CLAN TULLY ASSOCIATION
Clann ua Maoltuile
Article of the First
Name and Address
Section one. The name of this association shall be the “Clan Tully Trust" or the “Cumann Chlainne Uí Mhaoiltuile”, referred to as the “Association” hereafter.
Article of the Second
Term of Existence
Section one. The period of existence and the duration of the life of the Association shall be perpetual, unless dissolved according to law.
Article of the Third
Association Objectives and Purposes
Feidhm agus Sainigh
Section one. 1. The purpose for which the Association is formed is to promote the interests and general welfare of the descendants of the Irish Clan of Tully and its Septs, of the distinguished race of Maoltuile younger brother of Maoldoon, sons of Maolfreach, Prince of Ulster, of the O’Neill of Tyrone genealogy, with a later reference to Septs in the Co. Galway region of the Red Hand O’Conor, and the Co. Fermanagh and Co. Cavan region of the Breffny O’Neill.
2. The perpetuation of Gaelic Irish culture, traditions, customs, history, literature, language dance, art and music its heritage.
3. To research, compile, record, educate, encourage interest, disseminate and preserve the history, cultural heritage, traditions, genealogies, published works, documents, letters and other genealogical and historical information of our clan.
4. To disseminate information about the clan to its members, and others who shall be interested, in the form of newsletters, articles, books and through the use of the internet.
5. To assist in identifying the chiefs and chieftains and titles of our clan septs, should they exist.
6. To research leading to the identification, restoration, purchase and recovery of clan antiquities, as well as constructing memorials for particularly famous sites and clan members.
7. To provide a forum to facilitate the exchange of information and knowledge.
8. To encourage, promote and assist social events, reunions and gatherings of our members wherever and whenever the Association deems prudent.
9. To actively promote clan reunions held in Ireland and regionally.
10. To form and empower committees that shall support our mission and accomplish our objectives.
11. To re-forge the link between our clan and the people of our historic, ancestral lands in Ireland.
12. To facilitate in the unification and strengthening of our dispersed clan.
13. To foster the scholarly research and publication of all matters relating to the culture, traditions, history and heritage of our clan by means of awards, grants, and scholarships.
14. To maintain an address and email list of all clan members and those within our ancestry worldwide.
15. To support other Irish clans or Societies, which have as their objectives the perpetuation of Irish heritage and tradition.
16. To sanction official and registered tartans, heraldic devices, merchandise, family surname histories, and other such matters recognized by the clan.
Section two. To fulfill these purposes the Association shall have of a Clan Council, a Clan Chief and a Tánaiste, a Clan Cruinnigh (Mustering of all Members), regional reunions and an Annual Grand Meeting of the Clan Council.
Article of the Fourth
Section one. General Membership, defined as “Membership” hereafter, is recognized without regard to race, color, sex, age, religion, or presence of a handicap. Membership is recognized as right and a privilege to one’s heritage. Membership is available to anyone with the surname of Tully and its historical clan septs, and to anyone married to or descended from a Tully. Membership starts upon birth, is recognized by the Association once registered, and extends for the lifetime of that Member.
Section two. Categories of Membership
1. General Membership shall be divided into two (2) categories of status: Non-voting Members, referred to as “Kinsmen” hereafter and Voting Members referred to as “Clansmen” hereafter. Both Kinsmen Members and Clansmen Members freely decide the category of their choosing and shall change their category status at any time according to the rules set out by this Constitution.
2. Kinsmen Members shall be initially recognized as Kinsmen Members only after they have officially registered with the Association as a Kinsmen Member. Kinsmen members shall not vote on matters pertaining to the Association as set out by this Constitution. Kinsmen members shall enter into Clansmen Member status immediately upon registering as a Clansmen Member and paying the annual Clansmen Membership dues set out by the Clan Council. Kinsmen Members are eligible for: attending the Clan Cruinnigh and reunions, participation on the website, membership on a committee without voting rights, non-voting participation at reunions and the Clan Cruinnigh.
3. Clansmen Members shall be recognized with Clansmen Member status only after they have officially registered with the Association for Clansmen Member status and paid for annual Clansmen Membership dues as set out by the Clan Council. Clansmen Members shall serve for one (1) year terms, but may re-register for another year. Clansmen Members are eligible for: attending the Clan Cruinnigh, participating on the website, election to the Clan Council, election to a committee Chair, Co-Chair or Vice Chair, membership on a committee with voting rights, voting on referendums given by the Clan Council, and shall vote for any and all Association wide elections at the Clan Cruinnigh or by proxy.
