NCACES

BY-LAWS OF THE NORTH CENTRAL ASSOCIATION
FOR COUNSELOR EDUCATION AND SUPERVISION

Adopted November 10, 1974
Revised October 18, 2002
Revised October 24, 2005
Revised April 14, 2009
Revised March X, 2013
Revised October 10, 2016



Article I
Name and Purpose


Section 1. Name: The name of this Association shall be the North Central Association for Counselor Education and Supervision (NCACES), a Division of the Association for Counselor Education and Supervision (ACES).

Section 2. Affiliation: This Association is organized and governed in accordance with the Bylaws of NCACES. ACES has fiduciary responsibility over NCACES.

Section 3. Purpose: The purpose of the Association, in accordance with the purpose of ACES, shall be to advance counselor education and supervision in order to improve guidance, counseling, supervision, and student personnel services in all settings of society. 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. Dissolution: In the event of dissolution or final liquidation of the Association, the Governing Council shall, in consultation with the ACES Executive Committee, after paying or making provision for the payment of all the lawful debts and liabilities of the Association, distribute all the assets of the Association to one or more of the following categories of recipients as the Governing Council of the Association shall determine:

a) a non-profit organization or organizations which. may have been created to succeed the Association, as long as such organization or each of such organizations shall then qualify as a governmental unit under section 170(c) of the Internal Revenue Code of 1954 or as an organization exempt from federal income taxation under section 501 (a) of such Code as an organization described in section 501 (c)(3) of such Code; and/or
b) a non-profit organization or organizations having similar aims and objects as the Association and which may be selected as an appropriate recipient of such assets, as long as such organization or each of such organizations shall then qualify as a governmental unit under section 170(c) of the Internal Revenue Code of 1954 or as an organization exempt from federal income taxation under section 501 (1) of such Code as an organization described in section 501 (c)(3) of such Code.

No part of the net earnings, gains or assets of the Association shall accrue to the benefit of or be distributable to its directors, officers, other private individuals or organizations organized and operated for a profit (except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes as herein above stated). No substantial part of the activities of the Association shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the Association shall be empowered to make the election authorized under section 501 (h) of the Internal Revenue Code of 1954. The Association shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision herein, the Association shall not carry on any activities not permitted to be carried on:

a) by an organization exempt from federal income taxation under section 501 (a) of the Internal Revenue Code of 1954 as an organization described in section 501(c)(3) of such Code,
b) by an organization described in sections 509(a)(1), (2) or (3) of the Internal Revenue Code of 1954 (as the case may be), and/or,
c) by an organization, contributions to which are deductible under sections 170(c)(2), 2055(a)(2) of the Internal Revenue Code of 1954. References herein to sections of the Internal Revenue Code of 1954, as amended, are to provisions of such Code as those provisions are now enacted or to corresponding provisions of any future United States internal revenue law.


Article II
Membership

Section 1. Membership, Eligibility: All ACES members who reside in the NCACES region will automatically be a member of NCACES. ACES members residing outside the region may also join NCACES by paying the regional dues established by ACES.

Section 2. Types of Membership. This Association shall consist of four types of membership: Professional, New Professional, Student, or Retired.

Section 3. Privileges of Membership.
(a) All Professional members (including New Professional members) shall have all the rights and privileges normally accorded members of a scientific, educational, and professional association including the right to vote and hold elective office.
(b) New professional members shall have all the rights and privileges normally accorded members in a scientific, educational, and professional association, including the right to vote and hold elected office.
(c) Student members shall have all the rights and privileges accorded professional members as long as they meet criteria ACES prescribes for student membership, including the right to vote and hold elected office other than the office of president-elect.
(d) Retired members shall be entitled to all privileges of professional members, but shall be entitled to reduced annual dues.

Section 4. Requirements of Membership. To be a Professional, New Professional, Student, or Retired member of NCACES, a person must be a member of ACES. Criteria for membership in ACES are as specified in Article ll, Section 3 of the ACES By-Laws.

Section 5. Severance of Membership. Failure to pay dues as prescribed by the Association and by ACA shall be interpreted as withdrawal from membership in ACES and NCACES. Reinstatement shall be by renewed application, as in Section 3 of this article.

