BISMILLAH AR RAHMAN AR RAHEEM
AN APPEAL TO THE IAGD COMMUNITY TO PARTICIPATE IN IAGD AFFAIRS AND GOVERNANCE
INTRODUCTION
My name is Syed Mahmood Ali Khan. I have been part of the Islamic Association of Greater Detroit (IAGD) community since 1979 and have had the honor of volunteering in IAGD, and serving in many positions, including Board of Directors (BOD) and Board of Trustees (BOT). I have also served in many committees. My wife, Bibi Hajra Ali Khan, was the first lady to be elected to the BOD in IAGD. Our two daughters grew up as IAGD children.Due to my long association with IAGD, I have been blessed by Allah SWT with a unique opportunity to closely observe the evolution of the personalities, policies and politics in IAGD.
After a long period of soul-searching and discussing with other community members, I have decided to directly communicate with the IAGD community with a truthful analysis of the unethical actions of a group of IAGD leaders in the past several years that have adversely impacted IAGD. I hope, that by laying out the verifiable facts in front of you, I can hopefully raise your awareness and motivate the community to more actively participate in the affairs of IAGD. This can facilitate the changes needed to restore the integrity of governance and to help in reuniting this divided IAGD community.
“Amr Bil Ma’roof, wa Nahi ‘Anil Munkar” – Ordain and establish that which is good, and forbid and stop, that which is bad” -is a moral and social obligation of every Muslim. Seeking a pathway for moral awakening and self improvement in a society cannot be accused of being a “fitna”. Constructive criticism in an attempt to reform cannot be allowed to be labeled as “trouble-making”. For generations now, the Muslim Ummah has generally opted not to “stir the pot”, for fear of revenge and reprisal by those in power, and for fear of being accused of creating “fitna” and being labelled as “trouble-makers”. No one should be afraid to speak and seek the truth.
I will, Insha’Allah, attempt to elaborate on the above broad observations by dividing this document into several sections, each dealing with a specific topic.
I. HISTORICAL BACKGROUND OF IAGD CONSTITUTION AND ITS ABUSES BY SOME IAGD LEADERS
IAGD was founded in 1978. Until 1985, the BOD was the only body, directly elected by the General Body and managed all the affairs of IAGD. The BOT was created in January 1985 after the constitution was amended in late 1984. The BOD is still the only body directly elected by the General Body while the BOT is indirectly elected by the BOD. The current IAGD Constitution does not consider one body to be either superior or subservient to the other, rather it considers both as co-equal bodies with different duties and responsibilities. The BOD is the only operating body authorized to make all the administrative decisions and execute the daily operations of IAGD. The BOT can approve or disapprove any transaction of real estate, including selling, buying, financing and construction when properly prepared and submitted by the BOD.
THE IAGD CONSTITUTION HAS NO PROVISION FOR THE BOT TO UNILATERALLY INITIATE ANY ACTIVITY OR TAKE CHARGE OF ANY PROGRAM OR PROJECT THAT THE BOD HAS NOT SOUGHT ITS APPROVAL FOR.
The BOT has spent millions of dollars from the asset accounts for the expansion project without the required allocation and approval of expenses by the BOD in 2017 and 2018 budgets. This deviance from the proper procedure will likely also continue in 2019. The BOT must take full responsibility and be held accountable for the public resources at IAGD that it has illegally spent, in serious violation of the IAGD Constitution.
II. SOME SERIOUS DEFICIENCIES IN THE IAGD CONSTITUTION EXPLOITED BY THE BOT AND ITS ALLIES
The following is a brief summary of some serious deficiencies in the current IAGD Constitution that were exploited by the BOT and its allies to cause serious harm to IAGD and its governance and reputation.
i. No provision to resolve differences or conflicts between the BOT and the BOD:
This weakness in the IAGD Constitution caused serious damage to IAGD when the BOT filed a lawsuit against the BOD and the Election Committee in 2013. The most ironic part about the lawsuit was that the BOT named IAGD as the first defendant. IAGD had paid a heavy financial cost at that time to defend itself against the lawsuit and continues to pay an even a higher price to date, in the form of a divided community and decline in financial support.
ii. No safeguards against any conflicts of interest to prevent nepotism:
There is a possibility of collusion between related members in both the Boards. This has been happening in IAGD for a very long time.
iii. No provision of term limits for BOT/BOD members:
This has enabled the BOT members to remain there for decades, without giving the opportunity of infusion of new blood and new ideas into the Association. This reflects a mind-set of maintaining control, as the first priority of many in the BOT.
iv. No provision to take action against BOD Members who deliberately abstain from or boycott BOD meetings:
At the behest of the BOT, 4 BOD members deliberately boycotted BOD meetings from 2013-2016 to prevent the establishment of a quorum and completely disrupted the normal operations of the Association. They got away without any punishment. This is indeed disgraceful!
v. Weaknesses in establishing/approving membership eligibility:
Many similar Islamic organizations have strict requirements of verifying identification documents, including proof of residence/payment of membership dues by none other than the member. Some organizations allow voting rights to those residing in certain geographic zones. The BOT and its allies have perceived enough ambiguity in the current IAGD Constitution regarding the membership regulations to perpetrate election fraud in the BOD Elections by their “vote-buying” schemes. They consider such unethical actions permissible as they believe that only the ends justify their means. However, in Islam, righteous means alone can justify a proper end, that pleases Allah SWT.
