Bylaws Of The
National Association of Chapter 13Trustees
As Amended On June 29, 2006
ARTICLE I: MEMBERSHIP
Membership of the Association shall consist of Trusteemembers and Associate members. Anyperson who is regularly serving as a Standing Chapter 13 Trustee is eligible tobecome a Trustee member in the Association. Any person, firm, corporation or foundation in any way interested in theactivities of the Association may become an Associate member.
Section 2. Termination &Suspension
2.01 Trustee membership in the Association shallbe terminated when the Trustee no longer serves as a Chapter 13 Trustee eitherthrough death, resignation, or removal. Both Trustee membership and Associate membership may be terminated byvoluntary withdrawal of membership.
2.02 Any membership may be suspended orterminated for cause and by vote of the Executive Board, provided anopportunity to appear and present defense is given to the member prior tosuspension or termination of membership.
2.03 Any membership may be automaticallyterminated if a member defaults in paying dues in excess of ninety (90) daysafter they are due. In the event of suchdefault, the membership of that individual may be reinstated only by thepayment of a reinstatement fee established by the Executive Board. This reinstatement fee will be in addition tothe required annual dues for the year in which the person or entity isre-joining the Association.
Section 3. HonoraryMembership
There shall be an honorary membership for which thereare five criteria:
a.) Outstanding service tothe Association.
b.) Honorary membership isavailable only to a previous trustee who no longer qualifies for Trustee membership
c.) An honorary member must benominated by a current Board member and must be approved by two-thirds of thecurrent Board members.
d.) Once elected, the honorarymember shall have the full rights of a participating trustee membership in goodstanding with the Association.
e.) An honorary membership shallbe free of dues, assessments, and meeting registration fees, but honorarymembers must pay their own travel and lodging expenses except during the yearof induction as an honorary member. Forthat year, all such fees and expenses for attendance at the Annual Meeting, theMid-Year Meeting, and any special membership meetings conducted shall be borneby the Association.
Section 4. SectionMembership
An Associate member may elect to become a member of asection of the Association.
a.) Debtors Section. A section of the membership shall beestablished to investigate, promote and assist in educational programming onmatters relating to consumer debtor issues. The President shall appoint a chair of the section from the membershipof the section.
b.) Creditors Section. A Section of the membership shall beestablished to investigate, promote and assist in the educational programmingon matters relating to consumer creditor issues. The President shall appoint a chair of thesection from the membership of the section.
ARTICLE II: MEETINGS
Section 1. Regular Meetings
The Association shall conduct an Annual Meeting andmay conduct a Mid-Year Meeting at such places, dates and times as are chosen bythe Executive Board. At this AnnualMeeting, the Association shall elect officers. At both the Annual Meeting and the Mid-Year Meeting, the Associationshall receive reports, and conduct any other business deemed appropriate forthe Association. Absent directive fromthe Executive Board, the Annual Meeting shall be open to all members of theAssociation. The Mid-Year Meeting shallbe open to Trustee Members only. However, in its discretion, the Executive Board may direct that all or aportion of the Annual Meeting shall be closed to Associate Members and to non-membersof the Association.
Section 2. Special Meetings
Special meetings of the membership may be heldwhenever, in the judgment of the Executive Board, it is expedient to do so, atsuch places, dates and times as are chosen by the Executive Board, for theconduct of any business deemed appropriate for the Association. At the discretion of the Executive Board, allor any portion of any special meeting shall be closed to Associate Members andto non-members of the Association.
Section 3. Notice
Notice of all meetings of the membership shall bemailed to all members of the Association at the member’s last known address atleast ten (10) days and not more than fifty (50) days before the time set forthe meeting. This notice shall be sentby the Seminar Chair, Executive Director, or other person(s) so directed by theExecutive Board, and shall set forth the place, day and hour of the meetingand, in the case of a special meeting, the purpose(s) for which the meeting iscalled.
Section 4. Quorum
For purposes of the Annual Meeting and the Mid-yearMeeting, a quorum shall consist of the Trustee members of the Associationpresent at such meeting.
Section 5. Procedure
The order of business at the Annual Meeting and theMid-Year Meeting and the parliamentary procedure to be followed shall be thatset forth in ROBERT’S RULES OF ORDER; however, the use of these rules may be altered orsuspended 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 shall be eligible foroffice. A member who has servedpreviously as an officer of the Association is eligible to run for election orre-election to that or any other officer position.
Section 2. Term
The term of office shall commence immediately uponelection and shall continue until a successor is elected. In the event of vacancy in any office otherthan President, the Executive Board may at its discretion appoint a substituteto carry out all or a portion of the duties of the vacated office. In the event of a vacancy in the office ofPresident, the President-Elect shall become President, the Vice-President shallbecome President-Elect, the Secretary shall become Vice-President and theTreasurer shall become Secretary. Theresulting vacancy in the position of Treasurer may be filled by the ExecutiveBoard at its discretion. This successionmay also be altered at the discretion of the Executive Board. When a vacancy in any office is filled asprovided herein, the term of the officer filling that vacancy may be prolonged,and any annual election for that officer position otherwise provided for hereinmay be delayed for up to one year at the discretion of the Executive Board.
