By-laws


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Palm Beach County Association of the Deaf, Inc.

3901 Davis Road Lake Worth, Florida 33461

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CONSTITUTION

AND BYLAWS

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Revised – 2019

Organized – 1969             Incorporated – 1978


CONSTITUTION AND BYLAWS TABLE OF CONTENTS


CONSTITUTION Page

ARTICLE I..Name and Location 3

ARTICLE II..Mission 3

ARTICLE III..Membership 3

ARTICLE IV..Officers 3

BYLAWS

ARTICLE I…Organizational Status                               4

ARTICLE II…Membership, Fees and Dues                   4

ARTICLE III. .Election of Officers                                5

ARTICLE IV..Duties of Officers                                    6

ARTICLE V…Vacancies in Office                                 8

ARTICLE VI… Standing Committees                           9

ARTICLE VII. Meetings                                              10

ARTICLE VIII. Termination of Membership               11

ARTICLE IX...Application for Re-Instatement             12

ARTICLE X....Charges – Suspensions – Expulsions     12

ARTICLE XI...Contracts – Mortgages – Emergencies  13

ARTICLE XII.. Amendments                                      14

ARTICLE XIII. Dissolutions                                       14

ARTICLE XIV. Order of Business                               15


CONSTITUTION

ARTICLE I

Name and Location

Section 1: The organization shall be known as the PALM BEACH COUNTY ASSOCIATION OF THE DEAF, INCORPORATED, (PBCAD), henceforth

referred to as the Association.

Section 2:  The Association shall be located in Palm Beach County.

ARTICLE II

Mission

Section 1:  The mission of the Palm Beach County Association of the Deaf (PBCAD) is to preserve, protect and promote the civil, human and linguistic rights of Deaf and Hard of Hearing people.

Section 2: The Association shall operate as non-profit organization as specified under the charter issued by the State of Florida.

ARTICLE III

Membership

Membership shall be open to all persons over eighteen (18) years of age, subject to the provisions of the Bylaws of the Association.

ARTICLE IV

Officers

The Officers of the Association shall consist of a President, a Vice President, a Secretary, Treasurer, Past President, four (4) Board Members, and three (3) Trustees.


BYLAWS

ARTICLE I

Organizational Status

Section 1: The Association shall be identified as a non-profit organization, which is qualified for tax exemption under Section 501 (c)(3) of the Internal Revenue Code of 1954.

Section 2: The Association shall be recognized as exempt from the payment of Sales and Use Tax on the Purchase or Lease of Tangible Personal Property, or the lease of Transient Rental Accommodations or Real Property.

Section 3:  The Fiscal year shall be January 1st - December 31st.

ARTICLE II

Membership, Fees and Dues

Section 1: There shall be five (5) classes of membership: Active, Associate/Non- Resident, Associate/Youth (18-25 yrs of age), Lifetime and Honorary.

Section 2: Dues and initiation fees shall be established by the Board of Directors and voted on by the membership in October.

Section 3:  All members except Life and Honorary pay their dues no later than sixty

Section 4: All participants of an Association sponsored activity, including athletic, must be active member(s) of the Association.

Section 5: Dues for new members shall be paid on the 1st of the year or/prorated dues at the time of the filing of application.

Section 6:

Active membership shall be open to Deaf or Hard of Hearing person (18 years old and up). Each Active Member shall be entitled to voice and vote on all matters, which may come before the membership of the Association.


b)  ASSOCIATE/NON-RESIDENT-

A person residing outside of Palm Beach County or a hearing person may become an Associate/Non-Resident member of the Association. An Associate/Non- Resident member shall enjoy the right and privileges of an Active Member except he/she cannot hold office in this Association. However, an Associate/Non- Resident member may upgrade their status to an Active Member by paying the Active Member dues. In doing so, they receive the same rights as an Active Member, including the privilege of being heard (voice), and holding the office. A hearing person, who wishes to pay Active Member dues, may have full privileges but cannot hold any office in the Association.

c)  ASSOCIATE/YOUTH MEMBER-

A member, 18-25 years of age, shall enjoy the rights and privileges of an Active member except he/she cannot vote or hold office in this Association.  However, an Associate Youth member may upgrade their status to an Active Member by paying Active Member dues.  In doing so, they receive the same rights as an Active Member, including the privilege of being heard (voice), and holding office. A hearing youth wishing to pay Active Member dues may have full privileges, but cannot hold any office in this Association.

d)  HONORARY MEMBER-

Honorary membership must be bestowed upon a person by nomination by the Board of Directors and a two-thirds vote of the members at a regular meeting in recognition for outstanding services or monetary contribution to the Association or to the deaf community.

e)  LIFETIME MEMBER-

A Lifetime Member is an Active Member who has satisfied certain conditions as voted on by the Board of Directors and the members of the Association. Refer to PBCAD Guidelines.

