|
Bylaws
ARTICLE I-V | ARTICLE
VI-XI | ARTICLE XII-XVII | ARTICLE
XVIII
MCEA Bylaws As Amended October 3, 2007
ARTICLE VI
Board of Directors
Section 1 - Composition
The Board of Directors shall be composed of:
(a) Officers - the five (5) Officers specified in Article V, Section
1;
(b) Non-officers Ð eight (8) non-officer members;
(c) Area Governors Ð one Area Governor from each of the five (5)
designated geographical areas;
(d) President of the Retirees Chapter;
(e) Chair of the County Advisory Committee; and
(f) Immediate Past President of the Association.
`The eight (8) non-officer members shall be divided into two (2)
units of four (4) members each. Each unit is to be elected in successive
years.
No member of the Board shall hold more than one Board position at
the same time.
Section 2 - Term of Office
Non-officer members of the Board of Directors shall be eligible
to serve a maximum of two (2) full consecutive elected terms. A
term of office is two (2) years.
Section 3 - Representatives
The Area Governors, the President of the Retirees Chapter, and the
Chair of the County Advisory Committee shall attend all meetings
of the Board of Directors and shall have the right to vote upon
all matters transacted at these meetings. If any one of these elected
officials is unable to attend any Board of Directors' meeting, said
elected official shall designate a representative from the respective
constituency, who is not a member of the Board of Directors, to
act on behalf of the respective constituency. This representative
shall have the same rights and privileges as are granted to the
elected officials.
Section 4 - Vacancies
Whenever a vacancy or vacancies occur(s) in the non-officer member
positions of the Board, as listed in Section 1(b) of this Article,
except as a result of an election or other action at the Annual
Convention, this position shall be filled by the person with the
next highest vote for a Board position from the Annual Convention,
provided that person received at least fifty percent (50%) of the
number of votes cast for the Board position filled with the lowest
number of votes. In the event of a tie, any selection shall be made
by lot. In the event that there are no candidates available, the
vacancy shall be filled pursuant to this bylaw. The remaining members
of the Board shall fill the vacancy or vacancies from the names
submitted by chapters within thirty (30) days from the date that
the notice of the vacancy is mailed or otherwise given to the chapters.
The minutes of the chapter meeting at which the member received
chapter approval shall be submitted with the nomination form provided
by the Board of Directors. This vacancy or vacancies shall be filled
by a majority vote of the members of the Board present and voting.
When more than two (2) candidates are nominated for the vacancy
or vacancies and a majority vote is not obtained, the candidate
receiving the lowest number of votes shall be dropped until a majority
is obtained. This process shall be subject to ratification by the
next Annual Convention unless the term being filled expires at or
before the time of the next Annual Convention.
Any vacancy or vacancies occurring within ninety (90)
days prior to the Annual Convention shall not be filled by the Board.
Chapter Presidents shall be notified by the most reasonable and
appropriate means of written communication, and the vacancy
or vacancies shall be filled by the delegates to that Convention.
In the event that a non-officer member of the Board of Directors
separates from public employment, the position shall automatically
become vacant.
In the event that a non-officer member of the Board
retires before the end of his term, that member shall be permitted
to complete his term. This vacancy shall then be filled by
the delegates to that Convention.
If a non-officer member of the Board of Directors
separates from public employment due to a layoff or job abolishment
and that action is being appealed, the Board member may serve until
Sine Die of the next Convention. This position then becomes vacant
and shall be filled by the delegates to that Convention.
Section 5 - Disciplinary Action
The absence of any Board of Directors member from either: three
(3) consecutive meetings of the Board or three (3) non-consecutive
regularly scheduled meetings of the Board within each twelve (12)
month period, commencing from the date an Office is assumed, shall
be deemed to create a vacancy. Regularly scheduled meetings are
those meetings scheduled at least thirty (30) days in advance.
The position of Area Governor or Chair of the County
Advisory Committee shall be deemed vacant also, if the individual
occupying any of these positions is removed from the Board due to
absenteeism, unless the Area Vice Governor or County Advisory Committee
Vice Chair attends and represents the Area or County Advisory Committee
at the Board meetings as a substitute for the Area Governor or County
Advisory Committee Chair.
Upon presentation of documentation of illness, which
in sole discretion of the Board of Directors is adequate, the Board
may allow up to two excused absences for medical reasons. These
absences shall not constitute an absence for purposes of disciplinary
action described in this section.
