THE FIRST KINGDOM CHURCH OF ASPHODEL
OFFICIAL BYLAWS
THE FIRST KINGDOM CHURCH OF ASPHODEL
12 SIMOND HILL RD.
HUBBARDSTON MA 01452
ARTICLE I NAME
1.1 This religious organization shall be known as The First
Kingdom Church of Asphodel. (hereinafter "the Church") . The First
Kingdom Church of Asphodel reserves the name for it's own use and no other
church may use that name or any other name designating it at a Church of
Asphodel, unless authorized by charter from the First Kingdom Church of
Asphodel.
ARTICLE II LOCATION
2.1 The Church shall maintain its principal office in the
City of Hubbardston, State of Massachusetts, or such other location as may be
determined by the Board of Directors.
ARTICLE III HISTORY
3.1 The Church was officially founded on Sept. 5, 1999 in Hubbardston,
Massachusetts, with the election of the first officers; however, the Church has
been holding regular services since 1993. Since its official founding, the
Church has held regular meetings, services, and events in Hubbardston and
Worcester, Massachusetts, and created for itself a congregation. The Church has
also founded several internal religious orders and a school of divinity, the
College of Brigantia. On June 21, 2003, the acting clergy voted to file for
legal status, conferring upon us all the abilities listed in our Church
constitution.
ARTICLE IV PURPOSE
4.1 The purpose of the Church is to support, promote,
publish, research and teach religious arts, sciences and concepts; establish
and maintain places of worship in accordance with the traditions, rites and
practices of Asphodel; conduct regular services for worship and the celebration
of holidays in the tradition of Asphodel; offer spiritual guidance to our
members and all others who seek it; to support locally based community activities
and charity work, in partnership with other faith-based organizations;
establish churches of the Kingdom Church of Asphodel tradition in other
counties of the Commonwealth of Massachusetts, in other states of the United
States of America and in other countries of the world; establish, maintain and
conduct a school of religion for children and adults, known as the College of
Brigantia, which will give academic degrees and provide courses of religious
study, prepare individuals and qualify them to be ordained into the priesthood;
ordain ministers; and exercise any, all and every power to which an
establishment of religion is entitled, in order meet the religious and
spiritual needs of our community.
ARTICLE V MEMBERSHIP POLICIES
5.1 Requests for Membership
5.1.1 Membership may be granted to any individual who:
a) Is eighteen
years of age or more; or fourteen years of age or more with parental permission
b) Affirms
their desire to become a member of the church
c) Affirms
their willingness to abide by the Laws and Policies of the Church
d) Affirms that
they have attended three official church functions
5.1.2 If at the time of request, an elder, minister or
officer has proof of actions by the individual which are contrary to the laws
and policies of the church, they may voice an objection to the request for
membership and the Head of Church will consider this before making a decision.
5.2 Members have the right to attend both public and
members-only services, meetings, classes, and events, and to avail themselves
of any available service of the Church, with the exception of closed activities
of an internal order, committee or subgroup which they are not authorized to
attend. They may join any religious order within the church, based on the
criteria of that order as presented in these bylaws and determined by its
leadership. Members may request mediation or counseling.
5.3 For the purposes of church policy, active participation
shall be defined as attendance of at least three official church functions in
the past five years.
ARTICLE VI POLICIES REGARDING ELDERS, OFFICERS &
MINISTERS
6.1 Appointment of Elders
6.1.1 An elder of the church may nominate a member for elder
status. They are to notify the Head of Church or Representative of the Elders
of their intent, and the member will be issued an invitation to attend the next
Meeting of the Elders. If the member accepts the invitation and attends, the
nominating member will speak on behalf of the member and formally request the
Head of Church to consider their appointment to elder status.
6.2 Ordination of Ministers
6.2.1 Ordained ministers of the Church of Asphodel must meet
the following requirements of ordination:
a) Age of
majority under state law;
b) Full voting
membership in the Church;
c) Completion
of the Degree in Ministry through by the College of Brigantia, and
d) Approval
of the Asphodel Council.
6.2.2 If ordained, minister will be issued a ordination
certificate by the church council, which can only be revoked through
disciplinary proceedings
6.2.3 Ordination shall grant onto the minister all the legal
rights and responsibilities associated with ordained ministry, such as the
authority to officiate legal marriages. An interim lay-minister shall not be
considered to be recognized or licensed to perform such duties.
