MOSQUES AND IMAMS NATIONAL ADVISORY BOARD (MINAB)
DRAFT STANDING ORDERS
Pursuant to Article 9 of the Constitution.
SO1 Applications for membership shall be made in such form as is prescribed for the first General Council (the Council) meeting by the Steering Group and thereafter by the Executive Board (the Board).
SO2 The fees for membership shall be determined by the Steering Group for the first year and thereafter by the Board.
SO3 An application for membership shall not be granted until the appropriate fee is paid, the level whereof shall be determined by decision of the Steering Group and thereafter by the Board.
SO4 Applications for membership shall be subject to the approval of the Steering Group or its appointed officer for the first Council and thereafter by the Board or one of its duly appointed sub-committees.
SO5 a) Categorisation of members will be at the sole discretion of the Board, (or prior to the Board’s existence categorisation of members will be at the sole discretion of the Steering Group).
b) A change of circumstances may (upon request) result in the Board changing the category assigned to a member. A member can seek a review of this decision at a duly constituted meeting of the Board.
SO6 Approval of membership may be deferred for a period of three months, pending submission of documents or evidence required by the Steering Group or the Board. In the event that no decision is reached at the end of the three month period, the application will be deemed to have lapsed and any amount paid, as fees shall be refunded to the applicant.
SO7 For the purposes of eligibility to membership of the MINAB and with particular reference to Article 3(a) and (b):a) A Mosque or Islamic Centre, which provides regular facilities for prayers and Jumah midday prayers.
b) A Mosque or Islamic Centre, which in addition to providing facilities for prayers as set out in the above paragraph (a), also provides any other Islamic service(s) including but not limited to Islamic teaching, funeral service, marriage registration, circumcision and activities that facilitate community cohesion, may qualify for membership as a Mosque or Islamic Centre with extended services.
c) An institution or establishment that provides vocational training that leads to accreditation or a certificate of diploma or degree as Imam.
d) An institution or educational establishment, which provides academic training/courses leading to qualification as Islamic Teacher.
CONDITIONS OF MEMBERSHIP
SO8 Membership of the MINAB is based upon acceptance at all times by a member to be bound by the aims and objectives of the MINAB as set out in the Constitution.
SO9 Membership shall be terminated in the event that a member is found guilty of serious criminal conduct .
SO10 Membership may be suspended if credible allegations of misconduct against a member are made.
SO11 All representatives of members shall be expected to have reasonable competence in speaking and understanding the English language.
SO12 All representatives of members, whether appointed or elected will be required to sign a declaration of truth which will include a self certification of the member being of good character and having had no involvement with any matter that might bring the MINAB or Islam in to disrepute.
SO13 a) A member may terminate his membership by resigning.
b) In the event of a founding member resigning his membership or his membership being terminated by any event set out herein above, the rest of the founding members will be entitled to all the benefits and advantages flowing from that situation including a proportionate increase in the numbers of nominated members to the Board.
CODE OF CONDUCT
SO14 All representatives of members shall conduct their activities in a professional manner and with integrity at all times. All members and their representatives shall be aware at all times of the need to present the MINAB, and where appropriate themselves, with the appropriate standard of professionalism that would be expected of a large, national body representing the interests of Islam and a multitude of institutions, organisations, disciplines and religious schools of thought.
SO15 Representatives of members shall be obliged to act prudently, lawfully and in accordance with the MINAB’s governing documents namely the Constitution and the Standing Orders.
SO16 Chair of the MINAB shall not hold office in any other organisation.
SO17 All Office-Bearers of the MINAB shall be bound to act and conduct themselves in a manner that does not effect the interests or the work of the MINAB.
SO18 In the event of a complaint made about an action or conduct of an Office Bearer by ten members of the Board, the Office Bearer may be suspended from office pending full investigation by the Board.
SO19 The Board may carry out the investigation itself or ask the Adjudication Council to do so.
SO20 If the complaint is found to be well founded the Board may remove the office bearer from his/her office or issue a reprimand and seek appropriate undertakings on future conduct.
SO21 For removal of a person from office, the matter shall be regarded as one of Special Significance.
SO22 Members of the Board are obliged to attend all duly constituted meetings.
SO23 Members of the Board have a duty to the MINAB to act in good faith and execute their work, with the reasonable skill and diligence expected of such a person in that position.
SO24 Members who cannot attend a duly constituted meeting, must (in advance) notify the Secretary of their reason for failing to attend.
SO25 Members who repeatedly fail to attend meetings (upon two consecutive occasions and without good reason) shall be formally reminded by the Board of their duty under SO22 and may, if such reminder does not lead to improvement in attendance be requested to resign.
SO26 At every annual meeting of the General Council there shall be exhibited a report on the attendance of members at Board meetings.