4. Clansmen Members are automatically categorized with Kinsmen Membership status if they have not reregistered as a Clansmen Member and have not paid the annual Clansmen Membership dues within thirty (30) days of the expiration of their previous yearly Clansmen Member status.
5. Annual Clansmen Membership dues shall be set by the Clan Council for the purposes of funding research, web development, communications and for the aims, objectives and purposes of the Association.
6. Membership status in the Association shall cease immediately upon the occurrence of any of the following:
a. The receipt of intention of resignation sent by a member and received by the Secretary or Membership Committee
b. Upon the vote of the Clan Council to terminate a member’s Association membership for good cause. Upon such vote, the member shall be given notice of the Clan Council’s decision and reason therefore. The member shall then be allowed to appeal the termination by filing a written document with the Chair or Secretary of the Clan Council stating the reason for said appeal. The Clan Council upon hearing said appeal shall vote to either reinstate the member or confirm the termination. Upon confirmation of the termination, the member shall not be entitled to a refund of any portion of already paid dues.
Section three. The Clan Cruinnigh
Every four (4) years the Association shall host a worldwide reunion in Ireland, called a “Clan Cruinnigh” (from the Irish for muster, gather, rally) for the mutual benefit and enjoyment of all Members and for the aims, objectives and purposes of the Association. The Clan Cruinnigh may also coincide with Association wide elections, namely the election of the Vice Chair, Secretary and Treasurer every two (2) years, the election of the Chair every four (4) years, and the election of the honorary office of Clan Chief every eight (8) years. All Members are invited to attend, but only Clansmen Members shall vote on Association matters.
The Clan Cruinnigh Committee, a Standing Committee, shall be responsible for the Clan Cruinnigh and other reunions and rallies.
Every two (2) years there shall be a local Clan Reunion for Members within the same country for the mutual benefit and enjoyment of all Members in that country and also for the aims, objectives and purposes of the Association. Association wide elections may coincide with the Reunion every two (2) years, namely the Vice Chair, the Secretary and the Treasurer but must always be cast by proxy vote via mail in ballot.
Section four. Condition of the Association
At every Clan Cruinnigh of the Association, and immediately upon its organization, the Chair or the “Cathaoirleach” of the Clan Council shall communicate by message to the Association, upon the condition of the Association on behalf of the Clan Council; and shall recommend such matters to the Association as he or she shall elect or the Association may require.
At every Clan Reunion a representative of the Clan Council shall immediately upon its organization communicate by message to the Association, upon the condition of the Association on behalf of the Clan Council; and shall recommend such matters to the Association as the Council shall elect or the Association may require.
Article of the Fifth
Clan Chief, Chieftains and Tánaiste
Taoiseach agus Tánaiste
Section one. Definitions of Hereditary Titles
1. According to our Clan history, the Irish Genealogical Office and the Chief Herald of Ireland Tully ancestors have two (2) known Chieftains of two (2) separate Septs (namely one (1) from the Breffny, Cavan and Fermanagh, Southern O’Neill Sept, and another one (1) from the Galway, Red Handed O’Conor Sept). According to our clan history we also have one (1) hereditary ‘Chief of the Name’ of our Clan. The hereditary Chief, and the hereditary Chieftains, referred to as the “hereditary Chief” and the “hereditary Chieftains” hereafter, shall be the closest male heir by primogeniture to the last known holder of such a legitimate title. If such heirs are found they shall have rightful claim to all titles, coats of arms, and honors belonging to them by right of heritage. They shall also concurrently serve in the offices of Clan Chief and Clan Chieftains of this Association.
2. The Hereditary Chief shall serve as the Chief of the Name of our Clan, shall he be found, and shall also concurrently hold the office of “Chief of Clan Tully” with all rights afforded to that office. The term of his office and titles shall be for life. Hereditary titles, arms, and honors shall confer to hereditary Chiefs and Chieftains only.
2. The hereditary Tánaiste is a title given to the successor of the hereditary Chief with the right to all titles, coats of arms and honors afforded to him as such. If a hereditary Chief is found and ratified, in accordance with Brehonic Law the Tánaiste shall be appointed by the hereditary Chief and ratified by the Clansmen Members of the Association. If the Tánaiste should not be appointed by the hereditary Chief, then he shall be elected by the derbhfine- the closest male relatives with a common grandfather, namely from the hereditary line of the Chief. Once installed the hereditary Tánaiste shall retain his place until he shall become hereditary Chief of the Name of our clan, upon the death, removal, or retirement of his hereditary Chief. The Tánaiste shall also concurrently hold the office of Tánaiste within the Association.
