By-Laws - Thursday, August 23, 2007

Bylaws

TransCarolina

February 2003

With these Articles of Bylaws, the members of TransCaroliina do voluntarily agree to advance the harmony and support of one another without displaying prejudice. We shall endeavour to create an energetic, diverse, and understanding community where individuals are free to express and develop their personal growth while respecting the needs of others to do the same. Through the promotion of common-interest forums and other resources we agree to empower with knowledge both ourselves and those we affect. We shall strive to remove the barriers toward these goals and promote the education of all peoples and governing bodies which affect us.

To achieve these ends we have adopted a set of Bylaws which respects the needs of our members, specially their right to privacy of personal identity and which provides an orderly framework for TransCarolina and its meetings. Our statement of Goals and Objectives sets the perspective of the member within TransCarolina, and of TransCarolina within the larger world. The obligations of members to one another to achieve harmony within TransCarolina, are expressed in a Code of Ethics. This Code emphasizes the right to privacy of members, their right to be free from abuses of power by other members, and their obligations to extend the same acceptance of others as they expect of themselves.

Other needs of members are catered for in standing committees to oversee the Library and the Newsletter. Some of the tasks pursued by TransCarolina may require specialized knowledge or experience not to be found within the membership. To expedite the performance of these tasks, the principle has been adopted that certain positions may be filled by outsiders. These positions are clearly identified in these Bylaws, as also are those positions that must be occupied by members only. Owing to the nature of our community in which our members reserve the right not to reveal personal information, new members and established members may not feel comfortable with one another at first. Accordingly, a transitional period of integration is recognized, after which a new member acquires full rights in TransCarolina.

Articles of the Bylaws

   
Article 1 Definitions

1.1 All references herein to the feminine gender shall include the masculine, and all references herein to the singular number shall include the plural.
1.2 All references to the "Transgendered community" shall include transvestites, other crossdressers, transsexuals, the transgendered, significant others, and their supporters, regardless of sexual orientation or practice, chosen or born gender, race, religion, language, or culture.
1.3 A member "in good standing" shall be defined to be a member as defined in Bylaw 5.1 whose dues are not in arrears.
Article 2 Name of the Organization

2.1 The name of the organization shall be "TransCarolina", herein after referred to as TC.
2.2 TransCarolina shall be a non-profit organization.
Article 3 Goals and Objectives

3.1 TC is an organization which primarily serves the transgendered community in the North and South Carolina.
3.2 TC shall endeavour to:
  1. provide varied forums and resources to assist in the personal development, growth, and contact of its members with the transgendered community; and
  2. promote knowledge and understanding of transgendered behavior in all its variations; and
  3. build a sense of community and make contact with other organizations or individuals sharing similar objectives that may benefit or further the objectives of TC; and
  4. work toward removing all forms of barriers toward these goals.
3.3 Notwithstanding Bylaw 3.2, neither TC nor its members shall be presumed to provide a counseling service.
3.4 TC shall at all times promote the harmony and equitable treatment of all people.
Article 4 Code of Ethics

4.1 All personal information pertaining to any member shall be deemed confidential, unless that member has given him/her permission for its release.
4.2 A member shall not disclose confidential information pertaining to another member without her permission.
4.3 A member shall not publicly advance or engage in any form of racial, cultural, religious, language, gender, or sexual oppression. Or to engage in any type of activity that would be deemed detrimental to the Organization by the Executive Committee.
4.4 No member shall speak on behalf of, or attempt to represent TC, without authorization of the Executive Committee.
4.5 Each member agrees to comply fully with the provisions expressed in these Bylaws.
4.6 Notwithstanding Bylaw 3.2, neither TC nor a member of TC shall presume upon another member to accede to a request with which she is uncomfortable.
4.7 No member nor a guest of a member shall be dressed at a meeting in a manner normally deemed to be indecent or obscene.
4.8 No Officer of TC shall use her Office in TC to promote personal business interests outside TC.
4.9 No Officer of TC shall use the influence of her Office to promote business interests within TC to the exclusion of competitors.
Article 5 Membership

