Constitution & Bylaw Amendment Submission

At this time, per the National Constitution guidelines outlining notification of membership of amendments, the Fraternity of Alpha Kappa Lambda can no longer accept Constitution or Bylaw amendments, to be voted on at the 2016 National Conclave.

Proposed Constitution Amendments

The following are proposed constitution amendments, to be voted on at the 2016 National Conclave. For a complete listing of these amendments, click here: Constitution Amendments

Location
ARTICLE XI, SECTION 1, LETTER B

Proposed Language
Chapter Affairs: Each collegiate and alumni chapter shall have the authority to conduct all affairs of the chapter, provided that any actions taken are consistent with the procedures and definitions established in the Constitution, Bylaws or Policies of The Fraternity, and provided that such business is conducted in a democratic manner. Unless prohibited by applicable law, collegiate chapters shall create an unincorporated association with a federal tax identification number or such other legal entity as may be approved by the Executive Director for the purpose of conducting business. Each applicable collegiate chapter shall cause to the formation of a Housing Corporation for the purpose of owning the real property of such chapter.

Rationale for Amendment
The requirement of every chapter to incorporate in the current state it is located in is burdensome for those chapters with no real property. It adds additional government reporting, agent of incorporation requirements and potential annual fees.  It has also come to the National Executive Council’s attention that our current structure of chapter corporations is contrary to most of our peers and places additional liability on chapter properties. This will create a separation between a chapter and housing corporation operations.

Location
ARTICLE XI, SECTION 5, LETTER A

Proposed Language
To interpret the provisions of the Constitution and Bylaws. The National Executive Council, any national officer, standing committee, collegiate or alumni chapter, chapter corporation or member shall have the right to make a written request for a ruling by the Judicial Council for interpretation of the Constitution or Bylaws or the legality there under of any action taken or proposed to be taken by any officer, committee, chapter, or member, including the National Executive Council. The ruling by the council shall be delivered in writing to the inquirer and to any officer, chapter, committee, or member concerned, and to the National Executive Council. Such rulings shall be binding.

Rationale for Amendment
This removes reference of chapter corporation. It is believed the term “member” allows a broad enough opportunity for any undergraduate or alumnus member to make a written request for ruling by the Judicial Committee.

Location
ARTICLE VI, SECTION 1, 2, 3

Proposed Language
SECTION 1. PRINCIPAL OFFICE: The principal registered office of the Fraternity required by the General Not-For-Profit Act of the State of Missouri to be maintained in the State of Missouri shall be located in Kansas City, Missouri shall be established by the National Executive Council in a State of its choosing.

SECTION 2. EXECUTIVE OFFICES: The Executive Offices of the Fraternity shall be located in Indianapolis, Indiana or such other location established by the National Executive Council.

SECTION 3 2. OTHER OFFICES: The Fraternity shall have such other offices, whether within or without the State of Missouri, as the National Executive Council may from time to time provide or as the business of the Fraternity may from time to time require.

Rationale for Amendment
This allows the Fraternity to move its corporation to the state in which the National Headquarters is located removing the requirement to file incorporation documents in multiple states on an annual basis.

Location
ARTICLE XII

Proposed Language
Whenever any notice is required under the provisions of the General Not-For-Profit Act of Missouri the State of incorporation or under the provisions of the Articles of Incorporation or under the Constitution or Bylaws of The Fraternity, a waiver thereof in writing by the person, persons or entities entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

Rationale for Amendment
This aligns with Amendment #3

Location
ARTICLE XIII

Proposed Language
Section 1. National Conclave – Amendments may be proposed in writing by any member, chapter, or the National Executive Council not later than 180 days prior to a National Conclave. All chapters and alumni chapters shall be notified of the proposed amendment no later than 150 days prior to the Conclave. A proposed amendment will then be regular business at the next National Conclaves for deliberation and vote. A two-thirds (2/3) vote in favor of the amendment will be required for final adoption.

