I am a firm believer in open government. Unless there is an issue of national security (which we do not have here), or a privacy/sensitive issue, people should have access to their government. In furtherance of that, I believe everyone should have a copy of the Bylaws as approved by FHC in June 2005. Certainly, there is no privacy/sensitive issue in this publication by blog of the bylaws. As a member you should be afforded a copy without cost. So, here it is, with no copying costs, mailing costs, etc. to FHC or to anyone else.
Shalom. Jeremy
_________________________________________________
SECOND AMENDED AND RESTATED
BY-LAWS AND CONSTITUTION
OF THE
FIRST HEBREW CONGREGATION
OF PEEKSKILL, NEW YORK
ARTICLE I
NAME
The name of this Congregation shall be "FIRST HEBREW CONGREGATION OF PEEKSKILL, NEW YORK."
ARTICLE II
OBJECTIVES
Section I.
The purpose of this Congregation shall be to establish and maintain a Synagogue and such additional religious, social, educational and recreational activities as will help strengthen Conservative Judaism, to maintain a positive influence and contribute to the general welfare of the community and to strengthen community relations with civic and other religious groups.
Section II.
Conservative services and practice shall be instituted upon the adoption of these By-Laws. In that regard, the Congregation intends to maintain its membership with United Synagogue of Conservative Judaism; provided and to the extent the members of the Congregation in good standing deem such membership in the Congregation’s best interests. For as long as members prefer to worship in the Orthodox Tradition, facilities shall be provided and maintained at its affiliate Synagogue located at 813 Main Street known as First Hebrew Congregation of Peekskill, New York: Downtown or, in the event that such facility is damaged or may no longer be used as a Synagogue, such other location as, in the judgment of the Board of Trustees, may be deemed suitable for such worship in the Orthodox Tradition.
ARTICLE III
PART I
MEMBERSHIP
Section I:
Any person recognized as being of the Jewish faith in accordance with the laws and provisions of Conservative Judaism and who is 18 years or older, desiring membership in the Congregation, shall be eligible for full membership.
Section II:
Application for membership shall be made in writing by completing and signing a membership application form accompanied by a deposit of one-twelfth (1/12th) of the then-applicable yearly dues. Acceptance of such deposit does not confer rights and privileges of membership upon said applicant but is accepted solely for the purposes of determining eligibility. Pursuant to Section III below and subsequent election to membership, the deposit will be credited against payment of first year's dues and fees. If not approved for membership, the deposit will be returned to applicant.
Section III:
A membership committee, appointed by the President, and chaired by a Vice President or such member in good standing as may be appointed by the President, shall examine the qualifications of each applicant and report its findings and recommendations to the Board of Trustees. Election to Congregation membership shall be by majority vote of the Board of Trustees who are present at a duly called meeting of the Board of Trustees. By accepting membership in the Synagogue, each new Member shall agree to adhere to the provisions of these By-Laws. The Membership Committee shall use its best efforts to provide a copy of the then current By-Laws to the prospective member prior to such prospective member’s completion of its membership application.
PART II
DUES & FEES
Section I.
The fiscal year shall begin on July 1 of each calendar year. All dues and fees shall be paid in full by April 30, of the following calendar year, except in the presence of financial hardship as and to the extent agreed to by the Dues Variance Committee. The dues, as part of the annual budget, shall be proposed by the Board of Trustees for each fiscal year and established by majority vote of the members of the Congregation in good standing as of the date of the Congregation meeting, present, in person or by proxy, at a duly called meeting of the Congregation voting at such regular or special meeting having received prior notice of the nature of said meeting. Special assessments for any fiscal year in addition to dues may be proposed by the Board of Trustees for any fiscal year and levied by a majority of those present, in person or by proxy, at a Congregation meeting, scheduled with prior notice. These special assessments may not be reduced by member classifications, except in the case of hardship as determined by the Dues Variance Committee as provided herein. Any member to whom it shall be a hardship to pay dues or any special assessment shall apply with complete confidentiality to the Dues Variance Committee. Recommendation of such Committee, if approved by the President, shall be the amount that the applicant shall be required to pay for such fiscal year. Applications for special needs shall include such information as may be requested by the Dues Variance Committee to determine the appropriate annual payment by the person or persons requesting special needs for that year; including, without limitation, the presentation of income tax returns for any such person. Unless and to the extent determined otherwise by the Dues Variance Committee, each Application must be filed and reviewed annually and are good for the year granted only. The Dues Variance Committee shall endeavor to complete its work by December 31st of every fiscal year.
The Board of Trustees, upon the recommendation of the Finance Committee, shall establish appropriate dues and fees for various classifications of membership as determined from time to time.
All dues, special assessments, if any, and fees shall be paid in either of two (2) methods (at the discretion of each member) as follows:
A. A lump-sum payment of all dues, special assessments and fees shall be due and payable as of July 1st of each fiscal year.
