rsof: QiS/What_are_QiS.html comparison

comparison QiS/What_are_QiS.html @ 359:d55fe21333e7

as circulated to Trustees et al.

author	Henry S. Thompson <ht@inf.ed.ac.uk>
date	Mon, 01 Apr 2024 17:16:12 +0100
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+.footnote {width: 100%; font-size: 80%; float: none; clear: none}</style><title>SESAM and the Quakers in Scotland draft proposal</title></head><body style="font-family: DejaVu Sans, Arial; background: rgb(254,250,246)"><div style="text-align: center" class="head"><h1>SESAM and the Quakers in Scotland draft proposal</h1><hr/><div class="byline">Henry S. Thompson</div><div class="byline">1 April 2024</div><div class="copyright">Copyright &#xa9; 2024 <a href="http://www.ltg.ed.ac.uk/~ht/">Henry S. Thompson</a>&#160;<a href="http://creativecommons.org/licenses/by-sa/3.0/deed.en">CC-BY-SA</a></div></div><div class="body"><div><h2>1.  Introduction</h2><p>I have struggled at the last two threshing meetings about the proposed
+governing document (now version of 2024-03-21, hereafter GD) for
+Quakers in Scotland (<b>QiS</b>) to adequately convey my concerns.  In
+writing this I'm attempting to do better, not only with respect to
+what I think is wrong, but also by suggesting how it could be fixed.</p><p>It's not short, and there's an even longer appendix of background
+detail, so this section provides a summary.</p><p>In their cover letter for the draft GD sent to SESAM Trustees on
+2024-01-06, the <b>QiS</b> Coordinating Group says</p><blockquote xmlns="" xmlns:x="http://www.w3.org/1999/xhtml">"The Options for Scotland group [proposes] that we form a <i xmlns="http://www.w3.org/1999/xhtml">single
+charity</i> and that we form a <i xmlns="http://www.w3.org/1999/xhtml">single body</i>. The idea of a single
+body clearly needs more work to discern what this might look
+like. It will take time. That idea is not part of what we are
+asking you about here." (emphasis added)</blockquote><p>Not including a story about "the body" (which I'll call "the church" for
+now) is the primary source of the problems the GD presents for SESAM.  Until
+this is fixed I recommend that:</p><blockquote xmlns="" xmlns:x="http://www.w3.org/1999/xhtml">
+<p xmlns="http://www.w3.org/1999/xhtml">SESAM Trustees should advise SESAM that SESAM <i>should not</i> agree to
+joining <b>QiS</b> without substantial changes to the governing document,
+distinguishing between the charity and the church and making their
+relationship explicit, following the model of the governing document
+for Britain Yearly Meeting (the charity).</p>
+<p xmlns="http://www.w3.org/1999/xhtml">An updated GD needs to make explicit provision for the possibility
+of SESAM (the church) continuing <i>as</i> an Area Meeting while laying
+down SESAM (the charity) <i>should it decide to do so</i>. There must be clarity on SESAM (the church)'s
+status with respect to <b>QiS</b> (the church)</p>
+</blockquote><p>In what follows I'll start by identifying the problems I see with the GD, and go on to
+outline the kind of changes I think would improve it, to the point
+where SESAM would support the creation of <b>QiS</b>, both church and
+charity, take its place as part of <b>QiS</b> (the church) and consider
+laying down SESAM (the charity) in favour of <b>QiS</b> (the charity).</p></div><div><h2>2.  Problems with the GD</h2><p>The GD uses "Quakers in Scotland" for both the charity and the church, without
+ever explicitly acknowledging that they are distinct.  Sometimes
+context makes clear which they are referring to, but not always.</p><p>There are two problems here:</p><ol class=" alpha"><li>The lack of a clear distinction between the two, exemplified
+further by the calling letter for GM on 6 April 2024, which
+describes the matter before the Meeting once as "a single Quaker
+body" and once as "a single Quaker charity / body";</li><li>The very limited nature of what is said, or more often implied,
+about the church.  This is acknowledged in the quote above: "[the
+body] is not part of what we are asking you about here".</li></ol><p>These problems arise in large part because, perfectly understandably,
+the <b>QiS</b> Coordinating Group evidently started with a template for governing documents for
+(English/Welsh) CIOs made available by Quaker Life
+(<a href="https://www.quaker.org.uk/documents/cio-constitution-template-agreed-2014">https://www.quaker.org.uk/documents/cio-constitution-template-agreed-2014</a>),
+which embodies the same confusion*.</p><p>But <i>why</i> are these problems for SESAM, and even granted that they are, why do
+they need to be fixed <i>now</i>?</p><p>They are problems because the existing Area Meetings' responsibilities
+and activities as a worshipping body, governed by Meetings for Worship
+for Church Affairs of their membership as set out in Quaker Faith and Practice (QF&amp;P), are largely
+distinct from their responsibilities and activities as a charity,
+governed by trustees.  The former consist of, for example, the spiritual and
+pastoral care of their members and their witness to their communities, grounded in our
+testimonies, whereas the latter focus on
+maintaining the Area Meeting's legal status and financial well-being.
