CONSTITUTION OF, CB ISRAEL, CP Lafave

Tags: the Congregation, Annual General Meeting, fourteen days, meeting, notice, committee notice, deceased parents, committee members, special general meeting, seats, sub committee, decisions, Kehilla, financial institution, subcommittee members, constitution, terms and conditions, Keren Gemach, rules and regulations, Yamim Noraim
Content: CONSTITUTION OF KEHILLAT SHIVTEI YISRAEL ADOPTED AT A SPECIAL GENERAL MEETING OF THE KEHILLA HELD ON 27 APRIL 1999 (AND AS AMENDED AT THE Annual General MeetingS HELD ON 13 JUNE 2000, 11 JUNE 2001, 3 JUNE 2002, 9 JUNE 2003, 7 JUNE 2004 , 27 APRIL 2006 and 9 MAY 2007) 1
1 NAME The Congregation shall be known as "Kehillat Shivtei Yisrael" and shall be a separate legal persona distinct from its members. 2 RELATIONSHIP TO THE AMUTA The Congregation has been established as a branch of The Amuta "Beit Knesset Shivtei Yisrael" Ra'anana, in accordance with paragraph 22 of the rules of the Amuta. Subject to any requirements, which may be imposed by the registrar of Amutot, this constitution shall be substituted for the rules of the Amuta and all members of the Congregation shall be registered as members of the Amuta. 3 AIMS OF THE CONGREGATION The objects of the Congregation are to fulfill all the functions and purposes of a Jewish Orthodox Congregation in accordance with Halacha and traditions as laid down in The Shulchan Aruch, and as ruled by the Rabbinical authority of the Congregation in accordance with the Minhag Ashkenaz, Nussach Sefarad in Israel. Provided that the Congregation's financial position permits it, and that there is a candidate suitable for the position, the Congregation shall employ a Rabbi to lead it religiously and spiritually. Such appointment from time to time will be made subject to clause 13.6 of this constitution. 4 MEMBERSHIP 4.1 The members of the Congregation, who shall hold the rights and be subject to the obligations set out in this constitution, shall consist of: 4.1.1 Ordinary Members Any person over the age of 18, who is Jewish according to Halacha, and who resides in Israel for an aggregate period of at least six months in a Jewish calendar year, shall be eligible for acceptance as an ordinary member of the Congregation, subject to the completion of an application for membership in due and proper form. Provided that the Rabbi, (or in the event of no Rabbi having been appointed by the Congregation, the Religious Sub-Committee) and the Committee of the Congregation approve the application for membership, the applicant shall become a member on payment of annual dues in accordance with the provisions of rule 5.3 below, together with all building fund and/or building maintenance reserve fund contributions ("building fund contributions") 4.1.2 Non-Resident Members Any person over the age of 18, who is Jewish according to Halacha, but who resides in Israel for an aggregate period of less than six months in a Jewish calendar year, shall, subject to 2
the completion of an application for membership in due and proper form, be eligible for acceptance as a non-resident member of the Congregation. Provided that the Rabbi appointed by the Congregation (or the Religious Sub-Committee should no Rabbi have been appointed) and the committee approve the application for membership, the applicant shall become a member on payment of annual dues in accordance with the provisions of rule 5.3 below, together with all building fund and/or building maintenance reserve fund contributions ("building fund contributions") The number of seats allocated to non-resident members shall not exceed 10 % of the number of seats in the synagogue building. 4.1.3 Honorary Life Members Honorary life membership may be conferred at any general meeting of the Congregation on any person, who upon the recommendation of the committee, or of 10% of the members who would be entitled to vote at a general meeting and in the opinion of a two-thirds majority of those present and voting at a general meeting, has rendered meritorious service or extraordinary service to the Congregation. An honorary life member, unless he is a non-resident of Ra'anana, shall have the right to vote at general meetings of the Congregation and shall be eligible for election to the committee. 4.2 Spouses shall be considered individual members in all respects, but their liability for the payment of subscriptions shall be included with that of their spouses at the rate levied for married couples and all Congregational notices will be forwarded to them jointly. 4.3 Those being part of a members family shall enjoy the privileges and benefits of membership of the Congregation, save that they shall not have the right to vote at any general meeting of the Congregation or to be elected as a member of the committee of the Congregation. The following persons shall be deemed to be part of a family: Children below the age of twenty-five years who are not financially self-sufficient and who are part of the member's household. Children who are not financially self-sufficient and who are full or part-time students at a university or other post schooling educational institution. Children who are rendering either military or national service. A parent of a member who lives with such member and who is not financially selfsufficient. 3
