C O N S T I T U T I O N

 

 

C O N S T I T U T I O N

ARTICLE I: NAME, LOCATION AND DEFINITION

Section 1:

The name of the Association is "American Association of Bangladeshi Engineers & Architects, NY-NJ-CT, Inc.” in Tristate New York-New Jersey-Connecticut (AABEA Tristate) hereafter referred to in the constitution as the "Association".

Section 2:

The principal office of the Association shall be located in the State of New York, U.S.A.

Section 3:

The Association shall be a non-profit, non-political, non-religious, engineering & architecture-oriented voluntary professional organization. It is a type "A" corporation under Section 201 of the Not-for-Profit Corporation Law of the State of New York.

ARTICLE II: AIMS AND OBJECTIVES

The Association is organized exclusively for educational, scientific, cultural and charitable programs. The aims and objectives of the Association are as follows:

Section 1:

A.    To provide assistance in career enhancement for its members and affiliates.

B.    To conduct seminars and other educational programs.

C.    To provide mutual assistance and cooperation between this Association and other professional associations / societies and institutions located in Bangladesh as well as in North America.

D.    To promote welfare of members' families in case of need.

E.     To bring together and share ideas, technology and experiences between engineering and architectural professionals of Bangladesh and North America; and with other engineers, architects, engineering and architectural organizations.

F.     To work towards the advancement of engineering and architectural professions in Bangladesh.

G.    To help develop feasibility studies of various engineering and technological concerns of Bangladesh.

ARTICLE III: PROHIBITION

Section 1:

A.    No part of the net earnings or assets of the Association shall be used to the benefit of or be distributable to its members, officers, or other private persons, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered, and to make payment and distribution in the furtherance of the purpose set forth in Article II hereof.

B.    The Association shall not carry out any activities not to be carried out (a) by a corporation exempt from Federal Income Tax under Section 501 (c) (3) of the Internal Revenue Code, or the corresponding provision of any future U.S. or Internal Revenue Law, or (b) by a corporation, contributions to which are deductible under Section 170 (c) (3) of Internal Revenue Code, or the corresponding provision of any future U.S. Internal Revenue Law.

C.    The Association shall not participate in or intervene in (including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office.

D.    No member of the Association shall use his or her office and the name of the Association for his or her personal benefit.

E.     No member shall participate in any activity, which may be contrary to the interest of the Association, nor represent the Association without the approval of the Executive Committee.

F.     No Press Release shall be issued without the signatures of the majority members of the Executive Committee or the President on it.

ARTICLE IV: MEMBERSHIP, FEES AND DUES

Section 1:

The membership of the Association shall consist of Members, Associate Members, Honorary Members and Life Members, living in Tristate New York, New Jersey and Connecticut.

A.    A member of the Association shall be an engineer or an architect having a Bachelor of Science degree and/or Master of Science degree in engineering or architecture or a registered Professional Engineer (PE) or a Registered Architect in any State/Province of North America.

B.    An Associate Member of the Association shall be a person who is a student of engineering or architecture.

C.    The Executive Committee may grant Honorary Memberships to any individual who has made significant and outstanding contributions in preserving the aims and objectives of this Association. Honorary members will not have any rights to vote or contest for any office of the Executive Committee.

D.    A Member may qualify to become a Life Member upon one time contribution, the valuation of which will be determined by the Executive Committee.

Section 2:

All members of the Association must abide by the Constitution & By Laws of the Association to obtain and retain membership in the Association. Members and Associate members must have paid their dues. Members living in the geographical jurisdiction of the Association shall pay their dues to this Association. Any officer elected from this Association to the Executive Committee position must pay his/her membership dues to this Association from where he/she is elected.

Section 3:

Only Members of the Association who have paid their dues shall be eligible to vote in the election of the Association. If any members of the Executive Committee fail to pay membership dues to the Association by the first of April, they shall loose their positions automatically in the Executive Committee. Executive Committee shall immediately declare his/her position vacant. The vacant position shall be filled as per Section 4 of Article VI of this constitution.

