PREAMBLE We, the members of the SONS OF ITALY OF ST. PETERSBURG, a fraternal ORGANIZATION, being a part of the United States of America, which we serve at all times with undivided devotion, and to whose progress we dedicate ourselves; united in the belief in God; conscious of being a representative element of an old civilization which has contributed to the enlightenment of the human spirit, and which through our activities, institutions and customs may enrich and broaden the pattern of the American way of life; realizing that through an intelligent and constant exercise of civic duties and rights, and obedience to the constitution of the United States, we uphold and strengthen this Republic, in order to make known our objectives and insure their attainment through the harmonious functioning of all the parts of our ORGANIZATION. THE SONS OF ITALY OF ST PETERSBURG do hereby establish the following as our CONSTITUTION: ARTICLES OF INCORPORATION The ORGANIZATION will be incorporated under the laws of the State of Florida. ARTICLE one PURPOSE The purposes of this organization shall be: To enroll in its membership all members of the community and all others as prescribed in Article 10 of the General Laws. To promote community unity and support by participating in the civic life of our communities. To encourage the dissemination of Italian culture in the United States and uphold the prestige of the people of Italian heritage in America. To initiate and organize movements for patriotic and humanitarian purposes, thereby establishing a motto of “Equality for all.” ARTICLE two, EMBLEM, MOTTO, COLOR, LANGUAGE, AND OFFICES The emblem of the Order shall be crossed American and Italian flags in a field of white. The motto shall be “Equality for all.” . The official language of the Order shall be both English and Italian and each may be used in the course of meetings. The Home Office shall be in the ST PETERSBURG, FLORIDA ARTICLE three GOVERNANCE The laws of the ORGANIZATION include: The Constitution General Laws and Judicial Code ARTICLE four GOVERNMENT The governing powers of the ORGANIZATION shall be vested in three separate and distinct branches: Executive, Legislative and Judicial. ARTICLE five STRUCTURE The structure of the ORGANIZATION is composed of members. The members have rights and obligations, which the ORGANIZATION, by virtue of the powers conferred to it by these laws, administer, and control the organization. The members also have the right to elect a COUNCIL to operate the organization and make all decisions in their absence. The ORGANIZATION functions and operates within the limits of its locality. The organization is a constituent part of the State of Florida, and is subordinate to such state. However, the ORGANIZATION, unless restricted by state law is autonomous and may administer its affairs under such rules and regulations adopted by it which do not conflict with any of the laws applicable to it. ARTICLE six EXECUTIVE POWER The executive power shall be exercised by the ORGANIZATION (i.e. members). The executive power of the ORGANIZATION, when the assembly is not in session, shall be exercised by its Council. ARTICLE seven LEGISLATIVE POWER The legislative power, i.e., the power to make and promulgate laws and to adopt amendments thereto, shall be exercised by The ORGANIZATION while in session A two third vote by members present is required for passage, for all matters concerning the rights and obligations of the members; provided the laws made and promulgated, together with all amendments thereto, are not in conflict with the laws of the State of Florida, its Counties, or Local Government. ARTICLE eight JUDICIARY POWER The judiciary power, in the application of corrective and disciplinary measures when violations occur, shall be governed by and pursuant to the provisions of the Judicial Code. ARTICLE nine AMENDMENTS TO THE CONSTITUTION The Constitution or any amendments of the ORGANIZATION may be amended whenever a proposal is made, and notice is given to the recording Secretary, 60 days in advance of a general meeting. Constitution and /or amendment changes, require the approval by two-thirds (2/3) of the members in attendance when the ORGANIZATION is duly assembled. The House Rules, Judicial Code may be amended whenever a majority of the COUNCIL is assembled. A majority vote by the council is needed to amend HOUSE RULES with a 60-day waiting period, to provide all member notification. ARTICLE ten GENERAL LAWS REQUISITES AND QUALIFICATIONS Sec.1. Admission to membership in the ORGANIZATION is to enroll all members of the Community and those that by their efforts, works and actions contribute to and promote the culture of the Italian American culture. Applicants for membership shall be a minimum age of 18 years Applications for memberships shall be made upon an official application, signed By the applicant; and this application shall bear the signature