(View here or Download PDF copy of Amended Bylaws)
BYLAWS OF THE ASSOCIATION OF NIGERIANS IN THE CAPITAL DISTRICT OF THE STATE OF NEW YORK (ANCD-NY).
Article I -Membership
A. Fully Paid Active Members are members who:
- Are current in the payment of the Association’s Family Member annual dues or Single Member annual dues up to and including the current year;
- Attend general meetings;
- Participate in special meetings of the Association, such as the October Special Event and the End of Year General Meeting (“Association Activities”);
- Support the Association financially by participating in fundraising activities approved by Association Members; and
- Are entitled to Full Benefits (defined below) and voting privileges in accordance with these Bylaws.
B. Fully Paid Non-Active Members are members who
- Are current in the payment of dues;
- Have not attended monthly meetings for a period of 4 consecutive months at any time in a calendar year; and
- Are entitled to voting privileges and Limited Benefits (defined below) of the Association in accordance with these Bylaws.
C. Student Members are:
- Members who are enrolled in a full time undergraduate program in a local degree granting institution;
- Are current in the payment of Student Membership Dues which shall be 25% of the Single or Family Member annual membership dues, as applicable;
- Attend a minimum of 4 Association meetings and events annually; and
- Are entitled to voting privileges and Full Benefits of the Association in accordance with these Bylaws.
Students whose parents are Active Family Members do not need to separately enroll as Student Members.
D. Retiree Members are
- Active Members who are retired from paid employment;
- Are current in the payment of Retiree Membership Dues which shall be 50% percent of the Single or Family Member annual membership dues, as applicable; and
- Participate in Association Activities.
E. Distance Members are
- Fully Paid Members who live 50 miles or more outside the Capital District of New York;
- Exempt from the active participation requirement described above for Active Members; and
- Are entitled to Limited Benefits (defined below) and voting privileges in accordance with these Bylaws.
2. Reinstatement of Membership
- Failure to participate in Association Activities for a period of 4 consecutive months for reasons not excusable by these Bylaws or as determined by the Association shall result in a loss of active membership.
- Failure to pay the Association’s annual dues will result in a loss of membership.
- To avoid loss of Active Member status, members should comply with the requirements set forth in Article VI – Meetings, below.
- A Member whose active membership or membership is lost will be reinstated upon the payment of all accrued and unpaid membership dues, as applicable, plus a $20.00 fine.
- Reinstated members will qualify for Membership Benefits (defined below) in the calendar year in which they were reinstated if they were Active or Fully Paid Members the previous year.
3. Membership Benefits
The Association shall provide the following benefits to qualified Members:
A. Death of a Member: In the event of the death of an Active or Fully Paid Member (including spouses where the Members have a Family Membership), the Association shall make a monetary donation to deceased member’s spouse or immediate children younger than twenty one (21) years old as follows:
Fully Paid Active Members: $500.00 (Full Benefit)
Fully Paid Non-Active Members: $200.00 (Limited Benefit)
B. Death of a Member’s Biological Parent: In the event of the death of the biological parent of a Fully Paid Active or Non-Active Member, the Association shall make a monetary donation to assist the family as follows:
C. Child Birth: In the event of the birth or formal adoption of a child (not older than two years of age) by a Fully Paid Active or Non-Active Member, the Association shall donate $100.00 to the family.
D. Graduation: In the event of the graduation from high school of the child of a Fully Paid Active or Non-Active Member, the Association shall donate $50.00 to each graduate.
4. Welfare Committee
The Welfare Committee shall determine and administer additional benefits in support of members and their families in accordance with the Constitution and these Bylaws.
Article II – Finances
1. Fiscal Year
The fiscal year of the Association shall commence and conclude on the first and last day of each calendar year respectively; January 1 to December 31st.
2. Membership Dues
The Association’s Members shall pay annual membership dues as follows:
Family Membership: $100.00
Individual Membership: $75.00
Retiree Membership: 50% of Family Member Dues
Student Membership: 25% of Family Member Dues
Membership Dues shall be due and payable the last day of April annually. A late fee of $5.00 per month may be assessed thereafter. The Executive Council, with approval from the general membership, may propose an increase in membership dues of the Association.
4. General Budget
The Executive Council shall prepare the Association’s general budget annually in accordance with the Association’s Constitution. The budgets for the October Special Event Meeting, the End of Year General Meeting/Celebration and any other special expenditure shall be separate from the general budget. Expenses outside the general budget shall be determined by the general membership.