Section 4:

The annual membership dues shall be in an amount as determined by the Executive Committee of the Association.

ARTICLE V: ORGANIZATION

The Association shall be organized through the following bodies:

(a)   The General Council

(b)  The Executive Committee

(c)   The Standing Committee

Section 1: General Council

A.    The General Council shall be composed of all the dues paying Members of the Association as defined in the Constitution and By-Laws of the Association.

B.    The General Council shall elect the officers of the Executive Committee.

C.    The General Council shall have the power to approve, amend and adopt the Constitution and By-Laws of the Association. The General Council shall retain the supreme power of the Association.

D.    Any Committee formed in the General Council meeting or approved by the General Members can not be dissolved by the Executive Committee or by the President.

Section 2: The Executive Committee

A.    The Executive Committee shall be composed of seven (7) officers as stated under Article VI, Section 2. The Executive Committee is accountable to the General Council.

B.    The Executive Committee shall be responsible for the proper functioning of the Association.

C.    All the decisions of the Association's activities and functions shall be taken in the Executive Committee meetings and/or General Council meetings. No member of the Executive Committee or the Standing Committee shall represent the Association without the decision of the Executive Committee meetings and/or General Council meetings.

Section 3: The Standing Committees

A.    There shall be various standing Committees as stated in Article IX of the Constitution to carry out the specific tasks and objectives of the Association as laid out in the Constitution.

B.    The Executive Committee shall appoint the members of the Standing Commiittees.

ARTICLE VI: ADMINISTRATION AND OFFICES

Section 1:

The general management of the Association shall be vested upon the Executive Committee.

Section 2:

The Executive Committee shall be composed of the President, Past President, President Elect, Secretary, Treasurer and two (2) Executive Members. All members of the Executive Committee shall be members who retain the power to vote. The Executive Committee shall be elected for a term of two (2) years.

Section 3:

The immediate Past President shall be a member of the Executive Committee for the following term.

Section 4:

Any vacancies in the office of the Secretary, Treasurer, or Executive Member shall be filled by appointment by the Executive Committee. Vacancy caused by the President will be filled by the President Elect. Vacancy caused by the President Elect may only be filled by a subsequent general election. All these decisions shall be taken in a properly called Executive Committee meeting.

ARTICLE VII: MEETINGS

Section 1:

The President, or the Secretary in consultation with the President, or the majority of the Executive Committee members shall call the Executive Committee meetings. The time and place of all meetings shall be decided by the President, or the Secretary in consultation with the President, or the majority of the Executive Committee members. The President or the majority of the Executive Committee members shall call the General Council meeting. The Executive Committee or the President shall also hold the General Council meeting if twenty percent (20%) of the dues paying general members submit a written request to hold a General Council meeting. Any dues paying member of the Association can request to address an issue of the Association by writing letter to the President and/or Executive Committee members. The President / Executive Committee members shall bring that issue on the agenda for the discussion in the Executive Committee meeting. The Executive Committee shall meet at least four (4) times a year, or as often as need be to conduct business. There shall be at least one meeting of the General Council every year at a place and date designated by the Executive Committee or the President. Notice of the time and place of General Council meetings shall be mailed to all members at least one month prior to such meetings. Emergency Executive Committee meeting and special General Council meeting may be called by the President or by the majority of the Executive Committee.

Section 2:

Quorum of the meetings of the Executive Committee shall be considered four (4) members or greater. Thirty percent (30%) of total dues paying members or twenty (20) dues paying members whichever is greater shall constitute the quorum in General Council meeting.

Section 3:

Resolutions of the Executive Committee meeting shall be adopted on the basis of the simple majority votes of the Executive Committee members present in the meeting provided quorum is maintained throughout the meeting. The president shall have the right to break a tie.

Section 4:

Resolutions of the General Council meeting shall be adopted on the basis of the simple majority votes of the General Council members present in the meeting provided quorum is maintained throughout the meeting. The president shall have the right to break a tie.

