BYLAWS

 

Article I – Name

 

Section 1. The name of the association, which was duly incorporated under the laws of the Commonwealth of Massachusetts in 1975, shall be: Massachusetts Academy of Trial Attorneys.

 

Article II – Purposes

 

Section 1.  The purpose of this Association is to: 

 

  1. Uphold and defend the Constitutions of the United States and the Commonwealth of Massachusetts
  2. Preserve and improve the civil justice system
  3. Advance the cause of those wrongfully injured
  4. Encourage public awareness and understanding of the adversary system
  5. Assure that the courts shall be kept open and accessible to every person for redress of any injury
  6. Assure that the right to trial by jury shall be secure to all and remain inviolate
  7. To help persons whose rights may be in jeopardy
  8. Protect the independence of the judiciary
  9. Promote public safety and welfare while protecting individual liberties
  10. Provide continuing legal education in all phases of advocacy
  11. Uphold the honor of the profession of law
  12. Promote the administration of justice and apply its knowledge and experience in the field of law to the promotion of the public good
  13. Encourage mutual support and cooperation among the members of the bar

 

Article III – Membership

 

Section 1. Voting Members

 

Regular – Any member of the Bar of the Commonwealth of Massachusetts in good standing and; is engaged in any field or phase of advocacy; is of good moral character; is committed to the concept of a fair trial and the adversary system; shall be eligible for membership in the Academy upon the periodic payment of all dues and other fees and assessments designated by the Board of Governors and the continued adherence to the objectives of the Association and to the qualifications for membership. 

 

Sustaining – A regular member may become a sustaining member by paying the annual dues required by the Board of Governors for sustaining members.

 

Section 2. Non-voting Members

 

Associate– Any person who is dedicated to the promotion of the administration of justice and is employed or sponsored by a member of the MATA, including, but not limited to legal secretaries, legal assistants, paralegals and administrative law associates, or any organization dedicated to the promotion of justice, or any person, firm, affiliate partner or corporation engaged in a related industry supplying products or services to the trial bar may become an associate member.  Associate members must be willing to ascribe to the purposes and objectives of MATA.  Associate members are not eligible to vote or hold elective office.

           

Student – Any person presently engaged in the study of law in a qualified and recognized institution would be eligible to become a student member.

 

Section 3.  The Board of Governors may create new membership categories as needed.  

 

Section 4.  Services may be restricted to certain membership categories as determined by the Board of Governors.

 

 

Article IV – Termination of Membership

 

Section 1. Resignation – Any member may voluntarily resign from membership by submitting a written resignation to the president or the executive director.  Such resignation shall become effective on the date submitted, but shall not relieve the resigning member from any financial obligation which he/she has to the association on the date of his/her resignation. 

 

Section 2. Disbarment – A member who is disbarred shall automatically be removed from membership and may not be reinstated therein until such time as he/she has been reinstated to the Bar of the Commonwealth of Massachusetts or any other state or jurisdiction, and shall be returned to membership subject to the approval of the Board of Governors. 

 

Section 3. Suspension from Practice – A member suspended from practice by the Bar of the Commonwealth of Massachusetts or any other state or jurisdiction, shall automatically be suspended from membership for as long as his/her period of suspension from practice continues and shall be returned to membership subject to the approval of the Board of Governors. 

 

Section 4. Expulsion, Suspension or Censure – A member may be expelled, suspended or censured for unethical conduct or for misconduct which brings discredit to himself/herself or the Massachusetts Academy of Trial Attorneys, or the profession of law or if he/she acts in a manner that is in violation of the bylaws or any lawful rule or practice duly adopted by the association, or any other conduct prejudicial to the interests of the association.  This power shall rest exclusively in the Board of Governors which may authorize the executive committee to hear complaints or grievances against a member.  A member shall receive 30 days notice in writing of any complaint made against him/her.  The notice shall specify the charges against him, and shall advise the member of the time and place of the hearing.  The member may appear and present evidence in his behalf, and may be represented by counsel in the proceedings.  If the hearing is held before the executive committee, the committee will report its findings to the Board of Governors which shall then decide whether to expel, suspend or censure the member.  Expulsion, suspension or censure of a member shall require two-thirds (2/3) vote of the Board of Governors present, provided a quorum is present. 