Section two. Definitions and Appointments of Honorary Offices
1. Until the hereditary Chief is found, the Association shall have one (1) Clan Chief styled the “Chief of Clan Tully” or “ Taoiseach Chlainne Uí Mhaoiltuile”. This office shall be honorary and shall be conferred to an Association Member by election, referred to as the “honorary Chief” hereafter. The honorary Chief shall serve as a uniting figurehead within the Clan Association. The Clan Chief alone shall have the authority to cast the deciding vote in the case that there be a tie vote on the Clan Council. The term of office shall be every eight (8) years to coincide with the Clan Cruinnigh.
2. If a hereditary Chief be found, ratified by the “Hereditary Chieftain Committee”, recognized by the Clan Council, and acknowledged by Irish Genealogical Office and the Office of the Chief Herald of Ireland, then the honorary office of “Clan Chief” shall be dissolved immediately and the rightful hereditary Chief shall be installed with all honors, arms, rights and titles as well as concurrently serve in the office of “Clan Chief” of the Association. If a hereditary Chief is found, they shall be inaugurated at the next Clan Cruinnigh as both the hereditary Clan Chief as well as the office of Clan Chief, one in the same. The term shall be for life.
3. Until the hereditary Chief is found, the “Tánaiste” or “tánaiste chlainne uí mhaoiltuile” shall be an honorary office conferred to an Association Member by appointment of the honorary Chief, and ratified by the Clansmen Members of the Association by vote at a Clan Cruinnigh. The term shall be for life unless the Tánaiste should succeed the Chief whereupon the Tánaiste shall immediately fill the honorary office of Chief until his predecessor’s term be filled, whereupon he may run for election at its expiration, and should he be elected he shall run for re-election every eight (8) years. The Tánaiste shall serve on the Clan Council as a “Member at Large” with no voting rights.
4. If a hereditary Chief shall be found, ratified by the “Hereditary Chieftain Committee”, recognized by the Clan Council, and acknowledged by Irish Genealogical Office and the Office of the Chief Herald of Ireland, then the honorary office of “Tánaiste” shall be dissolved immediately and the rightful hereditary Chief shall name his own successor to be ratified by the Association Members. The rightful successor shall be inaugurated as the Tánaiste, and shall also concurrently hold the office of “Tánaiste” of the Association. The hereditary Tánaiste shall be inaugurated at the next Clan Cruinnigh as both the hereditary Clan Tánaiste as well as the office of Tánaiste, one in the same. The term of office for the office of Tánaiste of the Association shall be until the Tánaiste succeed the Clan Chief, whereupon he shall be inaugurated as the Clan Chief, and concurrently hold office of the Clan Chief within the Association.
5. Until the hereditary Chieftains are are found, the Association shall create two honorary Orders using the titles and names of the two (2) historic Clan Septs for the purposes of awarding special recognition to Clan Members who have earned their recognition through special achievement or support to the Clan or to the Name. The “Order of the O’Conor Sept” and the “Order of the O’Neill Sept” shall be the names of the two honorary Orders. At each Clan Cruinnigh, two Clan Members shall be recognized for outstanding contribution to the aims, purposes and objectives of this Association. They shall be given the honorary titles of their pertaining Sept Chieftains, and recognized as honorary Chieftains for the remainder of their four (4) year term. They shall be listed as members of the Order for life, but shall for the remainder of their four (4) year term given the honorary titles and arms granted to them in the name of the Sept they have been inducted to. Once the four (4) year term has been completed, their arms and honorary titles shall devolve to their previous state but each shall have a special amendment forever signifying their membership in the Order.
6. If any hereditary Chieftain shall be found, ratified by the “Hereditary Chieftain Committee”, recognized by the Clan Council, and acknowledged by Irish Genealogical Office and the Office of the Chief Herald of Ireland, then the honorary office of “Chieftain” shall be dissolved immediately and the rightful hereditary Chieftain shall be installed with all honors, arms, rights and titles as well as conferred with the office of “Clan Chieftain” of the Association. He shall be inaugurated at the next Clan Cruinnigh as the hereditary Chieftain. The term shall be for life.
