BYLAWS OF CHURCH OF THE MYSTIC MOON

 

ARTICLE 1 - OFFICES

SECTION 1. PRINCIPAL OFFICE

     The principal office of Church of the Mystic Moon is located at ..................., Kansas City, Kansas, in Wyandotte County, State of Kansas.

SECTION 2. OTHER OFFICES

     Church of the Mystic Moon may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the Council may, from time to time, designate.

 

ARTICLE 2 - NONPROFIT PURPOSES

SECTION 1. IRC SECTION 501(c)(3) PURPOSES

     Church of the Mystic Moon is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code.

SECTION 2. SPECIFIC OBJECTIVES AND PURPOSES

     The specific purposes for which Church of the Mystic Moon is organized are as follows:

1.      To establish a religious organization to promote the spiritual teachings of the Earth-based Religion known as Wicca.

2.      To provide a safe and supportive environment for free religious expression.

3.      To facilitate the practice of the Wiccan religion in the form and manner considered most suitable by the Church of the Mystic Moon.

4.      To identify, develop, and train caring and competent clergy and ritual leaders to serve the Wiccan community.

5.      To encourage worship in conjunction with the phases of the moon and at the seasonal Sabbats, balance between masculine and feminine energies in the form of the God and the Goddess, and the practice of laying on of hands for the purposes of healing.

ARTICLE 3 – COUNCIL MEMBERS

SECTION 1. NUMBER

     Church of the Mystic Moon shall initially have three Council members and collectively they shall be known as the Council.

SECTION 2. QUALIFICATIONS

     Clergy that has been elevated to Second Degree within Church of the Mystic Moon’s Degree System shall be eligible to become members of the Council.

SECTION 3. POWERS

     Subject to the provisions of the laws of this state and any limitations in the Articles of Incorporation and these Bylaws, the activities and affairs of Church of the Mystic Moon shall be conducted and all corporate powers shall be exercised by the Council.

SECTION 4. DUTIES

     It shall be the duty of the Council to:

a.      Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation, or by these Bylaws;

b.      Appoint and remove, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, and agents of Church of the Mystic Moon;

c.      Supervise all officers and agents of Church of the Mystic Moon to assure that their duties are performed properly;

d.      Meet at such times and places as required by these Bylaws;

e.      Register their addresses with the Secretary of Church of the Mystic Moon, and notices of meetings mailed or sent via electronic data transmission to them at such addresses and shall be considered valid notices thereof.

SECTION 5. TERM OF OFFICE

     Each Council member shall hold office for a period of one year and the Council seats shall be voted on at the annual meeting in February.

SECTION 6. COMPENSATION

     Council members shall serve without compensation except they may be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties.

SECTION 7. PLACE OF MEETINGS

     Meetings shall be held at the principal office of Church of the Mystic Moon unless otherwise provided by the Council or at such other place as may be designated from time to time by resolution of the Council.

SECTION 8. REGULAR MEETINGS

     Regular meetings of the Council shall be held on the first Friday of February at 7 PM and the first Friday of August at 7 PM.

 SECTION 9. SPECIAL MEETINGS

     Special meetings of the Council may be called by the Council, the Elder High Priestess or Priest, by any two clergy members, or, if different, by the persons specifically authorized under the laws of this state to call special meetings of the Council. Such meetings shall be held at the principal office of Church of the Mystic Moon or, if different, at the place designated by the person or persons calling the special meeting.

SECTION 10. NOTICE OF MEETINGS

     Unless otherwise provided by the Articles of Incorporation, these Bylaws, or provisions of law, the following provisions shall govern the giving of notice for meetings of the Council:

a.      Regular Meetings. No notice need be given of any regular meeting of the Council.

b.      Special Meetings. At least one week prior to proposed date of any special meeting, the Secretary of Church of the Mystic Moon shall give notice to each Council member of said meeting of the Council. Such notice may be oral or written, may be given personally, by first class mail, by telephone, email or other electronic data transmission, and shall state the place, date and time of the meeting and the matters proposed to be acted upon at the meeting. In the case of electronic notification, the Council member to be contacted shall acknowledge personal receipt of the electronic notice by a return message or telephone call within twenty-four hours of receipt.

c.      Waiver of Notice. Whenever any notice of a meeting is required to be given to any Council member of Church of the Mystic Moon under provisions of the Articles of Incorporation, these Bylaws, or the law of this state, a waiver of notice in writing signed by the Council member, whether before or after the time of the meeting, shall be equivalent to the giving of such notice.

