Bylaws of the National Association of Chapter 13 Trustees
(amended July 1, 2001)
ARTICLE I: MEMBERSHIP
Section 1. QUALIFICATIONS
Membership of the Association shall consist of Trustee members and Associate members. Any person who is continuously serving as a Standing Chapter 13 Trustee is eligible to become a Trustee member in the Association. Any person, firm, corporation or foundation in any way interested in the activities of the Association may become an Associate member.
Section 2. TERMINATION & SUSPENSION
2.01 Trustee membership in the Association shall be terminated when the Trustee no longer serves as a Chapter 13 Trustee either through death, resignation, or removal. Both Trustee membership and Associate membership may be terminated by voluntary withdrawal of membership.
2.02 Any membership may be suspended or terminated for cause and by vote of the Executive Board, provided an opportunity to appear and present defense is given to the member prior to suspension or termination of membership.
2.03 Any membership may be automatically terminated if a member defaults in paying dues in excess of ninety (90) days after they are due. In the event of such default, the membership of that individual may be reinstated only by the payment of a reinstatement fee of $50.00 or any amount otherwise established by the Executive Board. This reinstatement fee will be in addition to the required annual dues for the year in which the person or entity is re-joining the Association.
Section 3. HONORARY MEMBERSHIP
There shall be an honorary membership for which there are five criteria:
a.) Outstanding service to the Association.
b.) Honorary membership is available only to a previous trustee who no longer qualifies for Trustee membership.
c.) An honorary member must be nominated by a current Board member and must be approved by two-thirds of the current Board members.
d.) Once elected, the honorary member shall have the full rights of a participating trustee membership in good standing with the Association.
e.) An honorary membership shall be free of dues, assessments, and meeting registration expenses but must pay their own travel and lodging expenses except during the year of induction as an honorary member when all such expenses shall be borne by the Association.
Section 4. SECTION MEMBERSHIP
An Associate member may elect to become a member of a section of the Associates.
a.) Debtors Section. A section of the membership shall be established to investigate, promote and assist in educational programming on matters relating to consumer debtor issues. The President shall appoint a chair of the section from the membership of the section.
b.) Creditors Section. A Section of the membership shall be established to investigate, promote and assist in the educational programming on matters relating to consumer creditor issues. The President shall appoint a chair of the section from the membership of the section.
ARTICLE II: MEETINGS
Section 1. REGULAR MEETINGS
The Association shall conduct an Annual Meeting and may conduct a Mid-Year Meeting. At this Annual Meeting, the Association shall elect officers. At both the Annual Meeting and the Mid-Year Meeting, the Association shall receive reports, and conduct any other business deemed appropriate for the Association. Absent directive from the Executive Board, the Annual Meeting shall be open to all members of the Association. The Mid-Year Meeting shall be open to Trustee Members only. However, in its discretion, the Executive Board may direct that all or a portion of the Annual Meeting shall be closed to Associate Members and to non-members of the Association.
Section 2. NOTICE
Notice of the Annual Meeting and the mid-year Meeting shall be mailed to all members of the Association at the member's last known address at least thirty (30) days before the time set for the meeting. This notice shall be sent by the Seminar Chair, Executive Director or other person so directed by the Executive Board.
Section 3. QUORUM
For purposes of the Annual Meeting and the mid-year Meeting, a quorum shall consist of the Trustee members of the Association present at such meeting.
Section 4. PROCEDURE
The order of business at the Annual Meeting and the mid-year Meeting and the parliamentary procedure to be followed shall be that set forth in Robert's Rules of Order; however, the use of these rules may be altered or suspended at any meeting by a majority vote of the Trustee members present.
ARTICLE III: OFFICERS
Section 1. ELIGIBILITY
The election of officers shall occur at the Annual Meeting each year. Any Trustee member shall be eligible for office. A person who has served as an officer of the Association is not barred from re-election to the same office.
Section 2. TERM
The term of office shall commence immediately upon election and shall continue until a successor is elected. In the event of vacancy in any office, the Executive Board may at its discretion appoint a substitute to carry out all or a portion of the duties of the vacated office.
Section 3. OFFICERS & DUTIES
The elective officers of this Association shall consist of President, President-Elect, Vice-President, Secretary and Treasurer. Other officers may be established and officers elected at the Annual Meeting upon majority vote of the Trustee members present at such meeting.
