CONSTITUTION AND BY-LAWS OF
Hawthorn Grove, Inc.
PO BOX 706
MONTICELLO, NEW YORK
(A Pagan religious congregation)
ARTICLE I - PREAMBLE
A. The name of this
religious society shall be Hawthorn Grove, Inc.
B. This society is a
congregation or confederation of sovereign and equal persons interested in
engaging together in communal study, prayer, worship, meditation and exercise
of spiritual practices common to the Neopaganism traditions known as Witchcraft
or Wicca, Druidism, Deep Ecology, native Shamanism, and other nature-oriented
systems of belief and practice. The society shall be referred to herein as the
Congregation. It is incorporated and shall operate exclusively as a nonprofit
religious organization under the laws of the State of New York and the U.S.
Government.
C. The purpose of this
Congregation is to provide a forum and a context for sharing and mutual support
within Neopaganism (a term sometimes used to distinguish Pagans of today from
those who lived in ancient times). Subject to the provisions of these By-Laws,
membership in Hawthorn Grove is open to any Neopagan for whom the Wiccan Rede
serves as the basis for a personal ethical system, regardless of tradition,
pantheon or liturgical language.
D. Hawthorn Grove does
not have a vertical hierarchy in the sense of being headed by a High Priestess,
Grand Master, Prophetess or Pope, though traditions and faiths which have such
structures are respected by Hawthorn Grove as legitimate and valid for their
adherents. Members may also belong to other organizations, including those
which are more "traditional" in nature, such as coverts or
loosely-knit circles of friends who hold rituals in each others' homes. For
administrative purposes, Hawthorn Grove has a Secretary to manage its affairs.
However, neither the Secretary nor any of the other officers or clergy of
Hawthorn Grove are permitted to attempt to exercise any power to speak on
behalf of the Lady or Lord in a matter which is lawfully or spiritually binding
upon the membership. Based on beliefs in democratic principles of universal
human equality, the sisterhood of women and brotherhood of men, Hawthorn Grove
opens the rites of a lawful Pagan clergy to all who would pursue that path in
service of the community and for the betterment of themselves.
ARTICLE II - PURPOSES
The purposes for which this
Congregation is formed are as follows:
A. To promote daily
prayer and study of the native and shamanistic religious which are indigenous
to ancient and modern peoples;
B. To assemble at
regular intervals to celebrate the cycles of nature and honor the potent
spirits of the divine Queen and King of the elements, honoring the community of
all Deities, and to seek self-development through meditation and other
spiritual techniques;
C. To train and ordain a Pagan
clergy;
D. To educate the public and issue
publications on matters of Pagan religion;
E. To engage in organized community
service and to administer funds for Pagan and general charitable purposes.
ARTICLE III - MEETINGS
A. The dates of regular
meetings of Members shall be set by the Members themselves, or by any person or
persons designated. Notice of regular meetings may be included in the
Newsletter and/or by communication from the Summoner.
B. The Annual Meeting
of the Congregation shall convene each year in the month of October or November
at any place designated in the notice. Notice of this meeting, which shall be
contained in the Newsletter, together with a proposed annual budget, shall be
sent by the Secretary to all Members at least two (2) weeks prior to the
meeting.
C. Special Meetings of the Board of Trustees
may be called at any time by one (1) or more Members of the Council of Elders
or Board of Trustees, by written request to the Secretary. A Special Meeting
shall be called not more than ten (10) days after the request for the meeting
has been received. Any call for a special meeting shall state the object for
which the meeting is to be held and the time place of the proposed meeting.
D. A quorum, consisting
of more than one-half of the existing body, shall be required to convene any
meeting of the Board of Trustees for the purpose of conducting business.
E. A quorum of the
general membership shall consist of those voting Members who are present at any
duly called meeting of Members.
F. A quorum of the
Council of Elders shall consist of those Elders who are present at any meeting
thereof.
G. Any business meeting
of the Board of Trustees, Council of Elders, or of the Congregation may be held
in person or by telephone conference call.
