Bylaws

Amendments to the Constitution and Statutes, Fraternal Order of Eagles

Effective at the 2008 Grand Aerie International Convention, Louisville Kentucky
To the officers and members of each Local Aerie, Provincial Aerie, State Aerie and the Grand Aerie:
Re: PROMULGATION OF AMENDMENTS TO THE “CONSTITUTION AND STATUTES OF THE FRATERNAL ORDER OF EAGLES FOR THE 2007 EDITION:” This official Publication is issued under the provisions of Article V, Section 7, Constitution; and Section 5.1 Statutes, Fraternal Order of Eagles, to promulgate the Amendments to the Constitution and Statutes, as adopted by the Grand Aerie convention at Louisville, Kentucky, August 11 – 14, 2008, and which become law under Article IX, Section 1. Special attention is called here to the following Amendments and additions made to the Constitution and Statutes.

Article VIII, Section 3 When a Local Aerie or Auxiliary is suspended or dissolved by surrender or forfeiture of its charter, such charter, books, papers, jewels, emblems, regalia and other effects necessary to conduct the ceremony of the Ritual shall become the property of the Grand Aerie. Other property, real and personal shall vest in the Grand Aerie, to be by it applied towards the payment of debts of the Local Aerie or Auxiliary, and the balance, if any, shall be held in trust by the Grand Aerie for a period of ten (10) years from the date of dissolution of the Local Aerie or Auxiliary, to be delivered to the first new Local Aerie or Auxiliary which may be chartered in the same county or equivalent jurisdiction where the dissolved Aerie or Auxiliary was located.

Section 7.6. All moneys received on account of dissolved Aeries or Auxiliaries shall be deposited in a special reserve account to be known as the Dissolved Aerie Account, to be held in trust for a period of ten (10) years from the date of dissolution of the Aerie or Auxiliary, and thereafter balances may be drawn therefrom only upon order of the Board of Grand Trustees in compliance with Article VIII, Section 3, of the Constitution.

Re-number Section 15.1 to Section 15.1 (a)

15.1(b) The Membership Department, with the approval of the Grand Aerie at the Grand Aerie Convention, may implement special membership programs which may involve the waiver of part or all Grand, State/Provincial and/or Local Aerie fees.

Section 46.9. All participating employers must enroll all eligible employees in the Employees’ Pension Fund under the provisions as provided herein and make all contributions provided for herein and under the Rules and Regulations to be adopted by the Board of Pension Trustees. Eligibility is defined in the Plan Documents and as determined by the Board of Pension Trustees. All deductions, if any, from employees’ compensation or other employee payments made for purposes of contributions to the Employees Pension Fund shall be received and remitted to the Board of Pension Trustees in compliance with applicable law. Subject to any conditions established by the Board of Pension Trustees to assure compliance with applicable law, employee contributions may be temporarily deposited in the Aerie Benefit Fund accounts in accordance with Section 111.1 (i) herein.

Section 47.1, 47.2, 47.3 and 47.4 deleted entirely.

Re-number Section 63.1 to 63.1 (a)

Section 63.1 (b) There will be a twenty-five dollar ($25.00) filing fee to file a complaint. This fee is to be paid by the accuser to the Local Aerie. All fees are to be deposited in the General Fund. If the accusers are the Trustees of the Local Aerie the fee is waived.

Section 64.1. An appeal from a decision of a Trial Committee may be taken by any party thereto to the Grand Tribunal by filing a Notice of Appeal, by regular or electronic mail, with the Grand Tribunal, who shall upon receipt give notice to the Aerie Secretary. The Notice of Appeal shall be mailed or electronically transmitted directly to the Secretary of the Grand Tribunal. The Notice of Appeal shall be ineffectual for any purpose unless filed within thirty (30) days after the Trial Committee decision. Every Notice of Appeal shall state the decision from which the appeal was taken, include a copy of the Complaint, the Trial Committee decision and penalty, and specify the procedural and trial errors alleged to have been committed. All documents filed must be on 8 1/2" x 11" original or copy paper.

Re-number Section 64.1 to Section 64.1 (a)

Section 64.1 (b) There will be a fifty dollar ($50.00) filing fee to file an appeal from a Local Aerie Trial Committee decision. This fee is to be paid to the Local Aerie by the party filing the appeal. All fees are to be deposited in the general fund. If the appeal is filed by the Trustees of the Local Aerie the fee is waived. The fee will be refunded if the appeal is successful.

Section 64.2 (e) The Aerie Secretary having completed the matters herein set out shall within fifteen (15) days after notice of the Appeal from the Grand Tribunal certify and transmit by regular mail or electronically transmitted to the Secretary of the Grand Tribunal a copy of all proceedings and a verbatim transcript of the case including the Complaint and the Trial Committee decision and penalty. The Grand Tribunal may, at any time, order further records in connection with such appeal. (f) The Grand Tribunal may, at any time during the fifteen (15) day time period, grant an extended time period based on a proper request from the Local Aerie secretary showing the extenuating circumstances.

