New York State Association of City and Village Clerks, Inc.
Constitution and By-Laws
Article I: Name
Section 1: This Association shall be known as the New York State Association of City and Village Clerks, Inc.
Section 2: This Association shall be affiliated with the New York State Conference of Mayors and other Municipal Officials.
Article II: Object
Section 1: This Association shall cultivate and promote a better understanding among clerks; gather and disseminate information to improve procedures; exchange ideas, information and facts concerning matters of common interests; consider legislation of benefit to members and cooperate with and assist the New York State Conference of Mayors and affiliated organizations.
Article III: Membership
Section 1 - Active Members: The membership of this Association shall consist of City and Village Clerks, Clerk-Treasurers, Administrators, similar officers and their deputies.
Section 2 - Associate Members: Any former clerk member, deputy clerk or similar title, because of retirement or other reason, who wishes to continue affiliation with the Association may apply for an Associate Membership. Associate members shall also include any Clerk, Deputy Clerk or similar title from another state or province. Non-clerks may also be Associate Members. All applications for Associate Membership shall be forwarded to the Executive Committee for consideration. Associate members shall not have the privilege of voting on fiscal matters nor of voting for the election of officers, but may serve, if appointed, on any Association committee. A copy of “The Bulletin” and Directory shall be given to all Associate Members.
Section 3 - Honorary Members:
- Any person who has been of outstanding service to the Association, may be designated as an Honorary Member.
- All past presidents shall automatically become Honorary Members upon retirement from city or village service.
- Candidates for designation as Honorary Members shall be recommended by the Executive Committee. Candidates for honorary membership may also be nominated from the floor at an Annual Meeting. A majority vote of the members present at the Annual Meeting shall be required for designation as an Honorary Member. Honorary Members shall not have voting privileges unless specified in Sections A through D of this Article, shall not hold any elective office unless an Honorary Member under Section C of this Article, but shall be entitled to speak at any meeting.
Section 4 - Life Members: Any City or Village Clerk who has been a member for ten (10) years may, upon retirement, become a Life Member, upon the recommendation of an active member to the Executive Committee and approval of a majority vote of the members present at an Annual Meeting. Life Members shall be allowed to vote on propositions brought before the Association but shall not be allowed to hold any elective office.
Article IV: Fees
Section 1: The annual membership fee of the Association shall be fifty dollars ($50.00), due and payable on August 1st of each year. The fiscal year of the Association shall be from October 1st through September 30th of each calendar year. Any person who is in arrears for more than three (3) months shall not be considered as a member in good standing and entitled to vote.
Section 2: The annual membership fee for Associate Members shall be thirty dollars ($30.00).
Section 3: There shall be no membership fee for Honorary Members or Life Members.
Article V: Meetings
Section 1: An Annual Meeting of the Association shall be held concurrently with the Annual Fall Training School of the New York Conference of Mayors and the New York State Office of the State Comptroller.
Section 2: At the Annual Meeting, there shall be an election of the Officers of the Association and the conduct of other business that may properly come before the meeting.
Section 3: Special meetings of the entire Association may be called at the direction of the President, but at least five (5) days written notice shall be given. Such notice shall also state the nature of and only such business as detailed in the notice of Special Meeting may be conducted.
Section 4: A quorum shall consist of at least five (5) officers and as many members as are present at any meeting. Only active members shall have the right to vote or hold office except as otherwise stated in other portions of this Constitution.
Article VI: Nominations
Section 1: The President shall appoint a Nominating Committee of five (5) members, three (3) of whom shall be Past Presidents.
Section 2: All nominations for Officers and Directors shall be made in writing and signed by a majority of the Nominating Committee. The Nominating Committee report shall indicate that the persons nominated for elective office have signified their acceptance of the nomination and their willingness to serve as an Officer or Director, if elected.
Section 3: The written report of the Nominating Committee shall be filed with the Secretary prior to the Annual Meeting, and read aloud by the Nominating Committee at the Annual Meeting.
Section 4: Additional nominations for elective officers may be made from the floor at the Annual Meeting prior to any balloting. Such additional nominations shall, after having been duly made and seconded, be added by the Secretary to the nominations presented by the Nominating Committee.
Article VII: Elections
Section 1: Election of Officers and Directors shall be held at the Annual Meeting.
Section 2: A majority vote of the active members present at the Annual Meeting, shall be required for election to any office.
Section 3: In the case of a tie vote for any office, the Officers of the Association shall determine by lot which person shall be deemed elected.
