CONSTITUTION

AND BY-LAWS

of the

BERNSTEIN FAMILY CIRCLE, INC.

 

Preamble

 

In order to perpetuate the family tree of the descendants of Jacob and Celia Bern­stein, to serve the family by providing a place where they may gather socially and to advance the welfare of all those who may come under its influence, we dedicate our­selves to the task of establishing and maintaining a Bernstein Family Circle.

 

Article I

 

Name, Object and Purpose

 

 

Section 1. Name.

 

This organization shall be known as the “BERNSTEIN FAMILY CIRCLE, INC.”

 

 

Section 2. Object and Purpose.

 

The objects and purposes of this organization shall be as follows:

 

a)     To perpetuate the name of the Bern­stein Family Circle, Inc.

 

b)     To create a closer bond of fraternity, brotherly love and family relationship among its members.

 

c)      To afford a more frequent opportunity for the members of this organization to gather socially.

 

d)     To do such charitable work as may be deemed necessary or advisable.

 

e)      To provide burial grounds and bene­fits for the members of this organization.

 

f)       To advocate and uphold the principles of the Constitutions of the United States and of the State of New York.

 

Article II

 

Order of Business

 

 

Section 1. Order of business.

 

The order of business for each regular meeting shall be as follows:

 

a)     Call to order;

b)     Invocation;

c)      Pledge of allegiance to our flag;

d)     singing of our National Anthem and Hatikvah;

e)      Roll call of officers;

f)       Reading of minutes of previous meet­ing;

g)     Sickness and distress;

h)     Report of Sunshine Committee;

i)       Communications read and disposed of;

j)       Proposal of new members;

k)     Reports of other committees:

l)       Unfinished business;

m)   New business;

n)     Induction of new members;

o)      Bills read and referred;

p)     Good and welfare;

q)     Singing of family song.

 

Items “d”,   “o” and “q” are optional with the President.

 

Article III

Membership

 

 

Section 1. Members.

 

Any person having attained 18 years of age, who is a descend­ant of Jacob and Celia Bernstein, or the spouse of such descendant, or the child of such descendant, shall be entitled to full membership in this organization, unless otherwise provided, upon complying with all of the requirements provided for herein.

 

 

Section 2. Types of Membership.

 

a)     family membership: a family is a hus­band and a wife, and their unmarried chil­dren under 18 years, if any.

 

b)     individual membership: an individual is a single person 18 years of age or more, or a widow or widower having any unmar­ried children under the age of 18 years.

 

c)      affiliate membership: any member who moves from inside and thus resides outside a radius of 75 miles from Columbus Circle, New York City, may, at his option, retain affiliation with the organization, upon pay­ment of the required affiliate dues. Such affiliate member shall not be entitled to bur­ial or any of the benefits except the receipt of “The Tattler.” Upon such member return­ing as a resident of the New York City area, as defined above, he must then con­vert his affiliate membership into a full ­benefit membership of type (a) or (b) as defined therein, within one year of said return or is suspended.

 

d)     golden-age membership: any member in good standing having reached the age of 65 and who has been a full benefit mem­ber of the organization for the past fifteen (15) consecutive years, and provided the said member complies with all of the requisite by-laws of the organization, shall be entitled to all of the benefits and privi­leges of the organization.

 

e)      children of deceased parents: provided the parents of a child under 18 years of age were in good standing at the time of their death, such child shall receive all of the benefits of the organization as a member in good standing.

 

f)       honorary membership: such member­ship, created as thereinafter provided in Section 6 of this Article, shall not entitle the holder to burial or any other benefits, privileges, rights or other interest in this organization,

 

 

Section 3. Dues.

 

The annual dues are: $20 for a family membership; $10 for an indi­vidual membership; $2 for an affiliate mem­bership; golden-age members are exempt from the payment of dues. Dues are payable in advance, commencing January 1, in annual, semi-annual or quarterly install­ments. Each proposal for membership shall be accompanied by not less than one-fourth of the annual dues.

 

 

Section 4. Induction of new members.

(Metropolitan New York City residents)

 

Any new member of the Bernstein Family Circle, Inc. must be inducted into the organ­ization within one (1) year from the date of the proposal for such membership. If the said new member does not submit himself for induction within the above prescribed time, the Board of Governors shall have the power to recommend to the membership the suspension of said new member for failure to comply with the provisions of this section.

