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Massachusetts State Council Knights of Columbus
BY-LAWS
(as
amended May 1, 1994)
ARTICLE I. NAME
Section
1.
NAME
This organization shall be known as the Massachusetts State Council Knights of
Columbus (the "State Council"), and shall be subject to and governed
by the Charter, Constitution and Laws of the Knights of Columbus (the
"Order").
ARTICLE II. MEMBERSHIP
Section
2.
MEMBERSHIP.
Membership of the State Council shall consist of the Grand Knight and a Past
Grand Knight actually residing in Massachusetts from each council in good
standing, the Supreme Knight (ex officio), the elected State Officers (ex
officio), and the immediate Past State Deputy provided, however, that when the
Immediate Past State Deputy is actually residing in another state or
jurisdiction, he shall thereby forever forfeit such right, and his nearest
predecessor actually residing in Massachusetts shall be entitled thereto. If there be more than one Past Grand Knight, councils shall
elect one to represent it in the State Council.
A council having no Past Grand Knight may elect any one of its Third
Degree members in good stand as delegate. Councils shall also elect alternates to
serve, if necessary, as members of the State Council.
Section
3.
PAST STATE DEPUTIES AND DISTRICT DEPUTIES.
All other Past State Deputies and all incumbent District Deputies shall be
permitted the privileges of membership in the State Council, but without the
right to vote therein, unless they otherwise be members of the State Council.
Section
4.
CHAIRMEN OF STANDING COMMITTEES.
Chairmen of Standing Committees of the State Council, not to exceed twelve, who
are not otherwise members, shall be permitted, with permission of the State
Deputy, the privilege of membership in the State Council with the right to speak
on questions pertaining to the functions of their respective committees, but
without the right to vote therein.
ARTICLE III ANNUAL MEETING
Section
5.
ANNUAL MEETING.
The Annual Meeting (State Convention) of the State Council shall be convened
between the first day of April to
and including the first day of June each year by the State Deputy for the
election of officers and for the transaction of such business and the enactment
of such rules and regulation as may be consistent with the Charter, Constitution
and Laws of the Knights of Columbus; but no law, rule or regulation adopted by
the State Council shall become operative until approved by the Supreme Council.
The State Deputy, subject to the approval of the State Officers, shall
fix the date of each Annual Meeting.
Section
6.
MANNER CONDUCTED, WHOM ADMITTED.
All meetings of the State Council shall be conducted in the third section, and
shall be open to all Third Degree members in good standing. Members of the State
Council shall not leave during the sessions of the State Council without
permission of the presiding officer.
Section
7.
QUORUM.
One third of the duly accredited delegates shall constitute a quorum for a
meeting of the State Council.
Section
8.
CREDENTIALS.
The State Secretary shall issue, under seal, credentials to the duly elected
delegates to the Annual Meeting of the State Council, who shall present the same
at the Annual Meeting.
Section
9.
TEMPORARY ROLL CALL.
The State Secretary shall prepare a roll of the names of all delegates on the
credentials presented to him prior to the calling to order of the meeting of the
State Council, and said roll shall be the roll of the State Council until the
Committee on Credentials has submitted its report and the permanent roll
determined by the action of the meeting on said report.
Section
10.
YEAS AND NAYS.
The Roll of Delegates shall not be called upon demand for the yeas and nays
unless required by at least one-third of those voting on such a request.
ARTICLE IV COMMITTEES OF THE ANNUAL MEETING
Section
11.
COMMITTEE ELIGIBILITY.
Any member of the State Council shall be eligible to serve on its committees or
any Third Degree member of the Order residing in Massachusetts may be appointed
to any committee where his special skill, knowledge and qualifications are
required or would be an asset to a committee. By virtue of his appointment to
such committee, said member is empowered to speak, without a vote, on matters
pertaining to the function of that committee.
Section
12.
CREDENTIALS COMMITTEE.
The State Deputy shall, before the Annual Meeting, appoint a Committee on
Credentials, to consist of five members, and as many assistants as deemed
necessary, who shall examine all credentials presented to it by the duly elected
delegates and alternates for certification. In case of a contest, one member on each side may appear to
make argument before the Credentials Committee, each being allowed not more than
five minutes without special consent of said committee.
Section
13.
COMMITTEE ON MILEAGE AND PER DIEM.
(a) The State Deputy shall, before the meeting of the State Council, appoint a
Committee on Mileage and Per Diem, to consist of five members, and as many
assistants as deemed necessary, who shall determine and certify to the State
Secretary the number of miles traveled by each representative to the State
Council.
