JUDICIAL COUNCIL Decision No. 3/2005

1. Issue
Whether Para. 1102 and Para. 1105 disqualify Mr. Samuel Gunalan Peter, who is a member of the Board of Finance and an alternate member of the TAC Executive Board from being employed in a salaried position of an Office Manager in TAC Head Office?

2. Coram
Mr. Hii Ching Chiong (President) Rev. Dr. Ezra Kok
Rev. Ting Moy Hong (Vice President) Mrs. M.S. Daphne Sebastian
Mr. Desmond Wee Tian Peng (Secretary) Rev. Yau Kah Fatt
Rev. Steward Damat Mr. Tan Foong Luen

In the presence of
Mr.Anthony Row and Mr. V. Tharumaraj, both as Counsel for the Petitioner.

In the absence of
Mr. Samuel Gunalan Peter, the affected party.

3. Jurisdiction
The Judicial Council has jurisdiction under paragraph 714 of the Methodist Discipline, 2004 (hereinafter referred to as the "Discipline").

4. Statement of Facts
A) The Petitioner is President of the Tamil Annual Conference of the Methodist Church in Malaysia.

B) The Petitioner is desirous of seeking the declaration stated in Para. 6 hereunder in pursuance of Para 1105 and Para 1102 of the Methodist Discipline.

C) (1) The Methodist Discipline 1996 Para 1105 provides as follows:
"No person in any agency who receives compensation for services rendered or commission of any kind shall be eligible for voting membership on that agency."

(2) The Methodist Discipline 1996 Para 1102 provides as follows:
"The general agencies of The Methodist Church are the regularly established councils, boards, commissions and committees which have been constituted by the General Conference. Not included are intra-agency committees, such as councils, boards, commissions and committees as are created by the General Conference to fulfill special functions for the ensuing quadrennium, ecumenical groups on which The Methodist Church is represented or committees related to the quadrennial session of the General Conference."
D) (1) The Tamil Annual Conference (TAC) during its 29th Session held from 17-20 November 2004 elected one Mr. Samuel Gunalan Peter as a member of its Board of Finance for the ensuing quadrennium 2005-2008.

(2) The TAC Board of Finance in its first meeting held on January 28, 2005 elected Mr. Samuel Gunalan Peter to the following positions:
i. Secretary, TAC Board of Finance
ii. Alternate member for the Board of Finance Chairman to the TAC Executive Board

(3) On August 26th 2005, Mr. Samuel Gunalan Peter applied for and was subsequently appointed to the position of "Office Manager" in the TAC Head Office in Wisma TAC Kuala Lumpur. He took office with effect from October 01, 2005. This is a salaried position.

E) Queries were raised in the TAC Board of Finance and Executive Board meetings held in October 13 and October 14, 2005 respectively as to whether this appointment did contravene the provisions of Para 1105 and Para 1102 of the Methodist Discipline. Both Boards were divided in their opinions and interpretations of these provisions in the Discipline. The Executive Board then decided to refer the matter to the Judicial Council for a declaratory decision.

F) The Petitioner therefore seeks the following declaratory decisions:
(1) That Para 1105 and 1102 of the Methodist Discipline, in their true meaning, do not disqualify a member of the Board of Finance from being employed in a salaried position in that Annual Conference's Head Office.

(2) That Para 1105 and 1102 of the Methodist Discipline, in their true meaning, do not disqualify a member of the Board of Finance and who is also the alternate member of the Annual Conference Executive Board from being employed in a salaried position in that Annual Conference's Head Office.

5. Analysis
The question before us is Whether Para. 1102 and Para 1105 disqualify Mr. Samuel Gunalan Peter, who is a member of the Board of Finance and an alternate member of the TAC Executive Board, from being employed in a salaried position of an Office Manager in TAC Head Office.

Taking into consideration of the Petitioner's submissions, the Council is of the opinion that Para 1105 and 1102 do not disqualify Mr. Samuel Gunalan Peter, who is a member of the Board of Finance and an alternate member of the Annual Conference Executive Board from being employed as Office Manager in the Tamil Annual Conference Head Office.

The reasons are that the person in any agency who receives compensation for services rendered or commission is more likely to be under the category of person who is an independent contractor engaging in a contract for service type of work. They may include professionals like architects, insurance agents, lawyers and etc. Hence, the person concerned cannot in any way be a person under a contract of service or an employee receiving a fixed salary of income.

Further, the Petitioner has also raised the issue on conflict of interest. However, we are of the opinion that it has no relevance to the question here. In passing, however, we suggested that the issue on conflict of interest should be dealt with by the agency itself and the procedure of disclosing any conflicting interest and abstaining from decision making in the agency should be applied by the agency in accordance to its normal course of business.

6. Decision
The Judicial Council unanimously made the decision that Para 1105 and 1102 of the Methodist Discipline, in their true meaning, do not disqualify a member of the Board of Finance and who is also the alternate member of the Annual Conference Executive Board from being employed in a salaried position in the Annual Conference's Head Office.

Dated 5th day of November, 2005
Hii Ching Chiong Rev. Ting Moy Hong Desmond Wee Tian Peng
Rev. Steward Damat Rev. Dr. Ezra Kok M.S. Daphne Sebastian
Rev. Yau Kah Fatt Tan Foong Luen