AZUSA TEMPLE – BOARD SECRETARY
The above pictures are from PBA’s website and youtube video – links below:
PBA Activities: More Patthan Photographs
http://pbadd.blogspot.com/2007/11/blog-post.html
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YouTube – 09 အဇူဇာပဌာန်းပွဲဖွင့်ပွဲ၁
http://www.youtube.com/watch?v=8oqdYpj7Ie4&feature=related
Posted on: 2007/12/1 23:25 (in 2007)
AZUSA TEMPLE – BOARD SECRETARY
Mandalay Gazette newspaper, November issue, page 2, carried an article on the Azusa Temple “Pa Htan” recital. Near the end, it mentioned that a certain “Gaw pa ka” BOARD SECRETARY expressed thanks to attendees.
Also, in various ceremonies before, this person had been introduced as a BOARD SECRETARY and he had acted as such.
To the ordinary person, it doesn’t really matter who is what. But, if you examine this carefully, do you know that this is an ILLEGAL act? That is why I will like to point out to the Azusa people, to please, please STOP, STOP doing this illegal act before more damage is done.
WHY ILLEGAL? PBA’s bylaws have only one secretary and he is the rightful secretary Mr. Harry Chin, a director and an EC secretary. His duties and responsibilities are all well defined in the bylaws. There cannot be a duplication of secretaries. The bylaws have NO such position as a BOARD SECRETARY. WHY MISLEAD THE COMMUNITY??
Like other Presidents before him, President Ko Tin Myint is CAPABLE of acting as a LIAISON director between the Executive Committee which he leads, and the main Board. As such, there is no REAL NEED for a Board Secretary. This had always been the situation for over 2 decades already.
Besides the above reasons, as aforesaid, the EC Secretary is the ONLY SECRETARY specified in the bylaws.
Why go against the Bylaws and a tradition for over 20 years? To me, it seems to be not only a duplication of duties. It also is an UNFAIR HIJACKING OF POWERS AND LIMELIGHT and is really uncalled for.
President Ko Tin Myint and Secretary Mr. Harry Chin are RELEGATED to do the odd jobs (the “hard” works) carrying LEGAL LIABILITY more or less for the responsibilities and having had to OBEY this BOARD SECRETARY. As mentioned, the EC President’s and EC Secretary’s RESPONSIBILITIES are all WELL DEFINED in the bylaws. Yet, they are not accorded their PROPER POSITIONS and RESPECT due to them nor given proper RECOGNITIONS when it comes to dealing with the community.
Sadly, these were all MONOPOLIZED by the Board Secretary. ALL THE POWER AND REPUTATION and, would you believe, with NO LEGAL RESPONSIBILITIES at all!! Where in the bylaws, are the so called Board Secretary’s duties and responsibilities defined? NOWHERE! How clever! How unfair!! Anyway, this “extraneous” Board Secretary’s position is NOT ALLOWED by the Bylaws. It’s ILLEGAL & VOID.
In this regard, Azusa people should learn from World Missionary 80 year old Venerable Penang Sayadaw. When conducting Temple works, he advised Myanmar people not to base on just FRIENDSHIP as in the old country. For these, he advised people to fully OBEY LAWS. He said basing on FRIENDSHIP alone always causes TROUBLES.
He gave an example where the Singapore Criminal Investigation Department (C I D) (like the FBI here) came to investigate a Myanmar Temple. The bad director had to pay up. So also, good directors had to make up $ 10,000.00.
Click below for 11/16 & 11/17/07 C2M postings on Sayadaw’s interview series # 2 & # 3 appearing in Burma Today:
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1034&forum=5&post_id=2597#forumpost2597 (OLD)
Changing the bylaws is not a simple matter. You have to register AMENDMENTS with the California Secretary of State, Internal Revenue Service, Franchise Tax Board, California State Board of Equalization, Los Angeles County Assessor, Malpractice insurance company, etc.
The tax agencies will review your tax exemption status again and possibly revoke your permits and tax you for back taxes once it’s declined. The tax agencies are now very careful & are overly strict because of the AL QAEDA and people forming SHAM charitable units and collecting contributions.
DO YOU HONESTLY THINK THAT THIS ILLEGAL ACTION WOULD BE FULLY PROTECTED BY A “PA HTAN” RECITAL? OF COURSE, IT WON’T. WHY?
REMEMBER LORD BUDDHA DISCOURAGED BAD THOUGHTS AND BAD ACTIONS AND OF COURSE, ILLEGAL ACTS. HE EVEN ASKED KINGS NOT TO GO AGAINST THE WISHES OF THE PEOPLE, AND IN A SENSE, TO OBSERVE THE LAWS OF THE COUNTRY.
LORD BUDDHA GAVE US FIVE PRECEPTS WHICH INCLUDED “NOT TO LIE.” PHOPYONCHO ASKS AZUSA PEOPLE NOT TO MISLEAD THE COMMUNITY AND NOT TO REPEAT ERRORS. SEE HIS 11/21/07 POSTING BELOW:
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=951&forum=6&jump=1&start=10 (old)
I AGREE WITH PHOPYONCHO.
In passing, Shwemeat, Dawgyansen, Dawphwasen, were asking about the $ 7,000 and the 2 first class roundtrip airfares probably diverted from Nibban Zay moneys. Not responding to public requests and not being upfront, forthright, and honest could be regarded as a form of untruthfulness, evasiveness, or dishonesty. It could also be regarded as a DELIBERATE OMISSION (Htein Chan) and consequently CONSTRUED as a lie. Click below:
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=949&forum=6&jump=1&start=10 (old)
Thissa was also asking Azusa people to publicize the Azusa Dhamma Hall SASANA dedication declarations. Again, many would regard Azusa people’s non response to Thissa’s simple request, to indicate a sense of evasiveness and a hidden agenda unwholesome to the community and donors.
