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By-Laws Sep 2016

TABLE OF CONTENTS FOR THE

BY- LAWS OF THE ALABAMA

MUNICIPAL COURT CLERKS AND MAGISTRATES ASSOCIATION

 

ARTICLE 1: NAME AND PURPOSE                                                                               Page 2

                        1.1 Name                                                                                                         

1.2 Purpose                                                                                                     

 

ARTICLE 2: MEMBERSHIP                                                                                           Page 2

                        2.1 Levels of Membership                                                                                 

                                    (a) Active Membership                                                                          

                                    (b) Associate Membership                                                                                

                                    (c ) Retired Membership                                                            

                        2.2 Termination of Membership                                                                                     

 

ARTICLE 3: ASSOCIATION MEETING                                                                           Page 3

                        3.1 Annual Meeting                                                                                           

                        3.2 Regular Scheduled Board Meetings                                                             

                        3.3 Special Meetings                                                                                        

                        3.4 Quorum                                                                                                      

 

ARTICLE 4: BOARD OF DIRECTORS                                                                            Page 3

                        4.1 Powers and Functions                                                                                 

                        4.2 Eligibility for Election to the Board of Directors                                            

                        4.3 Removal from Office                                                                                  

                        4.4 Duties of the Board of Directors                                                                  

                        (a) President                                                                                        

                        (b) Vice-President/President Elect                                                                                 

                        (c ) Secretary/Treasurer                                                 

                        (d) Board of Directors  

                                                                                                 

ARTICLE 5: EXPENSES                                                                                               Page 5

                        5.1 Board of Directors                                                                                      

                        5.2 Secretary/Treasurer                                                                                     

                        5.3 Mileage Rate                                                                                              

 

CERTIFICATE OF ADOPTION                                                                                        Page 6                                                                                                

 

           

 

                       

 

 

 

 

 

 

 

 

BY- LAWS OF THE ALABAMA

MUNICIPAL COURT CLERKS AND MAGISTRATES ASSOCIATION

 

ARTICLE 1: NAME AND PURPOSE

 

1.1        NAME: This organization shall be known as the Alabama Municipal Court Clerks and Magistrates Association, and shall be referred to herein as the “Association”.  The Board of Directors of the “Association” shall be referred to herein as the “Board”.  The President and Vice-President of the “Association” shall be referred to by the name of the particular office; and, the general membership of the “Association” shall be referred to herein as the “Membership” or as the “Member” or “Members”.

 

1.2        PURPOSE: The purpose of the Association shall be to gather and study information in order to develop and improve methods of Municipal Court Administration; to develop and improve technical, administrative and educational standards for municipal courts and municipal court personnel; to support the interest of the judicial branch of government with respect to training, certification, continuing education and procedural reviews; to disseminate information to the “Membership”; and, to foster and promote the Association within the State.

 

ARTICLE 2: MEMBERSHIP

 

2.1        LEVELS OF MEMBERSHIP:

(a)        ACTIVE MEMBERSHIP: Shall be comprised of any municipal court clerk, magistrate or judge, actively serving in a full time or part time position with any municipal court in the State of Alabama.

(1)        Active Membership rights include serving on the Board of Directors, as an Officer of the Association and one member vote on issues before the Association, except that no sitting municipal court judge may serve on the Board of Directors or as an Officer of the Association.

(2)        Dues for the Active Membership shall be One Hundred Dollars ($100.00) per year beginning January 2009, payable by January 31 of each calendar year.  The Dues increase to One Hundred Fifty Dollars ($150.00) if they are paid after the 31st of January of the year they are due.

(3)        Dues for large courts, with 10 magistrates or more shall be One Thousand Dollars ($1,000.00) per calendar year beginning January 2009.  The dues plus late fees will amount to One Thousand Five Hundred Dollars ($1,500.00) should the annual dues be paid after the 31st of January in the year they are due.  The large courts will have their dues increased in two steps.

Step one will become effective on January 1, 2015:

                        Huntsville increases from $1,000 to $1,500

                        Birmingham and Mobile increase from $1,000 to $1,750

Step two will become effective on January 1, 2016:

                        Huntsville increases from $1,500 to $2,000

                        Birmingham and Mobile increase from $1,750 to $2,500

 

(b)        ASSOCIATE MEMBERSHIP: Any attorney who serves as a judge pro tem in a municipal court in the state of Alabama shall be eligible to become an associate member of this Association after being sponsored by an active member for membership, and a majority vote in favor of their membership at any meeting of the Association or its Board of Directors.

