Pennsylvania Elks State Association Constitution

Posted on August 20, 2011

The Pennsylvania Elks

State Association
CONSTITUTION AND BY-LAWS
(As amended in May, 2011)

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PREAMBLE

This Association of the Benevolent and Protective Order of Elks of the State of Pennsylvania is formed to unite all Elks in closer bonds of Fraternity; to further Good Fellowship among Lodges; to protect and promote the interests of the Order in Pennsylvania; to exchange ideas beneficial to the Lodges of this State, and to bear true allegiance to the Constitution and Laws of the Benevolent and Protective Order of Elks of the United States of America.

ARTICLE I:

Section 1. This Association is organized and maintained as a State Association pursuant to the authority of Article III, Section 20, of the Constitution of the Benevolent and Protective Order of Elks and subject to all limitations imposed by the Constitution and Statutes of the Grand Lodge of the Benevolent and Protective Order of Elks and shall be known as the Pennsylvania Elks State Association.

ARTICLE II:

Section 1. Every Lodge in the State of Pennsylvania shall be eligible for membership on compliance with provisions of the Constitution and Laws hereinafter expressed.

Section 2. All Lodges in the State of Pennsylvania shall be members of their designated district associations.

Section 3. Each Lodge in the State, having complied with Section 1 and 2 of this Article, shall be entitled to representation at all meetings, whether regular or special, in the manner following to wit: Three delegates, including the Exalted Ruler and the Esteemed Leading Knight of the Lodge, and three alternates, one of whom shall be a Past Exalted Ruler from each Lodge. These delegates, or their alternates, together with the Past State Presidents of the Association, its duly elected officers, and the members of the State Association committees appointed by the President of the Association and Grand Lodge officials, members or committeemen for that year shall be vested with sovereign power of the Association and, upon presentation of their properly executed credentials have the right to vote upon and control the business in all matters that may come before the Association for consideration and determination.

Section 4. Each Lodge in the State holding membership in the Association shall elect its delegates and alternates at the 2nd Lodge meeting night in February of each year, and it shall then be required of the Secretary of the Lodge that he shall immediately forward to the Secretary of this Association the names of the delegates and alternates duly elected to represent the Lodge at State Association meetings. The Secretary of the Lodge shall also mail to the Secretary of this Association a copy of each Lodge Bulletin or notice mailed to the members of that Lodge.

Section 5. The Revenue necessary for paying the expenses of this Association and for carrying on the charitable and philanthropic programs in which it may be engaged shall be derived from the Lodges which are members of this Association which sum shall be computed at two (2) dollar a member for every member on the Lodge rolls as of March 31 of each year. This payment by each Lodge shall be made to the State Association Secretary on or before May 1 of each year. The Association or its Officers and Advisory Committee may order a suspension or reduction of this annual per capita tax to the State Association, if it is determined the funds in the Association Treasury shall warrant such action. But such reduction shall not exceed the year in which the action is taken.

(a) Any Lodge delinquent in dues as of October 1 shall be placed on probation by the Board of Trustees and shall be so notified by the Secretary of the State Association. If dues are not paid by the end of the year the Lodge shall be dropped from the State Association.

(b) A Lodge dropped for non-payment of dues may be reinstated by paying one-half of the delinquent dues plus the current year’s dues.

Section 6. Admission to the State Association shall be upon application form provided by the trustees of said Association and when the same is in proper order the same shall be forwarded to the Chairman of the Board of State Trustees who shall admit the Lodge to the State Association if the application is in proper order.

(a) There shall be no fees paid by any newly instituted lodge for the balance of the State Association year in which said lodge was instituted.

(b) Other lodges seeking readmission shall mail with their application for readmission a check for the current year’s fees and the same shall be for the entire year, not prorated.

Section 7. Participation in all Grand Lodge programs, State Association programs or contests and other benefits or privileges that require State Association manpower, finances, rewards, or any other source of State Association aid, shall be limited to only those Lodges which maintain a current and valid membership within the State Association. Non-member Lodges in such cases should deal directly with the Grand Lodge since State Associations are not required to furnish manpower, finances and rewards for non-members.

