Bernstein Family Circle
The following By-Laws have not been proofread yet, and are from an old book. Updates need to be applied, and I am researching for those updates.
FAMILY CIRCLE, INC.
In order to
perpetuate the family tree of the descendants of Jacob and Celia Bernstein,
to serve the family by providing a place where they may gather socially and to
advance the welfare of all those who may come under its influence, we dedicate
ourselves to the task of establishing and maintaining a Bernstein Family
Object and Purpose
Section 1. Name.
This organization shall be known as the “BERNSTEIN
FAMILY CIRCLE, INC.”
Object and Purpose.
The objects and purposes of this organization shall be as
perpetuate the name of the Bernstein Family Circle, Inc.
create a closer bond of fraternity, brotherly love and family relationship
among its members.
afford a more frequent opportunity for the members of this organization to
do such charitable work as may be deemed necessary or advisable.
provide burial grounds and benefits for the members of this organization.
advocate and uphold the principles of the Constitutions of the United States
and of the State of New York.
Section 1. Order
The order of business for each regular meeting shall be
of allegiance to our flag;
of our National Anthem and Hatikvah;
call of officers;
of minutes of previous meeting;
of Sunshine Committee;
read and disposed of;
of new members;
of other committees:
of new members;
read and referred;
of family song.
Items “d”, “o” and “q” are optional with the President.
Any person having attained 18 years of age, who is a
descendant of Jacob and Celia Bernstein, or the spouse of such descendant,
or the child of such descendant, shall be entitled to full membership in this
organization, unless otherwise provided, upon complying with all of the
requirements provided for herein.
Types of Membership.
family membership: a
family is a husband and a wife, and their unmarried children under 18
years, if any.
individual membership: an
individual is a single person 18 years of age or more, or a widow or widower
having any unmarried children under the age of 18 years.
affiliate membership: any
member who moves from inside and thus resides outside a radius of 75 miles
from Columbus Circle, New York City, may, at his option, retain affiliation
with the organization, upon payment of the required affiliate dues. Such
affiliate member shall not be entitled to burial or any of the benefits
except the receipt of “The Tattler.” Upon such member returning as a
resident of the New York City area, as defined above, he must then convert
his affiliate membership into a full benefit membership of type (a) or (b)
as defined therein, within one year of said return or is suspended.
golden-age membership: any
member in good standing having reached the age of 65 and who has been a full
benefit member of the organization for the past fifteen (15) consecutive
years, and provided the said member complies with all of the requisite by-laws
of the organization, shall be entitled to all of the benefits and privileges
of the organization.
children of deceased parents: provided
the parents of a child under 18 years of age were in good standing at the time
of their death, such child shall receive all of the benefits of the
organization as a member in good standing.
honorary membership: such
membership, created as thereinafter provided in Section 6 of this Article,
shall not entitle the holder to burial or any other benefits, privileges,
rights or other interest in this organization,
Section 3. Dues.
The annual dues are: $20 for a family membership; $10 for
an individual membership; $2 for an affiliate membership; golden-age
members are exempt from the payment of dues. Dues are payable in advance,
commencing January 1, in annual, semi-annual or quarterly installments. Each
proposal for membership shall be accompanied by not less than one-fourth of
the annual dues.
Induction of new members.
(Metropolitan New York City residents)
Any new member of the Bernstein Family Circle, Inc. must
be inducted into the organization within one (1) year from the date of the
proposal for such membership. If the said new member does not submit himself
for induction within the above prescribed time, the Board of Governors shall
have the power to recommend to the membership the suspension of said new
member for failure to comply with the provisions of this section.
