Massachusetts State Council Knights
of Columbus
BY-LAWS
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
charge
d
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 priviledge 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 Counci, 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.
