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BYLAWS
OF THE INTERNATIONAL SOCIETY FOR THE PSYCHOANALYTIC
STUDY OF ORGANIZATIONS
ARTICLE
I
1.1 Registered Office. The registered office will be located in the state
of Kansas. The corporation, by resolution of its board of directors, may
change the location of its registered office as designated in the Articles
of Incorporation to any place in Kansas. By like resolution the registered
agent at such registered office may be changed to any other person or
corporation. Upon adoption of such a resolution, a certificate certifying
the change shall be executed, acknowledged and filed with the Secretary
of State, for the county in which the new registered office is located
(and in the old county, if such registered office is mover from one county
to another).
1.2 Other Offices. The corporation may also have offices at other places
both within and without the State of Kansas as the board of directors
may from time to time appoint or the activities of the corporation may
require.
ARTICLE II
Nonprofit Purposes
2.1 Internal Revenue Code §501 (c) (3) Purposes. This corporation
is organized exclusively for one or more of the purposes as specified
in §501 (c) (3) of the Internal Revenue Code of 1986, including,
for such purposes, the making of distributions to organizations that qualify
as exempt organizations under §501 (c) (3) of the Internal Revenue
Code of 1986.
2.2 Specific Objectives and Purposes. Without limiting the scope of the
above purposes, the specific objectives and purposes of this corporation
shall be:
(a) (a) to provide a public forum for the presentation and distribution
of papers in the field of psychoanalytic organizational studies;
(b) (b) to aid in the establishment of a community of scholars and other
concerned individuals who work in universities, government, the communications
media, and private, clinical or consultation practices, and elsewhere
who share an interest in examining organizations from a psychoanalytic
perspective;
(c) (c) to facilitate communication of scientific research, theory and
practice in the field of psychoanalytic study of organizations across
disciplinary, national and ideological boundaries among the members of
this corporation and the general public;
(d) (d) to increase the theoretical and practical significance of psychoanalytic
organizational studies;
(e) (e) to provide mutual support among the members as they generate and
disseminate their findings and ideas
ARTICLE III
Membership
3.1 Membership. Based upon qualifications specified in Section 4 of this
Article, all prospective members shall be approved by the board of directors.
3.2 Application for Membership. Application for membership shall be made
in writing to the corporation and acted upon in accordance with procedures
established by the board of directors. Honorary memberships shall be determined
under terms and conditions as specified by resolution of the board of
directors.
3.3 Membership Dues. The dues required for initial membership and annually
or otherwise shall be specified by written resolution of the board of
directors. Such dues may be changed from time to time, except that once
a member has paid his original membership fee, if any, and becomes a member,
no subsequent increase in the membership fee shall warrant an assessment
or require a refund as to such fee with respect to such member. Nonpayment
of dues shall be a proper cause for suspension or revocation of membership
hereunder. All dues shall be payable as specified by the board of directors.
Annual dues shall be in the same amount for all members of the same membership
class. The annual dues may vary for each membership class where there
is more than one such class.
3.4 Membership Qualifications. Any person, regardless of his or her academic
discipline, profession, nationality, and theoretical or ideological outlook
may apply for membership if that person can demonstrate a good understanding
of psychoanalytic processes and the implications of such processes in
dealing with individuals, groups, organizations and society as evidenced
by:
(a) (a) Personal analysis or psychodynamic psychotherapy;
(b) (b) Other forms of psychodynamically oriented experiential learning;
(c) (c) Published paper(s) in areas of interest to the society;
(d) (d) Evidence of psychoanalytically informed organizational consulting;
(e) (e) Other academic accomplishments such as a dissertation in an area
of interest to the society;
(f) (f) Psychodynamic/Psychoanalytic training.
3.5 Resignation From Membership. A resignation from membership shall be
presented, in writing, to the board of directors, but shall not relieve
any member from any liability for dues, assessments or other obligations
to the corporation which are unpaid at the time such resignation is filed,
or which may arise prior to the acceptance of the resignation.
3.6 Termination or Suspension. If any member of the corporation shall
commit any act prejudicial to the conduct of the affairs of the corporation
for the purposes for which it is formed, or shall have changed his status
so as to be ineligible for membership, such person shall be notified in
writing to appear personally before the board of directors at a designated
time not less than thirty (30) days after such notification and at such
time, be given a hearing. By a two-thirds vote of all of the board of
directors present at the meeting, the membership of such person in the
corporation may be terminated or suspended. Suspension is not appropriate
where the person has ceased to be a person eligible for membership. If
either suspension or termination is decided upon, the terms and conditions
of same shall be in writing and delivered, by registered mail, to the
suspended or terminated member at his (her) last known address.