of a sponsor, who Vouches that the applicant has all of the required qualifications for membership, As provided for in the Constitution and these laws. The membership becomes official upon acceptance by the ORGANIZATION. The Applicant shall be required to pay assessments as established by the ORGANIZATION. The application must be submitted for a majority vote of the assembly of the ORGANIZATION CLASSIFICATION sec. 2. All members of the ORGANIZATION shall be known as “Members.” The members shall be divided into the following classes: Regular members Family members Honorary members Veteran members Associate members “Regular Members” are single members who could be of Italian birth or descent; however, Italian lineage is not necessary. A regular member has full voting privileges, can hold any office, and is entitled to all discounts. Family membership will consist of a husband and wife who could be of Italian birth or descent; however, Italian lineage is not necessary. Either Individual family member can hold any office, have full voting privileges, Moreover, are entitled to all discounts. Honorary Members”. The names of honorary members are to be inscribed in the Roll of Honor, which consists of a permanent record kept by the ORGANIZATION. To the Roll of Honor, shall likewise be inscribed the names of the Past Presidents living and deceased Initiation to honorary membership shall be restricted to men and women, distinguished in learning, outstanding in achievement, or conspicuous in cultural attainments, who have given proof of their sympathy and good will toward the ORGANIZATION, its principles and ideals. An appropriate certificate to be presented to the honorary member at the initiation ceremony shall evidence the nomination to honorary membership. The initiation ceremony is to be marked by appropriate solemnity. The presentation of the certificate is to be made by the sitting President of the ORGANIZATION, with the full assembly in session. “Associate Members” are those who are not full members but are willing to spend a minimum of fifteen times annually providing a monetary value for the betterment of the Organization. Associate members will pay an appropriate portion of the dues as addressed by the council when in session at the October meeting. Associate members do not have voting privileges, cannot hold office, nor are they entitled to the use of the facilities or member discounts. Veteran membership was created for all members of the armed forces active and or retired to come and participate in the activity of the organization. Veteran members will pay an appropriate portion of the dues as addressed by the council when in session at the October meeting. Veteran members do not have voting privileges, cannot hold office, nor are they entitled to the use of the facilities or member discounts. All members shall be required to pay an application fee and assessments fee, even if this member is an active working member of the ORGANIZATION. DUTIES OF MEMBERS Sec.3. All members are required to perform the following duties: To obey and respect the authorities of the Order To pay dues and assessments To obey all the laws of the organization To assist in the work of the organization To settle any grievances that may arise by submitting this grievance to the proper authorities of the ORGANIZATION, or to the assembly of the ORGANIZATION while in session. No member of the ORGANIZATION shall resort to any civil court to enforce any claim, demand, right or cause of action which the member may have against the ORGANIZATION, or its members , or against any of the officers as such, unless and until the member shall have pursued and exhausted all remedies provided by the laws of the ORGANIZATION. It shall be the duty of each member of the ORGANIZATION to give testimony in cases to be determined by the judiciary authority. Whenever such member is called upon to give testimony, the member may not claim exemption. If such member refuses to appear when summoned or to testify when requested, the members actions shall be referred to the council to be dealt with in conformity. RIGHTS OF REGULAR and FAMILY MEMBERS Sec.4. The regular or family members may participate in discussions; make proposals; vote on matters discussed; be elected to office; receive any benefits the ORGANIZATION may adopt; and any other rights or privileges accorded. LIMITATIONS ON RIGHTS Sec.5.The necessary qualifications for election to any office, and the necessary qualifications for election to any office. Any salaried employee of the ORGANIZATION may not hold any elected or appointed office, It is necessary that a member serve one full term in any position, or having fulfilled a full term as president in any other similar ORGANIZATION. A regular or Family member may be deprived of the right to speak by the presiding officer at a meeting whenever such member is: Not in good standing with the payment