ARTICLE III

Meetings

Section 1. The annual meeting of this Association shall be held on a weekend in May or early June of each year, if possible. Such meeting shall begin on Thursday and conclude the following Sunday. The exact date of such annual meeting, as well as the place of such meeting shall be determined by the State Association, who are hereby empowered to do so.

Section 2. Additionally there shall be held an Annual Fall Convention at which official business of the Association may be conducted. The time and place of the workshop shall be determined by the officers and Advisory Committee of the State Association, who are hereby empowered to do so. The date of such convention will coincide with the Grand Exalted Ruler’s official visit to the State.

Section 3. Special meetings of this State Association may be called by the President of the Association, with the consent of the Advisory Committee, when deemed necessary by this aforesaid group. Notice of such Special meeting, together with the reasons for calling it, shall be given the Exalted Ruler of all member Lodges of the Association at least 30 days in advance of such special meeting, said notice to designate the time, place, and reason for calling said meeting also.

Section 4. Quorum. Twenty-five duly accredited delegates, representing at least twenty different Lodges, shall constitute a quorum for the transaction of all business.

ARTICLE IV

Section 1. The proper officers of the Association shall furnish from time to time and as required to the Grand Exalted Ruler and the chairman of the Grand Lodge State Association Committee the following information:

(a) Copies of the Constitution, By-Laws, Rules and Regulations, and all amendments thereto or changes made therein.

(b) A copy of the Proceedings of each regular or special session or meeting.

(d) A copy of all general letters, circulars, and papers sent by it or its officers to the Lodges comprising such Association.

(e) A list of the officers of the Association and the Lodges composing it, together with the correct post office address of the Association’s President, Vice President, Secretary, Treasurer and Board of Trustees. Such list shall also be sent to the Grand Secretary of the Order.

(f) A copy of the annual report of the Association Treasurer.

ARTICLE V

Section 1. The officers of the Pennsylvania Elks State Association shall be a President, a Vice-President, ten (10) District State Vice-Presidents, a Secretary, an Assistant Secretary, a Treasurer, an Assistant Treasurer, a Board of Trustees consisting of five (5) members, a Sergeant-at-Arms, a Chaplain, a Tiler and an Inner Guard. All officers shall be of elected annually, with the exception of the Assistant Secretary, the Assistant Treasurer, the Chaplain, the Sergeant-at-Arms, the Tiler and the Inner Guard who shall be appointed by the President of the Association and the ten (10) District State Vice Presidents who shall be elected and recommended by their Districts, to serve for a period of one (1) year, as shall the elected officers. In addition to the Association officers, there shall be a Board of Directors of the Major Projects Inc., consisting of one (1) Past State President from each District. This Board shall be elected annually to serve a one (1) year term. The Major Projects Board of Directors will elect their own Chairman, Vice-Chairman, Secretary and Treasurer; and the Secretary and Treasurer may be the same individual. In addition, the Major Projects Board of Directors will elect annually two (2) members of the Board of Trustees of the Major Projects Trust Fund comprised of ten (10) members whose terms shall be five (5) years. The Board of Trustees of the Major Projects Trust Fund shall elect its own Chairman, Vice-Chairman and Secretary on that Board.

Section 2. The Board of Trustees shall have elected one member each year to its membership, said member to serve for a period of five (5) years, or until his successor has been elected or appointed in case of an emergency.

Section 3. The President shall be the chief executive officer of the Association. He shall preside at all meetings, preserve necessary order and decorum, appoint all committees not otherwise specified, and perform all other duties incumbent in his office and imposed upon him by law.

(a) It shall be the duty of the District State Vice-President to preside at all district meetings, and to further the interests of the State Association in his District, to give special heed to requests made by the President of the Association, to foster Lodge interests in both fraternal and philanthropic activities, and to use his influence to bring into closer relations the good fellowship of the members of the Order. It shall also be the duty of the District State Vice President to take attendance at the State (Spring) and Fall Conventions of all paid Lodge delegates from their district at said sessions and report such attendance to the State Sponsor, State President and Senior Past State President of their District.