CONFLICT OF INTEREST
SO27 Representatives of members who are appointed to the Board by nomination or election shall ensure respect for and compliance with any conflicts of interests.
SO28 A "conflict of interest" arises, for example, but not limited to, a situation where there is a conflict between the responsibilities of a representative of a member towards the MINAB with any other personal interests that particular individual may have. A perceived conflict of interest must also be avoided.
SO29 A financial interest held by representative of a member or a close member of his/her family in a third party organisation that provides goods and/or services to or on behalf of the MINAB has the potential to cause conflict of interest to arise or perception of such conflict to arise. Examples of such interests are paid consultancies, equity holdings, membership of a board of directors or advisory board, trusteeship, or other any other capacity where the concerned member is able to exert any influence on the decisions of the organisation, or receive a pecuniary benefit from the organisation.
SO30 Receipt of any pecuniary benefit or award of any contract to a representative of a member or the member itself which is dependant on a member's or the representative’s association with the MINAB is a conflict of interest.
SO31 A representative of a member shall declare any interest if at any meeting there is discussion that has the potential to result in financial or other tangible gain for him, his organisation or his business. The same rule shall apply if the potential beneficiary is an immediate member of his family (spouse, child and sibling).
SO32 The Chairman of the meeting shall record in the minutes of the meeting the declaration of interest by the representative of a member concerned and it shall be the duty of the representative concerned not to participate in the discussion or influence the decision in this regard in any way.
SO33 If an immediate member of the family of a representative member on the Board or an office bearer of the Board gets employed by the MINAB on a casual, temporary or permanent basis it shall be the duty of the Chairman to file a report of the appointment at the next meeting of the Board. The report shall give details of the process as well as the terms of appointment and will include a declaration by the Chair that the appointment has been made in accordance with equality of opportunity principles.
SO34 The award of contracts to any organisation, individual, institution or otherwise for goods or services to or on behalf of the MINAB shall be based on merit and economic considerations.
SO35 Where the MINAB is to award a contract for goods or services for an amount of £10,000 or more in a single financial year, the MINAB shall invite organisations, individuals and institutions to competitively tender for such contract (or contracts as the case may be).
RULES OF GOVERNANCE & DECISION MAKING
SO36 Decisions at the Council and in particular at meetings of the Board shall be taken by consensus after due process of consultation.
SO37 If consensus is not reached, decisions may be taken by an agreed process of voting which may include secret ballot.
SO38 The use of voting by secret ballot shall be made when Chair declares an issue requiring decision to be a matter of Special Importance.
SO39 For an issue to be declared to be a matter of Special Importance, the issue will need to have a significant bearing on the working of the MINAB for example (but not limited to) an amendment of a Standing Order or the setting up of a Committee not required under the Constitution. The Chair shall use their reasonable discretion and reasonable judgment in deciding upon whether an issue is a matter of Special Importance. Decisions leading to suspension and/or termination may be ruled as matters of Special Significance but each case will depend on its own facts.
SO40 On a matter of Special Importance, a majority of two thirds of those present and voting will be required for a decision to be binding.
SO41 On matters that are not of Special Importance, the support of a majority of members present and voting will be required for a decision to be binding.
SO42 Once a decision is agreed whether by consensus or through a process of voting, it is the responsibility of all (including those who had disagreed with the decision) to take responsibility for its implementation as well as consequences.
SO43 Information on voting outcomes on resolutions or individual voting decisions at the Council and Board meetings or meetings of Committees shall not, at any time, be disclosed to the media or any third party without the explicit approval of the Chair.
SO44 If there is reason to believe that a member may by word or action have breached the fundamental condition of membership (as set out in SO8), the Chairman of the Board shall himself or upon being asked, order that an investigation to establish relevant facts to be carried out by Adjudication Council. The Adjudication Council shall be required to conclude its investigation within a time scale set out by the Chairman of the Board. The Chairman shall upon receiving the report of the Adjudication Council, place it before the Board and should the Chairman consider that the matter requires a special meeting of the Board to be called, he/she may do so.
SO45 The Board shall consider the report of the Adjudication Council and take appropriate action on it. It may terminate membership; suspend membership; make membership conditional upon particular conditions; take no action; or conclude the matter by securing undertakings for future conduct.
SO46 A decision to terminate or suspend membership will only be taken after having given the member concerned a reasonable opportunity to make representations to the Board.
SO47 In the event that a member is found by any statutory regulatory body or other relevant law enforcement authority to be involved in an activity of a criminal nature, the member will be expelled.
SO48 If a member is served with notice of disciplinary proceedings by any statutory regulatory body or charged with a criminal offence by a prosecuting authority, the member shalll be suspended pending the final outcome of such notice or charge.
