TABLE
OF CONTENTS
ARTICLE – I
GENERAL
1.1
Incorporation
1.2
Applicable
Rules
ARTICLE – II
PURPOSE
ARTICLE - III
DEFINITIONS
ARTICLE –
1V
MEMBERSHIP
ARTICLE –
V
NEHTI ORGANIZATIONS
5.1
General
Principles
5.2
Structure
5.3
General
Body
5.4
Board
of Trustees
5.5
Stewardship
Council
ARTICLE –
VI
NEHTI TRUSTEES & OFFICERS
6.1
Trustees
6.2
Board
Officers
6.3
Chairman
of the Board of Trustees
6.4
Secretary
6.5
President
6.6
Treasurer
ARTICLE – VII
ELECTIONS
ARTICLE –
VIII
DISSOLUTION
ARTICLE –
IX
AMENDMENTS TO THE BY-LAWS
ARTICLE
– X
CONTRACTS, LOANS, CHECKS, DRAFTS, NOTES AND OTHER
INSTRUMENTS
ARTICLE
– XI
EFFECTIVE DATE & TRANSITION
RULES
APPENDIX
A
Board Committees
A.1
Temple Operating Committee
A.2 Internal Audit Committee
A.3 Safety & Security Committee
A.4 Finance Committee
A.5 Devotee Liaison Committee
A.6 Youth, Cultural and Educational Programs Committee
ARTICLE I – GENERAL
1.1
INCORPORATION
1
New England Hindu Temple, Inc., (also referred to as “NEHTI”) was
incorporated in the Commonwealth of Massachusetts on 21st
July 1978,
under the provisions of Chapter 180 of the General Laws of
Massachusetts.
2
Sri Lakshmi Temple (hereafter referred to as the “Temple” or
“SLT”) is
the only operation of NEHTI. The Temple, as of this amendment, has the
following deities and sannidhis consecrated according to Agama Shastras
(Pancharatra tradition): Ganesha, Sri Lakshmi (presiding deity),
Venkteswara,
Nataraja and Shivakami (utsava murthies), Navagrahas, Subramanya, Shasta
(utsava murthy), Garuda, and Anjaneya.
3
The current address of NEHTI for the purpose of administration is
117
Waverly Street, Ashland, MA 01721 and for correspondence is P.O. Box
1716,
Framingham, MA 01701-0201. Without amending these By-laws these
addresses may
be changed, as necessary, at a later date with suitable notification to
the
General Body and the Secretary of the Commonwealth of
Massachusetts.
1.2
Applicable
Rules
1
The
deliberations and conduct in the meetings of the General Body and all
other
NEHTI entities (Board of Trustees, Committees and Subcommittees, and
other
bodies) set up pursuant to the provisions of these By-laws shall conform
to the
procedures stipulated in
“
Robert’s Rules of Order, Simplified and Applied,”
2nd Edition, Hungry Minds Publishers, New York,
2001.The Board of trustees may adopt later editions of these Rules.
2
The following will be
the
hierarchy of laws that are applicable to the conduct of NEHTI affairs,
in the
descending order of precedence: Federal laws, State laws, Ashland town
laws and
ordnances, these By-laws, actions approved by the members of the General
Body,
proposals, motions and rules voted and passed by the Board of Trustees,
stipulations in the Policy and Procedures Guidelines.
3
All
motions and proposals, in each of the entities of NEHTI, shall be
approved by a
simple majority of the members present and eligible to vote, except
where
alternative requirements are explicitly indicated in these
By-laws.
4
The numerical
value of
votes resulting from the application of fractions, stipulated in these
By-laws
for passage of a resolution, proposal or a motion shall be rounded to
the
nearest integer value for the enumeration of member votes (eg., 6.6 to
7, 7.33
to 7, 7.50 to 8, 8.7 to 9, etc).
5
Words implying the
masculine
gender in these By-laws shall also imply the feminine
gender.
ARTICLE
II
– PURPOSE
ARTICLE
III
– DEFINITIONS & ACRONYMS
3.1
DEFINITIONS
The various terms used in these By-laws are defined as follows:
Close Relative:
A
person who is a spouse, personal partner, child, sibling, in-law, first
cousin,
or a business partner.
Contractor:
A person or an institution who performs services to NEHTI under a
business contract with a specific scope of work, amount and time of
payment of
a sum of money being specified in the contract.
A contractor is not to be construed as an employee of
NEHTI.
Board Committee:
A Committee authorized and appointed by and accountable to the
Board of
Trustees.
Board
of Trustees (BOT): An
executive Board consisting of Trustees elected by the members or
The Board:
of the General Body of NEHTI and Trustees appointed to fill any
&nb
sp;
Vacancies due to the resignation or removal of elected
Trustees.
By-laws: &nb
sp;
Refers to the most recent set of rules and regulations included
in this
document, which have been ratified by the General Body of members
pursuant to a
process specified in these By-laws.
