CONSTITUTION AND BY-LAWS
The members of Beth Haverim
adopt for their government the following Constitution and By-Laws:
The
Congregation shall be known as Beth Haverim.
Section 1. Any person of the Jewish faith who has attained the age of
eighteen (18) years, or any married couple of which at least one member is of
the Jewish faith, shall be eligible for membership in the Congregation.
Section 2. Applicants for membership shall make such application to the Board
of Trustees. They must agree to abide
by the Constitution and By-Laws of the Congregation and all the rules and
regulations including the payment of such annual dues and assessments as may be
established by the Board of Trustees.
Section 3.
a)
Each
member in good standing shall have the right to vote at all elections and
meetings of the Congregation. The unit
of membership shall be the individual, in the case of unmarried persons; or, in
the case of married persons, the family (i.e. husband, wife and their unmarried
children who are not self-supporting).
A family may split the vote into individual half votes at any election
or meeting of the Congregation.
b)
Each
member shall also have the right to attend religious services and to have
children instructed in the Religious School of the Congregation, and to share
in any other religious observances.
Section 4. The Board of Trustees may from time to time establish such other
categories of membership with such provisions as it shall deem advisable. The categories of membership are the family,
a single senior or married seniors (aged 65), a single adult, and an individual
or couple under 30 years of age.
Section 5. Any member who desires to sever his affiliation with the
Congregation must tender his resignation in writing to the Board of
Trustees. The resignation of any member
shall not relieve him/her from the payment of any obligation due the
Congregation at the time of resignation.
Section 1. The Board of Trustees shall establish the amount of the annual
dues for the various classifications and categories of membership. It may also establish and maintain a schedule
for the use of such buildings as the Congregation may own or have the right to
utilize and all other charges.
Section 2. A member shall be considered to be in good standing (or "current"),
when all dues and other obligations for the current fiscal year and any
prior years have been paid in full, or arrangements for payment
have been approved by the
Treasurer. Any member not in good standing by the day
upon which Religious School begins for the year, may, by a vote of the
Board of Trustees be suspended from membership. Upon suspension, all rights and privileges in the Congregation
cease. Such suspension, however, shall
not relieve such member from the payment of any obligations due the
congregation.
Section 3. The Board of Trustees may reinstate a suspended member on payment
of all arrears and/or compliance with any other terms the Board may
stipulate. The Board of Trustees may,
in its discretion, waive, extend or modify any financial obligation due from a
member.
Section 4. The books and records of the Congregation shall be maintained on a
fiscal year basis beginning July 1 and ending on the June 30 next ensuing.
Section 1. The Annual Meeting of the Congregation shall take place in each
year on such date prior to the close of the fiscal year and at such place as
the Board of Trustees may determine.
Every member of the Congregation shall be notified by mail of the time,
place and purpose of the Annual Meeting at least fifteen (15) days prior to the
holding of such Annual Meeting or of any adjourned Annual Meeting. The order of business at the Annual Meeting
shall be:
Call to order
Invocation
Certification of the mailing of the notices of the
meeting
Reading of minutes of previous meetings of the
Congregation
Communications
Rabbi's Report
(on the non-financial state of
the Congregation and other relevant topics upon which Rabbi wishes to
comment)
Reports of Officers
Reports of Committees
Election of Officers and Trustees of the
Congregation, Rabbis and Cantors, if any
Unfinished business
New business
Adjournment
Section 2. Special meetings of the Congregation may be called as provided in
Article IV, Section 3 below. Any business listed in Article IV - Sec. 1 may be the subject of a Special Meeting. The order of business of any special meeting
shall be:
Call to order
Invocation
Reading of notice of meeting and certification of
the mailing of the notice
Action on matter(s) stated in notice
Adjournment
Section 3. Special meetings of the Congregation may be called by the
President or shall be called at the request of the majority of the Board of
Trustees or on written application of 10 percent (10%) of the membership. The call for a special meeting shall set
forth the time, place and purpose of the meeting and written notice thereof
shall be mailed to such members at least five (5) days prior to the time of
such meeting. No business shall be
transacted at such meeting except that specified in the call.
Section 4. At all meetings of the membership, any member shall
be entitled to vote in person or by proxy.
