Welcome to CBMS IN USA, full name is Cambodian Buddhist Monks Society in USA
OF
THE
CAMBODIAN BUDDHIST MONK SOCIETY IN U.S.A
(CBMS)
PREFACE
In the past, many
Buddhist countries in the world had praised Cambodian monks for their
marvelous achievement in translating the Tripitaka from Pali to Khmer as well
as establishing organizational structure of Sangha in the country.
Due to civil war and the war with neighboring
country, Buddhism in Cambodia was completely decimated. Monks were defrocked and killed. Monasteries and Buddhist scriptures were
destroyed into fire. Intellectual monks and lay people must live in disguise,
and even flee to elsewhere seeking freedom.
Since then, a great
number of Buddhist monks and other Cambodians have been resettled in many
states in the United States. Being away
from native homeland, it is so certain that we lost our customs, culture,
tradition, language and religion. Lay people and monks all over the country
have created religious institution, build monasteries, organize associations in
order to keep the revival of our customs, culture, and the resurrection of our
literature, which by now, we have seen a remarkable success.
In taking part in the process of advocating and
rebuilding the prestige for Khmer monks as well as consolidating and widening
our solidarity, we, the monks who permanently reside in all over the United
States of America, have collaborated to organize an association called “The
Cambodian Buddhist Monk Society in USA”.
ARTICLE I
OFFICIAL
OFFICE NAME, LOCATION, STATUS & EMBLEM
Section 1.0 OFFICIAL NAME
The
Name of this association shall be known as THE
CAMBODIAN BUDDHIST MONK SOCIETY IN U.S.A, INC., “Incorporated”, herein
after referred to as “CBMS” or the “Association”. It shall be a nonprofit association
incorporated under the Nonprofit Corporation Laws of the State of Minnesota.
Section 1.1 PRINCIPAL OFFICE
The Cambodian Buddhist Monk Society
in U.S.A, (CBMS) has its principal office location at: 2925 220th
Street East, Hampton, MN55031, USA. The office location of the CBMS may be
changed as needed according to the decision made by its Executive President and
its Supreme Council.
Section
1.2 BRANCH OFFICE
The
CBMS may organize its branch- offices in any other states in the US according
to its possibility and circumstances.
Section 1.3 STATUS
The CBMS is not organized to engage
in politics of the United States and of the Cambodian government, nor for the
profit. The CBMS shall conduct all activities with regardless of political tendency, religion, race, or
color. It shall serve only the interest of
people, but not political party.
Section 1.4 THE ORIGIN
The CBMS is organized
by unanimous decision of members as great Theras and all Khmer monks in the US who participated
in a meeting. It shall conduct all activities in an unlimited time.
Section 1.5 THE EMBLEM & ITS MEANING
The CBMS has
emblem and seal shall have the following features and meanings:
-
The form of a wheel consisting 8 spokes
that represent the setting in motion by Buddha indicating the 4-Noble Truths
and the 8-Noble Paths of Liberation, and the 84,000 Dhammas.
-
The 80 petals of lotus flower representing
the 80 ASSATI Disciples and monks in Buddhism.
-
The non-blossom lotus flower representing
compassion, wisdom, and purity of the perfect and shining Lord Buddha. In the
center is a Khmer letter…. representing Bodhi wheel (wheel of supreme
knowledge).
Section 1.6 COLOR &. MEANING OF THE FLAG
The emblem and seal of CBMS have meaning as follow:
-
golden: shining light of the Buddha
and Buddhism.
-
red: seriousness, pragmatism, and
power of the Dhamma.
-
blue: composure and decent manner of
monks in the past and in the present.
-
white: Purity of Buddhism.
-
The CBMS will use the 6-color flag inspired from the 6-color aura of the Buddha.
This flag was adopted by a session of conference that took place in Colombo,
Sri Lanka from May 25 through 6 June, 1950.
ARTICLE
II
MISSION,
OBJECTIVES & GOALS
Section 2.0 MISSION
The CBMS has the
following primary mission:
A. Educating
lay persons on virtue, concentration, and wisdom.
B. Consolidating
the practice of dhamma-discipline by all monks in the United States.
C. Stop
the practice of the use of monk community as shield in business.
D. Facilitating
the lonely livelihood and the lack of communication.
