RESPONSIBILITIES OF ASSOCIATIONS TO THE YWCA MOVEMENT
Each YWCA is a member of the YWCA of the U.S.A. Together, the member associations-community and student-and the National Board comprise the YWCA of the U.S.A., or the National Association.
The Board of Directors is responsible for assuring that the member association maintains a close and cooperative relationship with the National Association. This includes meeting requirements for membership as defined in the Constitution of the YWCA of the U.S.A., including filing its constitution and/or bylaws and necessary reports with the National Board, meeting its obligation for financial support and filing a statement and record of obligation. It works continuously to meet the Standards of Excellence adopted by the YWCA at convention, and participates in a review process to measure its own operation as a basis for continued affiliation (see Constitution of the YWCA of the U.S.A., Article II Section 2.)
The Executive Director and the Board are entrusted the responsibility of compliance with national affiliation requirements as follows:
YWCA of the U.S.A. AFFILIATION REQUIREMENTS, 1998 - 2001
Affiliation requirements are determined by provisions in the Constitution and Bylaws of the YWCA of the U.S.A. and by Convention action.
A constitution and/or bylaws that is consistent with the constitution of the YWCA of the U.S.A. as revised at the 1996 Convention. The association's revised Constitution must be on file in the National Office.
National affiliation dues will be based on the association's prior fiscal year's operating expenses. Assessment rates will be:
Exemptions will apply for expenses exceeding revenue (deficits), expenses for acting as fiscal agent for another organization, in-house cost center transfers, depreciation, capital and national dues expenses.
Due to accounting pronouncements, certain revenues are recognized when promised rather than when received. As a result, the matching expenses may not be recorded until a subsequent year. In transitioning from a dues structure based on revenue to one based on expenses, an exclusion must exist for expenses incurred that result from revenue upon which dues have already been paid.
There will be a phase-in period over two years for those associations that experience a 20% or more increase in dues payment under the new formula:
Dues payments are made quarterly on a standardized schedule determined by the National Office.
Association audits for a previous year are due within six months after the close of the association's fiscal year.
Associations will be able to specify assignment of payment to a particular year.
This formula went into effect January 1, 1999.
PAYMENT OF PAST DUES
Any association having met all affiliation requirements, but having an outstanding balance of 1991-1995 national dues, shall pay all remaining sums owed as soon as possible but no later than 60 days prior to the start of Convention 2001 in order to fulfill and maintain affiliation.
Attendance at National YWCA Leadership Orientation for executive directors within one year after appointment.
Attendance at National YWCA Leadership Orientation for presidents preferably before taking office or within six months after taking office.
Community associations must maintain a minimum of 150 members of voting age, as reported in the Membership and Participants Reports.
Participation required for eligible employees as a condition of employment.
Implementation of established guidelines for use of the logo. The association is to provide evidence that the logo is in use on printed materials and signage including all indoor and outdoor applications.
The association is to provide evidence that its programs are reflective of the Core Program concepts/themes including work on racial justice, public policy and world dimensions.
Participation in, at least, two nationally sponsored events during the triennium and prior to December 15, 2000.
LEGAL REQUIREMENTS
A LEGAL ENTITY
Each community YWCA and staffed student YWCA is a not-for-profit membership corporation. The members are women and girls, the first leaders having applied to the state in which the YWCA is located for incorporation and been granted corporate status upon approval of a document known as "the articles of incorporation." (In some states this is called "article of association" or "charter.")
The act of incorporation establishes the association as a legal entity and the articles must not be allowed to expire. Some states grant incorporation in perpetuity, others for a specified period of time. In the latter case, incorporation must be renewed on the date of expiration. Legal help is required for incorporation, renewal of incorporation or amendment of the articles.
Not-for-profit corporations also have responsibilities to the federal government and certain privileges or exemptions granted by it. They are expected to comply with regulations as prescribed by law for the protection of the public, their employees and the organizations themselves.
The business of managing a not-for-profit corporation is as complex as for big business. Both state and federal governments continue to impose regulatory requirements. Directors of YWCAs must be aware of the constant changes and make the proper provisions to comply or to secure allowable exemptions.
Municipalities also make certain legal requirements with which the corporation is expected to comply. These may be in the form of certain health, building or zoning codes, tax laws, fire laws, licensing requirements and the like. In the case of student YWCAs, there are also college or university rules and regulations of which the Directors must be aware.
BASIC DOCUMENTS
Basic documents include the articles of incorporation, the constitution and/or bylaws of the association, the bylaws of the Board of Directors and where applicable the center bylaws. When the constitution is amended, center bylaws must be reviewed and revised, if necessary, to assure that they are in agreement.
The Board carries out the provisions of the constitution and/or bylaws of the association and refers needed changes to the membership. It adopts and amends the bylaws of the Board of Directors as necessary. Before endorsing changes in any of the basic documents, the Board makes sure such changes do not create conflict among the documents.
Almost as basic a document, if in a joint occupancy, is the joint occupancy agreement.
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