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Class By-Laws/Robert'sRules

 

 

                                        Bylaws

OF

The Class of 1968 Atkins High School

 

 

ARTICLE I.

OFFICES

Section 1.

Principal Office. The name of this organization shall be The Class of 1968 Atkins High School. The principal office of the organization shall be located in the City of Winston-Salem, NC.

Section 2.

Other Offices. The Class may have offices at such other places as the affairs of the organization may require from time to time.

 

ARTICLE II.

OBJECTIVES

 

Section 1. The objectives of this organization shall be:

  1. Promote and maintain communication, fellowship and collaboration with Members from      Atkins High School and especially the class of 1968.
  2. Advancement of community issues through volunteer service to the community.

     c.   Engage in any other lawful activities that further the purpose of the

          organization.

 

   Section 2.

             No part of the net earnings of this organization shall be to the benefit of, or   

             be  distributable to, its officers, members, or other private persons, except

             that the organization shall be authorized and empowered to pay reasonable

             compensation for services rendered and to make payments and   distributions

             in furtherance of its approved purposes.

 

Section 3. Only class members whose annual dues are current shall be eligible to vote on class actions. All members may participate in class activities, functions and events provided that any entrance or user fees are paid when due. All members may participate in discussions or debates during the organization’s meetings or call meeting, however the privilege of voting is reserved for members whose dues are current at the beginning of a meeting at which a quorum is present.    

 

Section 4.  The class may utilize various electronic applications such as the internet, teleconferencing, e-commerce, debit card and electronic transfers or similar processes to conduct the business affairs of the organization.  Electronic transfer encompasses electronic deposits, wire transfers, recurring payments, debit/credit cards.      

 

 

 

 

ARTICLE III.

CLASS MEETINGS

Section 1.

Regular Meetings. Unless otherwise ordered by the class, regular meetings will be held once each month except during regularly scheduled vacation periods.

Section 2.

Special meetings.

Special meetings may be called by the President/Vice President as necessary. At least 48 hours notice (personal, written, or telephoned) shall be given each member. The business to be transacted at any special meeting shall be limited to the subject of the meeting.

 

Section 3.

Quorums.

The organization must announce that a quorum has been achieved as the first action after calling the meeting to order. (A quorum is the number of members (7) who must be present, in person or by proxy, to legally hold a meeting.) If you do NOT have a quorum, then an election – and almost any action taken at a meeting cannot be accomplished. The only things that can validly be done without a quorum are to have an informal discussion session with those present, take a short recess or to reschedule the meeting. Specifically, the President’s options are:

Adjourn and reschedule the meeting for another date.

Treat the rest of the meeting as an informal forum. Announce that, because there is no quorum, no votes or elections may be taken.

If there is some possibility that a few more members can be quickly rounded up and achieve a quorum, the meeting maybe recessed for a short period of time.

Minutes of the meeting should reflect the number of class members present and the fact that quorum was not achieved, and the rescheduled meeting date. Note that a class forum was held, but the topics of the forum are not properly part of the meeting minutes.

 

                         ARTICLE IV.

                      COMMITTEES

Responsibilities

Committees perform the duties set forth in these bylaws and such other duties as directed by the President, or as prescribed in the parliamentary authority. (It is not necessary to detail specific duties of each committee in these bylaws, unless the class wishes to do so.)

 

 

ARTICLE V.

OFFICERS

Section 1.

Elected Officers.

The officers shall be President; Vice President; Financial Secretary; Secretary; Treasurer; Assistant Treasurer; Parliamentarian/Sergeant at Arms and such additional officers, as the class may provide.

 

Section 2.

 Term of Office.

 Elected officers shall hold offices for 5 year(s) or until their successors are elected. They shall be eligible for no more than 5 consecutive years in the same office. A vacancy in any office because of death, resignation, removal, disqualification or otherwise may be filled for the unexpired portion of the term by a quorum of the class.

 

Section 3.

Duties.

Officers shall perform the duties provided in these bylaws and such other duties as prescribed for the officers in the adopted parliamentary authority.

Section 4.

Removal. Any officer or agent elected or appointed may be removed when it is in the best interests of the Class and as approved by two thirds of the members at a meeting in which a quorum is present.  

Section 5.

Bonds. The Class may by resolution require any officer or agent of the class to give bond to the class, with sufficient sureties, conditioned on the faithful performance of the duties of his respective office or position, and to comply with such other conditions as may from time to time be required.

Section 6.

President. The President shall be the principal executive officer of the class and shall in general supervise and control all of the business and affairs of the class. The President shall sign, with the Secretary, and Assistant Secretary, or any other proper officer of the class all legal documents, contracts or other legal instruments that have been authorized by the organization.

Section 7.

Vice President. In the absence of the President or at his discretion, the Vice President, will perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon the President.

