CAD By - Laws
CALIFORNIA ASSOCIATION OF THE DEAF, Inc.
(A Non-Profit Corporation)
ARTICLES OF INCORPORATION and BY-LAWS
As Revised on July 4, 2005
Know all men by these presents:
That we, the undersigned citizens and residents of the State of California, do hereby voluntarily associate ourselves together for the purpose of incorporating a private corporation under the laws of the State of California.
First: That the name of said Corporation shall be the California Association of the Deaf.
Second: That the object for which said Corporation is formed is the advancement of the moral, social and intellectual standing of the deaf of California, and the establishment and maintenance of the California Home for the Deaf where deaf people of advanced years may receive the solace of religious services in their own language. The property of said Corporation and Home is irrevocably dedicated to charitable purposes and upon liquidation, dissolution or abandonment thereof, will not inure to the benefit of any private person except a fund, foundation, or a corporation organized and operated for charitable purposes dedicated to the welfare and relief for the deaf.
Third: That the place where the principal business of said Corporation is to be transacted is Sacramento, California.
Fourth: That the term for which said Corporation is to exist is in perpetuity from and after the date of incorporation. There is no capital stock.
Fifth: That the number of directors of said Corporation shall be eleven (11) and the names and residences of the directors, who are appointed for the first year and to serve until the election of such officers and their qualifications are as follows, to wit:
L.C. Williams, Piedmont, Calif.
O.H. Reyensberg, Los Angeles, Calif.
Jos. Gabrielli, Sacramento, Calif.
Isadore Selig, San Francisco, Calif.
E.W. Lohmeyer, San Francisco, Calif.
W.S. Runde, Berkeley, Calif.
J.W. Howson, Berkeley, Calif.
Monroe Jacobs, Berkeley, Calif.
Kossuth Selig, San Francisco, Calif.
E.E. Norton, San Francisco, Calif.
M.I. Aronson, Berkeley, Calif.
L.C. Williams, Piedmont, Calif.
That on the 25th day of February, A.D. 1914, in the County of Alameda in said State of California, an election was held in accordance with a resolution adopted at the last prior special meeting of said association held on the 26th day of December, A.D. 1913, at Berkeley, State of California; that notice of such meeting for the election of directors was given to the members of said association; that a majority of the members of said association voted at such election, and that result therefore was that the directors hereinbefore named were declared duly elected.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 31st day of March, A.D. 1914.
L.C. Williams (Seal)
O.H. Reyensberg(Seal)
Jos. Gabrielli (Seal)
Isadore Selig (Seal)
E.W. Lohmeyer (Seal)
W.S. Runde (Seal)
J.W. Howson (Seal)
Monroe Jacobs (Seal)
Kossuth Selig (Seal)
E.E. Norton (Seal)
M.I. Aronson (Seal)
State of California >
City and County of > SS.
San Francisco >
L.A. Maldonado and W.M. Lester, being duly sworn, depose and say: that they were the officers that conducted that election for directors above mentioned; that said election was held, and that the time and place of said election and result thereof above set forth, are true of their own knowledge.
Subscribed and sworn to before me this 31st day of March, A.D. 1914
MARTIN ARONSHON,
Notary Public in and for the City and County of
San Francisco, State of California
S/ L.A. Maldonado, Chairman
S/ W.M. Lester, Secretary
ARTICLE I - NAME
Section 1.1 NAME
The name of the Association shall be the CALIFORNIA ASSOCIATION OF THE DEAF, INC. (CAD) hereby shall be known as the “Association”.
Section 1.2 STATUS
The Association shall be a not-for-profit 501(c)(3) organization, incorporated in the State of California.
ARTICLE II - PURPOSE
Section 2.1 PURPOSE
The mission of the California Association of the Deaf is to protect the civil rights of the movement (empowerment) of Deafhood1 and promote the social, (American Sign Language), cultural, health, educational and economic well being of the Deaf (Californians) Community in the state of California.
CAD has identified the following key areas to accomplish this mission:
Language/Cultural
Employment
Education
Communication
interpreters
telephone/video relay services
other technical services
Advocacy
Legislation
Information and Referral
Business Ventures
California Home for the Adult Deaf
Section 2.2 LANGUAGE AND CULTURAL
CAD recognizes American Sign Language (ASL) as the most accessible and natural language of and for the Deaf in America and therefore supports all activities that will preserve, honor and promote ASL and Deaf Culture.
Section 2.3 EMPLOYMENT
CAD acknowledges that employment opportunities for Deaf and hard of hearing Californians are still limited and there is much work to be done to improve the economic status of Deaf and hard of hearing people. CAD will assist in the development of innovative employment opportunities by working with appropriate state and local agencies to improve entry into a wider variety of careers.
