National Association of Unemployment Insurance Appeals Professionals
Constitution and By-Laws
Article I: Name, Objectives, and Fiscal Year
Article II: State of Incorporation
Article III: Members
Article IV: Dues
Article V: General Membership
Article VI: Board of Governors
Article VII: Officers
Article VIII: Amendments
Section 1. Name
The name of the organization shall be the National Association of Unemployment Insurance Appeals Professionals, hereinafter referred to as the “Association”.
Section 2. Objectives
To foster, advocate, and advance the broad principles of unemployment insurance within the scope of the Social Security Act, the Federal Unemployment Tax Act, and other statutes, codes, rules, and regulations which pertain to the operation of the unemployment insurance program throughout the United States, with particular emphasis on the appellate processes which are an integral part of unemployment administration. To exchange ideas, methods, and procedures with the National and Regional offices of the United States Department of Labor, and the various State Unemployment Insurance Agencies with the following goals in mind:
a. Participate in actively seeking attainment of professional standards which will, in the interest of justice, result in the greatest service to the public.
b. Provide a forum for the exchange of ideas and opinions.
c. Study and advocate improved operating procedures and techniques in the administration on unemployment insurance appeals.
d. Provide information and study material for continuing education of members of the Association.
e. Promote the establishment of codes of ethics.
f. Engage in such activities as may be deemed necessary and proper to further the objectives of the Association. Officers, committee chairs, or members of this Association who testify in any litigation concerning the appeal procedures of any state, territory or commonwealth which has active members in this Association, shall not present themselves as representatives of the Association, unless authorized by a unanimous vote of the Association’s Board of Governors.
Section 3. Fiscal Year
The fiscal year of the Association shall be the calendar year.
This corporation is organized under the General Non-profit Corporation Law of the State of California.
Section 1. Eligibility
a. Active Membership
A person is eligible for active membership if he or she regularly performs at least one of the following functions:
i. decides unemployment insurance higher or lower authority cases.
ii. as a state employee, assists in the issuance of decisions or the defense of higher authority decisions in court.
iii. directly supervises lower authority hearing officers.
b. Associate Membership
A person is eligible for associate membership if he or she meets one or more of the following criteria:
i. is a former member of the Association who is no longer eligible for active membership.
ii. is a governmental employee and is involved in legal affairs related to the unemployment insurance appeals process.
iii. is involved in the administration of unemployment insurance appeals.
iv. is a non-governmental party involved in the administration of unemployment insurance appeals and/or represents claimants or employers at unemployment insurance appeals hearings and/or advises claimants or employers in unemployment insurance appeals matters.
c. Honorary Membership
Honorary membership may be conferred by the Board of Governors on those persons who have rendered outstanding service in administrative law or related fields.
Honorary membership may be conferred by the Board of Governors on those persons who have rendered continuous outstanding service to the Association over a period of at least five years.
d. Associate and Honorary Membership — Privileges
Associate and honorary members shall not be eligible to vote or hold elective office. Associate and honorary members shall receive all publications which are sent to members. They shall be eligible to pay member registration fees at the annual conference.
Section 2. Acquiring Membership
The method of acquiring active membership in the Association shall be by individual application.
Section 3. Termination of Membership
Active membership in this Association shall be terminated for any of the following causes:
b. permanent separation from qualifying employment or office;
c. failure to pay dues.
Section 1. Due Annually
The membership year of the Association shall be the twelve-month period beginning the first day of June of each year. Membership dues shall be paid to the Association in the amount fixed for each class of member by a vote of the active membership at an annual meeting or special meeting of the Association. Any changes shall be made before the beginning of each membership year. Dues not paid within sixty days after the beginning of each membership year are delinquent.
Section 2. Special Assessments
Special assessments may be proposed by the Board of Governors and approved by a vote of the active membership at an annual meeting or special meeting of the Association.
Section 3. Forfeiture of Rights
Members of the Association whose annual dues are not paid within sixty days after the beginning of the membership year shall forfeit the right to actively participate in the affairs of the Association.
Section 4. Reinstatement
Membership forfeited for failure to pay dues shall be reinstated at any time upon the payment of the delinquent dues for the current membership year.
Section 1. Government
a. The Association shall be governed by vote of the active members of the Association.
b. “A vote of the active membership” is defined as a majority vote of the individuals who have qualified for active membership and are current in payment of dues. A “vote of the active membership” may be taken:
i. At the annual meeting of the membership to be known as the annual conference;
ii. At a special meeting of the membership; or
iii. By a ballot of the unassembled active members.
Section 2. Membership Meetings
a. Unless the Board of Governors determines otherwise, the annual membership conference shall be held after the start of each membership year at the time and place determined by the Board of Governors. At least one-third of the active members must be present to constitute a quorum.
b. Special meetings of the membership may be held as directed by the Board of Governors. The same requirement for a quorum shall prevail as for the annual membership conference.
c. A ballot of the unassembled active members of the Association may be authorized by the Board of Governors.
d. At least 30 days notice shall be given of the annual or special meeting.
Section 1. Composition
Members of the Board of Governors must be active members of the Association. The Board of Governors shall consist of the elected officers of the Association, the immediate past president, president, president-elect, first vice president, second vice president, secretary, and treasurer, and five at-large board members. The term, “Board of Governors” shall be deemed synonymous with and referring to the term “Board of Directors” as used in any applicable statutes.
Section 2. Replacement of Members
Whenever any member of the Board of Governors vacates his office, the remaining members shall have the power and duty to appoint a substitute for the remaining portion of the term.