Section 6 - Immediate Past President
The Immediate Past President of the Association must have served
as President of the Association for at least one (1) year. The Immediate
Past President shall be a member of the Board of Directors and shall
have the right to vote and be counted in determining a quorum. The
absence of the Immediate Past President from either three (3) consecutive
meetings of the Board or three (3) non-consecutive regularly scheduled
meetings of the Board within each twelve (12) month period, commencing
from the date this Office is assumed, shall be deemed to create
a vacancy. Regularly scheduled meetings are those meetings scheduled
at least thirty (30) days in advance. In the event that a vacancy
does occur, it shall be filled by the most recent available Past
President as determined by the Past Presidents Committee and recommended
to the Board of Directors.
Section 7 - Duties and Powers
Subject to the Convention, the Board of Directors shall be the governing
body for and direct the policies of the Association. It shall employ
and determine the compensation and duties of Legal Counsel and the
Executive Director. All matters affecting the policies and means
of accomplishing the objectives of this Association, not otherwise
provided for in these Bylaws or by the Convention, shall be vested
in and disposed of by the Board of Directors.
The Board shall meet at the call of the President,
but not less than eight (8) times in a calendar year. Special meetings
may be called by the President, or shall be called by the written
request of the majority of the Board of Directors. Within 24 hours
after the requests of the majority have been received at Headquarters,
a written notice of the special meeting shall be sent to each Board
member. The meeting shall be held within seven (7) days of the date
of the written notice. Fifty percent (50%) of the total Board members
shall constitute a quorum. All action taken by the Board shall be
by a majority of those members of the Board present and voting,
except as otherwise provided for in these Bylaws.
The concurrence of at least six (6) members of the
Board of Directors shall always be necessary for the transaction
of business.
The employment of the Executive Director shall be
by a majority vote of the total membership of the Board. The termination
of the employment of the Executive Director shall be either by a
recommendation from the President and a majority vote of the total
membership of the Board or, in the absence of a recommendation from
the President, by a two-thirds (2/3) vote of the total membership
of the Board.
It shall be the duty of all members of the Board of
Directors to attend Conventions, unless excused by the President.
All Board members shall be seated on the floor of the Convention
whether or not they are chapter delegates. Each Board member attending
the Convention shall be prepared to report upon, and discuss, the
business of the Association handled by the Board of Directors, to
any member present at the Convention.
The Board of Directors shall cause a report of each
Board meeting to be mailed to each chapter president for dissemination
to chapter members. The report shall include motions and actions
taken on the motions.
ARTICLE VII
Executive Director
The Executive Director is responsible for the administration
of MCEA, the supervision of MCEA staff, and for personnel administration.
The Executive Director shall be supervised by the President of MCEA
and directed by the Board of Directors. This authority and the duties
and responsibilities of the Executive Director are set forth in
these Bylaws, the Board of Directors Policy Manual, any contract
between MCEA and the Executive Director, and the job description
for this position as approved by the Board of Directors.
ARTICLE VIII
Committees
Section 1 - Standing Committees
The standing committees of the Association shall be Budget, Bylaws,
Convention, Internal Audit, Legislative, Membership, Memorial Scholarship,
Resolutions, Nominating, Executive, County Advisory, Past Presidents,
and Grievance Hearing. The President shall appoint all members to
the standing committees, with the exception of the Nominating, Executive,
Past Presidents, and County Advisory Committees, within thirty (30)
days after taking office. The remaining standing committees shall
be selected in accordance with Sections 2 through 5 of this Article.
Section 2 - Executive Committee
The President's advisory committee shall be known as the Executive
Committee. This committee shall be composed of the President, the
two (2) Vice Presidents, the Secretary, the Treasurer, the Immediate
Past President or the person filling that position, and two (2)
other members of the Board of Directors, elected for a one (1) year
term by the Board at the first Board meeting following the Annual
Convention. The Executive Committee may call upon other members
of the Board, members-at-large and employees to act as advisors
to the Committee. These advisors shall not have the right to make
motions or vote.
The President shall serve as the Chair of the Executive
Committee. Meetings shall be called by the President.
Five (5) members shall constitute a quorum. All action
taken by the Executive Committee shall be by majority vote of those
members present and voting.
The Executive Committee shall exercise such duties
and functions as delegated to it by the Board of Directors.
