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Maryland Criminal Justice Association
CONSTITUTION
Article I - Name
The name of the Association is the Maryland Criminal Justice Association (MCJA). MCJA is
the Maryland dual-membership chapter of the American Correctional Association (ACA).
Article II - Organization
The MCJA shall be incorporated as a non-profit organization under the laws of the State of Maryland.
Article III - Purposes and Objectives
The purposes and
objectives of the MCJA are as follows:
- To provide a professional association of persons, agencies and organizations, both
public and private, who hold in common the goal of bettering the professions of
criminal justice and enhancing their contribution to those professions.
- To encourage enrollment of persons, agencies and organizations, whose areas of
interest, expertise and concern have commonality within criminal justice fields
and whose goals and principles are consistent with the MCJA.
- To establish a Mission and promulgate and promote policies consistent with this Constitution and its
Bylaws.
- To publish and distribute a newsletter and other information such as a website.
- To conduct and/or sponsor training conferences and meetings.
- To promote recognition of criminal justice professions and those who work in these
professions.
- To promulgate and promote a code of ethics applicable to its members.
- To recognize professional development by awarding scholarships to universities and
higher education for students in the criminal justice curricula.
- Todevelop and maintain liaisons with national associations for mutual assistance
and the interchange of ideas and information.
- To promote ACA and Maryland standards relating to services, facilities and management within the criminal
justice fields.
- To review legislative and statutory matters being considered before the state
legislature and courts respectively, relating to the fields of criminal justice
to include but not limited to corrections, parole and probation, court services
and juvenile justice services.
Article IV -
Non-Discrimination
The business affairs and the programs of the MCJA shall be conducted on a non-discriminatory
basis. Membership shall be available to anyone regardless of age, race,
religion, color, national origin, marital status, disability, gender, sexual
orientation or veteran status. The MCJA shall require non-discriminatory
activities and programs by its membership.
Article V - Membership
Individuals and organizations shall be admitted to membership in the MCJA as provided in the
Bylaws.
Article VI - Benefits and Dissolution
The MCJA is not organized for profit and no part of its net earnings shall inure to the benefit of any
officer, employee or individual. No officer, employee or individual of
the MCJA or private individual, shall receive or be entitled to receive any
income of any kind, except for reasonable compensation for services rendered to or for the MCJA in effecting one or more
of its purposes.
No officer or employee of the MCJA or private individual shall be entitled to share in the distribution
of MCJA property or assets in the event of liquidation or dissolution of the
MCJA, whether voluntary or involuntary, and in such event all of the remaining
property and assets of the MCJA shall, after deducting all necessary expenses
of liquidation or dissolution, as the case may be, be distributed to such
organizations as shall qualify under Section 501 (c) (3) of the Internal
Revenue Code of 1954 (or the corresponding provision of any future United
States Internal Revenue Law). Any such property and asset not so disposed
of shall be disposed of by the Court of the county in which the principal
office of the organization is then located, exclusively for such organization or
organizations, as said Court shall determine, which are organized and operated
exclusively for such purpose.
Article VII - Amendments
This Constitution may be
amended by the action of the membership. An amendment may be suggested by the
recommendation of the MCJA Board or by petition to the President signed by
twenty-five (25) by members in good standing of the MCJA.
Notice containing the
full text of any proposed amendment shall be given to the membership, in
writing, at least 15 days and not more than 45 days prior to the annual or
spring conferences
The proposed amendment
shall be presented, by written ballot, to the membership at the annual or
spring conferences, and upon two-thirds affirmative vote of those voting, the
amendment shall be approved and effective.
Article VIII -
Headquarters
The principal office of
the MCJA is in the State of Maryland.
The MCJA shall designate a registered office in accordance with the
Not-for-Profit Corporation Law of the State of Maryland and shall maintain it.
Approved: 09/05/03
Maryland Criminal Justice Association
BY-LAWS
Article I - MISSION STATEMENT
The Mission of the Maryland Criminal Justice Association (MCJA) is to
foster professionalism within the field of criminal justice and to provide
opportunities for development to its membership.
