مکاتبات ما با کمیته انتخابات در مورد مکالمه تلفنی با یکی از اعضاء کمیته

On Saturday, April 21, 2018, 10:55:27 a.m. EDT, ICC Election Committee wrote:

Dear Mr. Bolandi

 

It has been brought to our attention that on April 20, 2018 in and around 9:00 pm you have personally contacted Mr. Mashoud Nasseri (a member of the 2018 ICC Election Committee (the “Committee”)) over the phone and attempted to discuss your personal questions and concerns Re: the process/procedure of the upcoming 2018 ICC Election.

It has also been brought to our attention that in this telephone conversation you have engaged in harassing and threatening a member of the Committee.

This is unacceptable behavior on part of a candidate at the level of your caliber and credentials. Your actions were not only borderline unethical, but also they have placed the election committee in a difficult position, maintaining a fair and transparent election.

First of all, if you have had any further questions or concerns you should have shared them with all Committee members, by sending another email to the Committee through its official email.

Second, under no circumstance you should have abused your prior acquaintance with one of the Committee members, calling him on his personal cell phone and harassing him at such an hour.

Finally, if you needed to raise your concerns in person or over the phone, you should have asked for a conference call with all Committee members present and you should have been transparent about your communications (questions and concerns) with all Candidates prior to such a conference call with the Committee.

At this time, the Committee would like to once again remind you to strictly refrain from such behavior throughout this election.

Yours truly,

2018 Election Committee

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On Sat, Apr 21, 2018 at 3:45 PM, Mahboob Bolandi  wrote:

Respected members of the Election Committee 2018, Iranian-Canadian Congress;

It is with great dismay that I find your reaction to my legal entitlement to engage and follow through with the Election Committee as a candidate.

At this critical juncture when legal and moral responsibility of the EC according the Ontario law and ICC bylaws is to ensure free, fair and transparent elections, I bring your attention to the mutually agreed upon audio recording of telephone conversation between Mr. Nasseri and me. I believe it is the right of the ICC member body and the community at large to be privy to this conversation and resulting correspondence in reference herein, to make an assessment of the state of affairs that is a direct result of the Board of Director’s mismanagement and favoritism.
Recorded Audio File is Enclosed!
Best regards,

Mahboob Bolandi

 

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On Sunday, April 22, 2018, 4:47:46 p.m. EDT, ICC Election Committee wrote:

Dear Mr. Bolandi,

 

As mentioned in our previous email, the Election Committee (the “Committee”) finds your actions taken on April 20, 2018 between 9:00 and 9:40 pm, unacceptable, unethical and reprehensible due to the following reasons:

1.     You personally called a member of the Committee at such an hour, asking for favouritism (to act in your favour or in favour of the group that you are in coalition with);

2.     You failed to immediately inform Mr. Nasseri of the fact that you are recording the conversation;

3.     You failed to properly obtain Mr. Nasseri’s consent to the recording; and

4.     You intimidated and threatened a Committee member in multiple occasions.

Please be advised that if your conversation with Mr. Nasseri was a personal/private conversation, you had the legal right to record the conversation without Mr. Nasseri’s consent. However, as a candidate in this election you should not have engaged in a personal conversation with any member of the Committee.

Nonetheless, if you were trying to engage in a formal conversation as part of work or engagement with an organization/committee, you should have immediately informed Mr. Nasseri of your intention to record the conversation and obtained his informed consent.

Furthermore, as a candidate in this election you cannot ask the Committee to act outside of its scope of authority and alter the process/procedure of this election or disregard precedent. In other words, as a candidate you have no standing to request the reinvention of the wheel.

Prior to becoming a candidate, you have been fully aware of the bylaws, processes and procedures of the ICC elections and it is in light of this knowledge and understanding that you have decided to become a candidate. (This notion applies to all candidates.) Once a candidate, you cannot redefine the already established rules of the election under the pseudo banner of concerns.

