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Functioning of this Temple shall be in accordance with
this Articles of Incorporation and By-laws.
The Fiscal year of the Temple shall be from January
1 to December 31 unless changed by the Executive Committee.
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Any person of legal age, irrespective of caste, color,
creed, race or national origin, who agrees to support the mission of the Temple and
abide by its Articles of Incorporation and the By-laws can become a member by contributing
to the enhancement of Temple activities.
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Annual donation for the next fiscal year pledged by
an individual or by the family shall be published annually by the Executive Committee
by the first day of the last month of the current fiscal year. (This does not include
fees for any service rendered).
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After
consent of the donor, donations given by an individual or by
the family shall be posted by the Executive Committee on the
temple web site and on the temple plaque. The listing
will be updated on February 2nd and July 2nd of
each year. (This does not include fees for any service
rendered).
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The criteria for General Body membership are as follows:
1. Any person of legal age, irrespective of caste, color, creed, race or national origin, who agrees to support the mission of the Temple and abide by its Articles of Incorporation and the By-laws
2. Must be a resident of Eastern Iowa, namely Cedar Rapids, Waterloo, Iowa City, Coralville, Marion, Dubuque and surrounding communities.
3. Should be registered with the Temple at least two (2) months prior to the General Body Meeting in order to be eligible to vote in the meeting. This process will register the individual, family and their children.
Registration can be done by one of the following ways:
- By donating five dollars ($5) or more by check to the Temple
- On line through The Hindu Temple web site at www.iowahindutemple.org
- By entering name and address in the Temple guest book
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An individual member in good standing and over
age 18 shall have one vote. A family, which includes all members
of the family of age over 18, shall have two votes. Also see
Article 10, item 9
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The executive committee shall consist of twelve (12)
elected members from the general body and atleast three (3) members from the Board
of Trustees desirous of serving in the executive committee and elected by the general
body. The members elected to the executive committee from the board of trustees shall
serve for a term of two (2) years The total number of members serving the executive
committee shall not exceed fifteen (15). From this group the executive committee shall
elect chairperson, vice chair, secretary, treasurer, joint treasurer and standing
committee chairs.
An Executive Committee Member who has completed serving two consecutive terms
in the committee is eligible to be elected by the General Body to serve the committee
for additional terms at the annual General Body meeting, provided he/she is genuinely
interested and committed to serve the executive committee.
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The Officers of the Executive Committee shall be Chairperson,
Vice-Chairperson, Secretary and Treasurer. Members of the Executive Committee shall
be elected to serve a term three years except at the first election as described in
item 3.
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At the first election year 2001, out of the eleven(11), the General
Body shall elect six (6) members to serve on the Executive committee for a term of
three (3) years and five members for a term of two (2) years At the subsequent
elections, to fill the vacancy in the executive committee, the general body shall
elect members from the general body and the board of trustees to serve a term of two
(2) years.
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The Executive Committee shall meet no less than six
(6) times a year.
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Any member of the Executive Committee who is absent
for two (2) consecutive meetings without informing the Chairperson of his/her absence
shall cease to be an Executive Committee member
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All decisions in the meeting of the Executive Committee
shall require a simple majority vote of the members present and voting.
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The immediate Past Chairperson shall serve as an Ex-Officio
member of the Executive Committee for two years to help maintain the continuity of
administration.
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The Executive Committee shall also ensure that no individual committee member enters into any contractual agreements or other instruments (whether written or oral) with any other individual or organization at any time with the exception of the Chairperson acting in consultation with the Executive Committee by virtue of such authority conferred on him/her per Article 4 of the By-Laws.
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The Executive Committee may fill any vacancy that arises in the Committee for the remainder of the term by appointment.
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The Executive Committee is empowered to make decisions and transact all activities related to the Temple.
However, the Executive Committee must get Board of Trustees approval for any decisions that involve ten thousand dollars $10,000 or more.
In addition, the Executive Committee must get Board of Trustees approval for any real estate, deeds, mortgages, bonds, refinance or loan transactions.
These decisions shall be communicated to the General Body once the approval has been obtained from Executive Committee and the Board of Trustees
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The Executive Committee shall:
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Be responsible for development and management of all assets and funds of the Temple.