+As for Britain Yearly Meeting, whose succinct self-characterisation
+recently has been "A simple church supported by a simple charity", so
+it should be for Area Meetings.  QF&amp;P has useful
+guidance on this relationship throughout section 15. 15.03 is
+particularly relevant:</p><p>  "The law may assume that authority for determining action
+passes to the trustees and the meeting may choose to do
+this. However, under Gospel Order, the ultimate authority will
+still lie with the gathered meeting."</p><p>The reasons these problems need to be fixed <i>now</i> are</p><ol class=" "><li>In general, because the current lack of clarity on the governance
+structure of <b>QiS</b> makes it impossible for the members of SESAM to know how and to what
+extent they will have any say in what happens to their assets and property.</li><li>In particular, because it is laid on Area Meeting
+trustees to manage the assets of the Area Meeting in such a way as to
+support the charitable objects of the Area Meeting, and without a
+clear understanding of how that will continue to be true once those
+assets are transferred to the <b>SCIO</b>, they would fail in that
+responsibility, which the law expresses as <span>"[they</span> must] seek, in good
+faith, to ensure that the charity acts in a manner which is consistent
+with its purposes"</li></ol><p>A clear separation between the church and the charity is a simple first step towards the necessary clarifications.</p><div class="note footnote"><small><i><p>* Indeed SESAM (the charity)'s own governing document is also based on a
+similar, more recent, template for non-incorporated Area Meetings from
+Quaker Life
+(<a href="https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final">https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final</a>),
+and so also suffers from these problems.</p>
+<p>East of Scotland AM
+and North of Scotland AM's governing documents are also based on the
+non-incorporated Area Meeting template.  Stewardship of North of
+Scotland Quaker Trust is identified as a responsibility of NSAM
+Trustees in their Terms of Reference. West of Scotland's document is
+shorter, and perhaps based on an early template, compared to the
+others.</p></i></small></div></div><div><h2>3.  A note on terminology</h2><p>For clarity, hereafter
+I'll call <b>QiS</b> (the charity) the <b>SCIO</b>, short for the (proposed) "Scottish Charitable
+Incorporated Organisation" and I'll call <b>QiS</b> (the church) the <b>RSFS</b>, short
+for the "Religious Society of Friends (Quakers) in Scotland".</p></div><div><h2>4.  Improving the GD</h2><div><h4>4.1.  Distinguishing the charity and the church</h4><p>The GD should make a clear distinction between the <b>SCIO</b> and
+the <b>RSFS</b>, modelled on the distinction found in the governing document of
+"Britain Yearly Meeting of the Religious Society of Friends (Quakers)
+(Britain Yearly Meeting)" as registered with the Charity Commission
+(charity no. 1127633).  Britain Yearly Meeting (BYM) is (an English)
+Charitable Incorporated Organisation.  Its governing document defines
+that lengthy name as the charity and "The Religious Society of Friends
+(Quakers) in Britain" as the church.</p></div><div><h4>4.2.  The future of the Area Meeting(s)</h4><p>The GD should make it explicit that in the first instance
+the four Area Meetings, as well as General Meeting for Scotland, will
+continue to exist and function after the creation of the
+<b>SCIO</b> and the <b>RSFS</b>.  These five will constitute the <b>Constituent Meetings</b> of the
+<b>RSFS</b>.  Initially membership of the <b>RSFS</b> will be defined as
+membership of any of the Constituent Area Meetings.</p><p>The GD should specify that transfer from the Constituent Meetings of</p><ul class=" "><li>their assets, properties and trusteeship to the <b>SCIO</b></li><li>their spiritual and pastoral activities and responsibilities to the
+<b>RSFS</b></li></ul><p>will be at their discretion as to both timing and substance.  Membership
