Calling EGM for one and more Motions aborted at ASC AGM

Motions as proposed for All Saints’ Cathedral AGM on 24^th March, 2013 but aborted

 Motion 3

We call for a full review of the Diocesan Assessment for All Saints Cathedral in the context of Biblical interpretation and administrative justice for God as money or tithe collected by ASC to be largely retained in ASC and the Diocesan Assessment in the transition be capped at RM500,000 per year to the Diocese of Sabah which is not a church.  Diocese of Sabah would be under a new structure and constitution after the transition.

1.      Diocese Assessment should not be there as it is NOT business of any church to pay any taxes or dues to any one.  You think the church itself cannot manage its own affairs like there are so many independent churches self financing.

2.      In the transition towards the total abolition of the Diocese Assessment, it is best to cap the ‘assessment’ or contribution to the Diocese  at RM500,000 a year for ASC.

3.      I believe if we cap it at RM500,000 for the transistion for the revamp of ADOS and the PCC manages ASC well financially, the tithes and donation could more than double in two years from now.

4.      As the churches are the storehouse of God’s money, all the churches in Kota Kinabalu with ASC as the mother church should form a working committee with fair and proper representation to reap more harvest for God.

5.      With regional zones based on the localities in Sabah, the Synod could be more effective as a channel in the mission field rather than what we observed in Synod 2012.  Unity for common purpose is better than the fragmentation of  the illegal Synod 2012 which even approved a very much questioned Financial accounts with misappropriation of over ten million Ringgit.

6.      The shortcomings in ADOS are mainly due to the structure of ADOS vis-à-vis churches within the set up.

7.      Under ASC Constitution  Article XI Finance  subclause 6 –The Council may seek discussion with the Bishop on the matter of Parish assessment.

7.1   Does the Constitution of ADOS mention Diocese Assessment?  If not, where is the authority?

7.2   It does not sound right when the receiver of money can dictate terms to the givers especially when it is God’s money to be handle properly.

7.3   It is further mindless that the receiver of God’s money can tell what the givers have to do like the power of prerogative.

7.4   Should we now not address the curse of ADOS or the Bishop of Sabah in this very basic and fundamental matter as the best wine is last to emerge.

8.      ASC being the mother church has contributed much more to the Diocese of Sabah unrecorded.

9.      ADOS is not properly managed financially.  According Malachi 3, ADOS/Bishop are robbing God.

10.  The purpose of tithes and donations in church and usage thereof has been totally distorted by the ADOS as a management body.  Hence a full review is desirable. 

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Motion 2

We demand for a full investigation of the performance of the acting Dean

since 2006 in ASC. An investigation committee be formed in this AGM to look into

all aspects of ASC vis-à-vis ADOS to declare Datuk AV as unfit to remain as Bishop.

1. Platform for appropriate corrective actions including restitution of losses etc.

2. To firm up misleading accusations as denied.

3. For moral boosting, morale restoration and good practice.

4. To implement the vote against AVCF as acting Dean in last AGM as he did not

resign accordingly..

Proposed by Joshua Y. C. Kong                                Supported by :  Charlie Fu

Dated: 7th March, 2013

More comments ---

1.      We have massive deficits as a sign of mismanagement of God’s money especially in the Jubilee year lacking in the true spirit of humility resulting in attention diverted to mega projects and mega spending so unnecessary causing massive profligacy in great departure from the purpose of tithes and donations.

2.      The massive mismanagement of 6 years has been fully exposed in at least three massive blogs and finally the Church of England’s newspaper stated that the bishop had committed financial misconduct.

3.      The local newspapers have covered this malpractice on 17^th July, 2012 and the high profile Civil Court case from 25^th July, to December 17, 2012.

4.      The more the bishop and acting dean denied on the mismanagement and do nothing about that with known and unknown reasons, the more there is a need to conduct a full investigation as there is nothing to fear if no wrong doings had occurred.

5.      The fact that AVCF was voted out as acting Dean and yet he remained as acting Dean until December 2012 gives the impression of his hidden agenda which should now be scrutinized by a full investigation.

6.      A full internal investigation would provide the platform for the facilitator Bishop Moses Tay to act accordingly to enhance the ASC vis-à-vis ADOS as the Anglican church in Sabah. 

7.      A full internal investigation if conducted properly would allow the amendments of the ASC Constitution to be more focused as far as it is related to the Constitution of ADOS.

8.      A full internal investigation would end the present impasse of brokenness in the Diocese and ASC with what next to be in the revamp programme.

9.      To interprete what the Dean shares in his brief Report, I strongly believe this investigation would

9.1   Connect us to the right thing and put the wrong doings in proper perspective to nuture unity

9.2   Commit honour when the wrong doings of AVCF as acting Dean have been properly identified and not deemed as lies by the Bishop hence we rest in the full knowledge of what went wrong.

