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Constitution and Bylaws

THE NORTH CAROLINA DIVISION ON CAREER DEVELOPMENT AND TRANSITION OF THE COUNCIL FOR EXCEPTIONAL CHILDREN

CONSTITUTION

ARTICLE I – NAME

Section 1 The name of this non-profit organization shall be the North Carolina Division on Career Development and Transition, hereinafter referred to as NCDCDT.

Section 2 NCDCDT shall be affiliated as a subdivision of the North Carolina Federation Council for Exceptional Children, the International Council for Exceptional Children, hereinafter referred to as CEC and the National Division on Career Development and Transition of the CEC, hereinafter referred to as CEC/DCDT or DCDT.

ARTICLE II – PURPOSE

Section 1 This organization is organized exclusively for educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code.

Section 2 Notwithstanding any other provisions of these activities, the organization shall not carry on any other activities not permitted to be carried on by an organization exempt from Federal Income Tax under section 501 (c)(3) of the Internal Revenue Code.

Section 3 In the event that the dissolution of this organization should come about, after paying or adequately providing for the debts and obligations of the organization, the remaining assets shall be distributed to the Headquarters of the CEC, a non-profit corporation which has established its tax exempt status under section S01(c)(3) of the Internal Revenue Code.

Section 4 A request will be made to the Headquarters of the CEC that all assets be retained in a non-interest bearing account and made available to the NCDCDT organization should it ever be reorganized.

Section 5 Contributing all funds to a North Carolina non-profit organization or activity, the purpose of which is to serve the needs of exceptional children only after a five (5) year dissolution period has taken place.

NOTE: Under no circumstances shall any of the property or assets of the NCDCDT during the existence or upon the dissolution thereof be distributed to any officer, member, or subsidiary of this Association as payment for services rendered, except as permitted elsewhere in the Constitution and/or By-Laws. Money shall not be distributed to the President and or President-elect for educational training purposes (i.e., conference participation) without prior majority approval of the standing Executive Committee.

Section 6 The mission of the NCDCDT is to promote and support efforts to improve the quality of, and access to career development and transition services for individuals with all exceptionalities across the life span.

Section 7 The secondary purpose shall be to encourage and promote professional growth, research, legislation, information dissemination, technical assistance and interactions among CEC divisions/subdivisions and other organizations concerned with and involved in the career development of exceptional individuals.

ARTICLE III – MEMBERSHIP

Section 1 Membership is open to any person concerned with the education of persons with disabilities. Membership in NCDCDT is through membership in CEC/DCDT.

Section 2 Active members shall be entitled to all the rights and privileges of this organization.

Section 3 A minimum of 20 members of DCDT in good standing of the CEC shall be required to maintain the NCDCDT as an active subdivision.

ARTICLE IV – ADMINISTRATION

Section 1 The officers (Executive Committee) of NCDCDT shall be President, President-elect, Vice President, Treasurer, Secretary and Membership Chair and Immediate Past-President. Officers are to be members of CEC/DCDT during their term of office.

Section 2 The Executive Committee shall serve as a policy-making body and shall be responsible for carrying out the affairs of the division except those actions which rest on the membership as stated in the Constitution and By-laws of the NCDCDT.
Section 3 Regional Coordinators are to be members of CEC/DCDT during their term as coordinator.

ARTICLE V – NOMINATIONS AND ELECTIONS

Section 1 Annually there shall be a nomination committee established whose members, except the Immediate Past President (Chair), shall be nominated by the Regional Coordinators and approved/ratified by the Executive Committee. There shall be a minimum of one Regional Coordinator per region of the state.

Section 2 Annually the nominating committee, under the guidance of the Executive Committee, shall conduct an election of officers on or before July 1st. Only DCDT members shall be given the right to vote for Executive Committee officers.

Section 3 The administrative term of office shall be from July 1st to June 30th unless otherwise specified within the Constitution or By-laws.

ARTICLE VI – MEETINGS OF MEMBERSHIP

Section 1 NCDCDT shall meet a minimum of two times annually. A meeting will be held in the fall and spring of the year.

Section 2 Special Executive Committee meetings may be called by the President, or in his/her absence, by the President-elect. A minimum advance notice of seven calendar days for any special meeting shall be given to the Executive Committee members. The notice shall state the general nature of the meeting and its time and place.

Section 3 When matters of business require the action of a special committee meeting of the Executive Committee membership at a time not deemed advisable or feasible, such meeting may be held by conference call, mail, email, or fax. A method of mail balloting shall be determined by the Executive Committee for such meetings.

