Bylaws & Constitution

Part 1: The Foundation of the Organization

The Preamble

• Upon the realization of our common desire to work together as people sharing common heritage, ideals, goals, kinship, and/or national origin.
• Upon the need that we as a people have learned and continue to learn from past challenging experiences facing us, and the need for proactive engagement in facing those challenges.
• Upon the acknowledgment and realization that emergencies, including death, will always occur among members of our community, and we as a people are better and stronger together than in isolation.

DO HEREBY FORM: THE MATIGARI ADVENTIST WELFARE ORGANIZATION (MAWO)

Article 1: Name

The name of the group shall be called the MATIGARI ADVENTIST WELFARE ORGANIZATION (MAWO).

Article 2: Objectives

1. To meet and discuss matters affecting the MATIGARI ADVENTIST MOVEMENT IN AMERICA (MAMA), community membership, and specifically to build capacity for a benevolent fund for members and their families who are faced with bereavement.
2. To help rally the members at times of bereavement affecting members of the organization by consolidating moral and financial support, to face those often-challenging times.

Article 3: Membership

1. Anybody who meets and accepts the welfare MAWO regulations is invited to apply for membership.
2. Membership shall be based on the above (A3: 1) and only those interested in helping the group achieve its aim and willing to abide by the rules of the organization.
3. Membership and support to membership will be strictly defined and limited to the immediate legal relatives who shall explicitly include spouse, parents (biological), child (Biological or legally adopted), siblings (same mother) and self.
4. The leadership of MATIGARI ADVENTIST WELFARE ORGANIZATION or its management committee, by majority vote, may refuse membership to an applicant, where it is considered, such membership would be detrimental to the aims, purposes, or activities of the organization.
5. A bona fide member shall be defined as a participant in good standing whose payments or contributions are up to date (a member who takes his/her obligation seriously and contributes at each emergency as it occurs), and is otherwise in good moral standing in the community he lives in.

Section 3.0 Registration

1. Members shall be required to officially register with a non-refundable amount of $220.
2. All members shall be required to provide their complete legal names and other biographic information of their qualified immediate relatives and turn in duly signed forms.
3. Prospective new members after the initial sign in window, may apply for membership to the organization, but shall be subject to a probationary period of three months after the designated enrolment period. During the probationary period, the potential new members shall participate in contributions towards any bona fide claim but shall not be eligible to file a claim on their own behalf or on any family member as indicated in the application form.
4. New members upon enrolment after July 1st 2021 shall wait 90 days from the date of enrolment, to be able to draw benefits, following bereavement, from the association. During the 90-day waiting period, new members/participants shall be expected to make contributions if there is a death in the association. Such contributions shall not be refundable if the new member dies before their 90-day waiting period is over, resigns from the association, or has their membership terminated for due cause by the association management. The duration of these waiting periods may periodically be revised by the association management (board of trustees and executive committee) to ensure that it continues to serve and safeguard the needs and interests of the association.

Section 3.1 Termination of Membership

1. Any member may resign or relinquish his/her membership, by giving to the secretary of the association written notice to that effect. Such relinquishment shall become effective immediately upon receipt of the notice.
2. The Interim Management Committee or duly elected Board, by resolution passed at a duly convened meeting thereof, may terminate or suspend the membership of any member, if in its opinion his/her conduct is prejudicial to the interests and objectives of the Organization.
3. Any member facing suspension or expulsion shall have the right to be heard by the Interim Management Committee or elected Board before a final decision is made.
4. Any member facing suspension or expulsion shall have a right to appeal any adverse decision to an independent arbitrator appointed by mutual agreement between that member and the Interim Management Committee or elected Board. If there is no agreement, the arbitrator shall be appointed in line with the legal local rules in America on appointment of an arbitrator where there is no mutual agreement.
5. A member who brings false claims for benefit, upon investigation and confirmation by the Board or leadership team, shall be subject to immediate termination, and shall be required to refund back the fraudulently acquired money within fourteen (14) days from date of such demand, if any amounts had been disbursed to or on behalf of that member. Failure to comply shall amount to breach of contract, and MATIGARI ADVENTIST WELFARE ORGANIZATION may bring civil proceedings against the member, at that member’s cost.
6. A member who is expelled, withdraws their membership, or otherwise loses their membership from the organization foregoes/forfeits all claims to contributions or payments made to the organization, as of the date of withdrawal.
7. Any member who voluntarily leaves or is expelled from the group and seeks re-admission later will be treated as a new member and shall follow the same guidelines which apply to a new member, and which shall exist at that time.

Article 4: Management

MATIGARI ADVENTIST WELFARE ORGANIZATION shall be administered by an interim of NINE (9) Management Committee members, which within one year of formation, shall transition the leadership to an elected management Board of not less than three (3) members and not more than eleven (11) members elected at the organization’s Annual General Meeting. The Interim Committee or Board may appoint an ex-officio member to the Committee or Board, but such appointee shall not have any voting power. A Committee or Board member must be a bona fide member.