Section 5:

President shall preside over the meeting. In absence of President, the President Elect shall preside over the meeting. In absence of President and President Elect, the Executive Committee, with the majority of votes, shall decide the next presiding officer who shall preside over the particular meeting. The presiding officer shall adjourn the meeting on the majority votes of the Executive Committee members present in the meeting. If some reasons, the presiding officer leaves the meeting before it is adjourned properly, the next officer, as per this Section, shall preside over the meeting for the remaining period of time, provided quorum is maintained throughout the meeting.

Section 6:

Preferably one technical meeting shall be arranged in a year.

ARTICLE VIII: AMENDMENTS

Amendments to the constitution can be made by the general membership only. Any proposed amendments shall be submitted to the Executive Committee in writing by ten dues paying members or by the Constitution and By-Laws committee. Amendments of this Constitution may be effected by two-thirds vote of the dues paying members present in the General Council meeting, provided there is quorum in General Council meeting and that such amendment has been mailed to all members at least one month prior to such a meeting. Amendments may also be made by a mailed ballot and to become effective amendment shall receive an affirmative vote of two-thirds of the dues paying members voting.

 

 

ARTICLE IX: COMMITTEES

All standing committees shall be appointed by the Executive Committee. The committee members must be dues paying members of the Association. The standing committees shall be:

A.    Membership and Organizing Committee: Functions include preparing upto date roster of the members, finding ways to increase the total number of members of the Association, organizing General Council meeting, Annual convention and maintaining liaison with other organizations and other related functions.

B.    Committee of Research, Education and Scientific Affairs, and journals: Functions include conducting seminars, educational programs, research, providing assistance to develop feasibility studies of various engineering and technological concerns of Bangladesh, publishing scientific journals and other related functions.

C.    Nominating Committee: Functions include searching for individuals who has made significant and outstanding contributions in preserving the aims and objectives of this Association; to recognize and to nominate to honor Bangladeshi origin or Bangladeshi Engineer / Architect for professional excellence in his or her field and other related functions.

D.    Fund Raising Committee: Functions include finding ways to raise funds for specific purposes and other related functions.

E.     Professional Assistance and Job Search Committee: Functions include providing professional assistance to the members, providing cooperation and guidance for employment, helping members to rewrite resume to best suite for job requirements and other related functions.

F.     Professional Advancement Committee: Functions include providing assistance to the members for engineering and architectural licenses examinations for career advancement.

G.    Constitution and By-Laws Committee: Functions include submitting proposals for the amendments to the Constitution and By-Laws of the Association and other related functions.

H.    Communication and Entertainment Committee: Functions include publishing newsletters, magazines and organizing seminar & variety show at the Annual convention and other related functions.

I.       Finance and Budget Committee: Functions include preparing annual budget of the Association, recommending to Executive Committee the fee for the membership dues and other related functions.

J.      Any other Committee deemed necessary by the Executive Committee.

The President shall nominate the Chairpersons of the standing committees who shall be approved for appointment by the Executive Committee. Each committee shall obtain the signature of the President on any press releases.

ARTICLE X: AFFILIATION WITH OTHER ENGINEERING/ARCHITECTURAL ORGANIZATION

Section 1:

This Association may affiliate with other engineering/architectural organization. But the activities of this Association shall be independent and shall be governed by this Constitution and By-Laws only, not by the constitution or by-laws of the other engineering/architectural organization. The other engineering/architectural organization, with which this Association will affiliate, will not have any power to interfere with this Association. This Association, after affiliating with other engineering/architectural organization, will not share any dues. Majority of the Executive Members of this Association shall have the power to affiliate/secede from the other engineering/architectural organization and shall be approved by the majority of the general members at a later date.