ARTICLE VII – PROVISION FOR THE BY LAWS AND AMENDMENTS

Section 1 The By-Laws of the NCDCDT may be amended as outlined in Section 2 below.

Section 2 The Constitution of the NCDCDT may be amended by a two-thirds vote of the NCDCDT membership present and voting at any annual business meeting provided that (a) the membership was informed of the intent to amend the Constitution in the notice of the meeting and (b) the proposed amendment was submitted to the President and reviewed by the Executive Committee at least thirty (30) days before the annual meeting.

ARTICLE VIII – PARLIAMENTARY AUTHORITY

Section 1 The rules contained in “Robert’s Parliamentary Law” and the latest edition of “Robert’s Rules of Order, Revised” shall govern the NCDCDT in all cases to which they are not inconsistent with the articles of the Constitution.

BY-LAWS

ARTICLE I – MEMBERSHIP

Section 1 NCDCDT membership is open to any member of the Council for Exceptional Children (CEC) subdivision – Division on Career Development and Transition (CEC/DCDT). Active membership entitles the member to attend all meetings of the division, to vote on all questions presented to the membership, to vote on all nominee(s) for NCDCDT office(s), to receive division newsletters and to hold office.

Section 2 The membership year of a NCDCDT individual member shall coincide with his/her CEC and CEC/DCDT membership.

Section 3 The Membership Chair of the NCDCDT will maintain accurate membership records on an annual basis.

ARTICLE II – DUES

Section 1 The NCDCDT Executive Committee shall recommend the amount of dues (if any) to be paid to the NCDCDT. The amount shall be subject to approval of a simple majority vote of NCDCDT members at the annual business meeting.

ARTICLE III – OFFICERS

Section 1 The elected Executive Committee members of NCDCDT shall be as follows: President, President-elect, Vice President, Secretary, Treasurer, Membership Chair and the Immediate Past President.

Section 2 The terms of office shall be as follows: the President, President-elect, Vice President, Secretary, Membership Chair and Immediate Past President shall each serve one year. The Treasurer shall be elected for two years. The outgoing treasurer will serve as a mentor for the incoming Treasurer for a period of one year. In the event of an extraordinary situation, the Executive Committee shall remedy that situation and notify the membership.

Section 3 In the case of a vacancy occurring in the office of President, the President-elect shall assume the office. In the case of a vacancy occurring in the office of President-elect, the Vice-President shall assume office. In the case of a vacancy occurring in the office of Vice President, or in the event that he/she succeeds the President-elect for any reason, the office of Vice President shall remain vacant until the next annual business meeting of the NCDCDT. During the interim, however, the President, with the approval of the Executive Committee shall appoint an acting Vice President until such replacement can be duly elected. In case of a vacancy occurring in the office of the Secretary or Treasurer, the President, with the approval of the Executive Committee, shall appoint a temporary replacement to serve until the next administrative year.

Section 4 The duties of the NCDCDT officers shall be as follows:

President – The President shall be the chief executive officer of the NCDCDT and call and preside at annual and special meetings of the Executive and Advisory Committees. He/she shall appoint all standing and special committee chairpersons (except those specifically provided for in the Constitution/By-laws), subject to approval by a majority of the Executive Committee, and shall be ex officio member of all committees with the exception of the Nominating Committee and the Audit Committee. This officer shall represent NCDCDT with other agencies and/or at meetings personally or through a person designated by the President. He/she will send or cause to be sent information as needed, no less than fourteen calendar days prior to such meeting. The President shall provide leadership to general policy-making and divisional activities and make an annual report of professional activities to CEC and to CEC/DCDT.

The President will be provided up to $1500 per year to attend the national CEC/DCDT conference. If there is no CEC/DCDT national conference he/she may use it to attend the national CEC conference.

President-elect – The President-elect shall serve as President in the event of resignation or absence or inability of the elected individual to serve as the President. He/she shall serve as Conference Chairperson and have such other responsibilities as designated by the President. He/she shall accede to the office of President from the position of President-elect.

Vice President – The Vice President shall serve as President-elect in the event of resignation or absence or inability of the elected individual to serve as President-elect. He/she shall serve as the Chairperson of the Constitution and By-laws Committee, the Regional Coordinators and have such other responsibilities as designated by the President. He/she shall accede to the office of President-elect from the position of Vice President.

Secretary – The Secretary shall keep accurate minutes of all general meetings of the NCDCDT, for correspondence with CEC/DCDT and of meetings of the Executive and Advisory Committee. He/she shall carry on correspondence as necessary in regard to matters as delegated by the President. This individual shall maintain the Secretary’s copy of the Minutes Book.