Due
Cause:
A situation arising from illness, death in the family, required
presence
in a court-of-law or other judicial bodies, acts of God,
etc.
Due
Process:
A
process by which a person associated with NEHTI against whom a
disciplinary
action is being contemplated is given an opportunity to defend himself
before a
specified council or a committee.
Dues: &nb
sp;
A fee or an assessment set by the Board of Trustees, charged by
NEHTI to
a person qualified and eligible to become a
member.
Employee:
A person who is employed by NEHTI either as a temporary or
permanent
worker under an employment contract.
Entity:
The General Body of Members of NEHTI, or the Board of Trustees,
or a
Committee constituted by the Board of Trustees (such as a Board
Committee,
Sub-Committee, Task Force, Operational Sub-Committee,
etc).
Founder
(of the Temple)
One of fourteen persons who conceived the idea of establishing a Temple
in the
greater Boston area, contributed personal time and funds to its
establishment,
and is named as a Director of NEHTI in its Articles of
Organization.
General
Body: &nb
sp;
The totality of NEHTI members in good standing and whose
membership
status is current by virtue of complying with
all
membership requirements stipulated in these
By-laws.
Grandfather
clause: A provision in
the By-laws allowing the requirements, conditions and privileges of
membership,
officers’ tenure and other conditions prevailing before the date of
ratification of these By-laws by the General Body to continue for those
who
were members, trustees, officers, employees and devotees of NEHTI before
the
above date.
Hinduism:
A religious tradition with origins in India based on “sanatana dharma”
(eternal
truth), which accepts the authority of the Vedas, and is characterized
by
acceptance of Brahman as the Ultimate Reality. It also refers to
religious
practices and rituals related to the worship of various manifestations
or
incarnations of divinity in the form of Hindu gods and
goddesses.
Independent
Committee:
An
Ombudsman type Committee of five persons (current Trustees excluded),
set up by
the Board of Trustees and constituted from time to time, to resolve
issues, and
provide binding arbitration within the constrains of these By-laws. This
Committee shall consist primarily of members of the Stewardship Council
but may
include other respected citizens of the Temple community.
Majority
Vote:
A resolution in a meeting of an entity is deemed to be approved by a
majority vote when the number of favorable votes it receives is one more than
one half of the number of entity members present in the meeting (unless the
number of members that needs to participate is explicitly specified elsewhere
in these By-laws), provided that the meeting fulfills the quorum requirements.
Member: &nb
sp;
Any permanent legal resident of North America who agrees and
promises to
uphold the provisions of these By-laws, whose application for membership
has
been approved by the Board, and whose membership is current in terms of
dues
payment and other requirements stipulated in these
By-laws.
Member
in good standing: A member who has not violated the requirements for continued membership of
NEHTI nor has been convicted in a court of law for criminal
offenses.
Officer
of NEHTI,
A Trustee elected by the Board, as its
designated
Officer, to
Board
Officer or Officer
implementa
Board authorized role or a function.
Board
Officers include the Chairman, the Secretary, the President, the
Treasurer and
any other officer elected and designated by the
Board.
NEHTI:
Refers
to New England Hindu Temple, Inc. (“NEHTI”)
Operation: &nb
sp;
An entity or activity sanctioned and controlled by NEHTI. The
operation
can be an independent unit with separate management, accounting and
financial
reporting or an organizationally separate entity with all finances and
budgets
being a part of NEHTI.
Quorum:
The minimum
number of
persons that need to be present, to start the meeting of an entity or at
the
time a member calls for a (quorum) count during meeting, in order for
the
deliberations of the meeting to be legal. Except in the case of the
General
Body meeting, the presence in the meeting of at least one more than one
half of
the total current members of the entity, which is meeting, constitutes a
quorum.
&nb
sp;
The attendance,
initially and at the time of quorum roll calls, by at least ten percent
of the
eligible-to-vote NEHTI membership or twenty five eligible-to-vote NEHTI
members, whichever number is larger, constitutes the quorum for a NEHTI
General
Body Meeting.
Stewardship Council:
A permanent Council consisting of the Temple founders and other respected NEHTI members to
provide non-binding guidance, and other advisory resources to the Board
of
Trustees and the General Body.
Term: &nb
sp;
The
duration of time for which a person is elected or appointed to a
position.
Term
Limit:
The
maximum number of full consecutive
terms any
person can hold the same office.
Trustee: &nb
sp;
A person serving on the Board of Trustees after being elected by
the
members of the General Body eligible to vote or appointed by the
Board.
Two
thirds vote:
A resolution in a meeting of an entity is deemed to be approved
by a two
thirds majority vote when the number of favorable votes it receives is
equal to
or more than two thirds of the number of entity members present in the
meeting
(unless the number of members that needs to participate is explicitly
specified
elsewhere in these By-laws), provided that the meeting fulfills the
quorum
requirements.
Volunteer:
A person who provides services to NEHTI on an unpaid basis by his
own
free will at the request of Trustees or employees. A volunteer is
neither an
employee nor a contractor of NEHTI.
