CHARTER MEMBERS

BY LAWS OF THE

NATIONAL EMPLOYMENT COUNSELING ASSOCIATION

A Division of the American Counseling Association

Revised July 2003

ARTICLE I

NAME AND PURPOSE

Section 1. Name. The name of the Association shall be the National Employment Counseling Association (NECA), a Division of the American Counseling Association (ACA).

Section 2. Affiliation. This Association is organized and governed in accordance with the Bylaws of ACA.

Section 3. Purpose. The general purposes of the Association shall be to advance the discipline, science and activities of employment counseling; to promote a greater understanding of employment-related counseling; to publish literature which depicts the problems, techniques and solutions encountered in counseling individuals in obtaining and maintaining employment; to promote the utilization of vocational knowledge, job information tools, and techniques which will enable persons in search of employment to make better use of their abilities, interests, aptitudes, skills and experiences for society’s and their own benefit; and in addition:

(a) To facilitate better relationships among counseling and guidance personnel;

(b) To facilitate better relationships and communications among professional employment counselors;

(c) To improve the standards of professional employment counseling services by exercising leadership in the selection, preparation, and utilization of persons entering the filed of employment counseling;

(d) To contribute to the employment counseling field by encouraging, promoting and conducting scientific research; and

(e) To publish a journal that reflects current achievements, practices and research development in employment counseling, thereby contributing to the development of employment counseling as a discipline.

The Association is organized and operated exclusively for charitable and educational purposes within the meaning of Section 501( c )(3) of the Internal Revenue Code of 1954.

Section 4. Nondiscrimination. There shall be no discrimination against any individual on the basis of ethnic group, color, creed, affectional or sexual orientation, age and/or handicapping condition.

Section 5. Dissolution. No member shall have any severable or transferable interest in the property of the Association. In the event of dissolution, the Executive Council shall, after paying or making provision for payment of all lawful debts and liabilities of the Association, transfer all property and assets to ACA only if the ACA then qualifies as an I.R.C. Article 501( c )(3) organization and, if the ACA does not qualify, to one or more other appropriate I.R.C. Article501( c )(3) organizations.

ARTICLE II

MEMBERSHIP

Section 1. Types of Membership. This Association consists of five types of membership: professional, regular, retired, student and special.

Section 2. Privileges of Membership. Professional, regular, retired and student members shall have the rights and privileges normally accorded members of a scientific, educational and professional association, including the right to vote and hold elective office.

Section 3. Requirements for Membership.

(a) To be eligible for membership in NECA a person does not have to be a member of ACA.

(b) Professional. Professional members shall hold a master’s degree or higher in counseling or a closely related field from a college or university that was accredited when a degree was awarded by one of the regional accrediting bodies recognized by the Council on Higher Education.

(c) Regular. Regular membership in this Association shall be open to any person who has a Bachelor's Degree in an area of human development from an accredited college or university and is engaged in some aspect of employment counseling.

(d) Retired. Retired membership shall be open to any member who has furnished proof of retirement from his/her employer, and who has been a member of this Association for at least five (5) years. A retired member shall pay dues at the student rate.

(e) Student. Student membership shall be open to graduate students enrolled half-time or more during the academic year in a counseling or closely related field of study. Student membership is limited to three years.

(f) Special. ACA or the Executive Council may prescribe and establish criteria for special memberships in the Association provided, however, that no person shall be deprived of any privileges heretofore granted.

Section 4. Severance of Membership. Failure to pay dues as prescribed by the Association and by ACA shall be interpreted as withdrawal from membership. At that time all rights of a member shall cease, or upon the member's expulsion from the Association, or upon the member's death.

