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FLORIDA STATE BY-LAWS to the CONSTITUTION of the THE ANCIENT ORDER OF HIBERNIANS in AMERICA, INC (Organized may 1836) Organized June 1981 Revised July 1988 Revised May 1995 Revised May 2005 Revised October 2011
Transcript

FLORIDA STATE BY-LAWS

to the

CONSTITUTION

of the

THE ANCIENT ORDER OF HIBERNIANS

in

AMERICA, INC(Organized may 1836)

Organized June 1981 Revised July 1988Revised May 1995Revised May 2005Revised October 2011

INDEX

ARTICLE NO. DESCRIPTION PAGE

Article I Pledge 1

Article II State Board 1

Article III State Convention 3

Article IV Officers’ Salaries and Expenses 6

Article V Elections 6

Article VI Expenses and Penalties 6

Article VII County Boards 7

Article VIII County Convention 8

Article IX Divisions 11

Article X Miscellaneous 12

Article XI Effect 14

Ancient Order o f Hibern ians In Amer icanFlor ida S ta te By-Laws

ARTICLE I

Pledge

The delegates and representatives of the ANCIENT ORDER OF HIBERNIANS in AMERICA, State of Florida, hereafter known as AOH, in convention assembled, hereby declare and affirm our obedience and allegiance to the Preamble and Constitution of the AOH.

ARTICLE II

State Board

Section 1. The State Officers shall be as follows: Elective; President, Vice President, Secretary and Treasurer who shall hold office for a period of two years or until their successors are elected when necessary. No State Officer, except State Secretary, shall be eligible to succeed himself more than once. Past State Presidents will also be considered ex-officio members of the Florida State Board.

Section 2. State Officers to be appointed by the President to serve as his pleasure will be: Chaplain (subject to the approval of the Ordinary of the Diocese), State Organizers, Historian, State Editor, State Legal Counsel, Chairman of Catholic Actions, Chairman of Freedom for All Ireland, Chairman of Scholarship, Chairman of Veterans’ Affairs, Chairman of Missions and Charities, Chairman of Right to Life, Chairman of Commodore John Barry Day, Chairman of Political Education Committee and Chairman of the State Website, hereafter known as Chairmen.

Section 3. No member shall be eligible for office of State President, State Vice President, State Secretary or State Treasurer unless a member in good standing of the AOH for a minimum of six (6) months and has received the Shamrock Degree prior to installation.

Section 4. The duties of all officers are as described in the National Constitution, Article X.

Section 5. The State Board shall consist of the elected State Officers, appointed Chairmen of the various State committees, Past State Presidents, County Presidents, Division Presidents and current National Officers who are bona fide members of a State Division.

Section 6. The State Board shall meet in even numbered years with all Officers to include County and Division Presidents. The State President may convene additional meetings to be held at a time and place designated by him. The expenses of County and Division Presidents, or their representatives, may be defrayed by their respective jurisdictions.

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Section 7. The State Vice President shall be the Chairman of the State Audit Board and The State Appeals Board. Additionally, he shall be ex-officio member of all appointed State Committees. He will also serve as Director of all Junior Divisions when established, responsible for their organization and activity. He will perform the duties as outlined in the National AOH Constitution.

Section 8. In addition to the duties defined in the National AOH Constitution, the State Secretary shall be responsible for the distribution of copies of the State By-Laws to each County and Division President as amended at the State Convention for use of the members in the State and he shall, on request, furnish rituals, report blanks, one copy of the proceedings of National and State Convention for each County and Division Board, transfer cards and ample copies of the Constitution.

Section 9. In addition to the duties defined in the National AOH Constitution, the State Treasurer, within five days of receipt of money, shall deposit said money in a bank account in the name of the State Board. He will assist the State President in the preparation of a budget and its submission to the State Convention for its approval.

Section 10. The State Chaplain shall be appointed by the State President and shall exercise spiritual supervision over the jurisdiction as outlined in the National AOH Constitution.

