By Laws

Amended June 20, 2005 All amended items are in italics.
Amended June 19, 2006 Article II. Section 1 and 2.

ARTICLE I
NAME, AFFILIATION, AND PURPOSE

Section 1. Name . The name of the organization shall be the Maine Career Development Association (hereafter referred to as MCDA or as the Association).

Section 2. Affiliation . MCDA is a division of the National Career Development Association (hereafter referred to as NCDA) and shall be subject to those provisions of its Bylaws that apply to divisions. MCDA is a division of the Maine Counseling Association.

Section 3. Purpose . The purpose of MCDA shall be to create a partnership among career development practitioners from business/industry, elementary/secondary schools, colleges, public and private agencies, and private practices, and to establish and improve the standards of professional service in the field of career development in Maine. In addition, MCDA will endeavor to:

1. provide professional development opportunities for people in Maine who provide career information/career assistance to others.
2. provide networking opportunities for these same professionals in the field of career development.
3. be an advocacy group for career development issues.

ARTICLE II

MEMBERSHIP

Section 1.Categories of Membership . There will be two general categories of membership in MCDA: professional and student. All members may vote, and all members may hold an elective or appointed office in the Association.

Section 2: The categories of membership shall be determined in accordance with the following:

1. Professional Members. Professional members are those who have an interest in career development and have a desire to uphold the purpose and principles of MCDA.
2. Student Members. Student members are those who are enrolled in post-secondary programs preparing them for work in a career development related field, and whose application for association membership has been endorsed by their college or university. Student members must also have a desire to uphold the purpose and principles of MCDA.

Section 3. Continuity of Membership. Membership in MCDA shall be continuous on an annual basis.

Section 4. Termination of Membership. 

1. Members may be dropped from membership for unethical behavior as defined in the Code of Ethics of the American Counseling Association (ACA) or for conduct that tends to injure the Association or to affect its reputation adversely. Any charge relating the unethical behavior or misconduct shall be presented to the Board over the signatures of two members. The Board shall provide for investigation of the charges and, if they are found to have substance, the Board shall counsel the members with a view toward possible modification of their behavior. Failing this, the Board shall determine appropriate action. The Board shall have the power to terminate membership in the Association. However, before taking such action, the Board shall notify the members of the precise nature of the charge and give them an opportunity to present evidence in their own behalf.
2. Members will be dropped from membership for non-payment of dues.

ARTICLE III
FINANCES

Section 1. Dues and Assessments . The following procedures shall be followed in establishing MCDA dues and assessments, in addition to those required by the Bylaws of NCDA:

1. Annual dues for all classes of membership shall be established by the Governing Board, subject to approval of the Association at its annual meeting.
2. The Board may specify the manner in which dues and assessments shall be collected.

Section 2. Fiscal Year . The fiscal year of MCDA shall be July 1st through June 30th.

ARTICLE IV
NOMINATIONS AND ELECTIONS

Section 1. Procedures . The Nominations and Elections Committee shall follow the following procedures.

1. Nominations . Members may be nominated for office in one of three ways:

   (1) The Committee on Nominations and Elections shall canvass members for names of suitable nominees.
   (2) A member may be nominated for any elective office by any member of good standing. The nomination shall be in writing to the Chairperson of the Committee of Nominations and Elections.
   (3) All nominations must include:
       (a) A professional resume of the proposed nominee.

       (b) A letter (email) or confirmation from the nominee stating his or her willingness and ability to serve.
       (c) When applicable, a letter from the nomineeÕs employer recognizing the time and resource commitment involved.
   (4) A call for nominations shall be communicated to all MCDA members at least 90 days prior to the circulation of ballots.
   (5) A list of the names of all persons nominated for all elective offices by procedures (1) and (2) in ARTICLE IV, Section 1.A. shall be distributed by the Nominations and Elections Committee to all certified members of the Association by mail or e-mail.

   (6) All mail or e-mail ballots shall be returned to the Chair of the Nominations and Elections Committee May 15th

ARTICLE V
OFFICERS AND THE REPRESENTATIVE (S) TO MeCA EXECUTIVE BOARD

Section 1. Officers , Representative(s) to MeCA Executive Board.