3.01 The President, as chief officer of the Association, shall be present at meetings of the Association and of the Executive Board. The President shall communicate to the Association such matters and make such suggestions as may in the President's opinion promote the welfare and increase the usefulness of the Association and shall perform such other duties as are necessarily incident to the office.
3.02 The President-Elect shall serve in the absence of or throughout the disability of the President and shall have such other duties as may be assigned by the President or Executive Board. The President-Elect shall automatically become President at the conclusion of his term as President-Elect.
3.03 The Vice-President shall fulfill the duties and functions of the President- Elect in the event of the absence or disability of the President-Elect. The Vice-President or Executive Director shall establish, coordinate and oversee the educational program at the Annual Meeting.
3.04 The Secretary or Executive Director shall keep a record of business transacted at all meetings of the Association and of the Executive Board. The Secretary shall disseminate a report of the business transacted at the Annual Meeting to Trustee members of the Association upon receipt and reports of any meetings of the Executive Board to members of that committee. The Secretary or Executive Director shall establish, coordinate and oversee the educational program at the mid-year meeting.
3.05 The Treasurer shall keep an account of all monies received and expended for use of the Association and shall make disbursements as approved or authorized in the budget or by the Board of Directors. The Treasurer shall bill all members for their annual dues, as fixed by the Board of Directors not later than October 1 of each year. The Treasurer shall receive all monies/funds payable to the Association and shall have charge of all funds, securities, contracts and other valuable papers of the Association and deposit same in bank or banks or other depository designated by the Board of Directors. The Treasurer may make use of the Executive Director or other person(s) appointed by the Executive Board in carrying out the duties of the Treasurer.
All records, funds, and information in possession of the Treasurer shall be at all times subject to inspection and verification by the elected officers and Executive Board of the Association. Upon expiration of office, all funds, records, & other information under the control of the Treasurer shall be delivered to the successor.
ARTICLE IV: COMMITTEES
Section 1. STANDING COMMITTEES
The Association shall have the following committees on a permanent basis:
a.) Legal and Legislative Committee
b.) Finance Committee
c.) Seminar Committee
d.) By Laws Committee
e.) Executive Committee
f.) Nominating Committee
The Vice-President shall serve as chair of the Seminar Committee and shall assist the Executive Director as needed. The President shall appoint at the Annual Meeting or shortly thereafter the chair of the Legal and Legislative Committee, By Laws Committee, and Finance Committee. The Nominating Committee shall consist of the past three presidents of the Association with the immediate past President serving as chair. The report of Nominating Committee shall be mailed to all Trustee members at least thirty (30) days prior to the Annual Meeting or ten (10) days prior to the Annual Meeting if included in a quarterly newsletter.
With the advice and consent of the respective chairs, the President shall appoint the members of the Legal and Legislative committee, the By Laws Committee, and the Finance Committee. Membership of the Seminar Committee shall consist of the Vice President as chair, the Executive Director and any other person appointed by the President with the advice and consent of the Vice-President.
Section 2. EXECUTIVE COMMITTEE
The Executive Committee shall consist of the five officers of the NACTT.
2.01 POWERS
The Executive Committee shall have and may exercise those rights, powers and authority of the Executive Board as may from time to time be granted to it (to the extent permitted by law) by the Executive Board. Further, the Executive Committee is authorized to act on behalf of the NACTT when it would be impractical or imprudent to call a meeting of the entire Executive Board but is limited in authorizing expenditures not to exceed $2,500.00 annually for any one project. Under no circumstances may the Executive Committee perform nor may the Executive Board delegate to the Executive Committee any power or authority to amend the Articles of Incorporation or By-Laws, elect directors, change dates for mid-year meeting or annual meeting, incur debt or grant loans.
2.02 MEETINGS
The Executive Committee shall keep minutes of all of its meetings when any action affecting the NACTT is taken. The President shall act as chair of the Executive Committee and the Secretary or designee shall take the minutes.
2.03 QUORUM
A quorum for any officially constituted Executive Committee meeting must consist of at least four of the five officers and the President must be one of the attending officers.
ARTICLE V: EXECUTIVE BOARD
Section 1. MEMBERS OF THE EXECUTIVE BOARD
The Executive Board shall consist of the five officers of the Association, the Advisory Board, consisting of the immediate past four Presidents of the Association and four at large members each serving two year terms (two at large members will be initially elected to a one year term).
