BY-LAWS
Of
THE SAN JOSE CAMBODIAN BUDDHIST SOCIETY, INC.
ARTICLE I
Name
Section 1 - The name of the
Corporation is "The San Jose Cambodian Buddhist Society, Inc.".
ARTICLE II
Office
Section 1 - The principal office
of the Corporation is: 1835 Luby Drive, San Jose, CA 95133
Section 2 - The Corporation may change its principal office
to another location following the decision of the Board of Directors.
ARTICLE III
Purposes
Section 1 - This Corporation
is a religious corporation and is not organized for the private
gain of any person. It is organized under the non-profit religious
corporation law.
Section 2 - The specific purposes of this Corporation
are:
- To preserver Cambodian Buddhist Culture.
- To assist the Cambodian people in the process of adjusting
to the new culture and society in the United States.
- To operate for educational, artistic and charitable purposes.
- To receive the right to raise fund in order to maintain and
administer its Corporation.
ARTICLE IV
Members
Section 1 - The Corporation
shall have only one category of members. Each member shall be
considered equal, and entitled to one vote only.
Section 2 - Members of the
Corporation shall be those who request to be entered in the membership
list, voluntarily make regular monthly contributions to the Corporation,
and abide by its By-Laws.
Section 3 - Each member of the Corporation shall be entitled
to vote in person, or by mail, or by telegram, on each matter
submitted to a vote by the members.
Section 4 - Membership in the Corporation is neither transferable
nor assignable.
Section 5 - Any member may
resign from membership in the Corporation by delivering a written
letter of resignation to the Board of Directors.
Section 6 - Any member may
be removed from membership by any affirmative vote of two-thirds
(2/3) of the Directors present in person at any meeting of the
Board, for conduct prejudicial to the Corporation, provided that
such member shall have been given an opportunity to defend himself/herself
at such meeting. All members of the Board and the member charged
shall be notified by certified mail at least 15 days prior to
the day of the meeting.
ARTICLE V
Meetings of the members
Section 1 - The times and places
of all meetings of the members shall be scheduled by the Board
of Directors.
Section 2 - A general meeting
of the members shall be held annually during the month of June
to elect a new Board of Directors by a majority of vote, and to
make any decisions related to the matters of the Corporation.
Section 3 - Special meetings
of the Board of Directors of all members may be requested by not
less than 25% of the members.
Section 4 - Written notice
of any annual or special meeting shall be given to each member
not less than seven (7) days before the date of such meeting,
either personally or by mail, by the Secretary of the Corporation.
Section 5 - Business to be
transacted at any special meeting of members shall be limited
to purposes stated in the notice.
Section 6 - The presence in
person, or by mail, or by telegram of members representing three-fourths
(3/4) of the members shall constitute a quorum at any meeting
of the members. If, however, such a quorum shall not be present,
the members present in person, shall have the power to adjourn
the meeting and to decide the time and place of another one. The
second meeting shall transact any business, which might have been
transacted at the adjourned meeting, regardless of the number
of members present.
ARTICLE VI
Board of Directors
Section 1 - The business, property
and affaires of the Corporation shall be managed by a Board of
Directors composed of fifteen (15) persons. The numbers of Directors
may be changed by amendment to these By-Laws.
Section 2 - The Abbot and the
Assistant Abbot of the Corporation shall automatically be members
of the Board of Directors. The remaining members of the Board
of Directors shall be elected among members of the Corporation.
Section 3 - Each elected Director shall hold office for
one year.
Section 4 - Any member of the
Board may be removed from the office for failure in his duty or
for any other reasons, by a vote of two-thirds (2/3) of the members
present. Such Director shall have been given an opportunity to
defend himself.
Section 5 - Vacancies in the Board of Directors arising
from death, resignation, removal or otherwise, may be filled at
the discretion of the majority of the Directors.
ARTICLE VII
Meeting of the Board of Directors
Section 1 - The Board of Directors of the Corporation
may hold meetings, both regular and special, at times and places
of its choosing.