5. Induction of new
(residents outside Metropolitan New York City)
Any new member residing outside of the Metropolitan New
York City area as defined in Article III, Section 2 (c), need not be inducted
in the manner prescribed in Section 4 of this Article, but in lieu thereof a
written application signed by such member and countersigned by a duly
elected officer must be submitted to the Bernstein Family Circle, Inc. within
one (1) year from the date of such membership. In the event the said new
member does not comply with the provisions hereof, the Board of Governors
shall have the power to recommend to the membership the suspension of such new
6. Honorary membership, how created.
An honorary membership in this organization may be created in the following manner:
Board of Governors, by a two thirds vote of the members present at the Board
meeting, shall first approve the granting of same.
proposition then shall be submitted to the membership at the next regular
meeting following the publication of the proposition in the “Tattler”.
such regular membership meeting the proposition shall require a two-thirds
vote of the membership present.
Section 7. Legal
If the marriage of a blood
descendant of Jacob and Celia Bernstein and his spouse be legally terminated
during their lifetime, the spouse who is not such blood descendant shall no
longer be entitled to membership.
8. Voting rights.
A member in
good standing shall be entitled to vote as follows:
membership: one vote;
membership: the husband and wife shall each have one vote.
Section 9. Balloting.
All voting for election of
officers shall be by closed vote only; all other voting shall be by open show
of hands, or by closed ballot if so requested by any member in good standing
and if approved by a majority vote of the membership present. A request for
a closed ballot is not subject to debate or discussion and shall be
considered by a show of hands vote.
Section 10. Majority
majority of the members in good standing voting shall decide any issue, except
as otherwise provided for in the Constitution and By-laws.
and Benefits of Membership
A member in good standing, except an affiliate or honorary member, shall be entitled to the following privileges:
right to vote at all meetings of the organization, in accordance with Article
III, Section 8.
be eligible for election as an officer or as an appointee to the Board of
participate in all activities of the organization.
A member in good standing, except an affiliate or honorary member, shall be entitled to the following benefits:
on one of the organization cemetery grounds as hereinafter provided.
other benefits the organization may, from time to time, make available.
Section 1. Suspended
member in arrears in the payment of dues for a period of three (3) months
following written notice by the Financial Secretary at the beginning of the
next quarter, as such notice is hereinafter provided, is subject to
member who owes the organization any moneys collected and belonging to the
organization for a period exceeding three (3) months, and fails to remit same
to the organization upon written demand, by certified or registered mail
from the Financial Secretary, is subject to suspension.
affiliate member whose suspension is provided for in Article III, Section
Method of suspension.
Any member subject to suspension under Section 1 of this
Article is deemed suspended upon the receipt of a registered or certified
letter, return receipt requested, of such suspension from the Financial
3. Reinstatement of suspended Member
A suspended member shall be reinstated in good standing
in the following manner:
the suspended member is in arrears of dues for one year or less, by paying all
arrears of dues together with all other monies owed this organization; or
the suspended member is in arrears of dues for more than one year, by paying
all arrears of dues together with all other monies owed this organization, and
dues in advance for the next quarter; or
the next of kin of said suspended member shall enter into a written agreement
with this organization guaranteeing the payment of the arrears and other
monies that may be due the organization. The Board of Governors shall fix the
amount and period of such payment if made in installments; in the event of the
death of the said suspended member prior to the full payment herein
required, the balance still due to the organization shall immediately become
due and payable and the next of kin shall pay said balance in full. The
issuance of a permit to open a grave for the deceased suspended member
shall be contingent upon the full payment required herein.
Section 4. Officer’s
responsibility as to suspended member.
Any officer who fails to exercise due diligence and gives
any benefit to a suspended member shall be responsible for same and subject to
other penalties as provided herein.
Section 1. Composition
Board of Governors shall consist of one member from each branch of the Circle
appointed by that particular branch.
President, 1st and 2nd Vice Presidents, Seargent at Arms, Assistant Seargent
at Arms, Treasurer, Financial Secretary, Assistant Financial Secretary,
Recording Secretary and all past Presidents shall serve as members of the
Board of Governors with full voting powers.
commencement of each meeting of the Board of Governors, the Chairman shall be
notified as to which member is to represent his branch, and the member so
designated shall be entitled to one vote at Board meetings.
Section 2. Election
of Board of Governor Officers.