+matters should not be transferred to the <b>RSFS</b> until such time as
+QF&amp;P recognises the <b>RSFS</b> as a body that can carry out the relevant
+procedures per QF&amp;P chapter 11.</p><p>We feel strongly that many of our spiritual and pastoral activities
+are best served in smaller constituencies that the <b>RSFS</b>.  We
+understand that some Area Meetings need to unburden themselves quickly
+of some of their responsibilities, but we hope that they will wish to
+retain some of them, particularly membership, pastoral care and
+eldership.</p><p>Accordingly, the GD should make clear that for those things
+<i>not</i> transfered to the <b>SCIO</b> and/or the <b>RSFS</b>, Constituent
+Meetings will remain as parts of the Religious Society of Friends
+(Britain), governed by the relevant parts of QF&amp;P.</p></div><div><h4>4.3.  Governance of the <b>RSFS</b></h4><p>The GD should specify how the <b>RSFS</b> operates as a Quaker
+Meeting.  There should be an annual Meeting for Worship for Church Affairs open
+to all members.  At least in the short term the Clerks of the Constituent
+Meetings should serve as the clerking team for this, with one of their number
+actually serving as the Clerk on the day.  Other Meetings could be held when
+required.  At least three representatives of each Constituent Meeting must be
+present for any Meeting of the <b>RSFS</b> to be able to conduct
+business.</p><p>The above is intended to allow for a structure for the governance of the
+<b>RSFS</b> very like the way in which Yearly Meeting and
+Meeting for Sufferings together provide governance for Britain Yearly Meeting
+(the church).</p><p>The amendment of the GD and the appointment of trustees, of a Treasurer who is <i>ex officio</i>
+a trustee and of a Nominations Committee should all be
+identified in the GD as matters reserved to the <b>RSFS</b> in session.
+There should be at least one trustee from each Constituent Area Meeting.</p></div></div><div><h2>5.  Some extensive background, which has informed my thinking.</h2><p>Thanks to Jackie Noltingk, Erica Thomas and Lesley Richards for
+helpful answers to my questions, and to Kathryn Gulliver and Piers Voysey for sending
+me copies of their AM's governing documents.</p><div><h4>5.1.  Mostly about QiS</h4><p>The General Meeting for Scotland (GM) mailing list were told
+(2023-11-17), in regard to</p><p>  "(1) The possibility of merging our existing 6 charities into a
+single body, Quakers in Scotland.</p><p>  "(2) How we might organise all our concerns and worship more
+effectively as a single charity."</p><p>that</p><p>  "The first step for (1) is to agree a governing document to replace
+the six comparable documents that apply to our existing charities."</p><p>and</p><p>  "Friends will hear more requests soon to join in important
+discussions relating to (2)."</p><p>I've searched my inbox without success for any request to "join in
+important discussions relating to (2)" until, possibly, the invitation
+from <b>QiS</b>-CG (2024-03-11) to two "information and discussion sessions
+on progress with work towards having a single body and charity for
+Quakers in Scotland".</p><p>However the cover letter from <b>QiS</b> (2024-01-06) sent to SESAM Trustees
+says</p><p>  "The Options for Scotland group [proposes] that we form a single
+charity and that we form a single body. The idea of a single body
+clearly needs more work to discern what this might look like. It
+will take time. That idea is not part of what we are asking you
+about here."</p><p>In fact the document laid before us in the special Area Meeting on
+15 January (Draft of 2023 12 29c.docx) had a lot to say about the
+body.  Or did it?  As I read it at the time it didn't clearly
+distinguish between the charity and the body, using the phrase
+"Quakers in Scotland" in what I found to be confusing ways.</p><p>A new draft (Draft of 2024 03 21.docx) has just been made available,
+with only modest changes from the earlier draft.  I'll take it as
+definitive with respect to what we will have before us on 6 April.