(b) Official Visits. It shall be the duty of the President to make such official visits to the subordinate Lodges comprising this Association as he may deem proper in the interests of the Association and of Elkdom in general. He shall have the power to direct District Vice Presidents, or any other officer or member of the Advisory Committee, to make such visits on his behalf when he finds it inconvenient or impossible to do so.

(c) When an elected official cannot perform his duties for any reason the President shall name a replacement on the recommendation of the Senior Past State President from the elected official’s District, subject to the approval of the Advisory Committee.

Section 4. The Vice President of this Association, in the absence or inability of the President to act, shall perform all duties incumbent on the President, and shall succeed to that office in case of a vacancy.

Section 5. The Secretary shall attend all meetings of the Association and keep a true record of the proceedings of same. He shall preserve all books and documents; attend to all correspondence incumbent upon his office; prepare and submit to the Association an annual report showing the condition of the Association; receive all moneys paid into the Association and turn the same over to the treasurer, taking a receipt therefore, and to perform such other duties as may properly be required of him.

He shall, before assuming the duties of his office, execute and deliver to the Trustees such bond for the faithful discharge of his duties as may be required by the Association, the expenses of such bond, if any, to be paid by the Association.

The Secretary shall be reimbursed annually a sum which shall be designated by the Board of Trustees in the annual budget it presents to the Association for adoption.

Should the Secretary become incapacitated the Assistant Secretary shall, at the direction of the President, assume the responsibilities of the Secretary.

Section 6. The Treasurer shall attend all meetings of the Association, receive and be the custodian of all moneys belonging to the Association giving proper receipts therefore, and shall issue from the funds of the Association the necessary checks for payment of bills or warrants properly drawn by the Secretary, approved by the Board of Trustees, and countersigned by the proper Association Officers.

He shall before assuming the duties of his office execute and deliver to the Trustees such bond for the faithful discharge of his duties as may be required by the Association, the expenses of such bond, if any, to be borne by the Association. The treasurer shall submit to the annual meeting of the Association a full and complete report of all financial transactions during the year just ending.

Should the Treasurer become incapacitated the Assistant Treasurer shall, at the direction of the President, assume the responsibilities of the Treasurer.

Section 7. The Board of Trustees shall be the fiscal agents of the State Association, and shall have charge of its property in the interim between meetings. It shall designate one of its members as Secretary and approving member of the Board, and it shall be the duty of this official to examine and approve all bills against the Association for which vouchers are to be drawn by the Association Secretary for submission to the Association Treasurer. The Board of Trustees shall present at each annual meeting of the Association a budget which shall provide funds for the necessary expenses of the officers and committee members of this Association for Association activities.

The Board of Trustees shall at each annual meeting employ a Certified Public Accountant to audit the books and records of the Secretary, Treasurer and any committee which shall have charge of the collection or distribution of any moneys and have him submit his report and make any recommendations he may care to make for the good of the Association.

Section 8. The Sergeant-at-Arms shall execute the orders of the President, shall preserve order at all times in State Association meetings, shall act as Association marshal on all public occasions connected with the convention, and shall assist the Tiler, Inner Guard, and the District Vice Presidents in the discharge of their convention duties.

Section 9. The Tiler shall have charges of the doors of the hall in which Association meetings are held, and shall be assisted by the Sergeant-at-Arms and the Inner Guard, if necessary, in examining credentials of those entitled to attend Association meetings.

Section 10. The State President shall appoint an Organist whose duty it shall be to play at designated times during the State Convention and Workshop.

Section 11. Qualifications for Office. All Elks in good standing in Subordinate Lodges of this Association and residing within its jurisdiction shall be eligible to any office, either elective or appointive, in this Association with the provision that the President shall be a Past Exalted Ruler.

Section 12. Salaries and Expenses. The Association shall from time to time determine and make provisions for proper compensation and expenses of officers and committeemen incurred in the performance of State Association duties.

