[nfbmi-talk] Regarding the Guide Dog Division Constitution

Sat Sep 17 17:38:27 UTC 2016

Hello All,

It appears as though there is still a lot of confusion regarding the adoption of the guide dog division constitution. I do not know what the previous state affiliate constitution said about the formation and adoption of new divisions within the state affiliate as it appears as though no one was ever able to find a copy of the previous state affiliate constitution. However, here is what the current state affiliate constitution says about the formation and adoption of new divisions within the state affiliate:

ARTICLE V DIVISIONS

The Board of Directors shall establish procedures for admission of divisions and shall determine the structure of divisions. The divisions shall, with the approval of the Board, adopt constitutions and determine their membership policies.

Therefore, the current state affiliate constitution is rather vague in regards to the formation and adoption of divisions within the state affiliate. The notion that the guide dog constitution needed to be read twice during a state affiliate board meeting where official business is discussed appears to be nothing more than an assumption that does not appear to be true. There is nothing in the current state affiliate constitution stating that the constitution of a new division or chapter needs to be read during a state affiliate board meeting where official business is discussed. Here is what the current state affiliate constitution says about the formation and adoption of new chapters within the state affiliate:

ARTICLE IV LOCAL CHAPTERS

Any organized group desiring to become a local chapter of the National Federation of the Blind of Michigan shall apply for affiliation by submitting to the President of the National Federation of the Blind of Michigan 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 Michigan either in Convention assembled or by action of its Board of Directors, shall have approved the application, it shall issue to the Local Chapter a Certificate of Acceptance.  Annually, on or before January 31, each Local Chapter shall provide to the Treasurer of the National Federation of the Blind of Michigan a current list of its members, their names, addresses, and their state dues.  The treasurer shall submit to the secretary a current list of all active members annually.   Upon request, a local chapter shall also provide the state President with a list of the names and addresses of the chapter members and with a detailed financial report of the chapter for the past year. The fiscal year of this organization shall be the calendar year. As new members enter local chapters, their names, addresses, and 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, the Vice President (or Vice Presidents), and at least a majority of the Executive Committee or Board of Directors of the local chapter must be blind. The President of the National Federation of the Blind of Michigan shall be ex-officio a member of each local chapter. In the event of the dissolution of a local chapter, or if (for whatever reason) the local chapter ceases to be a part of this organization, its assets shall become the property of the National Federation of the Blind of Michigan; and it shall forthwith cease to use the name National Federation of the Blind, Federation of the Blind, or any variant thereof.

It appears to me that the guide dog division has done the things outlined in the section of the state affiliate constitution for the formation and adoption of a new chapter. It would seem to me the formation and adoption of a new division would be the same for a new chapter. Therefore, there is no need to read the guide dog division constitution again in order for the state affiliate to recognize the guide dog division as an official division within the state affiliate.

It seems to me that a lot of people are confusing the adoption of the guide dog constitution with the amendment process for amending or changing the state affiliate constitution. As I understand it, the constitution that is being presented by the guide dog division seeking to be recognized as an official division within the state affiliate is a new constitution. It is impossible to amend a new constitution that is being considered for adoption. However, once the guide dog division constitution is deemed to be acceptable by the state affiliate, any amendments or changes to the guide dog division constitution would be handled by the guide dog division and not the state affiliate.

According to the current state affiliate constitution, the only time an amendment needs to be presented and read aloud during a state affiliate board meeting where official business is discussed is when someone is seeking to amend or change the state affiliate constitution. Here is what the current state affiliate constitution says about amending the state affiliate constitution:

ARTICLE XV 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 and provided it is in compliance with the provisions of the Charter of Affiliation received from the National Federation of the Blind and with the policies of the National Federation of the Blind.

I sincerely hope this helps to clarify the confusion surrounding the adoption of the guide dog division and the process of approving the constitution for the guide dog division. If the state affiliate has received a copy of the constitution for the guide dog division, and has received a list of officers and members along with their dues, there should be nothing more that needs to be done for the state affiliate to recognize the guide dog division as an official division within the state affiliate except to formally approve of its adoption as an official division within the state affiliate. It seems to me that a simple motion to approve the guide dog division as an official division within the state affiliate is all that is needed here.

Warm regards,
Elizabeth
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