Section 2. Written Request – Amendments may be proposed in writing by any member, chapter, or the National Executive Council to be considered outside of Conclave. The National Executive Council must unanimously approve to accept the proposed amendment prior to its consideration. All chapters and alumni chapters shall be notified of the proposed amendment no later than 150 days prior to an open forum being provided for all delegates to discuss. A proposed amendment will then be issued via mail or email ballot for vote. A two-thirds (2/3) vote in favor of the amendment will be required for final adoption.

Rationale for Amendment
The Executive Director believes that the current time frame to make adjustments to the Constitution and Bylaws was approved when Conclave was held annually therefore proposed amendments could be handled annually. Due to the nature of the college campuses Alpha Kappa Lambda is on and the associations the Fraternity is connected to there may be a rare occurrence in which an amendment is needed and should be done prior to the next Conclave.

Location
ARTICLE XIV

Proposed Language

Section 1. National Conclave – Amendments may be proposed in writing by any member, chapter, or the National Executive Council not later than 180 days prior to a National Conclave. All chapters and alumni chapters shall be notified of the proposed amendment no later than 150 days prior to the Conclave. A proposed amendment will then be regular business at the next National Conclaves for deliberation and vote. A two-thirds (2/3) vote in favor of the amendment will be required for final adoption.

Section 2. Written Request – Amendments may be proposed in writing by any member, chapter, or the National Executive Council to be considered outside of Conclave. The National Executive Council must unanimously approve to accept the proposed amendment prior to its consideration. All chapters and alumni chapters shall be notified of the proposed amendment no later than 150 days prior to an open forum being provided for all delegates to discuss. A proposed amendment will then be issued via mail or email ballot for vote. A two-thirds (2/3) vote in favor of the amendment will be required for final adoption.

Rationale for Amendment
The Executive Director believes that the current time frame to make adjustments to the Constitution and Bylaws was approved when Conclave was held annually therefore proposed amendments could be handled annually. Due to the nature of the college campuses Alpha Kappa Lambda is on and the associations the Fraternity is connected to there may be a rare occurrence in which an amendment is needed and should be done prior to the next Conclave.

Proposed Bylaw Amendments

The following are proposed bylaw amendments, to be voted on at the 2016 National Conclave. For a complete listing of these amendments, click here: Bylaw Amendments

Location
ARTICLE I, SECTION 2, LETTER H

Current Language
Corporate Board(s) – The Corporate Board or sometimes referred to as Housing Corporation of individual chapters of The Fraternity.

Proposed Language
Housing Corporation – The independent corporation or other legal entity approved by the Executive Director that owns real property of an individual chapter of The Fraternity.

Rationale for Amendment
This updates the Bylaws to align with the Constitution if Constitution Amendment #1 regarding chapter affairs passes. Approval of the Executive Director controls assignment of responsibility so local chapters do not have groups attempting to create competing entities.

Location
ARTICLE II, SECTION 5, LETTER I

Current Language
To create and maintain a corporation for the purpose of cooperating with and assisting the chapter in managing its property and maintaining financial stability while planning for future needs;

Proposed Language
To cooperate with any existing Housing Corporation managing its property and maintaining financial stability while planning for future needs;

Rationale for Amendment
This updates the Bylaws to align with the Constitution if Constitution Amendment #1 regarding chapter affairs passes.

Location
ARTICLE II, SECTION 6

Current Language
Chapter Housing Corporations

Proposed Language
Housing Corporations

Rationale for Amendment
Updates title related to other Constitution and Bylaw changes if Constitution Amendment #1 regarding chapter affairs passes.

Location
ARTICLE II, SECTION 6, LETTER A

Current Language
INCORPORATION AND BOARD OF DIRECTORS: Each Chapter Corporation shall be legally formed, incorporated and maintained in good standing in accordance with the laws of the state in which the Chapter is located. The Corporation’s Board of Directors shall be constituted and elected as set forth in the Corporation’s bylaws, but all corporate bylaws will provide at a minimum that all members of the Corporation will have the right to vote for the membership of the Board of Directors.

Proposed Language
INCORPORATION: Each Housing Corporation shall be legally formed, incorporated and maintained in good standing in accordance with the laws of the state in which the Chapter is located.