5 RIGHTS AND DUTIES OF MEMBERS 5.1 All members, including non resident and family members, shall be entitled to purchase the right to use seats in the synagogue (if available) subject to all applicable rulings of the committee and to have access to such seats for the High Holidays at the rates determined by the committee from time to time and members shall be entitled to receive notice of all meetings, to receive a copy of the annual financial accounts, and to attend all general meetings of the Congregation. Ordinary members shall be entitled to vote at all general meetings of the Congregation and shall be eligible for election to the committee and subcommittees of the Congregation, (subject thereto that a member may only be nominated for, and be elected as a member of the committee after such member has been an ordinary member of the Congregation for a period of not less than two years). Non-resident members shall neither be entitled to vote at general meetings of the Congregation nor be eligible for election to the committee or any office of the Congregation. Where a non resident member has purchased the right to use any seat, he shall not be entitled to nominate or delegate any other person to use that seat whilst he, or the family member for whom such seat has been purchased, is absent from Israel. 5.2 All family members as defined in clause 4.3 above shall be entitled to purchase the right to use seats in the synagogue (if available ) 5.3 All members shall be obliged to pay annual membership fees, seat charges and any other dues (collectively "annual dues") in advance on the first day of every Jewish year, subject to such arrangements as the Committee may deem fit. All members shall also be obliged to pay building fund contributions on becoming members of the Kehilla subject to such arrangements as the Committee may deem fit. 5.4 A Member who is in arrears in the payment of his annual dues and/or his building fund contributions may not vote and may not be a member of the Committee of the Congregation. He may also be suspended or expelled from the Congregation on the recommendation of the Committee to the General Meeting for one of the following reasons: a. non-payment of dues; b. not obeying the rules of the Congregation or a decision of a General Meeting; c. working against the aims of the Congregation; d. having been convicted of a shameful offence; e. any other reason the Committee or Religious Sub-committee considers being against the interests of the Congregation. 4
Such action can only be taken after all alternative available steps and measures have been taken and the member has been given 14 days notice in writing by the Committee of the intent to take such action and the member has been given an opportunity to put his case before the Committee; in the case of Items a, b, c and e above he must also be given an opportunity to rectify the situation within a time specified by the Committee. 6 SEAT CHARGES AND ALLOCATIONS 6.1 Annual dues, building fund contributions and seat charges shall be determined by the Committee from time to time and changes to such charges shall first be approved by a General Meeting. 6.2 The Committee may recommend different annual seat charges for individuals, married couples, widows, young persons under 25 not financially self-sufficient and children, and may also reduce seat charges in special deserving cases. 6.3 Separate charges as determined by the Committee, shall apply for seats for the Yamim Noraim and such seats when available shall be offered and allocated first to a member who has purchased the right to use a particular seat and thereafter to members who have not purchased the right to use a seat. Remaining available seats shall be offered to members who wish to avail themselves of additional seats for family members and the balance of seats then remaining shall be offered to non-members. Members who have purchased the right to use particular seats and who do not reserve such seats for the Yamim Noraim by a date to be determined by the committee each year, shall not enjoy any preferential right to use such seat for the Yamim Noraim. 6.4 Subject to the provisions of sub section 6.3 above, allocation of seats to all members if and when available shall be in strict order of member's application for seats. 6.5 On the death of a member, a child of the deceased shall have the right to be allocated his/her deceased parents' seat at the applicable charge and where he or she is not already a member, he or she shall be required to become a member of the Congregation. Children under 18, not yet eligible to be a member, shall have the same rights to a deceased parents' seat at the applicable charge and upon attaining the age of 18 shall become a member, failing which, he or she shall be required to relinquish the seat. 6.6 The Committee shall use its best endeavors and take whatever action it may deem necessary to ensure that, for such length of time as the Committee considers reasonable during the course of the services conducted in the Synagogue, a seat rented to a Member shall not be occupied by any person other than the Member to whom the seat has been allocated. Such seat shall thereafter be available for use by any other person. 5