 

Section 5.  Dues in Arrears – A member may be suspended or expelled from the association upon non-payment of dues for more than thirty (30) days  after dues shall be due unless the Board of Governors shall find sufficient cause to excuse the delinquency.

 

 

Article V – Voting

 

Section 1. Voting Members -- Each regular and/or sustaining member shall represent one vote in all the affairs of the association. 

 

Section 2. Proxies – A voting member of the association may not vote by proxy. 

 

Section 3.  Quorum - A majority of the members of the association present and voting on a matter provided there is a quorum of twenty-five (25) members present (except when a larger vote is required by law or these by-laws) shall decide any matter to be voted on by the members of the association.

 

Section 4.  Mail and Electronic Voting –Whenever, in the judgment of the Board of Governors, any question shall arise which it believes should be put to a vote of the active membership and when it deems it inexpedient to call a special meeting for such purpose, the governors may, unless otherwise required by these bylaws, submit such a matter to the membership in writing by mail, conference call or broadcast fax and/or e-mail for vote and decision, and the question thus presented shall be determined according to a majority of the votes received within fifteen (15) days, unless otherwise stated, after such submission to the membership. Any and all action taken in pursuance of such a majority vote in each such case shall be binding upon the association in the same manner as would be action taken at a duly called meeting.  This is subject to the provisions of article VIII.

 

 

Article VI – Dues

 

Section 1.  Membership Year - Members of the Academy shall pay dues and other fees or assessments in such amount and at such intervals as may be prescribed by the Board of Governors.  The membership year shall commence on July 1st of each year and end on June 30th of each year. 

 

Section 2.  Prorated Dues - The annual dues for each member of the association shall be determined by the Board of Governors on an annual basis.  The dues will be prorated to 50% of their annual cost from January 1st to May 1st.  The dues will be charged at full rate from May 1st to June 30th and credited to the next dues year.  Prorated dues will only apply to new members.  Lapsed members will not be offered prorated dues within one full dues year of non-payment.  They will not be considered new members until the second year after their change in status.        

 

 

Article VII – Meetings

 

Section 1. Annual – There shall be an annual meeting of the association at a time and place selected by the President of the association with the advice and consent of the Board of Governors to certify the officers and Board of Governors, to act upon proposed amendments to the By-laws of the association and grievances and appeals which have been submitted in writing as hereinbefore provided: and consider any other business of the association.  Thirty (30) days written notice of the meeting shall be mailed to the last recorded address of each member.  Such notice shall specify the matters to be brought before the meeting. 

           

Section 2. Special – Special meetings of the association may be called by the president or the president-elect, or shall be called by the secretary upon the written request of 50 members of the association specifying the purpose thereof.  Notice of any special meeting shall be mailed to each member at his last recorded address at least ten days in advance, with a statement of time and place and information as to the subject or subjects to be considered.  At any such special meeting, only matters set forth in the notice thereof shall be considered.  

 

Section 3. Regular Meetings – The Board of Governors meetings shall be held bi-monthly except for the months of July and August unless otherwise determined by the President.  Ten (10) days written notice shall be given by mail, e-mail or fax to each member of the Board of Governors for each meeting to be held and shall describe in general terms the business to be taken up at such meeting. 

 

Section 4. Quorum – A quorum shall consist of not less than twenty-five (25) members present at any meeting of the association, and, in case there is less than this number, the presiding officer may adjourn the meeting from time to time until a quorum is present.

 

Section 5. Procedures – All meetings of the association, as well as any of its committees shall be in accordance with Robert’s Rules of Order.

