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[title] => Re: Board requirements and composition
[body] => Dear Team,
I propose that the composition of the Board comprises of eight members including the Chair, Vice Chair, Secretary, Assistant Secretary, Treasurer, Organizing/Publicity Secretary, a Government agency representative and a Civil Society representative.
The overall mandate of the Board will be to supervise the Nabuur by establishing policies and procedures directed at promoting and monitoring good corporate governance and effective corporate management.
I also propose that once the Board is established, members from therein will form two important committees namely:
1. PROGRAMME ADVISORY COMMITTEE
2. FINANCE AND ADMINISTRATION COMMITTEE
I will in the near future post the terms of reference for the two committees for your kind consideration.
I will also work out a document on the Role and Responsibilities of Board.
Regards,
Denis Marsha
[teaser] => Dear Team,
I propose that the composition of the Board comprises of eight members including the Chair, Vice Chair, Secretary, Assistant Secretary, Treasurer, Organizing/Publicity Secretary, a Government agency representative and a Civil Society representative.
The overall mandate of the Board will be to supervise the Nabuur by establishing policies and procedures directed at promoting and monitoring good corporate governance and effective corporate management.
I also propose that once the Board is established, members from therein will form two important committees namely:
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I propose that the composition of the Board comprises of eight members including the Chair, Vice Chair, Secretary, Assistant Secretary, Treasurer, Organizing/Publicity Secretary, a Government agency representative and a Civil Society representative.
The overall mandate of the Board will be to supervise the Nabuur by establishing policies and procedures directed at promoting and monitoring good corporate governance and effective corporate management.
I also propose that once the Board is established, members from therein will form two important committees namely:
1. PROGRAMME ADVISORY COMMITTEE
2. FINANCE AND ADMINISTRATION COMMITTEE
I will in the near future post the terms of reference for the two committees for your kind consideration.
I will also work out a document on the Role and Responsibilities of Board.
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[title] => Indemnity insurance against legall liabilities.
[body] => ***Insurance is important.
For all those wishing to deal with the Constitution, Governance Good practice etc. Please be aware that European Law imposes different obligations on NGOs and that sometimes for certain documents to be "legally executed instruments" or at least one that shows "intent of the formation of the organisation" there are certain requirements that may need to be satisfied seperate from Dutch law.
Please also Be aware that whether Volunteers drafting the documments, current Statutory Directors, Interim boards and/or Fully elected Board members, it is advisable to consider the issue of "Professional indemnity insurance against legal liabilities". That is "insurance paid for " to protect members from being sued or taken to court for failure of a whole organisation to meet their legally imposed requirements.
Especially if laws change in the future.
This is not saying that you will sued. It is saying that it is important anyone working on this area feels "protected" from being held liable for the actions of the whole organisations that they may not have any say in the decision process of. Doctors have to get it. Lawyers have to get this. IT contractors usally pay for this, as do teachers etc..etc.. in Europe & North America.
I want all volunteers working on this to be protected one way or another. I suggest an Interim Board with paid for insurance by Nabuur.com
If not, then something else needs to be in place before 1 June to cover that so Denis, Lynley, myself or anyone else that works on this is protected and not be "deemed as serving the role of ...."
[teaser] => ***Insurance is important.
For all those wishing to deal with the Constitution, Governance Good practice etc. Please be aware that European Law imposes different obligations on NGOs and that sometimes for certain documents to be "legally executed instruments" or at least one that shows "intent of the formation of the organisation" there are certain requirements that may need to be satisfied seperate from Dutch law.
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For all those wishing to deal with the Constitution, Governance Good practice etc. Please be aware that European Law imposes different obligations on NGOs and that sometimes for certain documents to be "legally executed instruments" or at least one that shows "intent of the formation of the organisation" there are certain requirements that may need to be satisfied seperate from Dutch law.
Please also Be aware that whether Volunteers drafting the documments, current Statutory Directors, Interim boards and/or Fully elected Board members, it is advisable to consider the issue of "Professional indemnity insurance against legal liabilities". That is "insurance paid for " to protect members from being sued or taken to court for failure of a whole organisation to meet their legally imposed requirements.
Especially if laws change in the future.
This is not saying that you will sued. It is saying that it is important anyone working on this area feels "protected" from being held liable for the actions of the whole organisations that they may not have any say in the decision process of. Doctors have to get it. Lawyers have to get this. IT contractors usally pay for this, as do teachers etc..etc.. in Europe & North America.
I want all volunteers working on this to be protected one way or another. I suggest an Interim Board with paid for insurance by Nabuur.com
If not, then something else needs to be in place before 1 June to cover that so Denis, Lynley, myself or anyone else that works on this is protected and not be "deemed as serving the role of ...."
0
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[title] => Re: Can we get a representative board for the governance & election?