Section 13. The Major Projects Board of Directors, consisting of one member from each District, shall direct the operation of the Elks Major Projects Program in Pennsylvania and shall meet at the Annual Convention of the State Association and the Annual Fall Convention of the Association or when directed to meet by the Chairman.

Section 14. The Board of Trustees for the Major Projects Trust Fund, consisting of ten members (10), shall oversee the operation of that fund and shall meet as often as seems necessary and at the call of the Chairman.

ARTICLE VI

Committees

Section 1. The regular committees of this Association, to be appointed by the President as soon as possible after his election, shall consist of the following, to serve until the next annual meeting of the Association, or until their successors are appointed. The number of members of each committee shall be determined by the President, but in no case shall it be fewer than three members. The Association Committees shall be:

(a) An Advisory Committee, to be composed of the Past State Presidents of this Association

(b) A Scholarship/Leadership Committee

(d) A Youth Activities Committee

(e) A Lodge Activities Committee

(f) A Credentials Committee

(g) A State Association Committee

(h) A Memorial Committee

(i) An installation Committee

(j) A RituaIistic Committee

(k) A Resolutions Committee

(I) A Membership Committee

(m) A Business Practices Committee

(n) A New Lodge and Lodge Assistance Committee

(o) A Public Relations Committee

(p) A State Convention Committee

(q) A Grand Lodge Convention Committee

(r) An Elks Veteran’s Service Committee

(s) An Elks Home Service Program Committee

(t) An Americanism Committee

(u) A Government Relations Committee

(v) A Drug Awareness Committee

(w) A By-laws Committee

(x) A Major Projects Legacy Trust Fund Committee

(y) A Soccer Shoot Committee

(z) An Officer Training Committee

(zz) Accident Prevention/Insurance Risk Committee

Duties of Committees

The Duties of these committees shall be as foIlows:

(a) The Advisory Committee shall give to the Association officials such counsel and advice as may be requested, and shall at all times hold themselves in readiness to promote and foster the best interests of the Association, and give every assistance to such programs as the Association may devise and undertake. This committee shall be limited in membership to Past State Presidents in good standing in their own lodges, and providing that the committee shall be the judge of eligibility to membership on this committee.

(b) The Scholarship/Leadership Committee shall be in charge of the Annual Elks National Foundation ‘Most Valuable Student Scholarship/Leadership’ offer. This includes the distribution of applications to all Elk Lodges and High Schools in the State, judging the completed and returned applications, selecting and submitting the designated number of applications to the Foundation office for final judging, and making an annual report of the Committee’s operations and activities at the annual convention of the Association.

(c) The National Foundation Committee, consisting of two (2) members of each District, shall be the State Association agency for the furtherance of the Elks National Foundation activities in Pennsylvania, especially in the collection of funds for the furtherance of this national effort, and shall be of assistance when required, to the State Scholarship/Leadership Committee.

(d) The Youth Activities Committee shall interest itself in all manner of Youth Activities participated in by the Lodges of this state, shall endeavor to promote and enlarge such activities, and shall be of any assistance to the Grand Lodge Youth Activities Committee.

(e) The Lodge Activities Committee shall have charge and supervision of such matters as shall be referred to it by the State President, pertaining to the good of the Association, all subordinate lodge activities, inter-lodge relations and similar matters. The committee is also to sponsor and promote the programs of the Grand Lodge Activities Committee.

(f) The Credentials Committee shall examine the credentials of all delegates and alternatives, as well as officers and committeemen of this Association, who by constitutional rights are authorized to participate in the deliberation of the Association at any of its sessions, and to insure the proper credentials therefore.

(g) The State Association Committee is to concern itself with the promotion of our State Association, its welfare, attendance at its meetings, etc.

(h) The Memorial Committee shall not only foster proper exercises of this kind in the subordinate Lodges of the state, but shall at each annual session of this Association arrange and conduct a fitting memorial service for those Association members who have died during the year.

(i) The Installation Committee shall be in charge of the installation of the newly elected officers of the Association on the final days of the Convention, and shall make proper provisions therefore.

