[NFB-Maryland] Proposed Amended Constitution - NFBMD

[president at nfbmd.org]

All,

Please see below proposed amended constitution and explanatory notes.  We
will read this at the NFBMD Board of Directors Meeting on November 6 and
vote on it at the morning General Session of the Convention on November 7,
2020.

 


PROPOSED AMENDED Constitution of the National Federation of the Blind of
Maryland


2020


 

Based on the Constitution ADOPTED BY THE 1979 CONVENTION OF THE NATIONAL
FEDERATION OF THE BLIND OF MARYLAND ON OCTOBER 28, 1979

AS AMENDED (NEW ARTICLE 6) BY THE 1982 CONVENTION ON AUGUST 28, 1982

 


ARTICLE I: NAME


The name of this organization shall be the National Federation of the Blind
of Maryland.

 


ARTICLE II: PURPOSE


The purpose of this organization shall be to promote the general welfare of
the blind of Maryland and the nation, and to function as an integral part of
the National Federation of the Blind.

 


*ARTICLE III: MEMBERSHIP


*Section One: ACTIVE MEMBERS


At least a majority of the active members of this organization must be
blind. All active members of chapters and divisions shall automatically
become members of this organization, with the right to vote, serve on
committees, speak on the floor and hold office.


Section Two: ASSOCIATE MEMBERS


Any person may be elected to associate membership in this organization
either by the convention or the Board of Directors. Associate members shall
have all the rights and privileges of active members, except that they may
not vote, hold office, or serve on the Board of Directors. Associate members
shall not pay dues.

 


*Section Three: Disciplinary Action


Any member may be suspended or disciplined for violations of the National
Federation of the Blind code of conduct, other misconduct, or for violation
of this Constitution, by a two-thirds vote of the Board of Directors.  Any
member may be expelled for violations of the National Federation of the
Blind code of conduct, other misconduct, or for violation of this
Constitution, by a two-thirds vote of the active members present and voting
at any regular business session of this organization, or by a two-thirds
vote of the Board of Directors.

 

The state convention of this organization may reinstate any person who has
been expelled unless such expulsion has been confirmed by the National
Convention or by the Board of Directors of the National Federation of the
Blind, in which event the person may not be reinstated except by the
National Convention or by the National Board. Any person who feels that an
unjust expulsion has occurred may appeal to the Board of  Directors of the
National Federation of the Blind, which may (in its discretion) consider the
matter and make a binding decision.

 


*ARTICLE IV: CHAPTERS AND DIVISIONS


*Section One: Chapters


Any organized group desiring to become a chapter of the National Federation
of the Blind of Maryland shall apply for affiliation by submitting to the
President of the National Federation of the Blind of Maryland, a copy of its
Constitution and a list of the names and addresses of its members and
elected officers. When the National Federation of the Blind of Maryland,
either in Convention assembled or by action of its Board of Directors shall
approve the application, it shall issue to the chapter a Certificate of
Acceptance. Annually, on the earlier of either: 1) March 1; or 2) on a date
determined by the President of this organization or the National Federation
of the Blind, each chapter shall provide to the President of the National
Federation of the Blind of Maryland or the President's designee a current
list of its members and their addresses. At the same time, each chapter
Treasurer shall forward to the State Treasurer the state dues for each
member in the chapter, and a detailed financial report of the chapter for
the last year. The fiscal year of this organization shall be the calendar
year. As new members enter chapters, their names and addresses shall be sent
without delay to the National Federation of the Blind according to its
membership reporting procedures, and their state dues shall be sent without
delay to the Treasurer of the state organization. No group shall be accepted
as a chapter and no group shall remain a chapter unless a majority of its
voting members are blind. The President, Vice President, (or Vice
Presidents) and at least a majority of the Executive Committee or Board of
Directors of the chapter must be blind. The President of the National
Federation of the Blind of Maryland shall be an ex officio member of each
chapter. In the event of dissolution of a chapter, or if (for whatever
reason) the chapter ceases to be a part of this organization, its assets
shall become property of the National Federation of the Blind of Maryland.
Each chapter is required to contribute at least twenty-five percent of its
net annual income to the state organization. Any chapter which fails to meet
this requirement may be suspended by action of the Board of Directors of the
National Federation of the Blind of Maryland.


**Section Two:  Divisions


The Board of Directors shall establish procedures for admission of divisions
and shall determine the structure of the divisions.  Divisions shall pay
dues to the state affiliate, submit annual membership lists, and be subject
to discipline by the Board of Directors and the national organization.  Each
division shall, with the approval of the Board, adopt a constitution.

