C O N
S T I T U T I O N
ARTICLE I: NAME, LOCATION AND DEFINITION
Section
1:
The name of the Association is "American
Association of Bangladeshi Engineers & Architects, NY-NJ-CT, Inc.” in
Tristate New York-New Jersey-Connecticut (AABEA Tristate) hereafter referred to
in the constitution as the "Association".
Section
2:
The principal office of the Association shall be
located in the State of New York, U.S.A.
Section
3:
The Association shall be a non-profit,
non-political, non-religious, engineering & architecture-oriented voluntary
professional organization. It is a type "A" corporation under Section
201 of the Not-for-Profit Corporation Law of the State of New York.
ARTICLE II: AIMS AND OBJECTIVES
The Association is organized exclusively for
educational, scientific, cultural and charitable programs. The aims and
objectives of the Association are as follows:
Section 1:
A.
To provide
assistance in career enhancement for its members and affiliates.
B.
To conduct
seminars and other educational programs.
C.
To provide
mutual assistance and cooperation between this Association and other
professional associations / societies and institutions located in Bangladesh as
well as in North America.
D.
To promote
welfare of members' families in case of need.
E.
To bring together
and share ideas, technology and experiences between engineering and
architectural professionals of Bangladesh and North America; and with other
engineers, architects, engineering and architectural organizations.
F.
To work
towards the advancement of engineering and architectural professions in
Bangladesh.
G.
To help
develop feasibility studies of various engineering and technological concerns
of Bangladesh.
ARTICLE III: PROHIBITION
Section 1:
A.
No part of
the net earnings or assets of the Association shall be used to the benefit of
or be distributable to its members, officers, or other private persons, except
that the Association shall be authorized and empowered to pay reasonable
compensation for services rendered, and to make payment and distribution in the
furtherance of the purpose set forth in Article II hereof.
B.
The
Association shall not carry out any activities not to be carried out (a) by a
corporation exempt from Federal Income Tax under Section 501 (c) (3) of the
Internal Revenue Code, or the corresponding provision of any future U.S. or
Internal Revenue Law, or (b) by a corporation, contributions to which are
deductible under Section 170 (c) (3) of Internal Revenue Code, or the
corresponding provision of any future U.S. Internal Revenue Law.
C.
The Association
shall not participate in or intervene in (including the publishing or
distributing of statements) any political campaign on behalf of any candidate
for public office.
D.
No member
of the Association shall use his or her office and the name of the Association
for his or her personal benefit.
E.
No member
shall participate in any activity, which may be contrary to the interest of the
Association, nor represent the Association without the approval of the
Executive Committee.
F.
No Press
Release shall be issued without the signatures of the majority members of the
Executive Committee or the President on it.
ARTICLE IV: MEMBERSHIP,
FEES AND DUES
Section 1:
The membership of the Association shall consist
of Members, Associate Members, Honorary Members and Life Members, living in
Tristate New York, New Jersey and Connecticut.
A.
A member of
the Association shall be an engineer or an architect having a Bachelor of
Science degree and/or Master of Science degree in engineering or architecture
or a registered Professional Engineer (PE) or a Registered Architect in any
State/Province of North America.
B.
An
Associate Member of the Association shall be a person who is a student of
engineering or architecture.
C.
The
Executive Committee may grant Honorary Memberships to any individual who has
made significant and outstanding contributions in preserving the aims and
objectives of this Association. Honorary members will not have any rights to
vote or contest for any office of the Executive Committee.
D.
A Member
may qualify to become a Life Member upon one time contribution, the valuation
of which will be determined by the Executive Committee.
Section 2:
All members of the Association must abide by the Constitution &
By Laws of the Association to obtain and retain membership in the Association.
Members and Associate members must have paid their dues. Members living in the
geographical jurisdiction of the Association shall pay their dues to this
Association. Any officer elected from this Association to the Executive
Committee position must pay his/her membership dues to this Association from
where he/she is elected.
Section 3:
Only Members of the Association who have paid their dues shall be
eligible to vote in the election of the Association. If any members of the
Executive Committee fail to pay membership dues to the Association by the first
of April, they shall loose their positions automatically in the Executive
Committee. Executive Committee shall immediately declare his/her position
vacant. The vacant position shall be filled as per Section 4 of Article VI of
this constitution.