Section 4: Voting shall be by a show of hands. However, on motions duly made, seconded and carried by a majority, the Secretary may be directed to prepare paper ballots. In such an event, the balloting shall be adjourned, and resumed when the ballots are ready, then the President shall appoint three (3) Inspectors of the Elections who shall, with the aid of the Secretary, conduct the election in accordance with Robert’s Rules of Order.
Section 5: The Officers elected at the Annual Meeting shall take an oath of office immediately following the election and shall assume their duties immediately.
Article VIII: Officers and Directors
Section 1: The Officers of this Association shall consist of a President, a First Vice President, a Second Vice President, a Secretary and Treasurer and two (2) Directors. They shall be elected annually for a one-year term and must be members in good standing. With the exception of the Secretary and Treasurer, no officer may succeed themself in the same office for more than two (2) one-year terms. Any vacancy in any office that may arise during the year shall be filled by an appointment made by the President for the un-expired balance of the term so vacated.
Section 2: Directors shall be permitted to serve more than two (2) terms, but in no event more than four (4) consecutive one-year terms.
Section 3: The President shall preside at all meetings of the Association; shall appoint all committees including the Chairmen thereof and perform such other duties as may be required by the Association.
Section 4: The First Vice President shall perform the duties of the President during his or her absence. The two (2) Vice Presidents shall have prescribed and designated duties to perform, as directed by the President.
Section 5: The duties of the Secretary shall include, but are not limited to:
- Keeping minutes and records of all Association meetings.
- Handling correspondence of the Association and its meetings as directed.
- Filing the minutes and records of all committee meetings as submitted by the respective committees.
- Unless otherwise delegated to a committee, prepare and submit to all present and new members of the Association copies of the by-laws and roster of members.
- The Secretary shall send out packets to new members, with packets to include a recent copy of The Bulletin, pin, directory, Village or City Clerk’s Handbook and any other appropriate materials.
Section 6: The duties of the Treasurer shall include, but not be limited to:
- The mailing of dues notice at least twenty (20) days prior to August 1st.
- To receive, deposit and invest all Association funds in the name of the New York State Association of City and Village Clerks in a federal deposit insured account.
- To issue membership certificates as dues are paid.
- Maintain a list of current members. Forward a copy of the membership list to the Directory Chairperson and the Membership Chairperson upon the request of each Chairperson.
- Pay all claims deemed proper up to two hundred fifty dollars ($250.00) each. Individual claims over two hundred fifty dollars ($250.00) shall have prior approval of the President.
- Keep an accurate accounting of all receipts and disbursements.
- Prepare a full revenue and expense status report and submit same to the Budget Committee Chairman by July 1st of each year for use in developing a preliminary budget by the Budget Committee for submission to the Executive Committee.
- Prepare an annual financial report in writing and present it to the membership at the Annual Meeting.
- Present all books necessary for an audit prior to the Annual Meeting. The First Vice President shall appoint a committee of two (2) to audit the books of the Treasurer prior to the Annual Meeting. The signatures of the Audit Committee shall be affixed to the Annual Report of the Treasurer.
- In the absence of, or the inability of, the Treasurer to sign checks, the President shall sign with the written approval of the Treasurer or two (2) other Officers.
Section 7: The Secretary shall be paid the sum of three hundred dollars ($300.00) per year and the Treasurer shall be paid the sum of seven hundred dollars ($700.00) per year for their services. In the event of extremely heavy mailing, excessive emergency bulletins or letters to be prepared, out of the ordinary scope of Association business, the President shall be empowered to authorize the Secretary and Treasurer to retain temporary additional help to assist them in these matters; however, the total cost of such additional services shall not exceed one hundred fifty dollars ($150.00).
Section 8: The Bulletin Editor shall be paid the sum of two-hundred fifty dollars ($250.00) per year for their services.
Article IX: Executive Committee
Section 1: The President, First Vice President, Second Vice President, Secretary, Treasurer, immediate Past President and two (2) Directors shall comprise the Executive Committee.
Section 2: Past Presidents, other than the immediate past President shall be ex-officio, non-voting members of the Executive Committee. They may attend such meetings of the Executive Committee at their own expense. The President shall be authorized to call for and conduct meetings of the Executive Committee as may be required during the course of the year in order to conduct the business of the Association.
Section 3: The Executive Committee shall have the authority to adjust the adopted budget during the year by a majority vote of the Executive Committee including the additional appropriation of unexpended funds from prior years.