7. With the permission of the hereditary Chieftains, should they be found, the honorary Orders and inductees shall remain intact.
Section three. Research and Appointment of Hereditary Chief
1. The Genealogical Committee and the History and Heraldry Committee shall work together as a “Hereditary Chieftain Committee” to be chaired by the Clan Herald and Vice-Chaired by the Clan Genealogist, in order to research the titles and names of our historic Clan Chiefs and Chieftains, including but not limited to: hereditary titles, coats of arms, last known survivors and genealogies.
2. The Hereditary Chieftain Committee shall test all claims thereto and report their findings to the Clan Council in a timely manner.
3. The Committee shall work with the Irish Genealogical Office and the Office of the Chief Herald of Ireland on behalf of any hereditary Chief or Chieftain, should he be found, in order to secure the titles, coats of arms, and honors available to him by right and by his heritage.
4. The Genealogical Committee and the History and Heraldry Committee shall research
the traditions and history of our historic Chief and Chieftain inaugurations for the purposes of installing a Chief or Chieftain should they exist.
Section four. Requirements and Responsibilities
Any candidate for the honorary offices of Clan Chieftain or Tánaiste shall:
1. Be of good legal standing
2. Be of appropriate age to lead
3. Always support, defend and protect the aims, objectives and purposes of this Association and its Members and its Constitution.
4. Support the Clan system worldwide
5. Use both the English and Irish form of his honorary office
6. Take an oath or affirmation of office administered by the Clan Herald during inauguration at the Clan Cruinnigh
7. Shall act as ambassadors and representatives of the clan to the world.
Article of the Sixth
Section one. Members of the Clan Council
1. The Association shall have a Clan Council consisting of four (4) voting members: The Chair or “Cathaoirleach”, a Vice Chair, a Secretary, a Treasurer, and three (3) permanent non-voting members appointed by the Clan Council: the “Herald” or Clan Persuviant, the “Clan Genealogist” and the “Webmaster”. The Herald, Clan Genealogist and Webmaster shall hold their office at their pleasure unless removed by a vote of the Clan Council whereupon they must be replaced within sixty (60) days. The office of Clan Chief serves as a non-voting member unless there be a circumstance in which the Clan Council is unable to decide a matter, whereupon the Clan Chief shall alone have the power to break a tie vote.
2. The office of Tánaiste shall serve as a “Clan Council Member at Large” with no voting privileges on the Clan Council.
3. The activities, property, finances, affairs and business of the Association shall be managed by the Clan Council.
4. Each member of the Clan Council shall either Chair, Co-Chair or be Vice-Chair of a Standing Committee of the Association.
Section two. Officers and Responsibilities
1. The supreme executive power of the Association shall be vested in an executive director, who shall be styled, "The Chair of the Clan Council” or “Cathaoirleach chlainne uí mhaoiltuile”, who shall be elected by a quorum of the Clansmen Members of the Association at the Clan Cruinnigh. The term of office shall be for four (4) years. No person shall serve as Chair who shall not have been a Clansmen Member of the Association for the duration of at least three (3) years. The Cathaoirleach shall appoint officers and committees at their pleasure but those officers and committees shall not serve as voting members of the Clan Council unless otherwise stipulated by this Constitution.
2. There shall also be a Vice Chair, a Secretary and a Treasurer, who shall be elected by the Clansmen Members of the Association and serve a two (2) year term each. No person shall serve as Vice Chair or Secretary or Treasurer who shall not have been a Clansmen Member of the Association for at least the duration of two (2) years.
3. In the event that the office of “The Chair of the Clan Council” or “Cathaoirleach chlainne uí mhaoiltuile” shall become vacant due to death, failure to qualify, resignation, removal from the city in which a rally is being held, or inability to discharge the duties of the office, the said office shall devolve to Vice Chair for the remainder of the term or until the disability shall be removed.
4. In the event that the office of the Secretary, the Herald, or the Treasurer shall become vacant due to death, failure to qualify, resignation, removal from the city in which a rally is being held, or inability to discharge the duties of the office, the said office shall be filled by an appointment by the Chair or “Cathaoirleach chlainne uí mhaoiltuile” for the remainder of the term or until the disability shall be removed.
5. The Clan Council shall convene no less than three (3) times a year during each calendar year, and shall hold a special Annual Grand Council Meeting one (1) time a year.