It is important to highlight that the Committee does not have the authority to reinvent the wheel either. As a Committee, our mandate is to oversee and monitor this election based on the processes, procedures and precedents establishes by the organization and ensure that they are followed properly; and it is only through such an oversight that we can generate a fair and transparent election.

So far, we have carefully observed all the processes and procedures of the election in accordance with the ICC bylaws and the precedents established. We have even taken a step further and provided all candidates with the Online Security and Privacy Setup as well as an opportunity to test the online ballots (on their own or with their respective scrutineers), prior to the start of the Online Voting. Going forward, at all times, we shall continue to carefully follow all the processes and procedures of the election in accordance with the ICC bylaws and the precedents established.

Finally, in light of your actions so far, please be advised that any future similar action including but not limited to, threatening the Committee members, requesting special treatment/favouritism from the Committee, and baselessly questioning the integrity of the Committee members, will be seriously addressed by the Committee.

Yours truly,

2018 Election Committee

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On Monday, April 23, 2018, 2:17:43 a.m. EDT, Mahboob Bolandi  wrote:
Respected members of the Election Committee 2018, Iranian-Canadian Congress.
It is indeed refreshing that our correspondence is finally being responded to since the Board of Directors or the Election Commission have failed to respond to any of our previous correspondence, as per their duty. It is simultaneously disappointing to be subjected to such one sided and prejudicial barrage from an official body whose duty is solely to maintain independence and transparent fairness of the election process and satisfy the member body and candidates of the correctness and fairness of the entire process.
I suggest that you extend the same critique to Mr. Nasseri who initiated direct phone conversation with me in an official capacity while referencing his personal previous rapport with me early on in this process. As such, I have no reserve in reciprocating. I further stress that no part of my conversation with Mr. Nasseri has any context other than our legitimate concerns and needs as candidates. The presumption by you that my call had any presumption to seek favoritism, especially in the face of past treatment is laughable.
It is further disappointing that you over reach your capacity as an independent body of the ICC designated to execute the election process fairly, to presume the ability to reprimand any of the candidates in making legitimate inquiries and expressing concern about official correspondence going unanswered. Your reaction is further unjustified in the face of the fact that our correspondence had gone unanswered. At no instance during our conversation at that occasion have I discussed anything beyond our legitimate and rightful concerns. Furthermore, the recording of our conversation will clearly demonstrate which party was not observing proper decorum and abusing their position.
It is particularly baffling to find your reference to the legality of my recording the conversation. As the recording shall demonstrate, I decided to start the recording and inform Mr. Nasseri immediately upon my decision to record the conversation in reaction to his rude and abusive tone at the beginning of said conversation. In fact my surprise in hearing his blatantly abusive tone and language led to my recording the conversation and informing him thereof as a means to stop his abusiveness and lack of decorum which is obviously unbecoming of any individual especially one in his capacity at this juncture. The track record of some members of the board of directors in denying statement on past occasions further compelled me to keep an audio recording of the conversation in question. I remind you that such a protective and preventative measure is fully within my legal right both as an individual and as a candidate especially in the face of overt prejudice towards me and some other candidates.
Your “carefully observing the process…” is simply not enough. As an independent election committee I remind you of your duty to a) ensure that the Board of Directors do not interfere with the election process, b) to ensure that there is no favoritism towards candidates who are running for re-election and have access to privileged information and most importantly c) to satisfy the candidates that you have performed your duties. Simply stating your “observance” especially given the recent history is not the full extent of your duties and responsibilities and certainly not satisfactory.
I, like my co-candidates, look forward to a shift in tone and demeanor such that we will have no reason to suspect prejudice or lack of transparency. As such, I trust that you will fully cooperate with our scrutineers as required to satisfy them that there are no irregularities in the process.
While I appreciate dearly, your volunteerism in executing a fair, transparent and non prejudicial elections, I also expect that you refrain from any aggressive or threatening tone which may be construed as intimidation of candidates who have legitimate rights, concerns and inquiries. I trust that the answer to your inquiry is in the recording of the conversation in question and that you seek clarity from Mr. Nasseri.
Best regards,
Mahboob Bolandi