The designated proxy shall be limited to a person holding membership in
the Congregation. Such proxy must be in
writing and filed with the Secretary before the meeting.
Section 5. Ten percent (10%) of the members of the Congregation present, in
person or by proxy, shall constitute a quorum at meetings of the Congregation.
Section 6. Every member, as provided in Article II, Section
3(a) shall be entitled to one vote, or in the case of a family, two half
votes. At all elections of Officers and
Trustees, a plurality of the votes cast shall elect. Whenever any other action is to be taken by vote of the
membership, it shall, except as otherwise provided herein, or by law, be
authorized by a majority of the votes cast at a meeting of the members entitled
to vote thereon.
Section 1. (Effective for General Meeting 2000) The officers of the
Congregation shall consist of a President, First, Second and Third Vice
Presidents, a Secretary, a Treasurer and an Assistant Treasurer , each of whom
shall be a member in good standing of the Congregation and shall be elected at
the Annual meeting of the Congregation to serve for a term of two
years and until a successor
shall have been elected and shall have qualified. No officer so elected shall be eligible to
serve in the same office for more than one
(1) consecutive term. However,
this provision shall not apply to those officers holding office immediately
prior to and up to the effective date
of this amendment.
Section 2. The duties of the President shall be to act as Chairperson at all
Congregational and Board Meetings, to appoint committee Chairs and to serve as
ex-officio member on all committees.
The President shall call special meetings and sign all legal
documents. (S)He shall be responsible
for the management of the Temple office and assign responsibilities to the Vice
Presidents, as well as perform such other duties as are incident to the office.
Section 3. The First Vice President shall act for the President
in case of a vacancy in the office of the President or in the absence or
disability of the President. Each Vice
President shall perform such duties as may be assigned by the President. The Second Vice President, in the absence of
the First Vice President, shall assume the duties and responsibilities
incumbent upon that office. The Third
Vice President, in the absence of the Second Vice President, shall assume the
duties and responsibilities incumbent upon the office.
Section 4. The Treasurer shall be the custodian of all funds of the
Congregation and shall be the disbursing agent of the congregation as
authorized by the Board of Trustees.
(S)He shall report monthly to the Board of Trustees. (S)He shall present a financial report to
the Congregation at all regular meetings.
Section 5. (Effective for General Meeting 2000 combine offices of
Recording and Corresponding
Secretaries) It shall be the duty of
the Secretary to keep the minutes of the Congregation and of the Board
of Trustees, to keep a register of all of the members of the Congregation, to
send out notices of all meetings and to perform such other duties as are
incident to the office. It shall also
be the duty of the Secretary to conduct the correspondence of the Congregation
and to perform such other duties as are incident to the office.
Section 6. Add the office of Assistant Treasurer, who shall assist the
Treasurer as required and assume the duties of the Treasurer if the Treasurer
is unable to carry out those duties.
Section 7. Before assuming office, all officers shall be covered by a blanket
position fidelity bond, the cost of which shall be borne by the Congregation.
Section 8. All disbursement of Congregational funds shall
require the signatures of two officers as designated by the Board of Trustees,
one of whom shall preferably be the Treasurer.
There shall be an annual audit of the Congregation’s financial records
by a person or persons selected by the Board of Trustees.
Section 1.
a)
The
Board of Trustees shall consist of Officers and six (6) Trustees (each of whom
shall serve two (2) year terms), chosen from the Congregation. In addition, the immediate Past President of the Congregation and a representative of the Sisterhood and Men's Club (such representatives to be designated by each of the respective organizations) shall serve on the Board of Trustees with the right to vote. All other Past Presidents shall be
non-voting members of the Board of Trustees as long as they are members in good
standing of the Congregation. The Past
Presidents shall have the right to attend all open and closed sessions of the
Board. A member of the Youth Group
(elected by such group) shall also serve on the Board as an ex-officio member
without a vote. The chairpersons of the
Education, Ritual, Membership and Ways & Means Committees shall each have
one vote on the Board of Trustees. Such
voting chairpersons shall be eligible to remain in office for more than one (1)
consecutive term. The Officers and
Trustees of the incoming Board shall confirm these positions.
