ArkAAA Bylaws

CONSTITUTION AND BYLAWS OF THE ARKANSAS ASSOCIATION OF ADMINISTRATIVE ADJUDICATORS (As Amended and Approved—April 09, 2004)

PREAMBLE

WHEREAS during recent years there has been a steady growth in the field of administrative law affecting the everyday affairs of a large segment of the population of the State of Arkansas; and

WHEREAS this field involves many important functions, judicial in character, including, among others: The establishment of tribunals to afford fair procedure and administrative hearings to interested and contesting parties; the conduct of impartial administrative hearings; the control of the introduction of evidence; the maintenance of judicial decorum; and the preparation and issuance of written decisions, judicial in character; and WHEREAS these functions involve important decisions and precedents affecting, among other things, important human rights, property and contract rights, tax liability, and social and economic security;

NOW THEREFORE, we, who are members of the profession charged with the duties and responsibilities of exercising these judicial functions, do hereby join together and associate ourselves for the purpose of maintaining the highest professional standards and advocating improvements in the field of administrative law.

ARTICLE I NAME, OBJECTIVES AND BASIC POLICIES

Section 1. Name.

The name of this organization shall be the Arkansas Association of Administrative Adjudicators (ArkAAA), hereinafter referred to as the Association. The Association is a not-for-profit corporation organized under the laws of the State of Arkansas and shall be affiliated as a chapter of the National Association of Administrative Law Judges.

Section 2. Objectives.

To foster, advocate and advance the broad purposes outlined in the Preamble, the Association will provide a common meeting ground where those persons charged with the performance of judicial functions in administrative law may:

Participate in actively seeking attainment of professional standards which will promote professionalism and integrity in administrative law, and, in the interests of justice, result in the greatest service to the public;
Sponsor meetings and conferences where ideas, opinions, information and materials are exchanged to advance the continuing education of members;
As a forum exchange ideas and opinions as well as invite recognized authorities in this field to appear and share their views with the members;
Study, advance, and recommend improved operating procedures, techniques and technologies to better serve the public;
Provide training to develop member skills and techniques in conducting fair and impartial hearings;
Keep members apprised of recent case decisions, legislation, and developments affecting administrative law; (g) Interact with the public to discuss and explain the administrative law process;
Furnish and exchange information among members and governmental agencies;
Promote a rapport with the judiciary, legal community, and other professions;
Cooperate with other judicial, quasi-judicial, legal societies or associations in this or any other state to address problems of mutual interest and concern;
Establish a code of ethics;
Obtain information and study materials for the continuing education of members of the Association and to present programs which would qualify for educational credit by the Arkansas Bar Association as part of any authorized continuing legal education program and;
Engage in such other activities as may be deemed necessary and proper to further the objectives of the Association.

Section 3. Basic Policies and Limitations

The following are the basic policies of the Association:

The Association shall neither have nor exercise any power nor shall it engage directly or indirectly in any activity that would invalidate its status: (1) as a corporation which is exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1954 as amended, or (2) as a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code as amended.
The name of the Association or the names of any members in their official capacity shall not be used in connection with a commercial concern or with any partisan interest or for any purpose not appropriately related to the promotion of the purposes and objectives of the Association.
No part of the net earnings of the Association shall inure to the benefit of or be distributed to its members, directors, officers, or other private persons, except that the Association shall be empowered to pay reasonable compensation for services rendered and to make payment and distribution in furtherance of the purposes set forth herein.
No substantial part of the activities of the Association shall consist of carrying on of propaganda, or otherwise attempting to influence legislation (except to the extent authorized by Section 501(i) of the Internal Revenue Code of 1954, as amended) during any fiscal year or years in which the Association has 3 chosen to utilize the benefits authorized by the statutory provision, nor shall it in any manner to any extent participate in, or intervene in (including the publishing or distributing of statements) any political campaign on the behalf of any candidate for public office; nor shall the Association engage in any activities that are unlawful under applicable federal, state or local laws.
The Association shall be strictly non-partisan. No action or representation shall be made by the general membership, the Board of Governors, the officers in their official capacity, or the committees which relate to the political advancement of any individual or group of individuals. Nothing herein shall prohibit the association from commenting on the qualifications of the individuals seeking judicial appointment or election.
No member shall publish any recommendations that imply the endorsement of such recommendation by the Association unless duly approved by a majority of the membership of the association.
Upon the dissolution of the Association of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by a Circuit Court of competent jurisdiction of the county in which the principal office of the Association is located, as said court shall determine which are organized and operated exclusively for such purpose.

