THE ORDER OF THE FRIENDLY SONS OF THE SHILLELAGH
JERSEY SHORE
BY-LAWS
12/4/24
ARTICLE I NAME
As provided by the Constitution
ARTICLE II OBJECTIVES
As provided by the Constitution
ARTICLE III MEMBERSHIP
Section 1
Any individual eligible for membership may apply for
membership through any member in good standing.
Such application for membership shall be submitted to
the Chairman of the Membership Committee. Upon
review and acceptance by the Membership Committee,
the name of the candidate shall be read to the membership present at the meeting following his screening. Subsequently, the candidate must have unanimous acceptance by the membership present at the meeting following his reading. 10/05/2016
Section 2
The Membership Committee shall be required to submit
to the Executive Board the names of any applicant not
approved for presentation to the General Membership
and the reasons for non-approval. The Executive Board
may by a majority vote of those present overrule the
disapproval of the Membership Committee and order that
such name(s) be presented to the General Membership for
consideration at the next meeting
The Executive Board may by a majority vote, re-submit
the name of an applicant that did not receive unanimous
acceptance by the General Membership.
Section 3
REINSTATEMENT
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Any ex-member wishing reinstatement must submit a written request to the President. The President shall submit the name to the Executive Board. Upon unanimous approval of the Executive Board the name shall be submitted to the General Membership and the approval must also be unanimous. Upon approval of the General Membership a reinstatement fee of seventy-five dollars ($75.00) plus all pro-rated dues must be paid.
5/5/08
Section 4
Responsibilities of Members
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March in the Belmar St. Patrick’s Day Parade unless excused
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Participate in and/or support other parades, activities and events of the club whenever possible.
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Observe all rules of the club, rental hall and bar as posted.
12/4/24
ARTICLE IV VOTING RIGHTS
Section 1
Any member in good standing shall be entitled to vote for any amendments to the by-laws, in the general election or on any general business of this organization.
Section 2
Any member in good standing shall be entitled to nominate,
or be nominated for any office in the club.
Section 3
Any member in good standing shall be entitled to vote for any office in the club on Election Day, the last Saturday in March from Noon to 5PM.
Section 4
A member in good standing is one who:
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Paid his screening fee and building assessment fee.
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Is current with his dues (dues must be paid before nomination meeting, March meeting)
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Has not been censured within the last two months.
Section 5
Absentee Ballots will be issued by the Chairman of the Elections Committee, on the request of a member, and returned in a sealed envelope addressed to the Chairman of the Elections Committee.
Requests for absentee ballots will only be issued to members with valid reason for not voting in person. Example, out of state, working, or ill. The Chairman of the Election Committee will require verification for requesting an absentee ballot. 11/1/2023
ARTICLE V QUALIFICATION OF OFFICERS
Any member in good standing is eligible to hold office.
ARTICLE VI OFFICERS, APPOINTMENTS AND ELECTIONS
Section 1
As provided for in the Constitution.
An Assistant Treasurer and an Assistant Steward will be
appointed to the Executive Board, with all executive
privileges, by the President after conferring with the newly
elected Treasurer and the newly elected Steward.
Section 2
Officers shall be elected by a secret ballot for a one (1) year term. Elections are held on the last Saturday in March from noon to 5 P.M. at The Friendly Sons of the Shillelagh Clubhouse.
Nomination of officers shall be made from the floor at the
Regular meeting in March by members in good standing as
of the March meeting.
A member may only be nominated for one office.
Members shall not be able to vote by mail on any matter at a general meeting.5/5/08
Members shall not be able to vote on any matter at a general meeting or in an election by the use of a proxy
For the office of First and Second keeper of the “Club”, each member will have two votes. The candidate with the most votes will be First keeper and the candidate with the second most votes will be Second Keeper.
In the event of a tie in high vote for any office, the winner shall be determined by a special election of the tied candidates at the next General membership Meeting. 11/06/2013
Section 3
The newly elected officers will officially assume their duties on the first Wednesday in May at the General Meeting.
The incoming officers will be formally installed at the
Annual Dinner-Dance while the outgoing officers will lead
the St. Patrick’s Day Parade having just completed a year’s
work for the club.