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1023&forum=12&post_id=2595#forumpost2595 (old)
I would suggest to Azusa people to respond with the complete truth without any more delay. After all, the Nibban Zay Food Fair was about 5 months ago and the SASANA dedication (approved by Head monk Venerable Tant Kyi Taung Sayadaw) was over 4 months already.
Please let me know if I am wrong.
22 comments
Kyaemon
June 20, 2010 at 9:16 am
Thissa
Posted on: 2007/12/8 22:30
The above Ko Kyaw Htin’s posting is an EYE-OPENER.
It looks like the “Board Secretary” and the monk chairman are having a wonderful time at Azusa Temple. Like Emperor Sayargyi (big boss) Than Shwe and Sayarlay (junior boss) Maung Aye, it seems that they have monopolized all the powers.
ARE THEY BEING FAIR TO OTHER DIRECTORS?
CLEARLY, A RESOUNDING NO!!!
In this regard, I refer you to Venerable Penang Sayardaw’s YOUTUBE interview. The learned Sayardaw said that a few bad military leaders had seized power. Starting from their Sayar Bo Ne Win, they hurt Myanmar people with their isolationist & narrow minded policy and their MANIPULATIONS. He likened the generals playing a 3 card game alternating between threats, cruel punishments, and rewards in cycles. Click below to Ko Kyaw Htin’s 12/8/07 posting:
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1034&forum=5&post_id=2620#forumpost2620 (old)
http://burmatoday.net/video/071120_penang_sayardaw_1.htm
http://burmatoday.net/video/071120_penang_sayardaw_2.htm
We should learn from noble Penang Sayardaw. I believe we should adopt an OPEN DOOR policy and not a CLOSED DOOR (isolationist) policy for AZUSA TEMPLE ISSUES. We should air them out in the open and try to find solutions. We can find out who are the ones being unfair to the other directors and consequently our community. We can ask them to stop their bad practices and MANIPULATIONS and find better solutions.
Definitely, there are solutions for each and every problem. Hiding won’t solve problems. If none dares to bring the issues out into the open or if the good people are shut up like the Myanmar people and monks, the bad directors will run wild …like the generals. It would be a tragedy for our temple and our community as well.
MOREOVER, OTHER ORGANIZATIONS AND TEMPLES CAN LEARN FROM AZUSA TEMPLE’S EXPERIENCES (& VENERABLE PENANG SAYADAW).
Naturally, you say the BOARD SECRETARY is a clear example of MANIPULATION. How about others? Is this the only one? Are there any other similar unfair treatments to other directors or MANIPULATIONS?
Yes, of course, if you take the time to examine carefully under the microscope. “Myin thu phaw ssar. Ma myin thu kyaw thwar” (Some see it, and some don’t). A few examples:
SANGHIKA ISSUE
Remember the recent SANGHIKA problem. It was a MAJOR issue. Responsible Temple co founder and past directors made several OFFICIAL requests to the Azusa Board. Despite them, Azusa board WON’T or was UNABLE to make a simple announcement. They requested the Board to refrain from its very possible Sanghika dedication. One past director was requesting the Board to pass a resolution that it would not do (would abandon) a Sanghika dedication. It’s because Sanghika dedication would entangle the Temple with U S laws and huge taxes.
Moreover, after the dedication ceremony, UP TO NOW, the Board won’t distribute the SASANA dedication declaration to the community. Why??? Let’s look at inside manipulations after seeing the requests in the following links:
FSOPBA’s 7/18/07 Official letter to President U Tin Myint
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=946&forum=6&viewmode=flat&order=ASC&start=10 (old)
My previous request
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1023&forum=12&post_id=2595#forumpost2595 (old)
Examinations under the Microscope
Why weren’t these OFFICIAL requests DELIBERATED upon by the FULL BOARD? Why was there no BOARD RESOLUTION, passed one way or the other, BEFORE the dedication ceremony? Why no such resolution on the Sanghika or Sasana dedication, even up to now?
I would say that the remaining good directors know very well who are holding them up and are holding the strings. Are these remaining directors able to exercise their powers FREELY? I doubt it.
I believe the few “masterminding” directors and monk won’t put the issue up to the full Board meeting. THEY SAT ON IT. EVEN NOW! Not responsible at all!! Not good for our community and donors. Sitting on it and not putting the issues up to the Board is a MANIPULATION. Not recording in meeting minutes is also a MANIPULATION!!
PARKING LOT FLYER ISSUE
Remember, too, the April 18, 2007 Azusa flyer asking for Parking lot donations amounting to a HUGE $ 78,000. This flyer had several UNTRUTHS and a SMEAR on a major donor. Why wasn’t this controversial flyer put up to ALL the Board members BEFORE ISSUANCE to the community? Click below:
FSOPBA’s 8/12/07 posting of E Kay’s 5/3/07 letter to Asst Secretary H Chin
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=946&forum=6&viewmode=flat&order=ASC&start=10
Examinations under the Microscope
Had DELIBERATIONS BY THE FULL BOARD BEEN ALLOWED? Specifically, just an informal discussion by a select few or just putting up to the board LATER ON after issuance of flyer (fait accompli, after the fact), will not suffice. It’s MANIPULATION again.
These MANIPULATIONS are just a few examples. They are really unfair to other directors and consequently to the community & donors as well.