Section 4: The Executive Committee shall have the authority to approve attendance of an officer at meetings of affiliated organizations and authorize payment of actual and necessary expenses for said attendance if there is a direct, unquestionable benefit to the Association membership as determined by a majority vote of the Executive Committee.
Section 5: The Executive Committee shall have the authority to undertake any other actions consistent with Article II, Object, upon a majority vote of the Executive Committee.
Section 6: The Executive Committee shall have the authority to endorse candidates from the Association for IIMC offices and shall have the authority to commit or expend Association funds in support of any candidacy not to exceed $500.00.
Article X: Committees
Section 1- Legislative Committee:
- The Legislative Committee shall act as the representative of this Association at, and take part in all meetings of the New York State Conference of Mayors Legislative Committee, and shall do all things consistent with such duty.
- The Legislative Committee shall report to the Executive Committee on statewide legislation affecting cities and villages, whether proposed, pending or inactive and shall make recommendations for the support of such proposed or pending legislation.
Section 2 - Budget Committee:
- The Budget Committee shall consist of the First Vice President, Treasurer and one (1) director, named by the President.
- The Budget Committee shall submit a preliminary budget to the Executive Committee, no later than August 1st of each fiscal year. The Executive Committee shall review and revise the recommended budget and shall present a recommended budget for the ensuing fiscal year to the general membership at its Annual Meeting. The general membership shall thereupon adopt a budget as recommended or as amended by them at the Annual Meeting.
Section 3: The President shall create such other committees as the President deems necessary for the purpose of fulfilling the objectives of the Association and as needed to carry out the purposes of the Officers and the Executive Committee.
Section 4: The President shall appoint all committee chairpersons and shall appoint and/or approve appointments to all committees.
Section 5: The term of office on all committees shall be one (1) year but any committee member may succeed themselves if appointed.
Section 6: Each committee shall select a secretary from among its own members who shall keep a record of matters assigned to it and of its own proceedings.
Section 7: The Chairman or secretary of each committee shall give a report of activities at the Annual Meeting and shall file a copy of said report with the secretary of the Association.
Section 8: Each committee may adopt its own rules regarding the calling of meeting, quorum requirements, conduct of meetings and any other matters with respect to its own operation.
Section 9: Vacancies on the committees shall be filled in the same manner as the original appointments and shall be for the unexpired term of the predecessor member. A vacancy in the office of the Chairperson shall not affect the appointments of other members.
Section 10: The committee shall have the right to expend such amounts for its official purposes, upon authority of the Chairperson, as may be appropriated thereto by the Association.
Article XI: International Institute of Municipal Clerks
Section 1: The New York State Association of City and Village Clerks shall cooperate with the International Institute of Municipal Clerks (IIMC) in matters which further the aims of the clerks of New York State and shall work to attain the goals of IIMC when they are not in conflict with the objectives of the Association.
Section 2: Officers and members of the Association shall be encouraged to join and attend meetings of the IIMC. Whenever possible, the Officers and Directors of the Association shall act as representatives at the IIMC Annual Meeting. The Association shall reimburse those attending Officers and Directors according to the following schedule:
- Conference registration, room and board, and reasonable travel expenses of the President shall be fully paid.
- The First Vice President, Second Vice President, Secretary, Treasurer, two Directors, the Immediate Past President and the IIMC Liaison shall be entitled to attend. Each shall receive an allowance equal to the actual cost of registration for the IIMC Annual Meeting.
- In the event any Officer or Director cannot attend to represent the Association at the Annual Meeting, the President is authorized to appoint a substitute, who must be a member of IIMC. However, no more than one (1) vacancy shall be filled in this manner.
Article XII: Amendments
Section 1: Amendments to the Constitution and By-Laws, altering or repealing any of them, shall be made as follows:
- A proposition to alter, amend or repeal, shall be submitted in writing to the Executive Committee by any member or group of members, no later than June 1st of each year.
- The Executive Committee shall review and consider the propositions and shall recommend to the general membership that:
- The proposition should be adopted, or
- The proposition should not be adopted, or
- The general membership should take action as it deems appropriate.
- The recommendations of the Executive Committee for any proposed change to the Constitution and By-Laws of this Association shall be distributed to the general membership in writing no later than thirty days prior to the Annual Meeting.
Section 2: Voting on proposition amending, altering or repealing the By-Laws shall take place at the Annual Meeting.
Section 3: A two-thirds vote of the active members present at the Annual Meeting shall be required for approval of such propositions.