Introduction
501 (c) (3)
Orthodox Christian Fellowship is a Non-Profit Religious Organization and also a 501 (c) (3) certified organization. In plain terms this means that we are tax-exempt in all states. Also, we are able to except tax-deductible donations. However being such an organization comes with stipulations. Those that directly affect local OCFs include:
v This model constitution and the non-removable parts must be adopted by a local OCF before any financial support and resources are disbursed to a local effort.
v Local OCFs may not influence legislation or participate in any political campaign (read more below).
v Upon dissolution of a local OCF all remaining funds that it holds must be disbursed to a non-profit fund.
Here is language and information provided by the IRS regarding this status:
To be tax-exempt as an organization described in IRC Section 501(c)(3) of the Code, an organization must be organized and operated exclusively for one or more of the purposes set forth in IRC Section501(c)(3) and none of the earnings of the organization may inure to any private shareholder or individual. In addition, it may not attempt to influence legislation as a substantial part of its activities and it may not participate at all in campaign activity for or against political candidates.
Political Affiliations
Local OCFs may not promote or participate in political activities. An announcement as part of a general Fellowship publication, or notice on your web page of upcoming events, probably is fine. Sponsoring a phone-bank, direct mail campaign, or other publishing activities directed at political issues will be a problem. The issue for the IRS is whether funds or other resources of the tax-exempt organization are being used for political purposes. The prohibition against political involvement applies to the assets and resources of the tax-exempt entity (OCF), not to its members acting in their individual capacities. What is prohibited is the use of the assets and resources of the entity to support a particular political candidate or issue.
Here is language and information provided by the IRS regarding this issue:
For purposes of IRC Section 501(c)(3), legislative activities and political activities are two different things, and are subject to two different sets of rules. The latter is an absolute bar. AIRC Section 501(c)(3) organization may not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. Whether an organization is engaging in prohibited political campaign activity depends upon all the facts and circumstances in each case. For example, organizations may sponsor debates or forums to educate voters. But if the forum or debate shows a preference for or against a certain candidate, it becomes a prohibited activity. The motivation of an organization is not relevant in determining whether the political campaign prohibition has been violated. Activities that encourage people to vote for or against a particular candidate, even on the basis of non-partisan criteria, violate the political campaign prohibition of IRC Section 501(c)(3).
Orthodox Christian Fellowship of
The University of Alabama
Constitution
PREAMBLE
We, the undersigned Orthodox Christians and other persons interested in Orthodox Christianity of the Auburn University community, wishing to establish a profound and lasting fellowship among ourselves and others who share these interests, and seeking ways to dedicate ourselves and each other and our whole life to Christ our God, do ordain and establish this Orthodox Christian Fellowship for the community of the University of Alabama.
ARTICLE I -- NAME
The name of the organization shall be "The Orthodox Christian Fellowship of the University of Alabama ".
ARTICLE II -- AIMS AND OBJECTIVES
Section 1.
To support fellowship on campus, to experience and witness the Orthodox Christian Church through community life, prayer, service to others and study of the Faith (Acts 2:42). Furthermore, OCF will work to nurture and strengthen love for Jesus Christ and His Church in its fullness at this most critical juncture of human life through and offer an opportunity for Orthodox Christian students and those interested in the Orthodox Christian Church to become more fully acquainted with and informed about their Orthodox heritage.
Section 2.
To deepen the spiritual and devotional life of university and college students and to promote earnest study of Orthodox Christian doctrine, practice and living.
Section 3.
To strengthen ties between students of the Orthodox Christian Faith, to develop a more fruitful fellowship among them, and to further cooperation with other Christian organizations with similar aims.
Section 4.
To bear witness on campus to the unique message of the Orthodox Church by affirming its continuity in the course of history from the Apostolic beginnings.
Section 5.
To further either directly or indirectly, the welfare of students in body, mind and spirit, all in harmony with the Christian purpose.
Section 6. To unite Orthodox students in Orthodox worship.
Section 7. To sponsor activities such as study groups, Christian service, and lectures by specialists on topics of interest to the group.
Section 8.
To promote and participate in national programs offered by Orthodox Christian Fellowship, a religious corporation, which is a national organization authorized by and affiliated with the Standing Conference of Canonical Orthodox Bishops in the Americas.**
ARTICLE III -- MEMBERSHIP
Section 1.
Membership in the Orthodox Christian Fellowship of the University of Alabama shall be open to all university students.
ARTICLE IV – GOVERNANCE
Section 1.
The Fellowship shall be governed and managed by Officers and an Executive Committee as provided for in the Bylaws.**
Section 2.