(b) Members of and representatives to the State Council shall receive, in lieu
of all expenses, mileage both ways at the rate of fifteen cents a mile from the
place of their local council to the place of meeting of the State Council by the
most direct route and the return route to the same location, provided, however,
that members of and representatives to the State Council whose local councils
are less than forty miles from the place of the meeting shall receive a minimum
of twelve dollars. Members of and
representatives to the State Council shall receive a per diem of
seventy dollars for each day's actual attendance at meetings of the
State Council.
(c)
Should conditions warrant it, and without increase in percapita tax, the State
Officers may recommend a per diem increase not to exceed ten dollars per day.
Such proposal must be approved by a two-thirds vote of the delegates.
Such increase would apply for the current meeting only and would not
apply to future conventions without a change in the by-laws.
Section
14.
RESOLUTIONS AT THE ANNUAL MEETING.
(a) The State Deputy shall, before the meeting of the state council, appoint a
Committee on Resolutions to consist of at least five members,
the chairman of which shall be the State Advocate.
(b) The Committee shall examine all resolutions,
including petitions and recommendations, presented to the Annual
Meeting for action, and shall make recommendations to the delegates as to
disposition of each resolution. If
deemed necessary, this committee may alter or rewrite a resolution, without
changing its intent, before submitting it to the membership.
(c) All resolutions, petitions, recommendations and proposed amendments to the
State Council by-laws must be submitted in writing thirty days prior to the
Annual Meeting to the State Secretary, who shall refer them to the Committee on
Resolutions for compliance with Section 14(b).
(d) The State Secretary shall, prior to the Annual Meeting, furnish each
delegate via mail with a copy of each resolution as properly submitted in
compliance with these by-laws.
(e) Resolutions, petitions,
recommendations and proposed amendments to State By-Laws may be
submitted to the Annual Meeting only by a council, the State Officers as a
group, delegates to the convention, and by a State Committee on matters which
relate to activities of that committee. Individual
members may not submit resolutions to the Annual Meeting.
(f) In submitting resolutions, councils must show the date the resolution was
adopted by the council, and the action should be attested to by the Grand Knight
and Recording Secretary, and must bear the seal of the council.
(g) Emergency resolutions submitted by the State Officers, delegates and
Chairmen of State Committees and resolutions of appreciation are exempt from the
thirty-day provision.
(h) Resolutions, petitions or recommendations filed after the thirty-day period
or from the floor of the Annual Meeting must meet the following conditions:
(1) Must comply with subsections
(e) and (f) above;
(2) The unit making the resolution
must furnish each delegate present on
the floor of the Annual Meeting at the time such resolution is presented, with
a copy of the resolution,
unless submitted under the provisions of subsection (g) above;
(3) Then and only then is a
motion in order to refer the resolution to the Committee on Resolutions; the
motion is not debatable, and requires a two-thirds vote of those present and
voting; should two-thirds prevail, the matter is then referred to the Committee
on Resolution and the meeting must await the report of said committee. Such must
be reported at the same Annual Meeting.
Section
15.
COMMITTEE ON AUDIT AND FINANCE.
(a) The State Deputy shall appoint a Committee on Audit and Finance to consist
of three members, and as many assistants as may be necessary.
(b) This committee shall examine all accounts and books of the State Secretary
and State Treasurer and all other officers and committees charged
with the expenditure or care of monies of the State Council.
With approval of the State Officers, this committee may engage
professional auditors.
(c) This committee shall ascertain the amount required for expenses for the
ensuing year, prepare a budget of same, suggest such measures of finance as they
deem necessary and report the same to the State Council at its Annual Meeting
for approval.
(d) This Committee shall report upon expenditures proposed at State Council
meetings and no monies shall be appropriated by the State Council for any
purpose except routine expenses or appropriations authorized explicitly by the
by-laws until said appropriation has been approved by said committee.
ARTICLE V ORDER OF BUSINESS
Section
16.
ORDER OF BUSINESS.
The Order of Business at meeting of the State Council, unless otherwise changes
by a majority vote of the State Council, shall be as follows:
(1) Call to
Order
(2) Prayer
(3) Appointment of committees
(4) Report of Credentials Committee
(5) Communications
(6) Reports of State Officers
State Deputy
State Secretary
State Treasurer
State Chaplain
(7) Report of Committee on Audit and Finance
(8) Unfinished Business
(9) Report of Committee on Resolutions
(10) New Business
(11) Report on Committee on Mileage and Per Diem
(12) Election of:
(a) State Officers
(b) Delegate to Supreme Convention
(c) Alternate Delegates to Supreme Convention
(13) Prayer
(14) Adjournment
ARTICLE VI ELECTIONS - OFFICERS AND DELEGATES, HOW CHOSEN
Section
17.