The Executive Committee shall not modify or act contrary
to any actions taken by the Board of Directors or the Convention.
The committee shall not act contrary to the Bylaws nor act contrary
to any policies or directives of the Board or the Convention.
All actions of the Executive Committee shall be reported
to the Board of Directors at its next scheduled meeting. All actions
and minutes of the Executive Committee shall be furnished to the
Board of Directors on or before the Monday immediately preceding
the next scheduled meeting of the Board, unless the Executive Committee
shall meet subsequent to said Monday. In that event, all actions
and minutes shall be presented at the next meeting of the Board.
Section 3 - Nominating Committee
This Committee shall be responsible for the selection
of nominees for the Officer and non-officer Board of Directors which
are to be elected at the Convention. An official notice, by the
most reasonable and appropriate means of written communication,
shall be sent to each chapter president on or before February 1st
each year notifying each chapter of the positions to be filled at
the next Annual Convention.
The Committee shall be composed of ten (10) members
who shall be three (3) non-officer members of the Board of Directors
elected by the Board at a fourth-quarter meeting; one (1) member-at-large
who is not on the Board of Directors, to be appointed by the President;
one (1) Past President, who may be on the Board of Directors, to
be selected by the Past Presidents Committee; and one (1) chapter
president, who is not on the Board of Directors, from each of the
five (5) geographical areas to be elected by the Area Advisory Councils
at their fourth- quarter meetings. An alternate chapter president
shall also be elected by each area but shall serve only in the event
the chapter president who is elected first is unable to fulfill
Committee duties. The Committee Chair shall be selected by the Nominating
Committee at its first meeting to be held on or before February
1st of each year. The President shall convene the first meeting
of the Nominating Committee. Members or the Committee Chair are
ineligible to run for office at that year's Convention.
In the event any vacancy shall occur in the composition
of the Nominating Committee, the vacancy shall be filled within
thirty (30) days by:
(1) An election at the next meeting of the Board of Directors to
fill the vacancy of a non-officer member of the Board of Directors;
(2) An appointment by the President to fill the vacancy of the member-at-large;
(3) A selection by the Past Presidents Committee of another Past
President to fill the vacancy of the Past President's position;
(4) An appointment of a chapter president who is not on the Board
of Directors, by the Area Governor if neither the area representatives
nor the alternate elected at that area's fourth-quarter meeting
is able to serve. The appointment by the Area Governor shall be
subject to ratification at the next meeting of the Area Advisory
Council. There shall be at least five (5) members of the Committee
present during the interviewing and selection of the candidates.
No members of the Committee may be selected for an Officer or non-officer
position of the Board of Directors by the Committee.
No member of any chapter shall be nominated by the
Nominating Committee without the prior approval of the chapter of
which the nominee is a member. The minutes of the chapter meeting
at which the member receives this approval shall be submitted to
the Nominating Committee with the required nomination form. Chapter
minutes shall indicate that a motion to nominate a member was made,
seconded and passed. Members who do not belong to a chapter may
be nominated by an Officer or member of the Board of Directors,
if the Board, after due inquiry, determines that it is advisable
to allow such nominations.
Each chapter shall have the opportunity to submit
names for nomination for consideration by the Nominating Committee.
The Nominating Committee shall consider any nomination which has
been received at Association Headquarters or postmarked on or before
April 1st of each year. After the slate has been determined by the
Nominating Committee, it shall be presented to the President. He
shall transmit it to Association Headquarters. It shall be mailed
from Headquarters on or before May 15th, to each member of the Board
of Directors and each chapter president in order that the chapters'
delegates may be instructed. The report of the Nominating Committee
shall be presented to the Annual Convention by the Chair of the
Nominating Committee or another member of the Committee whom the
Chair may designate.
Any member who obtains not less than two hundred (200)
original signatures and the last four digits of the Social Security
numbers of members of the Association in good standing may petition
for an Officer or non-officer Board of Directors position. The petitioner
shall have prior written approval of his chapter which is obtained
at a duly authorized chapter meeting, to be placed on the ballot
for a specific Officer or non-officer position on the Board. The
petition for each Officer and non-officer position shall be accompanied
by a copy of the prior written approval in the form of the minutes
of the duly authorized chapter meeting. Chapter minutes shall indicate
that a motion to allow this nomination was made, seconded and passed.