B. A ten (10) month coupon booklet or installment plan may be selected by notifying the Financial Secretary and/or Treasurer or his or her designee within sixty (60) days of the beginning of each fiscal year and shall allow dues to be paid in ten (10) equal monthly installments or such lesser installments, i.e., quarterly, as may be mutually agreeable. The first payment of each fiscal year shall be due July 1st. Subsequent payments are due on the first of each month (quarter) to be completed by April 1st of the next calendar year.
Section II.
Cemetery fees shall be paid in full and shall accompany applications for membership and any member in good standing may obtain Cemetery Rights upon payment of a fee according to the fee established at the time of joining the Congregation. It is the intention of these By-Laws that any member who has joined prior to age 50 shall have cemetery privileges without any fee or charge. Cemetery fees and charges are non-recurring fees and expenses and apply to applicants for membership who are aged 50 or older.
Cemetery fees are as follows:
up to age 49 . . . . . . . . . $ 000.00
ages 50 - 59 . . . . . . . . . 650.00
ages 60 - 69 . . . . . . . . . 900.00
ages 70 & over . . . . . . . . 1,150.00
Notwithstanding anything to the contrary set forth in this Section II, in the event that any application for membership of any potential member who is 50 years of age or more contains or is supplemented by a written statement by the applicant(s) for membership that such applicant(s) do not require nor desire to be buried in the cemetery of the Congregation (a "Burial Waiver"), then such applicant(s) shall not be obligated to pay any cemetery fees pursuant to this Section II. Any Burial Waiver shall be irrevocable.
Section III.
Cemetery fees (whether set forth in Section II of Part II or Section II of Part III of this Article III or otherwise) may be modified, decreased, increased or rescinded upon the recommendation of the Finance Committee and by a majority vote of the members of the Board of Trustees present at any Board of Trustees' meeting with prior notice. The President may, upon the recommendation of the Chairman of the Cemetery Committee, Chairman of the Dues Variance Committee or the Rabbi, reduce or eliminate the fees in the case of any bona fide hardship.
Section IV.
In determining the age of prospective members, there shall be submitted, at the time of application to the Membership Committee, such evidence as would determine age.
Section V. [Intentionally omitted]
Section VI. Suspension, Resignation, Expulsion
In the event of nonpayment of any dues, special assessments, pledges or other fees by any member of the Congregation for a period of more than one hundred eighty (180) days after the commencement of each fiscal year, unless a payment plan has been arranged or a special needs request has been granted for the applicable fiscal year, the Financial Secretary shall, in writing, duly advise such member that such member's name will be read for suspension at the next regular Board of Trustees' meeting or any other duly called Board of Trustee’s meeting thereafter. Unless at the time of reading of such name at said meeting, the date of which shall be set forth in a notification to the applicable member at least ten (10) business days prior thereto, the total arrears are paid to the extent satisfactory to the Finance Committee, the member shall, upon the vote of a majority of those present at any such Board of Trustees’ meeting, be thereafter immediately suspended.
Section VII.
Any member suspended for nonpayment of dues, special assessments, pledges or fees may be reinstated to good standing upon payment of all such arrears in full, without the necessity of a vote by the Board of Trustees to admit such suspended member as a new member, provided such payment in full is made within twelve (12) months after date of such suspension.
Section VIII.
After one (1) year from the date of suspension, a suspended member may reapply for membership. The application filed shall be accompanied by payment of all amounts in arrears and one-half (½) of the then-current year's dues, fees and special assessments, together with and including the fee for cemetery rights, if applicable.
Section IX.
No member shall be deemed to have resigned from the Congregation unless such member shall have notified the President or Financial Secretary in writing to that effect. However, the member shall not be released from any financial obligations to the Congregation, with respect to which the member may have been in default at the time of his or her resignation. By such resignation, said member, spouse and children, their heirs, executors and administrators and assigns (for purposes of this Section IX only, collectively, the "Member Group") shall be denied all rights, privileges and entitlements accorded to membership in this Congregation, whether accrued or not, and the Member Group shall be deemed to release the Congregation from any and all claims related thereto unless and until said person shall later become a member in accordance with these By-laws.
Section X.
Should an Executive Officer of the Congregation resign, the acceptance of such resignation shall not release such Executive Officer from the obligation to immediately and promptly deliver all Congregation-related materials, including all books, papers, records or other property in the Executive Officer's custody, charges or control.
Section XI.