ARTICLE II MEMBERSHIP

Section 1. Eligibility

Active Membership Persons gainfully employed, appointed or retained by governmental agencies located in Arkansas, who are empowered to preside over statutory fact-finding hearings or administrative proceedings arising within, among or before public agencies or who are empowered to prepare decisions for a higher tribunal, are eligible for active membership.
Associate Membership The Board of Governors may grant Associate membership to those persons not eligible for active membership. Associate members shall pay such percentage of the assessed annual dues as is set by a majority vote of the Board of Governors of the active members.
Honorary Membership Honorary membership may be conferred by a majority vote of the Board of Governors or of the membership voting thereon to those persons who have rendered outstanding service in administrative law or related fields.
Associate and honorary members shall not be eligible to vote or hold elective office.

Section 2. Acquiring Membership

Methods of acquiring active membership in the Association are: (a) By individual application, or 4 (b) By nomination of an active member, and (c) By payment of dues.

Section 3. Membership in National Association

All active members of the Association shall be members of the National Association of Administrative Law Judges.

Section 4. Termination of Membership Active

Membership in this Association shall be terminated for any of the following reasons:

Resignation or permanent separation from qualifying employment or office;
Failure to pay dues;
Expulsion for cause upon majority vote of the Board of Governors or by the active membership voting at an annual or special meeting

ARTICLE III DUES

Section 1. Due Annually

The fiscal year of the Association shall be the twelve-month period beginning July 1, of each year. Membership dues shall be paid to the Association in the amount fixed by the majority vote of the membership and shall be due and payable on July 1 of each year. Any changes in dues shall be made before the beginning of each fiscal year at the annual meeting. Dues not paid within sixty days after the beginning of each fiscal year are delinquent.

Section 2. New Members

An individual becoming a new active member of the Association prior to January 1 of the fiscal year shall pay a full year’s membership dues. An individual becoming a new active member on or subsequent to January 1 of the fiscal year shall pay dues for the remainder of the fiscal year in the amount of one-half (1/2) of the annual dues.

Section 3. Forfeiture of Rights

Members of the Association whose annual dues are delinquent shall forfeit all rights of membership and membership for any purpose shall terminate.

Section 4. Reinstatement

Membership forfeited for failure to pay dues may be reinstated at any time upon the payment of the delinquent dues.

ARTICLE IV GENERAL MEMBERSHIP AND MEMBERSHIP MEETINGS

Section 1. Government

The Association shall be governed by a majority vote of the active members present and voting as expressed by actions taken in: (1) The annual meeting of the membership; or (2) Special meetings of the membership
Any active member at the Association in good standing shall be entitled to vote in any membership meeting.

Section 2. Membership Meetings

The annual membership meeting shall be held before the end of each fiscal year at a time and location to be determined by the Board of Governors. At least one tenth (1\10) of the active members must be present to constitute a quorum. Special meetings may be held as directed by the Board of Governors provided that at least one tenth (1\10) of the active members and three of the five officers are present.
At least 30 days notice shall be given of the annual or special meetings.
All meetings shall be governed according to Roberts’ Rules of Order, except as otherwise established by the Constitution and Bylaws of this Association.

ARTICLE V BOARD OF GOVERNORS

Section 1. Composition

The Board of Governors shall consist of the elected officers of the Association and the immediate past president. The term "Board of Governors" shall be deemed synonymous with and as referring to the term "Board of Directors" as used in any applicable statutes.

Section 2. Replacement of Members

Whenever a member of the Board of Governors vacates a office, the remaining members shall have the power and duty to appoint a substitute for the remaining portion of the term.

Section 3. General Administration

The administration of the affairs of the Association shall be vested in the Board of Governors, which shall carry out any and all authorized recommendations and instructions emanating from the membership. It shall give special attention to the executive detail to the end that the general policies of the Association as provided in the Constitution and Bylaws may have power and effect.

Section 4. Meetings

The Board of Governors shall meet at least semi-annually, provided one such meeting is held no later than one month preceding the annual membership meeting. Special meetings may be called by the President or by any three members of the Board of Governors upon reasonable notice to all members of the Board. Any meetings shall be at the time and place designated by the President or by at least three members of the Board if the meeting is not called by the President. A majority of the Board of Governors shall constitute a quorum for the transaction of business.

Section 5. Scope of Authority

The Board of Governors shall have general charge of the affairs of the Association and may delegate such powers and take such action as they may deem appropriate, and which are not in conflict with the Constitution and Bylaws.

ARTICLE VI OFFICERS

Section 1. General.

