Constitution of Congregation Ohr Torah

Transcription

1 Constitution of Congregation Ohr Torah Article I Name This organization shall be known as CONGREGATION OHR TORAH, INC., a nonprofit religious corporation, located in the County of Middlesex, and the State of New Jersey. Article II Purpose Section 1: Congregation Ohr Torah has been established for the purpose of maintaining and conducting a synagogue in keeping with the dictates of the Written and Oral Law of the Torah as laid down in the Shulchan Aruch. Section 2: The Congregation and its members affirm their dedication to the instilling of a true and devoted reverence for Orthodox Judaism, to fostering Jewish knowledge and learning, to promoting the welfare of the members of the Congregation, to assisting in every way possible the Jewish community in which this organization is located, and to conducting its services and functions in a manner designed to inspire love and respect for traditional Judaism. These aims shall not be changed and it is understood that they form the basis on which the Congregation was founded and will continue to exist. Article III Membership Section 1: Any Jew, as defined by Orthodox Jewish Law, who has reached the age of eighteen (18), shall be eligible for membership. An applicant, who is Jewish and has a non-jewish spouse, shall be ineligible for membership. Section 2: All applications for membership shall be submitted to the Congregation in writing on a form provided by the Congregation and shall be signed by the applicant. All applications shall be reviewed and voted upon by the Membership Committee within 30 days of submission. Approval shall be a majority of the Membership Committee. The decision of the Committee shall be made known to the applicant. Section 3: Every member joining Congregation Ohr Torah shall acknowledge his/her acceptance of the principles on this Constitution which shall be made available to any and every member upon request. Section 4: In the event the applicant is rejected by the Membership Committee, the synagogue President shall inform the applicant of the reason for the rejection. Section 5: An applicant whose application has been rejected by the committee may appeal the decision to the Rabbi. The Rabbi will have the discretion to request the Membership Committee to reconsider the application. If the Membership Committee still rejects the application, and if the applicant still requests an appeal, the Governing Board will then be required to vote on the application within 90 days of receiving the request to review the

2 application. The Governing Board s decision will be by majority vote and the decision shall be made known to the applicant. Section 6: An applicant for membership, who has been rejected, may reapply after the passage of one year from the notification of rejection. Section 7: No member shall be entitled to vote in any election for officers unless the person has been a member for three (3) months prior to the date of that election. Section 8: It shall be the duty of all members to assist, obey, and respect the Rabbi and the officers in the discharge of their duties, to respect one another, to obey the guidelines set forth by this Constitution, and to work for the overall welfare of the congregation. Section 9: (a) (b) (c) Membership in COT shall be denied to the following: a man who refused to give his ex-wife a halachically valid GET more than 6 months after the marriage between the parties has been terminated by a valid civil divorce; or a woman who refuses to accept a halachically valid GET from her exhusband after the marriage between the parties has been terminated by a valid civil divorce; or anyone who has been directed by a duly ordained Beis Din to grant and/or accept a GET and who refuses to abide by the decision of the Beis Din. Section 10: If a member of COT is charged by his or her (ex)spouse with behavior of the type identified in Section 9, paragraph (a), (b) or (c) above, the membership of the member may be suspended pursuant to the filing of a complaint, in writing, with COT by the complaining spouse. Within two weeks of receipt of the complaint a Special Committee of COT shall be convened to determine whether the member charged with such behavior should be suspended from membership in COT. (a) Special Committee -- The special committee shall consist of the following: (i) (ii) (iii) the Rabbi of COT; the President of COT, or his representative; and the members of the Membership Committee of COT. (b) Hearing And Decision By Special Committee -- The Special Committee shall give the parties the opportunity to be heard and to present their case. After hearing the matter (which may include more than one meeting), the Special Committee shall determine by a vote of two thirds of the people voting whether to suspend the membership of the member charged with the behavior identified in Section 9, paragraph (a), (b) or (c). The Special Committee may also recommend (decide) that the suspended individual be denied the right to attend Shul services and/or meetings or functions of 2

