Disciplinary
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Section 206. When a Knight Templar has been suspended or expelled for unknightly conduct, he may be restored to membership on petition if the ballot is unanimous. (1973, p. 176-178) Where the word “ballot” is used in Templar law it means a secret ballot; when the language of the statute is by “vote”, a show of hands is the proper procedure. (1937, p. 39 &339 No. 23 Agnew) A former member of a Commandery, suspended prior to the surrender of the Charter by the Commandery, is not entitled to a Demit, but can be reinstated to Good Standing by action of the Grand Commandery, governed by rules which would be applicable if his Commandery were still in existence; in such case, a majority vote of the Grand Commandery would be required. (1952, p 93 & 249, No. 30, Gaylord) Section 206 of the Statutes of the Grand Encampment provides that when a member is suspended or expelled for unknightly conduct, he may be restored to membership on petition if the ballot is unanimous. There is no such thing in Templar law as “automatic” restoration. The fact that the sentence of expulsion was reduced by the Grand Master to a fixed term did not change the requirement that in order to be restored to membership, Section 206 would have to be complied with. (1967, p. 149, No. 2, Brucker) Grand Encampment laws are silent concerning whether a voluntarily unaffiliated (demitted) Knight Templar should be extended the privilege of visitation, although in his Decision No. 3 Grand Master Rice expressed the opinion that such privilege should not be granted indefinitely. A Demitted member may be extended such privilege, though any member may deny it by objecting in accordance with Section 224 (now section 223) of the Statutes of the Grand Encampment. Regarding a Knight Templar who is involuntarily unaffiliated by reason of disciplinary action, either by expulsion or suspension, it is my decision that he not only has no “right” to be admitted but also should not be admitted to any Templar assembly. Having been denied the privileges of membership by his Commandery, it seems obvious that these privileges should not be extended by any other Templar group. Further, it seems equally obvious that no Commandery may restore the privileges of active membership except the Commandery that imposed the discipline. Finally, having no membership, he may not propose any Templar action except his own restoration by regular petition to the Commandery of which he formerly was a member. (1970, p.142 &537, No. 5, Crofts) Case – 3. The law relative to restorations involving multiple Commanderies is governed by Grand Encampment law and Grand Commandery jurisdiction does not apply to the question. Case - 4. If a Sir Knight with multiple memberships terminates his membership in a home Commandery, then the Commandery with the next most senior date of membership becomes his home Commandery. Case - 5. If a Sir Knight has been suspended or expelled for unknightly conduct, he stands suspended or expelled in each and every Commandery. In each Commandery the suspension or expulsion shall be effective when notice is received that suspension or expulsion has occurred elsewhere. If the member regains good standing status in the Commandery imposing the discipline, either by readmission or issuance of a demit then the status in all other Commanderies is that of a former member in good standing and he is now eligible for restoration or affiliation in any other Commandery. Should he then apply for restoration or affiliation in a Commandery and be rejected the rejection is equivalent to a rejection for affiliation not affecting his primary membership. (2018, No. 1, Vaught) NON-PAYMENT OF DUES Section 207. The Eminent Commander shall supervise and determine whether it is advisable to remit the dues of a delinquent member because of illness, infirmity or financial inability, and shall recommend to his Commandery the remission of dues whenever he deems the same justified. If the Eminent Commander does not see fit to recommend the remission of dues of a delinquent member, he shall appoint a Committee of at least two members to make a personal call, if possible, upon such delinquent member with reference thereto. The report of such Committee shall be reviewed by the Eminent Commander, and shall be reported to the Commandery. The process of suspension shall be undertaken only after the foregoing preliminary requirements have been met. Thereupon, the Eminent Commander shall see to it that the Recorder send either a certified or registered letter to the delinquent member at his last known address, giving official notice of intention to suspend such member, including the date and hour when the suspension proceedings will be brought before the Commandery for action. At the time when such suspension proceedings are brought before the Commandery, the Eminent Commander shall first inform the Commandery of all pertinent facts and circumstances regarding such delinquent member and shall exhibit the return receipt of the certified or registered letter to the delinquent member, or the unclaimed certified or registered letter, before any action shall be taken by the Commandery. (1967, p. 83) A Commandery may not inflict a penalty upon a member for non-payment of dues without a proper hearing. It also may not exempt members over a certain age from the payment of