H. In general (except
for meetings by telephone), meetings of the Council of Elders shall be open to
all Members of the Congregation, who shall be entitled to participate in
discussion. In its discretion, under extraordinary circumstances, the Council
of Elders may withdraw into executive session and limit any such meeting only
to Elders of the Congregation or such others as they may invite. Any meeting Of
the Congregation, of the Council of Elders, or of the Board of Trustees may be
closed to anyone who is not a Member of
such respective body.
I. Any member of the
Congregation may inspect the Minute Book and financial records of the
Congregation, provided reasonable advance notice is provided to the custodian
of such books and records.
J. Every Member
entitled to vote at a meeting, or to express consent or dissent without a
meeting, may authorize another Member or Members to act by proxy.
ARTICLE IV - MEMBERSHIP
A. Any person may
become a voting Member of this Congregation who is in sympathy with its
purposes, submits a completed Application for Membership to the Secretary, and
makes art annual contribution of record. The Board of Trustees may reject any
Application for Membership without stating reasons for such action. The
Congregation and Board of Trustees shall not discriminate on the basis of race,
color, gender, affectional or sexual orientation, handicap, old age, national
origin, or other religious affiliation.
B. No person under the
age of eighteen (18) may be a Member of the Congregation unless at least one of
her or his parents or legal guardians are also a Member and consents thereto.
C. Incarceration shall
not, in itself, bar a person from becoming a Member of the Congregation, except
that incarcerated Members may not vote
at any meeting, including by proxy. Incarcerated Members shall be exempt from
any requirement that they contribute financially to the Congregation, and shall
also be not entitled to clergy status
while incarcerated.
ARTICLE V - BOARD OF TRUSTEES
The policy direction of
this Congregation shall be vested in a Board of Trustees, which shall be
comprised of not less than three (3) nor more than thirteen (13) Members of the
Congregation who have been elected by the Board of Trustees to serve for a term
of one (1) year and until their successors shall qualify for office. Members of
the Board of Trustees may serve consecutive terms without restrictions and may
also serve concurrently on the Council of Elders.
ARTICLE VI - COUNCIL OF ELDERS
The Clergy powers and
authority vested in this Congregation under the laws of the State of New York,
and any other civil jurisdiction, shall rest with a Council of Elders,
comprised of not less than three (3)
nor more than thirty-nine (39) Members of the Congregation. Elders may be
elected by the Council, or appointed by the Board of Trustees, for a term of
three (3) years. Elders may serve consecutive terms without restrictions Except
as specifically empowered by these By-Laws, votes taken by the Council of
Elders will be given due respect and consideration by the Board of Trustees,
but shall be advisory in nature. In order to remain active oil the Council of
Elders, current membership status in the Congregation is required.
ARTICLE VII - OFFICERS
A. In general, the
Congregation, Council and Board shall attempt to function by consensus. The
Elders, Trustees and officers are delegated as little authority by the
membership as possible in order for the Congregation to operate and remain
organized and viable as a corporate body.
B. Counselor - The
Counselor shall preside in all ritual and liturgical matters, but have no power
of compulsion over the Will of the Congregation or Members. The position of
Counselor shall not be a standing
office, but shall rotate among any and all Members of the Congregation. When
the Congregation meets at the home of one or more of its Members, the hostess
or host shall be or appoint the Counselor for that meeting.
C. Consort - A Consort
may be designated by the Counselor, whether or [lot they are regular working
partners and irrespective of gender. The Consort shall co-lead in ritual and
liturgical matters, with the Congregation, but neither shall have any power of
compulsion over the Will of the Congregation or any of its Members. The
position of Consort shall not be a standing office, but shall rotate among any
and all Members of the Congregation.
D. Summoner - The
Summoner, who shall be elected by the membership at the Annual Meeting of the
Congregation, to serve for a term of one (1) year. The Summoner shall maintain
the Congregation's calendar, attendance records, and provide oral, telephonic
or written notice to all appropriate persons of any meetings, rituals or
religious celebrations. The Summoner should also serve as art informal social
networker, keeping Members informed and mindful of significant life events and
changes within the Congregation.