1. The Officers of the Association shall be the President, immediate Past-President, Secretary, and Treasurer. Officers of the Association shall be voting members of NCDA and members of the Maine Counseling Association (MeCA).
2. The MeCA Executive Board representative shall be the President of the Association or his/her designee.

Section 2. Method of Selection.

1. The President, Secretary, Treasurer, shall be elected in accordance with ARTICLE IV.

Section 3. Terms of Office .

1. The President shall be elected bi-annually and shall hold office for two years beginning July 1 or until his or her successor is chosen.
2. The Secretary and the Treasurer shall be elected bi-annually and serve for a period of two years beginning July 1 or until their successors are chosen.
3. In the event of resignation, continued absence, illness, or death of any officer, the Board shall, by majority vote, elect a successor to serve.
4. Terms of office begin July 1 of the election year.

Section 4. Functions of Officers and MeCA Executive Board Representative .

1.  President . The President shall:
   (1) Exert leadership in the achievement of the purpose of MCDA.
   (2) Preside at meetings of the Governing Board.

   (3) Appoint chairpersons of all MCDA committees.
   (4) Serve ex officio on all MCDA committees except the Nominations and Elections Committee.

2. Past-President . The immediate Past-President shall:
   (1) Serve as a member of the Governing Board.

   (2) Serve as Chairperson of the MCDA Nominations and Elections Committee.
   (3) Assume the duties of the President in his/her absence until a representative is appointed by the Governing Board.

3. Secretary . The Secretary shall:
   (1) Keep a record of the proceedings of the Governing Board and Association meetings.

   (2) Serve as a member of the Governing Board.

4. Treasurer . The Treasurer shall:
   (1) Serve as a member of the Governing Board.
   (2) Assist in the preparation of the budgets for MCDA, its committees, and its publications.

   (3) Follow accepted procedures for handling the funds of MCDA.
   (4) Recommend to the Governing Board any needed modifications in procedures for managing the fiscal affairs of MCDA.

5. Representative to the MeCA Executive Board . The Representative to the MeCA Executive Board shall:
   (1) Serve as a member of the Executive Board

   (2) Represent MCDA on the MeCA Executive Board.

Section 5. Sanction and Removal from Office . Any individual noted in Article V, Sections 1 to 4 above, may be sanctioned or removed from office in accordance with procedures as prescribed by official policy of the Association.

Any member of the Governing Board may be sanctioned by a majority vote or removed from office by a two-thirds vote of the Governing Board at any regular or special meeting of the Governing Board at which a quorum is present for engaging in conduct prejudicial to the best interest of the Association or for repeated failure to perform the duties and responsibilities of an Governing Board Member.

Section 6. Functions of the Governing Board . The Governing Board shall be the agency through which the policies of the Association shall be determined and shall have the following powers and functions:

1. To establish policies to govern the affairs of the Association.
2.  To act on recommendations from the Standing Committees and any Ad Hoc committees that are responsible to the Board.

Section 7. Composition and Meetings of the Governing Board.

1. The Board shall meet at least once a year. Other meetings of the Governing Board may be held at the call of the President or of a majority of the Governing Board.
2. At least one-half of the members of the Governing Board shall constitute a quorum throughout any meeting of the Governing Board at which official business is transacted.
3. Shall include the four officers and the following eleven (11) positions as defined below
4. The non elected positions on the Governing Board will be appointed by the President when terms expire or a person resigns from his/her position.

The Governing Board

Including the four officers listed above, there are a total of fifteen positions on the governing board. In order to ensure representation from as many areas of career development as possible we want to have designated areas represented on the Board/Committee as well as enough Òat largeÓ positions to encourage all members to participate. All terms would begin July 1. Terms are staggered to ensure continuity. 

ARTICLE VI
MEETINGS OF THE ASSOCIATION

Section 1. Scheduling of Meetings . At least one meeting of the Association shall be held annually. Such a meeting shall constitute the annual membership meeting of the Association and be held at the annual June conference or another time approved by the Governing Board. Additional meetings of the Association may be called by either a majority vote of the Governing Board or a majority vote of the Association.