3.2
ACRONYMS
BOT
Board of Trustees of NEHTI
DLC
Devotee Liaison Committee
FINCOM
Finance Committee
GB
General Body of NEHTI members
GBM
General Body Meeting
IAC
Internal Audit Committee
NEHTI
New England Hindu Temple, Inc.
PPD
Policies and Procedures Document
SLT
Sri Lakshmi Temple
SSC
Safety and Security Committee
TOC
Temple Operations Committee
YCEP
Youth, Cultural and Educational Programs
Committee
ARTICLE IV
– MEMBERSHIP
ARTICLE V – NEHTI ORGANIZATION
5.1
GENERAL PRINCIPLES
5.1.1
NEHTI
Obligations
NEHTI shall maintain Officers’ and Directors’ Liability
insurance of sufficient coverage, to indemnify and hold harmless the Trustees,
Officers, employees and agents of NEHTI (collectively referred to as “NEHTI
Officials”) from any third party claims, damages, losses, and expenses arising
out of or resulting from the performance by NEHTI Officials of their respective
duties and responsibilities to NEHTI. The indemnification shall continue during
and beyond the term of a NEHTI Official for actions and performances undertaken
when the said official was in active NEHTI service. NEHTI shall provide, at its
own cost or through its insurance coverage, legal defense to any NEHTI Official
whose official action or work product on behalf of NEHTI is the subject of
litigation.
5.1.2
NEHTI
Organizational
Requirements
The organization of the Board
of Trustees, Committees, and Operational Units (hereinafter referred to
as
“entities”) under NEHTI shall be governed by the following
principles.
1
The meeting of any
entity
shall require a quorum. Otherwise, the actions approved by the entity
shall not
be valid.
2
All elected and
appointed
officials shall serve only to provide functional accountability and
undertake
responsibilities.
3
Meetings
of all entities shall, in general, be open to members of NEHTI; however,
the
Chairman of each entity shall have the prerogative to make specific
meetings or
part of a meeting open only to members of that entity and/or to invited
special
guests.
4
Any person whose
removal is
being voted on by an entity shall not participate in that
vote.
5
A person elected by an
entity
to serve on a subsidiary entity shall not be removed from his office by
members
of the subsidiary entity.
6
Trustees, Board Officers, Committee members and volunteers
shall perform NEHTI related work on an honorary basis; no payments shall be
made for the services rendered.
5.2
STRUCTURE
The
governing structure of NEHTI shall consist of the
following:
1
The General Body constituted by the members of NEHTI
2
The Board of Trustees (“BOT”) consisting of twelve (12)
members (“Trustees”) elected by the General Body. The Board shall be the
Legislative and Administrative body of NEHTI accountable only to the General
Body of NEHTI members.
3
The
Stewardship Council (SC) consisting of at least five but not more than
eight
Temple founders and other respected members of the Temple community. The
SC
shall provide advisory services to the Board of Trustees and the General
Body
of members as and when needed.
4
Committees formed by
and
reporting to the Board. A
Trustee
shall chair each of these Committees and Board shall approve their
members.
These committees shall be the following:
a)
The Temple Operations Committee (TOC) to conduct the
day-to-day affairs of the Temple.
b)
The Internal Audit Committee (IAC) with broad responsibilities
for auditing the financial affairs, physical inventory, budgets, income and
expenditures of NEHTI and the Temple.
c)
The Safety & Security Committee (SSC) to evaluate, develop
and facilitate the implementation of both short term and long term safety and
security policies for NEHTI and the Temple.
d)
The Finance Committee (FINCOM) to advise the Board on all
financial matters
e)
The Devotee Liaison Committee (DLC) to serve as a resource for
membership development, volunteer base development and fund raising in support
of all NEHTI activities
f)
Youth, Cultural and Educational Programs Committee (YCEP) to
develop, facilitate and foster events and programs related to the advancement
of Hindu culture, scriptures and theology among the youths of the community,
and the devotees.
5
Other Ad hoc or Operational Committees (for example, capital
projects, infrastructure maintenance and construction, priests’ affairs, pooja
coordination, etc) may be setup by either the Board or the Temple Operations
Committee to assist in the general management of NEHTI and Temple affairs.
The
organizational structures, functions and responsibilities of the above
committees are described in Appendix A to these By-laws.
Note:
The formation, role and responsibilities of an Independent Committee are not
covered by the above requirements but indicated in Article III
“Definitions and
Acronyms.”
5.3
THE
GENERAL BODY (of NEHTI
Members)
5.3.1
PURPOSE
The
purpose of the General Body (GB) of members is to set the overall direction for
the conduct of NEHTI affairs and to elect members to the Board of Trustees.
5.3.2
FORMATION
NEHTI
members in good standing constitute the General Body of members.
5.3.5
MEETINGS
1
The Annual meeting of the General Body of Members of NEHTI
shall be held on the last Sunday of April.
