Constitution

Preamble

The New York State Association of School Business Officials is dedicated to the advancement of education by providing leadership in the practice of school business management and by affording its membership opportunities for professional growth and services.

Purposes

This corporation is formed to receive, administer and expend funds for charitable and educational purposes, to:

1. engage exclusively as an organization to advance educational, scientific and charitable endeavors pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 or corresponding provisions of any subsequent federal tax laws;

2. advance education at the elementary, secondary, college and post-graduate levels;

3. enable the members and the general public to better conduct the management of schools at all levels for the benefit of the students and the community;

4. conduct research in the aforesaid areas for the benefit of the students and the community;

5. provide a program of professional education for persons engaged in or studying the field of educational administration;

6. protect the public by promoting the highest standards of ethical conduct by persons engaged in the field of educational administration.

Article I – Membership

Membership in the Association shall consist of five classifications: Active, Institutional, Associate, Honorary Life and Emeritus.

1. Active membership shall be available to all persons engaged in the practice or instruction of school business management. Active members shall have voting privileges.

2. Institutional membership shall be available to educational institutions. Institutional members shall not have voting privileges.

3. Associate membership shall be available to former active members; students enrolled full time in a graduate program of educational administration; members of Boards of Education; exhibitors; and others directly associated or concerned with the aims of the Association.

4. Honorary Life membership shall be granted to Past Presidents of the Association and those persons determined by the Executive Board of the Association who have merited such membership. Honorary Life members shall not have voting privileges. Past Presidents who otherwise qualify for Active Membership shall be afforded all the privileges of Active membership until retired from education in New York State.

5. Emeritus membership shall be available to retired members who have completed ten consecutive years of active service as a member of the Association prior to retirement. Emeritus members shall not have voting privileges.

Article II – The Executive Board

The Executive Board of the Association shall consist of a President, President-Elect, the Immediate Past President and six Directors.

1. The President-Elect shall be elected annually by the membership, and shall become President immediately following completion of the term as President-Elect.

2. Three Directors shall be elected annually by the membership for a two-year term.

3. In the case of a tie in the election for any member of the Executive Board, the existing members of the Executive Board, except for any member of the Board who may be involved in the tie, shall, by 2/3 majority of those remaining members select the winning candidate. The determination shall be made at the next regularly scheduled meeting of the Executive Board following the election where the tie occurred.

4. Only Active members may be nominated for the position of Director and only persons who have served at least two consecutive years as a Director are eligible to be nominated for the position of President-Elect or President.

5. In the case of a vacancy on the Executive Board, the remaining members of the Executive Board shall, by majority vote, have the power to fill the vacancy until the next election. Should the office of President-Elect become vacant, there shall be a special ballot for the office of President at the next election.

6. The Executive Board is vested with the power to act in the name of the Association between Annual Meetings. Such power will include, but not be limited to:

a. appointment of a qualified auditor to perform an independent audit;

b. selection of the site of the annual meeting

c. power to remove for good cause, by unanimous vote of those present at a duly constituted meeting, any member of the Board;

d. creation of any committee or task force as may be required to further the work goals and objectives of the Association.

7. The Executive Board shall meet at least four times in any fiscal year. It shall conduct its business in accordance with the latest edition of Robert’s Rules of Order. Minutes of actions taken by Board shall be maintained. A summary of actions taken shall be made available to the membership. All members of the Executive Board shall serve until replaced by their successors.

Article III – Executive Director & Treasurer

1. An Executive Director shall be appointed by the Executive Board under terms and conditions determined by the Executive Board. The Executive Director shall perform such duties and functions as shall be prescribed by the Executive Board. The Executive Director shall not be eligible to serve as a member of the Executive Board or as the Treasurer.

2. A Treasurer shall be appointed annually by the Executive Board. He/She shall serve at the Executive Board’s pleasure under terms and conditions determined by the Executive Board. The Treasurer shall perform such duties and functions as shall be prescribed by the Executive Board. The Treasurer shall be supervised and evaluated by the Executive Director. The Treasurer shall not be eligible to serve as a member of the Executive Board.

