GOVERNANCE 1. SCOPE AND AUTHORITY OF POLICY 2. THE MAJLIS 3. MOSQUE MANAGEMENT BOARD 4. ETHICS AND CONFLICT OF INTEREST

Transcription

1 Governance: GOVERNANCE 1. SCOPE AND AUTHORITY OF POLICY 2. THE MAJLIS 3. MOSQUE MANAGEMENT BOARD 4. ETHICS AND CONFLICT OF INTEREST

2 Governance: Scope and Authority of Policy 1. SCOPE AND AUTHORITY OF POLICIES The official actions of the Majlis, MMB and its components, administrators, employees, and agents are governed by the following: 1. State Law All policies of The Majlis & its MMBs are subject to all relevant laws, rules, and regulations of the Singapore government. It is the policy of the Majlis to comply with state laws, rules, and regulations at all times. Any policy, regulation, rule or procedure found to be in conflict with a state law, rule, or regulation shall be null and void to the extent of the conflict. 2. MMB Policies MMB Policies guide the MMB by incorporating the Majlis philosophies, expectations and priorities. MMB Policies create administrative structures, set priorities, delegate authority, assign responsibility, ensure accountability and define reporting requirements. System Policies should be concise, understandable and contain minimal detail. a. The Majlis shall formulate, update, adopt and publish official policies to 3. Policy Review establish direction for the MMB. The MMB is responsible for implementation of the policies adopted by the Majlis. The Majlis requires its members, administrators, employees, agents, and students to comply with all MMB Policies at all times. Noncompliance with System Policies may be considered grounds for disciplinary action, up to and including termination of employees and/or Board Members. The Majlis is responsible for periodic review and recommendations to the Majlis on the renewal and/or revision of policies, and each policy must be reviewed at least every three years; however all policies are subject to review at any time on special call by the Majlis or on the recommendation of the MMB. The Executive Secretary to the Board shall be responsible for maintaining an updated copy of MMB Policies. 4. MMB Regulations The Majlis shall establish MMB Regulations. MMB Regulations shall include specific directives, procedures, and reporting requirements needed to implement MMB Policies and shall include interpretations where issues are not covered or are unclear in MMB Policies. MMB Regulations may also be used to communicate uniform procedures, and reporting requirements established by the MMB on matters of overall concern that are not specifically addressed in MMB Policies; and to provide for uniform compliance with fiscal, human resources, and other management standards and requirements imposed from external state law or rule. MMB Regulations are null and void to the extent they conflict with MMB Policies. 5. Mosque Circulars From time to time, it is necessary for the Majlis to issue uniform directions to mosques with respect to a matter that is not fully addressed in MMB Policies or

3 Governance: Scope and Authority of Policy MMB Regulations and which frequently requires action within a given time frame. Communications of this nature will be distributed in a series of numbered Mosque Circulars. The Circulars shall be included on the MMB Policies and MMB Regulations computer database for easy reference. 6. Executive Directions Individual MECs/MESs/MMs may issue memoranda giving direction to divisions and departments on matters related to their internal operations. Such directives shall make appropriate reference and be in compliance with published MMB Policies and MMB Regulations. 7. Awareness Each member of the MMB will be provided a copy of the MMB Policies, MMB Regulations It will also be the responsibility of the MMB and of each MEC/MES/MMs to ensure a. Copies of MMB Policies, MMB Regulations and all updates to such items are made available to all employees in positions of authority; b. All such employees have training in the application of such policies, regulations and rules; and c. All employees are trained in policies, regulations, rules and procedures pertinent to their responsibilities.

4 Governance: The Majlis 2. THE MAJLIS Policy Statement In accordance with the Administration of Muslim Law Act (AMLA), Chapter 3 Section 74, the Majlis shall be vested with administering all mosques in Singapore together with all assets and funds of the mosques. 1. The Majlis deems that mosques shall be its frontline entities that will cultivate MUIS Vision for the Community; A Muslim Community of Excellence through the implementation of Islamic Learning and Social Development objectives. 2. Thus the Majlis delegates the responsibility of administration of all assets and funds of mosques to the respective Mosque Management Boards pursuant to the objectives set by the Majlis, unless otherwise stated in the MMB Policy. 3. The Majlis have the sole authority to appoint/terminate any member/s of a MMB. For application conditions, see, Section 3.0 Appointment of MMB. 4. The Majlis have the authority to approve the dissolution of any MMB. 5. The Majlis shall formulate, review, update and publish the official MMB policy for the Mosque Management.

