Bi Laws From Steve Potts

ASSOCIATION OF SELF ADVOCATES OF NORTH CAROLINA CONSTITUTION AND BY-LAWS

ARTICLE 1 – NAME Section 1. The name of the association shall be Association of Self Advocates of North Carolina. ARTICLE 2 – PURPOSE Section 1. The purpose of the association is: A. To serve as a collective voice for people with developmental

disabilities. B. To provide a statewide network in which participants can meet

other self advocates to exchange ideas, give and receive support, and work together on common goals. C. To encourage persons with developmental disabilities to take

an active role in the community and to pursue their personal goals and dreams. D. To facilitate individualization and full integration in the mainstream of society. E. To increase each member’s ability to take charge of his/her own life. F. To help people with developmental disabilities take a stand in

society.

G. To increase community awareness of the value, rights, and

abilities of people with developmental disabilities. H. To promote both services and laws appropriate to meet the

needs and to enhance the status of persons with developmental disabilities. I.

To encourage the development of local self advocacy groups across the state of North Carolina.

Section 2. This association is a nonprofit, nonpolitical, nonsectarian corporation. No part of any net earnings shall inure to the benefit of, or be distributable to, its members, directors, or officers, except that the association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of purposes set forth in the articles of incorporation and the constitution and bylaws. The corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Nonwithstanding, any other provisions of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170 (c)(2) of the Internal Revenue Code. Section 3. This association is organized exclusively for charitable and educational purposes and shall not participate in or carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under Section 170 (c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.

ARTICLE 3 – MEMBERSHIP Section 1. All members must agree with the mission and purpose of the association. Section 2. Membership in the Association is for a period of one calendar year and membership in good standing requires that the individual has completed a membership application or the convention registration form and has paid membership dues. Membership in the association shall consist of the following categories: Full voting members: Individuals with developmental disabilities who are members in good standing. All voting members are allowed all the benefits of the ASANC and will be allowed one vote at official business meetings of the association. Associate members: a) Individuals who do not have a disability. b) Individuals who have disabilities other than a developmental disability. c) Organizations, corporations or businesses d) Persons with developmental disabilities aged 16-18. Associate members may participate in all activities of the association but do not vote on actions of the association. Self Advocacy Group Members: Local self advocacy groups will have at least five members, an elected leader, and will meet at least quarterly. All members will receive all mailings of the association.

Section 3. All full voting members must be at least 18 years of age. Section 4. The membership period is for one year to be renewed annually. Section 5. Dues for membership shall be established at the annual meeting for the following year. Section 6. The membership year for all members shall be a twelve month period. The membership year begins during the month in which annual dues are paid. Dues shall be payable during the same month of initial membership of an annual basis thereafter. The Association will maintain an active membership directory. Section 7. No person shall be denied membership on basis of race, religion, sex, or disability. ARTICLE 4 – OFFICERS AND THEIR JOB RESPONSIBILITIES Section 1. The five (5) officers of the association shall consist of President, Vice-President, Secretary, Treasurer, and Past President.

Section 2. Individuals eligible to serve as an officer must:

a) have a developmental disability b) have been a member of the association for at least one year c) demonstrate leadership abilities by having served or be serving

as an officer of a local self advocacy group or as chairperson of a standing committee. d) agree to be pre-screened by the Nominations committee. Section 3. The term of office shall be for two years. Section 4. No officer shall serve more than two consecutive terms in the same office. Section 5. All elected officers shall serve on the Board of Directors. Section 6. The duties of the President shall be: a) To preside at the annual meeting and board meetings of the association b) To receive documents and written materials of the association c) To appoint by submitting names for chairpersons of standing committees to the Board of Directors for approval by majority vote. d) To appoint temporary ad hoc committees and task forces necessary for the conduct of the association’s business e) To submit names for interim officers to the Board of Directors for approval by majority vote should a vacancy occur in any office between annual business meetings. Section 7.

The Vice President shall, in absence of the President, perform the duties of the President and any other duties assigned by the association or President. The Vice President shall serve as chairperson of the Convention committee. Section 8. The Secretary shall record all minutes of annual meeting and board meetings and be responsible for the distribution of information, notification, etc., to the membership concerning the activities of the association through collaboration with the Executive Director. The Secretary shall assist with the maintenance of an up to date membership list. Section 9. The Treasurer shall handle fiscal matters concerning the association and present a written quarterly financial report to the Board of Directors and an annual financial report to the general membership. The Treasurer will work with the person chosen as the Financial Advisor when available. Section 10. The Past-President shall serve as the Chairperson for the Nominations standing committee and the Awards ad hoc committee. ARTICLE 5 – BOARD OF DIRECTORS Section 1. The Board of Directors shall be responsible for conducting the business of the association between the meetings of the general membership to occur no less than quarterly. Section 2. The Board of Directors shall consist of 15 voting members. (a) The elected officers (President, Vice President, Secretary, and Treasurer)