 

Section 6.  Electronic Communications – Members of any committee or section designated by the board may participate in a meeting of the board or committee/section by means of conference telephone or similar communications equipment by which all persons participating in the meeting can hear each other at the same time.  Such participation shall constitute presence in person at the meeting.  Participation by electronic means shall be included in determination of a quorum.  The board may determine that if such participation is at the participants election, it shall also be at the participants own expense.

 

 

Article VIII – Board of Governors

 

Section 1.  The Board of Governors shall have supervision, control and direction of the affairs of the association, shall determine its policies or changes therein within the limits    of the bylaws, shall actively prosecute its purposes and shall have discretion in the disbursement of its funds.  It may adopt such rules and regulations for the conduct of its business as shall be deemed advisable, and may, in the execution of the powers granted, appoint such agents as it may consider necessary.  The control and administration of the Academy shall be vested in the Board of Governors, subject to the paramount powers and authority of the regular members of the association in annual or special meeting assembled.

 

Section 2.  The Board of Governors shall be composed of the President, the President-elect, the Secretary, the Treasurer, the Immediate Past President, all living former presidents of the association, twenty-five (25) Regional Governors elected by the regular members of the association as provided in Section 3 below, twenty (20) non-regional governors, (10) presidential appointees and the AAJ governors and state delegates to be elected by the Board.

 

Section 3.  Regional Governors – The term of the regional governors shall commence on the first day of July in the year of their election, or upon their election if the same shall occur thereafter, and shall terminate two years from the first day of July in the year of their election, or upon the election of their respective successors, if such election shall occur thereafter. Any regional governor shall be eligible for reelection, but cannot serve more than three consecutive terms.  Elections for regional governors shall be held every odd year.  The 25 regional governors shall be elected by and from the active members of the Academy in their respective twelve Regions, as follows; 

            Region 1 –   Berkshire – one governor;        

            Region 2 –   Hampden – two governors;

            Region 3 –   Worcester – two governors;

            Region 4 –   Middlesex – four governors;

            Region 5 –   Essex – two governors; 

            Region 6 –   Suffolk – seven governors;

            Region 7 –   Norfolk – two governors;

            Region 8 –   Plymouth – one governor;

            Region 9 –   Bristol – one governor;

            Region 10 – Barnstable, Dukes and Nantucket – one governor

            Region 11 – Franklin – one governor; 

            Region 12 – Hampshire – one governor       

 

Notwithstanding the foregoing, if the number of active members in a region exceeds a higher whole-number multiple of 100 than the number of its allocated regional governors, such region shall be allowed an additional regional governor for each such multiple. A regional governor must practice law principally within the region from which he or she is elected.  Notwithstanding the provisions of this Article, the membership of the Board may be increased from time to time in order that the Board may provide for the selection of an additional Governor for any region from which a Governor has not otherwise been selected. 

 

Section 4. Non-regional Governors – Except as otherwise provided, the term of all governors elected by the Board shall commence on the first day of July in the year of their election, or upon their election if the same shall occur thereafter, and shall terminate on the first day of July two years from their date of election, or upon the election of their respective successors, if such election shall occur thereafter.  Any non-regional governor shall be eligible for reelection, but cannot serve more than four consecutive terms.  Elections for non-regional governors shall be held every even year. 

 

Section 5. AAJ Governors and Delegates – Terms of AAJ Governors and Delegates which will expire before the next annual meeting of the association will be filled by election by the Board of Governors at the annual meeting preceding expiration of their terms. 

 

Section 6.   Responsibilities –  Before accepting a nomination for the Board of Governors, the nominee shall commit to the association, in writing, that he or she will fulfill the following responsibilities:  assist in the governance of the association; serve as a member of at least one standing committee; attend each board meeting; contribute at least $150.00 per month on a regular, monthly basis to MATA (please note that contributors may choose whether part or all of their monthly contribution goes directly to MATA); attend one membership phone bank and one fundraising phone bank; recruit five (5) new members; recruit two (2) new monthly contributors; assist in legislative activities and fundraising; attend the annual convention.  In fulfilling these obligations, overall activities shall be considered. 

