Articles of
Constitution
1.1 The name of the
organization shall be “Orlando Marathi Mandal Central Florida” with legal
entity name as “OMMCF INC” and hereinafter referred to as “OMM” in entire
document below.
2.1
OMM
shall be a non-profit, non-political, cultural and religious activities
organization incorporated within the State of
2.2
OMM
shall initiate and coordinate cultural, religious, educational, charitable, and
literary activities, which without limiting the generality thereof, include the
promotion of various activities such as music, dance, theatre, and religious
services, related to the culture, traditions, and the language of the State of
Maharashtra in India.
2.3
OMM
may provide guidance and aid to students, artists, theologians and other visitors
from and around Maharashtra.
2.4
OMM
may obtain, receive, and hold donations, bequests, grants, or other funds for
the purpose of its various activities.
2.5
OMM
shall not be involved in any activities which do not comply with IRS
regulations for a 501(c)(3) non-profit charitable organization.
3.1
The
general body of OMM shall be comprised of dues paying members. Dues must be fully paid for the current year
to be considered as a member.
3.2
The
members shall be at least 18 years of age, be conversant in or interested in
the culture, language and religious practices of
3.3
Membership
types may include family, individual, and other membership type as deemed
appropriate.
3.4
Only
members who have paid and have their dues recorded at least 30 days prior to
the date of the annual or special voting meeting will be eligible to vote.
3.6
The
Quorum for the general body meeting shall be a minimum of fifty-one percent of
all eligible voting members. If a sufficient quorum is not present, any amendments
involving changes in constitution must be postponed for another meeting wherein
a quorum is present. If a quorum is not
present for the annual meeting and constitution changes are proposed, a special
meeting shall be held within 90 days whereby a quorum would be present to vote
on the proposed changes to the constitution.
If a quorum is not met at a special meeting, then another special
meeting shall be held again within 90 days.
Article 4 Executive
Committee (EC)
4.1
The
general body of OMM shall elect the Executive Committee (EC) which shall be
responsible for the day-to-day operations of OMM in a fiscally responsible
manner.
4.2
EC
shall be elected annually at the annual or special meeting by a simple majority
of votes. Five members shall be elected to constitute the EC. If five volunteer members are not available
to serve, then three members may be elected to constitute the EC.
4.3
The
EC shall elect within itself the following positions: i) President, ii) Vice President, iii) Secretary, iv) Treasurer, and v) Event Coordinator.
4.4
The
term of the EC shall be one year, typically March 1 through the end of
February. This provides the opportunity
for the EC to file the necessary governmental forms. Each EC must file the necessary governmental
forms during their term. If any forms
are not filed as needed, the prior EC shall take responsibility to work with
the current EC to assure that necessary filings are made.
Article 5 Finances
5.1
The
finances of OMM shall be managed as set forth in the by-laws in this
constitution.
5.2
OMM
is organized exclusively for charitable, religious, and educational purposes,
including for such purposes as making distribution to organizations that
qualify as exempt organization under section 501(c)(3) of the Internal Revenue
Code, or corresponding section of any future federal tax code.
5.3
No
part of the net earnings of the organization shall inure to the benefit of, or
be distributable to its members, trustees, officers, or other private persons,
except that the organization shall be authorized and empowered to pay
reasonable compensation for services rendered and to make payments and
distribution in furtherance of the purposes set forth in the purpose clause
hereof. No substantial part of the activities of the organization shall be the
carrying on of propaganda, or otherwise attempting to influence legislation,
and the organization shall not participate in, or intervene in (including the
publishing or distribution of statements) any political campaign on behalf of
any candidate for public office. Notwithstanding any other provisions of this
document, the organization shall not carry on any other activities not
permitted to be carried on (a) by an organization exempt from federal income
tax under section 501(c)(3) of the Internal Revenue Code, corresponding section
of any future federal tax code, or (b) by an organization, contributions to
which are deductible under section 170(c)(2) of the Internal Revenue Code, or
corresponding section of any future federal tax code.
Article 6 Amendments
6.1
This
constitution shall be amended only by a two-third affirmative vote of the eligible
voting members of the general body. An
appropriate written proxy on a proxy document provided by the EC may be
submitted by members. Such proxies shall
be submitted and verified prior to acceptance as votes by EC. The Board of Trustees (BT) may request the proxy and verification documents
from the EC and certify the votes prior to final acceptance.
6.2
The
EC shall consider proposed constitutional amendments and make their
recommendations to the general body to agree to endorse, amend, or not
recommend the approval of proposed amendments by the members.
6.3
Amendments
to the Constitution shall be submitted in writing to the Secretary with
signatures of at least two members of the EC, or two members of the BT, or not
less than 25 percent of the general body voting members of OMM at least 60 days
prior to consideration by the members.