Section 2. SELECTION OF AT-LARGE MEMBERS
Any Trustee member desiring to serve as an At-Large member of the Executive Board shall notify the Nominating Committee by submitting an application to the chair of said Committee no later than sixty days prior to the date on which the election is to be held. Said application will be distributed to the membership no later than thirty days prior to the election along with a ballot. The completed ballot is to be received by the chair of the Nominating Committee no later than fourteen days prior to the election. Only the two candidates receiving the most votes will be elected to the open positions. In the event of a tie for the last At-Large position, the Executive Board will decide. The director's term shall commence immediately upon election and continue until a successor is elected.
Section 3. ELIGIBILITY
To be eligible to run for any at-large board position, the Trustee member must be a member in good standing as of the date the application is due. Any person who has served on the Board is not barred from reelection to an at-large position. No At-Large member may be elected to more than two (2) full consecutive terms.
Section 4. DUTIES OF EXECUTIVE BOARD
The Executive Board shall have complete supervision, control and direction of the affairs of the Association (other than those delegated to the Executive Committee), shall execute the policies and decisions of the membership, shall actively pursue the Associations objectives and shall have discretion in the disbursements of its funds. It may adopt such rules for the conduct of its business as shall be deemed advisable and appropriate and may appoint sub-committees or agents to work on specific problems or reports. It may advise the President in all matters including, but not limited to, the appointment of committees. The Executive Board shall meet at least once annually at the approximate time and place of the Annual Meeting. Additionally, the Executive Board shall convene either telephonically or as a body at such other times throughout the year as is appropriate to carry out its duties. These additional meetings of the Executive Board shall be held either upon request of the President or upon demand in writing of a majority of the Trustee members of the Association.
Section 5. QUORUM
At all meetings of the Executive Board, a majority of the members in office and qualified to act constitute a quorum for the transaction of business and the action of a majority of the directors present at any meeting at which a quorum is present is the action of the Executive Board.
Section 6. REMOVAL
Any member of the Executive Board may be removed for failure to properly perform the duties assigned to said member by a vote of 2/3 of the other members of the entire Executive Board. The member who is the subject of such removal is not eligible to vote. Should an at-large member be removed, the vacancy can only be filled by an appointment by the President for the remainder of that term.
ARTICLE VI: VOTING
Section 1. RESOLUTION
Any matter which arises for determination by the membership of the Association shall be determined by vote of the Trustee members of the Association at the Annual Meeting, the mid-year Meeting, or at such other times as the Executive Board may determine. A majority of votes of the Trustee members participating in voting shall determine the outcome.
Section 2. ELIGIBILITY TO VOTE
No Trustee member shall cast a vote at any meeting or in any election, if that member is not a member in good standing for the year in which the meeting is being held.
Section 3. SPECIAL MEETING
If, in the judgment of the Executive Board, a question arises which is deemed to be a matter for determination by the Trustee members of the Association, and when it is deemed to be inexpedient to call a special meeting for that purpose, the Executive Board may submit the matter to the Trustee membership in writing by mail, fax or e-mail. If 51% of the Trustee members cast votes within ten (10) days following the mailing of the ballots, the question shall be deemed to be determined by a majority of the votes received by mail, and the action taken shall be as effective as action taken at the duly called meeting.
ARTICLE VII: AMENDMENTS
The Articles of Incorporation and By Laws may be amended, repealed or altered in whole or in part, by majority vote of the Trustee members present at the Annual Meeting or mid-year Meeting. Notice of the proposed changes must be mailed to Trustee members at least twenty days prior to the meeting at which the changes will be considered.
ARTICLE VIII: FUNDS
1. Trustee and Associate members of the Association shall pay dues in the amounts established by the Executive Board. 2. Association funds shall be used as deemed appropriate to fulfill the goals and objectives of the organization. 3. Persons entrusted with the handling of Association funds or property may be required, at the discretion of the Executive Board, to furnish a suitable fidelity bond. The Association shall pay the expenses of such bond. 4. Members of the Executive Board shall be reimbursed for all reasonable expenses, including travel, lodging and clerical costs, incurred during the term of their service for work performed on behalf of the Association. However, no member shall be reimbursed for the expense of travel or lodging for the Annual Meeting of the Association with the exception of complimentary lodging which may be provided for the President. 5. The Executive Board shall each year, at a regular or special meeting held on or before March 31, set the annual dues for members for the ensuing year. Such dues shall include the annual subscription of each member to the NACTT Quarterly, publication. For dues purposes, the Executive Board may classify members according to such factors as it determines to be relevant and prescribe dues of a different amount for each class so created. Such annual dues shall be payable in advance as of December 1 of each year. Adopted by the NACTT.
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