 

Section 7. Absence – Any member of the Board of Governors unable to attend a meeting shall notify the president, secretary or executive director. If a governor is absent from three (3) meetings in the course of the year for reasons which the Board has failed to declare to be sufficient, his resignation shall be deemed to have been tendered and accepted.          

 

Section 8. Compensation – Governors as such shall not receive any compensation for their services as Governors, but the Board may by resolution authorize reimbursement of expenses incurred in the performance of their duties.  Such authorization may prescribe procedures for approval and payment of such expenses by designated officers of the association.  Nothing herein shall preclude a governor from serving the association in any other capacity and receiving compensation for such services.                    

 

Section 9. Resignation or Removal – Any governor may resign at any time by giving written notice to the president, the secretary, or to the Board of Governors.  Such resignation shall take effect at the time specified therein, or, if no time is specified, at the time of acceptance thereof as determined by the president or the Board.  Any governor may be removed by two-thirds vote of the entire Board of Governors at any regular or special meeting. In the event that a Governor or his/her firm on their behalf does not meet the $150 per month financial responsibility, as set forth in Section 6 of this Article, for three consecutive months they shall, after written notice, be automatically removed from the Board of Governors unless it is determined by MATA Officers in consultation with the Executive Director, that good cause exists to waive or modify this requirement.*            

           

 

Section 10. Vacancies – Any vacancies that may occur on the Board by reason of death, resignation, or otherwise, the president may appoint an active member of the association, with approval of the Board of Governors, to serve during the remainder of the term vacated or for such other time not to exceed the vacant term.          

 

Section 11.  Proxies – A members of the Board of Governors and the Executive Committee may vote by proxy.  The proxy can be verbal or written and carried by either another board member or the executive director.    

 

Section 12.  Quorum - A majority of the board members present and voting on a matter provided there is a quorum of twenty-five (25) members present (except when a larger vote is required by law or these by-laws) shall decide any matter to be voted on by the board of governors.  A quorum of the executive committee is one more than half of its members.

 

 

 

Article IX – Officers

 

Section 1.  The elective officers of the association shall be a president, a president-elect, a treasurer and a secretary.  These officers shall be elected annually at the regular meeting held at the time of the association’s annual business meeting, except as provided in Section 7 hereof.  Officers shall serve a term of one (1) year and shall commence on the first day of July in the year of their election, or upon their election, if the same shall occur thereafter or upon the election of their respective successors, if such election shall occur thereafter. 

 

Section 2. President – The president shall be the principal elective officer of the organization, shall preside at meetings of the association and of the Board of Governors and of the executive committee, and shall be a member ex-officio, with right to vote, of all committees. He or she shall also, at the annual meeting of the association and at such other times as he or she shall deem proper, communicate to the association or the Board of Governors such matters and make such suggestions as may in his or her opinion tend to promote the welfare and increase the usefulness of the association, and shall perform such other duties as are necessarily incident to the office of president or as may be prescribed by the Board of Governors.  The president shall appoint such committees, other than the Nominating Committee, as the association or the Board of Governors may create, and he or she may from time to time designate and appoint such other committees and sections as he or she shall deem appropriate. 

 

Section 3. President-elect – The president-elect may be delegated by the president to perform his or her duties, in the event of his or her temporary disability or absence from meetings, and shall have such other duties as the president or the Board may assign and shall be a member ex-officio, with right to vote, of all committees. The president-elect shall automatically become the president when the president shall cease to serve, except as provided in Article XIII.        