These signatures shall be obtained during the period between October
1st and July 1st, immediately preceding the Convention at which
the member intends to seek office.
Each petition shall be presented at Association Headquarters
on or before July 1st of each year. The Nominating Committee shall
place the name of each petitioner on the ballot and give each petitioner
on the ballot equal recognition through Association publications
and meetings. A separate petition shall be presented by each petitioner
for each Officer or non-officer position on the Board of Directors.
Any qualified delegate may submit nominations from
the floor of the Convention for Officers and/or non-officer positions
on the Board of Directors provided that certain conditions are met.
Prior to submitting any nomination(s) from the floor, a delegate
must have received the prior written approval of his chapter, which
was obtained at a duly authorized chapter meeting, to place a specific
individual in nomination for a specific Officer or non-officer position
on the Board. A chapter may nominate any Association member to more
than one position on the Board; however, there must be a separate
motion by the chapter for each Officer or non-officer position for
which the member is nominated. The nominee must have the prior written
approval of his chapter, which was obtained at a duly authorized
chapter meeting, to be nominated for a specific Officer or non-officer
position on the Board. A member may be placed in nomination for
more than one position on the Board; however, there must be a separate
motion by the member's chapter for each Officer or non-officer position
for which the member is nominated. Each nomination from the floor
must be accompanied by a statement signed by the nominee indicating
willingness to serve, if elected, in the nominated position, unless
the nominee is present and gives verbal consent. Each nomination
from the floor must be accompanied by a copy of the prior written
chapter approval in the form of the minutes of the duly authorized
chapter meeting. Chapter minutes shall indicate that a motion to
allow this nomination was made, seconded and passed.
The President shall accept all nominations and appoint
a Credentials Committee, subject to the approval of the Convention,
to conduct the elections. The Credentials Committee shall be responsible
for distributing the ballots, tabulating votes, and certifying the
results of the elections to the Convention delegates.
Chapter minutes shall indicate that a motion for nomination
was made, seconded and passed.
After all nominations are closed on a particular ballot,
if there are two (2) or more nominees for any Office or if there
are more nominees seeking election to the Board of Directors than
there are vacancies, the Chair shall permit each nominee to speak
on his own behalf for a period of three (3) minutes. A reasonable
period of time shall be permitted for delegate caucusing. This period
of time shall be no less than five (5) minutes and no more than
fifteen (15) minutes.
Section 4 - County Advisory Committee
This Committee shall be composed of the presidents of the county
chapters and interested members of the county chapters. Each chapter
shall have one vote. The Committee shall meet at least two (2) times
each year, at other times as directed by the President, or upon
request of the Committee and the approval of the President. The
Chair and the Vice Chair of the County Advisory Committee shall
be elected annually by the county chapters at a meeting of the Committee
convened by the President following the Association's Annual Convention,
but no later than October 31st.
In the event that the Chair of the County Advisory
Committee separates from public employment, the position shall automatically
become vacant. In the event of retirement from public employment,
the Chair of the Committee shall be permitted to complete the term
of office. Whenever a vacancy occurs in the office of the Chair
of the County Advisory Committee, the Vice Chair shall automatically
move up to this position.
The duty of the County Advisory Committee is to advise
the Association of problems within the counties and to present to
the Board of Directors any action, plan or program which, in the
opinion of a majority of the Committee members present and voting,
shall be in the best interests or welfare of both the general or
county membership.
The Chair of the Committee or, in his absence, the
Vice Chair of the Committee shall present all action of the Committee
to the Board of Directors for its consideration. If both the Chair
and the Vice Chair of the Committee are unable to attend a Board
meeting, the Chair of the Committee shall designate a representative
from the Committee who is not a member of the Board of Directors.
The Chair of the Committee is expected to adhere to the same attendance
requirements as any other member of the Board of Directors. If,
for reasons of non-attendance, the Chair of the Committee is removed
from the Board of Directors, representation responsibility is assumed
by the Vice Chair.
Section 5 - Grievance Hearing Committee
This Committee shall be composed of seven (7) members who shall
be three (3) non-officer members of the Board of Directors, three
(3) members-at-large and one (1) Officer. Members and the Chair
of the Committee shall be appointed annually by the President on
or before January 1st. The function of the Committee shall be to
serve as an appeal body for members of the Association regarding
grievance representation by the Association, pursuant to the grievance
hearing procedures approved by the Board of Directors. All decisions
of the Grievance Hearing Committee shall be final.
