REVISIONS TO BYLAWS

MARCH 2003

 

 

 

 

 

 

 

 

 

 

 

Arkansas

Compensation

Association

 

 

 


 

ARTICLE I

NAME AND LOCATION

 

Section 1 - Name

 

A.   The name of this corporation is ARKANSAS COMPENSATION ASSOCIATION, and, in these by-laws, may be referred to as the Association.

 

B.   The corporation name may be represented by a logogram approved by the Board of Directors.

 

Section 2 - Location

 

A.      The Association shall have and continuously maintain in Pulaski County, Arkansas, a registered office and a registered agent whose office is identical with such registered office.

 

B.     The Association may have other offices within the State of Arkansas at such places as may from time to time be designated by the Board of Directors.


ARTICLE II

PURPOSES AND POWERS

 

Section 1 - Purposes

 

A.      The purposes of the Association shall be exclusively educational, scientific and charitable within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1954, as amended and supplemented, and in furtherance thereof to provide for education and improvement of skills of members of the Association in the area of compensation practices, to provide for the advancement of knowledge in the compensation field, and to conduct meetings, programs, research and other activities in furtherance of the above.

 

B.     To achieve its purposes, the Association defines the field of compensation as those activities involving any and all aspects of employee remuneration including, but not limited to, wages, salaries, employee benefits, innovative pay and record systems, performance appraisals, perquisite, remuneration information systems, and the field of employee motivation, morale and behavior as related to compensation.

 

Section 2 - Powers

 

A.      The Association shall have such powers as are now or may hereafter be granted by the General Not-For-Profit Corporation Act of the State of Arkansas.

 

B.     The Association shall not engage, other than as an insubstantial part of its activities, in attempting to influence legislation by propaganda or otherwise or participating in or intervening in any political campaign on behalf of or in opposition to any candidate for public office or in any activities which are not in furtherance of its educational, scientific and charitable purposes.


ARTICLE III

MEMBERSHIP

 

Section 1 - General

 

A.      Membership in the Association is on a per company basis.  Membership is restricted to individuals engaged in one or more activities in the field of compensation as defined in ARTICLE II, Section 1, B.

 

B.     Individuals so engaged may be either operating or consulting practitioners, as hereinafter defined, and shall be treated as a single class of members except as provided in ARTICLE VII and VIII.

 

1.                  An Operating Practitioner shall be defined as any executive or staff personnel engaged in establishing, executing, administering or applying compensation practices to the employees of such practitioner’s employer.

 

2.                  A Consulting Practitioner shall be defined as any individual engaged in providing advice or services in the field of compensation on a fee basis to an employer who is other than the practitioner’s employer.

 

C.     Membership in the Association shall not be denied for any reasons of age, race, religion, sex, national origin or disability.

 

Section 2 - Application for Membership

 

A.      Application for Membership shall be made by filling out the form prescribed by the Board of Directors.

 

B.     Each application for membership must be accompanied by payment of the full amount of annual dues.

 

C.     Membership in the Association is not transferable for any purposes.

 

Section 3 - Voting Rights

 

Each Member shall be entitled to one (1) vote on each matter submitted to a vote of the members.

 

Section 4 - Maintenance of Membership

 

To maintain membership in the Association, an individual must continue to be eligible as defined in ARTICLE II, Section 1, and subject to the conditions indicated in ARTICLE V, Section 1.

 

Section 5 - Membership Roll

 

A membership roll containing the name, address and such other pertinent data, as authorized by the Board of Directors, of each member shall be maintained by the Association.  This roll, which may be in card form, shall be conclusive as to which persons are members for the purposes of notice and determining who is entitled to vote.


 

ARTICLE IV

TERMINATION AND REINSTATEMENT OF MEMBERSHIP

 

Section 1 - Resignation

 

Formal resignation of any member, not under charge, may be accomplished at any time by a letter to the Board of Directors.

 

Section 2 - Ineligibility

 

A member who becomes ineligible for membership by reason of a change in status, which causes the member to no longer meet the requirements of ARTICLE III, Section 1, may continue as a member of the Association - - but not in the capacity of any Officer or Director - - through the remainder of the fiscal year, at the end of which time membership will terminate.

 

Section 3 - Suspension or Expulsion

 

Members may be suspended or expelled for good reason after a hearing by the Board of Directors.  There shall be no recourse from the Board of Directors.  The name of an expelled member shall be stricken from the membership roll and such expelled member shall be ineligible for reinstatement to membership.  Examples of reasons for suspension or expulsion may include, but are not limited to the following:  misrepresentation of funds, violation of laws or by-laws, lobbying in the organization’s name.

