Constitution of Congregation Ohr Torah
Constitution of Congregation Ohr Torah
Article IName
This organization shall be known as CONGREGATION OHR TORAH, INC., a non-profit religious corporation, located in the County of Middlesex, and the State of New Jersey.
Article IIPurpose
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 IIIMembership
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 theMembership 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 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:Membership in COT shall be denied to the following:
(a)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
(b)a woman who refuses to accept a halachically valid GET from her ex-husband after the marriage between the parties has been terminated by a valid civil divorce; or
(c)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)the Rabbi of COT;
(ii)the President of COT, or his representative; and
(iii)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 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 IVCategories 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 VDues
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.
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 VIMeetings
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:Only those in attendance at a meeting can vote. There are three exceptions:
- 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, e-mail 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.
Article VIIQuorum
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 VIIIAdministration
Section 1:The officers of the Congregation shall consist of:
(a)one President
(b)four Vice Presidents
(c)one Treasurer
(d)one Financial Secretary
(e)one Recording Secretary
(f)three Gabbaim
Section 2:The Governing Board shall consist of:
(a)the officers of the congregation (as listed above)
(b)the Past President
(c)President(s) of the Sisterhood
(d)President(s) of the Men’s Club (if so existing)
(e)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:No member shall hold more than one elected office in the Congregation at any one time.
Article IXNomination 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.
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:All members of the Governing Board shall be elected for a period of two (2) years.
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:The presiding officer shall appoint 2 Tellers to properly supervise the counting of votes.
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 officereceives 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 XDuties 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.
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 XIDuties 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 XIIDuties of the Treasurer
Section 1: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:The Governing Board may impose additional requirements over the Treasurer’s powers.
Article XIIIDuties 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 XIVThe 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.
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 XVDuties 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.