 

Section 4. Treasurer – The treasurer shall be the custodian of all association funds.  He/she shall keep such books of account and will at all times indicate the financial condition of the association.  He/she shall furnish such reports and statements to the Board of Governors as they may require and shall have the books and accounts available for an audit as requested by the Board of Governors.  He/she shall ensure all books and accounts of the association current and available at any annual or special meeting of the association.  He/she shall periodically review the bank statements and payroll statements and shall from time to time request that the bank statements be sent directly to he/she unopened.  He/she shall submit an annual report to the membership at the annual meeting.

 

Section 5. Secretary – The secretary shall keep a record of all proceedings of the association, attest documents and shall notify officers and members of committees of their election or appointment.  He shall issue the notices of all meetings, and shall keep the seal of the association, at such place designated by the Board of Governors.  He or she shall discharge such other duties as may be required of him or her by the association, the Board of Governors, or the president. 

 

Section 6. Executive Director – The administration and management of the association shall be in a salaried staff head, employed or appointed by, and directly responsible to the Board of Governors and acting under the supervision of the president. He or she shall have the title of executive director or such other title as the Board shall from time to time designate.  The executive director shall from time to time report to the Board of Governors and shall carry out all directives issued by the president and the Board or Governors. Subject to such directives and to other provisions of these bylaws, the executive director, acting under the supervision of the president, shall administer the affairs of the association and shall employ and may terminate the employment of members of the staff necessary to carry on the work of the association, as funded by the budget and approved by the president. 

 

Section 7. Vacancies – In the event that an officer is unable to fulfill the responsibilities of the office or in the event of the resignation, removal or death of an officer, and upon certification of that fact by two-thirds of the Board of Governors, the following order of succession shall apply:  the President shall be succeeded by the President-Elect followed by the Treasurer followed by the Secretary.  The officers who fill such vacancies may succeed themselves in office except for the acting Secretary.  At the end of the term that was vacated, a Secretary shall be elected by the membership at the annual meeting.

         

Section 8. Removal – In the event of an inability to fulfill the responsibilities of an office, and upon certification of such fact by two-thirds of the Board of Directors, an officer shall be removed from office. 

 

Section 9. Bonding – At the direction of the Board of Governors, the president, president-elect, treasurer and any other officer of the association may be bonded at the expense of the association for a fidelity bond, in such sum as the Board shall prescribe.   All MATA employees shall be bonded at the expense of the association for a fidelity bond, in such sum as the Board shall prescribe.

 

Section 10.  Officer Eligibility - No person shall be eligible to serve as an officer unless he or she has served at least one full term as a member of the Board of Governors or is serving as a member of the Board at the time of his or her nomination for office. 

 

 

 

Article X- Committees**

 

 

Section 1.  Standing Committees - There shall be such committees as may be created from time to time and with such duties as shall be prescribed by the association, the Board of Governors or the president.  There shall be a Nominating Committee, Executive Committee, Fundraising Committee, Public Education and Media Committee, State Legislative Committee, Federal Legislative Committee, Membership Committee, Amicus Committee, Publications Committee and Continuing Legal Education Committee.  The members of each committee shall serve until June 30th in each year, or until their successors are appointed, whichever is later.  The president and president-elect shall be voting members of each committee. Each of these standing committees (except the Nominating Committee) shall meet no less than two (2) times during the year.

 

Section 2. Executive Committee – The control and administration of the association vested in the Board of Governors may be exercised by the executive committee consisting of the following:  the president; the president-elect; the treasurer; the secretary; the immediate past-president; the AAJ Governors, up to four additional persons appointed by the president, up to two past-presidents appointed by the president and two persons elected by the Board of Governors.  The executive committee is authorized to conduct the business of the association with the same authority and effect as vested in the Board of Governors, subject to the authority of the Board to supersede any action of the executive committee by appropriate vote at a duly convened meeting of the Board.   