2
Special Meetings of the General Body may be called by a
majority of the entire Board of Trustees to bring forth matters of
extraordinary interest. A petition signed by one-third of the General Body
members eligible to vote and delivered to the Secretary of the Board of
Trustees may also request a Special Meeting. The Secretary shall arrange for a
Special Meeting within six weeks from the date of receipt of such a
petition.
5.3.6
POWERS
The General Body of NEHTI
shall be the institution of final authority on:
1
Modifying, amending or otherwise rewriting By-laws consistent
with, (i) the Hindu religion, (ii)
the intent of the founders of NEHTI, and (iii) the purposes expounded in these
By-laws.
2
Deciding, by a two-thirds vote of members eligible to vote,
issues related to installation of additional vigrahams (idols), moving of
existing vigrahams (idols) and such other religiously significant matters.
3
Implementing, by a seventy five percent vote of eligible to
vote members, mergers with other religious organizations, or dissolving NEHTI
as an organization.
5.4 BOARD OF TRUSTEES
(BOT)
5.5 STEWARDSHIP
COUNCIL (SC)
The purpose of the
Stewardship Council is to provide guidance, mentoring, advisory services
and
institutional memory to the Board of Trustees.
5.5.2
FORMATION
The Stewardship Council (SC) shall be formed with five to eight members consisting
of the Temple founders and other respected NEHTI members.
The Board shall appoint the members of the Stewardship council and fill,
vacancies, as and when they arise. In
the
selection of a NEHTI member to serve on the Stewardship Council,
history of contributions by the individual to Hindu organizations and/or
the
Hindu religion shall be given special
consideration.
5.5.3
ROLE / RESPONSIBILITIES
The Stewardship Council shall provide non-binding
guidance, and other advisory resources to the Board of Trustees and the
General
Body. The responsibilities
of this
Council shall include:
1
Providing
vision and guidance on religious matters of a policy nature, especially
regarding the conformity of religious practices of NEHTI and the Temple
with
Hindu scriptures and traditions, especially the Agama
Shastras.
2
Developing
recommendations and action items to ensure the long-term viability and
success
of NEHTI and the Temple.
3
Advising on
other matters referred to it by the Board.
6.2
BOARD
OFFICERS
The
provisions described in the subsequent sub-sections of this section are
applicable to all Board Officers, unless exceptions are indicated. Board
Officers include the Chairman and Secretary of the Board of Trustees
and, the
President and the Treasurer of the Temple.
The Board may create any other titled Board Officer position
and elect a Trustee to fill the position subject to the Board defining clearly
the role, responsibilities, duties and term of office of the new Board Officer.
All other provisions and requirements that are applicable to the
above-identified Board Officers shall be also be applicable to the newly
created Board Officer position.
6.2.1 ELIGIBILITY
Any
person who fulfills the following conditions is eligible to hold the
position
of a Board Officer.
1
Has served as a Trustee on the Board for at least one year,
and
2
Has
not previously held the specific Board Officer position for two
consecutive
terms immediately prior to the term under
consideration.
6.2.2 ELECTION
A
Board Officer is elected by a simple majority of the Board of Trustees
at the
first mandatory meeting of the Board held after the Annual General Body
Meeting.
6.2.3
TERM
OF OFFICE
The normal term of office of the Board Officer shall be one
year or the end of Trusteeship period which ever is shorter. By a two-thirds
vote, and with the Board Officer not voting, the Board may extend his term by
one additional year.
Note:
The term of office of appointed Board Officers (The President and
the
Treasurer under the previous By-laws) shall end on the date of the first
Board
of Trustees meeting held after the Annual General Body meeting convened
following the effective date of these By-laws.
6.2.4
RESIGNATION,
REMOVAL or TEMPORARY
ABSENCE
1
The
resignation by a Board Officer shall be allowed when a written
letter/email is
sent to the Secretary. The resignation is effective as of the date the
Secretary receives the letter. If the resignation is by the Secretary,
the
Chairman shall be the recipient of the letter.
2
Not
withstanding the requirement of item 1, the resignation of a Board
Officer made
orally during a Board meeting shall be effective immediately when at
least two
thirds of the members present during the meeting stipulate in a written,
signed
statement, before the end of the Board meeting, confirming the oral
resignation
statement from the resigning officer and the resignation is recorded in
the
minutes of the Board meeting.
2
A
Board Officer may be removed from his position by a simple majority vote
of the
Board of Trustees, not including the Officer concerned, subject to the
following “due process”:
a) The officer is
sent by mail/email a list of issues, concerns and causes for the
proposed
removal, signed by a majority of Board members.
b) The officer is
given two weeks from the date of receipt to respond in
writing
c) The Board meets
within 30 days to discuss the issues and the officer is provided an
opportunity
to present his case to the Board before the Board votes on the
removal.
3 A Board Officer may be removed,
immediately,
from his position, by a two-thirds majority vote of the entire Board.
, immediately.