[body] => Hi Cecilia,
Just need to put records straight, I am not a qualified lawyer (I have prosecuted cases in criminal court but not as a solicitor). I am close to completion of my LLB, and my qualifications are BA, BSSc, MPH, MPH(res), JP. I have 20 years working within the criminal justice system. I have (besides writing a Constitution for NESC which was granted NGO status) 11 years experience on voluntary boards.
Thanks Cecilia also for following up on the (very very important) board insurance issue!
[teaser] => Hi Cecilia,
Just need to put records straight, I am not a qualified lawyer (I have prosecuted cases in criminal court but not as a solicitor). I am close to completion of my LLB, and my qualifications are BA, BSSc, MPH, MPH(res), JP. I have 20 years working within the criminal justice system. I have (besides writing a Constitution for NESC which was granted NGO status) 11 years experience on voluntary boards.
Thanks Cecilia also for following up on the (very very important) board insurance issue!
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Just need to put records straight, I am not a qualified lawyer (I have prosecuted cases in criminal court but not as a solicitor). I am close to completion of my LLB, and my qualifications are BA, BSSc, MPH, MPH(res), JP. I have 20 years working within the criminal justice system. I have (besides writing a Constitution for NESC which was granted NGO status) 11 years experience on voluntary boards.
Thanks Cecilia also for following up on the (very very important) board insurance issue!
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[title] => Re: Can we get a representative board for the governance & election?
[body] => Dear All,
Iam a Neighbour to this village.
Sorry for taking long without
contributing to this village
activities.
It has not been deliberate but
I had busy schedules of work.
However, I have to mention one
thing that I suggested a study-
visit to this village by some
people from Bukoggolwa Village
which I represent and never had
some response whether negative
or positive.
I felt the representative may
be did not welcome our idea.
But I needed an answer for
co-ordination.
Besides that all that, I have
been in the NGO Sector for over
20 years and such issues involving
the representation on board,governance
and election are not new to me.
All these are derived from the nature
of the constitution already in place
or the one that might be drafted for
adoption with the concesus of a
given group.
I need to know where you are heading
now?
Thank you.
Sulaiman Gumila Mbuga
Local Representative,
Bukoggolwa(www.nabuur.com/en/village/bukoggolwa)
Tel:+256-751-434743 or +256-712-976679.
E-mail:bukoggolwa@gmail.com
[teaser] => Dear All,
Iam a Neighbour to this village.
Sorry for taking long without
contributing to this village
activities.
It has not been deliberate but
I had busy schedules of work.
However, I have to mention one
thing that I suggested a study-
visit to this village by some
people from Bukoggolwa Village
which I represent and never had
some response whether negative
or positive.
I felt the representative may
be did not welcome our idea.
But I needed an answer for
co-ordination.
Besides that all that, I have
been in the NGO Sector for over
20 years and such issues involving
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Iam a Neighbour to this village.
Sorry for taking long without
contributing to this village
activities.
It has not been deliberate but
I had busy schedules of work.
However, I have to mention one
thing that I suggested a study-
visit to this village by some
people from Bukoggolwa Village
which I represent and never had
some response whether negative
or positive.
I felt the representative may
be did not welcome our idea.
But I needed an answer for
co-ordination.
Besides that all that, I have
been in the NGO Sector for over
20 years and such issues involving
the representation on board,governance
and election are not new to me.
All these are derived from the nature
of the constitution already in place
or the one that might be drafted for
adoption with the concesus of a
given group.
I need to know where you are heading
now?
Thank you.
Sulaiman Gumila Mbuga
Local Representative,
Bukoggolwa(www.nabuur.com/en/village/bukoggolwa)
Tel:+256-751-434743 or +256-712-976679.
E-mail:bukoggolwa@gmail.com
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[title] => Re: Can we get a representative board for the governance & election?
[body] => Suliaman wrote: I need to know where you are heading now?
My response in a brief summary:
a) All the people & resources are in place to convene and interim board that would lead up to the 1 June election.
But current Director and Board does not want any changes until 1 June.
b) Meanwhile items that will affect the "running of nabuur" strategically & budgetary wise that will affect the next 2-3 years of Nabuur Strategy are being decided before 1 June (without an AGM meeting or voting process)
e.g. Should 10K Euros be paid to existing group of developers to "whisk us a need website" or should we utilise more of the extremely qualified volunteers all over the world currently on Nabuur.com ?
Response from current decision maker is: Yes, current paid team is the "bid" accepted (though there was no open bid for the contract nor a tangible proposal) and we are running with the 10K development and "other volunteers" can contribute but will not be involved in the "full steam ahead Pelle & Rolf proposals".
c) I have repeatedly ask for some "Libaility Insurance" for those wishing to work on the Nabuur governance and future elected Nabuur board who may be Liable for the decisions made before the 1 June.
Response is: there is no money in the budget for that.
d) There is some issues of "being rude" if (a) (b) & (c) are pointed out to the current decision makers.