ARTICLE III

OFFICERS

Section 2. Duties of Officers.

a) Past-President. The Past-President shall serve as Chairperson of the Nominations and Election Committee, Chairperson of the Long-Range Planning Committee, and serve on the Executive Council. The Past-President shall serve on the Executive Committee of the Executive Council. The Past-President shall serve on the Investment Subcommittee of the Executive Committee of the Executive Council.

b) President. The President shall be the chief executive officer of the Association and Chairperson of its Executive Council and of the Executive Committee of the Executive Council. The President shall chair the Investment Subcommittee of the Executive Committee. The President shall appoint chairpersons of all committees unless otherwise specifically provided for in these Bylaws. The President shall hold ex-officio membership on all committees, and shall serve as the official or at-large representative to people and groups outside of the Association. The President shall present a written report annually to the Association upon actions of the Executive Council and other items of concern to the members.

c) President-Elect. The President-Elect shall act as President at all Association or Executive Council meetings in the absence of the President. The President-Elect shall serve as Chairperson of the Membership Committee. The President-Elect shall prepare and present a proposed annual budget to the Executive Council Meeting convened as part of the annual ACA convention and shall succeed to the presidency at the expiration of the term as President-Elect. The President-Elect shall serve on the Executive Committee of the Executive Council.

d) Treasurer. The Treasurer shall represent the Association in assuring the receipt and expenditures of funds and shall operate in accordance with the policies established by this Association and ACA. The Treasurer shall present a financial report to the Association at its annual business meeting, and shall prepare a report of financial transactions for distribution to the membership. The Treasurer shall serve on the Executive Committee of the Executive Council. The Treasurer shall serve on the Investment Subcommittee of the Executive Committee of the Executive Council.

e) Secretary. The Secretary shall keep the official records of all meetings and activities of the Association, its Executive Council and the Executive Committee, and shall perform such duties as assigned by the President and/or the Executive Council. The Secretary shall serve on the Executive Committee of the Executive Council.

f) Trustees. The Trustees shall serve as members of the Executive Council and help formulate the operational policies of the Association. All Trustees shall serve as members of the Long-Range Planning Committee and each Trustee shall also serve as a member of at least one other Association Standing Committee.

g) Representative to ACA Governing Council. The Representative to the ACA Governing Council shall attend all scheduled ACA Governing Council meetings and serve on the Executive Council of the Association. The Governing Council Representative shall serve on the Executive Committee of the NECA Executive Council

Section 5. Election of Officers.

a) Nominations. The Nominations and Election Committee shall canvass the individual members of the Association for nominations to the elective offices of the Association. Based on this nominating process, the Nominations and Election Committee shall place on the election ballot the names of at least two eligible and willing members for each office.

b) Elections. The election of officers for the Association shall be conducted by ACA as part of its annual election. The results of each election shall be announced and the new officers shall take office at the end of the terms of their predecessors in office, which shall be on July 1 of each year.

Section 6. Vacancies in Unexpired Terms.

a) The President-Elect shall succeed the President for any unexpired term and continue as President for the term for which the person was elected.

b) If the President-Elect ascends to the Presidency and nine or more months remain in the term of office, a special election shall be held to fill the President-Elect vacancy from a slate of nominees selected by the Executive Council.

c) If a vacancy shall occur in the offices of Secretary; Treasurer, Trustee, Representative to the ACA Governing Council, the Executive Council shall nominate and elect officers to fill the vacancies. An officer so elected shall complete the scheduled or remaining term of office except that a vacancy in the office of the Representative to the ACA Governing Council shall be filled by the Executive Council only until the regularly scheduled election.

ARTICLE IV

EXECUTIVE COUNCIL

Section 1. Functions of the Council. The Executive Council shall be the agency through which the general administration and executive functions of the Association shall be carried out. It shall perform the responsibilities assigned to it by these Bylaws and shall conduct, manage, and control the business of the Association between official meetings of the Association. It shall convene at and during the Annual ACA Convention and such other time as may be desirable.

Section 2. Membership on the Council. The Executive Council shall consist of the Past-President, President, President-Elect, Secretary, Treasurer, the six Trustees, and the Representative to the ACA Governing Council.

