ensure a proper and transparent election process, including the proper issuance of ballets and determination that all members are in good standing and entitled to vote, on accordance with the requirements of the Constitution. F. We direct the previous Election Committee, now being reduced to 3 members, to be defunct and have no ability to direct the Election process. We direct the chair of that Committee to rescind his notice of the Election stated to be on July 7, 2013, and it is declared that no election shall take place on that date. G. The MCC will select an Election Committee at the next MCC meeting that will govern the Election process to proceed following Ramadan and as above this Election will be conducted by an independent third party and will be properly supervised. H. The MCC directs that the Election Committee that will be appointed will follow the Constitution and By-laws such that there will not be statutory declarations, and members will have to have made a donation of $100.00 Canadian Dollars and have received a tax receipt on an individual not family basis and must be made to MAC or MCFC directly. Members must be registered and in good standing 2 weeks prior to the election day, in order that a voting list can be set and publicized. I. The law firm BURNET, DUCKWORTH & PALMER LLP, is directed that they are not acting on behalf of the MCC or any of its committees. They are acting improperly and are in conflict in representing the former Election Committee, and they are not to conduct themselves in any way on behalf of the MCC specifically in regard to their prior conflict in which they acted on behalf of the Islamic Association of North West of Calgary, and were paid from the MAC-NW Islamic Center funds, such that they are now in conflict, appear biased, and are not to act in any way shape or form on behalf of the MCC or any of its chapters, associations or related parties including the Election Committee. J. This Council consider themselves charged to govern the affairs of the Society, and that they recognize that various improprieties have occurred and that for future peace and prosperity within the Society, we believe that the matter should be conducted outside of the Courts under Islam principles. However, to the extent that the existing Election Committee carries on without following the directions of the MCC, then this Council directs that the lawyers appointed shall attend court and obtain an injunction to restrain the Election that was announced by the now discharged Election Committee scheduled for July 7, 2013. K. A mediation Committee will be appointed by the MCC lead by the Imams Council. L. The MCC will do everything in its power to reduce the cost of such legal representation and will be collecting donations to preserve true democracy and unity in our community. You may donate to this cause at either the MAC or MCFC office. The most important things in our community are to follow Islamic Principles, trust, transparency, accountability for actions in front of Allah SWT first and foremost and in front of you the community members. I pray to Allah SWT that he guides us all to the right path and unites our hearts Ameen. I know that emotions are high right now, and there are many rumours circulating and I remind myself first of the dangers of fitnah, gheebah and buhtan. We must fear Allah SWT in all that we do. That being said, I sincerely pray that you may all forgive me for my shortcomings, we are working to the best of our abilities and I sincerely ask that you make sincere duaa for our community and that our ummah remain united in solidarity. Jazakum Allah Khair Your Brother, Abraham Ayache, Chairman Muslim Council of Calgary (MCC) * The views posted are the opinions of the individual author of each posting, and are solely meant for education, discussion, and debate, not for any illegal purpose. The authors are not responsible or liable for the intentional, reckless, or negligent actions of any individual, and we assumes no responsibility for the content of the authors. Thus, the articles and materials posted do not represent, endorse or express the views of Muslims of Calgary or any of its affiliate organizations.
Posted on: Fri, 05 Jul 2013 05:10:33 +0000
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