Rationale for Amendment
This updates the Bylaws to align with the Constitution if Constitution Amendment #1 regarding chapter affairs passes. The Board of Directors requirement are removed here and can be set forth in Statements of Policy to provide more flexibility needed based on state law variations from state to state. They are also addressed in Section 6. C.

Location
ARTICLE II, SECTION 6, LETTER B

Current Language
PURPOSE: A Corporation shall constitute the legal entity for the conduct of business affairs and be holder of title to any property of the chapter. A primary function of a Corporation shall be to see to the health, safety and welfare of the collegiate membership of the chapter, and to see to the enforcement of all Policies, Bylaws and Constitutional provisions of The Fraternity and to ensure that the chapter has adequate casualty and liability insurance coverage. Corporate Boards which hold their suspended chapter charters and property in trust as an agent of the National Headquarters remain legally incorporated in their state. They shall conduct business affairs as any Corporate Board, stay current with fraternal activities, rules and policies, and be prepared to assist the National Headquarters in reorganizing or reestablishing a chapter and provide support and direction.

Proposed Language
PURPOSE: A Corporation shall constitute the legal entity holding title to any real property a designated chapter. The Housing Corporation shall not be involved in the operation or management of the chapter in any way.

Rationale for Amendment
If Constitution Amendment #1 regarding chapter affairs passes this provides legal separation of chapter activities and housing activities. Members of a Housing Corporation could still participate in a separate advisory group that provides guidance to chapter activities.

Location
ARTICLE II, SECTION 6, LETTER C

Current Language
GOVERNANCE: The Corporation shall be governed by a Board of Directors and by bylaws which it shall adopt, a current set of which shall be on file in the Executive Offices at all times. Any amendment to the corporation bylaws shall be forwarded to the Executive Offices within five (5) days of its adoption. The Executive Director shall review all Corporation bylaws to see that they conform to all requirements of The Constitution, Bylaws, Policies, goals and Ideals of The Fraternity, and do not violate any law, regulation or ordinance, or the rules and regulations of the host educational institution. If the Executive Director shall disallow any provision or amendment of the Corporation bylaws, appeal may be made in writing to the Judicial Council. Pending a decision of the Judicial Council, the disallowed provision shall remain in abeyance.

Proposed Language
GOVERNANCE: The Housing Corporation shall be governed by a Board of Directors and by bylaws which it shall adopt, a current set of which shall be on file in the Executive Offices at all times. Any amendment to the corporation bylaws shall be forwarded to the
Executive Offices within five (5) days of its adoption. The Executive Director shall review all Corporation bylaws to see that they conform to all requirements of The Constitution, Bylaws, and Policies of the Fraternity.

Rationale for Amendment
Policies of the Fraternity should cover any expectations of law, regulations and ordinances. The Housing Corporation already has the right to appeal to the Judicial Council for any interpretation or appeal.

Location
ARTICLE II, SECTION 9, LETTER B.

Current Language
VOLUNTARY WITHDRAWAL: A chapter or alumni chapter may request in writing that its charter be withdrawn upon two thirds (2/3) affirmative vote of both the Corporate Board, if any then exists, and the collegiate membership of the chapter or a majority of the membership of record of an alumni chapter. Such request shall state the reasons and be submitted to the Executive Director at the Executive Offices. He shall submit the request to the National Executive Council which may only approve the request by a unanimous vote. All chapters and alumni chapters shall be notified by the Executive Director within ten (10) days of such final approval by the NEC.

Proposed Language
VOLUNTARY WITHDRAWAL: A chapter or alumni chapter may request in writing that its charter be withdrawn upon two thirds (2/3) affirmative vote of the collegiate membership of the chapter or a majority of the membership of record of an alumni chapter. Such request shall state the reasons and be submitted to the Executive Director at the Executive Offices. He shall submit the request to the National Executive Council which may only approve the request by a unanimous vote. All chapters and alumni chapters shall be notified by the Executive Director within ten (10) days of such final approval by the NEC.

Rationale for Amendment
If Constitution Amendment #1 regarding chapter affairs passes this continues legal separation of chapter activities and housing activities.