Section 4
Vacancies shall be filled by appointment by the President.
These appointments to office will continue through the
unexpired term of the office in which the vacancy existed.
All appointments must be approved by a two-thirds vote of
the Executive Board. In the event the position of the President is vacated, the Vice President shall assume the position of President and the office of Vice President shall remain vacant. Further ascendancy to the Presidency due to
vacancy shall be from the elected officers in the order
specified in Article v, Section 1 of the Constitution.
Section 5
Impeachment proceedings may be instituted against an
elected officer by a written petition signed by at least
100 members in good standing submitted to the Secretary
at least ten (10) days prior to the General Meeting. The
Secretary shall read the charges and the names of the
petitioners at the next regular meeting and the motion
submitted to the General Membership for a vote at the
subsequent general meeting. The challenged officer shall
have the opportunity to answer the charges, approval by
75% of those members in good standing in attendance,
provided at least 100 members qualify, shall be sufficient
to remove said officer. 05/01/2019
ARTICLE VII MEETINGS
Section 1
The regular meeting of this organization will be held on the
first Wednesday of each month at the place designated by
the Executive Board.
Section 2
The meeting of this organization will be called to order at
7:30 P.M.
Section 3
Ten members, excluding officers and trustees, will
Constitute a quorum.
Section 4
Special meetings of this organization may be called by the
Executive Board. The Corresponding Secretary will notify
the membership in writing as to the time, place and date of
this special meeting.
ARTICLE VIII INITIATION FEE
(1/8/03) A non-refundable initiation fee of $100.00 shall be paid by new members at the time of their Screening.
ARTICLE IX MEMBERSHIP DUES
The annual dues of this organization shall be $150.00. (Commencing 01/01/2016) Dues are due on the first of January. Dues will be late if not paid by February 15th of the current year. Dues paid after February 15th are late and will be accessed with a $50.00 late fee. The late fee can only be waived if granted by the current President. 09/06/2023
New members will be required to pay a onetime Building Assessment fee of $350.00, and dues upon entry into the Club. Dues owed will be based on the month of being accepted into the Club. 11/04/2015
Screening of new members will be accomplished on a
numbered basis as their applications are received by the
membership committee. Recommendations for acceptance
will be forwarded to the Executive Board. Sponsors of all new members must be present at the meeting when the new members are accepted into the club.
All hardship cases will be reviewed on an individual basis.
ARTICLE X CENSURE
Reason for Censure
Misconduct
Absent from the St. Patrick’s Day Parade without Executive Board approval.
CENSURE PROCEDURE
Censure proceedings may be instituted by a member in good standing against any member by a signed written statement submitted to the Executive Board through the Secretary. Upon concurrence by a 2/3 majority of the Executive Board the censure motion shall be passed.
PENALTY
Any censured member shall lose his voting privilege for the
next two (2) meetings that he is in attendance. In addition,
the minimum censure penalty shall be the loss of all
membership rights and privileges for seven consecutive
days. The maximum penalty shall be determined by the
Executive Board. Three (3) censures shall result in auto-
matic loss of membership if incurred within five (5) years.
ARTICLE XI MEMBERSHIP PRIVILEGES
The Executive Board shall have the authority to temp-
orarily or permanently revoke the membership and
corresponding privileges of any member adjudged to be
guilty of any offense deemed to be serious enough to
warrant this action. However, before such action shall
be considered final, the affected member shall be notified
in writing and be permitted, within 60 days, to appeal this
decision to the Executive Board and/or to request that both
sides of the issue be placed before the General Membership
for decision by the majority present at that meeting.
ARTICLE XII DUTIES OF OFFICERS
Section 1 - President
It shall be the duty of the President to preside at all meetings of the organization. He shall appoint the trustees and chairman of all committees. He is Chairman of the
Executive Board.
Section 2 - Vice President
He shall preside at all meetings in the absence of the
President and act as liaison between all committees
appointed by the President.
Section 3 – Recording Secretary
He shall keep full and correct minutes of all proceedings
of each regular meeting. He shall read the minutes of these
meetings to the general membership at the next regular
meeting.