(b) 10 Directors [at-large] appointed to 2 year terms (staggered

terms 5 odd / 5 even – as best as possible) and (c) The immediate Past-President Section 3. The President shall act as chairperson of the Board of Directors. Section 4. Any vacancies occurring on the Board of Directors may be filled by the Board through the appointment of an interim member from the membership by a majority of the voting members of the Board. Upon two (2) consecutive unexcused absences from Board meetings, (no contact made) the Secretary will write a letter to the member stating that his or her standing on the Board is in jeopardy if he or she does not attend the next meeting. A member of the Board shall be removed from office after 3 consecutive unexcused absences from board meetings. A member of the Board may be removed by a 2/3 vote of the board for failure to perform the duties as required by the Board. A Board member may request temporary inactive status due to special circumstances such as a medical issue if approved by a majority vote of the Board. Section 5. At the Board’s discretion by majority vote, the Board of Directors may appoint ideally (4-6) non-voting advisors to the Board. The Board of Directors shall develop guidelines for participation in Board meetings in conjunction with the selected advisor, advisors of committees, and advisors to local self advocacy groups. There shall be no more than 6 advisors. All must possess knowledge and interest in Self Advocacy and must understand and support the mission and philosophy of the ASANC. Nominations will be sought on an as needed basis to fill vacant positions. Prospective advisors may be nominated by any local self advocacy group or member in good standing and must be approved by a majority vote of the Executive Committee. Advisors serve for a two year term and may serve two consecutive terms.

ARTICLE 6 – MEETINGS Section 1. Business meetings shall be held annually for the general membership normally in March. Section 2. Written notice of the annual meeting shall be mailed thirty (30) days in advance by the Secretary to all paid members. Section 3. Meetings of the Board of Directors shall be held at least quarterly. Notice of the meetings shall be made at least fifteen (15) days in advance. Minutes from board meetings shall be distributed to the Board within thirty (30) days after the Board meeting. Section 4. Standing committees shall meet more than once a year and as frequently as needed. Section 5. A quorum at the Annual Business meeting shall consist of 1/10th of the members in attendance at the Annual Convention. A quorum of the Board shall be at least ½ of the Board. ARTICLE 7 – COMMITTEES Section 1.

The Executive Committee shall be comprised of five (5) members the President, Vice President, Secretary, Treasurer, and the immediate Past President. Section 2. The Standing Committees shall be: A) By-laws and Policies B) Recruitment and Membership C) Legislation D) Convention E) Nominations F) Personnel Section 3. The President shall appoint chairpersons of the Standing Committees to be approved by the Board by majority vote. Section 4. Standing committee chairs may appoint an advisor to the committee and select its members. Section 5. The President may appoint ad hoc committees as needed with the approval of the Executive Committee by majority vote. ARTICLE 8 – NOMINATIONS AND ELECTIONS Section 1. The Nominations Committee shall consist of: A) The Chairperson shall be the past-President. B) Two (2) members appointed by the Board of Directors C) Two (2) members appointed by the President. Section 2.

The Nominations Committee shall be convened at least three (3) months prior to the annual meeting when the elections are held. The primary responsibilities of this committee are that it checks that all candidates meet the eligibility requirements for office and that the individuals that are nominated are willing to accept the actual nomination. Section 3. The Nominations Committee shall notify the general membership of the individuals nominated for office at least one (1) month prior to the election. Section 4. Elections shall be held each year at the annual meeting for the offices of President, Vice President, Treasurer, and Secretary. The Nominations Committee will actively promote that there be at least two (2) candidates for each position. Section 5. Voting shall be by secret ballot. And must be at least 2/3of the membership that votes. The Nominations Committee shall record the votes. ARTICLE 9 – FINANCES Section 1. Annual membership dues shall be set by a majority vote of the membership at the annual meeting. Section 2. The fiscal year for the association shall be July 1 through June 30.

Section 3. The funds of the association shall be used by the Board of Directors for conducting the business of the association. The Board shall not expend in excess of the treasury. Section 4. The treasurer shall devise a budget for the following fiscal year to be presented to the Board of Directors prior to March 1st. The Board of Directors shall approve a proposed budget at the annual meeting by majority vote. Section 5. The Treasurer shall present an annual budget report to the Board of Directors within ninety (90) days following the end of the fiscal year. Section 6. Upon dissolution of the corporation, the Board of Directors shall, after paying or making provision for the payment of all liabilities, dispose of all the assets of the association exclusively for the purposes in Article 2 and which at that time qualify as an exempt organization or organizations under Section 501 (c ) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board of Directors shall determine. If no such exempt organization(s) shall be in existence at that time, all assets shall be distributed to an organization or organizations which serve persons with developmental disabilities and which at that time qualify as an exempt organization or organizations under Section 501(c )(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law).

ARTICLE 10 – PARLIMENTARY PROCEDURE Section 1. All meetings of the association shall be governed by Robert’s Rules of Order, revised. Agendas will have proposed time allotments for each item. The Vice President will serve as the timekeeper. The Secretary will be responsible for maintaining a speakers list.

ARTICLE 11 – AMENDING THE CONSTITUTION AND BY-LAWS Section 1. This Constitution and By-laws may be amended at the annual business meeting of the association by a two-thirds (2/3) majority of what must be at least a 10% quorum for the convention. Section 2. Any member in good standing may propose amendments to the Constitution and By-laws. Section 3. Proposed amendments to the Constitution and By-laws shall be distributed to the membership at least thirty (30) days prior to the annual meeting.

Approved at the 2008 ASANC Convention on March 15th, 2008 at 3:30pm