E. Secretary - The
Secretary, who shall be elected by the Board of Trustees at the Annual Meeting
of the Congregation, shall:
1. Have custody of a
record of the proceedings or minutes of all meetings ill a book or books
established and contentiously maintained for such purpose;
2. Facilitate all meetings
by ensuring that each Member present is treated fairly and courteously and has
a chance to fully express themselves, ill the course of making decisions
affecting the management of the Congregation;
3. Have custody of the seal of the Corporation;
4. Execute of any
written instruments oil behalf of the Corporation when so authorized by the
Board of Trustees;
5. Edit a Newsletter,
published by the Congregation at least four (4) times per year, known as The
Hawthorn Spinner, and have freedom of the press and pulpit in all expressions
thereof and to exercise absolute editorial discretion, indemnified by the
Congregation, with a disclaimer that any opinions expressed thereof do not
necessarily represent the beliefs or opinions of anyone other than the writer;
6. Provide the
day-to-day management of the Congregation, including issue of correspondence,
publications, and other matters.
F. Assistants -
Assistants may be appointed by the Secretary or Summoner for ally purpose in
completing their respective tasks.
G. Pursewarden - The
Pursewarden shall be elected from among the Council of Elders at the Annual
Meeting of the Congregation, to serve for a term of one year and until a
successor shall qualify for office. The Pursewarden shall perform such duties
as generally pertain to the office of Treasurer, shall be responsible for
keeping the financial books of the Congregation, and shall issue checks oil
behalf of the Corporation. Expenditure of Congregation funds shall be reviewed
by the Council of Elders and membership at least once per year.
VIII - REMUNERATION
Members of the Board of
Trustees shall not be paid for serving
in this capacity. However, the Board may appoint whatever assistants or
employees it deems necessary, and financially or otherwise remunerate such
assistants. This does not prohibit ally
individual member or members of the Council or Board from being paid for
services rendered to the Congregation in some other capacity.
ARTICLE IX - CLERGY
A. Ministers - Members
may serve as ordained Ministers to the Congregation in furtherance of Pagan
religion when appointed by the Board of Trustees. Order of ceremonies or
rituals may be solemnized by the Council of Elders, or by such proxy or proxies
as the individual may select and be approved by said Council.
B. Credentials - In
order to receive lawful ministerial credentials from this Congregation, a
person shall:
1. Be a Member of the
Congregation for at least a year and a day, participating in a full cycle of
annual celebrations, including: Samhain, Yule, Imbolc, Ostara, Beltane, Litha,
Lughnassad and Mabon (or their equivalents);
2. Serve as Counselor,
as described in Article VII, Section B of these By-Laws, at a regular meeting
of the Congregation oil at least one occasion;
3. Be formally accepted
into a program of training in a manner which entails committing one's self to
the requirements of one or more Pagan paths or traditions, and file her or his
credentials and continuing education plan with the Secretary;
4. Pledge to endeavor
to abide by personal ethics rooted in the Wiccan Rede in all intentional acts
spiritual and mundane; and
5. Be mindful of
decisions and policies of the Congregation, its Council of Elders and Board of
Trustees in magickal intention when working with the Congregation and when
representing the Congregation to the outside world.
C. Relation to
Membership - No member of the Clergy shall have authority or power to exert any
degree of compulsion over ally Member in any spiritual or mundane matter, or to
maintain any undue power or influence by virtue of their position. Members
shall sustain the clergy and Council of Elders by providing moral support and not speaking ill of them, though honest
dissent and dialogue are encouraged.
ARTICLE X - CONFIDENTIALITY
No information about
any person associated with the Congregation, or about ally person or group who
has ever applied for membership in the Congregation, may be communicated by any
Member to anyone outside the Congregation, except:
A. When specific
permission, verbal or written, has been obtained by the subject of the
information to be disclosed;
B. In the case of the
Newsletter, when written communication has been received by the Secretary or
Editor.