Section 2.4 EDUCATION
CAD believes that accessible education of all Deaf and hard of hearing people is critical to the development of mind, body and spirit. This includes support of an educational philosophy that will recognize and honor ASL and Deaf Culture, and provide the most appropriate learning choices for the individual.
Section 2.5 COMMUNICATION
CAD acknowledges that there is a growing variety of communication systems and tools available to assist Deaf and hard of hearing individuals with their day-to-day activities. Therefore, CAD will work with individuals or agencies to ensure that they provide the highest quality service, maintain trust and respect deaf peoples’ communication choices.
Section 2.6 ADVOCACY
CAD will initiate and implement public relations programs, which show Deaf and hard of hearing people of all walks in life in a positive manner. CAD will also maintain a vigorous role in referring and aiding advocacy programs for rights of Deaf and hard of hearing people in the state of California.
Section 2.7 LEGISLATION
CAD will serve as a watchdog for legislation and court proceedings and provide input on state policies as they relate to deafness and/or Sign Language.
Section 2.8 INFORMATIONAL AND REFERRAL
CAD will serve as a clearinghouse for information and provide referral to services in the areas of deafness, Sign Language and interpreting.
Section 2.9 BUSINESS VENTURES
CAD will work closely with local/statewide businesses by attending chamber of commerce meetings in order to establish potential business ventures for Deaf and hard of hearing entrepreneurs. This is to provide greater economic opportunities for both Deaf and hard of hearing to make a positive impact within the Deaf community.
Section 2.10 CALIFORNIA HOME FOR THE ADULT DEAF (CHAD)
In 1952, CAD established a home for Deaf and hard of hearing people of advanced years. CAD will continue to maintain this home and oversee its daily operations to ensure that these residents receive the solace of services in their own language.
ARTICLE III - SCOPE OF FINANCIAL ACTIVITY
Section 3.1
This corporation may, in any legal manner acquire, hold, own, sell, lease, encumber, and otherwise legally dispose of all kinds of property, real and personal.
Section 3.2
This corporation may solicit, receive, and hold money and property by gift, contribution, bequest, devise, or otherwise, and such property may be sold and converted to cash for the operation and maintenance of said corporation.
Section 3.3
This corporation may invest funds received, as well as the income from other property, for the operation and maintenance of said corporation.
Section 3.4
This corporation may borrow money, incur indebtedness by mortgage deed of trust, pledge, or otherwise.
ARTICLE IV - GOVERNMENT
Section 4.1 MEMBERSHIP
The Association shall be open to all subgroups of the Deafhood individuals without discrimination on the basis of race, color, creed, sex, sexual orientation, religion, ethnic origin, or disability.
Section 4.2 INDIVIDUAL
The individual must be a minimum of 18 years of age to become a member. Individual members shall have voting privileges at the Board of Directors meetings and the State Conference. Individuals may serve in any appointed positions or on any committees.
Section 4.3 AFFILIATED ORGANIZATIONS
Affiliated organizations shall be referred as local clubs and associations of the Deaf in the State of California. The affiliated organization shall be recognized as a member of the Board of Directors. For organizations with less than 100 members, they receive the privilege of one voting representative on the Board of Directors. For organizations with more than 100 members, the privilege of two voting representatives on the Board of Directors is granted.
Section 4.4 STATE AFFILIATION
State Affiliation shall be referred to local or statewide not-for-profit organizations, which primarily serve Deaf, Hard of Hearing, Late-Deafened, and Deaf-Blind individuals in the State of California. The privilege of one voting representative on the Board of Directors is granted.
Section 4.5 HONORARY
Persons eminent for distinguished services to the deaf may be made honorary members of the Association. They shall be entitled to all privileges of the Association, but shall have no interest in the property of the Association.
a. Honorary members shall be elected by a two-thirds (2/3) vote of the membership at the biennial Conference.
b. Nominating procedure for honorary membership shall be as follows: prior to new business, any member may submit a name for consideration, together with a written summary of the nominee's action to the membership for a vote.
Section 4.6 CAD PATRON
Members of this Association shall be CAD Patron members of this Association upon payment of a CAD Patron contribution.
a. The CAD Patron members’ contribution shall be either a one-time payment or periodic payments within the two years time period between Association Conferences.
b. The Patron members shall meet during the Conference and determine the amount of proposed CAD Patron contribution for the next-two year cycle. The proposal shall be brought to the Conference Assembly for a vote.
c. All monies collected from the CAD Patron contributions shall go into a special fund: the CAD Patron Fund.
d. The objective and usage of the CAD Patron Fund shall be for the operation and maintenance of the Association Home Office.
e. By their contribution, the CAD Patron members, in addition to all privileges granted to regular members, are entitled to two years of Association membership, and special consideration during the next Association Conference. Specific entitlements shall be spelled out by the Board of Directors at the first Board meeting following every Association Conference.
