Below is the Past Presidents Constitution that was attempted
to be filed in with ROS. It goes contrary to the Lions International Standard Constitution and By-Laws.
Here are some relevant points from the new set of Rules and
Constitution of LCKK Host. The underlining is made by me. My comments are in
red.
The “Written Notice Of Resolution To Replace Our
Rules And Constitutions With A New One” together with the new version of
the Rules and Constitutions were circulated to members for comments on 02 August, 2017. Members were given up to 10th August, 2017 to respond if they have any
modifications to make. Since the committee did not receive any proposal to make
modifications, Ln. Datuk Joseph proposed that the Resolution “Be it resolved THAT the existing Rules and Constitution of Lions Club of Kota Kinabalu Host be hereby deleted in its
entirety and be substituted by the attached proposed Rules and Resolutions with
or without modifications” to be endorsed and accepted by the AGM.
(Note: The mastermind behind this, as in many other matters,
is John Ho but who can point his finger at John Ho. Now, this gentleman – Datuk
KJ Joseph- is dead and gone - may his soul rest in peace. I understand that this proposal was rejected by ROS.)
RULES AND CONSTITUTION OF
LIONS CLUB OF KOTA KINABALU HOST
CLAUSE 12 INTERPRETATION
12.1 Between
Annual General Meetings the PP Council Exco shall interpret the rules of the
Club and when necessary, determine any point on which the rules are silent.
12.2 Except
where they are contrary to or inconsistent with the policy previously laid down
by the General Meeting, the decisions of the PP Council Exco shall be binding
on all members of the Club unless and until countermanded by a resolution of a
General Meeting.
(The powers of
PP Council are definitely more than any of the other committees. In fact the
power of the PP Council exceeds that of the BOD.This is the way it has been and
now they want to change the constitution to accommodate what has been practiced
all this while.)
CLAUSE 16 DISSOLUTION
16.1 The
Club may be voluntarily dissolved by not less than three-quarter (3/4) vote of
the members present and voting at a General Meeting with a quorum. No such
motion for dissolution shall be put to vote by Club members unless the PP
Council has previously considered the merits of and approved the motion to the
Board of Directors.
(Again the above shows how
powerful the PP Council is. It is unlike
all other
committees which are
appointed by the BOD.)
CLAUSE 23 OBJECTS OF PAST PRESIDENTS COUNCIL
23.1 The
main objective of this Council is to provide a more stable body than the
annually changing Board of Directors of the Club to take care of prolonged debt
management required for the purchase of assets and their up-keeping and
maintenance and for the implementation of signature projects with LCIF, sister
and other Clubs and such other activities as the members of the Club shall
determine.
23.6 Managing
the Club’s premises and receiving grants, donations, bequests in cash or in
kind or seeking funds for this purpose.
( The office
lot was purchased from project fund which strictly should not be. The three
secret accounts are managed by PP Council and have been managed by the PP
Council for many years.)
CLAUSE 26 PP COUNCIL MEMBERS MEETING:
26.1 The
PP Council Exco shall call for a meeting of members of the PP Council at least
once a year and whenever the need arises to discuss issues affecting the Club
by giving not less than seven (7) days’ notice. At the Annual Meeting of
members, the PP Council Exco shall present a report of all its activities
during the year, the audited financial statements relating to the running of
the Club’s premises and the audited financial statement of the PP Council.
(No report was
provided during the year I was director in 2015/2016. According to the members
I have enquired from, no one knew of the secret bank accounts and no reports or
financial statements of the PP Council were ever given to them.)
CLAUSE 27 STRUCTURE
27.1 The
PP Council Exco shall be responsible for the management of the Club’s premises and
shall approve all operational expenditure and seek funds to defray all the
expenses of the Club’s premises expenses.
27.2 The
PP Council Exco shall be responsible for the implementation of signature
projects with LCIF, sister and other Clubs that have been approved by the Club
members at a members meeting and make payments relating thereto provided
always the amounts so paid are within the budget approved by the Club members,
any additional budget would require further approval from the Club members.
27.4 The
PP Council shall with the approval of members of the Club at a members meeting
maintain bank accounts that are separate from the Club’s bank accounts set up
under Clause 10.3 and such bank accounts shall be operated and all cheques
shall be signed by any two of the following PP Council Exco members; the
Chairperson, the Vice-Chairperson, the Secretary, the Treasurer.
(This has
already been practiced all this while without the approval of members of the
club.)
27.5 The
PP Council shall be independent and is not under the control of the Club’s
President and the Board of Directors. The Club’s President may be invited
to any meetings of the PP Council or the PP Council Exco and may speak but not
vote at any of the meetings.
(All other
committees are responsible to the BOD)
CLAUSE28 FUNDS, PERMITTED EXPENSES AND RESTRICTIONS
28.1 The funds of the PP Council shall be
derived from:
28.1.1 Contributions from Past Presidents or any
member of the Club;
28.1.2 Contributions
from any other individual or organization or the Club;
28.1.3 The
Club’s share of Convention Organizing surplus;
28.1.4 Excess
funds from activities with Clubs outside Multiple District 308
(Is this
allowed by LCI? NO!)
28.1.5 Rental
of Club premises.
28.1.6 Bank
interest income.
(Specifically
disallowed by LCI)
28.2 The
PP Council shall not raise funds from the public and shall not accept any
transfer of funds from the Club if such funds were raised from the public
unless such funds are to be used specifically for signature projects.
28.3 The
PP Council Exco shall have no power to utilize the monies of the PP Council for
any other purpose other than for the maintenance, repair, management, purchase
of new or replacement of furniture, fixtures and equipment for the Club’s
premises and for the running of the PP Council and for helping the Club when in
need and for hospitality accorded to visiting Lions from sister or other Lions
Clubs and for the implementation of joint signature projects with LCIF, sister
and other clubs outside the District in which the Club is located.
28.4 Other
than payments for the implementation of joint signature projects the PP Council
Exco shall have power to spend only up to RM5,000.00 in any one payment and any
one single purpose major transaction (no repeat transactions). Any amounts in
excess of RM5,000.00 shall only be made with the consent of a majority of the
voting PP Council members present and voting at a meeting of PP Council
members, called for the purpose of approving the expenditure, with a quorum
present.
28.5 The
PP Council Exco members shall not be remunerated but may be reimbursed for any
out of pocket expenses incurred by them on behalf of the PP Council.
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