of dues and assessments. Suspended by ORGANIZATION, or the council. Requested to be orderly by the presiding officer and fails to comply with such request. Persistent in taking the floor without first obtaining permission from the presiding officer. EXPULSION FROM A MEETING Sec.6. the presiding officer may order the Vice President to expel a member from the hall when: Such member persists in wanting to speak after the floor has been denied to the member. Such member is under the influence of a mind-altering substance. Such member provokes disorder during the course of the meeting. SUSPENSION AND REMOVAL sec.7 .A Trial Commissioner or the council may impose suspension of rights and privileges or removal of suspension from office in accordance with the judicial procedures of the Judicial Code of the ORGANIZATION upon a member or officer who: Fails to obey an order duly given. Is insolently self-demeaning and incites violent discussions or aggressive behavior. Uses profane, foul or opprobrious language in addressing officers or members during the course of meetings. Attends meetings while under the influence of mind-altering substances and creates a disturbance while the meeting is in progress. Fails to confine remarks to subjects of an impersonal nature that reflect the life, activities and progress of the ORGANIZATION when visiting other facilities or organizations. Habitually neglects the performance of duties of the office. Misuses or abuses the power or prerogatives of the office to the injury and damage of the ORGANIZATION, an officer, or a member. Has been twice fined before. Provokes disorder during the course of meetings, festivals and celebrations. Insults or slanders officers or members at meetings or elsewhere. Falsely defames members in their character, reputation or profession. Refuses to testify, when summoned, in the judiciary proceedings of the Order. Incites hatred, contempt and ridicule for the ORGANIZATION, its officers or its Members. Reveals or publishes documents, reports, deliberations, motions and other information of a confidential nature, the revelation or publication of which has been previously censored by a ranking officer of the Organization. Misuses or causes to be misused funds. Through neglect of duty or want of surveillance. Refuses to supply documents and information requested by higher-ranking officers of the ORGANIZATION, which are to be used in judicial proceedings, in the administration of the affairs of the ORGANIZATION or in the course of investigations. Has willfully and maliciously misapplied or abused the laws of the ORGANIZATION to the injury and damage officer or member EXPULSION FROM THE ORGANIZATION Sec.8 Expulsion from the ORGANIZATION may be imposed upon a member or officer, in accordance with the Judicial Code of the Order, following a verdict against them in the following classes of cases: Two previous suspensions from office under the Judicial Code. Conviction in a Court of Record for any crime of violence, felony, or crime involving moral turpitude or conviction for any offense reflecting upon the member or officers honesty or loyalty to the United States Government. Commits fraud in gaining admittance to membership into the ORGANIZATION. Makes false statements or willful misrepresentation in the application for membership into the Order. Fails to disclose facts, which disqualified the member at the time of the member’s admittance to membership, particularly if such member had been convicted for any crime of violence by any Court of Record. Libels, defames or slanders the ORGANIZATION, its officers, its institutions, or its members. Commits fraud, misappropriation of funds, theft, obtains money or other things of value under false pretense, or other crime, which act or acts are committed to the injury or damage of the ORGANIZATION, Refuses to abide by the deliberations or to comply with the orders of the council Destroys, falsifies, alters, secretes, gives away or absconds with any record, book of account, minute book and document of whatsoever nature, which may be the property of the ORGANIZATION; or incites any officer or member in the perpetration of any such act. Fosters, promotes, organizes, or takes part in fostering, promotion or organization of any association, corporation or society whose purposes are antagonistic to those of the ORGANIZATION. Publishes or reveals, verbally or in writing, the contents of any documents, communications or other confidential information, the publication or revelation of which was previously censored or proscribed. Refuses to carry into effect executor sentences, orders or decrees issued under the provisions of the laws of the ORGANIZATION. Professes any doctrine, which advocates the unlawful overthrow of the social order or the Government by force or violence. Professes hostility to the Government of the United States of America and to the Constitution thereof. Incites, induces