- Ensure that all the Committee decisions are approved with a simple majority of the Executive Committee members agreeing to them while being physically present during the meeting or by e-mail approvals
- All meeting minutes should be recorded and communicated within one (1) week to the Committee members as well as the Board of Trustees upon their request
- Review and approve yearly the Temple’s budget prepared and presented by the Treasurer and provide funds for the execution of the budget provisions within the Temple’s resources. The Executive Committee shall approve the budget at least thirty (30) days prior to the end of the fiscal year and forward it to the BOT for their review and approval. The Executive Committee should ensure that this budget is approved by BOT by the end of the fiscal year.
- The current Executive Committee is also authorized to run the day-to-day activities of the Temple for the next fiscal year against the approved budget until successors are elected.
- Approve all the religious and cultural activities for the year.
- Be responsible for giving donations, grants, aids etc. for purposes and in furtherance of the Mission of the Temple subject to the limits of the authorized budget amount designated for that purpose.
- Review the Temple rules and regulations and update it as and when required. The rules and regulations should be displayed clearly at the Temple premises for Temple visitors (members and non-members) to read and abide by it.
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The Executive Committee shall appoint a three (3) member Election Committee to facilitate the election of the next Executive Committee
and inform the General Body of the said appointment and the date of the Annual meeting at least sixty (60) days prior to the meeting.
The Election Committee should preferably comprise of one (1) member from the current or past Executive Committee, one member from the General Body and one (1) member from the Board of Trustees. The Election Committee members will not be eligible to contest in the elections for that term.
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The Executive Committee shall identify major donors and solicit donations
to cover the cost of construction and maintenance of Temple facilities.
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The Chairperson shall chair all meetings of the Executive Committee and the General Body. He/She can call a meeting of the Executive Committee at any time deemed necessary. He/She is primarily responsible to carry out the functions of the Executive Committee as per the current Articles of Incorporation and the By- Laws. He/She shall ensure that minutes of all meetings of the Executive Committee are recorded and duly documented
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The Chairperson of the Executive Committee or his/her designee shall execute Deeds, Mortgages, Bonds, and Contracts in the name of the Temple and perform any other functions falling under the powers of the Executive Committee
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The Chairperson shall serve as a spokesman for the Temple.
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The Chairperson shall coordinate the work of all Standing
and Ad-hoc Committees.
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The Chairperson shall supervise the employees of the Temple. He or She is responsible to give an evaluation of the employees by November 1st and keep track of vacation and working hours.
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The Vice-Chairperson of the Executive Committee shall
assume the duties of the Chairperson in the event of latter’s absence or inability
to discharge his/her duties.
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The Vice Chair of the EC committee is responsible for
supporting the chairperson by taking the responsibilities as assigned by the
Chairperson.
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The Secretary of the Executive Committee shall assist
the Chairperson and the Vice-Chairperson in carrying out the duties of the
Executive Committee. He/ She shall keep record and distribute the minutes of the meetings
of the Executive Committee to its members and the Board of Trustees upon their request.
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He/ She shall record the minutes of the General Body meetings and
distribute to all registered members within thirty (30) days after the meeting and
make it available up on request.
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He/ She is responsible to communicate meeting notices of
the Executive Committee and the General Body in consultation with the Chairperson.
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He/ She is responsible to maintain an
updated directory containing addresses and phone numbers of current members of Temple
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The Treasurer of the Executive Committee shall collect all the contributions, keep account of all the receipts and expenses
and deposit all funds received in the name of the Temple in bank account(s) as designated by the Executive Committee.
The bank account(s) shall be in the name of the Temple with its mailing address and with signatures and authority vested
jointly in the names of Chairperson, Vice Chairperson, the Treasurer and the Joint-Treasurer, and the
Secretary of the Executive Committee.