Section 4 - Treasurer
The Treasurer shall receive and collect all dues and the
moneys that may be payable to the organization. He shall
deposit these funds in a bank account under the name “The
Order of the Friendly Sons of the Shillelagh” and should
only disperse funds by check signed by the Treasurer,
President or other duly authorized officer.
Each month the Treasurer shall render a report on the
financial transactions of the organization since the previous
meeting, and such report recorded in the minutes by the
Secretary. The Treasurer shall maintain books reflecting the
payment of dues, accounting for all income and
disbursements. Such books will be audited immediately
preceding installation of officers each year by a committee
appointed by the President.
Section 5 - Assistant Treasurer
He is responsible for assisting the Treasurer and covering for him in his absence.
Section 6 - Corresponding Secretary
He shall prepare and forward notices of all special meetings
at least week prior to the meeting. He shall notify the
Chairman of all committees of the names and addresses of
the members of the committee that were appointed. All
communications representing The Order of the Friendly
Sons of the Shillelagh” shall be handled by the Correspond-
ing Secretary and mailed by him.
Section 7 - Keepers of the Shillelagh
The Keepers are responsible to see that only members are
admitted to the meeting room. They shall keep order at all
meetings. They will form marchers at the parade and see to
order during the march.
Section 8 - Steward
The Steward is responsible for the physical arrangement of
the meeting place and refreshments.
Section 9 - Assistant Steward
He is responsible for assisting the Steward and covering for
him in his absence.
Section 10 - Executive Board
The duties of the Executive Board shall be to arrange all
programs and supervise all matters pertaining to the
organization as specified in the Constitution and By-Laws.
Section 11 - Trustees
The trustees shall be part of the Executive Board and they
shall be responsible to the General Membership for the
interpretation of the Constitution and By-Laws.
Section 12 - Resignations
Resignations of Officers shall be in writing addressed to the President or Secretary with the approval of the Executive Board.
Section 13 - Leave of Absence
Any member who requests a leave of absence must submit
a letter to the Executive Board giving his request and reasons for the leave of absence. The member at the time of his request must have met all financial obligations. The
Executive Board will rule on his request prior to the grant-
ing of or prior to the termination of said leave of absence.
ARTICLE XIII
No member shall legally or morally obligate this
organization to any financial responsibility without
approvals. No member of the Executive Board shall legally
or morally obligate this organization to any financial
responsibility/donation in excess of $500.00 without
approvals of the Executive Board. Amounts over $5,000
need approval of both the Executive Board, and the
General Membership in attendance at the next general
Membership meeting. All requests for charitable
Donations will be forwarded to The Friendly Sons of
The Shillelagh Charitable Foundation for vetting.
No requests for charitable donations will be presented on
The floor at the general membership meeting. 05/01/2019
Any anticipated expenditures of $5,000 or more shall be
presented at the membership meeting prior to a request
for membership approval. The amounts specified apply to
any complete endeavor and shall not be construed as
applying to components of a total undertaking. This
limitation does not apply to any normal operating expenses
and/or emergency expenses. 05/01/2019
ARTICLE XIV COMPLIANCE AS A NON-PROFIT ORGANIZATION
1. By virtue of the powers of the State of New Jersey, the
organization has been deemed as Non-Profit. It shall
report its income on a calendar year basis.
2. As a Non-Profit corporation, the organization shall
conduct itself with humanitarian activities in a
charitable, educational and civic manner.
3. Within the scope of its purpose, it may make
investments for the promotion of its endeavors and
maintain a record to report earned income to the State
and Federal agencies.
4. Upon dissolution of the organization the method of
distribution shall be the same as indicated in Article
XV, Section 9 as hereinafter indicated.