Section 4:
The annual membership dues shall be in an amount as determined by
the Executive Committee of the Association.
ARTICLE V: ORGANIZATION
The Association shall be organized through the
following bodies:
(a)
The General
Council
(b)
The
Executive Committee
(c)
The
Standing Committee
Section 1: General Council
A.
The General
Council shall be composed of all the dues paying Members of the Association as defined
in the Constitution and By-Laws of the Association.
B.
The General
Council shall elect the officers of the Executive Committee.
C.
The General
Council shall have the power to approve, amend and adopt the Constitution and
By-Laws of the Association. The General Council shall retain the supreme power
of the Association.
D.
Any
Committee formed in the General Council meeting or approved by the General
Members can not be dissolved by the Executive Committee or by the President.
Section 2: The Executive Committee
A.
The
Executive Committee shall be composed of seven (7) officers as stated under
Article VI, Section 2. The Executive Committee is accountable to the General
Council.
B.
The
Executive Committee shall be responsible for the proper functioning of the
Association.
C.
All the
decisions of the Association's activities and functions shall be taken in the
Executive Committee meetings and/or General Council meetings. No member of the
Executive Committee or the Standing Committee shall represent the Association
without the decision of the Executive Committee meetings and/or General Council
meetings.
Section 3: The Standing Committees
A.
There shall
be various standing Committees as stated in Article IX of the Constitution to
carry out the specific tasks and objectives of the Association as laid out in
the Constitution.
B.
The
Executive Committee shall appoint the members of the Standing Commiittees.
ARTICLE VI: ADMINISTRATION AND OFFICES
Section 1:
The general management of the Association shall be
vested upon the Executive Committee.
Section 2:
The Executive Committee shall be composed of the
President, Past President, President Elect, Secretary, Treasurer and two (2)
Executive Members. All members of the Executive Committee shall be members who
retain the power to vote. The Executive Committee shall be elected for a term
of two (2) years.
Section 3:
The immediate Past President shall be a member
of the Executive Committee for the following term.
Section 4:
Any vacancies in the office of the Secretary,
Treasurer, or Executive Member shall be filled by appointment by the Executive
Committee. Vacancy caused by the President will be filled by the President
Elect. Vacancy caused by the President Elect may only be filled by a subsequent
general election. All these decisions shall be taken in a properly called
Executive Committee meeting.
ARTICLE VII: MEETINGS
Section 1:
The President, or the Secretary in consultation
with the President, or the majority of the Executive Committee members shall
call the Executive Committee meetings. The time and place of all meetings shall
be decided by the President, or the Secretary in consultation with the
President, or the majority of the Executive Committee members. The President or
the majority of the Executive Committee members shall call the General Council
meeting. The Executive Committee or the President shall also hold the General
Council meeting if twenty percent (20%) of the dues paying general members
submit a written request to hold a General Council meeting. Any dues paying
member of the Association can request to address an issue of the Association by
writing letter to the President and/or Executive Committee members. The
President / Executive Committee members shall bring that issue on the agenda for
the discussion in the Executive Committee meeting. The Executive Committee
shall meet at least four (4) times a year, or as often as need be to conduct
business. There shall be at least one meeting of the General Council every year
at a place and date designated by the Executive Committee or the President.
Notice of the time and place of General Council
meetings shall be mailed to all members at least one month prior to such
meetings. Emergency Executive Committee meeting and special General Council
meeting may be called by the President or by the majority of the Executive
Committee.
Section
2:
Quorum of the meetings of the Executive
Committee shall be considered four (4) members or greater. Thirty percent (30%)
of total dues paying members or twenty (20) dues paying members whichever is
greater shall constitute the quorum in General Council meeting.
Section
3:
Resolutions of the Executive Committee meeting
shall be adopted on the basis of the simple majority votes of the Executive
Committee members present in the meeting provided quorum is maintained
throughout the meeting. The president shall have the right to break a tie.
Section 4:
Resolutions of the General Council meeting shall
be adopted on the basis of the simple majority votes of the General Council
members present in the meeting provided quorum is maintained throughout the
meeting. The president shall have the right to break a tie.