Section 2. Election of new officers will be held at the General Membership
meeting. The new officers will assume
responsibility on or about June 1.
Section 3. The President shall appoint, with the approval of
the Board of Trustees, members to fill vacancies which may occur in any office,
either of an Officer or a Trustee, or the immediate Past President of the
Congregation, as soon as possible. In the event of a vacancy occurring of the representative of the Sisterhood and Men's Club, that organization shall
submit to the President the name of a person to fill such a vacancy, and the
President shall appoint such designated person, subject to the approval of the Board of Trustees. In the event of a vacancy in the position of immediate Past President,
prior Past Presidents shall be offered the position, beginning with the most
recent Past President. All persons so
appointed or otherwise designated, shall serve for the unexpired term of the
person he/she has replaced. However, in
the case of a vacancy created in the seat held by the immediate Past President
or by representatives of the Sisterhood and Men’s Club, the person elected to
fill such vacancy shall serve only until an immediate Past President or
representative of the Sisterhood or Men’s Club becomes eligible to serve on the
Board. However, any person filling a vacancy shall be eligible for election as
an Officer or Trustee by the Congregation at an annual meeting upon completion
of the unexpired term to which he or she has been appointed, and the unexpired
term shall not count in determining the one term limit as set forth in Art.V
Section 1. Each voting member of the
Board may only have one vote, and in the event a voting Board member holds an
additional voting position, that member must cede to another designated
representative to be chosen by the group or committee, within thirty (30) days
of taking office.
Section 4. The Rabbi may attend all meetings of the Board of Trustees in an
advisory capacity.
Section 5. The office of any Trustee who is absent without adequate excuse
from three (3) successive regular meetings of the Board of Trustees may be
declared vacant by the Board of Trustees.
Section 6. All elected Officers and Trustees, except the President,
will be expected to serve on at least one Standing Committee as set forth
in Article X. All voting members of the board shall be obligated to serve as
presenter at B’nai Mitzvahs during each year of their term of office, as
required, to fill the needs for such presenters.
Section 1. The Board of Trustees shall be vested with the management and
control of the property and affairs of the Congregation, except such powers as
are by this Constitution and By-Laws conferred on or reserved to the members of
the Congregation. The Board of Trustees
shall have full powers to transact the business of the Congregation and to do
and perform all acts necessary to be done to carry out the objects and purposes
of the Congregation. It may enact such
rules and regulations as it may deem expedient for the transaction of the
business of the congregation and for its general welfare.
Section 2. The Board of Trustees shall elect new members of the Congregation
in accordance with the provisions of the Constitution and By-Laws; establish
the dues structure for the various classifications and categories of
membership; have the power to levy such assessments as are appropriate;
designate the persons who are authorized to sign checks and other documents for
and on behalf of the Congregation and its Cemetery; designate and assign duties
and authorities to all administrative and professional personnel (including
administrators, cantors and educators); and have the right to elect persons to
Honorary Membership to the Board of Trustees without the right to vote, but to
serve in an advisory capacity.
Section 3. A majority of the voting Officers and Trustees shall constitute a
quorum for the transaction of business at any meeting of the Board of
Trustees. Except as otherwise may be
provided herein, the vote of a majority of the voting Trustees present at the
time of the vote, if a quorum is present, shall constitute action by the Board
of Trustees.
Section 1. The Rabbi and any Associate Rabbi shall be selected by a special
Pulpit Committee appointed by the President of the Congregation with the
approval of the Board of Trustees. The
committee shall recommend to the Board of Trustees a Rabbi, Associate Rabbi or
Assistant Rabbi to be elected. Upon
approval of the Board of Trustees, this recommendation shall be presented to
the Congregation at a regular or special meeting. A two-thirds (2/3) vote of the members present shall be required
for the initial election of a Rabbi , Associate Rabbi or Assistant Rabbi.
Section 2. Upon the completion of the term of the Rabbi's or any Associate Rabbi's initial period of service, the Board shall make a recommendation as to her/his reelection. This recommendation
shall be submitted to a regular or special meeting of the Congregation. A majority vote of those members present
shall be required to act upon the recommendation of the Board.
Section 3. The Board of Trustees may, in its discretion, designate a retired
Rabbi or Cantor as Rabbi Emeritus or Cantor Emeritus.
