THE SOUTH DAKOTA COALITION FOR SHARED PARENTING
ARTICLE I - Name & Boundaries
Section 1: The name of the Organization is: THE SOUTH DAKOTA COALITION FOR SHARED PARENTING
Hereinafter referred to as the "Organization”.
Section 2: The boundaries of the Organization shall be the boundaries of the State of South Dakota.
Section 3: The address of the Organization shall be 501 Douglas, Yankton, SD 57078, except at some other location as may be specifically designated by the governing body.
ARTICLE II - Purpose
Section 1: This non-stock, non-profit, public benefit Organization is organized exclusively for charitable, educational, and scientific purposes, as determined by Section 501 (c) (3) of the Internal Revenue Code of 1954, as amended. More specifically, the purpose of the Organization is charitable and educational, to include, but not limited to the following: to promote positive and responsible parenting through increased involvement of parents in child-rearing, to provide education and disseminate information to the public on the positive effects of shared parenting on the well-being of children and to foster development of policy standards to promote the equal rights of all parties affected by divorce, the breakup of a family or establishment of paternity; and to conduct research on factors that are contributing to our society's depreciated value of shared parenting and on the barriers to implementing shared parenting.
ARTICLE III - Membership
Section 1. The membership of this Organization shall consist of all the members of the Organization residing in or having principal activity in South Dakota or the surrounding area. Membership in the Organization will be established through the submission of a brief application along with the appropriate dues. Membership will be approved or disapproved by the Executive Board based upon membership criterion developed by the Executive Board.
Section 2. The annual membership dues shall initially be twenty dollars ($20) per year plus any affiliation dues approved by the Executive Board. Membership dues will be reviewed annually by the Executive Board and may be increased at that time by the Executive Board.
Section 3. No fees or other assessments, other than the annual dues, shall be levied by the Organization, but voluntary offerings may be solicited and received by the Treasurer, when authorized by the Executive Board or by the general membership.
Section 4. Each due paying member will be afforded one vote (in person) and shall be subject to the same rights, privileges, limitations and conditions as all other members of the Organization.
Section 5. No member is personally liable for the corporation's liabilities, debts, or obligations.
Section 6: Expulsion of Members
(a) A quorum for the purpose of expelling a member shall consist of two-thirds of the Executive Board, and fifty percent of the membership as defined in subsection (b).
(b) The membership, for the purposes of this section, shall include officers and other members.
(c) Actions under vote, in this section, require two-thirds of the quorum (present and voting) to cast an affirmative vote.
ARTICLE IV - Governing Body
Section 1. The governing body of the Organization shall be the officers, representative members and trustees, hereinafter called the "Executive Board." The Executive Board shall have the power to act in all matters of the Organization except: revision of the Organization bylaws; expulsion of members; and removal of an officer from his/her office. All actions taken by the Executive Board shall be reported to the members at the next Organization meeting.
The Executive Board shall have the power to hire a project coordinator or other consultants to carry out the business of the Organization. The project coordinator or other consultants shall be under the direction of the Executive Board. The project coordinator or consultants may be a general member of the organization with one vote, however, they are ineligible to be member of the Executive Board.
Section 2. The Executive Board shall consist of the following officers, representative members and up to three (3) Trustees:
(a) A President
(b) A Vice President
(c) A Secretary
(d) A Treasurer
(e) A Representative Member from Eastern South Dakota (East River)
(f) A Representative Member from Western South Dakota (West River)
(g) Appointed Trustees from South Dakota
Section 3. At no time will the Executive Board be less than five (5) members, nor more than nine (9) members.
Section 4. The Executive Board shall have general supervision over all of the affairs of the Organization and shall be its legal representative in all matters except as this duty may be specifically delegated, and shall execute Organization business according to the Articles of Incorporation, the adopted Bylaws of the Organization and Policies and Procedures.