- The Treasurer shall ensure that funds collected for designated purposes shall be appropriately deposited and disbursed for the said purposes only
- He/She must deposit the money received in the bank account of the Temple as soon as possible but no later than one month (1) of its receipt
- The Treasurer and one other officer of the Executive Committee shall co-sign all checks in excess of one thousand dollars ($1,000) and make payment in the name of the Temple
- Any disbursements in excess of one thousand dollars ($1,000) shall be made only after prior approval of the Executive Committee. Any payment more than one hundred dollars ($100.00) must be done by check and not by cash
- Any unbudgeted payment exceeding two hundred and fifty ($250.00) shall require prior approval of the Executive Committee
- The Treasurer shall prepare a financial statement for all the receipt and expenses and present it to the Executive Committee at each Executive Committee meeting
- The Treasurer shall also prepare and submit the annual financial statements to the Internal Auditor in detail within six (6) weeks after the closing of the fiscal year
- He/She shall also present the Annual Financial Report to the General Body in its Annual Meeting
- The Treasurer shall prepare the budget estimates for the next fiscal year and submit them to the Executive Committee no later than sixty (60) days prior to the end of fiscal year
- The Treasurer shall acknowledge and recognize contributors by the end of the fiscal year. The Treasurer shall also send acknowledgement to contributors to comply with IRS requirements
- The Treasurer shall reconcile bank statements with the books every other month during the fiscal year
- Treasurer shall be responsible for monthly payroll activities for the employees
- The Treasurer shall be responsible for preparing and distribution of all IRS related forms to the employees of the Temple
- The Treasurer shall be responsible for heading the Financial Planning Committee
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The Joint-Treasurer of the Executive Committee shall assume the duties of the Treasurer
in the event of latter’s absence or inability to discharge his/her duties.
- The Joint-Treasurer of the Executive Committee is responsible for supporting the Treasurer by taking the responsibilities as assigned by the Treasurer.
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The Executive Committee shall appoint the Standing Committees and their Chairpersons. The Chairpersons shall be named from only within the Executive Committee only
- The Standing Committees shall be, but are not limited to: Fund Raising Committee; Facilities and Maintenance Committee; Youth and Education Committee; Program Committee, Financial Planning Committee; Public Relations and Community Service Committee and Hospitality Committee.
- The Chairpersons of these Committees shall attend their relevant Committee meetings and get approval of the activities of their Committee from the Executive Committee.
- Standing Committees shall meet as and when required.
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The committee is charged with soliciting
contributions and pledges from the members, organizations and other sources and organizing
fund raising events each year to meet the funding goals as established by the Executive
Committee by methods that are legally authorized for non-profit organizations under
the U.S. Internal Revenue code.
This Committee is responsible for:
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Manage all the activities related to the day-to-day maintenance of the Temple and its facilities in the most efficient and economical manner
- Manage all construction work related to the Temple approved by the Executive Committee
- Obtaining at leat two (2) and preferably three (3) quotations for purchases of materials or services costing one thousand dollars ($1000.00) or more
- Ensure that the Chairperson and Secretary of the Executive Committee sign all contract documents related to the Temple facilitie
- Ensure that the decorum and cleanliness of the Temple is maintained both inside and outside the premises
- Ensure that the Temple adheres to all city and county ordinances
- Prepare annual plans and budgets for Temple facility operations, improvements and maintenance
- Ensure security of the facility and Temple assets
- Develop and maintain a network of vendors who handle maintenance work
- Identify and develop plans to continue Temple activities in case of natural disasters
This Committee is responsible to:
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Organize the religious and cultural programs organized of the Temple
- Develop and maintain a full year calendar of events for the Temple
- Coordinate priest activities both inside and outside the Temple
- Ensure that proper coverage exists to perform the duties of the priest on the days he is absent. In case of extended absence of the priest, make proper arrangements to have a temporary priest
- Communicate Temple programs to the community in a timely manner
- At the beginning of each religious and cultural programs and activities, he/she shall prepare a budget to cover the cost of the event.
- Build a network of volunteers to assist in Temple programs and activities
- Develop and maintain a pricing sheet for performing temple rituals, religious ceremonies and pujas inside and outside the Temple in coordination with other relevant Committees
- Ensure all collections/expenses related to programs/activity are accounted and submitted to the Treasurer in a timely manner
- The Treasurer shall chair this Committee.
- The Committee shall assist the Treasurer in executing his/her responsibilities.
The committee is responsible for:
- Conduct activities to promote a positive, inspiring, and proper image of the Temple among members and in the community at large.
- Respond to all emergencies due to a natural calamity, a crisis in any member family or in the community at large.