A member may be expelled for gross misconduct which the Board of Trustees determines does or shall discredit the Congregation, provided, however, written charges of such gross misconduct are proffered by no less than ten (10) Congregation members in good standing to the Board of Trustees who shall thereupon investigate the same to the extent deemed appropriate by the Board of Trustees and unless rejected by the Board of Trustees in its sole discretion, cause a copy thereof to be served upon the person charged by certified mail not more than ten (10) days after receipt of the charges. Together with such copy of the charges proffered, the Secretary of the Board of Trustees shall also notify the accused of a hearing, which hearing shall be held by the Board of Trustees at a date and place specified therein. Hearings shall take place in Peekskill only. The Board of Trustees and/or its counsel shall examine and cross-examine witnesses and permit the accused member who may be accompanied by counsel, to be present with the right to produce, examine and cross-examine witnesses on such member's behalf. All hearings held by the Board of Trustees shall be in executive session and only such persons as are necessary to the profferments of the charges shall be permitted to attend. If the Board of Trustees sustains the charges proffered, in whole or in part, they shall call a special meeting of the Congregation to consider and act upon such report. Pending such meeting, the Board of Trustees shall have the power to suspend the accused from office and/or membership. In the event that, at the special meeting of the Congregation called for that purpose, as set forth, the member so charged may be expelled or otherwise punished, the Financial Secretary of the Congregation shall cause the name of the member to be stricken from the membership roster, and in addition, the Secretary shall notify, in writing, the decision of the Congregation to the member. A member expelled by the Congregation shall not be eligible for reinstatement and in addition, the expelled member, the spouse, children and next of kin, heirs, executors and administrators and assigns of the expelled member, shall forever be deemed to have released and discharged the Congregation of any and from all claims and rights, privileges and entitlements of membership in the Congregation, whether accrued or unaccrued. The unpaid dues shall continue to be an obligation of the member or the member's estate, as applicable.
Section XII.
Notwithstanding anything to the Contrary set forth in these By-laws, any member who has been suspended, been expelled or has resigned pursuant to these By-laws shall not be entitled to any rights of a member of the Congregation for as long as said suspension, expulsion or resignation, as applicable, is in effect.
PART III
Section I. RIGHTS OF MEMBERS
Every member of the Congregation in good standing, i.e., for all purposes of these By-Laws, those members having paid or having entered into a payment plan for the prompt payment of all annual dues and assessments, pledges, Hebrew School and Bar or Bat Mitzvah fees, if applicable, to the Congregation, shall have the right to vote and hold office. Privileges of membership shall include, but not be limited to, priority access to (i) the services of the Rabbi, the Cantor, the Principal of the Hebrew School, in each case, to the extent then employed by the Congregation and such other personnel employed by the Congregation for any and all life cycle events, (ii) the facilities of the Congregation, and (iii) all activities sponsored by the Congregation. Members in good standing also shall be entitled to enjoy any other privileges of membership in the Congregation, as may be established from time to time by the Board of Trustees. In addition to the privileges enumerated herein or subsequently bestowed on members by the Board of Trustees, such rights shall include those conferred in Section II of this part entitled "Cemetery" and such other rights as are conferred herein. Members' rights are nontransferable beyond immediate family members who are Jewish. Any surviving Jewish children under age 18 may retain membership, provided all dues and assessments, pledges and fees are paid for each year they become due and payable, however, children under the age of 18 are ineligible to vote or hold office.
Section II: CEMETERY
A Cemetery located in the Town of Cortlandt, New York shall be maintained by the Congregation for the purpose of providing a Jewish burial for Congregation members in good standing. The Cemetery is subject to policies and procedures adopted by the Cemetery Committee in conjunction with the Board of Trustees.
All members shall be entitled to burial in a grave assigned them after the time of death by the Cemetery Committee of the Congregation or the Chairperson thereof (provided that if at least two (2) members of the Cemetery Committee or the Chairperson thereof is unavailable to make such assignment on a timely basis then such grave may be assigned by the President or any Vice President designated by the President who shall endeavor to seek advice from a member of the Congregation who has knowledge of the family relationships of the Congregation) subject to ritual rules and regulations promulgated by the Cemetery Committee in consultation with the Rabbi and the Board of Trustees. It shall be the declared policy of the Cemetery Committee that wives and husbands shall automatically have adjoining graves, whenever possible. Members, for the purpose of this section, shall be those in good standing, as well as:
1. all Jewish children of members in good standing, living with their parents or who otherwise are at the time of their death a full time student, under the age of 22 or disabled; or
2. all Jewish persons of member's household or who are dependents upon said member in good standing.
In addition, at least two (2) members of the Cemetery Committee or the Chairperson thereof, with prior notice and approval of the President or two (2) other Executive Officers, shall have the right, to the extent permitted by applicable law, to permit burial in the Cemetery to Jewish non-members of the Congregation if they deem there to be good and sufficient reason, upon payment of a minimum of four (4) times the then applicable Cemetery Fee (as set forth by the Cemetery Committee) that otherwise would have been charged had the person been a member of the Congregation (but in no event less than $2,500.00 provided that the applicable cemetery fee described herein may, under extenuating financial circumstances only, be reduced as determined in the sole discretion of the President or the Chairperson of the Dues Variance Committee ), plus the fee for perpetual care(as set forth by the Cemetery Committee).
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE BY-LAWS, ELIGIBILITY FOR BURIAL IN THE CEMETERY IS LIMITED TO MEMBERS OF THE JEWISH FAITH EXCLUSIVELY. THE STATUS OF BEING A JEW BY BIRTH OR CONVERSION AT THE TIME OF DEATH SHALL BE DETERMINED BY THE RABBI IN ACCORDANCE WITH TRADITIONAL JEWISH LAW, AS DETERMINED BY THE CONSERVATIVE JEWISH MOVEMENT. ANY UNFORESEEN SITUATION SHALL BE RESOLVED BY THE RABBI AND EITHER THE PRESIDENT OR THE CHAIRMAN OF THE CEMETERY COMMITTEE, SUBJECT TO SUCH PERSONS AVAILABILITY.