SECTION 11. QUORUM FOR MEETINGS

     A quorum shall consist of a majority of the members of the Council. Except as otherwise provided under the Articles of Incorporation, these Bylaws, or provisions of law, no business shall be considered by the Council at any meeting at which the required quorum is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn.

SECTION 12. MAJORITY ACTION AS COUNCIL ACTION

      Every act or decision done or made by a majority of the Council members present at a meeting duly held at which a quorum is present is the act of the Council, unless the Articles of Incorporation, these Bylaws, or provisions of law require a greater percentage or different voting rules for approval of a matter by the Council.

SECTION 13. CONDUCT OF MEETINGS

     Meetings of the Council shall be presided over by the Elder High Priestess or Elder High Priest of Church of the Mystic Moon or, in his or her absence, the Chairperson of the Council, or, in the absence of each of these persons, by a Chairperson chosen by a majority of the Council members present at the meeting. The Secretary of Church of the Mystic Moon shall act as secretary of all meetings of the Council, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting.

     Meetings shall be governed by such procedures as may be approved from time to time by the Council, insofar as such rules are not inconsistent with or in conflict with the Articles of Incorporation, these Bylaws, or with provisions of law.

SECTION 14. VACANCIES

     Vacancies on the Council shall exist:

(1)   Upon the death, resignation or removal of any Council member, or

(2)   Whenever the number of authorized Council members is increased.

     Any Council member may resign effective upon giving written notice to the Elder High Priestess or Elder High Priest, the Secretary, or the Chairperson of the Council, unless the notice specifies a later time for the effectiveness of such resignation. No Council member may resign if Church of the Mystic Moon would then be left without a duly elected Council member(s) in charge of its affairs, except upon notice to the Office of the Attorney General or other appropriate agency of this state.

     Council members may be removed from office, with or without cause, as permitted by and in accordance with the laws of this state.

     Unless otherwise prohibited by the Articles of Incorporation, these Bylaws or provisions of law, vacancies on the Council may be filled by approval of the Council. If the number of Council members then in office is less than a quorum, a vacancy on the Council may be filled by approval of a majority of the Council members then in office or by a sole remaining Council member. A person elected to fill a vacancy on the Council shall hold office until his or her death, resignation or removal from office.

SECTION 15. NON-LIABILITY OF COUNCIL MEMBERS

     The Council members shall not be personally liable for the debts, liabilities, or other obligations of Church of the Mystic Moon.

SECTION 16. INDEMNIFICATION BY CORPORATION OF COUNCIL MEMBERS AND OFFICERS

      The Council members and officers of Church of the Mystic Moon shall be indemnified by Church of the Mystic Moon to the fullest extent permissible under the laws of this state.

SECTION 17. INSURANCE FOR CORPORATE AGENTS

     Except as may be otherwise provided under provisions of law, the Council may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of Church of the Mystic Moon (including a Council member, officer, or other agent of the Church) against liabilities asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not Church of the Mystic Moon would have the power to indemnify the agent against such liability under the Articles of Incorporation, these Bylaws or provisions of law.

 

ARTICLE 4 - OFFICERS

SECTION 1. DESIGNATION OF OFFICERS

     The officers of Church of the Mystic Moon shall be an Elder High Priestess, an Elder High Priest, a Secretary, and a Treasurer. Church of the Mystic Moon may also have a Chairperson of the Council, one or more Assistant Priests or Priestesses, Assistant Secretaries, Assistant Treasurers, and other such officers with such titles as may be determined from time to time by the Council.

SECTION 2. QUALIFICATIONS

     Any person, who has been a member of Church of the Mystic Moon for at least a year and a day and has reached an elevation of at least First Degree within the Mystic Moon Degree System, may serve as officer of Church of the Mystic Moon.