5 3. MOSQUE MANAGEMENT BOARD Policy Statement There shall be established a Board to manage the affairs of each mosque governed by the provisions of the policies in this manual. They shall serve, with utmost conduct, as ambassadors of the Ummah in preserving the sanctity of the House of Allah and ensuring its effectiveness. This is in line with Allah s injunction, The Mosques of Allah shall be maintained only by those who believe in Allah and the Last Day; offer prayers perfectly, and give Zakat and fear none but Allah. It is they who are expected to be on true guidance. (At-Tauba: 18) Behold! Each one of you is a guardian, and each one of you will be asked about his 8. Responsibilities subjects. (Hadith reported by Bukhary) d. The Mosque Management Board of the Mosques shall be established to manage the affairs of each mosque in accordance with the provisions stated in the MMB Policy. e. Formulate strategies and develop programmes that adhere to the needs of the community according to the Social Developmental and Islamic Learning strategies and recommendations outlined in the Mosque Convention f. Establish working relationships with other grassroots organizations and other institutions within the constituency. g. Represent the Mosque and present their views to Majlis and to communicate priorities of Majlis and its views to other members, staff, volunteers and congregation and to make such recommendations to Majlis as may be consistent with the objectives of the Board; h. Attend to the general affairs of the mosque and keep proper maintenance of the mosque, including an updated management information system of members, staff, clients and programs, under its management i. Raise and allocate funds to for the administration and operation of the mosque j. Exercise strict financial governance so as to achieve A strong financial foundation that can sustain the mosques programmes and activities while concurrently maintaining secure financial reserves to meet future development. k. Furnish the Majlis with any information or facilities pertaining to the mosque functions and operations in any manner or time as the Majlis require. l. Adopt the roles & responsibilities assigned to them as documented in the MMB Policy.

6 m. Other specific duties & responsibilities of the MMB & its key appointment holders may be found in the Mosque Administration Handbook and the subsequent policy document on Professional Executive Leader 9. Duties of the MMB Key Appointment Holders a. Duties of the Chairman i. Preside in all meetings of the Board; i iv. Implement the resolutions of the Board; Supervise or effect the supervision of the activities and projects undertaken by the mosque, including those which situate outside the mosque premises; Provide directions to the members, members of the Sub-Committees and the employees of the mosque; v. Ensure that the conduct of the activities of the mosque are permissible under the Muslim law and in compliance with the Mosque Management Regulations, the Mosque Financial Regulations, the provisions of the Manual or other directives or instructions issued by the Majlis, or any written law; b. Duties of the Vice-Chairman i. The Vice-Chairman shall assist the Chairman in the performance of the latter s duties and shall assume the duties of the Chairman in the latter s absence. c. Duties of the Secretary i iv. Keep or cause to be kept proper and complete records and documents of all correspondence of the Board, including copies of contracts, agreements, memorandum of understanding, building plans, architectural drawing and minutes of meetings; Advise the Board on the state of repair and maintenance of the assets of the mosque and its structure; Supervise the maintenance of the records of the mosque madrasah, such as the pupils' records and examination papers; and v. Oversee the overall administration of the mosque (unless MEC, MES or MM appointed) d. Duties of the Assistant Secretary i. The Assistants Secretary shall perform and discharge duties as assigned by the secretary and shall perform all duties of the Secretary in the latter s absence e. Duties of the Treasurer i. Keep or cause to be kept proper accounts and records of the transactions and affairs of the mosque; i Ensure that the provisions of the Mosque Financial Regulations and other written laws are complied with; Advise the Board on the proper conduct of its financial affairs, such as the procurement of goods and services; and