9.3   Continue encouragement is a two way traffic and such encouragement cannot prevail when the many suspected wrong doings are swept under the carpet.

9.4   Connect with God in crisis is desirable when the wrong doings are investigated conclusively.

10.   We need to move this motion forward to resolve the Crisis promptly.                    

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Motions as proposed for All Saints’ Cathedral AGM on 24^th March, 2013

Motion  1.   All Saints’ Cathedral members would urge the Dean and the PCC to appeal to the Bishop of Sabah to amend the following matters in the Constitutions that affect ASC in good governance with a Constitutions’ Sub-Committee (CSC) comprising 50% of ASC members and such amended Constitutions be in due process with the members of ADOS apart from Synod based on a guideline of proceedings.

The matters are as follows:-

1.1       Article XIII Cathedral Chapter of The Constitution of  Diocese of Sabah in sub section 3 as “In the event of the departure or transfer or retirement of the Dean, the Bishop shall be the acting Dean until a suitable successor is appointed” to be amended to ““In the event of the departure or transfer or retirement of the Dean, the Bishop shall be the acting Dean until a suitable successor is appointed AS SOON AS POSSIBLE AND WITHIN one YEAR”

1.2       The Composition of the Council ---Under clause ( c ) of Article VIII  where “Any other clergy and lay workers licensed by the Bishop to serve in the Parish” shall be observers status only and not part of the quorum.

1.3       In the Conduct of Annual General Meeting

The Motions and the audited accounts together with the previous AGM minutes and Reports must be made available in hard copy one week before the AGM and issued to those who are entitled to receive them.

The AGM minutes must be ready within one month of the AGM as concluded.  Such minute must be verified within 45 days from date of AGM by a verification committee consisting 2 member of clergy, 3 members of outgoing/incoming members plus 5 ordinary members attending the AGM.  The AGM’s minute must be fully signed and confirmed as correct.

1.4    Major projects above RM30,000

Any major projects above RM30,000 at any time in the basis year should be approved by an EGM unless it was already approved at the previous AGM.  A proper project paper would be desirable at the EGM.

Rational:-   1.  Norms for governance to be defined  2.   To avoid conflict, contradiction and selective applications.  3.   Certainties of roles.     4.  No profligacy of God’s money derived from tithes and donations.

Proposed by Joshua Y. C. Kong                               seconded by   Charlie Fu

Dated:  7^th March, 2013

supporting arguments

Supporting argument for motion 1

On 4^th November, 2012, the rector wrote “A committee will be formed to re-examine the church’s constitution and give suitable suggestions according to the growth of the church.”

So far we do not know what is happening with this Committee and the structure of this committee plus the processes of this review of the church’s Constitution in line with recent development in ADOS vis-à-vis ASC and other Anglican churches in Sabah and beyond.

In prevailing situation we have come to the stage to review all the constitutional aspects that would affect the lives of the members and beneficiaries of the ASC.  We cannot leave it to chance or the prerogative of the Bishop.  We should also examine all the constitutions of the Diocese of Sabah that can affect the lives of members and beneficiaries of the ASC.  We cannot allow anyone or any group to make new procedures in any situation without going through general meeting of ASC.

Items in 1.1, 1.2 and 1.3 are for good governance.

A Bishop and Dean performing dual roles for any extended period is disastrous undesirable as the Diocese of Sabah is very big with capable persons within and if not then engage someone outside with the right experience on contract.

In item 1.2, with so many non elected members, any PCC meeting could be conducted by their presence along as the quorum would be no problem.  These non elected members could vote for their own projects as the number can be big in PCC.  Such non elected members can be ‘loyal’ to the Bishop and the Dean and no accountable to the ASC members for any decisions as this was shared to us by Dr. James Chhoa in last year AGM in his motion on this  clause ( c ) of Article VIII . 

In item 1.3, the procedures for proper AGM or EGM should be introduced in writing and would encourage very good attendance.  What have been done for some years have been in disorder.  I believe we have a good office and good workers to comply with the time factor.  The minutes and reports of 2011 and 2012 are clearing lacking because we need the Constitution to discipline this performance not only available one hour before the AGM.

In item 1.4, about the amount of RM30,000 per project  is a good indicator of self regulatory that .we are conscious not to be wasteful or profligacy of the public fund and in this case it is God’s money needed to be handle properly.  To avoid reckless and improper unplanned spending, RM30K is good level and to some RM50K or RM100K maybe still too low.  If the PCC does its homework properly, any major project should go through the budgetary process at the earliest AGM.  We have this very sad episode of the House of Celebration worth RM30m in ASC ground without any planning and yet ASC is committed to RM18m namely 60% of the project.  Who actually approved that with one or two PCC meetings?  We have seen how RM70k was given to Sulaman Worship Centre under dubious circumstances.