3.7 Transfer of Membership. Membership in the corporation is not transferable
or assignable. There shall be no transfer or alienation of membership
by inter vivos or testimentary device or otherwise.
3.8 Fines and Penalties. Monetary fines or penalties are not permitted.
The penalty for misconduct is suspension or termination, as provided above.
3.9 Membership Classes. The board of directors may create classes of membership
or change any class of membership in its sole discretion by a vote of
two-thirds of a quorum of the board of directors at any duly called meeting
and may establish any voting requirements consistent with the Kansas Corporation
Code.
ARTICLE IV
Meetings of Members
4.1 Place of Meetings. All annual meetings of members and all other meetings
of members shall be held at a site, within or without the State of Kansas,
designated by the Board of Directors.
4.2 Meetings of Voting Members and Other Membership Matters. The annual
meeting of members shall be held at a location, date and time designated
by the board of directors. At such meetings, new directors and officers
shall be announced based upon results of mail ballots and board of director
appointments. Also at the annual meetings, reports of the affairs of the
corporation shall be considered, and any other business may be transacted
which is within the power of the members.
Written notice of each annual meeting shall be given to each member entitled
to vote, either personally or by mail or other means of written communication,
charges prepaid, addressed to such member at his address appearing on
the books of the corporation or given to him by the corporation for the
purpose of notice. All such notices shall be sent to each member entitled
thereto not less than ten (10) days nor more than one hundred eighty (180)
days before each annual meeting, and shall state such other matters, if
any, as may be expressly required by statute.
4.3 Special Meetings. Special meetings of the members for any purpose
or purposes whatsoever, may be called at any time by a majority of the
board of directors. Except in special cases where other express provision
is made by statute, notice of such special meetings shall be given in
the same manner as for annual meetings of members. Notices of any special
meeting shall specify in addition to the place, day and hour of such meeting,
the general nature of the business to be transacted.
4.4 Adjourned Meetings and Notice Thereof. Any members' meeting, annual
or special, whether or not a quorum is present may be adjourned from time
to time by the vote of a majority of the membership interests present,
but in the absence of a quorum, no other business may be transacted at
such meeting.
When any members' meeting, either annual or special, is adjourned for
ten (10) days or more, notice of the adjourned meeting shall be given
as in the case of the original meeting. Except as aforesaid, it shall
not be necessary to give any notice of an adjournment or of the business
to be transacted at an adjourned meeting, if the time and place thereof
are announced at the meeting at which such adjournment is taken.
4.5 Voting. Unless the board of directors has fixed in advance a record
date for purposes of determining entitlement to vote at the meeting, the
record date shall be as of the close of business on the day next preceding
the day on which the meeting shall be held. All elections of directors
shall be by written ballot. Each voting member shall have one (1) vote
for directors, president, president-elect, and all other matters which
may properly come before the members at any annual or special meeting.
4.6 Quorum. The presence of one fifth of the voting members at any meeting
shall constitute a quorum for the transaction of business. The members
present at a duly called or held meeting at which a quorum is present
may continue to do business until adjournment, notwithstanding the withdrawal
of enough members to leave less than a quorum.
4.7 Consent of Absentees. The transaction of any meeting of members, either
annual or special, however called and noticed, shall be as valid as though
had at a meeting duly held after regular call and notice, if a quorum
be present, and if, either before or after the meeting, each of the members
entitled to vote, who are not present, signs a written waiver of notice,
or a consent to the holding of such meeting, or an approval of the minutes
thereof. All such waivers, consents or approvals shall be filed with the
corporate records or made a part of the minutes of the meeting.
ARTICLE V
Directors
5.1 Powers. Subject to limitations of the Articles of Incorporation, of
the bylaws, and of the Kansas Corporation code as to action which shall
be authorized or approved by the members, and subject to the duties of
directors as prescribed by the bylaws, all corporate powers shall be exercised
by or under the authority of, and the business and affairs of the corporation
shall be controlled by, the board of directors. Without prejudice to such
general powers, but subject to the same limitations, it is hereby expressly
declared that the directors shall have the following powers, to-wit:
First - To propose amendments to or repeals of the bylaws of the corporation.