Putting up to the Full Board meeting with diversity of opinions and wider discussions will greatly solve this MANIPULATION problem. Generally speaking, bad people dare not record their wild and unfair deliberations on the tape recorders and in the meeting minutes. THEY CAN COME BACK & REALLY REALLY HAUNT THEM LATER!!! Good directors, even in the minority, can to some extent, control and mitigate those bad decisions proposed by the MANIPULATING bad directors.
Kyaemon
June 20, 2010 at 2:41 pm
Thissa
Posted on: 2007/12/8 22:30
The above Ko Kyaw Htin’s posting is an EYE-OPENER.
It looks like the “Board Secretary” and the monk chairman are having a wonderful time at Azusa Temple. Like Emperor Sayargyi (big boss) Than Shwe and Sayarlay (junior boss) Maung Aye, it seems that they have monopolized all the powers.
ARE THEY BEING FAIR TO OTHER DIRECTORS?
CLEARLY, A RESOUNDING NO!!!
In this regard, I refer you to Venerable Penang Sayardaw’s YOUTUBE interview. The learned Sayardaw said that a few bad military leaders had seized power. Starting from their Sayar Bo Ne Win, they hurt Myanmar people with their isolationist & narrow minded policy and their MANIPULATIONS. He likened the generals playing a 3 card game alternating between threats, cruel punishments, and rewards in cycles. Click below to Ko Kyaw Htin’s 12/8/07 posting:
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1034&forum=5&post_id=2620#forumpost2620 (old)
http://burmatoday.net/video/071120_penang_sayardaw_1.htm
http://burmatoday.net/video/071120_penang_sayardaw_2.htm
We should learn from noble Penang Sayardaw. I believe we should adopt an OPEN DOOR policy and not a CLOSED DOOR (isolationist) policy for AZUSA TEMPLE ISSUES. We should air them out in the open and try to find solutions. We can find out who are the ones being unfair to the other directors and consequently our community. We can ask them to stop their bad practices and MANIPULATIONS and find better solutions.
Definitely, there are solutions for each and every problem. Hiding won’t solve problems. If none dares to bring the issues out into the open or if the good people are shut up like the Myanmar people and monks, the bad directors will run wild …like the generals. It would be a tragedy for our temple and our community as well.
contd
Kyaemon
June 20, 2010 at 2:47 pm
Continuation
MOREOVER, OTHER ORGANIZATIONS AND TEMPLES CAN LEARN FROM AZUSA TEMPLE’S EXPERIENCES (& VENERABLE PENANG SAYADAW).
Naturally, you say the BOARD SECRETARY is a clear example of MANIPULATION. How about others? Is this the only one? Are there any other similar unfair treatments to other directors or MANIPULATIONS?
Yes, of course, if you take the time to examine carefully under the microscope. “Myin thu phaw ssar. Ma myin thu kyaw thwar” (Some see it, and some don’t). A few examples:
SANGHIKA ISSUE
Remember the recent SANGHIKA problem. It was a MAJOR issue. Responsible Temple co founder and past directors made several OFFICIAL requests to the Azusa Board. Despite them, Azusa board WON’T or was UNABLE to make a simple announcement. They requested the Board to refrain from its very possible Sanghika dedication. One past director was requesting the Board to pass a resolution that it would not do (would abandon) a Sanghika dedication. It’s because Sanghika dedication would entangle the Temple with U S laws and huge taxes.
Moreover, after the dedication ceremony, UP TO NOW, the Board won’t distribute the SASANA dedication declaration to the community. Why??? Let’s look at inside manipulations after seeing the requests in the following links:
FSOPBA’s 7/18/07 Official letter to President U Tin Myint
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=946&forum=6&viewmode=flat&order=ASC&start=10 (old)
My previous request
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1023&forum=12&post_id=2595#forumpost2595 (old)
Examinations under the Microscope
Why weren’t these OFFICIAL requests DELIBERATED upon by the FULL BOARD? Why was there no BOARD RESOLUTION, passed one way or the other, BEFORE the dedication ceremony? Why no such resolution on the Sanghika or Sasana dedication, even up to now?
I would say that the remaining good directors know very well who are holding them up and are holding the strings. Are these remaining directors able to exercise their powers FREELY? I doubt it.
I believe the few “masterminding” directors and monk won’t put the issue up to the full Board meeting. THEY SAT ON IT. EVEN NOW! Not responsible at all!! Not good for our community and donors. Sitting on it and not putting the issues up to the Board is a MANIPULATION. Not recording in meeting minutes is also a MANIPULATION!!
PARKING LOT FLYER ISSUE
Remember, too, the April 18, 2007 Azusa flyer asking for Parking lot donations amounting to a HUGE $ 78,000. This flyer had several UNTRUTHS and a SMEAR on a major donor. Why wasn’t this controversial flyer put up to ALL the Board members BEFORE ISSUANCE to the community? Click below:
FSOPBA’s 8/12/07 posting of E Kay’s 5/3/07 letter to Asst Secretary H Chin
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=946&forum=6&viewmode=flat&order=ASC&start=10 (old)
Examinations under the Microscope
Had DELIBERATIONS BY THE FULL BOARD BEEN ALLOWED? Specifically, just an informal discussion by a select few or just putting up to the board LATER ON after issuance of flyer (fait accompli, after the fact), will not suffice. It’s MANIPULATION again.
These MANIPULATIONS are just a few examples. They are really unfair to other directors and consequently to the community & donors as well.
Putting up to the Full Board meeting with diversity of opinions and wider discussions will greatly solve this MANIPULATION problem. Generally speaking, bad people dare not record their wild and unfair deliberations on the tape recorders and in the meeting minutes. THEY CAN COME BACK & REALLY REALLY HAUNT THEM LATER!!! Good directors, even in the minority, can to some extent, control and mitigate those bad decisions proposed by the MANIPULATING bad directors.
