UATA Bylaws
ARTICLE I
NAME, PURPOSE AND GEOGRAPHIC JURISDICTION
Section 1. The name of this CHAPTER shall be the Utah Art Therapy Association. It is a non-profit entity, organized under the laws of an Affiliate CHAPTER of the American Art Therapy Association, herein referred to as AATA or the Association.
Section 2. The purpose of this CHAPTER shall be:
to bring together professional art therapists, art therapy students, and those who support the professional practice of art therapy in the state of Utah. We are committed to supporting the highest professional practice and legal recognition of art therapists.
Section 3. The geographical jurisdiction of this CHAPTER includes the state of Utah.
ARTICLE II
MEMBERSHIP 1
Section 1. Qualifications, Classification and Privileges.
The CHAPTER membership is open to all members of the Association and shall correspond to Association membership categories, which categories currently consist of: Credentialed Professional, Professional, Honorary Life, Associate, Student and Retired. All CHAPTER members will be eligible to vote. All CHAPTER members (except students) will be able to hold office in this CHAPTER. Student CHAPTER members shall be able to hold office on the student committee.
Section 2. Application for CHAPTER Membership.
Application for membership shall be in accord with procedures established by the Association Board of Directors.
Section 3. CHAPTER Membership Dues.
Membership dues shall be established by the Executive Board of CHAPTER and shall be due on March 1 of each year. CHAPTER membership dues American Art Therapy Association – Chapter Manual 2011-2012 shall not exceed the dues of the American Art Therapy Association.
Section 4. Termination of CHAPTER Membership.
A. Members failing to pay CHAPTER dues sixty (60) days from March 1 of each year shall automatically forfeit their membership in this CHAPTER as of the sixty-first (61st) day. Individuals who have forfeited CHAPTER membership because of non-payment of dues may be reinstated in accordance with policies established by the CHAPTER Executive Board and shall be required to pay an additional reinstatement fee established by the CHAPTER Executive Board.
B. Members who have had their membership with the Association terminated for any reason shall immediately have their membership in the CHAPTER terminated. Upon reinstatement in the Association, the CHAPTER’s Executive Board may grant reinstatement in the CHAPTER.
C. The Executive Board may, by a two-thirds (2/3) vote of the entire Executive Board membership, suspend or expel any members of CHAPTER for violation of these bylaws, and rules, procedures and policies established by CHAPTER. Before such action is taken by the Executive Board, written notice shall be sent to the member not less than thirty (30) days prior to the meeting of the Executive Board at which time the matter is to be considered. Said individual shall be entitled to a hearing before Executive Board before any decision is rendered.
Section 5: Fiscal Year. The fiscal year of the CHAPTER shall be January 1 through December 31. In the event that the fiscal year of AATA shall be other than January 1st through December 31st, this CHAPTER’s fiscal year shall be amended to correspond with the Association’s fiscal year.
ARTICLE III
OFFICERS 2
Section 1 The officers of this CHAPTER shall be:
President, Vice President, Corresponding Secretary, Recording Secretary, Treasurer, Delegate and Alternate Delegate to the Assembly of CHAPTERs. These officers shall constitute the Executive Board of CHAPTER.
Section 2: Qualifications for Officers.
Individuals who are Professional Members of CHAPTER shall be eligible to hold office in the CHAPTER. Student Members shall be eligible to hold office on Student Committee. Under parliamentary law, you need only two (2) officers, i.e., President and Secretary. If incorporated, you will need to have a minimum of officers stated in your articles of incorporation. This varies from state to state from 3 – 5 minimum.
Section 3. Term of Office.
A. Officers shall serve for a two (2) year term. If no successor has been elected to take office at the completion of this term, the current officer may serve until a successor has been elected.
B. The term of office shall commence on January 1 for the elected two (2) years.
C. No elected official may serve more that two (2) consecutive terms in the same office.
Section 4. Nominating and Election of Officers.