 

Section 4 - Reinstatement

 

An individual whose membership has terminated, except for termination due to expulsion, may apply for reinstatement to member status.  Application for reinstatement to membership shall follow the same procedure prescribed for an individual who has not previously been a member.


 

ARTICLE V

DUES AND FISCAL YEAR

 

Section 1 - Membership Dues

 

A.      Membership dues in the amount as determined by the Board of Directors shall be paid annually by each member as a condition of membership.

 

B.     Dues shall be payable in advance for each fiscal year of the Association or in such other manner as the Board of Directors shall prescribe; provided however, that dues shall be due and payable with any application for membership.

 

C.     Dues for new memberships which become effective October 1 through December 31 of any year will satisfy dues requirements both for the year in which they are paid and for the following year.

 

D.     Dues shall not be prorated and no refund of dues paid shall be made for any reason except as provided by ARTICLE III, Section 2, C.

 

Section 2 - Fiscal Year

 

The fiscal year of the Association shall begin on January 1 and end on December 31 of each year.

 


 

ARTICLE VI

MEETINGS OF THE MEMBERS

 

 

Section 1 - Membership Meetings

 

There shall be a regular meeting of the members at such time and place as designated by the Board of Directors for the transaction of such business as may come before the meeting.  At the direction of the Board of Directors a meeting may be canceled.

 

Section 2 - Special Meetings

 

Special meetings of the members may be called by the Board of Directors, the President, or upon the written and signed request, stating briefly the purpose thereof, of ten percent (10%) or more of the membership.

 

Section 3 - Notice of Meetings

 

Written or printed notice stating the place, day and hour of the meeting, and in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered, either personally, by mail or to each member entitled to vote at such meeting.  If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail and addressed to the member at the address as it appears on the membership roll of the Association, with postage paid thereon.

 

Section 4 - Quorum

 

Ten percent (10%) of the membership must be present in person to constitute a quorum for the transaction of business at a meeting of the members.

 


ARTICLE VII

BOARD OF DIRECTORS AND OFFICERS

 

Section 1 - The Board of Directors and its Duties

 

A.      The control and management of the Association and its property shall be vested in the Board of Directors.

 

B.     The Board of Directors shall consist of five (5) Officers and two (2) elected Directors.

 

C.     The Board of Directors, acting as the executive policy making group, will study the  Association and make recommendations to the membership on internal and external affairs of the Association that are outside the authority vested in the Board of Directors by the laws of the State of Arkansas and these by-laws.

 

D.     The Board of Directors shall be responsible for the formulation and interpretation of the Association’s by-laws.

 

E.     The Board of Directors shall be responsible for maintaining the continuity of the Association and for furthering the long range purposes of the Association.

 

F.      The Board of Directors shall secure an annual audit of the books of the Association.

 

G.     The Board of Directors shall appoint a President, pro tempore, from the remaining members of the Board of Directors in the event that both the President and the Vice President of Programs are absent or unable to perform their duties.

 

H.     Election of Directors and Officers shall be prescribed in ARTICLE VIII.

 

Section 2 - The Board of Directors and its Duties

 

The Board of Directors shall consist of:

 

President

Vice President of Programs/President-Elect

Vice President of Membership

Treasurer

Secretary

General Director

Director of Association Services

 

 

Section 3 - Duties of the President

 

The President of the Association shall

 

·         serve for a minimum of one (1) year;

 

·         preside at all meetings of the membership and call such meetings in the manner provided herein;

 

·         shall appoint, with the approval of the Board of Directors, the Chairpersons and/or members of all standing or special committees;

 

·         shall serve as ex officio member of all committees; and shall perform generally all duties usually incident to such office, as well as other duties as may be required by the Board of Directors.

 

·         shall have the authority to call meetings of the Board of Directors as warranted.

 

Section 4 - Duties of the Vice President of Programs/President-Elect

 

The Vice President of Programs shall be responsible for

 

·         serve for a minimum of one (1) year;

 

·         providing a program at each regular meeting and/or special meeting of the membership which shall be educational and/or informative in nature and congruent with the goals and purposes of the Association;

 

·         serve as sergeant-at-arms in assuring meeting arrangements and facilities;

 

·         shall serve as “greeter” at each meeting;

 

·         shall serve as Chairperson of the Programs Committee;

 

·         serve as spokesperson for the Association;

 

·         shall perform such other duties as may be assigned from time to time by the President or the Board of Directors;

 

·         record attendance at regular and/or special meetings;

 

·         Shall perform the duties of President in the event of the absence, disability or disqualification of the President; 

 

·         prepare and assure publication of meeting dates,  times and places. 

