Letterhead Graphic

Journal Header Graphic

Constitution Header

Volume #0: Issue #1
Effective: Summer Solstice, June 20th, 2015.
EMERALD (35th) Anniversary Edition (June 21st, 2015).
Web Revision: July 09th, 2017.

Edited by GHFr. Pneuma Asteros, Order Chief Adept & President.

CONTENTS:

Article 8 Header

SECTION 1: [AUTHORITY]

1) This article shall govern discipline of Members, Officers, Subordinate Colonial Lodges, Stellar Temples, Administrative & Ecclesiastical State Curias, The Executive Council, The General Synod, and all other subordinate organizations affiliated therewith, and shall be interpreted in such manner as to afford equity and fairness to all affected thereby.

2) Discipline shall be initiated by the General Synod and imposed upon an individual member, a subordinate Colonial Lodge or Stellar Temple, Administrative & Ecclesiastical State Curias, an officer of The Executive Council or administrative staff member, or a member of itıs own body only in extraordinary circumstances where the Member, Lodge, Temple, See, or Officer acted or failed to act in respect to a matter of direct and significant import to the General Order or has violated this Constitution, the General Order Administrative Regulation (By-Laws), or the Rituals of the Order of The Astral Star.

SECTION 2: [INDIVIDUAL MEMBERS]

1) Jurisdiction: Except as other wise provided herein, individual Active members shall only be judged and disciplined by the subordinate Colonial Lodge, Stellar Temple or State See of which they are active in, or by the General Synod in the absence of a State See, and each subordinate and State Curia shall develop and promulgate rules that provide for the fair and appropriate discipline of itıs members and are not inconsistent with this Constitution.

2) Offenses Defined: Each member shall abide by the laws of the General Order as defined in Article I, Section 10 of this Constitution, The General Order Administrative Regulations (G.O.A.R.s), and rituals of the General Order as provided. In addition to general offenses cited in the constitution, other specific offenses include:

A) Conduct unbecoming a Lady / Gentleman;
B) Slander or Libel of the General Order, Subordinate Organization, or Member;
C) Failing to act for the good of the General Order;
D) Committing an act detrimental to the General Order;
E) Violation of a pledge of Membership;
F) Conviction of a criminal offense which reflects upon the General Order;
G) An offense, criminal in nature, against another Member, a subordinate organization, or the community in general;
H) Violation of a Resolution approved by the General Synod of the Order;

3) Penalties Defined:

A) Expulsion (not applicable to Associate Members;
B) Disassociation (applicable to Associate Members;
C) Impeachment (Removal from Office);
D) Suspension (for a defined period of time);
E) Probation (for a defined period of time);
F) Fine;
G) Reprimand (Written);
H) Censure (Verbal);
I) Other lawful penalty.

4) In the case of discipline imposed upon an individual member involving suspension, expulsion, or removal from office by a subordinate organization of the General Order, an appeal may be taken by the member to the Curia of a State See, and an appeal may be taken from the decision of the Curia of a State See to the Executive Council. Appeals from the Executive Council may be made to the floor of the General Synod at the pentennial session of that body, under the chair of the Chief Adept (President), against which there is no appeal.

A) An appeal to the Curia of a State See may be brought by the filing of a written notice of appeal with the State Primate not more than thirty (30) days after the memberıs receipt of official notification of disciplinary action. Unless continued or delayed for good cause, such appeal shall be heard by the State Seeıs next session of itıs Curia, unless waived in writing by both the appealing member and the responding Colonial Lodge or Stellar Temple. A written decision shall be rendered by the Curia within ten (10) days after such session. Both the appealing member and the subordinate organization from whose action the appeal is brough shall have the right to a hearing at which both parties may be heard and may present witnessess and documents. The parties to the appeal shall receive notice of the date of the hearing by registered mail not less than ten (10) days before such hearing;

B) The Curia of a State See may sustain, modify, or reverse the disciplinary action against the member;

C) In any case of discipline involving suspension, expulsion, or impeachment (removal from office), of an individual member initiated by a State Curia, or upon the decision of the State Curia in respect to an appeal from the action of a subordinate Stellar Temple or Colonial Lodge, an appeal may be taken to the Executive Council and, ultimately, to the Pentennial session of the General Synod.