- Organize efforts and manpower to help humanitarian causes by utilizing the budgeted funds.
- Generate all newsletters, promotional publications and publicity of Temple activities and publishing quarterly newsletter and distributing to the general membership. It shall also solicit articles, letters and information to promote the Mission of the Temple. The Executive Committee shall approve the contents in the newsletter prior to publication
- Receive requests from outside temple groups (Ex: Churches, school and college students) who are interested in learning about our Temple and religion. The PR chair person in consultation with the Chair and Vice Chair shall appoint a spokesperson in the beginning of his/her term to welcome and educate these groups.
The committee is responsible to:
- Organize and manage the food services during programs and events of the Temple Planning and coordinating Annadaatas (Annadaatas is a meal service where the sponsor(s) prepare and serve lunch to devotees for a nominal donation on the 2nd and 4th Sunday of each month and lunch or dinner during special events and festivals) for the calendar year
- Ensure cleanliness of the kitchen and dining facilities after temple organized programs and events
Eligibility
The eligibility to become a member of the Board of Trustees shall include all of the following:
- Any person of legal age, irrespective of caste, color, creed, race or national origin, who agrees to support the mission of the Temple and abide by its Articles of Incorporation and By-laws
- Must be a resident of Eastern Iowa, namely Cedar Rapids, Waterloo, Iowa City, Coralville, Marion, Dubuque and surrounding communities.
- Should be registered with the Temple at least three (3) months prior to becoming a member of the Board of Trustees as defined in Article 2, Item 3.
- Should have contributed an amount of five thousand dollars ($5000) or more to the Temple, in no more than two (2) consecutive years and are desirous of serving on the Board of Trustees. Any amount contributed towards services (pooja, archana, utsavam, festival, celebrations, special events etc.) will not be considered to qualify for this eligibility contribution unless it is one thousand dollars ($1000) or more in a single payment towards a public event organized by the Temple.
- Eligible members to the Board of Trustees shall express in writing their willingness to serve on the Board of Trustees by submitting an application to the Chair Person of the Board of Trustees.
- If a member of the Board of Trustees does not want to continue being a part of the Board of Trustees, then He/She should submit in writing his/her intention to the Chair Person of the Board of Trustees.
- BOT membership can be transferred only to the spouse if the BOT is deceased or disabled
Voting Eligibility
- The member of the Board of Trustees is eligible to vote only if they are residents as defined above in Article 6, Section 2
- The vote will be counted only if the member of the Board of Trustees is physically present in the meeting or communicates in writing prior to the requested deadline for the decision making process
- Those who abstain from voting will NOT be considered in the decision making process
- A two third (2/3) percentage of all responses received either in writing, or voted physically during the meeting, shall be required in order to approve any motion by the Board of Trustees
Responsibilities
The responsibilities of the Board of Trustees include the following:
- Provide overall guidance and a three to five year mission and vision for the Temple
- Review and approve the annual budget with a two thirds (2/3) majority
- Identify major donors and solicit donations to cover the cost of construction, maintenance of Temple facilities and other Temple related activities
- Resolve any conflict between the General Body and the Executive Committee, and among Executive Committee
- Review and approve any expenses of ten thousand dollars ($10,000) or more
- Each year, nominate two (2) members from within the Board of Trustees to be the Chair and Vice-Chair. The Board of Trustees Chair and Vice-Chair should not be a part of the Executive Committee and they shall be nominated prior to the annual General Body Meeting.
- The Chair and Vice-Chair will act as a Temple liaison at large and coordinate all activities related to the Board of Trustees
- The Chair and Vice-Chair shall formulate proper leadership and Committees/Groups as necessary from within the Board of Trustees in order to better conduct and execute the affairs of the Board of Trustees
- The Board of Trustees shall meet as a group at least three (3) times per year
- In the event the Executive Committee is unable to discharge its duties or if there are irreconcilable conflicts amongst the Executive Committee, the Board of Trustees reserve the right to suspend the current Executive Committee with two thirds (2/3) majority approval of the Board of Trustees and may undertake a care taker role administering Temple activities for a period of sixty (60) days within which a new Executive Committee should be formed by calling an emergency General Body Meeting
- In case of Dissolution of the Temple, The Board of Trustees shall proceed with the dissolution as described in Article 13 of the by-laws
- The Executive Committee shall decide on the date, place and the members of election committee for the AGBM and inform the General Body no later than the end of November each year.