 


*ARTICLE V: OFFICERS AND THEIR DUTIES


There shall be elected at the regular annual convention during each even
numbered year a President, a First Vice President, a Second Vice President,
a Secretary and a Treasurer. The terms of these officers shall begin at the
close of the convention at which they are elected and qualified. Officers
shall be elected by a majority vote of the active members who are present
and voting. There shall be no proxy voting. If no nominee receives a
majority vote on the first ballot, the name of the person receiving the
fewest votes shall be dropped from the list of nominees, and a second ballot
shall be taken. This procedure shall continue until one of the nominees has
received a majority vote from the active members present and voting. The
President and Vice Presidents must be blind. The duties of each officer
shall be those ordinarily associated with that office.


 


*ARTICLE VI: BOARD OF DIRECTORS


The Board of Directors of this organization shall consist of five (5)
constitutional officers and six (6) members at large. Three (3) of the Board
members at large shall be elected for two (2) year terms at the annual
convention during odd numbered years and three (3) shall be elected in
even-numbered years.

The six (6) members at large shall be elected in the same manner as that
prescribed for the election of officers. A majority of the Board must be
blind. The Board shall advise the President and shall have charge of the
affairs of the organization between conventions. At least six (6) members of
the Board must be present at any meeting to constitute a quorum to transact
business. The Board may be polled by telephone, electronic means, or mail
ballot on any question.

 


*ARTICLE VII: MEETINGS


*Section One: ANNUAL CONVENTION


This organization shall hold an annual convention, the time and place of
which shall be fixed by the membership or, if this is not possible, by the
Board of Directors. At least twenty-five percent of the active members must
be present to constitute a quorum to transact business at any annual
convention.


*Section Two: SPECIAL MEETINGS


The President of the organization may call a special meeting of the body at
any time the president,  or a majority of the Board of Directors, deems such
action necessary, but at such special meetings at least   twenty-five
percent of the active members must be present to constitute a quorum to
transact business, and written notice must have been sent to the President
of each  chapter at least ten (10) days prior to the date of the meeting.

 


ARTICLE VIII: COMMITTEES


The President may appoint such committees as the president or the
organization deems necessary.

 


*ARTICLE IX: AFFILIATION


The National Federation of the Blind of Maryland shall be an affiliate of
the National Federation of the Blind and shall furnish to the President of
the National Federation of the Blind annually, on the earlier of either: 1)
March 1; or 2) on a date determined by the President of this organization or
the National Federation of the Blind, the list of the names and addresses of
its members and elected officers. A copy of the Constitution of the National
Federation of the Blind of Maryland and of all amendments to the
Constitution shall also be sent to the President of the National Federation
of the Blind.

 

The National Federation of the Blind of Maryland shall not merely be a
social organization but shall formulate programs and actively work to
promote the economic and social betterment of the blind. The organization
shall comply with the provisions of the Constitution of the National
Federation of the Blind. Policy decisions of the National Federation of the
Blind (whether made by the National Convention or the National Board of
Directors) are binding on this organization, and this organization must
participate affirmatively in carrying out such policy decisions. As a
condition of affiliation, it is agreed by this organization that the
National Federation of the Blind (whether by action of the National
Convention or National Board) has the power to expel or discipline a member,
chapter, division, or affiliate. In the event of reorganization, the assets
of the affiliate and its  chapters and divisions belong to the reorganized
affiliate, and the former affiliate shall dissolve and cease to exist. The
name National Federation of the Blind, Federation of the Blind, or any
variant thereof is the property of the National Federation of the Blind and
this organization or any of its  chapters or divisions which cease to be a
part of the National Federation of the Blind (for whatever reason) shall
forfeit the right to use the name National Federation of the Blind,
Federation of the Blind, or any variant thereof.

 


ARTICLE X: DELEGATES TO THE NATIONAL FEDERATION OF THE BLIND CONVENTION


The organization shall elect each year at least one (1) delegate and at
least one (1) alternate delegate to attend the convention of the National
Federation of the Blind. No person shall be elected delegate unless that
person is an active member in good standing. To the extent of the resources
of the organization, the expenses of delegates and alternate delegates to
the convention of the National Federation of the Blind shall be paid.