or encourages members or officers, by any means or any place whatsoever, to secede from the ORGANIZATION or to bring about the dissolution, or become a member of any association, corporation or society whose object is to undermine and destroy the ORGANIZATION either in completely or in part. DEFAULTS, CANCELLATIONS AND RESIGNATIONS sec.9. Any member of the ORGANIZATION in arrears, when such person (s) have not paid the current dues, fines and assessments, and the person (s) are in default, when in arrears with the payment of dues, fines and assessments for a period of one month after payment is due. The consequences of being in arrears are Loss of the privilege of the floor, the right to vote, the loss of the use of the facilities, and loss of the right to run for office or to hold office. A member is in default when by 30 DAYS after the bill date payment is due, does not remove the cause of such default shall be stricken from the rolls of membership. REINSTATEMENT Sec.10. Any application for reinstatement accompanied by prepayment of one year’s dues may be approved, without payment of an admission fee. The member, when reinstated, need not be initiated and will acquire all rights and privileges extended other members after readmission, provided said member meets all of the requirements governing reinstatement. ADMISSION OF OTHER ORGANIZATIONS Sec.11. Fraternal societies and other associations may be admitted into the ORGANIZATION, only with the consent of the council after due inquiries, the certification of the membership, and in compliance with the normal application procedure. (sec1). The ORGANIZATION shall encourage admission of fraternal societies and other associations into the ORGANIZATION, except in those situations wherein admission would be contrary to the best interests and welfare of the ORGANIZATION. JUNIOR DIVISION Sec.12. the COUNCIL shall have the power to organize Juvenile divisions together with such rules and regulations as are necessary to govern, the requirements for admission to junior membership, the dues to be paid, the benefits to be received, the activities to be promoted, and the mode of organization management and control of the Juvenile Local Lodge. ORGANIC STRUCTURE Sec.13. the organic structure of the ORGANIZATION shall be composed of the Council, which shall govern the affairs of the Local Lodge. The Council is the administrative and controlling body of the ORGANIZATION when the assembly is not in session. The Council has the power to administer and control the affairs of the ORGANIZATION, but not the power to impose new assessments. The Council shall not incur expenses other than those necessary for the administration of the regular affairs of the ORGANIZATION. In case of emergency, the Council, by a majority vote thereof, may appropriate a sum of money, not to exceed $300.00 with which to meet expenses incidental to such emergency; and the appropriation so made shall be reported to the assembly at its next meeting. The Council shall have neither the power to change or modify the deliberations of the assembly. Sec.14. unless otherwise provided the ORGANIZATION shall hold its election during the month of February of the year that elections are necessary. At such election, the assembly is to elect: The President The Vice President The Orator The Recording Secretary The Treasurer Three to Five Trustees The Guard The Council is constituted of the President, the Vice President, the Immediate Past President, the Orator, the Recording Secretary, the Treasurer, elected Trustees, and the Guard. The Council meets in ordinary session once each month and in special session whenever the meeting is called by the President or at the written request of five of its members. Whenever a vacancy occurs in the Council, it shall be filled by holding a special election to fill such vacancy at the next regular or special meeting of the assembly. Within fifteen days from the installation of officers, the ORGANIZATION shall require that the Treasurer be placed under bond in such amount as the assembly may determine, and the ORGANIZATION shall pay the premium for such bond. PRESIDENT Sec.15. the President is the highest-ranking officer and the leader of the ORGANIZATION and as such: Calls and presides over all the meetings of the Council and of the assembly. Sees that the laws of the ORGANIZATION are observed and the deliberations of the Council and of the assembly are carried out. Sees that the laws of the Order are respected and observed Controls the affairs of the ORGANIZATION and supervises the performance of duties by the other officers and of the Council. Signs the minutes of the meetings of the assembly and all orders of payment, checks, correspondence and all documents, which invest the responsibility of the ORGANIZATION. Unless the laws of the ORGANIZATION provide otherwise, the President appoints all committees, of which the President