Section 5:
President
shall preside over the meeting. In absence of President, the President Elect
shall preside over the meeting. In
absence of President and President
Elect, the Executive Committee, with the majority of votes, shall decide the
next presiding officer who shall preside over the particular meeting. The presiding officer shall adjourn the meeting
on the majority votes of the Executive Committee members present in the
meeting. If some reasons, the presiding officer leaves the meeting before it is
adjourned properly, the next officer, as per this Section, shall preside over
the meeting for the remaining period of time, provided quorum is maintained
throughout the meeting.
Section
6:
Preferably one technical meeting shall be
arranged in a year.
ARTICLE VIII: AMENDMENTS
Amendments to the constitution can be made by the
general membership only. Any proposed amendments shall be submitted to the
Executive Committee in writing by ten dues paying members or by the
Constitution and By-Laws committee. Amendments of this Constitution may be
effected by two-thirds vote of the dues paying members present in the General
Council meeting, provided there is quorum in General Council meeting and that
such amendment has been mailed to all members at least one month prior to such
a meeting. Amendments may also be made by a mailed ballot and to become
effective amendment shall receive an affirmative vote of two-thirds of the dues
paying members voting.
ARTICLE IX: COMMITTEES
All standing committees shall be appointed by
the Executive Committee. The committee members must be dues paying members of
the Association. The standing committees shall be:
A.
Membership
and Organizing Committee: Functions include preparing upto date roster of the
members, finding ways to increase the total number of members of the
Association, organizing General Council meeting, Annual convention and
maintaining liaison with other organizations and other related functions.
B.
Committee
of Research, Education and Scientific Affairs, and journals: Functions include
conducting seminars, educational programs, research, providing assistance to
develop feasibility studies of various engineering and technological concerns
of Bangladesh, publishing scientific journals and other related functions.
C.
Nominating
Committee: Functions include searching for individuals who has made significant
and outstanding contributions in preserving the aims and objectives of this
Association; to recognize and to nominate to honor Bangladeshi origin or
Bangladeshi Engineer / Architect for professional excellence in his or her
field and other related functions.
D.
Fund
Raising Committee: Functions include finding ways to raise funds for specific
purposes and other related functions.
E.
Professional
Assistance and Job Search Committee: Functions include providing professional
assistance to the members, providing cooperation and guidance for employment,
helping members to rewrite resume to best suite for job requirements and other
related functions.
F.
Professional
Advancement Committee: Functions include providing assistance to the members
for engineering and architectural licenses examinations for career advancement.
G.
Constitution
and By-Laws Committee: Functions include submitting proposals for the
amendments to the Constitution and By-Laws of the Association and other related
functions.
H.
Communication
and Entertainment Committee: Functions include publishing newsletters,
magazines and organizing seminar & variety show at the Annual convention
and other related functions.
I.
Finance and
Budget Committee: Functions include preparing annual budget of the Association,
recommending to Executive Committee the fee for the membership dues and other
related functions.
J.
Any other
Committee deemed necessary by the Executive Committee.
The President shall nominate the Chairpersons of
the standing committees who shall be approved for appointment by the Executive
Committee. Each committee shall obtain the signature of the President on any
press releases.
ARTICLE
X: AFFILIATION WITH OTHER ENGINEERING/ARCHITECTURAL ORGANIZATION
Section 1:
This Association may affiliate with other
engineering/architectural organization. But the activities of this Association
shall be independent and shall be governed by this Constitution and By-Laws
only, not by the constitution or by-laws of the other engineering/architectural
organization. The other engineering/architectural organization, with which this
Association will affiliate, will not have any power to interfere with this
Association. This Association, after affiliating with other
engineering/architectural organization, will not share any dues. Majority of
the Executive Members of this Association shall have the power to
affiliate/secede from the other engineering/architectural organization and
shall be approved by the majority of the general members at a later date.