Kyaemon
June 20, 2010 at 2:56 pm
kyawhtin1
Posted on: 2007/12/9 15:16
Thank you Ko Thissa.
I have a message for Azusa Temple Board Directors.
DON’T ALLOW A FEW BAD DIRECTORS TO TREAT YOU UNFAIRLY. If you do, it’s also your own fault. You will get a bad name too. You have to carry the responsibilities and liabilities for wrong actions by others.
Let’s learn from noble Penang Sayadaw. He was saying about the good Myanmar soldiers. They dared not come to the forefront and speak out & protect the Myanmar people and monks. They let the few bad generals run wild and harm the monks and people who are demonstrating peacefully. The good soldiers also get a bad name. Click below:
It’s from Burma Today’s part # 4 of interview.
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1034&forum=5&post_id=2597#forumpost2597 (old)
“Soldiers are supposed to protect the country (& people) from dangers. Just ask soldiers from all over the world. I cannot say the same for Myanmar soldiers. I don’t mean to say that to all Myanmar soldiers. I know that there are many soldiers who respect religion. However, these (good) soldiers do not come out to the forefront. It’s like the Sangha Council that I have just mentioned. There are only a few monks who did the bidding of the Myanmar government to please them. Similarly, there are only a few soldiers who murder Myanmar people like recently. All the rest are very good soldiers. However, they are afraid to even speak out. It’s like the Sangha Council that I have mentioned earlier. As in the Sangha Council, if the good soldiers cannot speak out then they also get a bad name.”
Similarly, the learned Sayadaw said the same in the “Open Door Policy” interview, 12/8/07 posting link below:
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1034&forum=5&post_id=2620#forumpost2620
Also, like the good soldiers, Azusa’s good directors are faced with issues. Would you like to get a bad name and possibly pay legal damages by remaining quiet and let a few others run wild? It not fantasy. It’s real. You have to face the issues. You cannot avoid them except only when you resign. It was abundantly clear in the above “Board Secretary” issue (same topic’s prior posting), in the April 2007 $ 78, 000 donation flyer issue, and in the Sanghika issue.
For your convenience, click below for 8/12/07 postings:
7/18/07 letter to U Tin Myint, President
7/03/07 letter to U Tin Myint, President
5/03/07 letter to Mr. Harry Chin, Asst Secretary
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=946&forum=6&viewmode=flat&order=ASC&start=10 (old)
Each director has one vote. No person has 2 votes or 1 ½ votes. All are equal. The Temple is publicly owned. The Temple doesn’t belong to the Monk. Board members are community representatives, looking after community’s interests & SASANA. You cannot allow private interests or even monk’s interests to supersede the community & SASANA’s interests. If you do so, you will be liable for damages.
Kyaemon
June 20, 2010 at 2:57 pm
Why should you bear the damages and liabilities resulting from a few others’ extreme ideas & actions which may be unlawful in USA? Why should you let the extreme director and the monk push the problematic SANGHIKA issue to the brink? Why didn’t you stop them, when, all the time, you knew it would be against U S laws? Why should it require EXTERNAL COMMUNITY PRESSURE to finally arrive at a REAL GOOD danger-free SASANA dedication?
Don’t let the extremist director and monk brainwash you that you are there to serve just their narrow interests only, or you would be nga ye gyi (suffer in hell).
Honestly, do you, yourself, STILL think that the monk really owns the temple? Or, do you think that the monk SHOULD own the temple? Do you STILL think that the directors are there just to serve the MONK and not the COMMUNITY OR SASANA? Or, do you think that you should serve the monk FIRST and community’s interests & SASANA, SECOND or none at all?
In the discharge of your duties, do you think that directors cannot or should not express anything against a monk EVEN IF YOU KNOW that the monk is wrong? Would you still think the same, even if the monk is going to do an unlawful act or an act detrimental to the community or donors or even the monks themselves in the long run, like the SANGHIKA issue?
Do you think that the monk is literally an “Ah shin Payar” (a living God) and can do no wrong? Do you think that the monk is above United States Laws and therefore, you should try to “bend” the laws for him? Do you STILL insist on treating the monk like a KING, similar to… you know who? In safeguarding community and donors and SASANA, are you afraid of Nga yae gyi (big hell), if you say something the monk doesn’t like?
When discussing temple issues in the meeting, would you tell any of your fellow directors to GET OUT just because he or she opposed the monk’s unlawful actions?
Example: Import more and more statues without first putting up to the board for discussions AND knowing that it would provoke the neighbors to revoke the Temple’s Conditional Use Permit. As you know, this permit is not permanent but subject to an annual review or even a review at any time or by any neighbor’s complaint. Would you start a project like a statue, WITHOUT a CITY permit?
It’s that good, humble, and obliging people like you who don’t know or who won’t face the issues and are taken advantage of. Don’t fall for the carrot and stick trap. It’s the “ku tho ah myar gyi ya mare” (“merits aplenty”) and the “nga yea gyi mare” (“suffer in hell”), all the time.
IF YOU THINK IT OVER CAREFULLY, I believe you won’t stand for it.
ALWAYS REMEMBER, YOU ARE SERVING THE SASANA NOT JUST A MONK OR TWO. You are protecting the community and donors and serving the broader interests of the SASANA. While doing so, the monks will also benefit.
You cannot put a monk’s interests first. If you do so, you will get into trouble with the laws and eventually the monks also suffer, like losing the temple to Uncle Sam for huge back taxes. You must put the community and the SASANA first and foremost.
Remember noble Penang Sayadaw dedicated all his temples all over the world to SASANA and as a World Missionary, he advised Temple people to fully comply with the LAWS. See Part #3 of his interview in the first link in above 3rd paragraph.