3 COT until such time as the member rectifies the situation. The decision of the Special Committee shall be subject to ratification by a majority of the Governing Board of COT. A suspended member shall not be entitled to a rebate of any dues or contributions. (c) Non-Members -- A non-member charged with the behavior identified in Section 9, paragraph (a), (b) or (c) may be denied the right to attend services at COT and/or participate in any activities of COT by decision of the Rabbi, the President of COT and the majority of the Governing Board of COT. Article IV Categories of Membership Section 1: There shall be three (3) categories of membership: Regular, Associate, and Honorary. Eligibility for any category other than Regular is to be determined by the Membership Committee and approved by the Governing Board. Section 2: Regular membership shall consist of two subcategories: Regular Family and Regular Individual. Regular Family shall include husband, wife, dependent children and parents living in the same household. Each spouse shall have one vote. Regular Individual membership shall include any unmarried person not being a parent with dependent children. An individual member has one vote. Section 3: Associate membership shall consist of two subcategories: Associate Family and Associate - Individual. Associate membership shall be individuals or families who are full members of another congregation and may apply for this category upon approval by the Membership Committee. Associate members are not entitled to vote or hold office. Section 4: Honorary membership may be bestowed upon an individual or family by a 2/3 vote of the Governing Board upon the recommendation of the Membership Committee. Honorary members shall be exempt from paying dues but entitled to all privileges. Article V Dues Section 1: The Governing Board shall present for approval at the annual budget meeting of the Congregation, the recommended operating budget and the proposed dues for the fiscal year, and the method of payment of these dues, for approval by a majority vote of the members voting. Dues for the different categories of membership and other assessments of the organization shall be recommended by the Governing Board and approved by a majority vote. Section 2: All members failing to pay their dues within twelve (12) months after they are due, and after due notice shall have been given, shall be deemed to be in arrears and shall automatically be deprived of all rights and privileges of the organization, but not the privilege of attending religious services. 3

4 Section 3: The President and the Financial Secretary shall be empowered to reduce or waive dues of any member upon a showing of special circumstances. Section 4: All monies owed the Congregation by a member shall be considered dues and subject to provisions concerning same. Section 5: A member suspended for non-payment of dues who makes application for reinstatement may be reinstated by a majority vote of the Governing Board. The application for reinstatement must be accompanied by the amount of arrears for which the member was suspended. The Governing Board can, however, by a majority vote, waive any arrears. Section 6: Resignation by any member for any reason or situation by no means represents a forgiveness of the payment of the member s current or past obligations to the organization. Article VI Meetings Section 1: Regular meetings of the Congregation shall take place at least once per calendar quarter at a time and place designated by the President. Section 2: Special meetings may be called by the President or, in his absence, by a Vice President or by application by a majority of the Governing Board, or by the written request of a majority of the members of the Congregation. Section 3: Written notice of meetings shall be given or made available to the members of the congregation at least two weeks in advance. The notice shall contain the agenda/purpose of the meeting. Section 4: A vote of approval or rejection can be taken on only those items identified in the notice. New items/business can be brought up for discussion but cannot be voted upon at that meeting. If the issue is urgent, a special meeting, with notice, will be held. Section 5: exceptions: Only those in attendance at a meeting can vote. There are three A spouse may serve as a proxy vote for the other spouse. Absentee ballots can be accepted for election of officers. Through a process approved by the Governing Board, ballots can be accepted only for election of members of the Governing Board. All three exceptions are valid only if presented with signed approval by the person not present. 4