5.1 Membership is open to anyone who supports the Goals and Objectives of TC provided that he/she has reached the age of nineteen (19) years and has been screened by the Membership Committee.
5.2 There shall be three (3) classes of membership, namely: Regular, Special, and Family member.
5.3 A Regular Member using there legal name in good standing shall have full voting rights and shall receive all official bulletins and newsletters of TC.
5.4 Special Membership shall be open:
  1. to students engaged in full-time course of study at a recognized educational institution; and
  2. to senior citizens; and
  3. Associate members will be members of TransCarolina that choose not to use there legal name.
  4. Special Members or Associate members in this article do not have any voting rights for TransCarolina Officers. Other voting and activities will be allowed
5.5 Family Membership shall be open to two (2) or more persons residing in the same household.
5.6 Notwithstanding Bylaws 5.3, 5.4 and 5.5, a new member shall not be eligible to vote in elections or to hold elected office, but shall have all the other rights of membership, for a qualifying period of ninety-one (91) days following the first payment of her dues. This qualifying period shall not apply to the renewal of a lapsed membership.
5.7 All TC members shall receive a copy of these Bylaws.
5.8 A member who is not in good standing shall lose voting rights and member privileges
5.9
 
 
 
5.10
To prevent possible compromise of confidentiality, it is in the interest of each member to keep the Secretary informed of changes to his/her mailing address and telephone number.
 
All members will pay $10 [ten] Dollars a year too be a member in good standing. A member in good standing will have all voting privileges. The reason for the dues are so that we can operate with mailings and other necessary day to day business expense. The dues are nominal and to make this work we must have working capital of a few hundred dollars a year. The dues will come due on the January 1st of each calendar year. All checks will be made out to TransCarolina any cash will be sent to the same address listed here under this article.
 
Mail to   TransCarolina
           1810 Ferguson ct.
           Charlotte NC 28205
  
            
Article 6 Executive Committee

6.1 The daily functioning of TC in accordance with these Bylaws shall be conducted by an Executive Committee comprising a President, two (2) Vice-Presidents, a Secretary, and a Treasurer.
6.2 No member of the Executive Committee shall hold more than two (2) Committee offices. Each Committee member shall have only one (1) vote, which vote shall be cast in person and not by proxy.
6.3 The duties of the President shall be:
  1. to chair Executive Committee meetings; and
  2. to chair General Meetings; and
  3. to act as chief coordinator of all TC activities; and
  4. to make a report on Executive Committee resolutions to the membership at each General Meeting.
6.4 The duties of the First Vice-President shall be:
  1. to assume the responsibilities and duties of the President in her absence; and
  2. to aid the President in her daily duties; and
  3. to assist in maintaining liaison with TC committees.
6.5 The duties of the Second Vice-President shall be:
  1. to assume the responsibilities and duties of the First Vice-President in her absence; and
  2. to aid the President in her daily duties; and
  3. to assist in maintaining liaison with TC committees.
6.6 The duties of the Secretary shall be:
  1. to record the minutes of all General Meetings and Executive meetings; and
  2. to maintain all records of TC in good order, and to permit only authorized issuances of such records; and
  3. to aid the President in the preparation of agendas for meetings.
6.7 The duties of the Treasurer shall be:
  1. to keep accurate records of all TC financial transactions, and to permit only authorized issuance's of such records; and
  2. To make a report on the state of TC finances at each General Meeting.
6.8 Executive meetings shall be at the call of the president, or of any two (2) members of the Executive Committee.
6.9 A majority of the Executive Committee shall constitute a quorum for all Executive Committee meetings.
6.10 No member of the Executive Committee shall participate in a vote of an Executive Committee meeting on a matter that has been declared a conflict of interest, unless she is permitted to vote by a majority decision of the Executive Committee.
6.11 Robert's Rules of Order, as they apply to procedures in committees, shall apply at all Executive Committee meetings. The latest edition available shall be used.
6.12 The Executive Committee may at its discretion hold meetings in-camera.
6.13 The Executive Committee may from time to time appoint Officers and Committee Chairs as shall be deemed necessary to carry out specific functions for a specific period of time. Such Officer or committee Chair:
  1. shall be a member in good standing; and
  2. shall hold office until the term, as defined in Article 6.17, of such position expires; and
  3. shall have full authority to act as a representative these Bylaws and any pertinent resolutions passed pursuant thereto; and
  4. if not already a member of the Executive Committee, shall not through this appointment become a member of the Executive Committee, and shall not through this appointment acquire a vote at Executive Committee meetings; and
  5. on leaving office, shall surrender all TC books, records, official files, and assets to the Executive Committee.
6.14 The Executive Committee may appoint a member in good standing to fill any vacant Executive Committee Office for the balance of its term.
   