Article of the Sixth
Section one. Committee Membership
Standing Committee membership is open to any Member of the Association. Clansmen Members alone shall serve as Committee Chairs, Co-Chairs or Vice Chairs. Clansmen Members alone shall vote on matters pertaining to their Committee. Kinsmen Members are encouraged to participate, but may only do so as “members at large” with no voting privileges of any committee they are a part of unless they become Clansmen Members.
Section two. Standing Committees of the Association
The Standing Committees of the Clan Association are as follows: Clan Finance Committee, Clan History and Heraldry Committee, the Clan Genealogy Committee, the Clan Cruinnigh Committee, and the Clan Membership Relations and Communications Committee.
Section three. Committee Chairs and Responsibilities
Related Committees must be Chaired or Vice-Chaired by their corresponding Clan Council member: The Clan Finance Committee must be chaired or vice-chaired by the Treasurer, the Clan History and Heraldry Committee must be chaired or vice-chaired by the Herald, the Genealogy Committee must be chaired or vice-chaired by the Genealogist, the Cruinnigh Committee must Chaired or co-chaired by the Vice Chair and the Membership Relations and Communications Committee must be chaired or vice-chaired by the Secretary.
Section four. Committee Spectrum
1. The Clan Finance Committee shall:
a. Be responsible for receiving and disbursing all funds of the Association subject to the direction of the Clan Council
b. Keep an accurate account of all financial transactions of the Association, and prepare a monthly financial statement for presentation to the Clan Council of the Association.
c. Send a copy of the monthly bank statement to the Chair of the Clan Council for review.
d. Prepare an annual budget forecast to be approved by the Clan Council.
e. Perform such other duties as shall be directed by the Clan Cathaoirleach.
2. The Clan History and Heraldry Committee shall:
a. Research family name history, heraldry and traditions.
b. Give recommendations to the Clan Council from time to time for the registration of official Clan Tartan, badges, Coats of Arms, and other heraldic devices.
c. Work to preserve and identify historical Clan heritage sites.
d. Perform such other duties as shall be directed by the Clan Cathaoirleach.
3. The Clan Genealogy Committee shall:
a. Be responsible for the collecting, organizing and storing of the genealogical data of the members of the Association as well as other related clans as time and resources permit.
b. Give recommendations to the Clan Council from time to time
c. Perform such other duties as shall be directed by the Clan Cathaoirleach.
4. The Clan Cruinnigh Committee shall:
a. Organize reunions and support existing reunions held by individual family branches.
b. Plan and organize a worldwide Clan Cruinnigh in Ireland and all relating materials including but not limited to merchandise, music, food, sponsorships, accommodations, and event planning no less than every four (4) years
c. Support regional Reunions every two (2) years.
d. Perform such other duties as shall be directed by the Clan Cathaoirleach.
5. The Clan Membership and Communications Committee shall:
a. Receive and process all membership applications and category status of members.
b. Provide membership listings for distribution of ballots for votes by proxy or other mailings pertaining to Association activities as shall be approved by the Clan Council.
c. Prepare a regular edition of a periodic Newsletter which shall contain items of interest to the membership of the Association.
d. Be responsible for distribution of the Newsletter to all members of the Association.
e. Perform such other duties as shall be directed by the Clan Cathaoirleach.
Section five. Co-Chairs and Vice Chairs
Members of each Standing Committee may elect a Co-Chair and/or a Vice-Chair in addition to the Chair prescribed by this Constitution. There can be no more than two (2) co-chairs and two (2) vice chairs for any Standing Committee at any given time. Only Clansmen Members shall serve as Co-Chair or Vice-Chair in a Standing Committee.
Section six. Chain of Command
All Standing Committee Chairs are responsible to report their progress to the Clan Cathaoirleach from time to time.
Article of the Seventh
The Annual Grand Council Meeting
Cruinniú Mór Bliantúil
Section one. Participants of the Annual Grand Council Meeting
There shall also be an Annual Grand Council Meeting of the Association for the purposes of communication between the Standing Committees, Regional Clan Representatives, the Clan Council, and the Chief for the mutual benefit for the Association. The Grand Council Meeting participants shall consist of the Clan Council, the Chairs and Co-Chairs of the Standing Committees, the Clan Chief and Tainaste including the Clan Genealogist and Webmaster, and the following Regional Clan Representatives: one (1) Representative from the United States of America, one (1) Representative from South Africa, one (1) Representative from Canada, one (1) Representative from the United Kingdom, one (1) Representative from the Republic of Ireland, and one (1) Representative from Australia. The Cathaoirleach shall chair the meeting . All participants of the Grand Council Meeting shall have voting privileges. A simple majority of fifty percent (50%) plus one (1) member shall constitute a quorum. A quorum must be present in order to conduct any official business.