That is my quick summary. Hope it is useful. :)
Cecilia
P.S Lynley, you know what you are doing. I know what I am doing. Niels & Raul know what they are doing. In fact...none of this is rocket science. I think the "will" to "let good professional volunteers do our best" is not quite there yet...I hope this will change very soon. :)
Have a good weekend!
[teaser] => Suliaman wrote: I need to know where you are heading now?
My response in a brief summary:
a) All the people & resources are in place to convene and interim board that would lead up to the 1 June election.
But current Director and Board does not want any changes until 1 June.
b) Meanwhile items that will affect the "running of nabuur" strategically & budgetary wise that will affect the next 2-3 years of Nabuur Strategy are being decided before 1 June (without an AGM meeting or voting process)
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Suliaman wrote: I need to know where you are heading now?
My response in a brief summary:
a) All the people & resources are in place to convene and interim board that would lead up to the 1 June election.
But current Director and Board does not want any changes until 1 June.
b) Meanwhile items that will affect the "running of nabuur" strategically & budgetary wise that will affect the next 2-3 years of Nabuur Strategy are being decided before 1 June (without an AGM meeting or voting process)
e.g. Should 10K Euros be paid to existing group of developers to "whisk us a need website" or should we utilise more of the extremely qualified volunteers all over the world currently on Nabuur.com ?
Response from current decision maker is: Yes, current paid team is the "bid" accepted (though there was no open bid for the contract nor a tangible proposal) and we are running with the 10K development and "other volunteers" can contribute but will not be involved in the "full steam ahead Pelle & Rolf proposals".
c) I have repeatedly ask for some "Libaility Insurance" for those wishing to work on the Nabuur governance and future elected Nabuur board who may be Liable for the decisions made before the 1 June.
Response is: there is no money in the budget for that.
d) There is some issues of "being rude" if (a) (b) & (c) are pointed out to the current decision makers.
That is my quick summary. Hope it is useful. :)
Cecilia
P.S Lynley, you know what you are doing. I know what I am doing. Niels & Raul know what they are doing. In fact...none of this is rocket science. I think the "will" to "let good professional volunteers do our best" is not quite there yet...I hope this will change very soon. :)
Have a good weekend!
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[title] => Re: Can we get a representative board for the governance & election?
[body] => Dear Colleagues,
I have been following the issue of Interim Board with great concern!
I kindly propose that we first put a draft working constitution in place that will also address the issue of interim board. The same constitution would address some of the key mandates of the interim board.
Nabuur can not have two boards i.e. the interim and current board [stepping down in June] running concurrently. The interim board would arise if by June 1, a new board has not been selected.
At this time we are simply manadated to come up with best bet practice policies such as a constitution that will guide us during the transition and thereafter. The same should address the issue of selection of board members.
Best regards,
Denis Marsha
[teaser] => Dear Colleagues,
I have been following the issue of Interim Board with great concern!
I kindly propose that we first put a draft working constitution in place that will also address the issue of interim board. The same constitution would address some of the key mandates of the interim board.
Nabuur can not have two boards i.e. the interim and current board [stepping down in June] running concurrently. The interim board would arise if by June 1, a new board has not been selected.
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I have been following the issue of Interim Board with great concern!
I kindly propose that we first put a draft working constitution in place that will also address the issue of interim board. The same constitution would address some of the key mandates of the interim board.
Nabuur can not have two boards i.e. the interim and current board [stepping down in June] running concurrently. The interim board would arise if by June 1, a new board has not been selected.
At this time we are simply manadated to come up with best bet practice policies such as a constitution that will guide us during the transition and thereafter. The same should address the issue of selection of board members.
Best regards,
Denis Marsha
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[title] => Re: Can we get a representative board for the governance & election?
[body] => Dear Denis
Please note my explanation of the transparency issues of the board right now pre- 1 June.
Currently there are two people making the final decisions on all documents, constitutions etc...
Those of us that are asking for a transitional board, interim board, advisory board are simply saying:
a) whatever we draft should come from a bit more representative of peers ie. country rep. volunteers etc...and the final documents should be voted on.
b) whatever that is being decided by 2 people will have legal obligations for subsequent boards & future members 2-3 years after 1 June.
Please note, at the moment, there are no "official board mandates" because Nabuur do not have a constitutional documents to "mandate" anything. If "mandate" means permissions being given by Siegfried and 1 other Board member, that it is just as possible to "give permissions for more people to vote on the final document and decisions".
Can you explain what you see as the advantage of current status quo?
If you can explain in more details, that would be great.
CEcilia
[teaser] => Dear Denis
Please note my explanation of the transparency issues of the board right now pre- 1 June.
Currently there are two people making the final decisions on all documents, constitutions etc...
Those of us that are asking for a transitional board, interim board, advisory board are simply saying:
a) whatever we draft should come from a bit more representative of peers ie. country rep. volunteers etc...and the final documents should be voted on.
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Please note my explanation of the transparency issues of the board right now pre- 1 June.
