Declaration of Trust/Text

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DECLARATION OF TRUST

BY THE NATIONAL SPIRITUAL ASSEMBLY OF THE BAHA’IS OF THE UNITED STATES

BY-LAWS OF A LOCAL SPIRITUAL ASSEMBLY

Printed in U.S.A.

[Page 1]DECLARATION OF TRUST

BY THE NATIONAL SPIRITUAL ASSEMBLY OF THE BAHA’IS OF THE UNITED STATES

BY-LAWS OF A LOCAL SPIRITUAL ASSEMBLY

BAHA’I PUBLISHING TRUST WILMETTE, ILLINOIS

[Page 2]DECLARATION OF TRUST

By the National Spiritual Assembly of the Bahá’ís of the United States and Canada

We, Allen B. McDaniel of Washington, D. C., Horace Holley of New York City, N. Y., Carl Scheffler of Evanston, Ill., Roy C. Wilhelm of West Englewood, N. J., Florence Morton of Worcester, Mass., Amelia Collins of Princeton, Mass., Ali-Kuli Khan of New York City, N. Y., Mountfort Mills of New York City, N. Y., and Siegfried Schopflocher of Montreal, Quebec, Canada, duly chosen by the representatives of the Bahá’ís of the United States and Canada at the Annual Meeting held at San Francisco, Calif., on April 29, April 30, May 1, and May 2, 1926, to be the National Spiritual Assembly of the Bahá’ís of the United States and Canada, with full power to establish a Trust as hereinafter set forth, hereby declare that from this date the powers, responsibilities, rights, privileges and obligations reposed in said National Spiritual Assembly of the Bahá’ís of the United States and Canada by Bahá’u’lláh, Founder of the Bahá’í Faith, by ‘Abdu’l-Bahá, its Interpreter and Exemplar, and by Shoghi Effendi, its Guardian, shall be exercised, administered and carried on by the above-named National Spiritual Assembly and their duly qualified successors under this Declaration of Trust.

The National Spiritual Assembly in adopting this form of association, union and fellowship, and in selecting for itself the designation of Trustees of the Bahá’ís of the United States and Canada, does so as the administrative body of a religious community which has had continuous existence and responsibility for over eighteen years. In consequence of these activities the National Spiritual Assembly is called upon to administer such ever-increasing diversity and volume of affairs and properties for the Bahá’ís of the United States and Canada, that we, its members, now feel it both desirable and necessary to give our collective functions more definite legal form. This action is taken in complete unanimity and with full recognition of the sacred relationship thereby created. We acknowledge in behalf of ourselves and our successors in this Trust the exalted religious standard established by Bahá’u’lláh for Bahá’í administrative bodies in the utterance: “Be ye Trustees of the Merciful One among men”; and seek the help of God and His guidance in order to fulfill that exhortation.

April 4, 1927

[Page 3]RESOLUTION BY THE NATIONAL SPIRITUAL ASSEMBLY

WHEREAS the first Annual Convention of the Bahá’ís of Canada, on April 24, 1948 duly elected the National Spiritual Assembly of the Bahá’ís of Canada; and

WHEREAS the fortieth Annual Convention of the Bahá’ís of the United States on April 30, 1948 duly elected the National Spiritual Assembly of the Bahá’ís of the United States; and

WHEREAS said Conventions were duly authorized by the Guardian of the Bahá’í Faith and empowered by the Bahá’í administrative principles to elect their respective National Spiritual Assemblies; and

WHEREAS in consequence of the foregoing it is now necessary to amend the Declaration of Trust and By-Laws hereinafter described;

THEREFORE BE IT RESOLVED by the National Spiritual Assembly of the Bahá’ís of the United States that from the date of its election, April 30, 1948, said Assembly shall henceforth exercise within the United States, its territories and dependencies, all the functions and powers formerly vested in the National Spiritual Assembly of the Bahá’ís of the United States and Canada, as successor body thereto. and hold title to and possession of all funds, properties and trusts of national Bahá’í character existing within the United States, its territories and dependencies on and after April 30, 1948; and