Second - To remove all the other officers, agents and employees of the
corporation, prescribe such powers and duties for them as may not be inconsistent
with law, or with the articles of incorporation or the bylaws, fix their
compensation, and require from them security for faithful service.
Third - To conduct, manage and control the affairs and business of the
corporation, and to make such rules and regulations therefore not inconsistent
with the law, or with the Articles of Incorporation or the bylaws, as
they may deem best.
Fourth - To change the principal office and registered office for the
transaction of the business of the corporation from one location to another
as provided in Article I hereof; to fix and locate from time to time one
or more subsidiary offices of the corporation within or without the State
of Kansas as provided in article I hereof; to designate any place within
or without the State of Kansas for the holding of any members' meeting
or meetings; to adopt, make and use a corporate seal; to adopt and prescribe
the forms of membership certificates; and to alter the forms of such seal
and of such certificates from time to time, as in their judgement they
may deem best, provided such seal and such certificate shall at all times
comply with the provisions of law.
Fifth - To enter into contracts on behalf of the corporation, to borrow
money and incur indebtedness for purposes of the corporation, and to cause
to be executed and delivered therefore, in the corporate name, promissory
notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecation's
or other evidences of debt and securities therefore.
Sixth - To appoint and executive committee and other committees any of
the powers and authority of the board in the management of the business
and affairs of the corporation. Any such committee shall be composed of
two or more directors.
5.2 Number and Qualifications of Directors. The board of directors shall
be composed of a minimum of four (4) and a maximum of eleven (11) persons
who shall also be members of this corporation. Each director shall hold
office for the term for which he is elected and until his successor is
elected and qualified.
5.3 Classification, Election and Term of Directors. Prior to the first
annual meeting of the corporation, the members shall elect, by mail ballot,
as described in sections 2 and 3 of Article VIII, seven directors to hold
staggered terms of office. These directors shall be divided into three
classes such that two (2) directors shall be in the first and second class
while three (3) directors shall be in the third class. The members of
the first class shall hold office for a term of one year; the members
of the second class shall hold office for a term of two years; the members
of the third class shall hold office for a term of three years. Prior
to every annual meeting, thereafter, two or three directors, depending
on the number of directors whose term is ending, shall be elected, by
mail ballot, by the members for a term of three years to succeed the directors
whose terms have expired.
The incorporators shall determine the classification of each director
elected at the first annual meeting such that two (2) directors shall
be classified as directors of the first class, two (2) directors shall
be classified as directors of the second class, and three (3) directors
shall be classified as directors of the third class.
If, for any reason, an annual meeting is not held, or a mail ballot election
of directors is not done prior to any annual meeting, the directors may
be elected by mail ballot by the members as soon thereafter as conveniently
possible. The results of such election shall be mailed to all the members
and then announced at the next annual meeting of the corporation. All
directors shall hold office until their respective successors are elected.
5.4 Removal. A director may be removed from office at any time for cause
by a majority vote of the members of the corporation.
5.5 Inclusion of the President, the President-Elect and the Past President.
The president and the president-elect of the corporation shall be members
of the board of directors for the terms of their office and shall be elected
in the manner described in Section 6 of Article VI herein. The seat of
any director who was elected to the board under the terms of Section 3
of this Article and who is also elected as either president or president-elect
shall be vacant until another director is qualified and elected under
the terms of Section 6 of this Article.
The immediate past president remains a member of the board of directors
for two (2) years after concluding his term in the office of president.
5.6 Vacancies. Vacancies on the board of directors may be filled by a
majority of the remaining directors, although less than a quorum, or by
a sole remaining director. If, at any time, by reason of death, resignation
or other cause, the corporation shall have no directors in office, then
any officer or any member or any executor, administrator, trustee or guardian
of a member or other fiduciary entrusted with like responsibility for
the person or estate of a member may call a special meeting of the members
in accordance with the provision of these bylaws, or may apply to the
District Court for a decree summarily ordering election as provided for
by the Kansas Corporation Code. Each director so elected to fill a vacancy
shall hold office until his successor is elected at an annual or a special
meeting of the members.