Section 1. The Rabbi shall be the chief spiritual leader of the Congregation,
and (s)he shall perform such duties and take such action as is usual to persons
holding that position or may be delegated to her/him by the Board of
Trustees. The Rabbi shall determine the
nature and mode of worship within the guidelines set forth by the Union of
American Hebrew Congregations. In determining the nature and mode of worship
the Rabbi shall consult with, seek input from, and attempt to reach consensus
with the Ritual Committee.
Section 2. The Associate Rabbi shall perform such duties as may be delegated
to her/him by the Rabbi or the Board of Trustees, or both; and, in the absence
of the Rabbi, shall act in place of the Rabbi.
Section 3. It shall be the duty of the Cantor to supervise the musical
portions of the Services, subject to the approval of the Rabbi and the Ritual
Committee. He/She shall perform such
other duties as may be delegated to him/her by the Board of Trustees, and take
such action as is usual to that position.
In the absence of the Rabbi he/she may be called upon to perform those
duties of the Rabbi that pertain to worship, ritual matters, or life cycle
events.
Section 1. Standing Committees: As soon as possible after each Annual
Meeting of the Congregation, the President shall appoint the following standing
committees. The President shall designate
the Chairman of each. The term of all committee Chairpersons shall run
concurrently with that of the President who appoints the Chairperson.
a)
The
Budget and Finance Committee, which shall consist of the President, Treasurer,
Assistant Treasurer (if one exists) and the three (3) Vice Presidents. The Treasurer shall serve as Chairman. The committee shall meet periodically and
whenever requested to do so by the Treasurer, the President, or the Board of
Trustees; be generally responsible for the fiscal affairs of the Congregation
and make such recommendations concerning the investments or financial
transactions as it deems in the best interests of the Congregation; prepare and
submit a budget for the ensuing year; recommend ways and means to liquidate the
obligations of the Congregation, and consider and advise the Board of Trustees
on any financial matters which have been referred to it.
b)
The Ritual Committee, which shall consider
the rituals and observances desired by the Congregation and promote the
adherence thereto.
c)
The
Housing Committee, which should keep the property and buildings of the
Congregation in good order and repair.
d)
The
Membership Committee, which shall promote such activities as shall be
beneficial to the membership of the Congregation.
e)
The
Legal Committee, which shall handle all matters entrusted to it by the
Congregation.
f)
The
Education Committee (Religious School Committee), which shall direct and
administer the Religious School, subject to the overall authority of the Board
of Trustees, and, in consultation with the Rabbi, have the responsibility of
recommending the employment of all personnel, subject to the approval of the
Temple Board of Trustees, and of evaluating the work of such personnel.
g)
The
Financial Hardship Committee, which shall have the authority to establish
financial arrangements with the members or families applying for membership who
seek financial relief from membership dues.
h)
The
Ways and Means Committee, which shall develop and execute methods of raising
funds.
i)
The
Social Action Committee, which shall initiate programs which express the social
ideals of Reform Judaism or are relevant to the State of Israel.
j)
The
Youth Committee, which shall be responsible for encouraging, developing,
implementing and coordinating the programming for Youth Group.
Notice of the slate proposed by the Nominating
Committee shall be mailed to the members of the Congregation at least fifteen
(15) days prior to the Annual Meeting.
Any ten percent (10%) of the members of the Congregation in good
standing shall have the right by written petition to make additional
nominations provided the said petition is delivered to the President of the
congregation at least seven (7) days prior to the Annual Meeting and is signed
by each of the petitioning members.
Notices of nominations by petition must be mailed to all members of the
Congregation at least three (3) days before the election.
k) The Nominating Committee, which shall be appointed by the President (with the consent of the Board of Trustees) not less than sixty (60) days prior to each Annual Meeting; to consist of five (5) members, three (3) of whom shall be Officers or Trustees of the Congregation and two (2) of whom shall be members of the Congregation at large. The duty of the Nominating Committee shall be to nominate at least thirty (30) days prior to the Annual Meeting, a slate consisting of one (1) nominee for each office and seat on the Board of Trustees to be filled at the ensuing Annual Meeting. The selections of the Nominating Committee shall be reported to the Board of Trustees, provided that the consent of all the nominees shall first be obtained prior to the submission of the report.