Section two. Rights and Responsibilities
The Annual Grand Council Meeting shall exercise only such powers as are granted to it. The Annual Grand Council Meeting alone shall send referendums to the Clansmen Membership in matters relating to: proposed changes and amendments to the Constitution of the Association, proposed changes to the website, and the election nominations for officers of the Clan Council. Upon the passage of a Constitutional amendment by two-thirds (2/3) of votes cast by the Clansmen Members, the Chief or Tánaiste shall deliver the amendment to the Clan Council at its next scheduled Clan Council Meeting, where it shall be codified into the Constitution.
Section three. Annual Meeting Rules
1. The Annual Grand Council Meeting shall serve as a venue for discussion of the status of the Association pursuant to the aims, purposes, and objectives of the Association. The Annual Grand Council Meeting shall exercise only such powers as are granted to it.
2. The Annual Grand Council Meeting shall be held each year in July or at such other time and place as the Cathaoirleach shall designate.
3. The Annual Meeting must take place at least sixty (60) days prior to the Clan Cruinnigh for the purposes of nominating candidates for the election to Clan offices. (pursuant to Article Eight, Section One, Number 1 of this Constitution)
4. Reasonable notice of the date, time and place of each such meeting shall be given to each Annual Grand Council Meeting Participant by mail, telephone, telefax, email or personally a minimum of four (4) weeks prior to the meeting. No notice need be given of any meeting or meetings held in accordance with a schedule of meetings distributed to and approved by the Clan Council.
5. A majority of the Annual Grand Council Meeting members must be present to constitute a quorum. Simple majority, fifty (50%) plus one (1) vote, shall rule in all decisions.
6. Standing Committee Chairs shall “rise and report” on the progress and doings of their committee.
7. The Chair shall “rise and report” on behalf of the Clan Council.
8. The Chair shall communicate by message to the Council, upon the condition of the Council; and shall recommend such matters to the Council as he shall elect or the Association may require.
9. The Regional Clan Representatives shall “rise and report” any matter of importance they deem necessary for the mutual benefit of the Association. The Regional Clan Representatives shall also act on behalf of the Clan Members in the Country they Represent.
Section four. Nominations and Filings
Nominations for officers of the Association shall be filed with the Secretary during the Annual Grand Council Meeting no later than sixty (60) days prior to the elections, or immediately after that meeting by mail. Nominations made and seconded shall be filed with the Secretary. Association wide speeches shall take place at the Clan Cruinnigh before voting, consisting of the one who nominated and the one running for office.
Article of the Eighth
Section one. Election Rules, Officers and Election Committee Responsibilities
1. Filings of office and nominations shall occur at the Annual Meeting of the Clan Council immediately proceeding Association wide elections to be held at the Clan Cruinnigh. Filings of office and nominations shall occur no later than sixty (60) days prior to the Association wide elections at the Clan Cruinnigh. Elections for the offices of the Clan Council shall take place every two (2) years and the election of the Chair or Cathaoirleach of the Clan Council every four (4) years.
2. The Clan Cathaoirleach shall appoint and announce an Election Officer sixty (60) days before each Clan Cruinnigh. Association wide elections shall coincide with each Clan Cruinnigh although Clansmen Members may vote in person or vote by proxy. No Clansmen Member shall vote in person and by proxy. If the Election Committee has found a redundant vote cast by a Clansmen Member, it shall be thrown out, and and the incident shall be recorded in the official election result minutes.
3. The Election Officer, with the help of the Clan Council, shall be responsible to create a ballot. In addition to the full names of the candidates upon the ballot, the name of the Election Officer, the mailing address for votes cast by proxy and clear Constitutional voting instructions including deadlines and timeframes must be written clearly and legibly upon each ballot.
4. Each candidate for Association wide election shall appoint a representative to act as a member of the Election Committee to be Chaired by the Election Officer for the purposes of fair dealing and oversight. The Election Committee shall be dissolved immediately after the election results are announced.