Section 8.

Secretary. The Secretary shall: (a) keep the minutes of the meetings of the Class in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these bylaws ; (c) be custodian of the class records and of the seal of the class  and see that the seal of the class is affixed to all documents the execution of which on behalf of the class under its seal is duly authorized; and (d) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the President.

Section 9.

Assistant Secretary. In the absence of the Secretary the Assistant Secretary, shall perform the duties of the Secretary, and when so acting shall have all the restrictions upon the Secretary. They shall perform such other duties as may be assigned to them by the Secretary or by the President.

Section 10.

Treasurer. The Treasurer shall: (a) have charge and custody of and be responsible for all funds and securities of the class; receive and give receipts for monies due and payable to the class from any source whatsoever, and deposit all such monies in the name of the class and (b) in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him/her by the President by these bylaws.

Section 11.

Assistant Treasurer. In the absence of the Treasurer the Assistant Treasurer, shall perform the duties of the Treasurer, and when so acting shall have all the powers of and be subject to all restrictions upon the Treasurer. They shall perform such other duties as may be assigned to them by the Treasurer or by the President.

 

 Section 12.                                

 Financial Secretary (a) The Financial Secretary shall: Record all receipts in a bound ledger book, indicating the date of receipt, number of receipt issued, amount, from whom received, and for what account (e.g., membership, fundraising). (b) Note any refunds or disbursements that need to be made.  (c) Give the treasurer itemized bills, sales slips, and invoices for payment by check (d). Make sure that at least two people count the money together.

This may include the event chairman and treasurer or any class officer.

(e). Prepare a monthly financial report of all monies received, deposits made and/or authorizations for payment.

 

ARTICLE VI.

DUES, CONTRACTS, LOANS, CHECKS, DEPOSITS AND GIFTS

Section 1.

 

Section 2.

Dues and Fiscal Year. The fiscal year shall be a calendar year beginning January 1st through December 31st of each year. Annual dues will be set by two thirds of the members of the class in a meeting in which a quorum is present.

Contracts. The President may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Class, and such authority may be general or confined to specific instances.

Section 3.

Loans. No loans shall be contracted on behalf of the Class and no evidences of indebtedness shall be issued in its name unless authorized by the Class. Such authority may be general or confined to specific instances.

Section 4.

Checks and Drafts. 

All checks and drafts issued in the name of the Class, shall be signed by such officer or officers of the class and in such matter as shall from time to time be determined by the class. Such instruments shall require two signatures, the Treasurer or Assistant Treasurer and countersigned by the President or Vice President.

 

For Electronic Transfers after class approval, a letter of concurrence, from the Treasurer and Financial Secretary will be generated stating approval date by the class, the amount, and reason for use. This document will become part of our official records. This can be accomplished via emails to the Treasurer and Financial Secretary. Each must send an email to each other and the President or Vice President (if the President is unavailable) for official approval of use of the electronic transfer instrument.

 

The Debit card and any other type of electronic instrument for payment shall be in possession of the Treasurer. In the event the Treasurer becomes unavailable the instrument will be transferred to the Assistant Treasurer.  Only via class approval shall said instrument be in the possession of any other classmate.

Section 5.

Deposits. All funds of the class not otherwise employed shall be deposited from time to time to the credit of the class in such depositories as approved by the class.

Section 6.

Gifts. The class may accept any contribution, gift, bequest or device for the general purpose or for any special purposes of the class.Additionally, the Class is limited to making contributions/donations of no more than 15% of it's current treasury funds. Any changes to this percentage shall be made per Article VII section 1.

 

   

 

                   ARTICLE VII.

          GENERAL PROVISIONS

 

 

Section 1.

Amendments. Except as otherwise provided herein, these bylaws may be amended or repealed and new bylaws may be adopted by the affirmative vote of two thirds of the members at any regular or special meeting of the Class at which a quorum is present, provided that at least ten (10) days written notice is given of intention to alter, amend, repeal or adopt new Bylaws (or articles of incorporation) at such meeting.

Section 2.

Distribution Upon Dissolution. Upon dissolution, all of the class’s assets shall, after all of its liabilities and obligations have been discharged or adequate provision made therefor, be distributed to any association or charity, as agreed by a two thirds quorum of voting members of the class.

Section 3.

Books and Records. The class shall keep correct and complete books and records and shall also keep minutes of the proceedings of the class and committees. The books, records and papers of the class shall be available for inspection by any member of the class at reasonable times upon request.

 

BASIC ELEMENTS OF ROBERT’S RULES OF ORDER

Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies.

In the United States, parliamentary procedure is also referred to as parliamentary law, parliamentary practice, legislative procedure, or rules of order.

Follow parliamentary procedure to debate and reach group decisions—usually by vote and with the least possible friction.