Section 2. As soon as possible after
each Annual Meeting of the Congregation, the President may, at his/her discretion,
appoint additional standing committees as follows:
a)
The
Publicity and Public Relations Committee, which shall promote the best
interests of the Congregation by proper publicity in the press.
b)
The Temple Topics Committee, which shall
supervise the publication of the Temple Periodical.
c)
The
Long-Range Planning Committee, which shall analyze and study long range Temple
needs.
Section 3. Except as provided above, the
President shall determine the size of any standing committee.
Section 4. Special Committees - the President may appoint such other committees for special purposes as may from time to time be deemed necessary.
Section 5. Unless otherwise ordered, the
reports and recommendations of all committees are to be submitted to the Board
of Trustees for approval. No
expenditure of funds may be authorized by any committee without prior approval
of the Board of Trustees.
Section 1. The Board of Trustees may, at any of its meetings, authorize the
proper Officers of the Congregation to borrow any specified sum of money (not
to exceed twenty-five percent [25%] of the income of the preceding fiscal year)
to meet the current expense of the Congregation, and to execute such evidence of
indebtedness as may be required.
Section 2. The Members of the Congregation may, at any Annual Meeting or
Special Meeting called for that purpose, authorize the Board of Trustees and/or
the Officers of the Congregation to borrow any specified sum of money for any
purpose within the scope of the objects of the Congregation and to execute such
evidence of indebtedness as may be required.
Section 3. The Members of the Congregation may, at any Annual Meeting or
Special Meeting called for such purpose, authorize the sale of any interests in
real estate of the Congregation, and may authorize the acquisition of any new
or additional interest in real estate by the Congregation. Notwithstanding anything contained herein to
the contrary, any such authorization by the members shall be by majority of the
votes cast at the meeting, but in no event shall the number of affirmative
votes be less than twenty-five percent (25%) of the members of the
Congregation, as reflected on the register kept by the Secretary.
Section 1. Auxiliary Organizations of the Congregation may only be formed
with the approval of the Board of Trustees.
Section 2. The policies and programs of any Auxiliary Organization shall be
consistent with the policies determined by the Board of Trustees and shall be
subject to its supervision and control.
Section 3. After the close of each fiscal year of the Congregation, each
Auxiliary Organization shall submit to the Board of Trustees for its
information a financial statement of its operation for the past year.
Section 1. Whenever in this Constitution and By-Laws, words or
phrases are used denoting the masculine gender, they shall be deemed to include
also the feminine gender, unless the context thereof clearly indicates
otherwise.
Section 2. Whenever in this Constitution and By-Laws provision is made for
notice to be given to any member, Officer or Trustee of the Congregation, it
shall not be construed to require personal notice. Such notice may be given by ordinary mail to such designee at his
address as it last appears on the records of the Congregation. Deposit of such notice by first-class mail in
the ordinary course shall constitute the effective giving of notice.
Amendments
to the Constitution and By-Laws shall be presented in writing and shall be
initiated by the Board of Trustees or by at least 10 percent (10%) of the
members of the Congregation, and shall be filed with the Secretary. Such amendments may be acted on at any
regular meeting of the Congregation or at any special meeting called for that
purpose. Copies of the proposed
amendments, if desired, with the arguments for and against them, shall be mailed
to each member along with the notice of the meeting at least fifteen (15) days
prior thereto. An affirmative vote of
two-thirds (2/3) of the members present and voting shall be necessary to adopt
any amendment.
Robert’s
Rules of Order, latest revised edition, shall determine the rules of procedure
at meetings.
No part of the net earnings of this organization shall inure to the benefit of, or be distributed to its members, trustees, officers or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Upon
the dissolution of the organization, assets shall be distributed for one or
more exempt purposes within the meaning of section 501(c)(3) of the Internal
Revenue Code, or corresponding section of any future federal tax code, or shall
be distributed to the federal government, or to a state or local government,
for a public purpose. Any such assets
not disposed of shall be disposed of by the Court of Common Pleas of the county
in which the principal offices of the organization 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.
rev. 5/99