 


*ARTICLE XI: DUES


The annual dues of the organization shall be at an amount set by the Board
of Directors,  payable in advance. In accordance with Article IV of the
Constitution,  chapters and divisions shall pay the state dues of their
members. No person may vote who is delinquent in the payment of  dues.

 


*ARTICLE XII: DISBURSEMENT OF FUNDS


The funds of this organization shall be deposited in a bank to be selected
by the Treasurer with the approval of the President. All financial
obligations of the organization shall be discharged by order of the
President, in a manner approved by the Board of Directors, and authenticated
by the Treasurer.

 

 


ARTICLE XIII: DISSOLUTION


In the event of the dissolution of this organization, or (for whatever
reason) it ceases to be an affiliate of the National Federation of the
Blind, its assets shall be given to the National Federation of the Blind, to
be held in trust for a reorganized affiliate in the state. In the event that
no affiliate is reorganized in the state for a period of two (2) years from
the date this organization ceases to be an affiliate of the National
Federation of the Blind, the assets become the property of the National
Federation of the Blind.

 


ARTICLE XIV: AMENDMENTS


This Constitution may be amended at any regular meeting of this organization
by an affirmative vote of two-thirds of the active members present and
voting, provided the proposed amendment has been submitted in writing and
read at a previous business session.

 

Proposed Changes to the Constitution of the National Federation of the Blind
of Maryland

2020

Explanations

 

Below are the proposed changes to the Constitution of the National
Federation of the Blind of Maryland.  These proposed changes will be read at
the NFBMD Board of Directors Meeting on November 6, 2020 and will be voted
on by the Convention on November 7, 2020.

 

General Notes:

-          One asterisk means there is a proposed change to that provision.

-          Two asterisks means this is entirely new language.

-          Each proposed change below includes a description of the purpose
for the change in brackets.

-          The Board has determined that resolving typographical errors and
making this document gender neutral does not constitute substantive changes,
and thus such changes are authorized without the need for a vote on them.
As a result, the proposed amended constitution incorporates typographical
corrections and gender neutral language without pointing them out as
deviations from the original constitution.

 

Article III - Membership

-          Section One: Delete line that says: "Active membership shall be
of two (2) classifications: active members who are affiliated with local
chapters and active members who are not affiliated with local chapters."
[Purpose: Now that an At Large chapter exists, this is not needed.]

-          Section One: Change "local chapters" to "chapters and divisions"
[Purpose: To capture non-brick and mortar chapters and include divisions.]

-          Section One: Delete subsection ii that says: "Any person who is
not affiliated with a local chapter may become an active member of this
organization by a majority vote of the active members present and voting at
a convention or by action of the Board of Directors." [Purpose: Now that an
At Large chapter exists, this is not needed.]

-          Section Three: Change "Expulsion" to "Discipline" in title.
[Purpose: Captures true authority as indicated in Code of Conduct.]

-          Section Three: Change entire paragraph to state: "Any member may
be suspended or disciplined for violations of the National Federation of the
Blind code of conduct, other misconduct, or for violation of this
Constitution, by a two-thirds vote of the Board of Directors.  Any member
may be expelled for violations of the National Federation of the Blind code
of conduct, other misconduct, or for violation of this Constitution, by a
two-thirds vote of the active members present and voting at any regular
business session of this organization, or by a two-thirds vote of the Board
of Directors." [Purpose: incorporate Code of Conduct as reason for
discipline; allow for discipline in addition to expulsion.]

 

Article IV - Local Chapters

-          Title: Change "Local Chapters" to "Chapters and Divisions."
[Purpose: To capture non-brick and mortar chapters and include divisions.]

-          Format: Create subsections for "Chapters" and "Divisions."
[Purpose: To capture non-brick and mortar chapters and include divisions.]