(1)   Associate Membership rights include one member vote on issues before the Association, however, an associate member may not serve as an officer or board member of the association.

(2)   Dues for Associate Members shall be Fifty Dollars ($50.00) if paid by the 5th

of January of each year beginning January 1, 2009, otherwise, a late fee of Twenty Five Dollars ($25.00) will be added to the amount due.

 

(c )       RETIRED MEMBERSHIP: Any prior Active or Associate Member may retain their membership upon retirement from their position should they so desire.

(1)   Retire Membership rights include one membership vote on issues before the Assocation, however, a retired member may not serve as an officer or board member of the association.

(2)   Dues for the Retired Members shall be Twenty Five Dollars ($25.00) if paid by the 5th of January of each year beginning January 1, 2009, otherwise, a late fee of Ten Dollars ($10.00) will be added to the amount due.

 

2.2          TERMINATION OF MEMBERSHIP:  Any Member of the Association shall automatically cease their membership upon failure to pay dies in full (may renew their membership upon payment of dues within 45 days of the due date), or; is dismissed from employment by their Municipality for conduct unbecoming a court clerk or magistrate.  Judges, or any attorney who holds an associate membership, who cease to be a member of the Alabama Bar Association shall automatically lose their eligibility for membership in the AMCCMA.

 

ARTICLE 3: ASSOCIATION MEETINGS

 

3.1        ANNUAL MEETING

(a)        The annual meeting for members shall be held during the month of September to allow all magistrates who have completed the Municipal Magistrates’ Certification Program during the calendar year will be able to attend the graduation ceremonies, and it will be held within the state of Alabama.  The date, time and location shall be determined by the Officers and Board of Directors.

(b)        The dates, times, location and agenda for the annual meeting for members shall be published to all members at least One Hundred Twenty Days (120) in advance of said meeting.

(c )       The annual meeting for members shall be the first item on the agenda of the first day of the annual conference via a vote of the membership at large during the 2008 annual meeting.

(d)        Elections will immediately follow the annual meeting for members via a vote of the membership at large during the 2008 annual meeting. 

          The length of the annual conference has been set at 3 and ˝ days via a vote of the membership at large during the 2014 annual meeting.

 

3.2          REGULAR SCHEDULED BOARD MEETINGS

(a)           There will be four (4) regular scheduled board meetings held within the calendar year.  A regular scheduled board meeting may be held with any three (3) of the five (5) voting members in attendance.  Since a voting member can vote via phone for two (2) of the four (4) meetings this allows one (1) of the three (3) to attend via phone.  Voting members may only attend and vote via phone for two (2) of the four (4) regular scheduled board meetings.           

 

3.3        SPECIAL MEETINGS

(a)        A special meeting of the board may be called by the President or by a majority of the members of the Board of Directors.  Said meeting will follow the specific agenda for the purpose of the meeting being called and no other business of the association will be considered at that time.  At lease thirty (30) days notice shall be given for each special meeting. 

 

(b)        No special meeting of the Association may be held without a Quorum present.  

 

a.4          QUORUM: A Quorum for special meetings consists of any three (3) of the five (5) voting members.    

                                                                                                                              

ARTICLE 4: BOARD OF DIRECTORS

 

4.1        POWERS AND FUNCTIONS:

(a)        The Alabama Municipal Court Clerks and Magistrates Association (AMCCMA) does hereby create a board of directors consisting of the following: 

President of the Association (Four Year Term)

(Votes only to break a tie vote by the Board)

Vice-President/President-Elect (Voting Member) (Four Year Term)

Secretary/Treasurer (Non-Voting Member) (Three Year Term)

Elected Members at Large (FOUR) (Voting Members) (Four Year Term)

(a)           The elected members at large will act in a voting capacity on all financial and organization issues of the Association. 

 

 

 

4.2        ELIGIBILITY FOR ELECTION TO THE BOARD OF DIRECTORS

The seat of Vice-President is an elected position on the board of directors.  To be eligible for nomination for the office of Vice-President the following requirements must be met:

(a)   Must be a working municipal court clerk or magistrate for a minimum of three (3) consecutive years

(b)   Must be a certified municipal court clerk or magistrate

(c)   Must be current on all continuing education requirements

(d)   Must have served a minimum of one (1) three (3) year term as a board member in either place 1, 2, 3 or 4.