SECTION 3. ELECTION AND TERM OF OFFICE

     Officers shall be elected by the Council, at any time, and each officer shall hold office for the period of one year or until his or her successor shall be elected and qualified or until he or she resigns or is removed or is otherwise disqualified to serve, whichever occurs first.

SECTION 4. REMOVAL AND RESIGNATION

     The Council may remove any officer at any time with just cause. Any officer may resign at any time by giving written notice to the Council or to the Elder High Priestess, Elder High Priest or Secretary of Church of the Mystic Moon. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract, which has been approved or ratified by the Council relating to the employment of any officer of Church of the Mystic Moon.

SECTION 5. VACANCIES

     Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Council. In the event of a vacancy in any office other than that of Elder High Priestess or Elder High Priest, such vacancy may be filled temporarily by appointment by the Elder High Priestess or Elder High Priest until such time as the Council shall fill the vacancy.

SECTION 6. DUTIES OF ELDER HIGH PRIESTESS OR PRIEST

     The Elder High Priestess or Elder High Priest shall be the chief executive officer of Church of the Mystic Moon and shall, with the advice of the Council, supervise and control the affairs of Church of the Mystic Moon and the activities of the officers. He or she shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation, or by these Bylaws, or which may be prescribed from time to time by the Council.   

      Unless another person is specifically appointed as Chairperson of the Council, the Elder High Priestess or Elder High Priest shall preside at all meetings of the Council and at all meetings of the members. Except as otherwise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of Church of the Mystic Moon, execute such deeds, mortgages, bonds, contracts, checks, or other instruments which may from time to time be authorized by the Council.

SECTION 7. DUTIES OF SECRETARY

The Secretary shall:

I.          Certify and keep at the principal office of Church of the Mystic Moon the original, or a copy, of these Bylaws as amended or otherwise altered to date.

II.        Keep at the principal office of Church of the Mystic Moon or at such other place as the Council may determine, a book of minutes of all meetings of the Council members, and, if applicable, meetings of committees of Council members and of members, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof.

III.       See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law.

IV.    Be custodian of the records and of the seal of Church of the Mystic Moon and affix the seal, as authorized by law or the provisions of these Bylaws, to duly executed documents of Church of the Mystic Moon.

V.      Keep at the principal office of Church of the Mystic Moon a membership book containing the name and address of each and any members, and, in the case where any membership has been terminated, he or she shall record such fact in the membership book together with the date on which such membership ceased.

VI.     Exhibit at all reasonable times to any Council member of Church of the Mystic Moon, or to his or her agent or attorney, on request therefor, the Bylaws, the membership book, and the minutes of the proceedings of the Council members of Church of the Mystic Moon.

VII.    In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Council.

SECTION 8. DUTIES OF TREASURER

The Treasurer shall:

I.             Have charge and custody of, and be responsible for, all funds and securities of Church of the Mystic Moon, and deposit all such funds in the name of Church of the Mystic Moon in such banks, trust companies, or other depositories as shall be selected by the Council.

II.           Receive, and give receipt for, monies due and payable to Church of the Mystic Moon from any source whatsoever.

III.          Disburse, or cause to be disbursed, the funds of Church of the Mystic Moon as may be directed by the Council, taking proper vouchers for such disbursements.

IV.       Keep and maintain adequate and correct accounts of Church of the Mystic Moon's properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses.

V.         Exhibit at all reasonable times the books of account and financial records to any Council member of Church of the Mystic Moon, or to his or her agent or attorney, on request therefor.

VI.       Render to the Elder High Priestess, Elder High Priest or Council members, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of Church of the Mystic Moon.

VII.      Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports.

VIII.    In general, perform all duties incident to the office of Treasurer and such other duties as may be required by law, by the Articles of Incorporation of Church of the Mystic Moon, or by these Bylaws, or which may be assigned to him or her from time to time by the Council.

SECTION 9. COMPENSATION

     Council members and Officers shall serve without financial compensation except they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties.