Rules of order consist of rules written by the body itself (often referred to as bylaws), but also usually supplemented by a published parliamentary authority.

Five Basic Principles of Parliamentary Procedure

1. Only one subject may claim the attention of the class (Floor) at one time.

2. Each proposal presented for consideration is entitled to full and free debate.

3. Every member has rights equal to every other member.

4. The will of the majority must be carried out and the rights of the minority must be preserved.

5. The personality and desires of each member should be merged into the larger unit of the organization.

These are the basic elements of Robert’s Rules:

I. Make a Motion. To introduce a new piece of business or propose a decision or action, a motion must be made by a member, say “I move that...”. A second motion must then also be made and say, “I second it.”. The assembly can now discuss or debate the motion. Only one person at a time may speak and must first be recognized by the presiding officer. The presiding officer should try to alternate between those favoring and those opposing the motion. After limited discussion the group then votes on the motion. A majority vote is required for the motion to pass (or quorum as specified in your bylaws).

II. To Postpone an Item Indefinitely. This tactic is used to kill a motion. When passed the motion cannot be reintroduced at that meeting. It may be brought up again at a later date. This is made as a motion (“I move to postpone indefinitely...”). A second is required. A majority vote is required to postpone the motion under consideration.

III. To Amend a Motion Reconsider or Rescind This is the process used to change a motion under consideration or previously passed at an earlier meeting (not more than 3 months old). Amending a Motion (Reconsider or Rescind)

The purpose of the "motion to amend" is to modify a motion that has already been presented in such a manner that it will be more satisfactory to the members.

1. Methods of amending: By addition or insertion--to add something to the motion which it did not contain.

2. By elimination or by striking out--to subtract or eliminate something from a motion that was originally part of it.

3. By substitution--this method is a combination of the first two methods, since in amending by substitution something is stricken and something is inserted in its place.

The substitution portion may consist of a word, a phrase, a clause or an entirely new motion.

An important principle to understand in connection with any form of the motion to amend is that an amendment "MAY BE HOSTILE, BUT IT MUST BE GERMANE."

- Hostile is meant opposed to the spirit and aim of the motion to which it is applied.

- Germane is meant having direct bearing upon the subject of the motion, that is, relevant or relating to it.

An amendment may be opposed to the actual intent of the original motion and in fact, nullify it. But if it relates to the same subject matter, it is germane.

1. Discussion is held and the vote taken upon the amendment to the amendment

2. Discussion is called for and the vote is taken upon the amendment to the motion.  Perhaps you like the idea proposed but not exactly as offered. Get recognized by the chair and make the following motion: “I move to amend the motion on the floor.” This also requires a second. After the motion to amend is seconded, a majority vote is needed to decide whether the amendment is accepted. Then a vote is taken on the amended motion. In some organizations, a “friendly amendment” is made. If the person who made the original motion agrees with the suggested changes, the amended motion may be voted on without a separate vote to approve the amendment.

IV. To Commit a Motion. This action is used to place a motion in committee. It requires a second. A majority vote must rule to carry it. At the next meeting the committee is required to prepare a report on the motion committed. If an appropriate committee exists, the motion goes to that committee. If not, a new committee is established.

V. To Call for the Question. To end a debate immediately, the question is called (say “I call for the question”) and the action needs a second. A vote is held immediately (no further questioning is allowed). A two-thirds vote is required for passage. If it is passed, the motion on the floor is voted on immediately.

VI. To Table a Discussion. To table a discussion is to lay aside the business at hand in such a manner that it will be considered later in the meeting or at another time (“I make a motion to table this discussion until the next meeting. In the meantime, we will get more information so we can better discuss the issue.”) A second is needed and a majority vote required to table the item under discussion.

VII.** To Make a Point of Order. A point of order is an announcement that the rules are not being followed. If you’re in a meeting and the group’s rules are not being followed, a point of order is the way you deal with that. if another has the floor all discussions must stop. You simply state which rule you think is being broken, then you wait for a ruling from the Chair. If you disagree with the Chair’s ruling, you can appeal it; thus, allowing the class to decide on the matter.

VIII. To Adjourn a Meeting. A motion is made to end the meeting. A second motion is required. A majority vote is then required for the meeting to be adjourned (ended)

** Robert's Rules says that any member who notices a breach of the rules has a right to call immediate attention to the fact and insist that the rules be enforced by raising a point of order.

If you notice a breach of the rules, especially if that breach impinges on your rights or the rights of other members, you rise — quickly, even if you interrupt a speaker, or you'll be too late — and say, "Point of order, Madam President!" or "Madam President, I rise to a point of order!" When you're recognized, you state your reasons for thinking your organization's rules aren't being followed correctly. The president, hopefully, recognizes the validity of your point and goes back to following the rules.

A point of order can be raised at any time when any member notices a violation of the rules. The chair's duty is to make a decision, called a ruling, on the point of order. She may need to check the rules or the bylaws, or ask the parliamentarian for advice, but in any case, a point of order is usually ruled on in one of two ways: The point is declared either "Well-taken," or "Not well-taken," and a short explanation of the ruling is given.

Sometimes, however, the point being raised is not as clear as whether a member's motion is being handled correctly. The point of order may, for example, be that a proposed amendment is not germane to the main motion. In that case, the chair may reasonably be in doubt (or may just prefer to let the assembly decide the point in the interest of harmony). If that's the case, she responds, "The chair is in doubt on the member's point. All those who consider the amendment germane will say aye . . . Opposed, no . . . The ayes have it and the amendment is germane."

A point of order

  • Can interrupt a speaker who has the floor.
  • Doesn't need to be seconded.
  • Isn't debatable.
  • Can't be amended.
  • Is decided by the chair.
  • Can't be reconsidered.

NOTE:

In smaller meetings, like a committee or board meeting, often only four motions are used:

● To Introduce (Motion) “I move that….”

● To Change a Motion (Amend)”I move to…”

● To Adopt (Accept a Report Without Discussion) “I move that…”

● To Adjourn (End the Meeting) “I move that…”

Remember, these procedures are designed to ensure that everyone has a chance to participate and to share ideas in an orderly manner. Parliamentary procedure should not be used to prevent discussion of important issues. 

 

Motions-Making, Discussing, Voting, Amending Motions

1. Propose'the'Motion

Member raises hand to address the presiding officer and waits to be recognized.

The presiding officer recognizes the member.  Member proposes a motion. When a member of the assembly wishes to discuss a topic or agenda item, he/she must first move that it be approved for discussion. - To introduce a motion, say “I move that…” followed by a statement of the proposal. The motion is not discussed

 until it has been seconded by someone and stated in full by the chair.

2. Seconding the Motion

Once the initial motion has been made, the topic will be discussed only after another Classmate has seconded the motion by saying “I second the motion.” If no one seconds the motion, the chair may ask, “Did the- chair hear a second to the motion?” If there is none, the chair will declare, “The motion is lost for want of a second.” The purpose of requiring a seconding of a motion is to confirm that more than one member of the assembly wishes to discuss it. Seconding a motion does not necessarily signify agreement with the motion; a classmate may second a motion only to secure closure on an issue.

The chair restates the motion in full after it has been properly made and seconded.

3. Discuss the Motion

During discussion or debate of the motion, a classmate may apply to speak by raising his/her hand or being recognized by the chair If the application is recognized, the President will say “The chair recognizes “name.” Once recognized, the classmate may speak. While another person is speaking, the other members of the assembly will give that speaker their full attention. No one may raise their hand or speak until the speaker has finished other than to ask a question

related to the topic under discussion. The motion can be withdrawn by the motioner, amended by any member or voted on. On any given topic, discussion will be limited to 15 minutes unless the assembly decides it requires more and votes to extend the time allowed.

4. Vote on the Motion

The Presiding officer calls for a vote on the motion (“putting the motion to a vote” ) when all members have finished discussion or he/she deems the discussion has become redundant. He/she will ask for any further discussion. If none, the discussion is closed. The chair will then take the vote by announcing: “All in favor of the motion to (restate the motion) raise their right hand or say Aye. After that count is taken, the chair will ask “all those opposed” followed by “all abstaining.” Hands should remain raised until the secretary can count the votes in each category.

5. Announce and record the vote

The chair states, “the ayes have it and the motion is carried” or “the nays have it and the motion is lost.” At that point the Secretary records the motion originator, seconder, the motion, any amendments, and the vote count for the minutes. (Unanimous, In favor of, Opposed to, Abstained)

How to Change a Motion:

When you want to change a motion that is on the floor, you must first be recognized.  Then you say, “I move to (amend, reconsider, or rescind) the motion by (and state your change precisely).”

To Amend a Motion, Reconsider or Rescind: This is the process used to change a motion under consideration or previously passed at an earlier meeting (not more than 3 months old). The purpose of the "motion to (amend, reconsider or rescind)" is to modify a motion that has already been presented in such a manner that it will be more satisfactory to the members.

 There are three ways to change a motion:

a. By adding –add something to the original motion.

b. By striking out – strike out something from the original motion

c. By striking out and inserting—striking out something from the original motion and inserting something else in its place.

An amendment must have direct bearing on the main motion. When an original motion has been amended, there is a specific order of voting.

1. Amendments are voted upon in order before the group can consider the main motion.

2. After discussion, if necessary, the vote is taken on the amendment to the motion.  If this amendment passes, then the motion is amended.

3. After discussion of the amended motion, The vote is taken on the main motion as amended.

For additional information, consult Robert’s Rules of Order, Newly Revised.