(e)   Must attend the annual meeting

(f)    Person who makes the nomination must also be a member in good standing                                                      

The Board member places 1, 2, 3 or 4 are elected positions on the board of directors.  To be eligible for nomination for board member places 1, 2, 3 or 4 the following requirements must be met:     

(a)   Must be a working municipal court clerk or magistrate for a minimum of three (3 ) consecutive years

(b)   Must be a certified municipal court clerk or magistrate

(c)   Must be current on all continuing education requirements

(d)   Must be a member of the AMCCMA for a minimum of three (3) consecutive years and in good standing

(e)   Must attend the annual meeting

(f)    Person who makes the nomination must also be a member in good standing

 

4.3        REMOVAL FROM OFFICE: Any officer or member of the Board of Directors who fails to attend Two (2) meetings of the board without adequate reason determined by the remaining board members and officers after the member has an opportunity to discuss same with the board, shall be removed from that office or as a member of the board and their term will be filled by another member chosen by the president and ratified by the remaining board members.  The vote to remove the officer or board member and ratify the member chosen to replace them must pass with Four (4) members in favor. 

 

4.4        DUTIES OF THE BOARD OF DIRECTORS

 (a)       PRESIDENT: The President shall preside over the annual meeting, shall be responsible for normal business of the Association, on a day to day basis, under the direction of the Board of Directors, Articles of Incorporation and By-Laws.  The President shall preside at the meeting of the Board of Directors as described in Article 3.

(b )       VICE-PRESIDENT/PRESIDENT ELECT:

The President Elect is the first assistant to the President of the Association and shall preside at the Annual Meeting, Board Meetings and any special called meeting in the absence of the President.

(c)        SECRETARY/TREASURER:

The Secretary/Treasurer shall be employed as a three (3) year independent contractor for the Association.

(1)   The Secretary/Treasurer shall maintain and keep all records of meetings, legal and business transactions and annual elections.                                                                       

(2)   The Secretary/Treasurer shall attend the Annual Conference.  The Secretary/Treasurer shall be responsible for all accounts receivables and accounts payable.  An accounting of the Association treasury shall be distributed to the Officers of the Board.

(3)   The position of Secretary/Treasurer shall be a non-voting position-appointed by the President and confirmed by the Board of Directors.  The Secretary/Treasurer is specifically designated as an independent contractor position.  The contract fee is to be set by the Board of Directors.     

(4)   The Secretary/Treasurer is responsible for keeping records on the expiration date of each board seat.

(5)   The Secretary/Treasurer shall not draw any check against said account of the Association or create any obligation against said account funds except when authorized by the President or Vice President of the Association.

 

(e)        BOARD OF DIRECTORS

(1)        All corporate powers shall be exercised by and under the authority of the appropriate Officer and the Board of Directors.  All business matters shall be managed with the direction of the Board of Directors.

 

 (2)       The number of seats on the Board of Directors shall be as above with a total of Five (5) voting members and One (1) non-voting member.  The President of the Association votes only in the event of a tie vote of the board.  Members of the Board of Directors and their voting capacity at any Board Meeting are as follows:

1. President of the Association – Tie breaking vote only

2. Vice-President/President-Elect – Voting member of the Board

3. Elected Members at Large (4 seats) – Voting Member of the Board    

4. Secretary/Treasurer (contract employee) – No Board Vote

(3)        The seat of the President is not subject to election at the annual conference.  The term of office for the President is four (4) years.  In the event the President dies, resigns, becomes incapacitated  or is otherwise removed from office, the Vice-President shall assume the unexpired term of the President.  At the end of said term, the Acting President shall then fill his/her four (4)  year term as President based on his/her elected term as Vice-President. 

(4)        The seat of the Vice-President is subject to election at the annual conference.  The term of office for the Vice- President is four (4) years.  In the event the Vice-President dies, resigns, becomes incapacitated, has to fill the remaining term of office of the President, or is otherwise removed from office, the Board shall appoint a member in good standing to fill the unexpired term of the Vice-President.  At the end of said term, the Vice-President shall then fill the four (4) year term as President.  Therefore, the office of Vice-President will be up for election.