 

ARTICLE 5 - COMMITTEES

SECTION 1. THE COUNCIL

     The board of directors of the corporation shall be known as the Council. Except for the initial Council, whose names are set forth in the Articles of Incorporation, the manner in which the Council members are to be elected or appointed shall be as provided in these bylaws. By a majority vote of its members, the Council may at any time increase or decrease, but not below two (2), the number of the members of the Council. The Council may fill vacancies on the Council from the members of the Clergy of Church of the Mystic Moon who have achieved an elevation of at least Second Degree within Church of the Mystic Moon’s Degree System. The Council shall keep regular minutes of its proceedings, cause them to be filed with the corporate records, and report the same to the Elder High Priestess or Elder High Priest or any member of the Council or Clergy from time to time as the Council may require.

SECTION 2. OTHER COMMITTEES

     Church of the Mystic Moon shall have such other committees as may from time to time be designated by resolution of the Council. These committees may consist of persons who are not also members of the Council and shall act in an advisory capacity to the Council.

SECTION 3. MEETINGS AND ACTION OF COMMITTEES

     Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Council, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its members for the Council and its members, except that the time for regular and special meetings of committees may be fixed by resolution of the Council or by the committee. The Council may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are not inconsistent with the provisions of these Bylaws.

 

ARTICLE 6 - EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS

SECTION 1. EXECUTION OF INSTRUMENTS

     The Council, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of Church of the Mystic Moon to enter into any contract or execute and deliver any instrument in the name of and on behalf of Church of the Mystic Moon, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind Church of the Mystic Moon by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.

SECTION 2. CHECKS AND NOTES

     Except as otherwise specifically determined by resolution of the Council, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of Church of the Mystic Moon shall be signed by the Treasurer and countersigned by the Elder High Priestess or Elder High Priest of Church of the Mystic Moon.

SECTION 3. DEPOSITS

     All funds of Church of the Mystic Moon shall be deposited from time to time to the credit of Church of the Mystic Moon in such banks, trust companies, or other depositories as the Council may select.

SECTION 4. GIFTS

     The Council may accept on behalf of Church of the Mystic Moon any gift, bequest, contribution, or devise for the nonprofit purposes of Church of the Mystic Moon.

 

ARTICLE 7 - CORPORATE RECORDS, REPORTS AND SEAL

SECTION 1. MAINTENANCE OF CORPORATE RECORDS

     Church of the Mystic Moon shall keep at its principal office:

A.     Minutes of all meetings of Council members, committees of the Council and, if Church of the Mystic Moon has members, of all meetings of members, indicating the time and place of holding such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereof.

B.     Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses.

C.    A record of its members, if any, indicating their names and addresses and, if applicable, the class of membership held by each member and the termination date of any membership.

D.     A copy of Church of the Mystic Moon's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members of Church of the Mystic Moon at all reasonable times during office hours.

SECTION 2. CORPORATE SEAL

     The Council may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of Church of the Mystic Moon. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument.

SECTION 3. COUNCIL MEMBERS' INSPECTION RIGHTS

     Every Council member shall have the absolute right at any reasonable time to inspect and copy all Church books, records and documents and to inspect the physical properties of Church of the Mystic Moon and shall have such other rights to inspect the books, records and properties of Church of the Mystic Moon as may be required under the Articles of Incorporation, other provisions of these Bylaws, and provisions of law.

SECTION 4. RIGHT TO COPY AND MAKE EXTRACTS

     Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection shall include the right to copy and make extracts.

SECTION 5. PERIODIC REPORT

     The Council shall cause any annual or periodic report required under law to be prepared and delivered to an office of this state or to the members, if any, of Church of the Mystic Moon, to be so prepared and delivered within the time limits set by law.

 

ARTICLE 8 - IRC 501(c)(3) TAX EXEMPTION PROVISIONS

SECTION 1. LIMITATIONS ON ACTIVITIES

     No substantial part of the activities of Church of the Mystic Moon shall be the carrying on of propaganda, or otherwise attempting to influence legislation [except as otherwise provided by Section 501(h) of the Internal Revenue Code], and Church of the Mystic Moon shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office.

     Notwithstanding any other provisions of these Bylaws, Church of the Mystic Moon shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code.