Section 6 - Special Committees
Other special committees shall be appointed by the President, as
the Board, membership or President shall deem necessary to fulfill
the objectives of MCEA.
Section 7 - Committee Reports
The Committee Chair or his/her designee of all non-standing committees
appointed by the President shall report committee recommendations
to the President or his/her designee. The President shall make the
report a Board agenda item within sixty (60) days of the date-stamped
receipt of the report. If the President desires, the Committee Chair
or his/her designee shall be present when the report is discussed
before the Board. Should the above process not be followed, no valid
or enforceable actions, positive or negative, may be taken on a
non-standing committee report.
Section 8 - Past Presidents Committee
The Past Presidents Committee shall be comprised of all Past Presidents
of the Association. The Committee shall meet and elect the Chairman
of the Committee. The purpose of the Past Presidents Committee shall
be to provide leadership and guidance to the Board and the President,
at the request of the Board and/or President.
ARTICLE IX
Area Advisory Councils
Section 1 - Determination of Areas
There shall be five (5) areas whose boundaries shall be determined
by the Board of Directors.
Section 2 - Composition
The Area Advisory Councils shall be composed of the presidents of
each of the chapters in the Area, or their duly authorized representatives,
and the Immediate Past Area Governor. Chapter presidents who are
members of the Board of Directors shall also be members of the Advisory
Council.
Section 3 - Area Officers
Each Area shall have a Governor, Vice Governor and Secretary. The
Area Governor shall be a current or past chapter officer or a past
Area officer; the Area Vice Governor shall be a current or past
chapter officer or a past Area officer. The Area Secretary shall
be appointed by the Area Governor and shall be a member of a chapter
within the Area.
Section 4 - Elections
The Governor and the Vice Governor shall be elected during the fourth
calendar quarter of odd-numbered years.
Section 5 - Vacancies
Whenever a vacancy occurs in the office of Area Governor, the Vice
Governor shall automatically move up to this vacated position. Whenever
a vacancy occurs in the office of Vice Governor, this position shall
be filled by vote of the members of the Area Advisory Council at
its next scheduled meeting.
In the event that either the Area Governor or Vice
Governor separates from public employment, the position shall automatically
become vacant. In the event that either the Area Governor or Vice
Governor retires from public employment, the opportunity shall be
given to serve in that office until the adjournment of the Area
meeting held in the fourth calendar quarter of the year in which
the retirement becomes effective. This vacancy shall be filled by
the chapter representatives at that Area meeting.
Section 6 - Duties
Chapter presidents who are unable to attend any meeting of the Advisory
Council shall designate a representative, preferably the chapter
vice president, to attend these meetings. These representatives
shall have the same rights and privileges on the Council as would
the chapter president.
The Area Governor or Vice Governor shall attend all
meetings of the Board of Directors and have the right to vote upon
all matters transacted at these meetings. If both the Area Governor
and Vice Governor are unable to attend a Board meeting, the Area
Governor shall designate a representative from the membership of
the Council who is not a member of the Board of Directors to act
on behalf of the membership of the Council. Each Area Advisory Council
shall meet at least quarterly, or at the call of the President.
The duty of each Area Advisory Council is to advise the Association
of problems within the Area. The Advisory Council is to present
to the Board of Directors any action, plan or program which it considers
to be in the best interests of or for the welfare of the general
and/or Area membership. These actions, plans or programs shall be
deemed recommendations to the Board and, before presentation to
the Board, shall have received a majority vote of the Advisory Council
members present and voting. These recommendations shall be presented
to the Board by the Area Governor.
The Board of Directors shall act upon the recommendations
from Area Advisory Councils as it would a motion from any Board
member. The Area Governor of the Area making the recommendation
shall be notified immediately by the Secretary or Legal Counsel
of any action by the Board. If, in the opinion of the Area Advisory
Council, the action of the Board is unfavorable or is unsatisfactory,
and the Advisory Council wishes to have the action of the Board
overruled, it may take this matter to the Association membership
for a vote at the next Convention. If the Board fails to act on
a recommendation from an Advisory Council, the Council may also
take this matter to the membership of the Association for a vote
at the next Convention.
ARTICLE X
Statewide Advisory Council
Section 1 - Composition
The Statewide Advisory Council shall be composed of the presidents
of all chapters or their duly authorized representative(s) and the
Board of Directors.
