Updated Maine Chapter Bylaws

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MAINE CHAPTER OF APTA

BYLAWS

ARTICLE I. NAME AND RELATIONSHIP TO THE AMERICAN PHYSICAL

THERAPY ASSOCIATION

Section 1: The name of this organization is the Maine Chapter of the American Physical

Therapy Association, Incorporated, hereinafter referred to as the Chapter, which is a Chapter of the American Physical Therapy Association, hereinafter referred to as the Association.

Section 2: The geographic jurisdiction of the Chapter is within the boundaries of the State of

Maine.

ARTICLE II. OBJECT

The object of the Chapter shall be the object of the Association as stated in the Association bylaws.

ARTICLE III. FUNCTIONS

The functions of the Chapter shall be the same as the functions of the Association as stated in the

Association bylaws.

ARTICLE IV. MEMBERSHIP

Section 1: Categories and Qualifications of Members: The Chapter membership categories and qualifications for Physical Therapist, Retired Physical Therapist, Life

Physical Therapist, Student Physical Therapist, Physical Therapist Assistant,

Retired Physical Therapist Assistant, Life Physical Therapist Assistant, and

Student Physical Therapist Assistant shall be the same as those of the Association.

In addition, the Chapter shall maintain a single Corresponding Member category and a single Corresponding Student Member category with rights and privileges as stated in the Association bylaws.

Section 2: Rights and Privileges of Members: The rights and privileges of the Chapter’s members shall be identical to those established in the Association bylaws.

Physical Therapist Assistant, Retired Physical Therapist Assistant, and Life

Physical Therapist Assistant shall have one (1) vote at Chapter Membership

Meetings.

Section 3: Admission to Membership: Admission to Chapter membership is by assignment by the Association’s Board of Directors.

1 (Adopted 2006; Amended 2013; 2014; 2015)

Section 4: Good Standing: An individual member is in good standing within the meaning of these bylaws if the member is in good standing in the Association.

Section 5: Disciplinary Action

A.

Any member of the Chapter who is suspended by the Association shall have his or her membership privileges suspended in the Chapter. Any member who is expelled from membership in the Association shall be expelled from Chapter membership.

B.

Complaints to the effect that a member has violated the ethical principles or standards of the Association shall be processed in accordance with the

Association’s Procedural Document on Disciplinary Action.

Section 6: Reinstatement: Individuals are reinstated to Chapter membership in accordance with the Association’s Standing Rules. The Chapter may not charge a

ARTICLE V. reinstatement fee.

DISTRICTS AND SPECIAL INTEREST GROUPS

Section 1: The Board of Directors shall divide the State of Maine into districts based on geographic location:

1.

District 1: York, Cumberland, Sagadahoc counties

2.

District 2: Oxford, Franklin, Somerset, Kennebec, Androscoggin counties

3.

District 3: Lincoln, Knox, Waldo, Hancock, Washington, Penobscot, and

Piscataquis counties

4.

District 4: Aroostook County

A.

A district shall:

1.

Further the objectives and functions of the Chapter.

2.

Operate under bylaws or rules of order that shall not be inconsistent with

Chapter or Association bylaws and that shall be approved by the Chapter’s

Board of Directors.

3.

Not establish dues.

4.

Not levy special assessments that carry punitive action or loss of good standing.

5.

Elect a district chairperson to serve on the Board of Directors.

B.

A district of the Chapter may be established and/or dissolved in accordance with the rules and conditions specified by the Chapter’s Board of Directors.

2 (Adopted 2006; Amended 2013; 2014; 2015)

C.

All members shall be assigned to a district based on the preferred mailing address on file with the Association.

D.

Members shall have the right to petition the Board of Directors for reassignment to a district other than that of the address on file.

Section 2: Special Interest Groups

A.

A special interest group:

1.

Shall operate under bylaws or rules of order that shall not be inconsistent with Chapter or Association bylaws and that shall be approved by the

Chapter Board of Directors.

2.

Shall not levy special assessments that carry punitive action or loss of good standing.

B.

A special interest group of the Chapter may be established and/or dissolved in accordance with the rules and conditions specified by the Chapter’s Board of

Directors.

Section 3: Limitations: Districts and special interest groups are subject to the following limitations:

A.