6.3 Resignation of an elder, minister, or officer is to be
accomplished by formal appeal to the Head of Church, in person, in the presence
of at least one member as witness.
ARTICLE VII BOARD OF DIRECTORS
7.1 Decisions concerning external legal and financial
matters are to be deferred to the Board of Directors, by the Church Council.
The Board of Directors shall consist of no less than three directors, and be
led by the Head of Church who shall act as the President.
7.2 Officers of the Board are appointed by the Head of
Church, and serve until such time as they leave the organization, resign from
their position or are removed from office. An officer of the Board may be
removed from office, without assigning cause, by the Head of Church. All
Officers of the Board must be members of the Church.
7.3 The Officers of the Board shall have authority and shall
perform such duties as are customarily incident to their respective offices, or
as may be determined by the Board of Directors, regardless of whether such
authority and duties are customarily incident to such office. Officers of the
Board shall be appointed by the Head of Church.
7.4 An officer of the board may hold more than one office
and have more than one title, but the president may not hold the office of
clerk.
7.5 Role of Officers of the Board
7.5.1 The Clerk of the Church shall be appointed by the Head
of Church and shall keep the Church Records, attend and record meetings,
maintain a record of the membership of the church, maintain a record of the
activities of the church and its orders, subgroups and committees, and perform
such other duties as designated by the Board of Directors or Church Council.
7.5.2 The Treasurer be appointed by the President to keep
the financial records of the Church and be responsible for cash receipts and
disbursements.
7.5.3 Directors shall serve as advisors in matters of legal
and organizational policy.
ARTICLE VIII MEETINGS
8.1 Requirements for Meetings
8.1.1 An Open Meeting of the Church shall be considered
valid if:
a) Members
meet in person.
b) The Head of
Church is present.
c) The Clerk of
the Church is present, or another member temporarily acts in their place.
d) At least
three members other than the Head of Church are present.
8.1.2 A Meeting of the Church Council shall be considered
valid if:
a) Council
members meet in person.
b) The Head of
Church is present.
c) The Clerk of
the Church is present, or another member temporarily acts in their place.
d) At least two
council members other than the Head of Church are present.
8.1.3 A Meeting of the Elders shall be considered valid if:
a) Members
meet in person.
b) The Head of
Church and Representative of the Elders are present.
c) The Clerk of
the Church is present, or another member temporarily acts in their place.
d) At least two
elders other than the Head of Church and the Representative of the Elders are
present.
8.1.4 A Meeting of the General Membership shall be
considered valid if:
a) Members
meet in person.
b) Representative
of the Membership is present.
c) The Clerk of
the Church is present, or another member temporarily acts in their place.
d) At least
three members of the general membership are present.
8.2 Policies for Voting at all Meetings
8.2.1 A member authorized to vote at a meeting who is not
able to be present for voting may entrust their vote, in writing, to any other
voting member who will be in attendance, or give it to the clerk in writing
before the vote takes place.
8.2.2 Decisions put to a vote shall be carried with a
majority vote, whether in person or by proxy, unless a unanimous vote or other
condition is explicitly required by the Laws and Policies of the church.
8.2.3 Members authorized to vote may abstain. A member’s
absence at the time of voting will be considered an abstention, unless a proxy
vote has been cast. Abstentions will not be considered in determining a
majority or unanimous vote.
8.3 Special Requests to Attend Meetings
8.3.1 If the head of church or a representative grants a
member or other interested party the right to attend or speak at a meeting
which they would not otherwise be authorized to attend, this will not grant
them the right to vote or otherwise participate in the meeting beyond what has
been permitted to them by the representative or head of church.
8.3.2 Requests to address the Church Council may be made:
a) By members
and other interested parties, to the Representative of the Membership.
b) By an elder
not on the council, to the Representative of the Elders.
8.3.3 If such a request is denied, an appeal may be made to
the Head of Church.
8.4 Notice to Appear at a Meeting
8.4.1 The Head of Church, Church Council, or either
Representative may issue a request that a member attend a meeting which is under
the issuing party’s authority. The Head of Church may issue a citation
requiring a member to appear before the church council for disciplinary
matters.