Any member may be dropped from membership for any conduct that tends to injure the Association or to adversely affect its reputation, or that is contrary to or destructive of its objectives according to the By-Laws and Code of Ethics of the Association. Complaints brought against members shall be processed according to due process and the ACA By-Laws and the ACA Code of Ethics Committee Policy and Procedure for Processing Complaints of Ethical Violations.


Article III
ACES Regional Association(s) and National Interest Sections


Section 1. Recognized ACES Regional Association(s). The North Central Regional ACES Association shall be one of the five (5) regional Associations. Others include (a) North Atlantic, (b) Rocky Mountain, (c) Southern, and (d) Western.

Section 2. Government of ACES Regional Association(s). The North Central Regional Association shall be autonomous in the conduct of its affairs consistent with the By-Laws of ACES and ACA.


Article IV
Representation in ACES


The president of this Association or his/ her designate shall represent the Association on the Governing Council of ACES.


Article V
Governing Council


Section 1. Functions of the Council. The NCACES Governing Council shall be the agency through which the general administrative and executive functions of the Association shall be carried out. It shall perform the responsibilities assigned to it by these By-Laws and shall conduct, manage, and control the business of the Association. It shall be responsible for appointing successors when elected officers cannot complete their terms, or when by majority vote, the Governing Council determines that a current elected officer is not fulfilling their responsibilities, unless otherwise provided for in these By-Laws.

The function of the NCACES Governing Council is to serve as the agency through which the Executive Committee or the President maintains liaison with members of the Association throughout the year. The Governing Council:

a) may be consulted by the President or the Executive Committee on matters that effect the Association throughout the year.

b) may suggest issues and/or concerns to the President or the Executive Committee for the good of the cause.

c) may recommend Committee Chairpersons and Committee members for NCACES standing and special committees.

d) shall assist with communication between the President and Executive Committee and the membership.

Section 2. Membership. The Governing Council shall consist of the President, immediate Past President, President-Elect, Secretary, and the Member-at-Large, all of whom are elected members of NCACES; the Treasurer, Chairpersons of all Standing Committees, and two representatives for each state in the NCACES region. It is recommended that All Presidents of State Divisions of ACES in the NCACES region or their designee and/or a supervisor serve as the state representatives. Each state shall submit electronically or otherwise the name, address, and phone number of its state president or the state president’s official designee to the Secretary of NCACES annually, on or before August 1st.

Each member of the NCACES Governing Council shall be entitled to one vote.

A parliamentarian shall be named by the presiding President each year and serve on the NCACES Governing Council. The Parliamentarian is a non-voting member.

The Governing Council shall meet two times each year, once at the regional or national ACES conference in the fall and once at the ACA conference in the spring. The Governing Council shall also have electronic virtual meetings when needed.

Section 3: Executive Committee. This committee shall consist of the elected officers of NCACES, the President, the President-elect, the Immediate Past-President, the Secretary, the Member-at-Large, and the person appointed as Treasurer.

Each member of the Executive Committee shall be entitled to one vote.

Between meetings of the Association, the Executive Committee shall carry out the policies and decisions of the Governing Council.


Article VI
Officers


Section 1. Elective Officials. The elective officials shall be a president, a president-elect, a representative at-large and a secretary. All elected officials shall be professional members of NCACES and must reside in the region for their entire term. All shall serve a term of one year, from July 1 through June 30, except as otherwise provided in these By-Laws.

Section 2. The Immediate Past President. The Immediate Past President shall serve as Chair of the Nominations and Elections Committee, serve on the Governing Council and the Executive Committee of the Association and as the editor of the NCACES Newsletter.

Section 3. The President. The President shall be the chief executive officer of the Association and Chair of its Governing Council and the Executive Committee. Subject to policies approved by the Governing Council, the President shall appoint the treasurer, chairs and members of all committees, and shall hold ex-officio membership on all committees. The President shall report annually to the Association upon actions of the Governing Council and other items of concern to the members. He/she shall serve as official representative of the Association on the Governing Council of ACES. The President shall serve as the Conference Coordinator, in consultation with ACES Conference Coordinator, should a regional conference be held during his or her presidential year.