Article II - MEMBERSHIP
- Membership shall be open to all persons who are interested in and supportive of
the MCJA, subscribe to its Constitution and Bylaws, and pay annual dues.
- Membership in the MCJA shall be of three types:
- Dual: Person employed in the fields of criminal
justice in Maryland with joint membership in the American Correctional Association (ACA) and
privileges of ACA, depending on the level of membership as designated by ACA
Professional I, Professional II, or Executive Gold.
- Associate: Person not employed in the fields of
criminal justice in Maryland,but who is interested in MCJA (e.g. student, volunteer, retired professional)
and has limited membership privileges in ACA membership designated as an
Associate.
- Other Considerations: As established by ACA (e.g.
supporting patrons, organizations, library, affiliates).
- Application must be upon the form accepted, prescribed, and furnished by ACA or
MCJA Executive Board.
- MCJAmembership rights for those members whose dues are paid-in-full for the current
membership year are as follows:
- Dual: Eligible to hold certain elective offices;vote at conferences; receive publications; and attend conferences at a reduced registration fee. Additional membership privileges accrue with ACA
depending on the level of membership.
- Associate: Same membership rights as a MCJA
Dual member and those rights accruing with ACA Associate membership, except
they cannot hold elected office or vote.
- Membership dues shall be for the current membership year as determined by ACA
requirements or options.
- The MCJA Executive Committee shall have the power and responsibility to terminate
the membership of any MCJA member for non-payment of dues or for behavior that
conflicts with either the ACA Code of Ethics or MCJA’s Constitution or
Bylaws.
Article III - EXECUTIVE COMMITTEE
- The MCJA Executive Committee (Committee) shall consist of the following:
- Elected Officers as established in Article V of these Bylaws and
- The Past President.
- The MCJA Board of Directors (Board) shall consist of the following:
- The Executive Committee
- Standing Committee Chairpersons as established in Article
VII of these Bylaws; and
- Liaisons as established in Article VIII of these
Bylaws.
- Members of the MCJA shall be in good standing in order to fill one of the above
positions.
- The Committee and Board shall provide oversight of the President.
- The Committee shall assign additional duties to the Board.
- The Board may declare a vacancy when a member of the Board does not attend at
least half of the yearly scheduled meetings. This does not apply to
members who have made appropriate prior notification or have extenuating
circumstances that have been presented to the Board.
- In the event a Board member does not attend the requisite meetings, the
President Elect will notify, in writing, that member of the Board’s
right, at the next scheduled meeting, to declare a vacancy of that
member’s Board position.
- If an Elected Officer does not attend the requisite meetings, the President
shall provide such notice.
- The member receiving notice shall have the opportunity to explain his/her lack
of attendance. If any member provides such notice then he/she shall
report that action at the next Board meeting. A Board member may then move to
declare such vacancy and a vote may follow. If a vacancy is declared, then it
is filled according to these Bylaws.
- The Board shall serve as a governing board with the power to transact business
and determine programs and policies of the MCJA between annual meetings. The
Board may authorize the President to enter into or execute any contract or any
other instrument in the name of and on behalf of the MCJA.
- At least three months prior to the start of a new fiscal year the Board shall approve,
by vote, the MCJA annual budget. The fiscal year of the MCJA shall be from
January 1 through December 31.
- The President as established in Article V of these Bylaws shall schedule board
meetings and the President as necessary may schedule such other meetings.
One of the meetings shall be an annual meeting and take place in conjunction
with the spring or annual conference.
- Robert’s Rules of Order Newly Revised shall be the rules of order for
the orderly transaction of business in meetings and to the duties
of Officers in that connection. A majority of the Board present shall
constitute a quorum. The votes of a majority of the quorum shall be the
act of the Board.
- The Board shall act upon recommendations of the Executive Committee as established
in Article IV of these Bylaws.