The officers of this Association shall be the President, the President-elect, the Vice President, the Secretary, Parliamentarian, Historian, and the Treasurer. Officers must be active members of the Association in good standing.

Section 2. Election

The officers shall be elected by the active membership at large by an absolute majority vote (51% of the members present and voting) at the annual meeting and shall be installed in office at the conclusion of the annual meeting. All elections shall be by secret written ballot.
Officers shall hold office for one year or until their successors are elected and installed. Except for the President and President-elect, all officers may succeed themselves.
Where no candidate for an office has received an absolute majority on the first ballot in such an election, the two candidates having the highest number of votes shall be considered in a further ballot by the membership, and the candidate having the highest number of votes on the second ballot shall be declared elected.

Section 3. Duties of the President

The President shall be the executive officer of the Association. The President may call meetings of the Board of Governors and all regular and special committees. The President shall chair all membership and Board of Governors meetings of the Association.
It is the duty of the President to appoint the members and designate chairpersons of all standing committees of the Association. The President may also appoint and dissolve for cause special committees, subject to the approval of the Board of Governors. Such chairpersons and members of committees appointed by the President shall serve until replaced by the President.
In the absence of a chairperson of any of the committees, or in the event of disability of such chairperson, the President shall designate a member thereof to act temporarily.
The President shall render an annual report to the annual meeting and may submit such recommendations as are deemed necessary.
The President shall perform all duties that pertain to the office and such other duties as may from time to time be prescribed by the Board of Governors.

Section 4. Duties of the President-elect

The President-elect shall perform such duties as assigned by the President, and shall serve as acting President in the event the President is unable to perform the duties of the office.
The President-elect shall be the next succeeding President of the Association.

Section 5. Duties of the Vice President

If the President and President-elect are unable to perform the duties of the office of the President, the Vice President shall serve as acting President.
The Vice President shall perform such duties as assigned by the President consistent with the objectives of this Association and shall serve as head of the Education Committee.

Section 6. Duties of the Secretary

The Secretary shall be responsible for keeping a correct record of the Association and of the annual convention and special meetings of the membership.
The Secretary shall be custodian of the records of the Association and shall be responsible for answering all general correspondence directed to the Association. The Secretary shall maintain and distribute as directed by the Board of Governors all records, books, pamphlets, tapes, and other material acquired by the Association for dissemination to its chapters, members, or affiliated organizations.
The Secretary shall prepare the minutes of each meeting of the Board of Governors and shall prepare and serve within thirty days after each meeting a copy of said minutes upon each member of the Board of Governors. Copies of the minutes of any Association meeting shall be available to members upon request.
The Secretary shall perform other duties assigned by the President consistent with the objectives of the Association.

Section 7. Duties of the Treasurer

The Treasurer shall be responsible for issuing invoices for membership dues and the collection of dues for the Association; for establishing a bank account or accounts in the name of the Association and for paying all bills and expenses of the Association. The Treasurer shall submit to the President or the Board of Governors regular statements of the condition of the treasury. The Treasurer shall be responsible for keeping all fiscal accounts, records, and books of the Association and shall act as official custodian of all monies and property belonging to the Association. The Board of Governors, at its discretion, may require the Treasurer to be bonded.
The Treasurer shall submit a statement of the financial condition of the Association to the annual convention and at such other times as requested by the President or the Board of Governors.
The Treasurer shall certify as to the good standing of members at the convention.

Section 8: Duties of the Parliamentarian

The Parliamentarian shall be responsible for making certain the Association’s By-Laws and Constitution are complied with during meetings and other official functions.
The Parliamentarian shall be responsible for making certain the Association complies with the By- Laws and Constitution of the National Association of Administrative Law Judges (NAALJ).
The Parliamentarian shall be the custodian of the Association’s By-Laws, Constitution, and Articles of Incorporation.

Section 9: Duties of the Historian

The Historian shall be responsible for preserving the Association’s events either in a digital, video, or photographic paper format.
The historian shall present the historical records from the previous fiscal year for membership viewing at least one time during the current fiscal year.

ARTICLE VII. CONTRACTS, LOANS, CHECKS AND DEPOSITS

Section 1. Signatures

All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Association shall be signed by the Treasurer and one other officer, or in the absence or disability of the Treasurer, by the President-elect.

Section 2. Contracts

The Association or Board of Governors may authorize any officer or agent to enter into any contract or execute and deliver any instruments in the name of and on behalf of the Association and such authority may be general or confined to specific instances.