4
A Board Officer shall inform the Board when he is unavailable to
carryout his
functions due to absence for over two weeks. He shall designate another
Trustee
to perform his functions, temporarily, consistent with other provisions
in
these By-laws.
5
A
Board Officer shall be deemed to not hold that office when he is
incapacitated
for over a month. During such absence the next in line, specified in
these
By-laws, shall be considered as the temporary Board Officer.
6
The
Board Officer shall cease to hold the office when incapacitated for over
three
months. In such a contingency, the Board shall appoint an alternate
Board
Officer.
6.2.5
TRANSITION
OBLIGATIONS
At the completion of his term, or on upon resignation or removal, a Board Officer shall:
1
Transfer
to the next person elected to his office or the Secretary or his
alternate,
promptly but no later than two weeks, all records, books, lists,
computer data
files, keys, and any and all other NEHTI and Temple property either
generated
by him during his tenure or acquired from the previous person holding
that
office.
2
Submit
to the Secretary, within two weeks after relinquishing his office,
written
documentation, with his signature, confirming the transfer of all NEHTI
and
Temple property.
3
Inform,
in writing and within one week of the end of his term, bank(s) and other
financial institutions of the change in his official position and
relinquish
any signature authority on bank accounts, investment accounts,
certificates of
deposit, purchase and sales agreement on real property, etc. A copy of
this
written documentation shall be provided to the Secretary for his
files.
Failure to comply with the requirements in this sub-section shall be considered as a
dereliction of the fiduciary responsibility of a Board Officer. The
Board is
empowered to take such actions as may be deemed appropriate to recover
NEHTI
property, including but not limited to legal notice and
action.
6.3 CHAIRMAN
6.3.1 DUTIES and RESPONSIBILITIES
The
duties and responsibilities of the Chairman shall
include,
1
Fiduciary
responsibility for NEHTI.
2
Conducting
and presiding over the meetings of the General
Body.
3
Submitting
an Annual Report approved by the Board of Trustees to the General Body
on the
operations of NEHTI for the previous calendar
year.
4
Convening
periodic meetings of the Board of Trustees for the purposes of long
range
planning and to discuss the affairs of the different activities and
finances of
NEHTI.
5
Facilitating
discussions in the Board meetings by following, strictly, the Robert’s
Rules of
Order.
6
Implementing
all resolutions of the Board of Trustees.
7
Disbursing
funds from the Chairman’s account to the Temple operations, consistent
with the
Board approved and appropriated budgets.
8
Issuing
checks on the Chairman’s account to make only those payments approved
and
authorized by the Board. All checks issued by the Chairman shall be
countersigned by another Trustee who has been authorized by a majority
vote of
the Board to countersign. The Chairman shall have a discretionary
budget,
approved by the Board, for conducting the meetings and affairs of the
Board.
9
Ensuring
the orderly conduct of the affairs of NEHTI.
10
Appointing,
with the approval of the Board, the Chairman of a Nominating Committee
to
select candidates for Trustee election
11
Recommending
to the Board suitable candidates to chair various Board Committees.
12
Providing
a leadership role in strategic planning, enhancing the role of NEHTI in
the
community, and facilitating fundraising and expansion of the
Temple.
13
Ensuring
that all entities of NEHTI abide by all applicable Federal, State, Local
town
laws and resolutions passed by the General Body and the Board of
Trustees.
6.4
SECRETARY
6.4.1 DUTIES and RESPONSIBILITIES
The
duties and responsibilities of the Secretary shall
include,
1
Recording
the minutes of the deliberations in Board meetings. He shall, in
addition
prepare, circulate to the Trustees and obtain the final approval of the
minutes
in a subsequent meeting of the Board. The minutes shall indicate the
voting
record of each member on all motions and proposals, except for secret
ballot
issues.
2
Conducting
the balloting (by voice vote, secret paper ballot, or roll call) and
recording
the votes of Trustee on all motions made in the Board. Also, tallying
all votes
cast and announcing the results before the end of the Board
meeting.
3
Informing
members of the Board meeting schedules and agenda.
4
Conducting
electronic polling of Trustees on matters of urgency when presented with
petitions, which comply with the requirements for such petitions
indicated
elsewhere in these By-laws.
5
Safeguarding
all papers related to the Board and NEHTI.
6
Coordinating
all correspondence between the Board and NEHTI members. Under special
circumstances, the Board may designate another trustee to perform these
duties
(see §5.4.4.29).
7
Acting
as the Chairman of the Board of Trustees during the temporary absence of
the
Chairman.
8
Preparing,
in participation with and approval of the Board, a Policies and
Procedures
Document.
9
Presenting
membership applications to the Board in a timely manner and assigning
membership numbers to new members approved by the
Board.
10
Maintaining
the membership records and related electronic database(s) and being
responsive
to the information needs of NEHTI members.
11
Conducting
fair and impartial elections for the office of
Trustees.
12
Disseminating
information of urgency or of importance to Trustees in a timely
manner.