The Board of Governors at its annual regular December
meeting shall elect a Chairman and a Vice-Chairman for a term of one (1) year,
to commence January 1st following.
Duties of Chairman of Board of Governors.
The Chairman of the Board of Governors shall conduct the
meetings of the Board and shall enforce the Constitution and By-Laws of the
Section 4. Duties
of Vice-Chairman of Board of Governors.
The Vice-Chairman of the Board of Governors shall on
the absence of, or vacancy in the office of Chairman, assume all of the duties
and responsibilities incumbent upon that office.
Conduct of Board of Governors Meetings.
The Board of Governors shall conduct its meetings in
accordance with the Laws of the State of New York, the By-Laws of the
Bernstein Family Circle, Inc., and Robert’s Rules of Parliamentary
Powers of the Board of Governors.
The Board of
Governors shall have the power to:
invest and control the monies, personal and real property and effects of the
organization in conjunction with the Financial Committee and other committees
which may be appointed for that purpose.
any sum up to the amount of $50.00 without the consent of the membership of
the whole or any portion of such dues and assessments according to its best
judgment in hardship cases.
the fiscal year of the Circle.
and vote upon any proposition involving the expenditure of more than $50.00;
in which case, and in the case of action pursuant to sub-paragraph (a) of this
section, such action of the Board of Governors shall be subject to the
approval of the general membership at the next regular membership meeting
following the publication of such action or proposal in the “Tattler”.
Meetings of the Board of Governors.
The Board of Governors shall meet at least once every
month at 8:30 P.M., except during the months of July and August. A special
meeting of the Board of Governors may be called at any time upon five days’
notice by the Chairman of the Board. He shall specify the object of the
meeting in writing prior thereto.
Section 8. Quorum
at Board of Governors meetings.
Eight members shall constitute a quorum.
and Election of Officers
Section 1. Nomination
Nominations of all officers shall be made by a Nominating
Committee which shall consist of all past Presidents of the Bernstein Family
2. Duties of Nominating Committee.
It shall be the duty of the Nominating Committee to
submit a slate of one nominee for each office to the membership at the regular
meeting in April and said nominees shall be duly nominated for their
Acceptance of Nomination.
No nomination shall be considered for vote by the
membership unless the nominee consents to such nomination, either in writing
to the President not later than ten days after such nominee has been notified
in writing by the President of such nomination, or accepts in person at the
general meeting at which he is nominated.
Nominations by Membership.
The membership may nominate other nominees for the
various offices at the meeting in April, and may make such other nominations
as necessary at the May meeting, in the event any previously nominated
candidate has not accepted his nomination.
Publication of Nominees.
Any members nominated pursuant to this Article shall be
published in the “Tattler” not less than 10 days before the regular
meeting at which the election is to take place.
Election of Officers.
of officers, for a term of one year, at the regular May meeting of the
organization shall be held annually. The officers so elected shall be a
President, First Vice-President, Second Vice-President, Treasurer, Financial
Secretary, Assistant Financial Secretary, Recording Secretary,
Sergeant-at-arms, Assistant Sergeant-at-arms, and Chaplain. All officers
shall serve until their successors are duly elected and installed.
Installation of Officers shall be at the June meeting.
Qualifications of Candidates for Office.
Candidates for office in the Circle must be members of
the Circle, and in good standing for one year.
Limited Terms of Office.
No officer, except the Recording Secretary, Financial
Secretary, Assistant Financial Secretary, Treasurer and Chaplain shall be
elected to the same office for more than two (2) consecutive terms.
Section 1. President.