ARTICLE XV COMPLIANCE AS A TAX-EXEMPT CORPORATION
In the event that an organization shall seek to conduct itself as a tax exempt corporation within the meaning of section 501 ( c ) ( 3 ) of the International Revenue Code, then the corporation shall conduct itself exclusively as a charitable organization with the following provisions:
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The organization, as a membership corporation, shall not issue nor possess any stock
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No trustees, officers, or members of the organization shall as such, receive or become entitled to receive at any time, any part of the net earnings of the organization or the net income of the organization nor shall part of the net earnings of the organization inure to the benefit of any person, except as reasonable compensation for the services rendered and for reimbursement for expenses incurred in conducting its affairs and carrying out its purpose
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The organization shall distribute its income for each taxable year at such time and in such manner as not to become subject on un-distributable income imposed by Section 4942 of the Internal Revenue Code, or corresponding provisions of any subsequent Federal Tax Law
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The organization shall not retain any excess business holdings as defined in Sect. 4943 (c) of the Internal Revenue Code of 1954, or corresponding provision of any subsequent Federal Tax Law.
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The organization shall not engage in any act of self-dealing as defined in Sec. 4951 (d) of the Internal Revenue Code of 1954, or corresponding provision of any subsequent Federal Tax Law.
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The organization shall not make any investment in such manner as to subject it to tax under Sec. 4944 of the Internal Revenue Code of 1954, or corresponding provision of any subsequent Federal Tax Law
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The organization shall not take any taxable expenditure as defined in Sec. 494 (d) of the Internal Revenue Code of 1954, or corresponding provision of any subsequent Federal Tax Law.
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The method of distribution of assets of the organization, which method shall apply to the organization as a Non-Profit corporation as well as indicated in ARTICLE XIV, Subsection ( 4 ) is herein set forth in the By-Laws of the organization in that upon dissolution, after payment of all debts , no part of the remaining assets may be distributed to any Trustee, Officer or member of the organization, but shall be distributed in accordance with law so that such distribution must be made to another organization exempt under the provisions of Sec. 501 ( c ) ( 3 ) of the Internal Revenue Code or to the United States or to a Local Government
ARTICLE XVI STANDING POSITIONS AND COMMITTEES
The following positions are appointed by the President and approved by the Executive Board for an indefinite term until their resignation or removal for cause.
Bar Manager
Facility Manager
Banquet Hall Manager
Parade Adjutant
Membership Chair
Good and Welfare Chair
Events Chair
Sunshine Club Chair
St. Patrick’s Day Parade Committee
Dinner/Dance Committee
Membership Committee
Good and Welfare Committee
By-Laws Committee
Building Committee
Finance Committee
Bar Committee
Golf Committee
Fishing Tournament
Events and Entertainment Committee
Security Committee
12/4/24
ARTICLE XVII HOUSE COMMITTEE
The House Committee will consist of the Current President, the First Previous President, the Second Previous President,
(All of whom will be voting members) and the Attorney of
Record (Non-Voting).
The purpose of the House Committee will be to formulate,
and update, as required, the rules and regulations for the
operation and control of the Clubhouse and to submit
changes and updates to the Chairman of the By-Laws
Committee for submission to the General Membership as
amendments to the By-Laws.
The Current President will chair this committee and fill
vacancies by going back to the third Previous President,
Etc. If there are no previous presidents to select from, the
Chairman will select the next highest ranking elected officer to fill the vacancy.
ARTICLE XVIII INDEMNIFICATION
The Order of the Friendly Sons of the Shillelagh of the
Jersey Shore (hereinafter called “the club”), and all
of its members, collectively and individually, expressly
agree and warrant that the organization will indemnify
and hold harmless any Member serving in an official and/
or appointed capacity with respect to the activities and
operation of the Club. Such individuals shall include, but
not be limited to, the Officers, the Trustees, the members
of any Standing or ad hoc Committee, Members providing
goods or services to the Club, members serving as bartenders, or any other Member that is acting with the
authority of the Executive Committee.
ARTICLE XIX ARBITRATION CLAUSE
Any and all disputes of whatever kind arising out of, or in a
way relating to, any and all activities or operations of The
Order of the Friendly Sons of the Shillelagh of the Jersey
Shore(hereinafter called “the Club) that might otherwise
be amenable to resolution through civil litigation of any
kind will be referred to absolute mandatory binding
arbitration without any appeal of any kind.