dues. (1910, p 108 &248, No. 17, Rugg) In a case where proper notice was given to the delinquent members and the meeting in question was not held due to a lack of quorum, the question of suspension can be taken up at the next meeting without new notices since the members accused of non-payment had not appeared at the originally scheduled meeting. (1928, P. 55 & 309, No. 6, Vallery) When a member holding dual membership loses the same in one Commandery, he losses it in both, and the Grand Recorder of one Jurisdiction where the sentence was imposed should notify the Grand Recorder of the other Jurisdiction of the results of the trial. Provided he may demit from one Commandery without affecting his membership in the other Commandery. (1967, p. 154, No. 14 part 4, Brucker) Case - 1. If a Sir Knight has been suspended from multiple Commanderies solely by reason of involuntary termination of membership in a required prerequisite body and has been restored to membership in the required prerequisite body and his “original” or “home” Commandery, his status as a Knight Templar is resumed. His status in all Commanderies other than his home Commandery is equivalent to that of a withdrawn or former member of that Commandery inasmuch as failure to apply for restoration in each additional Commandery was voluntary. Should he apply for restoration in such additional Commandery and be rejected the rejection is be equivalent to a rejection for affiliation not affecting his primary membership. Koon Decision 2 is modified. Further: if the Sir Knight had held Life Membership status is any such Commandery he shall be restored to that status without the a vote of the membership. Case -2. If a Sir Knight has been suspended in any Commandery solely by reason of non- payment of dues, he stands suspended in each and every Commandery in which he held membership. In each Commandery, the suspension is effective when notice is received that suspension has occurred elsewhere. It should be noted that the Commandery that imposed the penalty of suspension for non-payment of dues may restore the member upon “payment of such part of his dues in arrears as the Commandery may require.” A Commandery in such a situation is strongly encouraged to waive collection for the good of the order and out of Knightly courtesy to the member. A demit might then be issued by that Commandery to terminate the membership in that Commandery on terms of good standing. Membership in the Commandery having issued the suspension now being terminated by demit, the member is now eligible for restoration or affiliation in any other Commandery. Should he apply for restoration in such additional Commandery and be rejected the rejection is equivalent to a rejection for affiliation. Case – 3. The law relative to restorations involving multiple Commanderies is governed by Grand Encampment law and Grand Commandery jurisdiction does not apply to the question. Case - 4. If a Sir Knight with multiple memberships terminates his membership in a home Commandery, then the Commandery with the next most senior date of membership becomes his home Commandery. Case - 5. If a Sir Knight has been suspended or expelled for unknightly conduct, he stands suspended or expelled in each and every Commandery. In each Commandery the suspension or expulsion shall be effective when notice is received that suspension or expulsion has occurred elsewhere. If the member regains good standing status in the Commandery imposing the discipline, either by readmission or issuance of a demit then the status in all other Commanderies is that of a former member in good standing and he is now eligible for restoration or affiliation in any other Commandery. Should he then apply for restoration or affiliation in a Commandery and be rejected the rejection is equivalent to a rejection for affiliation not affecting his primary membership. (2018, No. 1, Vaught) Section 208. When a member of a Commandery is summoned to show cause why he should not be suspended for non-payment of dues and fails to appear, the Commander cannot declare him suspended until the Commandery has so voted. A Commandery may not inflict a penalty upon a member for non-payment of dues with a proper hearing. It also may not exempt members over a certain age from the payment of dues. (1910, p 108 &248, No. 17, Rugg) Where the word “ballot” is used in Templar law it means a secret ballot; when the language of the statute is by “vote”, a show of hands is the proper procedure. (1937, p. 39 &339 No. 23 Agnew) DISCIPLINARY RULES Section 209. In the conduct of all trials and all proceedings incident thereto, the Disciplinary rules adopted by the Grand Encampment shall be observed. The Grand Master overruled a Grand Commandery trial sentence of expulsion and reduced the sentence to definite suspension. The trial was conducted improperly. Continuance was denied, trial was in absentia, no counsel was appointed for accused, member was refused right to speak in favor of accused, inadmissible and inflammatory hearsay evidence was submitted and vote was taken collectively rather than on each charge. Nonetheless the Grand Master believed there was sufficient evidence to justify a lesser sentence. (1961, p. 44, No. 11, Wieber) CHAPTER XIII CORRESPONDENCE BETWEEN COMMANDERIES Section 210. Correspondence between Commanderies of different Grand Commanderies must be conducted through their respective