Connecticut bill

[Friedman, Howard M.]

To the extent that the entire NY Religious Corporations Law is mandatory, as opposed to merely default provisions that apply in the absence of contrary rules in the organization's charter or bylaws, I think there are serious constitutional issues with very many of the internal governance provisions.

 

*************************************
Howard M. Friedman 
Disting. Univ. Professor Emeritus
University of Toledo College of Law
Toledo, OH 43606-3390 
Phone: (419) 530-2911, FAX (419) 530-4732 
E-mail: howard.friedman at utoledo.edu 
************************************* 

________________________________

From: religionlaw-bounces at lists.ucla.edu [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of SAMUEL M. KRIEGER
Sent: Wednesday, March 11, 2009 1:11 PM
To: Law & Religion issues for Law Academics
Subject: Re: Connecticut bill

 

Just for the sake of perspective  on the proposed Connecticut legislation, I would welcome any comments on  Section 200   of   the New York Religious Corporations Law (codified in Article 10  applicable to "Other Denominations" - including Jewish Congregations ) compared  to sub- sections (e) and (h) of the proposed Connecticut legislation.

 

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"§  200.  Control  of  trustees  by  corporate  meetings;  salaries  of
  ministers. 

 

  A  corporate  meeting  of  an  incorporated  church,  whose
  trustees  are  elective  as  such, may give directions, not inconsistent
  with law, as to the manner in which any of the temporal affairs  of  the
  church   shall  be  administered  by  the  trustees  thereof;  and  such
  directions shall be  followed  by  the  trustees.  The  trustees  of  an
  incorporated  church  to which this article is applicable, shall have no
  power to settle or remove or fix the salary of the minister, or  without
  the  consent  of  a  corporate  meeting,  to  incur debts beyond what is
  necessary for the care of the property of the corporation; or to fix  or
  charge the time, nature or order of the public or social worship of such
  church,  except  when  such  trustees are also the spiritual officers of
  such church."  (emphasis supplied) 
--------------------

 

The provison  has been  in   NY law in some form since 1813 and was  last  amended in 1909 .

 

 

SAMUEL M. KRIEGER,ESQ.
Krieger & Prager LLP
39 Broadway
New York, NY 10006

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