ARTICLE III

Election of Officers

Section 1: An Active member after one year membership shall hold an office. No individual shall hold more than one office at the same time.


Section 2: Nominations for the office of President, Vice-President, Secretary, Treasurer and four (4) Board Members shall take place at the biennial meeting in October followed by an election in November.

Section 3: The Board of Trustees shall be elected to staggered terms. One shall serve one (1) year, another serve for two (2) years and the third for three (3) years.

Section 4: The Immediate Past President, automatically on the list of the Board of Directors, cannot be a chairperson of the Board of Directors.

Section 5: All newly elected officers shall take the following oath at the January general meeting before beginning new business.

"I do hereby pledge myself to abide by the Constitution and Bylaws of the Palm Beach County Association of the Deaf, Inc. and to perform the duties of my office to the best of my knowledge and ability. I swear to keep sensitive information confidential."

Section 6: New chairperson chosen by Board members to a two (2) year term shall run the Board meetings.

Section 7: Nominees/Candidates must be present for the election of office to state their position and goals for the organization.

Section 8: Members must be present to cast their vote. No absentee votes will be counted.

ARTICLE IV

Duties of Officers

Section 1:  The President:


Section 2:  The Vice-President:

Section 3:  The Secretary:

Section 4:  The Treasurer:


Section 5: The Board of Directors

the Vice-President, the Secretary, the Treasurer, and Chairperson of the Board, three (3) Members At-Large, and Past President.

Section 6: All elective officers of the Association, the President, the Vice-President, the Secretary, the Treasurer and Board of Directors' shall be required to attend at least eight

ARTICLE V

Vacancies in Office

Section 1:  Vacancies in office may occur by:

Section 2: Vacancy in the office of President shall be filled by the Vice-President who shall serve until the completion of the term.

Section 3:  Vacancies in other offices shall:

Section 4: An officer of the Association may be impeached by a secret ballot vote of third-fourths (3/4) of the members present at a special meeting at which there shall be at least a fifteen (15%) percent quorum.  Grounds for impeachment are:


ARTICLE VI

Standing Committees

Section 1: The Board of Trustees, elected, shall consist of three (3) members. Their duties to be as follows:

accounts.

Section 2:  The Recreation Committee shall consist of the Recreation Director and two

Section 3:

event to submit the final report by ninety (90) days, the committee shall write a letter to the President and Secretary requesting an extension with good reasons.

Section 4:

Section 5:   The Guardian of the Financial Account(s) shall:


Section 6:  The chair of the Ways and Means shall:

Section 7:  Sergeant-at-Arms during the meeting

Section 8: Advisor

Section 9: House Manager

Section 10: Grievance Committee

panel’s actions.

ARTICLE VII

Meetings

Section 1: Regular meetings of the Association shall be held at least eight (8) times a year on the third Saturday of the month in the afternoon. The time of the meeting shall be decided by the President.

Section 2: A quorum shall consist of fifteen (15%) percent of members including the Board of Directors. Should there be no quorum within one-half (1/2) hour after the meeting is scheduled to start, the presiding officer shall declare that the meeting is canceled.


Section 3: The biennial election meeting shall be held in November. During this meeting, no business shall be transacted other than the reading of the monthly reports, by the officers.

Section 4: The President, upon petition of ten (10) active members in good standing may call a special meeting of the Association between the regular scheduled meetings. The President shall clearly state the objective and purpose of the special meeting. At this meeting, no business except the purpose of the meeting was called for may be conducted. Members must be notified of the meeting at least ten (10) days prior to the meeting.

Section 5: A majority vote shall decide all issues by the members at the general meeting.

Section 6: All meetings of the Association and the Board of Directors shall follow the guidelines as established by Robert's Rules of Order.

ARTICLE VIII

Termination of Membership

Section 1:  Membership in the Association may be terminated as follows:

settled all claims due the Association.

of conduct injurious to the name, peace and interests of the Association that shall be grounds for expulsion. A Certified Letter shall be sent to the offending member requesting his/her presence at the date of a special meeting with the President and the Board. Whether or not the offending member attends, the President and the Board shall make a decision of they should appoint a Grievance Committee.