Grand Commanders, except in cases of petitions for waiver of Jurisdiction. (1949, p 388) A waiver of jurisdiction, if required, should be requested before acting upon a petition. (1919, p 53 & 297, No. 19, Smith) A former resident of Louisiana, now a five-year resident of Panama City, Panama, it being templar unoccupied territory, cannot petition a Commandery in New Orleans for the Orders. The territorial jurisdiction of a Commandery in Louisiana cannot be extended into a foreign country. (1946, p 67 & 242, No. 5, Orr) Where a waiver of jurisdiction over a petitioner is requested by a Constituent Commandery in one State from a Constituent Commandery in another State, correspondence should be conducted directly between the two Constituent Commanderies regardless of the intervening boundary. However, where a waiver of jurisdiction over specifically designated territory is requested, it must be granted by the Grand Commandery whose jurisdiction is to be waived. ( 1952, p. 75 & 229, No. 11, Gaylord) A nearby resident of the Province of Quebec, upon permission from the Sovereign Great Priory of Canada, together with a waiver from the Canadian Preceptory within whose jurisdiction he resides, may be elected to receive the Orders of Knighthood in a New York Commandery. (1952, p 79 & 233, No. 16, Gaylord) A Commandery under one Grand Commandery may request a waiver of jurisdiction from a Commandery under another Grand Commandery. Communication between Commanderies in different jurisdictions must be through their respective Grand Recorders. (2015, No. 10, Goodwin) Section 211. Correspondence between a Subordinate Commandery and a Constituent Commandery must be conducted through the Grand Master and the respective Grand Commander. When a Royal Arch Companion who has been elected to receive the orders is relocated to the jurisdiction of a Subordinate Commandery, the Commandery having original territorial jurisdiction may request a Commandery in the Companions new location to confer the orders. The communication should be through the Grand Recorders, or in the case of a Subordinate Commandery, the Grand Master. (1940, p 65 & 285, No. 15, Norris) Section 212. Complaints and correspondence must be addressed in the first instance to the Commander, through him to the Grand Commander, and if proper, through him to the Grand Master. A Member of the Grand Encampment may communicate directly with the Grand Master, and a Past Grand Commander and all Officers of a Grand Commandery may communicate directly with the Grand Commander. Ifthe proper Officer refuses or neglects to forward communications as herein provided, the complainant may transmit the same directly to the superior Officer. A request for decision must be made through a Commander to a Grand Commandery, or through a Grand Commander to the Grand Master. (1919, p 291 No. 4 Smith) Inquiry regarding construction of legislation by a Grand Commandery or by Grand Encampment should initially be referred to the respective Grand Commander for reply, and resort should be had to the Grand Master only when decision by the Grand Commander or Grand Commandery is considered unsatisfactory. Attention is directed to Grand Encampment legislation covering correspondence (see Sections 210 through 213 of the Statutes). It will save time for all parties concerned, if inquires which properly call for reply by the Grand Commander are forwarded to him, and not to the Grand Master, and similarly, if requests for rulings on the part of the Grand Encampment are forwarded directly to the Grand Master, and not to the Grand Recorder of the Grand Encampment. ( 1952, p 63 &155, No. 3 Gaylord) Section 213. A member of a Subordinate Commandery, in applying to the Grand Master for a decision, must do so through his Commander. A request for decision must be made through a Commander to a Grand Commandery, or through a Grand Commander to the Grand Master. (1919, p 291 No. 4 Smith) Inquiry regarding construction of legislation by a Grand Commandery or by Grand Encampment should initially be referred to the respective Grand Commander for reply, and resort should be had to the Grand Master only when decision by the Grand Commander or Grand Commandery is considered unsatisfactory. Attention is directed to Grand Encampment legislation covering correspondence (see Sections 210 through 213 of the Statutes). It will save time for all parties concerned, if inquires which properly call for reply by the Grand Commander are forwarded to him, and not to the Grand Master, and similarly, if requests for rulings on the part of the Grand Encampment are forwarded directly to the Grand Master, and not to the Grand Recorder of the Grand Encampment. ( 1952, p 63 &155, No. 3 Gaylord) CHAPTER XIV COMMANDERIES - MISCELLANEOUS PROVISIONS APPEARANCE IN PUBLIC Section 214. Commanderies or groups from Commanderies shall not appear in public without a Dispensation except upon funeral occasions or to attend religious services, or to attend upon invitation the meetings or sponsored activities of other Masonic or Masonic- related bodies. A public appearance shall be an occasion where the function is not controlled by Templar authority and the Sir Knights present purport to represent the Commandery or Templary. An appearance, in or out of uniform by one or more individual Sir Knights is not a public appearance unless it is sanctioned or appears to be sanctioned