Section 4. The President Elect. The President Elect shall act as President at all Association or Governing Council meetings in the absence of the President and shall serve as Chair of the Budget and Finance Committee. The President Elect shall succeed to the presidency at the expiration of his/ her term as President Elect, and chair the Research Grant Awards Committee. The President Elect shall serve as the Conference Program Coordinator should a regional conference be held during his or her president elect year. The Conference Program Coordinator is responsible for the following: (a) call for proposals, (b) coordinating the review of proposals, (c) notification of decisions for proposals, and (d) creation of a conference program.

Section 5. The Treasurer. The Treasurer shall be appointed by the President to a three-year term, and shall fulfill the following roles and responsibilities:
(a) Collaborate with ACES Treasurer and NCACES Governing Council to develop an annual operational budget for Fiscal Year (FY) beginning July 1st;
(b) collaborate with ACES Conference Coordinator to develop a regional conference budget. The NCACES Governing Council will review and approve both the operational and conference budgets. After the budgets are approved, the NCACES Treasurer will submit the FY operational budgets to the ACES Treasurer for review by June 1st. The NCACES Treasurer shall submit the approved regional conference budget to the ACES Treasurer by December 1st of the year prior to the conference. Regional revenues distributed by ACES will be dependent upon receipt of the approved regional budgets from the NCACES Treasurer;
(c) The ACES Treasurer will add the regional budget to the overall ACES budget and will submit the ACES budget to the ACES Governing Council for final approval at the ACES summer Governing Council meeting.
(d) Collect all invoices for regional expenses and will forward them to the ACES treasurer on a timely basis; and (e) upon receipt of a monthly ledger from the ACES treasurer, the NCACES treasurer will review regional revenue and expenses and will submit an annual report to the NCACES Governing Council. The Treasurer shall serve as an ex-officio member of the Budget and Finance Committee.

Section 6. The Secretary. The Secretary shall keep the records of the current activities of the association, the Executive Committee, and the Governing Council. The Secretary shall submit records of the NCACES Business meetings at either the ACES or NCACES fall conference and the ACA spring conference. The Secretary shall perform such other duties as assigned by the President and/or by the NCACES Governing Council.

Section 7. Member At Large. The Member At Large shall be the Chair of the Awards Committee.

Section 8. Parliamentarian. The Parliamentarian gives advice to the President and members during meetings, informs the President of errors in parliamentary procedures if they affect the basic rights of members, and gives advice to members during times when there is not a meeting in process.

Section 9. Nominations and Elections. In accordance with policies approved by the Governing Council, the Nominations and Elections Committee shall conduct the nominations and elections of the Association, review and recommend procedures for carrying out the annual election in accordance with the policies adopted by the Governing Council and shall propose to the Governing Council nominees for President Elect of NCACES.

Election ballots shall be prepared and processed as follows:

(i) The Nominations and Elections Committee, chaired by the Immediate Past President shall canvass the membership at the annual business meeting, and through social media or email,for names of suitable nominees for the elective offices of the Association. Guided by the results of this canvass, the Committee shall prepare a nominating ballot. There shall be two names on the nomination ballot for each office to be filled. If an insufficient number of names are obtained through the canvass, the Committee shall add names to complete the minimum required for the ballot, if possible. This ballot shall be submitted electronically to all voting members of the Association.

(ii) The Committee shall include on the nominating ballot the names of any members presented to it and supported by a petition carrying the signatures of at least 10 voting members, provided that the candidate is eligible and willing to serve. This process may be carried out in person, for example at regional or national ACES conferences, or by electronic means.

(iii) The Committee shall place on the final ballot the names of the two individuals receiving the highest number of primary election votes for each office,

(iv) The election ballot shall be given to the Secretary for electronic distribution by November 15th to those members eligible to vote. The Committee, which shall have jurisdiction over all questions relative to the election, shall count or verify the votes (when using survey software) and announce the newly elected officers by December 1st.