Section 3. Officers &Duties
The elective officers of this Association shallconsist of President, President-Elect, Vice-President, Secretary andTreasurer. Other officers may beestablished and officers elected at the Annual Meeting upon majority vote ofthe Trustee members present at such meeting.
3.01 The President, as chiefofficer of the Association, shall be present at meetings of the Association andof the Executive Board. The Presidentshall communicate to the Association such matters and make such suggestions asmay in the President’s opinion promote the welfare and increase the usefulnessof the Association and shall perform such other duties as are necessarilyincident to the office.
3.02 The President-Elect shallserve in the absence of or throughout the disability of the President and shallhave such other duties as may be assigned by the President or ExecutiveBoard. The President-Elect shallautomatically become President at the conclusion of his term asPresident-Elect.
3.03 The Vice-President shallfulfill the duties and functions of the President- Elect in the event of theabsence or disability of the President-Elect. The Vice-President or Executive Director shall establish, coordinate andoversee the educational program at the Annual Meeting.
3.04 The Secretary or ExecutiveDirector shall keep a record of business transacted at all meetings of theAssociation and of the Executive Board. The Secretary shall disseminate a report of the business transacted atthe Annual Meeting to Trustee members of the Association upon receipt andreports of any meetings of the Executive Board to members of thatcommittee. The Secretary or ExecutiveDirector shall establish, coordinate and oversee the educational program at themid-year meeting.
3.05 The Treasurer shall keepan account of all monies received and expended for use of the Association andshall make disbursements as approved or authorized in the budget or by theBoard of Directors. The Treasurer shallbill all members for their annual dues, as fixed by the Board of Directors notlater than October 1 of each year. TheTreasurer shall receive all monies/funds payable to the Association and shallhave charge of all funds, securities, contracts and other valuable papers ofthe Association and deposit same in bank or banks or other depositorydesignated 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 atall times subject to inspection and verification by the elected officers andExecutive Board of the Association. Uponexpiration of office, all funds, records, & other information under thecontrol of the Treasurer shall be delivered to the successor.
ARTICLE IV: COMMITTEES
Section 1. StandingCommittees
The Association shall have thefollowing committees on a permanent basis:
a.)Legal and Legislative Committee
The Vice-President shall serveas chair of the Seminar Committee and shall assist the Executive Director asneeded. The President shall appoint atthe Annual Meeting or shortly thereafter the chair of the Legal and
Legislative Committee, BylawsCommittee, and Finance Committee.
The Nominating Committee shall consist of the pastthree presidents of the Association with the immediate past President servingas chair. The report of NominatingCommittee shall be mailed to all Trustee members at least thirty (30) daysprior to the Annual Meeting or ten (10) days prior to the Annual Meeting ifincluded in a quarterly newsletter. Withthe advice and consent of the respective chairs, the President shall appointthe members of the Legal and Legislative committee, the Bylaws Committee, andthe Finance Committee. Membership of theSeminar Committee shall consist of the Vice President as chair, the ExecutiveDirector and any other person appointed by the President with the advice and consentof the Vice-President.
Section 2. Executive Committee
The Executive Committee shall consist of the fiveofficers of the NACTT.
2.01 Powers The Executive Committee shall have and may exercisethose rights, powers and authority of the Executive Board as may from time totime be granted to it (to the extent permitted by law) by the ExecutiveBoard. Further, the Executive Committeeis authorized to act on behalf of the NACTT when it would be impractical orimprudent to call a meeting of the entire Executive Board but is limited inauthorizing expenditures not to exceed $5,000.00 annually for any one project. Under no circumstances may the ExecutiveCommittee perform nor may the Executive Board delegate to the ExecutiveCommittee any power or authority to amend the Articles of Incorporation orBy-Laws, elect directors, change dates for mid-year meeting or annual meeting,incur debt or grant loans.
2.02 Meetings The Executive Committee shall keep minutes of all ofits meetings. The President shall act aschair of the Executive Committee and the Secretary or designee shall take theminutes.
2.03 Quorum A quorum for any officially constituted ExecutiveCommittee meeting must consist of at least four of the five officers and thePresident 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 officersof the Association, the Advisory Board, consisting of the immediate past fourPresidents of the Association and four at large members each serving two yearterms (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-Largemember of the Executive Board shall notify the Nominating Committee bysubmitting an application to the chair of said Committee no later than sixtydays prior to the date on which the election is to be held. Said application will be distributed to themembership no later than thirty days prior to the election along with aballot. The completed ballot is to bereceived by the chair of the Nominating Committee no later than fourteen daysprior to the election. Only the twocandidates receiving the most votes will be elected to the open positions. In the event of a tie for the last At-Largeposition, the Executive Board will decide. The director’s term shall commence immediately upon election andcontinue 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 theapplication is due. A member who haspreviously served on the Board is eligible to run for election or re-electionto an at-large position, provided that no member may be elected to more thantwo (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 thosedelegated to the Executive Committee), shall execute the policies and decisionsof the membership, shall actively pursue the Associations objectives and shallhave discretion in the disbursements of its funds. It may adopt such rules for the conduct ofits business as shall be deemed advisable and appropriate and may appointsub-committees or agents to work on specific problems or reports. It may advise the President in all mattersincluding, but not limited to, the appointment of committees. The Executive Board shall meet at least onceannually at the approximate time and place of the Annual Meeting. Additionally, the Executive Board shallconvene either by conference telephone or e-mail communication or as a body atsuch other times throughout the year as is appropriate to carry out itsduties. These additional meetings of theExecutive Board shall be held either upon request of the President or upondemand in writing of a majority of the Trustee members of the Association.