Currently there are two people making the final decisions on all documents, constitutions etc...
Those of us that are asking for a transitional board, interim board, advisory board are simply saying:
a) whatever we draft should come from a bit more representative of peers ie. country rep. volunteers etc...and the final documents should be voted on.
b) whatever that is being decided by 2 people will have legal obligations for subsequent boards & future members 2-3 years after 1 June.
Please note, at the moment, there are no "official board mandates" because Nabuur do not have a constitutional documents to "mandate" anything. If "mandate" means permissions being given by Siegfried and 1 other Board member, that it is just as possible to "give permissions for more people to vote on the final document and decisions".
Can you explain what you see as the advantage of current status quo?
If you can explain in more details, that would be great.
CEcilia
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[title] => Re: Can we get a representative board for the governance & election?
[body] => Hullo Cecilia,
The way things have been discussed right from
where I also joined this village, what is most
pertinent are issues of good governance,transparency,
accountabilty and regional representation.
All these must be reflected in the draft constitution
which must be in place for discussion before the June
1,2010.
What Iam sensing are the powers that are still in
charge of NABUUR TRANSITION.
How much power do they still want to put in the transition?
What is the role of other stake-holders in this transition?
Who are the Trustees of NABUUR GLOBAL to be genuinely
accountable and observing good governance with relevant
structures in place for checks and balances?
Who shall be responsible to be as the overseer in this
transition for smooth hand over to the New Board if
that happens after June 1,2010?
Is it not necessary for an emergency meeting or fora
before the transition?
ALL these and many other questions must be addressed
for a smooth hand over.
These and other questions should be addressed before
we
[teaser] => Hullo Cecilia,
The way things have been discussed right from
where I also joined this village, what is most
pertinent are issues of good governance,transparency,
accountabilty and regional representation.
All these must be reflected in the draft constitution
which must be in place for discussion before the June
1,2010.
What Iam sensing are the powers that are still in
charge of NABUUR TRANSITION.
How much power do they still want to put in the transition?
What is the role of other stake-holders in this transition?
Who are the Trustees of NABUUR GLOBAL to be genuinely
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The way things have been discussed right from
where I also joined this village, what is most
pertinent are issues of good governance,transparency,
accountabilty and regional representation.
All these must be reflected in the draft constitution
which must be in place for discussion before the June
1,2010.
What Iam sensing are the powers that are still in
charge of NABUUR TRANSITION.
How much power do they still want to put in the transition?
What is the role of other stake-holders in this transition?
Who are the Trustees of NABUUR GLOBAL to be genuinely
accountable and observing good governance with relevant
structures in place for checks and balances?
Who shall be responsible to be as the overseer in this
transition for smooth hand over to the New Board if
that happens after June 1,2010?
Is it not necessary for an emergency meeting or fora
before the transition?
ALL these and many other questions must be addressed
for a smooth hand over.
These and other questions should be addressed before
we
5
Average: 5(1 vote)
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[title] => Re: Can we get a representative board for the governance & election?
[body] => Hi Celilia,
My concern is that we have not yet put the constitution in place! We should be doing this at this time and not to see whether the current board has the mandates or not or how many board members there are!
Let us put all the required legal documents in place and make sure that the during the selection of the board these drafts will be followed as a measure. The incoming board as at 1 June will further start with the task of adopting what we have put in place.
I would like to look at the draft constitution that has been put in place so far, before I start debating on whether the current board has mandates please.
Cheers,
Denis Marsha
[teaser] => Hi Celilia,
My concern is that we have not yet put the constitution in place! We should be doing this at this time and not to see whether the current board has the mandates or not or how many board members there are!
Let us put all the required legal documents in place and make sure that the during the selection of the board these drafts will be followed as a measure. The incoming board as at 1 June will further start with the task of adopting what we have put in place.
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My concern is that we have not yet put the constitution in place! We should be doing this at this time and not to see whether the current board has the mandates or not or how many board members there are!
Let us put all the required legal documents in place and make sure that the during the selection of the board these drafts will be followed as a measure. The incoming board as at 1 June will further start with the task of adopting what we have put in place.
I would like to look at the draft constitution that has been put in place so far, before I start debating on whether the current board has mandates please.
Cheers,
Denis Marsha
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[body] => Hi Denis
Have you put together a draft? I would like to see what Romina, Mary and you have written. Have you gotten Siegfrieds approval on the insurance?
I don't think Cecilia have been around in Nabuur for long enough to add any more for the moment as Romina have pointed out.
I think it is time for all of you who decided that Cecilia was rocking the boat to much to put something together so that you know what you want to do by the 1st June.
Niels
[teaser] => Hi Denis
Have you put together a draft? I would like to see what Romina, Mary and you have written. Have you gotten Siegfrieds approval on the insurance?
I don't think Cecilia have been around in Nabuur for long enough to add any more for the moment as Romina have pointed out.
I think it is time for all of you who decided that Cecilia was rocking the boat to much to put something together so that you know what you want to do by the 1st June.