A. Voting members shall elect the officers by mail or electronic ballot.
B. The nominating committee shall prepare and submit the ballot to the membership by mail with at least one (1) nominee for each elected office. As per the Association, terms of office may be staggered by electing some officers in even numbered years and some in odd numbered years. Every nominee must give written consent prior to placing his or her name in nomination. Voting members may vote for such nominees as appear on the ballot, or may write in a nominee of their own choosing.
C. In the event of a tie, the Executive Board shall elect such officer from amongst those individuals receiving the vote. If the Executive Board does not break the tie, then the tie shall be broken by drawing lots.
D. Ballots shall be mailed during the month of September and must be returned [postmarked] within thirty (30) days of mailing date.
Section 5. Duties of Officers.
Officers shall perform those duties prescribed by the Executive Board of CHAPTER and the parliamentary authority adopted by the CHAPTER, manage the business of the CHAPTER between meetings of the CHAPTER and perform those additional duties prescribed from time to time by the members.
Section 6. Vacancies
a) A vacancy in the office of the President shall be filled for the unexpired term by the Vice President. (This provision as drafted is for CHAPTERS, which do not have a President- Elect. For any CHAPTER having a President-Elect vacancies can be filled by President- Elect.)
b) CHAPTERs which include the office of President-Elect may choose to stagger terms of office by electing some officers in even numbered years and some in odd years. If so, state explicitly, which will be elected in even numbered years and which will be elected in odd years.
c) CHAPTERs may choose to hold the elections at the annual meeting.
d) The restrictions on number of consecutive terms may vary in accordance with the association’s needs.
e) Specific dates of election may be varied to suit association’s needs.
f) In the event that the Vice President shall succeed to the office of President, a successor Vice President may be appointed pursuant to Section 6. C. hereof.
g) Should there be a vacancy in any officer positions, the Board may vote to hold a special election. Otherwise, vacancies may be filled by appointment of the President with approval by at least two (2) other members of the Executive Board. To the extent that there are less than two (2) remaining members of the Executive Board, then such approval shall be by unanimous cote. Officers thus appointed will serve until the next regular election. If no action is taken by the Board or President, the officer position shall remain vacant until the next election.
Section 7. Removal from Office. Any officer may be removed, without cause, from office at any time by mail ballot, regular meeting, and/or special meeting by a two-thirds (2/3) vote of the CHAPTER membership. Any officer may be removed, with cause, from office at any time by mail ballot, regular ballot, and special meeting by a vote of five (5) members of the Executive Board, excluding such officers as are the subject of such vote. To the extent that there are less than five (5) members of the Executive Board after excluding such officers as are the subject of the vote, then such removal shall be by the unanimous vote of the remaining members of the Executive Board.
ARTICLE IV
MEETINGS OF THE MEMBERSHIP
Section 1. Annual Meetings of the CHAPTER shall be held each year at such date, time and place as it is mutually agreed to by the Executive Board of CHAPTER.
Section 2. At the Annual Meeting the following will be presented: reports of officers, bylaws amendments, and any other business that comes before the CHAPTER.
Section 3. Special meetings of the CHAPTER may also be called by the President, a majority of the Executive Board, or more than fifty (50%) percent of the membership of the CHAPTER.
Section 4. Notification of all meetings shall be sent to the membership no less than thirty (30) days prior to the meeting.
Section 5. Quorum: Those voting members are present at a meeting shall constitute a quorum.
Section 6. Minutes of Meetings of the Membership shall be made available to all Chapter Members.
ARTICLE V
EXECUTIVE BOARD
Section 1. The Executive Board shall consist of the elected CHAPTER officers.
Section 2. The Executive Board shall be responsible for the management of the affairs or the CHAPTER and shall perform those additional duties enumerated in these bylaws and shall perform those duties required by law and as shall be assigned by the membership from time to time.
Section 3. Meetings of the Executive Board.
A. Regular and special meetings of the Executive Board shall be called by the President or by a majority of the Executive Board.
B. Notification of all meetings of the Board shall be given each board member at least 14 days prior to the meeting.
C. A quorum for all meetings of the Executive Board shall be a majority of the members of the Executive Board.
D. Attendance at any meeting may be in person, by proxy, or by telephone communication.
E. The Executive Board may take any action without a meeting if such action is in writing signed by all if the members of the Executive Board.
