Bylaws

• Governing documents

  • • Bylaws

    • Policies and procedures

• Name

• Organization type: 501(c)(3)

• Location of organization office and facilities

• Registered agent

• Place of records

• Vision

• Mission

• Core values

• IRS statement of purpose

• Ownership of facilities

• Board structure: 

  • • • BOD

      • BOT (in dual boards model)

• External structure:

  • • • External audit

      • Arbitration/conflict resolution

• Internal entities with some independence

  • • • Internal Audit

      • Imam

      • Election committee

• Committees: usually under BOD (detailed later)

• Subsidiary organization(s)

  • • • Schools

        • • Weekend school

          • Full time

      • Cemetary

      • Other: gym, banquette hall and food banks

• Type of affliations:

  • • • Being a subsidiary (owned by or part off) of a larger masjid network. This is usually in the bylaws

      • Being in cooperation with other masji (usually local). This does not not have to be in the bylaws

      • Working with other non-majid non-for-profit and interfith organizations  to further the purpose of the masjid. This is not part of the bylaws

• Place of affiliations

  • • • Local affiliation: 

        • • • Local masjids

            • Local non-for-profit organizations

      • National affiliation

        • • • National masjids

            • National non-for-profit organizations

• BOD

  • Number (set or range): minimum 3

  • Officers (minimum president, secretary and treasurer)

  • Officers role definition

  • Committees heads and their role definition

  • Terms (years) and how many (successive or total) terms are allowed

  • Successive vs. staggered

  • Qualifications

  • Disqualifications

  • Placement (appointment, ex-officio or election)

  • Removal (and resignation) 

  • Replacement

  • Responsibilities 

  • Code of ethics and conduct

  • Meetings

  • Decision

  • Training

  • Confidentiality

  • Conflict of interest

  • Compensation (and reimbursement)

• BOT

  • Number (set or range): minimum 3

  • Officers (minimum president, secretary and treasurer)

  • Officers role definition

  • Committees heads and their role definition

  • Terms (years) and how many (successive or total) terms are allowed

  • Successive vs. staggered

  • Qualifications

  • Disqualifications

  • Placement (appointment, ex-officio or election)

  • Removal (and resignation) 

  • Replacement

  • Responsibilities 

  • Code of ethics and conduct

  • Meetings

  • Decision

  • Training

  • Confidentiality

  • Conflict of interest

  • Compensation (and reimbursement)

• Qualifications

• Types of membership

• Level of membership

• Dues

• Disqualifications

• Rights

• Resposibilities

• Removal

• Resignation

• General assemby

• Bylaws changes

• Voting

• Frequency

• Eligible members list

• Election committee

• Nomination process

• Election process

• Objections and recourse

• Internal and external audit

• Financial

• Imam

• Success

• Membership

• Programs

• Services

• Facilities

• Communication

Imam

W-2 employees

1099 Contractors

Consultants

Examples of COI

• Board member (or his/her immediate family member) is also an employee of the organization or its subsidiary organizations

• Board member (or his/her immediate family member) is a paid by the organization as consultant/contractor (or has interest in that business)

• Board member (or his/her immediate family member) receives grants or compensation by the organization

• Board member (or his/her immediate family member) leases property or equipement to the organization

• Board member has his/her immediate family member as another board member, imam, auditor, election or arbitration committee member

• Any other material bias that would affect the decision of any board member

How to deal wih COI

• Disclosure

• Evaluation

• Recusal

• Alternatives

• Documentation

• Conflict resolution body

• Conflict between members

• Conflict between members and boards

• Conflict between the masjid and outside people or organizations

• Law suite against the masjids

• Best: BOD or BOT members are not allowed any compensation

• If not enough members or the job is very time consuming: market value compensation decided by other board members