The amendments to be considered by the general body must be communicated,
along with the notice of the meeting where the amendments will be voted upon, to
members by the EC at least 30 days prior to the meeting. The communication maybe provided
electronically using the available member email addresses, provided by postal
mail, and/or posted at an OMM event with the intent that most, if not all,
members have the opportunity to be aware of such communication. The OMM website should indicate that
amendments are available and a notice of the meeting should appear prominently
on the website.
6.4
Amendments
shall be submitted to a vote at the next annual or special general body
meeting. Modifications in the form of amendments to the amendment may be made
from the floor.
Article 7 Dissolution
7.1
The
OMM can be dissolved only by a vote of at least two-thirds of all eligible voting
members. The dissolution vote should
take place an annual or special meeting, if feasible. If not feasible, then the dissolution vote
may be solicited and received electronically or on paper.
7.2
Upon
the dissolution of the organization, assets shall be distributed for one or
more exempt purposes within the meaning of section 501(c)(3) of the Internal
Revenue Code, or corresponding section of any future federal tax code, or shall
be distributed to the federal government, or to a state or local government,
for a public purpose. Any such assets not disposed of shall be disposed of by
the Court of Common Pleas of the county in which the principal offices of the
organization is then located, exclusively for such purposes or to such
organization or organizations as said Court shall determine, which are
organized and operated exclusively for such purposes.
Article
8 Board of Trustees (BT)
8.1
The
Board of Trustees (BT) shall consist of three members elected by the dues
paying members at the annual or special general body meeting. No more than one member of the BT may be from
the same immediate family, e.g. two same family spouses, mother-daughter,
sisters.
8.2
Initially,
the current EC may solicit and agree by majority upon three trustees. One trustee shall be designated as serving one
year term, another two year term and the third a three year term. At the annual meeting after such designation,
the three designated trustees shall either be elected by the general body for
their terms or shall be considered elected if no other members meeting the
requirements for a trustee declare themselves as standing for election. If there are members, other than the three
designated initial trustees, declaring their desire to be elected for a trustee
position then there shall be an election among all candidates.
8.3
After
the initial election, every year one of the BT members will be up for re-election. If there is a member candidate that declares
to be a candidate for trustee election, other than the current trustee up for
re-election, the current trustee shall not be considered for re-election. The intent is that if there are other
qualified members willing to serve as a trustee, they shall have the
opportunity and rotation of the BT shall occur.
8.4
Trustees
shall be current dues paying members and members of the OMM for at least 10
years to qualify as Trustee.
8.5
BT
shall be responsible for providing general guidance to the EC of OMM and
safekeeping of long-term reserve funds.
8.6
If
for some reason, such as lack of volunteers, an EC is not elected, the BT shall
maintain the organization until an EC is elected. If in the opinion of the BT, an EC cannot be
elected after an annual meeting and one special meeting, due to a lack of
volunteers for EC or lack of quorum at the meetings, the BT may appoint members
to the EC.
8.7
If
an EC member elects to leave the EC, the remaining members of the EC shall
agree to select a replacement EC member and notify the BT of such.
8.8
If
a BT member elects to leave the BT, the remaining trustees and EC members shall
select by majority vote a replacement trustee.
Duly agreed by:
President: Date:
May 01, 2015
Secretary: Date:
May 01, 2015
Board of Trustees:
Date
adopted: May 01, 2015
By-Laws of Orlando Marathi Mandal (OMM)
Article 1 Membership
1.1
Membership
dues shall be determined annually with the guidance of the Board of Trustees
(BT) and presented to the general body at the first meeting or event of the new
Executive Committee (EC) term.
2.1
EC
shall manage the affairs of OMM and take decisions on all financial matters to
manage the expenses to remain within the available short-term financial
resources of the OMM.
2.2
Duties of the EC officers:
a. President:
i)
The President shall be responsible for the
activities and the operation of OMM in a fiscally responsible manner for the
term of his/her office. The President
shall preside over the meetings of the general body and the EC.
ii)
The
President shall report on the general progress of OMM and any involvement with
other local or national organizations, e.g. Brihan Maharashtra Mandal, at the
general body meeting.
iii)
The
President or designate thereof shall represent OMM and participate on behalf of
OMM at meetings of other organizations to further the cause of OMM.
iv)
The
President is responsible for ensuring that the necessary government filings,
including those required by the Internal Revenue Service, state of
v)
The
President has the critical responsibility to complete the appropriate
government filings on a timely basis, at least by the end of February. Copies
of all official government documents, including Federal Tax ID forms, annual
filings, and annual financial statement shall be provided to the BT for
safekeeping for duration as required by law.
vi)
The
President shall make all financial records available to and request the BT or a
dues paying member appointed by the BT to audit and authenticate the financial
records of OMM for the past year.
vii)
The
President shall strive to generate a reasonable net income such that some
monies can be added to the long-term funds/reserves. The intent of such reserves is to generate
sufficient interest/investment income such that a portion can be transferred to
the short-term fund/balance and allow for a reduction in reliance on annual
dues to fund the ongoing activities of OMM.