ARTICLE IV
OFFICERS’ NOMINATION, ELECTION & INSTALLATION
Section I.
The Congregation will hold its annual meeting on the third Tuesday in June of each year, or at such other time as shall be set by the President or a Vice President. There shall be elected at each bi-annual meeting the following Executive Officers: President, First Vice-President, Second Vice-President, Third Vice-President, Recording Secretary, Financial Secretary, Treasurer and Assistant Treasurer. The Officers so elected shall serve a two (2) year term and shall comprise the Executive Committee of The Board of Trustees. The Board of Trustees also shall be comprised of fifteen (15) elected members and such other non-elected persons as described herein. At no time shall two (2) related persons (defined herein to mean persons living in the same household or members of an immediate family) serve simultaneously as Executive Officers (unless one such Executive Officer is filling a vacancy and is serving on an interim basis until the next annual meeting); however, two (2) such related persons may serve, one (1) as an Executive Officer and the second as a member of the Board of Trustees. Five (5) members of the Board of Trustees whose terms expire, shall be elected annually for a three (3) year term. It is recommended, but not mandated hereby, that an elected member of the Board of Trustees (other than a member of the Executive Committee) serve for no more than two (2) consecutive three (3) year terms. Such member should then wait for at least one (1) year before running for election to the Board. The immediate past President of the Congregation, if then a member in good standing of the Congregation, shall be a member Emeritus of both the Board of Trustees and the Executive Committee. The Executive Committee, at its sole discretion, shall be entitled to confirm Trustee Emeritus status on any longstanding former member of the Board of Trustees deemed worthy of such status, provided that at no time shall there be more than six (6) such Emeritus members on the Board of Trustees. A member Emeritus shall have no voting rights on the Board of Trustees. In addition, a representative of each of the Sisterhood and the Men’s Club, upon notice to the President of the Congregation on or prior to October 31 of each applicable fiscal year, will be entitled to delegate a member in good standing of each such organization to be a member of the Board of Trustees with equal voting rights. Notwithstanding anything else to the contrary in these By-Laws, no paid employee of the Synagogue may vote or be present for discussions at any meeting of the Board of Directors in respect of any matter directly relating to his or her compensation from the Synagogue.
Section II.
Nominations shall be made for the above-mentioned members of the Board of Trustees and Executive Officers at the Board of Trustees meeting (annually with respect to Trustees and bi-annually with respect to Executive Officers) preceding the annual meeting of the Congregation by a special nominating committee and Chairperson thereof appointed by the President. Such Chairperson shall appoint three (3) members of the Board of Trustees to serve on the nominating committee. Nominations may also be made from the floor of the aforesaid Board of Trustees Meeting at the same time or from the floor of any Congregation meeting prior to the annual Congregation meeting. The Chairperson of the Nominating Committee, after consultation with the Nominating Committee, shall present the slate of nominees to the President and to the Board of Trustees for election by the Congregation.
Section III.
.
Elections for the members of the Board of Trustees and the Executive Officers shall take place at the appropriate annual meeting of the Congregation, at which time no candidates shall be considered, unless such candidates are either present in person or in writing have assented to their nomination.
Section IV.
All elections shall be by closed ballot. The Recording Secretary of the Congregation shall see to it that proxies are mailed out no less than ten (10) business days prior to the meeting to permit members who are unable to attend the meeting in person, to vote on any issue or matter put before the Congregation for a vote. Such proxies shall be accompanied by an explanation of the matter, if needed, to permit members to understand any issue prior to sending back their proxy.
Section V.
The candidates receiving the highest number of votes shall be elected. In the event of a tie, elections shall continue until a candidate shall receive the highest number of votes cast.
Section VI.
Two (2) inspectors shall be designated by the President or, in his or her absence, the Chairperson of the Nominations Committee and they shall canvass the votes cast.
Section VII.
Any person who is not a member in good standing may neither vote nor be eligible for office. All Executive Officers and Trustees must remain in good standing throughout their tenure. Any Executive Officer or Trustee may be removed from office for nonpayment of dues, assessments and/or pledges upon the vote of the majority of Trustees in attendance at a duly called meeting of the Board of Trustees provided that the Trustee or Executive Officer in question has received written notice by certified mail at least ten (10) days prior to such Board of Trustee’s meeting.
Section VIII.
A vacancy in the office of the President shall be filled in order of succession. Any other Executive Officer position will first be filled by succession, unless no successor is willing or able to so succeed. Remaining Executive Officer or Trustee vacancies will be filled by Presidential appointment until the next regular scheduled election. If at all possible, Executive Officer vacancies should be filled first from among the then-current members of the Board of Trustees.
Section IX.
Installation of Executive Officers and Trustees may be held at a special meeting for that purpose. Executive Officers and Trustees shall assume their duties at the next regular meeting of the Board of Trustees after elections.