5 Article VII Quorum Section 1: Twenty (20) members, one of whom shall be the President or a Vice President, shall constitute a quorum for the purpose of conducting business at a meeting of the congregation. Article VIII Section 1: Administration The officers of the Congregation shall consist of: (a) (b) (c) (d) (e) (f) one President four Vice Presidents one Treasurer one Financial Secretary one Recording Secretary three Gabbaim Section 2: The Governing Board shall consist of: (a) (b) (c) (d) (e) the officers of the congregation (as listed above) the Past President President(s) of the Sisterhood President(s) of the Men s Club (if so existing) Members at Large Section 3: The Members at Large shall consist of a minimum of six (6) members. The number of Members at Large shall be increased by one for each additional fifteen (15) congregational household members over a base of 75 members. In no event shall the number of members-at-large exceed sixteen (16). Section 4: any one time. Article IX No member shall hold more than one elected office in the Congregation at Nomination and Election of the Governing Board Section 1: A Nominating Committee shall be appointed by the President every two (2) years, no later than 10 days after Rosh Hashanah. Section 2: The Nominating Committee shall consist of 5 members, at least 2 being members who are not members of the Governing Board. Section 3: The Nominating Committee shall prepare an initial slate of officers within 30 days after Rosh Hashanah of that year and mail its proposed slate to the membership at least 45 days before the election meeting. Section 4: Additional nominations for all/any positions may be made and submitted by the membership to the Nomination Committee. All further nominations shall be closed 14 days after the mailing of the initially proposed slate. 5

6 Section 5: A final nomination list shall be mailed to the membership at least 14 days before the election meeting. Section 6: The general membership meeting, at which the election shall be held, is to be held during the month of December. Section 7: No one may be nominated for any office or for the Governing Board unless the nominee shall have been a member in good standing for the year preceding such nomination. Section 8: (2) years. All members of the Governing Board shall be elected for a period of two Section 9: Candidates who are absent from the election meeting may be elected to office provided they have notified the Nominating Committee of their willingness to accept the office if elected. Section 10: counting of votes. The presiding officer shall appoint 2 Tellers to properly supervise the Section 11: The Recording Secretary shall announce the results at the meeting and record the results of the election in the minutes. Section 12: Election to office shall be by closed ballot. When more than one candidate is nominated for an office, the one receiving a majority of the votes cast shall be deemed elected. If no candidate for office receives a majority, the two candidates receiving the largest number of votes shall be balloted upon. The one receiving the majority of votes cast shall be deemed elected. Section 13: The installation of newly elected officers shall take effect on January 1 following the election. Article X Duties of the President Section 1: The President shall: a) present envisioned plans, expectation and suggestion to the Congregation; b) preside at all meeting of the Congregation; c) see that the By- Laws and standing rules of the Congregation and their usages are observed; d) ensure that the officers discharge their duties faithfully; e) appoint the chairman of all standing committees and special committees with the approval of the Governing Board; f) neither make nor second any motion while presiding; g) preserve order at the meeting and put all proper motion to a vote; h) not vote except for the election of the Governing Board or as the deciding vote in case of a tie. Section 2: The President shall have the power to authorize any single expenditure of a sum not exceeding two thousand five hundred ($2,500.00) dollars between regular meetings of the Congregation or Governing Board. Section 3: The President is empowered to appoint a Vice President to assume the responsibilities of the President in his absence. 6

