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BYLAWS
MONTANA SCHOOL COUNSELOR ASSOCIATION
ARTICLE I
NAME AND MISSION
SECTION 1.
The name of the Association shall be the Montana School Counselor Association (MSCA) a
division of the Montana Counseling Association (MCA), and a state
division of the American School Counselor Association (ASCA).
SECTION 2.
The mission of the Montana School Counselor
Association is to empower professional school counselors in the state of Montana
with the knowledge, skills, linkages, and resources to promote student success
in the school, the home, the community, and the world. MSCA is committed to
representing professional school counselors and to promoting professionalism and
ethical practices.
ARTICLE II
MEMBERSHIP
SECTION 1. Classes and Types of Membership.
This Association shall include four
classes of membership: professional,
retired, student, and affiliate.
SECTION 2. Requirements of Membership.
The following requirements must be met to qualify for the respective types of
membership.
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a. |
Professional Membership. A Professional member must hold a master's
degree or higher, or the substantial equivalent and meet one or more of
the following requirements: the member must hold a school counselor or
guidance certificate or license from Montana; be employed as a school
counselor or supervisor of school counselors; or be employed as a
counselor educator in a graduate program that prepares school
counselors. |
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b. |
Retired Members. Members in retirement shall maintain all the
privileges of Professional membership. |
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c. |
Student Membership. Student members must be engaged in a planned
program of counselor education designed to result in a degree which will
make them eligible for a certificate as a Montana school counselor. |
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d. |
Affiliate Membership. Any person who subscribes to the purposes and
ideals of the Association and who wishes to support its goals, but is not
eligible for any other type of membership. |
SECTION 3. Dues.
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a. |
Annual Association dues shall be
recommended by the Executive Board and
approved by a simple majority of the voting membership at the annual
meeting or by mail ballot thereafter. |
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b. |
Dues for Association
membership shall be paid to the treasurer on an annual basis. The
membership year shall run from October 1 through September 30. Dues
received after March 31 shall apply to the following membership year. |
SECTION 4. Rights and Privileges.
Professional, Retired, and Student Members can vote and initiate motions at
parliamentary proceedings. Professional and Retired Members shall be eligible
to hold office in the Association.
SECTION 5. Severance of Membership
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a. |
A member may be
dropped from membership for any conduct which violates principles
stated in the Bylaws or Ethical Standards of ASCA or ACA or would
result in the revocation of their certification or licensure.
Members charged with engaging in any such conduct shall be given the
opportunity to present evidence on their behalf through witnesses or
otherwise, and shall be given the opportunity to confront witnesses
against them in a hearing before the Executive Board whose decision
will be final. |
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b. |
A member shall be dropped from membership for nonpayment of dues. |
ARTICLE III
MSCA OFFICERS
SECTION 1. Officers and Terms of Office.
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a. |
The officers of the Association
shall be the President, President-Elect, Past- President, four grade level
Vice-Presidents, Secretary, and Treasurer. |
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b. |
All officers of the Association,
except the Secretary and the Treasurer, shall be elected at large from among the
eligible members of the Association. |
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c. |
The President-Elect shall
automatically become President of the Association at the meeting concluding the
President's term, or upon the death or resignation of the President. |
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d. |
The Past-President shall serve
for two years following the expiration of the President's term. |
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e. |
The Secretary and Treasurer
shall be appointed by the President, with the approval of the Executive Board,
and shall serve a concurrent term with the President who appoints them. |
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f. |
Level Vice-Presidents shall
represent three work settings: elementary, middle/junior high, high school, and
K-12. A person elected to be Vice-President should be employed as a counselor in
the work setting to be represented. |
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g. |
The term of office of any
elected officer of the MSCA shall begin October 1 and shall continue for a
period of two years or until a successor takes office. |
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h. |
An elected officer desiring to
run for more than one term in the same office must be re-elected by the general
membership of the Association. |
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i. |
An elected officer shall not
serve more than two consecutive terms in the same office unless serving the
unexpired term of a resigned or deceased officer. |
SECTION 2. Nominations and Elections of Officers
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a. |
The President-Elect shall be
elected every two years by secret ballot, distributed to and so returned by
voting members of the Association. |
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b. |
The Vice-Presidents shall be
elected every two years by secret ballot, distributed to and so returned by voting
members of the Association. |
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c. |
Only professional members and
retired members may hold office in the Association, including the ASCA Delegate
Assembly. The President and President-Elect are required to be members of ASCA
and MCA and other board members are encouraged to be. |
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d. |
During each annual meeting, the
Nominations and Elections Committee shall issue a call to all members of the
Association for nominations of officers for the coming year. Nominations must be
received by a date set by the Executive Board. |
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e. |
If any officer elect should be
unable to assume office by the beginning of the Association's fiscal year or to
complete the term of that office, the next ranking candidate on the election
return shall assume that position. The Executive Board shall have the authority
to fill any vacancy for which there are no other provisions. |
SECTION 3. Duties of Officers.