4. Expenditure of Association Funds
A. The general membership shall approve all expenditure of Association funds.
In urgent circumstances where the release of funds cannot be delayed until presented to the general meeting for approval, Association funds may be expended without the prior approval of the general membership as follows:<
- By The President for non-recurrent expenditures that do not exceed $100.00 per calendar month, no more than four times a year;
- By the Executive Council for non-recurrent expenditures that do not exceed $250.00 per calendar month, no more than four times a year.
- Funds spent under these circumstances must be expended in compliance with the Constitution and Bylaws and reported to the Association at the next general meeting.
C. With the exception of the urgent circumstances referred to under (B), the Treasurer may not disburse any monies from the Association’s account unless such disbursement is in compliance with the Association’s Constitution and Bylaws.
5. Audit
- Annually, in September, the President shall initiate an audit of the Association’s financial books by formally requesting that the Advisory Board commence the audit process.
- The general meeting shall elect two auditors from the members to audit the financial records of the Association annually.
- The President and Treasurer shall be excluded as auditors and shall not be involved in the election of auditors.
- In the event an Executive Council position is vacated outside of an election year, an audit should be performed before such office is filled.
- Audits conducted in an election year must be performed before the outgoing Executive Council hands over to an incoming Executive Council.
6. Financial Commitments
No member is authorized to bind the Association financially without prior approval from the Executive Council in accordance with Article II.4. Any financial commitments made without prior approval shall not be binding upon the Association.
7. Legal Recourse
The Association will prosecute and take legal action to protect its property and public image against any individual or entity that commits embezzlement, fraud or financial impropriety against it or otherwise impinges upon its legal rights.
Article III – Organization Structure
1. The Association shall consist of an Executive Council, Advisory Council, Committees and Members.
2. Executive Council
- The Executive Council shall be comprised of Officers as defined in Article VIII of the Constitution and shall be elected in accordance with the bylaws of the Association.
- The Executive Council shall convene at the call of the President and each Officer of the Executive Council shall have a single vote.
- The Executive Council is vested with the power to administer the business of the Association as follows:
- Transact business on behalf of the Association
- Develop and implement the annual program of activities for The Association
- Present an annual report of its accomplishments annually at the End of the Year General Meeting.
- Set time and place, with approval from the general membership, for the October Special Event Meeting
- Establish Committees, as required, and communicate written guidelines for their functioning
- Arrange for an audit of the records of any officer resigning from the Association
- Arrange for an annual audit of the Association’s financial records which shall be conducted by two members elected by the general membership
- Be responsible for the safekeeping of the Association’s property/records and proper investment of all funds of the Association
- Approve an operating budget for presentation to and approval by members at the January General Meeting or the first meeting of a newly elected administration, as applicable.
- Determine formal participation in and representation of the Association at the activities or celebrations of other organizations.
- Require a proposal from members who wish to conduct and direct a special event of interest to the community and arrange for the proposals to be maintained in the files of the Secretary for a period of at least three years.
3. Advisory Council
A. The Executive Council shall select the members of the Advisory Council and the President shall nominate its Chair-person. All past presidents of the Association who have successfully served shall be eligible to be members of the Advisory Council.
B. The Advisory Council shall maintain a record of their activities and submit such records to the Executive Council when requested.
C. The Advisory Council shall serve as advisers to the President and the Executive Council on the Association’s policies and practices and bring to the attention of the Executive Council matters it believes will promote the purposes of the Association in accordance with ARTICLE II of the Constitution.
4. Committees
- The Executive Council shall create committees as necessary, with approval from the general membership. The Executive and Advisory Council members may attend and observe committee meetings. Each committee shall notify the President of committee meetings prior to such meetings
- The Association’s committees shall include but not be limited to Membership, Welfare, October Special Event, End of Year General Meeting, Election, Grievance, Annual Picnic and Fundraising committees.
- Additional committees may be established as needed at the discretion of the President with the approval of the general membership.
- Each committee shall elect its chair-person, and each chair-person shall, within 4 weeks of being appointed, present a program of activities (based on written guidelines from the Executive Council), a list of members, and a budget (if applicable) to the Executive Council, who, upon two-thirds majority shall ratify the plan.
- All committees shall operate under the guidelines approved by the Executive Council and shall provide quarterly reports of its activities to the Executive Council
Article IV – Election
1. Election Committee
- By September of an election year, the Executive Council shall establish an Election Committee comprised of Active Members to conduct the elections of officers and auditors of the Association. Elections shall be conducted at the December general meeting of an election year.
