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Proposed Bylaw Changes
All proposals are to be brought to a vote at the July 2008 Congress.
OFFICIAL NOTICE FROM SUBUD USA TO ALL USA SUBUD MEMBERS
The following three proposals have been submitted for consideration at
the National Congress.
Our Subud USA by-laws require that the
membership know about potential by-law changes 90 days before the
congress. Your replies are welcomed, as the national committee will
present the pros and cons of each proposal to the delegates, if we get
replies ahead of time.
DELEGATES - please discuss these issues with
your "constituency" at local and regional meetings.
Our bylaws are at: http://subudusa.org/documents.php
PROPOSAL #1 : Change in TERM LENGTH for NATIONAL COMMITTEE
From Subud Boston; Contact: Dorothea Gillim, yo_gillim@hotmail.com
PROPOSAL, INCLUDING BACKGROUND INFORMATION AND REASON FOR PROPOSAL:
Subud Boston would like to propose that the term for the national
committee be changed from 2 years to 4 years, to be appointed in the
middle of the 4-year national helper tenure, so the new national
committee and helpers are staggered. The extended term will hopefully
enable more progress to occur at the national level, and staggered
committee and helper terms will promote greater continuity.
PROPOSED ACTION TO BE TAKEN: To become effective at July 08 congress.
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PROPOSAL #2 : Change related to ENDOWMENT FUNDS
CONTACT: HARDWIN BLANCHARD, NATIONAL COMMITTEE TREASURER
808-966-6362, Fax: 808-966-4889, hblanchard@hawaii.rr.com
Reason for Endowment Fund Guidelines in the Subud USA Bylaws:
To address the concern that donations to the endowment funds might be
misused or frittered away, contrary to the wishes and intentions of the
donors, we wish to state in the most public and permanent way that the
principle gifts to the endowment funds will not be spent, but will
remain with the endowment funds in perpetuity to forever provide a
strong foundation for the work of Subud USA.
Article XV - Guidelines Regarding the Use of Subud USA's Endowment Funds and Growth and Capital Development Fund
Each Fund shall be governed by its own set of rules. If more funds are
established in the future, the rules governing their use shall be
established at that time.
Currently there are three funds:
The Endowment Pension Fund
The Endowment General Purpose Fund
The Growth and Capital Development Fund
The Endowment Pension Fund
Principal from this Fund is not to be used, but is to be invested so as
to earn income, which may be spent for the following purposes:
Income from this fund is to be used to provide retirement income for retired employees of Subud USA.
In the event there is no retired
employee to receive pension benefits, the income from this account is
to be used at the discretion of the Board. It may remain in the
Endowment Pension Fund to increase the reserves of the fund, and may be
designated either Principle, hence no longer distributable to future
retirees, or it may be designated income, so that it may be used to
augment pension payments to future retirees.
In the event there is no retired employee to receive pension benefits,
the income from this account may also, at the discretion of the Board,
be used to support general fund expenses, or for other purposes deemed
appropriate by the Board.
The Endowment General Purpose Fund
Principle from this fund is not to be used, but is to be invested so as
to earn income, which may be spent for the following purposes:
Income from this fund is to be used at the discretion of the Board. It
may be used to support ordinary budgeted general fund expenses, special
projects or special purposes, or it may be left in the General Purpose
Endowment Fund to add to the growth of the fund.
The Board may decide that the lesser of income from the fund or 2% of
the fund’s value is to be left in the Endowment General Purpose Fund to
allow the value of the fund to keep up with inflation. The balance of
the income may be spent at the direction of the Board.
The Capital Growth and Development Fund
The purpose of this fund (technically not an endowment fund) is to
provide for the purchase of generally non-depreciating assets, such as
buildings or land. Income from this fund stays in this fund. In the
event Subud USA decides to buy land or a building, then both income and
principle from this fund can be used to help with the purchase of said
land or building.
Management:
Management and investment of these funds
will be governed by the principles of the Uniform Prudent Management of
Institutional Funds Act. (UPMIFA is a fairly broad-minded, recently
updated, and very well-thought-out document developed over the years by
professionals.) The details of how Subud USA invests these funds will
be developed as the funds grow.
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PROPOSAL #3 : Rewriting Subud USA Bylaw Article XIV
Contact: Hardwin Blanchard, Treasurer, Subud USA
ADDRESS: PO Box 1166, Keaau, HI 96749
808-966-6362, Fax: 808-966-4889, hblanchard@hawaii.rr.com
Reason for Rewriting Subud USA Bylaw "Article XIV: Dissolution"
When the Bylaws were originally written there were no Subud
organizations (such as MSF or SDI) to which residual assets could be
given, so the original Bylaws only mention giving residual assets to
charitable or religious organizations. I think it is wise for us at
this time to specify that if at all possible residual assets would be
turned over to other Subud organizations.
It also seems wise to write into the bylaws the provision that the
Endowment Pension Fund should be administered by the recipient of the
fund in such a way as to give a retirement benefit to any qualifying
employees affected by the dissolution.
All this makes for a somewhat complicated Dissolution article, but it
seems better to spell it out even though the event is not really very
likely, rather than not deal with the issue.
Proposed rewritten Article XIV: Dissolution
Upon the dissolution or winding up of Subud USA, to the extent required
by law, the assets of the Endowment Funds may be used to pay for debts
and obligations of the Corporation. However, in order for the Endowment
Funds to continue to support the work of Subud in the world, as much of
the assets as possible will be given to Muhammad Subuh Foundation's
Bapak Legacy Fund. If this is not possible, then as much of the assets
as possible will be given to Susila Dharma USA, then Susila Dharma
International. Failing any of these alternatives, the assets of the
Endowment Funds shall be distributed to other Subud Organizations as
can reliably use the funds for the benefit of Subud. Failing this, the
Board shall distribute the Endowment Funds to one or more corporations
or other organizations organized and operated exclusively for
religious, charitable, or educational purposes, and no part of such
assets shall be distributed to any individuals.
Furthermore, the Pension Endowment Fund shall be preserved to the
greatest extent possible, which means it shall be the last endowment
fund to be used to settle debts and obligations of the Corporation in
the event of the dissolution of the Corporation. Then whatever entity
receives the balance of funds from the Pension Endowment Fund shall
have the responsibility to manage this fund so as to be able to
continue making pension payments to retired employees of Subud USA, and
to other employees who have qualified for pension payments who are laid
off or retire because of the Dissolution of the company. Such
retirement payments shall commence when the person involved reaches
retirement age, or an age when they would qualify to receive pension
payments from the Corporation.
Upon the dissolution or winding up of Subud USA, after paying or
adequately providing for its debts and obligations, the assets of Subud
USA, other than endowment funds, in order to continue to support the
work of Subud in the world, will be given to Muhammad Subuh
Foundation's Bapak Legacy Fund. If this is not possible, then as much
of the assets as possible will be given to Susila Dharma USA, then
Susila Dharma International. Failing any of these alternatives, the
remaining assets shall be distributed to other Subud Organizations as
can reliably use the funds for the benefit of Subud. Failing this, the
Board shall distribute the remaining assets to one or more corporations
or other organizations organized and operated exclusively for
religious, charitable, or educational purposes, and no part of such
assets shall be distributed to any individuals.
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Hardwin at school
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Dorothea in Toontown
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