7 Section 4: The maximum annual amount that the President and the Governing Board are authorized to include without the approval of the Congregation is not to exceed twenty five thousand ($25,000.00) dollars on an annual basis. Article XI Duties of the Vice Presidents Section 1: The Vice Presidents shall be present at all meetings and assist the President in the discharge of his duties. In the absence of the President, a Vice President shall assume power and authority vested in the President. Section 2: A Vice President shall perform those tasks assigned to him/her by the President or the Governing Board. Article XII Section 1: Duties of the Treasurer The Treasurer shall be empowered to pay Congregational bills by check. Section 2: The Treasurer shall issue an annual report of all transactions and the financial condition of the Congregation. Section 3: Treasurer s powers. The Governing Board may impose additional requirements over the Article XIII Duties of the Secretaries Section 1: It shall be the duty of the Financial Secretary to keep an accurate record of the business of the Congregation, receive all monies due the Congregation and transmit them to the Treasurer for deposit in the bank of the Congregation, taking proper receipts. This duty may be delegated to the Recording Secretary if desired. Section 2: The Recording Secretary shall keep accurate record of the proceedings, serve all notices to attend meetings and perform all similar duties that the Congregation may require. Section 3: The Secretaries shall be present at every meeting of the Congregation or shall appoint a member of the Governing Board to take his/her place and present all necessary records of their office. They shall deliver all books and other property under their care to their successors in office. Article XIV The Gabbaim Section 1: Three (3) Gabbaim shall be elected along with the other members of the Governing Board every two years. Section 2: The Gabbaim shall be present at services in the synagogue to supervise the religious services and shall designate persons who are to lead the services. 7

8 Section 3: The Gabbaim shall distribute aliyot and other synagogue honors. The Gabbaim shall have the responsibility for setting up a system to distribute the aliyot and other kibudim in an equitable manner. Section 4: The Gabbaim shall be empowered to promulgate and enforce regulations directed at maintaining decorum. The Gabbaim may recommend to the Governing Board that members who cannot or will not abide by the rules be excluded from the sanctuary. Article XV Duties of the Governing Board Section 1: The Governing Board of the Congregation shall have custody of all property belonging to the Congregation and shall manage the affairs of the Congregation, subject to its Constitution and By-Laws. Section 2: All officers, President(s) of the Sisterhood and Men s Clubs (if so existing), and all Members at Large shall serve in office for two years. All members of the Governing Board are eligible for reappointment by the election process. Section 3: The Governing Board shall have the right to conclude all contracts not exceeding ten thousand ($10,000.00) dollars. Contracts in excess of this amount must be confirmed by the Congregation at a general membership meeting. Section 4: The Governing Board shall have the power to suspend or expel any member for improper or immoral conduct or for violation of the rules of the Congregation. Section 5: Ten (10) members of the Governing Board shall constitute a quorum. Any ten (10) members of the Governing Board may appeal to the Congregation any decision or act of the Governing Board within 10 days. The appeal must be in writing, addressed to the President, whose duty it shall be to call a meeting of the Congregation within fifteen (15) days of the filing of such appeal. Section 6: The office of any elected member of the Governing Board who shall absent himself/herself from three successive meeting, without satisfactory excuse, may be declared vacant by the Governing Board. The President shall appoint a successor for the unexpired term, with the approval of the Congregation. Section 7: The maximum annual amount that the President and the Governing Board are authorized to include without the approval of the Congregation is not to exceed twenty five thousand ($25,000.00) dollars on an annual basis. Article XVI Vacancy of Office Section 1: Should a vacancy occur in any elected office (President excepted) by death, resignation or otherwise, the Congregation shall proceed to elect another member who shall serve for the remainder of the term for which the original incumbent was elected. Section 2: In the event of the death, resignation or vacancy of the office of the President, the Governing Board shall nominate one of the four Vice Presidents to serve as 8