5) A party seeking to appeal from the decision of the State Curia shall give notice of appeal to the Executive Council by submitting by registered mail within fourteen (14) days of the party's receipt of notice thereof, a written submission consisting of the decision from which the appeal is taken and such other written materials as the appellant deems relevant to a fair consideration of the appeal by the Executive Council. The appellant shall serve one (1) copy of the notice of appeal (including all written submissions) upon the opposing party (which shall be the State Curia or subordinate organization Secretary where such opposing party is same). Where the appealing party is a subordinate organization, it shall submit twenty (20) copies thereof to the Fourth Adept (Secretary) not less than thirty (30) days prior to the Executive Council meeting at which the appellant seeks to have his appeal heard. The party opposing the appeal shall, within fourteen (14) days of his receipt of the notice of appeal, submit a responsive written submission to the Fourth Adept (Secretary) and the opposing party, which responsive submission shall contain such materials as it deems appropriate and relevant to a fair consideration of the appeal by the Executive Counci. In cases in which the responding party is a State Curia or subordinate organization, such subordinate organization shall submit twenty (20) copies of its responsive submission to the Fourth Adept (Secretary). In cases in which the party opposing the appeal is an individual member, he shall submit one (1) copy ofhis responsive submission to the Fourth Adept ( Secretary).

6) Except in the case of discipline initiated thereby, the Executive Council shall review appeals of disciplinary matters solely to ensure that the parties were afforded due process and that the decision was consistent with this Constitution, the By-Laws, and Rituals of the General Order.

A) Those appeals received by the Secretary after the Pentennial Conference but before the next Executive Council meeting shall be considered by the Executive Council. The President may appoint a special committee which shall meet, gather and review facts and arguments of the parties, consult with all interested parties in attendance and make a full report, including its recommendation, to the Executive Council prior to its adjournment.

B) Following the report of the special committee, interested parties, if any, may appear before the entire Executive Council which shall decide the matter by majority vote.

7) An appeal to the Pentennial Conference may be taken by either party from the decision of the Executive Council respecting any appeal of disciplinary action imposed upon an individual member by a subordinate Colonial Lodge, Stellar Temple, a State Curia or discipline imposed by the Executive Council.

A) A party seeking to appeal a decision of the Executive Council to the Pentennial Session shall serve notice thereof to the Third Adept (Chancellor) and the opposing party. Such notice of appeal shall consist of a concise statement describing the act or failure to act upon which the appeal is based, the basis for such appeal, the decision appealed from, and those written materials the appellant deems appropriate and relevant to a fair consideration of the appeal by the Executive Council. The opposing party may respond in writing to such notice of appeal with such materials as it deems necessary and shall submit a copy of such response to the Third Adept (Chancellor) and the appealing party. Said notice of appeal and any responsive submissions shall be forwarded by the Third Adept (Chancellor) to the Chief Adept (President) who shall deliver said materials to a committee of the Conference which shall consider the matter and report thereon to the Session prior to a vote thereon by the delegates. By their taking of the pledges of their acceptance of the charter of the Society of The Astral Star, each member and each subordinate organization specifically acknowledges and agrees that the decision of the General Synod shall be final.

8) Discipline may be initiated by the General Synod and imposed upon an individual member only in extraordinary circumstances, in which case such member shall be afforded a hearing of which he/she will be given notice, at which he will be permitted to present witnesses and documents and in which process he shall be afforded the same protections set forth in respect to discipline imposed by a subordinate organization.

SECTION 2: [STATE CURIAS & SUBORDINATE ORGANIZATIONS]

1) Jurisdiction: Except as other wise provided herein, State See Curias, Stellar Temples, and Colonial Lodges, shall only be judged and disciplined by the General Synod and/or the Executive Council in a manner not inconsistant with this Constitution.

2) Penalties Defined:

A) Revocation (surrender of Charter);
B) Interdiction (suspension of all rituals and rites);
C) Probation (for a defined period of time);
D) Fine;
E) Reprimand (Written);
F) Censure (Verbal);
G) Other lawful penelty.