The President shall preside at all meetings except the
Board of Governors meetings, shall enforce the Constitution and By-Laws of the
Circle; and may sign all checks jointly with the Financial Secretary or
Treasurer. In addition thereto, he shall:
all questions of order, subject to appeal by any member to the Circle.
a special meeting of the organization whenever in his opinion necessity
therefore exists, or in the event at last ten (10) members in good standing,
other than affiliate or honorary members, shall make a written request for
same, setting forth the purpose of such meeting. On the refusal or failure of
the President to act within ten (10) days after the receipt of such request,
the Vice-Presidents, or in their absence or refusal, the Treasurer, shall
call such meeting. The procedure for notice of such special meeting of the
Circle shall conform to that set forth in Article X, Section 2 of these
a custodian of all valuable documents and records of the organization, and see
that they are delivered at the expiration of his term to his successor in
office. Said Custodian shall have possession of the key to the Safety Deposit
Box rented by the organization.
the deciding vote on all questions in which there may be an equal division
of votes, except in the election of officers and appeals from his decision.
The First Vice-President shall in the absence of or
vacancy in the office of the President assume all the duties and
responsibilities incumbent upon the President and shall be ex-officio member
of all standing committees, thus acting as coordinator of all Circle
activities. It shall be his duty to report to, advise and assist the
President; and with the assistance of the Second Vice-President appoint at or
before the first meeting of the Circle and after the installation of the
Officers, the Chairmen and members of the Standing Committees.
The Second Vice-President shall assist the First
Vice-President, and shall in the absence of or vacancy in the office of the
First Vice-President assume all the duties and responsibilities incumbent
upon the First Vice-President and shall be ex-officio member of all Standing
The Treasurer, in the absence of the Vice Presidents
shall assume the responsibilities and duties incumbent upon that office. The
Treasurer shall receive as a salary $1.00 per year. He shall:
deposit all monies received by him from the Financial Secretary in the bank
designated by the Board of Governors.
access to the Safety Deposit Box rented by the organization.
the meetings of the Finance Committee of which he shall be an ex-officio
may sign all checks jointly with the President or Financial Secretary.
all authorized bills submitted to the organization and supervise payment if
the expiration of his term, deliver to his successor, when duly qualified, all
monies and other properties of the Circle in his custody and all books and
papers pertaining to his office which may be in his possession.
such other duties as the office demands.
It shall be the duty of the Recording Secretary to:
all regular and special board and organization meetings; read the minutes,
reports and communications and keep a correct record of the proceedings.
send out notices pertaining to organization matters.
the expiration of his term, deliver to his successor, when duly qualified, all
monies and other property, and all books and papers pertaining to his office,
which may be in his possession.
such other duties as the office demands.
The Financial Secretary shall receive a salary of $50.00
per year. He shall:
a register of the names of all the members of the Circle with complete data as
to their membership.
all dues, send out statements, make out all vouchers, collect and record any
and all revenue turned in to the organization
promptly to the Treasurer all monies collected, after being duly entered upon
the books of the organization.
a member of the Cemetery Committee and keep the Chairman of the Cemetery
Committee informed of all members who are suspended.
all orders drawn upon the Treasurer when approved by the President for
appropriations by the Circle or the Board of Governors.
may sign all checks jointly with the President or Treasurer.
the expiration of his term, deliver to his successor when duly qualified, all
monies and other properties, and all books and papers pertaining to his office
which may be in his possession.
a regular member of the Finance Committee.
his books and accounts ready for settlement at the expiration of his term or
at any time the Board of Governors may request upon two weeks’ notice by
such other duties as the office demands.
Assistant Financial Secretary.
It shall be the duty of the Assistant Financial
Secretary to assist the Financial Secretary and assume his duties in his
It shall be the duty of the Sergeant-at Arms to:
order during all meetings.
the meeting room for the meetings.
charge of all paraphenalia belonging to the Circle.
It shall be the duty of the Assistant Sergeant-at-Arms
to assist the Sergeant-at-Arms and assume his duties in his absence.
It shall be the duty of the Assistant Sergeant-at-Arms
to assist the Sergeant-at-Arms regular meeting.
Section 11. Vacancy
Should the office of the President become vacant for any
reason, the two (2) Vice-Presidents in order shall move up, and the office of
the Second Vice-President shall be declared vacant and the Nominating
Committee, as defined in Article VII, Section I shall fill said vacancy from
among the membership of the Circle, who shall hold office until the next
annual meeting, unless otherwise provided for in these By-Laws.