E. Facilitating
the monastic members that need the spiritual and material developments.
F. Universalize
the Buddhist ceremonies.
G. Arrange
documentations and provide all possible supports to monks who scarify their
energies for society and religion.
H. Cooperate
with the US government.
I.
Communicate with all Buddhist Monks in Cambodia
and other countries.
Section 2.1 OBJECTIVES
The CBMS has the following
objectives:
-
Consolidating solidarity among all Buddhist monasteries and monks in the United
States.
-
Facilitating the monasteries and monk members who are facing spiritual and material
hardships.
-
Harmonizing the community of monks in the United States.
-
Organizing a feasible institutional support for monks in the United States.
-
Facilitating general communication between monks from other nations and the association
of Cambodian monks.
- Facilitating the Buddhism
in Cambodia, the U.S. government, national and international organizations, diverse
religions with the association of Cambodian monks.
-
Utilizing one common word to clearly explain any point of uncertainty.
- generating a smooth dhamma
practice for monks and Khmer lay people in the United States.
-
propagating Buddhism to all people.
Section 2.2 GOALS
A. To
achieve the above objectives, The CBMS has the following goals:
B. Organizing
workshops to explore the needs of monks and lay Cambodians.
C. Organizing
Buddhist and traditional ceremonies.
D. Organizing
unified Visakha Puja ceremony.
E. Participating
in religious, cultural, humanitarian and social activities with the U.S. and
Cambodia, national and international organizations, and Cambodian monk order.
ARTICLE III
NONPROFIT PURPOSES
Section
3.0 IRC SECTION 501(c)(3) PURPOSES
Said the Association is organized exclusively for
charitable, religious, educational, and scientific purposes, including, for
such purposes, the making of distributions to organizations that qualify as
exempt organizations under section 501(c)(3) of the Internal Revenue Code, or
the corresponding section of any future tax code.
No
part of the net earnings of the Association shall inure to the benefit of, or
be distributable to its members, trustees, officers, or other private persons,
except that Association shall be authorized and empowered to pay reasonable
compensation for services rendered and to make payments and distribution in
furtherance of the purposes set forth in Article III thereof.
No
substantial part of the activities of the Association shall be carrying on of propaganda,
or otherwise attempting to influence legislation, and the Association shall not
participate in, or intervene in (including the publishing or distribution of
statements) any political campaign on behalf of or in opposition to any
candidate for public office.
Notwithstanding
any other provision of these articles, the Association shall not carry on any
other activities not permitted to be carried on (a) by an Association exempt
from federal income tax under section 501(c)(3) of Internal Revenue Code, or
the corresponding section of any future
federal tax code, or (b) an Association, contributions to which are deductible
under section 170(c)(2) of the Internal Revenue Code, or the corresponding
section of any future federal tax code.
Section
3.1 DISSOLUTION OF THE ASSOCIATION
Upon a dissolution of the Association, assets shall be distributed for
one or more exempt purposes within the meaning of section 501(c)(3) of the Internal
Revenue Code, or the corresponding section of any future federal tax code, or
shall be distributed to the federal
government, or to state or local government, for a public purpose.
Any
of such assets not so disposed of shall be disposed of by a Court of Competent Jurisdiction
of the county in which the principal office of the Association is then located,
exclusively for such purposes or to such organization or organizations, as said
Court shall determine, which are organized and operated exclusively for such
purposes.
Section
3.2 CONFLICTS OF INTEREST
The Association shall not enter into any transaction or arrangement that
might benefit the private interest of any officer or director of this Association,
that violates the conflict of interest policies of the CBMS or that, violates
any other applicable state and federal laws governing the conflict of interest application
to nonprofit and charitable associations or organizations. The Board of Directors shall adopt policies
and procedures as appropriate and necessary to ensure the Association operates
in a manner consistent with its charitable purposes and does not engage in
activities that could jeopardize its tax-exempt status.
ARTICLE IV
MEMBERSHIP
Section 4.0 MEMBERSHIP
Only monks who reside in the United
States can be members of the CBMS.
The membership of the CBMS is
categorized as follow:
-
Founding members
-
Active members
-
Honorary members
The founding members are for monks
who contribute their energies and financial means
to help establishing the CBMS.