Section 10. Vacancies in Unexpired Terms. The President Elect shall succeed the President for any unexpired term and continue as President for the term for which he/ she was elected. In the case of a vacancy in any elective office, the NCACES Governing Council shall have the power to fill the same until the election, and persons thus appointed to office shall be eligible for election to succeed themselves for one full term. The President shall have the authority to appoint substitute representatives.

Section11. Reelection. No elected officer of the Association may succeed himself/ herself in office, except as provided in Section 10 of this Article. This provision does not abridge a member’s right to be elected to any office at a later time.


Article VII
Meetings


Section 1. Regular Meetings. The Governing Council shall meet two times each year, once at the regional NCACES or national ACES conference in the fall and the other at the ACA World conference in the spring. The annual NCACES meeting shall be held during the regional NCACES or national ACES conference. Such business shall coincide with the fiscal year of ACA/ACES with respect to necessary reporting to the parent organizations.

Section 2. Special Meetings. The President may, with the approval of the Executive Committee, call additional meetings of the Association when necessary. Notice of such meetings shall be given to all members at least two weeks prior to the meeting date.


Article VIII
Business Affairs


Section 1. Dues. The ACES Governing Council will establish the dues for ACES members, which includes membership in the region.

Section 2. Quorums. A quorum for conducting business at business meetings of the Association shall be 25 members except as provided for in Section 1(d) of Article X. A quorum for conducting business of the Governing Council shall be a majority of the authorized membership of the Council.

Section 3. Reports. The Governing Council, the officers, and the chairs of each committee shall submit a report of their activities at the annual business meeting and at such other times as the President may direct.

Section 4. Fiscal Year. The fiscal year of the Association shall coincide with the fiscal year of ACES.

Section 5. Interests of Members in Association Property. No member shall have any severable or transferable interest in property of the Association. All rights, title, and interest of a member in and to the property of the Association shall cease upon his/her being dropped from the membership roll, or death. Upon dissolution of the Association, none of its property or assets shall be distributed to any of the members, and all such property and assets shall be transferred to ACES.

Section 6. Rules of Order. The business of this Association shall be conducted according to Robert’s Rules of Order except when otherwise specified in these By- Laws.

Section 7. Historian/Archivist. The Historian/Archivist shall be responsible for collecting, organizing, and cataloging all past records of the Association. This person shall also serve as historian on all previous business and activities of the Association and shall:

a) As a result of a regional search, be appointed by the President for a five-year term with the approval of the Governing Council.

b) Have a recent leadership experience in the Association; have knowledge of the workings of the Association over an extended period of time; and, have adequate time to properly collect, file and store all materials received.

c) Be located at or near an institution or office which would be an appropriate an acceptable place for the ACES archives during this person’s term of appointment.


Article IX
Committees


Section 1. Standing Committees. There shall be standing committees of the
Association with the designated chair as follows:

Awards Committee (Member-at-Large, Chair)
Budget and Finance Committee (President-Elect, Chair)
Graduate Student Committee (NCACES Graduate Student Representative, Chair)
Membership Committee (Membership Chairperson, Chair)
Nominations and Elections Committee (Immediate Past-President, Chair)
Program Committee (President, Chair)
Research Grant Awards Committee (President-Elect, Chair)

Section 2. Committee Functions. The functions of the committees shall be as follows:

The Awards Committee shall oversee and coordinate the invitation for, review of, and selection of the recipients for all non-research awards given by the Association. This shall include preparation of announcements calling for nominations, monitoring of rewards criteria, carrying out all responsibilities associated with the annual determination of awardees, and making periodic reports to the Governing Council and business meeting with respect to new awards, amended criteria, and elimination of various awards. The awards Committee Chair shall represent the North Central Regional Association of ACES Award Committee. The awards committee chair is the member-at-large to the Governing Council.

The Budget and Finance Committee shall be responsible for preparation and presentation of the annual budget. It shall also carry out such other activities as may be assigned by the Governing Council or President.

Graduate Student Committee is charged with encouraging NCACES/ACES membership and participation by graduate students in counselor education and counselor supervision, with encouraging and assisting NCACES in development of student organizations within the ACES structure, and with communication the concerns and needs of graduate students to the Governing Council and Business Meeting.