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ARTICLE III

State Convention

Section 1. The biennial State Convention shall convene in odd numbered years at a place and time selected by the previous State Convention or State Board at least three (3) months prior to the Convention date. The State Secretary shall prepare the Official Call for such State Convention and forward copies to all State Officers, County and Division Presidents not less than 30 days nor more than 90 days prior to the Convention date. An information copy will also be provided to the National Secretary. In the event that a change in location is necessary, the State Board is empowered to select the new site and obligated to notify all individuals previously notified.

Section 2. All sessions of the Convention shall be started at the time and place designated by the presiding officer, provided there is a quorum present. The quorum present shall consist of one-half (½) of the duly elected delegates (as outlined in Article III, Section 3 of these By-Laws) attending the official business of the State Convention.

Section 3. The State Convention shall be composed of the following delegates: State elected Officers, State Past Presidents, National Officers who are currently members of a State Division, the top five (5) elected County Officers, the top five (5) elected Division Officers and one delegate for each 25 members of each Division or fraction thereof. Alternates will be selected for Division Delegates in the event of their inability to attend the Convention. The list of Delegates and their alternates will be forwarded to the State Secretary no less than 20 days prior to the opening date of the Convention.

Section 4. Division Delegates and their alternates shall be nominated at the February meeting and elected at the March meeting in the year in which a Convention is scheduled to be held. Delegates or their alternates must have been a member in good standing for a minimum of six (6) months and have completed the Shamrock Degree of the Order, prior to the Convention, except in the case of a Division less than twelve (12) months in existence.

Section 5. A special State Convention may be called by the State President after majority approval of the elected State Officers whenever it is deemed necessary. The State Secretary shall notify the State Officers and County and Division Presidents of the time and place of such special Convention, stating the reason for the call. Minimum notice must be at least thirty (30) days.

Section 6. All reports of Officers and Chairman of Committee or Boards will be submitted to the State Secretary and Convention in writing at least twenty (20) days prior to the scheduled date of the biennial State Convention.

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Section 7. Localities seeking to host the next Convention shall submit a written application to the State President at the current State Convention or as least three (3) months prior to the next convention date. The State President shall appoint a committee of three (3) members of the State Board to investigate such sites and submit a written report to the State Convention or State Board for action. The expenses incurred by the Convention Site Committee shall be borne by the State Board.

Section 8. Prior to the opening of each session, the Division Presidents shall nominate one member to each of the following committees: Credentials, Finance, Appeals and Grievances, State of the Order, By-Laws or such other Committees established by the State Convention.

Section 9. The Committee on Credentials shall examine the credentials of delegates and alternates to the Convention from the Counties, Divisions and State Board and report their findings to the State Convention.

Section 10. The Committee on Appeals and Grievances shall examine all appeals and grievances that may be referred to the Committee in accordance with the National Constitution and Robert’s Rules of Order and report to the Convention the results of their findings during the Order of Business.

Section 11. The Committee on the By-Laws will review all proposals or suggestions for changes to the State By-Laws at least thirty (30) days prior to the Convention. The changes will be presented to the Convention for approval.

Section 12. The committee on the State of the Order shall present a report of the condition and progress of the Order in the State and provide recommendations or measurers as they deem proper to the State Convention for consideration.

Section 13. No Division is entitled to representation in the National or State Conventions unless all dues, assessments and fines due the State and/or County shall have been paid fifteen (15) days prior to the opening date of the Convention. The State Secretary will present a complete list of the Counties and/or Divisions which have not complied with the above provisions at least ten (10) days prior to the Convention and forward same to the State President and Chairman of the Credentials Committee for their review and action.

Section 14. Any of the foregoing named Committees may, after organizing, refer the matters before them to a sub-committee before coming to the Convention for final action.

Section 15. All meetings, State, County and Divisions shall be governed by Robert’s Rules of Order in all matters not satisfactorily provided herein.

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Section 16. All petitions, resolutions and communications from County or Division Boards or delegates shall be presented to the State Secretary who shall. without delay, read their titles or such portions as may be necessary when they shall be referred to the appropriate Committee without debate. No petitions, resolutions or communications will be accepted after the reading of the Call for the Convention.