ARTICLE XI: DUTIES
OF OFFICERS OF EXECUTIVE COMMITTEE
Section 1:
President: The President shall be the principal elected official of the
Association and shall be so recognized at all affairs, programs and activities
of the Association. He/She shall preside at all meetings of the Association and
of the Executive Committee. The President shall appoint chairpersons of various
committees with the approval of the Executive Committee in a properly called
Executive Committee meetings. He/She may sign, with the Secretary, or any other
proper officer of the Association, authorized by the Executive Committee, all
deeds, mortgages, bonds, contracts or other instruments which the Executive
Committee has authorized to be executed in a properly called Executive
Committee meetings, except in cases where the signing and the execution thereof
shall be expressly delegated by the executive Committee to some other agent of
the Association. He/She shall designate all official delegate and
representatives to other groups with the approval of the Executive Committee in
the properly called Executive Committee meetings: he/she shall appoint special
Committees as may be necessary to further the Associations objectives; and
he/she may discontinue any such committee with the approval of the Executive Committee
in the properly called Executive Committee meetings, when its purpose has been
served. The President shall be one of the signatories of the bank account and
shall sign withdrawal checks with the Treasurer. The President shall act as a
custodian of all official documents including but not limited to (1) Corporate
Seal and Books, (2) Lease or deeds. The President shall be accountable to the
General Council.
Section 2:
President Elect: The President Elect shall perform the duties
of the President in his / her absence. The President Elect shall be the
President of the following term. He/She may serve as the chairperson of the
standing committee with approval of the President and the Executive Committee.
President Elect shall preside over the Executive Committee meeting in absence
of President. President Elect shall be accountable to the General Council.
Section
3:
Secretary: The Secretary shall keep the minutes of the meetings of the
Association and the Executive Committee. The Secretary shall place the minutes
of the meetings to the next Executive Committee meeting for approval by the
Executive Committee. The copies of the approved minutes of the General Council
meeting shall be distributed to all the members of the Association. Secretary
shall prepare the agenda for each Executive Committee and General Council
meeting in consultation with the President and notify the members about time
and place of the meeting. He/She shall prepare an annual report for the General
Council. The Secretary shall be responsible for correspondence of the
Association and shall maintain all official records. He/She shall maintain a
current list of the association's members and committee members. He/She may
serve as the chairperson of the standing committee with approval of the
President and the Executive Committee. He/She shall be accountable to the
President and General Council.
Section
4:
Treasurer: The Treasurer shall receive and be the custodian of the funds of
the association. He/She shall be the Chairperson of the Finance & budget
Committee and present to the Executive Committee a proposed budget for the
ensuing fiscal year and this budget in the final form shall be approved by the
Executive committee. He/She shall make a complete financial report at the
annual general meeting of the Association. He/She shall maintain an accurate
and current record of all receipts and disbursements of funds. Treasurer shall
deposit all funds received on behalf of the Association in a bank selected by
the President and approved by the Executive Committee. He/She shall be one of
the signatories of the Association's bank account. Along with the President,
sign all withdrawal checks for withdrawal of the Association's fund on behalf
of the Association. Checks in excess of $1,000.00 shall have to be authorized
by the Executive Committee. Any expenditure in excess of $200.00 per month
needs prior approval from the Executive Committee. No officers of the
Association are permitted to withdraw Association's fund by using Automatic
Teller Machines (ATM). Executive Committee shall advise the bank not to issue
the ATM Card to the signatories of the Association’s bank account. Treasurer
shall be accountable to the President and to the Executive Committee.
Section 5:
Executive Members: They shall assist the President, President
Elect, Secretary and Treasurer to accomplish their duties and functions. They
shall attend the meetings of the Executive Committee and participate in all its
activities. They shall perform any other duties and/or responsibilities
requested by the President or the Executive Committee. They shall serve as the
Chairpersons of the standing committees with the approval of the President and
the Executive Committee. Executive members shall be accountable to the
President and general Council.
Article XII: PARLIAMENTARY
PROCEDURE
All meetings shall be conducted by the established Parliamentary
Procedure as outlined in the recent edition of the book titled Robert's Rule of
Order. All members attending the General Council meeting shall adhere to the
principles governing discipline at the meeting. All members present at a
meeting shall obey the legitimate orders of the presiding officer. Executive
Committee meetings shall be adjourned with the approval of the majority of the
members present.
