ARTICLE I – NAME
Section 1. The name of the Association shall be the National Association of Workers’ Compensation Judiciary, Inc.
ARTICLE II – PURPOSE
Section 1. The purpose of the Association is to provide educational opportunities for the Workers’ Compensation Judiciary.
ARTICLE III – MEMBERSHIP
Section 1. The membership shall be open to all current and former members of the judiciary or administrative officials either at the trial or appellate levels that deal with or adjudicate workers’ compensation matters. The Board of Directors (Board) shall have the power to resolve all questions, issues and interpretations regarding criteria for membership. By vote of the board, associate and honorary memberships can be granted. Associate membership is membership without voting rights and those that are not eligible to hold elective office. Associate members are members whose status does not meet the definition of a member as herein defined.
Section 2. All applications for membership must be submitted on the prescribed application to the association. The directors or a designee of the directors shall review applications for completeness and determine whether the applicant meets the eligibility criteria for membership. If any applicant’s eligibility is questionable, the application shall be reviewed as directed by the Board of Directors for resolution.
Section 3. Members and associate members of the Association shall pay annual dues to the Association as set by the Board. The dues year shall run from July 1 to June 30. A membership shall automatically terminate if membership dues are not paid within 90 days of the due date. An Annual Meeting of the membership shall be held in conjunction with the Annual Workers’ Compensation Educational Conference and any decisions necessary by the general membership shall be made by a majority vote of those present. No member whose dues are unpaid at the time of the Annual Meeting shall be eligible to vote on any matter coming before the general membership at the Annual Meeting.
Section 4. Memberships may be revoked by the Board of Directors in its discretion upon the following procedures:
a. Upon motion by a member of the Board of Directors, duly seconded by another Board member, and adopted by a two-thirds majority of the Board, a request for membership revocation shall be referred to a review panel consisting of the Immediate Past President, the President-elect and the Secretary. The panel shall send written notice of the pending revocation and the stated grounds therefor to the member at such member’s last known address of record. Such notice shall afford the member a period of not less than 30 days to respond in writing to the pending revocation. The panel shall review the response, if any, and report to the Board of Directors at the next regularly scheduled meeting.
b. Upon recommendation of the review panel the membership shall be revoked upon motion made, seconded and adopted by a two-thirds majority of the Board of Directors. The Secretary shall notify the member of the revocation action within 30 days.
c. If the review panel fails to make a recommendation for membership revocation, the matter shall be deemed closed without further action of the Board.
ARTICLE IV – OFFICERS
Section 1. The officers shall consist of the President, the President-elect, Immediate Past President, Secretary, and Treasurer. Aside from the Immediate Past President, the officers shall be elected by a majority vote of the members present at the Annual Meeting held in even-numbered years. The President-elect shall succeed to the office of President at the expiration of his or her term as President-elect. The term of office shall be for two (2) years beginning the day following the officer selection. With the exception of the President and President-elect, all officers may be re-elected without limitation.
Section 2. The President shall preside at the Annual Meeting of the Association and at all meetings of the Board. The President shall make an annual report to the membership outlining the activities of the Association; appoint members and designate chairpersons of such committees as may be necessary to promote the objectives of the Association; make appointments, with the majority consent of the members of the Board, to fill any vacant position on the Board of Directors which otherwise shall be filled by the immediate next regular election.
Section 3. The President-elect shall perform official functions of the President during the absence or incapacity of the President. The President-elect shall assist the President in developing and carrying out programs and activities of the Association, and shall carry out other duties which may be assigned by the President.
Section 4. The Immediate Past President shall advise and assist the President as requested.
Section 5. The Secretary shall prepare and submit to the President the minutes of Board meetings and the Annual Meeting of the members of the Association; shall be responsible for correspondence and such other related matters as shall be referred by the President; and shall take the place of the President if both the President and President-elect are absent or unable to serve. The Secretary shall be the custodian of the records of the Association.
Section 6. The Treasurer shall be responsible for the financial affairs of the Association. All bank accounts established by the Association must have the approval of the Treasurer and no payments shall be made from such bank account by anyone other than the Treasurer unless the Treasurer has given prior written authorization, or by authorization granted by a majority of the Board of Directors.