is an ex-officio member. Refrains from making proposals at the meetings of the assembly; participates in discussions only to clarify the issues presented, and votes only in case of a tie. After hearing the opinion of the Orator, the President rules upon controversies involving the application of the laws. The member who disagrees with the ruling and the interpretation of the President shall appeal within 10 days to the council When disorder arises in the meeting of the assembly or of the Council, the President may silence or censure the member or members causing such disorder. If such member or members persist in causing disorder, the President may fine, silence or expel the member or members from the hall or suspend the meeting. May appoint a Chaplain whose primary duties shall be to conduct, Whenever practicable, all religious exercises of the ORGANIZATION. The Chaplain shall also perform such other duties relating to the office, as Shall be assigned to the office from time to time by the President. VICE PRESIDENT Sec.16. the Vice President is the second ranking officer of the ORGANIZATION As such, the Vice President assists the President and takes the Presidents place when the President is absent or unable to act. In the absence of the President, the Vice President performs the duties and exercises the prerogatives of the President to the same extent and with like power, which the President would have, if present. IMMEDIATE PAST PRESIDENT Sec.17. the office of Immediate Past President shall be given to the member who has served one complete term as President of the ORGANIZATION immediately preceding the incumbent. If, because of death, disqualification, resignation or removal, the office of Immediate Past President becomes vacant, the office shall be filled from the preceding former Presidents in the inverted order of their tenure of office. In case there are no preceding former Presidents, the office of the Immediate Past President shall be filled by electing such officer from among the members of the ORGANIZATION who have served a full term as officers. The Immediate Past President assumes the office of President whenever the President and the Vice President are unable to act or are absent from the meeting of the Council or of the assembly, and performs the duties and exercises the prerogatives of the President to the same extent and with like powers as the President, if present. ORATOR Sec.18. the Orator gives opinions concerning the application and interpretation of the laws of the Order and sees that the laws of the Order are observed and properly applied. In matters, which relate to the administration of the affairs of the ORGANIZATION, the Orator is subordinate to the President. In matters relating to the exercise of Judicial Power. Either the Orator, on the Orators own initiative or upon complaint being made to the Orator, shall have power to prefer written charges against a member who has violated the laws of the ORGANIZATION. RECORDING SECRETARY sec19. The Recording Secretary is the custodian of the archives and the keeper of the seal of the ORIGINATION. The Recording Secretaries duties are: To take and record the minutes of the meetings of the Council and of the assembly, which minutes are to be read at the successive meeting. To make up and keep up to date the membership roll of the ORGANIZATION. To care for correspondence and write letters, which the Recording Secretary is, directed to write by the President or other higher officer in the ranking units of the Order. To be the sole officer through whom a member may communicate with the Council. To write and send notices for meetings. TREASURER Sec.20. the Treasurer is the custodian of the funds of the Local Lodge. The Treasurers duties are: To receive at the end of each meeting all money collected by the Financial Secretary and to issue proper receipt therefore. To record in and keep up to date the Cash Book of the Local Lodge, in which record the Treasurer shall register monthly income and disbursements of the Local Lodge. Not later than three days after each meeting, to deposit in previously designated banks the funds received by the Treasurer in accounts opened in the name of the Local Lodge. To issue and sign checks upon the receipt of proper order of payment and consign them to the Financial Secretary for delivery to the payee thereof. To withdraw funds from savings accounts opened in the name of the Organization; provided the withdrawal slip bears the signature of the President, of the Financial Secretary, and of at least one Trustee, in addition to the Treasurers; and provided further that the assembly of the Organization may dispense with the signature of the Trustee when deemed advisable. To carry out such orders, which the Treasurer may receive, in matters pertaining to the office, from the President or from the higher ranking officers of the Order. TRUSTEES Sec.21. the Trustees