CONDUCT OF ELECTIONS:
SO49 For purposes of elections to the Board:
a) Except for facilitating the election of the first Board, the Board shall appoint a person as Election Commissioner at one of its duly convened meetings at least ten weeks in advance of the meeting of the Council at which elections are due to be held.
b) A person who aspires to any office or membership by election to the Board cannot be appointed as Election Commissioner.
c) Election Commissioner shall be responsible for all arrangements, primary and incidental to the election process and to that extent he/she shall receive full co-operation from office bearers and staff of the MINAB.
d) Decision of the Election Commissioner in all matters relating to election shall be binding and final.
e) For holding the elections to the first Board, the Steering Group shall exercise the same powers as are given to the Board including the power to appoint an Election Commissioner. The Election Commissioner so appointed shall carry the same duties and powers, as would an Election Commissioner appointed by the Board.
SO50 Four weeks prior to the date of the Council Meeting, the founding members shall be required by the Election Commissioner to submit names and particulars of persons who will be nominated as members of the Board.
SO51 Each founding member shall, in nominating four persons to the Board, use its best endeavours to bring about a balance of genders and a balance of schools of thought.
SO52 The Election Commissioner may, if it is deemed appropriate in his/her opinion, remind founding members of the requirement of SO 39.
SO53 Founding members shall not have the power to appoint persons to the Board after 2017.
SO54 Members shall be required to provide particulars of their appointed delegate/s to the General Assembly fourteen days before the date of the meeting of the Council.
SO55 The particulars shall be sent to the Election Commissioner in a form approved by him/her.
SO56 The Election Commissioner shall collate a full list of appointed delegates and shall circulate, or arrange for the list to be circulated to all members seven days before the date of the Council meeting. These will be deemed to be received on the following working day after they were circulated.
At the same time the Election Commissioner shall ask in prescribed form (nomination forms) whether a member wishes to nominate its appointed delegate/s or any other appointed delegate to stand for election to the Board.
SO57 Members shall complete and return the nomination forms within three working days of receipt from the Election Commissioner.
SO58 The Election Commissioner shall cause the list of nominated candidates for election to the Board to be displayed prominently at the meeting of the Council.
SO59 In compiling the list of nominated candidates the Election Commissioner shall be bound to follow such process and shall deliver the outcomes laid down in Article 8 (k) and (l) of the constitution.
SO60 If the list is deemed to be incompatible with achieving the outcomes required by the Constitution with respect to representation of gender, the Election Commissioner shall require members, including founding members to take such steps, (within and in accordance with the spirit of the Constitution), as he/she requires of them.
SO61 The Election Commissioner shall, as part of the process, take such steps as are reasonable to satisfy himself/herself that the candidates for election to the Board are suitable in that they are of good character.
SO62 In the event that ballot papers are needed, the Election Commissioner shall ensure that the format and content are fully conducive to deliver a fair and honest result.
SO63 In the event that the list of nominated candidates exceeds 34 the Election Commissioner shall hold elections by secret ballot to the 34 seats on the Board.
SO64 Only those persons who are appointed delegates shall have the right to participate in the voting process (unless prior permission has been sought from the Election Commissioner to substitute an appointed delegate due to the appointed delegate’s illness or other compelling reasons).
SO65 Should a secret ballot become necessary, every appointed delegate attending the General Council shall place such number of ticks on the ballot paper, as the Election Commissioner publicly requires.
SO66 Voting by proxy shall not be allowed.
SO67 Amongst 34 seats on the Board, 7 will be from the Shia Muslim communities. The Election Commissioner shall make suitable arrangements to ensure fair and democratic process to elect 7 persons from the Shia Muslim communities. The Election Commissioner shall have the same responsibility in facilitating the election of 27 persons from the Sunni Muslim communities.
SO68 The Election Commissioner may appoint counting officers from amongst the attending delegates and observers, but it will be the Election Commissioner and not the counting officers who will announce results and who will be accountable to the delegates for conducting the process in a fair and transparent manner.
SO69 All candidates for elections to any of the posts in the Board shall be expected to have good communication skills in English language and each candidate shall so declare.
SO70 The English language requirement shall also apply to those who get appointed to posts by nomination.
SO71 Secretary of the MINAB, (or prior to the appointment of the Secretary of the MINAB the Election Commissioner), shall be responsible for issuing notices of meetings of the Council and the Board.
SO72 All notices for convening meetings shall be in writing and shall be sent either by post or by electronic means to those who are entitled to receive these.
SO73 Meeting of the Council shall require 21 days notice except when the Chairman of the MINAB certifies that meeting is required for urgent purposes in which case the notice period shall be 10 days.
SO74 Decisions made at meetings shall not be invalidated solely on account of any defect in the notice or service of notice.