 

 

ARTICLE XI: DUTIES OF OFFICERS OF EXECUTIVE COMMITTEE

Section 1:

President: The President shall be the principal elected official of the Association and shall be so recognized at all affairs, programs and activities of the Association. He/She shall preside at all meetings of the Association and of the Executive Committee. The President shall appoint chairpersons of various committees with the approval of the Executive Committee in a properly called Executive Committee meetings. He/She may sign, with the Secretary, or any other proper officer of the Association, authorized by the Executive Committee, all deeds, mortgages, bonds, contracts or other instruments which the Executive Committee has authorized to be executed in a properly called Executive Committee meetings, except in cases where the signing and the execution thereof shall be expressly delegated by the executive Committee to some other agent of the Association. He/She shall designate all official delegate and representatives to other groups with the approval of the Executive Committee in the properly called Executive Committee meetings: he/she shall appoint special Committees as may be necessary to further the Associations objectives; and he/she may discontinue any such committee with the approval of the Executive Committee in the properly called Executive Committee meetings, when its purpose has been served. The President shall be one of the signatories of the bank account and shall sign withdrawal checks with the Treasurer. The President shall act as a custodian of all official documents including but not limited to (1) Corporate Seal and Books, (2) Lease or deeds. The President shall be accountable to the General Council.

Section 2:

President Elect: The President Elect shall perform the duties of the President in his / her absence. The President Elect shall be the President of the following term. He/She may serve as the chairperson of the standing committee with approval of the President and the Executive Committee. President Elect shall preside over the Executive Committee meeting in absence of President. President Elect shall be accountable to the General Council.

Section 3:

Secretary: The Secretary shall keep the minutes of the meetings of the Association and the Executive Committee. The Secretary shall place the minutes of the meetings to the next Executive Committee meeting for approval by the Executive Committee. The copies of the approved minutes of the General Council meeting shall be distributed to all the members of the Association. Secretary shall prepare the agenda for each Executive Committee and General Council meeting in consultation with the President and notify the members about time and place of the meeting. He/She shall prepare an annual report for the General Council. The Secretary shall be responsible for correspondence of the Association and shall maintain all official records. He/She shall maintain a current list of the association's members and committee members. He/She may serve as the chairperson of the standing committee with approval of the President and the Executive Committee. He/She shall be accountable to the President and General Council.

Section 4:

Treasurer: The Treasurer shall receive and be the custodian of the funds of the association. He/She shall be the Chairperson of the Finance & budget Committee and present to the Executive Committee a proposed budget for the ensuing fiscal year and this budget in the final form shall be approved by the Executive committee. He/She shall make a complete financial report at the annual general meeting of the Association. He/She shall maintain an accurate and current record of all receipts and disbursements of funds. Treasurer shall deposit all funds received on behalf of the Association in a bank selected by the President and approved by the Executive Committee. He/She shall be one of the signatories of the Association's bank account. Along with the President, sign all withdrawal checks for withdrawal of the Association's fund on behalf of the Association. Checks in excess of $1,000.00 shall have to be authorized by the Executive Committee. Any expenditure in excess of $200.00 per month needs prior approval from the Executive Committee. No officers of the Association are permitted to withdraw Association's fund by using Automatic Teller Machines (ATM). Executive Committee shall advise the bank not to issue the ATM Card to the signatories of the Association’s bank account. Treasurer shall be accountable to the President and to the Executive Committee.

Section 5:

Executive Members: They shall assist the President, President Elect, Secretary and Treasurer to accomplish their duties and functions. They shall attend the meetings of the Executive Committee and participate in all its activities. They shall perform any other duties and/or responsibilities requested by the President or the Executive Committee. They shall serve as the Chairpersons of the standing committees with the approval of the President and the Executive Committee. Executive members shall be accountable to the President and general Council.

Article XII: PARLIAMENTARY PROCEDURE

All meetings shall be conducted by the established Parliamentary Procedure as outlined in the recent edition of the book titled Robert's Rule of Order. All members attending the General Council meeting shall adhere to the principles governing discipline at the meeting. All members present at a meeting shall obey the legitimate orders of the presiding officer. Executive Committee meetings shall be adjourned with the approval of the majority of the members present.