supervise the affairs of the ORGANIZATION, and are members of the Council. Their duties are: To examine and audit the books kept by the treasurer To examine the quarterly audit provided by the ORGANIZATION CPA. Reporting deficiencies to the membership at the next most immediate meeting. Affixing their signatures thereon; provided, however, that such report shall not be valid unless it bears the signature of no less than three Trustees in addition to that of the treasurer. To perform such additional duties, in matters pertaining to their office, imposed upon them by the laws of the ORGANIZATION or by the deliberations of the assembly of the Local Lodge. . GUARD Sec.22. the Guard is the doorkeeper of the ORGANIZATION. The Guard duty is to exclude strangers from the meetings of the assembly and to admit those members who have identified themselves by announcing their presence to the President, who, in turn, orders the Guard to either admit or exclude such members. ARBITRATION COMMISSION Sec.23. the COUNCIL is the judicial tribunal of the ORGANIZATION. The rules and regulations, which prescribe the mode of procedure, the jurisdiction, the powers and the revenue incident to the functioning of the COUNCIL sitting as the Arbitration Commission, are set forth in the Judicial Code. the ORGANIZATION holding biennial elections, MEETINGS sec. 24 The meetings of the ORGANIZATION to be regular or special. The regular meetings are to be held no less than once each month from September to April, and shall be conducted in accordance with the minimum requirements called for in Roberts Rules. The special meetings are held when called either by the President or by written request of no less than one-third of the members in good standing. The business of a special meeting shall be limited to the order of the day. The Recording Secretary, upon order of the President, shall give notice of the meeting, and the order of the day by mail sent to each member of the ORGANIZATION no less than 5 days prior to such special meeting. In the absence of the President, Vice President and Immediate Past President, the meeting of the assembly is to be postponed until one of the presiding officers is present. No regular or special meeting of the assembly of the ORGANIZATION shall be declared open unless a quorum is present. The presence of not less than five members in good standing shall constitute a quorum. Whenever proposals for the imposition of new assessments or for the expenditure of sums of money other than for ordinary purposes are contemplated, the proposal is to be inserted in the notice for the meeting and such notice shall be sent to each member of the ORGANIZATION the last known address. . Unless the proposal for the purposes mentioned is inserted in the notice, it cannot be discussed and acted upon at the meeting. All of the deliberations of the assembly of the ORGANIZATION, which do not conform to the laws, are to be considered null and void. RECEIPTS Sec.25. the ORGANIZATION derives its revenue from the following sources: Application fee of applicant. Fund raisers Annual dues and assessments Special assessments imposed by the deliberations of the assembly LOANS sec. 26. The ORGANIZATION is prohibited from making loans to members and to any person whatsoever out of funds possessed by either of them, which are incidental This prohibition shall not preclude the investment of funds constituting the reserve of the ORGANIZATION whenever such investments are consistent with the laws of the State. Neither shall this prohibition preclude from investing its surplus funds in property for its own use… ARTICLE eleven JUDICIAL CODE PREFACE The Judicial Code of the ORGANIZATION guarantees each member the privileges and protections of the Constitution and General Laws of the ORGANIZATION. This Judicial Code supersedes all existing judicial procedures. JUDICIARY POWERS ART. 1A. The Judicial Code of the ORGANIZATION is the primary method of enforcing the Constitution, General Laws and resolving disputes arising within the ORGANIZATION. No member may resort to the Civil Courts until they have pursued and exhausted all available remedies under this Judicial Code. Wherever the word “member” is used in the Judicial Code it shall mean “ALL” member. ART. 2B. The Judiciary powers of the Order are exercised by: The council when called into special session SUPREME COURT OF THE ORGANIZATION ART. 3C. The Supreme Court of the ORGANIZATION shall be composed of the President all Past Presidents, and the Vice President in the event Past Presidents do not exist , then the President will select by lottery four members of the ORGANIZATION that do not have a relationship with the parties. . The affirmative vote of a majority of the members of the Supreme Court present, at a meeting at which a quorum is present, shall be necessary for the authorization, decision or taking of any action voted upon by the Court. The