BY-LAWS

CONTITUTION AND BY-LAWS 

ADOPTED JANUARY, 1982, AND AMENDED MARCH, 1988, AND MARCH, 1994, AND AMENDED APRIL 1996, AND AMENDED MAY 2003, AND AMENDED SEPTEMBER 2004, AND AMENDED APRIL 2007, AND AMENDED AUGUST 2007. 

ARTICLE I. NAME

The name of this non-profit association shall be the North Carolina Child Support Council.

 

ARTICLE II. PURPOSES

The purpose of this Council is to:

  1. Provide an organizational forum for the exchange of information and communication of those persons and agencies involved in the child support process in North Carolina; 
  2. Provide articulation and coordination to address the needs and improve and promote the interests of those persons working in the child support process since numerous agencies with interdependent functions at the state and county levels are involved in the child support process; 
  3. Provide opportunities for those involved to come together and discuss common administrative and operational problems and to also work together to resolve those problems through greater recognition of, and understanding of, each other’s role in the system and process; 
  4. Improve interstate cooperation and processing of UIFSA (Uniform Interstate Family Support Act petitions between states to enforce child support through affiliation with NCSEA (National Child Support Enforcement Association). 

ARTICLE III.  MEMBERSHIP ELIGIBILITY

Section I.  Membership in the Council shall be open to the following on a voluntary basis:

 

  1. Justices of North Carolina Supreme Court, Judges of the Court of Appeals, and Judges of the General Court of Justice;
  2. Clerks of Court and staff;
  3. Administrative Officers of the Court and other court personnel;
  4. Congressional delegation, State Legislators, and their respective staff;
  5. District Attorneys, Attorneys General, County Attorneys, Contracted IV-D Attorneys, and their staff.
  6. County officials, Sheriffs, and other law enforcement agencies and their respective staff;
  7. Professional and clerical staff of the state and county offices of Child Support Enforcement and other staff of state and county agencies involved in the child support process;
  8. Lawyers involved in any phase of family law and/or child support enforcement;
  9. Any other person or agency interested in improving child support enforcement programs in North Carolina.

 

Section 2.  Annual membership dues and registration fees of this Council shall be established by the Board of Directors.  Annual membership dues shall be payable at such time as designated by the Board of Directors.

 

Contributions may be solicited from individuals, foundations, or groups to help defray operating expenses.

Section 3.  Regular voting membership shall be granted to any member of this Council described in Section 1 above.

 

 

ARTICLE IV.  OFFICERS

Section 1.  The officers of the Council shall consist of a President, 1st Vice President –Elect,  2nd Vice President-Elect,  Secretary, and  Treasurer.

 

Section 2.  The officers shall be elected from the current Board membership at the first meeting of the Board of Directors following the annual meeting by a majority of the voting Board members present.  They shall hold office until the conclusion of the next annual meeting of the Council. In the case that the incoming President is no longer a member of the Board as his/her two consecutive terms are completed, the Board of Directors would consist of 22 members.  A Board member must have no less than 2 years remaining in his/her existing term to be eligible for election to the office of 2nd Vice President.

 

 

Section 3.  It shall be the duty of the President to preside at all business meetings of the Council and at all meetings of the Board of Directors, to appoint all committees not otherwise provided for in these By-Laws, and to perform such other duties as may be required to promote the objectives of the Council.  The President shall be an ex-officio member of all committees, except the Nominating Committee.

 

Section 4.  The 1st Vice President-Elect shall perform the official duties of the President in the event of the President’s absence or inability to perform his/her duties.  Should the office of President become vacant by reason of resignation or death, the 1st Vice President-Elect shall immediately become President for the unexpired term of the office.  The 1st Vice President-Elect shall succeed to the presidency at the conclusion of the President’s term of office even if he/she has served an unexpired term of President due to a vacancy as above provided.  He/she shall perform such duties as may be designated by the President and/or the Board of Directors, including but not limited to Chair of the Activities Committee.

