TERMINATION WAS UNJUST - Josie Fernandez wallops back at TI-M's 6 exco

My termination as a Member of Persatuan Transparensi dan Integriti Malaysia is unjust, excessive and a pre-judgement of issues.

The recent actions taken by 6 members of the Executive Committee of Persatuan Transparensi dan Integriti Malaysia ( known as TI-M) leading up to termination of my membership impinges on the very core of what the Society is meant to represent, namely, the observance of due process and transparency by decision makers.

Various matters of concern affecting internal management of the Society arose recently which are pending determination by the appropriate bodies and a pre-judgement of these issues by the TI-M EXCO at a meeting of six members on 2/9/13 is regrettable.

The inquiry by the Registrar of Societies (“ROS”) into the conduct of the affairs of the Society including the validity of the Society’s EGM convened on 20 July 2013 is currently pending.

For all intents and purposes the ROS has acknowledged me as the Secretary General of TI-M on July 25 2013.

The entire basis of the complaints listed in the show cause letter dated 16 August 2013 (see attachment) hinges on my actions taken in furtherance of my duties and responsibilities as the Secretary General of the Society at the material time, in particular, my efforts to submit to the ROS the Annual Returns of the Society approved at the AGM convened on 28 April 2013. The submission of the Annual Returns is a statutory requirement under section 14 of the Societies Act 1966 which falls on the incumbent Secretary General.

Members have requisitioned for a fresh EGM to address a number of issues:

i. Calls for the nullification of the EGM 20 July 2013 as ineligible members in arrears participated at the EGM contrary to the Constitution of the Society.

ii. Requisitioning Members are of the view that that the position as to the Secretary General is inconclusive as Loi Kheng Meng had produced a document purportedly issued by the ROS at the EGM of 20 July 2013 which mislead the General Meeting to believe that the ROS had recognized Loi as the lawful Secretary General.

iii. The EGM to look into the conduct of the EXCO including the denial of access to my Sec Gen email, removal of files and documents related to various matters including the AGM of 28/4/13

As provided by the Constitution of the Society, I have requested that the matter of my suspension and termination as a member of the Society by the EXCO be put before the Extraordinary General Meeting for consideration by the Members in accordance with Article VIII (3) – the EXCO should respect the due process accorded in the Constitution and the concerns of TI-M members who have called for an EGM to resolve the affairs of the Society by holding the EGM soonest.

Positions held by Josie Fernandez at TI-M

Secretary General

Chair Fundraising

Chair Coalition for Forest Governance and Integrity

Head Transparency in Defence/Security Programme

Head Corruption in Labour Migration

As SecGen, in charge of regional/international cooperaton

Issued by

Josie Fernandez

Confirmation as Secretary General by ROS

From: Sistem Elektronik Jabatan Pendaftaran Pertubuhan Malaysia < admin_roses@ros.gov.my>To: josifez@yahoo.com Sent: Thursday, July 25, 2013 10:29 AMSubject: Makluman: Penukaran Setiausaha Pertubuhan

Penukaran Setiausaha Pertubuhan

Nama Pertubuhan : PERSATUAN TRANSPARENSI DAN INTEGRITI MALAYSIA (THE MALAYSIAN SOCIETY FOR TRANSPARENCY AND INTEGRITY)

Nombor Pertubuhan : PPM-007-10-28081999

Setiausaha Lama: LOI KHENG MIN

Setiausaha Baru: JOSIE FERNANDEZ

Keputusan: LULUS

Tarikh Keputusan: 2013-07-25 10:29:20

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Background and Status of Key Meetings

Meeting	Outcome	Status
15th Annual General Meeting of TI-M , April 28,2013	Exco elected Josie Fernandez elected as Secretary General for 2nd term.	Josie Fernandez carries out statutory function of Sec Gen to file Annual Returns as required by Societies Act 1966. Given password by ROS etc in mid July and starts 1st stage of filing in ne Electronic System of ROS (E-roses). 18 Jul ROS accepts JF as Pengguna E-roses. On 25 Jul ROS recognizes JF as Secretary General, TI-M for all intents and purposes.
Exco Meeting May 24	Paul Low Resigns Exco goes ahead with elections to fill vacancies. JF disagrees with secret ballots , disagrees with four out of six exco vying for VP positions. States verbally intention to resign as Sec Gen, requests for two weeks to complete her statutory functions as Sec Gen, complete fundraising, staff evaluation/contracts. Exco agreed. Then at same meeting declared Josie resigned when she had not tendered her resignation.	Members requisition for EGM (Jul 20) as Exco did not adhere to Article X (c) of Constitution –states when a vacancy occurs, it shall be filled at the next meeting or thereafter.
EGM 20 Jul , 2013	EGM is null and void as members in arrears requisitioned and participated at EGM. Secretary General issue not resolved as Loi Kheng Meng claims document from ROS shows him as Sec Gen	Members are requisitioning for a fresh EGM