Typed by Robert Stauffer;
formatted for the web by
Jonah Winters, 09/02
published in
The Baha'i World
1979-1983, Vol. XVIII
pp. 564-567
The following is the standard format for By-Laws used in
the United States by Local Spiritual Assemblies. These are normally submitted to
the proper state authority with the Articles of Incorporation to establish an
Assembly of nine elected Baha'is as a legal entity.
BY-LAWS OF A LOCAL SPIRITUAL ASSEMBLY
ARTICLE
I
The trustees, i. e., the members of The Spiritual Assembly
of the Bahá'ís of . . . , recognize that this action has been taken in full
unanimity and agreement. They acknowledge for themselves and on behalf of their
successors the sacred meaning and universal purpose of the Bahá'í Faith, the
teaching and principles of which fulfill the divine promise of all former
revealed religions.
ARTICLE II
In administering the affairs of the
Bahá'í religion under the Corporation for the benefit of the Bahá'ís of . . . ,
in accordance with the religious teachings and administrative principles of the
Faith, the Spiritual Assembly shall act in conformity with the functions of a
Local Spiritual Assembly as defined in the by-laws adopted by the National
Spiritual Assembly of the Bahá'ís of the United States, an Illinois
not-for-profit corporation, and published by the National Spiritual Assembly of
the Bahá'ís of the United States for the information and guidance of Bahá'ís
throughout the United States.
ARTICLE III
The Spiritual Assembly, in the
fulfillment of its obligations and responsibilities under this Corporation,
shall have exclusive jurisdiction and authority over all the local activities
and affairs of the Bahá'ís of . . . , including paramount authority in the
administration of this Corporation. It shall be responsible for maintaining the
integrity and accuracy of all Bahá'í teaching, whether written or oral,
undertaken throughout the local community. It shall make available the published
literature of the Faith. It shall represent the community in its relations to
the National Spiritual Assembly, to the Universal House of Justice, to other
local Bahá'í communities and to the general public in . . . . It shall be
charged with the recognition of all applicants requesting membership in the
local Bahá'í Community. It shall report to the National Spiritual Assembly any
facts concerning a member or members of the community which indicate either
abandonment of membership in the community or inability to qualify as a believer
for decision by the National Spiritual Assembly, in which body is vested sole
authority to pass upon the qualifications of an enrolled Bahá'í and if necessary
to deprive him or her of membership rights. It shall call the meetings of the
community, including the Bahá'í anniversaries and Feasts, the meetings of
consultation and the Annual Meeting at which members of the Spiritual Assembly
are elected. It shall appoint and supervise all committees of the Bahá'í
community. It shall collect and disburse all funds intended for the maintenance
of this Corporation. It shall have full and complete custody of the headquarters
and meeting place of the Bahá'í community. It shall have exclusive authority to
conduct Bahá'í marriage ceremonies and issue Bahá'í marriage certificates within
the area of its jurisdiction. It shall report to the National Spiritual Assembly
annually, or when requested, the membership roll of the Bahá'í community for the
information and approval of the National Spiritual Assembly. The Spiritual
Assembly, however, shall recognize the authority and right of the National
Spiritual Assembly to declare at any time what activities and affairs of the
Bahá'ís of . . . are national in scope and hence subject to the jurisdiction of
the National Spiritual Assembly. It shall likewise recognize the right of any
member of the community to appeal to the National Spiritual Assembly for review
and decision of any matter in which the previous decision of the Local Spiritual
Assembly is felt by the member to be contrary to the explicit teachings of the
Bahá'í Faith or opposed to its best interest. It shall, on the other hand, have
the authority and right to appeal from the decision of the National Spiritual
Assembly to the Universal House of Justice for review and final decision of any
matter related to the Faith in . . . .