8.4.2 Such notice or citations shall be delivered by either
the issuing party or the clerk by the most expedient means practical. If the
member cannot appear upon reasonable notice, the meeting can be rescheduled one
time.
8.4.3 In the case of a request to an elder, minister, or
officer, failure to appear without good reason may result in disciplinary action.
8.4.4 In the case of any citation for disciplinary matters,
failure to appear a second time will result in such disciplinary action as the
Head of Church sees fit.
ARTICLE IX ORDERS & CHURCH AUXILIARIES
9.1 The College of Brigantia.
9.1.1 The purpose of the College of Brigantia includes but
is not limited to being the education organization of the Asphodel faith. It
issues degrees and certificates to members for completion of specified courses
of study.
9.1.2 The school is administered by a committee of the eight
Minor Officers who head each of the teaching orders. Leadership of this
committee is a Primary Office, and is rotated annually through its membership,
in a manner determined by the committee. All eight teaching Orders therein are
under the authority of the College.
9.1.3 Teachers of the college need not be formally
accredited, provided they are approved by the head of the order or orders that
they will be teaching under.
9.1.4 The College of Brigantia is not an accredited college
and shall in no way be misrepresented as one.
9.1.5 Teachers are approved to request a teaching fee of not
more than five dollars per class from non-members. Teachers are expected to
accept reasonable barter of goods or services in lieu of payment, in cases of
financial need. An additional fee to cover rental of the site, materials, or
other costs may be asked of members and non-members, with the approval of the
head of the order.
9.1.6 Teachers of the college may not request any fee for
classes offered as part of major weekend religious events. Costs associated
with these classes will be considered in the event budget.
9.1.7 Teachers and heads of orders may set prerequisites to
any course or program. They may set standards for successful the completion of
a course of study and assess whether a student has met these standards.
9.1.8 For each class, teachers must keep records of the
following
a) The names of
students in attendance
b) Whether
each of these students successfully completed the course
c) The date(s)
the course was held on, and the primary location of instruction.
d) The name of
the class
e) Whether
the course meets the requirements for a degree or certification program within
the college
f) Fees
collected, expenses, and funds or goods transferred to the order.
9.1.9 Teachers must provide these records to the head of
their order, at least quarterly. The primary officer of the order shall collect
these records annually and provide a copy to the clerk of the church.
9.2 The Order of Blutwasser
9.2.1 The purpose of the Order of Blutwasser is to provide a
structure for martial studies in conjunction with service to the church and the
broader community. The order coordinates charitable events, such as canned food
drives, for the benefit of local, national, or international charities.
9.2.2 The order is led by the senior member, and the
position is one of a minor officer.
9.2.3 Criteria for admission to the order is under the
authority of the head of church and the senior member, and includes a specified
course of study lasting no less than one year under the direct supervision of
an existing member or the order. Candidates must be members of the church, and
are considered conditional junior members of the order during this time.
Admission into the order requires a sincere and lasting commitment to the
ideals of the order and service to the church. Membership can be terminated
through death, resignation, or disciplinary action.
9.2.4 The senior member is required to maintain a record of
financial transactions and charitable activities, including the receipt and
disbursement of goods for charitable collections, funds raised for the church
or any other purpose, and expenses related to fundraising or charitable work.
The order has full authorization to conduct what charitable and fundraising
activities it sees fit.
9.3 The Order of Masters of Arms
9.3.1 The Order of Masters of Arms exists to further the
study of the martial arts as a vehicle for spiritual growth and development.
This order coordinates meetings for practice and discussion.
9.3.2 The order is led by the senior member, and the
position is one of a minor officer.
9.3.3 Criteria for membership in the order is under the
authority of the senior member, and does not require membership in the church.
Criteria for attaining rank in the order is also under the authority of the
senior member, but does require membership in the church.
9.3.4 The senior member is required to maintain a record of
events, attendance, rank, and finances, and provide this to the clerk annually.
9.4 The Guild of the Wheel
9.4.1 The purpose of the Guild of the Wheel is to learn,
teach and disseminate handcrafts as a spiritual discipline, through eight
associated guilds, each focused on one are of craft.
9.4.2 The Guild of the Wheel is led by a primary officer of
the membership, appointed by the head of church. Each associated guild is led
by a minor officer of the church.