A second Certified Letter shall be sent outlining the President's, the Board's and the Grievance Committee's (if requested) decision who shall, if their decision is to expel the member in question, bring their recommendation to the next

regular meeting of the Association for action by the members. A three-fourth (3/4) vote of all members present at the meeting shall be necessary for action to be taken. The offending member's rights of due process shall be maintained.


Section 2: Suspension/Probation:

Period of suspension or probation shall be up to one year.

ARTICLE IX

Application for Re-Instatement

Section 1: A person whose membership has been terminated for any reason and who wishes to be reinstated may do so by paying the initiation fee as established at the time of reapplication and comply with those rules stated in Article II of the By-Laws. Any person wishing to apply for reinstatement must settle all indebtedness to the Association prior to submitting an application.

Section 2: A member(s) may be expelled for actions detrimental to PBCAD, including theft, fighting on the property of Palm Beach County Association clubhouse, damages to the clubhouse and to the good name of PBCAD. Application for reinstatement may be made to the Board up to one year. The board may place the person on probation up to one year. After satisfactory performance, the member can be reinstated. Expelled members are barred from the clubhouse, even for public events up to one year.

ARTICLE X

Charges - Suspensions - Expulsions

Section 1: Members who use the name or emblem of the Association for private business or personal purposes may be subject to expulsion and be responsible for any charges and/or legal action connected to that incident.

Section 2: Any member refusing to obey a summons from the Board of Directors shall be subject to suspension from the Association.

Section 3: A member who shows disrespect for President or causes a disturbance at any meeting or club activity may be subject to suspension or expulsion as the case may be.

Section 4: A member damaging Association property shall be responsible for any replacement or repair cost that she or he may incur. Failure to assume such responsibility may result in suspension.


Section 5: Members shall be held accountable for the conduct for their guests. If any incident results in damage by the guest to the club premises, the member shall be responsible for such damage and must reimburse the Association for such damage within forty-eight (48) hours.

Section 6: An officer or a member of the Association against whom charges have been filed for violating the Constitution and Bylaws of the Association, or for breach of trust, embezzlement, fraud, unacceptable behavior, neglect or duty or accusation of being an accessory to an offense against the Association or its members shall be dealt with by the Board of Directors in the following manner:

Section 7: A member shall have the right to appeal when he or she doesn’t agree on the Board’s decision regarding suspension or expulsion or penalty fines. The appeal shall be referred to the Grievance Committee. Grievance Committee shall vote to support or overrule the Board’s decision.

ARTICLE XI

Contracts - Mortgages - Emergencies

Section 1: Contracts:

Ways & Means budget and be duly noted in the minutes.

next scheduled general meeting.

Section 2: Mortgages:

Any mortgages, first or second or related loan shall require approval by members at the next scheduled general meeting.


Section 3: Emergencies:

Officers of PBCAD may respond to emergency situations by approving expenditures of up to $5,000.00 subject to approval by members at the next scheduled general meeting.

If over $5,000.00, an emergency general meeting shall be called as soon as possible to consider the situation.

ARTICLE XII

Amendments

The Bylaws may be amended in the following manner: The proposed changes shall be presented in writing and ready by a member in a good standing with a signed second at the regular meeting of the Association. The proposal shall then be referred to the Law Committee for approval. It shall be presented to the members at the next meeting. The amendment shall be voted upon and must receive at least two-thirds (2/3) vote cast in order to be adopted. If the Law committee does not approve the proposal, it shall so reported to the membership with a rationale for their action. The members may overrule the Law Committee with a majority vote and the proposal will then be voted on and must receive at least two-thirds (2/3) vote to be adopted.

ARTICLE XIII

Dissolution

Upon the affirmative vote of a majority of the Board of Directors and approval of three- fourths (3/4) vote of the active members of the Association, the Association shall, after payment of all liabilities, dispose of all the assets of the corporation exclusively for the purpose and in such manner or to such an organization or organizations organized and operated exclusively for the Deaf, charitable, and/or educational, as shall at the time qualify for exemption under Section 501(c)(3) of the Internal Revenue Code of 1954.

ARTICLE XIV

Order of Business

Order of business shall be:


Law Committee

Carol Trachtenberg, Chairperson
Glenn Juchno

Martin Florsheim

Revised 2019