BE IT FURTHER RESOLVED that the Declaration of Trust by the National Spiritual Assembly of the Bahá’ís of the United States and Canada as adopted at New York, N. Y., on April 4, 1927, other than the Preamble thereto, and its By-Laws as from time to time amended be and the same hereby are amended by substituting the name “National Spiritual Assembly of the Bahá’ís of the United States” for the name “National Spiritual Assembly of the Bahá’ís of the United States and Canada” wherever the same appears therein, and by deleting the words “and Canada” wherever such words now appear in said Declaration of Trust and By-Laws; that said By-Laws be further amended by deleting the word “Provinces” and the word “Province" wherever the same appear and by substituting for the word “Province” in Section 2 of Article VIII the words “Territory or Federal District”; so that said Declaration of Trust and By-Laws shall henceforth be the Declaration of Trust and By-Laws of the National Spiritual Assembly of the Bahá’ís of the United States.

DOROTHY K. BAKER, Chairman PAUL E. HANEY, Vice-Chairman HORACE HOLLEY, Secretary

EDNA M. TRUE, Recording Secretary PHILIP G. SPRAGUE, Treasurer ELSIE AUSTIN

WM. KENNETH CHRISTIAN

AMELIA E. COLLINS

LEROY IOAs

[Page 4]4 DECLARATION OF TRUST

Article I

The name of said Trust shall be the National Spiritual Assembly of the Bahá’ís of the United States.

Article II

Sharing the ideals and assisting the efforts of our fellow Bahá’ís to establish, uphold and promote the spiritual, educational and humanitarian teachings of human brotherhood, radiant faith, exalted character and selfless love revealed in the lives and utterances of all the Prophets and Messengers of God, Founders of the world’s revealed religions—and given renewed creative energy and universal application to the conditions of this age in the life and utterances of Bahá’u’lláh—we declare the purposes and objects of this Trust to be to administer the affairs of the Cause of Bahá’u’lláh for the benefit of the Bahá’ís of the United States according to the principles of Bahá’í affiliation and administration created and established by Bahá’u’lláh, defined and explained by ‘Abdu’l-Bahá, and amplified and applied by Shoghi Effendi and his duly constituted successor and successors under the provisions of the Will and Testament of ‘Abdu’l-Bahá.

These purposes are to be realized by means of devotional meetings; by public meetings and conferences of an educational, humanitarian and spiritual character; by the publication of books, magazines and newspapers; by the construction of temples of universal worship and of other institutions and edifices for humanitarian service; by supervising, unifying, promoting and generally administering the activities of the Bahá’ís of the United States in the fulfillment of their religious offices, duties and ideals; and by any other means appropriate to these ends, or any of them.

Other purposes and objects of this Trust are:

a. The right to enter into, make, perform and carry out contracts of every sort and kind for the furtherance of the objects of this Trust with any person, firm, association, corporation, private, public or municipal or body politic, or any state, territory or colony thereof, or any foreign government; and in this connection, and in all transactions under the terms of this Trust, to do any and all things which a co-partnership or natural person could do or exercise, and which now or hereafter may be authorized by law.

b. To hold and be named as beneficiary under any trust established by law or otherwise or under any will or other testamentary instrument in connection with any gift, devise, or be [Page 5]DECLARATION OF TRUST 5

quest in which a trust or trusts is or are established in any part of the world as well as in the United States; to receive gifts, devises or bequests of money or other property.

c. All and whatsoever the several purposes and objects set forth in the written utterances of Bahá’u’lláh, ‘Abdu’l-Bahá and Shoghi Effendi, under which certain jurisdiction, powers and rights are granted to National Spiritual Assemblies.

d. Generally to do all things and acts which in the judgment of said Trustees, i.e., the National Spiritual Assembly of the Bahá’ís of the United States, are necessary, proper and advantageous to promote the complete and successful administration of this Trust.

Article III

SECTION 1. All persons, firms, corporations and associations extending credit to, contracting with or having any claim against the Trustees, i.e., the National Spiritual Assembly, and the members thereof, of any character whatsoever, whether legal or equitable and whether arising out of contract or tort, shall look solely to the funds of the Trust and to the property of the Trust estate for payment or indemnity, or for the payment of any debt, damage, judgment or decree or any money that may otherwise become due or payable from the Trustees, so that neither the Trustees nor any of them, nor any of their officers or agents appointed by them hereunder, nor any beneficiary or beneficiaries herein named shall be personally liable therefor.