Article XIII: FINANCE
The
day to day operation of the Association shall be financed by the membership
dues. The Executive Committee may raise funds by other legal means to carry out
specific programs as long as such programs are not contrary to the provisions
adopted by the Association.
Article XIV: REVENUE COLLECTION
The Association shall collect membership dues from its members and
from the officers elected to the Executive Committee and hold any other fund
raising event within its geographical jurisdiction.
Article XV: DISCIPLINE, REMOVAL FROM OFFICE OR EXPULSION FROM
THE ASSOCIATION
Any member or office bearer of the Association can be reprimanded,
suspended or removed from his/her office or membership upon following proper
disciplinary procedures for the following reasons:
(i)
Due to
activities contrary to the provisions of the Constitution and By-laws of the
Association.
(ii) Tending to injure the good name of the
Association, disturb its well being or hamper in its work.
(iii)
For failure
to perform the duties and obligations of the Association.
Bylaws of the Association shall regulate the provisions of Article
XV of this Constitution.
Article XVI: ELECTION
Section 1:
There shall be a general election
for the officers of the Executive Committee in every two years according to the
By-laws of the Association.
Section 2:
The Executive Committee and / or the General Council shall appoint
an Election Commission consisting of three dues paying members who will not
seek any position in the election of that year to conduct the election. No
formal letter shall be needed from the Executive Committee to conduct the
election by the Election Commission if it is appointed by the General Council.
Section 3:
Terms of Office: The
Executive Committee shall be elected for a period of two (2) years. The
President, President Elect shall not hold same office for consecutive terms.
Article XVII DISSOLUTION
In the event of dissolution of the Association, the Executive
Committee after paying or making provisions for the payment of all the
liabilities of the Association, dispose of all the assets of the Association
exclusively for the purpose of the Association, in such a manner, or to such
organizations organized exclusively for charitable, cultural, or scientific
purposes as shall at the time qualify as an exempt organization or
organizations under Section 501 (c) (3) of the Internal Revenue Code of 1986 or
the corresponding provision of any future U.S. Internal revenue Law, as the
Executive Committee decides. Any such assets not so disposed of shall be
disposed of by the Court of Competent Jurisdiction of the county in which the
principal office of the Association is then located, exclusively for such
purposes or to such organization or organizations, as said Court shall
determine to be organized and operated exclusively for such purposes.
By-Laws
Chapter I: PURPOSE
Section
1:
By-laws
shall govern and regulate the functions of the Association and provide positive
directions to the Association.
Chapter II: MEMBERSHIP
Section
1:
The categories of membership of the Chapter are as follows:
(a)
Member
(b)
Associate Member
(c)
Honorary Member
(d) Life Member
Section 2:
Application for membership shall be submitted
with appropriate membership dues to the Chairperson of the Membership Committee
on a form provided by the Association. Photocopies of the educational diplomas
and certificates shall also be submitted along with the membership application
if advised.
Section 3:
The application for membership shall be
forwarded to the President by the Chairperson of the Membership Committee for
President's signature and approval. Once approved the new member's name shall
be enrolled on the official membership roster.
Section 4:
Membership dues shall be determined by the
Executive Committee for different categories. Honorary members shall be
exempted from paying dues.
Chapter III: OFFICERS
Section 1:
The officers of the Association shall be a
President, a President Elect, the Immediate Past President, a Secretary, a
Treasurer and two (2) Executive Members.
Section 2.
No person shall be eligible for election as an officer
of the Association unless he/she has been a member in good standing of the
Association for one (1) year immediately prior to that member's election.
Chapter IV: ELECTION PROCEDURE
Section 1.
(a)
A general
election shall be held once in two (2) years for the purpose of electing the
officers of the Executive Committee. Election shall be conducted by mailing
secret ballots or by casting secret ballots in person. Such election shall be
held in the second week of November of that election year. In the first
election, President, President Elect, Secretary, Treasurer and two (2)
Executive Members shall be elected. In the subsequent elections, President
Elect, Secretary, Treasurer and two (2) Executive Members shall be elected. The
Executive Committee or the General Council shall nominate at least sixty (60)
days prior to that election an Election Commission consisting of one Election
Commissioner and two Election Commission Members who must be dues paying
members of the Association.