BALLOT SYSTEM.
All elections by the State Council shall be held and conducted under the
Australian Ballot System so-called.
Section
18.
NOMINATIONS.
Nominations may be made at any time prior to the actual election. Nominations submitted in writing to the State Secretary
before five o'clock P.M. thirty five
days prior to the Annual Meeting of the State Council, containing the written
acceptance of the nomination by the nominee, shall be printed forthwith upon a
ballot, which shall contain a blank space thereon for each office to be elected.
Section
19.
MAIL NAMES.
Prior to the Annual Meeting, the State Secretary shall mail to each member
of the State council (delegate), along with his credentials, the names
of the various candidates duly nominated for office and the offices for which
they were nominated.
Section
20.
TO BE ELECTED.
The following shall be elected at the
Annual Meeting:
(a) Five State Officers: State Deputy, State Secretary, State Treasurer,
State Advocate and State Warden;
(b) Eight Delegates to the Supreme Convention;
(c) Ten Alternate Delegates to the Supreme Convention.
Section
21.
ONE BALLOT.
All State Officers, Delegates and Alternate Delegates shall be elected on one
ballot. A majority of all votes
cast shall be necessary to elect where several of equal degree are to be chosen.
Section
22.
DELEGATES.
No ballot for Delegate to the Supreme Convention containing more or fewer votes
than there are places to be voted for (8) shall be counted.
The eight candidates receiving the highest number of votes cast for
Delegates to the Supreme Convention shall be declared elected.
Section
23.
ALTERNATE DELEGATES.
Ten Alternate Delegates shall be elected. The
candidate receiving the highest number of votes becomes the first alternate, and
the others follow in order. In case of a tie in the Alternate Delegate vote, the
State Deputy shall designate who shall serve.
Section
24.
CAST ONE BALLOT.
When only one candidate is nominated for any office or only the number of
candidates equal to the number of Delegates or Alternate Delegates are
nominated, the State Council may, upon unanimous vote of the delegates, direct
the State Secretary to cast one ballot for such candidate or candidates, and
such candidate(s) shall be declared elected.
If, however, twenty or
more delegates to the Annual Meeting of the State Council should object, the
State Council must proceed to vote by ballot.
Section
25.
COUNTING BALLOTS.
From the members of the Order, the State Deputy shall appoint a Warden, a clerk
and as many Tellers of the Election as in his opinion are necessary for the
purpose of counting all ballots.
Section
26.
ACCORDANCE WITH RULES.
The State Chaplain shall be appointed by the State Officers in accordance with
the Rules and Laws of the Order.
ARTICLE VII OFFICERS AND THEIR DUTIES
Section
27.
OFFICERS.
Officers of the State Council shall be State Chaplain, State Deputy, State
Secretary, State Treasurer, State Advocate and State Warden.
They shall hold office for a term of one year from and after the first
day of July following their election and until their successors have been
elected or qualified.
Section
28.
DUTIES.
The duties of the respective officers shall be those specifically mentioned in
the Constitution and Laws of the Order governing state councils and these
By-Laws and further duties as the State Council may direct.
Section
29.
STATE CHAPLAIN.
He shall hold the same position in the State Council as the Supreme Chaplain in
the Supreme Council.
Section
30.
STATE DEPUTY.
He shall be the chief executive officer of the Order in the state and the
representative of the Supreme Board of Directors and the Supreme Knight.
(a)
He shall preside at all meetings of the State Council and State Officers,
performing the usual duties of chairman. He
shall appoint all committees unless otherwise determined by the State Council,
and at and between Annual Meetings may appoint such committees as in his judgment
are necessary for the promotion of the best interests of the Order.
(b) He shall be ex-officio a member of all committees of the State Council.
He shall countersign all proper warrants drawn and signed by the State
Secretary and all checks drawn and signed by the State Treasurer.
(c) Subject to the approval of the State Officers, he shall hire suitable
headquarters and procure necessary office equipment and supplies.
He shall be the custodian of the bonds of the State Secretary and State
Treasurer. Subject to the approval
of the State Officers, he shall appoint an Executive Secretary of the State
Council and such other clerical assistants as may be necessary; salaries of the
Executive Secretary and clerical assistants shall be fixed by the State Council.
(d) Subject to the approval of the Supreme Knight or Board of Directors, he
shall divide the state into districts and appoint a District Deputy for each
district.
(e) He shall possess such
other powers and perform such other duties as the Constitution and Laws of the
Order provide.