Section 5. The term of each Officer, Representative Member and Trustee shall be from the close of the first meeting after January 1, to the close of the first meeting after January 1 of the following year, which is approximately one year, or until a successor is chosen. An officer can be reelected to his/her office, or another office, the following year. The term of office of the Representative Member and Trustees shall be appointed by the Officers for a period of one (1) year.
Section 6. Any member of the Organization, unless otherwise stated, shall be eligible to hold elective office in the Organization.
ARTICLE V - Executive Board
Section 1. So far as possible the President shall: call and preside at meetings of the Organization and of the Executive Board; appoint such committees as the Articles of Incorporation, Bylaws or Executive Board provide; determine that all reporting responsibilities and other duties of the Vice President, Secretary, and Treasurer are performed in accordance with the Bylaws; and seek to promote the welfare of the Organization in general.
Section 2. The Vice President shall perform the duties of the President in the absence of the President, together with such other regular duties as may be assigned by the President or the Executive Board.
Section 3. The Secretary shall attend all meetings of the Organization, including the Executive Board and duly record the proceedings thereof. He/she shall maintain a current list of active members, help maintain a website, assist in meeting notices to members and the public, and perform such other duties as may be assigned by the Executive Committee or President of the Organization.
Section 5. The Treasurer shall be custodian of Organization monies, collect dues and promptly deposit all funds received by the Organization. The Treasurer shall issue checks, countersigned by the President, for payment of debt authorized by the Executive Board. He/she shall keep a record of revenues and expenditures set forth by the Organization and perform such other duties as may be assigned by the Executive Committee or President of the Organization. The Treasurer shall cooperate with annual in-house or independent audits as scheduled by the Executive Board.
Section 6. The Representative Members and Trustees shall contribute their knowledge and expertise to the operation of the Organization. The Representative Members and Trustees shall have equal voting power with that of every other officer.
Section 7. A quorum for the transaction of business at any meeting of the Executive Board shall consist of a majority of the Board then in office.
Section 8. Any action which is required to be taken or which may be taken at a meeting of the Executive Board may be taken without a meeting if written consent, setting out the action so taken, is signed by all of the Executive Board members. Such consent shall have same effect as a unanimous vote.
Section 9. Meetings of the Executive Board shall be called by the President or at the request of three (3) or more members of the Board. There shall be at least one annual meeting of the Executive Board per year. The times and places of all Executive Board meetings of the Organization shall be decided by the Executive Board. Notice of meetings will be sent out at least seven (7) days prior to the meeting.
Section 10. Procedural conduct at Executive Board meetings shall be in accordance with Robert's Rules of Order unless an alternative is approved by the majority of the Executive Board members.
Section 11. The Executive Board of the Organization are not personally liable for the debts, liabilities and other obligations of the Organization.
ARTICLE VI - Election of Officers
Section 1. The nominating committee, comprised of the individuals listed in Article V, of these bylaws shall place in nomination at the annual meeting at least one eligible candidate for each of the offices to be filled. Other nominations may also be made and received from members of the Organization from the floor. From these nominees the new officers shall then be immediately elected by vote of the Organization members present, voting to take place by ballot. The new officers so elected shall take office at the close of the first meeting after January 1 following the annual meeting at which they are elected.
Section 2. Should any officer of the Organization be unable to complete the term of office for which he/she has been elected, the other officers of the Organization may:
(a) appoint a qualified member of the Organization to fill the vacancy or at their discretion;
(b) nominate one or more qualified members of the Organization for the office and conduct a letter ballot of all Organization members to determine the choice of the Organization membership.
Section 3. A quorum for the purpose of electing officers shall consist of fifty percent of the total membership, -- including current officers and other members.
Section 4. Actions under vote, in this section, require a simple majority of the quorum, present and voting.
ARTICLE VII - Removing an Officer of his/her Duties
Section 1. A quorum for the purpose of removing an officer from his/her office shall consist of two-thirds of the remaining executive committee, and fifty percent of the membership as defined in subsection (b).
Section 2. The membership, for the purposes of this section, shall include officers and other members.
