मंगलबार, असोज १२ २०७८
काठमाडौं ०७:०४
वासिङटन डिसी 21:19

Resolutions of the Former Presidents to Resolve the Current Issue Faced by NASeA

इनेप्लिज २०७४ मंसिर ६ गते ३:२४ मा प्रकाशित
Dear NASeA President Madhav Dhakal, Executive Committee, NASeA Members,
We, the former presidents of Nepalese Association in Southeast America (NASeA) communicated via audio conference calls and emails to discuss the alleged sexual harassment incident that occurred at the 2017 annual convention in Charlotte prompting a 911 call on behalf of Ms. Nicky Karki as well as the subsequent decision made by the NASeA Executive Committee (EC) to expel the Executive Vice President (EVP) Mr. Sushil Nepal.  Also, we discussed various options for consideration by the EC in resolving the current crisis and preventing NASeA from any such undesirable incidents in the future.
Former President (Majority/Signatories): Dr. Bishwa Acharya, Dr. Dharmendra Dhakal, Dr. Samanta Thapa, Dr. Hari Dhungana, Dr. Ramesh Amatya, Mr. Shaubhagya Shrestha, Dr. Prakash B. Malla, Dr. Narayan Rajabhandari, Mr. Tek Thapa, Mr. Raja Ghale, Dr. Sanjeeb Sapkota, and Mr. Bimal Nepal
Former President (Dissent): Dr. Ram C. Baral
The following resolutions were approved by an overwhelming majority of the presidents:
1. We remind that NASeA is a 501 (c) (3) non-profit organization incorporated in 1991 the State of Georgia         with a mission to:
        a. Preserve and promote Nepalese culture and values;
        b. Advocate for human rights, freedom, and peace;
        c. Serve fellow human beings;
2. We reaffirm that the NASeA EC is a body elected by the General Membership to conduct the day to day         business for the overall well-being of the Nepalese communities in Southeast America;
3. We strongly support the activities and decisions of the EC that are guided by the Bylaws of NASeA as well as the laws of the State of Georgia and the United States of America; we stress that, the former presidents as leaders of the community, have vested interest in the well-being of the Association and, as needed, are always available for consultation and assistance;
4. We whole heartedly sympathize with the rising star, Ms. Nicky Karki for being subjected to the undesirable circumstances; we wish Ms. Karki the best for all her future endeavors;
5. We condemn, in the strongest terms, harassment of any kind or form of any member or attendee by a member or attendee in NASeA organization including its conventions or meetings;
6. We express gratitude to President Bimal Nepal (NASeA), President Madhav Dhakal (NASeA), and President Bala Ghimire (ANMA) for promptly placing a 911 call on behalf of Ms. Karki in order to investigate and in an effort to resolve the issue that promoted the 911 call. We acknowledge that the Law enforcement officers after 911 call did not find legal basis to file any sexual harassment charge against Mr. Sushil Nepal;
7. We recommend President Madhav Dhakal, on behalf of NASeA Executive Committee, to send a sympathy letter to Ms. Karki regarding the episode that occurred at the 2017 NASeA/ANMA Joint Convention in Charlotte;
8. We determine that the NASeA Executive Committee applied the wrong clause of the NASeA Bylaws (Article V, Para, 1 Subpara 1) to expel the EVP in its September 23, 2017 meeting.  The appropriate clause for the expulsion of an elected Board Member is described by Article IV (Board of Director and Officers), Para 17 of the Bylaws;
9. We note that the decision of the NASeA Executive Committee (EC) to expel the EVP in their September 23, 2017 meeting is also against the Georgia Law (O.C.G.A. §14-3-808) where NASeA is incorporated. The relevant clauses of the Code are quoted below (unless the corporation’s articles or bylaws provide otherwise);
        a. The members may remove, with or without cause, one or more directors elected by them;
        b. If a director is elected by a class, chapter, or other organizational unit or by region or other geographic                 grouping, the director may be removed only by the members of that class, chapter, unit, or grouping;
        c. A director elected by members may be removed by the members only at a meeting called for the                 purpose of removing the director and the meeting notice must state that the purpose, or one of the                 purposes, of the meeting is removal of the director;
10. We recommend the EC to take the following steps in order to resolve the current issue:
        a. Follow the due process stated in the bylaws as well as Georgia and Federal laws:
                i.     Rescind the current decision to expel the membership of Mr. Sushil Nepal and hence his elected                            position as EVP;
                ii.    If further action is needed, call for a General Body Meeting and bring this matter for                                             appropriate action in front of the General Body;
11. Finally, we, the former Presidents, offer our unconditional support to the EC and its activities that are guided by the bylaws of NASeA. We would like to remind the EC to be mindful that we, as NASeA members are one and bound together by the Bylaws of the NASeA, constitution of the State, and constitution of the United States of America. As a NASeA member, we must respect the laws of land and organization; strive to preserve and promote our culture and values; advocate for human rights; do our best to serve all; and live in peace and harmony.
Respectfully, on behalf of the former Presidents of NASeA
Dr. Narayan Rajbhandari
Former President, NASeA
P.S.: President Dhakal, please release this information and attachment to the NASeAGoogle Group as well as post on the NASeA website (www.naseaonline.org).