Bylaws and policies of the Association and the Chapter.

B.

No district or special interest group shall profess or imply that it speaks for or represents the Chapter or members other than those currently holding membership

ARTICLE VI. in the district or special interest group unless authorized by the Chapter’s governing body.

MEETINGS

Section 1: Annual Meetings: The Chapter shall hold an Annual Membership Meeting between September 1 and December 31 of each year.

Section 2: Special Meeting(s): Special meetings may be called by the Board of Directors or by written request of any thirty (30) members, provided that thirty (30) days’ notice is given to all members. Attendance is limited to Chapter members and invited guests approved by the Chapter officer.

Section 3: Notice of Meeting Requirements: Thirty (30) days’ notice must be given to all members for annual or special meetings.

Section 4: Quorum: A quorum shall consist of fifteen (15) members

3 (Adopted 2006; Amended 2013; 2014; 2015)

Section 5: Meeting Minutes: All meeting minutes shall be submitted to the Association within 45 days after the date of the meeting.

ARTICLE VII. BOARD OF DIRECTORS

EXECUTIVE COMMITTEE

Section 1: Board of Directors

A.

Composition: The Board of Directors of the Chapter shall consist of the President,

Vice President, Secretary, Treasurer, Chief Delegate, PTA Caucus

Representative, Nominating Committee Chair, and District Chairpersons.

B.

Duties and Responsibilities: It shall be the responsibility of the Board of Directors to:

1.

Carry out the mandates and policies of the Chapter as determined by the resolutions enacted by the membership.

2.

Propose plans for Chapter growth and development.

3.

Perform duties as specified in the Chapter Policy & Procedure Manual, and assume such other duties as delegated by the President and Board of

Directors.

4.

Direct the activities of committees and task forces, except the Nominating and Ethics committees.

5.

Approve committee chair appointments made by the President, except for

Finance, Nominating, and Membership committees.

6.

Be familiar with Chapter core documents (mission, vision, strategic plan, bylaws, budget, policies & procedures) and become familiar with Robert’s

Rules of Order Newly Revised.

7.

Establish task forces to meet specific objectives and appoint chairpersons, as appropriate.

8.

Amend and approve annual budget proposed by the Finance Committee.

9.

Expend corporate funds in compliance with the Chapter’s approved budget.

10.

Prior to the expiration of the term of any member of the Maine Board of

Physical Therapy Examiners, the Board of Directors shall select not less than two nor more than five individuals who are eligible and qualified to serve as member of the Board of Physical Therapy Examiners in Physical

Therapy, and shall submit the names of the individuals so selected the

Governor of the State of Maine for his consideration.

11.

Attend Board of Directors meetings as a voting member of the Board (one vote per director).

C.

Meetings

4 (Adopted 2006; Amended 2013; 2014; 2015)

1.

Regular Meetings: The Board of Directors shall meet at least once each calendar quarter.

2.

Special Meetings: Special meetings of the Board of Directors can be called by the President of the Chapter or by written request of six (6) members of the Board of Directors.

3.

Notice Requirements: Ten (10) days’ notice is required.

4.

Quorum: At all meetings of the Board of Directors, a majority of the voting board members is necessary to constitute a quorum for the transaction of Chapter business. A vote of majority of the members of the

Board present and voting shall be considered to be an act of the Board of

Directors.

5.

Location: The Board of Directors may hold meetings, both regular and special, either within or outside the State of Maine.

6. Compensation: Members of the Board of Directors shall not receive any compensation for their services. They may be entitled to reimbursement of reasonable and necessary expenses, if any, incurred while representing the

Chapter.

Section 2: Board of Directors: Duties and Responsibilities

A.

The President shall:

1.

Assume leadership of the Chapter’s activities in accordance with Chapter bylaws and the membership’s needs and interests.

2.

Preside at and approve agendas for all meetings of the Chapter, Board of

Directors, and Executive Committee.

3.

Call Board of Directors and Executive Committee meetings in accordance with Chapter bylaws.

4.

Act as an advisory non-voting member of all committees and task forces, except the Nominating and Ethics committees.

5.

