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WADA Governance Reforms 2

My second presentation to the World Anti-Doping Agency (WADA) Foundation Board, on the progress of the Working Group on Governance Matters: https://maharaj.ca/2rj47gg
by

Akaash Maharaj

on 22 November 2017

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Transcript of WADA Governance Reforms 2

.
NOMINATIONS
ETHICS
EXECUTIVE CTTEE
Principles
PRESIDENT & VICE PRESIDENT
FOUNDATION BOARD
Objectives
Remain the ultimate decision-making authority
Disentangle governance from management oversight and operations

Provide funders with financial accountability
Ensure quality and inclusiveness in governance (including broad performance objectives for Executive Committee)

Continue to have an equal number of Members from the sport movement and public authorities

Ensure Membership turnover and renewal (term limits)
Comply with Swiss Foundation law
ATHLETE INCLUSION
Governance Working Group
Akaash Maharaj
and
Huw Roberts
Report to the WADA Foundation Board
16 November 2017, Seoul
Functions
Decision on the annual budget, accounts, auditor
Approval or return of the long-term, strategic plan

Electing Executive Committee members
Electing the President and Vice President

Decision on changes to the Code, proposed by the Executive Committee
Maintaining accountability of the Executive Committee

Amending the Statutes
Meeting requirements of Swiss law
Other Discussions
Should the FB serve as a forum for engagement of other anti-doping constituencies (e.g., NADOs, the Paralympic Movement, professional sports)?
Should the FB include an element of independent perspectives to complement its representative functions?
Should the structure of the FB seek to achieve diversity in state size as well as in regional distribution?

Would inclusion of non-funders on the FB dilute financial accountability to funders, or lead to increased pressure for activities and expenditures from Members not shouldering costs?

The organ of governance, planning, policy-making, DG oversight
Fulfil the vision established by the FB, and maintain accountability to the FB for WADA’s achievement of its mandate

A representative
and
skills-based body
Equal number of Members from sport movement & public authorities
Include athlete representation

Address concerns about conflicts of interest, and maintain an undiluted focus on the best interests of WADA itself

Ensure continual renewal of Members (term limits)
Be clearly disentangled from operations

Functions
Approval of Operational Plan to give effect to Strategic Plan
Policy-making, and institutional compliance to policies
Oversight of the Director General
Approval and monitoring of institutional performance metrics

Proposal of amendments to the Code and Statutes
Decisions on compliance, after receiving recommendations from the Compliance Review Committee

All other governance matters not explicitly reserved to the Foundation Board

Other Discussions
How much/little membership overlap between the FB and EC is desirable?

Can additional independent expertise be introduced to the EC through the Standing Committee Chairs?

1 New Athlete
1 President
1 Vice President
5
Public Authorities
5
Sport Movement
Terms of Service
A term of office is three years long
Members eligible for no more than three consecutive terms
After changes to the Statutes, the new Members should be elected in a manner that ensures that there will be a staggered turnover
The President and Vice President have separate terms limits

One physical meeting of the full Foundation Board per year
An opportunity to experiment with an additional virtual meeting
An option of an additional physical meeting, if exceptional circumstances make this necessary
Terms of Service
Three year term of office
Members eligible to stand for no more than three consecutive terms
Staggered implementation of terms
The President and Vice President have separate terms limits
The Director General a non-voting
ex officio
member

At least 3 times per year, with the possibility of one or some of those meetings being virtual
Agendas to focus on the cycle of planning, measuring effectiveness, and upholding accountability for success

Training and conduct systems to include “onboarding” processes to set a culture of independence
Rules, standards, communications to set and model WADA’s ethical tone

Principles
Create a Nominations Committee to identify the right people for WADA governance roles, in terms of skills and independence

Recommend candidates for President and VP proposed by Sport and Public Authorities
Identify independents for the Independent Ethics Board and the Chairs of the Standing Committees
Ensure that those seeking election or appointment as WADA Officials are vetted to a strict standard

Operational from early 2019 in time for elections of Pres and V-P
Functions
Prepare position descriptions for Pres and V-P
Assess candidacies for Pres and V-P and make recommendations to the Foundation Board

Conduct a skills analysis for Chairs of the Standing Committees and prepare position descriptions
Seek, receive, and vet applicants for Chairs of the SCs and make recommendations to EC

Vet applicants for members of the SCs to ensure appropriate diversity (geographic, gender, etc) and make recommendations to EC