The active members are monks who
adhere to be members of the CBMS by actively participate in all CBMS’s
activities.
The honorary members are monks who
benevolently contribute materials, finance, and share experience to the cause
of CBMS development.
Section 4.1 LOSS OF MEMBERSHIP
The membership of
the CBMS can be removed in the following situation:
-
Member has officially submitted resignation to CBMS.
-
Member gravely committed to violate the Buddhist rules and laws, and laws of
the country.
-
Member leaving the monkhood.
-
Member is in default in following the CBMS’s by-laws, internal rules and
regulation, or uses the CBMS to serve the interest of any political party.
-
Member has died.
ARTICLE
V
STRUCTURE,
ROLES, & DUTIES
Section 5.0 STRUCTURE
The CBMS has its structural
management as follow:
-
A Supreme Advisory Group consisted of 1-7 monks.
- A Board of Directors consisted of
5 monks or more.
-
One President
-
One First Vice- President.
-
One Second Vice- President.
-
One Secretary General
-
One First Deputy-Secretary General
-
One Second Deputy- Secretary General
-
One Treasurer General
-
One First Deputy-Treasurer General
-
One Second Deputy-Treasurer General
-
Committees
Section 5.1 ROLES AND DUTIES OF THE SUPREME ADVISORY GROUP
-
Has consulting role in the development process of CBMS.
-
Helps seeking partnerships to support the development process of CBMS.
-
The Supreme Advisory Group has no duty to interfere in any works of the
President of CBMS.
-
Serves as volunteer by not claiming for profits of CBMS.
-
Has adequate time to participate in CBMS.
-
Is honest and well conducted with virtue.
-
Has experiences in community’s development process.
-
Has advisory roles but not executive ones.
-
Has the right to attend the meeting or conference upon invitation by the
President of the committee of directors and is entitled to give advice when the
President cannot reach solution.
Section 5.2 ROLES AND DUTIES OF THE BOARD OF DIRECTORS
The
board of directors has the following roles:
- The
board is an institution to oversee all affairs of CBMS.
- The
Executive President is directly responsible before the board of directors by following
the terms of by-laws and the decisions made for the progress of CBMS.
- The
board of directors has 5-monk members or more who are elected among all members
of CBMS, but not members of the executive committee. The executive
committee makes decision to elect board of directors
to serve a 4-year term.
Section 5.3 ROLES AND DUTIES OF THE PRESIDENT
The President has the following
roles and Duties:
-
Manages, leads, and oversees all works conducted by members of CBMS.
-
Authorizes all expenditures of CBMS adopted to achieve objectives and goals set
forth by its assembly.
-
Sets planning to seek fund to support programs of CBMS.
-
Signs CBMS’ correspondences.
-
Oversees and makes decision on financial flows of CBMS.
-
Set principles and strategic goals by collaborating with committee of
directors.
-
Presides over meetings of CBMS.
Section 5.4 ROLES AND DUTIES OF VICE-PRESIDENT
First Vice-President performs work
for the Executive President, which was proposed for review and decision –
fulfills all duties cited in the structure of CBMS. In the absence of the
Executive President, the First Vice-President shall assume the role as Interim
President following written designation issued by the Executive President.
Second Vice-President performs all
works assigned by First Vice-President and President, or when they are absent.
Section 5.5 ROLES AND DUTIES OF THE SECRETARY GENERAL
The Secretary
General has the following roles:
-
Assisting the CBMS’ Executive President in all scope of works.
-
Telephones or e-mails members to call for weekly, monthly, and annually meetings.
-
Preparing and submitting documents and correspondences to Executive President
for signature and approval.
-
Submitting new principles to Executive President to review and approve for
further activities.
-
Overseeing and being user of the seal of CBMS.
-
Overseeing all documents of CBMS.
-
Being the note-taker of meetings.
-
Preparing reports for CBMS.
-
Overseeing inventory of CBMS.
-
Setting meeting’s agenda for president to approve and open the meeting.
First Secretary General and Second Secretary General are
the assistants of Secretary General, and work on his behalf during his absence.
Section 5.6 ROLES AND DUTIES OF TREASURER GENERAL
The treasurer
General of CBMS has the following roles and duties:
-
Assists the executive President to perform financial works.