ARTICLE XI - SEVERANCE OF
MEMBERSHIP AND EXCOMMUNICATION
By a two-thirds vote of
the Council of Elders, or by unanimous vote of the Board of Trustees, any
Member of the Congregation may be removed from the rolls for:
A. Making a written
request to be severed from membership;
B. Within a period of
one (1) calendar year, failure to either: (1) attend at least one meeting of
the Congregation, Council or Board, or to (2) make an actual contribution of
record.
3. Violating the
"Confidentiality" section of these By-Laws.
4. Willfully acting in
a matter injurious to the Congregation.
5. Filing a false
written statement with the Secretary, such as oil all Application for
Membership or Application for Clergy Status.
6. Committing any violent
crime, or any crime of a sexual nature, or being found guilty of any offense
against a child (including an adjudication of child abuse, neglect or
maltreatment in Family Court or the equivalent), or being the subject of art
"indicated" report of child abuse or maltreatment.
7. Committing any act
which, if it were adjudicated, would constitute a violation of the NYS Penal
Law against another Member, or Member's family member, or against the
Congregation itself.
ARTICLE XII - ETHICS GRIEVANCES
The intent of this
section is to aid in support of the Wiccan Rede, "'An’ it harm none, do
as ye will."
Ethics Grievances
within the Congregation shall proceed as follows:
A. An action may be
initiated against any Member or affiliate group by any person who writes a
letter to the Secretary alleging that any of the infractions enumerated in
Article XI above may have been committed by said Member or group; or may be
initiated by the Secretary when such information appears to give reasonable
cause to suspect that such art event may have occurred. The Secretary shall
call a hearing of the Council of Elders within ten (10) days of receiving any
such complaint, causing it to be held within thirty (30) days thereafter.
B. The subject(s) of
any such action shall be informed in writing, by the Secretary, of the nature
of the grievance at least tell (10) days prior to any scheduled hearing before
the Council of Elders. If the Member does not object to being severed from the Congregation, or does not appear at the scheduled hearing, the
Elders present may act in the Member's absence. The subject of a grievance has
the right to invite a representative to represent or accompany her or him,
provided the representative is a Member of Hawthorn Grove. Because art ethics
grievance under this section is art ecclesiastical function, and not a legal proceedings there is Ito right to
be represented by an attorney, unless the attorney is a member of the
Congregation. The subject has the right to be presented with and to answer ally
evidence, and to question any witnesses. All discussion in proceedings of this
nature is to remain strictly confidential within the group physically present
at the hearing, although the final disposition or outcome, charge(s) and nature
of evidence may be announced in the Newsletter or other public forum, if a
majority of the Council of Elders so recommends. A record of the proceedings
shall be kept and maintained by the Secretary.
C. After receiving all
evidence and testimony, and deliberating in secret, the Council of Elders may
take any of the following actions: (1) Ito action; (2) disfellowshipment, which
shall result in temporary suspension of all privileges of membership, until a
time specified; (3) removal from the Council of Elders and/or Board of Trustees
(including revocation of Clergy credentials), as applicable; (4) termination of
membership; or (5) disaffiliation (in the case of affiliate groups).
D. Within ten (10) days
following disposition by the Council of Elders, the subject of the proceeding
shall be notified in writing of the Council’s decision, along with any actions
necessary for possible reinstatement if desired.
E. The subject shall
have the right to appeal any decision of the Council of Elders to the Board of
Trustees. The Board of Trustees, if acting unanimously, may also take
initiative to overturn a decision by the Council of Elders if in its judgment
it appears art injustice has been done.
ARTICLE XIII - AFFILIATE GROUPS
A. Spiritual or
religious groups in any location consisting of three or more persons who
ascribe to any recognized Pagan path or tradition may petition the Board of
Trustees for affiliate status with Hawthorn Grove, provided the following
conditions are met:
1. A unique name for the
group and a designated group contact or spokesperson is identified, with her or
his address and phone number.