ARTICLE V
DUTIES & POWERS OF EXECUTIVE OFFICERS
Section I.
The President shall preside at all meetings of the Congregation, countersign all checks and warrants approved by the Treasurer, enforce these By-Laws, and see that the requirements of the Constitution and By-Laws are strictly carried out and that all proceedings are conducted in accordance with Robert's Rules of Order, not inconsistent with the By-Laws of the Congregation. The President shall be an ex-officio member of all committees. At the option of the President, Executive Officers may be designated to serve as a liaison to any or all committees, Men’s Club, Sisterhood, and/or other organizations within the Congregation.
Section II.
The First Vice-President shall exercise the powers and perform the duties of the President in the latter's absence. In addition, the First Vice-President shall be ex-officio member of all committees and serve as the Chairman of the Board of Trustees and shall preside at all meetings of the Board of Trustees. The First Vice-President shall also be a signatory and may countersign checks in the absence of the President.
Section III.
The Second Vice-President shall perform the duties of the First Vice-President in the latter's absence and shall, in addition, perform any other duties assigned to him by the President. The Second Vice-President shall chair, supervise and/or be a member of the Fund Raising Committee and coordinate or supervise all fund-raising activities throughout the Congregation. The Second Vice-President shall assume the Presidency in the event that the President and First Vice-President are unable to do so.
Section IV.
The Third Vice-President shall perform the duties of the First and Second Vice-President in their absence and, in addition, perform any other duties assigned by the President. The Third Vice-President shall chair, supervise and/or be a member of the Board of Education.
Section V.
The Treasurer and the Assistant Treasurer shall work in concert with the Financial Secretary and keep a correct account of all receipts and disbursements, pay all warrants and countersign all checks with the President, First Vice-President or designee whose names appear on the banking signature cards. At all times, the custody of all books pertaining to this office, ledgers and bank statements shall be kept in the office of the Congregation and will be coordinated by the Treasurer. These books and documents shall be open for inspection and examination by the Executive Officers and by the members of the Board of Trustees; provided that only the Treasurer, Assistant Treasurer, Financial Secretary, President and members of the Dues Variance Committee shall have access to any records or information relating to the Dues Variance Committee or its work. Members in good standing may, upon prior appointment with the Treasurer or Financial Secretary, review the Congregation's books and records, provided however, that such review may not include (i) personal records other than their own personal records or (ii) records or information relating to the Dues Variance Committee or its work. The Treasurer shall have control, but not custody, of all bonds, securities and monies belonging to the Congregation. The Treasurer shall deposit money belonging to the Congregation in such bank or banks as is approved by the Board of Trustees. The Treasurer shall have custody of one of the keys to the bank vault designated by the Board of Trustees (the other being in custody of the President). The Treasurer shall make monthly, as well as annual, reports in writing of the finances of the Congregation to the Executive Committee and shall make monthly reports to the Board of Trustees. The Treasurer shall pay all invoices on a timely basis. An annual written report on the financial condition of the Congregation shall be prepared and distributed to the Board of Trustees and to the Congregation. The annual written financial report shall include a capital budget and operating budget for the succeeding fiscal year and any other financial information the Treasurer, Financial Secretary or President reasonably deem required or beneficial.
AT NO TIME SHALL ANY ONE (1) PERSON OR FAMILY HAVE THE ABILITY TO WITHDRAW MONEY FROM ANY CONGREGATION ACCOUNT WITHOUT THE COUNTER-SIGNING OF AN UNRELATED CONGREGANT.
Section VI.
The Recording Secretary shall take charge of the seal, keep a true record of all papers, securities and insurance policies belonging to the Congregation and in the hands of the Treasurer. The Recording Secretary shall keep a true record of the proceedings of the Congregation and send written notice of meetings or otherwise whenever required to do so and perform such other duties as may be directed or prescribed by the President or the Board of Trustees. All books and records in the hands of the Secretary shall remain the property of First Hebrew Congregation, be kept in the office of the Congregation and be opened for inspection and examination by the Executive Officers and Board of Trustees.
Section VII.
The Financial Secretary shall keep a record of all monies received from members or other persons and receive and collect all dues, donations or other monies on behalf of the Congregation. The Financial Secretary shall keep a strict record of all accounts of the Congregation, showing indebtedness of the members or others to the Congregation, showing a record of all the money payable by the Congregation. The Financial Secretary shall send out bills of outstanding accounts promptly when thirty (30) days overdue and shall keep an up-to-date record of members in arrears in dues, pledges, donations, etc. and announce at meetings the number of members in jeopardy of suspension. Any and all delinquent accounts that are PAST DUE on or after May 1 of every fiscal year will be referred to the President for action to be considered at the May and/or June monthly Board of Trustees Meeting. Monies owed to the Congregation by members that cannot be paid because of financial hardship may only be reduced or forgiven by the Dues Variance Committee as previously described. At no time shall the Financial Secretary authorize a forgiveness of funds outside of the approved procedures. All books and records in the hands of the Financial Secretary shall be kept in the office of the Congregation and be open for inspection and examination by the Officers, the Board of Trustees or a member in good standing. Additionally, any member of the Congregation shall be entitled, upon prior written request to and permission by the Financial Secretary, which permission shall not be unreasonably withheld, to examine any personal information concerning such Congregation member's financial records or condition with the Congregation. The Financial Secretary shall arrange for an annual evaluation of the books and records and the funds of the Congregation, including all books and records of each committee or fund of or within the Congregation. Such annual evaluation shall be conducted by one (1) or more persons selected by the Executive Board who may be members of the Congregation (provided that any such Congregant shall be a member in good standing), provided however, that such persons shall not be employees of the Congregation or members of the Board of Trustees or the Executive Board. All Organizations and Committees within the Congregation shall submit annual budgets and year-end financial reports (inclusive of annual bank statements) to the Financial Secretary.