Section 17. Should the Convention at any time adjourn before conducting the order of business as described in Section 19 of these By-Laws, it must be reconvened and business completed at the same Convention. Upon reconvening, the reading and approval of the minutes to date shall be the first order of business.

Section 18. During the nomination and election of Officers, no motion shall be in order except to take a recess.

Section 19. The business of the biennial State Convention shall be taken up in the following order:

1. Preliminary Proceedings.

2. Calling of the Convention to Order.

3. Appointing doorkeepers for the Convention.

4. Opening prayer by the Chaplain.

5. Reading of the Call for the Convention.

6. Appointment of the Committee on Credentials.

7. Report on the Committee on Credentials.

8. Announcement of Committee appointments.

9. Report of the President.

10. Report of the Officers.

11. Report of the Committees.

12. Nomination of Officers.

13. New Business.

14. Election of Officers.

15. Selection of the next Convention site and date.

16. Adjournment.

17. Installation of Officers.

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ARTICLE IV

Officers’ Salaries and Expenses

Section 1. The State Secretary shall receive an allowance as approved in the State Budget for office expenses. This allowance will be payable in semi-annual installments out of the State Treasury funds. No other Officer of the State Board will have a pre-approved allowance.

Section 2. All State Officers shall be reimbursed for actual and proper administrative expenditures made by them on behalf of the Order, provided a bill or statement containing the date, amount and purpose of each and every such item of expenditures is first filed with the State Board. The payment of every such item of expenditure is subject to review at the State Convention following payment.

ARTICLE V

Elections

Section 1. The election of the State Officers shall be held during the State Convention using the Australian system of balloting. The names of all candidates are to be printed on ballots of uniform size and color.

Section 2. Every candidate for the office of State President will be allotted five minutes on the Convention floor prior to the balloting in which to outline their platform so that the membership will be aware of the candidates, their goals and what to expect of them during their term of office.

ARTICLE VI

Expenses and Penalties

Section 1. The actual traveling and hotel expenses by elected State Officers in going to and returning from the National Convention shall, with the express consent of the State Executive Board and the availability of State funds, be paid out of the State Treasury, provided that an itemized statement is filed with the State Treasurer on the first day of the State Convention and therefore submitted to the State Convention while in session and duly audited. Room and travel expenses to meeting of the State Board and State Convention will be allowed after proper filing of statement on the day of such meeting and paid out of the State Treasury, but the same shall remain subject to re-audit at the next State Convention. Expenses to be paid at a rate consistent with the guidelines established by the U.S. government for travel reimbursement to civilian employees.

Section 2. Any Division notified and not represented at a State Convention shall be levied a fine of twenty-five dollars ($25), payable to the State Treasurer.

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ARTICLE VII

County Boards

Section 1. In all Counties where there is more than on Division, a County Board will be established to coordinate and direct activities of the County Divisions. The County Board Officers shall be:

Elective: President, Vice President, Recording Secretary, Treasurer, Financial Secretary, Chairman of the Standing Committee, Marshall and Sentinel.

County Officers to be appointed by the President to serve as his pleasure will be: Chaplain (subject to approval of his Ordinary), Chairman of Missions and Charities, County Organizer, Historian, Chairman of Catholic Action, Chairman of Political Education, and Chairman of Freedom for All Ireland. Officers will serve for a two (2) year term, or until such time as a replacement has been appointed by the President. No County Officer, except Recording Secretary, shall be eligible to succeed himself more than one term.

Section 2. The County Board shall consist of the previously identified County Officers, elective and appointive, National and State Officers who are bona fide members of the County, past County Presidents and President, Vice President, Recording Secretary, Treasurer and Financial Secretary of each Division in the County.

Section 3. The duties of all officers are as described in the National Constitution, Article X.

Section 4. In addition to the duties outlined in the National Constitution, the County President shall cause to have examined the books of each division in his jurisdiction annually and at other times, as he deems advisable.

Section 5. County Presidents will file annually, prior to February 15th, a written report with the State Board stating the dates and attendance and progress of all regular County Board meetings and results of Division visits the previous year. The County President shall hold a County Board meeting at least every six (6) months.