Do you notice the VAST DIFFERENCE between a SELFLESS MONK AND A REAL WORLD MISSIONARY as opposed to an extremist director and a selfish monk? Do you honestly think by SANGHIKA, that all monks from the “four corners of the world” will be welcome to stay? Wake up, man!!!
Why allow this so called illegal “Board Secretary” thing to happen and to continue? Why allow people to commit this ILLEGAL ACT and walk all over you for many months already? Why not distribute the “SASANA” dedication declaration up to now? Click below for Thissa and others’ requests:
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1023&forum=12&post_id=2595#forumpost2595 (old)
Ask yourself this question. By your inaction or “Arr Nar thare” (feel bad) or “Nga yea gyi mare” (afraid of hell), are you really working for the community and SASANA or against the community & SASANA?
Think it over. I believe that you CAN and you SHOULD PUT A STOP TO THESE NONSENSICAL ISSUES. They are: the illegal Board Secretary position; the non distribution of SASANA dedication declaration to the community; and the non recording, in board meeting minutes, a resolution relating to SANGHIKA versus SASANA dedication.
PEOPLE WOULD RESPECT YOU FOR STANDING UP!!!
Kyaemon
June 20, 2010 at 3:05 pm
kyawhtin1
Posted on: 2008/1/5 14:05
PBA has put up a picture with a caption “PBA secretary U Kyaw Hlaing announces of the completion ceremony of ….”
As I have mentioned before in my previous 12/1/07 posting, the description of “PBA secretary” is misleading and illegal.
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?viewmode=thread&topic_id=1059&forum=6&post_id=2606#2606 (old)
Quote
“WHY ILLEGAL? PBA’s bylaws have only one secretary and he is the rightful secretary Mr. Harry Chin, a director and an EC secretary. His duties and responsibilities are all well defined in the bylaws. There cannot be a duplication of secretaries. The bylaws have NO such position as a BOARD SECRETARY. WHY MISLEAD THE COMMUNITY??
Besides the above reasons, as aforesaid, the EC Secretary is the ONLY SECRETARY specified in the bylaws….”
In this country and other countries too, we need to OBEY LAWS.
See Quote:
“In this regard, Azusa people should learn from World Missionary 80 year old Venerable Penang Sayadaw. When conducting Temple works, he advised Myanmar people not to base on just FRIENDSHIP as in the old country. For these, he advised people to fully OBEY LAWS. He said basing on FRIENDSHIP alone always causes TROUBLES.
He gave an example where the Singapore Criminal Investigation Department (C I D) (like the FBI here) came to investigate a Myanmar Temple. The bad director had to pay up. So also, good directors had to make up $ 10,000.00.
Click below for 11/16 & 11/17/07 C2M postings on Sayadaw’s interview series # 2 & # 3 appearing in Burma Today:
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1034&forum=5&post_id=2597#forumpost2597
Moreover, see Ma Soe Yein Sayadaw’s very wise advice. He says we need to enlighten and educate people so that we don’t have dictators in the country.
Similarly, we should point out mistakes so that wrongdoers don’t keep doing the wrong things or other people keep on accepting the wrong actions.
PBA trustees should wake up and immediately correct this wrong caption and stop doing something illegal. Religious persons should even be more careful and avoid illegal actions.
See Ma Soe Yein Sayadaw’s wise advice below:
Quote:
“Enlightened countries have no dictators. That is why politicians and nation leaders must always enlighten and educate the people.”
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1072&forum=12&post_id=2703#forumpost2703 (old)
Kyaemon
June 20, 2010 at 10:52 pm
Myittha
Posted on: 2008/5/22 22:15
I see Kyaemon’s posting about Southern California Burmese Association (SCBA) collecting donations for Myanmar Nargis victims.I see that SCBA has a valuable IRS permit. This permit is very valuable for our magnificent Myanmar donors. It can make the donations go farther. That rings a bell!
On 12/1/07 and again on 1/5/08, Ko Kyaw Htin had pointed out that Azusa Temple’s so called “Board Secretary” position was ILLEGAL, unless certain actions were taken. This Secretary position was against the bylaws. He correctly said the Temple risked losing its valuable IRS permit for this illegal act, going against the bylaws. The permit was granted because of the bylaws. Click link below:
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1059&forum=6 (old)
Even after 6 months, there was NO RESPONSE. Now, we may have a possible tax problem for the donors. Generally, U S donors would like to make their donations go farther and take a tax deduction. They do have a right to know. A responsible person should respect and honor this.
I heard ALL IRS permits are CONDITIONAL. IRS always attach a condition that they have been granted based on the information already supplied. I heard any changes would automatically void them. They had to be re-applied for. I learned the bylaws were required at application. Changes had to be reported immediately. Did Azusa board do this?
REPEAT: I heard the board secretary position was not provided in the bylaws and therefore ILLEGAL.
WHY didn’t the Azusa board fix this apparent illegality? Why didn’t it respond to a LEGITIMATE community concern or question? Instead, it just keeps on asking for donations?
Kyaemon
June 20, 2010 at 10:53 pm
kyawhtin1
Posted on: 2008/5/24 11:31
In Azusa Temple’s website, there is still no correction about the wrong “PBA secretary” photo. It’s about 6 months now.
Please note this is ILLEGAL. There is only ONE secretary provided for in the PBA bylaws and that is none other than the executive committee secretary.
Any changes or corrections in personnel or the bylaws should be announced. Changes in bylaws should be properly filed with the authorities. Otherwise, the “PBA secretary” is still illegal, null and VOID.
