290. ASC Amendments for EGM

After writing the earlier comments on the All Saints’ Cathedral’s proposed Amendments (see below) and in the light of recent decision at the High Courts, I would like to make the following comments:-

The implication of the non legal entity of House of bishop of the Anglican province on churches in south east asia has great impacts (illegalities) on the ADOS & ASC where bishop of sabah has an important role to play.

Is Bishop of Sabah appointed by HoB of APSEA legal?  If not legal and so are the ADOS and ASC.  So why are we amending an illegal constitution of ASC?

How can we go to amend any item of a constitution where due notice must be given when there is a error in ITEM 6, the 7 (what?) days, working days, weeks, months?  I call this the hand of God to call off this EGM.  Let this be an exposure draft.

Also if 7 (what) days is considered appropriate, which I don’t agree as it is too short and an honourable person can go outstation for a week or more.  Also there is no provision to appoint or elect a new treasurer.  This can be handled by the standing orders of PCC.

Also how do anyone to sign off any cheque to be bounced off if there is no fund in the bank account or any unusual expenses like bonus of say RM100,000 not provided in the budget.  no pcc or any committee can approve that.  the treasurer should not have any reason not to sign any cheque when properly approved by pcc as a normal expense item if the supporting facts and items/documents are available.

There are no urgency for the EGM and the issues can be dealt with the AGM due in two months time.  First establish the legality of APSEA, ADOS and ASC.

Joshua Kong  6013-8394513  4^th of February, 2013

Dear rev C fu,

I do not intend to defeat the Proposed Amendments as it is.

I hope the EGM can be called off as it is still CNY.  The Proposed Amendments can be refined and then tabled at the AGM on 12th Of April, which is not an Election year and save the church and members time and effort/money for a possible futile exercise as it is.

There is not even a half way house to better days.

The Amendments as proposed would have to get the green light from the Bishop and then table for the members to approved or otherwise it can be ding dong.  This is the first time ASC is doing this as far as I can remember.

The last amendment were done in 1996 by the bishop alone.

Also the existing ASC Constitution is technically an illegal one for the notice of 14 days and not corrected to 21 days but the ASC admin used to inform the members of the AGM well ahead of 21 days.

We need to do a better job than what had been done that cannot be undone.

If we check the Anglican Irish Constitution (parent one), it is 153 pages and how many pages are ours in ASC and  ADOS?  So to be comprehensive we must have clauses to deal with all the possibilities and not let lop holes to be obvious.

We don't want AVCF to point at the Treasurer and so "I told you so and now rectified".  If this is the standard constitution for all churches in ADOS, then we can accept that.  That is permanent damage and we need to make it straight now.

The sack issue of any PCC members can be done in the Standing Order. We are not a public NGO as such but we a body of Christ and so we need to show the way. 

It was indeed a very sad episode on the case of ex-Teasurer who was doing her work very well and we will see what is to come in AGM 2014.  In the AGM 2013, there was a mighty effort to remove the ex-Treasurer by all the below the belt measures.  I hope she (not him/he) will stand again in 2015.  The latest amendment unfortunately is to make her as a target unjustified.

God already defeated this Proposed Amendment on 8th February, 2014.

Thank you,

Joshua


Dear Rev Clarence,

So the draft is the work of 5 persons as authorised by Dean Chak and no green light from the Bishop yet.  I think this is the first time this is happening  in ASC and ADOS.

I think drafting the amendment is one thing and should have gone

through an exposure draft for the congregation to comment to refine it.

I am sorry to say that it is not good enough to work to promote fairness,
justice and transparency plus practicality.

Why should ASC stands out to sack a honourable treasurer at this stage to

throw a bad light on the previous treasurer to live her life resulting in such an action?  That is what AVCF wants to see and by having such a clause, it is indeed a nightmare for Rosalind.  The sacking of the treasurer or any elected officials can be handled by the Standing Order within the PCC.  The ASC constitution even does not have a clause to remove an elected PCC member for failure to perform like absent from three consecutive PCC meeting without any reason.  Anyway God has His hand in this amendment.

Any amendment must also ensue that only genuine Malaysians are in the electoral roll.

Why does this amendment needs to go through the Synod?  I thought in the

past it is the Bishop who decided everything.  So if it needs to go through the Synod, there must be a model constitution already and that is not the case, I believe.  ASC must be the model in ADOS.

BTW, is "his" in the amendment as repeated means only a man can be a treasurer?  I know the law can be funny like only male can be priest in Anglican tradition of Sabah. Elsewhere we have women priests.

Synod is coming soon and we must curb the tenure of the Bishop as acting Dean to maximum two years only otherwise ASC Constitution is going to be abused and denied by a recalcitrant bishop with the prerogative power.

Finally, would you permit to publish your reply in my blog?

Thank you for your prompt reply and God bless you.
Joshua

 The above is a reply to Rev. C. Fu
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I wonder why this AGM 2014, there is no election of the PCC, why is it so urgent to hold EGM at additional cost and why not wait for two months on 12th April, 2014 when the AGM would be held and the Amendments can be held then ? 

