CONSTITUTION and BY-LAWS
CHENSTOCHOVER AID SOCIETY
1.1 The Society shall be designated the “CHENSTOCHOVER AID SOCIETY”, and shall consist of such persons as shall be elected members in accordance with the regulations hereinafter stated.
2.1 The seal, an impression of which is affixed hereto, shall be the seal of the Society.
3.1 The objects of the Society shall be to undertake and transact any class of insurance for which a mutual benefit society may be licensed under the provisions of the INSURANCE ACT to pay sickness or disability and funeral benefits and to do all such other things as are incidental or conducive to the attainment of the above objects.
Qualifications for Membership
4.1 Members must be of the Jewish faith, not less than eighteen (18) years of age or over forty-five (45) years of age at entry into the Society, unless otherwise approved by the Executive Committee, not suffering from any infirmity and passing a duly qualified medical examination. Every person desiring to become a member of this Society shall sign an application form as provided by the Society which shall be his part of the contract of membership between him and the Society.
4.2 The proposition fee must accompany the application, which must be presented to the Society by a member in good standing.
4.3 The applicant must present himself to the Executive Committee or at a general meeting.
4.4 All applications shall be voted on by an open ballot at a general meeting and if approved, the candidate may be admitted as a member; should a majority vote against him, he shall be declared rejected; if a request for a new vote be made, the vote shall be immediately retaken, and if a majority vote is again cast against him, the candidate shall finally be declared rejected and no other vote shall be taken on his application for six months.
4.5 Every candidate accepted must be initiated at the next general meeting (or as the Executive Committee otherwise determines) after he has received notice of his acceptance, or forfeit the fee, and in case he still desires to become a member he must be re-proposed, and must reapply.
5.1 The Executive Committee of the Society shall be: Past President, President, Vice-President, Recording Secretary, Treasurer, Sick and Disability Officer, three Trustees, Social Chairman, Chairman-Cemetery Committee and UJA Chairman. Any member whose dues are fully paid shall be qualified to be an officer of the Society.
5.2 The Executive Committee shall establish such committees as are required from time to time.
5.3 Seven members of the Executive Committee shall form a quorum for the transaction of the business of the Society.
Duties of Officers
6.1 The President shall preside at every session of the Society and shall have the general charge and conduct of the meetings of the Society and shall call the meeting to order at the appointed time, announce the order of business, give information when referred to on a point of order or usage, name members of committees when no other provisions are made for their appointment, enforce the observance of the rules of order, represent impartially the will of the Society, and sign all acts, orders or other proceedings of the Society. In an ordinary vote he shall have the casting vote if it be a tie, and when the vote is by ballot he shall have the privilege of voting. If any errors be discovered in the ballot, he may call for another ballot without debate.
6.2 In the absence of the President from the chair, the Vice-President will act in the place and stead of the President. In the absence of the President and the Vice-President, a Trustee shall preside at the meeting of the Society and shall act in the place and stead of the said President or Vice-President.
6.3 The Vice-President shall during the regular meetings announce the order of business and preside at all executive meetings.
6.4 The Financial Secretary shall keep a record of all monies received or paid out and shall make a financial report of the financial affairs of the Society at every regular meeting of the Society if called upon by the President to do so, and shall issue all cheques and shall be responsible for all monies received until such time as same are duly turned over to the Treasurer of the Society.
6.5 The Financial Secretary shall notify all members previous to each quarterly meeting of their indebtedness to the Society. The Financial Secretary shall submit a financial statement for the year when it becomes available from the Society’s auditor, showing particulars as required by the Ontario legislation. The Financial Secretary shall attend and produce books and vouchers when called upon to do so by the President or the Society’s auditors. The Financial Secretary shall at the end of each meeting turn over to the Treasurer the balance of money in his possession.
6.6 The Trustees shall have the responsibility of examining all records, monies, etc., and shall sit as Executive Committee members at large.
6.7 The Recording Secretary shall keep a record of all members of the Society and minutes of all meetings of the Society and he shall carry on all the correspondence and shall have charge of all the records and seals and summon special meetings on the order of the President, or on receipt of petition as hereafter provided, notify all candidates of their election or rejection. In his absence, his place may be filled by the appointment of a member to sit pro tempore.
6.8 The Treasurer shall be in charge of all the funds of the Society and it shall be the duty of the Treasurer to keep the funds of the Society deposited in a chartered financial institution of Canada until invested. All cheques issued shall be signed by two of the Treasurer, the President, the Vice-President and/or a Trustee. The Treasurer shall report at each regular meeting of the Society the amount of funds on hand, if called upon by the President to do so.
6.9 The Executive Committee shall examine all bills and pass them for payment.
6.10 It shall be the duty of the Sick and Disability Officer to visit all reported cases of sickness and disability amongst the members of the Society. It shall also be the duty of the Officer to make a report on anyone entitled to or claiming benefits from the Society, either through sickness or through the death of any member and to make a report to the Executive Committee in connection therewith.
