BY LAW 1. NAME, OFFICES AND AIMS
Section 1. Name
The name of the Corporation (which herein after called the "Association") is
INDIA ASSOCIATION OF FORT MYERS, INC.
Section 2. Offices
The principle office of the Corporation shall be located in the county of Lee in
Southwest Florida.
Section 3. Aims
The purpose of the Corporation is to operate as a charitable and educational organization, which furthers the understanding and tolerance of diverse ethnic backgrounds, particularly the Asian-Indian culture, in Southwest Florida. The Corporation will provide members of the Asian-Indian (herein after called “Indian") community and all others, in the county of Lee and the surrounding area, with an organization dedicated to the above purposes that are consistent with the fostering of closer ties between people with similar beliefs, aims, and ideals. To achieve these objectives, the Corporation shall raise, solicit, collect, and disburse funds. It shall also collect donations and acquire property to meet and further its aims.
BY LAW 2. MEMBERSHIP
Section 1. Eligibility
Any person over 22 years of age, of good moral character and interested in the furtherance of the stated aims of the Corporation, is entitled membership in the Corporation. Each member shall pay dues as the Board of Trustees of the Corporation may determine from time to time.
Section 2. Contact Information
Members should provide their address and telephone numbers to the Secretary or the Treasurer to help maintain a roll of members. They should also inform if there are any changes to the contact information.
Section 3. Benefits of Membership
(a) Each member shall be eligible for election to any position in the Executive Committee. Members are also entitled to receive newsletters, to be included in the official mailing list and the membership directory and participate in all activities of the Association either free of charge or at a reduced cost.
(b) Dependent children (those under 22 years of age) of members in good standing are entitled to the benefits and the activities of the Corporation but are ineligible to vote, hold office, or serve on a committee, except in the Youth Wing of the Association.
(c) Parents of members, if 60 or older and living in the same household as the member(s), are entitled to all the benefits except holding office and voting.
Section 4. Types of Memberships
(a) Family memberships are for couples. A family membership is considered as one unit but each one of the spouses will be considered as one voting member.
(b) Single memberships are for singles over the age of 22 years.
(c) Organizations, Companies and established groups may become Corporate members but shall not exercise any rights of the individual members.
(d) Individuals and families can choose to become members for life by paying life membership. Life membership is not transferable.
Section 5. Duration of membership
Annual Membership is good for one calendar year, beginning on 1st of January and ending on 31st of December of every year.
BY LAW 3. DUES
Section 1. New Membership
Every new member of the Corporation is expected to pay annual dues and complete a membership form. Corporate members shall pay the same rate as a family membership.
Section 2. Annual Renewal
(a) It is the responsibility of each member to pay the annual dues in a timely manner, to continue to receive the benefits of the Association without any interruption. If the annual dues are not paid by March 31st of each year, the membership will be delinquent and the member will be dropped from the mailing list of the Association and the directory of members. A new directory of members, if published annually, should be distributed to all members no later than May of each year.
(b) Individuals dropped from the mailing list may become members by paying the annual dues once again but their inclusion in the directory of members is not guaranteed.
(c) All dues, once paid are non-refundable.
(d) Monies collected from life memberships are to be held in a separate account and only the interest is to be used for major projects as determined by the Board of Trustees.
(e) All non-members, who attend Association events, are expected to pay guest fees as determined by the Executive Committee.
BY LAW 4. MEETINGS
Section 1. Annual General Body Meeting
An Annual General Body meeting of the members shall be held at a gathering before the month of October each year for the purpose of electing officers and for transacting such other business as may come at the meeting. If the election of the officers is not held on the scheduled day of the annual General Body meeting, or at any adjournment thereof, the Board of Trustees shall determine the next course of action.
Section 2. Special Meetings
The President or the Board of Trustees may call special meetings of the members.
Section 3. Place of Meeting
The President or the Board of Trustees may designate any place within the county of Lee in Southwest Florida as the place of meeting for any annual meeting or for any special meeting.
Section 4. Notice or Meetings
Written or printed notice stating the place, day and hour of the meeting, and in the case or a special meeting, the purpose(s) for which the meeting is called and the person(s) calling the meeting shall be delivered by mail by the direction of the President, secretary, Officer, person(s) calling the meeting to each member entitled to vote at the meeting. If mailed such notice shall be delivered not less than ten (10) days nor more than fifty (30) days before the date or the meeting and shall be deemed to be delivered when deposited in the United States mail addressed to the member at the registered address, with postage thereon prepaid. Such notice may also be delivered by telephone provided it is communicated to the member or an adult in the member's family or to a recording machine, not less than five (5) days nor more than (15) days before the date of the meeting. Such notice may also be posted on the Association’s web portal or delivered by e-mail at least 15 days before the meeting.
Section 5. Quorum for General Body/Executive Committee Meetings
(a) Annual General Body Meeting to elect officers. Members holding one-fifth or fifty, whichever is less, of the votes that may be cast shall constitute a quorum for the annual General Body meeting to elect members of Executive Committee. All members shall be required to sign in to constitute a quorum. If a quorum is not present at any meeting of the members, the Chairperson of the Board of Trustees may adjourn the meeting from time to time without further notice.