Article IV – Meetings

1. The Association shall hold an Annual Meeting at a time, date and location to be determined by the Executive Board. A notice to the membership, either by mail or in the Reporter, is required thirty days in advance of any meeting at which the Executive Board will vote on a change in the Annual Meeting time, date or location.

2. A Special Meeting of the Association’s membership may be called by the Executive Board with notice to members at least three weeks before the proposed meeting date. Such notice shall include the time, location and purpose of the meeting.

3. Any motion or proposition to come before a meeting of the Association, except amendment of the Constitution and By-Laws of the Association, must be approved by a majority of those present and voting.

Article V – Chapters Of The Association

The Executive Board may grant, revise or revoke a charter to a regional group of members which shall be known as a Chapter.

Article VI – Affiliation

The Executive Board may establish liaison with such organizations or groups as it shall determine to be in the best interest of the Association. However, liaison or affiliation shall not be established with any organization or group which shall alter the status of the Association membership or will require financial support in excess of $1,500.00 without the approving vote of the membership at an Annual or Special Meeting.

Article VII – Charitable Activity Restrictions

No part of the net income of the Corporation shall inure to the benefit of, or be distributable to, its Executive Board, Officers or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services actually rendered and to make payments and

distributions in the furtherance of the purposes and objectives of this Corporation. No substantial part of the activities of the Corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in, any political campaign on behalf of any candidates for public office.

Notwithstanding any other provisions of these Articles, the Corporation shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws, or by an organization contributions to which are to be deductible under Section 170(c)(2) of such Code or corresponding provisions of any subsequent federal tax laws.

Article VIII – Amendment to the Constitution & By-Laws

Proposed changes to this Constitution and By-laws of the Association may be made by any voting member to the Executive Board in writing no later than seventy-five days prior to the first day of the meeting. Such proposals may be changed or corrected solely for the purpose of clarification prior to the time of voting. Such proposed changes shall be made available to the membership not later than sixty days prior to the first day of the meeting. Approval of proposed changes shall be by not less than 2/3 of those voting, either present or by absentee ballot.

Article IX – Dissolution

Upon dissolution of the Corporation, the assets of the Corporation shall be distributed exclusively for charitable or educational purposes, or to tax exempt organizations. Such organizations must be exempt from Federal tax under Section 501(c)(3) of the Internal Revenue Code of 1986. Contributions must then be deductible under Section 170(c)(2) of such code or corresponding provisions of any subsequent federal tax laws. Organizations having purposes similar to those of the Corporations shall be preferred.

By-Laws

Article I – Duties Of Officers

1. The President shall represent the Association in accordance with the Constitution and By-Laws shall act as Chairperson of the Executive Board. He/She shall preside at all business sessions of Association meetings and perform such other duties as may be prescribed by the Executive Board.

2. The President-Elect shall perform the duties of President when the Executive Board shall determine that the President is unable to act. He/She shall also perform those duties as the President may delegate him/her.

Article II – Dues

1. The annual dues of active members shall be thirty-five hundredths of one percent (0.35%) of each member’s annual salary. The minimum dues for active membership will be $50 per year. If the fund balance on audited expenditure falls below 40%, the dues shall be increased by .0005 effective January 1st of the succeeding year. The Executive Board (Board of Directors) is authorized to postpone this dues increase when there has been an increase the previous year.

2. The annual dues for educational associate members shall be $50 per year and shall include students enrolled in a full-time graduate program of school administration, members of boards of education and retired members who do not qualify for emeritus membership. The annual dues for business associate members shall be $175 per year. Associate membership dues shall be increased at the discretion of the Board of Directors.

3. Emeritus members who have had ten (10) consecutive years of active service as a member of the Association prior to retirement and those elected Honorary Life membership shall enjoy free membership.

4. There shall be an institutional membership available to school district, etc. in the amount of $250. Like educational associate and business associate members, institutional members will receive mailings from the Association, but will not have the privilege of voting.

5. The Executive Board is authorized to set a registration or a tuition fee for the Annual and Special Meetings of the Association and for all seminars.

Article III – Membership And Fiscal Year

1. Membership shall be continuous effective of the date of the first payment of dues.

2. The fiscal year shall extend from July 1 to June 30.