III. GRADUAL DISMANTLING OF THE IAGD CONSTITUTION AND EFFECTIVE TAKEOVER OF IAGD BY THE BOT THROUGH THE FOLLOWING ACTIONS
Some of the background to this development has already been covered in Sections I and II. I am summarizing below the following past actions taken by the BOT, in collaboration with the BOD, to gradually dismantle the IAGD constitution and effectively take over the Association. These actions are continuing to this date.
i. Manipulating the BOD to appoint BOT’s chosen candidates as Trustee, often based on nepotism:
Latest 2019 Trustee appointee has no record of service and has not volunteered at any level in IAGD.
ii. Seizing control from the BOD regarding appointment to its committees:
At the beginning of each year, for the past three years, the BOD President has presented a fully prepared and completed roster, apparently by the BOT, of all committees to the BOD. All that was asked of the BOD was its endorsement and approval.
iii. Denying the BOD Treasurer access to IAGD asset accounts and seizing his check-writing powers in 2011- 2012:
This is a serious violation of the IAGD Constitution.
iv. Filing of lawsuit against 5 majority BOD members in September 2013 for their constitutional action to set an election schedule:
The 2013 BOD majority, based on Article XI, Section II.g, took action to stop an election fraud and were sued by the BOT. The serious damage caused to IAGD by this action of the BOT has already been described in detail in Section II.i.
v. Engaging in massive election fraud by buying votes starting in June 2013, and in every subsequent election since then:
Verifiable data is available proving all the following practices. These vote buying schemes include:
a- Serialized money orders/cashiers’ checks used for membership dues of people from different localities.
b- Third party checks to pay for the membership dues for another person.
c- Paying others to become IAGD members. One such person acknowledged in a BOD Meeting (duly recorded in the BOD Meeting minutes) that he spent $20,000 of his own money to pay others to become members.
d- Small business owners pressurizing their Muslim employees/extended families to become members and instructing them to hand over their voting ballots.
vi. Attempting to take over the entire IAGD organization in April 2016:
Following withdrawal of its illegitimate lawsuit against IAGD and the majority members of the BOD, by claiming to dismiss the BOD; closing the bank accounts that BOD had access to and were being used to run the normal operation of IAGD; bringing in armed guards and changing locks throughout the building to stop BOD and volunteers from carrying out their duties.
vii. Blocking a completely constitutional “Special General Body Meeting” from being conducted on June 4, 2016:
By locking the Social Hall and employing armed guards, in a show of brute force.
viii. Not honoring most of the commitments the BOT made in June 2016 MOU:
These included: (i) Not allowing the 2016 BOD to run the organization for the balance of 2016; (ii) Creating parallel BOT-controlled Membership and Finance committees; (iii) Ensuring the lack of a quorum at the BOD Meetings by orchestrating the deliberate absence of minority BOD members (the allies of the BOT; (iv) Not honoring the appointment of a Trustee by the 2016 BOD, and other broken promises and violations, that are not mentioned here.
ix. Creating a secret “IAGD Foundation” in May 2016 without knowledge, consultation, or approval of the General Body:
Transferring all the assets of IAGD to this unconstitutional Foundation, and appointing themselves as life-time members of this clandestine “IAGD Foundation”.
x. Failing to honor their promise to the community to dissolve the IAGD Foundation (2016) and creating a new “IAGD Foundation” (December 2018/January 2019):
In December 2018 BOD Meeting, the BOD President presented the proposed new “IAGD Foundation”. This document presented to the BOD was prepared by the same lawyer who had prepared and incorporated the “IAGD Foundation” in May 2016. Since this matter was never discussed in the past BOD meetings, it is apparent that this proposal was created by the BOT. The BOD unanimously approved this new “IAGD Foundation” in its January 2019 meeting. The current IAGD Constitution does not authorize either the BOT or the BOD to start any new or subsidiary organization(s) with its/their own IRC 501 (C) (3) non-profit status. The BOD can start a committee, but not a corporation. No such organization can hence be a part of IAGD. The “IAGD Foundation”, approved in January 2019, is illegitimate and unconstitutional, just like its predecessor that was established in May 2016. The May 2016 “IAGD Foundation” still exists. It has never been dissolved despite the promise made to the community more than 2 ½ years ago. Both these foundations must be dissolved immediately.
xi. Starting a huge construction project in 2016 without consultation and approval of the General Body.