SECTION 2. Every note, bond, proposal, obligation or contract in writing or other agreement or instrument made or given under this Trust shall be explicitly executed by the National Spiritual Assembly, as Trustees by their duly authorized officers or agents.

Article IV

The Trustees, i.e., the National Spiritual Assembly, shall adopt for the conduct of the affairs entrusted to them under this Declaration of Trust, such by-laws, rules of procedure or regulations as are required to define and carry on its own administrative functions and those of the several local and other elements composing the body of the Bahá’ís of the United States, not inconsistent with the terms of this instrument and all in accordance with the explicit instructions given us to date by Shoghi Effendi, Guardian of the Cause of Bahá’u’lláh, which instructions are already known to the Bahá’ís of the United States and accepted by them in the government and practice of their religious affairs.

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Article V

The central office of this Trust shall be located in the Village of Wilmette, State of Illinois, United States of America, the site of the Bahá’í House of Worship.

Article VI

The seal of this Trust shall be circular in form, bearing the following description:

National Spiritual Assembly of the Bahá’ís of the United States. Declaration of Trust, 1927.

Article VII

This Declaration of Trust may be amended by majority vote of the National Spiritual Assembly of the Bahá’ís of the United States at any special meeting duly called for that purpose, provided that at least thirty (30) days prior to the date fixed for said meeting a copy of the proposed amendment or amendments is mailed to each member of the Assembly by the Secretary.

[Page 7]BY-LAWS OF THE NATIONAL SPIRITUAL ASSEMBLY

Article I

The National Spiritual Assembly, in the fulfillment of its sacred duties under this Trust, shall have exclusive jurisdiction and authority over all the activities and affairs of the Bahá’í Cause throughout the United States, including paramount authority in the administration of this Trust. It shall endeavor to stimulate, unify and coordinate the manifold activities of the local Spiritual Assemblies (hereinafter defined) and of individual Bahá’ís in the United States and by all possible means assist them to promote the oneness of mankind. It shall be charged with the recognition of such local Assemblies, the scrutiny of all membership rolls, the calling of the Annual Meeting or special meetings and the seating of delegates to the Annual Meeting and their apportionment among the various electoral districts. It shall appoint all national Bahá’í committees and shall supervise the publication and distribution of Bahá’í literature, the reviewing of all writings pertaining to the Bahá’í Cause, the construction and administration of the Mashriqu’l-Adhkár and its accessory activities, and the collection and disbursement of all funds for the carrying on of this Trust. It shall decide whether any matter lies within its own jurisdiction or within the jurisdiction of any local Spiritual Assembly. It shall, in such cases as it considers suitable and necessary, entertain appeals from the decisions of local Spiritual Assemblies and shall have the right of final decision in all cases where the qualification of an individual or group for continued voting rights and membership in the Bahá’í body is in question. It shall furthermore represent the Bahá’ís of the United States in all their cooperative and spiritual activities with the Bahá’ís of other lands, and shall constitute the sole electoral body of the United States in the formation of the Universal House of Justice provided for in the Sacred Writings of the Bahá’í Cause. Above all, the National Spiritual Assembly shall ever seek to attain that station of unity in devotion to the Revelation of Bahá’u’lláh which will attract the confirmations of the Holy Spirit and enable the Assembly to serve the founding of the Most Great Peace. In all its deliberation and action the National Assembly shall have constantly before it as Divine guide and standard the utterance of Bahá’u’lláh: 7

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“It behooveth them (i.e., Spiritual Assemblies) to be the trusted ones of the Merciful among men and to consider themselves as the guardians appointed of God for all that dwell on earth. It is incumbent upon them to take counsel together and to have regard for the interests of the servants of God, for His sake, even as they regard their own interests, and to choose that which is meet and seemly.”

