(reposting this announcement sent to all TUG members yesterday, on behalf of the TUG board of directors; more info will follow in due time.)
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Dear TUG members,
We, as directors of the TeX Users Group, write to you about a
difficult decision we have had to make. With regret, we announce that
we have voted to suspend Kaveh Bazargan as TUG President, effective
immediately. We need to explain this, and give the reasons for our
actions.
As you know, Kaveh Bazargan was elected President of TUG this last
spring. We directors were looking forward to working with Kaveh on
widening TUG's audience and reach.
The TUG President, like the TUG directors, has the privilege and
obligation of representing the interests of all TUG members to the best
of his or her abilities.
Unfortunately, at the time of the election, unbeknownst to the
directors, Kaveh was involved in a lawsuit against another member of
TUG. The lawsuit remains ongoing today, and involves TeX-related
business activities by the parties. The existence of the lawsuit was
not disclosed at the time of the election. (Of course, the TUG
organization has no standing, and takes no position whatsoever, on the
merits of either party's case.)
In our opinion, legal entanglement with another TUG member is a clear
conflict of interest, preventing proper fulfillment of the President's
duties. Any decision made or initiative undertook by the TUG President
while pursuing a lawsuit against another TUG member would, at the very
least, appear to be tainted.
In addition, the directors were informed that the fact of Kaveh's
election as TUG President was included in documents submitted to the
court. We believe that TUG should not take sides, or even appear to
take sides, in a lawsuit to which it is not a party. Such an
implication appears inevitable to us when the TUG presidency is used as
a material fact in a court case.
Thus, we asked Kaveh to voluntarily suspend his presidency for the
duration of the lawsuit and any related legal matters. We were not
successful in convincing him that this would be best for TUG. Further,
he neither made an explanation as to why he did not reveal the existence
of the lawsuit at the time of the election, nor made any offer to
mitigate its effects now.
Therefore, we concluded that the actions of the President were not in
the interests of TUG. To fulfill our responsibilities as TUG directors,
we felt we needed to act according to Article IV, Section 5, of the TUG
bylaws (
https://www.tug.org/bylaws):
A Board member who by action or inaction shall be deemed to be no
longer working in the interests of TUG may be suspended as Director
by a vote of the entire Board, provided that at least 75% of the
Board votes in favor of suspension.
As 14 members of the Board, out of a total of 16, voted for his
suspension (one director abstained for health reasons, and the 16th
board member is the President), hence 87.5% which is greater than the
75% required, Kaveh Bazargan is now suspended from the office of TUG
President. He has the right to appeal his suspension according to the
TUG bylaws.
A final note: this decision to suspend the sitting President was perhaps
the most difficult made by any of us in the course of our involvement
with TUG. We carefully reviewed the bylaws and the entire record of
correspondence with Kaveh, and intensely deliberated over a period of
weeks, ever since becoming aware of the issue. We communicated our
concerns to Kaveh several times, and we took into consideration that
Kaveh received the majority of votes in an independent election and was
thus entitled to substantial regard. We would like the TUG membership,
and the wider TeX community, to know that we made our best efforts to
arrive at a solution that was respectful of the election results, while
also recognizing the expectations of conduct from all of its officers.
Ultimately, as the duly-chosen directors of the TeX Users Group, we made
the decision for suspension in the belief that it is the course of
action that is best for TUG.
Sincerely,
Pavneet Arora
Barbara Beeton
Karl Berry
Kaja Christiansen
Sue DeMeritt
Michael Doob
Steve Grathwohl
Jim Hefferon
Klaus Hoeppner
Steve Peter
Cheryl Ponchin
Norbert Preining
Arthur Reutenauer
Boris Veytsman
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