These By-laws were originally printed in the January
2000 of the Highland Herald (Vol 23, Issue 1) and accepted at the May 2004 AGM
in Costa Mesa, CA. The minutes have been reproduced by electronically scanning
the June 2000 newsletter. I've made every effort to reproduce them as accurately
as possible. If you find any errors, please let me know ASAP so that I can
correct them. Downloadable versions, Word (.doc) and Adobe (.pdf) are available
toward the bottom of this page and between the two long horizontal
lines.
Clan MacMillan, Southern Branch, is a
Public Charity as defined under 501 (c) (3) of the Federal Code.
The Clan MacMillan Pacific Branch, By-Laws (United States)
By-Laws
Article I
Name
The name of this Association shall be the Clan
MacMillan Pacific Branch, (United States). Herein after referred to as
"the Clan" or "Clan."
Article II
Object and Limitations
A. Object:
This Association is organized to operate exclusively for education,
pleasure, recreation, and other similar nonprofit purposes, within the meaning
of Section 501 (c)(7) of the Internal Revenue Code of 1986 (or the corresponding
provision of any future United States Revenue law). In particular, the
purpose of the Clan shall be:
To promote and foster the spirit of the Clan MacMillan and the
corporate life of the Clan Macmillan, Pacific Branch MacMillan in the United
States;
To provide a focal point for and a means of expressing the sentiment of
the Clan MacMillan;
To keep the members of the Clan MacMillan in personal contact,
communication, and fellowship with one another; and
To encourage and promote the study and preservation of the history,
folklore, literature, music, treasures, and traditions of the Clan
MacMillan.
B. Limitations:
Notwithstanding any other provisions of these articles, this organization
shall not carry on any activities not permitted to be carried on by an
organization exempt from Federal income tax under section 501 (c)(3) of the
Internal Revenue Code of 1986 or the corresponding provision of any future
United States Internal Revenue Law.
Article III
Membership
Membership is open to all that desire to promote and further the
interests and development of Clan MacMillan and its heritage.
Members will be those persons who have paid their annual membership
fees.
Members who abuse Clan privileges may be censured or dismissed from the
Clan with no reimbursement of dues at the discretion of the Executive
Committee.
Article IV
Meetings
The Clan shall hold at least one general meeting each year. The
purpose for the annual general meeting (AGM) will be to elect officers,
approve the Treasurer's report, and discuss any other information or business
concerning the Clan.
Additional general meetings may be called at the discretion of the
President.
Article V
Executive Committee
A. The Executive Committee shall:
Handle the routine daily business of the Clan and are empowered to
authorize expenditures;
Consist of the elected officers of the Clan, the immediate Past
President, the Ambassador, and the Clan Conveners; and
Meet when requested by the President, or when requested by two of
the elected officers.
B. A quorum shall consist of 2/3 of elected officers.
Article VI
Elections & Nominations
A. Elections
The Clan shall elect the following officers: President, Vice President,
Secretary, and Treasurer (Secretary and Treasurer may be combined when
necessary).
Officers will serve a one-year term of office. Officers may be elected
to no more than three consecutive terms, with the exception of the Ambassador
who serves with the consent of the Chief.
No one shall be elected without their express agreement.
Absentee ballots will be accepted by the Secretary up to two weeks
prior to the AGM. All members are eligible to vote at the AGM.
A quorum shall consist of all members present at the AGM
B. Nominations
Nominating Committee, chaired by the Vice President and with two
members appointed by the President, will be formed yearly at the AGM.
They will nominate officers for election at the next AGM. Their
report of proposed candidates will be communicated to the members at least 30
days prior to the AGM.
Nominations from the floor will be accepted at the AGM.
Article VII
Duties of Officers and Members
A. Officers
The President shall: a) Preside at all meetings of the Clan and
Executive Committee; b) Appoint two members to the Nominating Committee, the
Clan Conveners for specific Games/Gatherings, and the Editor of the Clan
newsletter; c) Form and appoint members to any special committee(s) deemed
necessary; d) Make interim appointments to fill elected vacancies; and e) Call
meetings of the Executive Committee.