 

 

Section 3. Nominating Committee –There shall be 7 people on the Nominating Committee.  It shall be chaired by the Immediate Past President.  It shall be comprised of six other members; the President, three members elected by the Board for a three-year term, and two members appointed by the President for a one-year term.  To assure some continuity, each year one Board-elected member rotates off and a new member is elected by the Board for a three-year term. No member of this committee shall be eligible to run for office during his/her year(s) of service.  If a member of the committee is interested in running they may resign from the committee and run one year later for an officer position.  If a member of the committee resigns, the President shall appoint a replacement and the board shall approve the selection.

 

 

 The Board of Governors, at a regular or special meeting in January, shall elect one Nominating Committee member and approve a Nominating Committee reflecting the composition described in the paragraph above.  The Executive Director shall be a non voting member of the nominating committee ex-officio.   An announcement soliciting candidates for all open positions shall be sent to the general membership by e-mail, fax or mail no later than January 15.   All nominations may be received by the Executive Director no later than February 15.  Curriculum vitae shall be solicited and personal interviews shall be done for all officer candidates. The committee may recommend one or more candidates for each position.  All candidates nominated by the nominating committee shall be denoted as such on the ballot.  Not later than March 10th, the Nominating Committee shall file with the secretary a report containing recommendations for president-elect, secretary, treasurer and each Regional Governor position (when it is their year for re-election.) The report shall be submitted to the Board of Governors for consideration and approval at the Board’s next regularly scheduled meeting, and copies of the Report shall be distributed to members of the Board at least one week prior to said meeting.  No voting by proxy shall be permitted on the Nominating Committee.  All votes taken by the nominating committee will be done by secret ballot.  The Nominating Committee may not nominate one of its own members to the position of president-elect, secretary or treasurer.  No member may be nominated or run as a petition candidate for more than one office.   Elections shall take places as described in Article XIII.

 

 

 

Article XI – Sections

 

Section 1. There shall be the following sections: an Auto Section, a New Lawyers Section, a Medical Negligence Section, a Workers’ Compensation Section and the Women Trial Lawyers Caucus. There shall be such Practice Sections established from time to time as deemed appropriate and with such duties as shall be prescribed by the association, the Board of Governors or the president. 

 

Section 2. A section shall not represent the association except by specific authority from the Board of Governors, nor shall any proceeding of any section be published without approval of the Board of Governors.

 

 

Article XII – Financial Controls****

 

Section 1. Contracts – The Executive Committee is empowered to approve and authorize all contracts entered into by, or on behalf of the association.

 

Section 2.  Loans – Loans to board members, regular members or employees are prohibited.

 

Section 3.  Budget and Appropriations – The budget shall be approved by the executive committee and reviewed on a regular basis against actual revenues and expenditures.  Any appropriations to be made that do not fall within the budget shall be approved by the executive committee.

 

Section 4. All checks and/or credit card purchases that exceed $5,000 and are not reoccurring or budgeted expenses shall require two signatures.  One may be the executive director and the other may be the treasurer or president of the association. 

 

Section 5.  Accounting/Auditing – The association shall use an accrual method of accounting and shall have an independent accounting firm prepare an un-audited annual financial statement.  An audit or review by an independent accounting firm shall be done every five (5) years and/or such other times as determined by the Board of Governors.

 

Section 6.  The executive committee must authorize all openings and closings of any and all bank accounts, trusts or other such depositories.

 

 

 

 

 

 

Article XIII– Elections***

 

Section 1.  Announcement of elected positions  - By January 15, the Executive Director shall solicit candidates for Board of Governor positions and Officer Positions by publishing to the general membership a list of positions scheduled for election to the Board of Governors, and the rules for eligibility for election. 

 

Section 2. Independent nominations – Nominations may be made and included on the ballot for officer positions by a petition signed by at least twenty (20) association members entitled to vote for officers, and for regional governors by a petition signed by at least ten (10) association members entitled to vote from the region in which the nomination is being made.  All petitions shall be filed with the secretary or Executive Director not later than February 15.  A member’s region shall be where he or she maintains his or her principal office. 