Location
ARTICLE II, SECTION 9, LETTER D

Current Language
TRANSFER OF PROPERTY: Immediately upon withdrawal of the charter of a chapter, all property, including the charter, associated with the rights granted under that charter shall revert to the Executive Offices. The chapter and its corporation shall promptly wind up its affairs. All real and personal property remaining after the chapter and its corporation have settled their respective liabilities and indebtedness shall be transferred to The Fraternity, to be held in trust for a period of five (5) years, during which time The Fraternity will use those funds solely for the purpose of promoting the re-establishment of a chapter at that host institution. If those efforts are not successful, at the end of the five (5) year period, The Fraternity may use the remaining funds for expansion efforts at other institutions.

Proposed Language
TRANSFER OF PROPERTY: Immediately upon withdrawal of the charter of a chapter, all property, including the charter, associated with the rights granted under that charter shall revert to the Executive Offices. The chapter shall promptly wind up its affairs. Unless otherwise approved by the National Executive Council, all real and personal property remaining after the chapter and associated Housing Corporation have settled their respective liabilities and indebtedness shall be transferred to The Fraternity, to be held in trust during which time The Fraternity will use those funds and assets primarily for the purpose of promoting the re-establishment of a chapter at that host institution. If those efforts are not successful, The Fraternity may use the remaining funds and assets for expansion efforts at other institutions.

Rationale for Amendment
If Constitution Amendment #1 regarding chapter affairs passes this provides appropriate dissolution of local operations. This also supports the Fraternity’s practice of securing a “closed” chapter’s assets to be used for returning the chapter at a later date. The NEC’s ability to approve an alternate course provides the ability for a local Housing Corporation to gain approval to continue to hold and manage real property such as leasing a chapter house to another groups while its associated AKL chapter is unable to use the property due to the charter being withdrawn.

Location
ARTICLE III, SECTION 7, LETTER A, SUBSECTION 1

Current Language
COLLEGIATE MEMBERS: A collegiate member may be expelled for good and sufficient cause found by a two-thirds (2/3) vote of the collegiate membership of his chapter. The report of a vote to expel shall be sent to the Corporate Board which shall promptly forward the same with its recommendations to the Executive Offices. The Executive Director shall approve or deny the expulsion based on whether such expulsion was made for good and sufficient cause and due process was afforded. The Executive Director shall notify the chapter and the expelled member of the Executive Director’s approval or denial of the expulsion and the reasons for any denial. Expulsion proceedings that have not been completed within 60 days from chapter vote shall be deemed terminated. (This period does not include the 30 day period of appeal as described in paragraph B. of this Section.)

Proposed Language
COLLEGIATE MEMBERS: A collegiate member may be expelled for good and sufficient cause found by a two-thirds (2/3) vote of the collegiate membership of his chapter. The report of a vote to expel shall be shall promptly forwarded to the Executive Offices. The Executive Director shall approve or deny the expulsion based on whether such expulsion was made for good and sufficient cause and due process was afforded. The Executive Director shall notify the chapter and the expelled member of the Executive Director’s approval or denial of the expulsion and the reasons for any denial. Expulsion proceedings that have not been completed within 60 days from chapter vote shall be deemed terminated. (This period does not include the 30 day period of appeal as described in paragraph B. of this Section.)

Rationale for Amendment
If Constitution Amendment #1 regarding chapter affairs passes this continues legal separation of chapter activities and housing activities.

Location
ARTICLE III, SECTION 7, LETTER A, SUBSECTION 2

Current Language
OTHER MEMBERS: Members of any other class of membership may be expelled upon the finding of good and sufficient cause by the NEC. A recommendation of expulsion may be made by a collegiate chapter or a chapter corporation. Such a request for expulsion shall be sent to the Executive Offices for investigation. Within thirty (30) days of the receipt of said request, the Executive Director will communicate to the Member proposed for expulsion a notice of investigation including the details of the investigation request from the local chapter or board, and give said member fifteen (15) days to respond to the Executive Offices. Within ninety (90) days of the receipt of the request to expel the member, the Executive Director shall submit a report of his findings, including any statements or additional information submitted by the member in question, to the NEC. Said report may, but need not, include a recommendation to expel the Member. Upon receipt of the report, a motion by the NEC to expel the Member will be in order, and must pass unanimously to take effect.