Section 6. A County President who neglects to hold meetings every six (6) months shall be liable for suspension at the discretion of the State President in consultation with the State Board.

Section 7. That he may comply with Section 3, the County President is hereby authorized to demand that the books, bills, receipts and bank books of the Divisions be produced for inspection at County Board meetings and is empowered to request of the depository of the Division a transcript of its account when, in his judgement, the same may be necessary.

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Section 7. The County and Division Presidents shall forward to the State Secretary, fifteen (15) days before the State Convention, all credentials of delegates from his County.

Section 8. The County Vice President shall assist the President and, in his absence, act in his stead. The County Vice President will be an ex-officio member of all County Committees in addition to the duties outlined in the National AOH Constitution.

Section 9. The duties of the County Recording Secretary are outlined in the National AOH Constitution and will assist the State Secretary in correspondence distribution.

Section 10. The duties of the County Treasurer will be as outlined in the National AOH Constitution.

Section 11. The County Financial Secretary will perform all the duties outlined in the National AOH Constitution and additionally will ensure that all correspondence, materials and merchandise of the Order are monitored for compliance to the National AOH Board and will answer any reply accordingly.

Section 12. The duties of the various Chairman of the Committees established by the County President will be as outlined in the National AOH Constitution.

Section 13. Parades and public events shall be organized and conducted in accordance with the National AOH Constitution guidelines.

ARTICLE VIII

County Convention

Section 1. The Biennial County Convention shall convene at a place and time selected by the County Board. The County Recording Secretary shall prepare the Official Call for such County Convention and forward copies of the agenda to the State President and all County Officers, elective and appointive, and Division Presidents not less than thirty (30) days prior to the Convention.

Section 2. The County Convention shall be composed of the following delegates: County Officers, elective and appointive, National and State Officers who are bona fide members of the County, the Division President, Vice President, Recording Secretary, Financial Secretary, Treasurer and one delegate for each twenty-five (25) members or any fraction thereof in a Division. Membership to be counted on a paid-up per capita basis based on the annual report of December 31st preceding the Convention. The County Officers shall be elected at the County Convention to be held not less than thirty (30) nor more than sixty (60) days prior to the convening of the State Convention.

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Section 3: Delegates to the County Convention, other than the Officers of Divisions, shall be nominated at a regular meeting of each Division. Notice of such meeting shall be sent to members of the Division and shall specify that such nominations are to be made at such meeting. Said delegates shall be elected at the following regular meeting of each Division. Notice of such a meeting shall be sent to all members of the Division and shall specify that such election is to be held at such meeting and shall set forth the names of all nominees for delegates.

Section 4: The County Convention may appoint a committee consisting of the County President as Chairman and President of each Division in the County. They shall transact business of the County Board in the interim of the County Board meeting.

Section 5: The County President may call a special meeting of the County Board upon a written request of a majority of the committee appointed in accordance with the preceding Section. He shall summon a special meeting to be held within ten (10) days after the application has been made. At least (5) days to notice shall be given to the members of the time and place of such a special meeting

Section 6: The County Convention and the County Board, while the County Convention is not in session, shall have the power to levy and collect from each Division within the County on a uniform per capita basis, except duly ordained Priests or members cited under the National Constitution, such sums as may be necessary to enable the County Board to carry on its work for the good of the Order within the County and meet its lawful obligations.

Section 7. Upon receipt of the notice of such an assessment by a Division, an order shall be immediately drawn upon the Treasurer for the dame, and it shall be forwarded at once to the County Financial Secretary.

Section 8. All County Boards shall have the power to make rules and regulations for their own local government, not conflicting with the National constitution or the State By-Laws, the same to be subject to the approval of the State President and review and approval of the National President.

Section 9. Reports of County Officers must be presented, read and accepted by the County Convention.

Section 10. All petitions, resolutions and communications to the Board shall be presented to the County Recording Secretary ten (10) days prior to the start of the County Convention. He will read their titles or such portions as may be necessary at the Convention and indicate which Committee will consider them in their report. No petitions, resolutions or communications will be accepted after the reading of the Call for the Convention.