The Membership Committee shall actively promote membership in the Association. The Committee chair shall represent North Central ACES region on the ACES Membership Committee in the maintenance of a national network. The NCACES Membership Chair also serves as the de-facto registrars for regional conferences: creating registration forms, collecting registration fees and running a registration desk at the conference. The Membership Committee is also responsible for coordinating the continuing education process for the regional conference and maintaining the Approved Continuing Education Provider (ACEP) status with the National Board for Certified Counselors.

The Nominations and Elections Committee shall be responsible for carrying out nominations and elections procedures. The membership shall consist of the immediate Past President, who shall be chairperson, plus three additional members appointed by the President.

The Program Committee shall be responsible for the program at the bi-annual NCACES convention and other professional programs deemed appropriate by the Governing Council.

The Research Grant Awards Committee shall be responsible for invitation for, review of, and selection of the recipients for all research awards given by the Association.

Section 3. Special Committees. Special committees may be authorized by the Association or by the Governing Council. Such committee shall continue for not more than two years, unless otherwise specified in the motion establishing the committee, or unless the term of the committee is subsequently extended by the Association or the Governing Council. This includes the following committees, which used to be standing committees:

Accreditation Committee: The Accreditation Committee shall be responsible for linkage with the Council for Accreditation of Counseling and Related Educational Programs as well as the ACA Professional Preparation and Standards Committee and for the monitoring of related program standards and accreditation policies and practices. The committee may from time to time assist institutions in preparation for review and evaluation of their counselor education programs. The committee shall make periodic recommendations to the Governing Council with respect to the adequacy of preparation standards. The Accreditation Committee will be chaired by the Mid West ACES Representative on the Accreditation Committee.

By-Laws and Resolution Committee: The By-Laws and Resolutions Committee shall receive and review proposals for amending the By-Laws and all resolutions submitted by various components of the Association. The committee shall present proposed amendments in accordance with Article X, to the Governing Council and resolutions to the business meeting through the Governing Council for action.

Government Relations Committee: The Government Relations Committee shall be responsible for informing members, as well as heightening awareness, regarding the impact of legislation and political activity on their roles. The committee shall monitor federal and state legislation (proposed and enacted) of interest of the Association and make recommendations to the membership regarding same. The Committee Chair shall represent North Central Regional Association on ACES Government Relations Committee.

Professional Development Committee: The Professional Development Committee shall monitor the professional development needs of the Association’s members. The Committee shall be responsible for providing workshops, publications and in-service opportunities related to identified needs. The Committee shall communicate with other NCACES Committees concerning professional development activities for the
membership.

Section 4. Terms of Committee Members. No person shall serve on the same committee for more than three consecutive years except by vote of the Association at a scheduled meeting. Chairs of all committees shall serve for a period of one year, but may be reappointed to succeed themselves.


Article X
By Laws


Section 1. Amendment. These By-Laws may be amended from time to time as follows:

b) Proposed amendments may be submitted to the Governing Council through the Association President upon petition signed by at least 25 voting members of the Association. Such proposals shall be submitted at least 90 days prior to the meeting of the Association at which such proposed amendments are to be discussed.

c) At least 30 days prior to Association action, the proposed amendment and the Council’s recommendation shall be made available to all members of the Association.

d) Proposed amendments recommended by the Governing Council shall be acted upon by the Association by either of two following methods:

(i) by the affirmative vote of a majority of the members present at a scheduled meeting of the Association at least 30 days after notification of members as required in sub-section (c) of this section, and provided that there shall be at least 40 members present and voting at such meeting or

(ii) by the affirmative vote of a majority of members voting in a mail ballot or electronic ballot, provided that the proposed amendment shall have been discussed at an Association meeting unless the Council declares that emergency action is required.

e) The Association may, by action at a scheduled meeting, provide that a proposed amendment not supported by the Governing Council be submitted for approval by mail or electronic ballot in accordance with (d) (ii) above.
Article XI
Date of Effect

These By-Laws shall be effective immediately upon adoption by the North Central Association for Counselor Education and Supervision and subsequent approval by the Governing Council of ACES, after which this article shall be deleted from By-Laws.