9 interim President for a period not to exceed 60 days. The election of the replacement President shall be conducted in a manner consistent with the relevant provisions outlined in Article IX. Article XVII The Rabbi Section 1: The approval of a selection of a Rabbi must have at least 2/3 majority of the votes cast at the meeting called for that purpose. Once hired as Rabbi, his continuance, when subject to renewal, shall be approved by a majority of votes cast at a membership meeting. The salary of the Rabbi shall be negotiated between the Rabbi and a committee consisting of the President, the Treasurer, and one other member of the Governing Board to be chosen by the President. The contractual agreement, however, requires approval by a majority of votes cast at a membership meeting. Section 2: position. The Rabbi s duties shall include all functions traditionally allocated to that Section 3: He shall attend Services and shall be the authority for all religious aspects of such services and for all religious functions of the Congregation. Section 4: He may deliver sermons on Shabbat, Yomin Tovim and at such other times as the occasion may require. Section 5: He shall officiate at marriage ceremonies and funerals when requested. Section 6: He shall supervise the educational activities conducted under the sponsorship of the synagogue. Section 7: Additional specific duties of the Rabbi, not in conflict with the terms of this Constitution, may be incorporated in the contractual agreement arranged by the Congregation with the Rabbi. Section 8: No person may hold or administer the office of Rabbi in the Congregation unless he shall have true Rabbinical ordination (Smicha) from a recognized Yeshiva or authority. He shall be a pious and learned individual whose conduct and philosophy of life are consistent with the Shulchan Aruch as interpreted by those who gave him ordination. Section 9: Termination of the Rabbi s contract shall require a 2/3 majority of the votes cast at a membership meeting. Terms of the termination of the contract are to be worked out by a committee appointed by the President to consist of no more than 3 officers. The agreement is to be approved by a majority of votes cast at a membership meeting. If agreement cannot be reached between the Rabbi and the Congregation, the issue will be submitted for Rabbinical arbitration. 9

10 Article XVIII Employees Section 1: The Governing Board may employ such clerical and maintenance personnel as deemed necessary and shall determine the terms of their employment and duties, subject to the approval of the general membership. Article XIX Religious Worship and Conduct Section 1: All religious services, prayers and customs shall be conducted according to Orthodox ritual (Ashkenazic) as specified in the Shulchan Aruch and in accordance with other accepted orthodox authorities. Small secondary groups wishing to daven in accordance with Nusach Sfard may do so only with the approval of the Rabbi and the Governing Board. Section 2: Strict decorum shall be observed and enforced during all services. Section 3: No talking shall be permitted during services except when absolutely necessary and permitted by the Shulchan Aruch. Section 4: by the Rabbi. Controversies concerning religious worship and conduct shall be decided Section 5: No individual shall officiate at services at any time without the express authorization of the Gabbaim who shall act in accordance with established rules and regulations of the Congregation. Section 6: No individual shall be invited to address the Congregation during religious services over the expressed objections of the Rabbi or the President. Affiliated groups, such as the Sisterhood, shall consult with the Rabbi prior to inviting individuals to address their respective organizations. Section 7: It is expressly recognized by the founders and members of this Congregation that in as much as the principals of Orthodox Judaism are based on Divine authority, the rules governing the Divine worship in this Congregation are not subject to change by any vote or any action of the membership, Governing Board, or any other of its officials or employees. Section 8: Any dispute concerning a matter of Jewish law, Ritual Worship and structure of the House of Worship, including disputes between a majority of the members and a minority consisting of even one single member, where such controversy cannot be resolved or decided by the Rabbi of the Congregation, shall be referred to final, binding and conclusive determination by a committee of three Orthodox Rabbis to be agreed upon by both parties. Any and all costs incurred by the Congregation, due to the maintenance of such controversy, shall be borne by the losing party. Article XX Section 1: Committees There shall be the following standing committees: 10

11 (a) (b) (c) (d) (e) (f) House Committee Membership Committee Activities Committee Youth Committee Food Committee Ritual Committee Other committees may be formed and disbanded as the need arises. The President will present recommended committees for approval by the Governing Board. Section 2: The President shall appoint a chairperson for each standing committee within 60 days of the start of each term or creation of any new committee and shall report such appointments to the Governing Board. The chairperson will have the power to appoint whomever and however many committee members the chairperson deems necessary to the proper functioning of that committee. Section 3: The House Committee will be responsible for the physical repair and maintenance of the Congregation Ohr Torah building and site and they will provide custodial supervision. Section 4: The Membership Committee shall seek to secure applicants for membership. Approval or rejection of an applicant will follow the guidelines as set down in Article III. The Membership Committee shall be encouraged to promote efforts of welcoming new families into the community and to assist in helping their transition into the community. Section 5: The Activities Committee shall recommend and coordinate activities and program to enhance the Congregation and the community at large. Section 6: The Youth Committee shall arrange for, and deal with, all youth groups, youth leaders, and youth activities. Section 7: (a) (b) The Food Committee will consist of two parts: The Food Committee shall have the charge of permitting the use of the synagogue for various functions (e.g. Shabbos simchas). It will also be responsible for approval of outside caterers under the guidelines and approvals of the Rabbi and for all necessary contracts and agreements between the Congregation and the member and/or caterers. The Food Committee will arrange for the preparation, presentation, and clean-up of an in-house Kiddush or Shalosh Seudot. They shall also offer assistance to any authorized synagogue function where the use of food is employed. 11