Section 11. All reports to be delivered to the Convention will be typed and signed by the appropriate Chairman or Officer rendering this report.

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Section 12. All sessions of the County Convention shall be started at the time and place designated by the Presiding Officer, provided there is a quorum present. A quorum shall consist of one third (⅓) of the delegates duly elected and entitled to a seat at the Convention.

Section 13. The County President will appoint the members of the Credentials Committee and such other Committees as he may deem necessary for the conduct of business at the County Convention. He will notify the various Division Presidents of the Committees to be formed and require the names of individuals suggested to be appointed to these Committees.

Section 14. The election of County Officers will be managed by the County Recording Secretary. He will ensure that ballots, judges, ballot boxes and roll call rosters are available for the election.

Section 15. Candidates for the office of President will be allotted five (5) minutes on the Convention floor prior to the balloting in which to outline their platform to the Convention.

Section 16. The County Board will prepare and present a Budget for the coming term using procedures outlined in the National AOH Constitution.

Section 17. The business of the biennial County Convention shall be taken up on the following order: 1. Preliminary Proceedings.

2. Calling of the Convention to Order.

3. Appointing doorkeepers for the Convention.

4. Opening prayer by the Chaplain.

5. Reading of the Call for the Convention.

6. Appointment of the Committee on Credentials.

7. Report on the Committee on Credentials.

8. Announcement of Committee appointments.

9. Report of the President.

10. Report of the County Officers.

11. Report of the Committees.

12. Nomination of Officers.

13. New Business.

14. Election of Officers.

15. Adjournment.

16. Installation of Officers.

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ARTICLE IX

Divisions

Section 1. The Officers of the Division shall be:

Elective: President, Vice President, Recording Secretary, Treasurer, Financial Secretary, Chairman of the Standing Committee, Marshall and Sentinel. Elected Officers shall serve for a two (2) year term or, in case of inability to serve, until such time as the Division has elected a replacement. No officer, except Recording Secretary, shall be eligible to succeed himself more than once.

Division Officers to be appointed by the President to serve as his pleasure will be: Chaplain, Chairman of Committee for Irish History, Chairman of Political Education/Freedom for all Ireland (PEC/FFAI), Publicity, Committee on the Sick, Employment, Junior Divisions, and Irish Names and Literary. Appointments shall be made at the Division’s annual election of Officers. These Chairmen will serve until their qualified successors are selected. Each Chairman shall be governed in his actions and shall follow the National AOH Constitution. A list of all Officers and Committee Chairmen will be forwarded to the County or State as applicable in January of each year.

Section 2. Officers will be nominated and elected between October 1 and January 1. Installation of Officers will be conducted before January 31. Newly elected Officers will assume control in January. No member will be eligible for election to office unless a member in good standing of the AOH for a minimum of six (6) months and has received his Shamrock Degree, except for a newly formed Division.

Section 3. All Division meetings will be conducted in accordance with the AOH Manual provided by the National Secretary.

Section 4. The duties of all officers are as described in the National Constitution, Article X.

Section 5. When any bill is presented for payment and approved by the Finance Committee, the Division shall take action on the same and, should a majority be in favor of such bill, the President shall give an order to the Treasurer, countersigned by the Recording Secretary, and shall be recorded in the minutes.

Section 6. On the last day of each year, each Division shall make a report of its standing to the County President, the State Secretary and the National Secretary in accordance with instructions received from the National and State Secretaries.

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Section 7. Regular meetings of the Order may be held on any stated day, at such hour as the Division may elect, but a meeting shall be held by each Division as defined in the AOH National Constitution. Any Division which neglects or fails to hold a regular meeting within these guidelines shall be liable for suspension at the discretion of the County President in consultation with the County Board. If there is no County Board, this responsibility rests with the State President and State Board.

Section 8. It shall be unlawful for any Division to meet for any purpose in any hall or elsewhere under conditions or surroundings tending to bring public disrespect to the Order.

Section 9. Each Division of the State shall pay a per capita tax of $8.00 per annum to the State Secretary. The State Board shall have the ability to establish a pro-rated dues that encourages the payment of dues in a timely fashion. Assessment may be increased by a majority vote of the State Convention, except this shall not apply to duly ordained Priests and members cited in the AOH National Constitution.

