BYLAWS
ARTICLE I
Section 1. The name of this organization shall be The National Black
Caucus of State Legislators ("NBCSL").
Section 2. Offices of NBCSL shall be in such localities as shall be determined
by the National Executive Committee.
ARTICLE II
Purposes
Section 1. The purposes and objectives of NBCSL shall be:
(1) To seek the fulfillment of the goals and aspirations of Black and other
disadvantaged Americans by having a major forum primarily for Black State
Legislators interested in improving the quality of life for Black and other
disadvantaged Americans.
(2) To conduct research and planning and to take appropriate legislative
and administrative action directed toward the improvement of living, working,
housing, health and educational conditions of people in our respective communities,
with the view of lessening the burdens of government in our respective communities
in America.
3) To develop community knowledge and understanding of such conditions and
the means to alleviate the same by preparing and publishing and assimilating
through all available media of communications, studies, data and information
relating to such conditions.
(4) To operate for the promotion of social welfare and the promotion of
the common good and general welfare of Black and other disadvantaged peoples.
(5) To seek and foster interstate cooperation and to advocate the effectiveness,
independence and integrity of the respective Legislatures as equal coordinated
branches of government in the several states, territories and commonwealths
of the United States.
(6) To stimulate and develop economic growth within minority communities
through research and the development of economic tools to stimulate minority
owned and operated businesses. To network with corporations to create jobs,
housing and business opportunities.
(7) To undertake and accomplish the foregoing on its own initiative or with
the cooperation, assistance or support from any one or more governmental
agencies, instrumentalities, organizations, associations or individuals
including, but not limited to, the National Conference of State Legislatures.
Section 2. NBCSL shall not, at any time, directly or indirectly participate
or intervene in any political campaign on behalf of or in opposition to
any candidate for public office.
Section 3. NBCSL does officially recognize a section within NBCSL to be
known as the African American Legislative Staff Coordinating Committee
ARTICLE III
Membership
Section 1. The membership of NBCSL shall consist of three classes of membership:
(a) Regular (voting), (b) Associate (non-voting) and (c) Associate-Legislative
Staff (non-voting).
Section 2. Regular Members: Any current Black member of a State Legislature
who has tendered the amount of dues required for membership shall be eligible
for regular membership. Members of this class shall have the right to vote
on any matter being considered by the organization.
Section 3. Associate Members: Any former legislative person who is interested
in furthering the goals of the organization and who will have tendered the
amount of dues required for membership shall be eligible for associate membership.
Members of this class shall have the same rights and privileges as the regular
members except that associate members shall not have the right to vote or
hold office within the organization.
Section 4. Associate Legislative Staff Members: Any current member of the
African American Legislative Coordinating Committee who will have tendered
the amount of dues required for membership shall be eligible for Associate
Legislative Staff membership. Members of this class shall have the same
rights and privileges as the regular members except that they
shall not have the right to vote or hold office within the organization,
except as officers or executive committee members of the African American
Legislative Staff Coordinating Committee.
Section 5. Dues: The National Executive Committee shall levy dues upon all
members in such amounts and for such periods as may be determined by resolution
of the National Executive Committee. The National Executive Committee may
make regulations necessary to enforce the collection of such dues, including
the provisions for the termination of membership,
upon reasonable notice, for nonpayment of such dues and for reinstatement
of membership.
Section 6. Suspension and Transfer of Membership: The right of a member
of the organization to vote, and his or her right, title and interest in
or to the organization or its property, shall cease on the termination of
membership. The failure of any member to pay annual dues shall result in
suspension of membership and voting rights until all dues are paid in full.
No member may transfer membership or any right arising there from.
ARTICLE IV
Other Organizations
Section 1. NBCSL may cooperate with or establish relationships with such
other groups, public or private, as may seem most likely to advance the
purposes of the Caucus.
Section 2. NBCSL shall direct special effort toward cooperative work with
those bodies that represent local and state governments.
ARTICLE V
Meetings of Members
Section 1. NBCSL shall meet annually at such a time and place as may be
determined by the National Executive Committee.
Section 2. Special meetings of NBCSL may be called by the National Executive
Committee at any time, or shall be called by the President upon request
of at least six (6) NBCSL regions. The meeting shall be held within forty-five
(45) days after filing of the request with the Executive Director, and the
business to be transacted at any special meeting shall be stated in the
notice thereof, and no other business may be considered at that time.