SECTION 2. PROHIBITION AGAINST PRIVATE INUREMENT

     No part of the net earnings of Church of the Mystic Moon shall inure to the benefit of, or be distributable to, its members, Council members or trustees, officers, or other private persons, except that Church of the Mystic Moon shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of Church of the Mystic Moon.

SECTION 3. DISTRIBUTION OF ASSETS

     Upon the dissolution of Church of the Mystic Moon, its assets remaining after payment, or provision for payment, of all debts and liabilities of Church of the Mystic Moon shall be distributed for one or more exempt purposes within the meaning of Section 510(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose. Such distribution shall be made in accordance with all applicable provisions of the laws of this state.

SECTION 4. PRIVATE FOUNDATION REQUIREMENTS AND RESTRICTIONS

     In any taxable year in which Church of the Mystic Moon is a private foundation as described in Section 509(a) of the Internal Revenue Code, Church of the Mystic Moon.

1)     Shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of the Internal Revenue Code;

2)     Shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code;

3)     Shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code;

4)     Shall not make any investments in such manner as to subject Church of the Mystic Moon to tax under Section 4944 of the Internal Revenue Code; and

5)      Shall not make any taxable expenditure as defined in Section 4945(d) of the Internal Revenue Code.

 

ARTICLE 9 - AMENDMENT OF BYLAWS

SECTION 1. AMENDMENT

     Except as may otherwise be specified under provisions of law, these Bylaws, or any of them, may be altered, amended, or repealed and new Bylaws adopted by approval of the Council.

 

ARTICLE 10 - CONSTRUCTION AND TERMS

     If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of Church of the Mystic Moon, the provisions of the Articles of Incorporation shall govern.

     Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding.

     All references in these Bylaws to the Articles of Incorporation shall be to the Articles of Incorporation, Articles of Organization, Certificate of Incorporation, Organizational Charter, Corporate Charter, or other founding document of Church of the Mystic Moon filed with an office of this state and used to establish the legal existence of Church of the Mystic Moon.

     All references in these Bylaws to a section or sections of the Internal Revenue Code shall be to such sections of the Internal Revenue Code of 1986 as amended from time to time, or to corresponding provisions of any future federal tax code.

 

ARTICLE 11- MEMBERS

SECTION 1. DETERMINATION AND RIGHTS OF MEMBERS

      No member shall hold more than one membership in Church of the Mystic Moon. Except as expressly provided in or authorized by the Articles of Incorporation, the Bylaws of this corporation, or provisions of law, all members shall have the same rights, privileges, restrictions and conditions.

SECTION 2. QUALIFICATIONS OF MEMBERS

     The qualifications for membership in Church of the Mystic Moon are as follows:

-         Members must be at least 18 years old,

-          Or, if a minor, must be accompanied by an established member of the Church that is also his or her parent or legal guardian,

-          Or must be a hereditary Wiccan born into the Church.

 SECTION 3. ADMISSION OF MEMBERS

     Applicants shall be admitted to membership after they have made their intention to study within the church’s Degree system clearly known to the Elder High Priestess and Elder High Priest of the Church.

SECTION 4. LEVELS OF MEMBERSHIP

     The Church shall have six levels of membership. These shall consist of Dedicate Seeker, Dedicate, First Degree, Second Degree, Third Degree, and Elder.

1)     Dedicate Seeker - Within Church of the Mystic Moon, a Dedicate Seeker shall be defined as any member who has come to the Elder High Priestess or Elder High Priest and made known his or her wish to study within Church of the Mystic Moon’s Degree System. All Dedicate Seekers must meet the membership requirements as stated in Sections 2 and 3 of Article 11 of these Bylaws.

2)     Dedicate – Within Church of the Mystic Moon, a Dedicate shall be defined as a Dedicate Seeker who has met all of the requirements for elevation to Dedicate as outlined in the Church’s Degree System and has during a Church ritual, been elevated to the level of Dedicate.

3)     First Degree - Within Church of the Mystic Moon, a First Degree member shall be defined as any Dedicate who has met all of the requirements for elevation to First Degree as outlined in the Church’s Degree system and has, during a Church ritual, been elevated to First Degree.