ARTICLE V - EXECUTIVE BOARD OF DIRECTORS
Section 5.1 EXECUTIVE BOARD OF DIRECTORS
The elective officers shall be President, Vice President, Secretary, Treasurer, Membership Director, two Directors-at-Large, and Past President. The elective officers shall be known as the Executive Board of Directors.
Section 5.2 RESPONSBILITY
The Executive Board of Directors shall implement and oversee the decisions of the Board of Directors.
ARTICLE VI - GOVERNMENT
Section 6.1 President
The President shall preside at all meetings of the Association and of the Board of Directors; appoint the standing committees and all other committees not otherwise provided for in the By-Laws, and report annually to the Association members, showing the progress and financial condition of the Association. The President shall have general supervisory power over the Association, and direct the Secretary to call special meetings of the Association when necessary, following procedures listed in the By-Laws.
Section 6.2
The President shall be the chief spokesperson for the Association and shall chair business meetings of the Board of Directors and the Biennial state conference. The Office of the President shall be limited to two consecutive terms. The President shall appoint such committees as may be necessary and shall be an ex-officio member of all committees. The President shall be the chair of the California Delegation in any National Association for the Deaf (NAD) business functions.
Section 6.3
The President shall render a report to the Association at its biennial Conference.
ARTICLE VII - VICE PRESIDENT
Section 7.1 VICE PRESIDENT
The Vice President shall serve at any time the President is unable to serve, or when the office of the President becomes vacant.
ARTICLE VIII - SECRETARY
Section 8.1 SECRETARY
The Secretary shall be responsible for the minutes of all Board of Directors meetings and the State Conference, and official documents of the Association.
Section 8.2
The Secretary shall record a brief synopsis of all bonds executed by the officers of the Association, conduct the general correspondence of the Association, and perform such other duties as the Board may direct.
Section 8.3
The Secretary shall notify each member of the Board of Directors and each Chapter secretary of the times, place, and tentative agenda of the next Board of Directors meeting at least thirty (30) days before the date of the meeting; and shall within thirty (30) days after the conclusion of each Board of Directors meeting, send copies of said minutes to each Board Member, each Chapter secretary, and the Editor of the official publication of the Association.
Section 8.4
The Secretary shall report to the Board of-Directors on the status of active Chapters for purposes of determining the eligibility of the Chapter Representatives. The secretary shall report at the first Board meeting of the year.
Section 8.5
The Secretary shall make minutes available to members of the Association, complete copies of the most current By-Laws by September following the biennial conference and post on the CAD web site.
a. The Secretary shall post By-Laws on the CAD website for viewing.
Section 8.6
The Secretary shall be responsible for all valuable papers, which are to be kept in a safekeeping place as determined by the Board of Directors.
ARTICLE IX - TREASURER
Section 9.1 Treasurer
The Treasurer shall have charge of vested funds of the Association and shall serve as a member of the Finance Committee.
Section 9.2
All Disbursements in payment of authorized debts of the Association shall be made by check, signed by the Treasurer and countersigned by either the President or the Secretary, within thirty (30) days of receipt of the bill or voucher.
Section 9.3
The Treasurer shall deposit all monies, within 30 days upon receiving, belonging to the Association in established and recognized financial institutions as the Board of Directors may determine.
Section 9.4
The Treasurer shall keep an account of all properties, investments, and funds of the Association and chapters, which shall at all times, be open for inspection.
ARTICLE X - MEMBERSHIP DIRECTOR
Section 10.1 MEMBERSHIP DIRECTOR
The Membership Director shall keep a file showing names of members, their addresses, and dues renewal dates. The Director shall record the members’ name, dates and amounts upon receiving the dues.
Section 10.2
The Membership Director shall provide the Treasurer, Secretary, and President with an up-to-date list of members in good standing at each Executive Board of Directors meeting, or whenever requested, complete with any address changes.
Section 10.3
The Membership Director shall work closely with the Association Executive Director and the Home Office Staff in maintaining membership rolls.
Section 10.4
The Membership Director shall develop and carry out the recruitment and marketing programs, with assistance of the Chapters, to retain current membership and to maintain the growth of numbers of members in the Association.
Section 10.5
The Membership Director shall send out membership renewal notices and forward all dues collected to the Association Treasurer in a timely manner.
Section 10.6
The Membership Director shall make available to the Chapters the list of members residing in their respective geographic area.
ARTICLE XI -
DIRECTORS AT LARGE
Section 11.1 Directors at Large
The two (2) Directors-At-Large shall be assigned to special projects and committees as determined by the Board of Directors and shall render reports to the Board of Directors on such projects or committees.