Section 2 - After the annual
meeting of the members, a regular meeting of the Board of Directors
shall be held immediately, at the same place, in order to select
the officers among the Directors.
Section 3 - At the request
of the President or the majority of the Directors, a special meeting
of the Board may be called on notice to each Director, either
by mail, telephone or personally. Should the meeting be held before
the schedule date, it could be considered as legal upon approval
by signature of the members of the Board.
Section 4 - At all meetings
of the Board of Directors, the presence of two-thirds (2/3) of
the Directors shall constitute a majority of the Directors present
at any meetings at which a quorum is present, shall be the act
of the Board of Directors, unless the act of a greater number
is required by Law, the Articles of Incorporation or these By-Laws.
If a quorum shall not be present at any meeting of the Board of
Directors, the Directors present thereat shall have the power
to adjourn the meeting and decide the time and place of another
one. The second meeting shall transact any business, which might
have been transacted at the adjourned meeting regardless of the
number of Directors present.
ARTICLE VIII
Officers
Section 1 - The officers of
the Corporation shall consist of a President, two (2) Vice-Presidents,
a Secretary, four (4) Deputy Secretaries, a Treasurer, a Deputy
Treasurer, and two (2) assistant Deputy Treasurers and the Presidents
of at least three committees. All officers of the Corporation
shall be elected among the Directors.
Section 2 - The salaries, if
any, of the staff of the Corporation shall be fixed by the Board
of Directors, provided that such compensation shall be reasonable
and shall in no way adversely affect the Corporation's qualification
under Section 501 (c) (3) of the Internal Revenue Code of 1954.
Section 3 - The President of
the Board of Directors shall be the chief executive officer of
the Corporation. He shall be in charge of: - Putting into effect
all directives and resolution of the Board of Directors; - Presiding
the general meeting and the meeting of the Board of Directors.
Section 4 - The Vice President,
in assisting the President, shall perform any duties assigned
to him by the President. He shall replace the President, and perform
the duties and exercise the powers of the President in his absence.
Section 5 - The Secretary,
with the assistance of the first Vice President, shall be in charge
of: - The Secretariat of the Corporation; - Taking and keeping
the minutes of all meeting; - Giving notice or causing to be given
notice of all meetings; - Keeping in safe custody the seal of
the Corporation, affixing the same to any instrument requiring
it and attesting to it by his signature when required; - Keeping
in safe custody all documents of the Corporation; - Maintaining
the list of names and addresses of all visitors and all members
of the Corporation.
Section 6 - The Deputy Secretaries
shall perform duties assigned to them by the Secretary. In the
absence of the Secretary, the Deputy Secretaries, in order of
rank, shall perform the duties and exercise the powers of the
Secretary.
Section 7 - the Treasurer,
with the assistance of the second Vice President, shall be in
charge of: - The custody of the corporate funds; - Preparing and
keeping accurate accounts of all receipts of incomes and disbursements;
- Deposition all money into the Corporation Accounts in such depositories
as may be designated by the Board of Directors; - Preparing financial
reports of the Corporation, as required; - Preparing the annual
budget of the Corporation for approval by the Board of Directors,
and upon approval submitting the budget to the annual meeting
of the members; - Maintaining an up-to-date list of names and
addresses, and contributions of the Corporation members; - Issuing
receipts for all kinds of contributions.
Section 8 - The Deputy Treasurer shall perform duties
assigned to him by the Treasurer. In the absence of the Treasurer,
the Deputy Treasurer shall perform the duties and exercise the
powers of the Treasurer.
Section 9 - The two Assistant Deputy Treasurer shall perform
duties assigned to them by the Treasurer and the Deputy Treasurer.
ARTICLE IX
Committees
Section 1 - The Corporation
shall have at least three committees; 1. The Committee for Religious,
Cultural and Public Relations. 2. The Committee for Fund Raising
and Ceremonies. 3. The Committee for Construction and Maintenance.