Article II

The Bahá’ís of the United States, for whose benefit this Trust is maintained, shall consist of all persons resident in the several States, Territories or Federal Districts of the United States who are accepted by the National Spiritual Assembly as fulfilling the requirements of membership in the Bahá’í Community under the following qualifications set forth by the Guardian of the Faith:

a. Full recognition of the station of the Báb as Forerunner, of Bahá’u’lláh as Author and of ‘Abdu’l-Bahá as 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 ‘Abdu’l-Bahá’s sacred Will; and close association with the spirit as well as the form of Bahá’í Administration throughout the world.

b. Attainment of the age of 21 years.

c. Declaration of faith to, and enrollment by, the local Spiritual Assembly if resident in the area of jurisdiction of any local Assembly recognized by the National Spiritual Assembly.

d. Declaration of faith to the National Spiritual Assembly on the membership form provided for those residing outside any such area of local Bahá’í jurisdiction.

Article III

The National Assembly shall consist of nine members chosen from among the Bahá’ís of the United States, who shall be elected by the said Bahá’ís in manner hereinafter provided, and who shall continue in office for the period of one year,.or until their successors shall be elected.

Article IV

The officers of the National Spiritual Assembly shall consist of a Chairman, Vice-Chairman, Secretary and 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 Assembly taken by secret ballot.

[Page 9]NATIONAL BY-LAWS 9 Article V

The first meeting of a newly-elected National Assembly shall be called by the member elected to membership by the highest number of votes or, in case two or more members have received the same said highest number of votes, then by 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 at a time and place to be fixed by a majority vote of the Assembly, as hereinafter provided.

Article VI

Five members of the National 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 National Assembly shall be recorded at each meeting by the Secretary, who shall supply copies of the minutes to the Assembly members after each meeting, and preserve the minutes in the official records of the Assembly.

Article Vll

Whenever in any localityof the United States, be it municipality, township or county, the number of Bahá’ís resident therein recognized by the National Spiritual Assembly exceeds nine, these may on April 21st of any year convene and elect by plurality vote a local administrative body of nine members, to be known as the Spiritual Assembly of the Bahá’ís of that community. Every such Spiritual Assembly shall be elected annually thereafter upon each successive 21st day of April. The members shall hold office for the term of one year and until their successors are elected and qualified.

When, however, the number of Bahá’ís in any authorized civil area is exactly nine, these may on April 21st of any year, or in successive years, constitute themselves the local Spiritual Assembly by joint declaration. Upon the recording of such declaration by the Secretary of the National Spiritual Assembly, said body of nine shall become established with the rights, privileges and duties of a local Spiritual Assembly as set forth in this instrument.

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SECTION 1. Each newly-elected local Spiritual Assembly shall at once proceed in the manner indicated in Articles IV and V of these By-Laws to the election of its officers, who shall consist of a Chairman, Vice-Chairman, Secretary and Treasurer, and such other officers as the Assembly finds necessary for the conduct of its business and the fulfillment of its spiritual duties. Immediately thereafter the Secretary chosen shall transmit to the Secretary of the National Assembly the names of the members of the newly-elected Assembly and a list of its officers.

SECTION 2. The general powers and duties of a local Spiritual Assembly shall be as set forth in the writings of Bahá’u’lláh, ‘Abdu’l-Bahá and Shoghi Effendi.

SECTION 3. Among its more specific duties, a local Spiritual Assembly shall have full jurisdiction of all Bahá’í activities and affairs within the local community, subject, however, to the exclusive and paramount authority of the National Spiritual Assembly as defined herein.

SECTION 4. Vacancies in the membership of a local 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 local Assembly impossible, the election shall be held under the supervision of the National Spiritual Assembly.

SECTION 5. The business of the local Assembly shall be conducted in like manner as provided for the deliberations of the National Assembly in Article VI above.

SECTION 6. The local Assembly shall pass upon and approve the qualifications of each member of the Bahá’í community before such members shall be admitted to voting membership; but where an individual is dissatisfied with the ruling of the local Spiritual Assembly upon his Bahá’í qualifications, such individual may appeal from the ruling to the National Assembly, which shall thereupon take jurisdiction of and finally decide the case.

SECTION 7. On or before the 1st day of November of each year the Secretary of each local Assembly shall send to the Secretary of the National Assembly a duly certified list of the voting members of the local Bahá’í community for the information and approval of the National Assembly.