Section 3. Loans

No loans shall be contracted on the behalf of the Association, and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Association. Such authority may be general or confined to specific instances.

Section 4. Deposits

All funds of the Association not otherwise employed shall be deposited within five (5) working days of receipt of funds in such banks, trust companies, or other depositories as the Association may select.

Section 5. Gifts

Any member or Officer may accept on the behalf of the committee any gift, contribution, bequest, or devise for the general purposes of or for any specific purpose of the Committee with such funds to be given to the treasurer for deposit within five (5) working days of receipt.

ARTICLE VIII COMMITTEES

Section 1. General Committee Functions.

The President shall appoint all committees with the consent of the Board of Governors. Committees shall consist of three (3) or more members.
The standing committees shall report to the President and the Board of Governors, and at the request of the President or the Board of Governors or by the majority vote of those active members attending at the annual meeting, the standing committees shall submit a report to the membership at large.
The President shall be an ex-officio member of all committees.
Committees shall meet upon the call of their respective chairperson or upon the request of the President.
The various standing committees shall have such duties as are set forth below and such other duties as may be assigned to them from time to time by the President or by the Board of Governors.

Section 2. Standing Committees

The following are permanent standing committees, appointed by the President, subject to the consent of the Board of Governors.

Education Committee The Education Committee shall design, develop and initiate programs, including qualifying continuing legal education programs for the education and training of the members of the Association. The committee shall make recommendations to the Board of Governors for conferences, seminars, panels, lectures and discussion groups, relating generally to administrative hearings.
Nomination Committee. The Nomination Committee shall consist of three members and shall nominate a slate of officers for each office. The slate shall be submitted in writing to each of the members of the organization at least thirty days before the annual membership meeting. At the annual membership meeting, when the election is held, those members nominated by the committee shall be considered as automatically nominated and additional nominations may be taken at the time of the election. All nominees shall be treated in the same fashion at the election.
Membership Committee. The membership committee shall devise and carry out programs to publicize the activities of the Association and the benefits of membership and to enlist new members.

ARTICLE IX AMENDMENTS

Section 1. Proposal and Notice.

An amendment to the Constitution and Bylaws of this Association may be proposed by: (1) Obtaining the signature to a petition of ten active members in good standing, or (2) Motion of the Board of Governors, or (3) A majority vote of the active members voting, at any regular or special meeting.
Proposals to amend the Constitution and Bylaws shall be submitted by the Board of Governors to the membership in writing for ratification but not later than 30 days before the start of the Annual Meeting. A two-thirds majority of active members voting at an annual membership or special meeting shall be required for ratification.

Arkansas Association of Administrative Adjudicators

CONSTITUTION AND BYLAWS OF THE ARKANSAS ASSOCIATION OF ADMINISTRATIVE ADJUDICATORS (As Amended and Approved—April 09, 2004)

PREAMBLE

WHEREAS during recent years there has been a steady growth in the field of administrative law affecting the everyday affairs of a large segment of the population of the State of Arkansas; and

ARTICLE I NAME, OBJECTIVES AND BASIC POLICIES

Section 1. Name.

Section 2. Objectives.

To foster, advocate and advance the broad purposes outlined in the Preamble, the Association will provide a common meeting ground where those persons charged with the performance of judicial functions in administrative law may:

Participate in actively seeking attainment of professional standards which will promote professionalism and integrity in administrative law, and, in the interests of justice, result in the greatest service to the public;

Sponsor meetings and conferences where ideas, opinions, information and materials are exchanged to advance the continuing education of members;

As a forum exchange ideas and opinions as well as invite recognized authorities in this field to appear and share their views with the members;

Study, advance, and recommend improved operating procedures, techniques and technologies to better serve the public;

Provide training to develop member skills and techniques in conducting fair and impartial hearings;

Keep members apprised of recent case decisions, legislation, and developments affecting administrative law; (g) Interact with the public to discuss and explain the administrative law process;

Furnish and exchange information among members and governmental agencies;

Promote a rapport with the judiciary, legal community, and other professions;

Cooperate with other judicial, quasi-judicial, legal societies or associations in this or any other state to address problems of mutual interest and concern;

Establish a code of ethics;

Obtain information and study materials for the continuing education of members of the Association and to present programs which would qualify for educational credit by the Arkansas Bar Association as part of any authorized continuing legal education program and;

Engage in such other activities as may be deemed necessary and proper to further the objectives of the Association.

Section 3. Basic Policies and Limitations

The following are the basic policies of the Association:

The name of the Association or the names of any members in their official capacity shall not be used in connection with a commercial concern or with any partisan interest or for any purpose not appropriately related to the promotion of the purposes and objectives of the Association.