It’s HIGHLY IRRESPONSIBLE to mislead the community and not respond to community concerns. This is very bad for people doing RELIGIOUS work. It is also against the WEE NEE TO MISLEAD THE COMMUNITY.
Change in bylaws can result in the IRS permit being voided and it has to be re applied for.
Kyaemon
June 20, 2010 at 10:54 pm
ThanGyat
Posted on: 2008/12/17 21:41
Kyawhtin1 and others had pointed out that PBA Board Secretary position might be illegal. He was referring to Mandalay Gazette newspaper November 2007 issue’s Pa Htan item appearing on page 2. See earlier postings in this topic.
That was over a YEAR ago. Nothing has been heard from Chairman U Aye Thaka and associates ever since. There was no refuting the allegation nor a clarification to the community and viewers.
This year, in Mandalay Gazette’s November 2008 issue on page 4, again, U Kyaw Hlaing has been described as “Ah Phwai” (PBA board) Secretary.
As others had already pointed out in detail, without a prior change in bylaws, the Board Secretary position would be ILLEGAL and VOID.
Should there be a change, the bylaws also have to spell out this position’s EXACT duties and responsibilities.
From what I heard, this is because this position would be duplicating the duties and responsibilities already assigned SPECIFICALLY in the bylaws to the EC PRESIDENT and to a lesser extent to the EC SECRETARY.
From others, I learn that this is SERIOUS business indeed. Any later change to the conditions presented previously to the tax authorities, would VOID the tax exempt permit. The Temple would then be taxed as a BUSINESS.
Not only that, donors’ donations would THEN be DISALLOWED by the tax agencies. They would be just “non recognized payments” to a business. This would seriously hurt the donors.
Kyaemon
June 21, 2010 at 4:14 am
Myittha
Posted on: 2008/12/18 16:02
ThanGyat, thank you for bringing up the Mandalay Gazette November paper issue about “Azusa Board Secretary.”
Everyone knows that it’s very difficult to obtain an IRS tax exemption permit especially nowadays due to Al Qaeda.
Moreover, it costs a huge fee and involves much time and many details. And, much uncertainty. I know that the Articles of incorporation and bylaws have to be submitted with an exempt application. I heard that the bylaws, etc have to meet certain IRS requirements. They all become public documents.
I understand that after rigorous screening, a permit is granted. Even then, a typical IRS permit would have the following provisos or conditions:
“Based on information supplied, and ASSUMIG YOUR OPERATIONS WILL BE AS STATED IN YOUR APPLICATION for recognition of exemption, we have determined you are exempt from Federal income tax under section under 501(c)3 of the Internal Revenue Code.”
“If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status…”
“Donors may deduct contributions to you as provided in section …”
——————————————————–
What do we learn from the above conditions?
Judging from the first condition, it’s very clear that an IRS permit is just a CONDITIONAL PERMIT. It’s automatically VOIDED when the temple changes its character or method of operations like the one about the “BOARD SECRETARY.” IRS needs not audit and revoke an exemption letter. It’s SELF REVOKED right away by one’s own actions.
Additionally, from the second condition, the IRS is REQUIRING the permit holder to inform IRS (and reapply) when there is such a change.
From these conditions, it’s clear that the IRS is not easily granting a permit to each and everyone. Nor is it granting it to the same entity, irrespective of conditions or methods of operations, later on. Nor is it for forever and ever.
Please let me know, if I am wrong.
Kyaemon
June 21, 2010 at 4:16 am
Phopyoncho
Posted on: 2008/12/18 17:42
Thank you ThanGyat and Myittha; and of course, prior posters on this topic.
Yes. Without first changing the bylaws, I understand that the Board Secretary position is DEFINITELY illegal and void.
Moreover, I heard that even with a bylaw change to allow for a Board Secretary position, such a change would automatically void the existing IRS permit. Why so? That’s simply because the TERMS AND CONDITIONS, under which the permit was granted, HAD CHANGED.
The IRS needs to be informed of the bylaws change. In effect, the permit has to be re applied for, which means some more scrutiny with a fine comb. This takes some time. There is a likelihood for a rejection since the “Board Secretary” bylaw change sounds illogical, unnecessary, and whimsical.
To me, it serves no tangible and useful charitable purpose except to satisfy some person’s LARGE EGO. To me, it just monopolizes the powers from the EC PRESIDENT and the EC SECRETARY.
A Board Secretary allegedly with no duties to speak of, or with ambiguous duties and responsibilities, would ensure an IRS’ outright REJECTION.
So also a duplication of duties and responsibilities among the BOARD SECRETARY, the EC PRESIDENT, and the EC SECRETARY, would ensure a surefire rejection..
In my opinion, what a mess! Much ado about nothing! Unwise and uncalled for, risking a valuable Temple tax exempt permit!
What do you think?
Kyaemon
June 21, 2010 at 5:53 pm
ToneTone
Posted on: 2008/12/18 20:00
I admire ThanGyat, Myittha, and Phopyoncho’s postings and those of others. They are eye openers, lucid and well written.
Curious, I asked my friends. Should this illegal “Board Secretary’s position” void Azusa Temple’s IRS permit, what would happen? My friends answered.
Temple
The IRS will tax on the Temple’s income for FEDERAL INCOME TAX. The rate is around 15 %. The Temple is no longer tax exempt. This works out to a huge sum.
The same holds true for other permits below:
Franchise Tax Board will tax the Temple’s income for STATE INCOME TAX @ about 10%. It also becomes taxable by State. This works out to quite a big sum, too.
Imagine 25% of your donations may be already gone for these two income taxes. Just for U Aye Thaka and his so called Board Secretary allegedly playing the “BOARD SECRETARY game.”