(j) The Ritualistic Committee shall foster efficiency in the rendition of the ritual, hold Ritualistic Clinics, encourage district contests and supervise and conduct the State Ritualistic Contest.

(k) The Resolutions Committee shall prepare and present to the convention session for its consideration any memorials or resolutions which the committee itself or any member of the Association shall deem proper for consideration.

(l) The Membership/Lapsation Committee shall interest itself in the growth of the Order in Pennsylvania, and shall do everything within its power and by proper means to promote greater membership in the subordinate Lodges where it is possible to do so, to the end that Pennsylvania may retain its place among the leaders in numerical strength.

(m) The Business Practices Committee shall consist of a Chairman and rwo Vice Chairmen and shall be in charge of insuring that the Lodge Officers of the Subordinate Lodges are aware of and conform with sound business practices within their Lodges in order to maintain sound financial operations of their Lodge. The committee will assist aid and advise Lodges of proper business practices and work to offer training when applicable to the Lodges.

(n) The New Lodge and Lodge Assistance Committee, including in each District any Past State President(s), the District State Vice President, the District Deputy Grand Exalted Ruler, and the immediate Past District Deputy Grand Exalted Ruler shall encourage and foster the organization of new Lodges in our state, giving assistance to new as well as all Lodges where necessary and possible.

(o) The Public Relations Committee shall make an effort to get all favorable publicity possible, by press and radio, in the cities of Pennsylvania supporting subordinate Lodges. It shall also be the responsibility of the Public Relations Committee to carry out the mandates and programs of the Grand Lodge pertaining to Public Relations.

(p) The State Convention Committee shall make all arrangements for and devise the program for the State Convention.

(q) The Grand Lodge Convention Committee shall arrange for all the reception and entertainment of the Pennsylvania Representatives and Members.

(r) The Elks National Veteran's Service Committee of this Association shall have charge of the raising and distribution of funds and to prepare and carry out programs for American war veterans in the Veteran’s Hospitals located within the State of Pennsylvania, and shall work in the closest conjunction with the National Service Commission of our Order.

(s) The Elks Home Service Program Committee, consisting of two members of each district shall be charged with the duty of raising funds for the program.

(t) The Americanism Committee shall be charged with implementing the patriotic activities of the Order.

(u) The Government Relations Committee consisting of one member from each district shall be charged with implementing the programs as outlined by the Grand Lodge Government Relations Committee and shall have the responsibility of informing the Lodges of regulations and legislation, at all levels of government, passed and pending which have an effect on the conduct of the Lodges.

(v) The Drug Awareness Committee shall conduct a program designed to stop drug abuse before it starts, by educating youth, fourth through ninth grades, about the adverse effects of marijuana and cocaine, the "gateway" drugs most prevalent among youth. The program should be designed to reach youth directly and through parents and teachers, the adults who influence them.

(w) The By-laws Committee shall periodically and in a timely fashion review the by-laws, entertain by-laws recommendations and after presentation to the Trustees and Advisory Committee prepare by-laws changes for presentation at a PA Elks State Association business meeting in accordance with the by-laws, Article Xl, Section 1.

(x) The Legacy Trust Fund Committee shall assist the Major Projects Legacy Trust Fund Trustees in their program.

(zz) The Accident Prevention/Insurance Risk Committee will inform and educate the Lodges of the Association in the maintaining of a safe Lodge environment thus reducing the risk of injury or damage within the Lodge property and building. This committee will keep the Lodge informed of insurance changes or information which may be applicable to maintaining a safe Lodge to prevent injuries and or claims against the Lodge. The committee will also work with the Lodges to see that they maintain the Accident Prevention forms which the Lodges should keep monthly to help keep them more risk free and to advise them of any changes to these forms.

Section 2. The President of this Association shall have the power to name special committees to handle other matters which from time to time come to the attention of the Association and it shall be the duty of such committees to engage in such special activities and to make a report thereon at the next Association convention.

Section 3. Committees, established under this section, shall have no fund raising projects without prior approval of the Board of Trustees. Lodges and Districts must have Advisory Committee and the Trustees approval before running any Lodge or District fund raising programs in registration and public areas at state functions. Monies received in approved projects shall be handled in the usual manner through the Pennsylvania Elks State Association.