+It hasn't changed much, if anything, of what I've found that makes me
+uneasy about agreeing to adopt it.</p></div><div><h4>5.2.  Existing models of church and charity structures</h4><div><h4>5.2.1.  Britain Yearly Meeting</h4><p>The charity is Religious Society of Friends (Quakers) in Britain, and Britain
+Yearly Meeting of the Religious Society of Friends (Quakers),
+Charity number: 1127633</p><p>The governing document for this
+(<a href="https://www.quaker.org.uk/documents/bym-governing-document-revised-min34-bym2014">https://www.quaker.org.uk/documents/bym-governing-document-revised-min34-bym2014</a>)
+begins with the following definitions:</p><ol class=" alpha"><li>The Religious Society of Friends (Quakers) in Britain refers to
+the church in England, Scotland, Wales, the Channel Islands and
+the Isle of Man, including all its local meetings for worship and
+its constituent meetings for church affairs as well as all their
+work [referred to below as <b>the Society</b>].</li><li>Britain Yearly Meeting of the Religious Society of Friends
+(Quakers) [<b>Britain Yearly Meeting</b>] refers to the centrally held
+and managed policy, property, employment and work of the charity
+constituted by this document.</li><li>Yearly Meeting in session [<b>Yearly Meeting</b>] refers to the annual
+assembly that is open to all members of the Society.</li><li>Area Meetings are the main local meetings for church affairs and
+these are the level of the Society at which individual membership
+is held. Each Area Meeting is a separate charitable entity and
+may be registered as such with the Charity Commission.</li><li><i>Quaker faith &amp; practice</i> is the current edition of the Book of
+Christian discipline of the Religious Society of Friends
+(Quakers) in Britain</li><li>Meeting for Sufferings is the standing representative body of the Society.</li><li>The term Friend refers to a member of the Society.</li></ol><p>Note that there are two clearly distinguished entities, "the church"
+and "the charity".  The charity is governed by the above referenced
+governing document, the church by the Red Book.</p><p>Subsequent articles make clear that the Society, embodied in Yearly
+Meeting in session and Meeting for Sufferings, is responsible for
+amending the governing document, appointing Britain Yearly Meeting
+trustees, among them the BYM Treasurer, approving their terms of reference and appointing their
+clerks.</p></div><div><h4>5.2.2.  East of Scotland</h4><p>The governing document for the "Religious Society of Friends
+(Quakers) [in Britain] East Scotland Area Meeting (abbreviated as
+East Scotland Area Meeting)" is based on a template provided by
+Quaker Life
+(<a href="https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final">https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final</a>), which is distinct for the one for CIOs.
+The template does not make any overt distinction between the church
+and the charity.  However the phrases "(East
+Scotland) Area Meeting in session" clearly refer to the church, and
+in "3. Object The object of East Scotland Area Meeting" it is
+evidently the charity.</p><p>This sentence, taken unchanged from the template, is of note: "If
+at a meeting of East Scotland Area Meeting the members decide that
+it is necessary or advisable to dissolve the Area Meeting or to
+amalgamate with another Area Meeting <i>and this is agreed by Meeting
+for Sufferings</i>, the trustees shall have the power to realise any
+assets held by or on behalf of the Area Meeting. Any assets
+remaining after the satisfaction of any proper debts and
+liabilities shall, <i>with the agreement of Meeting for Sufferings</i>, be
+given or transferred to another Area Meeting, to Britain Yearly
+Meeting, or to some other charitable institution or institutions
+having objects similar to that of the area meeting and failing that
+for such other charitable purpose as Britain Yearly Meeting shall
+direct."  [Emphasis added]</p></div><div><h4>5.2.3.  South East Scotland</h4><p>The governing document for the "Religious Society of Friends
+(Quakers) in Britain: South East Scotland Area Meeting [referred to
+below as South East Scotland Area Meeting or the area meeting and
+formerly known as South East Scotland Monthly Meeting]" likewise is
+based on the Quaker Life template, sharing its lack of clarity on church
+versus charity, to my embarrassment.  "Subject to the matters set out
+below the resources of the area meeting shall be administered in
+accordance with this governing document by the trustees..." is
+clearly talking about the charity, whereas "Amendments to this
+governing document shall be agreed by South East Scotland Area
+Meeting in session and recorded by minute of the area meeting."
+it's the church.  The dissolution clause is again taken from the
+template, with the addition of GM for Scotland to the allowed
+dispositions.</p></div><div><h4>5.2.4.  Dundee Friends Property Trust</h4><p>This was governed by a 130-odd-year-old deed
+of trust, superseded in 2009 by a governing document, which I
+can't find online.  From the 2020 Annual Report:</p><p>"New trustees are appointed by the remaining trustees, who are
+bound to select individuals in sympathy with the conditions of
+the original Trust Deed and who shall, if possible, be
+representative of Dundee Local Meeting. The majority of Trustees
+shall be drawn from Dundee Local Meeting."</p></div><div><h4>5.2.5.  North of Scotland</h4><p>Their governing document is also based on the Quaker Life template.
