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11


by-laws

Last updated Wednesday, May 30, 2007 08:44
Page 1
Delaware State Council
Knights of Columbus
Bylaws


ARTICLE I
Name


Section 1. Name ­ This organization shall be known as the Delaware State Council, Knights of Columbus, and shall be subject to, and governed by, the Constitution and Laws enacted by, and under the authority of, the Supreme Council of the Knights of Columbus.

ARTICLE II
Membership and Credentials


Section 1. Membership - The membership of Delaware State Council shall consist of the:

(a) Grand Knight and a Past Grand Knight, actually residing in the Jurisdiction, from each subordinate Council in good standing. If there is more than one Past Grand Knight, the Council shall elect one to represent it at the Annual Meeting of State Council (State Convention). A Council having no Past Grand Knight may elect any one of its Third Degree members in good standing as a representative of said Council in the State Council. Each subordinate Council shall elect alternates for its representatives in the State Council.

(b) State Officers and, by virtue of his office, the last living Past State Deputy. When the last living Past State Deputy is actually residing in another State or Jurisdiction, he shall thereby forfeit such right and his nearest predecessor actually residing in such State or Jurisdiction shall be entitled thereto.

(c) Past State Deputies, other than the last living Past State Deputy, and the District Deputies shall be permitted the privileges of non-voting membership in the State Council.

(d) Chairmen of committees of State Council shall be permitted the privilege of non-voting membership with a right to speak on questions pertaining to the functions of their particular committee.

Section 2. Credentials

(a) The Financial Secretary of each Council in the State shall prepare and certify the names of the delegates and alternates on forms furnished by the State Secretary, and shall forward same to the State Secretary at least 10 days prior to the State Council Meeting. Upon receipt of this form the State Secretary shall forward credentials to the Financial Secretary of each Council who shall deliver same to each delegate and alternate.

(b) The delegates, or in their absence, the alternates shall present credential forms to the Committee on Credentials at the Annual Meeting.

(c) All delegates must present their current Third Degree membership card for admission to any business session of the Annual Meeting.

Section 3. Roll Call of Delegates - The State Secretary shall prepare a roll of the names of all delegates and alternates on the credentials presented to him prior to the calling to order of the Meeting of State Council. This roll shall be the temporary roll of State Council until the Committee on Credentials Report has been submitted, and the permanent roll has been determined by the action of the State Council.


Section 4. Hearing on Credentials - In case of a contest on the credentials of any delegate or alternate, one member on each side may present evidence and arguments before the Committee. Each shall be allowed 5 minutes for arguments without special consent of the Committee.

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Section 5. Failure to Pay Assessments - Councils in arrears to the State or Supreme Councils for duly levied assessments shall not have the names of delegates placed on either the temporary or permanent roll of State Council.
The Council delegates must offer satisfactory proof of payment before they can be seated at any business sessions of State Council.

ARTICLE III
Meetings

Section 1. Annual Meeting - The Delaware State Council shall be convened annually by the State Deputy between the first day of April and the first day of June in the manner provided in the Laws of the Order governing State Council.

Section 2. Manner Conducted - The State Council shall be conducted in the Third Section and shall be open to all Third Degree members in good standing.

Section 3. Time and Place - The State Council shall fix the date and place of the State Council Meeting for the following year. If not accomplished, the State Officers shall fix the date and place.


Section 4. Sessional Committees - The Sessional Committees of the State Council shall be: Resolutions, Audit and Budget, Credentials, Elections/Tellers, Good of the Order and Bylaws.

Section 5. State Officers Meeting - At the call and discretion of the State Deputy, a meeting of State Officers, Council Officers, Committee Chairmen and Directors of State Council and subordinate Councils, and members at- large will convene at a designated time and place. These meetings are intended to provide understanding and promote support of State Council programs and shall be designated as "State Officers Meetings."

ARTICLE IV
Officers and Duties


Section 1. Officers - The Officers of Delaware State Council shall be: State Deputy, State Secretary, State Treasurer, State Advocate, State Warden, State Chaplain and the last living Past State Deputy residing in the Jurisdiction.

Section 2. Duties - The duties of Officers shall be those provided by the Constitution and Laws of the Knights of Columbus, these bylaws, and other duties as the State Council may direct.