ARTICLE VII

Section 1. The President shall be allowed a travel expense account in an amount to be fixed annually by the Board of Trustees, to be paid him by the State Association Treasurer upon filing a proper voucher. Additionally, the President shall receive a stipend to attend the Grand Lodge Convention in an amount to be fixed annually by the Board of Trustees.

Section 2. The District State Vice Presidents shall be reimbursed for their expenses not to exceed Fifty Dollars ($50.00) for the performance of their duties. In addition, they shall be paid Forty Dollars ($40.00) per day for attendance at the Annual Convention and at the Fall Workshop not to exceed Eighty Dollars ($80.00) each.

(b) The expenses of the Credentials Committee at the annual convention shall be reimbursed for actual and necessary days spent in the performance of their duty, not to exceed four days. Said expense shall not exceed the allowance for other officers.

(c) The President, Vice President, Secretary, Treasurer, Trustees, Chaplain, Tiler, Inner Guard, Advisory Committee (and Assistant Secretary and Assistant Treasurer, if their services are required,) shall be reimbursed at the rate of $40.00 per day for actual and necessary days spent in the performance of their duties, not to exceed three days, and a mileage allowance of $ .30 per mile for attendance at the Fall Convention.

(d) All officers and committeemen shall be reimbursed for actual and necessary expenses, not to exceed $40.00 per day, and mileage at $.30 per mile, incurred at any emergency or special meeting which may be called by the President on the approval of the Chairman of the Advisory Committee.

Section 3. Committee Chairmen and Vice-Chairmen, as designated by the President, shall be paid Forty Dollars ($40.00) per day, not to exceed Sixty Dollars ($80.00) at each convention, and actual mileage at $.30 per mile for attendance at the Annual Convention and the Fall Convention.

Section 4. The following officers for their attendance at the Annual State Convention meeting shall be reimbursed at a per diem rate of $40.00 per day, not to exceed four (4) days, for time actually and necessarily spent at said Convention plus mileage at the rate of $.30 per mile; President, Vice President at large, Secretary, Treasurer, Trustees, Advisory Committee, Chaplain, Inner Guard, Tiler, Sergeant-at-Arms and officers elect and to be appointed.

ARTICLE VIII

Order of Business

Section 1. The Order of Business at all meetings of this Association unless otherwise changed by majority vote of the delegates present, shall be as follows:

1.         Call to Order
2.         Invocation
3.         Roll Call of Officers
4.         Report of Committee on Credentials
5.         Election of Officers
6.         Reports of Officers (by Seniority)
7.         Reports of Standing Committees
8.         Unfinished Business
9.         New Business
10.       Good of the Order
11.       Installation of Officers
12.       Closing and adjournment

ARTICLE IX

Limitations

Section 1. No question of a political or sectarian character shall be introduced at the meeting of the Association, and no person shall be directly or indirectly endorsed or recommended for any political or Grand Lodge Office, nor shall any public question be introduced or discussed unless the same directly relates to or affects the Order and its membership, or unless previous action on such subjects shall have been taken by the Grand Lodge.

ARTICLE X

Provisions Not Otherwise Covered

Section 1. In all cases where subjects are not covered by the Constitution, the Grand Lodge Laws shall govern.

ARTICLE XI

Amendments

Section 1. Amendments to this Constitution shall be presented in writing to the State Secretary at least 60 days before the annual meeting, or annual fall convention, and shall include the approval of the proposer’s Lodge, if the proposer is other than a member of the duly appointed By-Laws Committee. The Lodge shall follow the usual by-laws amendment procedure by notifying their membership in writing before consideration of the amendments at a regularly scheduled meeting. The State Secretary shall notify all Lodges of the proposed amendment(s) in writing at least 30 days before the annual meeting, or annual fall convention, and such amendment(s) shall be considered under the head of new business. It shall require a two-thirds affirmative vote of the Association members present to adopt any amendment(s).