Appropriate available balances will aid the mission to maintain and
enrich the cultural, religious, and educational heritage of Marathi /
b. The Vice President:
i)
The
Vice President shall be responsible for the physical assets (equipment and
inventory) of OMM.
ii)
President
shall assume the responsibilities of the President when requested by the
President or in case the President is unavailable.
c. Secretary:
i)
The
Secretary shall maintain the permanent historical records of OMM; maintain
minutes of the EC and general body meetings for given elected year.
ii)
The
Secretary shall notify the members, the time and the location of the meetings
and other gatherings of OMM as required by the OMM constitution and by-laws.
d. Treasurer:
i)
The
Treasurer shall maintain a permanent register showing detailed records of the
financial transactions, income, expenditure and balance sheet statements and
the assets for each elected year.
ii)
The
Treasurer shall prepare a budget such that the year’s operations can be managed
in a fiscally responsible manner.
iii)
All
invoices / payments shall be approved by the EC prior to payment. The Treasurer shall strive to make all
payments by check for ease of payment tracking.
Disbursement of cash shall be minimized.
All disbursement of cash shall be properly noted and accounted.
iv)
The
Treasurer shall be responsible for preparing the year-end financial statement.
v)
The
Treasurer shall make available the financial records to the EC and the BT as
requested and at the end of the fiscal year.
e.
Event Coordinator:
i)
The
Event Coordinator shall prepare a draft calendar of events to review with the
EC.
ii)
The
Event Coordinator shall prepare a draft agenda for each event for review and
discussion with EC.
iii)
The
Event Coordinator shall solicit participants for event agenda items.
f.
Board of Trustees:
i)
The BT shall be responsible for providing guidance
to the OMM’s annually elected EC within the constitution and the bylaws of the OMM.
ii)
The BT shall be responsible for investing the long-term
funds in a fiscally responsible manner.
iii)
The BT shall advise the President during general
body meetings in the matter of compliance with the constitution and the by-laws
of the OMM.
iv)
The
BT or a dues paying member appointed by the BTshall audit and authenticate the
financial records of OMM each year.
v)
Copies
of all official government documents, including Federal Tax ID forms, annual
filings, and annual financial statement shall be requested by and maintained by
the BT for safekeeping for a period as required by law.
Article 3 Privacy
3.1
OMM shall protect the privacy and confidential
information of the members of OMM. Neither
the EC nor the BT shall sell or provide member information to anyone, including
individuals, organizations, and businesses.
Member information, including membership list, email addresses, and
phone numbers, is considered confidential.
3.2
Appropriate discussion in the EC and judgment must
be exercised before providing third party information or material to the
members, especially using member contact information, e.g. email addresses. If in the judgment of the EC, third party
announcement or material should be provided to members, it should be forwarded
by the OMM, noted as third party material and any associated cost is to be
borne by the initiating/requesting person or entity, e.g. cost of printing,
processing, and mailing,if any.
3.3
If member communications occurs by email or other
computer applications, the member names and addresses are to be hidden such
that recipients are not able to access the names or addresses of others.
3.4
An updated member list and information is to be
provided to the successive EC and to the BT, if requested for safekeeping.
Article 4 Finance
4.1
The
EC shall open/maintain the required bank account(s).
4.2
The
short-term / operational funds shall be managed by the Treasurer and another officer
of the EC.
4.3
The
long-term reserve fund shall be invested by a fiscally responsible manner.
4.4
The long-term reserve fund shall not be used for
the operation of OMM without the approval of two-third majority of the voting members of
the BT.
4.5
The
BT shall provide all or a part of the annual income generated from the investment
of
4.6
long-term
reserve fund to the EC to support the needs of the OMM.
Article 5 Meetings
5.1
The
annual general body meeting of OMM shall be held during or near Diwali function
of the OMM to elect the new EC body for the upcoming year.
5.2
OMM
shall communicate information of interest, including event announcements and
meeting notices, to members, typically via the OMM website and by email.
5.3
A
Special general body meeting may be called by the Secretary, thirty days after
publishing the meeting date, place, and time by email, computer application
such as Evite, or by postal mail, such that all members are able to receive the
notice at least thirty days prior to the meeting. It is understood that due to changes of
contact information and such changes not reported by members to the Secretary,
all members may not be reached by electronic means as would be desired.
Article 6 Amendments
6.1 Any article or section of the by-laws
shall be amended or a new one shall be added only by agreement by a majority of
the EC and a majority of the BT members.
Any changes should be made known to the general body and an opportunity
shall be provided to the general body to rescind or amend any changes to the
by-laws at an annual or special general body meeting where a quorum is
available.
Duly Agreed
By:
President: Date: May 01, 2015
Secretary: Date: May 01, 2015
Board
of Trustees:
Date
adopted: May 01, 2015