A vacancy or vacancies on the board of directors shall be deemed to exist
in case of the death, resignation or removal of any director, or if the
authorized number of directors be increased, or if the members fail at
any annual or special meeting at which any director or directors are elected
to elect the full authorized number of directors to be voted for at the
meeting, or if any director or directors elected shall refuse to serve.
The members holding at least ten percent (10%) of the total membership
vote may call a meeting at any time to fill any vacancy or vacancies not
filled by the directors in accordance with the above procedures. If the
board of directors accepts thew resignation of a director tendered to
take effect at a future time, the board of directors or the members shall
have power to elect a successor to take office when the resignation is
to become effective.
No reduction of the authorized number of directors shall have the effect
of removing any director prior to the expiration of his term of office.
ARTICLE VI
Board of Directors Meetings
6.1 Place of Meeting. Regular and special meetings of the board of directors
shall be held at any place within or without the State of Kansas which
has been designated from time to time by resolution of the board or by
written consent of all the directors.
6.2 Regular Meetings. Regular meetings of the board of directors shall
be held at such time as the board of directors may from time to time designate
in advance of such meetings.
6.3 Special Meetings. Special meetings of the board of directors for any
purpose or purposes shall be called at any time by the president or, if
he is absent or unable or refuses to act, by the secretary-treasurer or
by any other director. Notice of such special meetings, unless waived
by attendance thereat or by written consent to the holding of the meeting,
shall be given by written notice mailed at least twenty (20) days before
the date of such meeting or be delivered by hand, by telegram, or by facsimile
at least fourteen (14) days before the date such meeting is to be held.
If mailed, such notice shall be deemed to be delivered when deposited
in the United States mail with postage thereon, addressed to the director
at his residence or usual place of business. If notice be given by telegram,
such notice shall be deemed to be delivered when the same is delivered
to the telegraph company.
6.4 Notice of Adjournment. Notice of the time and place of holding an
adjourned meeting need not be given to absent directors if the time and
place be fixed at the meeting adjourned.
6.5 Waiver of Notice. The transactions of any meeting of the board of
directors, however called and noticed or wherever held, shall be as valid
as though had at a meeting duly held after regular call or notice, or
if a quorum be present, and if, either before or after the meeting, each
of the directors not present signs a written waiver of notice, or a consent
to holding such a meeting, or an approval of the minutes thereof. All
such waivers, consents or approvals shall be filed with the corporate
records or made a part of the minutes of the meetings.
6.6 Quorum. A majority of the total number of directors shall be necessary
to constitute a quorum for the transaction of business, except to adjourn
as hereinafter provided. Every act or decision done or made by a majority
of the directors present at a meeting duly held at which a quorum is present
shall be regarded as the act of the board of directors, unless a greater
number be required by law or by the Articles of Incorporation. The directors
present at a duly called or held meeting at which a quorum is present
may continue to do business until adjournment, notwithstanding the withdrawal
of enough directors to leave less than a quorum.
6.7 Meetings by Telephone. Members of the board of directors of the corporation,
or any committee designated by such board, may participate in a meeting
of the board of directors by means of conference telephone or similar
communications equipment, by means of which all persons participating
in the meeting can hear one another, and such participation in a meeting
shall constitute presence in person at the meeting.
6.8 Adjournment. A majority of the directors present may adjourn any directors'
meeting to meet again at a stated day and hour or until the time fixed
for the regular meeting of the board.
6.9 Votes and Voting. All votes required of directors hereunder may be
by voice vote or show of hands, unless a written ballot is requested,
which request may be made by any one director. Each director shall have
one vote. Every reference to a majority or other proportion of directors
shall refer to a majority or other proportion of the votes of such directors.
6.10 Compensation. Members of the board of directors shall not receive
compensation for their services as directors of the corporation. However,
by resolution of the board, directors may be reimbursed for out-of-pocket
expenses they incur on behalf of the corporation. Nothing herein contained
shall be construed to preclude any director from serving the corporation
in any other capacity as an officer, agent, employee, or otherwise, and
receiving compensation therefore.
ARTICLE VII
Officers
7.1 Officers. The officers of the corporation shall be a President, a
President-elect, a Secretary-Treasurer, and an Executive Director. The
corporation may also have, at the discretion of the board of directors,
one or more assistant secretaries and one or more assistant treasurers,
and such other officers as may be appointed in accordance with the provisions
of section 6 of the Article. The offices of executive Director and Secretary-Treasurer
must not be held by the same person.