- The General Body Meeting shall be conducted within the first sixty (60) days of the new calendar year. The Annual meeting Agenda shall include the following:
- Presentation of the State of the Temple Report by the Chairperson.
- Presentation of financial statement of the Temple by the Treasurer of the Executive Committee duly audited by the appropriate Auditor or the Audit Committee The Treasurer should also present the proposed annual temple budget for the next year
- Presentation of reports by the Committee Chairpersons on the activities of their respective Standing and Ad-Hoc Committees.
- Election of Executive Committee for the next fiscal year.
- The Executive Committee shall appoint a three (3) member Election Committee to facilitate the elections The Election Committee should comprise of one (1) member from the current or past Executive Committee, one (1) member from the General Body and one (1) member from the Board of Trustees. The Election Committee members will not be eligible to run or be elected in the elections for that term.
- The Election Committee shall send notice to the General Body members ( As defined in Article-2) seeking nominations at least forty five (45) days prior to the date of Election. Secretary shall provide the listing of General Body members to the Election Committee. The nominee should fill out the required forms and submit them to the Election Committee before the dead line stated in the form.
- The Election Committee shall inform the members of the General Body of the final list of candidates fifteen (15) days prior to the election. No new nominations will be accepted after the final list is published.
- The election will be held for the published nominated candidates on the Election Day, if nominations are more than vacancies.
- However, if the number of nominations received is less than the number of vacancies, the nominee will be elected to the Executive Committee without elections and for any unfilled position(s), nominations can be submitted from the floor on the Election Day and election will be held to fill those vacant position(s).
- All Elections shall be by majority vote of all General Body members in good standing present and voting.
- All the meetings of the General Body shall be presided over by the Chairperson and in His / Her absence by the Vice-Chairperson of the Executive Committee. At least fifteen (15) days advance notice shall be given to members intimating date, time, place and agenda of the meeting of the General Body (other than the annual General Body Meeting).
- If 25% members or more send a written request to the Secretary of the Executive Committee to convene a special meeting of the General Body, specifying the issue to be discussed, the Secretary shall comply with their request within a period of fifteen (15) days.
- In special cases the Secretary of the Executive Committee in consultation with the Chairperson of the Executive Committee and the BOT Chair may call a short notice meeting of the General Body to discuss important issues.
- The proposal(s) for inclusion of additional items on the agenda of the General Body meeting, proposed by the General Body after the agenda is published, shall require written endorsement of at least five (5) members. However, the decisions on these new items will be made only during a subsequent General Body meeting.
- Decisions made at the General Body meetings shall be by simple majority of members present and voting.
The employees of the Temple, including the priest, should be properly apprised, hired and compensated as per existing guidelines prepared by the Executive Committee in consultation with the Board of Trustees.
- Contributions, gifts, real estate, donations, grants, aids, etc, once made to the Temple by the members or by non-members shall be non-refundable on any grounds
- Indemnification: Assets and Liabilities of the Temple shall vest in the Board of Trustees administered by the Board of Trustees. However, no Trustees or Committee members shall be personally responsible for any liability (ies) of the Temple, incurred in the interests of the Temple.
The Temple should indemnify any, and all its current and former members, Trustees, Executive Committee Members, or Officers, or any persons who may have served at its request or by its election as a member, Trustees, Executive Committee Members, or Officers of another corporation, against the expense (including attorney’s fees) actually or necessarily incurred by them in connection with the defense or settlement of any action, suit or proceedings in which they, or any of them, are made parties, or a party, by reason of being or having been a member, Trustees, Executive Committee Members, or Officer of the Temple or of such other corporation, except in relation to matters as to which any such member, Trustee, Executive Committee Members, or Officer or former member, Trustees, Executive Committee Members, or Officer or person shall be adjudged in such action, suit or proceeding to be liable for willful misconduct in the performance of duty, and to such matters as shall be settled by agreement predicated on the existence of such liability.