Section 3. Actions under vote, in this section, require two-thirds of the quorum (present and voting) to cast an affirmative vote.
ARTICLE VIII: Conduct of General Membership Meetings
Section 1. Other Organization Business Outside the Scope of the Executive Board
(a) A quorum for all other business requiring a vote and not specifically defined in this Article shall consist of fifty percent of the Executive Board and fifty percent of the membership, as defined in subsection (b).
(b) The membership, for the purposes of this section, shall include officers and other members.
(c) Actions under vote, in this section, require a simple majority of the quorum, present and voting.
(d) Business of the Organization will be conducted according to “Robert Rules of Parliamentary Procedure”.
Section 2. Meetings of the general membership can be called by the President or at the request of three (3) or more members of the Executive Board. There shall be at least one annual meeting of the general membership per year. The times and places of all general membership meetings of the Organization shall be determined at the general membership meeting or by the President or Executive Board as indicated in this Section. Notice of meetings will be sent out at least seven (7) days prior to the meeting.
ARTICLE IX - Nonprofit Activities
Section 1. The assets of the Organization shall be at all times dedicated to the purposes set out above, and none of the net earnings shall inure in whole or in part to the benefit of any private individual, association or organization, except that the Organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article III hereof. No substantial part of the activities of the Organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Organization 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 of these articles, the Organization shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501 (c) (3) of the Internal Revenue Code, or corresponding organization(s) of any future federal tax code, or (b) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code, or corresponding section(s) of any future federal tax code. If for any reason it becomes necessary to dissolve or liquidate the Organization, the remaining assets of the Organization, after its lawful obligations and all other requirements of law are met and complied with, shall be transferred or conveyed to one or more corporations, societies, or organizations engaged in charitable and educational activities similar to those of the Organization and qualifying under Section 501 (c) (3) of the Internal Revenue Code of 1954, as may be specified in a plan of distribution adopted as provided by law or as directed by a court of competent jurisdiction.
Section 2. The Organization may solicit and receive funds and property by gift, transfer, devise or bequest, and may administer and apply such funds and property only in the furtherance of the charitable, educational, and scientific purposes set out in Article III above.
Section 3. The Organization shall do any and all lawful things which may be necessary, useful, suitable or proper for the furtherance or accomplishment of the purposes and powers of the Organization, and shall exercise all powers possessed by South Dakota organizations of similar character, including the power to own, lease, contract for purchase and sale of personal property.
ARTICLE X - AMENDMENTS
Section 1. If the provisions of the Bylaws are in conflict with the Organization's Articles of Incorporation, the founding Articles of Incorporation, filed with the State of South Dakota take precedence.
Section 2. If any portion of the Bylaws is found to be invalid or unenforceable, for whatever reason, the remainder of the Bylaws shall remain effective.
Section 3. Changing the Organization Bylaws
(a) Proposals for the amendment of these Bylaws may originate by a two-thirds majority vote of the Executive Board or through the submission to the Secretary of a written petition signed by at least ten (10) members of the Organization. Upon an amendment being proposed in either of these two manners, the Secretary shall furnish each member with a copy of the proposed amendment. The proposed amendment shall be voted upon by the members at the next annual meeting, or may at the discretion of the Executive Board be voted upon by letter ballot. All members shall have at least ten (10) days in which to consider the proposed amendment prior to a vote.
(b) A quorum for the purpose of changing the Organization bylaws shall consist of two-thirds of the executive committee and fifty percent of the membership as defined in subsection (b).
(c) The membership, for the purposes of this section, shall include officers and other members.
(d) Actions under vote, in this section, require two-thirds of the quorum (present and voting) to cast an affirmative vote.
These By-laws, consisting of seven (7) pages, for the South Dakota Coalition for Shared Parenting were approved and adopted on April 3, 2000.
Signature on File__________________________
Steven D. Mathis, President
The South Dakota Coalition For Shared Parenting