7 RESIGNATION OF MEMBERS A member may resign his membership at any time by giving to the committee notice in writing of not less than thirty days and shall at all times remain liable for all fees, seat charges and other dues for the current year as also for any further outstanding amounts. 8 MANAGEMENT 8.1 The affairs of the Congregation shall be governed and managed by a committee consisting of a Chairman and a Treasurer, both of whom shall be elected at the Annual General Meeting of the Congregation, as well as a further six members, who shall also be elected at the Annual General Meeting of the Congregation in accordance with the provisions of this constitution. Members of the outgoing committee can be re-elected but must retire for a period of at least one year after they have served on the committee for five consecutive terms of office. Additionally, in the event of the committee so deciding, and subject to his consent thereto, the outgoing chairman shall serve as an ex officio ninth member of the committee until the next Annual General Meeting. 8.2 The committee at its first meeting after assuming office shall appoint a Vice-Chairman, from amongst its members and shall further appoint a male member who will be responsible for matters of tefilah. This Committee Member will subsequently present to the committee for its approval his suggestions as to the appointment of gabbaim ­ male members of the committee or of the general membership of the Congregation to serve as the Gabbaim of all daily, Shabbat and Festival services conducted by the Congregation. Until new gabbaim are appointed, the previously appointed gabbaim will continue to serve. 8.3 The committee shall review the minutes of any general meeting of the Congregation for accuracy at the first committee meeting held after the production of such minutes. Such minutes shall in any event be produced and distributed within 30 days of the date upon which the Annual General Meeting was held. 8.4 The committee shall be empowered to appoint such sub committees as it may deem necessary, and to co- opt any person onto such sub committee, subject thereto that the majority of members of any sub committee shall be members of the Congregation. All decisions of any sub committees (other than those of the Gemach sub-committee) shall be subject to the confirmation of the committee. 8.5 Candidates for Chairman, Treasurer and committee membership shall be nominated and seconded and such written nominations shall be lodged with the secretary not less than ten days before the date of the Annual General Meeting together with a written acceptance of such nomination by the nominee 8.6 Should the number of nominees for the committee exceed six, the committee shall be elected by secret ballot under the supervision of at least two scrutineers appointed by the 6
chairman of the meeting and the scrutineers shall list the successful candidates in alphabetical order upon the conclusion of the election. This method of election shall also apply to the positions of Chairman and Treasurer should there be more than one nomination for either of these positions. 8.7 A voter shall not vote for more than six candidates for committee membership. 9 POWERS OF THE COMMITTEE The committee shall have power and authority to manage all the business of the Congregation, except such business as is specifically reserved for a general meeting of members. In addition but without in any way limiting the generality of its powers, the committee shall have the power to: 9.1 Invest the funds and assets of the Congregation in appropriate securities and in it's discretion to realize and deal with such securities. An appropriate security is defined as a capital protected investment offered by one of the top five Israeli banks. 9.2 Deposit the funds of the Congregation in any bank or similar financial institution in the name of Congregation. 9.3 Operate the accounts of the Congregation in any aforesaid bank or institution through the signature of any two of the authorized signatories, who shall also be empowered to sign all cheques and other negotiable instruments on behalf of the Congregation. 9.4 Acquire by purchase, lease, exchange, donation, or otherwise, any movable or immovable property, to alienate or dispose of any such movable or immovable property by sale lease, exchange donation or otherwise, subject to the provisions of clause 13.6 hereof. 9.5 Institute, defend, conclude a settlement of, or abandon any legal proceedings instituted by or against the Congregation. 9.6 Hold office until replaced by its successors in title. 9.7 Employ persons, fix their salaries and conditions of employment and to suspend and/or discharge them, subject to the provisions of clause 13.6. 9.8 Do all such acts as it may deem convenient, expedient or necessary for attaining the objects and furthering the interests and welfare of the Congregation. 9.9 Appoint authorised signatories. 9.10 Establish and administer a loan and charitable relief fund (Keren Gemach) ("the fund") subject to the following provisions: 7