3) Except as otherwise provided herein, a subordinate organization shall only be disciplined by the State Curia of which it is a member. A State Curia shall only be disciplined by the Executive Council or the General Synod. Such discipline may be imposed only upon a showing of good and sufficient cause after a fair hearing by the state curia's governing body (in respect to subordinate organiztion) or the Executive Council (in respect to State Curias) and may include suspension or revocation of a Stellar Temple's or Colonial Lodge's charter. Such hearing shall be conducted in conformity with applicable Laws.

4) A subordinate organization may appeal from the imposition of discipline by its respective State Curia to the Executive Council and, ultimately, the Pentennial Conference of the General Synod.

A) Such appeal shall be commenced by serving upon the National Secretary and the secretary of the state lodge from whose action the appeal is brought, within thirty (30) days of notice of the action appealed from and by certified mail, a notice of appeal. Such notice of appeal shall consist of the decision or ruling appealed from and all relevant written materials believed by the subordinate lodge to be necessary for a fair consideration of the matter by the General Synod. Twenty (20) copies of said notice of appeal shall be served to the Third Adept (Chancellor) for distribution to the members of the General Synod.

B) Not more than thirty (30) days after receipt of the subordinate lodge's notice of appeal, the state secretary shall serve twenty (20) copies upon the Third Adept (Chancellor) and one (1) copy upon the opposing party, of its statement of position and/or response to the appeal of the subordinate organization which submission shall, in any case, include a copy of the minutes reflecting the action from which the appeal is taken and such other materials as the State Curia deems appropriate.

C) Those appeals received by the Third Adept (Chancellor) after the Pentennial Conference shall be considered by the Executive Council at its next meeting. The Chief Adept (President) may appoint a special committee which shall meet, gather and review facts and arguments of the parties, consult with all interested parties in attendance and make a full report, including its recommendation, to the General Synod prior to its adjournment.

D) Following the report of the special committee, interested parties may appear before the entire General Synod which shall consider the matter and render its decision, provided, however, that a charter of a state or subordinate lodge shall not be revoked or suspended except upon a vote of three-fourths (3/4) of the Executive Council. The decision of the General Synod shall be final unless, by a majority vote of those members of the General Synod, further investigation is deemed necessary, in which event the National President shall direct the special conmlittee to investigate the matter further and make a final report at the next Session of the Executive Council or upon the appeal of the non-prevailing party to the Pentennial Conference of the General Synod. By their acceptance of the charter of the Society of The Astral Star, each subordinate organization specifically acknowledges and agrees that the decision of the General Synod shall be final.

E) Except in the case of discipline initiated thereby, the Executive Council shall review appeals of disciplinary matters solely to ensure that the parties thereto were afforded due process and that the decision appealed from was consistent with this Constitution, General Order Administrative Regulations (By-Laws) and Rituals of the General Order.

5) In the event that the charter of a State See or a subordinate organization in a state that has no State Curia is suspended, the Executive Council is authorized and empowered to take such steps as are necessary to take possession, control and custody of all books, records, and assets and to provide for the supervision, government and administration of such organization.

6) Upon final resolution of the matter, the Executive Council shall either return all properties previously impounded to said subordinate organization, or, if said matter results in the revocation or cancellation of the charter of said subordinate organization, dispose of the books, records, and assets of said organization in accordance with both the law of the state wherein said organization is located and the Constitution of that State Curia, provided, however, that should the charter of a State See be canceled or revoked, disposition of the books, records and assets of said same shall be in accordance with state law and the direction of the Executive Council.

SECTION 3: [EXECUTIVE COUNCIL & GENERAL SYNOD]

1) Officers shall be subject to discipline, including censure, reprimand, impeachment (removal from office) or expulsion from the Order only upon proof of good cause.

2) Allegation(s) of misconduct against an officer in respect to his/her duties as an officer shall only be brought by a member of the Executive Council or General Synod. Said allegation(s) shall be in writing and notice thereof shall be served upon the officer against whom the allegation(s) are made and the Fourth Adept (Secretary), provided, however, that if such allegation(s) are made against the Fourth Adept (Secretary), said allegation(s) shall be served upon the Third Adept (Chancellor). Said allegation(s) shall specifically describe the nature of the alleged misconduct in sufficient detail for a determination by the Executive Council as to whether there exists good cause to proceed with the inquiry.