(b) Special General Body Meetings. Members holding one-fourth or hundred, whichever is less, of the votes that may be cast shall constitute a quorum for special General Body meetings. All members shall be required to sign in to constitute a quorum. If a quorum is not present at any meeting of the members, the Chairperson of the Board of Trustees may adjourn the meeting from time to time without further notice.
(c) At least two-thirds (2/3) of the Executive Committee (5 out of 8) must be present in entirety at Executive Committee meetings to constitute a quorum.
Section 6. Proxies
No proxy voting will be allowed in the General Body, the Executive Committee and the Board of Trustees meetings.
Section 7. Manner of Acting
A majority of the vote (at least 51 %) entitled to be cast on a matter to be voted upon by the members present at a meeting at which a quorum is present shall be necessary for the adoption thereof unless a greater proportion is required by law or by these bylaws. This manner of acting will apply to all General Body, Executive Committee and Board of Trustees meetings.
BY LAW 5. EXECUTIVE COMMITTEE
Section 1. Composition
The Executive Committee of the Corporation shall consist of the President, President-Elect, Secretary, Treasurer, and four Directors.
Section 2. Terms of Office
(a) The President-Elect will be elected by the General Body at the annual meeting and will serve as President in the following year.
(b) The terms of Office for the positions of Secretary and Treasurer shall be one year, and they shall be elected at the annual meeting.
(c) To facilitate and maintain continuity in the Corporation's affairs and activities, half the Directors (2), shall be elected every year for a two-year duration. In an unusual situation of 4 vacant positions for the Directors, the General Body shall elect two (2) Directors for one year duration and the other two (2) for a two year duration to get back into the two year cycle the following year.
Section 3. Period of Office.
The new Executive Committee will take over the responsibilities of the Corporation from the first day of October until the last day of September of the following year. The outgoing members of the Executive Committee will hand over charge to the new Executive Committee on 1st of October and will facilitate smooth transition by working closely with the incoming members of the Executive Committee until the end of December of each year.
Section 4. Vacancy in the Executive Committee
The remaining members of the Executive Committee, in consultation with the Board of Trustees, will fill any vacancy occurring in the Executive Committee.
BY LAW 6. DUTIES OF THE OFFICERS
Section 1. President
The President shall preside over meetings; appoint committees and members to those committees. The president will be the Chief Executive Officer of the association and will represent the association before the public and perform all other functions attributed to this office. The President shall cast an additional vote to break any tie in the Executive Committee meetings. In general, the President shall supervise and control all the day-to-day business and affairs of the Corporation.
The President will also ensure that the Board of Trustees are informed about the schedule of Executive Committee meetings and are provided with minutes of the meetings. The President will work closely with the Chairperson of the Board of Trustees in ensuring continuity in activities and for guidance in all matters concerning the welfare of the Association and in realizing the aims and objectives of the Corporation.
Section 2. President-Elect
The President-Elect shall assist the president in the implementation of a variety of activities, which are duly approved by the Executive Committee The President-Elect shall be responsible for coordinating work between the various committees, as delegated by the President. The President-Elect shall perform the duties of the President in his absence. The President-Elect will succeed the President in the following year as the President.
Section 3. Secretary
The Secretary shall keep accurate minutes of all meetings, maintain all official files and records, and perform other duties as delegated by the president. The secretary shall be the custodian of all corporate records and of the seal of the Corporation. The secretary shall keep the post office address of each member, and in general, be responsible for all kinds of documentation including newsletters and e-mail communication.
Section 4. Treasurer
The Treasurer shall hold the funds of the Corporation, disburse them according to the decisions of the Executive Committee, maintain the roll of the registered members of the association, keep an accurate account of the receipts and expenditures and prepare and distribute an annual financial statement for the members. The Treasurer and the President shall jointly sign all checks issued by the association, if in excess of $1,000. Checks less than $1000 shall be signed either by the Treasurer or the President. The treasurer will also prepare annual disclosure statements as needed by the IRS and other state agencies and along with the President is responsible for maintaining tax exempt status that is applicable to the Corporation.
Section 5. Directors
They will help other members of the Executive Committee in planning, initiating and implementing a variety of programs and activities for the Association. The Directors will offer assistance, guidance and facilitate continuity in the affairs and activities of the Association. In addition, they will also support the other four members of the Executive Committee in their respective functions on an as needed basis. The President will designate one of the directors as a Sports Director, whose additional responsibility will be to conduct the annual sports tournaments in a timely manner. The President will also designate any other member of the Executive Committee to oversee the activities of the Youth Wing.
Section 6. Allegiance
(a) It is the duty of every Executive Committee member to be aware of and uphold the articles of incorporation and operate and contribute within the constraints of the existing by-laws. They shall work together as a team for the betterment of the association, all of its members and the local community. They shall always safeguard the interests of the Association and operate in a fiscally prudent manner.