SECTION 8. All matters arising within a local Bahá’í community which are of purely local interest and do not affect the national interests of the Cause shall be under the primary jurisdiction of the Spiritual Assembly of that locality; but decision whether a particular matter involves the interest and welfare of the national Bahá’í body shall rest with the National Spiritual Assembly.

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SECTION 9. Any member of a local Bahá’í community may appeal from a decision of his Spiritual Assembly to the National Assembly, which shall determine whether it shall take jurisdiction of the matter or leave it to the local Spiritual Assembly for reconsideration. In the event that the National Assembly assumes jurisdiction of the matter, its finding shall be final.

SECTION 10. Where any dissension exists within a local Bahá’í community of such character that it cannot be remedied by the efforts of the local Spiritual Assembly, this condition shall be referred by the Spiritual Assembly for consideration to the National Spiritual Assembly, whose action in the matter shall be final.

SECTION 11. All questions arising between two or more local Spiritual Assemblies, or between members of different Bahá’í communities, shall be submitted in the first instance to the National Assembly, which shall have original and final jurisdiction in all such matters.

SECTION 12. The sphere of jurisdiction of a local Spiritual Assembly, with respect to residential qualification of membership, and voting rights of a believer in any Bahá’í community, shall be the locality included within the civil limits of the municipality, township or county.

All differences of opinion concerning the sphere of jurisdiction of any local Spiritual Assembly or concerning the affiliation of any Bahá’í or group of Bahá’ís in the United States shall be referred to the National Spiritual Assembly, whose decision in the matter shall be final.

Article VIII

The members of the National Spiritual Assembly shall be elected at an annual meeting to be known as the National Convention of the Bahá’ís of the United States. This Convention shall be held at a time and place to be fixed by the National Assembly. The National Convention shall be composed jointly of representatives chosen by the Bahá’ís of each State, Territory or Federal District under the principle of proportionate representation, and the members of the National Spiritual Assembly.

Notice of the annual meeting shall be given by the National Assembly sixty days in advance in the Convention Call which sets forth the number of delegates assigned to the various electoral units in proportion to the number of Bahá’ís resident in each such unit, to a total number of one hundred seventy-one delegates for the Bahá’ís of the United States.

SECTION 1. All delegates to the Convention shall be elected by plurality vote. Bahá’ís who for illness or other unavoidable reasons

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are unable to be present at the election in person shall have the right to transmit their ballots to the meeting by mail. The meeting held in each State, Territory or Federal District for the election of delegates shall be called by the National Spiritual Assembly and conducted by the Bahá’ís present under whatever procedure may be uniformly laid down by said body. Immediately after the meeting a certified report of the election containing the name and address of each delegate shall be transmitted to the National Spiritual Assembly.

SECTION 2. All delegates to be seated at the Convention must be recognized Bahá’ís and residents of the State, Territory or Federal District represented by them.

SECTION 3. The rights and privileges of a delegate may not be assigned nor may they be exercised by proxy.

SECTION 4. The recognition and seating of delegates to the National Convention shall be vested in the National Spiritual Assembly.

SECTION 5. Delegates unable to be present in person at the Convention shall have the right to transmit their ballots for election of the members of the National Assembly under whatever procedure is adopted by the National body.

SECTION 6. If in any year the National Spiritual Assembly shall consider that it is impracticable or unwise to assemble together the delegates to the National Convention, the said Assembly shall provide ways and means by which the annual election and the other essential business of the Convention may be conducted by mail.

SECTION 7. The presiding officer of the National Spiritual Assembly present at the Convention shall call together the delegates, who after roll call shall proceed to the permanent organization of the meeting. electing by ballot a chairman, a secretary and such other officers as are necessary for the proper conduct of the business of the Convention.

SECTION 8. The principal business of the annual meeting shall be consultation on Bahá’í activities, plans and policies, and the election of the nine members of the National Spiritual Assembly. Members of the National Assembly, whether or not elected delegates, may take a full part in the consultation and discussion but only delegates may participate in the election of Convention officers or in the annual election of the members of the national body. All action by the delegates, other than the organization of the Convention, the transmission of messages to the Guardian and the election of the National Assembly. shall constitute advice and recommendation for consideration

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by the said Assembly, final decision on all matters concerning the affairs of the Bahá’í Faith in the United States being vested solely in that body.