4)     Second Degree - Within Church of the Mystic Moon, a Second Degree member shall be defined as any First Degree member who has met all of the requirements for elevation to Second Degree as outlined in the Church’s Degree system and has, during a Church ritual, been elevated to Second Degree. Second Degree members are ordained as Clergy and are eligible to become Council members.

5)     Third Degree - Within Church of the Mystic Moon, a Third Degree member shall be defined as any Second Degree member who has met all of the requirements for elevation to Third Degree as outlined in the Church’s Degree system and has, during a Church ritual, been elevated to Third Degree.

6)      Elder - Within Church of the Mystic Moon, an Elder member shall be defined as any Third Degree member who has met all of the requirements for elevation to Elder as outlined in the Church’s Degree system and has, during a Church ritual, been elevated to Elder. Elders are members of the Council.

SECTION 5. NUMBER OF MEMBERS

     There is no limit on the number of members Church of the Mystic Moon may admit.

SECTION 6. MEMBERSHIP BOOK

     Church of the Mystic Moon shall keep a membership book containing the name and address of each member. Termination of the membership of any member shall be recorded in the book, together with the date of termination of such membership. Such book shall be kept at Church of the Mystic Moon's principal office.

SECTION 7. NON-LIABILITY OF MEMBERS

     A member of this corporation is not, as such, personally liable for the debts, liabilities, or obligations of Church of the Mystic Moon.

SECTION 8. NON-TRANSFERABILITY OF MEMBERSHIPS

     No member may transfer a membership or any right arising therefrom. All rights of membership cease upon the member's death.

SECTION 9. TERMINATION OF MEMBERSHIP

     The membership of a member shall terminate upon the occurrence of any of the following events:

(1)   Upon his or her notice of such termination delivered to the Elder High Priestess or Elder High Priest or the Council or Secretary of Church of the Mystic Moon personally, or by mail, or by means of electronic data transfer. Such membership to terminate upon the date of delivery.

(2)   After providing the member with reasonable written notice and an opportunity to be heard either orally or in writing, or by means of electronic data transfer, upon a determination by the Council that the member has engaged in conduct materially and seriously prejudicial to the interests or purposes of Church of the Mystic Moon.

All rights of a member in Church of the Mystic Moon shall cease on termination of membership as herein provided.

 

SECTION 10. GUESTS

     Any person(s), who wishes to attend a Church of the Mystic Moon class, ritual, or activity as a guest, shall convey that desire to a current member of Church of the Mystic Moon. The member will then discuss the request with the Elder High Priestess and Elder High Priest at least 24 hours prior to the time of the class, ritual, or activity that the guest wishes to attend.

1.      No person who is not legally an adult (at least 18 years of age) shall be allowed to attend any Church of the Mystic Moon class, ritual or activity as a guest unless accompanied by his or her parent or legal guardian.

2.      For classes, rituals or events that are considered closed (i.e. solely for the members of Church of the Mystic Moon), no guests will be allowed.

 

ARTICLE 12 – CONDUCT OF MEMBERS

SECTION 1. CONDUCT

All members of Church of the Mystic Moon shall conduct themselves in a manner that is in keeping with the Wiccan Rede: "An it harm none, do as ye will"; and in accordance with the guidelines of Church of the Mystic Moon, as well as the traditional stricture that Wiccans should deal with one another in a spirit of "perfect love and perfect trust".

 

ARTICLE 13 - MEETINGS OF MEMBERS

SECTION 1. PLACE OF MEETINGS

     Meetings of members shall be held at the principal office of Church of the Mystic Moon or at such other place or places as may be designated from time to time by resolution of the Council.

SECTION 2. REGULAR MEETINGS

     A regular meeting of members shall be held the first Friday in February at 7 PM for the purpose of transacting any business as may come before the meeting.

SECTION 3. SPECIAL MEETINGS OF MEMBERS

     Special meetings of the members shall be called by the Council, the Elder High Priestess or Elder High Priest of Church of the Mystic Moon, or, if different, by the persons specifically authorized under the laws of this state to call special meetings of the members.