Niels
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Have you put together a draft? I would like to see what Romina, Mary and you have written. Have you gotten Siegfrieds approval on the insurance?
I don't think Cecilia have been around in Nabuur for long enough to add any more for the moment as Romina have pointed out.
I think it is time for all of you who decided that Cecilia was rocking the boat to much to put something together so that you know what you want to do by the 1st June.
Niels
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[body] => Bye the way Siegfried, I have heard a lot of different rumours, can you please confirm if you are stepping down on the 1st of June or not?
Regards
Niels
[teaser] => Bye the way Siegfried, I have heard a lot of different rumours, can you please confirm if you are stepping down on the 1st of June or not?
Regards
Niels
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Bye the way Siegfried, I have heard a lot of different rumours, can you please confirm if you are stepping down on the 1st of June or not?
Regards
Niels
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[title] => Re: Can we get a representative board for the governance & election?
[body] => Dear Denis Marsha,
I and u live in Uganda. But have you at anytime informed
us of the Interim Board and where did it get its mandate?
I understand you participated in NabuurCamp and we are
still asking of what transpired from the camp because you
went to represent us from Uganda and Africa in general.
You are accountable to us and we would expect a full report
of what transpired. You have not done that.
Further,has the interim board mandate from the Local Representative of
different Villages globally and when was it elected as
fully representative to entire membership?
If it was then it is okay.
Who is it answerable to it?
What is the composition of the interim board?
What do you mean by current board?
To me and probably others have a feeling that when you went to
Amsterdam you represented your interests. That is why you have been
quiet until this time when the most sensitive and crucial issues are now critically
discussed. That is why you are trying to say everything is alright.
Remember all resources are important from the initial plan,implementation,
monitoring and strategic planning for sustainable development.
That is why Iam very critical of participatory involvement of all stakeholders
in Nabuur for all that can take place at different stages of development.
At the moment, what I understand is that there is no official working document
which can binding on all stakeholders be it Africa,Asia,Caribean and Pacific areas,
Australia,Europe and United States of America.
Remember, this document call it the Constitution of Nabuur should be acceptable
and legally binding for us all to perform without hinderance having instruments
of power for good governance ,transparancy and accountability.
Today, those are the values that are cherished in all institutions be it
government, private and civil society sectors.
Mr.Denis Marsha, at this time you should not shy away from your noble responsibility
of knowing that we are at crossroads to put in place relevant structures to ensure
those values mentioned before June 1.
What I expected from you is to suggest a forum or ideas of how we can manage the
transition before June 1.
For now, different villages be it in Africa,Asia,Europe, and elsewhere are not
sure of which way to go. There are missing links already created by the unknown
interim board,its composition,its reporting system,its mandate,roles of local representatives,
roles of facilitators,its donor funding sources and accountability,tenureship of the board
and so on.
So, it is not late before June 1, to convene an International Forum to clear those issues.
Short of that, we are still having enormous tasks for a credible Nabuur.
Thank you.
Sulaiman Gumila Mbuga
Local Representative,
Bukoggolwa Village
(www.nabuur.com/en/village/bukoggolwa)
Tel:+256-751-434743.
E-mail:bukoggolwa@gmail.com
[teaser] => Dear Denis Marsha,
I and u live in Uganda. But have you at anytime informed
us of the Interim Board and where did it get its mandate?
I understand you participated in NabuurCamp and we are
still asking of what transpired from the camp because you
went to represent us from Uganda and Africa in general.
You are accountable to us and we would expect a full report
of what transpired. You have not done that.
Further,has the interim board mandate from the Local Representative of
different Villages globally and when was it elected as
fully representative to entire membership?
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I and u live in Uganda. But have you at anytime informed
us of the Interim Board and where did it get its mandate?
I understand you participated in NabuurCamp and we are
still asking of what transpired from the camp because you
went to represent us from Uganda and Africa in general.
You are accountable to us and we would expect a full report
of what transpired. You have not done that.
Further,has the interim board mandate from the Local Representative of
different Villages globally and when was it elected as
fully representative to entire membership?
If it was then it is okay.
Who is it answerable to it?
What is the composition of the interim board?
What do you mean by current board?
To me and probably others have a feeling that when you went to
Amsterdam you represented your interests. That is why you have been
quiet until this time when the most sensitive and crucial issues are now critically
discussed. That is why you are trying to say everything is alright.
Remember all resources are important from the initial plan,implementation,
monitoring and strategic planning for sustainable development.
That is why Iam very critical of participatory involvement of all stakeholders
in Nabuur for all that can take place at different stages of development.
At the moment, what I understand is that there is no official working document
which can binding on all stakeholders be it Africa,Asia,Caribean and Pacific areas,
Australia,Europe and United States of America.
Remember, this document call it the Constitution of Nabuur should be acceptable
and legally binding for us all to perform without hinderance having instruments
of power for good governance ,transparancy and accountability.