 

Section 5.  The 2nd Vice President-Elect shall perform the official duties of the 1st Vice President in the event of the 1st Vice President’s absence or inability to perform his/her duties.  Should the office of 1st Vice President become vacant by reason of resignation or death, the 2nd Vice President-Elect shall immediately become 1st Vice President for the unexpired term of the office.  The 2nd Vice President-Elect shall succeed to the 1st vice presidency at the conclusion of the 1st Vice President’s term of office even if he/she has served an unexpired term of 1st Vice President due to a vacancy as above provided.  He/she shall perform such duties as may be designated by the President and/or the Board of Directors, including but not limited to Chair of the Facilities Committee

 

Section 6.  The Secretary shall keep the minutes of all meetings of the Council and the Board of Directors.  The Secretary shall complete and distribute the minutes and proceedings of all meetings held during such term of office to the Board of Directors at the earliest possible date following the adjournment of all meetings.  Minutes and proceedings shall be available to all members upon request.  It shall be the responsibility of the Secretary to maintain an orderly file of all minutes of meetings and correspondence during their term of office, along with other official documents.  At the end of their elected term of office, these files should be passed on to the newly elected secretary.

 

Section 7.  The Treasurer, subject to such regulations as may, from time to time, be made by the Board of Directors, shall be responsible for the custody of the funds of the Council, and for the deposit of all funds in the name of the Council in such banks, trust companies, or other depositories as the Board of Directors may designate.  The Treasurer shall be responsible for seeing that proper books are kept, showing at all times the amount of property and funds belonging to the Council.  The Treasurer shall have an independent audit of the financial records completed prior to the annual conference and make a report of the audit findings at the business meeting at the annual conference.  In addition, the Treasurer shall present an account of the receipts and disbursements of the annual meeting to the Secretary within sixty days after the meeting for inclusion in Secretary’s minutes and proceedings distributed to the membership.  The Treasurer may be bonded at the expense of the Council as directed by and in such amount as shall be determined by the Board of Directors.  It shall be the responsibility of the Treasurer, at the termination of their term of office, to pass on to the newly elected Treasurer all financial records and any other records maintained by the Council in proper order to the newly elected Treasurer.

 

Section 8.  Vacancies occurring in any office shall be filled for the unexpired term by a Director elected by a majority vote of the Board of Directors, notice of such election having been given.

 

Section 9.  No officer, except Secretary or Treasurer, may hold the same office for more than two consecutive full terms. 

 

ARTICLE V.  BOARD OF DIRECTORS

Section 1.  The Board of Directors of the Council shall consist of 21 persons elected by those registered, present, and voting at the annual meeting, except as provided in Article IV, Section 2, in which case there will be 22 persons on the board.  The Director of the Administrative Office of the Courts and the State Director of the Office of Child Support Enforcement shall serve as ex-officio members of the board.  The President may appoint two additional members from the legislature for one-year terms if representation is not already present on the board, such members serving as ex-officio members.

 

Seven (7) Directors shall be elected at the annual meeting for three-year terms, except that the first Board of Directors elected hereunder shall be elected as follows: seven (7) members for one year, seven (7) members for two years, and seven (7) members for three years.  No elected member of the Board of Directors shall serve for more than two consecutive terms except as an officer.

 

After serving two consecutive terms, Directors shall not be eligible for reelection to the Board of Directors until the expiration of two years.

 

Section 2.  The business and affairs of this Council shall be managed by the Board of Directors.  It shall act upon all appointments made by the President to fill vacancies in offices or on the Board of Directors.  For the purposes of transaction of business at the Board meeting, a quorum shall consist of a simple majority of the filled Board positions.  A majority vote of the quorum present and voting shall be required to pass upon resolutions of the Board and transact other Board business.  In the absence of a quorum, said majority may be secured by the President’s circulating any resolution which did not secure the necessary number of votes to all members of the Board unable to attend the meeting and securing their written vote for or against the resolution.

 

Section 3.  If any vacancy occurs on the Board of Directors between annual meetings, the President shall fill the vacancy by appointment, subject to confirmation by the Board of Directors.

 

Section 4.  The Board of Directors shall hold at least three (3) meetings annually, as follows:

 

  1. One within 60 days following the annual meeting; 
  2. One at mid-year; and  
  3. One immediately preceding the annual meeting of the Council.

 

Section 5.  Special meetings of the Board of Directors may be called by the President or by seven (7) members of the Board of Directors.  Written or printed notice, stating the place, day and hour of the special meeting and the purpose or purposes for which the meeting is called, shall be delivered not less than fifteen (15) days before the date of meeting.  If mailed, such notice shall be deemed delivered when deposited in the United States Mail in a sealed envelope addressed to the Director at his/her address as it appears in the record of the Council.  The business to be transacted at any special meeting of the Board of Directors shall be restricted to that specified in the notice of the meeting, except on a two-thirds majority vote of those present, provided a quorum is present.