6.15 No Executive Committee member shall serve more than five (5) consecutive terms of 4 year terms in any position or combination of positions.
6.16 The term of an Executive Committee member shall begin on the date of her appointment under Bylaw 6.14, or twenty-eight (28) days following her election under Article 17, and shall last until she leaves office under Article 18, or until twenty-eight (28) days following the election of her successor at the next Annual General Meeting, whichever is sooner.
6.17 On leaving office, an Executive Committee member shall surrender all TC books, records, official files, and assets to her successor.
6.18 Notwithstanding Bylaw 4.2, any member of the Executive Committee or of a previous Executive Committee may release confidential information to any other member of the Executive Committee, and to Officers and Chairs.
Article 7 Membership Committee

7.1 There shall be appointed under Bylaw 6.13 a Membership Committee Chair.
7.2 The Membership Committee Chair may appoint at her discretion other members to the Committee subject to the approval of the Executive Committee.
7.3 Not withstanding Bylaw 18.2, a member of the Membership Committee may be removed from her position on the Committee by a majority vote of the Executive Committee.
7.4 All members of the Membership Committee shall be members in good standing.
7.5 The duties of the Membership Committee shall be to establish the bona-fides of an applicant for membership and to ascertain her capacity for discretion and compliance with both the Goals and Objectives of Article 3 and with the Code of Ethics of Article 4.
7.6 Any member of the Committee is competent to approve an applicant for membership.
Article 8 Newsletter Committee

8.1 There shall be appointed under Bylaw 6.13 a Newsletter Committee Chair, who shall have the title of Editor.
8.2 The Editor may appoint at her discretion other members to the Committee.
8.3 Except for the Editor, members of the Newsletter Committee need not be members of TC.
8.4 Subject to the availability of funds as determined by the Executive Committee, a Newsletter shall be distributed to the general membership by the Newsletter Committee.
8.5 The Newsletter Committee shall prepare a budget for the production, printing, mailing, advertising, and pricing, of this Newsletter, which budget may be reviewed from time to time.
8.6 The Editor shall keep proper records of all expenditures made with respect to the Newsletter and shall present financial statements when requested by the Executive Committee.
8.7 The Editor shall work within the framework of generally accepted publishing standards with respect to libel and copyright laws, and shall strive to achieve a balance of expressed opinion.
8.8 The Editor shall be responsible for ensuring that the content of the Newsletter respects the Goals and Objectives of TC.
8.9 Except for the mandatory inclusion of official notices from the Executive Committee, subject to Bylaws 8.7 and 8.8 the Editor shall have total discretion over the content of the Newsletter.
Article 9 Library Committee

9.1 There shall be appointed under Bylaw 6.13 a Library Committee Chair, who shall have the title of Librarian.
9.2 The Librarian may appoint at her discretion other members to the Committee.
9.3 Except for the Librarian, members of the Library Committee need not be members of TC.
9.4 Subject to the availability of funds as determined by the Executive Committee, books and audiovisual materials shall be purchased, and magazines and journals subscribed to or traded, by the Library Committee for the benefit of the general membership.
9.5 The Library Committee shall prepare a budget for the acquisition of materials, and charges to members for use of such materials, which budget may be reviewed from time to time.
9.6 The Librarian shall keep proper records of all expenditures made with respect to the Library and shall present financial statements when requested by the Executive Committee.
9.7 The Librarian shall be responsible for ensuring that Library materials be germane to the Goals and Objectives of TC.
Article 10 Nominations Committee

10.1 There shall be appointed under Bylaw 6.13 a Nominations Committee Chair, who shall have the title of Elections Officer. This appointment shall be made at least fifty-six (56) days before the Annual General Meeting.
10.2 The Elections Officer may appoint at her discretion other members to the Committee.
10.3 All members of the Nominations Committee shall be members in good standing.
10.4 The Nominations Committee shall receive nominations for Executive Committee in accordance with Article 17.
10.5 The Nominations Committee shall seek qualified candidates for nomination.
10.6 The Nominations Committee shall report. on an ongoing basis the list of candidates to the membership in accordance with Article 17.
10.7 In the event of two (2) or more valid nominations being received for the same Office, an election shall be held.
10.8 In the event of only one (1) valid nomination being received for any Office, the Elections Officer shall declare that candidate acclaimed to that position.
10.9 In the event of no (O) valid nomination being received for a particular Office, the Elections Officer shall declare that Office vacant and to be filled by the new Executive Committee under Bylaw 6.14.
10.10 In the event of no (O) valid nomination being received for any Executive Committee position, the Elections Officer shall assume the powers of the President for the purpose of implementing Bylaw6.14.
10.11  
   