Be familiar with the duties and responsibilities of the Chapter officers and committee chairpersons and see that such duties and responsibilities are fulfilled in accordance with Chapter bylaws.

6.

Be responsible with the Treasurer for the disbursement of funds.

7.

Serve as the official representative of the Chapter.

8.

Make an annual written report to the Chapter and to the Association.

9.

Once the term as President has ended, serve as a consultant to the incoming President on an as-needed basis.

B.

The Vice President shall:

1.

Be familiar with the Chapter activities and the duties and responsibilities of the President.

2.

Assist the President in the discharge of his/her duties.

3.

Serve as chairperson of the Membership Committee.

5 (Adopted 2006; Amended 2013; 2014; 2015)

C.

The Secretary shall:

1.

Draft agendas for Chapter, Board of Directors, and Executive Committee meetings.

2.

Record and distribute minutes of all Chapter, Board of Directors, and

Executive Committee meetings to meeting participants.

3.

Record motions proposed and passed during Chapter, Board of Directors, and Executive Committee meetings.

4.

Handle amendments to the Chapter bylaws, and serve as a member of the

Ethics Committee.

5.

Be responsible for the Chapter’s correspondence as directed by the

President and maintain records of official action of the Chapter.

D.

The Treasurer shall:

1.

Maintain complete and accurate financial records, and serve as custodian of all funds of the Chapter.

2.

Ensure financial matters are executed in accordance with Chapter policies

& procedures and Association guidelines.

3.

Serve as Finance Committee Chair, and participate in the preparation of the annual budget.

4.

Report to the membership at all regular meetings and at such other times as may be requested by the President.

5.

Report on the financial status of the Chapter at all Board of Directors meetings.

6.

Arrange for self-audit or external audit in accordance with Chapter policies & procedures and Association guidelines, and report results to the

Board of Directors at the end of each fiscal year.

E.

The Chief Delegate shall:

1.

Represent the Chapter in the Association’s House of Delegates, and be responsible for the voting delegation of the Chapter.

2.

Report to the Chapter and Board of Directors on the action of the House of

Delegates.

3.

Seek membership input when considering House of Delegate motions.

4.

Keep notes of Chapter action throughout the year to guide participation in the House of Delegates.

5.

Present to the House of Delegates any resolutions or other matters regarding national policy that the Chapter wishes to be discussed.

F.

The PTA Caucus Representative shall:

6 (Adopted 2006; Amended 2013; 2014; 2015)

1.

Attend the meetings of the PTA Caucus on behalf of the Chapter.

2.

Present to the PTA Caucus such matters as approved by the Board of

Directors.

3.

Report to the Board of Directors and membership on the action of the PTA

Caucus.

4.

Serve as a member of the Membership Committee.

G.

The District Chairpersons shall:

1.

Serve as a representative of the District membership to the Board of

Directors.

2.

Serve as representative of the Board of Directors to the District membership.

3.

Serve on the Membership Committee.

H.

The Nominating Committee Chair shall:

1.

Direct the Nominating Committee in their duties.

Section 3: Terms and Vacancies

A.

The Term of Office for President, Vice President, Secretary, Treasurer, and

District Chairs shall be two (2) years or until the election and installation of a successor. Officers may be re-elected for one successive term to the same office.

B.

The Term of Office for Chief Delegate shall be two (2) years or until the election and installation of a successor. There are no term limits for Chief Delegate.

C.

The Term of Office for the PTA Caucus Representative shall be two (2) years or until the election and installation of a successor. There are no term limits for the

PTA Caucus Representative.

D.

The Term of Office for the Nominating Committee Chair shall be one (1) year or until the installation of a successor. Nominating Committee members shall serve a three (3)-year term, with the next-most-senior member of the committee automatically assuming the duties, position, and title of Chairperson.

E.

The election of officers shall be held at the Annual Membership Meeting. Officers shall assume office on the following January 1, and shall hold office until

December 31 of the year their successors are elected.

F.

If, before the expiration of the term for which elected, the President dies, resigns, is removed, or becomes disqualified, the Vice President will succeed to the office of President to fulfill the remainder of the President’s term.

7 (Adopted 2006; Amended 2013; 2014; 2015)

G.