Section 3. Time: Written notices of Annual and Special meetings of NBCSL
shall be provided by the Executive Director, but not less than ten (10)
days prior to the opening of the meeting.
Section 4. Quorum: One-fourth (1/4) of all the regular members in good standing,
present in person, shall constitute a quorum at the Annual Meeting of the
membership of this organization for the transaction of business. All other
meetings of NBCSL shall require at least ten (10) members for a quorum in
order to transact business.
Section 5. Voting: Every regular member of the organization shall be entitled
to one vote. Except as otherwise specified in the Articles of Incorporation
or these by-laws, a majority of affirmative votes cast by those voting members
present at a duly called meeting shall represent the actions taken by the
organization.
Section 6. Resolutions: Any regular member in good standing may bring a
resolution to the attention of the membership for consideration. If any
resolution is adopted by an appropriate committee of the organization and
a majority of those present at a duly called meeting of the membership,
it shall represent an adopted resolution of the organization. If a resolution
is offered from the floor of the duly called meeting without being referred
to or adopted by a committee, a two-thirds (2/3) majority vote by those
voting members present must be obtained in order for a resolution to be
an adopted resolution of the organization.
Section 7. Rules: Rules governing the conduct of meetings shall be recommended
by the National Executive Committee and adopted by NBCSL. Procedures of
annual or special meetings of NBCSL, except where specified in the adopted
rules of these by-laws, will conform to Robert's Rules of Order.
ARTICLE VI
Officers
Section 1. The officers of NBCSL shall be President and Vice President,
who shall be of the opposite sex; First Vice President; Second Vice President;
Secretary; Recording Secretary; Financial Secretary; Treasurer; Parliamentarian;
Chaplain (Ex officio); and such other offices as may be appointed in accordance
with the provisions of Section 2 of this Article.
Section 2. Subordinate Officers: The National Executive Committee may, from
time to time, select other officers, including but not limited to, one or
more assistant secretaries and one or more assistant treasurers each of
whom shall hold office for such period, having such authority and perform
such duties as provided in these by-laws, or as the National Executive Committee
may, from time to time, determine.
Section 3. Election and Term of Office: The officers of the organization,
except those appointed by Section 2 of this Article, shall be elected every
two years, commencing in 1977, by the members, and each such officer shall
hold office until the next election and until his or her successor shall
have been elected and qualified or until his earlier death, resignation
or
removal. Provided, however, the President and Vice President shall be eligible
to serve for only two (2) consecutive terms.
Section 4. Resignation: Any officer may resign at any time by giving written
notice to the National Executive Committee, or to the President or the Secretary
of the organization. Any such resignation shall take effect immediately
upon the date of receipt of such notice or at any later time specified therein
and, unless otherwise specified therein, the acceptance of such resignation
shall not be necessary to make it effective.
Section 5. Vacancies: A vacancy in any office because of death, resignation,
disqualification, or any other cause, shall be filled by the National Executive
Committee. If the office is one for which these by-laws prescribed a term,
then the vacancy shall be filled for the unexpired portion of the term.
ARTICLE VII
Duties of Officers
Section 1. The President shall serve as chairperson of the National Executive
Committee and as a member, ex officio, with the right to vote, on all committees
with approval or authorization of the National Executive Committee. The
President shall preside at all meetings of NBCSL. The President shall sign,
execute and acknowledge by the National Executive Committee, except in cases
where the signing and execution thereof shall be expressly delegated by
the National Executive Committee, or by these
by-laws, to some officer or agent of the corporation. The President shall
perform such other duties as are incidental to the office of the President
or as may be prescribed by the National Executive Committee.
Section 2
(1). The Vice President shall perform the duties of the President in the
event of the Presidents absence or inability to serve. The Vice President
shall perform such other duties as may from time to time be assigned to
him or her by the National Executive Committee or by the President.
(2). The First Vice President shall perform the duties of the Vice President
in the event of the Vice President's absence or inability to serve. The
First Vice President shall perform such other duties as may from time to
time be assigned to him or her by the National Executive Committee or by
the President.
(3). The Second Vice President shall perform the duties of the First Vice
President in the event of the Vice President's absence or inability to serve.
The Second Vice President shall perform such other duties as may from time
to time be assigned to him or her by the National Executive Committee or
by the President.