6.11 It shall be the obligation and responsibility of all Executive Committee members to visit all sick members.
7.1 The Executive Committee shall make such disposition as is required in regard to charitable donations, officers’ salaries, and expenses in general.
8.1 Every applicant for membership shall pay with his application a non-refundable application fee of $25.00.
8.2 The applicant upon acceptance into the Society shall be liable for an initial cemetery fund contribution and the dues therefor shall be determined by the Executive Committee. The said amount must be paid during the first two (2) years of membership in the Society. The Executive Committee may, in their discretion, reduce or waive the said amount, and/or increase the time for payment.
9.1 The Society, on the recommendation of the members of the Executive Committee, may levy an assessment in addition to the regular dues. Every assessment levied by the Executive Committee members of the Society shall be payable together with the payment of the following quarterly dues.
9.2 There shall be a special assessment to each member on the death of a member of the Society.
10.1 The Society shall hold at least one annual general meeting, at which the business of the Society shall be regularly carried on providing there is a quorum present.
10.2 Special meetings of the Society may be called at the request of twenty (20) members of the Society providing their dues have been fully paid up and when the special business for which the special meeting is called shall be carried on providing there is a quorum present, and any member who signs his name on a petition to call a special meeting must be present in person and if he is not present, he shall be fined $10.00.
10.3 The quorum for a general meeting or any special general meeting shall be one-tenth of the membership of the Society.
10.4 Other meetings of the members whether special or general may be convened by order of the President or the Vice-President or Executive Committee at any time and for any place.
10.5 At least two (2) days’ notice specifying the place, day and hour of every special meeting shall be called by post, specifying the nature of the business to be considered at the said meeting.
10.6 Nominations and election of officers shall be held at a general meeting and the elections shall be voted on by open ballot. The candidate receiving the most votes shall be elected to the office for which he is nominated. For the purpose of counting the ballots at the nomination of officers there shall be three scrutineers appointed by the presiding officers and the report of the scrutineers shall be final.
10.7 The officers duly elected by ballot as aforesaid shall be installed at the next meeting following the election. Every duly elected officer shall be present at the installation unless unavoidably absent through sickness or any other cause over which he shall have no control. In case of the absence of a duly elected officer at the installation of officers, the presiding officers may declare the said office vacant and thereupon receive nominations for the said office. The election in such case will be held at the next general meeting. The officer formerly elected will be eligible for re-election without renomination. Any officer duly elected to an office in the Society may be removed from office on motion made at a regular meeting and duly seconded and carried if he fails to attend three consecutive meetings of the Association or for misbehaviour on information filed by member whose fees are paid up. The said information shall be filed with the Recording Secretary and the information shall be dealt with at a meeting of the members of the Society at which the officer against whom, the information is laid shall be notified to be present and on a majority of the members voting to have the officer removed from office, the said officer shall be accordingly removed and the office declared vacant. Nomination and election in such case to be held as in the case of an office being vacated through failure of an officer to attend the installation of officers.
10.8 Any member desiring to address the meeting must rise and address the presiding officer, who shall allow only one member to speak at one time.
10.9 Interruptions are out of order, and are liable to be punished unless on a point of order. A member may interrupt the speaker to communicate information which is essential to the Society.
10.10 No member shall be nominated for office during his absence, unless nominator can present a note from the nominee giving consent to run for office.
10.11 No member shall be nominated for any office, except that of Financial Secretary, unless he has been a member of the Society for at least six months.
10.12 All officers are to hold their positions for two years consecutively. At the end of the two year period, a new election shall be held.
10.13 Only members attending a meeting are entitled to vote.
10.14 Any former member may reapply to the Society upon payment of the $25.00 application fee to the Executive Committee and by making formal application to be reinstated and the Executive Committee shall set and determine the fee payable and the terms of re-entry.
11.1 Any member who disrupts a meeting shall lose his right to take part in any discussions at meetings for as long as the Executive Committee decides, and also his right to attend the meetings may be suspended if he is considered as a disturbance to the meeting.
11.2 When a member is requested to appear at the Executive Committee Meeting, to give an explanation with reference to some allegation against him, he shall be notified three successive times, each time by registered letter mailed to his address of record with the Society Secretary, to appear before the Executive Committee and should he not appear before the Executive Committee at such third meeting, the Executive Committee shall have the right to consider and to deal with the allegation in his absence including the right to expel him from the Society upon motion duly carried.
11.3 Any member of the Executive Committee or any member of the Society attending an Executive Committee Meeting, who discloses opinions expressed by the Executive Committee in debates at the Executive Committee Meetings, shall be dismissed from his office forthwith (if an Executive Committee Member) or shall be penalized by the Executive Committee in such a manner as the Executive Committee may deem reasonable and advisable.
11.4 Every officer who leaves his office in the middle of his term or resigns soon after his election, without any sufficient reason, shall not be nominated at the second term for any office.
