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February 03, 2013

Young Israel Amends Constitution To Remove "Shul Stealing" Clause

Young Israel logoThe National Council of Young Israel has amended its constitution to allow member synagogues to resign from NCYI without penalty. Previously, synagogues had no legal way to resign, and dissolution (or expulsion from NCYI) resulted in NCYI gaining title to their buildings and assets. In other words, if a synagogue decided to close and disband or was expelled, the National Council of Young Israel took its buildings, property and assets.

Young Israel logo

200 Orthodox synagogues worldwide belong to the National Council of Young Israel and carry the Young Israel brand name. Most are located in the United States. 50 are located in Israel and less than 10 in Canada. (The Israeli synagogues, while affiliated with NCYI, are not under its control.)

I'm told the following amendment to NCYI's constitution passed by a margin of 67-1-1 on January 29. The original section 12.4 of NCYI's constitution was originally meant to stop Orthodox synagogues from joining the Conservative Movement, but it was allegedly misused by NCYI over the ensuing years:

The NCYI Constitution is hereby amended to delete the current version of Section 12.4 of the NCYI Constitution, which states that “[i]n the event that a branch is dissolved or expelled, all its assets, both personal and real, shall become the property of the Organization.”  Section 12.4 shall be amended to read: “Removed by Amendment Adopted Under Section 11.1 of the Constitution” and shall include the date on which this Amendment was effective.
 
The NCYI Constitution is further amended to add a new section, Section 12.8, as follows:
 
Sec. 12.8.  (a) Subject to the provisions of Sections 12.8(b) and 12.8(c), below, a branch may resign from membership in the Organization so long as the branch: (1) resigns from membership in the Organization in accordance with the constitution, bylaws, and governing provisions of the branch electing to resign; (2) provides written notice of its resignation to the Organization which sets forth how the branch’s decision to resign from the Organization complies with the constitution, bylaws, and governing provisions of the branch electing to resign; (3) together with its written notice, pays any dues and other monies owed to the Organization as of the date of the notice; (4) together with its written notice, agrees in writing to immediately cease using the name “Young Israel” in connection with its synagogue, in all formats and for all purposes, and provides signed documentation, in the form required by the law applicable to the branch and ready to be filed, that the branch is changing its name to a name that does not include, incorporate, or refer to “Young Israel.”
 
(b)  If a branch is: (1) no longer able to have services on every Sabbath; or (2) is in the process of seeking to dissolve, close, merge, or liquidate or dispose of its assets, that branch may not resign from membership in the Organization unless the branch complies with all of the requirements set forth in Section 12.8(a), above, presents to the Organization a written plan for disposition or liquidation of the assets of the branch, both personal and real, and that plan is consented to by a two-thirds vote of the members of the Board of Directors of the Organization present and voting at a meeting thereof, which consent shall not be unreasonably withheld.
 
(c)  Any assets of a branch, whether personal or real, shall become the Property of the Organization if: (1) any such assets would otherwise be forfeited to a state or government entity as a result of the dissolution, closure, merger, or liquidation of the branch; or (2) the branch seeks to dissolve, close, merge, or liquidate or dispose of its assets and that branch either consists of fewer than 40 member families or is no longer able to have services on every Sabbath, unless the branch presents to the Organization a written plan for dissolution, closing, or disposition or liquidation of the assets of the branch, both personal and real, and that plan is consented to by a two-thirds vote of the members of the Board of Directors of the Organization present and voting at a meeting thereof, which consent shall not be unreasonably withheld.
 
(d)  Branches whose constitution or bylaws includes a provision that is similar or identical to the previous version of Section 12.4 need not abide by that provision to the extent that it is inconsistent with Section 12.8 and may amend their constitution or bylaws to make that provision consistent with Section 12.8.

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The original section 12.4 of NCYI's constitution was originally meant to stop Orthodox synagogues from joining the Conservative Movement

Yes, because God forbid people should be allowed to do what they want to do. The concept of independent thought is barely intelligible to frum people, even to many of the Modern Orthodox, despite the manner in which the latter attempt to present themselves to the outside world. They're programmed for authoritarianism, and ultimately, the will of the individual or the subgroup must be subordinated to that of the hierarchy.

Good news, this way if a shul wants to become more frum the can move further to the right. As the haredi movement continues to grow more and more shuls become frum.

Here is such an example.

An unexpected partnership

How a Chabad group rescued a Conservative congregation, Temple Beth Israel, from extinction.

On November 29, a deal was signed in Deerfield Beach, Florida, which saved Temple Beth Israel, the giant Conservative congregation, from extinction. And the lifesavers were none other than Chabad Lubavitch. How an ultra-Orthodox group came to form a partnership with a Conservative shul is an compelling story for our time....

For more read http://www.jpost.com/Opinion/Op-EdContributors/Article.aspx?id=85990

Good news, this way if a shul wants to become more frum the can move further to the right. As the haredi movement continues to grow more and more shuls become frum.

Of course - to the frum, the rise of ignorance and repression is always a cause for celebration.

And how typical. You find an article about a dying congregation in a retirement community being appropriated by Chabad, and twist it to validate your desperate need to believe in your dead moshiach.

Just keep practicing your idolatry while civilization moves forward without you.

This amendment probably came about because of a recent court case where NCYI tried to takeover a orthodox synagogue in Syracuse NY.

The rabbi there is incredible. He and his wife have really dedicated their lives to communal leadership. I have known him since we were teens.
They had a great smorgasbord at their wedding.

I do wonder why this clause was ever initiated. Since Young Israels don't close very frequently it certainly was not a mainstay of finacial support for the National organization.

Ari's article is very familiar to this site. The old synagogue was in financial ruin, and Miracle of Miracles!, the "new" board member refers the shul to Chabad.

It's exactly what Shmarya posted a month ago about the shul on Long Island

Will Chabad have a similar clause about shul stealing. Being more to the right does not make you "more religious." There are dedicated, spiritual people who are MO, and roaring assholes who are chareidi (and vice versa). Furthermore, one can be a heretic on the right just as easily as one can be a heretic on the left. The right violates "baal toseph" by adding bogus new chumrot to the Torah. Chabad worships a dead man as the messiah and part of the godhead. Satmar denies the geulah by siding against Israel with its genocidal enemies. Many rabbis either are molesters or are apologists for them. Dina de' mechulta dina is observed more in the breech (i.e. not at all). The list can go on.

Whoops I read to quickly.

There are Young Israel branches now that have a Chabad rabbi, thereby taking over without leaving the Young Israel brand.

YI in general has moved to the right.

Chabad stealing a shul
They know this and it will e interesting to see how this plays out.

B"H

Blah blah blah

Few thousand rebitzins in NY for chabad convention

More chabad shul in US than conservtive and reformed combined

Not that#s matter . Just mentioning.

.

More chabad shul in US than conservtive and reformed combined

Not that#s matter . Just mentioning.

If numbers don't matter - then why mention it? Meanwhile, renting a house near a college campus in which one lies habitually to eighteen year-olds doesn't make it a "shul" - no matter what your dead moshiach told you.

Do they still have the rule against a women and/or a convert being president of the congregation?

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