ARTICLE XII - IMMEDIATE PAST PRESIDENT
Section 12.1 IMMEDIATE PAST PRESIDENT
The person who stepped down from the office of President shall automatically be appointed as the immediate past president.
Section 12.2
The Past President shall be granted life membership in the Association.
ARTICLE XIII - BOARD OF DIRECTORS
Section 13.1 BOARD OF DIRECTORS
The government of this Association shall be vested in a Board of Directors consisting of the Executive Board of Directors, Parliamentarian, one representative from each active Chapter, one representative from each State Affiliation, Representatives for all affiliated organizations in good standing and the chairs of each standing committee.
Section 13.2
Any member of the Board of Directors with two consecutive unexcused absences from Executive Board of Directors and/or Board of Directors Meeting will be considered as having vacated the from his position.
ARTICLE XIV - AUTHORITY
Section 14.1 AUTHORITY
The Executive Board of Directors, through its consensus, shall have power to appropriate from the Association general funds in such amounts as it may deem necessary to meet the ordinary expenses of the Association, and to carry out the wishes of the membership as expressed at the State Conference and Board of Directors meetings.
Section 14.2 REMOVAL from Office
Elected and appointed Board members may be removed after a due process hearing for failure to carry out their duties or for unethical incidents by a two-thirds (2/3) closed ballot vote. This vote shall be made by the majority of Board of Directors presented at the meeting and shall be held in a closed session.
Section 14.3 RESIGNATION of an elected and appointed Board Members or Representatives
An elected and appointed Board members or Representative may resign at any time by submitting a written notice to the Executive Board of Directors. Upon receipt of resignation, the Executive Board of Directors shall appoint its replacement.
Section 14.4 CONTRACTS
No contract that obligates the Association in any way shall be valid without the knowledge and signature of the President and the knowledge and approval of the Board of Directors.
Section 14.5 CONFLICT OF INTEREST
Board members shall disclosure potential conflict of interest, shall recuse oneself from decision making action.
Section 14.6 STANDING COMMITTEE
The standing committees of the Association shall be the Bylaws, Finance, Endowment Fund, Director State Pageant, Director of Communications, Director of Programs and Director of Membership. The President shall appoint the chair of each standing committee.
Section 14.7 AD HOC Committee
The Board of Directors may form an ad hoc committee, which may include Special Interest Groups (SIG) as needed, with the chair of each to be appointed by the President.
ARTICLE XV - MEETINGS AND CONFERENCES
Section 15.1 EXECUTIVE BOARD OF DIRECTORS MEETINGS
The Executive Board of Directors shall meet monthly or when called by the President with advanced notice of a minimum of five working days.
Section 15.2 BOARD OF DIRECTORS MEETING
The Board of Directors shall meet quarterly, open to the public. However, only the Board of Directors, except for the Parliamentarian, may have the floor and voting privileges.
Section 15.3 SPECIAL MEETINGS
Special meetings of the Board of Directors may be called by the President, when he as deemed necessary, for the Association.
Section 15.4 BIENNIAL CONFERENCE
The Association shall meet on a biennial basis at the State Conference during odd-numbered years.
The site to host the biennial conference shall be selected at least four years in advance. In the event no conference host is selected, the Association shall take responsibility of the conference with a Chairperson to be appointed by the President.
Any affiliated organization may bid to host the biennial conference by submitting a letter of intention to the President of the Association. The host bidder must show that they have financial capacity, personnel, equipment and experience to meet all of the terms and conditions of hosting the biennial conference. A deposit of five hundred dollars ($500.00) shall be required with the letter. The Association shall return the deposit to organizations that do not receive the winning bid to host the Biennial Conference.
The Chairperson, appointed by the host organization, shall submit a proposal, including the dates and the site of the State Conference, by the first board meeting after the adjournment of the State Conference.
Section 15.5 REASONABLE ACCCOMMODATION
All meetings and conferences of this Association are conducted in American Sign Language. Upon 7 days of advanced notice, reasonable accommodation will be provided to individuals who need assistance. Request for accommodation must be made in writing or through e-mail to the CAD President.
ARTICLE XVI
Organizing meeting, Appointment of Committees and Chapter Representatives
Section 16.1
The Executive Board of Directors shall meet no later than 60 days after the close of the conference for purpose of organization and delegation of committee and officer responsibilities. The results shall be reported in the CAD publication. The President, with the approval of the Board of Directors, shall announce appointments of chairpersons of Standing Committees. Committee membership will consist of at least three members. Duties of Committees are determined by guidelines adopted by the Board. Standing Committees shall include but not be limited to Budget/Finance, and By-Laws.
Section 16.2
Prior to each biennial Conference, President will appoint Conference committees: Resolutions and Thanks and Nominations.
Section 16.3
At themeeting, the Budget/Finance committee will be organized, will be responsible with monitoring of all CAD finances, and will report the financial health at the following Conference.