(5)        The seats of the elected members at large are subject to election at the annual conference.  The term of office for the elected members at large is four (4) years.  In the event any elected member at large dies, resigns, becomes incapacitated, moves

up to fill the term of vice-president or otherwise removed from office, the Board of Directors shall appoint a member of the association to fill the unexpired term of said elected member at large (board member).  To ratify the member chosen the vote must pass with Four (4) members in favor.   

 (6)       The Board of Directors shall establish an appropriate chain of responsibilities for any organization structure and committees which it may create.

(7)        All terms will begin at the end of the annual association meeting.

(8)        All scheduled board meetings will be attended by the president, vice-president and the (four) 4 elected members at large and the secretary/treasurer.  The board shall meet a minimum of four (4) times per year.

 

ARTICLE 5: EXPENSES

 

5.1        BOARD OF DIRECTORS

The following expenses will be paid for the President, Vice President and the four (4)

elected Board Members at large:

(a)            AMCCMA Annual Conference

1.     Hotel Expense  - The hotel expense for all 5 board members will be  paid by the association, even for board members who live in the conference city.    

2.     Mileage is set out as follows:

0-125 miles $50

126-250 miles $100

251-375 miles $150

376-500 miles $200

501-625 miles $250

(No mileage is paid if the board member drives a city vehicle or the conference is held in the board member’s home city)

3.     Per Diem is set at a flat rate of $75.00 – all the meals are provided throughout the conference with the exception of lunch on Wednesday and Saturday. 

(b)            Mileage to and from any regular scheduled board meeting or special board meeting is based on the above mileage chart.  (No mileage will be reimbursed if the board member drives a city vehicle or if the meeting is held in the board member’s home city)  

(c )       If a board drives their personal vehicle during the performance of an official task within their home city for the Board, actual mileage will be paid based on the state rate of .56 per mile.  (No mileage will be reimbursed if the board member drives a city vehicle)

(d)        Purchases made on behalf of the Board will be reimbursed.  (Member must submit the original receipt – no photo copies will be accepted)

(e)        In the event a city will not agree to pay the registration fee or other expenses for a board member to attend the annual conference, the board member can request financial assistance based on the financial hardship it would place on the city.  The financial hardship request will be presented to the board for a vote.  The board can vote to pay part or all of the expenses listed in the request for financial assistance.

 

5.2          SECRETARY/TREASURER

The following expenses will be paid for the Secretary/Treasurer:

(a)          AMCCMA Annual Conference

1.     Registration Fee for the AMCCMA Annual Conference unless the registration fee is waived by the Alabama Judicial College.  If the secretary/treasurer registers on his/her own, to request reimbursement the secretary/treasurer must submit a claim, along with the judicial college receipt

2.     Lodging Fee for four (4) nights, unless the AJC makes the reservation and has the costs added to the master bill.  If the secretary/treasurer pays the lodging fee on his/her own, to request reimbursement the secretary/treasurer must submit a claim, along with the original receipt of payment from the hotel.

3.     Mileage – based on the above mileage chart on listed on page 5.

4.     Per Diem is to be paid at the state rate of $75.00 per day with $30 for a ˝ day – and mileage will be paid based on the new mileage schedule..

(b)        Mileage to and from any regular scheduled or special board meeting will be based on the mileage chart on page 5.  (no mileage paid for meetings held in Montgomery)

(c)        Actual mileage incurred during the performance of an official task for the Board will be paid at the state rate of .56 per mile. 

(g)         Purchases made on behalf of the Board.  (must submit the original

receipt – no photo copies will be accepted)     

 

5.3          MILEAGE RATE

Mileage is paid based on the new mileage schedule set out by the board of directors. 

0-125 miles $50

126-250 miles $100

251-375 miles $150

376-500 miles $200

501-625 miles $250

(No mileage is paid if the board member drives a city vehicle or the conference is held in the board member’s home city)

 

CERTIFICATION OF ADOPTION

 

The undersigned Secretary/Treasurer of the Alabama Municipal Court Clerks and Magistrates Association hereby certifies that the preceding By-Laws were duly approved and adopted by a majority vote of the Membership present in person at the annual meeting held on the 3rd  day of June, 2016.

 

 

Joy Evans        

Joy Evans, Secretary

Alabama Municipal Court Clerks and Magistrates Association

Copyright 2011 AMCCMA. All Rights reserved