Proposed Language
OTHER MEMBERS: Members of any other class of membership may be expelled upon the finding of good and sufficient cause by the NEC. A recommendation of expulsion may be made to the Executive Offices for investigation. Within thirty (30) days of the receipt of said request, the Executive Director will communicate to the Member proposed for expulsion a notice of investigation including the details of the investigation request from the local chapter or board, and give said member fifteen (15) days to respond to the Executive Offices. Within ninety (90) days of the receipt of the request to expel the member, the Executive Director shall submit a report of his findings, including any statements or additional information submitted by the member in question, to the NEC. Said report may, but need not, include a recommendation to expel the Member. Upon receipt of the report, a motion by the NEC to expel the Member will be in order, and must pass unanimously to take effect.

Rationale for Amendment
It provides anyone involved with Alpha Kappa Lambda to recommend a member for expulsion (aside from a current collegiate member). It still requires an investigation and
NEC action.

Location
ARTICLE VI, SECTION 1, LETTER 1, SUBSECTION 2

Current Language
CORPORATE BOARD DELEGATE: One vote shall be cast by an official delegate of the Corporate Board of Directors of the chapter on any matter presented for action at The Conclave with the exception of the election of undergraduate members of the National Executive Council. The corporate board delegate shall be someone other than an official collegiate delegate or a member of the NEC and shall be elected or appointed for such responsibility by the respective corporate board. To qualify for vote in any mail ballot or at Conclave, a corporate board must have met the meeting and reporting requirements as listed in Article II, Section 6,E herein.

Proposed Language
HOUSE CORPORATION DELEGATE: One vote shall be cast by an official delegate of a House Corporation associated with a current active chapter on any matter presented for action at The Conclave with the exception of the election of undergraduate members of the National Executive Council. The House Corporation delegate shall be someone other than an official collegiate delegate or a member of the NEC and shall be elected or appointed for such responsibility by the respective House Corporation Board. To qualify for vote in any mail ballot or at Conclave, a House Corporation must have met the meeting
and reporting requirements as listed in Article II, Section 6,E herein.

Rationale for Amendment
Assuming Constitution Amendment #1 passes this provides House Corporations representation at Conclave with or without the chapter they are associated with being present. It does not allow Housing Corporations that are still functioning without an associated chapter to vote.

Location
ARTICLE I, SECTION 2, LETTERS; A, D, I

Current Language
A. The Fraternity – The Fraternity of Alpha Kappa Lambda, a not-for-profit corporation under the laws of the State of Missouri.

D. Executive Office(s) – The National Offices of The Fraternity, presently located in Indianapolis, Indiana.

I. The Constitution – The Constitution of The Fraternity of Alpha Kappa Lambda, a not-for-profit corporation under the laws of the State of Missouri.

Proposed Language
A. The Fraternity – The Fraternity of Alpha Kappa Lambda, a not-for-profit corporation under the laws of the State of its incorporation chosen by the National Executive Council.

D. Executive Office(s) – The National Office and Address of The Fraternity.

I. The Constitution – The Constitution of The Fraternity of Alpha Kappa Lambda, a not-for-profit corporation under the laws of the State of its incorporation.

Rationale for Amendment
This updates the Bylaws to align with the Constitution assuming Constitution Amendment #3 passes.

Location
ARTICLE II, SECTION 5, LETTER E

Current Language
To be above the all fraternity chapter membership average or a minimum of twenty-five collegiate members whichever is greater and to have initiated at least ten men during each academic year;

Proposed Language
To be above the all fraternity chapter membership average or a minimum of twenty-five collegiate members whichever is greater and to have initiated at least ten men during each academic year, unless otherwise approved by the National Executive Council;

Rationale for Amendment
On some campuses variables such as chapter housing greatly affect chapter size. This allows the National Executive Council to approve a variance to this duty on an individual basis.