Section 70.5. If accepted for membership by another Local Aerie, upon election the member shall thenceforth be a member in both his original Local Aerie and the Dual Local Aerie, including the right to hold office and he is entitled to receive benefits only from his original Aerie.

TRANSFER CARD

Section 74.1. Proper form of the Transfer card shall be prepared by the Grand Secretary.

Section 74.3 and 74.4 deleted.

Section 94.2. No officer or employee of the Local Aerie who shall be required by the Laws of the Order, or by Local Aerie By-Laws, to be bonded shall be permitted to assume or discharge the duties of such office or employment until so bonded, and notification thereof forwarded to the office of the Grand Worthy President and shall be enforced under Section 82.1(b).

Section 102.1. Immediately upon his installation in office, the Worthy President shall appoint, preferably from among the members of the Order, an experienced and competent Aerie Auditor, which shall not be a bonded officer.

Section 102.1. (b) Annually the Auditor shall make a thorough and complete audit of the books of the Secretary, the Treasurer, the Board of Trustees, and any other officer or committee by whom any of the financial transactions of the Aerie have been conducted. The audit shall be in conformity with the instructions to the Auditor given in the printed forms or instruction sheets contained in the Auditor's Annual Report Record. The Auditor shall promptly render a report on the audit so made to the Aerie and to the Grand Aerie. The Local Aerie Secretary shall include a copy of the previous year’s IRS Form 990, or its equivalent.

Ladies Auxiliary Rules and Regulations Changes

Section 1.7 (d) If accepted for membership by another Local Auxiliary, upon election the member shall thenceforth be a member in both her original Local Auxiliary and the Dual Local Auxiliary, including the right to hold office and she is entitled to receive benefits only from her original Auxiliary

Section 8.6 The Madam President, Madam Vice President, Madam Secretary, Madam Treasurer and Madam Trustees of each Auxiliary and other members of the Auxiliary who handle monies of the Auxiliary, shall each give a surety bond condition for the faithful performance of her duties, the amount of the bond to be set forth in the Auxiliary By-Laws. No officer or employee of the Local Auxiliary who shall be re¬quired by the Laws of the Order, or by Local Auxiliary By-Laws, to be bonded shall be permitted to assume or discharge the duties of such office or employment until so bonded, and notification thereof forwarded to the office of the Grand Worthy President and shall be enforced under Statutes Section 82.1(b).

Section 5.1 Proper form of the Transfer Card may be obtained from the office of the Grand Secretary.

Delete all of Section 5.6.

Section 33.1 Immediately after the last day of May each year, the Madam Secretary, Madam Treasurer, and Auditor shall render to the Grand Secretary, an itemized report of all assets and liabilities of, and all changes in the membership of the Auxiliary. The Madam Secretary shall include a copy of the previous year’s IRS Form 990 or its equivalent.

Re-number Section 63.1 to 63.1 (a)

Section 63.1 (b) There will be a twenty-five dollar ($25.00) filing fee to file a complaint. This fee is to be paid by the accuser to the Local Aerie. All fees are to be deposited in the General Fund. If the accusers are the Trustees of the Local Aerie the fee is waived.

Section 64.1. An appeal from a decision of a Trial Committee may be taken by any party thereto to the Grand Tribunal by filing a Notice of Appeal, by regular or electronic mail, with the Grand Tribunal, who shall upon receipt give notice to the Aerie Secretary. The Notice of Appeal shall be mailed or electronically transmitted directly to the Secretary of the Grand Tribunal. The Notice of Appeal shall be ineffectual for any purpose unless filed within thirty (30) days after the Trial Committee decision. Every Notice of Appeal shall state the decision from which the appeal was taken, include a copy of the Complaint, the Trial Committee decision and penalty, and specify the pro¬cedural and trial errors alleged to have been committed. All documents filed must be on 8 1/2" x 11" original or copy paper.

Section 64.2 (e) The Aerie Secretary having completed the matters herein set out shall within fifteen (15) days after notice of the Appeal from the Grand Tribunal certify and transmit by regular mail or electronically transmitted to the Secretary of the Grand Tribunal a copy of all proceedings and a verbatim transcript of the case including the Complaint and the Trial Com¬mittee decision and penalty. The Grand Tribunal may, at any time, order further records in connection with such appeal.
(f) The Grand Tribunal may, at any time during the fifteen (15) day time period, grant an extended time period based on a proper request from the Local Aerie secretary showing the extenuating circumstances.

Re-number Section 64.1 to Section 64.1 (a)

Section 64.1 (b) There will be a fifty dollar ($50.00) filing fee to file an appeal from a Local Aerie Trial Committee decision. This fee is to be paid to the Local Aerie by the party filing the appeal. All fees are to be deposited in the general fund. If the appeal is filed by the Trustees of the Local Aerie the fee is waived. The fee will be refunded if the appeal is successful.

For more information, forms or questions, please e-mail bylaws@foe.com.

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