members of the Supreme Court, at the time the court is convened, shall then elect a President from among their members who shall be known as President of the Supreme Court. The President shall be entitled to vote at any meetings and hearings and shall preside at all meetings and hearings. The President shall also act as the Clerk. ART. 4D. The Supreme Court shall have jurisdiction as follows: To hear appeals, of the decision of the council. GENERAL PROCEEDINGS ART. 5E. all trials of complaints and hearings of appeals shall be open only to members of the ORGANIZATION; the public shall be excluded. Any member may be represented. Expenses by a member of the ORGANIZATION, at a trial or hearing shall be paid by the member Any Member, or member representative, may call any witness, whether a member or non-member of the ORGANIZATION, at such persons expense. ABSENT PARTIES ART. 6F. If any party and/or their designated representative, if any, fail to appear at any proceeding after notice of such proceeding in accordance with Article 7 or 8 of this Judicial Code, such proceeding shall be held regardless of whether or not said party or their designated representative, if any, appears and a decision may be rendered. SERVICE ART. 7G. Whenever the Recording Secretary is required to serve any document or notice in accordance with this Judicial Code, such service shall be made as follows: By Registered United States Mail or by United States Certified Mail with a return receipt requested, or by personal service. If by personal service, any adult individual may personally serve any document or notice, and said person shall sign a statement indicating the name to which service was made, the date and place the service was made, and itemize all documents served. This statement shall become a part of the record of the proceedings. ART. 8H. If service is by Registered United States Mail or United States Certified Mail, the envelope is returned with an endorsement showing the failure of service, such as refusal, unclaimed, etc., and if no personal, service can be made, and then service shall be by publication as follows: Before service by publication can be made, the moving party shall file an affidavit, as part of the record of the proceedings, stating that service cannot be made in accordance with Article 8 of this Judicial Code. The Recording Secretary shall publish a notice, at least once, in the newspaper of the ORGANIZATION, or if the ORGANIZATION does not publish a newspaper, then in a newspaper of general circulation in the general jurisdiction wherein the party to be notified resides The published notice shall contain the name of the party to be notified, a brief summary of the purpose of the cause of action, and the name and address of the Recording Secretary. Service shall be completed at the date of the last publication. Upon confirmation of publication, the Recording Secretary shall file an affidavit, as part of the record of the proceedings, showing the fact of publication together with a copy of the newspaper publication of the notice as part of the record of the proceedings. The affidavit and copy of the published notice shall constitute proof of Service. No proceeding may commence earlier than thirty (30) days following the last date of publication of any notice specifying the proceeding and its commencement date. THE COMPLAINT ART. 9 I. The complaint shall be in writing and shall contain the following information: The name, address and telephone number of the complainant. The name, address and telephone number of the respondent. A clear and concise statement, in plain language, explaining the alleged violation(s) of the law(s) of the ORGANIZATION and such additional information necessary to clarify the nature of the offense(s). The name, address and telephone number of witnesses to the offense(s), if known at the time the complaint is filed. A simple and concise statement of the relief requested or as specified in the laws of Order. The name, address and telephone number of any designated representative of the complainant. The signature of the complainant and the date signed. ART.10J An original copy of the complaint shall be filed with the Recording Secretary having jurisdiction at the address of record for said Recording Secretary. ART.11K. No complaint may be filed unless it is filed: Not later than six (6) months from the date of the offense or not later than six (6) months from the date the offense became known, or should have become known in the exercise of reasonable diligence, whichever is later. Includes deposit of any required filing fees established in Article 23 of this Judicial Code with the Recording Secretary. ART.12L. Upon receipt of a complaint the Recording Secretary shall: Date the complaint received. Forward one copy of the complaint to the President of council Serve, one copy of the complaint to the respondent; a statement that the respondent