7 iv. Prepare and submit monthly and annual statement of accounts of the Board to the Majlis. v. The Treasurer may delegate his authority accordingly to any member of the Board or to the full time mosque staff. The treasurer may also form and empower a Finance Committee for similar purpose. However, the Treasurer shall remain accountable for all of the financial affairs. f. Duties of the Members i. Ensure that the conduct of the activities of the mosque are in line with the Objectives of the Board as stated in Section 4 of the Management of Mosque Regulations; i Provide the manpower and extend their fullest coorperation to the Board in the conduct of the activities of the mosque to ensure its success; and Ensure that they are not in a position such as to be in conflict of interest with the Board or the activities of the Board and shall undertake to act in the sole interest of the mosque. 10. Objectives a. Promote proper use of the mosque as an institution advocating Islamic principles and values as well as initiate plans and organise activities which are beneficial to Muslims especially in the 4 core areas of: i. Religious Worship i iv. Islamic Learning Social Development Information and referral services b. Implement Youth-Friendly, Family-Friendly and Community-Friendly Initiatives as outlined in the Mosque Convention Manual 2005 c. Play a more effective leadership role by performing key functions such as building & enhancing networks, extending outreach, guiding, monitoring and evaluating programme implementation and ensuring quality results whilst maintaining good governance. d. Establish and maintain the standard guidelines for the management and administration of mosques through the implementation of systems and compliance of policies as guided by Majlis; and concurrently exploiting the Mosque Excellence System framework to achieve continuous improvements, growth and development. e. Ensure a healthy financial outlook for the mosque by utilizing the Mosque Sustainability System tools to monitor and improve financial situation. f. Provide leadership and direction to the staff and volunteers and to foster close relationship with other groups and grassroots organisations within the qariyah so as to promote inter-religious harmony and good citizenship through the spirit of self-help and mutual co-operation;

8 g. Enhance the awareness amongst Muslims residing within the qaryah to work 11. Authority together towards improving their social, educational and religious life. a. MMBs are legally formed by the Majlis to manage the operations of the mosque, on behalf of the Majlis, and therefore, cannot enter into contracts under their own names. Mosques, unlike companies or registered societies, are NOT independent legal entities. b. However, the MMB is empowered by the Majlis, to transact on behalf of Majlis, in only a limited number of transactions, as stipulated by the conditions of this policy manual and the Mosque Financial Regulations. c. Subject to the approval of the Majlis, the MMB may, by resolution, enter into contracts on behalf of the Majlis in matters relating to or in connection with the management of the mosque. This is also referenced in the MMB Financial Regulations Manual. A list of activities that require Majlis approval and the necessary procedure and precautions when conducting such matters can be found in the Mosque Administration Manual Handbook d. The MMB may, by resolution, embark on fund raising projects and such resolutions shall be recorded in the minutes of meeting. e. They may also set up funds for specific objectives and such funds shall only be used for the purposes specified. In such instances, steps shall be taken to communicate to the public the specific objectives of the funds during the collection of monies from the public. f. Any committees or activity groups formed by the Board (by resolution) must to carry out specified objectives must be chaired by a member of the MMB and shall exist only until their specified objectives are met. For this purpose, persons of sound moral and religious character may be co-opted into such committees, clubs or activity groups. g. The MMB may levy and collect fees for participation in the activities of the mosque or use of the mosque facilities. h. The MMB may consider applications for the use of the mosque facilities by registered non-political organisations or businesses for rental (short-term lease) i. All Board members shall enjoy equal rights of access to all facilities in the mosque subjected to the provisions found in this Policy Manual. j. Subjected to the approval of the Majlis, members of the Board are allowed to 12. Appointment participate in the formation of any group, organization or business venture for the purpose of fulfilling the Mosque s mission. a. Members shall be appointed by the Majlis from amongst Muslims who:

9 i. are citizens of Singapore or Permanent Residents; i iv. are not less than 21 years of age; are of sound moral and religious character.; and are not adjudicated a bankrupt; or v. has not been convicted of a criminal offence b. Majlis may choose to assign applicant to be appointed as a Board member on a mosque other than the mosque the applicant applied for. 13. Terms of Office a. Members shall hold office for a two-year term from the date of appointment and shall be eligible for reappointment. Nevertheless they still need to resubmit their application form to be considered for reappointment in the new line-up. b. The Chairman, Secretary and Treasurer shall not hold the same post for more than two consecutive terms but shall be eligible for appointment to that post after a lapse of one term, unless so advised by the Majlis. 14. Termination of Appointment a. The Majlis, after a thorough process of investigation and consultation, may terminate the appointment of any member if: i. his conduct, whether in connection with the duties of such appointment or otherwise, bring discredit upon the mosque, the Board, the Majlis or Islam; i for any reason he becomes unable to properly carry out the duties of his appointment, or; the Majlis considers it desirable in the interest of the Muslim public to terminate the appointment. b. The appointment of a member shall cease upon his death. Where a vacancy occurs during the term of office, the Board shall inform the Majlis and shall recommend to the Majlis a suitable candidate. c. A member who wishes to withdraw from his appointment may do so by written notice to the Majlis. d. The office of any Board member shall be vacated if he: i. is adjudicated a bankrupt; or has been convicted of a criminal offense such as fraud etc. e. The MMB may recommend to the Majlis for the termination of members who have been absent from 3 consecutive meetings without prior notice to the Chairman and Secretary. 15. Board Meetings and Record Keeping a. Meetings of the Board i. The Board shall convene a meeting at least once in two months.