 

 

Section 5.    Induction of new members.

(residents outside Metropolitan New York City)

 

Any new member residing outside of the Metropolitan New York City area as defined in Article III, Section 2 (c), need not be inducted in the manner prescribed in Section 4 of this Article, but in lieu thereof a written application signed by such mem­ber and countersigned by a duly elected officer must be submitted to the Bernstein Family Circle, Inc. within one (1) year from the date of such membership. In the event the said new member does not comply with the provisions hereof, the Board of Gov­ernors shall have the power to recommend to the membership the suspension of such new member.

 

 

Section 6. Honorary membership, how created.

 

An honorary membership in this organization may be created in the following manner:

 

a)     the Board of Governors, by a two­ thirds vote of the members present at the Board meeting, shall first approve the grant­ing of same.

 

b)     the proposition then shall be submitted to the membership at the next regular meet­ing following the publication of the proposi­tion in the “Tattler”.

 

c)      at such regular membership meeting the proposition shall require a two-thirds vote of the membership present.

 

 

Section 7. Legal severance.

 

If the marriage of a blood descendant of Jacob and Celia Bernstein and his spouse be legally ter­minated during their lifetime, the spouse who is not such blood descendant shall no longer be entitled to membership.

 

 

Section 8. Voting rights.

 

A member in good standing shall be entitled to vote as follows:

 

a)     individual membership: one vote;

 

b)     family membership: the husband and wife shall each have one vote.

 

 

Section 9. Balloting.

 

All voting for election of officers shall be by closed vote only; all other voting shall be by open show of hands, or by closed ballot if so requested by any member in good standing and if approved by a majority vote of the mem­bership present. A request for a closed bal­lot is not subject to debate or discussion and shall be considered by a show of hands vote.

 

 

Section 10. Majority vote.

 

The majority of the members in good standing voting shall decide any issue, except as otherwise provided for in the Constitution and By-laws.

Article IV

Privileges and Benefits of Membership

 

Section 1. Privileges.

 

A member in good standing, except an affiliate or honorary member, shall be entitled to the following privileges:

 

(a)   the right to vote at all meetings of the organization, in accordance with Article III, Section 8.

 

(b)   to be eligible for election as an officer or as an appointee to the Board of Gov­ernors.

 

(c)    to participate in all activities of the organization.

 

 

Section 2. Benefits.

 

A member in good standing, except an affiliate or honorary member, shall be entitled to the following benefits:

 

a)     burial on one of the organization cemetery grounds as hereinafter provided.

 

b)     such other benefits the organization may, from time to time, make available.

 

 

Article V

Suspension of Members

 

 

Section 1. Suspended member.

 

(a)   a member in arrears in the payment of dues for a period of three (3) months following written notice by the Financial Secretary at the beginning of the next quar­ter, as such notice is hereinafter provided, is subject to suspension.

 

(b)   a member who owes the organization any moneys collected and belonging to the organization for a period exceeding three (3) months, and fails to remit same to the organization upon written demand, by certi­fied or registered mail from the Financial Secretary, is subject to suspension.

 

(c)    such affiliate member whose suspen­sion is provided for in Article III, Section 2(c)­.

 

 

Section 2. Method of suspension.

 

Any member subject to suspension under Section 1 of this Article is deemed suspended upon the receipt of a registered or certified letter, return receipt requested, of such suspension from the Financial Secretary.

 

 

Section 3. Reinstatement of suspended Member

 

A suspended member shall be re­instated in good standing in the following manner:

 

(a)   if the suspended member is in arrears of dues for one year or less, by paying all arrears of dues together with all other monies owed this organization; or

 

(b)   if the suspended member is in arrears of dues for more than one year, by paying all arrears of dues together with all other monies owed this organization, and dues in advance for the next quarter; or

 

(c)    if the next of kin of said suspended member shall enter into a written agreement with this organization guaranteeing the pay­ment of the arrears and other monies that may be due the organization. The Board of Governors shall fix the amount and period of such payment if made in installments; in the event of the death of the said sus­pended member prior to the full payment herein required, the balance still due to the organization shall immediately become due and payable and the next of kin shall pay said balance in full. The issuance of a per­mit to open a grave for the deceased sus­pended member shall be contingent upon the full payment required herein.