must file an answer within thirty (30) days; and require that the respondent must notify the Recording Secretary of any designated representative within thirty (30) days. If no answer is filed, all averments of fact contained in the complaint will be deemed admitted. ART. 13M. a copy of any subsequent filings must be served on all parties. ART.14N. the Recording Secretary shall: Forward a copy of all filings to the President. Notify all parties and their designated representatives. ART. 15 O. The President (Trial Judge) shall establish a pre-trial hearing date to be attended by the complainant and the respondent along with their designated representatives, if any. At the pre-trial hearing, the Trial Judge shall: Define the issues, which will be presented at the trial. Record the names, addresses and telephone numbers of all witnesses who will be called to testify at the trial by either party. Establish the date, time and place for the trial and review the trial Procedure. Receive any information the parties may desire to submit. Issue a pre-trial order through the Recording Secretary, setting forth the above information and any other necessary information in writing to all parties and their designated representatives, if any, within twenty (20) days from the pre-trial hearing date. ART.16P. All parties shall make an effort to resolve the matter and if possible arrive at a final disposition at the pre-trial hearing date or at any time prior to commencement of the trial. TRIAL ART.17.Q The trial shall be held at a location determined by the Trial Judge. The proceedings of the trial shall be recorded and transcribed at the sole cost and expense of the complainant. ART. 18R. the following trial procedure, power, and authority shall apply: The Trial Judge shall declare the trial open and verify that any designated representatives are members of the ORGANIZATION Administration of the following oath by the Trial Judge or the Recording Secretary to all persons who will give testimony at the trial: I swear (affirm) to tell the truth, the whole truth, and nothing but the truth in this hearing, so help me God. The complainant shall present its case, evidence and witness (es) which shall be subject to cross-examination by the respondent and/or their designated representative, if any, and/or the Trial Judge . The respondent shall then present its defense, evidence and witness (es) which shall be subject to cross-examination by the complainant and/or their designated representative, if any, and/or the Trial Judge . If during the trial any witness refuse to testify, and/or to answer questions asked of them, or if such witness becomes unruly, abusive or uses foul and profane language, the actions of the witness shall be disqualified. The Trial Judge shall have the authority to require the parties to submit any additional evidence and/or to call additional witnesses. The president shall have the authority to interpret the laws. The parties and their designated representatives, if any, may submit any oral or written arguments to the president they deem appropriate to their position. ART. 19S. The Trial Judge shall render a written decision within thirty (30) days of the conclusion of the trial. In rendering a decision, the Trial Judge shall consider all the evidence submitted. The burden of proof shall rest upon the complainant who shall be required to prove his case by a fair preponderance of the evidence. Whenever the evidence is equally balanced, a decision in favor of the respondent is to be returned. ART. 20T. the Trial Judge may by decision: Expel a party from the Order. Remove a party from office. Suspend a party from office for a period deemed advisable. Suspend the rights and privileges of a party for a period deemed advisable. Assess the trial cost as established in Article 23 of this Judicial Code, including stenographic costs previously paid by the complainant, against either party or both of the parties equally. Impose a fine. ART. 21U. The Recording Secretary shall serve, a copy of the decision to all parties including their designated representatives, if any. ART. 22V. the decisions of the Trial Judge shall be considered as and are the laws of the ORGANIZATION the findings and decisions of the Trial Judge, be carried out immediately by all affected parties JUDICIAL FEES AND COSTS ART.23W.Whenever a complaint is filed; a one-hundred dollar ($100) filing fee shall accompany it, together with a $500.00 deposit for trial expenses outlined in article 24x. ART.24X. the costs of conducting a trial before a Trial Judge include the following: Stenographer’s fees Transcript of the record of the trial if it is reduced to writing Photocopying and postage Publication costs, if any. The per-diem as established for the Trial Judge and Recording Secretary The cost of travel, lodging, and meals The cost of obtaining a room for holding a trial Approved and adopted October 21, 2014