-
Prepares ledger revenue and expense of CBMS for Executive President to review and
approve.
-
Overseeing, reviewing, and signing on bills.
-
Preparing monthly and quarterly reports for the assembly.
-
Preparing accounting book regularly and report all monthly expenses.
-
Right to handle the expense must be with the consent of the President.
The First and the Second Deputy-Treasure
Generals are the assistants to the Treasurer General and will perform his works
during his absence.
Section 5.7 COMMITTEES
The CBMS has 4
committees with the following roles and duties:
A. Committee
for Inspection and Evaluation has duties as: - To
inspect, research, explore, and maintain
Relationship
between Khmer monasteries and monks who are members of CBMS. In case of hardships, or request for help is
made by monastery or individual monk, the committee must send report to CBMS.
B. Committee
for Planning has the roles:
-
To organize plans for ongoing activities of CBMS.
-
To report drafts and plans which need to work on to the Executive President,
president of division, and members of CBMS.
-
To evaluate all drafts and plans at the final phase.
-
To directly involve with drafts and plans.
-
To report the outcome of work done.
-
To directly communicate with related institutions during work performance.
C. Committee
for Publication and Material Printing The
committee for publication and material printing has the roles to:
- Make brochures and flyers publication of
goals, objectives, and so on, of CBMS.
- Publish and print dhammas and dhamma
displines.
- Perform educational dhamma talks by means
of social network and programs.
- Announce, by all means, the principles of
CBMS so that monks, lay Cambodians, and international community hear and well
know about CBMS.
D. Committee
for Public Relation:
-
Keeps close relationship with all members.
-
Interacts with supportive partnerships of CBMS.
-
Interacts with national and international institutions, organizations, companies, and Orders of Monks in
Cambodia and in the world.
-
Represents CBMS in work-related discussions in the country and abroad.
-
Attends weekly, monthly and annually meetings of CBMS upon call by the President.
-
Helps preparing necessary amendments of by-laws and internal rules and regulations
of CBMS.
ARTICLE
VI
SOURCES
OF FUND & MANAGEMENT
Section 6.0 SOURCES OF FUND
The CBMS has fund coming from the
following sources:
-
Membership of CBMS.
-
Benevolent funds (from individual and charitable foundations).
-
Contributions through ceremonies organized by CBMS.
Section 6.1 MANAGEMENT OF FUND
-
All incomes must be administered by the Treasurer of CBMS with signed approval
of the Executive President.
-
Cash and check-incomes must be deposited to CBMS’ account. An amount of money can
be kept in petty cash of CBMS for necessary spending with the limit determined by
the board of directors.
-
All funds can be used solely for the purpose of accomplishing objectives and
mission of CBMS.
-
All withdrawals of cash or checks from the bank must be signed by Treasurer, Secretary General, and
Executive President; or, it can be done by the power of attorney, given in
writing by Executive President, to
individuals who are members of CBMS.
Section 6.2 REVENUE AND EXPENSE
In assuring the
transparency of management of revenues and expenses, CBMS regulates the
followings:
-
President of division, Secretary General, and Treasurer are authorized to make expenses
of $500.00 per month without signature of approval from the Executive President.
-
For expenses exceeding $500.00 per month must have a signed authorization by Secretary
General, Treasurer, and Executive President.
-
For expenses under $500.00 must be used with petty cash.
-
For expense over $500.00 must be used with checks from CBMS’ banking account.
-
Expenses shall be reported to the quarterly meeting.
-
Secretary General and Treasurer General cannot have more than $1,000.00 on hands.
-
Secretary General and Treasury General are authorized to use cash or checks up
to $500.00 per month without signed approval from the President.
- Any ordinary or extraordinary meeting shall
determine all large amounts of expenses.
Section 6.3 NEUTRALITY
In
order to keep our neutrality and independence, CBMS will not accept any kind of
donations from any political party.
ARTICLE
VII
ASSEMBLIES
AND MEETINGS
Section 7.0 ASSEMBLIES
The CBMS shall have 2 General Assemblies:
-
Ordinary General Assembly
-
Extraordinary General Assembly
Section 7.1 ORDINARY-GENERAL ASSEMBLY
The
CBMS shall organize ordinary- general assembly annually on the month of Visakh of
the lunar calendar with attendance by all members, per invitation sent by
Executive President. The office of secretary general shall determine regulations,
agenda, and place of the meeting. The ordinary- general assembly has following
objectives:
-
To review and evaluate last year’s reports on activities and finances.