Section 2 - Meetings
The President of the Association shall call at least one (1) Statewide
Advisory Council meeting per year. This meeting shall be held immediately
after the Maryland General Assembly has adjourned.
Section 3 - Duties
It shall be the duty of the Council to advise the President and
the Board of Directors of: (a) continuing problems affecting the
membership, and (b) new or potential threats to the membership.
In addition, it shall be the duty of the Council to recommend to
the President possible solutions to problems and more effective
means of servicing the membership. Council recommendations must
receive a majority vote of the Council members present and voting
in order to be considered by the Board of Directors. At the next
regularly scheduled meeting of the Board of Directors following
the Statewide Advisory Council meeting, the President shall present
those recommendations to the Board of Directors. Recommendations
receiving favorable action by the Board shall be included in the
President's Report to the next Annual Convention. Those receiving
unfavorable action by the Board shall be placed as items under New
Business on the agenda of that Convention for further consideration
by the delegates.
ARTICLE XI
Local Chapters
Section 1 - Authorization
This Association may have such chapters as the Board of Directors
deems most advantageous to the welfare of the Association. Each
chapter shall be known as the ___________ Chapter of the Maryland
Classified Employees Association, Inc. In addition, each chapter
shall have a number which shall be designated by the Executive Director.
Section 2 - Size
A chapter may be formed by ten (10) or more members of the Association,
subject to the approval of the Board of Directors.
The Board of Directors shall have the authority to
revoke or suspend any chapter when a chapter has less than ten (10)
members for four (4) consecutive quarters.
To be a chapter in good standing at the time of the
official notice for the call of a convention, the chapter shall
have at least ten (10) members in two (2) or more quarters in the
past four (4) quarters as shown on the last four quarterly rosters
at the Association Headquarters. Chapters formed during the last
two (2) quarters preceding the Convention shall be considered a
chapter in good standing.
Section 3 - Rosters
When a chapter has been organized, a complete list of the Social
Security numbers, names and addresses of its members shall be submitted
by the chapter to the Association's Headquarters. Thereafter, any
changes to this information shall also be submitted. No member may
be added or transferred to any chapter, including the retirees chapter,
without their knowledge and consent.
Section 4 - Bylaws
Each local chapter shall adopt bylaws which shall be submitted to
the Association for approval by Legal Counsel. Once approved, a
copy of the chapter's current bylaws shall be kept on file at Association
Headquarters. Chapter bylaws may be revised as needed and shall
become effective upon approval by Legal Counsel. In the event of
conflict between the Association Charter and/or these Bylaws and
the charter and/or bylaws of any chapter, the provisions of the
Association Charter and/or the Association Bylaws shall always prevail.
Chapter bylaws on file at Association Headquarters as of April 1,
1992 shall be the official bylaws of the chapter until such time
as revised bylaws are received and approved by Legal Counsel. If
chapter bylaws are not on file, then model bylaws, as contained
in the Chapter Officers Manual, shall prevail until such time as
effected chapters submit bylaws to Legal Counsel for approval.
Section 5 - Chapter Officers
Each chapter shall elect officers as outlined in the bylaws. These
officers, whether elected or serving in a temporary acting capacity,
shall be members of the chapter in which the office is held. The
Board of Directors may grant exceptions where the best interests
of the Association and/or chapter will be served.
Section 6 - Meetings
Each local chapter shall hold a minimum of four (4) chapter meetings
per year. There shall be at least one (1) meeting each calendar
quarter. This provision, together with a provision for reasonable
notice to members, shall be included in the constitution and bylaws
of each chapter. In addition, it shall be the responsibility of
the chapter president or, in his absence, the chapter vice president
to call chapter meetings in accordance with these Bylaws.
Chapter officers, upon accepting the oath of office,
shall officially assume office immediately following the close of
the Convention with the words "adjournment sine die."
Section 7 - Funds
Each local chapter may raise funds and make expenditures for chapter
purposes. All fund-raising and expenditures must be consistent with
the Charter of the Association, these Bylaws, and the constitution
and bylaws of the chapter. If the fund-raising measures employed
by a chapter, or the expenditures or proposed expenditures of a
chapter should be questioned by any member, the matter shall be
submitted to the Board of Directors of the Association. The decision
of the Board shall be final and binding upon all parties concerned.