Section 2 - The duties of the
Committee for Religious, Cultural and Public Relations are: -
Creating and maintaining a Buddhist library. - Organizing cultural
activities such as opening classes for various subjects. - Publishing
a Corporation's newsletter. - Maintaining relations with Cambodian
people and other Buddhist followers, with other religious and
humanitarian organizations in order to promote mutual cooperation.
Section 3 - The duties of the
Committee for Fund Raising and Ceremonies are: - Raising funds
for the Corporation - Organizing religious and traditional ceremonies
- Services to Buddhist monks residing at the location of the Corporation.
Section 4 - The duties of the
Committee for Construction and Maintenance are: - Constructing
and repairing the property of the Corporation. - Decorating the
place for various ceremonies.
Section 5 - The Committees' Presidents shall be chosen
from among themselves and from the members of the Corporation.
Section 6 - In addition to
the President, each committee shall have at least four members
to be chosen by the Board of Directors among the members of the
Corporation on the proposition of the Committee's President.
ARTICLE X
Finances
Section 1 - All checks or drafts
of payments of indebtedness of the Corporation shall be signed
by the President or Treasurer of the Corporation. In the absence
of the President or Treasurer, the Board of Directors, by the
majority of vote may instruct the Vice President, or Deputy Treasurer
and Assistant Deputy Treasurer and Secretary to act.
Section 2 - All funds of the Corporation shall be deposited
immediately to the Checking or Saving Accounts of "The Cambodian
Buddhist Society, Inc." in such banks as the Board of Directors
may select.
Section 3 - A voucher for all expenses shall be made and
signed by the President and Treasurer or Deputy Treasurer.
Section 4 - The President or
Treasurer of the Corporation may approve any single expense of
not more than one hundred dollars ($100.00). The expenses from
one hundred dollars ($100.00) to five hundred dollars ($500.00)
shall be approved by the President, Treasurer and Secretary. Any
higher expenses of more than five hundred dollars ($500.00) shall
be approved by the Board of Directors. All other regular expenses
shall have a statement of disbursement with enclosing receipts
to the Assistant Deputy Treasurer.
ARTICLE XI
Advisory Boards
Section 1 - The Advisory Boards
shall consist of representatives of the various Buddhist traditions
and of other officers from different public offices and organizations
that may help in contributing all kinds of supports for the proper
function, and for the progress of the Corporation.
Section 2 - The Advisory Boards shall be chosen by the
Board of Directors.
ARTICLE XII
Amendments
Section 1 - These By-Laws may
be amended by an affirmative vote of two-third (2/3) of the members
voting, but such action shall not, in any way, affect the Corporation's
qualification under Section 501 (c) (3) of the Internal Revenue
Code of 1954.
ARTICLE XIII
Fiscal Year
Section 1- The fiscal year
of the Corporation shall begin on the first day of January and
end at the end of December of each calendar year.
ARTICLE XIV
Seal
Section 1 - The Board of Directors
shall provide a Corporate seal which shall have a form of a "wheel"
with eight "spokes", with the Buddha in the center, and with the
name of the Corporation inscribed, in both Cambodian and English
languages, on the outer side of the 'Wheel".
ARTICLE XV
Abbreviation of Corporation's name
Section 1 - The San Jose Cambodian
Buddhist Society, Inc. shall be abbreviated to S.J.C.B.S, Inc.
CERTIFICATE OF SECRETARY
OF
THE SAN JOSE CAMBODIAN BUDDHIST SOCIETY, INC.
I hereby certify that I am the duly
elected and acting Secretary of said corporation and that the
foregoing By-Laws, comprising 7 (seven) pages, constitute the
Bylaws of said corporation as duly adopted at a meeting of the
Board of Directors thereof held on June 29, 1986.
July 25, 1986
Sam Chhorn, Secretary
|
Buddhist
Articles