Section 16.4
Each Chapter shall elect a minimum of one Chapter Representative (depending on size of the chapter) after each Association biennial Conference or as soon as practical, and shall serve a term of two years. The Chapter Representative shall also be a member of the Board of Directors.
ARTICLE XVII - FISCAL MANAGEMENT
Section 17.1
It shall be the duty of the Treasurer to receive all monies belonging to the Association, to submit a financial report to the Association at each Board of Directors meeting, and at the State Conference. The Treasurer shall honor only such orders as have been duly assigned by the President or by instruction of the Board of Directors. The Treasurer shall be bonded in a minimum of five thousand dollars ($5,000), premium to be paid by the Association.
Section 17.2
The Treasurer shall deposit all funds in his or her care for safekeeping in a bank depository insured by the FDIC and approved by the Board of Directors. A checking account shall be maintained with a minimum balance of five hundred dollars ($500.00) and all other funds shall be deposited in interest bearing accounts.
Section 17.3
All accounts are to be in the name of the California Association of the Deaf, Inc. and all funds promptly deposited therein.
Section 17.4
All checks shall have two (2) signatures, designated by the Executive Board of Directors and the Treasurer.
ARTICLE XVIII
FINANCE
Section 18.1 BOND
The Treasurer shall be bonded in a minimum of five thousand dollars ($5,000), premium to be paid by the Association. The State Conference Chairperson and the Conference Treasurer shall be bonded in an amount to be determined by the Board of Directors, premium to be paid by the Association.
Section 18.2 Compensation
No honorarium, fees, compensations, commissions, or recompenses shall be paid by the Treasurer to anyone without the knowledge and approval of two-thirds (2/3) of the Executive Board of Directors’ present and voting.
The Association shall pay direct expenses (reimbursement) for lodging, meals, and per diem for the Executive Board of Directors during all board meetings, special meetings, and the State Conference, if funding is available. The Association may pay direct expenses or reimburse members of the Executive Board of Directors for lodging, meals and per diem incurred during regular or special board meetings or at State Conferences. The Board of Directors shall set the maximum payments allowed in each area contingent upon available Association funds.
All affiliates shall be responsible for all expenses of their representatives to all board meetings, special meetings and the State Conference.
The Association shall pay up to two (2) delegates from the rank of the Board of Directors for the registration and travel expenses to the National Association of the Deaf Conference or any N.A.D. business functions under the travel discretion of the Board of Directors.
Section 18.3 Fiscal Year
The Fiscal Year of the Association shall be from July 1st to June 30th.
Section 18.4 Membership Dues
All membership dues shall be paid to the Association on an annual basis based on receipt, except for Affiliation Dues.
Membership dues are to be determined by the Board of Directors at the board meeting under the discretion of the Treasurer and are in effect until changed by action at the succeeding board meeting.
Affiliation dues are to be determined by the Board of Directors at the board meeting under the discretion of the Treasurer and are in effect until changed by action at the succeeding board meeting.
For the affiliate organizations, first year affiliate fees shall be determined by the Executive Board of Directors and recognize, support and respect Association’s mission and in compliance with Article II.
d. Retired and/or members sixty (60) years of age and over, or retired on social security or other pension, or receiving permanent disability payments for reasons other than deafness, will pay the regular dues at reduced rate as determined by the Board of Directors at the quarterly meeting.
Section 18.5
Renewals are due on the first day of the month after the expiration of the annual dues.
Section 18.6
Agencies/organizations established specifically of, by, and for the deaf and hard of hearing community, may become affiliated members by paying annual dues as established by the Association at its biennial Conference.
ARTICLE IXX
Funds (CLASSIFICATION)
Section 19.1 FUNDS
The Association funds, General and Special, shall be combined in one account when it is financially advantageous to the Association.
Section 19.2 The Association funds, General and Special, shall be kept separated in the books of the Association; with accrued interest allotted proportionally to the proper funds.
Section 19.3 The General Fund will be drawn upon for current expenses of the Association; said expenses to be paid by check.
Section19.4 All monies accruing to the Association shall be deposited in the General Fund unless otherwise specified by the donor or the action of the Board of Directors or by action of the Association.
ARTICLE XX
SPECIAL FUNDS
Section 20.1 SPECIAL FUNDS
The California Home for the Aged Deaf (CHAD) Fund shall be donations and bequests and such other ways and means as shall be devised. The fund shall be held in trust by the Executive Director to be used toward the maintenance and operation of the Home under the direction of the Board of Directors of the Association.
Section20.2 The Ramger Emergency Fund is to be disbursed only upon decision of the President, Vice Presidents, and Secretary in event of an emergency need for legal purposes and/or to assist Association members, Chapters or the Association itself.