Section
31.
STATE SECRETARY.
He shall be recorder of all meetings of the State Council and State Officers and
shall receive all monies paid for State Council assessments and per-capita taxes
and also all monies from committees of the State Council and make record thereof
and transmit the same to the State Treasurer.
(a)
He shall draw orders on the State Treasurer for the payment of all debts due
from the State Council.
(b) He shall receive all requests for the Exemplification
of the Third Degree, which must be approved by the State Deputy.
(c) He shall be charged with the duty of mailing to the Grand Knights of member
councils in good standing, prior to the Annual Meeting, two copies (one per
delegate) of credentials, resolutions properly submitted in compliance with
these By-Laws, proposed By-Law changes and a sample ballot.
(d) He shall be a member, ex-officio, of every committee selected or appointed
by the State Council, State Officers or State Deputy when such committee in the
discharge of its duty shall receive or expend any monies of the Order or of the
members thereof.
(e) He shall give a surety
bond, the cost of which shall be paid by the State Council, in such sum but
not less than $5,000.00 and in such form as shall be required
by the State Officers.
Section
32.
STATE TREASURER.
He shall keep a true and accurate account of all monies received.
He shall deposit monies received from all sources, subject to withdrawal
on his check only when countersigned by the State Deputy.
(a)
He shall be a member, ex-officio, and Treasurer of every committee selected or
appointed by the State Council, State Officers or State Deputy when such
committee in the discharge of its duty shall receive or expend any monies of the
Order or of the members thereof.
(b) He shall pay out monies of the Order only upon orders drawn by the State
Secretary and countersigned by the State Deputy.
(c) He shall give a surety
bond, the cost of which shall be paid by the State Council, in such sum but
not less than $15,000.00 and in such form as shall be required
by the State Officers.
Section
33.
STATE ADVOCATE.
He shall be legal advisor of the State Deputy and State Officers in all matters
pertaining to the Order or referred to him, and shall perform such other duties
as are provided for in the Constitution and Laws of the Order.
He may be empowered by the State Officers to engage legal counsel and to
pay from the general fund such fee(s) as the State Council or State Officers
deem reasonable and proper for the work performed by said legal counsel.
Section
34.
STATE WARDEN.
He shall be present at all meetings of the State Council and at the opening
thereof shall, with the help of such assistants as may be appointed by the State
Deputy, verify membership cards to determine that all present are members in
good standing of the Third Degree. He
shall also perform such other duties as may be directed by the State Deputy.
Section
35.
VACANCIES.
Appointments to fill vacancies in any office of the State Council shall be made
for the unexpired term by the State Officers at a meeting called for that
purpose. In case of vacancy in the
office of alternate to the Supreme Council, such vacancy shall be filled in
accordance with the Laws of the Order.
Section
36.
PAST STATE DEPUTIES.
Past State Deputies residing in the jurisdiction of Massachusetts shall assist
the State Officers with advice and counsel and shall perform such other duties
as may be delegated to them by the State Deputy or State Officers.
ARTICLE VIII. EXPENSE ALLOWANCE REIMBURSEMENT.
Section
37.
STATE OFFICERS.
The State Council shall fix at the Annual Meeting an annual stipend as an
allowance for travel and necessary expenses incurred by the State Officers in
the conduct of their respective offices.
Section
38.
STATE COUNCIL COMMITTEES AND DISTRICT DEPUTIES.
The necessary expenses incurred by state committees, whether appointed by the
State Council of State Deputy, and district deputies shall, unless otherwise
provided for, be payable from the funds of the State Council subject to the
approval of the State Deputy.
ARTICLE IX. STATE OFFICER MEETINGS.
Section
39.
WHEN MEET.
The officers of the State Council shall meet at such times and such places as
designated by the State Deputy.
Section
40.
PRIVILEGE EXTENDED.
The immediate Past State
Deputy, in accordance with Article II,
Section 2, shall be extended the privilege of attending all meetings of
the State Officers, he may participate in their discussions, so that the State
Officers may benefit from his experience and counsel. Although he is a member of
the State Council, he is not an officer of the State Council and, therefore, is
without a vote at meetings of the state officers.
ARTICLE X. COMMITTEES.
Section
41.
APPOINTMENTS.
All committees will be appointed in accordance with Article VII, Section 30,
Paragraph (a) of these By-Laws. The
State Deputy shall appoint such committees as may be necessary to achieve the
identify of the Knights of Columbus as a Catholic, family, fraternal organization.
(a)
The State Deputy shall appoint a State History Committee.