7.2 President. The president shall be the chief executive officer of the
corporation and shall, subject to the control of the board of directors,
have general supervision, direction and control of the business and officers
of the corporation. He shall preside at all meetings of the board of directors
and the members. He shall be ex officio a member of all the standing committees,
including the executive committee, if any, and shall have the general
powers and duties of management usually vested in the office of president
of a corporation, and shall have such other powers and duties as may be
prescribed by the board of directors or these bylaws. In addition, the
president shall have the following duties:
a) a) propose programs and policies designed to promote the purpose of
the corporation;
b) b) together with the president-elect, prepare an agenda for meetings
of the board of directors and Annual Meeting
c) c) in consultation with the board of directors, appoint standing or
special committees
7.3 President-Elect. In the absence or disability of the president, the
president -elect shall perform all the duties of the president, and when
so acting shall have all the powers of, and be subject to all the restrictions
upon the president. The president-elect shall have such other powers and
perform such other duties as from time to time may be prescribed for him
by the board of directors or these bylaws. In addition, the president-elect
shall have the following duties:
a) a) in consultation with the board of directors, appoint the chair of
the Program Committee for the Annual Meetings to be held during his or
her term of office;
b) b) in consultation with the secretary-treasurer, oversee the handling
of the corporation's funds and the development of a budget for the corporation;
c) c) in consultation with the Editor, oversee the production of any corporation
publications;
d) d) assist the president, other officers, committees and agencies of
the corporation in the performance of their duties and respond in a timely
fashion to their requests.
7.4 Secretary-Treasurer. The secretary-treasurer shall keep, or cause
to be kept, a book of minutes at the principal office or such other place
as the board of directors may order, of all meetings of directors and
members, with the time and place of holding, whether regular or special,
and if special, how authorized, the notice thereof given, the names of
those present at directors' meetings, the members present or represented
at the members' meetings and the proceedings thereof. The secretary-treasurer
shall keep or cause to be kept, at the principal office or at the office
of the corporation's agent, a membership ledger, showing the names of
the members and their addresses; and the date of suspension, termination
or resignation of every membership.
The secretary-treasurer shall give, or cause to be given, notice of all
the meetings of the members and of the board of directors required by
these bylaws or by law to be give, and shall have such other powers and
perform such other duties as may be prescribed by the board of directors
or these bylaws.
The secretary-treasurer shall keep and maintain or cause to be kept and
maintained, adequate and correct accounts of the properties and business
transactions of the corporation, including accounts of its assets, liabilities,
receipts, disbursements, gains, losses, capital, surplus and shares. The
books of account shall at all reasonable times be open to inspection by
any director.
The secretary-treasurer shall deposit all monies and other valuables in
the name and to the credit of the corporation with such depositories as
may be designated by the board of directors. He shall disburse the funds
of the corporation as may be ordered by the board of directors, shall
render to the president and directors, whenever they request it, an account
of all of his transactions as treasurer and of the financial condition
of the corporation, and shall have such other powers and perform such
other duties as may be prescribed by the board of directors or these bylaws.
He shall be bonded, if required by the board of directors.
The secretary-treasurer shall, in consultation with the president, develop
an annual budget for the corporation and shall report orally and in writing
on the financial status of the corporation to the board of directors at
the annual Business Meeting.
7.5 Executive Director. The executive director shall be responsible for
the administrative operation of the corporation including the preparations
for the annual symposium. His or her duties include the following:
(a) (a) printing stationery and maintaining the corporation mailing lists;
(b) (b) preparing, printing and distributing all corporation mailings
and publications;
(c) (c) in consultation with the Program Committee, develop, plan and
organize the annual symposium;
(d) (d) convert papers to be presented at the annual symposium to a standard
format and arrange for their reproduction and sale;
(e) (e) monitor the symposium budget;
(f) (f) attend meetings of the board of directors as a non-voting participant.
7.6 Election and Terms of the President and President-Elect. At the first
annual meeting of the corporation, the President and President-Elect shall
be elected by mail ballot, as described in Sections 2 and 3 of Article
VIII therein, by the members of the corporation to serve two (2) year
terms of office. At the end of the two year terms, the president-elect
will automatically succeed the president and will then hold a two year
term as president. Every two years thereafter, the members shall elect
a president-elect to hold a two year term of office and to automatically
succeed the president at the end of their respective terms.