-          Section One: Should read: "Any organized group desiring to become
a chapter of the National Federation of the Blind of Maryland shall apply
for affiliation by submitting to the President of the National Federation of
the Blind of Maryland, a copy of its Constitution and a list of the names
and addresses of its members and elected officers. When the National
Federation of the Blind of Maryland, either in Convention assembled or by
action of its Board of Directors shall approve the application, it shall
issue to the chapter a Certificate of Acceptance. Annually, on the earlier
of either: 1) March 1; or 2) on a date determined by the President of this
organization or the National Federation of the Blind, each chapter shall
provide to the President of the National Federation of the Blind of Maryland
or the President's designee a current list of its members and their
addresses. At the same time, each chapter Treasurer shall forward to the
State Treasurer the state dues for each member in the chapter, and a
detailed financial report of the chapter for the last year. The fiscal year
of this organization shall be the calendar year. As new members enter
chapters, their names and addresses shall be sent without delay to the
National Federation of the Blind according to its membership reporting
procedures, and their state dues shall be sent without delay to the
Treasurer of the state organization. No group shall be accepted as a chapter
and no group shall remain a chapter unless a majority of its voting members
are blind. The President, Vice President, (or Vice Presidents) and at least
a majority of the Executive Committee or Board of Directors of the chapter
must be blind. The President of the National Federation of the Blind of
Maryland shall be an ex officio member of each chapter. In the event of
dissolution of a chapter, or if (for whatever reason) the chapter ceases to
be a part of this organization, its assets shall become property of the
National Federation of the Blind of Maryland. Each chapter is required to
contribute at least twenty-five percent of its net annual income to the
state organization. Any chapter which fails to meet this requirement may be
suspended by action of the Board of Directors of the National Federation of
the Blind of Maryland." [Purpose: Update membership information submission
requirements to be consistent with both current practice and National
membership initiatives.]  

-          Section Two: Should read: "The Board of Directors shall establish
procedures for admission of divisions and shall determine the structure of
the divisions.  Divisions shall pay dues to the state affiliate, submit
annual membership lists, and be subject to discipline by the Board of
Directors and the national organization.  [Purpose: Modernize constitution
to reflect inclusion of state divisions and afford the Board the flexibility
needed based on their different structures and purposes.]

Article V: Officers and Their Duties

-          Change "The officers must be blind" to instead say "The President
and Vice Presidents must be blind." [Purpose: Harmonize with other affiliate
and chapter constitution requirements.]

 

Article VI: Board of Directors

-          Delete: "except that, at the annual convention during which this
provision is adopted, four (4) members at large shall be elected, three (3)
members for two (2) year terms and one (1) member for a one (1) year term."
[Purpose: The last amendment expanded the Board, so it was necessary to
prescribe term lengths.  This is not the case now so this language may be
deleted.]

-          Add language that states: "A majority of the Board must be
blind." [Purpose: Previous constitution is silent on this issue, and it is
important to ensure that the organization is run by blind people.]

-          Change "The Board may be polled by telephone or mail ballot on
any question." To instead say: "The Board may be polled by telephone,
electronic means, or mail ballot on any question." [Purpose: modernize
polling methods based on available technology.]

 

Article VII - Meetings

-          Section One: Change quorum from 15 members to 25%. [Purpose:
Since Maryland is a large affiliate, a percentage better reflects the needs
of the organization for a quorum.]

-          Section Two: Change quorum from 15 members to 25%. [Purpose:
Since Maryland is a large affiliate, a percentage better reflects the needs
of the organization for a quorum.]

 

Article IX - Affiliation

-          Change date by which the membership information is due to the NFB
to "annually, on the earlier of either: 1) March 1; or 2) on a date
determined by the President of this organization or the National Federation
of the Blind." [Purpose: Update membership information submission
requirements to be consistent with both current practice and National
membership initiatives.]  

 

 

Article XI - Dues

-          Replace current language in its entirety to state: "The annual
dues of the organization shall be at an amount set by the Board of
Directors, payable in advance. In accordance with Article IV of the
Constitution,  chapters and divisions shall pay the state dues of their
members. No person may vote who is delinquent in the payment of dues."
[Purpose: Since there is an At Large chapter, there is no longer a need for
at large membership and lifetime membership outside of that chapter; creates
mechanism for Board to determine amount of state dues so that a
constitutional change is not needed to change dues amounts.]

 

Article XII - Disbursement of Funds

-          Remove treasurer bonding requirement. [Purpose: This is
impracticable.]

-          Change language that states "All financial obligations of the
organization shall be discharged by check issued on order of the President,
and signed by the Treasurer." to instead state: "All financial obligations
of the organization shall be discharged by order of the President, in a
manner approved by the Board of Directors, and authenticated by the
Treasurer." [Purpose: modernizes methods for transacting business and
creates flexibility for further technology developments.]

 

 

Ronza Othman, President

National Federation of the Blind of Maryland

443-426-4110

Pronouns: she, her, hers

 

The National Federation of the Blind of Maryland knows that blindness is not
the characteristic that defines you or your future. Every day we raise the
expectations of blind people, because low expectations create obstacles
between blind people and our dreams. You can live the life you want;
blindness is not what holds you back.

 

 

 

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