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CONSTITUTION Article I – Name and Object of Society Section I – The Society shall be known as the Hispanic Society, Inc., of the New York City Department of Correction. Section II – The object of the Society shall be to promote and foster among all Members of the New York City Department of Correction, a fraternal and neighborly spirit, thereby, creating a more harmonious working relationship within the Department and the Community. Section III – The Society shall at all times encourage and support the free and open exchange of ideas among all its Members in so far as they are consistent with the Society’s Constitution and By-Laws. Section IV – The Society shall actively develop, promote and support programs designed for raising the level of professionalism and job advancement of all Active Members, providing however, that these programs do not conflict and are consistent with the objectives of the Society and its Constitution and By-Laws. Section V – The Society shall endeavor to promote the social welfare of all its Members. Article II – Qualification of Members Section I – Any Member of the New York City Department of Correction shall be eligible for membership in the Society upon written application and the approval of same, by a 2/3 Majority of the Executive Board. Section II – Only Members of Hispanic descent shall be eligible to hold Elective Office within the Society, cast a ballot on issues or motions before the floor or to participate in the General Election of the Society’s Executive Board. Section III – For the purpose of establishing Hispanic Descent as referred to in Article I, Section II; the Society shall be governed by the following criteria;
Section IV – Whenever a Members lineage is challenged, it shall be incumbent upon the affected party to produce the necessary documents attesting to his or her Hispanic heritage. Furthermore, until such time as these documents are produced, the affected party shall be ineligible to cast a ballot on issues or motions before the Society or to participate in the General Election. Article III – Officers, their election and duties Section I – The Elected Official of the Society shall consist of;
Section II – The Officers of the Society shall be elected for a term of (2) two years, commencing in January of even years. Any Hispanic Member in good standing shall be eligible for nomination and Election as an Officer of the Society, providing however, that the individual has been a Member of the Society in good standing for a period of at least (1) one year. Section III – All nominations for Officers of the Society shall be made from the floor at the first General Membership meeting in November preceding an election year. Section IV – Elections for Officers of the Society shall be made by secret ballot, which shall contain the names of all the nominees and Office for which they were nominated. Ballots shall be mailed to all Hispanic Members of the Society within (2) two weeks after the nominations have been accepted. Section V – All ballots must be post marked and received no later than December 15th of the election year, to the designated place as determined by the Board of Trustees. Section VI – The Board of Trustees, herein after referred to as the Election Committee, shall be empowered to ensure that all provisions of the Constitution and By-Law relative to the electoral process of the Society are complied with in their entirety. Furthermore, the Election Committee shall also be empowered to rule on any and all challenges relative to the Electoral process, when such challenge is made by a Hispanic Member of the Society, providing however, that such challenge is made in a timely fashion but no later than (30) thirty days following the Official announcement of the election results. All rulings and determinations arrived at by the Election Committee shall be consistent with the Constitution and By-Laws of the Society. Section VII – All rulings arrived by the Election Committee relative to the electoral process of the Society, shall be final and binding on all Members of the Society. Section VIII – It shall be the responsibility of the Executive Secretary to provide, to the Election Committee, all records, documents and any other material deemed necessary by the Election Committee for the efficient operation of the electoral process. These items shall be provided in a timely fashion, but no later than (48) forty eight hours after the nominations have been accepted. Section IX – The Election of Officers of the Society shall be by a plurality of all the votes cast by the Membership eligible to participate in the election process. Duly elected Officers of the Society may hold consecutive terms of Office and no limit as to the number of terms shall be imposed. Section X – The President; as Chief Executive Officer of the Society, shall preside at all meetings of the Society, its Executive Board, Board of Trustees and Delegates. He or she shall appoint all Committees of which he or she shall be an Ex-officio Member. The President shall be empowered to sign in the name of the Society all contracts and other instruments, which are authorized from time to time by the Executive Board. The President, subject to the control of the Executive Board, shall be responsible for the management and affairs of the Society and perform the duties incidental to the Office. Section XI – The Executive Vice-President; shall assist the President in the performance of his or her duties and shall perform the duties of the President in his or her absence. In case of the removal of the president from Office, or of his or her death, resignation or inability to discharge the powers and duties of the Office, the same shall devolve on the Executive Vice-President. The Executive Vice-President will act as Chairman of all Committees and as such will meet at least once a month with all committees and report as soon as possible to the president and the Executive Board on the progress of all Committees. Section XII – The