6.5
PRESIDENT
6.5.1 DUTIES and RESPONSIBILITIES
The
duties and responsibilities of the President shall
include,
1
Conducting
the affairs of the Temple in a fiscally responsible manner under the
broad
directions from the NEHTI Board of Trustees.
2
Preparing,
in consultation with and help from the Treasurer, and inputs from
Committee
Chairmen, budgets for different expense categories for the Temple over
the term
of his office; Presenting the budgets to and obtaining the required
appropriations from the NEHTI Board.
3
Presenting
to the Board the annual plans for the functioning of the Temple and
obtain
approvals where necessary.
4
Authorizing
the disbursement of funds from the Temple’s account within the budget
parameters appropriated by the Board.
5
Implementing,
in an expeditious manner, the emergency recommendations of the Safety
&
Security Committee and other Safety and Security measures approved by
the
Board.
6
Countersigning
checks issued by the Treasurer for expenses incurred by the Temple when
the
amount exceeds a threshold value set by the Board. The President may
sign and
issue checks on behalf of the Temple when the Treasurer is unavailable
for
longer than two weeks provided the check is counter signed by another
Board
designated Officer.
7
Selecting
candidates for Priests and other staff and presenting his
recommendations to
the NEHTI Board for approval.
8
Defining,
supervising, and managing the roles, functions, and responsibilities of
the
Temple manager and other Temple employees.
9
Developing
the schedule of priests, and other staff, for the day-to-day operations
of the
Temple, external poojas and functions, and special Temple
functions.
10
Ensuring
the cleanliness of the Temple and providing an environment conducive to
the
performance of prayers and poojas.
11
Coordinating
with the Chairman of the Safety & Security Committee to ensure that
the
Temple and its premises are safe and secure.
12
Hiring
appropriate contractors, workmen and other resources to maintain and
upkeep the
Temple and other NEHTI owned buildings, residences and other
properties.
13
Utilizing
the resources of standing and adhoc Committees to achieve the efficient
operation of the Temple.
14
Attending,
in a timely manner, to complaints and suggestions of devotees, NEHTI
members
and others in consultations with the Devotee Liaison
Committee.
15
Interfacing
with and empanelling volunteers to assist the Operation in manning the
Temple
office, and in other Temple activities.
16
Developing
and publishing, on at least a quarterly basis, a newsletter on Temple
activities.
17
Coordinating
with various Committees (such as the Priests Committee, Pooja Committee,
Cultural Committee, etc).
18
Developing
specific policies and schedules for the use of Temple space by non-NEHTI
groups, cultural organizations, devotee requested religious functions,
etc.
Approving, on a case-by-case basis, the use of Temple premises.
19
Enforcing
existing written policies (and developing new ones when required)
related to
employee supervision, staff performance reviews, bonuses, handling of
complaints, disciplinary actions, dismissal, etc.
20
Preparing
the necessary paperwork and coordinating with legal counsel on matters
related
to visa applications, travel and other arrangements for priests and
other
workers invited to come from overseas.
6.6
TREASURER
6.6.1 DUTIES and RESPONSIBILITIES
The
duties and responsibilities of the Treasurer shall
include,
1
Acting
as the Comptroller for NEHTI in addition to the role of a
Treasurer
2
Receiving,
recording and safekeeping all funds belonging to NEHTI and the
Temple.
3
Organizing
the periodic collection, counting, recording of receipts and prompt
depositing
in a bank of the money and other offerings deposited in the collection
boxes
[hundis, etc.] in the Temple.
4
Disbursing
funds, which have been duly appropriated by the Board of Trustees and
authorized either by President of
the
Temple or by the Board.
5
Submitting
accounts of all transactions and financial dealings to the President of
the
Temple, in reasonable time and when requested by the latter and to the
Board of
Trustees at its mandatory meetings.
6
Updating,
in a timely manner, financial records on expenses to date, payables and
other
commitments.
a.
The
Treasurer shall also perform, at least once a month, comparison of Board
authorized budget amounts and actual expenses incurred (or committed).
Any time
the expenses incurred or accrued exceed 75 % of the appropriated budget,
the
Treasurer shall notify the President as soon as
possible.
7
Disbursing
funds or issuing checks only when proper receipt, expense report or a
specific
invoice is provided with details of (i) the written authority or
contract under
which the work was performed, (ii) the total budget authorized for the
work,
(iii) signature of a Board Officer or the Temple staff vouching that the
work
was actually performed and is acceptable.
Exception:
This requirement shall be waived for purchase of low value items,
photocopying,
acquisition of off-the-shelf items or other small purchases. The
Treasurer
shall obtain the Board’s authorization to set the ceiling dollar
values for
items to be covered under this
exception.
8
Providing
financial records and other relevant information, without exception, to
the
NEHTI Internal Audit Committee, when requested.
ARTICLE VIII
- DISSOLUTION
ARTICLE IX
– AMENDMENT TO THE BY-LAWS
1(a)
A By-laws Amendment petition is voted by the Board of Trustees
with a
two thirds (2/3) majority of the entire Board.