12 Section 8: The Ritual Committee shall be made up of the Rabbi, the Gabbaim of all Shabbos morning Minyanim, the Teen Minyan supervisor and two other members. The purpose of the Ritual Committee is to help develop, modify and clarify issues of a religious nature as they pertain to the service and functioning of the synagogue. They shall also be responsible for religious artifacts of the Congregation and the proper care thereof. Article XXI Dissolution Section 1: This congregation shall not be dissolved as long as ten (10) members in good standing for five (5) years or more are willing to continue it. Section 2: In event of dissolution, the assets of the Congregation shall be distributed to an Orthodox congregation, Yeshiva or an Orthodox organization such as the Union of Orthodox Jewish Congregations. The intent being that the Congregation s assets should be held in trust for distribution only, and for the benefit of, another Orthodox congregation or Orthodox organization. Article XXII Merger Section 1: The Congregation may agree to merge with another Orthodox congregation. The assets of the Congregation shall then be transferred to the merged Congregation. Merger shall be effectuated upon receipt of the approval of 2/3 of the members voting at a special meeting called for that purpose. The special meeting shall be held at least 30 days after a preliminary meeting of the Governing Board or of the general membership. At the preliminary meeting, a majority of the Governing Board or of the Congregation shall have voted for the merger. Article XXIII Congregational Assets Section 1: The assets of the Congregation and all contributions or donation, whether of real, personal or mixed property, made generally or for any specific use to this synagogue, shall be deemed as made in trust under the express condition and for the unchangeable purpose of conducting an Orthodox synagogue. Each such contribution when received by the synagogue, shall be deemed received and accepted according to this condition an in furtherance of such trust. Section 2: In the event that the Congregation cannot be maintained as a viable Orthodox synagogue, its building and assets shall be turned over to another Orthodox congregation, organization, or institution such as the Union of Orthodox Jewish Congregations or the National Council of Young Israel which shall utilize such assets for the establishment or maintenance of other Orthodox congregations. Article XXIV Amendments Section 1: The following provisions of the Constitution shall be irrevocable and not subject to amendment, change or repeal: Article II Article XVII Sections 2, 8 12

13 Article XIX Sections 2, 3, 4, 5, 7 Article XXI Section 2 Article XXIII Section 2: Sections of the Constitution, other than those enumerated above, may be changed or amended provided that the amendment shall have been submitted in writing to a Constitution and By-Laws Committee. All proposed amendments to the Constitution shall be brought before the Governing Board for discussion and comment. Proposed amendments must be submitted to the general membership for a vote. Notices of proposed amendments shall be mailed at least 10 days prior to a membership meeting. Suggested changes will then be presented at the meeting and the recommendations of the Constitution and By-Laws Committee will then be given. Each change in the Constitution shall require a 2/3 majority of the votes cast at a membership meeting. Section 3: Any issue not provided for in this Constitution shall be subject to the provisions of Robert s Rules of Order. Section 4: This Constitution shall become law by its passage and shall supersede all existing Constitutions of the Congregation. Passage shall require acceptance by a 2/3 vote of those present and voting. NY v.6 13