Article 11 Other Committees

11.1 There shall be appointed under Bylaw 6.13 Chairs of other Committees at the discretion of the Executive Committee.
11.2 Each Committee Chair may appoint at her discretion other members to that Committee.
11.3 Except for the Committee Chair, other members of the Committee need not be members of TC.


   
   
   
   
   
   


   
   
   
   
Article 14 Financial

14.1 The Executive Committee may, from time to time, open or close bank accounts as deemed necessary in the name of TC.
14.2 Checks and other financial instruments drawn on such accounts as stated in Bylaw 14.1 shall require the signatures of any two (2) Executive Committee members.
14.3 There shall be a fiscal year established at the discretion of the Executive Committee.
14.4 Any financial decision that would put TC in a deficit position shall be referred to a General Meeting of the membership for approval.
14.5 Executive Committee members, and appointed Officers and Chairs, shall receive no remuneration for service to TC.
14.6 Executive Committee members, and appointed Officers and Chairs, may receive the prior approval of the Executive Committee or of the general membership.
Article 15 Books and Records

15.1 For the purposes of this Article, the term "Books and Records" shall comprise minute books, ledgers, and other working documents.
15.2 Except for confidential personal information, as defined in Bylaw 4.1, all Executive Committee Members, other Officers, and Chairs, shall have unimpeded access to all Books and Records of GM. These Books and Records shall be available at any reasonable time.
15.3 Except for confidential personal information, as defined in Bylaw 4.1, the Books and Records of TC may be inspected by any member in good standing upon giving notice. The time and place for such inspection shall be mutually agreeable to the requester and the person in charge of said Books and Records.
Article 16 General Meetings

16.1 General Meetings of the members of TC shall be held at such time, place, and in such a manner as may be decided by the Executive Committee, upon notice of said meeting being given not less than fourteen (14) days prior to the date of such meeting.
16.2 Such General Meetings shall be held at least once each calendar quarter.
16.3 At such General Meetings, there shall be present not less than ten (10) members in good standing or one-third (1/3) of the membership in good standing, whichever is the lesser; and this shall be the quorum required for voting on any matter brought before those members to be decided, except as noted elsewhere in these Bylaws. Only those members actually present, in person and not by proxy, shall be counted in deciding whether a quorum exists.
16.4 If, at a duly announced General Meeting, a quorum is not obtained, then another meeting shall be duly announced and, for the purposes of this meeting only, those members present shall automatically constitute a quorum.
16.5 The right to vote on any motion duly made and seconded shall be restricted to members in good standing.
16.6 Each member eligible to Vote shall have one vote. This vote shall be cast in person and not by proxy.
16.7 Voting shall be by a show of hands or such method as the chair may direct.
16.8 Notwithstanding Bylaw 16.7, when a vote is to be taken, any member eligible to vote may request that such vote be taken by secret ballot. This request shall not be subject to discussion or vote, and the said vote shall be made by secret ballot.
16.9 Robert's Rules of Order shall apply at all General Meetings. The latest edition available shall be used.
16.10 One General Meeting per calendar year shall be deemed the Annual General Meeting. No less than fifty six (56) days’ written notice must be given to the body of TC members.
16.11 The order of business at the Annual General Meeting shall be:
  1. Call to order;
  2. Approval of the minutes from the previous General Meeting;
  3. Business arising from the minutes:
  4. Reading of correspondence;
  5. President's report;
  6. Secretary's report;
  7. Treasurer’s report;
  8. Auditor's report;
  9. Report of Committees other than Nominations Committee;
  10. Report of Nomination Committee and Election of Executive Committee;
  11. Appointment of Auditor;
  12. Unfinished business;
  13. Adjournment.
Article 17 Election of Officers