F. Minutes of Meetings of the Executive Board shall be made available to all Chapter Members.
ARTICLE VI
COMMITTEES
Section 1. Unless specified otherwise in these bylaws, all standing and special committees shall be determined by the President and approved by the Executive Board. In establishing any committee, the composition, powers, term and duties shall also be designated.
Section 2. The President shall be an ex-officio member of all committees except the nominating committee.
Section 3. Nominating Committee.
A. Nominating Committee shall consist of three (3) members of the Association of whom no more than two (2), but at least one (1) must be a member of the Executive Board and are appointed by the Executive Board.
B. Nominating Committee will serve from the date appointed until the election results for the current election are announced.
C. The Nominating Committee will be charged with the task of inviting recommendations for nominees for each elective office to be filled.
D. All rules and procedures for the election process not enumerated in these bylaws shall be recommended by the Nominating Committee and approved by the Executive Board.
Section 4. Meetings of Committees.
A. Regular and special meetings of the Committees shall be called by the
President or by a majority of the Committees.
B. Notification of all meetings of the Committees shall be given each committee member at least 14 days prior to the meeting.
C. A quorum for all meetings of the Committees shall be a majority of the members of the Committees.
D. Attendance at any meeting may be in person, by proxy, or by telephone communication.
E. The Committee President may take any action without a meeting if such action is in writing signed by all of the members of the Committee.
F. Minutes of Meetings of the Committees shall be made available to all Chapter Members.
ARTICLE VII
PARLIAMENTARY AUTHORITY
The parliamentary writings of General Henry M. Roberts, Roberts Rules of Order, most recently revised, govern the CHAPTER in all cases not covered by these bylaws or the CHAPTER’s organizing document, as amended.
ARTICLE VIII
AMENDMENTS
Section 1. Amendments to these bylaws may be proposed in writing by any two (2) voting members, which shall be considered, put in proper form, and approved as to form by the Executive Board. The proposed amendment shall then be submitted to the voting members for approval.
Section 2. Proposed amendments shall be submitted to the voting membership at least thirty (30) days in advance of the deadline for receiving ballots.
Section 3. A majority of the vote of the members voting shall be required to adopt any proposed bylaws amendment.
Section 4. Once approved by the voting membership, any bylaws amendment must be approved by the Association before it becomes effective. The Association shall have the power to approve.
Section 5. No amendment shall be made to these bylaws which would interfere with or terminate CHAPTER or the Association’s status as a charitable organization pursuant to Section 501 © (3) of the Internal Revenue Code of 1986 (or the corresponding provisions of any future United Stated Internal Revenue Law).
ARTICLE IX
INDEMNIFICATION
The Association shall indemnify all Officers for expenses incurred with the defense or settlement of any claim against such person by reason of service as an Officer, unless a judgment or adjudication shall establish that such claim arose or resulted from any dishonest, fraudulent, criminal, malicious or knowingly wrongful act, error or omission of such person.
DISSOLUTION
CHAPTER is not organized for pecuniary profit, nor shall it have any power to issue certificates of stock or declare dividends, and no part of its net earnings shall inure to the benefit of any member, director, trustee, or individual, The balance, if any, of all money received by CHAPTER from its operation, after payment in full of all debts and obligation of whatsoever kind and nature, shall be used and distributed exclusively for carrying out only the purpose or purposes of CHAPTER, particularly set forth herein above. In the event of the dissolution of CHAPTER, or in the event it shall cease to carry out the objects and purposes herein set forth, all the business, property and asset of the CHAPTER shall be distributed to the Association provided that it is stall a qualified non-profit organization pursuant to Section 501 © (3), otherwise to an organization or organizations of like purpose or purposes as set forth herein, and which possesses similar or like exemptions, pursuant to Section 501 © (3) of the Internal Revenue Code on 1986 (or the corresponding provisions of any future United States Internal Revenue Law); as the trustees of these organizations may select and designate; and in no event shall any of said assets or property, in the event of dissolution thereof, go or be distributed to members, either for the reimbursements of any sums subscribed, donated, or contributed by such members, or for any other purposes.