Today, those are the values that are cherished in all institutions be it
government, private and civil society sectors.
Mr.Denis Marsha, at this time you should not shy away from your noble responsibility
of knowing that we are at crossroads to put in place relevant structures to ensure
those values mentioned before June 1.
What I expected from you is to suggest a forum or ideas of how we can manage the
transition before June 1.
For now, different villages be it in Africa,Asia,Europe, and elsewhere are not
sure of which way to go. There are missing links already created by the unknown
interim board,its composition,its reporting system,its mandate,roles of local representatives,
roles of facilitators,its donor funding sources and accountability,tenureship of the board
and so on.
So, it is not late before June 1, to convene an International Forum to clear those issues.
Short of that, we are still having enormous tasks for a credible Nabuur.
Thank you.
Sulaiman Gumila Mbuga
Local Representative,
Bukoggolwa Village
(www.nabuur.com/en/village/bukoggolwa)
Tel:+256-751-434743.
E-mail:bukoggolwa@gmail.com
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[body] => Hi Sulaiman,
Just to reassure you - the people at the camp never agreed on an interim board. There is none - only the normal board that will be in function until 1st of June and then step down to leave space for a new board. The group discussing in this group was only charged to establish a draft new cosntitution, to look into legal issues and to propose a procedure for the election of a new board.
I hope this helps. By the way, Siegfried, Cecilia, Lynley, Dennis, where are you with your discussions? Could we get a quick update?
Thanks,
Maria
[teaser] => Hi Sulaiman,
Just to reassure you - the people at the camp never agreed on an interim board. There is none - only the normal board that will be in function until 1st of June and then step down to leave space for a new board. The group discussing in this group was only charged to establish a draft new cosntitution, to look into legal issues and to propose a procedure for the election of a new board.
I hope this helps. By the way, Siegfried, Cecilia, Lynley, Dennis, where are you with your discussions? Could we get a quick update?
Thanks,
Maria
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Just to reassure you - the people at the camp never agreed on an interim board. There is none - only the normal board that will be in function until 1st of June and then step down to leave space for a new board. The group discussing in this group was only charged to establish a draft new cosntitution, to look into legal issues and to propose a procedure for the election of a new board.
I hope this helps. By the way, Siegfried, Cecilia, Lynley, Dennis, where are you with your discussions? Could we get a quick update?
Thanks,
Maria
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[body] => Hi Sulaiman,
As Maria has noted there is no interim board.
However we need to come up with a constution that will address key issues of managing Nabuur.
In addition, we are also to collect volunteers, Local village representatives and facilitators views about Nabuur affairs. These will be forwarded for deliberations and considerations to the new board that will come in after June 1, 2010.
We have not yet come up with a draft document although ideas are being collected in effect. Siegfried will give us an update on this development.
Regards,
Denis Marsha
[teaser] => Hi Sulaiman,
As Maria has noted there is no interim board.
However we need to come up with a constution that will address key issues of managing Nabuur.
In addition, we are also to collect volunteers, Local village representatives and facilitators views about Nabuur affairs. These will be forwarded for deliberations and considerations to the new board that will come in after June 1, 2010.
We have not yet come up with a draft document although ideas are being collected in effect. Siegfried will give us an update on this development.
Regards,
Denis Marsha
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However we need to come up with a constution that will address key issues of managing Nabuur.
In addition, we are also to collect volunteers, Local village representatives and facilitators views about Nabuur affairs. These will be forwarded for deliberations and considerations to the new board that will come in after June 1, 2010.
We have not yet come up with a draft document although ideas are being collected in effect. Siegfried will give us an update on this development.
Dear Team,
I propose that the composition of the Board comprises of eight members including the Chair, Vice Chair, Secretary, Assistant Secretary, Treasurer, Organizing/Publicity Secretary, a Government agency representative and a Civil Society representative.
The overall mandate of the Board will be to supervise the Nabuur by establishing policies and procedures directed at promoting and monitoring good corporate governance and effective corporate management.
I also propose that once the Board is established, members from therein will form two important committees namely:
1. PROGRAMME ADVISORY COMMITTEE
2. FINANCE AND ADMINISTRATION COMMITTEE
I will in the near future post the terms of reference for the two committees for your kind consideration.
I will also work out a document on the Role and Responsibilities of Board.
Regards,
Denis Marsha
Thank Denis
Some good ideas!
:-)
***Insurance is important.
For all those wishing to deal with the Constitution, Governance Good practice etc. Please be aware that European Law imposes different obligations on NGOs and that sometimes for certain documents to be "legally executed instruments" or at least one that shows "intent of the formation of the organisation" there are certain requirements that may need to be satisfied seperate from Dutch law.
Please also Be aware that whether Volunteers drafting the documments, current Statutory Directors, Interim boards and/or Fully elected Board members, it is advisable to consider the issue of "Professional indemnity insurance against legal liabilities". That is "insurance paid for " to protect members from being sued or taken to court for failure of a whole organisation to meet their legally imposed requirements.