ARTICLE VI
BOARD OF TRUSTEES
Section I.
The Board of Trustees shall consist of the Executive Committee and fifteen (15) members elected as provided in Article IV, Section I, the immediate past President of the Congregation, any members Emeritus appointed by the Executive Committee, together with one (1) person in good standing of each of the First Hebrew Congregation Sisterhood and the First Hebrew Congregation Men's Club provided, however, that all members of the Board of Trustees and Executive Committee shall at all times be members of the Congregation in good standing. All such members of the Board of Trustees shall have equal voting rights.
Section II. Duties & Powers
The Board of Trustees shall act as a court of arbitration to determine all grievances or disputes that may arise out of membership in the Congregation.
The Board of Trustees shall have charge of and manage and provide for the upkeep and the maintenance of the Cemetery through the Cemetery Committee.
The Board of Trustees shall have the power to authorize the expenditure of non-budgeted operating funds in an amount up to and including $25,000 for the orderly operation and functioning of the Congregation. Any such non-budgeted expenditure or liability in excess of $25,000 (whether in the nature of a capital expense or operating expense) must be approved by the Congregation at a regular or special Congregation meeting called for this purpose; provided that no such expense shall require the approval of the Congregation if the expense is incurred in response to an emergency situation as determined by no less than three (3) members of the Executive Committee or a majority of the Board of Trustees present at a duly called Board meeting.
The Board of Trustees shall have whatever other duties and powers specifically delegated to them in any other Article in these By-Laws or referred to them by the Congregation.
Section III.
In the event that any member of the Board of Trustees or the Executive Committee should fail to attend four meetings of the Board of Trustees during any fiscal year, such Executive Committee member or Trustee shall automatically be deemed to have tendered his or her resignation to the Board of Trustees whereupon the Board of Trustees is obligated to promptly accept or reject his or her resignation at the sole discretion of the Board of Trustees.
Section IV.
No member of the Board of Trustees or the Executive Committee shall have any personal liability for the performance of any investment of Congregation funds absent gross negligence or malfeasance.
ARTICLE VII
MEETINGS OF THE BOARD OF TRUSTEES
AND CONGREGATION
Section I.
The regular Board of Trustees Meeting shall be held on the First Tuesday of every month or, at such other time as shall be called by the President or a Vice President or, upon written request of five (5) members of the Board of Trustees. Such Board meetings shall be duly called, provided there shall be at least five (5) business days prior written notice to the Board of Trustees. Only elected members of the Board of Trustees are permitted to attend executive sessions of the Board of Trustees. Either the President or the First Vice President may declare an executive session of the Board of Trustees. The regular meetings of the Board of Trustees are open to the members of the Congregation who may attend each meeting and shall be able to voice their opinions but are not eligible to vote. In addition to the annual meeting of the Congregation, the Board of Trustees may call a special meeting of the Congregation in accordance with Section III below or a general meeting of the Congregation whenever it deems it necessary for the entire membership to discuss or vote on an issue. Such meetings of the Congregation will be held on the third (3rd) Tuesday of the month whenever possible.
Section II.
A. Annual Meeting of the Congregation
There shall be an annual meeting of the Congregation for the purpose of (i) the approval of the Congregation’s annual budget as provided in Section IIB hereof and (ii) the Election of Executive Officers and Trustees as provided for under Section I of Article IV. No less than ten (10) business days prior written notice of such meeting shall be provided to all members at their address as recorded in the books of the Congregation.
B. Annual Budget; Dues & Assessment Approvals
The process for the annual approval of the Congregation's budget shall be as follows:
1. The annual budget (both operating and capital) shall be submitted by the Finance Committee to the Board at its May meeting. The Finance Committee shall propose an annual budget (both operating and capital) for the upcoming fiscal year that includes sufficient dues, fees and special assessments levied against the members of the Congregation to raise sufficient funds to ensure (i) a balanced operating budget and (ii) payment of funds needed to clear any deficit from any prior fiscal year’s operating budget.
2. The Board shall discuss and approve the budget (both operating and capital) with any revisions deemed appropriate.
3. The proposed budget (both operating and capital) shall be submitted to the Congregation at a special meeting held in May of each year to the extent possible with prior written notice wherein the proposed budget shall be discussed.