(a) The State Deputy shall be the chief executive officer of the Order in Delaware. He shall preside at all meetings of State Council. He shall appoint all committees unless otherwise determined by State Council, and may appoint special committees between annual sessions when necessary. The State Deputy shall be, by virtue of his office, a member of all committees. He shall set up Districts in the Jurisdiction and appoint District Deputies. The State Deputy shall make a written report on the condition of the Order in the State of Delaware at the Annual Meeting of State Council.

The State Deputy shall countersign all warrants drawn and signed by the State Secretary and all checks drawn and signed by the State Treasurer. He shall be the custodian of the bonds of the State Secretary and the State Treasurer, if purchased.

The State Deputy shall have the authority to appoint an Executive Secretary and an Administrative
Assistant whose duties will be assigned by him.

(b) The State Secretary shall act as recorder at the Annual Meeting of the State Council. He shall prepare and furnish Credential forms to the Financial Secretary of each Council at least 60 days before the Annual Meeting of State Council. He shall have the proceedings of the State Convention recorded and furnish a written report, after certification by the State Deputy, to each delegate of the State Council and to the Supreme Secretary.

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He shall send notices of all assessments to subordinate Councils, and shall draw warrants on the State Treasurer for the payment of all debts due from the State Council. He shall receive and collect all monies due to the State Council, record and transmit to the State Treasurer.

(c) The State Treasurer shall be the custodian of all funds and securities of the State Council. He shall receive all monies from the State Secretary, keep a true and accurate account thereof, and in a timely manner deposit the same. He shall pay all warrants drawn upon him by the State Secretary and countersigned by the State Deputy.

(d) The State Advocate shall be the legal advisor to the State Council and the State officers in all matters pertaining to the Order referred to him. He shall act as Chairman of the Resolutions Committee and he shall monitor the progress of resolutions accepted at the Annual Meeting of State Council.

(e) The State Warden shall have charge of all the State Council property. He shall make certain that all members possess a current Third Degree membership card for admission to the Annual Meeting of State Council. He shall perform other duties as directed by the State Deputy.

(f) The State Chaplain shall be appointed by the State Officers, subject to the approval of the Ordinary of the Diocese of Wilmington. He shall have supervision over all spiritual matters in connection with State Council.

ARTICLE V
Expenses and Compensation


Section 1. Officer Expense Reimbursement - State Council Officers (Article IV, Section 1.) shall be allowed the sum of $125.00 to cover expenses during the current year. Delegates to the Supreme Convention, or Alternates replacing Delegates, shall be allowed a sum of $75.00. The Executive Secretary and the Administrative Assistant shall be allowed a sum of $75.00. The State Chaplain, if he attends, shall be reimbursed for expenses directly associated with his attendance at the Supreme Convention.

Section 2. Convention Committee ­ The Convention Committee shall be comprised of seven (7) members. The State Deputy and representatives appointed by each of the elected chair officers, specifically the State Deputy, State Secretary, State Treasurer, State Advocate, State Warden and the Immediate Past State Deputy, with the State Chaplain serving in an advisory capacity with regard to the religious aspects of the Convention. The Delaware State Council shall have complete financial responsibility for the Annual Meeting of the State Council.


Section 3. Insurance Coverage - State Council will pay the cost of providing appropriate liability coverage for sponsored events and organized functions.


ARTICLE VI
Elections

Section 1. ­ Order of Elections - Elections of all State Officers shall be by nomination and by ballot in the event of a contest. In the event that there is no contest of an office, the election of a State officer, upon motion from the floor, can be voted on by voice of the Delegates. The election of the State Deputy shall be first followed in like manner by the nomination and election of the State Secretary, State Treasurer, State Advocate and State Warden. Then shall follow the election of Delegates and Alternates to the Supreme Convention. By virtue of their offices, the State Deputy and the Immediate Past State Deputy shall be Supreme Delegates.

Section 2. - Manner of Balloting - The State Secretary shall call from the permanent roll as approved by the State Council and amended, and as each name is called in Council number order, that Delegate will deposit his ballot in the ballot box. Blank ballots will be provided for this purpose.

Section 3. Elections/Tellers Committee - The State Deputy shall appoint three Election/Tellers Committee members for the purpose of receiving, counting and verifying all ballots in the view of the delegates. They shall report the results to the State Deputy who shall announce the results. The Committee shall destroy ballots immediately upon the certification of the election by the State Secretary.