The Fellowship shall have at least one religious advisor approved by the national Orthodox Christian Fellowship. The religious advisor(s) to Orthodox Christian students shall be ex officio members of the Executive Committee and of all other committees of the Fellowship. Prior to seeking approval from the national Orthodox Christian Fellowship organization, each religious advisor must have obtained the blessing and endorsement from the Bishop of the Archdiocese with whom he or she is affiliated as to his or her service as a religious advisor to the Fellowship.**
ARTICLE V -- MEETINGS
Section 1. The Fellowship shall meet at least monthly during the school year.
Section 2. A quorum shall consist of at least a majority of the members of the Fellowship.
ARTICLE VI – LIMITATIONS AND RESTRICTIONS
Section 1.
Notwithstanding any other provisions of this Constitution, this Fellowship shall not carry on any activities not permitted to be carried on by an organization exempt from federal income tax under IRC Section 501 (c) (3), or contributions to which are deductible under IRC Section 170 (c) (2). All references herein to “IRC” shall mean the Internal Revenue Code of 1986, as amended, (or the corresponding provision of any future United States Internal Revenue Law).**
Section 2.
This Fellowship is organized and is to be operated exclusively for charitable, religious, and educational purposes within the meaning of IRC Section 501 (c) (3). This Fellowship is not organized, nor shall it be operated, for any pecuniary gain or profit, and it does not contemplate the distribution of gains, profits, or dividends to the members thereof (if any) or to any private individual or private shareholder, as the latter is defined for purposes of IRC Section 501 (c) (3).**
No substantial part of the activities of this Fellowship shall consist of carrying on propaganda, or otherwise shall consist of carrying on propaganda, or otherwise attempting to influence legislation, except as provided in IRC Section 501 (h), nor shall this Fellowship participate or intervene in any political campaign (including the publication or distribution of statements) on behalf of any candidate for public office except as provided in IRC Section 501 (h).**
The money and property of this corporation are irrevocably and exclusively dedicated to charitable, religious, and educational purposes, and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, trustee, officer, shareholder, or member (if any) hereof, or to the benefit of any private individual.**
Upon dissolution or winding up of this Fellowship, its assets remaining after payment of, or provision for payment of, all debts and liabilities of this corporation, shall be distributed to a nonprofit fund, foundation, trust, or corporation which is organized and operated exclusively for charitable, religious, or educational purposes which has established its tax exempt status under IRC Section 501 (c) (3).**
ARTICLE VI -- BY-LAWS
Section 1.
The Fellowship shall adopt By-Laws for the operation of the Fellowship consistent with this Constitution, and ratified by the vote of three-fourths of the members present at the first meeting of the Fellowship.
ARTICLE VII -- AMENDMENTS
Section 1.
Amendments to this Constitution may be proposed by written petition signed by ten percent of the membership, and approved by a three-fourths vote of the members present at a meeting of the membership, provided that the secretary shall have sent notice of the proposed amendment to all members of the Fellowship at least ten days before the meeting scheduled for this purpose. All amendments to this Constitution also shall be subject to the approval of the national Orthodox Christian Fellowship organization.
ARTICLE VIII -- ADOPTION
Section 1.
This Constitution has been ratified and adopted by the undersigned initial members of the Fellowship on ______________________.
[signatures of initial members]
©2002 Orthodox Christian Fellowship
All rights Reserved.
THE BY-LAWS OF THE ORTHODOX CHRISTIAN FELLOWSHIP
OF
The University of Alabama
ARTICLE I -- MEMBERSHIP
Section 1.
Membership in this Fellowship shall be obtained by submitting a member form to the Executive Committee.
Section 2.
Active members shall consist of those members who regularly participate in the activities of the Fellowship.
Section 3.
Only Active Members shall have the right to vote. All other members shall have the privilege of attending meetings and of participating in discussion but not of voting.
Section 4. The Fellowship may require a payment of dues by the members by vote of its active members.
ARTICLE II -- GENERAL MEETINGS
Section 1.
The regular meeting time for general meetings of the membership shall be determined by the Executive Committee with due regard to the convenience of the membership.
Section 2.
No vote shall be taken on any matter of business at any meeting unless notice of the issue to be submitted for a vote shall have been given at least one week prior to the vote.
Section 3.
A quorum shall consist of a majority of the active members.
ARTICLE III -- OFFICERS
Section 1.
The day to day operations of the Fellowship shall be managed by elected officers consisting of a president, a vice president, a secretary, and a treasurer.