5. The Election Officer, with the help of the Clan Council, shall also be responsible for the collecting and dispersing of ballots by proxy to all Clansmen Members who cannot vote at the Clan Cruinnigh in person. The ballots for votes cast by proxy must be mailed to Clansmen Members no later than thirty (30) days before the Clan Cruinnigh and elections are to take place. The Election Committee shall collect votes cast by proxy for up to seven (7) days after the Clan Cruinnigh elections are held. All votes postmarked after the deadline are null and void and must not be counted.
6. The Chief shall act as a witness as the Election Officer collects votes in two (2) sealed containers: one (1) for votes cast by proxy, and one (1) for votes cast in person at the Clan Cruinnigh. The announcement of the official election results must take place no later than seven (7) days after the Clan Cruinnigh, immediately after the votes by proxy have been received and counted.
7. The Election Committee shall be responsible to count each vote no less than two (2) times before announcing the election results.
8. The Election Officer, of behalf of the Election Committee is responsible to announce the official election results to the Clan Council and to the Association Membership.
Section two. Voting Eligibility
All Clansmen Members shall vote in Association wide elections, namely: Cathaoirleach, Vice Chair, Secretary, and Treasurer. If the occasion arises, Clansmen Members shall also vote for the office of Clan Chief and shall also have the power to ratify nominations to the office of Tánaiste.
Section three. Location for Voting
Voting for each term shall take place at the Clan Cruinnigh or by proxy as long as the deadline casting a vote by proxy is obeyed. Voting must take place by ballot so that votes shall be counted and documented, both votes by proxy and ballots cast in person at each Clan Cruinnigh.
Article of the Ninth
Section one. Regular Meetings of the Clan Council
The Clan Council shall meet at least three (3) times a year during each calendar year. Reasonable notice of the date, time and place of each such meeting shall be given to each Council Member by mail, telephone, telefax, email or personally a minimum of two (2) weeks prior to the meeting. No notice need be given of any meeting or meetings held in accordance with a schedule of meetings distributed to and approved by the Clan Council.
Section two. Special Meetings of the Clan Council
Special meetings of the Clan Council shall be called by the Chair, and shall be called by the Secretary upon receipt of written request of two (2) elected Council Members stating the purpose of such meeting. Reasonable notice of the date, time and place of each such meeting shall be given to each Council Member by mail, telephone, telefax, email or personally a minimum of two (2) weeks prior to the meeting.
Section four. Virtual Meetings
All meetings shall be “virtual” meetings unless three (3) of the members of the Clan Council vote in favor of requiring an “in person” meeting. A virtual meeting shall be held by conference telephone call, email or instant messaging service, or online at the organization’s website. Any means chosen for the virtual meeting must enable all members of the Clan Council to participate.
Section five. Waiver of Notice
Members of the Clan Council shall waive notice of any meeting by signing a written waiver to be filed with the Secretary either prior to or at any such meeting. The attendance by a member of the Clan Council at any meeting of the Clan Council shall constitute a waiver of notice of that meeting. All waivers shall be made a part of the minutes of that meeting.
Section six. Action In Lieu of Meeting
Any action required or permitted to be taken by the Clan Council shall be taken without a meeting if all of the Council Members consent to said action in writing. Such written consent shall be made a part of the minutes of the proceedings. Such action by written consent shall have the same force and effect as a vote of the Directors at a duly convened meeting.
Section seven. Quorum
A majority of the number of Council Members then serving in office shall constitute a quorum for the transaction of business at any meeting of the Clan Council. “Members at Large” shall not be counted in determining a quorum. A majority of the number of members of the Council shall constitute a quorum for the transaction of business at any meeting of the Clan Council.
Section eight. Voting
The act of a majority, fifty percent (50%) plus one (1) vote, of the elected Council Members present at a meeting at which a quorum is present at the time shall be the act of the Clan Council unless a greater number is required by this Constitution or by law. “Members at Large” shall not have the right to vote on any matter.
A Council Member of the Association who is present at a meeting of the Clan Council at which action on any Association matter is taken shall be presumed to have assented to the action taken unless his or her dissent shall be entered in the minutes of the meeting or unless such Council Member shall file a written dissent to such person acting as the Secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Association immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Council Member who voted in favor of such action.
Section nine. Records of Meetings
There shall be a written agenda for each meeting to be prepared by the Chair and
distributed by the Secretary to all members of the Clan Council prior to each meeting. The Secretary shall keep detailed minutes of each meeting which shall include a list of those attending the meeting as well as all motions and decisions made at the meeting. All minutes shall be dated and signed by the Secretary.