Section 3.3 20.3 The Home Office Patrons (HOP) Fund shall be the contributions from the HOP Members and any other donations specified to this Fund. The Fund shall be held in trust by the Association Treasurer to be used towards operation and maintenance of the Association Home Office.
ARTICLE XXIV XXI
Donations and Bequests
Section 21.1 DONATIONS AND BEQUESTS
The Association may receive donations and bequests. Such monies shall be kept in a separate fund or funds for the purpose intended.
Article XXII
Endowment Fund
Section 22.1 Endowment Fund
The Association shall maintain a Endowment Fund for the purposes of establishing a reserve fund to be used to establish a home office, ongoing operating expenses and the demands of state-wide advocacy for the best interest of the Association and / or the Deafhood. The Endowment Fund shall consist of investments, securities, receivables, and cash collectively brought together for the purpose of the Fund. The Fund shall bear no other name, title or purpose other than specified.
Section 22.4 JURISDICTION
The Endowment Fund shall be under the jurisdiction of the Executive Board of Directors of the Association.
A committee of three (3) members in good standing, appointed by the President, shall maintain and control the activities of the Fund within the Association. One member shall serve as the Chairperson of the Endowment Fund Committee.
Each member shall serve a term of three years. Each member’s terms shall be staggered.
c. Any member of the Executive Board of Directors shall not serve on the Endowment Fund Committee, nor have any possession of the funds.
d. Any member of the Executive Board of Directors shall not sign or authorize any transactions without the full written approval of the Board of Directors present.
Section 22.5 DUTIES
The Endowment Fund Committee shall meet at least two (2) times a year to review the financial status and transition of the Fund.
a. The Chairperson shall present the Endowment Fund Report to the Board of Directors at each Board of Directors meeting and at the State Conference.
b. The Endowment Fund shall be audited on an annual basis prior to the next State Conference by members appointed by the President. Members of the Board of Directors and Endowment Fund Committee are prohibited from participating in the audit process.
Section 22.6 DISBURSEMENT
The interest amount from the Fund shall be disbursed by the guidance of the Board of Directors for the establishment and operating expenses of the California Association of the Deaf home office and for advocacy purposes. Cash disbursements shall be submitted in writing and approved by the majority vote of the Board of Directors.
ARTICLE XXIV
Biennial Conferences
Section 24.1 The Conference order of business may include host sites promoting their locations. The final selection for the Conference site shall be determined by a vote of the Board of Directors no later than two years prior to that Conference date. The Board of Directors shall make their selection based on the criteria from the CAD Conference Guidelines.
Section 24.3 Notice of place and dates of the next Conference of the Association shall be published in each issue of the official publication of the CAD, details of Conference arrangements should be up-dated as the local Conference committee proceeds in its programs.
Section 24.4 The order of the business shall be as follows:
Invocation
Roll Call for Quorum
Necrology
Adoption of Conference Rules
Adoption of Conference Agenda
Approval of Daily Minutes
Communications
Reports of officers
Reports of Standing Committees
Unfinished Business
New Business
Advisory Conference Bid
Elections
Announcements
Adjournment
Section 24.5 All expenses incurred with local arrangements for any Conference shall be paid out of the local Conference Fund. The sum of $200 may be borrowed from the Association to start its Conference Fund by the local committee. The Association shall pay any deficit. Any balance remaining in the local Conference Fund, after payment of all expenses, shall be divided equally between the Chapter sponsoring the Conference and the Association.
Section 24.6 The local host chapter shall close the books, turn in financial report and funds to Association Treasurer within 60 days after the close of the Conference.
Section 24.7 Conference registrants shall be charged a registration fee of at least $2.50 15.00, all of which fee shall go to the Association Treasury.
ARTICLE XXV
Biennial Election
Section 25.1 TERM OF OFFICE
The Executive Board of Directors shall hold office for a term of two (2) years, or until the successors have been elected and installed. Installation shall occur at the State Conference.
Section 25.2 The election of officers shall be on the last day of the biennial Conference; the vote shall be by secret ballot.
Section 25.3 Nominations for office shall be those who are part of the Deafhood, a California resident and be active Association member for at least two years.
Section 25.4
A nominating committee, responsible for nominations for biennial elective officers shall be composed of five persons appointed by the Board of Directors.
Officers of the Association shall be elected by closed ballots by a majority of the members present and voting at the State Conference.
In the case of a tie, the President shall break the tie.
In the event there is only one candidate nominated for office, voting shall be by general consent or by a ballot cast by the Secretary of the Association.
Section 25.5 DELEGATES
For delegates to the NAD Region IV Conference and the NAD Conference, nominated from the floor, a majority of votes cast shall elect.