 

Section 3.  Approval of Slate - The nominating committee shall create a slate of candidates and it shall be approved by the board of governors by March 31.

 

Section 4. Voting by membership - By April 15, the secretary or designee shall mail printed ballots or electronically distribute ballots with the names of the nominees as recommended by the nominating committee and approved by the board, to all members eligible to vote at their last known address.   All nominating committee nominees shall be clearly marked on the ballots.  The ballots shall be in such form as will enable the secretary to authenticate each ballot without disclosing how the member voted and shall be sent with return envelopes or electronically delivered to the executive director.  Only such ballots as are duly received by the executive director by May 15thor one week prior to the Annual Meeting, whichever date is earlier, shall be counted.    

 

Section 5. Non-regional Governors – The 20 non-regional governors shall be elected in even years by the Board at the annual meeting.  Thirty days prior to said election the nominating committee shall file with the executive director nominations for election of said governors.

 

Section 6Regional Governors – Regional Governors shall be elected in odd numbered years according to the procedure described in Article VIII, Section 3. 

 

Section 7. AAJ Governors and Delegates – The AAJ Governors and Delegates shall be elected by the Board at the annual meeting.  Thirty days prior to said election the nominating committee shall file with the executive director nominations for election of said governors. 

 

 

 

Article XIV - Nondiscrimination

 

Section 1.  Membership and Services - The association shall not discriminate against any member or applicant for membership because of race, creed, color, national origin, sex, marital status, sexual orientation, religion, ancestry, mental or physical handicap or age in offering any of its services, including but not limited to, acceptance into the membership and admission to any meeting or  events.

 

Section 2.  Employment - The association shall not discriminate against any employee or applicant for employment on the basis of the above characteristics.  The organization will ensure that individuals are treated during the application process or during employment without regard to the above mentioned characteristics.  Such action shall be taken with respect to all aspects of employment, compensation and training.

 

Section 3.  Other entities - In the event the association contracts with other entities to provide services, or accepts funding from them, the nondiscrimination requirements of those entities shall additionally be adopted automatically if they are more detailed or extensive than these bylaws provide.

 

 

Article XV – Fiscal Year

 

The fiscal year shall commence on the first day of July and shall end on the 30th day of June. 

 

Article XVI – Seal

 

The Association shall have a seal of such design as the Board of Governors may adopt. 

 

Article XVII – Indemnification

 

The association may, by resolution of the Board of Governors, provide for indemnification by the association of any and all of its Governors or officers or former Governors or officers against expenses actually and necessarily incurred by them in connection with the defense of any action, suit, or proceeding, in which they or any of them are made parties, or a party, by reason of having been governors or officers of the association, except in relation to matters as to which such governors or officers or former governors or officers shall be adjudged in such action, suit, or proceeding to be liable for negligence or misconduct in the performance of duty and to such matters as shall be settled by agreement predicated on the existence of such liability for negligence or misconduct. 

 

Article XVIII – Dissolution

 

The association shall use its funds only to accomplish the objective and purposes specified in these bylaws, and no part of said funds shall inure, or be distributed, to the members of the association.  On dissolution of the association any funds remaining shall be distributed to one or more regularly organized and qualified charitable, educational, scientific, or philanthropic organizations to be selected by the Board of Governors. 

 

 

 

 

Article XIX – Amendments

 

Upon proposal by the Board of Governors, these bylaws may be amended, repealed, or altered, in whole or in part, (a) by a majority vote, of those present and eligible to vote, at any meeting of the association; provided, that a copy of any amendment, in whole or in part, proposed for consideration, shall be mailed to the last recorded address of each member at least thirty (30) days prior to the date prior to the date of the meeting; or (b) by approval of a majority of the members through mail vote in accordance with the provisions of Article V.

 

Amended 6/3/04

*Amended 3/16/10

**Amended 1/11/11 and 9/13/12

*** Amended 3/8/11

**** Amended 0/9/14

 

 

 

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