Tuesday, April 16, 2019

Attempt to replace Lions Club's Constitution



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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