Article IV - EXECUTIVE COMMITTEE OF ELECTED OFFICERS
- The Executive Committee (EC) of the Board shall consist of the four (4) elected
officers: President, President Elect, Secretary, and Treasurer and the
Immediate Past President.
- The President shall be the Chairperson of the Executive Committee. Meetings of the
EC may be called at any time by the President and may be conducted by
conference telephone or other conferencing methods. All proceedings shall
be documented in writing and presented by the Secretary at the next Board
meeting.
- The duties of the EC are:
- Meet and prepare an annual budget for review and approval
at the Board meeting scheduled at least three months in advance of the new
fiscal year.
- May determine the financial investments of the MCJA
pursuant to the following guidelines:
MCJA funds reserved for investment shall be set in the
range of 15 percent to 20 percent of the MCJA’s monetary assets unless
otherwise approved by the Board.
- The investments shall be categorized by a recognized
investing authority as having not greater than a moderate risk for loss of
funds. MCJA funds shall not be in high-risk investments.
- Consider, create, and recommend administrative policy issues to the Board.
- Monitor and assist the Board of Directors in fulfilling their duties as established in Article VII of these Bylaws.
- Establish an agenda for Board meetings and MCJA conferences.
- Perform all other duties assigned by the President and the Board.
- In fulfilling these duties, the EC shall make recommendations to the Board for action and or vote.
Article V - ELECTED OFFICERS
- The MCJA officers shall be: President, President Elect, Treasurer, and Secretary.
- The President shall have the following duties:
- Schedule the Board meeting dates and directs the Secretary to send notice to the Board. A preset Board meeting shall be scheduled in conjunction with the scheduling of conference dates.
- Preside at MCJA conferences and Board meetings, including
the meeting at which the President Elect succeeds the President.
- Meet with the EC to prepare an annual budget for review
and approval at the designated Board meeting.
- With Board approval, appoint Chairpersons of the Standing
Committees and Liaisons as established in Article VII and VIII, respectively,
of these Bylaws. Special Committees may be established and a Chair
appointed, with Board approval.
- Represent the Board between its meetings and report to the
Board all-important interim actions.
- Be the official spokesperson for the MCJA and represent
MCJA’s membership at the Maryland Correctional Training
Commission’s regularly scheduled meetings. The President may send a
designee if needed.
- Ensure proper management of the MCJA budget and investments.
- Ensure that the MCJA is represented by its full allocation of Delegates at all
meetings/conferences of the ACA. The Delegate representation shall only include
President, President Elect, Treasurer, Secretary, other Board members, and Past
President. If aforementioned candidates
are unable to attend the EC shall designate Delegates to attend. The Delegates’, expenses shall be
defrayed, in whole or in part, by MCJA.
- The Delegate(s) expenses shall be defrayed for lodging, mileage, tolls, airline
flights, conference registration and transportation to and from airport when
applicable. Receipts must be submitted
to the EC for review and approval. A $50.00 maximum daily per diem shall be allotted to the Delegate(s) for meals
upon review of itemized receipts, excluding alcoholic beverages.
- The above guideline applies to other conferences or seminars as approved for
attendance by the Board of Directors.
- Submit an annual report to ACA.
- Perform other duties as may be assigned by the Board.
- The President Elect shall have the following duties:
- Assume the office of President at the end of the term of
the President.
- In the event that the President is unavailable, may serve
as MCJA’s liaison to other professional associations in the criminal
justice profession.
- Monitor compliance with the Constitution and its Bylaws.
- Preside at the MCJA meetings and conferences in the
absence of the President.
- Assume the duties of President if that office is vacated
for any reason.
- Perform other duties as may be assigned by the President
or Board.
- The Secretary shall have the following duties:
- Take minutes of the Board and EC meetings and, within 14
days of that meeting distribute them to the Board.
- Maintain a current list of Board members to include their
terms of office, if applicable, Board positions and contact information, and
distribute it to the Board at least two (2) times a year.