SECTION 9. The general order of business to be taken up at the Annual Convention shall be prepared by the National Spiritual Assembly in the form of an agenda, but any matter pertaining to the Bahá’í Faith introduced by any of the delegates may upon motion and vote be taken up as part of the Convention deliberations.

SECTION 10. The election of the members of the National Spiritual Assembly shall be by plurality vote of the delegates recognized by the outgoing National Spiritual Assembly, i.e., the members elected shall be the nine persons receiving the greatest number of votes on the first ballot cast by delegates present at the Convention and delegates whose ballot has been transmitted to the Secretary of the National Spiritual Assembly by mail. In case, by reason of a tie vote or votes, the full membership is not determined on the first ballot, then one or more additional ballots shall be taken on the persons tied until all nine members are elected.

SECTION 11. All official business transacted at the National Convention shall be recorded and preserved in the records of the National Assembly.

SECTION 12. Vacancies in the membership of the National Spiritual Assembly shall be filled by a plurality vote of the delegates composing the Convention which elected the Assembly, the ballot to be taken by correspondence or in any other manner decided upon by the National Spiritual Assembly.

Article IX

Where the National Spiritual Assembly has been given in these By-Laws exclusive and final jurisdiction, and paramount executive authority, in all matters pertaining to the activities and affairs of the Bahá’í Cause in the United States, it is understood that any decision made or action taken upon such matters shall be subject in every instance to ultimate review and approval by the Guardian of the Cause or the Universal House of Justice.

Article X

Whatever functions and powers are not specifically attributed to local Spiritual Assemblies in these By-Laws shall be considered vested in the National Spiritual Assembly, which body is authorized to delegate such discretionary functions and powers as it deems necessary and advisable to the local Spiritual Assemblies within its jurisdiction.

[Page 14]14 NATIONAL BY-LAWS Article XI

In order to preserve the spiritual character and purpose of Bahá’í elections, the practice of nominations or any other electoral method detrimental to a silent and prayerful election shall not prevail, so that each elector may vote for none but those whom prayer and reflection have inspired him to uphold.

Among the most outstanding and sacred duties incumbent upon those who have been called upon to initiate, direct and coordinate the affairs of the Cause as members of local or national Spiritual Assemblies are: To win by every means in their power the confidence and affection of those whom it is their privilege to serve; to investigate and acquaint themselves with the considered views, the prevailing sentiments and the personal convictions of those whose welfare it is their solemn obligation to promote; to purge their deliberations and the general conduct of their affairs of self-contained aloofness, the suspicion of secrecy, the stifling atmosphere of dictatorial assertiveness and of every Word and deed that may savor of partiality, self-centeredness and prejudice; and while retaining the sacred right of final decision in their hands, to invite discussion, ventilate grievances, welcome advice, and foster the sense of inter-dependence and copartnership, of understanding and mutual confidence between themselves and all other Bahá’ís.

Article XII

These By-Laws may be amended by majority vote of the National 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.

Note: The above By-Laws include all amendments adopted by the National Spiritual Assembly to July 16, 1949.

[Page 15]BY-LAWS OF A LOCAL SPIRITUAL ASSEMBLY

Article I

The Trustees, i.e., the Spiritual Assembly, 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 teachings 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 this Corporation for the benefit of the Bahá’ís of . . . in accordance with the religious teachings and administrative principles of this 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 and published by that body 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’í community 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, in its relation to the Guardian of the Bahá’í Faith, 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 pass upon the right of any and all members of the community whose membership is in question to retain their status as voting members of the community. It shall call the meetings of the community, including the Bahá’í

15

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Anniversaries and Feasts, the Meetings of consultation, and the annual meeting at which the members of the 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 or 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 Bahá’í body. 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’í community of . . . are national in scope and hence subject to the jurisdiction of the National Bahá’í body. 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 interests. It shall, on the other hand, have the authority and right to appeal from the decision of the National Assembly to the Guardian of the Bahá’í Faith 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, respecting the relations of Bahá’ís to one another in the community, and the relationships of Bahá’ís to all non-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 Bahá’u’lláh, 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 and sustained by the National Spiritual Assembly. It shall cooperate wholeheartedly with other local Spiritual Assemblies