- All Active Members who are legal residents of United States shall be eligible to run for any office of the Association but with regard to the office of President, Active Members must have resided in the Capital District continuously for at least the two years, immediately prior to the election date.
- The committee will solicit nominations for Executive Council positions and submit the nominee’s names to the Executive Council for certification.
- The Chairperson of the Election Committee shall present the names on the ballot to the general membership on election day. After voting is completed, the committee shall count the ballots and certify to the President the names of the duly elected members.
2. Electing Officers
- The Executive Council shall be elected once every three years for three-year terms. Members of the Executive Council can be re-elected to serve for an additional three-year term.
- Presidents who have successfully served two terms shall not be eligible to seek or contest for the office of the President for the first six years immediately following the end of their last term.
- Officers cannot hold the same office for more than two consecutive terms but may seek and contest for other positions.
- Inauguration of elected officers shall take place during the January general meeting.
3. Voting
- A quorum is required for the commencement of the election process and shall be achieved by two-thirds of the general membership.
- Each member present on the election date shall be entitled to cast a single vote per position contested. No member shall be granted proxy voting rights.
- The Chairperson of the Election Committee shall preside over elections and shall not vote except to break a tie.
4. Vacancies and Succession
- In the event the President is unable to discharge his/her duties, the office shall be assumed by the Vice President.
- Officers of the Association who become inactive members for a period of 4 consecutive months and fail to resign shall be removed from office by the Executive Council.
- An officer may resign office by submitting a written resignation giving the Association a minimum of 30 days notice. Resigning officers or officers voted out of office shall return all belongings of the Association, etc., upon leaving office.
- Vacancies occurring during the term of an Officer shall be filled by special election of the Association. The election date shall be announced one month prior to the election.
- In the event the President and Vice President are unable to discharge their duties, the office shall be temporarily assumed by the Chairperson of the Advisory Board Vice President until the general meeting reaches a proper resolution.
Article V – Duties of Officers
1. President
- The President shall be the chairperson and spokesperson for the Association, shall have the authority to call meetings and shall preside over all meetings. In his absence, the Vice President or a designee shall preside over all meetings.
- The President or his designee shall be a signatory to the Association’s bank account.
- The President shall present the Executive Council’s annual budget or operating plan at the first regular general meeting after a new administration is sworn in.
- The President shall present an annual report at the first general meeting held every calendar year, and, upon vacating office, shall present a final report to the general meeting at the last general meeting of the President’s term.
- The President shall provide the Secretary with an agenda for every meeting.
2. Vice President
- The Vice President shall assume the functions of the President should the President be temporarily absent or upon the request of the President. The Vice President shall also assume the position of President in the event the President is unable to complete his/her term of office.
- The Vice President shall be an ex-officio member of all the committees.
- The Vice President shall be a signatory to the Association’s bank account.
3. Secretary
- The Secretary shall keep accurate minutes and attendance records of all meetings. In his/her absence, the President shall designate another Executive Council member to record meeting minutes and assume the functions of the Secretary at that meeting only.
- The Secretary shall handle and preserve all correspondence made on behalf of the Association and shall make such records available to an incoming Secretary at the end of his/her term.
- The Secretary shall be a signatory to the Association’s bank account.
4. Public Relations Officer
The Public Relations Officer shall be responsible for all publicity authorized by the Executive Council, shall promote the Association’s functions by various means of communication such as email, telephone calls, writings, etc, and shall be responsible for the Association’s website, distribution list and electronic mail box.
5. Financial Secretary
- The Financial Secretary shall collect and receive money and financial instruments due to the Association, issue receipts for and forward same to the Treasurer for deposit in the Association’s account.
- The Financial Secretary shall keep full and accurate accounts of money received and forwarded in the Association’s books provided for that purpose.
- The Financial Secretary will make his/her books available to auditors during audits.
- The Treasurer and the Financial Secretary shall render a financial report to the Executive Council as needed and shall present an annual financial report to the Association at the End of Year Meeting and Celebration.
6. Treasurer
- The Treasurer shall have custody of all the Association’s funds and securities and shall keep full and accurate accounts of receipts and disbursements in the Association’s books provided for that purpose.
- The Treasurer shall deposit all monies received from the Financial Secretary in the Association’s bank account and upon proper authorization pay all bills and debt.