by Templar Authority. (1970, p. 329-330)(2012) The Grand Encampment has no prohibition on a Commandery giving a public entertainment to raise money. The Grand Commander has no authority to interfere with the same unless the event is in violation of some regulation or principle of propriety. The Grand Commander also cannot ban raising money. The Grand Commandery can pass laws to regulate the affairs of their Commanderies. It is not a public appearance unless the members appear in uniform. (1925, p. 93 & 412, No. 35, Newby) Where a Grand Commandery has changed its uniforms and not all Sir Knights have changed to conform, they may still appear in public as a group wearing the Maltese cross and may, at funeral, wear the old regalia. (1943, p 27 & 368, No. 3, Pollard) Section 215. Such dispensations being entirely within the discretion of the Grand Master or Grand Commander may be for specific events, occasions or for selected types of events or occasions. (2012) Sir Knights drilling in Malta costume could do so as a Malta Corps team but not as a Knights Templar Drill Team. (1958, p. 251 & 293, No. 31, DeLamater) It falls fully within the discretion of the Grand Commander to decide whether a public, joint installation is to be permitted on a Sunday. The Installation is a ceremony and not Templar work and therefore section 216 does not apply. (1967, p. 153, No. 12, Brucker) It was noted by the committee that this in conflict with Gordon decision No. 11-B in 1955. Section 216. No Commandery or Grand Commandery shall hold a Conclave or perform any Templar work on Sunday, except for the purpose of conducting funerals, attending religious services, or conducting practice or tactical or other drills for instruction. ( 1952, p 548)(1970, p. 331-332) The conferring of the Order of the Temple should not be undertaken on Sunday. (1919, p. 299, No. 22, Smith) A Commandery must be opened in form to perform the Templar Funeral ceremony. (1925, p. 59 & 394, No. 8, Newby) An installation should not be held on a Sunday. (1940, p 69 & 290, No. 32, Norris) An installation of officers is a phase of "Templar work" and is therefore not permitted on Sunday despite being held in connection with a religious service. (1955, p. 86 & 236, No. 11-B, Gordon) It is improper and illegal to confer the Order of the Temple on a Sunday. (1955, p. 91 & 239, No. 17-A, Gordon) It falls fully within the discretion of the Grand Commander to decide whether a public, joint installation is to be permitted on a Sunday. The Installation is a ceremony and not Templar work and therefore section 216 does not apply. (1967, p. 153, No. 12, Brucker) It was noted by the committee that this in conflict with Gordon decision No. 11-B in 1955. ASYLUM Section 217. A Subordinate Commandery with the approval of the Grand Master, and a Constituent Commandery with the approval of the Grand Commander, may remove its Asylum from one building to another in the same municipality by a vote of a majority of its members present at a Stated Conclave after due notice of the proposed change. A relocation outside the limits of the municipality in which the Commandery was located may be granted on the same conditions if it is in the same general area and is not being relocated outside its existing jurisdiction. If such a relocation is outside the previous jurisdiction of the Commandery the approval by the Grand Commander or Grand Master requires the recommendation and consent of the nearest Commandery having jurisdiction at the proposed location. The Grand Master, in the case of a Subordinate Commandery, or a Grand Commander, in the case of a Constituent Commandery, may grant temporary dispensation to a Commandery to relocate to a place within the Commandery's jurisdiction without the need for a vote of the Commandery's members if the relocation is necessary because the Asylum of the Commandery has been destroyed or damaged to such an extent as to render it unfit for occupancy. In the case of such conditions requiring a relocation the Grand Master or Grand Commander can alternatively grant a dispensation to relocate outside the jurisdiction of the Commandery subject to the same limitations that would apply to the granting of a dispensation for a new Commandery. The Grand Master in the case of a Subordinate Commandery and the Grand Commander in the case of a Constituent Commandery may grant dispensation to a Commandery to hold a special conclave at any place within the jurisdiction of the officer granting the dispensation. The Grand Encampment or Grand Commandery, as the case may be, always has the authority to approve a change in location of a Commandery created by it. (2012) Where the word “ballot” is used in Templar law it means a secret ballot; when the language of the statute is by “vote”, a show of hands is the proper procedure. (1937, p. 39 &339 No. 23 Agnew) The Constitution of the Grand Encampment, Section 48(f)1, authorizes a Grand Commander to grant Dispensation to Constituent Commanderies: “To hold Special Conclaves for conferring of the Orders at places within their Jurisdiction other than those named in their Charters,” and that this authority conferred upon the Grand Commander by the Grand Encampment cannot be taken from him by action of this Grand Commandery. (1949, p 78 &215 No. 6 Rice) CHARTER Download 8.57 Kb. Do'stlaringiz bilan baham: |
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