Section 3. Reports of Elected Officers. The President and Treasurer of the Association shall prepare written reports to ACA.

Section 4. Audits. The Treasurer shall make an interim report to the members at the annual business meeting. At the conclusion of the fiscal year (July 1 to June 30 of the following calendar year), the Treasurer shall submit an annual report to the Executive Council which shall cause the report to be examined and audited by a certified public accountant at the expense of the Association.

Section 5. Executive Committee. The Executive Committee is chaired by the NECA President and includes the President, President-Elect, Immediate Past President, Treasurer, Secretary and the NECA Governing Council Representative. If an Administrative Advisor has been appointed by the NECA President, he/she shall serve as a non-voting ex-officio member of the committee. A quorum of the Executive Committee shall be a majority of its voting members in which the President is present or has delegated his/her authority for the meeting in writing to the President-Elect or the Immediate Past President. Meetings shall be called by the President or his/her delegate as required. The purpose of the Committee is to review matters affecting the Association, and to make recommendations to the NECA Executive Council for action. With the permission of the Executive Council and between regular meetings of the Executive Council, the committee may make decisions on behalf of the Council, which will be subject to ratification at the next meeting of the Executive Council. The Executive Committee shall meet at the ACA Convention to review the proposed annual budget and make any desired changes prior to such budget being presented to the full Executive Council for its approval. Executive Committee meetings may be held by telephone or by email in which all members have been notified in advance and in which a quorum of committee members participate.

Section 6. Electronic Communication and Action. Specific actions of the Executive Council and Executive Committee may be taken by electronic means, provided that use for such action is deemed appropriate by the President. The Executive Council is authorized and directed to adopt formal procedures to govern taking action by electronic means. Such procedures must ensure that all proposed actions are delivered to all members of the Council in advance, that all members must have an opportunity to discuss and suggest changes in such actions, and that voting must be taken by a formal process by the Secretary or President of the Association. All such actions must be recorded in the minutes of the Association.

Section 1. Committees of the Association. Standing Committees and Special Committees may be created to promote the purposes of the Association. Standing Committees are designed for the investigation, study, and operation of matters relating to the accomplishment of the general purposes of the Association and matters of a continuous and recurring character. Their number and purpose is defined in these Bylaws. Special Committees are designed to investigate and study matters relating to the purposes of the Association of an immediate and non-recurring character.

Section 2. Standing Committees. The Association shall have the following Standing Committees, chaired by Association members. The committees shall perform such functions as may be prescribed in the Bylaws of the Association.

a) Nominations and Election Committee. The Nominations and Election Committee shall establish and carry out the procedures for nominating and electing the officers of the Association in accordance with the Bylaws of this Association and the Bylaws of ACA. The immediate Past-President of the Association shall serve as Chairperson of this Committee. No members of the Nominations and Election Committee shall serve on this committee for two consecutive terms, nor shall any member of this committee be a candidate for any elected office in the Association while a member of the Nominations and Election Committee.

b) Membership Committee. The Membership Committee shall actively promote membership in the Association. The President-Elect shall serve as Chairperson of this committee.

c) State Divisions Committee. The State Divisions Committee shall actively promote membership in State Divisions of the Association and shall provide guidance in the development of Interest Groups and Chartered Divisions of this Association at the State level.

d) Long-Range Planning Committee. This, committee shall review the Association's present roles, purposes, and objectives, project these into the future and develop recommendations regarding the Association's future directions for review and consideration by the Executive Council. The immediate Past-President shall serve as Chairperson of this committee. All Trustees shall serve on this committee and other members shall be appointed.

e) Program and Arrangements Committee. This committee shall be responsible for soliciting, reviewing and accepting programs for the annual ACA Convention, and be responsible for arranging and coordinating convention site facilities for activities of the Association.

f) Awards Committee. This committee shall serve as the Association's screening and selection body for the granting of the Association Awards.