- The Treasurer shall receive and retain all bank and financial statements and make monthly financial reports to the general membership regarding all the Association’s financial accounts.
- The Treasurer shall be a signatory to the Association’s bank account.
- The Treasurer and the Financial Secretary shall render a financial report to the Executive Council as needed and shall present an annual financial report to the Association at the End of Year Meeting and Celebration.
- The Treasurer shall maintain a filing system and make same available to the next administration at the conclusion of his/her term of office.
- The Treasurer shall make the financial books available to the auditors annually or as requested.
- The Treasurer may not disburse any monies from the Association’s account unless such disbursement is in compliance with the Association’s Constitution and Bylaws.
- In the event the Treasurer will be absent for more than a two-week period, he/she should transfer the Association’s checkbook and financial instruments to the President, or the President’s designee chosen from one of the other signatories to the bank account.
Article VI – Meetings
1. General Meeting and Attendance
- The Association shall have a general meeting at least once every other month, except as otherwise directed by the Executive Council. Each general meeting shall be held at the residence of a member of the Association based on a prior established schedule and shall start at 2:30P.M.However, in the event that a member cannot host the general meeting at his/her residence, such a member may elect to host the meeting at another venue.
- Attendance shall be required of all members at the Association’s general meetings. A member who will be absent from a general meeting due to temporary illness or other extenuating circumstances should notify the Association by communicating directly with an Officer or other member. Under such circumstances, such absence will be excused and will not count against the member in determining Active Membership status.
- Every member of the Association is welcome to attend all general meetings and events of the Association regardless of whether they have paid their membership dues or not.
- Attendance shall be taken by the Secretary at all meetings and a file record shall be maintained.
- A quorum shall be achieved by one-half of the Association’s Members.
2. October Special Event
The October Special Event shall take place on or about the first Saturday in October to celebrate Nigeria’s October 1st Independence Day or as agreed upon by the Association’s members.
3. End of Year Meeting and Celebration
The End of Year Meeting and Celebration shall take place in December at a time and place agreed upon by the planning committee and members.
4. Executive Council Meetings
- The Executive Council shall meet at least 4 (four) times a year as stated in ARTICLE XII of the Constitution. Special meetings of the Executive Council may be called at the request of a majority of its members and/or at the discretion of the President.
- Only members of the Executive Council are permitted to attend Executive Council meetings, except when invited by the President. In such circumstances, only members of the Executive Council shall vote on matters of executive concern.
- An Executive Council member may be absent due to temporary illness or extenuating circumstances which can be justified to the President and in the case of the president, to the vice-president.
- An executive council member who will be absent for an extended period of time should affect proper handover to the president and in case of the president, to the vice-president.
5. Advisory Council Meetings
The Advisory Council shall meet as necessary, independently or in conjunction with the Executive Council. The chairperson shall notify all Advisory Council members about the date, time and place of such meeting.
6. Other Meetings
Additional meetings may be called at any time by the President or by petition in writing signed by at least one-third of the Active Members of the Association or by two-thirds of the Executive Council members.
Article VII – Ammendments
Amendments to the By-Laws shall be in accordance with the process set forth in ARTICLE XIII of the Constitution
Article VIII – Impeachment
1. Judicial Committee
A Judicial Committee shall be formed by a two-thirds vote at a general meeting. The President shall nominate members to serve in the Judiciary Committee which shall consist of one Advisory Council member, one Executive Council member, and three non-officers of the Association. All nominations shall be approved by the general membership. Where the impeachment is against the president, the chairman of the Advisory Committee shall nominate members to serve in the Judiciary Committee.
Impeaching and Expelling of Officers
An officer of the Association may be impeached and expelled from office for violating any of the provisions of the Constitution and bylaws by a decision of a Judicial Committee. To expel an officer of the Association, four out of five members of the Judiciary Committee must vote to expel. Any vacancy resulting from the expulsion of an officer shall be filled in accordance with the provisions of the Constitution and Bylaws.
ARTICLE IX – DISPUTE RESOLUTION AND GRIEVANCE COMMITTEE
The Executive Council shall establish a dispute resolution process for the Association which shall be administered by the Grievance Committee. The Grievance Committee shall be established in accordance with the Bylaws. No member of the Executive Council shall be part of the Grievance Committee. Association Members should direct all grievances to the Grievance Committee. The committee’s decisions shall be final.
BY-LAWS OF THE ASSOCIATION OF NIGERIANS IN THE CAPITAL DISTRICT OF THE STATE OF NEW YORK