Article XIII: FINANCE

The day to day operation of the Association shall be financed by the membership dues. The Executive Committee may raise funds by other legal means to carry out specific programs as long as such programs are not contrary to the provisions adopted by the Association.

Article XIV: REVENUE COLLECTION

The Association shall collect membership dues from its members and from the officers elected to the Executive Committee and hold any other fund raising event within its geographical jurisdiction.

Article XV: DISCIPLINE, REMOVAL FROM OFFICE OR EXPULSION FROM THE ASSOCIATION

Any member or office bearer of the Association can be reprimanded, suspended or removed from his/her office or membership upon following proper disciplinary procedures for the following reasons:

(i)    Due to activities contrary to the provisions of the Constitution and By-laws of the Association.

(ii)  Tending to injure the good name of the Association, disturb its well being or hamper in its work.

(iii)                                                                                                                                                                                                  For failure to perform the duties and obligations of the Association.

Bylaws of the Association shall regulate the provisions of Article XV of this Constitution.

Article XVI: ELECTION

Section 1:

There shall be a general election for the officers of the Executive Committee in every two years according to the By-laws of the Association.

Section 2:

The Executive Committee and / or the General Council shall appoint an Election Commission consisting of three dues paying members who will not seek any position in the election of that year to conduct the election. No formal letter shall be needed from the Executive Committee to conduct the election by the Election Commission if it is appointed by the General Council.

Section 3:

Terms of Office: The Executive Committee shall be elected for a period of two (2) years. The President, President Elect shall not hold same office for consecutive terms.

Article XVII DISSOLUTION

In the event of dissolution of the Association, the Executive Committee after paying or making provisions for the payment of all the liabilities of the Association, dispose of all the assets of the Association exclusively for the purpose of the Association, in such a manner, or to such organizations organized exclusively for charitable, cultural, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) (3) of the Internal Revenue Code of 1986 or the corresponding provision of any future U.S. Internal revenue Law, as the Executive Committee decides. Any such assets not so disposed of shall be disposed of by the Court of Competent Jurisdiction of the county in which the principal office of the Association is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine to be organized and operated exclusively for such purposes.

 

 

By-Laws

 

 

Chapter I: PURPOSE

Section 1:

By-laws shall govern and regulate the functions of the Association and provide positive directions to the Association.

Chapter II: MEMBERSHIP

Section 1:

The categories of membership of the Chapter are as follows:

(a) Member

(b) Associate Member

(c) Honorary Member

(d) Life Member

Section 2:

Application for membership shall be submitted with appropriate membership dues to the Chairperson of the Membership Committee on a form provided by the Association. Photocopies of the educational diplomas and certificates shall also be submitted along with the membership application if advised.

Section 3:

The application for membership shall be forwarded to the President by the Chairperson of the Membership Committee for President's signature and approval. Once approved the new member's name shall be enrolled on the official membership roster.

Section 4:

Membership dues shall be determined by the Executive Committee for different categories. Honorary members shall be exempted from paying dues.

Chapter III: OFFICERS

Section 1:

The officers of the Association shall be a President, a President Elect, the Immediate Past President, a Secretary, a Treasurer and two (2) Executive Members.

Section 2.

No person shall be eligible for election as an officer of the Association unless he/she has been a member in good standing of the Association for one (1) year immediately prior to that member's election.

Chapter IV: ELECTION PROCEDURE

Section 1.

(a)   A general election shall be held once in two (2) years for the purpose of electing the officers of the Executive Committee. Election shall be conducted by mailing secret ballots or by casting secret ballots in person. Such election shall be held in the second week of November of that election year. In the first election, President, President Elect, Secretary, Treasurer and two (2) Executive Members shall be elected. In the subsequent elections, President Elect, Secretary, Treasurer and two (2) Executive Members shall be elected. The Executive Committee or the General Council shall nominate at least sixty (60) days prior to that election an Election Commission consisting of one Election Commissioner and two Election Commission Members who must be dues paying members of the Association.