3) Upon service of the allegation(s) on the affected officer and the Fourth Adept (Secretary) (or Third Adept (Chancellor), as the case may be), copies of the allegation(s) shall be distributed to each member of the Executive Council. The officer against whom the al1egation(s) are made shall, within thirty (30) days of receipt of the allegation(s), prepare a response thereto and serve said response upon the Fourth Adept (Secretary) (or Third Adept (Chancellor), as the case may be), which response shall be distributed to each member of the Executive Council. The Secretary or Chancellor, in the event that the allegation(s) pertain to the National Secretary, shall forward to each National Trustee an anonymous ballot upon which each National Trustee shall indicate, after reviewing the allegation(s) and the response thereto, whether he believes that there exists good cause to proceed with the inquiry. Said ballots shall be returned to the national officer from whom they are received and shall be counted and the results thereof certified to the Chainnan of the National Trustees (unless he is the national officer against whom the allegations are made, in which case the results shall be certified to the National President). The ballots shall be retained until the resolution of the matter.

4) Upon receipt by the Third Adept (Chancellor) of the certified results of the ballot, said officer shall determine whether good cause to proceed further with the inquiry was found by the Executive Council. A two-thirds (2/3) vote of all of the members of the Executive Council shall be necesary for a finding of good cause to proceed further with the inquiry. The Chief Adept (President) shall either (1) immediately cause the Third Adept (Chancellor) to (or shall himself) distribute to each member of the Executive Council notice that good cause was not found to proceed with an inquiry, or (2) certify to the Chief Adept (President) (or to the Second Adept (Vice President) in the event that the allegations are made against the Chief Adept (President)) that good cause has been found to proceed with further inquiry. The President (or Vice President) shall declare an emergency, call a meeting of the Executive Council and ensure that notice thereof is given in accordance with Article 4 of this Constitution within forty-five (45) days of said notice.

5) The emergency meeting of the Executive Council shall be held for the purpose of resolving the charges against the officer and there shall occur a disciplinary hearing thereon before the Executive Council at which the charged officer shall be entitled to counsel and shall be afforded due process to the same extent afforded members and subordinate organizations herein. The President, shall preside over such disciplinary hearing and shall resolve all questions of procedure and evidence. In the event that the charges are against the President, then the Vice-President shall preside.

6) No disciplinary action shall be taken upon a officer except upon three-fourths (3/4) vote of the Executive Council entitled to vote.

7) An officer against whom discipline is imposed in accordance herewith shall be entitled to appeal the decision of the Executive Council to the next Pentennial Conference of the General Synod. By taking the pledge of office, each officer acknowledges and agrees that until and unless reversed by the Pentennial Conference, however, the decision of the General Synod shall be final.

A) An appeal by an officer shall be made by filing notice thereof with the Fourth Adept (Secretary) within thirty (30) days of the decision of the Executive Council.

B) The officer taking the appeal shall be permitted to address the Pentennial Conference for such time as the Chair shall deem appropriate and the Chairman shall be permitted an equal amount of time to respond thereto.

8) Any member of the Executive Council who brings an allegation against another officer which allegation is found to be brought frivolously or for personal gain shall, himself, be subject to discipline by the Executive Council and/or the General Synod.

<--- GoTo 'Article VII' / finis - 'Article VIII' / GoTo 'Article IX' --->

OAB CONSTITUTION & LAW PAGE UTILITIES

GOTO the TOP of THIS Page.

GOTO the OAB CONSTITUTION Page.

DOWNLOAD OAB CONSTITUTION:

The Text for the complete Constitution of The Society of The Astral Star (in the outer), being the Order of The Star of Bethlehem (in the inner), as a downloadable .pdf file.

GOTO the CRUX MYSTICA Page.

GOTO the Astral Star HOME Page.


The Society of The Astral Star Sponsored On-Line By:

Society of The Astral Star: OAB GraphicHome Pages: DotRegistrar GraphicVia: Domain.ComDomainDotCom Graphic

Shopping Cart: TomatoCart GraphicE-Groups: Yahoo!Groups Graphic


MAILING ADDRESS:

The Society of The Astral Star, Inc. / P.O. Box 1482 / Georgetown / KY / 40324


İ1993-2017; The Order of The Star Of Bethlehem.


OAB Constitution Art. 8 Pg. has received hits!

For questions or comments regarding this site contact the Web Staff.

***Finis: End Page***