Vice-President of Finance; shall in the absence of the President or Executive Vice-President perform the duties of the Office of the President. He or she shall be responsible for recruiting new Members and for the operation of the Society’s Welfare and Entertainment Committees and will give a full account as to the status and progress of these committees on a monthly basis to the President and the Executive Board. Section XIII- The Vice-President; shall assist the Vice-President of Finance in the performance of his or her duties and shall perform the duties of the Vice-President of Finance in his or her absence. In case of the removal of the Vice-President of Finance from Office or of his or her death, resignation or inability to discharge the powers and duties of the Office, the same shall devolve on the Vice-President. Section XIV – The Treasurer; shall have care and custody of all funds and securities of the Society and shall deposit such funds in the name of the Society in the Bank or trust company as the Executive Board may determine. All disbursements shall be by Check and signed by both the treasurer and the president. The treasurer’s accounts shall at all times be subject to examination by any Member of the Executive Board. The Treasurer shall also inspect books of accounts maintained by other individuals or companies having access to Society monies. Within (3) three months after the end of each fiscal year the Treasurer shall cause to be transmitted to each member in good standing an annual report of operations and a balance sheet of the society, which shall be certified as to its authenticity by an auditing committee appointed by the Executive Board. In the absence or inability of the Treasurer to perform the duties of his or her Office the Sub-Treasurer shall have all the powers and perform all the duties of the Treasurer. Section XV – The Sub-Treasurer; shall assist the Treasurer in the performance of his or her duties and in the absence or inability of the Treasurer shall assume all the duties and powers of that Office. He or she shall be responsible for maintaining an accurate list of the names and addresses of Members and for the collection of all Membership dues and any assessments which may have been imposed by the Executive Board. He or she shall cause to be delivered to the Treasurer, all monies received by him or her in a timely fashion and obtaining a receipt for such monies. He or she shall also perform any other duties, which may from time to time be assigned by the President or the Executive Board. Section XVI – The Executive Secretary; shall keep accurate minutes of all Meetings of the Society, its Executive Board, Board of Trustees and Delegate meetings. He or she shall be responsible for the mailing of meeting notices to the General Membership and any other duties as may be assigned by the President or the Executive Board. Section XVII – The Corresponding Secretary; shall in the absence or inability of the Executive Secretary, have all the powers and perform all the duties of the Executive Secretary. He or she shall be responsible for maintaining an accurate roll of all Members attending meetings, maintaining an accurate mailing list of all Society Members and for maintenance of all Society records. He or she shall also perform all other duties as may be assigned by the President or the Executive Board. Section XVIII – The Sergeant-at-Arms & Historian; shall at the direction of the President be responsible for maintaining order at all Meetings of the Society and shall be empowered at the direction of the President and only the President, to use whatever force is necessary to remove any person who is not Authorized to be present during a meeting, if however, in enforcing the Order he or she uses harsher force than is necessary to remove the person, then he or she and he or she alone shall be liable to prosecution. As part of his or her duties the Sergeant-at-Arms shall act as Historian for the Society and as such shall maintain a record of all functions, happenings and or occurrences of the Society that may be considered of historical significance to the Society. Article IV – Meetings of the Society Section I – General Membership meetings of the Society shall be held once a month on the second Tuesday of that month and at a time and place designed by the Executive Board. All General Membership meetings shall start no later than (15) fifteen minutes than the announced time, as indicated by the monthly Bulletin. The first General Membership meeting shall be in January of each year and there shall be no General Membership meetings held during the months of July and August. or Members Section II – Special Membership meetings may be called at any time by the President, a majority of the Executive Board or whenever requested in writing to the Executive Secretary by (20) twenty or more Hispanic members in good standing. The Executive Secretary shall cause a notice of such special meeting, stating the time, place, purpose thereof and the Officer by whom the meeting was requested to be delivered to the Membership. Section III – No other business other than that stated in the notice of Special General Membership meeting issued by the Executive Secretary, shall be transacted at such meeting. Section IV – Twenty (20) Hispanic Members in good standing shall constitute a quorum for the transaction of business at a General Membership or special meeting. Article V – Amendments to the Constitution Section I – This Constitution shall be in force from its adoption date and the previous Constitution shall there upon cease to be in effect. The Constitution can be amended in any month by a two thirds vote of the Hispanic Members present at a General Membership meeting of the Society, providing that the amendment change to be voted upon has been presented in writing and subscribed to by no fewer than (20) twenty Hispanic Members in good standing and that the amendment change has been read at (3) three consecutive General Membership meetings before a vote is taken to amend the Constitution.