(b) The Executive Committee will continue the traditional annual events at appropriate times during the year. They are also expected to initiate and organize new activities, in response to demands from membership provided they are fiscally cost effective in not substantially reducing the current assets of the Association. All new activities or initiatives that have a potential to substantially reduce or deplete the current assets should be presented to the Board of Trustees for prior approval. Any annual activities should be terminated only with the approval of the Board of Trustees.
BY LAW 7. NOMINATIONS AND ELECTIONS
Section 1. Elections
The General Body meeting will be held once a year to elect new officers.
Section 2. Nominations
(a) The Chairperson of the Board of Trustees shall conduct the elections or appoint another Trustee for conducting the elections. Nominations for various positions shall be invited from the floor during the annual meeting. Only those members in good standing, who are present and willing, can be nominated for office. In exceptional situations, a written statement indicating willingness to serve shall be considered from a member who is unable to attend the meeting.
(b) If two or more persons are nominated for one position, election will take place by paper ballot.
BY LAW 8. AMENDMENTS
Section 1.
Any member may submit in writing proposals for amendments to the by-laws of the Corporation to the Executive Committee. They will be considered by the Executive Committee and forwarded to Board of Trustees for approval and adoption. Additionally, the Board of Trustees can periodically revise and approve the by-laws as needed with input from the Executive Committee
BY LAW 9. DISSOLUTION
In the event of the dissolution of the Association, the Corporation after paying or providing for the payment of all the liabilities, shall dispose of all the assets in accordance with the law governing the dissolution of not for profit organizations. The Board of Trustees will make final determination about the recipient(s) of assets and monies.
BY LAW 10. BOARD OF TRUSTEES
Section 1. Board
(a) All Trustees of the Board shall be past Presidents of the Association, who have continued to be consistently active in the affairs and activities of the Corporation.
(b) The Board of Trustees will consist of seven (7) permanent Trustees and three (3) immediate past- Presidents as the rotating Trustees. Permanent Trustees will elect one of them as the Chairperson of the Board of Trustees. The person who served first as the President among the rotating Trustees will be the Co-Chairperson of the Board of Trustees for one year.
(c) The Board of Trustees will maintain same cycle as the Executive Committee, serving from 1St of October of each year to 30th September of the following year.
(d) In case of a vacancy among the permanent Trustees of the Board, the remaining permanent Trustees will select a replacement.
Section 2. Duties
(a) The Chairperson of the Board of Trustees will coordinate the functions of the Trustees and act as a liaison between the Board of Trustees and the Executive Committee. The Co-Chairperson will be assist the Chairperson of the Board of Trustees in all matters that come up for discussion or review by the Board of Trustees. In the absence of the Chairperson, the Co-Chairperson will take over the functions and responsibilities of the Chairperson.
(b) The major responsibilities of the Trustees are to ensure realization of aims and objectives of the Corporation, to facilitate continuity in activities and to be of assistance to the Executive Committee, the General Body and members in finalizing and resolving issues. The Trustees will also have to approve or disapprove requests/recommendations that are brought forward by the Executive Committee The Board of Trustees will be the ultimate and legal guardians of the Association.
(c) The Trustees are expected to attend at least two (2) Executive Committee meetings a year and keep abreast of issues and situations on a year-to-year basis.
Section 3. Quorum for meetings of the Board of Trustees
(a) The Board of Trustees shall meet at least once year to assess the overall status of the Association and the quorum for these meetings shall be six (6) out of ten (10).
(b) The Chairperson of the Board shall cast an additional vote to break any tie in the meetings of the Board.
(c) The Board of Trustees can invite the President or the entire Executive Committee or any member or members to its meeting as guests to solicit information, to exchange ideas or to provide/seek direction.
BY LAW 11. YOUTH WING
Section 1. Purpose
Youth Wing is an umbrella organization of the India Association of Fort Myers. It was established in 1999 with an intention of developing community spirit, Volunteerism, and leadership skills among the youth of the Association. In addition to helping in the activities of the India Association of Fort Myers, the Youth Wing is expected to engage in public service initiatives, community outreach, and volunteerism in the areas of learning, compassion, the arts and the environment.
Section 2. Affiliation
The Youth Wing is affiliated with the India Association of Fort Myers, Inc. It will function under the guidance of one of the members of the Executive Committee of the India Association of Fort Myers. Activities of the Youth Wing will be funded as needed by the India Association of Fort Myers, Inc.
Section 3. Members and Officers
(a) Membership is open to children, between 12 and 21 years of age, whose parents are current members of the India Association of Fort Myers.
(b) The Committee of the Youth Wing will consist of a President, President-Elect, Secretary, and four Directors. They will be elected at an annual meeting held prior to the month of June of every year. Officers of the Youth Wing will serve a one-year term, starting from 1st July to 30th June of the following year.
(c) Every year, the Youth Wing will establish an agenda of activities and undertake a variety of projects that are geared for the betterment of the local community.