Treasurer – The Treasurer shall receive and distribute, upon proper authorization, all funds of NCDCDT. He/she shall keep accurate records of receipts and expenditures and present a written report at each executive committee/annual meeting. The records of the Treasurer shall be audited annually (or as designated by the Executive Committee), by an Audit Committee, specially chosen for this purpose. The Treasurer, with assistance from the President, shall draw up a proposed budget for the forthcoming year and submit it in writing to the Executive Committee and membership for approval at the annual business meeting. The Treasurer may designate, with the approval of the President, a member of the Executive Committee with the ability to write checks in specified circumstances for a specified length of time.

Membership Chair – The Membership Chair is responsible for maintaining an accurate membership list and communicating with the CEC in regards to membership. The Membership Chair will lead the Membership Committee in the development and implementation of membership activities.

Immediate Past President – The Immediate Past President shall serve as Chairperson of the Nominating and Recognition Committee and as a member of the Publications (Newsletter/Web Site) Committee. If the Immediate Past President is not able or not willing to serve in this capacity, the Executive Committee may allow the preceding Past President to serve in this capacity.

NOTE: Under no circumstances shall any of the property or assets of the NCDCDT during the existence or upon the dissolution thereof be distributed to any officer, member, or subsidiary of this Association as payment for services rendered, except as permitted elsewhere in the Constitution and/or By-Laws. Money shall not be distributed to the President and/or President-elect for educational training purposes (i.e., conference participation) without prior majority approval of the standing Executive Committee.

Section 5 The following procedures shall be followed for the recall or removal of officers.

  1. A petition for removal of a NCDCDT officer shall be signed by at least five active NCDCDT members, submitted to the President. If the President is the subject of the petition, it shall be submitted to the President-elect.
  2. The President (or President-elect) shall, within seven days, notify each Executive Committee officer in writing of the receipt of such a petition, solicit relevant evidence from all parties concerned, and call a special meeting of the Executive Committee officers and NC/DCDT members. The matter of the petition is to be considered within thirty (30) days following the receipt of the petition.
  3. At the meeting of the Executive Committee officers, an opportunity shall be made available to all interested parties to present any relevant evidence. A two-thirds majority vote of the Executive Committee officers and NCDCDT members present, providing there is a quorum of five, is necessary for the removal of the officer. Removal from office is effective immediately.
  4. The officer being considered for removal shall be provided with the results of the Executive Committee officers’ and NC/DCDT members’ present actions in writing within seven days.
  5. Upon receipt of written notification of removal, the officer concerned shall have fifteen days to submit to the President (or President-elect) a written notice of appeal.
  6. Within seven days following receipt of a valid written notice of appeal, the President (or President-elect) shall call, in writing, for the appointment and meeting of an Appeal Board (NC/DCDT members only). The Appeal Board shall meet within 30 days following receipt of notice of appeal. The President (or President-elect) shall serve as the nonvoting Chairperson of the Appeal Board. The voting members of the Appeal Board shall not be members of the Executive nor the Advisory Committees. There shall be an odd number of voting members, with a minimum of 3.
  7. The purpose of the Appeal Board is to provide an opportunity to all interested parties to present any evidence relevant to the recall or removal of officers. A two-thirds majority vote of the Appeal Board members present is necessary to overturn the officer’s decision for removal and reinstate the removed officer. Reinstatement is effective immediately.
  8. The officer whose appeal has been considered shall be provided with the results of the Appeal Board action in writing within seven days.

ARTICLE IV – COMMITTEES

Section 1 NCDCDT shall have such committees as necessary to carry out the functions of the organization.

Section 2 Except as otherwise provided by these By-laws, the chairperson of standing committees shall be appointed by the President with the approval of the Executive Committee. Committee Chairs must be NCDCDT members in good standing.

Section 3 Except as otherwise provided in these By-laws, the committee members shall be appointed by the Chairperson subject to the approval by the President or the Executive Committee.

Section 4 The Chairperson and membership of each committee shall serve a one (1) year term or a term determined and approved by the President and Executive Committee. Each standing or special committee shall have no less than two members in addition to the Chairperson.