-
To review, approve reports and set goals of activities and financial planning
for the next year.
-
To review and evaluate application of by-laws, internal rules and regulations,
and resolutions adopted by CBMS.
-
To review and determine the amendment of the by-laws, and internal rules and regulations.
-
Refer to necessary cases
Section 7.2 EXTRAODINARY-GENERAL ASSEMBLY
The
extraordinary-general assembly of the CBMS shall be organized between annual-general
assemblies per request by the President, Vice-President, or by 2/3 of members of
CBMS to discuss special issues. Regulations, agenda, and place for the meeting shall
be determined by the office of the Secretary General. Invitation to the extraordinary
general assembly shall be made at least one month before the session and shall
include the agenda. The followings are the objectives of the extraordinary-general
assembly:
-
Discuss and determine the change of President and Vice-President
-Discuss
and determine new planning as it is necessary.
-
Discuss and find solutions for any crisis that occurs eventually.
-
Discuss and decide to dissolve CBMS; and in that case, discuss the distribution
of CBMS’ treasure.
Section 7.3 DECISION OF THE GENERAL ASSEMBLY
The
decision of both ordinary and extraordinary general assemblies shall not be equally
legitimate unless there is a support by 2/3 of members attending the plenary session
with the quorum of at least 50% +1 of all members of executive committee, other
committees, and all assistants of CBMS.
Section 7.4 MEETINGS OF THE EXECUTIVE COMMITTEE
The
executive President, Vice-Presidents, committees, and assistants shall meet at least
once a month upon call by President. As necessary, the President may call for extraordinary
meeting. Or, upon request by 2/3 of presidents of all committees, such meeting
shall occur. Notice stating rules, agenda, place, and time shall be the burden of
the office of Secretary General. The objectives of the meetings of members
shall be:
-
To review and determine financial activities of all working groups from the
past.
-
To review and determine new financial planning for further activities.
-
To review and determine the process of recruiting and removing membership.
-
To review and determine monthly expense.
-
To review and determine signatures on contracts and other documents.
-
To review and determine reports on annual activities, or financial situation
before submitting to the annual meeting.
-
To resolve issues eventually occurred or raised by members.
Section 7.5 DETERMINATION OF THE MEETINGS
All
determinations by the meeting in general shall not be considered legitimate
unless there is a support by 2/3 of members attending the plenary session with
a quorum of at least 50% +1 of members from executive committees, other
committees, and assistants of CBMS.
Section 7.6 VALIDITY OF THE MEETINGS
A
meeting shall not be considered invalid
ARTICLE
VIII
EXECUTION
OF INSTRUMENTS, DEPOSITS AND FUNDS
Section
8.0 EXECUTION OF INSTRUMENTS The
Board of Directors, except as otherwise provided in these Bylaws, may by resolution
authorize any officer or agent of the Association to enter into any contract and
deliver any instrument in the name of and on behalf of the Association, and
such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall
have any power or authority to bind the Association by any contract or
engagement or to pledge its credit or to render it liable monetarily for any
purpose or in any amount.
Section
8.1 CHECKS AND NOTES Except
as otherwise specifically determined by resolution of the Board of Directors,
or as otherwise required by law, check, drafts, promissory notes, orders for
the payment of money, and other evidence of indebtedness of the Association
shall be signed by the Treasurer and countersigned by the President of the
Association.
Section
8.2 DEPOSITS All
funds of the Association shall be deposited from time to time to the credit of
the Association in such banks, trust companies, or other depositories as the
Board of Directors may select.
Section
8.3 GIFTS The
Board of Directors may accept on behalf of the Association any contributions,
gifts, or devise for the nonprofit purposes of this Association.