Article of the Tenth
Section one. Fiscal Year
The fiscal year of the Association shall begin on July 1 and end on June 30 of each year.
Section two. Audit
The financial records of the Association shall not be subject to an annual audit by a certified public accountant but shall only be audited at such a time as called for by a vote of the Clan Council at a meeting of the Clan Council at which a quorum is present by a majority vote of the Council Members present, or when called for by a vote of a quorum of the Clansmen Membership at a Clan Cruinnigh.
Section three. Approved Signatures
All checks, drafts and other orders for the payment of money for $200 or less, shall be signed by the Chair or Treasurer. All checks, drafts and other orders for the payment of money for more than $200, shall be signed by the Chair and Treasurer and must be approved by a vote of the Clan Council.
Section four. Contracts and Debts
Contracts shall be entered into or debts incurred only as directed by a Resolution of the Clan Council. When the execution of any contract or other instrument has been authorized by the Clan Council without specification of the executing Officer, the Chair is authorized to execute the same in the name of and on behalf of the Association. Unless authorized by the Clan Council pursuant to this Section four (4), no Officer, agent or member shall have the power or authority to bind the Association by any contract or engagement, or to pledge its credit, or render it liable, for any purpose or to any amount.
Section five. Loans
The Association, including its Council Members, Officers, members or agents, shall not borrow money on behalf of the Association, whether by issuing notes, bonds or otherwise, except with the approval of the Clan Council. The Association shall not loan any money to any Member, Officer or Council Member.
Section six. Banks
The Clan Council shall, from time to time and as necessary, select such banks or depositories as it shall deem proper for the monetary assets of the Association.
Section seven. Contribution, Gifts and Bequests
The Association shall accept any contribution, gift, bequest and devise consistent with its general purposes and this Constitution. Unless otherwise designated by the donor or otherwise prescribed by statute or law, such gifts, bequests or contributions shall be utilized at the discretion of the Clan Council.
The Association shall accept any designated contribution, gift, bequest and devise consistent with its general purposes and this Constitution. As such, donor designated contributions, gifts, bequests and devises shall be accepted for special funds, purposes or uses, and such designations generally shall be honored. However, the Association shall reserve all right, title and interest in and to, as well as control of such contributions, with full discretion as to the ultimate expenditure or distribution thereof in connection with any special fund, purpose or use.
Furthermore, the Association shall retain complete control over all donated funds, including designated contributions, and shall exercise unlimited discretion as to their use so as to insure that such funds shall be used to carry out the Associations purposes (including its tax-exempt purposes if the case shall be) under the guidance of the Clan Council.
Article of the Eleventh
Section one. No elected Officer or elected Council Member of the Association shall at any time receive, or be entitled to receive, any compensation or any pecuniary profit from the operation of the Association, or upon its dissolution. An Officer or Council Member shall be entitled to reimbursement for any out of pocket expenditures made with prior knowledge and approval of the Clan Council. The Council shall from time to time hire or contract certain services to be rendered for the aims, objectives and purposes of this Association, including but not limited to the Clan Herald and Clan Genealogist. The Association reserves the right to creative control over the officially registered heraldic devices, tartans, badges, mottoes, and merchandise.
Article of the Twelfth
Section one. The Clan Council shall designate certain persons, institutions, organizations, societies or corporations as sponsors, benefactors, contributors, advisors or friends of the Association or such other title as the Clan Council shall deem appropriate. Such persons, institutions, organizations, societies or corporations shall serve in an honorary capacity and shall have no membership rights in the Association unless the Clan Council specifically votes to grant such rights.
Article of the Thirteenth
Section one. This Constitution shall be amended only when a referendum sent from the Clan Council to the Clansmen Membership has passed by a two-thirds (2/3) majority of the votes cast at a Clan Cruinnigh election or by proxy referendum by mail. The Chief shall then present the passed referendum to the Clan Council at there next meeting, at which time the Clan Council shall codify the referendum.
Article of the Fourteenth
Section one. The “Robert’s Rules of Order, Revised” shall govern the Clan Council in all cases except where they might conflict with this Constitution, in which case the Constitution shall prevail.
Article of the Fifteenth
Conflicts of Interest
Section one. Council Members shall disclose to the Clan Council any conflicts of interest which arise, and no elected Council Member shall vote on any matter which would involve a conflict of interest. In the event that a Council Member questions whether a conflict exists, the issue shall be decided by a majority vote of the elected Council Member present and voting, provided that the Council Member in question shall not vote.