Especially if laws change in the future.
This is not saying that you will sued. It is saying that it is important anyone working on this area feels "protected" from being held liable for the actions of the whole organisations that they may not have any say in the decision process of. Doctors have to get it. Lawyers have to get this. IT contractors usally pay for this, as do teachers etc..etc.. in Europe & North America.
I want all volunteers working on this to be protected one way or another. I suggest an Interim Board with paid for insurance by Nabuur.com
If not, then something else needs to be in place before 1 June to cover that so Denis, Lynley, myself or anyone else that works on this is protected and not be "deemed as serving the role of ...."
Hi Cecilia,
Just need to put records straight, I am not a qualified lawyer (I have prosecuted cases in criminal court but not as a solicitor). I am close to completion of my LLB, and my qualifications are BA, BSSc, MPH, MPH(res), JP. I have 20 years working within the criminal justice system. I have (besides writing a Constitution for NESC which was granted NGO status) 11 years experience on voluntary boards.
Thanks Cecilia also for following up on the (very very important) board insurance issue!
Dear All,
Iam a Neighbour to this village.
Sorry for taking long without
contributing to this village
activities.
It has not been deliberate but
I had busy schedules of work.
However, I have to mention one
thing that I suggested a study-
visit to this village by some
people from Bukoggolwa Village
which I represent and never had
some response whether negative
or positive.
I felt the representative may
be did not welcome our idea.
But I needed an answer for
co-ordination.
Besides that all that, I have
been in the NGO Sector for over
20 years and such issues involving
the representation on board,governance
and election are not new to me.
All these are derived from the nature
of the constitution already in place
or the one that might be drafted for
adoption with the concesus of a
given group.
I need to know where you are heading
now?
Thank you.
Sulaiman Gumila Mbuga
Local Representative,
Bukoggolwa(www.nabuur.com/en/village/bukoggolwa)
Tel:+256-751-434743 or +256-712-976679.
E-mail:bukoggolwa@gmail.com
Suliaman wrote: I need to know where you are heading now?
My response in a brief summary:
a) All the people & resources are in place to convene and interim board that would lead up to the 1 June election.
But current Director and Board does not want any changes until 1 June.
b) Meanwhile items that will affect the "running of nabuur" strategically & budgetary wise that will affect the next 2-3 years of Nabuur Strategy are being decided before 1 June (without an AGM meeting or voting process)
e.g. Should 10K Euros be paid to existing group of developers to "whisk us a need website" or should we utilise more of the extremely qualified volunteers all over the world currently on Nabuur.com ?
Response from current decision maker is: Yes, current paid team is the "bid" accepted (though there was no open bid for the contract nor a tangible proposal) and we are running with the 10K development and "other volunteers" can contribute but will not be involved in the "full steam ahead Pelle & Rolf proposals".
c) I have repeatedly ask for some "Libaility Insurance" for those wishing to work on the Nabuur governance and future elected Nabuur board who may be Liable for the decisions made before the 1 June.
Response is: there is no money in the budget for that.
d) There is some issues of "being rude" if (a) (b) & (c) are pointed out to the current decision makers.
That is my quick summary. Hope it is useful. :)
Cecilia
P.S Lynley, you know what you are doing. I know what I am doing. Niels & Raul know what they are doing. In fact...none of this is rocket science. I think the "will" to "let good professional volunteers do our best" is not quite there yet...I hope this will change very soon. :)
Have a good weekend!
Dear Colleagues,
I have been following the issue of Interim Board with great concern!
I kindly propose that we first put a draft working constitution in place that will also address the issue of interim board. The same constitution would address some of the key mandates of the interim board.
Nabuur can not have two boards i.e. the interim and current board [stepping down in June] running concurrently. The interim board would arise if by June 1, a new board has not been selected.
At this time we are simply manadated to come up with best bet practice policies such as a constitution that will guide us during the transition and thereafter. The same should address the issue of selection of board members.
Best regards,
Denis Marsha
Dear Denis
Please note my explanation of the transparency issues of the board right now pre- 1 June.
Currently there are two people making the final decisions on all documents, constitutions etc...
Those of us that are asking for a transitional board, interim board, advisory board are simply saying:
a) whatever we draft should come from a bit more representative of peers ie. country rep. volunteers etc...and the final documents should be voted on.
b) whatever that is being decided by 2 people will have legal obligations for subsequent boards & future members 2-3 years after 1 June.
Please note, at the moment, there are no "official board mandates" because Nabuur do not have a constitutional documents to "mandate" anything. If "mandate" means permissions being given by Siegfried and 1 other Board member, that it is just as possible to "give permissions for more people to vote on the final document and decisions".
Can you explain what you see as the advantage of current status quo?
If you can explain in more details, that would be great.