ARTICLE IV
The Spiritual Assembly, in
administering this Corporation, shall ever bear in mind the ideals upheld in the
Sacred Writings of the Bahá'í Faith respecting the relationships of a Spiritual
Assembly to its Bahá'í community, the relations of Bahá'ís to one another in the
community and the relationship of Bahá'ís to all no-Bahá'ís, without prejudice
of race, creed, or nationality. The Assembly shall therefore above all recognize
its sacred duty to maintain full and complete unity throughout the Bahá'í
community, to relieve and comfort the sick and distressed, to assist the poor
and destitute, to protect the orphans, the crippled and the aged, to educate the
children of Bahá'ís according to the highest religious and intellectual
standards, to compose differences and disagreements among members of the
community, to promulgate the principles of divine civilization revealed by
Baha'u'llah and to promote in every way possible the Bahá'í aim of the oneness
of mankind. It shall faithfully and devotedly uphold the general Bahá'í
activities and affairs initiated by the National Spiritual Assembly. It shall
cooperate wholeheartedly with other Local Spiritual Assemblies throughout the
United States in all matters declared by the National Spiritual Assembly to be
of general Bahá'í importance and concern. It shall rigorously abstain from any
action or influence, direct or indirect, that savors of intervention on the part
of a Bahá'í body in matters of public and civil jurisdiction, It shall encourage
intercourse between the Bahá'í community . . . , and other recognized Bahá'í
communities, issuing letters of introduction to Bahá'ís traveling from . . . ,
and passing upon letters of introduction issued by other Bahá'í Spiritual
Assemblies. It shall regard its authority as a means of rendering service to
Bahá'ís and non-Bahá'ís and not as a source of arbitrary power. While retaining
the sacred right of final decision in all matters pertaining to the Bahá'í
community, the Spiritual Assembly shall ever seek the advise and consultation of
all members of the community, keep the community informed of all its affairs and
invite full and free discussion on the part of the community of all matters
affecting the Faith.
ARTICLE V
The Bahá'ís of . . . , for whose
benefit this Corporation has been established, shall consist of all persons of
the age of fifteen years or older resident in . . . , who are accepted by the
National Spiritual Assembly as possessing qualifications of Bahá'í faith and
practice required under the following standard set forth by the Guardian of the
Faith: Full recognition of the station of the Báb, the Forerunner, of
Bahá'u'lláh, the Author, and of Abdul'Bahá, the True Exemplar of the Bahá'í
religion; unreserved acceptance of and submission to whatsoever has been
revealed by Their Pen; loyal and steadfast adherence to every clause of
Abdul'Bahá's sacred Will; and close association with the spirit as well as the
form of Bahá'í administration throughout the world. Upon attaining the age of
twenty-one years, a Bahá'í is eligible to vote and hold elective office.
ARTIVLE VI
The Spiritual Assembly shall consist
of nine Trustees chosen from among the Bahá'ís of . . . , who shall be elected
by these Bahá'ís in a manner hereinafter provided and who shall continue in
office for a period of one year, or until their successors shall be
elected.
ARTICLE VII
The officers of the Spiritual
Assembly shall consist of a Chairman, Vice-Chairman, Secretary, Treasurer and
such other officers as may be found necessary for the proper conduct of its
affairs. The officers shall be elected by a majority vote of the entire
membership of the Assembly taken by secret ballot.
ARTICLE VIII
The first meeting of a newly-elected
Spiritual Assembly shall be called by the member elected to membership by the
highest number of votes, or, in case of two or more members have received the
same said highest number of votes, then the member selected by lot from among
those members; and this member shall preside until the permanent Chairman shall
be chosen. All subsequent meetings shall be called by the Secretary of the
Assembly at the request of the Chairman or, in his absence or incapacity, of the
vice-Chairman or of any three members of the Assembly, provided, however, that
the Annual Meeting of the Assembly shall be held on the First Day of Ridván,
being that period between sunset on April 20 and sunset on April 21, in
accordance with the administrative principles recognized by all Bahá'í''
Spiritual Assemblies.
Section 1.Five members of the Spiritual Assembly present
at a meeting shall constitute a quorum, and a majority vote of those present and
constituting a quorum shall be sufficient for the conduct of business except as
otherwise provided in these By-Laws and with due regard to the principle of
unity and cordial fellowship involved in the institution of a Spiritual
Assembly. The transactions and decisions of the Assembly shall be recorded at
each meeting by the Secretary, who shall have the minutes adopted and approved
by the Assembly, and preserve them in the official records of the Assembly.