g) Standards Review Committee. This committee shall provide leadership in assuring that the Association maintains high standards of counselor preparation as a prerequisite for membership in the Association, and shall address other professional issues as directed.

h) Archives Committee. The Archives Committee shall maintain the historical records and documents of the Association.

i) Ethics Committee. The Ethics Committee shall be responsible for educating the membership concerning the Ethical Standards of the Association, and shall receive and process all complaints and charges of alleged violations of the Association's Ethical Standards.

j) Government Relations Committee. The Government Relations Committee shall inform the membership of all legislative matters which affect the Association directly, and shall represent the Association on legislative issues which affect the role and function of employment counselors.

k) Interdivisional Relations Committee. This committee shall promote active communication and cooperation, including joint projects and activities of this Association with the other Divisions of ACA.

Section 3. Investments Subcommittee (of the Executive Committee). The Investments Subcommittee is chaired by the NECA President, and includes the President, Immediate Past President (or if he/she is unavailable, the President-Elect), the Treasurer, and an unpaid advisor appointed by the President, who shall serve ex-officio and not have a vote. The purpose of the subcommittee is to provide oversight to the investments of the Association for its reserves and/or investment capital set aside for future purposes of the Association, and to make specific recommendations to the Executive Committee or the Executive Council for changes in the investment vehicles utilized. The subcommittee shall always rank preservation of capital above desire for gain, and shall only approve prudent investments for Association funds. The subcommittee shall make a report at meetings of the Executive Council as to the status of the investments. The unpaid advisor, if any, appointed by the President shall be someone with education and training in investments, but shall have no personal interest in any investment utilized by the Association.

Section 4. Special Committees. Special committees shall be appointed by the President of the Association and approved by the Executive Council when such committees are deemed necessary to advance the purposes of the Association. Resolutions creating such temporary committees shall define their powers, duties, and term. Any Special Committee that needs to function beyond the term of the appointing President, must be reappointed by the incoming President and approved by the Executive Council.

Section 5. Tenure of Committee Members. No person shall serve on the same committee for more than three consecutive years, except by vote of this Association at a scheduled meeting. Chairpersons appointed by the President shall serve as Chairperson for one year concurrent with the term of office of the appointing President, but may be reappointed to succeed themselves.

ARTICLE IX

STATE DIVISIONS

Section 1. Division Charters. Groups desiring to be chartered as a State Division of this Association shall file an application for affiliation with the President and the Executive Council. The State Division Committee shall assist in the application process and shall provide technical assistance as required. After approval by the Executive Council a new State Division Charter must be ratified by majority vote of the members present at the annual meeting.

Section 2. Autonomy of Division. A State Division of the Association shall be autonomous in the conduct of its affairs, provided its actions are consistent with the Bylaws of this Association and ACA.

ARTICLE X

BYLAWS

Section 1. Amendment. These Bylaws may be amended from time to time as follows:

a) The Executive Council may propose amendments for approval by the Association.

b) Any member, group of members, or Association committee may propose an amendment as long as no fewer than 25 signatures of voting members in good standing accompany the proposed amendment.

c) Proposed amendment shall be submitted to the President at least 90 days prior to the meeting of the Association.

d) At least 30 days prior to the meeting of the Association, the proposed amendment shall be made available to all members of the Association.

e) If the steps in sub-sections (a) through (d) above have been completed satisfactorily, proposed amendments shall be acted upon by either of the two following methods:

(i) by the affirmative vote of at least two-thirds of the members present at a scheduled meeting of the Association wherein a quorum is present; or

(ii) by the affirmative vote of at least two-thirds of the members voting in a mail ballot which are returned within 35 days after date of mailing.

Section 2. Effective Date. Any Bylaws approved shall take effect upon the affirmative vote of the ACA Governing Council.

ARTICLE XI

RULES OF ORDER

Rules of Order. Robert's Rules of Order Revised (by Henry Martin Robert) shall govern the proceedings of the Association not otherwise specified in the Bylaws.