- Send, in writing or by electronic transfer, at least 10
days advance notice to the Board of the time and place of a Board meeting.
- Be custodian of the MCJA records and correspondence, see
that the books, reports, statements, certifications and all other documents and
records required by law are properly kept and filed such as the Statement of
Continued Existence as a non-profit corporation with the Secretary of State.
- Perform other duties as may be assigned by the President
or Board.
- The Treasurer shall have the following duties:
- Be bonded for the faithful discharge of his/her duties as
the Board may require, at the expense of the MCJA.
- Custody and disbursement of MCJA funds, investments and
other assets. All the MCJA funds not otherwise employed shall be deposited to
the credit of the MCJA in such banks or other depositories as the Board may
designate. Disbursement of the MCJA funds shall only be for those purposes as established
by the approved budget of the MCJA unless the Board authorizes other
non-investment disbursements. He/she shall sign or endorse all checks, drafts,
or other evidence of indebtedness issued in the name of the MCJA. Financial
records, including but not limited to all receipts and expenditures, shall be
kept in a permanent file.
- Manage all funds related to training events and
conferences of the MCJA.
- Engage a financial auditor to perform an annual
compilation report or audit of the MCJA financial records. The EC shall decide
which level of review is necessary. He/she shall make recommendations regarding
the MCJA’s fiscal policies and the financial auditors employed by the
MCJA may recommend practices as, or that may otherwise be indicated.
- Prepare, in writing, and present, at a minimum, a
quarterly financial report to the Board. Report semi-annually, in writing, the
state of the investments to the Board. Submit an annual financial report for
publication in the MCJA newsletter.
- In close coordination with the President, shall manage the
investments. To allow for the prompt payment of the MCJA’s obligations,
he/she must efficiently manage the invested funds.
- Prepare and submit all required and pertinent financial
reports and returns to the proper agencies in a timely manner consistent with
the non-profit status of the MCJA.
- Transition to his/her successor, no later than 30 days
after vacating office, all books, records and papers, as well as a transition
report to include, but not be limited to, accounts, account balances,
receivables, payables and any pertinent contracts or other correspondence.
- Perform other duties as may be assigned by the President or
Board.
- Each Committee Chairperson shall have the following duties:
- Schedule and preside at Committee meetings including
maintaining and distributing meeting minutes.
- Report, if needed, Committee decisions and recommendations
to the Board for final action;
- Submit an article for each MCJA newsletter.
- Manage the Committee budget if applicable.
- Perform other duties as may be assigned by the President
or Board.
Article VI -
ELECTIONS
- A member, in good standing, may make nomination of a
member, in good standing, for elective office, to include; President Elect,
Treasurer, Secretary. The nomination shall be sent along with the
nominee’s biographical statement, and nominee’s
consent to the Election Coordinator and received by June 15. A member may
accept the nomination for only one elected office.
-
The terms of President, President Elect, Treasurer, and Secretary shall be limited
to two (2) years. The Treasurer and Secretary are elected for two (2) year
terms and may serve two (2) consecutive terms, or four (4) consecutive
years. The elected officials’ terms shall begin at the adjournment
of the annual conference in the year in which they are elected.
In the event that an
elected position is not filled through the election process, then the President
with approval of the Board shall appoint a qualified member to serve the term
of that elected position.
However, if that unfilled
elected position is President-elect then a special election shall be held to
elect that officer pursuant to Article VI of these Bylaws.
- Any
elected officer may resign at any time by giving written notice to the
President. Such resignation shall take effect at the time specified therein.
If a vacancy occurs for
President Elect, a special election shall be held to elect that officer for the
un-expired term of that office.
If a vacancy occurs for
Treasurer or Secretary, the President, with approval of the Board, may appoint
an MCJA member, to fulfill the duties for the un-expired term of that office.
- The
Immediate Past President shall serve as the Election Coordinator. If he/she is
unavailable, the President shall appoint an Elections Committee member to serve
as the Election Coordinator. The Election Coordinator and Elections Committee
members shall not be seeking office.