(b)  The President shall provide the list of the bonafide dues paying members of the Association to the Election Commissioner at least fifty (50) days prior to the election. The list shall contain the names of those members who have paid their dues by September 15 of the election year. The list shall be considered as final list for the election purpose. The President/Treasurer are responsible to provide sufficient estimated fund at least fifty (50) days prior to the election to the Election Commissioner to conduct the election.

(c)   The Election Commissioner in consultation with other two Election Commission Members shall invite nominations from all dues paying members of the Association at least 45 days prior to that election.

(d)  Each nominee for the position of the Executive Committee shall be proposed by a dues paying member of the Association and endorsed by another dues paying member. Nomination Form must be signed by the candidate.

(e)   All nominations for election shall be submitted to the Election Commissioner at least thirty (30) days prior to the election date. The candidate may withdraw the nomination within seven (7) days after the deadline for submission of the nomination by sending a request letter to the Election Commissioner not to include his/her name in the ballot.

(f) The eligible voters shall elect the officers of the Executive Committee by casting their votes through secret ballots.

(g) In case of voting by mails, ballots for election shall be mailed to all eligible voters at least fifteen (15) days prior to the commencement of the election. The ballots can be mailed or self-delivered by the voters to the Election Commissioner.

(h)   The election commission may introduce a procedure to safeguard the authenticity of a valid ballot by attesting their signatures on the ballot. Voting by mail shall contain three envelopes, outer return envelope, inner envelope and innermost envelope containing the ballot. Ballot paper shall not contain any kind of alphanumeric or any serial number on it. Innermost envelope containing the ballot shall also not contain any kind of alphanumeric or serial numbers outside or inside of the envelope. Inner envelope containing the innermost envelope shall be marked with alpha-numeric or any other kind of numbering system to track the ballot and to verify the authenticity of a valid ballot. Outer return envelope shall not contain any kind of alphanumeric or any serial number on it. Mail ballots are to be returned to the Election Commissioner no later than five (5) P.M. on election date, at which time the polls shall be closed.

(i)    The Election Commission shall count the vote after the closing of polls. In case of voting by mails, the Election Commission shall open the outer return envelope in the presence of the members of the Election Commission, candidates or their duly authorized representatives and independent witnesses selected by the Election Commission. Election Commission shall verify the alphanumeric or any serial number marked on the inner envelope before opening it. After verifying all the inner envelopes, the Election Commissioner shall open the inner envelopes and place the innermost envelope containing the ballot in the ballot box. When all the innermost envelopes containing the ballots are placed in the ballot box, the Election Commissioner shall take out innermost envelope, containing the ballot, one by one from the ballot box and announce the names of the candidates who received the vote on the ballot. The members of the Election Commission shall count the vote. The candidate receiving the highest number of votes for an office shall be declared elected. In case of a tie vote, the names of the candidates who have tied for an office shall be placed on piece of paper and folded and the candidate whose name is drawn blindly by the Election Commissioner shall be declared elected.

(j)    In case of voting by casting ballots in person, each voter must show his or her photo I.D. card to the Election Commission to receive ballot in order to cast vote. The voter must be physically present in order to cast his or her vote in the ballot box. The candidates or their duly authorized representatives shall be allowed inside the polling booth to observe casting votes. The members of the Election Commission shall count the votes in presence of the candidates or their duly authorized representatives.

Section 2.

Result of Election: The results of the election shall be announced by the Election Commissioner to the general members and to the Executive Committee within seven (7) days after closure of the polls.

Section 3:

The old Executive Committee shall hand over the charge to the newly elected Executive Committee by 31st of December at the end of its two-year term. The old Executive Committee stands dissolved as of 1st of January, the beginning of the next term. Newly elected Executive Committee shall assume charge on 1st of January, the beginning of the next term. The President Elect shall succeed to the office of the President at the end of their respective terms.

Section 4:

If the election can not be completed on time, the President Elect shall automatically become President and shall take over charge of President on 1st of January, the beginning of the next term and shall conduct election by appointing one Election Commissioner and two Election Commission Members who must be dues paying members of the Association in the previous term.