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Section 4. ­ Nominating Speeches - Nomination speeches for Offices of State Council shall be made by a Delegate, State Officer, Past State Deputy or District Deputy and shall not exceed five minutes. The seconding of nominations is restricted to the mention of the candidate and the name and Council number of the member of State Council
seconding the nomination.

ARTICLE VII
Assessments


Section 1. How Determined - The State Council shall annually levy a per capita assessment against the membership of the Order in the State as of July 1 st each year, as certified by the Supreme Secretary, for the purpose of defraying the expenses and obligations of State Council.

Section 2. When Payable - The State Secretary shall send to each subordinate Council a notice showing the amount of its assessment. One-half of the Council's annual assessment will be billed in July and the remaining one-half will be billed in January. All assessments shall be due and payable within sixty (60) days of receipt.

ARTICLE VIII
Funds and Finances


Section 1. - Deposits of Monies - The State Treasurer shall deposit all funds of State Council in a bank or banks to the account of "Delaware State Council, Knights of Columbus." Only banks approved by a majority of State Officers shall be used.

Section 2. ­ Receipts and Disbursements of Monies

(a) Receipts - All monies owing to State Council shall be paid by draft, check or money order shall be made payable to "Delaware State Council, Knights of Columbus." The State Secretary shall record each receipt and forward payments to the State Treasurer for deposit.

(b) Disbursements ­ The State Treasurer shall disburse State Council monies only upon receipt of warrants signed by the State Secretary and countersigned by the State Deputy. The State Deputy shall countersign all checks drawn and signed by the State Treasurer.

(c) Bonds ­ All bonds and securities of State Council that are purchased, sold or transferred shall require the signatures of the State Secretary, State Treasurer and State Deputy.

Section 3. ­ Record of Funds - The State Treasurer shall separately record the monies that belong to the different funds of State Council. Accounts shall be opened as follows: (a) General Account; (b) Special Account; (c) other such accounts as may be required and selected by a majority of State Officers.

Section 4. - General Fund - The General Account shall be the operating account to which all monies received by State Council for that purpose shall be deposited.

Section 5. ­ Special Fund - The Special Account shall be the non-operating account to which all monies received by State Council, as custodian, shall be deposited (e.g. Mission Breakfast, Seminarian Fund, Mental Retardation, Scholarship Fund, etc.). Funds in this account must be distributed only to the designated program.

Section 6. ­ Investment of Funds - All monies in excess of the amount required for operating expenses shall be deposited in an interest bearing fund at a reliable banking institution, or invested in securities which are approved for investment of the insurance funds by Supreme Council.

Section 7. ­ Seminarian Fund - All funds collected in excess of the amount donated to the Diocese of Wilmington for the education of seminarians shall be deposited in Supreme Council's "Christopher Fund." All withdrawals from the "Christopher Fund" shall be donated to the Diocese of Wilmington for the education of seminarians.

Page 5
Section 8. ­ Christopher Fund ­ The Christopher Fund has been established by Supreme Council to enhance earnings for state council charities. The Delaware State Council's participation will abide by the rules of the Christopher Fund. Monies contributed to the Christopher Fund will be matched by a contribution from Supreme Council on a dollar for dollar basis, to a maximum of $5.00 per member in the jurisdiction. Matching funds are contributed by Supreme Council to add to the earnings ability of the fund. These earnings are paid out by Supreme on an annual basis. The matching funds are not available for distribution to State Council. The earnings from the Christopher Fund will be deposited in a charitable corporation account from which distributions to the ultimate beneficiaries will be made.

The State Council may deposit funds for multiple purposes such as, but not limited to Seminarian Support or PSD Scholarships. Distribution of earnings from the Christopher Fund will be distributed for the intended purpose proportional to the funds deposited and matched for each fund. The State Treasurer will maintain an accounting for the purpose of determining the proportion for each purpose.

The fund is administered by the Delaware State Council Christopher Fund Committee. The committee shall consist of not more than six members and is chaired by the State Treasurer who maintains an accounting of the fund. Members shall include the chairman (directors) of the programs with funds invested. The State Deputy and Immediate Past State Deputy are ex-officio members. The State Deputy will appoint the additional member.