17.1 Elections shall be held at the Annual General Meeting. This portion of the Annual General Meeting shall be chaired by the Elections Officer.
17.2 A member in good standing is eligible to stand for only one (1) Executive Committee office at a time. Such member must:
  1. register with the Elections Officer no less than twenty-eight (28) days prior to the election date: and
  2. provide a signed statement of intent to stand for elected office, with no less than two (2) signatures of other members in good standing; and
  3. declare any potential conflicts of interest that may interfere with her duties, or influence her objectivity.
17.3 Votes shall be cast by secret ballot.
17.4 Notwithstanding Bylaw 17.3, a member in good standing may register with the Elections Officer a telephone vote or written ballot prior to the Annual General Meeting, if she is unable to attend the meeting.
17.5 The Elections Officer shall appoint one or more scrutineers to assist in vote counting. These scrutineers need not be members of TC.
17.6 The candidate with a plurality of votes shall be declared elected.
17.7 In the event of a tie vote, an immediate runoff ballot shall be cast where only those candidates which were tied for the largest number of votes shall be placed on the runoff ballot.
17.8 In the event of a runoff ballot where some, but not all, candidates are tied for the largest number of votes, subsequent runoff ballots shall be held.
17.9 In the event of a runoff ballot where all candidates are tied, the Elections Officer shall cast a deciding ballot.
Article 18 Resignation or Removal of Officers

18.1
  1. A member of the Executive Committee shall inform the Executive Committee of her intent to resign her position.
  2. A Committee Chair or other Officer shall notify the Executive Committee of her intent to resign her position.
  3. A Committee member shall notify the Committee Chair of her intent to resign her position.
18.2 Elected Officers may be removed from office by a Recall Election.
18.3 A Recall Election may be called by a petition showing cause, and signed by at least twenty percent (20%) of the members of TC.
18.4 A Recall Election shall be held within fifty-six (56) days of presentation of the petition, and shall be held at a duly announced General Meeting.
18.5 A Recall Election shall require a two-thirds (2/3) majority of members present and voting in order to remove the Elected Officer from office.
18.6
 
18.7  
A Recall Election shall be Chaired by the Elections Officer.
 
A Executive Committee member will be removed automaticly without vote from the membership for missing [3 ]meetings in a calender year.
Article 19 Resignation or Expulsion of Members

19.1 A GM member may voluntarily resign without notice at any time.
19.2 A request from a resigning member to remove personal information from TC personal files shall be acted upon by the Officer holding such files.
19.3 TC shall not be required to refund any balance of dues to a resigning member.
19.4 Membership may be withdrawn for cause from any member by a two-thirds (2/3) majority of those votes cast at a General Meeting duly called provided that:
  1. the member is notified in writing no less than twenty-eight (28) days in advance of the vote; and
  2. she is provided with a statement from the Executive Committee showing cause; and
  3. such member shall be entitled to bring to the meeting a representative, who need not be a member of TC, to assist in her defence: and
  4. this portion of the meeting is chaired by the Ombudswoman.
19.5 A member expelled under Bylaw 19.4 shall be entitled to a refund of the unexpired portion of her membership dues.
19.6 For the protection of TC, a request from a member expelled under Bylaw 19.4 to remove personal information from TC files, need not be acted upon.
Article 20 Amendments to Bylaws

20.1 Any motion to repeal or amend the Bylaws of TC shall require:
  1. Notice of Motion of such change be duly issued in writing to all members of TC not less than thirty-five (35) days prior to the date of the General Meeting at which the particular motion is to be and seconded; and
  2. that the motion receive a two-thirds (2/3) majority of those present and voting
20.2 Upon the passing of such motion, such amendments to the Bylaws shall not be enforced or acted upon until notice of the passing of the motion and of the content of the motion have been duly issued in writing to the members of TC, and such notice shall be issued to the members within thirty-five (35) days.
Article 21 Error or Omission in Notice

21.1 Notices shall be sent either to the last mailing address as reported by each member or in accordance with instructions given by that member
21.2 No error or omission in giving notice of any General Meeting shall invalidate any decisions taken at that meeting.
21.3 The Executive Committee shall correct, as soon as possible, any errors or omissions in notifications and reports.
Article 22 Dissolution

22.1 Upon dissolution of TransCarolina and after the payment of all debts and liabilities, the remaining assets of TransCarolina shall be distributed to a charity operating within North and South Carolina, the said charity to be designated by a resolution of the Executive Committee.