Section 5. Quorum
At all meetings of the Executive Board, a majority ofthe members in office and qualified to act constitute a quorum for thetransaction of business and the action of a majority of the directors presentat any meeting at which a quorum is present is the action of the ExecutiveBoard.
Section 6. Removal And Vacancies
Any member of the Executive Board other than anofficer may be removed for failure to perform properly the duties assigned tothat member by a vote of two-thirds (2/3) of the other members of the entireExecutive Board. An officer may beremoved for failure to perform properly the duties assigned to that officer byvote of the membership. Should anat-large or Advisory Board member position become vacant by reason of removalor otherwise, the vacancy may be filled by an appointment by the President forthe remainder of that term.
ARTICLE VI: VOTING
Section 1. Resolution
Any matter which arises for determination by themembership of the Association shall be determined by vote of the Trusteemembers of the Association at the Annual Meeting, the Mid-Year Meeting, or atsuch other times as the Executive Board may determine. A majority of votes of the Trustee membersparticipating in voting shall determine the outcome.
Section 2. Eligibility ToVote
No trustee member shall cast avote at any meeting or in any election if that member is not a member in goodstanding for the year in which the meeting or election is held.
Section 3. Special Meeting ActionBy Members Without A Meeting
If, in the judgment of theExecutive Board, a question arises which is deemed to be a matter fordetermination by the Trustee members of the Association, and when it is deemedto be inexpedient to call a special meeting for that purpose, the ExecutiveBoard may submit the matter to the Trustee membership in writing by mail, faxor e-mail. If Trustee members cast voteswithin ten (10) days following the transmission of the ballots sufficient innumber to determine the question if it were presented at a membership meetingat which all Trustee members were present and voting, the question shall bedetermined by the votes received, and the action taken shall be as effective asaction taken at a duly called meeting.
Section 4. Voting Procedures
4.01. Voting in contested elections for officers orAt-Large Executive Board seats shall be by secret ballot. Other votes of the Association may be takenby secret ballot upon the request of one-third of the Trustee members presentand voting at any meeting.
4.02. 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 theballot in a plain envelope bearing the word "BALLOT," the name of theAssociation, and the election or other matter for which the ballot iscast. The ballot envelope shall itselfbe sealed in an envelope on which the Trustee shall certify his or hereligibility to vote. The certifyingenvelope shall be mailed to the Association headquarters or such other place asthe Executive Committee may designate as the recipient of ballots. Upondetermination that the trustee member is eligible to vote, the ballot envelopeshall be removed from the certifying envelope and held unopened until the timefor submitting ballots has expired. All ballot envelopes shall be mixed orshuffled to prevent identification prior to any ballot envelope being opened.Upon the expiration of the time for submitting ballots, the ballot envelopesshall be opened and the results tallied.
ARTICLE VII: AMENDMENTS
The Articles of Incorporation may be amended by atwo-thirds (2/3) vote of the Trustee members present at the Annual Meeting orMid-Year Meeting or at a special meeting called for that purpose, or without ameeting as provided by Article VI, Section 3 hereof. Notice of the proposed changes must bemailed 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 oraltered in whole or in part by majority vote of the Trustee members present atthe Annual Meeting or Mid-Year Meeting or at a special meeting called for thatpurpose, or without a meeting as provided by Article VI, Section 3 hereof. Notice of the proposed changes must bemailed 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 theAssociation shall pay dues in the amounts established by the Executive Board.
2. Association funds shall be used asdeemed appropriate to fulfill the goals and objectives of the organization.
3. Persons entrusted with the handling ofAssociation funds or property may be required, at the discretion of theExecutive Board, to furnish a suitable fidelity bond. The Association shall pay the expenses ofsuch bond.
4. Members of the Executive Board shall bereimbursed for all reasonable expenses, including travel, lodging and clericalcosts, incurred during the term of their service for work performed on behalfof the Association. However, no membershall be reimbursed for the expense of travel or lodging for the Annual Meetingof the Association with the exception of complimentary lodging, which may beprovided for the President and Program Chair and complimentary registration forthe Annual Meeting of the Association which shall be provided to the ProgramChair.
5. The Executive Board shall each year, ata regular or special meeting held on or before March 31, set the annual duesfor members for the ensuing year. Suchdues shall include the annual subscription of each member to the NACTTQuarterly, publication. For duespurposes, the Executive Board may classify members according to such factors asit determines to be relevant and prescribe dues of a different amount for eachclass so created. Such annual dues shallbe payable in advance as of December 1 of each year.
Adopted bythe NACTT June 29, 2006