Section 2. Quorum . At least one-half of the members of the Association shall constitute a quorum. Voting can be done by presence in person or by other means of communication.

Section 3. Summary of Proceedings . A summary of proceedings of the Association shall be available upon request.

Section 4. Emergency Action . In an emergency and on recommendation of two-thirds vote of the Governing Board, business may be presented by mail or e-mail ballot to the members of the Association

ARTICLE VII
COMMITTEES

Section 1. Standing Committees . The standing committees of MCDA and their duties shall be: 

1. The Membership Committee shall promote membership in MCDA and recommend procedures for processing applications.
2. The Nominations and Elections Committee shall consist of five members: the three most recent Past- Presidents and two members appointed by the Immediate Past President the immediate Past-President shall serve as Chairperson. If any Past-President is unable to serve, the Governing Board may fill the vacancy. The Committee shall be responsible for carrying out the nominations and elections procedures in accord with these Bylaws.
3. The Bylaws Committee shall have responsibilities for drafting proposals for amendments to these Bylaws and for the final wording of amendments passed by the Delegate Assembly to insure their consistency with the style and substance of these Bylaws. The committee shall carry out such other functions as may be assigned to it in these Bylaws or by the Governing Board.

Section 2. Ad Hoc Committees . These Committees shall be established by the Governing Board to carry out such activities as it believes will further the objectives of MCDA. The Governing Board shall, from time to time, review the charge and function of all special committees and shall make changes in their number, characteristics, or organization as may seem desirable.

Section 3. Appointment of Committees . In the absence of any provision to the contrary in these Bylaws or in the motion creating a committee:

1.  The President shall appoint chairpersons of committees. The term of office so appointed shall be determined at the time of the creation of the committee. Chairpersons of committees shall be subject to confirmation by the Governing Board. They may be re-appointed.
2. The chairperson shall designate the members of his or her committee.

ARTICLE VIII
AUDIT

Section 1. Audit . The Governing Board shall make recommendations for a bi-annual audit of the financial records of MCDA to coincide with the term of office for the Treasurer or as needed, by a certified public accountant or an Audit committee. The report shall be reviewed by the Governing Board and institute any recommendations that may be appropriate. A full report on the financial condition of MCDA shall be made available to the members of the Association upon request.

ARTICLE IX
AMENDMENTS

Section 1. Amendments . The Association in accord with either of the following methods may amend these Bylaws from time to time:

1.  A proposed amendment may be presented to the Governing Board by a member of the Governing Board or Committee of MCDA, or by an individual, provided that in the case of an individual the proposed amendment shall be presented over the signatures of at least 25 voting members of MCDA. All such proposed amendments shall be presented in writing to the Secretary of MCDA at least 120 days prior to the annual meeting. They shall be reviewed by the Bylaws Committee and published in an official organ of the Association at least 30 days prior to the annual meeting of the Association.
2.  An amendment also may originate at an annual meeting of the Association. A two-thirds vote by members in attendance is required to approve the amendment.

Section 2. Adoption . A proposed amendment shall be considered adopted if approved by a majority of members.

ARTICLE X
RULES OF ORDER

Section 1. Rules of Order . Robert’s Rules of Order, as from time to time revised, shall govern the proceedings of MCDA, unless otherwise specified in these Bylaws.

Section 2 . In all official MCDA communication and publications, it is recommended that the “Guidelines for Non-Sexist Language”, which appeared in the February, 1978 Personnel and Guidance Journal, be followed, and that the terms “chair” or “chairperson” be preferred to the term, “chairman”.

ARTICLE XI
DISSOLUTION

Dissolution may be approved by a two-thirds (2/3) majority of voting members present or voting by mail / e-mail ballot. In the event of dissolution of the Association, the Governing Board shall direct that all outstanding debts and obligations be paid in full. After all outstanding debts and obligations have been liquidated, the Governing Board shall direct the disposition of any funds or other assets.

Proposed to membership via email April 22,2005

Voting approved 58 Yea; 5 No; 1 Abstain. May 16,2005
Approved as a chartered Division at National Conference June 2005

Amended June 20, 2005 at Annual Conference.
Amended June 19, 2006 at Annual Conference. Article II Membership. Section 1 and Section 2.