 

Section 5 - Duties of the Vice President of Membership

 

The Vice President of Membership shall

 

·         serve for a minimum of one (1) year;

 

·         review all applications for membership;

 

·         maintain membership database;

 

·         publish membership roster to members;

 

·         update ACA website and check e-mail weekly;

 

·         shall perform such other duties as may be assigned from time to time by the President or the Board of Directors.

 

Section 6 - Duties of the Treasurer

 

The Treasurer shall

·         serve for a minimum of two (2) years;

 

·         attend all meetings of the Board of Directors and membership;

 

·         collect dues for new and existing members and forward information to Vice President of Membership & Public Relations;

 

·         shall be responsible for the receipt of all funds paid to the Association and for deposit of these funds in a banking institution designated by the Board of Directors;

 

·         shall disburse funds of the Association through checks signed in a manner designated by the Board of Directors for expenditures approved by Officers or others having the authority granted by the Board of Directors to make such approvals;

 

·         shall keep books of account and shall report on the financial status of the Association in the manner and frequency designated by the Board of Directors;

 

·         shall furnish, if required by the Board of Directors, a surety bond, at the expense of the Association, in such amount as the Board of Directors may specify;

 

·         shall perform generally all duties as may be assigned from time to time by the President or the Board of Directors;

 

·         shall ensure a minimum balance of $500 is maintained in the checking account; 

 

·         secure two signatures for transfer of funds from Stephens Money Market Account to checking account.  These signatures will be any two of the following:  President, VP of Programs or Treasurer;

 

·         shall request board approval for any single transfer of funds over $500 or transfers that total in aggregate more than $1,000 within a 30 day period.

 

If the Treasurer is temporarily unable or unwilling to act, a member of the Board of Directors designated by the Board of Directors shall act in the capacity of Treasurer.

 

Section 7 - Duties of the Secretary

 

The Secretary shall

 

·         serve for a minimum of two (2) years;

 

·         attend all meetings of the Board of Directors and meetings of the membership and shall record the proceedings of such meetings;

 

·         shall be responsible for keeping and maintaining all corporate records, documents and papers;

 

·         shall act as historian and parliamentarian for the Association;

 

·         shall perform generally all duties usually incident to the office of Secretary;

 

·         shall perform generally all duties as may be assigned from time to time by the President or the Board of Directors. 

 

If the Secretary is temporarily unable or unwilling to act at any meeting of the Board of Directors or the membership, a Secretary Pro Tempore for the meeting shall be selected by the presiding officer.

 

Section 8 - Duties of the General Director

 

The General Director shall

 

·         serve for a minimum of two (2) year;

 

·         shall be primarily concerned with representing the membership of the Association and shall assist the Officers and Directors as needed;

 

·         shall perform the duties of President in the event of the absence, disability or disqualification of the President and Vice President of Programs; 

 

·         shall serve as Chair for the nominating committee;

 

·         shall serve as counsel, advisor and ex officio member of all standing and special committees;

 

·         audit committee

 

·         shall perform such other duties as may be assigned from time to time by the President or the Board of Directors.

 

Section 9 - Duties of the Director of Association Services

 

The Director of Association Services shall

 

·         serve for a minimum of one (1) year;

 

·         shall serve as chair of the Survey Committee and/or facilitator for various surveys as authorized by the Board of Directors;

 

·         shall perform such other duties as may be assigned from time to time by the President or the Board of Directors.

 

 

 

 

 

Section 10 - Term of Office

 

The terms are as follows:

President                                                                     1 year

Vice President of Programs                                       1 year

Secretary                                                                    2 years

Treasurer                                                                    2 years

General Director                                                         2 years

Director of Associate Services                                   1 year

Vice President of Membership                                    1 year

 

Section 11 - Vacancies

 

In the event of a vacancy in any Officer position or in any elected Directorship, the Board of Directors may fill, by appointment, such vacancy for the unexpired term of the office.

 

Section 12 - Meetings

 

The Board of Directors shall prescribe by resolution the conditions for meetings of the Board of Directors.

 

Section 13 - Quorum