11.5 Any decision made by the Executive Committee regarding fines, suspensions, expulsion, or any other penalties, may be appealed and may be overturned by two-thirds (2/3) of the members present at the next general meeting.
Funeral & Funeral Benefits
12.1 Every member who is a member in good standing at the time of his or her death is entitled to a funeral plot at the Society’s cemetery.
12.2 In the event of any member dying, having his dues and assessment fully paid, the Society shall pay to the surviving spouse, or if no surviving spouse, to the bereaved family, a death benefit in an amount determined by the Executive Committee from time to time, provided however, that no funeral benefits shall be paid unless the member has been in continuous good standing for a period of not less than six months. The death benefit will only be paid to the surviving spouse or to the bereaved family after a monument has been erected to the deceased member.
12.3 In the event that the surviving spouse of the deceased is not a member, then the surviving spouse shall pay into the Society an amount as determined by the Executive Committee from time to time, annually, to assist in the upkeep of the cemetery.
Sick and Disability
13.1 Every member of the Society who has been a member of the Society for at least six (6) months and who has his dues and assessments paid and is a member of the Society in good standing, is entitled to the following benefits in case of sickness or disability. If the said member is unable to follow his usual occupation through sickness or disability, he is entitled to receive Ten ($10.00) Dollars per week sick benefit for a maximum of Six (6) weeks of continuous sickness. If a period of a year or more elapses between the commencement of two attacks of sickness, the member will be entitled to benefits again. In no event is any member to receive more than Six (6) weeks’ benefit in any one year. In no event shall the total aggregate paid to any one member for sick benefits exceed $10.00 per week. In no event shall a member who is retired or not employed prior to a sickness or disability be entitled to a sick or disability benefit.
13.2 No member shall be entitled to any benefit whatsoever for the first week of his incapacity, except in the case where a member is entitled to further benefit for his incapacity by reason of not having utilized his full six weeks’ benefit in any one year, in such case only where the first week has already been deducted, will the period of benefit commence immediately from the date of the second or later period of illness.
13.3 The claiming member must present a certificate of a physician and the Trustee and the Sick and Disability Officer certifying to his inability to follow his usual employment.
13.4 No sick benefits shall be paid to any member who has not been ill a full week.
13.5 In the event of sickness the sick member shall notify the Recording Secretary or the Sick and Disability Officer within twenty-four hours and if away from home, such notice shall be given in writing.
13.6 Any member who is in arrears of payment of dues or assessments for six (6) months may be suspended or his membership in the Society cancelled.
13.7 The beneficiary member who has become non-beneficiary through delinquency will be reinstated and entitled to benefits only after the expiration of thirty (30) days from the date of payment of his arrears. Provided, however, that such reinstated member shall not be eligible for benefits accruing in respect of the period of disability.
13.8 No member shall be considered in arrears until 30 days of grace shall have elapsed from the date when the bill is delivered by the Secretary.
13.9 Provided that the Executive Committee may, if they deem it advisable in their absolute discretion, in any particular case, extend the period in which a member may be in arrears of payment of dues or assessment for such period over and in excess of thirty (30) days as the said Executive Committee may determine.
13.10 No member shall be entitled to receive benefits for any concealed or undisclosed diseases which existed at the time of his admission to the Society.
13.11 A member who is in arrears or suspended, shall not be entitled to any benefit whatsoever.
Expulsion for Crimes
14.1 A member may be expelled for the following reasons by a majority of two-thirds of those present at a special meeting called for this purpose:
a. when he is found guilty in a Court of Justice for a criminal offence;
b. when he is found guilty of having committed a wrong against the Society twice;
c. for immoral behaviour;
d. for being a drunkard in public or for using narcotic drugs;
e. when he is a disturbance to the Society.
f. when he did not appear before the Executive Committee to explain the allegation brought against him by a member in accordance with the provisions of paragraph 12.2.
15.1 The funds of the Society shall be deposited in a chartered financial institution of Canada or invested in securities in which, under the Trustee Act, trustees may invest trust funds and shall only be paid out on authority of the Executive Committee.
16.1 Amendments to the constitution and by-laws of the Society shall only be made after notice thereof shall be given to the Recording Secretary and circulated to the members of the Society at the next general meeting and the said amendments shall only be adopted after they have been accepted at a general meeting by at least two-thirds of the members present at the said general meeting of which due notice shall have been given.
17.1 An auditor shall be hired annually, whose duty shall be to examine and audit all books, vouchers and accounts of the Society and all documents having reference to the business thereof, and who shall be supplied with a list of all books kept by the Society and with a copy of the balance sheet and abstract of the affairs thereof and it shall be his or their duty to examine the same and make a report to the Executive [Committee] as soon after the close of the financial year as possible, for submission to the members at the annual meeting, together with such suggestions or recommendations as he or they may think fit, and the remuneration to the auditor thereof shall be determined by the Executive Committee.
18.1 The Society shall have the right to pass by-laws from time to time.
18.2 The By-laws shall be proposed by the Executive Committee and approved by a majority of the members present at the next general meeting.