ARTICLE IX
Rules of Order

Section 1. ­ Robert's Rules - Robert's Rules of Order Newly Revised shall govern the Annual Meeting of State Council as applicable and not inconsistent with the Constitution and Laws of the Order and State Council.

Section 2. ­ Privilege of Floor - None but Delegates, Officers of State Council, District Deputies and Past State Deputies shall be entitled to the floor except by permission of a majority of Delegates at the Annual Meeting of
State Council. Committee Chairmen of State Programs shall be entitled to speak on questions pertaining to the functions of their particular committee.

Section 3. ­ Right to Vote - Only Delegates and Officers of State Council shall have the privilege of vote.

Section 4. ­ Discussion on a Motion - No member shall speak longer than five minutes on any motion, and only once on that motion until all others who wish to speak have had an opportunity.

When recognized by the State Deputy, each speaker shall state his name and the name and number of his Council.

Section 5. Resolutions - All resolutions must be submitted to the State Advocate at least sixty days prior to the Annual Meeting of State Council.

The Resolutions Committee shall consist of the State Advocate, three Past State Deputies, and two others appointed by State Deputy. The meeting of the Resolutions Committee shall be open to those Councils submitting resolutions and other Councils wishing to discuss them.

State Officers and Subordinate Councils may present resolutions. Resolutions submitted by Councils shall indicate the date the resolution was approved by the Council and shall be signed by the Grand Knight attesting to the Council's vote.

All Resolutions submitted by Councils, with actions by the Resolution Committee noted, will be distributed to all Councils prior to the Annual Meeting. Any consolidation of Resolutions should outline the consolidation and should be attached to the final resolution draft.

The Resolution Committee shall review and make a recommendation on each resolution properly submitted to the State Meeting. A majority vote of Delegates to the Annual meeting of State Council is required for approval of resolutions regarding matters other than bylaw amendments. Resolutions for bylaw amendments require a two-thirds vote.

Page 6

Copies of all properly submitted resolutions to be voted on shall be provided to all Delegates at the Annual Meeting of State Council.

Section 6. Quorum - A majority of the members of the State Council shall constitute a quorum for the transaction of business, but less than a majority may adjourn from day-to-day or may adjourn sine die after the completion of the regular order of business.

ARTICLE X
Order of Business


Section 1. The Order of Business at the Meetings of State Council shall be as follows:

1. Call to Order
2. Prayer
3. Pledge of Allegiance to Flag, or some other suitable patriotic display.
4. Examination of Traveling Cards
5. Communications
6. Report of Resolution Committee
7. Reports of State Officers
(a) State Deputy
(b) State Chaplain
(c) State Secretary
(d) State Treasurer
(e) State Advocate
(f) State Warden
(g) Immediate Past State Deputy

8. Other Reports *
(a) Committee Chairman
(b) District Deputies
(c) Grand Knights
(d) Unfinished Business
9. New Business
(a) Nomination and election of State Officers
(b) Nomination and election of Delegates and Alternates to the Supreme Convention.
(c) Other new business
10. Good of the Order
11. Prayer
12. Adjournment

* Reports of Committee Chairmen, District Deputies and Grand Knights shall be filed with the State
Secretary prior to the Annual Meeting of State Council. These reports shall not be read on the
Convention floor unless otherwise determined by the State Deputy.


ARTICLE XI
Amendments

Section 1. ­ Amendments - These bylaws, or any part thereof, may be amended at any Annual Meeting of State
Council by a vote of two-thirds of the Delegates present and voting.

Section 2. - When Effective - No amendment shall take effect until approved by the Supreme Board of Directors.

Section 3. ­ Suspension of Bylaws - These bylaws, or any part thereof, may be suspended at a meeting by
unanimous consent.

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Revisions to Article V, Section 2 and Article VIII, Section 8 approved May 2004 by Delegates to the Annual State Meeting. Same approved January 10, 2005 by the Supreme Board of Directors.



Bylaw Committee Members:

Ralph L. Rossi, SD (Ex-Officio)

John M. Raughley, PSD, Chair
Andrew M. Elisee, State Advocate

Kenneth H. Smith, PSD
Wayne H. Wilberding, FDD, PGK

 

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