IV. FAILURES OF THE BOD SINCE JANUARY 2017
The IAGD Constitution has assigned the responsibility of running the daily operations of the Association to the BOD. Since January 2017, the BOD is allowing the BOT to interfere with and control the organizational functions that the BOD should be carrying out, thus willingly participating in the process of surrendering to the BOT, the BOD’s autonomy and authority vested to it in the IAGD Constitution. The IAGD Constitution has entrusted the BOD with the duty “to implement the constitution”. (Article XI, Section II b). Following are some of the unconstitutional and unethical actions of the BOD that have seriously damaged and will continue to damage the proper governance at IAGD:
i. Relinquishing their fiscal duty to prepare a complete yearly budget for IAGD:
Without allocating funds for the construction project, IAGD budget presented by the BOD to the BOT in the last two years is incomplete and unconstitutional. Any expenditure, not proposed by the BOD but nevertheless incurred by the Association due to the unilateral, unauthorized actions of the BOT, is unethical and unconstitutional. (Section I above). The BOT and the BOD must both be held accountable for these illegally incurred expenses to the Association.
ii. Allowing the BOT to control the committees “appointed” by the BOD:
At the beginning of each of the past three years, instead of deliberating the composition of the committees, the BOD President has presented a fully prepared roster of all committees which has included names of people whom he himself admitted to not knowing. The person appointed as Constitution Committee chairman was one of the 4 minority BOD members who, at the behest of the BOT, boycotted the BOD meetings between 2013 and 2016. From 2017 through 2019, the Membership Committee Chairmen were appointed based on nepotism, thus seriously damaging the credibility of the committee. 2018 Election Committee Chairman had no prior record of service at IAGD.
iii. Appointing an undeserving person as a Trustee:
The latest appointee as a Trustee has never participated or volunteered at any level in the affairs of IAGD. His kinship with one or more of the Trustees is well known and appears to be reason for his selection. It is a disgrace that the BOD appointed such an undeserving person as a Trustee, particularly because there was a choice before its members to select a more deserving nominee.
iv. Creating a new IAGD Foundation, while IAGD Foundation of 2016 is still viable:
This has already been detailed in section III.x above.
V. WHY HAS IAGD LOST THE SUPPORT OF MANY COMMUNITY MEMBERS?
i. The current administration’s policy of non-inclusion, lack of transparency, not engaging the community in the “Shura” process, being intolerant to even the slightest difference of opinion and not catering to the needs and expectations of this community are the main reasons for the declining support for IAGD projects.
ii. Many other deserving Masajid and Islamic organizations have come into being in the immediate vicinity of IAGD and are providing much needed programs for children, youth, men, women, and senior citizens. As a result, the volunteer efforts and financial support of IAGD community members are now going elsewhere.
iii. With its obsession of pursuing the unpopular expansion project, which has “zero” input of the IAGD Community and is a brainchild of only a handful of individuals, the IAGD leaders are ignoring the known preferences of this community to provide many programs that the community members have been seeking.
CONCLUSION: HOW WE CAN MAKE IAGD BETTER - APPEAL TO THE COMMUNITY TO PARTICIPATE
Participating in organizational affairs, being vigilant about the activities and decisions of its leaders, and asking them the required questions, will be the beginning of a desirable and a long-overdue change in the structure and governance at IAGD. My appeal to the fellow IAGD community members is to please do the following:
i. Please attend the monthly BOD meetings that are open to all members. Please ask questions and stop the BOD from making unwise decisions that they are making due to absence of community oversight. To ensure transparency and accountability, your participation is required now, more than ever before. Absence of participation and oversight have emboldened the current leadership to override the community’s sentiments.
ii. Please demand that, in order to ensure transparency, the BOT meetings be open to IAGD members to attend. IAGD Constitution does not specifically allow for secretive, closed-door BOT Meetings.
iii. Please demand that, going forward, minutes of the monthly BOD and quarterly BOT meetings be published regularly. Please demand that both the Boards provide access to any of their previous minutes, to appraise yourself of their decisions that have directly affected you. (IAGD Constitution, By-Laws, Article IV, Section I).
iv. Please demand immediate dissolution of the unconstitutional new “IAGD Foundation” and the May 2016 “IAGD Foundation”. Please demand from the IAGD leaders that promises made have to be kept indeed.
v. Please demand the following information related to the expansion project: (a) Total estimated cost, based on detailed professional estimates; (b) Current balances in IAGD Asset Accounts ; (c) Money already spent on the project; (d) Projected completion timeline; (e) Explanation of plans to generate adequate funds to complete the project and (f) Explanation of plans to generate additional revenues for the increased payroll for more employees, utility bills and maintenance cost of the future larger structure, while the Association is experiencing difficulty in balancing the budget for the current, much smaller facility.
vi. Please demand a transparent effort by independent IAGD members to properly amend the IAGD Constitution. A strong, fair, and equitable constitution will ensure future stability and success of IAGD.
May Allah SWT guide the IAGD Community to do what is right and what He expects each one of us to do to seek His pleasure alone. Ameen.
Your Brother in Islam
Syed Mahmood Ali Khan
February 2019
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