9.4.3 Membership in each guild is determined by
participation, and is not restricted to members of the church. Criteria for
attaining rank in each guild is under the authority of the senior guildmaster,
and does require membership in the church.
9.4.4 The Primary officer of the Guilds is required to
maintain a record of events, attendance, rank, and finances, and provide this
to the clerk annually.
9.5 Embassy Corps
9.5.1 The purpose of the Embassy Corps is to promote
fellowship, peace, and mutual understanding between the Church and other
organizations or communities.
9.5.2 Leadership is a primary office of the membership, and
appointed by the Head of Church.
9.5.3 Criteria for membership is under the authority of the
primary officer, and is restricted to members of the church.
9.5.4 The primary officer is required to maintain a record
of activities, finances and members, and provide this to the clerk annually.
9.6 Order of the Horae
9.6.1 The purpose of the Order of the Horae is to develop a
framework for monasticism within our tradition, and promote structured
contemplative spiritual practice in the broader religious community.
9.6.2 Leadership is a primary office of the membership, and
appointed by the Church Council.
9.6.3 Criteria for membership is under the authority of the
primary officer.
9.6.4 The primary officer is required to maintain a record
of activities, finances and members, and provide this to the clerk annually.
9.7 Further Policies
9.7.1 All such groups are wholly-owned auxiliaries of the
First Kingdom Church of Asphodel, and under the ultimate authority of the Head
of Church.
9.7.2 The head of church or church council may form other
orders, subgroups, and committees within the church, and establish the
leadership of these groups. Likewise, primary officers may form subgroups and
committees in the fulfillment of their duties, and appoint or oversee the
appointment of minor officers under their authority.
9.7.3 Chartered churches may form their own auxiliaries or
branches of existing auxiliaries, with the approval of the church council of
the First Kingdom Church of Asphodel, and the leadership of the existing
auxiliary, if applicable.
9.7.4 Orders, subgroups, and committees may restrict
attendance and/or participation at their events or meetings to the membership
of their group, participants in a given program of study, individuals having a
certain position, or any other such criteria they deem appropriate, provided it
does not violate the church’s discrimination policy.
9.7.5 The Head of Church may offer subsidiary status to
religious groups organized outside of the church, bringing them under the
authority of the church. If accepted, members of the group shall become members
of the church, and shall be bound by its laws and policies.
ARTICLE X FINANCIAL POLICIES
10.1 Financial Records
10.1.1 The Church council will adopt a financial records
policy to maintain a standard of financial record keeping and reporting, to
ensure that the receipt and disbursement of funds and goods is managed in a way
consistent with church interests and policy.
10.2 Funding and Reimbursement
10.2.1 Determination of funding or reimbursement by the
council shall be based on:
a) Demonstration
of the value of the project to be funded.
b) Demonstration
of the legitimacy of the financial need.
c) Available
financial resources of the Church
10.2.2 Funding should never be assumed by the requesting
party to be guaranteed based solely on demonstratable need, as the Church
budget is extremely limited. Many valuable projects go unfunded unless the
interested parties are able to personally fund or obtain funding for the
related expenses. Denial of funding should never be seen as a denial of the
legitimacy of the work.
10.2.3 Requests for funding or reimbursement may be required
to be made in writing, at the discretion of the Treasurer. Requests for
reimbursement should be made prior to making purchases if reimbursement is to
be ensured.
10.2.4 Any funds spent without proper documentation will not
be considered official church expenditure, regardless of the position held by
the responsible party, even if the expenses were approved by the Church
Council. This may include documentation not filed in a timely manner, depending
on the situation, on the judgment and discretion of the Treasurer.
10.3 Donations to the Church
10.3.1 All donations accepted by the church from any member
or non-member immediately become property of the Church. The Church may accept
absolutely or in trust for any of the purposes herein set out, any gift, grant,
or devise of any real, personal, or intellectual property and carry on all
other such activities not limited by section 501(c) (3) of the Internal Revenue
Code of the United States of America, or the corresponding provisions of any
subsequent law.