Section 3. General Administration
The administration of the affairs of the Association shall be vested in the Board of Governors, which shall carry out any and all authorized recommendations and instructions emanating from the membership. It shall give special attention to the executive detail to the end that the general policies of the Association as provided in the Constitution and By-Laws may have power and effect.
Section 4. Meetings
The Board of Governors shall meet at least semi-annually provided one such meeting shall be held no later than one month preceding the annual membership meeting. Special meetings may be called by the President or by any three members of the Board of Governors upon reasonable notice to all members of the Board. The meetings shall be at the time and place designated by the President or by at least three members of the Board if the meeting is not called by the President. A majority of the Board of Governors shall constitute a quorum for the transaction of business.
Section 5. Delegation of Powers
The Board of Governors shall have general charge of the affairs of the Association and may delegate such powers and take such action as they may deem appropriate, and which are not in conflict with the Constitution and the By-Laws.
Section 6. Determine Annual Meeting Site
The Board of Governors shall determine the time and place of the annual meeting within the limits set for them elsewhere in this Constitution and By-Laws.
Section 1. General
The officers of this Association shall be the President, the President-Elect, First Vice President, Second Vice President, Secretary, and Treasurer.
Section 2. Election
a. The officers shall be elected every year by a vote of the active membership present at the annual membership meeting of the Association and installed to take office at the conclusion of that meeting.
b. The member elected as president-elect at the last annual meeting of the Association is installed as president for the upcoming year at the conclusion of the present annual membership meeting together with the newly elected officers: provided, however, that in the event said president-elect is unable or unwilling to serve as president, the president shall be elected prior to any other officer.
c. The election order for the Board of Governors shall be as follows: President-Elect; First Vice President; Second Vice President; Secretary; Treasurer; and five At-Large Board Members.
The presiding officer shall take nominations from the floor for each office before accepting a motion to close nominations and proceeding with the vote tally for that office.
d. In the event that there are more than two candidates for an office and no one candidate has received a majority on the first ballot in such election, the two candidates having the highest number of votes shall be considered in a further ballot by the membership, and the candidate having the highest number of votes on the second ballot shall be declared elected.
e. The officers shall hold office for one year or until their successors are elected and installed.
Section 3. Duties of the President
a. The President shall be the executive officer of the Association. The President may call meetings of the Board of Governors.
b. The President shall tender an annual report to the annual conference and may submit such recommendations as are deemed necessary.
c. The President shall assign the President-Elect, First Vice President, and Second Vice President such duties as desired by the President and not adverse to the will of the Board of Governors.
Section 4. Duties of the President-Elect
a. The President-Elect shall perform such duties as assigned by the President, and shall serve as acting President in the absence of the President or his/her inability to perform the duties of the office.
b. The President-Elect shall be the next succeeding president of the Association.
Section 5. Duties of the First Vice President
a. The First Vice President shall also perform such duties as are assigned by the President.
b. In the event the President and the President-Elect are unable to perform the duties of the office of the President, the First Vice President shall serve as acting President.
Section 6. Duties of the Second Vice President
a. The Second Vice President shall also perform such duties as are assigned by the President.
b. In the event the President, the President-Elect and the First Vice President are unable to perform the duties of the office of the President, the Second Vice President shall serve as acting President.
Section 7. Duties of the Secretary
a. The Secretary shall be responsible for keeping a correct record of the activities of the Association and of the annual conference and special meetings of the membership.
b. The Secretary shall be custodian of the records of the Association and shall be responsible for answering all general correspondence directed to the Association. The Secretary shall maintain and distribute as directed by the Board of Governors all records, books, pamphlets, tapes, and other material acquired by the Association for dissemination.
c. The Secretary shall prepare the minutes of each meeting of the Board of Governors and within thirty days after each Board meeting shall prepare a summary of the substance of actions taken or declined to be taken and submit a copy of such summary to be published in the next issue of the Association’s newsletter.
Section 8. Duties of the Treasurer
a. The Treasurer shall be responsible for the collection of dues for the Association; for establishing an insured deposit account or accounts in the name of the Association; for paying all bills and expenses of the Association. The Treasurer shall submit to the President or the Board of Governors regular statements of the condition of the treasury. The Treasurer shall be responsible for keeping all fiscal accounts, records, and books of the Association.
b. The Treasurer shall submit a statement of the financial condition of the Association to the annual conference and at such other time as requested by the President or the Board of Governors.
c. The Treasurer shall certify as to the good standing of members at the conference.
Section 9. Duties of the At-Large Board Members
Five members shall be elected at large to serve as committee chairmen as designated by the President with the advice of the officers. The chairmen shall have full voting privileges on the Board of Governors.
Section 10. Safeguards for Funds
The Treasurer shall send to the President a copy of monthly, itemized statements from any and all financial institutions that hold Association funds on deposit. Any person authorized to withdraw or disburse funds of the Association may be required to be bonded, at the discretion of the Board of Governors.
Section 11. Rules of Procedure
Proceedings of all meetings shall be governed according to Roberts Rules of Order, except as established by the Constitution and By-Laws.
Section 1. Proposal and Notice
a. An amendment to the Constitution and By-Laws of the Association may be proposed by:
i. obtaining the signatures to a petition of two-thirds (2/3) of the active members in good standing;
ii. motion of the Board of Governors; or
iii. a vote of the active membership present at any regular or special meeting.
b. Proposals to amend the Constitution and By-Laws shall be submitted by the Board of Governors to the membership in writing for ratification. At the regular or special meeting, ratification shall be by a majority vote of the active membership present at any regular or special meeting. The Board of Governors shall immediately tally the results of such vote and the amendment shall be effective upon certification of a favorable result by the Board of Governors.