CEcilia
Hullo Cecilia,
The way things have been discussed right from
where I also joined this village, what is most
pertinent are issues of good governance,transparency,
accountabilty and regional representation.
All these must be reflected in the draft constitution
which must be in place for discussion before the June
1,2010.
What Iam sensing are the powers that are still in
charge of NABUUR TRANSITION.
How much power do they still want to put in the transition?
What is the role of other stake-holders in this transition?
Who are the Trustees of NABUUR GLOBAL to be genuinely
accountable and observing good governance with relevant
structures in place for checks and balances?
Who shall be responsible to be as the overseer in this
transition for smooth hand over to the New Board if
that happens after June 1,2010?
Is it not necessary for an emergency meeting or fora
before the transition?
ALL these and many other questions must be addressed
for a smooth hand over.
These and other questions should be addressed before
we
Hi Celilia,
My concern is that we have not yet put the constitution in place! We should be doing this at this time and not to see whether the current board has the mandates or not or how many board members there are!
Let us put all the required legal documents in place and make sure that the during the selection of the board these drafts will be followed as a measure. The incoming board as at 1 June will further start with the task of adopting what we have put in place.
I would like to look at the draft constitution that has been put in place so far, before I start debating on whether the current board has mandates please.
Cheers,
Denis Marsha
Hi Denis
Have you put together a draft? I would like to see what Romina, Mary and you have written. Have you gotten Siegfrieds approval on the insurance?
I don't think Cecilia have been around in Nabuur for long enough to add any more for the moment as Romina have pointed out.
I think it is time for all of you who decided that Cecilia was rocking the boat to much to put something together so that you know what you want to do by the 1st June.
Niels
Bye the way Siegfried, I have heard a lot of different rumours, can you please confirm if you are stepping down on the 1st of June or not?
Regards
Niels
Dear Denis Marsha,
I and u live in Uganda. But have you at anytime informed
us of the Interim Board and where did it get its mandate?
I understand you participated in NabuurCamp and we are
still asking of what transpired from the camp because you
went to represent us from Uganda and Africa in general.
You are accountable to us and we would expect a full report
of what transpired. You have not done that.
Further,has the interim board mandate from the Local Representative of
different Villages globally and when was it elected as
fully representative to entire membership?
If it was then it is okay.
Who is it answerable to it?
What is the composition of the interim board?
What do you mean by current board?
To me and probably others have a feeling that when you went to
Amsterdam you represented your interests. That is why you have been
quiet until this time when the most sensitive and crucial issues are now critically
discussed. That is why you are trying to say everything is alright.
Remember all resources are important from the initial plan,implementation,
monitoring and strategic planning for sustainable development.
That is why Iam very critical of participatory involvement of all stakeholders
in Nabuur for all that can take place at different stages of development.
At the moment, what I understand is that there is no official working document
which can binding on all stakeholders be it Africa,Asia,Caribean and Pacific areas,
Australia,Europe and United States of America.
Remember, this document call it the Constitution of Nabuur should be acceptable
and legally binding for us all to perform without hinderance having instruments
of power for good governance ,transparancy and accountability.
Today, those are the values that are cherished in all institutions be it
government, private and civil society sectors.
Mr.Denis Marsha, at this time you should not shy away from your noble responsibility
of knowing that we are at crossroads to put in place relevant structures to ensure
those values mentioned before June 1.
What I expected from you is to suggest a forum or ideas of how we can manage the
transition before June 1.
For now, different villages be it in Africa,Asia,Europe, and elsewhere are not
sure of which way to go. There are missing links already created by the unknown
interim board,its composition,its reporting system,its mandate,roles of local representatives,
roles of facilitators,its donor funding sources and accountability,tenureship of the board
and so on.
So, it is not late before June 1, to convene an International Forum to clear those issues.
Short of that, we are still having enormous tasks for a credible Nabuur.
Thank you.
Sulaiman Gumila Mbuga
Local Representative,
Bukoggolwa Village
(www.nabuur.com/en/village/bukoggolwa)
Tel:+256-751-434743.
E-mail:bukoggolwa@gmail.com
Hi Sulaiman,
Just to reassure you - the people at the camp never agreed on an interim board. There is none - only the normal board that will be in function until 1st of June and then step down to leave space for a new board. The group discussing in this group was only charged to establish a draft new cosntitution, to look into legal issues and to propose a procedure for the election of a new board.
I hope this helps. By the way, Siegfried, Cecilia, Lynley, Dennis, where are you with your discussions? Could we get a quick update?
Thanks,
Maria
Hi Sulaiman,
As Maria has noted there is no interim board.
However we need to come up with a constution that will address key issues of managing Nabuur.
In addition, we are also to collect volunteers, Local village representatives and facilitators views about Nabuur affairs. These will be forwarded for deliberations and considerations to the new board that will come in after June 1, 2010.
We have not yet come up with a draft document although ideas are being collected in effect. Siegfried will give us an update on this development.
Regards,
Denis Marsha