The Vice President shall: a) Perform the duties of the President in
the Presidents absence; b) Chair the Nominating Committee; and c) Perform
those duties requested by the President.
The Treasurer shall: a) Account for the receipts and disbursements
of Clan monies; b) Communicate a financial report to the membership once a
year at the Annual General Meeting; c) Provide the Secretary with the name,
address, and other pertinent information of members when dues are paid.
The Secretary shall: a) Maintain an active and inactive member
roster; b) Provide active member roster to active members; c) Provide
Newsletter Editor with a listing of active members and others for Newsletter
distribution; d) Maintain and submit requests for funds to Treasurer; e)
Maintain a petty cash fund of $75 and will distribute such funds as may be
warranted; f) Act as recording Secretary for the General Meetings and
Executive Committee meetings; and g) Publish minutes of such meetings.
The Newsletter Editor shall: a) Be responsible for compiling
editing, and publishing the Clan Newsletter quarterly; b) Submitting expenses
to the Treasurer for reimbursement; and c) Publishing special events and
announcements as needed or directed by the President.
The Ambassador Shall: a) Maintain lines of communication with other
clan branches, Districts and the Chief; b) Functions as requested by the
Chief; c) Conciliates and mediates as needed or directed by the Chief.
The Conveners Shall:
Coordinate for space reservations at the designated venue;
Submit venue registration form to Treasurer for payment or request
reimbursement if paid from personal funds;
Set up Clan tent and display;
Break down and coordinate turn over of Clan trailer to next Convener;
and
Such other things as needed to host Clan members and visitors at
venue.
B. Members Shall:
Keep the Secretary advised of current address and phone number;
Promote and support Clan interests and heritage;
Participate in Clan activities to best of abilities;
Act with decorum and in a manner non-prejudicial to Clan interests;
and
Communicate to the Secretary any births, weddings and such for
inclusion in appropriate publications.
Article VIII
Service and Dues
All officers and members serve voluntarily and without payment.
Funds generated by dues and donations will be used for conducting Clan
business.
Membership fees will be payable by June 1 each calendar year. Annual
dues cover the period 1 June through 31 May of the following calendar
year.
Additional fees or dues increases will not be levied except by a
majority vote of the membership.
Article IX
Administration
A. The Clan shall keep correct and complete books and records of
accounts, and shall also keep minutes of the proceedings of it's meetings and
Committees.
B. The fiscal year, for accounting and reporting purposes, shall run
from June 1st through May 31st of the following calendar year.
Article X
Amendments
A. These by-laws may be amended by a majority vote of the members
present at the AGM. In case of emergency, amendments may be adopted by a
simple majority vote of the Executive Committee, and will remain in force until
the following AGM at which time any amendments adopted by the Executive
Committee must then be ratified by the members at the AGM.
B. Proposed by-laws changes must be communicated to the members a
minimum of 30 days prior to the AGM.
Article XI
Dissolution
Upon the dissolution of this organization, assets shall be distributed for
one or more exempt purposes within the meaning of section 501 (c)(3) of the
Internal Revenue Code of 1986, or corresponding section of any future Federal
tax code, or shall be distributed to the Federal, state, or local government for
a public purpose. Any such assets not so disposed of shall be disposed of
by a court of competent jurisdiction of the county in which the principal office
of the organization is then located, exclusively for such purposes.
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It is proposed that the following be added to
Article VII - Duties of Officers and Members.
Article VII
8. Membership Chair:
Keep on file a list of all Pacific Branch members with addresses, phone
numbers, etc.
Supply the President, Secretary, Treasurer, and Newsletter Editor with
copies of updated files as they occur.
Welcome new members with a personal note and any appropriate
materials. For example: membership card, by-laws, history of the clan,
etc.
Supply renewing members with current membership card.
Write a note to signed-in non-members acknowledging their presence at
the Clan tent.
Send out reminder letters by September to members who haven't
renewed.
Co-ordinate with Conveners which of you will be responsible for
updating the supply of Membership Applications and Sign-In Sheets.