(b) The President shall provide the list of the
bonafide dues paying members of the Association to the Election Commissioner at
least fifty (50) days prior to the election. The list shall contain the names
of those members who have paid their dues by September 15 of the election year.
The list shall be considered as final list for the election purpose. The
President/Treasurer are responsible to provide sufficient estimated fund at
least fifty (50) days prior to the election to the Election Commissioner to
conduct the election.
(c)
The Election
Commissioner in consultation with other two Election Commission Members shall
invite nominations from all dues paying members of the Association at least 45
days prior to that election.
(d) Each nominee for the position of the Executive
Committee shall be proposed by a dues paying member of the Association and
endorsed by another dues paying member. Nomination Form must be signed by the
candidate.
(e)
All
nominations for election shall be submitted to the Election Commissioner at
least thirty (30) days prior to the election date. The candidate may withdraw
the nomination within seven (7) days after the deadline for submission of the
nomination by sending a request letter to the Election Commissioner not to
include his/her name in the ballot.
(f) The
eligible voters shall elect the officers of the Executive Committee by casting
their votes through secret ballots.
(g) In case
of voting by mails, ballots for election shall be mailed to all eligible voters
at least fifteen (15) days prior to the commencement of the election. The
ballots can be mailed or self-delivered by the voters to the Election
Commissioner.
(h)
The
election commission may introduce a procedure to safeguard the authenticity of
a valid ballot by attesting their signatures on the ballot. Voting by mail shall
contain three envelopes, outer return envelope, inner envelope and innermost
envelope containing the ballot. Ballot paper shall not contain any kind of
alphanumeric or any serial number on it. Innermost envelope containing the
ballot shall also not contain any kind of alphanumeric or serial numbers
outside or inside of the envelope. Inner envelope containing the innermost
envelope shall be marked with alpha-numeric or any other kind of numbering
system to track the ballot and to verify the authenticity of a valid ballot.
Outer return envelope shall not contain any kind of alphanumeric or any serial
number on it. Mail ballots are to be returned to the Election Commissioner no
later than five (5) P.M. on election date, at which time the polls shall be closed.
(i)
The
Election Commission shall count the vote after the closing of polls. In case of
voting by mails, the Election Commission shall open the outer return envelope
in the presence of the members of the Election Commission, candidates or their duly
authorized representatives and independent witnesses selected by the Election
Commission. Election Commission shall verify the alphanumeric or any serial
number marked on the inner envelope before opening it. After verifying all the
inner envelopes, the Election Commissioner shall open the inner envelopes and
place the innermost envelope containing the ballot in the ballot box. When all
the innermost envelopes containing the ballots are placed in the ballot box,
the Election Commissioner shall take out innermost envelope, containing the
ballot, one by one from the ballot box and announce the names of the candidates
who received the vote on the ballot. The members of the Election Commission
shall count the vote. The candidate receiving the highest number of votes for
an office shall be declared elected. In case of a tie vote, the names of the
candidates who have tied for an office shall be placed on piece of paper and
folded and the candidate whose name is drawn blindly by the Election
Commissioner shall be declared elected.
(j)
In case of
voting by casting ballots in person, each voter must show his or her photo I.D.
card to the Election Commission to receive ballot in order to cast vote. The
voter must be physically present in order to cast his or her vote in the ballot
box. The candidates or their duly authorized representatives shall be allowed
inside the polling booth to observe casting votes. The members of the Election
Commission shall count the votes in presence of the candidates or their duly
authorized representatives.
Section 2.
Result of Election: The results of the election
shall be announced by the Election Commissioner to the general members and to
the Executive Committee within seven (7) days after closure of the polls.
Section
3:
The old Executive Committee shall hand over the
charge to the newly elected Executive Committee by 31st of December
at the end of its two-year term. The old Executive Committee stands dissolved
as of 1st of January, the beginning of the next term. Newly elected
Executive Committee shall assume charge on 1st of January, the
beginning of the next term. The President Elect shall succeed to the office of
the President at the end of their respective terms.
Section 4:
If the election can not be completed on time, the President Elect
shall automatically become President and shall take over charge of President on
1st of January, the beginning of the next term and shall conduct
election by appointing one Election Commissioner and two Election Commission
Members who must be dues paying members of the Association in the previous
term.