4. The annual budget (both operating and capital) shall then be submitted to the Congregation at the annual meeting to be held in June of each year with prior written notice for ratification, as described under Section II hereof.
Section III.
A special meeting of the Congregation may be called by (a) the President, (b) by a majority of the Board of Trustees, or (c) upon written request of seven (7) members of the Congregation in good standing, stating the object thereof. Written notice of any special meeting must be given by the Secretary to all Congregants in good standing and mailed at least ten (10) business days prior to such meeting and such notice shall specify the nature of the business to be transacted and the date of such meeting.
Section IV.
Ten (10) members in good standing shall constitute a quorum of the Congregation.
ARTICLE VIII
ELECTION OF RABBI, CANTOR, PRINCIPAL, ETC.
Section I.
The Board of Trustees shall first interview and examine the qualifications of the candidate for Rabbi (whether pursuant to an initial contract, an extension or renewal thereof or a new contract) and shall, at the annual or special meeting called for the purpose of election of such candidate, cause its written findings to be read and filed with the minutes of the meeting.
The election of the Rabbi of the Congregation (whether pursuant to an initial contract, an extension or renewal thereof or a new contract) shall be by majority vote of the Board of Trustees at a duly called meeting of the Board (wherein such proposed election of the Rabbi is set forth in a notice or agenda for such Board meeting) and, if so approved, by majority vote of the members in good standing of the Congregation present, in person or by proxy, at the annual meeting or a special meeting duly called for the purpose of approving the election of a Rabbi (whether pursuant to an initial contract, an extension or renewal thereof or a new contract) as soon as practically possible.
Section II.
The selection of a Cantor, the Principal of the Hebrew School and the Director of the Nursery School shall be by the vote of a majority of the Board of Trustees at a duly called meeting of the Board wherein the proposed election of such Cantor, Principal or Director is set forth in a notice or agenda for such Board meeting.
Section III.
Upon the election or designation of the Rabbi, the Cantor, the Principal or the Director, such successful candidate shall enter into a written contract to be approved by a majority of the Board of Trustees of the Congregation with advice of the attorney retained or designated by the Board of Trustees on behalf of the Congregation, and the duties, salary and all the terms and the conditions of employment shall be in such agreement and without which such agreement shall be deemed illegal, void and of no effect. No initial contract, including a Rabbi's initial contract, shall exceed a period of two (2) years and no contract shall have as its term a period exceeding ten (10) years.
ARTICLE IX
COMMITTEES
Section I.
There shall be the following standing committees appointed by the President, all of which committees shall be chaired by a member in good standing so designated by the President.
The Committee Chairperson may, but need not be, a member of the Board of Trustees. The number and identity of members of these committees shall be left to the discretion of the President and each Chairperson subject, with respect to the Memorial Fund Committee, to the requirement of Paragraph (b) of Section II of Article X. The Chairperson of each Committee or a designee of the Chairperson shall be invited to attend regular Board of Trustees meetings but will not have a vote on any issues brought to a vote at such meetings unless such Chairperson or designee is also a member of the Board of Trustees.
STANDING COMMITTEES
BINGO COMMITTEE MEMBERSHIP COMMITTEE
BOARD OF EDUCATION MEMORIAL FUND COMMITTEE
FINANCE COMMITTEE REAL ESTATE COMMITTEE
CEMETERY COMMITTEE SOCIAL ACTION/BIKKUR
FUND-RAISING COMMITTEE CHOLIM COMMITTEE
COMMITTEE RITUAL COMMITTEE PROGRAM COMMITTEE
HOUSE & GROUNDS COMMITTEE ADULT EDUCATION
DUES VARIANCE COMMITTEE UNITED SYNAGOGUE LIASON COMMITTEE
YOUTH COMMITTEE INTERFAITH COUNCIL OF PEEKSKILL
Section II.
Special committees may be appointed as are deemed necessary or appropriate by the President or the majority vote of the Board of Trustees present at the applicable Board meeting. Such Special Committee shall be chaired by a member of the Congregation in good standing appointed by the President or a majority of the Board of Trustees.
Section III.
The Board of Education shall consist of members of the Congregation, all of whom must be in good standing. The Chairman shall be appointed by the President. The affairs, maintenance, management and conduct of the Hebrew School and the Nursery School shall be administered by the Board of Education. The Board of Education shall be empowered to seek candidates for the Principal and teachers of the Hebrew School and the Director and teachers of the Nursery School and examine the qualifications of such candidates and shall report its findings in writing to the Board of Trustees. The Board of Education shall have no power to engage or contract for the services of (i) a Hebrew School Principal or a Nursery School Director, such right being reserved to and vested in the Board of Trustees or (ii) any teacher or other person unless said contract is within the Board of Education’s current budget as approved by the Board of Trustees.