OR
1(b)
A written petition signed by at least one third (or 33.3%)of the members of NEHTI eligible-to-vote is delivered to the Secretary of NEHTI specifying the
proposed Amendments to the By-laws.
2
Subject to the fulfillment of the process in 1(a) or 1(b) the
Board shall set up a By-laws Amendment Review Committee with a Trustee as the
Chairman and consisting of six other members of which at least two shall be
Trustees to review, assess and if necessary rewrite the petition in a language
consistent with a legal document. The document developed by the By-laws
Amendment Review Committee shall be reviewed by an attorney for legal and
procedural correctness. The Secretary shall present to the Board for a vote the
document reviewed and modified (if necessary) by the attorney no later than
nine months from the date the petition is received by the Secretary.
3
The Board shall determine if a mail balloting is appropriate
or if a special meeting of the General Body is to be called into session to
consider the proposed Amendments. The Board shall set the date of the special
meeting of the General Body, or of the ratification date of the Amendment. The
ratification date shall not be later than one year from the date the petition
is received by the Secretary.
4
The Secretary shall send to every NEHTI member eligible to
vote (per §7.1.1) at least six weeks prior to the special meeting of the
General Body or the date of ratification of the Amendment set by the Board, a
notification with the text of the proposed amendments and a ballot for voting.
The deadline for the receipt of the completed ballots shall be specified which
shall not be earlier than one month from the date of notification.
5
The amendment(s) shall be considered as approved provided that
more than fifty percent of NEHTI members eligible to vote return the ballots on
the amendment(s) and two-thirds of the properly marked returned ballots are in
favor of the amendment(s).
ARTICLE
X – CONTRACTS, LOANS, CHECKS, DRAFTS, NOTES AND OTHER INSTRUMENTS
ARTICLE
XI – effective date
& TRANSITION RULES
TABLE - 1
TRANSITION
PLAN
ELECTION
OF TRUSTEES
|
Election
Year
|
Number
Of
Trustees
Elected
|
Name of the Trustee
|
Trustee Term begins
on the day of first Board meeting following the
Election held on the last
Sunday of April
|
|
2000
to
2001
|
2001
to
2002
|
2002
to
2003
|
2003
to
2004
|
2004
to
2005
|
2005
to
2006
|
2006
to
2007
|
2007
to
2008
|
|
2000
|
3
|
Phani
|
|
|
|
|
Sekhar
|
|
|
|
|
Solai
|
|
|
|
|
2001
|
3
|
Jay
|
Resigned
|
|
|
|
Viswanathan
|
|
|
|
Ramanathan
|
|
|
|
|
2002
|
4
|
A1
|
One Trustee for 2
year and three Trustees for 3 year term.
|
|
|
|
|
A2
|
|
|
|
A3
|
|
|
|
A4
|
|
|
|
2003
|
6
|
B1
|
One Trustee for 1
year, one Trustee for 2 years, four
Trustees for 3 year term.
|
|
|
|
B2
|
|
|
|
B3
|
|
|
|
|
B4
|
|
|
|
|
B5
|
|
|
|
|
B6
|
|
|
|
|
2004
|
4
|
C1
|
Four Trustees each
for 3 year term.
|
|
|
|
C2
|
|
|
|
C3
|
|
|
|
C4
|
|
|
|
2005
|
4
|
D1
|
Four Trustees each
for 3 year term.
|
|
|
D2
|
|
|
D3
|
|
|
D4
|
|
|
|
|
No. of
elected Trustees on the
Board
|
9
|
9
|
9
|
12
|
12
|
12
|
12
|
12
|
NOTE: Assumes that the General Body of members will ratify the new
By-laws in year 2002.
It will then take effect on the day of the Annual General Body
Meeting
in April 2003.
A.1
TEMPLE OPERATIONS COMMITTEE
(TOC)
4
Oversee
the performance of religious services at the Temple and off-site
services.
5
Organize
special religious events (poojas, homams, yagnams, utsavams,
kumbhabhishekams,
etc.)
6
Administer
the affairs of employees, priests and routine contractor operations
7
Ensure
the proper maintenance of Temple structures, priest’s quarters, grounds,
parking lot, etc., and such other NEHTI facilities as the Board may
identify.
8
Actively
utilize the resources of the Board committees to coordinate activities
such as
financial planning, publications, cultural and educational events,
devotee
liaison, safety, etc., to accomplish the operating activities and
objectives.
9
Arrange
for the publication and dissemination of quarterly report to NEHTI
members on
the past and future religious and other activities of the Temple.
Also, prepare and publish the schedules of Temple religious
functions
and other events, at least once in three months, and ensure its wide
distribution to devotees through direct mailing and/or emails, and
posting on
the official NEHTI website.
10
Interface
and coordinate with Board committees for publications, cultural and
educational
events, devotee liaison, safety, etc.
11
Develop
the annual operational budget and after review by FINCOM present it to
the
Board of Trustees for approval.