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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 politics and civil jurisdiction. It shall encourage intercourse between the Bahá’í community of . . . 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 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 advice 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 resident in . . . who are recog nized by the Spiritual Assembly as having fulfilled the requirements of voting membership in this local Bahá’í community. To become a voting member of this Bahá’í community a person shall

a. Be a resident of . . . as defined by the area of jurisdiction of the Spiritual Assembly, as provided hereinafter in this instrument.

b. Have attained the age of 21 years.

c. Have established to the satisfaction of the Spiritual Assembly, subject to the approval of the National Spiritual Assembly, that he (or she) possesses the qualifications of Bahá’í Faith and practice required under the following standard: Full recognition of the Station of the Fore—runner (the Báb), the Author (Bahá’u’lláh), and ‘Abdu’l-Bahá the Exemplar of the Bahá’í religion; unreserved acceptance of, and submission to, whatsoever has been revealed by Them; loyal and steadfast adherence to every clause of ‘Abdu’l-Bahá’s sacred Will and Testament; and close association with the spirit as well as the form of Bahá’í administration throughout the world.

Article VI

The Spiritual Assembly shall consist of nine Trustees chosen from among the Bahá’ís of . . ., who shall be elected by these Bahá’ís

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in a manner hereinafter provided and who shall continue in office for the period of one year, or until their successors shall be elected.

Article VI!

The officers of the Spiritual Assembly shall consist of a Chairman, Vice-Chairman, Secretary and 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 Assembly shall be called by the member elected to membership by the highest number of votes or. in case two or more members have received the same said highest number of votes, then by 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 April 21, in accordance with the administrative principles recognized by all Bahá’í Assemblies.

SECTION 1. Five members of the 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 qualification of membership, and voting rights of a

[Page 19]LOCAL BY-LAWS 19

believer in the Bahá’í community, shall be the locality included within the civil limits of . . . .

Article X

SECTION 1. In the event that any decision of the 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 Bahá’í body and notify that body of the condition of the matter and the readiness of the Assembly to become party to the appeal.

SECTION 2. In the same manner, if any difference arises between the Assembly and another local Assembly, or Assemblies, in the United States, the Assembly shall report the matter to the national Bahá’í body and inform that body of its readiness to make joint appeal together with the other Assembly or Assemblies.

SECTION 3. If, however, the result of such 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’í community of . . ., it shall, after seeking to compose its difference of opinion with the national body in direct consultation, have the right to make appeal to the Guardian of the Faith.

SECTION 4. The 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 local Assembly.

Article XI

The Annual Meeting of the Corporation at which its Trustees shall be elected shall be held on April 21, at an hour and place to be fixed by the 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 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 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 Assembly shall prepare an agenda for the

[Page 20]20 LOCAL BY-LAWS

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 presentatioh 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 Assembly.

Article XII

In addition to the Annual Meeting, the Assembly shall arrange for regular meetings of the Bahá’í community throughout the year at intervals of nineteen days, in accordance with the calendar incor 1

porated 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 . . ., Corporate Seal.

Article XIV

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.

With amendments adopted by the National Spiritual Assembly to July 16, 1949.

[Page 21]INDEX [0

DECLARATION OF TRUST

Amendment of Trust...................... Contracts Funds: rightofcollection..................... Government of affairs: source Office.1ocation.......................... Power: reasonfor............................ source of Responsibility of Trustees; legal................................ Seal.................................... Trust: legalrightof......................... methodsoffulfillment................. name of.............................

Object and purpose..................... Trustees:

National Spiritual Assembly as . . . . . . . . . .

INDEX

[0

"By-Laws of the National Spiritual Assembly."

Amendments Appeal ................................. membership ultimate decisions..................... voting right Convention, (National) . . . . . . . . . agenda of............................ by mail.............................. delegates; Absentee voting howelected....................... numberof.........................

residencyof....................... seatingof......................... organization of purposesof........................... recordsof............................