The duty of this committee shall be the compilation of the history of the
State Council each year, the keeping of such records of useful and important
information concerning activities of councils within this jurisdiction as may be
valuable for future reference. Chairman of this committee shall be known as the
State Historian.
(b) All reports of committees of the State Council shall be in writing and
signed by a majority of members of the committee.
ARTICLE XI. ASSESSMENTS.
Section
42.
WHEN DUE.
All assessments and per-capita taxes of the State Council shall be due and
payable on the first day of October next succeeding adjournment of the meeting
of the State Council at which the same are levied, unless otherwise ordered by
the State Council.
(a)
Per-capita taxes levied upon subordinate councils shall be based upon the total
number of insurance, associate and inactive insurance members, less the number
of Honorary Life and Disabled Members, as furnished to the State Council as of
the first day of July of each year.
(b) All monies for payment of state assessments, per-capita taxes or any other
purpose shall be paid only by check made payable to the Massachusetts State Council.
(c) The State Council shall make a rebate to each
college council of 25 percent of the annual per-capita tax assessed and paid
by the membership of said college council, and said college council shall use
these funds for Catholic and fraternal programs.
ARTICLE XII. AUDIT REPORTS.
Section
43.
SEMI-ANNUAL REPORTING.
Each council shall render to the State Secretary and to the assigned District
Deputy a semi-annual audit report upon forms furnished by the Supreme Council.
Reports will cover the six month periods ending each June 30th and December
31st.
ARTICLE XIII. CHARITY FUND.
Section
44.
NAME.
The fund shall be known as "Massachusetts Knights of Columbus Charity
Fund".
Section
45.
PURPOSE.
The purpose of the fund shall be to render pecuniary aid in such ways as are
consistent with the laws and principles of the Knights of Columbus.
Section
46.
PROCEEDS.
All proceeds derived from State Council Columbus Day activities and all proceeds
derived from any other activity sponsored by the State Council and advertised
for charity shall be received and deposited in the account of the Fund, and
expenses incurred in connection with said activities shall be paid from this
Fund.
Section
47.
SUPERVISION.
The State Officers shall have supervision and control of the property of the
Fund. To more effectually carry out
its purposes, the State Officers may establish, accumulate and maintain a
reserve fund in such manner or in such amounts as they may determine.
Section
48.
AID RENDERED.
Pecuniary aid in any amount shall be rendered by majority vote of the State
Officers. By majority vote the
State Officers may delegate authority to render pecuniary aid to the Diocesan
representatives of the Charity Fund
described in Section 49, within specific limitations but with responsibility for
supervision and control of the property of the Fund remaining with the State
Officers.
Section
49.
DIOCESAN REPRESENTATIVES.
The State Deputy shall appoint two
representatives from each of
the Dioceses in this jurisdiction to consult and advise with the State Officers
in carrying out the obligations of the Massachusetts Knights of Columbus Charity
Fund.
ARTICLE XIV AMENDMENTS.
Section
50.
By-LAWS.
These By-Laws or any part thereof may be amended, altered or revised only upon
the following conditions:
First, the proposed amendment, alteration or revision shall be forwarded in writing to the State Secretary at least one month before the holding of the State Council Meeting;
Second, The State Secretary shall send with the credentials of each delegate a copy of such proposed amendment, alteration or revision;
Third, such amendment, alteration or revision shall be enacted only by two-thirds vote of the delegates present voting in favor thereof, a quorum being present.
Section
50.
APPROVAL OF SUPREME COUNCIL.
No amendment, alteration or revision shall take effect until approved by the
Board of Directors of the Supreme Council of the Knights of Columbus.
Section
51.
SUSPENSION OF.
These By-Laws, or any part thereof not affecting the rights of an absentee
delegate, may be suspended at a current meeting by unanimous consent.
Section
52.
REPEAL OF.
All
By-Laws and amendments heretofore adopted are hereby repealed upon adoption of
these By-Laws and approval by the Board of Directors of the Supreme Council of
the Knights of Columbus.
Section
53.
PARLIAMENTARY PROCEDURE.
All questions of parliamentary procedure shall be decided according to Robert's
Rules of Order most recently revised.
Section
54.
HEADINGS.
The use of headings in these By-Laws is meant for convenience only and shall
have no effect upon interpretation of the Articles and Sections of these
By-Laws.
Approved
by the State Council at Annual Meeting held on May 1,1994
State Secretary P. Frank Fougere
State Deputy Kenneth N. Ryan
Approved
by the Supreme Council Board of Directors.
Date: October, 1994
Supreme Secretary, Charles P. Riesbeck, Jr.