Prior to submitting such a matter to the Board of
Directors, it shall first be considered by the chapter executive
committee. In the event that the chapter has no executive committee,
the matter shall be considered by the officers of the chapter. Within
a reasonable time, the applicable bodies shall decide whether the
matter should be referred to the Board of Directors, or whether
it may be properly disposed of by the chapter. In the event the
chapter's executive committee or its officers, as the case may be,
fail to take appropriate action promptly, the matter shall be determined
by the Board of Directors. If the matter is handled by the chapter's
executive committee or its officers, but 25 percent (25%) or more
of the members of the chapter are dissatisfied with its disposition,
they may appeal, by written petition, to the Board of Directors.
Each chapter having funds in excess of two-hundred
dollars ($200.00) at any time, shall maintain said funds in an accredited
financial institution. All expenditures shall be made from said
account and said account shall be accessible only with two chapter
officer signatures on each transaction. Such measures shall establish
a safe depository for the funds, and a record of all deposits and
withdrawals therefrom.
If the President or the Board of Directors should
determine that the funds of any chapter are being or may be misused,
or for any reason are in jeopardy, the President or the Board of
Directors may impound and hold said funds in the name of the Association,
pending the resolution of the matter to the satisfaction of the
Board of Directors. In the event that any chapter should disband
or for any reason cease to be an active chapter of the Association
in good standing, all of the funds of said chapter shall belong
to, and be the property of, this Association.
The Board of Directors may take, or authorize the
taking of, such action as may be determined necessary to protect
these funds, and to see that they are paid over to the Association's
treasury. The Board of Directors shall be empowered to adopt such
rules and regulations as it may deem necessary for the raising and
handling of chapter funds, for the accounting of chapter funds and
for the handling of any complaints brought under this Section. All
chapter bylaws, constitutions and/or charters shall contain adequate
reference to, and acknowledgement of, the provisions of Section
7 of Article XI. Accounts and chapter records shall always be available
for audit by the Association's Internal Audit Committee.
Section 8 - Contractual Restrictions
No chapter shall enter into any contract or agreement of any nature
which purports to be binding upon the Association without prior
written approval of the Board of Directors.
Section 9 - Discipline
In the event the chapter officers fail to hold at least four (4)
chapter meetings per year, as required by these Bylaws, the President
shall have the authority to suspend these chapter officers. After
it is determined that two (2) or more quarterly meetings have not
occurred, the Executive Director shall direct appropriate staff
to investigate the nature of the difficulty and provide assistance
in rectifying problems as they are able. After the results of a
staff investigation are presented to the Board, the Board may declare
any of these offices vacant. Thereafter, the Executive Director
shall have the responsibility for calling a chapter meeting and
reactivating the chapter by a method approved by the Board of Directors.
The Board of Directors shall have the authority to
revoke or suspend any chapter when it determines that the chapter
has acted in a manner that is detrimental to the best interests
of this Association or in violation of these Bylaws. Notification
of the decision of the Board shall be sent by certified mail to
those chapter officers whose names are on record at the Association's
Headquarters at the time of notification.
If any disciplinary actions are taken against any
chapter, the Board shall submit a written report of the full facts
to the Convention and shall furnish the chapter with a copy of the
report within thirty (30) days prior to the Annual Convention.
Section 10 - Appeal of Discipline
Any chapter or chapter officer(s) against whom disciplinary action
has been taken by the Officers of the Association shall have the
right to appeal this action to the Board of Directors. Notification
of the intent to appeal such action shall be made by the chapter
or chapter officer(s) in writing to the Association within ten (10)
working days after the chapter or chapter officer(s) have been advised
of the disciplinary action. Notification of the decision of the
Board of Directors shall be sent by the most reasonable and appropriate
means of written communication within sixty (60) days after
receipt of the appeal. The chapter or chapter officer(s) shall have
the right to appeal this decision or any other discipline by the
Board of Directors to the Convention. Notification of the intent
to appeal to the Convention shall be made in writing to the Association
within ten (10) working days after the chapter or chapter officer(s)
receives the decision of the Board by the most reasonable and
appropriate means of written communication. The written intent
to appeal may not be received at the Association's Headquarters
less than ten (10) working days before the Convention.
ARTICLE I-V | ARTICLE
VI-XI | ARTICLE XII-XVII | ARTICLE
XVIII
|