If, before the expiration of the term for which elected, another member of the

Board of Directors dies, resigns, is removed, or becomes disqualified, a member shall be appointed by the Board of Directors to fulfill the remainder of the Board member’s term, and the position shall be added to the next election cycle. The fulfillment of the remainder of the Board member’s term due to a vacancy shall not count toward any term limits described herein, unless the appointment is made before the term actually starts.

Section 4: Qualifications

A.

Only such members of the Chapter as are provided for in the Association Bylaws,

Article IV, Section 2, subparagraph B.(3)b, who have been members in good standing for at least 2 years prior to the election and who have consented to serve, shall be eligible for election to office. Physical Therapist Assistants, Retired

Physical Therapist Assistants, and Life Physical Therapist Assistants may hold office subject to the limitations specified in the Association Bylaws, Article V,

Section 4, subparagraph C.

B.

No two Board of Director positions may be held by the same member concurrently, but Board members may serve on committees, task forces, etc.

C.

The nominees for President shall have held a prior office or committee post at the component level of the Association.

D.

To be eligible as a nominee for a District Chairperson, a candidate must reside or work in the district to be represented.

Section 5: Executive Committee

A.

Composition: The Executive Committee of the Chapter shall be President, Vice

President, Secretary, Treasurer, and Chief Delegate.

B.

Duties and Responsibilities: The Executive Committee shall, in addition to the duties otherwise imposed by these bylaws:

1.

Provide for the development and maintenance of procedural documents, with approval by the Chapter Board of Directors.

2.

Conduct urgent business on behalf of the Chapter between Board meetings.

C.

Executive Committee Meetings

8 (Adopted 2006; Amended 2013; 2014; 2015)

1. Special meetings: Special meetings of the Executive Committee can be called by the President of the Chapter or by request of three (3) members of the committee, with three (3) days’ notice required and notification of the Board of Directors.

3.

Quorum: Three (3) members shall constitute a quorum.

ARTICLE VIII. COMMITTEES

Section 1. The Finance Committee:

A.

Composition, Terms, Vacancies: The Finance Committee shall consist of the current Chapter Treasurer, who shall serve as chair, plus immediate past

Treasurer, Chapter President, and one additional member appointed by the Board of Directors. There are no term limits on Finance Committee members. In the event of a vacancy, a new committee member will be appointed by the Board of

Directors. (Treasurer Responsibilities may be found under Board of Directors.)

B.

Duties and Responsibilities:

1.

Advise Board of Directors on matters pertaining to financial needs, growth, and stability.

2.

Obtain input from all Board members and Committee Chairs, and present a draft budget for the upcoming year for discussion and approval by the

Chapter Board of Directors.

3.

Be responsible for the Chapter’s activities in the areas of fundraising, investments, financial planning, and insurance.

Section 2. The Ethics Committee:

A.

Composition, Terms, Vacancies: The Ethics Committee shall be a three (3)person committee. One person shall be appointed annually by the Board of

Directors immediately after the Annual Membership Meeting to serve a two (2) year term or until their successor is appointed. In the event of a vacancy, a new member will be appointed by the Board of Directors. The individual with the most seniority in the committee shall serve as chairperson. (In the event two or more members have comparable seniority, the Board of Directors may decide who will serve as Chair of the Ethics Committee.)

B.

Duties and Responsibilities: The committee shall be charged with investigating any ethics complaints according to the Association’s stated procedures.

Section 3. The Nominating Committee:

9 (Adopted 2006; Amended 2013; 2014; 2015)

A.

Composition, Terms, Vacancies: The Nominating Committee shall consist of three (3) members of the Chapter who will be elected by the membership.

Physical Therapist, Retired Physical Therapist, Life Physical Therapist, Physical

Therapist Assistant, Retired Physical Therapist Assistant, and Life Physical

Therapist Assistant chapter members in good standing are eligible to serve on the nominating committee.

Each member shall serve a three (3) year term, with the longest-serving member of the committee serving as chair. If an elected member of the Nominating Committee cannot serve, a replacement will be appointed by the Chapter Board of Directors until an election can be held. (Nominating

Committee Chair responsibilities may be found under Board of Directors.)

B.

Duties and Responsibilities:

1.

