West Indies Board Reject Advice to Dump Director
Posted: Fri Jun 25, 2010 2:48 pm
THE West Indies Cricket Board (WICB) has ignored legal advice that recommended disciplinary action be taken against one of their directors.
The director allegedly breached the WICB regulations during mediation with the West Indies Players’ Association (WIPA) in September 2009.
During mediation between the WICB and WIPA which was overseen by Sir Shridath Ramphal, the director called a press conference where he gave the press, documents which were deemed privy to both parties.
The director then sent an email to the WICB president, Julian Hunte informing him that he had broken the Code of Ethics and would leave his future as a WICB Director at the disposal of the Board.
Official WICB documents seen by Newsday revealed that law firm Clarke Gittens Farmer of Barbados were hired to investigate the actions of the director who is also a member of a territorial board.
The commercial law firm in their findings stated that the director had violated the Code of Ethics and may be subject to disciplinary measures including dismissal.
Clarke Gittens Farmer submitted some of the following provisions after examining the Code of Ethics:
- “Each Director of the WICB owes and acknowledges that he owes, to the WICB, a fiduciary duty including a duty of care and loyalty and duty of confidentiality”
- “Each Director acknowledges that WICB information is and shall remain the exclusive property of the WICB and, if in the knowledge and/or possession of the Director, shall be treated in the strictest confidence and, if in the possession of the Director shall be returned to the WICB upon the Director demitting office for any reason or upon demand made by the WICB, whichever is earlier”
- “Each Director acknowledges that in carrying out his duties and obligations to the WICB, he will have access to WICB information and that information may be sensitive in nature and the Director, therefore, acknowledges his duty to preserve and maintain all WICB information in the strictest confidence during his appointment and as long thereafter as such information is confidential or proprietary and no Director shall disclose, use or in any other way part with or disseminate such information except to designated Government authorities as required by law or as ordered by a Court of competent jurisdiction”
- “No Director shall knowingly take advantage of or benefit from WICB Information which is obtained by him in the course of his official duties and responsibilities which is not generally available to the WICB membership or to the public”
- “No Director shall disclose any WICB Information entrusted to them in confidence by virtue of their relationship with the WICB. In particular, no disclosure shall be for personal gain or benefit, nor should it be undertaken maliciously to damage the reputation of the WICB or any other person individually involved”
- “No Director shall be engaged in or facilitate the reproduction, revelation or publication of WICB Information to any third party”
- “These duties of confidentiality will continue indefinitely or until such time that such information comes into the public domain, other than by breach of confidential obligation or until a Director is required, by law, to disclose such information”
- “Any Director who violates this Code may be subjected to disciplinary measures including dismissal. The Committee shall review all violations of this Code, which will then be reported to the Board, If appropriate, the Committee will also recommend sanctions to the Board for their ultimate determination”
- “Each Director has the obligation not only to abide by the Code of Ethics, but also to report violations of this Code when they become aware of them”
- “The WICB will jealously safeguard its reputation and the welfare of the game of cricket in the Region and shall, therefore, strictly enforce this Code”
- “All Directors are expected to use good judgment, protect the spirit of cricket and abide by this Code. Any violation may expose the Director and/or the WICB, to civil and criminal liability and may harm their reputation and therefore their ability to achieve their mission”
They added that the Code of Ethics, Disciplinary and Ethics Committee of the Board need to review the director’s breach and recommend sanctions.
Despite the breach the director’s actions have been tolerated by the WICB who have kept him on. According to Clarke Gittens Farmer, the director stated that he recognized that the documents was supposed to be confidential but felt obligated to make it available to the press.
The commercial law firm’s report noted that his initial resignation did not follow proper protocol and therefore he remains a director until the Board decides otherwise.
Courtesy.....
KERN RAMLOCHAN – Newsday Trinidad and Tobago 3rd June 2010
The director allegedly breached the WICB regulations during mediation with the West Indies Players’ Association (WIPA) in September 2009.
During mediation between the WICB and WIPA which was overseen by Sir Shridath Ramphal, the director called a press conference where he gave the press, documents which were deemed privy to both parties.
The director then sent an email to the WICB president, Julian Hunte informing him that he had broken the Code of Ethics and would leave his future as a WICB Director at the disposal of the Board.
Official WICB documents seen by Newsday revealed that law firm Clarke Gittens Farmer of Barbados were hired to investigate the actions of the director who is also a member of a territorial board.
The commercial law firm in their findings stated that the director had violated the Code of Ethics and may be subject to disciplinary measures including dismissal.
Clarke Gittens Farmer submitted some of the following provisions after examining the Code of Ethics:
- “Each Director of the WICB owes and acknowledges that he owes, to the WICB, a fiduciary duty including a duty of care and loyalty and duty of confidentiality”
- “Each Director acknowledges that WICB information is and shall remain the exclusive property of the WICB and, if in the knowledge and/or possession of the Director, shall be treated in the strictest confidence and, if in the possession of the Director shall be returned to the WICB upon the Director demitting office for any reason or upon demand made by the WICB, whichever is earlier”
- “Each Director acknowledges that in carrying out his duties and obligations to the WICB, he will have access to WICB information and that information may be sensitive in nature and the Director, therefore, acknowledges his duty to preserve and maintain all WICB information in the strictest confidence during his appointment and as long thereafter as such information is confidential or proprietary and no Director shall disclose, use or in any other way part with or disseminate such information except to designated Government authorities as required by law or as ordered by a Court of competent jurisdiction”
- “No Director shall knowingly take advantage of or benefit from WICB Information which is obtained by him in the course of his official duties and responsibilities which is not generally available to the WICB membership or to the public”
- “No Director shall disclose any WICB Information entrusted to them in confidence by virtue of their relationship with the WICB. In particular, no disclosure shall be for personal gain or benefit, nor should it be undertaken maliciously to damage the reputation of the WICB or any other person individually involved”
- “No Director shall be engaged in or facilitate the reproduction, revelation or publication of WICB Information to any third party”
- “These duties of confidentiality will continue indefinitely or until such time that such information comes into the public domain, other than by breach of confidential obligation or until a Director is required, by law, to disclose such information”
- “Any Director who violates this Code may be subjected to disciplinary measures including dismissal. The Committee shall review all violations of this Code, which will then be reported to the Board, If appropriate, the Committee will also recommend sanctions to the Board for their ultimate determination”
- “Each Director has the obligation not only to abide by the Code of Ethics, but also to report violations of this Code when they become aware of them”
- “The WICB will jealously safeguard its reputation and the welfare of the game of cricket in the Region and shall, therefore, strictly enforce this Code”
- “All Directors are expected to use good judgment, protect the spirit of cricket and abide by this Code. Any violation may expose the Director and/or the WICB, to civil and criminal liability and may harm their reputation and therefore their ability to achieve their mission”
They added that the Code of Ethics, Disciplinary and Ethics Committee of the Board need to review the director’s breach and recommend sanctions.
Despite the breach the director’s actions have been tolerated by the WICB who have kept him on. According to Clarke Gittens Farmer, the director stated that he recognized that the documents was supposed to be confidential but felt obligated to make it available to the press.
The commercial law firm’s report noted that his initial resignation did not follow proper protocol and therefore he remains a director until the Board decides otherwise.
Courtesy.....
KERN RAMLOCHAN – Newsday Trinidad and Tobago 3rd June 2010
