Clan Brodie of the America's

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Constitution

18.IX.2005

I. The Group shall be called:

Clan Brodie of the America's

The Official SGroup as recognised by The Clan Chief, the Brodie of Brodie
The Group branches shall further add the appropriate regional designation to the name.

II. Objectives of the Group:

The Group shall be non-sectarian, non-political, and non-partisan.

The objects of the Group shall be:
  • (a) fostering clan sentiment
  • (b) honouring of distinguished clans folk
  • (c) collecting and preservation of records and traditions bearing on the history of the clan
  • (d) to encourage and assist members in tracing their family trees (but only in the genealogy of the Brodie name, or its septs)
  • (e) Participating in Celtic Events
  • (f) Provide Educational Opportunities
The Groups Branches may have further objectives to the above list.

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III. Group Branches

All members of the Group shall be members of the Group Branch they subscribe to. Members may be members of more than one Group Branch. The Group Branches are responsible for their own organization. The Group Branches must have a set of Rules to define and set out their organization. These Rules are hereto referred to as ‘Rules’ for the sake of clarity, but the Society Branches may term them by another appellation; e.g.: Constitution, Law, Code, etc. Society Branches may have committees and define their own offices, but the names and office must not conflict with those of this Constitution hereto. Group Branches must have an elected presiding office, usually a ‘President’. The electorate of a President must be by and from the Group Branches members.

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IV. Qualification of Membership

Membership shall consist of persons bearing the surnames of the Clan and its septs, and any children of the aforesaid.
The Group Branches may widen the above criteria.
The Clan Chief may be made honorary member of each Group Branch with Commissioner.

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V. Membership Fees

The Group Branches are responsible for their membership fees.

VI. Finance

The Group Branches are responsible for their own finances. The Society Branches must keep proper books of account. These accounts should be made available to their members and the High Council.

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VII. The High Council

The High Council shall consist of:

(a) The Hereditary Clan Chief;
(b) The Commissioners and High Commissioners
(c) Brodie Armigers.
(d) Distinguished Brodies.

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VIII. The Hereditary Clan Chief

The Hereditary Clan Chief, the Brodie of Brodie, is an automatic member who cannot resign or be removed. If the Chief is under the age of 14 his legal guardian may represent him, or, should the legal guardian decline this post, the Commissioners may elect a Chief High Councillor from their number, and this until the Chief attains the age of 14. The said Chief High Councillor is deemed to “be the protector of the child Chief’s interest” and may represent the Chief in the High Council

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IX. The Commissioners and High Commissioners

The Commissioners are the recognised Presidents of the Society Branches. In order to be recognised, the President of a Society Branch must Petition the High Council ‘for Recognition’. This Petition must include the Petitioning Branches Rules, its latest accounts, and confirmation that articles I, II, III, IV, V and VI of this Constitution has been adopted. A new Petition for Recognition must be made every time a Society Branch has a new President or makes changes to its Rules.
High Commissioners are Commissioners elected from and by the Commissioners of a region. High Commissioners are said to be the High Commissioners of that region. The said regions shall be:

Region Area Covered
(a) Americas comprising: North, South, and Central America.
(b) Europe comprising: East and West Europe.
(c)Australasia comprising: Australia, New Zealand, Asia, and the Pacific slands.

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X. Brodie Armigers

A Brodie who has registered his or her own coat of Arms and Crest, or inherited these according to the Laws of Arms in Scotland from an ancestor who had recorded them in the Lyon Register, can Petition the High Council ‘for Membership’. Armigers must however show an active participation in High Council decisions or face being removed from the Roll. Armigers may Petition or be petitioned to be removed from the Roll. Armigers may resign or be dismissed from the High Council by Petition (but may Petition again for membership).

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XI. Distinguished Brodies

A Brodie who is deemed to be distinguished or be of distinguished descent, may be accepted by the High Council as High Councillor. To accept a distinguished Brodie as member a High Councillor must Petition the High Council (with or without informing the person in question). High Councillor status is granted on the success of the Petition and the acceptance of office of the Distinguished Brodie. Once membership is granted such membership is treated as that of an Armiger.

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XII. The Roll

The Roll is an up to date list of all voting High Councillors. The Roll shall contain and list the names, titles, Regional Branches, emails and addresses of the voting High Councillors. It is the responsibility and duty of the High Commissioners to keep a proper inventory of the Roll. The Roll must be communicated from the High Commissioner to a High Councillor on request. Distinguished Brodies or Armigers who are High Councillors may Petitioned, or be petitioned, to be removed from the Roll. This removal would allow them to keep the designation of High Councillor yet remove them from High Council voting and other business. A High Councillor who has been removed from the Roll may Petition for reinstatement on the Roll.

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XIII. Decisions of the High Council

Unless otherwise stated, all official communication and decisions of the High Council shall be by Motion, Petition, Memo, or Amendment. The communication shall normally be done by email. The High Councillors must each have an official address (email) for this purpose. Official communication, and all voting, must be done from and to these official addresses. Only High Councillors can vote. Votes may be “Aye”, “Nay”, or “I pass”. If a High Councillor does not respond his vote is counted as “I pass”. The total vote is the sum total of “Aye” and “Nay” votes.

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XIV. Motions

A High Councillor may table a motion for the High Council. Motions are email requests for the official opinion / position / voice of the High Council. Example of the text of a Motion: “Motion to the High Council that we congratulate and thank the organisers of the Zanadu Highland Games for their excellent work.”. A Motion is tabled for up to 8 days, and if during this time the votes equal or exceeds 50% of the number of High Councillors, the Motion is deemed to of succeeded and may be acted on before the time has lapsed. Such a Motion is said to be ‘picked up’. Otherwise a motion succeeds on over 50% of the total vote. If a motion succeeds, the High Councillor may act on the request and speak for the High Council. If a Motion succeeds the decision is said to be unanimous regardless of the number of votes or opposing votes. Once the result is known, only the Motions result need be communicated by Memo (whether the motion fell, was picked up, or succeeded.).

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XV. Petitions

A High Councillor may lodge a Petition with the High Council. Petitions are emails for a decision on a, usually, internal matter. The Petitioner must send the Petition to all the other Councillors. The Petition shall be lodged for 15 days, and if after this time the votes equal or exceeds 50% of the total vote, the Petition is deemed to of succeeded and may be acted on. Petitions require the following format:
a) Title and Branch Name in brackets. E.g.: Petition for Recognition (US East)
b) Date (date lodged)
c) Full Description of petition’s request
d) Reason for the said request.
e) Name of High Councillor or President who is making request
f) Regional Branch making request (if applicable)
g) The words “intimation has been given:”, and a list of all High Councillors.
h) The words “for a decision on the above petition by:”, date 15 days after the b) date.

Once the result is known, the Petitions result, and how each High Councillor voted, must be communicated by Memo, and this by the Petitioner. The Petitioner has the responsibility of following through, and acting on, a successful Motion.

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XVI. Memos

A High Councillor may send a Memo to another or other High Councillor(s). Memos are emails discussing matters relating to the High Council or its Branches.

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XVII. Amendments

A High Councillor may lodge an Amendment. Amendments are sent by post and email for a change or changes to this Constitution. The Amendment shall be lodged for one month and one day. Amendments require 75% or more of the total vote to carry. The procedure of an Amendment is otherwise that of a Petition (with the obvious name changes, date changes etc.).

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