ARTICLE
IX
ASSOCIATION
RECORDS, REPORTS, & SEAL
Section
9.0 MAINTAINANCE OF ASSOCIATION
RECORDS The Association shall keep at its
principal office:
(a) Minutes
of all meetings of Directors, Committees of the Board and of all meeting of the
Assembly, indicating the time and place of holding of such meetings, whether
regular or special, how it is called, the notice given, and the names of those
present and the proceeding thereof;
(b) Adequate
and correct books of account, including accounts of its properties and business
transactions and accounts of its assets, liabilities, receipts, disbursements,
gains, and losses;
(c) A
record of its members, including their names and addresses and the termination
date of any membership;
(d) A
copy of the Association’s Article of Incorporation and Bylaws as amended to
date, which shall be open to inspection by the members of the Association at
all reasonable times during office hours.
Section
9.1 ASSOCIATION SEAL The
seal of the Association shall be THE
CAMBODIAN BUDDHIST MONK SOCIETY IN U.S.A, as authorized by Article of
Incorporation, by these Bylaws and provisions of law with the name of the
Association inscribed beneath. Failure
to affix the seal the Association instruments, however, shall not affect the
validity of any such instrument.
Section
9.2 DIRECTIONS’ INSPECTION RIGHTS Every
director shall have the absolute right at any reasonable time to inspect and
copy all books, records and documents of every kind and to inspect the physical
properties of the Association and shall have such other rights to inspect the
books, records and properties of this Association as may be required under the
Article of Incorporation, other provisions of these Bylaws, and provisions of
law.
Section
9.3 MEMBERS’ INSPECTION RIGHTS Each
and every member shall have the following inspection rights, for a purpose
reasonably related to such person’s interest as a member.
(a) To
inspect and copy the record of all members’ names, addresses and voting rights,
at reasonable times, upon written demand on the Sectary of the Association,
which the demand shall state the purpose for which the inspection rights are
requested.
(b) To
obtain from the Secretary of the Association, upon written demand on, and
payment of a reasonable charge to, the Secretary of the Association, a list of
the names, addresses and voting rights of those members entitled to vote for
the election of directors as of the most recent record date for which the list
has been compiled or as the date specified by the member subsequent to the date
of demand. The demand shall state the
purpose for which the list is requested.
The membership list shall be made within a reasonable time after the
demand is received by the Secretary of the Association or after the date
specified therein as of which the list is to be compiled.
(c) To
inspect at any reasonable time, the books, records, or minutes, or proceedings
of the members or the board or committees, for a purpose reasonably related to
such person’s interests as a member.
Members shall have other rights to inspect the books, records, and
properties of this Association as may be required under the Article of
Incorporation, other provision of these Bylaws, and/or provisions of law.
Section
9.4 RIGHT TO COPY AND MAKE
EXTRACTS Any
inspection under the provisions of this Article may be made in person or by
agent or attorney and the right to inspection shall include the right to copy
and make extracts.
Section
9.5 PERIODIC REPORT The
board shall cause any annual or periodic report required under law to be
prepared and delivered to an office of this State or the member of this
Association, to be prepared and delivered within the time limits set by law.
ARTICLE
X
AMENDMENT
OF BYLAWS
Section
10.00 AMENDMENT THESE
Bylaws may be amended by the general assembly of the Association at its regular
annual meeting by affirmative vote of the majority of the members present in person
and voting.
ARTICLE
XI
CONSTRUCTION
AND TERMS
If
there is any conflict between the provisions of these Bylaws and the Articles
of Incorporation of this Association, the provisions of the Articles of
Incorporation shall govern.
Should
any of the provisions or portions of these Bylaws be held unenforceable or invalid
for any reason, the remaining provisions and portions of these Bylaws shall be unaffected
by such holding.
All
references in these Bylaws to the Articles of Incorporation shall be to the
Articles of Incorporation filed with an officer of this State and used to
establish the legal existence of this Association.
All
references in these Bylaws to a section or sections of the Internal Revenue
Code shall be to such sections of the Internal Revenue Code of 1986 as amended
from time to time, or to the corresponding provisions of any future federal tax
code.
ADOPTION OF BYLAWS
We,
the undersigned, are all of the initial directors of this Association, and we
consent to, and hereby do, adopt the forgoing Bylaws, consisting of seventeen
pages, as the Bylaws of this Association.
Dates:
_____________________________
_____________________________________________
(Venerable Vicheth Chum)
_____________________________________________
(Venerable Sang Moeng)
_____________________________________________(Venerable
Chanthy Sem)
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