 

Section 6.  Any action that could be taken at a meeting of the Board of Directors may be taken without a meeting when authorized in writing signed by two-thirds of the Directors.

 

Section 7.  In the event that a Board member misses three consecutive board meetings, the secretary shall notify the Board.  Board membership may be terminated by the Board of Directors and a replacement appointed.

 

Section 8.  All Officers and Directors shall maintain, as a condition of holding office, an active individual membership in the Council during term of office.

 

 

ARTICLE VI.  ANNUAL MEETINGS

Section 1.  The Board shall call an annual meeting of the Council at such time and place as shall be determined by the Board.

 

Section 2.  The Board of Directors shall establish the registration fee for the annual meeting.

 

Section 3.  At least forty-five (45) days prior to each annual meeting, the Chairperson of the Activities Committee shall send notice of the place and time thereof, the amount of registration fee, and the tentative program to all members, and any other interested persons or agencies.

 

Section 4.  The election of directors and the transaction of other business shall be held at the annual meeting.

 

Section 5.  Voting Rights:  Each member registered at the annual meeting shall be entitled to one vote.

 

Section 6.  For the purpose of transacting business, a quorum shall consist of twenty-five (25) percent of the members registered and eligible to vote at the annual meeting.  A majority vote of a quorum shall be necessary to pass upon resolutions and to transact other business.

 

Section 7.  Parliamentary authority for the Council shall be Robert’s Rules of Order, Revised, latest edition, insofar as such rules of order will not conflict with these By-Laws or special rules of order adopted by the Council.

 

ARTICLE VII.  COMMITTEES

Section 1.  There shall be seven standing committees, namely.

 

  1. Executive Committee
  2. Nominating and Resolutions
  3. Legislative
  4. Membership
  5. Activities and
  6. Newsletter
  7. Facilities

 

Section 2.  The President shall appoint members to all committees and shall serve on all committees as an ex-officio member with the exception of the Nominating Committee.  Standing Committees shall be appointed and appointees notified in writing within 60 days following the annual meeting.

 

Section 3.  Executive Committee: The Officers of the Council shall constitute the Executive Committee.  The Executive Committee may act on behalf of the Council in any matter when the Board of Directors is not in session, reporting to the Board of Directors for its ratification of their action at such regular or special meeting called for that purpose.  A majority shall constitute a quorum for the transaction of business.  Meetings may be called by the Chairman or by three members.  The Chairman of the Executive Committee shall be the President of the Council.

 

Section 4.  It shall be the duty of the Legislative Committee to recommend and work for improvements in State and Federal law to make the child support process more efficient and responsive to the needs of dependent children, to advise the President, Board of Directors, and membership on child support matters before the State Legislature and Congress, to support and campaign for legislation as directed by the Board of Directors, and to meet as a committee at least once a year and submit a written report to the Board of Directors and the general membership at the annual conference.

 

Section 5.  It shall be the duty of the Membership Committee to promote membership in this Council and attendance at the annual conference.

 

Section 6.  It shall be the duty of the Activities Committee to plan and organize the annual conference and to promote any other activities for increasing the public awareness of this Council and child support in the State of North Carolina.

 

Section 7.  It shall be the duty of the Newsletter Committee to collect materials and publish a newsletter at least twice per year to be distributed to the membership and others.  The purpose of the newsletter shall be to inform the members and others of Council business and child support issues and/or concerns in the state and nation.

 

Section 8.  It shall be the duty of the Facilities Committee to seek and visit potential sites for the Annual Conference two years prior to the conference date, which shall be set within the months of August-October.  The purpose of the committee shall be to negotiate a contract with a site facility with appropriate accommodations to support the normal and usual activities of the Annual Conference; review contractual agreements with the potential site facility, and present a recommendation to the President and Board of Director at least 18 months prior to the date of the Annual Conference.

 

Section 9.  The President shall have the authority to appoint committees as deemed appropriate.

 

ARTICLE VIII.  AMENDMENTS

Amendments to the Constitution and By-Laws can be made by a majority vote of the regular voting members present at the annual meeting.  Proposed amendments shall be submitted to the membership in writing at least 45 days prior to the annual meeting.

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