IOM National Class Association for GBR
Statement by IOMICA Executive on AGM Resolution 2.1  

26-08-2005   Permission has been given by the IOMICA Executive to the NCA for GBR
to publish the following additional information in respect of AGM Resolution 2.1
 
The following is a summary of a number of postings on the World Council section of the IOMICA forum.   Postings on this section of the forum,  especially in connection with matters of this sort,  are confidential to members of the World Council until otherwise notified.
 

16-08-2005   Initial statement by the Chairman
A couple of NCA Representatives have asked why the Exec does not want to pursue the Euro funds owing to us:
Quote:
2.1. NOTING
That the Organising Committee of the 2004 IOM European Championships, under the chairmanship of Eduardo "Tito" Llana, has not paid IOMICA the fees due to it from those Championships,
DESPITE
The continued attempts by the Executive Committee to obtain the payments due, the World Council
RESOLVES by committee vote
To instruct the IOMICA Executive Committee to take no further action on this matter.

The way this (or any other resolution!) is phrased is not intended to give a "hint" as to how the Exec would like to see the voting.  Quite the opposite.  We are seeking the sincere opinion of the World Council,  and expect the new Exec to accept appropriate guidance from the World Council on this issue.
 

Comment by Richard Rowan ...
The use of the term "World Council" above in this situation effectively means the will of the International body of IOM sailors as represented by the current voting taking place.
 


17-08-2005   Question by USA NCA Officer
Chairman

Perhaps you could give us some details on this issue? Specifically, have the funds been requested but refused or is this an act of good faith on the part of the class for the organizers?

Since the funds are due to the class, is there a compelling reason for the class to forgive this debt or is collecting the money a waste of time and effort?
 


17-08-2005   Reply by Chairman
It is, unfortunately, a long story. The Exec has sent a (large!) number of increasingly formaly worded requests to Tito to let us have the money due. To start with, Tito refused on the grounds that IOMICA does not have a bank account.  I don't know if you've ever tried to open an account for an Internet organisation such as IOMICA which has zero assets, more or less negligible income, and a committee spread all over the world and liable to change every two years.  It turns out it simply isn't possible in today's climate of anti-laundering and anti-terrorism laws.   When we made arrangements to have the money kept in trust by an independent third party and disbursable upon two Exec signatures, Tito stopped replying to any of our e-mails and stopped responding to any of the business of the Exec.
 
Quote:
Since the funds are due to the class, is there a compelling reason for the class to forgive this debt or is collecting the money a waste of time and effort?

As you may know, two important sponsors pulled out of the Arcos event at short notice.  However, Tito has never explained any of the finances of Arcos to us nor has he given any acceptable reason why the money cannot be paid to us immediately.  My personal view is that IOMICA should not give up at this stage, but the long-term prospects of recovering the debt get slimmer with the passage of time.

It may also be worth knowing that an entrant who sent money to Tito in good faith for Arcos,  but was then (legitimately) refused a place,  has never received his refund of around 250 USD,  despite innumerable requests and reminders from him and from the Exec.
 


26-08-2005  Response by VC Infocomms to request by NCA for GBR for a more detailed public statement
Hi Richard,  you can quote the Chairman's comments below to anyone who is interested.

Elsewhere,  the exec has had some discussion on possible actions to be taken,  you can communicate this also to your owners:
...
If the Exec is mandated to pursue these funds, then the "chain" starts with the organising authority, usually the club,   then the national class association,   then the member national authority,   then RSD,  then ISAF.

Along the way,  there would be side-branches of the "chain",   specifically, the sponsors of the event,   the owners of the lake and its associated facilities,  the regional government, and so on.
....
If the funds are not paid,   according to the Memorandum of Understanding,   the Exec *shall* suspend ESP from IOMICA:
 
Quote:

11. REMOVAL FROM MEMBERSHIP
11.3. The NCA shall be removed from membership of the World Council
11.3.1. During any period in respect of which it has not paid its subscription or other monies due to the IOM ICA.
 

So this is what we have to do,   if the World Council passes does not approve  the relevant resolution at Mooloolaba.
 
Comment by Richard Rowan ...
I have crossed out the word  "passes" at the bottom of the above panel and replaced it with  does not approve - I believe the wording of the resolution is such that if the resolution is passed,  then the matter will effectively be dropped by the Executive.