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Notes from the SCAR President, number 2 (19 August 2008)
SCAR as a Charity
Colleagues,
As promised, this is the second monthly instalment of the "Notes from the President". The topic is SCAR's status as a Charity.
I want to re-assure all SCAR members that I take the on-going discussions of the ramifications of the change of SCAR to a charity very seriously, and I am committed to bringing these discussions to a satisfactory conclusion in the eyes of the member nations that fund the majority of SCAR activities. The Executive Committee is currently working toward a review of concerns and recommended actions to address these issues. Once developed, this will be circulated to SCAR members for comment in advance of the 2009 Executive Meeting with a plan for Delegate approval at XXXI SCAR as needed. On each issue, we have three possible outcomes: no action, clarification, and revision following SCAR procedures as a last resort. The intent is not to re-ignite the debate, which has gone on for several years, but to draw it to a close. I believe it is critical to get beyond these issues and on to SCAR's primary concerns of science and advice.
I thought at this juncture, it might be useful to share my philosophical approach to, and set the tone for, the discussions that will follow. I am committed to answering any and all questions that you may have (to the best of my ability - I am not a lawyer!) in consultation with the SCAR Secretariat and Executive Committee. This important transformation is required by ICSU. It is essential that all SCAR members are comfortable that the translation of the SCAR Constitution into the Memorandum and Articles of Association remains true to the intent and spirit of the founders of SCAR 50 years ago. The mission, international importance, and vision of SCAR is as relevant today (if not more so!) as it was then. I am committed to ensuring that the change in status in no way compromises these values or alters how SCAR operates.
The issue of membership in the charity was determined by XXX SCAR by adopting "Special Resolution XXX-SCAR-1, on Membership". To reconfirm, the adoption of the resolution requires no additional action by the members of SCAR to continue their current status in SCAR (disregard the forms previously circulated as they are no longer relevant).
To reconfirm, the Memorandum and Articles of Association only apply as long as the Secretariat is in the UK. If a change in the location of the Secretariat occurs, a new company must be established under the laws of the hosting country. It remains a policy of SCAR that any member country may offer to host the Secretariat and proposals to do so are evaluated on their merits and what is in the best interests of SCAR by the Delegates.
Further questions were raised about the balance of power (decision-making authority), the supremacy of the members (Delegates Meeting) in decision making (by consensus), preservation of the original spirit and intent of the SCAR Constitution, and the equality of members. After careful consideration, it is my opinion that the SCAR Constitution is faithfully reproduced in the Memorandum and Articles of Association and the revised Rules of Procedure. I also conclude that the "spirit" of the SCAR Constitution is preserved, authority and decision making power is conserved, and that the status of all member categories remains unchanged.
I pledge to all SCAR members to take as long as is required for each of you to understand and concur with the Charity articles and rules. It is vital that all members of SCAR are in agreement on these fundamental issues as the organization continues to evolve during these critical and exciting times for Antarctic science. I am sure, as with any document, as we implement the new procedures we will find some things that just don't work or are not what was intended. I want to assure you we will address any issues as they arise to maintain the spirit and intent of SCAR as before. I understand that some may feel more extensive consultation should have occurred earlier in this.
On a concluding note, I have been discussing with the Secretariat the need for more extensive external fund raising activities. I am glad to inform you that Colin and I have submitted a "Letter of Intent" to the Hewlett Foundation to co-fund the SCAR Fellowship Program. This is an outside chance but we need to cast our nets far and wide! SCAR's status as a charity makes us eligible for support we might not otherwise qualify for. This is the first step in a concerted effort to enhance SCAR resources in those areas most likely to be funded from external sources and I will be deeply involved in these efforts.
As always, please contact me formally or informally at any time the need arises. Your attention and patience is appreciated as we work our way through these critical issues together.
Chuck K.
President of SCAR
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