Prepare a slate of nominees consisting of at least two (2) names, if possible, for each office. Only Chapter members meeting the qualifications for office and consenting to serve shall be considered by the committee.

2.

Distribute a draft slate of nominees to the membership at least sixty (60) days prior to the Annual Membership Meeting to allow for nominations from the floor by petition of ten (10) members.

3.

Distribute the final slate of nominees to the membership at least thirty (30) days prior to the Annual Membership Meeting.

4.

Share election results with membership once ballot counts are validated, or within forty-five (45) days.

5.

Recruit members to participate in Chapter committees and/or be nominated for Chapter awards.

6.

Recruit Chapter members for Association offices.

7.

Coordinate Chapter nominations for honorary memberships and awards through the Association.

Section 4. Such other committees, standing or special, may be appointed by the President, with the approval of the Board of Directors, as the Chapter or Board of Directors deems necessary to carry on the work of the Chapter. Details of all standing and

ARTICLE IX. special committees, including terms and duties and responsibilities, can be found in the policies & procedures manual.

DELEGATES TO THE ASSOCIATION’S HOUSE OF DELEGATES

Section 1: Qualifications

A. The qualifications of delegates shall be as stated in the Association bylaws

B. A Chapter Delegate may not, in the same year, serve as Section or Assembly

Delegate.

10 (Adopted 2006; Amended 2013; 2014; 2015)

C. The Chapter shall notify Association headquarters of the names of Chapter

Delegates, as required by the Association and the Standing Rules of the House of

Delegates.

D. The Chapter must be represented in the House of Delegates at least every third year.

Section 2: Selection Process

Prior to the annual session of the House of Delegates of the Association, the Chapter Board of

Directors shall select the additional number of delegates to which the Chapter is entitled. The

Chapter Board of Directors may also select the alternate Delegates.

Section 3: Duties of Delegates

A.

Attend the annual and special meetings of the House of Delegates of the Association.

B.

Present to the House of Delegates such matters as are approved by the Chapter Board of

Directors.

C.

Review pertinent material to be brought before the House of Delegates.

D.

Chief Delegate responsibilities may be found under Board of Directors.

E.

The President may serve as Alternate Delegate if the Chief Delegate is not available.

Section 4: Voting

Delegate(s) attending the annual session of the House of Delegates shall have the right to cast vote(s) on behalf of any delegate(s) not in attendance in accordance with

Association bylaws.

ARTICLE X. REPRESENTATIVE TO THE PTA CAUCUS

Section 1: Qualifications

A. The qualifications of the representative shall be as stated in the APTA Board policies and procedures.

B. The Chapter shall notify Association headquarters of the Representative as required by the Association.

Section 2: Duties and Responsibilities of the PTA Caucus Representative may be found under Board of Directors.

11 (Adopted 2006; Amended 2013; 2014; 2015)

ARTICLE XI. ELECTIONS

Section 1: Procedures

A.

The Board of Directors and members of the Nominating Committee shall be elected by the Chapter membership.

B.

Election procedures shall be detailed in the chapter policy manual and conducted in accordance with the current edition of

Robert’s Rules of Order Newly Revised

.

C.

Elections shall be held by mail or electronic ballot. When two (2) candidates seek office, the candidate with the majority of votes cast shall be declared elected.

When there are three (3) or more candidates for office, election shall be determined by preferential voting. In the case of a tie, the Chapter Board of

Directors shall decide by the drawing of straws. Election results shall be shared with membership once ballot counts are validated, or within forty-five (45) days.

D.

In even-numbered years, elections shall be conducted for the offices of President,

Secretary, Chief Delegate, District I Chair, District II Chair, and one member of the Nominating Committee.

E.

In odd-numbered years, elections shall be conducted for the offices of Vice

President, Treasurer, Delegate, PTA Caucus Representative, District III Chair,

District IV Chair, and one member of the Nominating Committee.

F.

A draft slate of nominees will be distributed to the membership at least sixty (60) days prior to the Annual Membership Meeting to allow for nominations from the floor by petition of ten (10) members. The final slate of nominees will be distributed to the membership at least thirty (30) days prior to the Annual

Membership Meeting with a clear deadline on the return of votes. A minimum of twenty-five (25) ballots (including any abstentions) must be returned for an election to be valid.