The Board shall be comprised as follows:

• The Management Committee or Board shall include: The chairperson (Mandatory), The vice chair (Optional), The treasurer (Mandatory), The secretary (Mandatory), Organizing secretary (Optional), Three (3) coordinators (Optional), The patron (Optional)
• The initial Board shall be voted for an initial term of three years by members in the AGM.
• Subsequent elections shall be conducted annually in a staggered manner, with one member among the mandatory office bearers, in sequence of treasurer, secretary, and chairperson, being due for re-election thereafter. This clause shall not apply if any of those officers no longer hold their position. There are no limits to the number of times a member can seek to be elected to the Board.
• The Board shall meet regularly as may be necessary, but at least once every four months.
• Election shall be by secret ballot on a simple majority. If tied, the chairperson (or secretary or treasurer in that order) shall have a second vote.
• Every member shall have one vote at the AGM and only bona fide members shall be eligible to vote.
• The Board may appoint ad-hoc committees, sub-groups and working groups as deemed necessary.

Article 5: Finance

1. Any money obtained shall be used only towards the benevolent fund, or towards management of the benevolent fund.
2. Any bank accounts shall be in the name of the organization only.
3. The three mandatory officers (Chairperson, Secretary & Treasurer) shall be signatories. The Board may vote another member as signatory in absence of any mandatory member.

Section 5.0 Contributions

1. A member’s account shall only fall under the expected, current threshold of seven (7) days for replenishment.
2. All members shall pay back equally to top up the account once money has been given out.
3. Any member failing to top up once funds are paid out or is otherwise not up to date shall be subject to disciplinary action and revert to probationary status.
4. Members shall be given seven (7) days grace to comply, failure results in three (3) month probationary period. Probationary conditions as in Section 3.3 shall apply.

Section 5.1: Member Benefits

1. Death of a member or covered relative as defined shall be the only considered loss. Benefits cease once the member dies.
2. Amount distributed shall be determined by a set formula as determined by the Board.
3. To remain bona fide, one MUST be current financially without outstanding balances.
4. Benefits will be paid on a per loss basis, not necessarily to each contributing member when there is more than one member of a family. In case of a shared relative, members shall advise the Board on structuring pay-outs. Should they fail, the Board shall at its discretion forward the pay-out.

Section 5.2: Funds and Claims

1. To file a claim, the beneficiary shall request assistance through the leaders (chairman, secretary, treasurer or any Board Member) by submitting a burial permit or death certificate.
2. Once confirmed and approved, all members MUST be informed by the chairperson or secretary and an e-mail sent within 48 hours including the payment schedule.
3. The amount payable will be a uniform figure of USD 6,000.
4. Within 48 hours, each member MUST be told to make follow up contacts regarding the approved case, payment timetable, and collection.
5. Members shall have seven (7) calendar days to submit dues to replenish the account.
6. If a case is reported and approved while the earlier case is within its 7-day window, the Board must inform members, but payments for the latter case may be delayed until the 8th day.
7. By the 14th day, members not paid-up will automatically WITHOUT NOTICE enter no full privilege status. A member delinquent for more than 90 days ceases to be a member and must seek readmission as a new member.
8. Both the treasurer and the beneficiary confirming receipt will sign a payment form given to the secretary for records.
9. The Board may change pay-out procedure or amounts from time to time without constitutional amendment.

Article 6: Meetings

Section 6.0: Board Meetings

1. The Board shall meet at least four (4) times each year.
2. Quorum shall be one-third of members (minimum two if Board is three).
3. The Board shall be always accountable to the members.
4. All Board members shall be given at least seven (7) days’ notice unless emergency.
5. Attendance is mandatory; missing three consecutive meetings is liable for penalty.

Section 6.1: Annual General Meeting (AGM)

1. The Organization shall have an AGM each calendar year, date determined by the Board.
2. Purpose: to account for actions and consider regeneration and development according to objectives.
3. Chairperson shall chair; in absence vice-chairperson or Board-elected member.
4. At least fourteen (14) days’ notice must be given.
5. All Board meetings, including AGMs, must be documented and available to interested parties.
6. Quorum shall be a minimum of one ordinary member in addition to a properly constituted Board.

Section 6.2: Business of the AGM

a) The business of the AGM shall include:

• Receiving a report from the chairperson
• Receiving the Treasurer’s report on last year’s accounts
• Electing new Board members per schedule
• Any other appropriate matter

b) Voting at the AGM shall be a simple majority by secret ballot.

Article 7: Amendments to the Constitution

1. Proposals for amendments or dissolution (see section 7.0) must be delivered to the secretary in writing. The secretary with all Board members shall decide on a forum meeting date.
2. Any amendments must be agreed by at least two thirds of members present and voting at the AGM or special AGM, per Section 6.2(b).

Section 7.0: Dissolution

The MATIGARI ADVENTIST WELFARE ORGANIZATION may be wound up at any time if agreed by two-thirds of those members present and voting at the AGM or special AGM, or as required by local, State, or federal law. Any assets shall be returned to their providers, if they require it, or shall be passed to another group with similar objectives or to the State if none is available.