Grabbing headlines for ALL the wrong reasons , are the result of FAILURE TO PLAN ! Seems to be a case of falling out of bed in the morning , then asking himself , " How best to make myself and the Organisation i lead , look irrelevant and ridiculous !"
Along the way , the reputation of the employees of UCI has been detrimentally denigrated , to such an extent that people are wondering if there is any future for this Organisation .
Each of the Employees of the UCI at Aigle are paid a salary , some more than others , and are required to ensure that the Organisation meets it's mission statement . Apart from Paid Employees , there are numerous " Outside Contractors " of various Services , that receive remuneration for " Services Provided "! Some of these " Contractors " have received recognition through Employees having " Family Connection ", OR , being of " High Repute "!
Any CEO is in a position to choose , those Organisations that they feel will do the " Best Job ", in many cases, that perception is not always clear to the lower levels of management . Being " Numero UNO " tends to sway the result in so many events .
As President of UCI . p. mc quaid , dictates what he wants done , doubtlessly the lower eschelons of the UCI perceive the " Good Sense " in responding promptly to that decision ? After all his pay grade is higher , so he effectively bears more responsibility ? Being the " Highest Paid Salaried Staff Member " , you would think that the President , would be the PERSON to SAFEGUARD the UCI Constitution ?
Apparently , there is some confusion at present , as to WHAT is in the UCI Constitution ? Since the Creation of the UCIIC in October 2012 , matters at the UCI Office in Aigle seem to be running amuck ? It would appear that rather than consensus in the management of the UCI , a dictatorship has emerged , as just about every decision of recent months have been announced by none other than mc quaid , as he seeks to create the impression that UCI could not function without his presence ? In fact , in the recent past , he has said " UCI will lose it's place at the Olympics , if he is not President "! This is petty blackmail even if true ?
Since 29th June , according to the UCI Constitutional requirements , the Nominations for the Presidential Election have been closed . Yet time and again the Media are reporting NEW Events surrounding the FALSE IMPRESSION that mc quaid is a LEGITIMATE Nomination . Whilst some would sympathise with mc quaid's desire to continue to enjoy the good life of the past 8 years , more employees than most people realise , would happily see him lose out on the 27th September , SHOULD HE FIND A WAY ONTO THAT BALLOT !
Constitutionally he stands disqualified :
WHAT is the UCI and WHO are its participants :
UCI members are the national federations (art. 4)
This article excludes the UCI from any kind of relationship with affiliates and members of the national federation.
From this rule it is clear the reason why, in the UCI Statute, there are no rules that cite the single person (individual): simply because the UCI is composed by a single type of associated (Members), and precisely the only national federations.
On the contrary to the UCI, the national federations have two types of members: affiliates (clubs) and members (natural persons).
However, it is obvious that some references to natural persons are included in the UCI Statute: with reference to the composition and access procedures to the various organs and bodies established by the same UCI Statute.
On the contrary to the UCI, the national federations have two types of members: affiliates (clubs) and members (natural persons).
However, it is obvious that some references to natural persons are included in the UCI Statute: with reference to the composition and access procedures to the various organs and bodies established by the same UCI Statute.
UCI rule : Nominations for UCI President must be submitted by the national federation of the applicant (Article 51/1).
In order to be advanced in candidacy for the UCI presidency, a member of a national federation need to ask his national federation to nominate him, since he is not allowed to do it themselves.
Having been rejected by his HOME FEDERATION , the Irish Cycling Fed. in June , mc quaid sought by joining the Swiss Fed , one day earlier , to be nominated . Recently that sought out Nomination was rescinded !
EACH person seeking Membership of a UCI registered Cycling Club , needs to abide by the Rules & regulations laid out by the Constitution :
" UCI Cycling Rules "
Chapter I
Licence-Holders
1.1.001 The licence is an identity document confirming that its holder undertakes to respect the constitution and regulations and which authorise him to participate in cycling events.
1.1.002 No-one who does not hold the requisite licence may participate in a cycling event organised or supervised by the UCI, the UCI continental confederations, the UCI member federations or their affiliates.
1.1.004 Anyone requesting a licence thereby undertakes to respect the constitution and regulations of the UCI,…
1.1.009 A licence holder may hold the licence of only one national federation.
DID YOU NOTICE ....." ONLY ONE "?
Categories of licence holders
1.1.010 A licence shall be required for:… list the type of licenses ….
Should a licence holder carry out multiple roles within cycling, he must apply and be licensed for each of these roles.
Issuing procedure
1.1.001 The licence shall be issued by the federation of the country where, according to the legislation of that country, the applicant has his main residence at the time of application. He shall remain affiliated to that federation until the expiry of the licence, even if he changes country of residence.
1.1.012 National federations shall refuse to issue a licence in the event of an irregular application.
DID YOU NOTE :..." main residence at the time of application "!
Categories of licence holders
1.1.010 A licence shall be required for:… list the type of licenses ….
Should a licence holder carry out multiple roles within cycling, he must apply and be licensed for each of these roles.
Issuing procedure
1.1.001 The licence shall be issued by the federation of the country where, according to the legislation of that country, the applicant has his main residence at the time of application. He shall remain affiliated to that federation until the expiry of the licence, even if he changes country of residence.
1.1.012 National federations shall refuse to issue a licence in the event of an irregular application.
DID YOU NOTE :..." main residence at the time of application "!
Returning to the UCI Statute, it says:
Art. 3 The UCI will carry out its activities in compliance with the principles of:
a) equality between all the members and all the athletes, licence-holders and officials, without racial, political, religious, or other discrimination;
Because of the quandary that mc quaid found himself , UCI sought outside " advice ", from a WELL KNOWN LEGAL Entity : Baker McKenzie , who used M. Olivier Ducrey as their principle correspondent in this matter . On 19th August , BakerMcKenzie responded to the task given them by the UCI .
However , had they been asked the PROPER QUESTION , What would their answer have been ? What should have been asked is
However , had they been asked the PROPER QUESTION , What would their answer have been ? What should have been asked is
" Does Pat McQuaid’s candidacy respect the rules of the UCI Constitution and Statute? "
What should also be asked of BakerMcKenzie :
" Are you certain that the provided legal advice is confirming the rules that millions of license-holders of the national federations (therefore of the UCI) are required to abide? "
Equality, dictated by art. 3 of the UCI Statute, must be respected. Mr. Pat McQuaid should be prosecuted in order to the infringment of art. 1.1.009 (Regulation of Sport Cycling UCI) and consequently of the articles below too:
UCI Rules cycling regulations
1.1.004 Anyone requesting a licence thereby undertakes to respect the constitution and regulations of the UCI, the UCI continental confederations and the UCI member Federations, as well as to participate in cycling events in a sporting and fair manner. He shall undertake, in particular, to respect the obligations referred to in article 1.1.023.
As from the time of application for a licence and provided that the licence is issued, the applicant is
responsible for any breach of the regulations that he commits and is subject to the jurisdiction of the disciplinary bodies.
WHILST i am not entirely " Au Fait " with the totality of the " UCI Constitution " , i feel sure that the above items cover the " VALIDITY of a Nomination !
Since the above Rules have NOT BEEN MET , there is from my POV , no VALID NOMINATION of mc quaid for the Presidential Election Ballot of 27th September 2013 !
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