Section 3
(1). The Secretary shall attend all meetings of the members and of the National
Executive Committee and shall record all the votes of the members and of
the Committee members and the minutes of the meetings of the members and
the National Executive Committee and of committees of the organization in
a book or books to be kept for that purpose; shall see that the notices
are given and records and reports are properly kept and filed by the organization
as required by law; shall be the
custodian of the seal of the corporation and see that it is affixed to all
documents to be executed on behalf of the corporation under its seal; and,
in general, shall perform all duties incident to the office of Secretary,
and such other duties as may from time to time be assigned to him or her
by the National Executive Committee.
(2). The Recording Secretary shall perform the duties of the Secretary in
the event of the Secretary's absence or inability to serve. The Recording
Secretary shall perform such other duties as may from time to time be assigned
to him or her by the National Executive Committee, the President, or the
Secretary.
(3). The Financial Secretary shall serve as Chair of the Budget Committee
and shall appropriate all funds and develop appropriate line items for expenditures
of the National Black Caucus of State Legislators. He or she shall prepare
annual internal audits and such other audits as may be deemed necessary
for the efficient operation of the organization .
(4). The Chaplain shall serve as the religious advisor to the National Black
Caucus of State Legislators and shall perform duties as may from time to
time be assigned to him or her by the National Executive Committee or by
the President.
Section 4. The Treasurer shall have the power to sign checks, notes, bills
of exchange; shall have or provide for the custody of the funds or other
property of the corporation and shall keep a separate book account of the
same to his credit as Treasurer; shall collect and receive or provide for
the collection of funds by the corporation; shall deposit all funds in his
custody as Treasurer in such banks or other places of deposit as the National
Executive Committee may from time to time designate; shall, whenever so
required by the National Executive Committee, render an account showing
his transactions as Treasurer; shall discharge such other duties as may
from time to time be assigned to him or her by the National Executive Committee.
Section 5. The Parliamentarian shall rule on all questions of procedure
which come before NBCSL and the National Executive Committee. The Parliamentarian
shall be the chairperson of the Rules Committee of NBCSL. The Parliamentarian
shall make sure order and decorum is preserved at all meetings of NBCSL.
Section 6. Salaries: Elected officers shall receive no salaries. The salaries
or other compensation of the staff, other employees and agents shall be
fixed from time to time by the National Executive Committee. Elected officers
may, however, be reimbursed for such expenses as are necessary for the conduct
of their responsibilities or in the performance of their duties.
ARTICLE VIII
National Executive Committee
Section 1. The National Executive Committee is the governing body of NBCSL.
The National Executive Committee and NBCSL officers shall have supervision,
control and direction of the affairs of NBCSL, its committees and publications;
shall implement the polices of NBCSL; shall actively prosecute its objectives,
and supervise the disbursement of its funds. The National Executive Committee
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,
delegate certain of its authority and responsibilities to committees, divisions,
sections, officers, and the Executive Director. The National Executive Committee
shall have powers of the organization except those specifically reserved
or granted to the members of the Articles of Incorporation or by these by-laws.
Section 2. The National Executive Committee shall be composed of fifty-five
(55) Legislators: President; Vice President; First Vice President; Second
Vice President; Secretary; Recording Secretary; Financial Secretary; Treasurer;
Parliamentarian; Chaplain; twenty-four (24) Legislators, two (2) from each
of the twelve (12) NBCSL regions of the United States; twenty-one (21) Legislators
elected at large at the National Convention; and the immediate Past President
of NBCSL.
Section 3. Twenty-one (21) Legislative members of the National Executive
Committee shall be elected at the Annual Meeting by a vote of the members.
The Nominating Committee, acting under Article IX, Section 1, shall present
to the Annual Meeting a complete list of nominees to NBCSL. Additional nominations
may be made from the floor at the Annual Meeting. Vacancies within the Executive
Committee between Annual Meetings may be filled by the President.
Section 4. Twenty-four (24) Legislative members of the National Executive
Committee shall be selected by the twelve (12) NBCSL regions of the United
States by the following method: the twelve (12) NBCSL regions of the United
States shall have a caucus during the Annual Meeting in which elections
to the National Executive Committee shall be held and select two (2) Legislators
to represent that region. The Regional Chair and Vice-Chair shall be from
different states whenever possible. The names of the Legislators representing
the region shall be submitted to the Secretary of NBCSL.