2. The group ascribes
to the non-hierarchical structure of Hawthorn Grove, and agrees to abide by the
nondiscrimination and ethical provisions set forth in these By-Laws.
3. The group has met at
least once per month, for purposes of religious observance, celebration, and/or
spiritual practice for a year and a day prior to filing the Petition for
Affiliation.
4. Other supporting
documents accompanying the Petition shall include a minimum of the following
items:
a. Completed
applications for individual membership from each member of the applicant group;
b. Articles of
incorporation or association, or similar document, if any;
c. By-laws or
other written rules of the group, if any;
d. A written record of
each meeting of the group for one year prior, describing the occasion for each
meeting, number of persons present, and a brief account of proceedings and any
decisions made;
e. Other items
considered relevant by the applicants including but not limited to brochures or
other published literature, press clippings, etc., which describe the group's
purposes, goals, beliefs and public and private activities.
5. Each member of the
affiliating group shall sign the Petition in agreement to abide by the By-Laws
of Hawthorn Grove, as well as any applicable State and Federal laws and
regulations governing the conduct of religious organizations and nonprofit
institutions.
B. Affiliate groups
shall submit art Annual Report to the Secretary no later than September 30th of
each year describing their activities, providing a financial statement for the
past year, and a meeting/activity plan for the coming year. Failure to submit art
Annual Report prior to October 31st may be cause for disaffiliation of the
group, in the discretion of the Board of Trustees.
C. Affiliate groups
shall be free to formulate their own specific Pagan religious doctrines and
practices, even as individual members of the Congregation and of respective
affiliate groups are free to do so. Some groups may choose to identify
themselves as following one or more specific Pagan traditions, pantheon or
orientation, or they may be as eclectic and divers in nature as is Hawthorn
Grove as a whole. Either option is in keeping with the spirit and intent of
these By-Laws.
D. Any officer of
Hawthorn Grove, or any member of the Board of Trustees or Council of Elders,
may attend any meeting of any affiliate group, but without privilege of voting
on any local issue.
E. Each and every
affiliate group shall have the option and right to designate a representative
to serve oil the Council of Elders of the Congregation. Once accepted, s/he
shall be equal in all respects to previously sitting members of the Council.
F. Immediately upon
acceptance as an affiliate group, all individual members thereof shall be and
become Members of Hawthorn Grove, entitled to all rights and privileges of
membership. Affiliate groups shall promptly provide the Secretary with such
up-to-date individual identifying data and such other personal information as
may be requested by the Secretary, whenever art individual member is added to
or dropped from the membership of the affiliate group and/or Hawthorn Grove.
G. Each affiliate group
will keep the Secretary on its mailing list(s) and provide copies of all
publications and other written communications which are sent to members or
others. Likewise, Hawthorn Grove will provide exchange subscriptions of The
Hawthorn Spinner to each member of affiliate groups, and will keep group
contact-persons informed of matters affecting the Congregation as a whole.
H. Annual dues for
affiliate groups shall be five-hundred dollars ($500.00) per year, or ten
dollars ($10.00) per individual member thereof, whichever is less. Payment of
such dues shall accompany the Petition for Affiliation and each subsequent
Annual Report to the Secretary. The first full, such amount submitted shall
constitute a nonrefundable Petition Fee.
I. If art affiliate
group does not honor its commitments to
the Congregation, either by virtue of ethical issues or in failing to provide
necessary information or dues in a timely fashion, by majority vote the Board
of Trustees may withdraw affiliation. In such cases, any annual dues on account
will not be refunded.
J. If a majority of
members of art affiliate group voluntarily determine to disaffiliate, they may
do so by providing thirty (30) days written notice to the Secretary setting
forth the reason(s) therefor and the date the vote was taken, as well as the
specific tally of such vote. In such cases, any annual dues oil account may be
pro-rated and be refunded if requested by the group. However, if three or more
individual members of the group wish to retain their group affiliation with
Hawthorn Grove, they may do so by submitting a new unique group name by which
they propose to be known. Under such circumstances a new Petition and Petition
Fee shall not be required.