Chapter V: PROCEDURE
FOR DISCIPLINARY ACTION
Section 1:
A uniform procedure for taking disciplinary actions will be
followed for the elected officers of the Executive Committee as well as general
members of the Association. When any sort of penalty shall be imposed on any
elected officer of the Executive Committee, he/she can be removed from position
in the Executive Committee by the majority vote of the general members in the
special General Council meeting which shall be called for the removal of the
officer from executive committee position. Executive Committee shall
immediately declare his/her position vacant. The vacant position shall be
filled as per Section 4 of Article VI of this Constitution.
Section
2:
Offenses occurring in a meeting: If any member does not obey the legitimate
orders of the presiding officer in a meeting such as in cases of obstinate or
grave breach of order by the member, he/she shall be reprimanded, his/her right
of membership shall be suspended for one (1) year, or that he/she shall be
expelled from the Association. The offending member shall, by majority vote, be
required to leave the room during the consideration of his/her penalty, but
he/she shall be allowed to present his/her defense briefly first. If he/she
denies having said anything improper, the words recorded by the Secretary can
be read to him/her and he/she can be reprimanded, suspended for one (1) year
from the Association by the majority vote of the Executive Committee if the
offences occur in the Executive Committee meeting or by the majority vote of
the general members present in the meeting if the offences occur in the General
Council meeting. He/she can be expelled from the Association by a two-thirds
vote of the general members present in the General Council meeting.
Section
3:
Offenses elsewhere than in a meeting including
activities contrary to the provisions of the Constitution and By-laws of the Association,
tending to injure the good name of the Association, disturb its well-being or
hamper its work and failure to perform the duties and obligations of the
Association: The Executive
Committee shall appoint an investigating committee consisting of three members
to conduct a confidential investigation to determine whether charges are
warranted. The investigating committee shall submit its report to the Executive
Committee including its recommendation either exonerating the accused member or
preferring specific charges which shall be signed by every committee member who
agrees.
The Executive Committee shall appoint a Trial Committee consisting
of three members composed of persons different from those of the Investigating
Committee. The Trial Committee shall send a notice to the accused member to
appear for hearing before the Trial Committee to show cause why disciplinary
actions shall not be taken against him/her on the charges reported by the
Investigating Committee and brought by the Executive Committee. The Trial
Committee shall submit its report to the Executive Committee. The Executive
Committee is empowered to impose reprimand, suspension of membership for one
(1) year. The Executive Committee shall convene a special General Council
meeting for the expulsion of the accused from the Association,
removal/rescinding from the Executive Committee position. The Trial Committee shall present to special
General Council meeting its results of the trial of the case, with resolutions
- in cases where its findings is one of the guilty - covering the penalty which
it recommends that the Association shall impose. The accused shall be permitted
to make his statement of the case, after which the Trial Committee shall be
given the opportunity to present a statement in rebuttal. The accused then
leave the room and the General Council shall act upon the resolutions submitted
by the Trial Committee. The accused can be removed from the executive committee
position by the majority vote of the General Council. He/she can be expelled from the Association by a
two-thirds vote.
Section 4:
Any Executive Committee member who remained
absent three (3) consecutive meetings without a valid reason satisfactory to
the Executive Committee may be subject to suspension from the position of the
Executive Committee with a simple majority of the vote of the Executive
Committee members present in the Executive Committee meeting.
Chapter VI: MISCELLANEOUS
(a)
Fiscal year
of the Association shall run from January 1 to December 31.
(b) Notices for convening a General Council meeting
shall be mailed at least one month prior to that meeting. Notices for convening
a meeting of the Executive Committee shall be served at least a week prior to
that meeting. The notices may be served either by mail, telegram, telephone or
facsimile. A 48 hours notice either by telephone, telegram of facsimile will
suffice to hold an emergency meeting of the Executive Committee.
(c)
Notices for
hearings of disciplinary actions shall be served by certified mail at least 15
days prior to those hearings.
(d) In the event of dissolution of the Association,
the Executive Committee shall notify the concerned government authorities on
time for record purpose.
Ratified on Feb. 20, 1998