The Annual General Meeting shall appoint a subcommittee (Keren Gemach sub-committee) consisting of the Rabbi of the Kehilla, the Treasurer of the Kehilla and one or more additional members of the Kehilla to administer the fund and to process applications for assistance. The committee shall retain the right to replace any such subcommittee members. The rules of strict confidentiality will apply to the deliberations and decisions of such subcommittee. 9.10.1 The fund shall maintain a separate banking account and the Keren Gemach sub-committee shall designate the authorized signatories of such banking account. 9.10.2 The Keren Gemach sub-committee shall determine the manner of operation of the fund and the manner in which applications for assistance are to be processed. 9.10.3 The financial accounts of the fund will be audited by the Kehilla's auditors and shall be reported on in the Kehilla's audited financial statements all subject to the strictest rules of confidentiality aforesaid. 10 MEETINGS OF THE COMMITTEE 10.1 The Chairman, failing him, the Vice Chairman and failing him, the treasurer shall preside at all meetings of the committee. In the event of none of these officers being present, the longest serving committee member shall chair the meeting. 10.2 All resolutions shall be decided by a show of hands and by a majority of the votes of those present or by a secret ballot if two members so request. A decision of a majority of committee members reached other than at a duly constituted meeting of the committee shall be as effective for all purposes as a resolution passed at such a meeting provided that such decision shall be duly recorded in the written minutes of the succeeding formal meeting of the committee. 10.3 A paid official of the Congregation shall not be entitled to vote at any meeting of the committee. 10.4 The committee shall meet on not fewer than six occasions in each calendar year and at a frequency of not less than every second calendar month. A quorum shall be five members. Accurate minutes of all meetings shall be kept and shall be signed by the chairman upon approval of such minutes. 10.5 At least five days notice, together with copies of the minutes of the previous meeting, shall be given to all members of the committee, unless the majority of the committee agrees to accept short notice. 8
10.6 Should the number of elected committee members fall below eight the committee may appoint other eligible members of the Congregation to fill any vacancies so created until the next general meeting of the Congregation. 11 RELIGIOUS SUB COMMITTEE 11.1 In the event that the Kehilla does not employ a Rabbi as its spiritual leader, the Committee shall elect three suitably qualified members of the Congregation to serve as a Religious Sub-Committee, and shall elect replacement for these three members, if the need should arise. The three appointed members of the Sub-Committee shall make decisions in consultation with the appropriate Halachic authority. In the event that a Rabbi has been appointed as the spiritual leader of the Kehilla, the committee may at its discretion appoint three members as aforesaid who together with the Rabbi shall constitute such a sub- committee. The Rabbi may, but shall not be obliged to, consult with the members of the Religious Sub-Committee before taking Halachic decisions. 11.2 The Rabbi shall receive copies of all notices circulated to members and can attend General Meetings of the Congregation but may not vote thereat. The Rabbi shall excuse himself from any meeting when requested to do so by the Chairman or by any person presiding at such meeting. 12 ANNUAL GENERAL MEETINGS 12.1 The annual general meeting shall take place not later than the last day of the month of Sivan each and every year on not less than twenty-one days written notice to members. Such written notice shall be accompanied by: 9
12.1.1 An invitation for nominations for the positions of Chairman, Treasurer and for members of the committee. 12.1.2 A list of committee members and the record of their attendance at committee meetings. 12.1.3 A copy of the treasurer's report, together with the financial statements for the year ending the previous December 31 and an income and expenditure budget for the following year. 12.1.4 Copies of resolutions or notices of motion to be submitted by the committee to the Annual General Meeting. 12.1.5 A list of members, including addresses and telephone numbers. 12.2 Amendments to notices of motion accompanying the written notice referred to in 12.1 above and any further notices of motion which shall be signed by both a proposing and a seconding member shall be lodged with the secretary not less than fourteen days before the date of the meeting and such notices of motion or amendments shall be sent to all members not less than seven days before the date of the meeting. 12.3 The annual general meeting shall deal with all issues customarily dealt with at such a meeting and without derogating from the generality of the foregoing the following matters shall be placed on the agenda of and shall be dealt with at the Annual General Meeting: 10