12
Ensure
that all operational activities and expenses conform to the approved
budgets
13
Ensure
that the Temple operation strictly follows the requirement for joint
signatures
of the President and the Treasurer for approving expenditures in excess
of the
threshold amount set by the Board (see §5.4.4.10). Also ensure the
strict
adherence to the requirements of contracts and purchases specified in
Article
X, § 6 and § 7.
The TOC, at the request of the President, shall meet as and
when necessary, but at least 6 times a year, to carry out its tasks and
responsibilities. The majority of the members of TOC may also request the
President for a meeting of the TOC, if deemed necessary.
A.2
INTERNAL AUDIT COMMITTEE
(IAC)
The
purpose of the Internal Audit committee (IAC) is to oversee the
financial
compliance of NEHTI and to ensure that NEHTI officers manage the Board
appropriated funds properly and consistent with the provisions of these
By-laws.
A.2.2 FORMATION
The
IAC shall consist of a Chairman and eight other members. Other members
of the
Committee shall be drawn from the pool of general NEHTI membership,
devotees
and other volunteers, preferably, with a background in the accounting
profession.
A.2.3 RESPONSIBILITIES
The IAC functions shall include:
1
Performing
periodic audits of NEHTI and the Temple books for income, expenditure
and other
compliance with generally accepted accounting practices.
2
Coordinating
with the Treasurer on all financial and accounting matters related to
NEHTI and
the Temple operation.
3
Alerting
the Board, in a timely manner, on any findings of impropriety or
egregious
accounting practices, or other fiscal violations or
problems.
A.2.4 FUNCTIONS
The IAC shall:
1
Conduct
on an ongoing basis a review and analysis of income, expenditures and
other
financial transactions of NEHTI and the Temple.
2
Provide
the Board with quarterly financial statements and
reports.
3
Conduct
physical inventory of NEHTI
and
Temple assets.
4
Review
the financial performance or status of various NEHTI
projects.
5
Recommend
improvements, if any, to:
a)
Bookkeeping,
computerization, and other transactional systems or
procedures.
b)
Security
in counting, holding, handling, transporting and banking of funds
collected in
the Temple.
c)
Procedures
employed by the Treasurer for disbursing funds.
.
A.2.5 MEETINGS
The IAC shall meet at least four times in a year and more often, on an as needed basis.
The Chairman of the Committee shall call the
meetings.
A.2.6 POWERS
The IAC is,
1
Empowered
to request and investigate, transactional papers, computer files or
other
supporting material related to financial transactions and physical
inventory
from all NEHTI officers and employees.
2
Authorized
to share interim findings with the Treasurer to enable him to take
immediate
corrective action on urgent matters.
3
Responsible
for submitting its report to the Board of Trustees.
A.3 SAFETY & SECURITY COMMITTEE (SSC)
2
Develop
strategies and rules to enhance the safety of devotees, regular and
temporary
employees, contractors, and other visitors to the Temple, NEHTI
buildings and
properties.
A.4
FINANCE COMMITTEE
(FINCOM)
The
purpose of the Finance Committee (FINCOM) is to assist the Board by
providing
advisory support and recommendations on financial issues.
A.4.2 FORMATION
The
FINCOM shall consist of a Chairman and six other members. Members of
this
Committee shall be drawn from the pool of NEHTI members, devotees and
other
volunteers with some experience in financial transactions and
budgeting.
A.4.3 RESPONSIBILITIES
The
functions of FINCOM shall include:
1
Performing
budget proposal reviews and providing the Board with
advice.
2
Analyzing
the short term and long term impacts of capital
projects.
3
Advising
the Board on financial matters including revenue
enhancements.
A.4.4 FUNCTIONS
The FINCOM shall:
1
Assist
the
Treasurer in preparing the financial performance results for
presentation to
the Annual General Body meeting.
2
Provide
assistance in the preparation of financial and other documents for
presentation
or submission to local, state, or federal government
agencies.
3
Provide
help in the development of documents and reports, tax filings, etc., to
comply
with all financial regulations and laws.
4
Advise
the
Board on issues related to service contracts, large capital item
purchases, and
construction projects.
5
Assist
in
investment decisions and recommend means for improving rates of return
on NEHTI
investments, consistent with the principle of preserving NEHTI’s capital
assets.
6
Review
and
recommend policy changes, when requested by the Board, on employee
salaries,
temporary employment, employee benefits, etc.
A.4.5 MEETINGS
The FINCOM shall meet at least four times in a year and more
often, on an as needed basis. The Chairman of the Committee will call the
meetings.
A.5
DEVOTEE LIASON COMMITTEE (DLC)
A.5.5
MEETINGS
The DLC shall
meet as many times as the Chairman and members jointly decide it is necessary
to perform the functions outlined above, but not less than twice in a calendar
year.
A.6
YOUTH,
CULTURAL AND
EDUCATIONAL PROGRAMS COMMITTEE
(YCEP)
4
Cooperate
and coordinate with other local, state and national cultural
organizations.