BY-LAWS Article I – Order of Business Section I – The order of business at all regular Society Meetings shall be as follows:
Section II – The Order of Business of the Society may be changed at any meeting by a majority vote of the Membership present. Section III – The standards of Robert’s Rules of Order, shall govern the meetings of the Society, its Executive Board, Board of Trustees and Delegates, in so far as they are applicable and consistent with the Society’s Constitution and By-Laws. Article II – Revenue, Dues and Assessments Section I – The revenue of the Society shall be derived from:
Section II – All new and existing Members of the Society shall be required to pay an annual sum of ($20.00) twenty-dollars to the New York City Department of Correction Hispanic Society, Inc., for Membership in the Society. Section III – Any Society Member whose dues are in arrears for a period of (4) four months shall be considered a suspended Member and no longer a Member in good standing. Any suspended Member shall, also forfeit all privileges and rights which he or she would have otherwise been entitled too as a Member in good standing. Section IV – Any Member who has been declared a suspended Member for non-payment of dues, may upon application to the Executive Board be reinstated providing, however, that all dues in arrears are paid in full. Furthermore, any Member who has been reinstated must, for a period of (2) two years from the date of reinstatement remain a member in good standing before he or she can once again be eligible to seek or hold any Elective Office. Section V – For the purpose of establishing a Member in good standing as referred to in Article II, Section III, of the By-Laws and Article III, Section II of the Constitution, the Society shall be guided by the following criteria;
Article III – Vacancies and Misconduct Proceedings Section I – Any vacancy occurring in any Elective Office shall be filled by ascension, as dictated by the Executive Board. Section II – Any elected Officer or Member who is absent for (3) three Consecutive General Membership Meetings may by resolution of the Executive Board be removed from Office and or the rolls of the Society. Providing that the affected Member has had at least (1) one month’s prior notice in order to show why he or she should not be removed. Section III – Whenever charges of misconduct are preferred against any Member, they shall be filed, in writing with the Secretary and a written copy of the charges, specifying the nature of the Offense, shall be served by the Secretary upon the accused, either personally or by Registered Mail. The accused Member or Officer shall be entitled to a hearing before the Executive Board, which shall have the power to call witnesses and conduct an investigation into the charges. The accused Member may introduce rebutting testimony and may have another Member act as counsel to represent and present the defense. Section IV – Upon presentation of a report by the Executive Board, the Society, at its discretion, may dismiss the charges or may censure, suspend, expel or remove from Office any Member charged with misconduct. However, before such action, the accused Member may take his or her defense before the Society shall at a regular or special meeting. The decision of the Society shall be final and conclusive and no further review or appeal shall be permitted. Section V – Any action to dismiss charges of misconduct or to censure, suspend, expel or remove from Office any Member shall require a majority vote of the Membership present at the Regular or Special Membership Meeting called for that purpose. Article IV – Funds Section I – The funds of the Society shall consist of the;