Section 10. Each Division is encouraged to have copies of Irish History by recognized Irish Historians and have history discussions at each meeting.

ARTICLE X

Miscellaneous

Section 1. St. Patrick’s Day (March 17th), Fourth of July, Our Lady of Knock (August 21), and Commodore John Barry Day (September 13th) shall be celebrated as required in the AOH National Constitution. All Jurisdictions within the State shall hold appropriate ceremonies to commemorate these events.

Section 2. The County Board shall set apart one day a year for Memorial Services, and each and every Division shall have a Mass offered for their deceased members to be attended by the members in a body.

Section 3. It shall be compulsory of all members of the Order to attend Holy Communion during Easter time, as provided for in the AOH National Constitution.

Section 4. An application rejected in any Division for any reason prescribed by the AOH Constitution shall not be proposed again for a period of six (6) months.

Section 5. Each Division shall have the power to make such By-Laws for government thereof that do not conflict with the AOH National Constitution, State or County By-Laws. The same is to be subject to the approval of the National, State, and County Presidents.

Section 6. Transfer cards shall be granted as provided for by the AOH National Constitution.

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Section 7. Whenever any Division ceases to affiliate with the County Board, or is suspended, its property, books, records and funds shall vest in the County President, who shall take possession thereof and turn the same over to the County Board. In the event there is only one Division in the County and no County Board, the property of the defunct Division shall vest in the State President, who shall take possession thereof and turn same over to the State Board.

Section 8. At State Conventions a quorum shall consist of one-half (½) of the duly elected delegates attending the official business of the State Convention. At State Board meetings a quorum shall consist of a majority of Officers and Chairmen. Counties and Divisions shall designate the number constituting a quorum for the transaction of business.

Section 9. Appeals will be conducted in accordance with the National AOH Constitution guidelines. The expenses incurred by the State or County Boards in the trial of all appeals, from the decision of subordinate jurisdiction shall be borne by the jurisdiction or persons against whom the decision is rendered.

Section 10. The State Board will reimburse the host Division $100.00 to offset the cost of a hospitality room prior to a State Board meeting of State Convention.

Section 11. Divisions are authorized and encouraged to form NOT-FOR-PROFIT-CORPORATIONS. Seeking approval under 501-C2 of the tac code will allow for the purchase of real and personal property and sponsorship of civil events outside of the State and National Organizations. Charter and by-laws will require approval of State and National Boards prior to filing with State and Internal Revenue Service for approval. Membership in the Corporation must be limited to individuals who are current members of the sponsoring group i.e.; Division, County or State Organizations. Application will be accomplished using IRS Forms 1024 and 8718.

Section 12. All meetings shall be governed by Robert’s Rules of Order in all matters not satisfactorily provided for herein.

Section 13. The State Board will furnish Shamrock Pins for new members of new Divisions at the time of Charter Application.

Section 14. These By-Laws shall be in full force and effective from and after their adoption by the State Convention and approval of the AOH National President and all laws and parts of laws in conflict with these By-Laws are hereby declared null and void and of no effect after the final approval of these By-Laws by the AOH National Board.

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ARTICLE XI

Effect

Section 1. These By-Laws can be amended only in a State Convention by two-thirds (⅔) majority vote of the delegates in session.

Section 2. Amendments to these By-Laws shall be submitted to the State Convention as outlined in Article III, Section 12 of these By-Laws.

By-Laws of the State of Florida for the Ancient Order of Hibernians in American, were revised and adopted by the Delegates at the Florida State Convention on October 29, 2011 at Cocoa Beach, Florida and are hereby submitted to the A.O.H. National Board for final approval.

________________________ ___________ ________________________ ___________Greg Seán Canning Date Francis X. Delaney DateFlorida State President Florida State Secretary

NATIONAL

Approved: ______________

________________________ ___________ ________________________ ___________Séamus Boyle Date DateNational President

“Ireland Unfree Shall Never Be At Peace”

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12 Nov 2011 12 Nov 2011


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