No member shall publish any recommendations that imply the endorsement of such recommendation by the Association unless duly approved by a majority of the membership of the association.

ARTICLE II MEMBERSHIP

Section 1. Eligibility

Associate Membership The Board of Governors may grant Associate membership to those persons not eligible for active membership. Associate members shall pay such percentage of the assessed annual dues as is set by a majority vote of the Board of Governors of the active members.

Honorary Membership Honorary membership may be conferred by a majority vote of the Board of Governors or of the membership voting thereon to those persons who have rendered outstanding service in administrative law or related fields.

Associate and honorary members shall not be eligible to vote or hold elective office.

Section 2. Acquiring Membership

Methods of acquiring active membership in the Association are: (a) By individual application, or 4 (b) By nomination of an active member, and (c) By payment of dues.

Section 3. Membership in National Association

All active members of the Association shall be members of the National Association of Administrative Law Judges.

Section 4. Termination of Membership Active

Membership in this Association shall be terminated for any of the following reasons:

Resignation or permanent separation from qualifying employment or office;

Failure to pay dues;

Expulsion for cause upon majority vote of the Board of Governors or by the active membership voting at an annual or special meeting

ARTICLE III DUES

Section 1. Due Annually

Section 2. New Members

Section 3. Forfeiture of Rights

Members of the Association whose annual dues are delinquent shall forfeit all rights of membership and membership for any purpose shall terminate.

Section 4. Reinstatement

Membership forfeited for failure to pay dues may be reinstated at any time upon the payment of the delinquent dues.

ARTICLE IV GENERAL MEMBERSHIP AND MEMBERSHIP MEETINGS

Section 1. Government

The Association shall be governed by a majority vote of the active members present and voting as expressed by actions taken in: (1) The annual meeting of the membership; or (2) Special meetings of the membership

Any active member at the Association in good standing shall be entitled to vote in any membership meeting.

Section 2. Membership Meetings

At least 30 days notice shall be given of the annual or special meetings.

All meetings shall be governed according to Roberts’ Rules of Order, except as otherwise established by the Constitution and Bylaws of this Association.

ARTICLE V BOARD OF GOVERNORS

Section 1. Composition

The Board of Governors shall consist of the elected officers of the Association and the immediate past president. The term "Board of Governors" shall be deemed synonymous with and as referring to the term "Board of Directors" as used in any applicable statutes.

Section 2. Replacement of Members

Whenever a member of the Board of Governors vacates a office, the remaining members shall have the power and duty to appoint a substitute for the remaining portion of the term.

Section 3. General Administration

Section 4. Meetings

Section 5. Scope of Authority

The Board of Governors shall have general charge of the affairs of the Association and may delegate such powers and take such action as they may deem appropriate, and which are not in conflict with the Constitution and Bylaws.

ARTICLE VI OFFICERS

Section 1. General.

The officers of this Association shall be the President, the President-elect, the Vice President, the Secretary, Parliamentarian, Historian, and the Treasurer. Officers must be active members of the Association in good standing.

Section 2. Election

The officers shall be elected by the active membership at large by an absolute majority vote (51% of the members present and voting) at the annual meeting and shall be installed in office at the conclusion of the annual meeting. All elections shall be by secret written ballot.

Officers shall hold office for one year or until their successors are elected and installed. Except for the President and President-elect, all officers may succeed themselves.

Section 3. Duties of the President

The President shall be the executive officer of the Association. The President may call meetings of the Board of Governors and all regular and special committees. The President shall chair all membership and Board of Governors meetings of the Association.

In the absence of a chairperson of any of the committees, or in the event of disability of such chairperson, the President shall designate a member thereof to act temporarily.

The President shall render an annual report to the annual meeting and may submit such recommendations as are deemed necessary.

The President shall perform all duties that pertain to the office and such other duties as may from time to time be prescribed by the Board of Governors.

Section 4. Duties of the President-elect

The President-elect shall perform such duties as assigned by the President, and shall serve as acting President in the event the President is unable to perform the duties of the office.

The President-elect shall be the next succeeding President of the Association.

Section 5. Duties of the Vice President

If the President and President-elect are unable to perform the duties of the office of the President, the Vice President shall serve as acting President.

The Vice President shall perform such duties as assigned by the President consistent with the objectives of this Association and shall serve as head of the Education Committee.

Section 6. Duties of the Secretary

The Secretary shall be responsible for keeping a correct record of the Association and of the annual convention and special meetings of the membership.