Saturday, October 26, 2019

FAQ: IAGD Petitioners requesting an SGBM vote for Imam Aly Lela reinstatement


 FACT   The membership has the constitutional right to call for a Special General Body Meeting (SGBM) - Article VII Section d of the IAGD Constitution

 FACT   The IAGD Constitution requires the BOD to “Carry out the policies & decisions of the general body” – Article XI Section 2c of the IAGD Constitution (Duties & Responsibilities of the BOD)


Q1.  I am neutral or don’t care whether Imam Lela is reinstated.

A.  You should care that proper processes and regulations are being followed. The next time there could be a BOD action that you don’t like. You will not be able to stop it if this authoritarian attitude of BOD/BOT is not resisted now.

Q2.  Is the call for an Oct 27, 2019 SGBM legitimate?

A.  Article VII d of the IAGD Constitution states “Special General Body Meeting may be called by the Board of Directors or not less than one-third of regular members.”

Q3.  I thought only the BOD can call a Special General Body Meeting?
 

A. No. The BOD calls the Annual General Body Meeting (held in December) where elections are confirmed, annual reports reviewed, and any other business conducted.

Q4.  How does the SGBM differ from the Annual General Body Meeting?
 

A.  By seeking a petition with a specific action to be approved by the General Body of IAGD and signed by not less than one-third of regular members, the IAGD regular members may call a SGBM, on a date and time of their choosing.

Q5. Why did we ask for an updated membership list?

A.  We asked to receive a membership list from the BOD within 48 hours of petition submission OR to use August Newsletter membership list to validate the names in the petition to ensure fairness and transparency. There have been past allegations of impropriety in the compilation of membership list, we wanted to avoid this controversy.

Q6.  Why do we want Br. Rahmat Awan (Membership Committee Chairman) to be excused from the activity to validate names in the petition?

A.  Br. Rahmat Awan (Membership Committee Chairman) is also the BOD Vice-President. We are requesting that he should be excused from participation in the membership validation process because of conflict of interest, or appearance thereof, as he was a party to the decision to not renew the Imam’s contract.

Q7.  What is the deadline for the BOD to send out notice for the Oct 27 SGBM?

A.  Article II b of the By-Laws states – The notice of a General Body Meeting shall be mailed to each member at the address shown on the mailing list not more than 30 days and not less than 10 days prior to the date of the meeting”.

Q8.  Is it mandatory for the BOD to implement the petition once the motion is approved in the
SGBM?

A.  Yes, if quorum is achieved and the resolution is approved by the majority of the members in a SGBM, it becomes mandatory for the IAGD administration, to enforce it. Article XI Section II c states - Board of Directors shall “carry out the policies and decisions of the General Body”.

Q9.  What is the role of BOT in the IAGD constitution as it relates to a SGBM?

A.  The BOT have no designated role in the IAGD Constitution in any matters related to the SGBM or the Annual General Body Meeting. If a 1/3 membership quorum is achieved on 10/27 at the SGBM and the majority present votes in favor to reinstate Imam Lela, the BOD must accept the will of the General Body BOD and should then meet with the BOT to “confirm the appointment and sign a contract” for Imam Lela, per IAGD constitution.

Q10.  What rights do members have at IAGD?

A.  Among other rights, IAGD Members can:1) Vote in the annual BOD elections. 2) Contest in BOD Elections. 3) Call SGBM. 4) Vote in SGBM.

Q11.  Are we creating Fitna by challenging the IAGD BOD?

A.  No. On the contrary, to unite behind injustice is contrary to the teachings of Islam. It is our IAGD constitutional right to call for a SGBM, as we know that we have gathered more than 1/3 of membership signatures. Many non-members, who regularly come to IAGD, also signed the petition as they also believe that Imam should be reinstated.

Q12.  What is different this time vs. the last time a SGBM was called and armed security was hired to intimidate the membership and the locks to the IAGD were changed to the doors to prevent access to the IAGD?

A1.  The last call for a SGBM (May 2016) was submitted to a BOD who the petitioners considered to be the rightful, while BOT did not recognize them as such and did not accept the validation that BOD conducted in reviewing the signatures to the petition. The petitioners at that time were seeking to dissolve both the Boards. No such controversy exists now and the current BOD is recognized.

A2.  The last call for a SGBM (May 2016) was calling to dismantle both BOD and BOT. This call for SGBM has a single issue to be voted on (reinstate Imam Aly Lela or not), and is in full compliance with the IAGD constitution.

Q13.  What are the responsibilities of BOD regarding holding a SGBM?

A.  The constitution requires the BOD to:
  1. Complete the petition members verification activity in a timely fashion
  2. Send out SGBM notice to membership at least 10 days before the meeting
  3. Facilitate the holding of SGBM for the singular purpose of voting on the petition. The parliamentary procedures clearly indicate that there shall be no discussion on the petition motion, since the motion is on the floor purely for seeking a vote.

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