Section 2.
Vacancies in the membership of the
Spiritual Assembly shall be filled by election at a special meeting of the local
Bahá'í community duly called for that purpose by the Assembly. In the event that
the number of vacancies exceeds four, making a quorum of the Spiritual Assembly
impossible, the election shall be under the supervision of the National
Spiritual Assembly.
ARTICLE IX.
The sphere of jurisdiction of the
Spiritual Assembly with respect to residential qualifications of membership and
voting rights of a believer in the Bahá'í community shall be the locality
included within the limits of . . . .
ARTICLE X
Section 1.
In the event that any
decision of the Spiritual Assembly is unacceptable to any member or members of
the community, the Assembly shall after endeavoring to compose the difference of
opinion invite the said member or members to make appeal to the National
Spiritual Assembly and notify that body the readiness of the Spiritual Assembly
to become party to the appeal.
Section 2.
In the same matter, if any difference
arises between the Spiritual Assembly and another Assembly, or Assemblies, in
the United States, the Assembly shall report the matter to the National
Spiritual Assembly and inform that body of its readiness to make joint appeal
together with other Assembly or Assemblies.
Section 3.
If, however, the result of such an
appeal is unsatisfactory to the Spiritual Assembly, or the Assembly at any time
has reason to believe that actions of the National Spiritual Assembly are
affecting adversely the welfare and unity of the Bahá'ís of . . . , it shall,
after seeking to compose its difference of opinion with the National Spiritual
Assembly in direct consultation, have the right to make appeal to the Universal
House of Justice.
Section 4.
The Spiritual Assembly shall likewise
have the right to make complaint to the National Spiritual Assembly in the event
that matters of local Bahá'í concern and influence are referred to the national
body by a member or members of the local community without previous opportunity
for action by the Spiritual Assembly.
ARTICLE X1.
The Annual Meeting of the Corporation
at which its Trustees shall be elected shall be on the First Day of Ridván,
being that period between sunset on April 20 and sunset on April 21, at an hour
and place to be fixed by the Spiritual Assembly, which shall give not less than
fifteen days' notice of the meeting to all members of the local Bahá'í
community.
Section 1.
The Spiritual Assembly shall accept
those votes transmitted to the Assembly before the election by members who by
reason of sickness or other unavoidable reason are unable to be present at the
election in person.
Section 2.
The election of the members to the
Spiritual Assembly shall be by plurality vote.
Section 3.
All voting members of the local
Bahá'í community are eligible for election as members of the Spiritual Assembly.
Section 4.
The Spiritual Assembly shall prepare
an agenda for the Annual Meeting in which shall be included reports of the
activities of the Assembly since its election, a financial statement showing all
income and expenditure of its fund, reports of its committees and presentation
of any other matters pertaining to the affairs of the Bahá'í community. The
assembly, both preceding and following the Annual Election, shall invite
discussion and welcome suggestions from the community in order that its plans
may reflect the community mind and heart.
Section 5.
The result of the election shall be
reported by the Spiritual Assembly to the National Spiritual Assembly.
ARTICLE XII.
In addition to the Annual Meeting
the Spiritual Assembly shall arrange for regular meetings of the Bahá'í
community throughout the year at intervals of nineteen days in accordance with
the calendar incorporated in the teachings of the Bahá'í Faith.
ARTICLE XIII.
The seal of the Corporation shall
be circular in form, bearing the following description: The Spiritual Assembly
of the Bahá'ís of . . . .
ARTICLE XIV.Alternative 'A'
"These By-Laws
may be amended by majority vote of the Spiritual Assembly at any of its regular
or special meetings, provided that at least fourteen days prior to the date
fixed for the said meeting a copy of the proposed amendment or amendments is
mailed to each member of the Assembly by the Secretary."
Alternative
'B'
These By-Laws may be amended only by majority vote of the
National Spiritual Assembly, which, in making amendments, does so for the
By-Laws of all Local Spiritual Assemblies throughout . . . [name of country or
region]