ARTICLE X
FUNDS
The Executive Committee, together with the Finance Committee, shall be the only persons permitted to establish a Fund of the Congregation and to open an account with a bank for such Fund. The number of bank accounts shall be kept to a manageable number and the books and records of all accounts so established shall be kept by the Treasurer. All bank accounts established for the Congregation must require the signatures of two (2) Executive Officers in good standing to sign checks. With respect to Sisterhood and Men’s Club, all bank accounts established by such organizations must require the signatures of two (2) officers of the applicable organization to sign checks (which persons must be members of the Congregation in good standing).
Included within the Congregation's Funds shall be the following:
Section I. General Fund.
In the General Fund shall be kept all of the monies of the Congregation of any kind or nature whatsoever and from any source received, except such monies as hereinafter set forth and designated as "MEMORIAL, BINGO & CEMETERY FUNDS" or such other funds established in accordance with the provisions hereof. All bills and expenses for the operation of the Congregation shall be paid from the General Fund, and all income and revenues of any kind shall be deposited into the General Fund. No services, supplies, materials, etc., other than as provided for under these By-Laws may be purchased or contracted for by a member or committee, unless so specified in the Congregation's annual budget. An operating budget item or capital budget item may be raised or added thereto in an amount not to exceed $25,000.00 only by specific vote of a majority vote of the Board of Trustees in attendance at the applicable Board meeting; any amount for general operating expenses or capital items in excess of such $25,000.00 requires the approval of a majority vote of the Congregation at a regular or special meeting; provided that no such expense shall require the approval of the Congregation if the expense is incurred in response to an emergency situation as determined by no less than three (3) members of the Executive Committee or a majority of the Board of Trustees present at a duly called Board meeting. Money accumulated through fund raising events shall become Congregation funds upon receipt.
Section II. Special Funds.
All Committees and organizations of the Congregation shall make an annual financial report in writing to the Financial Secretary or Treasurer stating current assets and liabilities, all expenditures for the current fiscal year and a budget of all prospective expenditures and expected revenues for the next fiscal year.
1. Cemetery Fund.
A separate trust fund shall be maintained for the deposit and accumulation by payment from monies paid for perpetual care, the incidental sale of graves and such other funds as may be received in connection with the operation of the Cemetery. All charges and expenses for the maintenance of the Cemetery shall be paid from these funds and such funds shall be used for no other purpose.
2. Memorial Fund.
This fund shall receive and accumulate such monies as may be donated, earned and accumulated and to be used specifically for such purposes as designated by the donor of such funds or as otherwise determined by the Memorial Fund Committee subject to the approval of the Board of Trustees. None of such funds shall be used for any operation or maintenance expenses and shall be used solely for capital improvements or memorial for the donors. In order to maintain continuity, a majority of the members of the Memorial Fund Committee shall be members who have been in good standing for a period of not less than three (3) years.
3. Bingo Fund.
This fund shall receive and accumulate all monies gathered at the weekly Bingo nights. These funds shall be managed in accordance with the applicable New York State Rules and Regulations.
ARTICLE XI
ORGANIZATIONS
Any organization, association or other group that is a part of the Congregation or which uses the Congregation's personnel or facilities (other than on a fee rental basis) shall conform to the rules and regulations of the Congregation and these By-Laws. No provision contradictory to such rules or regulations or these By-Laws may be adopted contrary thereto by such organizations and such organizations shall be responsible to the Board of Trustees and the Executive Board of the Congregation. All such organizations, associations and other groups shall provide written annual financial reports to the Treasurer of the Congregation stating current assets and liabilities, all expenditures for the current fiscal year and a budget of all prospective expenditures and expected revenues for the next fiscal year.
ARTICLE XII
AMENDMENTS
Section I.
A proposition to amend, alter or repeal the foregoing By-Laws shall be submitted in writing to the Board of Trustees at a regular or special meeting of the Board of Trustees at which time, after due written notice of no less than ten (10) business days, the proposition shall be voted on. If approved by a majority of the Board of Trustees at such meeting, the proposition shall be submitted to the Congregation for approval. The change or modification must be approved by a majority vote of the Congregation members in good standing present, in person or by proxy, at the special meeting or regular meeting. A meeting of the Board of Trustees to discuss the proposed change shall be held no closer than two (2) weeks prior to the special or regular meeting of the Congregation.
Section II.
The notice of the meeting to the Congregation to consider such proposition shall include the text of the proposed amendment or changes thereto.
Section III.
The recording Secretary shall keep in a special book, separate and apart from other books, all amendments hereinafter made and all Rules and Regulations, which book shall record the amendment and all Rules and Regulations and the date of the amendment and the Rules and Regulations, as applicable.
Section IV.
The Board of Trustees may, from time to time, issue and/or modify Rules and Regulations to be attached to and form a part of these By-Laws, which Rules and Regulations or any modifications thereto, as applicable, shall be effective and valid only after such Rules and Regulations, as the same may be amended, are approved by the Congregation in accordance with Sections I and II of this Article XII.
ARTICLE XIII
The By-Laws and Constitution, upon their approval as set forth herein, shall be the official By-Laws and Constitution of the Congregation and shall replace and supersede all other prior versions.
Approved and dated as of
the 27th day of June, 2005.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment