NACTT Bylaws

 

Bylaws Of The
National Association of Chapter 13 Trustees
As Amended On July 1, 2015

ARTICLE I: MEMBERSHIP

Section 1. Qualifications

Membership of the Association shall consist of Trustee members and Associate members.   Any person  who is regularly 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

2.1              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.

2.2              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.

2.3              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 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.

2.4              No member suspended or terminated as provided above shall be entitled to a refund of all or any portion of said member’s dues.


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 fees, but honorary members must pay their own travel and lodging expenses except during the year of induction as an honorary member. For that seminar year, all such fees and expenses for attendance at the Annual Meeting, the Mid-Year Meeting, and any special membership meetings conducted shall be borne by the Association.


Section 4. Section Membership

An Associate member may elect to become a member of a section of the Association.

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.  Said chair shall serve at the discretion of the President and each said term shall not exceed one year.


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.  Said chair shall serve at the discretion of the President and each said term shall not exceed one year.

ARTICLE II: MEETINGS

Section 1. Regular Meetings

The Association shall conduct an Annual Meeting and may conduct a Mid-Year Meeting at such places, dates and times as are chosen by the Executive Board. 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. Special Meetings

Special meetings of the membership may be held whenever, in the judgment of the Executive Board, it is expedient to do so, at such places, dates and times as are chosen by the Executive Board, for the conduct of any business deemed appropriate for the Association.  At the discretion of the Executive Board, all or any portion of any special meeting shall be closed to Associate Members and to non-members of the Association.

Section 3. Notice

Notice of all meetings of the membership shall be mailed to all members of the Association at the member’s last known address at least ten (10) days and not more than fifty (50) days before the time set for the meeting. This notice shall be sent by the Seminar Chair, Executive Director, or other person(s) so directed by the Executive Board, and shall set forth the place, day and hour of the meeting and, in the case of a special meeting, the purpose(s) for which the meeting is called.

Section 4. 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 5. 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

Except as provided in Article III, Section 2 hereof, the election of officers shall occur at the Annual Meeting each year. Any Trustee member in good standing shall be eligible for office. A member who has served previously as an officer of the Association is eligible to run for election or re-election to that or any other officer position.

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 other than President, the Executive Board may at its discretion appoint a substitute to carry out all or a portion of the duties of the vacated office.  In the event of a vacancy in any officer position, the duties of that office will be assumed by other officers at the discretion of the remaining officers.

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.

3.1      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.

3.2      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.

3.3      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.

3.4      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.

3.5     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.) Bylaws Committee
e.) Executive Committee

f.) Parliamentarian

g.) 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, Bylaws Committee,   Finance Committee, and a Parliamentarian.

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 Bylaws 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.

2.1      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 $5,000.00 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.

2.2      Meetings The Executive Committee shall keep minutes of all of its meetings. The President shall act as chair of the Executive Committee and the Secretary or designee shall take the minutes.

2.3      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. A member who has previously served on the Board is eligible to run for election or re-election to an at-large position, provided that no member may be elected to more than two (2) full consecutive terms as an at-large member.

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 by conference telephone or e-mail communication 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 And Vacancies

Any member of the Executive Board other than an officer may be removed for cause by a vote of two-thirds (2/3) of the other members of the entire Executive Board.  Cause shall include, but is not limited to, failure to properly perform the duties assigned to that member; and/or engaging in conduct that discredits the association and/or its goals.  An officer may be removed for failure to perform properly the duties assigned to that officer by vote of the membership. Should an at-large or Advisory Board member position become vacant by reason of removal or otherwise, the vacancy may 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 or election is held.

Section 3. Special Meeting Action By Members Without A 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 Trustee members cast votes within ten (10) days following the transmission of the ballots sufficient in number to determine the question if it were presented at a membership meeting at which all Trustee members were present and voting, the question shall be determined by the votes received, and the action taken shall be as effective as action taken at a duly called meeting.

Section 4. Voting Procedures

4.1.            Voting in contested elections for officers or At-Large Executive Board seats shall be by secret ballot. Other votes of the Association may be taken by secret ballot upon the request of one-third of the Trustee members present and voting at any meeting.

 

4.2.            Voting may be conducted by mail. When a secret ballot is conducted by mail, ballots shall be distributed by the Association headquarters. A mail ballot shall be cast by returning the ballot in a plain envelope bearing the word "BALLOT," the name of the Association, and the election or other matter for which the ballot is cast. The ballot envelope shall itself be sealed in an envelope on which the Trustee shall certify his or her eligibility to vote. The certifying envelope shall be mailed to the Association headquarters or such other place as the Executive Committee may designate as the recipient of ballots. Upon determination that the trustee member is eligible to vote, the ballot envelope shall be removed from the certifying envelope and held unopened until the time for submitting ballots has expired. All ballot envelopes shall be mixed or shuffled to prevent identification prior to any ballot envelope being opened. Upon the expiration of the time for submitting ballots, the ballot envelopes shall be opened and the results tallied.

ARTICLE VII: AMENDMENTS

The Articles of Incorporation may be amended by a two-thirds (2/3) vote of the Trustee members present at the Annual Meeting or Mid-Year Meeting or at a special meeting called for that purpose, or without a meeting as provided by Article VI, Section 3 hereof.    Notice of the proposed changes must be mailed to Trustee members at least twenty (20) days and no more than fifty (50) days prior to any meeting at which the amendments are considered. The Bylaws 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 or at a special meeting called for that purpose, or without a meeting as provided by Article VI, Section 3 hereof. Notice of the proposed changes must be mailed to Trustee members at least twenty (20) days and no more than fifty (50) days prior to any meeting at which the changes are 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 and Program Chair and complimentary registration for the Annual Meeting of the Association which shall be provided to the Program Chair.

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 7/1/2015