Section 25.6
Officers shall assume the duties of their respective office after being sworn in at the State Conference. Outgoing officers shall have thirty (30) days in which to turn over to their successors all official documents, property and correspondence belonging to the Association.
ARTICLE XXVI
Amendments
Section 26.1 The Articles of Incorporation and the By-Laws of this Association may be amended by a two-thirds (2/3) vote of the membership in Conference assembled.
Section 26.2 Proposed amendments shall be offered to the Association secretary in writing no less than 30 60 days prior to the Conference. The Secretary shall cause copies of the proposed amendments to be sent to the individual members of the By-Laws Committee.
Section 26.3 Amendments submitted to the By-Laws Committee must be reported to the Conference with a recommendation from the By-Laws Committee.
Section 26.4 The By-Laws Committee may offer amended or substitute proposals in lieu of those offered by members.
Section 26.5 The amendments to these By-Laws adopted at meetings of the Association shall become effective on adoption.
Section 26.6 Any provision in the By-Laws except for all portions of the Article pertaining to the amendments may in unforeseen and urgent circumstances be suspended temporarily at any time during the business session of the Conference for a specific purpose by a three-fourths vote.
ARTICLE XXVII
Quorum
Section 27.1 Thirty members in good standing shall constitute a quorum of the Association at any regular Conference meeting.
ARTICLE XXVIII
National AffIliation
Section 28.1
This Association shall be a Cooperating Member Association of the National Association of the Deaf.
Section 28.1
This Association may affiliate with or become a cooperating association member of other organizations of disabled persons with overlapping and/or parallel interests.
Section 28.3
The Association shall meet all of its obligations as a Cooperating Member Association including annual payments as set by the National Association of the Deaf, Inc. (NAD) and sending to the National Conference the maximum number of representatives to which it is entitled under the current laws of the National Association of the Deaf, Inc.
ARTICLE XXIX
Parliamentary Authority
Section 29.1 PARLIAMENTARY AUTHORITY
The rules contained in "Roberts Rules of Order Newly Revised" shall govern the Association in all cases in which they are not inconsistent with the By-Laws or Conference rules of order of the Association.
ARTICLE XXX
Official Publication
Section 30.1
The Association shall issue an official publication concerning the affairs of the Association. This shall be published and distributed to members by direct mail.
Section 30.2
The President of the Association shall be editor-in-chief and shall appoint such members necessary to serve as editorial staff during his tenure of office.
ARTICLE XXX— CHAPTERS
Section 1.0 Members or prospective members of the Association may petition the President of the Association to organize and conduct a Chapter in the city, town, or district in which the petitioners live.
Section 1.1 Upon receiving the proper credentials,, the Chapter may be installed and the following officers elected: President, Vice President, Secretary, Treasurer, Chapter Representative to the Board of Directors, and three Trustees. The candidates for office must be members of the Association in good standing.
Section 1.2 If any of the chapter officers fail to maintain CAD membership during the term shall pay dues retroactive to the last expiration date.
Section 2.0 The objective of the Chapters shall be primarily to aid the Association in its statewide projects; secondarily, to enlarge their membership and further local projects.
Section 3.0 A newly organized Chapter shall have at least ten (10) members of the Association in good standing at the time of its founding; thereafter a minimum of five (5) members in -good standing shall be necessary to continue its existence.
Section 3.1 Chapters shall be named after cities, towns, or districts in which they are located.
Section 4.0 In the event of dissolution of a Chapter, all assets shall devolve to the Association within 180 days. The Secretary shall send a letter to the Chapter to request the assets.
Section 5.0 A Chapter may meet regularly or when convenient but must hold at least four (4) meetings a year. The officers may call a special meeting when necessary and must call a special meeting when requested to do so in writing by a majority of the members of the Chapter in good standing. All members must be notified of all meetings by mail.
Section 6.0 Chapters may have Chapter dues for nominal expenses such as postage, notifying members of meeting dates, rental of meeting place.
Section 7.0 Life members of the Association., who join a Chapter, are subject to Chapter by-laws and pay dues and any special assessment the same as other members of the Chapter.
Section 8.0 The Chapter Treasurer may not be the Association Treasurer.
Section 8.1 The President shall preside at all meetings; appoint the Standing and Special Committees; direct the Secretary to send out notices of regular or special meetings; countersign checks issued by the Treasurer; and perform any other functions provided for in the Chapter by-laws.
Section 8.2 The Vice President shall preside in the absence of the President.
Section 8.3 Chapter Secretaries shall keep correct minutes of all meetings and send three copies of all minutes (including a summary of the financial report) to the Association Secretary within ten days after each business meeting. The Association Secretary will keep one copy for his files, one copy to be sent to the Association President, and one copy to the Editor of the official publication.