+Stewardship of North of Scotland Quaker Trust is identified as a
+responsibility of NSAM Trustees in their Terms of Reference.</p></div><div><h4>5.2.6.  General Meeting for Scotland</h4><blockquote xmlns="" xmlns:x="http://www.w3.org/1999/xhtml">
+<p xmlns="http://www.w3.org/1999/xhtml">"There are five Trustees of General Meeting for Scotland who have responsibility to the Office of the Scottish Charity Registrar (OSCR) for the right ordering of General Meeting.</p>
+<p xmlns="http://www.w3.org/1999/xhtml">"General Meeting itself meets quarterly for business</p>
+<p xmlns="http://www.w3.org/1999/xhtml">"General Meeting acts on behalf of Britain Yearly Meeting in such procedures as may be required by the Scottish Parliament and Scottish legal affairs."</p>
+<p xmlns="http://www.w3.org/1999/xhtml">[From <a href="https://www.quakerscotland.org/general-meeting">https://www.quakerscotland.org/general-meeting</a>]</p>
+</blockquote><p>GM's governing document is here: <a href="https://www.quakerscotland.org/sites/quakerscotland.org/files/documents/Governing%20Document%20amended%202021.pdf">https://www.quakerscotland.org/sites/quakerscotland.org/files/documents/Governing%20Document%20amended%202021.pdf</a>.  It appears to be based on the Quaker Life template for Area Meetings.</p><p>Section <b>12. Constituent Meetings</b> says "i) General Meeting for Scotland consists of all the local Meetings in Scotland."</p><p>QF&amp;P (13.54) gives area meetings responsibility for appointing prison
+chaplains and "General Meeting for Scotland is responsible for
+providing [their names] to the governors of all prison establishments
+in the area meeting area".</p><p>A similar story, without the involvement of GM, obtains for
+registering officers.  "Each area meeting shall appoint a suitable
+Friend as registering officer ... the area meeting ... shall report
+[the appointment] to the Recording Clerk without delay, by minute
+signed by the clerk ... The Recording Clerk is required to certify all
+such appointments ... in Scotland, to the Registrar General for
+Scotland"; "The registering officer, acting on behalf of the area
+meeting, ..." (QF&amp;P 16.22,23)</p></div></div><div><h4>5.3.  The new structure for Wales and the Southern Marches</h4><p>The "Religious Society of Friends (Quakers) in Wales and the Marches
+- Cymdeithas Grefyddol y Cyfeillion (Crynwyr) yng Nghymru a&#x2019;r
+Gororau" [know as Cynar] is a Charitable Incorporated Organisation
+(CIO, comparable to an <b>SCIO</b>).  Its constitution (linked from
+<a href="https://www.symudymlaen2.org/">https://www.symudymlaen2.org/</a>) says that the members of the CIO are
+"all members of the Constituent Area Meetings".  The constitution
+describes "General meetings of the members of the CIO", and
+mandates at least an Annual General Meeting.  The Clerks of the
+Constituent Bodies (the AMs and CCQW) constitute the "clerking
+team" who set the agenda for GMs and provide a Clerk for each of
+them from among their number.  At least two members from each
+Constituent Body must be present for a GM to be quorate.  The
+Convenors of the NomComms of the Constituent bodies constitute a
+NomComm for the CIO, and prepare nominations for the trustees and
+the Treasurer.  There must be at least one trustee from each
+Constituent Body.</p><p>   I'm told that "AM trustees will cease to exist, Cymar trustees will
+fulfil the role of AM trustees, but for all 4 AMs and CCQW, so once
+the assets have been handed over, bank accounts closed down and
+final report and accounts prepared, then they can be released by
+their respective AMs and leave the rest to [Cymar] to deal with."</p><p>   It's not clear to me how this accords with QF&amp;P 4.02
+(<a href="https://qfp.quaker.org.uk/passage/4-02/">https://qfp.quaker.org.uk/passage/4-02/</a>) which says "Each area
+meeting is a separate charitable entity and it may be required to
+be registered as such with the relevant charity regulator. Area
+meetings which are registered or preparing for registration will
+operate under a formal governing document, which amongst other
+matters should set out the arrangements for trusteeship."
+</p></div></div></div></body></html>

Mercurial > hg > rsof

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