 

 

Section 4. Officer’s responsibility as to suspended member.

 

Any officer who fails to exercise due diligence and gives any benefit to a suspended member shall be responsible for same and subject to other penalties as provided herein.

 

Article VI

Board of Governors

 

 

Section 1. Composition of Board.

 

(1)   The Board of Governors shall consist of one member from each branch of the Circle appointed by that particular branch.

 

(2)   The President, 1st and 2nd Vice Pres­idents, Seargent at Arms, Assistant Seargent at Arms, Treasurer, Finan­cial Secretary, Assistant Financial Secretary, Recording Secretary and all past Presidents shall serve as members of the Board of Governors with full voting powers.

 

(3)   (3)   (b)   Before the commencement of each meeting of the Board of Governors, the Chairman shall be notified as to which member is to represent his branch, and the member so desig­nated shall be entitled to one vote at Board meetings.

 

 

Section 2. Election of Board of Governor Officers.

 

The Board of Governors at its annual regular December meeting shall elect a Chairman and a Vice-Chairman for a term of one (1) year, to commence January 1st following.

 

 

Section 3. Duties of Chairman of Board of Governors.

 

The Chairman of the Board of Governors shall conduct the meetings of the Board and shall enforce the Constitution and By-Laws of the organization.

 

 

Section 4. Duties of Vice-Chairman of Board of Governors.

 

The Vice-Chairman of the Board of Gov­ernors shall on the absence of, or vacancy in the office of Chairman, assume all of the duties and responsibilities incumbent upon that office.

 

 

Section 5. Conduct of Board of Governors Meetings.

 

The Board of Governors shall conduct its meetings in accordance with the Laws of the State of New York, the By-Laws of the Bern­stein Family Circle, Inc., and Robert’s Rules of Parliamentary Procedure.

 

 

Section 6. Powers of the Board of Governors.

 

The Board of Governors shall have the power to:

     

(a)  Manage, invest and control the monies, personal and real property and effects of the organization in conjunction with the Financial Committee and other committees which may be appointed for that purpose.

 

(b)  Expend any sum up to the amount of $50.00 without the consent of the mem­bership of the Circle.

 

(c)  Remit the whole or any portion of such dues and assessments according to its best judgment in hardship cases.

 

(d) Fix the fiscal year of the Circle.

 

(e)  Consider and vote upon any proposi­tion involving the expenditure of more than $50.00; in which case, and in the case of action pursuant to sub-paragraph (a) of this section, such action of the Board of Governors shall be subject to the approval of the general membership at the next regu­lar membership meeting following the pub­lication of such action or proposal in the “Tattler”.

 

 

Section 7. Meetings of the Board of Gov­ernors.

 

The Board of Governors shall meet at least once every month at 8:30 P.M., except during the months of July and August. A special meeting of the Board of Governors may be called at any time upon five days’ notice by the Chairman of the Board. He shall specify the object of the meeting in writing prior thereto.

 

 

Section 8. Quorum at Board of Governors meetings.

 

Eight members shall constitute a quorum.

 

Article VII

 

Nomination and Election of Officers

 

 

Section 1. Nomination of Officers.

 

Nominations of all officers shall be made by a Nominating Committee which shall consist of all past Presidents of the Bernstein Family Circle.

 

 

Section 2. Duties of Nominating Com­mittee.

 

It shall be the duty of the Nominating Committee to submit a slate of one nominee for each office to the membership at the regular meeting in April and said nom­inees shall be duly nominated for their respective offices.

 

 

Section 3. Acceptance of Nomination.

 

No nomination shall be considered for vote by the membership unless the nom­inee consents to such nomination, either in writing to the President not later than ten days after such nominee has been notified in writing by the President of such nomina­tion, or accepts in person at the general meeting at which he is nominated.

 

 

Section 4. Nominations by Membership.

 

The membership may nominate other nominees for the various offices at the meet­ing in April, and may make such other nominations as necessary at the May meet­ing, in the event any previously nominated candidate has not accepted his nomination.

 

 

Section 5. Publication of Nominees.

 

Any members nominated pursuant to this Article shall be published in the “Tattler” not less than 10 days before the regular meeting at which the election is to take place.