L A County for Property Taxes
Let us assume that the Temple’s two properties are assessed at $ 1 million. The estimated property taxes would come to around $ 10,000 ANNUALLY. The $ 10,000 property taxes would not be exempted anymore. That means another chunk of about $ 10,000 of community’s money is gone. What for? For this allegedly unthinking and rash “Board Secretary” game, and a really stubborn one, going on for over a year now with no end in sight.
State Board of Equalization
Sales Taxes would be payable. Examples: Whittier Narrows Park Rental Fees would be taxed for Sales Tax. Food Stalls’ Sales would incur Sales Taxes. A higher park rental rate (not special rate) is payable by a taxable entity. A few thousands gone down the drain again.
In fact, the Park may not rent a place to an entity with a voided IRS permit. The Temple would become a “private business” entity. Using a permit which had been voided or should have known to have been self revoked or voided, would be unlawful and would carry a penalty for fraud.
US Post
The Postal Bulk rate permit has saved the Temple huge sums annually. Say a few thousands. With the voiding of the IRS permit, the Temple would lose this money-saving Bulk rate permit.
Obviously, not reporting to US Post about the voided permit, is considered a felony or a misdemeanor.
Donors
Donors won’t be allowed to deduct their donation contributions in their tax returns. If they did, they might be back taxed with interest and penalties. The Federal tax may range from 15% to 30% of the donation amounts. California tax may be another 10%.
Continuing to issue receipts stating that donations are tax deductible, would be FRAUDULENT and would be misleading the community.
For this, Chairman U Ayethaka and associates concerned would be liable for damages (if any) to the respective DONORS.
Kyaemon
June 21, 2010 at 5:56 pm
Thissa
Posted on: 2008/12/18 21:35
Thanks, Tone Tone. Your friends had not touched on a possible Temple’s “Malpractice Insurance” coverage
Creating a BOARD SECRETARY position without first changing the bylaws was illegal.
This alleged illegal act would NOT BE COVERED by Temple’s malpractice insurance (if any). Why? Because such an unlawful act was willful and deliberate.
Chairman U Ayethaka and associates who allegedly approved this illegal position and the so called Board Secretary, in particular, would not be protected by malpractice insurance coverage. They are on their own.
A Burmese saying says “A blind man is not afraid of ghosts.” Since there was no Board Secretary clarification for over a year, it appears to me that U Ayethaka and his crony, the so called Board Secretary, are not afraid of legal consequences to the Temple and to themselves.
I think that they would be held responsible. They may be required to repay the Temple for damages to the Temple’s interests. Among others, damages include the Temple being taxed for Federal and State income taxes, losing the property taxes exemption, paying Sales Taxes, losing the bulk postal rate permit, ….
Ignorance of law is no defense. They should heed Venerable Penang Sayadaw’s advice on the importance of obeying the laws of the land.
See also other postings in this topic and those under Vinaya Wee Nee topic below:
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1067&forum=6#forumpost5027 (old)
Kyaemon
June 21, 2010 at 5:58 pm
Kyaemon
Posted on: 2008/12/18 22:38
I have looked up several bylaws by religious organizations. The bylaws usually assign duties for the President, the Secretary, and the Treasurer.
Samples:
Quote
“Numbers of Officers
The officers of this corporation shall be a President, a Secretary and a Chief Financial Officer who shall be designated the Treasurer…..
Duties of President
The President shall be the chief executive officer of the corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the corporation and the activities of the officers…..
Unless another person is specifically appointed as Chairman of the Board of Directors, he or she shall preside at all meetings of the Board of Directors….” End Quote.
From the above, you can notice the importance of the PRESIDENT’s role. You can also notice his responsibilities as a “Take charge” person, a Chief Executive Officer (CEO).
Example: Presiding at a Board meeting in the absence of a Chairman.
Notice also that the so called BOARD SECRETARY cannot come in between the Chairman and the EC President. If he does come in, he is usurping illegally the EC PRESIDENT’S duties and powers and responsibilities. He would be creating a TERRIBLE confusion.
It would also be GROSSLY UNFAIR to the EC President in stealing his prestige and functions without the so called Board Secretary himself, shouldering any responsibility at all.
Don’t you think it’s misleading the community? Don’t you think that it is rather selfish and unfair, and foolish too? Don’t you think the persons concerned should put a stop to this allegedly illegal or rash act unbecoming of religious persons?
Kyaemon
June 22, 2010 at 7:39 pm
JinThote
Posted on: 2008/12/23 14:49
Thank you all for the PBA Board Secretary postings.
Temple trustees should have a high standard of conduct. At the very least, like others, they should comply with the laws of the land.
In both conduct and in appearance, they should be beyond reproach. They should NOT appear to be RECKLESS, IRRESPONSIBLE, UNRESPONSIVE, and LAWLESS.
They should safeguard the Temple and Sasana FIRST and not advance their own NARROW and SELFISH interests or that of A COUPLE OF MONKS.
Note: Buddha told his disciples to comply with the laws of the land, not to break them. Lord Buddha and Buddhist monks never said that Buddha’s laws override local laws and therefore, we should “override” them to make the monks comfortable.
Anybody telling you otherwise is just a BIG BRAZEN LIAR. He won’t break the laws himself. He cunningly tells OTHERS to do it themselves, so that he can avoid punishment sure to come.
Here, “Chairman” U Ayethaka has not clarified the illegal “PBA Board Secretary” position for OVER A YEAR.
Is his conduct proper or worthy of a Chairman or does it even APPEAR to be proper and reasonable? Hardly! A so called “Chairman.” What a SHAME! HOW IRRESPONSIBLE! HOW UNRESPONSIVE! AND HOW NAIVE!
Breaking the Vinaya in the process, what a MONK!