10 i iv. The Exco shall convene at least once a month, to update any information or action to be taken before the Board's meeting. The Majlis or its authorised representatives may attend the Board's meeting and may provide advice as and when necessary. Notice of the meeting (together with the mosque s financial statementsas in MFR, Section 1 Paragraph 4.2) shall be sent to members of the Board at least seven days before the date of the meeting. v. Staff or volunteers may be in attendance at meetings as observers subjected to the approval of the Chairman. He may participate in the deliberations of the Board but shall not vote. vi. v Those who are present shall not disclose the confidential matters discussed and the decision making process beyond the board proceedings. Documentation of the agenda of the meetings and minutes are important and has to be documented, circulated to attendees and submitted to th Majlis (5.5.2) b. Decisions in Board Meetings i. All Board members have the right to vote on any issue in meetings of the Board. With the quorum met, all decisions made are binding. All Board members do not have any veto powers whatsoever. Nevertheless, all decisions on any issue are to be made in line with the Islamic spirit of Syurah by striving for a convergence of views. c. Attendance Records Any decisions that are not in compliance with the provisions of this Manual are considered null and void. i. Board Members are required to attend at least 75% of scheduled and special called meetings. If a member is unable to meet these requirements, he/she should considerto leave the MMB upon the Majlis consent. i d. Quorum The Board shall be responsible for reviewing the annual attendance reports and inform the Majlis of any individuals who have not met the 75% requirement. This information will also be taken into consideration for future nominations. The Board shall be responsible for reporting and making recommendations to Majlis of any members who have missed three consecutive meetings within a term of appointment. i. The quorum for the Board meeting shall be one-third of the total number of members, or 4 members, whichever is higher. No resolutions cabe made unless a quorum is met. i In the event of exigencies, meetings of the Board may be convened without the usual notice, provided that the Chairman and the Secretary and at least two other board members requisition for such meetings, and provided that all members have been notified. Where the Chairman and the Vice-Chairman are absent from a meeting, the members present shall elect a pro-tem Chairman from amongst the Exco chair the meeting.

11 iv. If for reason of illness, leave of absence or other causes, the Chairman is unable to exercise his role and perform his duties, the Board shall write to Majlis for the appointment of an acting Chairman to act on the Chairman s behalf. e. Filing Minutes of Meeting i. All proceedings and resolutions made by the Board in meetings are to be recorded. A copy of minutes of any meetings shall be submitted to the Majlis not later than 14 days from the date of the meeting. Such copy must also be circulated to all members of the Board 16. Miscellaneous a. The Majlis does not approve any entities to operate an office at the mosque to run any business and/or use mosque as a registered business address at any period of time.

12 17. Code of Conduct a. As Mosque Leaders, MMB members shall display exemplary behaviour and portray Islamic virtues. b. The Majlis shall not tolerate and consider any petitions within the mosque or by Board members or members of the public. c. All information, proceedings and decisions made in mosque meetings are considered as strictly confidential. Board members and meeting observers are prohibited from divulging such information to anyone other than the appointed board members. d. The Board members must not derive any personal gains from the dealings atmosques. e. All board members are to abide by the Code of Conduct which can be found in the Code of Conduct Handbook for MMBs and it includes other important topics such as Conflict-of-Interest, Benefits Received & Grievance Handling. f. Unhealthy activities such as smoking are strictly prohibited in mosque premises at all times. 18. Closure of Mosque and Dissolution of the Board a. The Board shall only be dissolved with the written approval of the Majlis. b. Upon notification of dissolution, the Secretary and the Treasurer shall prepare a list of assets, documents and records of the mosque, chequebooks and shall transfer the inventory thereof to the newly appointed Board under the supervision of the Chairman. c. The dissolved Board shall hand over the reports to the incoming MMB or the Majlis where appropriate. d. Any closure of mosques shall be notified by the Majlis.