- Insurance: The Temple shall obtain and maintain comprehensive insurance for its facilities and assets etc., at its own expense, to protect itself and any Trustees, Executive Committee Members, or Officer, employee or agent of the Temple.
- Temple visitors (members and non-members) should follow the Temple rules and regulations as posted in the Temple
- Meeting Guidelines
- The general procedure of meetings of the Temple shall be in harmony with the principle set forth by the Executive Committee Chairperson. Robert’s Rules of Order (Newly Revised) shall be the final authority as to parliamentary procedure, in so far as they do not conflict with the provisions of this Constitution and By-laws.
- Quorum
- The Executive Committee shall have half (1/2) plus one (1) of total members of the Executive Committee as quorum. The quorum for all Committees shall be one third (1/3) plus one of the total members of that committee except the Executive Committee. In the absence of quorum Robert’s Rules of order shall apply for conducting all the meetings. The minutes of the meeting shall be circulated within thirty (30) days after the meeting and considered approved if no objection is received within thirty (30) days after the day of circulation. The subsequent meeting to ratify the resolution shall not be subjected to Quorum. In case of General Body meeting, Quorum shall be ten (10) percent of the total membership, physically present and voting.
- No Confidence
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No confidence resolution may be moved against the member(s) of the Executive Committee and the Standing Committees in a General Body meeting provided such a resolution is presented with the written endorsement of at least twenty five percent (25%) of members in good standing to the secretary of the Executive Committee at least two (2) months before the meeting. Such a resolution shall require for its passage the support of a two third (2/3) majority of the members of the General Body, physically present and voting.
- Membership Removal Rights
- The Executive Committee, in consultation with the Board of Trustees, has the right to remove from its membership, any individual whose activities may be considered as detrimental to the interest of the Temple. Such expulsion(s) shall, however, be subject to approval of a two third (2/3) majority of the members, present and voting in a General Body meeting and subject also to the appropriate procedures affording full opportunity to the individual(s) concerned to be heard.
- Recognition: The Patrons
- Any person providing exceptional services /contribution, financial or otherwise, to the Temple may be honored to become a Patron. A Patron shall be nominated by the Executive Committee and the Board of Trustees, and shall be confirmed by the General Body. There could be one or two Patrons designated as the Patron of the Year and the nomination is at the discretion of the Executive Committee and the Board of Trustees.
The Executive Committee shall, if and when required, appoint Ad-Hoc Committees, for the specified functions and terms.
No part of the net earnings of the Temple shall inure to the benefit of, or distribution to, its members,
trustees, officers or other private persons, except that the Temple shall be authorized and empowered to pay
reasonable compensation for services rendered and to make payments and distribution in furtherance of the mission
set forth in Article VI hereof. No substantial part of the activities of the Temple shall include engaging in
propaganda or otherwise attempting to influence legislation and the Temple shall not participate in, or
intervene (including the publishing and distribution of statements) in any political campaign on behalf of any
candidate for public office. Notwithstanding any other provision of these articles, the Temple 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 (or corresponding provision of any future United States Internal Revenue Law),
and (b) by an Organization, contribution to which are deductible under section 170 (c) (2) of the Internal Revenue Code
(or corresponding provision of any future United States Internal Revenue Law).
In the event of dissolution of the Temple Association, the Board of Trustees, after paying or making provisions
for payment of all of the known liabilities of the Temple shall dispose of all its assets exclusively for the
purpose of the Temple in such manner, or to such Organization(s) organized and operated exclusively for
Hindu religion, educational, and charitable purposes as shall at the time qualify as a tax exempt
Organization(s), under Section 501 (c) (3) of the Internal Revenue Code (or corresponding provision of any future
United States Internal Revenue Law) as the Board of Trustees shall determine.
The Revised By-Laws shall take effect from February
11, 2007 as voted by general body.
In witness whereof, We have hereunto subscribed our names this _________day
of January 2007.
______________________________
Laxmikantha Chokkady - Chair person
_______________________________
Nita Inani - Vice Chair
STATE OF IOWA:
SS
LINN COUNTY:
On this_______ day of______February 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared and______________________________________,
to me known to be the identical persons named in and who executed the foregoing instrument
and acknowledged that they executed the same as their voluntary act and deed.
_________________________
Notary Public.
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