10.3.2 Although we believe that the First Kingdom Church of
Asphodel meets the IRS requirements for 501(c) (3) tax-exempt status as a
church, and as a church is not required to file with the IRS to qualify for tax
exemption, at this point we cannot assure contributors (whether members or not)
that charitable contributions are tax deductible. Therefore, anyone collecting
donations on behalf of the Church must inform the potential contributors of the
present tax status of the Church if the contributor: a) requests a receipt or
other documentation for their donation; b) contributes greater than two hundred
dollars ($200) in one transaction; or c) indicates in any way their intention
to deduct the contribution.
10.3.3 The Church will provide written confirmation, on
request, of any donation of cash or goods exceeding twenty dollars ($20) ,
provided the request is made at the time of the donation. Requests for written
record of charitable contribution made after the time of donation will be
honored when at all possible. Records of contributions of a lesser amount will
be issued at the discretion of the Treasurer. Written documentation for
services rendered without compensation or the rent-free use of property will be
provided by the Church on request, but as the value of these is not tax
deductible it shall not be misrepresented as such by any agent of the Church.
10.3.4 Collecting or attempting to collect funds on behalf
of the Church requires approval from the Church Council and full documentation
of transactions.
10.3.5 The Church Council will review the offer of unusual
donations before they are accepted, to determine if their acceptance is in the
long-term best interests of the church.
10.4 Transfer of Property Ownership
10.4.1 In the event of the dissolution of any chartered
Church of Asphodel, church auxiliary or sub-group, control of undisposed
property, assets and debts will be decided by the church council of the First
Kingdom Church of Asphodel.
10.4.2 If any order, subgroup, auxiliary or chartered church
requests to become independent of the Church of Asphodel or put itself under
the authority of another organization, control of property and other assets
will be decided by church council of the First Kingdom Church of Asphodel.
10.4.3 In the event of the dissolution of the First Kingdom
Church of Asphodel, after all claims from debtors are resolved, remaining
assets will distributed for one or more tax exempt purposes within the meaning
of section 501(c) (3) of the Internal Revenue Code and any other applicable
laws, or as specified in the Articles of Organization.
10.5 Conflict of Interest
10.5.1 The church council shall adopt a Conflict of Interest
Policy to protect the interests of the Church when it is contemplating entering
into a transaction or arrangement that might benefit the private interest of an
officer, minister, elder or member of the Church or might result in a possible
excess benefit transaction.
ARTICLE XI CHURCH CHARTERS
11.1 A church desiring a charter will submit a formal
petition to the Church Council, signed by three full voting members of the
church who desire to be part of this congregation. A congregation needs at
least one ordained minister of the Church of Asphodel to receive a charter.
11.2 The petition for charter must contain written agreement
that the petitioning Church will:
a) Abide by the
Laws and Policies of the First Kingdom Church of Asphodel in Massachusetts, and
all resolutions passed by the Church Council.
b) Agree that
all disputes between chartered churches shall be decided by the Church Council
of the First Kingdom Church of Asphodel in Massachusetts.
c) Engage in no
activities that would violate federal, state or local laws, or endanger the tax
exempt status of the church under section 501(c) (3) of the Internal Revenue
Code or the corresponding section of any future federal tax code.
11.3 In requesting a charter, the petitioning Church may put
forth a proposal to the council of this church that property or assets
currently held by this church be transferred to the ownership of the chartered
church.
11.4 An issued charter may be revoked by the Church Council
with a unanimous vote, or for disciplinary reasons by the head of church.
ARTICLE XII AMENDMENTS TO BYLAWS
12.1 These By-Laws may be amended or added to, or new
By-Laws may be adopted, by the unanimous vote of the Church Council.
ARTICLE XIII INDEMNIFICATION
13.1 The Church shall indemnify, to the full extent
permitted or authorized by Massachusetts Corporation Law as it may from time to
time be amended, any person made or threatened to be made a party to any
threatened, pending or completed action, suit of proceeding, whether civil,
criminal, administrative or investigative, by reason of the fact that they are
or were an officer, elder, or minister of the Church serving at the request of
the Church Council or Head of Church. The indemnification provided by this
Article shall not be deemed exclusive of any other rights to which any person
seeking indemnification may be entitled under the articles of Organization or
the By-Laws, or a vote of disinterested Council members, or decision of the
Head of Church, or otherwise, both as to action in the official capacity and as
to action in another capacity while holding such office.
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