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Kappa Psi Pharmaceutical Fraternity, Inc.
Uniform Province By-Law (UPB) Guide 1
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General Rules in By-Law Writing
Format should mirror the Uniform Province By-Laws If the context doesn’t apply, do not add it in to that section General Rules of Thumbs Local Ordinances may not allow anything explicitly forbidden in the National Constitution & By-Laws Local Ordinances may not forbid anything required in the National Constitution & By-Laws Numbers required (to reach quorum, vote counts, etc) may only be more strict than what is required in the National Constitution & By-Laws For Example: If a minimum is required, only a higher minimum may be allowed If a maximum is required, only a lower maximum may be allowed
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General Rules in By-Law Writing
Avoid adding sections if not necessary, Sub-Sections may be added if needed Common Exceptions: Duties of committees or officers the Province has chosen to add that do not exist in the UPB Avoid adding unnecessary language It is assumed that all aspects of By-Law XIII (Local Ordinances) are additions to language in the UPB Unless the language is modified, do not re-write it into the local ordinances Any extra information can be written in to policy
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Ordinance I - Title General Language for No Additions:
Section 1 – This section defines the name of the Province and should always be edited to conform to the local context Section 2 – This section defines the right to incorporate and/or create corporations within the Province. Unless there are changes to this, do not add other information. General Language for No Additions: No additions to By-Law X, Sec. X of the Uniform Province By-Laws.
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Ordinance II – Composition of the Province
Section 1 – This section defines the composition of the province. This section generally should not be modified.
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Ordinance III – Dues & Assessments
Section 1 – This section defines the payments of chapters to the province for annual dues. It should define how the dues are set (if per capita), when they are due and if there are any fines for late payment. (Rule applies: Maximum of 2% per month fine) Section 2 – This section defines what shall happen if payments are not made and/or how to recover status. Exact fines should have been defined in Sec. 1. Section 3 – Defines how and when special assessments may be levied. (Rule: Vote must not be less than 2/3)
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Ordinance III – Dues & Assessments
Section 4 – This section discusses how notices of special assessments shall be provided and the timeframe. Section 5 – This section defines that special assessments must only be utilized for the reason that they were levied. In addition, it discussed how unused money will be redistributed.
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Ordinance IV – Province Assemblies & Interim Meetings
Section 1 – Describes the time and place of the meeting. This is the most appropriate place to put the rotation of the host chapter. Section 2 – This describes the method of notifying chapters about the time and place. This should only describe how the communication will take place. Section 3- Describes that the EC may postpone in the case of emergency. Section 4- This section allows for the conduction of Interim meetings of the Province EC. This applies only to meetings of the Province EC.
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Ordinance V – Composition of the Province Assembly
Section 1 – Discusses how the assembly is the highest entity in the province. This section also states that decisions of the province assembly may be appealed to the Grand Council or Alpha Chapter Section 2 – Discusses composition of the assembly which involved Collegiate Chapters, Graduate Chapters & the EC Section 3- Describes vote distribution. Generally should not be modified.
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Ordinance V – Composition of the Province Assembly
Section 4 – Discusses notification of delegate by the chapter to the province. Section 5 – Discusses right for chapters to proxy at the province meeting and the stipulations of the proxy form. Section 6 – Allows the province to provide reimbursement to delegates at a rate decided upon by the province. Section 7 – Allows the province to provide reimbursement to province officers.
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Ordinance V – Composition of the Province Assembly
Section 8 – Defines that GCDs act as non-voting members of the province and will have their registration fees waved, provided they are not sitting as a delegate or province officer. Section 9 – Defines the province’s duty to provide a forum where GCDs can exchange ideas.
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Ordinance VI – Officers: Election and Duties
Section 1 – This section outlines the provinces officers and their order of election. The province must include the listed officers in this by-law, but may also include additional officers determined at the province’s discretion. Section 2 – Defines the Province Supervisor(s) as Province officers, but as non-voting officers. Section 3 – Defines parameters for nomination and election of province officers. Defines their installation, terms and how to handle vacant offices.
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Ordinance VI – Officers: Election and Duties
Section 4 – Defines the duties of the Province officers as a whole. States that their duties are equivalent to those of the Grand Officers. It is preferred that extra duties not be written out unless required. If absolutely required, sub-sections may be created to define those additions not stated in the Constitutions & By-Laws Section 5 – Allows the Province EC to designate a chapter as the archivist or their site as the “Permanent Archives” If there is no desire to do this, just write “No Additions”
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Ordinance VII – Committees
Section 1 – Lists standing committees, these must include those listed in this by-law but may also include additional standing committees. Section 2 – Allows for special committees to be created as needed. It is not necessary to include non- standing committee titles, this section merely allows the right to form special committees. Section 3 – Defines the required number of members for the committees. The minimum may be three (3), more may be specified if desired.
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Ordinance VII – Committees
Section 4 – Defines the members of the Province Executive Committee and lists the Satrap as the chairman. Usually, it is unnecessary to change this By- Law. Section 5 – States that duties shall be the same as the national. If it is necessary to add additional duties or committees not listed in the National Constitution & By-Laws, it is advised to create Sub-Sections to this Section.
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Ordinance VIII – Delegate & Alternate Delegate to the Grand Council
Section 1 – This section is meant to define the means for selecting the Province Delegate and Alternate Delegate. It includes a provision to allow the Satrap to appoint another in their stead. Section 2 – States the means and timeline for the delegate to submit the written or electronic report to the province executive committee. Minimum time frame is 1 month prior. Section 3 – Defines reimbursement procedures and amount for the province delegate(s).
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Ordinance IX – Order of Business for Province Assemblies
Section 1 – This section defines the order of business to be followed at the province assemblies. The order listed here should be the same as the order listed on the province agendas.
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Ordinance X – Quorum Section 1 – This lays out the quorum required to conduct Province business. Since this is a convention of delegates, the quorum should be listed as a fraction of the total number of chapters. If the province so chooses, a greater percentage may be stipulated.
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Ordinance XI – Parliamentary Procedure
Section 1 – This section lays out Robert’s Rules of Order – Newly Revised as the parliamentary authority for governing meetings. Since this is defined in the UPB, this must be the guide of the Province. If they wish to add additional guides, they may due so in subordinate fashion to RRONR.
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Ordinance XII – Amendments
Section 1 – This section states that local ordinances must be subordinate to and in congruence with the Uniform Province By-Laws. There should be no need to add to this. Section 2 – This section defines how to amend the local ordinances at a province assembly. A minimum of 2/3 affirmative is required to approve amendments. There must be additions to this Section to define how amendments will be handled between assemblies.
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Ordinance XII – Amendments
Section 3 – This section states that any adopted amendments are in force upon adoption. However, if there is any question about an enforced adoptions, the action must be delayed until evaluation by the Grand Counselor. Section 4 – This allows a 120 day window to appeal to the Grand Counselor or Legislative committee any charges brought against a chapter for violating province ordinances not approved by the GC. Once by-laws have been approved by the GC, they are in effect and no question can be raised.
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Questions? If there are any questions about drafting By-Laws or amendments to local ordinances: Contact the Grand Counselor Ask for assistance from Province Supervisor(s) Discuss with members of the legislative committee
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