12.3.1 Discussion of the minutes of the previous Annual General Meeting, matters arising there from and the approval and adoption of such minutes. 12.3.2 Presentation and adoption of the chairman's report of the activities of the Congregation. 12.3.3 Presentation and adoption of the treasurer's report and of the financial statements for the year ending the previous December 31st. 12.3.4 Election of the Chairman and Treasurer and committee for the succeeding year. 12.3.5 Discussion of and voting in regard to resolutions and notices of motion. 12.3.6 The appointment of auditors 12.3.7 The appointment of the Keren Gemach sub-committee 12.3.8 The appointment of a Va'adat Bikoret comprising two members. 12.4 A quorum shall be a number of members corresponding to not less than ten percent of the members of the Congregation. In the event that no such quorum is present at the time the meeting is to commence or within one hour thereafter the chairman shall postpone the meeting for one week. The Annual General Meeting shall be held at the same time and place the following week (or on the first succeeding business day thereafter) and the eligible voting members present at the postponed meeting shall constitute a quorum. 12.5 Voting shall be by a simple majority of those present, except where otherwise provided and shall be by a show of hands, or by secret ballot either in the circumstances set out in clause 8.6 above, or if so requested by not less than 15% of those present and entitled to vote at such meeting. 13 SPECIAL GENERAL MEETINGS 13.1 The committee shall within fourteen days of receiving a request signed by at least ten percent of the members entitled to vote at a general meeting call a special meeting of members to discuss the business, and to consider and / or vote on any resolutions set out in such request. 13.2 The committee may at any time call a special general meeting, if deemed necessary or expedient, on fourteen days notice to members. 13.3 Notice to review and/or rescind any resolution passed at any general meeting shall be submitted in writing to the secretary and the committee shall thereafter convene a meeting for that purpose by notice addressed to members within fourteen days of receipt of such 11
notice provided that not less than fifteen percent of the members who would be entitled to vote at a general meeting shall have signed the notice and that such notice is submitted to the chairman within thirty days of the passing of the resolution which it is sought to review. No resolution shall be reviewed or rescinded at more than one meeting in any calendar year and unless a two thirds majority of those present and voting has voted in favor of such review or rescission. 13.4 Voting at all special general meetings shall be carried out in the manner specified in clause 12.5 above. 13.5 Notice of any meeting by the chairman or the committee may be given by prominently displaying such notice on the synagogue notice board. 13.6 The following matters shall require the approval of a general meeting of the Congregation: The employment of a Rabbi, renewal or non renewal of a Rabbi's contract or the dismissal of a Rabbi. The sale or alienation of any Sefer Torah, immovable property or of any movable property the value of which exceeds NIS 25,000. capital expenditure exceeding NIS 50,000 in respect of a single item or project or exceeding NIS 150,000 in any financial year. Any increase in annual dues, building fund contributions, seat charges or any other charges. 13.7 A general meeting of the Congregation, by a majority of two thirds of the members present and voting may condone any failure to comply with notice periods, or other technical requirements. 14 THE EXECUTIVE 14.1 The Executive officers, being the Chairman, Vice Chairman and Treasurer shall manage the day to day affairs of the Congregation, exercising such powers devolved upon them by the committee. The Executive shall meet at least once a month. 14.2 The chairman, failing him the vice-chairman and, failing him, the treasurer shall for all purposes be the functional head of the Congregation. 14.3 The committee shall have the power to fill such vacancies as may occur in the executive from time to time from other members of the committee. 12
15 binding force OF CONSTITUTION The signature on any application for membership shall bind the applicant to the Terms and Conditions of this constitution, to amendments from time to time, to all rules and regulations of the Congregation which have been, or which may hereafter be laid down and to any decisions of the Rabbi and/or the Religious sub committee. 16 AMENDMENT AND VALIDITY OF PREVIOUSLY ADOPTED RESOLUTIONS This constitution shall not be altered, amended, supplemented or rescinded except by resolution adopted by two thirds of members present and voting at a general meeting and subject to thirty days prior notice of such amendment. The adoption of this constitution shall not however affect the validity of resolutions previously adopted by general meetings of the Congregation, or of any decisions taken by the committee prior to the date of the adoption hereof, save that the provisions of this constitution shall prevail, to the extent that any such resolutions or decisions may conflict with the provisions hereof. 17 RULES OF DEBATE Save as may herein be provided to the contrary, the recognized rules of debate and procedure shall apply at all committee and general meetings. 18 LANGUAGE This constitution shall be translated and shall be made available to members in the Hebrew language. In the event that any conflicts or differences of interpretation should arise, the English language version will prevail. 19 ADOPTION This constitution was adopted at a special general meeting of the members of Kehillat Shivtei Yisrael held at Ra'anana on the 27th of April 1999. 13

CB ISRAEL, CP Lafave

File: constitution-of.pdf
Title: Shivtei Yisrael Constitution
Author: CB ISRAEL, CP Lafave
Author: Kehillat Shivtei Yisrael
Published: Wed Sep 10 16:17:14 2008
Pages: 13
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