Section II – All funds mentioned in Article IV, Section I of the By-Laws shall be deposited in separate accounts and maintained by the Society’s Treasurer. Section III – The Benefit Fund; shall be administered by the Executive Board and used exclusively for the purpose of providing a ($500.00) five hundred dollar death benefit to all active and retired Members in good standing. Section IV – The Scholarship Fund; shall be administered by the Board of Trustees and used exclusively for the purpose of providing a one time ($1000.00) one thousand dollar grant to any dependent of an active or retired member in good standing with the highest grade point average as determined by the Board of Trustees. Furthermore, prior to receiving the grand the recipient must have been accepted by a duly accredited college or university. Section V – For the purpose of Article IV, Section IV; the term dependent shall mean each of you children. The term children also includes any child who is related to a Member by blood or marriage; and any other child if that child lives in the Member’s Household in a parent-child relationship and is dependent on the Member for support. Section VI – The Contingent Fund; shall be administered by the Executive Board and used exclusively for the purpose of payment of all Society expenses and the proper maintenance of the Society. Section VII – The Investment Fund; shall be administered by the Executive Board and Consist of a minimum of (10%) ten percent of the Society’s net revenue. The nature and type of investment made with these funds shall require the approval of 2/3 of the Executive Board. Section VIII – The Expense Fund; shall be administered by the Executive Board and used exclusively for the purpose of reimbursing Executive Board Members for any out of pocket expense incurred while promoting the business of the Society. However, all expenses incurred by an Executive Board Member must be documented and submitted to the Society’s Treasurer for approval and reimbursement. Article V – Board of Trustees Section I – The Board of Trustees shall consist of all former Presidents of the New York City Department of Correction Hispanic Society, Inc., however, any former President of the New York City Department of Correction Hispanic Society, Inc., who is still an active Member of the New York City Department of Correction, shall be ineligible to be a Member of the Board of Trustees. Section II – Any Member of the Board of trustees not now in compliance with Article V, Section I, of the By-Laws shall on the effective Date of these By-Laws cease to be a Member of the Board of Trustees.
Article VI – Retired Members Section I – Any retired Member in good standing may upon payment of all Dues continue as a Member in the New York City Department of Correction Hispanic Society, Inc., and shall continue to derive all the benefits and privileges of the Society’s Benefit and Scholarship Funds. With the special exception of Section II of this Article, they cannot however, hold any Elective Office or cast any ballot or vote, but shall have the right to voice their opinion and concerns on any subject or issues on the floor during any Society General Membership Meeting. Section II – A Member of the Executive Board who would enter into retirement status prior to completing his or her term of Office, must notify the Executive Board body in writing (30) thirty days prior to his or her off the book status with the Department of Correction. Said Board Member would then be granted the option of either remaining on the Board to complete his or her term of Office, or resign upon a written notice to the Executive Board. If said Board Member chooses to remain to complete his or her term of Office, then he or she must continue to abide to the rules and conditions in Article III of the Constitution and the provisions as stated in Article III of the By-Law, and upon completing his or her term of Office, then Article V, and Article VI, Section I of the By-Laws will apply to that Board Member. Article VII – Amendments to the By-Laws Section I - These By-Laws shall be in force from its adoption date and the previous By-Laws shall there upon cease to be in effect. The By-Laws can be amended in any month by a two thirds vote of the Hispanic Members present at a General Membership meeting of the Society, providing that the amendment change to be voted upon has been presented in writing and subscribed to by no fewer than (20) twenty Hispanic Members in good standing and that the amendment change has been read at (3) three consecutive General Membership meetings before a vote is taken to amend the By-Laws. Section II- These By-Laws shall be in force and effective from its adoption date April 9th, 2002. The previous By-Laws shall thereupon cease to be in effect.
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