Seek, receive, and vet applicants for the Ethics Board and make recommendations to Foundation Board

Nomination Process
Vetting Process
Structure & Steps
Cost benefit analysis to be performed

Nominations Committee of 5 persons
Chair (independently recruited)
1 member (Sport)
1 member (Public Authorities)
2 members independently recruited

Independently recruited members through an external service provider
Principles
Selected for their skill, judgement, and experience
Embody ethics and credibility that augment WADA’s standing

Be – and be seen to be – independent
Subject to highest vetting by the Nominations Committee
Serve the best interests of WADA, and not shape their decisions or actions because of the constituency that nominated them

Ideally, be of different genders and from different regions
Balance retention of talent with continual turnover

Respect boundary between governance & operations
Roles
President leads, moderates, and builds consensus at the Foundation Board and Executive Committee
President is the key spokesperson on decisions of the Foundation Board and Executive Committee
Vice President acts for the President when the latter is absent or otherwise unable to act

Not
management and operations
Not
communications on quotidian matters (i.e., matters outside of Foundation Board or Executive Committee meetings or decisions)
Independence
May hold no senior voluntary position in, or paid position in, or fiduciary responsibility towards, any sport institution, government, or legislature

Will only be eligible for election if they have not have held a position as described above in the months prior to the election
Terms of Service
President will continue to alternate between sport movement and public authorities
President and Vice President must come from different constituencies (sport movement and public authorities)

Nominees must be subjected to the highest standards of scrutiny and review by the Nominations Committee
A strong stated preference, but not a requirement, that President & Vice President are of different genders & regions

Modest remuneration for the President, at a level set by the FB and agreed by the Swiss supervisory authority, after seeking professional compensation advice, before elections
A term in office will be three years, and an Officer may hold no more than two consecutive terms: term limits for the Officers will not count previous service on FB or EC
Principles
An independent Ethics Board to ensure oversight of WADA's governance and the ethical conduct of WADA Officials

An independent body with authority to investigate and sanction WADA Officials in accordance with a new set of Ethical Rules

Right of appeal to CAS against Ethics Board decisions

A potential separate Ethics Compliance Officer, for prevention and preventative support

Committee Powers
Make recommendations to the WADA EC on ethical compliance, including amendments to the Ethical Rules

Receive reports on suspected violations of the Rules and investigate (or cause to be investigated) alleged violations
Impose provisional suspensions on WADA Officials pending the outcome of an investigation/charge
Impose sanctions for violations of the Rules

Issue advisory opinions on issues arising under the Rules
Committee Structure & Operations
Hearings
Panels of 1 (ordinarily the Chair) or 3 persons
Must be independent of the parties
Scope for challenge

Establish reporting mechanism with simultaneous notification to the investigations function and the Chair
Reporting obligation on all WADA Officials

External audit of Ethics Board activities
Transparency in reporting and publication of decisions
Compliance Officer
Prevention – education on ethical compliance
Maintain and update a Register of Interests
Assist with the vetting process
On-boarding of new WADA Officials

Eventual roll out of Ethical Rules to WADA Stakeholders

Report to the Director General, but with a reporting obligation to the Ethics Committee if aware of breach of Rules
Cost Implications
Use existing investigations function where possible

Ethics Cttee members on a small retainer for annual meetings, paid for cases only if they sit
No permanent secretariat function established - sourced through third party as needed (e.g. a law firm, incl hearing facilities and administration)

Expand external audit to cover ethical breaches
Staff costs of new staff member (ECO)
Principles
WADA’s core purpose is to protect athletes’ human rights, welfare, and access to fair competition
Should be mandated & increased representation of athletes at all levels of the agency, including Standing Committees

Paralympic athletes have particular medical needs, and so should have particular representation

WADA should be deploy multi-streamed measures to communicate and engage with athletes
Should be mechanisms for ongoing engagement and mutual accountability with athletes across sports and geography
Consensus
Athlete representation should be augmented on the Executive Committee (see earlier)

Proposals for additional measures should be received from the WADA Athletes Committee
Open Questions
Significantly different institutional circumstances of professional and professionally represented athletes will present challenges in building representative mechanisms for them

Definition of "athlete"

Election, appointment, blended WADA Athletes Committee

Ongoing Developments
New standing orders and business procedures, to focus on
policy development
monitoring and accountability
development and oversight of a long-term vision
Full transcript