Section 1. Standing
Except as otherwise provided for herein, the Chairmen of
the following standing committees shall be appointed and the number of
committeemen thereon shall be decided by the First Vice-President with the
assistance of the Second Vice-President, at or before the first meeting of the
Circle after the installation of officers: Cemetery Committee;
Entertainment Committee; Finance and Ways and Means Committee; Sunshine
Committee; Visiting Committee; Publication Committee; Nominating Committee;
Membership Induction Committee.
Duties of the Cemetery Committee.
The Cemetery Committee shall consist of at, least three
members, one of whom shall be the Financial Secretary. This committee shall:
the Cemetery rules and By-Laws.
an annual report to the membership at the June meeting on the status of
such other duties as required in Article XII, Sections 2 and 3, and Article
XIII, Sections 1 and 2.
the cemeteries of the organization landscaped.
and store the landscaping equipment owned by the organization.
Section 3. Duties
of Entertainment Committee.
The Entertainment Committee shall consist of at least
five members. This committee shall:
each entertainment as the Circle may direct or authorize, and any other duties
which by vote of the membership may be assigned.
a collation after each regular meeting.
Duties of Finance and Ways and Means Committee.
The Finance and Ways and Means Committee shall consist
of at least three members, one of whom shall be the Financial Secretary. The
Treasurer shall be an ex-officio member of this committee. This committee
all bills submitted to the Circle and authorize and supervise payment if found
an accountant to audit the books and render a written financial statement
annually in April to the membership.
a detailed estimate of the income and prospective expenses for the ensuing
year of the Circle, and furnish such estimate to the Board of Governors in
writing at least one month prior to the April meeting.
ways and means of raising funds.
Duties of the Sunshine Committee.
The Sunshine Committee shall spread cheer among the
Duties of the Visiting Committee.
The Visiting Committee shall visit any member of the
Circle as directed by the Vice-Presidents.
Duties of the Publication Committee.
The Publication Committee shall consist of two editors
and two publishers. It shall edit, publish and mail the monthly bulletin
called the “Tattler” once every month, except during July and August.
The Committee shall be governed by Article XIV of these By-Laws.
Duties of Nominating Committee.
(see Article VII).
Section 9. Duties
of Membership Induction Committee.
The Membership Induction Committee shall induct all new
members at the membership meetings.
Section 1. Regular
This organization shall hold regular meetings once a
month, except during July and August, on the second Saturday evening of each
month at 9:00 P.M. Notice of the regular meeting shall be mailed to the
membership at least 10 days prior to the meeting. The Publication Committee
shall send out the notice for such regular meeting.
Special meetings may be called at any time by the
President, or upon written request of ten (10) members in good standing, other
than honorary or affiliate members; such request to be delivered to the
President. Notice of such meeting to the membership must specify the object
thereof and be mailed at least ten (10) days in advance of such meeting, and
no other business than that specified in the notice shall be transacted. The
Recording Secretary shall send out the notice required herein to the
membership in good standing.
Ten members in good standing, other than honorary or
affiliate members shall constitute a quorum.
Rules governing membership meetings.
All meetings are to be held in accordance with the
provisions of these By-laws, the Laws of the State of New York, and Robert’s
Rules of Parliamentary Procedure.
1. Procedure for Amendments.
Any member in good standing, except an affiliate or
honorary member, may propose an amendment to these By-Laws. The proposed
amendment must first be submitted in writing to the Board of Governors. If
twothirds of the members present at the Board of Governors vote in favor of
submitting the proposed amendment to the membership, it shall be published in
its entirety in the next “Tattler” following such Board of Governors
meeting, and it shall be voted upon at the next regular or special
membership meeting following its publication. The proposed amendment shall
require a twothirds vote of the members present at such meeting for
Section 1. Cemeteries.