Section 8.4 The Secretary is custodian of the Charter; all documents belonging to the Chapter, except the books of the Treasurer; and at the expiration of his term, shall deliver within one month all records and property of the office to his successor.
Section 8.5 The Chapter Treasurer is authorized to receive monies for the Association and Chapter dues and Issue an official receipt to the member with copies to the Association Membership Director. All
Association monies along with a copy of the member’s receipt shall be given to the Association
Treasurer.
Section 8.6 All chapter disbursements shall be made by check signed by the Treasurer and countersigned by the President; he shall keep a record book of the names and addresses of all Chapter members; he shall notify all Chapter members when they are in arrears; he shall provide the Chapter Secretary with a list of all members in good standing or in arrears.
Section 8.7 The Treasurer shall be bonded, if necessary, in an amount sufficient to cover existing assets.
Section 8.8 Chapter Representatives to the Association Board of Directors, in addition to duties of the Board, shall act as liaison and keep channels of communication open between the Association and the Chapter.
Section 8.9 Any vacancy in the office of Chapter Representative to the Board of Directors, in between regular elections, shall be filled by the Chapter Board of Directors.
See. 8.10 An alternate Chapter Representative shall be selected to serve when needed.
Section 8.11 It shall be the duty of the Trustees to audit the reports of the Chapter Treasurer, his books, vouchers, and all disbursements as authorized. They shall make duplicates of their audit for the Chapter President and Chapter Secretary's file. They shall also audit all social committee reports.
Section 9.0 The Association shall not be responsible for the expenses of the Chapters.
Section 10.0 Chapters shall not function in opposition to the Articles of Incorporation or/and By-Laws of the Association, nor be operated in violation of any law or ordinance.
Section 11.0 Chapters shall not be conducted in competition with social organizations of the deaf in their locality, but may be a composite part of "umbrella" organizations of the deaf.
Section 12.0 The Board of Directors of the Association may suspend or dissolve a chapter for violation of the Articles of Incorporation and or By-Laws of the Association.
Section 13.0 Members of the Association need not join the Chapter geographically nearest their residence; but members may not take an active part in the business of more than one Chapter.
Section 14.0 Chapters may have by-laws patterned after those of the parent organization.
Section 15.0 Chapters shall hold their biennial elections immediately following the Association Conference or as soon afterwards as possible.
Section 15.1 Chapter officers shall hold office for a two year term.
Section 16.0 Each Chapter shall be responsible for the normal expenses of its duly elected representatives to the meetings of the Association Board of Director meetings and to the Association Conference to the extent possible as determined by each Chapter Board of Directors
ARTICLE XXXI
Dissolution
Section 31.1 DISSOLUTION
In the event the Association is dissolved after payment of all debts and liabilities, remaining assets shall be distributed to the deaf community based organizations: religious, charitable, educational or scientific organizations dedicated to the betterment of the deaf people.
ARTICLE XXXII
CALIFORNIA HOME FOR THE DEAF
(SUSPENDED UNTIL FUTHER NOTICE)
Section 32.1
The operation and maintenance of the California Home for the Deaf (CHD) shall be the direct responsibility of the Association Executive Director.
Section 32.2
The Executive Director may appoint an Administrator and all other necessary personnel to assist in the day-to-day operation of the CHD.
Section 32.3
The Administrator reports directly to the Executive Director.
Section 33.3
The CHD Advisory Council may be formed for the purpose of fundraising and promoting the CHD program. The council shall have a minimum of nine members. Representatives in good standing from each of the local area CAD Chapters and of local groups or clubs may serve as members of the Council.
Section 34.4
The Council shall report to the Association President or his appointed designate.
Section 34.5
A representative to the CHD Advisory Council shall be elected by individual Chapters after each CAD Conference, or as soon as practical, and shall serve a term of two years. or until their successor is elected after the next Conference.
Section 34.6
In the event a Chapter representative cannot attend meetings of the CHD Advisory Council, the Chapter president may choose an alternate representative to take his place.
Section 34.7
The CHD Advisory Council may meet as often as the council chairperson deems necessary, but must meet at least quarterly. All representative expenses entailed by these meetings shall be paid by their respective Chapters, groups or clubs.
Section 34.8
The CHD Advisory Council shall select a Chairman from Chapter representatives on the Advisory Council who shall chair all Advisory Council meetings.
Section 34.9
The Executive Director shall see that all disbursements and/or authorized debts of the CHD are paid by check drawn on an interest bearing checking account and a complete financial report is prepared and delivered monthly to the Association Treasurer, the Executive Board of Directors, and Chapter representatives to the Advisory Board.
Section 34.10
The Executive Director shall select a professional accountant who shall make a complete financial audit of the CHD books annually, with copies of the audit going to the Association Treasurer, Executive Board of Directors, and Chapter representative to the Advisory Board.