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a. |
The President shall serve as the
presiding officer of MSCA and as a member and chairperson of the Executive
Board. The President shall appoint all committees and perform such duties as are
incidental to the office, or as directed by the Executive Board. |
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b. |
The President-Elect shall
perform duties as directed by the Executive Board. The President-Elect shall
preside in the President's absence. In the event that the President should not
complete his/her fall term for any reason, the President-Elect shall succeed to
the unexpired remainder thereof and continue through his/her term. The
President-Elect shall also chair the Bylaws and Ethics Committee. |
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c. |
The immediate Past President
shall serve as advisor of the officers of the Association, serve as chair of the
Nominations and Elections Committee and perform other duties as directed by the
Executive Board. |
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d. |
The Vice-Presidents of the
Association shall be responsible for generating interest and activities within
their respective work settings. They shall also perform other duties as directed
by the Executive Board, including informing the membership about counseling
issues. |
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e. |
The Secretary, an appointed
member of the Executive Board, shall keep the records of all meetings of the
Association as well as the minutes of the Executive Board, assist in conducting
the official correspondence of the Association, and shall perform such other
duties as are incidental to this office. |
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f. |
The Treasurer, an appointed
member of the Executive Board, shall collect the dues of the Association, shall
review and validate monthly statements, shall pay normal operating expenses of
the Association with the approval of the
Executive Board, shall report the
condition of the treasury to the
Executive Board and to the membership at the
Association's meetings, and perform such duties as directed by the
Executive
Board. Payment of unusual expenses shall be approved by the
Executive Board. |
SECTION 4. Vacancies.
Vacancies
that occur shall be filled by appointment of the President, subject to majority
approval by the
Executive Board. Such appointments shall terminate when the
office is filled at the next election of the Association.
SECTION 5. Removal from Office.
An elected officer or member of the Executive
Board may be removed from office, for cause, by a two-thirds majority vote of
the Executive Board.
SECTION 6. Compensation and Expenses of Officers.
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a. |
None of the elected officers of
the Association shall receive any compensation for their services. |
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b. |
The necessary expenses of the
elected officers shall be paid from the funds of the Association by specific
authorization of the Executive Board, within the limits of financial resources
and prudent planning. |
ARTICLE IV
EXECUTIVE BOARD
SECTION 1. Composition, Nominations, and Elections of the Executive Board.
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a. |
The Executive Board
shall be composed of the MSCA President, President-Elect,
Past-President, Secretary, Treasurer, and four elected level
Vice-Presidents. The President may appoint non-voting advisory
members to the board. |
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b. |
If a member leaves
the Executive Board during his/her term of office other than during
the election period, the President, with the approval of the
Executive Board, shall appoint a replacement to serve for the
remainder of the unexpired term. That replacement may be elected to
serve a full term. |
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c. |
Nominations for open
positions shall be solicited from the membership by the Nominations
and elections committee chaired by the Past-president. |
SECTION 2. Powers and Functions.
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a. |
The Executive Board
shall conduct the business affairs and executive functions of the
Association, but shall not take any action contrary to decisions or
policies adopted by the Association. |
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b. |
The Executive Board
shall have the power to establish regulations and membership forms
for determining whether applicants for membership meet the
requirements for membership as specified by the Bylaws. |
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c. |
The Executive Board
shall conduct, manage, and control the business of the Association
between its official meetings. |
SECTION 3. Meetings.
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a. |
The Executive Board
shall meet at the time and place of the annual conference and at
such other times which may be designated by either the President or
a majority of voting members of the Executive Board. |
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b. |
A majority of the
members of the Executive Board shall constitute a quorum. |
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c. |
In the intervals
between annual or special meetings of the Association, the Executive
Board shall take such action as is necessary for the conduct of the
Association's affairs. |
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d. |
The expenses of
members of the Executive Board attending meetings of the Executive
Board other than those held at the annual conference, may be paid
for from Association funds, within the limits of prudent financial
planning. |
ARTICLE V
ANNUAL MEETING
SECTION 1. Composition of the Annual Meeting.
The annual business meeting shall consist of
the Executive Board and members of the Association in attendance at the meeting.
SECTION 2. Functions of the Annual Meeting.
The purpose of the annual meeting shall be to
inform the membership of the activities of the Executive Board and to present
committee reports, including the financial status of the Association.
SECTION 3. Meetings of the Association.
The Association shall hold its Annual Meeting
during the Annual Convention.
ARTICLE VI
COMMITTEES
SECTION 1. Standing and Special Committees.