K. Title to any and all
assets, whether real or personal, of groups and individual members thereof
seeking affiliation with the Congregation shall be unaffected by affiliation,
any subsequent disaffiliation or re-affiliation.
ARTICLE XIV - FISCAL YEAR
The fiscal year shall
end on October 31st at midnight.
ARTICLE XV - OFFICES
The principal office of
the Congregation shall be located in Monticello, New York. The Board of
Trustees may designate such other places of worship or for conducting business,
within or without the State of New York, as deemed appropriate.
ARTICLE XVI - SEAL
The seal of the
Corporation shall be as follows:
ARTICLE XVII - CONSTRUCTION
If there is any
conflict between the provisions of the Certificate of Incorporation and these
By-Laws, the former shall govern.
ARTICLE XVIII - INDEMNIFICATION
Every person who shall
serve as a Trustee, officer or Elder of this Congregation shall be entitled to
indemnification for all costs incurred by such Trustee, officer or Elder for
the amount of any judgment, fines, amounts paid in settlement, court costs, and
reasonable expenses, including attorneys' fees actually and necessarily
incurred as a result of such pending or threatened action or proceedings or any
appeals therein. Such fees and expenses authorized to be paid herein may be
advanced (prior to entry of any judgment or order or settlement) to any such
Trustee, officer or Elder in such manner as the Board of Trustees shall
determine or by agreement. No indemnification shall be paid to any Trustee,
officer or Elder if a judgment or other final adjudication adverse to the
director or officer establishes that the acts were committed in bad faith or
were the result of active and deliberate dishonesty and were material to the
cause of action so adjudicated, or that such director or officer personally
gained in fact a financial profit or other advantage to which such a director
or officer was not legally entitled.
The termination of a civil or criminal action by judgment, settlement, plea,
conviction or otherwise shall not
create a presumption that such Trustee, officer or Elder acted in such a manner
as to deny indemnification under this provision. Payments shall not be required to be made hereunder if any
insurance proceeds are paid under any liability, homeowner's, or similar
policy.
ARTICLE XX - NOT-FOR-PROFIT STATUS
A. No part of the
earnings of the Corporation shall inure to the benefit, or be distributable to,
its members, directors, officers, or other private person except that the
Corporation shall be authorized and empowered to pay reasonable compensation
for services Tendered and to make such payments and distributions ill
furtherance of the purposes set forth in Articles I and II of these By-Laws.
B. No substantial part
of the activities of the Corporation shall be the carrying on of propaganda, or
otherwise attempting, to influence legislation, and the Corporation shall not
participate in, or intervene in (including the publishing or distribution of statements)
any political campaign oil behalf of any candidate for public office.
C. Notwithstanding any
other provisions of the Articles of Incorporation or these By-Laws, this
Corporation, except to art insubstantial degree, shall not engage in any activities or exercise any
powers that are not in furtherance of
the purposes of this Corporation.
D. Upon the dissolution
of this Corporation, the Board of Trustees shall, after paying or making
provision for the payment of all the liabilities of the Corporation, dispose of
all the assets of the Corporation exclusively for the purposes of the
Corporation in such manner, or to such organization or organizations organized
and operated exclusively for Pagan religious, educational or charitable
purposes as shall at that time qualify as all exempt organization or
organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 as
revised (or the corresponding provision of any future United States Internal
Revenue Law), as the Board of Trustees may determine.
E. Any such assets not so disposed of shall be disposed of by
the Court of Common Pleas of the county in which the principal office of the
Corporation is theft located, exclusively for such purposes or to such Pagan
organization or organizations, as said Court shall determine, which are
organized and operated exclusively for such purposes.
ARTICLE XXI - AMENDMENTS
A. These By-Laws may be
amended, repealed or replaced at any meeting of the Board of Trustees, by a
two-thirds vote of those present and voting.
B. These By-Laws
supercede any and all others previously adopted.
First adopted: October 31, 1992
Last amended: June , 1994
at Monticello, New York