Section 5 The standing committees and their respective duties are as follows:

  1. Nominating and Recognition Committee – This committee shall consist of at least one individual from each region and the Immediate Past President. They shall be nominated by the Regional Coordinators and subsequently ratified by the Executive Committee. This committee shall call for nominations from the membership, check nominees’ eligibility and availability to hold office, conduct an election (show of hands, paper ballot or mailed ballot), tabulate and announce the result at the annual business meeting.This committee will annually identify and prepare one or more award(s) for individual(s) or group(s) of individuals who have made unique contributions in Transition throughout the state. The Immediate Past President shall serve as Chairperson of the Committee.
  2. Conference Committee – The Conference Committee shall develop NCDCDT’s program for the NCDCDT conference(s). Along with these duties, this committee will select and recruit presenters for NCDCDT’s annual conference(s) and assist the Regional Coordinators (upon request) in the selection of presenters for regional meetings. The NCDCDT President-elect shall serve as Chairperson of the committee. The Executive Committee may, upon the recommendation of the Conference Committee, contract with an individual to coordinate some or all aspects of planning and running this/these conference(s). This individual may or may not be a member of NCDCDT and/or the Executive Committee.
  3. Membership Committee – This committee shall organize and direct the recruitment of members for NCDCDT. The committee shall formulate a membership promotion plan for approval by the Executive Committee. A current list of membership shall be maintained and made available to the Executive Committee. The Membership Chair shall serve as the committee chairperson.
  4. Marketing Committee – This committee shall publish a division newsletter at least twice annually, to be distributed to each individual member. The committee will provide information updates for the NCDCDT Web Site, or may develop and disseminate pamphlets, brochures, or other materials deemed effective in the recruitment of NCDCDT members, all subject to approval by the Executive Committee. The Executive Committee will elect the Chairperson.
  5. Audit Committee – The committee will assume the responsibility of conducting an annual audit/review of the financial records managed by the NCDCDT Treasurer or more often if requested by the Executive Committee. The Executive Committee shall appoint a chair for this committee. The Audit Committee Chair shall recruit /recommend four individuals to the Executive Committee for their approval.
  6. Advisory Committee (Board) – The Board will consist of the Executive Committee, the Regional Coordinators, Committee Chairs, Student Representation, Parent Representative, and North Carolina Department of Public Instruction Representative and others as deemed necessary by the Executive Committee. The Board will act as advisors to the Executive Committee. The members of the Board that are not a member of the Executive Committee shall have voice but no vote.

ARTICLE V – OTHER COMMITTEE MEMBERS NOT DEFINED ELSEWHERE

Section 1 Regional Coordinators – The twelve (3 per region) Regional Coordinators will coordinate the four regional meetings held annually throughout North Carolina. They will also disseminate information to their region as requested by the Executive Committee. The Executive Committee shall appoint yearly each Regional Coordinator by a two-thirds majority vote of the committee members present. The Vice President will serve as the Chairperson of this committee. Regional Coordinators must attend at least one Advisory Committee Meeting per year.

Section 2 Student Representative – This Advisory Committee member shall serve as liaison representative to student organizations of CEC and CEC/DCDT and make reports and recommendations to the Advisory Committee on important matters that relate to student involvement and needs. This member should attend at least one Advisory Committee meeting and have such other responsibilities as designated by the President.

Section 3 Parent Representative – This Advisory Committee member shall serve as liaison representative to parent organizations of CEC and CEC/DCDT and parent organizations found within North Carolina, make reports and recommendations to the Advisory Committee on important matters that relate to parental involvement and needs. This member should serve on at least one committee and have such other responsibilities as designated by the President.

Section 4 North Carolina Department of Public Instruction Representative – This Advisory Committee member shall serve as liaison between the Department of Public Instruction and NCDCDT.

ARTICLE VI – EXECUTIVE COMMITTEE RESPONSIBILITIES

Section 1 The Executive Committee shall meet no less than twice annually to conduct business. The President shall call these meetings. In the absence of the President, the President-elect shall assume this responsibility.

Section 2 The Executive Committee shall:

  1. Formulate and carry out the objectives, activities, and administrative policies of the NCDCDT.
  2. Conduct all appropriate executive business of NCDCDT.
  3. Review and recommend the annual budget to the active NCDCDT membership.
  4. Conduct an annual internal audit of divisional funds.
  5. Review and act upon the reports of all committees.
  6. Review and approve the appointments to the various committees and vacancies filled by the President.
  7. Propose resolutions and other policy statements to the NCDCDT membership.
  8. Annually review the Constitution and By-laws of the organization.
  9. Call for an external audit of divisional funds every two years.

 

Section 3 A quorum of the Executive Committee shall consist of five members.

NCDCDT Constitution and Bylaws

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