7.7 Appointment of Secretary-Treasurer. The secretary-treasurer shall
be a member of the corporation and shall be appointed by a majority vote
of a quorum of the board of directors, and shall hold this office until
he or she resigns, is removed, is otherwise disqualified to serve, or
his successor is appointed and qualified.
7.8 Appointment of Executive Director. The executive director of the corporation
shall be appointed by a majority vote of a quorum of the board of directors,
and shall hold his or her office until he resigns, is removed, is otherwise
disqualified to serve, or his successor is appointed and qualified.
7.9 Subordinate Officers, Etc. The board of directors may appoint, by
a majority vote of a quorum, such other officers as the business of the
corporation may require, each of whom shall have authority and perform
such duties as are provided in these bylaws or as the board of directors
may from time to time specify, and shall hold office until he resigns,
is removed, is otherwise disqualified to serve, or his successor is elected
and qualified.
7.10 Compensation of Officers. Officers and other employees of the corporation
shall receive such salaries or other compensation as shall be determined
by resolution of the board of directors, adopted in advance or after the
rendering of the services, or by employment contracts entered into by
the board of directors. The power to establish salaries of officers, other
than the president, president-elect or secretary-treasurer, may be delegated
to the president or a committee.
7.11 Vacancies. A vacancy in any office because of death, resignation,
removal, disqualification or any other cause shall be filled in the same
manner prescribed for directors in Section 6 of Article 5 herein.
7.12 Removal and Resignation. Any elected officer may be removed, either
with or without cause, by a two-thirds majority of the entire of the board
of directors at the time in office, at any regular or special meeting
of the board. Any appointed officer may be removed by a majority vote
of the board of directors. Any officer may resign at any time upon written
notice to the corporation.
ARTICLE VIII
Nominations and Mail Ballot Procedures
8.1 Nomination of Directors and Officers. Any member of the corporation
may be nominated as a candidate for elected office by resolution of the
board of directors or by petition by no less than five (5) percent of
the membership of the corporation.
8.2 Election of the Directors, President and President-Elect. A mail ballot
shall be used by the members to elect the directors, the president and
the president-elect of the corporation. The candidate who receives a plurality
of the votes cast for each position shall be declared elected. The results
of the mail ballot elections shall be announced at the annual meeting
(or special meeting).
8.3 Mail Ballot Procedures. A mail ballot shall be sent to members of
the corporation not less than sixty (60) days prior to the annual meeting
(or not less than thirty (30) days prior to a special meeting). The mail
ballot shall include, in alphabetical order, the names of the candidates
for each elective office. The mail ballot shall also include biographical
statements of not more than 100 words for each candidate describing his
or her qualifications.
In the case of the offices of president and president-elect, the mail
ballots shall also clearly state the following:
a) a) the president and president-elect will also serve as directors during
their terms of office;
b) b) the president-elect shall automatically succeed the newly acting
president at the end of the president's term of office; and,
c) c) following his (her) term of office, the president shall serve two
additional years as a director.
ARTICLE IX
Books and Records
9.1 Inspection of Corporate Records by Members. The membership ledger,
the books of account, and minutes of proceedings of the members, the board
of directors and of executive committees of directors shall be open to
inspection upon written demand of any member within five (5) days of such
demand during ordinary business hours if for a purpose reasonably related
to his interests as a member. The list of members entitled to vote shall
be prepared at least ten (10) days before every meeting of members by
the officer in charge of the membership list, which shall be the secretary-treasurer,
and shall be open to inspection by any member, for any purpose germane
to the meeting, during ordinary business hours for at least ten (10) days
prior to such meeting. Such inspection may be made in person or by an
agent or attorney authorized in writing by a member, and shall include
the right to make abstracts. Demand of inspection other than at a members'
meeting shall be made in writing upon the president or secretary-treasurer
of the corporation.
9.2 Inspection of Books and Records by Directors. Any director shall have
the right to examine the corporation's membership ledger, a list of its
members entitled to vote and its other books and records for a purpose
reasonably related to such director's position as a director. When there
is any doubt concerning the inspection rights of director, the parties
may petition the District Court, which may, in its discretion, determine
whether an inspection may be made and whether any limitations or conditions
shall be imposed upon same.