Article VII

II

IV V

II IV

III VI

II II I

II II

III

Article XII

VII

VIII VIII

VIII VIII VIII VIII VIII VIII VIII VIII VIII

Section "a"

n

Paragraph

ubu

and II

..1..

"3 VI "2"

.. ..1..

Section "c" .. .. 2..

Section 9 .. 6 .. 6 " 9 .. 6

Paragraph Section

F-I D-|G><l>F[\D(’a3N)>-‘U1

[Page 22]National Spiritual Assembly, continued:

Convention(State);....................... Criterion of N. S. A. Dissension:

between local spiritual assemblies . . ... ..

within community..................... Elections;

local spiritual assembly

national spiritual assembly . . . . . . . . .. . . .

spiritual nature of..................... Functions of National Spiritual Assembly: outline Guardian: Universal House of Justice: ultimate review Local affairs Local Spiritual Assembly: appeal from.......................... dissensionsbetween.................... dissensionswithin election

jurisdiction of local affairs........................... officers of operation organization

by declaration...................... powers and duties powers and duties

special powers delegated ..... .......... ,

vacanciesin Membership, Bahá’í:

requirements for National Spiritual Assembly:

appeal to

callingofmeetings.....................

committees criterion decision subject to review .............., duties of(spiritual)..................... election

functions

Article VIII I (last paragraph)

u

VII VII

VII VII XI III VIII VIII XI XI

.. 1 Section 11

" 10 Paragraph 1

Section 1

Paragraph 1 " 6.10

I (1st paragraph)

IX VII

V11 V11 VII V11 V11 XI VII VII VII VII VII VII VII VII VII XI X VII

VII

VIII

IX

III VIII VIII XI

Section 8

u 6 ' 9

" 11

" 10 Paragraph 1 Section 1

" 3, 1 2

.. 8

.. 1

" 5 Paragraph 1 Section 1 Paragraph 2 Section 2 Section '7

.. 4

u 6 I 9

Paragraph 1, 2

Paragraph 1 Section 6. 10

[Page 23]National Spiritual Assembly, continued:

minutes of.............................Article V1

officersof............................. " IV period ofoffice........................ " III quorum............................... " VI vacanciesin........................... " VIII " 12 Residential: qualifications of: delegates.............................. " VIII " 2 local members......................... " VII " 12

members of National Spiritual Assembly, , , " III

INDEX

[0

"By-Laws of the Local Spiritual Assembly." Amendments............................. Article XIV Annual meeting " VIII; Article IX

absenteevoting....................... " XI Section 1 ageI1da............................... " X1 " 4 date " VIII; Article X1 reports............................... " XI Section 4.5

Appeal: by Assembly.......................... " III

complaintof.......................... " X " 4 individuals........................... " III

" x " 1 toGuardian........................... " X " 3

Consultation: annual meeting....................... " X1 " 4 withcommunity....................... " IV with National Spiritual Assembly . . . . . . . . " X " 3 Committees; appointmentof.............,......... " III reportsof............................. " XI " 4 Community;

aged " Iv children.............................. " IV consultationof " IV

" III

" XI " 4 membership " III orphans.............................. " IV poorof.............................. " IV relationships.......................... " IV representatives........................ " 111 sickof............................... " IV unity " IV

Corporation;

seal of............................... " XIII

amendmemsof....................... " XIV

[Page 24]Local Spiritual Assembly, continued;

Criterion. Bahá’í: for membership Election: absentee voting....................... annuaI...............................

method

clualified............................. report

Feast. 19 Day

Guardian: appealto

Local Spiritual Assembly: appealby............................ committees .......................... functions(outline guidance of headquarters.......................... jurisdiction........................... meetings. call

membership rolls...................... minutes ............................. National Spiritual Assembly, over . . . . . . . non—Bahá’ís .......................... officers period ofoffice....................... primaryduty.......................... cluestionsbetween..................... quorum.............................. representatives responsibilities trustees.............................. vacancies............................ Membership: age.................................. criterionof........................... of Local Spiritual Assembly....... . .,... residency............................. National Spiritual Assembly: complaintto.......................... consultationwith...................... reportto.............................

supportdirectives Non-Bahá’ís............................. Politics................................. Residency Teaching:

accuracy of

children

Article IV