Any Member who has a dispute of any kind with another
Member, the Club, or any of its duly constituted Officers,
Trustees, or Members in other appointed positions, with
respect to any and all matters arising out of the activities
or operations of the Club, including, but not limited to,
membership status, policies, procedures, disciplinary
actions, sanctions, interpretation and/or implementation
of any of the provisions of the Constitution or By-Laws
of the Club, or any other aspect of Club activities or
operations, will submit a written Request For Arbitration
to the President of the Club. Within 30 days of the
Request, the President of the Club will forward the Request
For Arbitration to the President of the Friendly Sons of the
Shillelagh of Old Bridge to commence the arbitral
proceedings.
Within 60 days of the Request, a three-member Arbitration
Panel (hereinafter called the “Panel”) will be chosen by the
President of the Friendly Sons of the Shillelagh of Old
Bridge from the Officers and Trustees(also referred to as
the Executive Board) of the Friendly Sons of the Shillelagh
Old Bridge. The President of the Old Bridge Chapter may
choose to select himself to serve as an Arbitrator.
All parties governed by this By-Law will, without any
agreement or documentation, hold any and all such
appointed Panel members completely harmless with respect
to any and all aspects of the Arbitration process of whatever
kind and type. Moreover, no civil action of any type may be
instituted by any Party, directly or indirectly, against any of
the members of the Arbitration Panel, individually or
collectively, nor may any civil action of any type be
instituted against he Officers, Trustees or Members of the
Friendly Sons of the Shillelagh of Old Bridge.
The Panel will not be required to follow any particular State
law or any formal judicial proceedings. The Panel is free to
establish its own procedures as it sees fit in its sole
discretion. The Panel may also allow discovery of relevant
documents and/or deposition testimony as it sees fit in its
sole discretion.
Either party may be represented by Legal Counsel or
another Member at their sole expense. The Panel may also
engage the services of Legal Counsel as it deems fit in its
sole discretion and at its own expense.
At a preliminary Organizational Meeting, the Panel will
inquire into he nature of the dispute and the respective
Parties’ evidence to support their positions. Parties will
disclose the evidence and witnesses they intend to call at
the Hearing. At the Organizational Meeting, the Panel will
establish a schedule to complete discovery, if any is needed.
the Panel will also set a Hearing Date.
The Hearing will be held at the Clubhouse of the Friendly
Sons of the Shillelagh of the Jersey Shore. Only the parties,
any Legal Counsel or Party Representative, and the Panel
will be in attendance, At the Hearing, the Panel will receive evidence and testimony that they, in their sole discretion, deem relevant.
The final decision of the Arbitration Panel must be agreed to by at least two (2) of the members of the Panel. The Panel will provide the Parties with a final written decision signed by at least two (2) of the members of the Panel within thirty (30) days after the close of the Hearing. The Panel is not required, nor is it desired by the Parties, to issue a written opinion justifying their decision. However, a confidential oral expression and explanation of their deliberations may be requested by either Party. Any such oral expression or explanation will be strictly off the record and may not form the basis for any attempted judicial or other appeal from the decision by the Panel by either Party.
The Panel shall have the authority to award any remedy or
relief that a Justice of the Superior Court of the State of
New Jersey could Order or grant, including, without
limitation, monetary amounts in the case of monetary
disputes, specific performance of any obligation arising
out of privileges and obligations of membership, the
issuance of an injunction, or the imposition of sanctions
for abuse or frustration of the arbitration process.
However, the Panel is expressly prohibited from making any awards for Punitive Damages or any other form of
Damages or Sanctions, including awarding attorney ‘s fees
to either Party.
The decision of the Panel will be final and binding on the
Parties and will be subject to any review by any Court. The
prevailing party may enter the final decision of the Panel
as a judgment in any Court of competent jurisdiction.
Neither Party nor the Panel may disclose the existence,
content, or results of any arbitration hereunder without
the prior written consent of both Parties.
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ARTICLE XX AMENDMENTS
Amendments to the By-Laws can be made only after
proposed change has been submitted to the Chairman
of the By-Laws Committee in writing at least two(2)
weeks prior to the next regular meeting and published
in the monthly newsletter. The Chairman of the By-Laws
Committee shall read the proposed amendment from the
floor at the General membership meeting and submit it
to the general membership for a vote at the meeting.
These By-Laws may be amended at any meeting by a
2/3 vote of the General membership who are in good
standing.