9.3 Inspection of Bylaws. The corporation shall keep in its principal
office for the transaction of business the original or a copy of these
bylaws as amended or otherwise altered to date, certified by the secretary-treasurer,
which shall be open to inspection by the members at all reasonable times
during ordinary business hours.
ARTICLE X
Indemnification
10.1 Indemnification of Directors and Officers. (a) The corporation shall,
as provided in paragraphs c) and d), indemnify any person who is or was
a party or is threatened to be made a party to any threatened, impending
or completed action, suit or proceeding, whether civil, criminal, administrative
or investigative (other than an action by or in the right of the corporation)
by reason of the fact that he is or was a director, officer, employee
or agent of the corporation, or is or was serving at the request of the
corporation as a director, officer, employee or agent of another corporation,
partnership, joint venture, trust or other enterprise, against expenses
(including attorney fees), judgements, fines and amounts paid in settlement
actually and reasonably incurred by him in connection with such action,
suit or proceeding, if he acted in good faith and in a manner he reasonably
believed to be in or not opposed to the best interests of the corporation
, and with respect to any criminal action or proceeding, had no reasonable
cause to believe his conduct was unlawful. The termination of any action,
suit or proceeding by judgment, order, settlement, conviction, or upon
a plea of nolo contendere or its equivalent, shall not, of itself, create
a presumption that the person did not act in good faith and in a manner
which he reasonably believed to be in or not opposed to the best interests
of the corporation, and, with respect to any criminal action or proceeding,
had no reasonable cause to believe his conduct was unlawful. The termination
of any action, suit or proceeding by judgment, order, settlement, conviction,
or upon a plea of nolo contendere or its equivalent shall not, of itself,
create a presumption that the person did not act in good faith and in
a manner which he reasonably to be in or not opposed to the best interests
of the corporation, and, with respect to any criminal action or proceeding,
had no reasonable cause to believe that his conduct was unlawful.
(b) The corporation shall, as provided in paragraphs (c) and (d), indemnify
any person who was or is a party or is threatened to be made a party to
any threatened, pending, or completed action or suit by or in the right
of the corporation to procure a judgment in its favor by reason of the
fact that he is or was a director, officer, employee or agent of the corporation,
or is or was serving at the request of the corporation as a director,
officer, employee or agent of another corporation, partnership, joint
venture, trust or other enterprise against expenses (including attorney
fees) actually and reasonably incurred by him in connection with the defense
or settlement of such action or suit if he acted in good faith and in
a manner he reasonably believed to be in or not opposed to the best interests
of the corporation and except that no such indemnification shall be made
in respect of any claim, issue or matter as to which such person shall
have been adjudged to be liable for negligence or misconduct in the performance
of his duty to the corporation unless and only to the extent that the
court in which such action or suit was brought shall determine upon application
that despite the adjudication of liability but in view of all the circumstances
of the case, such person is fairly and reasonably entitled to indemnify
for such expenses which such court shall deem proper.
(c) To the extent that a director, officer, employee or agent of the corporation
shall be successful on the merits or otherwise on defense, of any action,
suit or proceeding referred to in paragraphs (a) and (b), or in defense
of any claim, issue or matter therein, he shall be indemnified against
expenses (including attorney fees) actually and reasonably incurred by
him in connection with such.
(d) Any indemnification under paragraphs (a) and (b) (unless pursuant
to paragraph (c) or ordered by a court) shall be made by the corporation
only as authorized in the specific case upon a determination that indemnification
of the director, officer, employee or agent is proper in the circumstances
because he has met the applicable standard of conduce set forth in paragraphs
(a) and (b). such determination shall be made:
(1) (1) by the board of directors by a majority vote of a quorum consisting
of directors who were not parties to such action, suit or proceeding;
or
(2) (2) if such a quorum is obtainable, or even if obtainable and a quorum
of disinterested directors so directs, by independent legal counsel in
a written opinion; or
(3) (3) by majority vote of a quorum of the members.
(f) (f) Expenses incurred in defending a civil or criminal action, suit
or proceeding may be paid by the corporation in advance of the final disposition
of such action, suit or proceeding as authorized by the board of directors
in the manner provided in paragraph (d) upon receipt of an undertaking
by or on behalf of the director, officer, employee or agent to repay such
amount unless it shall ultimately be determined that he is not entitles
to be indemnified by the corporation as authorized in the section. Such
expenses incurred by other employees and agents may be so paid upon such
terms and conditions, if any, as the board of directors may deem appropriate.