Section 5. Term of Office: Each National Executive Committee member shall
hold office for a two-year term and until his successor shall have been
elected or qualified or until his earlier death, resignation or removal.
Section 6. Ex officio members: The National Executive Committee shall select,
for a one-year term, two (2) members of the Corporate Round Table to be
Ex officio members of the Executive Committee. The Ex officio Corporate
Round Table members shall be non-voting members of the National Executive
Committee. The National Executive Committee may exclude the non-voting members
for any closed caucus meetings of the Committee, whenever the Committee
deems it necessary.
Section 7. Executive Director as Ex officio Member: The Executive Director
shall serve on the National Executive Committee as a non-voting Ex officio
member.
Section 8. Chair African American Legislative Coordinating Committee: The
Chair of the African American Legislative Staff Coordinating Committee shall
serve as a non voting Ex officio member of the National Executive Committee.
Section 9. Twenty percent (20%) of the National Executive Committee's membership
shall comprise a quorum. On any vote not otherwise specified, a simple majority
of the members present is required for passage. Each member shall be entitled
to vote on any matter coming before the Committee. Voting rights of the
member shall not be delegated to any other person or exercised by proxy.
Section 10. Regular meetings of the National Executive Committee shall be
held no less than two (2) times a year at such time and place as the Committee
shall decide. No more than one (1) meeting during the Annual Meeting of
NBCSL may be used to satisfy this requirement. Absence from two (2) Executive
Committee meetings within a year, without cause, shall be grounds for removal.
ARTICLE IX
Special and Standing Committees
Section 1. Nominating Committee: A Nominating Committee of fifteen (15)
members shall be selected by the President at least sixty (60) days prior
to the next Annual Meeting. The President shall name the chairperson of
the Nominating Committee. The Nominating Committee shall present, at the
Annual Meeting, a slate of candidates for the election to the National Executive
Committee including the offices of President, Vice President, First Vice
President, Second Vice President, Secretary, Recording Secretary, Financial
Secretary, Treasurer, Parliamentarian and Chaplain (ex officio).
Section 2. The Chairperson of the Nominating Committee shall preside over
the elections of all officers and the elections of all at-large National
Executive Committee members.
Section 3. The President shall refer any resolutions offered at the Annual
Meeting to Committees of NBCSL that have been authorized by the National
Executive Committee. Any Resolution which results from the interim work
of a regularly authorized Committee of NBCSL may be discussed and acted
upon at any appropriate session during the Annual Meeting, provided the
resolution relates to the Committee's purpose and the National Executive
Committee approves of the scheduling of such discussion and action.
Section 4. There shall be a Rules Committee, a Budget Committee, a Finance
Committee and such other committees as the National Executive Committee
may authorize.
ARTICLE X
Budget Committee
Section 1. The Budget Committee shall make budget recommendations to the
National Executive Committee. The National Executive Committee shall submit
to NBCSL, at its Annual Meeting, a proposed budget for the coming fiscal
year for consideration and adoption by NBCSL. The National Executive Committee
may approve transfer of funds within the budget
adopted by NBCSL or amend the budget based upon changed revenue projections
during the course of the fiscal year by a majority vote for the entire National
Executive Committee.
Section 2. The accounts of NBCSL shall be audited by a certified public
accountant retained by the President with the approval of the National Executive
Committee. Such audit shall be reported to the National Executive Committee
and to NBCSL at its Annual meeting.
ARTICLE XI
Dissolution
Upon the winding up, dissolution or change in the non-profit status of this
corporation, no part of the corporate net earnings or assets shall inure
to the benefits of its officers, directors or private individuals. In fact,
these earnings or assets shall be distributed to and among other tax exempt
organizations as defined in the Internal Revenue Code Section 501 (c) (3)
as amended.
ARTICLE XII
Amendments
NBCSL, at any Annual Meeting, may amend these by-laws by a three-fifths
(3/5) majority vote of all members present and voting, provided that a
notice of such amendments be filed with the Executive Director at least
thirty (30) days prior to the meeting. Upon receipt of a copy of the proposed
amendments, the Executive Director shall forward copies thereof to the
entire membership not less than ten (10) days prior to such meeting.
Revised 1/28/96