G.

For election of District Chairpersons, only members of a district will be allowed to cast votes for that district’s director.

H.

For election of PTA Caucus Representative, only PTA Chapter members will be allowed to cast votes.

ARTICLE XII. FINANCE

Section 1: Fiscal Year

The fiscal year of the Chapter shall be January 1 through December 31.

12 (Adopted 2006; Amended 2013; 2014; 2015)

Section 2: Limitation on Expenditures

No officer, employee, or committee shall expend any money not provided in the budget as adopted, or spend any money in excess of the budget allotment, except by order of the Chapter’s

Board of Directors. The Board of Directors shall not commit the Chapter to any financial obligation in excess of its current financial resources.

Section 3: Dues

A.

Annual Chapter membership dues shall be as follows:

$85 for Physical Therapist members

$45 for Physical Therapist Assistant members

$0 for Life Physical Therapist and Life Physical Therapist Assistant members

$40 for Retired Physical Therapist members

$20 for Retired Physical Therapist Assistant members

$0 for Student Physical Therapist, Student Physical Therapist Assistant,

Corresponding Student, and Physical Therapy Post-Professional Student members

$15 for Corresponding members

B. Student Physical Therapist and Student Physical Therapist Assistant member dues are for 12 months from the time of renewal or join date. As of the last day of the graduation month, the student or student affiliate member automatically converts to the Physical Therapist or Physical Therapist Assistant member category for the remainder of the 12 months of membership. Once the membership expires, these new Physical Therapist and Physical Therapist Assistant members are eligible for one year of membership at 50% of the Association and Chapter dues rates for a

Physical Therapist or Physical Therapist Assistant member.

C.

All dues shall be for the period specified in the Association’s bylaws and shall be payable following the Association’s schedule.

D.

All dues changes approved by the Chapter membership and approved by the

Association’s Board of Directors before the Association’s deadline will become effective on the first day of the Association’s next fiscal year.

E.

The Board of Directors may offer reduced rates for Chapter dues as an incentive to promote membership.

13 (Adopted 2006; Amended 2013; 2014; 2015)

Section 4: The Chapter shall submit its annual financial statements, tax returns, and audit report to the Association when and as directed by the Association.

Section 5: Tax-Exempt Status

The Chapter is organized and is to operate as a nonprofit organization. It is intended that the

Chapter will qualify at all times as an organization exempt from Federal Income Tax under

Section 501A of the Internal Revenue Code of 1954, as amended by qualification described in

Section 501C(3) of the Code. No part of the net earnings of the Chapter shall benefit or be distributed to its members, directors, officers, or other private persons, except that Chapter for services rendered to the Chapter and to make payments and distributions in furtherance of the purposes set forth in these bylaws.

ARTICLE XIII. DISSOLUTION

In the event that the Chapter is dissolved for any reason, the Board of Directors shall transfer all assets of the Chapter in its possession, after the payment of its bona fide debts, to the

Association; provided that such distribution does not contravene any provision of applicable law or the Corporation’s Articles of Incorporation.

ARTICLE XIV. PARLIAMENTARY AUTHORITY

The rules contained in the current edition of Robert’s Rules of Order, Newly Revised , shall govern the Chapter in all cases to which they are not inconsistent with these bylaws and any special rules of order adopted by the Chapter.

ARTICLE XV. AMENDMENTS

These bylaws may be amended at the Chapter’s Annual Membership Meeting provided that notice and quorum, as defined in Article VI, have been attained.

If the intent of an amendment is editorial or to bring the Chapter’s bylaws into agreement with those of the Association, the amendment shall be made as required and shared with the Chapter

Board of Directors, which shall notify the Chapter’s membership that such amendments have been made.

Amendments to the Chapter’s bylaws become effective upon approval in writing by the

Association’s Board of Directors. (Exception: changes in Chapter dues become effective on the first day of the Association’s fiscal year following approval.)

ARTICLE XVI. ASSOCIATION AS HIGHER AUTHORITY

In addition to these Chapter bylaws, the Chapter is governed by the Association’s bylaws and standing rules, and by the Association’s House of Delegates and Board of Directors policies.

14 (Adopted 2006; Amended 2013; 2014; 2015)

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