13 Governance: Ethics & Conflict of Interest ETHICS AND CONFLICTS OF INTEREST Policy Statement No Board member shall use his or her position, or knowledge gained therefrom, in such a manner that a conflict between the interest of the mosque or any of its integrated departments and his or her personal interests arises. MMB members shall use The MMB Code of Conduct as a reference point on this matter 1. All actions of the mosque must be performed in a manner that not only be pleasing to Allah, but also in a manner which would avoid any criticism by mosque congregations or community at large. The Majlis strongly feels that even the appearance of a possible conflict-of-interest should be avoided. Conflicts-ofinterest, if not handled appropriately and sensitively, can do lasting damage to the mosque s governances and its reputation, credibility and ability to fulfill its mission. 2. Before the Board evaluates and award any tender, quotation or other similar matter or endorses any agreement or contract with other party or parties, corporate or otherwise, members who are deemed to have an interest in the party, shall declare such interest to the Board and such declaration shall be recorded in the minutes of meeting. 3. A member shall be deemed to have an interest in a party if he a. Is an employee, agent or a partner of the party or has a shareholding or holds a position in the party, or b. Has any relative who is an employee, agent or a partner of the party or has a shareholding or holds a position in the party, or c. Has outstanding loans or debentures to be redeemed by the party, or d. Has received or has been promised with any form of benefits by the party, or e. Has other interest in the party as defined in the Companies Act. 4. Where a member has made such a declaration of interest to the Board, the Board shall ensure that the member is not present during the evaluation 5. Benefits Received a. Members shall not solicit for any forms of benefits as encouragement or reward from any party or parties, as a result of or incidental to his position as a member. b. Members who have received any forms of benefits or have been promised with any forms of benefits as a result of or incidental to his position as a member, shall declare such benefits to the Board; and such declaration shall be recorded in the minutes of meeting. Where such declaration has been made by any member, the Board shall decide; c. where that benefit is severable, whether that member shall be entitled to keep that benefit,

14 Governance: Ethics & Conflict of Interest d. where that benefit is not severable, whether that member shall sit in during the evaluation and award of any tender, quotation or any other similar exercise or the endorsement of any agreement or contract with other party or parties. e. Benefits shall include all forms of gratification as defined in the Prevention of 6. Disputes Corruption Act. a. Where the Board fails to resolve any disputes, such disputes shall be referred to the Majlis whose directives shall be final. 7. Dealings with other Entities a. Sharing of Income, Cost or Profit i. The Board shall not enter into any contract, agreement or undertaking which involves any form of income sharing, cost sharing or profit sharing arrangements with any entities without the approval of the Majlis. i Where the Board wishes to enter into any contract, agreement or undertaking which involves any form of income sharing, cost sharing or profit sharing arrangements with any entities, the Board shall submit to the Majlis a draft of the proposal providing details of the contract, agreement or undertaking together with all the necessary supporting documents. Where any member of the Board has an interest in another entity, that member shall, prior to any dealings or negotiations in any matters with that entity, declare his interest to the Board and shall not be involved in any dealings or negotiations whatsoever, directly or otherwise, with that entity. b. Sponsorship and Publicity i. The Board may negotiate for sponsors for its programmes. However, where such sponsorship agreement involves any form of income sharing, cost sharing or profit sharing arrangements, the written approval of the Majlis must be sought. Where banners to promote the activities of the Board are displayed, whether in the mosque premises or otherwise, and such banners contain the name of the sponsor(s), the name of the sponsor(s) shall only appear at the bottom portion of the banner and the size of the letterings of the name of the sponsor shall not exceed five centimetres (5 cm.) in height. 8. Awareness of Policy a. The Chairman of the Board is responsible to ensure that all Board, Exco and staff of the mosque are made aware of the mosque s policy with respect to conflicts-of-interest. b. Board will be held responsible for all conflict of interest within the mosque s administration, management and congregation.