The Elections Coordinator
shall have the following duties:
- Submit an article in the Spring MCJA newsletter describing
the nomination and election process, including a format for biographical
statements and mailing information.
- Verify that the nominating and consenting nominated
parties are in good standing as established in Article II A of these Bylaws.
- Prepare the ballots, including the nominees’
biographical statements and mail them to all members of the Association no
later than July 1 with a deadline for return of July 31.
- Count the votes and announce results, at the annual
conference, and prepare a written record identifying the newly elected officers
and their terms of office. A plurality of the votes cast shall elect a
candidate. The Elections Committee shall verify the vote count.
ARTICLE VII
– COMMITTEE CHAIR DUTIES
-
There may be the following Ad Hoc and Standing Committees and duties to fulfill
the MCJA constitutional purposes and objectives:
- Elections (Ad Hoc)
Coordinates the nominating and election processes for elected offices. The
Immediate Past President shall serve as the Elections Coordinator. If he/she is
unavailable, the President, with Board approval, shall appoint that Coordinator
from the Board.
- Communications
Promotes, through various media, the MCJA. Publishes and distributes the MCJA
newsletter and oversees the maintenance of website for the membership.
- Membership
Promotes membership in the MCJA by arranging a continual recruitment drive that
reaches out to all the state and local criminal justice disciplines and
agencies in Maryland.
- Scholarships and Awards Ad Hoc
Recommends to the Board the creation of awards and scholarships and establishes
the criteria for receiving such an award or scholarship. Publishes
the criteria for applying for the award and scholarship in the MCJA newsletter
and/or website. Recommends, for Board approval, the
most qualified candidate according to those criteria.
- Professional Development
Coordinates and develops training and educational opportunities for MCJA
members and interested parties. Provides input for conference
programs and specialized training.
- Conference
Plan and produce a spring and fall conference, including to but limited to site
selection, conference theme, and program format.
- The President shall appoint and the Board approves, a Chairperson from the membership for each
committee. To ensure continuity in the work of such Committees, the President
shall consider for re-appointment, members who have previously participated
actively in Committee work. The Chairperson shall preside at Committee
meetings, present Committee reports at Board meetings and take on other duties
and responsibilities as assigned by the President with Board approval. At least
one (1) time per year, each Committee shall submit an Annual Report for
publication in the MCJA newsletter.
- A Special Committee (Ad Hoc) and its members may be appointed and charged by the
President with Board approval, in order to consider a special issue, the
completion of which shall be reported to the Board.
Article VIII
– LIAISONS
-
There may be the following MCJA Liaisons with respective duties to fulfill the
MCJA constitutional purposes and objectives:
- LEGISLATIVE LIAISON
Advise the Board of developments in legislation and relevant case law relating
to corrections and court services.
- OTHER – As determined by the Board.
- The President shall appoint and Board approves the MCJA Liaisons from the MCJA
membership. To ensure continuity in the work of such Liaisons, the President
shall consider for re-appointment members who have previously participated
actively in Liaison work. Each Liaison shall present reports at Board meetings
and take on other duties and responsibilities as assigned by the President with
Board approval. The other liaisons shall submit at least one (1) such article.
Article IX
– CONFERENCES
The MCJA shall hold an
annual training conference in conjunction with the annual meeting of the Board.
Article X
– AMENDMENTS
- The
Bylaws may be amended by the action of the membership. An amendment may be
suggested by the recommendation of the Board or by petition to the President
signed by twenty-five members in good standing of the MCJA.
-
Notice containing the full text of any proposed amendment shall be given to the
membership, in writing, at least 15 days and not more than 45 days prior to the
date of implementation of the proposed change.
- The
proposed amendment shall be presented, by written ballot, to the membership and
upon two-thirds affirmative vote of those voting, the amendment shall be
approved and effective.
Adopted 05/23/07
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