With the exception of the Nominations and
Elections Committee and the Bylaws and Ethics Committee, the President, with the
approval of the Executive Board shall appoint all standing and special committee
chairpersons. Special committees shall be formed as needed and shall exist for
as long as deemed necessary by the Executive Board. Special committee chairs and
their members shall serve until the purpose of the committee is accomplished.
Committee chairs, with the exception of those officers chairing committees,
shall serve for a period of one year following appointment. All committee chairs
shall submit written annual reports at the annual association meeting.
SECTION 2. Standing Committees.
The standing committees and their purposes shall be as follows:
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a. |
Bylaws and Ethics.
Review the Bylaws of the Association annually and make
recommendations concerning revisions to the Executive Board. Review the ASCA ethical guidelines and assist the membership in understanding the ethical
standards of the profession as defined by ASCA and ACA. The committee is to be
chaired by the President-Elect of MSCA. |
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b. |
Nominations and Elections.
During the annual meeting, the Committee shall issue a call to
all members of the Association for nominations of officers for the following
year. The Committee shall determine the eligibility of and select from the
nominees for placement on the election ballot. Should an insufficient number of
nominations be submitted to fill the ballot, the Committee shall select, in
consultation with the
Executive Board, the names of qualified members consenting
to have their names placed on the election ballot. The Past President shall
chair this Committee. |
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c. |
Conference Planning Committee.
Plan and coordinate
annual training for the membership and school counselors in the state of
Montana. The chair will be appointed by the President with the approval of the
Executive Board. |
ARTICLE VII
BUSINESS AFFAIRS OF THE ASSOCIATION
SECTION 1. Fiscal Year.
The fiscal year shall be established by the
Executive Board to coincide with that of ASCA.
SECTION 2. Property of the Association.
In the event the Association should be
dissolved, none of its property shall be distributed to any of the members.
Instead, all of its property shall be transferred to such non-profit
organizations as the Executive Board shall determine to have purposes and
activities most nearly consistent with those of the Association.
ARTICLE VIII
INDEMNIFICATION
SECTION 1.
The Association shall indemnify each member of
the Executive Board as described in Articles III and IV, and each of its
officers as described in Articles III, IV, and V, for the defense of civil or
criminal actions or proceedings as hereinafter provided and, notwithstanding any
provision in these Bylaws, in a manner and to the extent permitted by applicable
law.
SECTION 2.
The Association shall indemnify each of its
directors and officers, as aforesaid, from and against any and all judgments,
fines, amounts paid in settlement, and reasonable expenses, including attorney's
fees, actually and necessarily incurred or imposed as a result of such action or
proceedings, or an appeal therein, imposed upon or asserted against him or her
by reason of being or having been such a director or officer and acting within
the scope of his or her official duties, but only when the determination shall
have been made judicially or in the manner hereinafter provided that he or she
acted in good faith for the purpose which he or she reasonably believed to be in
the best interests of the Association and, in the case of criminal action or
proceeding, in addition, had no reasonable cause to believe that his or her conduct
was unlawful. This indemnification shall be made only if the Association shall
be advised by its Executive Board acting (1) by a quorum consisting of Executive
Board members who are not parties to such section or proceedings upon a finding
that, or (2) if a quorum under (1) is not obtainable with due diligence, upon
the opinion in writing of independent legal counsel that the Executive Board or
officer has met the foregoing applicable standard of conduct. If the undergoing
determination is to be made by the Executive Board, it may rely as to all
questions of law on the advice of independent legal counsel.
SECTION 3.
Every reference herein to a member of the
Executive Board or officer of the Association shall include every member and
officer thereof or former member and officer thereof. This indemnification shall
appeal to all judgments, fines, amounts in settlement, and reasonable expenses
described above whenever arising allowable as above-stated. The right of
indemnification herein provided shall be in addition to any and all right to
which any member or officer of the Association might otherwise be entitled and
the provisions hereof shall neither impair nor adversely affect such rights.
ARTICLE IX
ADOPTION AND AMENDMENT OF BYLAWS
SECTION 1. Adoption and Amendment.
These Bylaws may be amended by majority vote of
the members present at the annual meeting or by a mail vote of a majority of
those active members replying, as provided in this section.
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a. |
An amendment shall
be proposed in writing to the Executive Board by the Bylaws
Committee or over the signatures of ten members in good standing not
less than thirty days prior to the annual meeting of the Advisory
Board. |
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b. |
Notice of the
proposed amendment(s) shall be included in the MSCA newsletter prior
to the annual meeting. |
SECTION 2. Publication.
The Bylaws of the Association shall be published in their entirety from time to time and
shall be available to any member upon request.
ARTICLE X
PARLIAMENTARY AUTHORITY
SECTION 1. Parliamentary Authority.
The parliamentary authority for the meetings of the Association shall be Robert's Rules of
Order, as from time to time amended.
Revised 1995
Revised 2004
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