All Saints’ Cathedral

This is very important constitutional Amendment

1.             Since we started the change of the Constitution since late 2011, it is only now we see something on the very important Constitutional Amendment which is still very lacking in substance to anything near the revamp of the ASC vis-à-vis ADOS.

2.             Why is the notice of EGM for the amendments not attached to the proposed amendments sheets?

3.             Is the proposed amendment originated from the Bishop or the Dean or members of ASC?

4.             Since the Bishop has the prerogative to approve such amendments even after the EGM which may approve all the proposed amendments or some of the amendments.  I wonder if the proposed amendments in such sketchy stage would be finally approved in principle by the Bishop and how quickly would that be done?  Otherwise it is a futile EGM.

5.             Overall the proposed amendments are inadequate to deal with the problems and crisis since 2011 in ASC vis-à-vis ADOS as the fundamental causes are not really dealt with.

6.             If I have a say – the whole proposed amendment should go back to the drawing board as EGM and Constitutional Amendments are not regular affairs for an expanding church like ASC.

7.             The main reason for the crisis which I call BISHOPGATE is that we had a bishop cum dean who had violated the existing Constitutions which were highlighted in the AGM of ASC in 2012 where two major Constitution issues were put to the vote in two Resolutions.

8.             Both these issues were not addressed in this Proposed Amendments namely there is no curb in the term of the bishop and dean holding both positions for an extended time and that the power of the normal PCC was very much diluted by excessive nominees of the bishop cum dean.  A bishop cum dean can be a recurrence anytime.

8.1    Instead of improving the performance of PCC, it is another ‘laughing stock’ to belittle the elected Honorable Treasurer who is expected to performance out of good heart and much sacrifice for holding such non remunerated office.  How can an elected Treasurer be sacked for whatever reasons unless the person decides not to continue to serve?  I have been pioneers of formation of NGOs and have to see first time that the elected or appointed Treasurer can be sacked as stipulated in the Constitution.  I think such clause or term is against public interest and it is happening in ADOS.  Better still to go ahead with a civil suit if the Treasurer refuses to sign any cheque.  Then the question is ASC would be without a Treasurer as sacked and how to get a replacement by appointment or election?  There is no provision in the amended Constitution to deal with a PCC without a Treasurer.  Why is there such a thing to move forward with such a clause in ASC giving the impression all is not well with ADOS?

8.2  We must recognize and define what is the role of PCC in a church environment ?  Is it about the play of numbers in PCC?  If that is the case it is already a ‘political’ maneuver in every move for every act and decision in PCC.  If that is the case the quality of the performance in the PCC to manage the church is to be questioned.  I see in the elected lay council members to the PCC, equal numbers from the three main sections while the least section (Filipinos) would be ignored.   Is this a healthy development?  In the recent decades until AVCF comes in, there was never such division of the members to be elected as we were more interested to get committed, capable and matured members to serve in the PCC.  Such division mired by self interest is designed to serve some people.  This system of equal numbers from the three divisions would mean more sitting ducks.  The amended Constitution does not spell out how the elections would take place?  Would the English division votes for their 4 members in PCC and likewise with Chinese and BM?  If this is not the system, the results would be awry as it was seen in the AGM 2013 where chaos reigned supreme as there was menu from certain quarters later exposed by emails and this can destabilize the church in its machinery as any divide and rule cannot go on for long in God’s church.

8.3   Also on what basis are that the three divisions have equal representations?  Why are we doing that as a church?  By all means, we must stop all manipulations from any quarter at any AGM’s elections.  After the elections, most of those members from certain divisions disappeared and not interested in the affairs of the church and is that what we want as all credibility would be lost.

8.4    If the representation is based on the confirmed members who are local and citizens, then if the English divisions has 4 members, the Chinese should only have 2 and possibly also 2 for the BM if all the members in the Rolls are genuine Malaysians.  Can ASC clean up the electoral rolls for the BM division by checking their identity cards?

(NB:  All Christians or otherwise can attend church but to be in the Electoral Roll is a  separate matter)

8.5    If the representation is based on financial contributions annually, the ratio as in paragraph 9.4 should be a fair one.

9. As there is no determination on the voting system in the Constitution (old and amended) and if all the members vote on one ballot paper as in AGM 2013, the winners for the English division would get the low or least votes giving a very degrading impression for the elected members in PCC hence their voice could be weakened (also sort of demoralized) in PCC as the number of the winning candidates .  We always pray to God for the election to get the right people into the PCC but any manipulation would be counterproductive.  Tell me how would those least interested (traditionally) in the affairs of the ASC can select any one from the English division to serve in PCC effectively and efficiently?  Please enlighten me if this view of mine is to be challenged.

10.  So far it is enough for me to deal with the proposed Amendments and I strongly believe the Amendment should not be passed individually or in total on 9^th of February, 2014.  We need to do much more to make ASC a vibrant and a model church in ADOS and the Constitution should be in place to do that.

Joshua Y. C. Kong

6013-8394513