(g) (g) The indemnification provided by this section shall not be deemed
exclusive of any other rights to which those indemnified may be entitled
under any agreement, vote of members or disinterested directors or otherwise,
both to action in his official capacity and as to action in another capacity
while holding such office, and shall continue as to a person who has ceased
to be a director, officer, employee or agent and shall inure to the benefit
of the heirs, executors and administrators of such a person.
10.2 Indemnity Insurance. The corporation shall have the power to purchase
and maintain insurance to indemnify any person who is or was a director,
officer, employee or agent of the corporation or is or was serving at
the request of the corporation as a trustee, director, officer, employee
or agent of another corporation, partnership, joint venture, trust or
other enterprise against any liability asserted against, and incurred
by him (her), in any such capacity, or rising out of his status as such.
ARTICLE XI
Miscellaneous
11.1 Use of Roberts Rules of Order. The most current revision of Roberts
Rules of Order shall be used for the conduct of all members' and directors'
meetings.
11.2 Checks, Drafts, Etc. All checks, drafts or others orders for payment
of money, notes or other evidences of indebtedness, issued in the name
of or payable to the corporation, shall be signed or endorsed by such
person or persons and in such manner as, from time to time, shall be determined
by resolution of the board of directors.
11.3 Annual Report. The president and secretary-treasurer shall present
an annual report at the annual meeting. Otherwise, no annual report to
members shall be required. However, the board of directors may direct
that reports be sent to the members in such form and at such times as
may be deemed appropriate.
11.4 Contracts, Deeds, Etc., How Executed. The board of directors, except
as in these bylaws otherwise provided, may authorize any officer or officers,
agent or agents, to enter into any contract or execute any instrument
in the name of and on behalf of the corporation, and such authority may
be general or confined to specific instances; and unless so authorized
by the board of directors, no officer, agent or employee shall have any
power or authority to bind the corporation by any contract or engagement
or to pledge its credit or to render it liable for any purpose in any
amount; provided, however, that any contracts, agreements, deeds or other
instruments conveying lands or any interest therein, and any other documents
shall be executed on behalf of the corporation by the president (or by
the president-elect or vice president, if there be one, serving in the
absence of the president), or by any other specific officer or agent or
attorney so authorized under letter of attorney or other written power
which was executed on behalf of the corporation by the president (or president-elect
or vice-president, if there is one, serving in the absence of the president).
11.5 Fiscal Year. The board of directors shall have the power to fix and
from time to time change the fiscal year of the corporation. In the absence
of action by the board of directors, however, the fiscal year of the corporation
shall end each year on the date which the corporation treated as the close
of its first fiscal year, until such time, if any, as the fiscal year
shall be changed by the board of directors.
ARTICLE XII
Dissolution
12.1 Dissolution. Upon the dissolution of this corporation, the governing
body shall, after paying or making provision for the payment of all of
the liabilities of the corporation, dispose of all of the assets of the
corporation exclusively for the purposes of the corporation in such manner,
or to such organization or organizations organized and operated exclusively
for charitable, educational, religious or scientific purposes as hall
at the time qualify as an exempt organization or organizations under §
501 (c) (3) of the Internal Revenue Code of 1986 (or the corresponding
provision of any future United states Internal Revenue law), as the governing
board shall determine. Any such assets not so disposed of shall be disposed
of by the District Court of the county in which the principal office of
the corporations then located, exclusively for such purposes or to such
organization or organizations, as said court shall determine, which are
organized and operated exclusively for such purposes.
ARTICLE XIII
Amendments
13.1 Proposal of Amendments. Amendments or repeals of the bylaws may be
proposed by the board of directors at any regular or special meeting thereof
or by petition of 5% of the membership; provided, however, that such proposal
would not change the time and place fixed by the bylaws for the annual
election within sixty (60) days next preceding the date on which such
elections are to be held.
13.2 Ratification of Proposed Amendments. Proposed amendments or repeals
shall be submitted to all members in a mail ballot not less than two months
before the annual meeting of the corporation. The mail ballot shall provide
a short background statement stating the rationale for the amendment or
repeal. Amendments or repeals of the bylaws shall be declared ratified
when approved by two-thirds of those voting if the total number of those
voting is less than one-third of the members of the corporation.
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