The so called “PBA SECRETARY, too.” HOW SELFISH AND FOOLISH!
Kyaemon
June 22, 2010 at 7:41 pm
ThanGyat
Posted on: 2008/12/24 12:30
Need to quickly solve or clarify this illegal Board Secretary position.
America is a Land of Laws. People need to observe laws everywhere. No need for religious people to adopt a risky attitude which might harm the Temples and churches.
No need for church people and priests to adopt a “as long as you can get away with it” policy like some dishonest commercial people.
It’s against the Five Precepts and the Vinaya. It’s “khoe chaung khoe hwet.” It’s undignified for church people to do so.
Other interesting links:
Photos of Azusa Kyaung Nibban Zay
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=949&forum=6&post_id=4419#forumpost4419 (old)
Statues of Than-way-za-ni-ya 4 Htarna at Azusa Monastery
(changed to “E” by U Ayethaka)
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=951&forum=6&jump=1&start=10 (old)
Azusa Temple – A Tribute to Original Sayardaw U Thondra
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=965&forum=6&post_id=3708#forumpost3708 (old)
Vinaya monk rules
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1067&forum=6&post_id=5277#forumpost5277 (old)
Azusa Temple 7/22/07
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=941&forum=6&post_id=2224#forumpost2224 (old)
Azusa Temple
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=946&forum=6&post_id=4108#forumpost4108 (old)
Kyaemon
June 22, 2010 at 7:57 pm
ThanGyat
Posted on: 2008/12/24 12:30
Need to quickly solve or clarify this illegal Board Secretary position.
America is a Land of Laws. People need to observe laws everywhere. No need for religious people to adopt a risky attitude which might harm the Temples and churches.
No need for church people and priests to adopt a “as long as you can get away with it” policy like some dishonest commercial people.
It’s against the Five Precepts and the Vinaya. It’s “khoe chaung khoe hwet.” It’s undignified for church people to do so.
Other interesting links (old expired Click2Myanmar website):
Photos of Azusa Kyaung Nibban Zay
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=949&forum=6&post_id=4419#forumpost4419
Statues of Than-way-za-ni-ya 4 Htarna at Azusa Monastery
(changed to “E” by U Ayethaka)
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=951&forum=6&jump=1&start=10
Azusa Temple – A Tribute to Original Sayardaw U Thondra
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=965&forum=6&post_id=3708#forumpost3708
Vinaya monk rules
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1067&forum=6&post_id=5277#forumpost5277
Azusa Temple 7/22/07
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=941&forum=6&post_id=2224#forumpost2224
Azusa Temple
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=946&forum=6&post_id=4108#forumpost4108
Kyaemon
June 22, 2010 at 8:00 pm
ThanGyat
Posted on: 2008/12/24 12:30
Need to quickly solve or clarify this illegal Board Secretary position.
America is a Land of Laws. People need to observe laws everywhere. No need for religious people to adopt a risky attitude which might harm the Temples and churches.
No need for church people and priests to adopt a “as long as you can get away with it” policy like some dishonest commercial people.
It’s against the Five Precepts and the Vinaya. It’s “khoe chaung khoe hwet.” It’s undignified for church people to do so.
Other interesting links (old expired Click2Myanmar website):
Photos of Azusa Kyaung Nibban Zay
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=949&forum=6&post_id=4419#forumpost4419
Statues of Than-way-za-ni-ya 4 Htarna at Azusa Monastery
(changed to “E” by U Ayethaka)
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=951&forum=6&jump=1&start=10
Kyaemon
June 22, 2010 at 8:02 pm
ThanGyat’s posting continued
Azusa Temple – A Tribute to Original Sayardaw U Thondra
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=965&forum=6&post_id=3708#forumpost3708 (old)
Vinaya monk rules
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=1067&forum=6&post_id=5277#forumpost5277 (old)
Azusa Temple 7/22/07
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=941&forum=6&post_id=2224#forumpost2224 (old)
Azusa Temple
http://www.click2myanmar.com/C2M/modules/newbbex/viewtopic.php?topic_id=946&forum=6&post_id=4108#forumpost4108 (old)
Kyaemon
June 23, 2010 at 8:18 am
Dawgyansen
Posted on: 2008/12/28 14:07
Board Secretary. Problem. Big DOK KA!!
Monk & crony do illegal? They no obey U S laws? No CARE U S laws? BIG HARM TO TEMPLE??
Big monk & crony They NO shinn pya letter. One year, do no NOTHING? Really?
If so, he VERY SAD or VERY BAD??
Think monk own Temple? Do whatever he want?
Think HE living God already? Really?
If so, he VERY MAD OR VERY BAD??
Kyaemon
June 23, 2010 at 8:52 pm
Kyaemon
Posted on: 2008/12/28 19:33
We agree with Dawgyansen. Somebody might be “mike yew yare” or “coo coo” to take on Uncle Sam and U S laws.
Will they pay for the damage to the Temple for their rash actions?
Click on the link below. There is a photo on the PBA website captioned “PBA Secretary.” Up to now, there is still no clarification on this allegedly illegal and controversial position.
http://pbadd.blogspot.com/2007/11/blog-post.html
“Tuesday, November 13, 2007
More Patthan Photographs
PBA secretary U Kyaw Hlaing announces of the Completion Ceremony of Seventh Non-Stop Recitation of Patthana Scriptures…….”
Kyaemon
June 24, 2010 at 4:13 am
Phwasein
Posted on: 2008/12/31 20:09
lugyi do illegal no good. If wrong, quick correct. Don’t harm temple. Don’t harm donors. Don’t harm other lugyis.
legal or no legal, explain chay nay to ludu dar yar kar.