Section 2.
The president shall perform all duties usually pertaining to that office and shall be ex officio member of all committees of the Fellowship.
Section 3.
The vice-president shall, in the absence of the president, perform all duties of that office with the approval of the Executive Committee. The vice-president shall serve as the liaison between the individual committees the Executive Committee.
Section 4.
The secretary shall keep minutes of all business transacted at meetings and minutes of the meetings of the Executive Committee, shall keep an up-to-date list of members as determined by the Executive Committee, shall conduct all official correspondence of the Fellowship, and shall maintain a bulletin board for posting all required notices and postings of the Fellowship.
Section 5.
The treasurer shall collect all money due the Fellowship and keep accurate records of all receipts and disbursements and shall make a report of the conditions of the Fellowship's finances at each Executive Committee meeting. He shall disburse funds as approved by the Executive Committee.
ARTICLE IV -- EXECUTIVE COMMITTEE
Section 1.
The Executive Committees responsibility will be to implement policy decisions of the Fellowship. The Executive Committee shall consist of the president, vice president, secretary, and treasurer, and such other committee positions as may be authorized from time to time by vote of the membership.
Section 2.
The duties of the Executive Committee shall be:
a. To transact all ordinary business of the Fellowship.
b. To approve all disbursements of funds by the Treasurer, and to arrange for an annual audit of the accounts of the treasurer at the end of April.
c. To facilitate the program of the Fellowship.
ARTICLE V -- ELECTIONS
Section 1. Annual elections of officers and of additional Executive Committee members shall be held in April on a date set by the Executive Committee and posted at least one month in advance of the election.
Section 2.
A nominating committee shall be appointed by the president from the active graduating members of the Fellowship.
Section 3. The nominations made by the Nominating Committee shall be posted at least one week in advance of the April election. Additional nominations may be submitted for consideration by petition signed by at least ten percent of the active members of the Fellowship who shall have submitted to the secretary of the Fellowship it at least two days before the election. The secretary promptly shall post the names of the additional nominees along with those made by the Nominating Committee.
Section 4. The annual terms for the elected officers and other Executive Committee members positions shall be from May 1 to April 30.
Section 5. Whenever a vacancy in an officer or other Executive Committee position shall occur, the president may fill the vacancy by appointment, with the appointee to serve until the vacancy shall be filled by an election of the membership arranged by the Executive Committee at its next meeting.
Section 6. An officer may be removed from his office by a [three-fourths?] vote of the active members present at any meeting provided that this number comprises at least one-half of the total membership and that the secretary has sent notice of the proposed removal to all members of the Fellowship at least ten days before the meeting is scheduled. Recall proceedings may be initiated by a written petition signed by ten percent of the active membership stating the reasons why such recall is desirable.
ARTICLE VI –NOTICES AND POSTINGS
Section 1.
All official notices and postings required to be given to the members under these Bylaws shall be given through the secretary of the Fellowship. Items required to be posted shall be posted in writing at a notice board maintained by the secretary of the Fellowship and conspicuously displayed in a location at the business office of the Fellowship which is accessible to the members during regular business hours. Items required to be posted also shall be posted on any website or other communications media regularly maintained by the Fellowship.
Section 2.
Any notices provided to be delivered to the Fellowship under these Bylaws shall be effective on delivery in writing to the secretary of the Fellowship by certified mail, by receipted courier or overnight delivery service, or by hand delivery, at the regular office of the Fellowship.
ARTICLE VII – AFFILIATIONS
Section 1.
The Fellowship shall not affiliate with any outside organization whose aim is not in accord with the stated aim of the Fellowship.**
Section 2.
Any affiliation with an outside organization shall be authorized by a three-fourths vote of the active members present at a meeting, and so long as notice of the vote on the proposed affiliation has been posted at least two weeks prior to the meeting.**
Section 3.
Any affiliation with an outside organization shall be subject to the limitations and restrictions applicable to tax-exempt organizations organized under Section 501(c)(3) of the Internal Revenue Code as provided in the Constitution.**
ARTICLE VIII -- AMENDMENTS
Section 1.
These By-Laws of the Fellowship may be amended by a three-fourths vote of the active members present at a meeting, and so long as notice of the vote on the proposed amendment has been posted at least two weeks prior to the meeting.
ARTICLE IX -- ADOPTION
Section 1.
These By-Laws shall become effective upon ratification by three-fourths of the active membership of the Fellowship.
**Non-Removal Parts Per The Non-Profit Religious Organization status.
©2002 Orthodox Christian Fellowship
All rights Reserved.
