Knights of Columbus - Ask the State Advocate

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Questions to the State Advocate

John Pfister

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Our council has just been approved for a bingo license. We need to open a Bingo checking account. Are these funds still considered council funds and the account should be set up with the council Treasure, GK, & DGK, with the FS keeping records, or is it permissible to set this up with the Bingo Operator and Co-operators on a checking account? I think the By-Laws are pretty clear, but we have individuals that are in doubt about the By-Laws application to a Bingo Account.

If the Council is operating the bingo game then the funds have to be treated as Council funds - which means that they have to be turned over to the FS who then turns them over to the Treasurer. If some other entity is operating the bingo and paying the Council to use the council's license, then they funds don't have to be treated as Council funds per the bylaws. This would be where the Council is essentially renting out its license to a third party to use for a bingo they are running.

The Grand Knight in one of the councils in my district has had to leave the state for reasons of employment and is not likely to return for at least 4 or 5 months. He does not wish to resign his post and maintains excellent communications with the Deputy Grand Knight of that Council. The DGK has no objection to conducting meetings and performing the duties of the GK while he is away. Can the DGK properly continue to conduct all council business for the GK (presiding at meetings, signing Form-100's, audit reports, etc.) until the end of the fraternal year or does the GK need to be formally replaced either by election or appointment?

I have reviewed the bylaws and there is no definition in the bylaws as to when an officer is absent to the point that he must be replaced. The bylaws, section 92(b), does provide that you as the DD or the State Deputy can declare an office vacant which would require an election to replace the vacant spot. You will have to decide if what this Council is currently doing is sufficient to work for the remainder of this fraternal year or should you declare the office vacant and force an election. You may want to check the local council bylaws to see if there is a provision requiring an officer to not miss so many meetings. I have seen that before in some council bylaws. However, we dont' have copies of each Council's bylaws. Personally, I would think if the GK is unable for 4-5 months, that he should step aside and allow the DGK to perform the duties.

We have submitted a copy of the form for non-profit organizations where we are listed as 501c8 to an organization for possible contributions to our council so that the contribution will be deductible. Is this correct or the Knights have a different category where we can not receive donations.

You are correct that we are a 501(3)(c)(8) non profit fraternal organization. However, donations to us are NOT deductible. Only donations to 501(3)(c) organizations are deductible..like a church or charitable company. Sorry but donations to Knights of Columbus councils or Texas State Council are not deductible.

Can a DD serve as a council officer in a council that he supervises?

NO! A District Deputy may not serve in his council in any capacity if he is the District Deputy assigned to his council. If another District Deputy oversee his council, then a DD may serve as an officer in his council as he is then only a officer in that council and not a DD. However, is this not recommended and should only be done with the consent of the State Deputy.

I would like some guidelines to design a new set of bylaws for our Council.

I would start with what is wrong with the old set. If they are the model set given to you by supreme, then no real reason to change them. For a current model set, contact the supreme secretary's office. They should have a current model set. Per supreme bylaws, once the council votes to modify the bylaws, they do not become effective until approved by the Supreme Advocate. You will need to send the signed approved new bylaws to Paul Devon at the Supreme Advocate's office. They will get back with you if they have any objections or if they are ok with them.