SECTION 4. NOTICE OF MEETINGS

     Unless otherwise provided by the Articles of Incorporation, these Bylaws, or provisions of law, notice stating the place, day and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten (10) nor more than fifty (50) days before the date of the meeting, either personally or by mail, or by electronic data transfer, by or at the direction of the Elder High Priestess or Priest, or the Secretary, or the persons calling the meeting, to each member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the member at his or her address as it appears on the records of Church of the Mystic Moon, with postage prepaid. Personal notification includes notification by telephone, or by means of electronic data transfer, provided however, in the case of electronic data transfer, the member to be contacted shall acknowledge personal receipt of the electronic data transmission or email notice by a return message or telephone call within twenty four hours of the first electronic transmission.

     The notice of any meeting of members at which Council members are to be elected shall also state the names of all those who are nominees or candidates for election to the board at the time notice is given.

     Whenever any notice of a meeting is required to be given to any member of this corporation under provisions of the Articles of Incorporation, these Bylaws, or the law of this state, a waiver of notice in writing signed by the member, whether before or after the time of the meeting, shall be equivalent to the giving of such notice.

SECTION 5. QUORUM FOR MEETINGS

     A quorum shall consist of a majority of the members of Church of the Mystic Moon. Except as otherwise provided under the Articles of Incorporation, these Bylaws, or provisions of law, no business shall be considered by the members at any meeting at which the required quorum is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn.

SECTION 6. MAJORITY ACTION AS MEMBERSHIP ACTION

     Every act or decision done or made by a majority of voting members present in person or by proxy at a duly held meeting at which a quorum is present is the act of the members, unless the Articles of Incorporation, these Bylaws, or provisions of law require a greater number.

SECTION 7. VOTING RIGHTS

     Each member is entitled to one vote on each matter submitted to a vote by the members. Voting at duly held meetings shall be by show of hands, or by written ballot, or by written proxy.

SECTION 8. ACTION BY WRITTEN BALLOT

     Except as otherwise provided under the Articles of Incorporation, these Bylaws, or provisions of law, any action which may be taken at any regular or special meeting of members may be taken without a meeting if Church of the Mystic Moon distributes a written ballot to each member entitled to vote on the matter. The ballot shall:

1.      Set forth the proposed action;

2.      Provide anopportunity to specify approval or disapproval of each proposal;

3.      Indicate the number of responses needed to meet the quorum requirement and, except for ballots soliciting votes for the election of Council members, state the percentage of approvals necessary to pass the measure submitted; and

4.      Shall specify the date by which the ballot must be received by Church of the Mystic Moon in order to be counted. The date set shall afford members a reasonable time within which to return the ballots to Church of the Mystic Moon.

Ballots shall be mailed or delivered in the manner required for giving notice of membership meetings as specified in these bylaws.

     Approval of action by written ballot shall be valid only when the number of votes cast by ballot within the time period specified equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the action at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.

SECTION 9. CONDUCT OF MEETINGS

     Meetings of members shall be presided over by the Elder High Priestess or Priest of Church of the Mystic Moon or, in his or her absence, by the Council Chairperson, or, in the absence of all of these persons, by a member of the Clergy chosen by a majority of the voting members, present at the meeting. The Secretary of Church of the Mystic Moon shall act as Secretary of all meetings of members, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting.

     Meetings shall be governed by such procedures as may be approved from time to time by the Council, insofar as such rules are not inconsistent with or in conflict with the Articles of Incorporation, these Bylaws, or with provisions of law.

 

ADOPTION OF BYLAWS

 

We, the undersigned, are all of the Council members and/or incorporators of Church of the Mystic Moon, and we consent to, and hereby do, adopt the foregoing Bylaws, consisting of the preceding 15 pages, as the Bylaws of Church of the Mystic Moon.

 

_________________________________________________________

Rev. Angel Shultz – Incorporator, Council member, Elder High Priestess

 

_________________________________________________________

Rev. Kenneth Smith – Incorporator, Council member, High Priest

 

_________________________________________________________

Rev. Duane Marshall - Council member, High Priest

 

 

Dated: __________________