Section 7. All officers must hold an active position as a member of the judiciary or as an administrative official serving at either the trial or appellate level of adjudication of workers’ compensation claims or be an agency official with supervisory capacity over such adjudicators.
ARTICLE V – BOARD OF DIRECTORS
Section 1. The Board of Directors shall be composed of the Officers, and no more than fourteen additional members elected by the members of the Association, with no more than half elected in even-numbered years, and no more than half elected in odd-numbered years. The members of the Board of Directors shall serve two (2) years from the date of appointment. Terms shall begin on October 1 in the year of election and shall expire two years later on September 30, except that those Directors elected in 2014 for terms expiring in odd-numbered years shall serve for only one (1) year from the date of election, subject to re-election in 2015. Officers and Directors shall receive no compensation for their services.
Section 2. The Board of Directors shall meet at least annually, and at times, places and by such other means as determined by the President, or by a majority vote of the Board.
Section 3. The Board of Directors shall consider objectives and plans for presentation to the membership at the Annual Meeting; shall plan for the Annual Judicial College and approve educational conferences or workshops; shall have the authority to enter into any contracts on behalf of the Association as they deem necessary and appropriate; and shall have the responsibility to oversee the general operations of the Association. The Annual Educational Conference shall be held in conjunction with the Annual Workers’ Compensation Institute (WCI) Workers’ Compensation Educational Conference unless otherwise determined by the Board of Directors.
Section 4. The Order of Business and Parliamentary Procedure for the conduction of such business shall be conducted in accordance with “Robert’s Rules of Order, Revised” when not in conflict with the rules of the Association.
Section 5. The business at the Annual Meeting and at any special meetings of the Board of Directors shall be determined by the majority vote of those Board members present. The Board may authorize and utilize any electronic methods of participation at any meeting.
Section 6. The Board of Directors may remove any of its members or officers after three (3) unexcused absences in any consecutive twelve-month period. Removal is accomplished by vote of the majority of the Board members present.
Section 7. The Board may contract with third party entities to oversee the day-to-day operations of the Association including but not limited to the planning of the annual meeting and the Judicial College.
Section 8. Board meetings may be conducted in person, telephonically, or by other electronic means.
Section 9. All Directors must hold an active position as a member of the judiciary or as an administrative official serving at either the trial or appellate level of adjudication of workers’ compensation claims or be an agency official with supervisory capacity over such adjudicators.
ARTICLE VI – EXECUTIVE COMMITTEE
Section 1. The Executive Committee of the Association shall consist of the President, President-elect, Secretary, Treasurer, Immediate Past President, and any other individuals designated by the President.
Section 2. The Executive Committee shall have the power between meetings of the Board and to take final action consistent with established policies of the Association in matters which the Executive Committee determines to be urgent. Such action shall be reported to the Board of Directors for ratification or confirmation at its next meeting.
ARTICLE VII – AMENDMENTS
Section 1. These Bylaws may be amended by the majority vote of members attending the Annual Meeting. The members of record thirty (30) days prior to the Annual Meeting shall be sent notice of the recommended amendments.
Section 2. The Board shall comply with all criteria governing the Association as established by the Board or approved by the general membership.
ARTICLE VIII – GENERAL
Section 1. Representations. Neither the general membership, the Board, the officers, nor any committee shall take any action or make any representation on behalf of the Association which is incompatible with the Association objectives.
Section 2. Political Advancement. The Association shall be strictly nonpolitical. No action or representation shall be made by the general membership, the Board, the officers, or committees which relates to the political advancement of any individual or group of individuals.
Section 3. Recommendations. No officers, committees, or members as such shall publish any recommendations which imply the endorsement of such recommendation by the Association unless duly approved by the membership or by the Board of Directors.
Section 4. Debts. No debts shall be incurred in excess of the funds in the treasury of the Association except as authorized by the Board and not in excess of $1,000(One Thousand Dollars).
Section 5. Proxy Voting. Proxy voting shall not be permitted.
Section 6. Earnings and Dissolution. No part of the net earnings of the Association shall inure to the benefit of, or be distributable to, its members, directors, officers, or other private persons, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered. In the event of dissolution, any remaining assets shall be distributed to organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code.
Section 7. Indemnification. The Association shall indemnify each officer and director, including former officers and directors, to the full extent permitted by law.