 

 

 

 

Chapter V: PROCEDURE FOR DISCIPLINARY ACTION

Section 1:

A uniform procedure for taking disciplinary actions will be followed for the elected officers of the Executive Committee as well as general members of the Association. When any sort of penalty shall be imposed on any elected officer of the Executive Committee, he/she can be removed from position in the Executive Committee by the majority vote of the general members in the special General Council meeting which shall be called for the removal of the officer from executive committee position. Executive Committee shall immediately declare his/her position vacant. The vacant position shall be filled as per Section 4 of Article VI of this Constitution.

Section 2:

Offenses occurring in a meeting: If any member does not obey the legitimate orders of the presiding officer in a meeting such as in cases of obstinate or grave breach of order by the member, he/she shall be reprimanded, his/her right of membership shall be suspended for one (1) year, or that he/she shall be expelled from the Association. The offending member shall, by majority vote, be required to leave the room during the consideration of his/her penalty, but he/she shall be allowed to present his/her defense briefly first. If he/she denies having said anything improper, the words recorded by the Secretary can be read to him/her and he/she can be reprimanded, suspended for one (1) year from the Association by the majority vote of the Executive Committee if the offences occur in the Executive Committee meeting or by the majority vote of the general members present in the meeting if the offences occur in the General Council meeting. He/she can be expelled from the Association by a two-thirds vote of the general members present in the General Council meeting.

Section 3:

Offenses elsewhere than in a meeting including activities contrary to the provisions of the Constitution and By-laws of the Association, tending to injure the good name of the Association, disturb its well-being or hamper its work and failure to perform the duties and obligations of the Association: The Executive Committee shall appoint an investigating committee consisting of three members to conduct a confidential investigation to determine whether charges are warranted. The investigating committee shall submit its report to the Executive Committee including its recommendation either exonerating the accused member or preferring specific charges which shall be signed by every committee member who agrees.

The Executive Committee shall appoint a Trial Committee consisting of three members composed of persons different from those of the Investigating Committee. The Trial Committee shall send a notice to the accused member to appear for hearing before the Trial Committee to show cause why disciplinary actions shall not be taken against him/her on the charges reported by the Investigating Committee and brought by the Executive Committee. The Trial Committee shall submit its report to the Executive Committee. The Executive Committee is empowered to impose reprimand, suspension of membership for one (1) year. The Executive Committee shall convene a special General Council meeting for the expulsion of the accused from the Association, removal/rescinding from the Executive Committee position. The Trial Committee shall present to special General Council meeting its results of the trial of the case, with resolutions - in cases where its findings is one of the guilty - covering the penalty which it recommends that the Association shall impose. The accused shall be permitted to make his statement of the case, after which the Trial Committee shall be given the opportunity to present a statement in rebuttal. The accused then leave the room and the General Council shall act upon the resolutions submitted by the Trial Committee. The accused can be removed from the executive committee position by the majority vote of the General Council. He/she can be expelled from the Association by a two-thirds vote.

 

Section 4:

Any Executive Committee member who remained absent three (3) consecutive meetings without a valid reason satisfactory to the Executive Committee may be subject to suspension from the position of the Executive Committee with a simple majority of the vote of the Executive Committee members present in the Executive Committee meeting.

Chapter VI: MISCELLANEOUS

(a)   Fiscal year of the Association shall run from January 1 to December 31.

(b)  Notices for convening a General Council meeting shall be mailed at least one month prior to that meeting. Notices for convening a meeting of the Executive Committee shall be served at least a week prior to that meeting. The notices may be served either by mail, telegram, telephone or facsimile. A 48 hours notice either by telephone, telegram of facsimile will suffice to hold an emergency meeting of the Executive Committee.

(c)   Notices for hearings of disciplinary actions shall be served by certified mail at least 15 days prior to those hearings.

(d)  In the event of dissolution of the Association, the Executive Committee shall notify the concerned government authorities on time for record purpose.

 

 

Ratified on Feb. 20, 1998