The Cemeteries of the BERNSTEIN FAMILY CIRCLE, INC. are
the Beth David, located at Elmont, Long Island, New York and Beth Moses at
Pinelawn, Long Island, New York.
Notification of Death.
In the event of the death of any member of the Circle who
is entitled to burial on one of the cemeteries owned by the Circle, the
Chairman of the Cemetery Committee must be notified. Upon being notified of a
death of one entitled to be buried on one of the cemeteries of this Circle,
the Chairman shall notify a member of each branch of the Circle. Said Chairman
is empowered to use any available means of notification. In addition the
President, the Vice-Presidents, and Financial Secretary must also be notified.
In the event that the Chairman cannot be reached, the Co-Chairman, the
President, or Vice-Presidents of the Circle shall act in his capacity,
respectively. If none of these officers can be reached, any member of the
Cemetery Committee shall act as Chairman. An emergency meeting may be called
by the Chairman of the said Committee, and any member or members present shall
constitute a quorum to conduct business.
A permit to open the grave
of one entitled to be buried on one of the cemeteries of the Circle, must be
signed by the Chairman of the Cemetery Committee, or the Financial Secretary
or in their absence, in accordance with Section 2 of this Article.
No additional private plots shall be created on the
cemeteries of this organization, nor shall any such private plots heretofore
created but undisposed of, be distributed in the future.
Notwithstanding anything to the contrary contained in these By-Laws,
the original owner of a private plot in the Beth David Cemetery of this
organization must use the plot for the burial of such original owner and
spouse. Any other graves in the private plot may be used for the burial of any
relative of the original plot owner or spouse, except that any such relative,
if eligible for membership in the organization, must be a member in good
standing at the time of the issuance of the burial permit.
Section 1. Entitlement
Unless otherwise provided, any member in good standing,
except an affiliate or honorary member, is entitled to burial on one of the
cemeteries of the Circle. The next of kin of any deceased member or the
deceased member by a designation in his will or other written document,
shall have the right to select the cemetery on which burial shall take place,
which choice shall be followed, subject however to these By-Laws and the
availability of a grave in the cemetery so selected.
unmarried child up to the age of 18 years, if either parent is a member in
good standing, other than an affiliate or honorary member, is entitled to
burial by the Circle.
or others, entitled to be buried in one of the cemeteries of the Circle, must
be buried in accordance with the rules and regulations of said cemeteries.
exists on the Beth David Cemetery of the Circle 31 infant graves which were
and are intended to be used for the burial of the first 31 infants who might
die, and who are entitled to be buried on one of the cemeteries of the Circle.
Notwithstanding anything to the contrary contained in this section, and
irrespective of the cemetery where the said infants’ parents or the
immediate relatives might be buried or are entitled to be buried, the
aforesaid first 31 infants who die, shall be buried on the Beth David
The Cemetery Committee shall have the final authority and
power to decide in any disputed case whether or not a particular infancy death
comes within the foregoing provision, with the understanding that the infant
coming within this section in no event shall be more than two years of age.
Section 2. Headstones.
All headstones in any one
cemetery owned by the Circle shall be of uniform shape, size, color and
design, and plans of such headstone shall be submitted to the Cemetery
Committee for approval.
Section 3. Burial
The Circle shall pay the sum of $50.00 towards the
funeral expense of a deceased member, except an affiliate or honorary
Section 4. Disputes.
Except as otherwise provided in this Article, all
disputes, irregularities or controversies concerning burial shall be
adjusted by the Board of Governors, whose decision shall be final.
Section 1. Name
The Circle shall maintain a publication to be known as
Section 2. Distribution.
Every member in good standing shall be entitled to
receive a copy of the publication.
Section 3. Material.
There shall be printed in the “Tattler” only matter
and material pertaining to the Circle and its members.
The “Tattler” is the sole official publication of the
Circle and any notice requirement to the membership shall be deemed complied
with if published in the “Tattler”, unless otherwise expressly provided in
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