[nagdu] Amending a constitution

[Sherrill O'Brien]

Tracy and all,

Marion asked me, as FLAGDU PRESIDENT, to send out a copy of  FLAGDU's newly
approved Constitutional amendments.  I've attached and pasted them here...
for everyone's reading pleasure!(smile)  Seriously you might find them
useful in writing your own division constitutions as it's the very first
approved one based on NAGDU's model constitution.

An interesting procedure we used, which was Marion's great idea, dealt with
the initial amendment at the top of the document.  Here, we simply
proposed that a motion be made to strike the word "legally" in the term
"legally blind" wherever it appeared in our Constitution, and certainly it
appeared alot.  I just thought you might like to know about this in case you
ever have to deal with a similar situation.  As an aside, we did this at the
urging of NFB President  Maurer, who prefers the use of the term "blind"
rather than "legally blind" in our constitutions.  By making that particular
amendment in this way, we only had to vote once on changing "legally blind"
to "blind", thus simplifying and speeding up a lengthy process.  We actually
got through it pretty quickly, and didn't even have to lock the doors to
keep our FLAGDU members from sneaking out during all the reading and voting
(lol)
Good luck, Tracy.  NYAGDU members should be very pleased and proud when the
process is completed.  For you or anyone else working on a division
constitution now or in the future, Marion or Mike are just a click or phone
call away, and they're pretty knowledgeable on this subject!

Sherrill

Approved Amendments to the FLAGDU Constitution

Amendment to the FLAGDU Constitution Regarding blindness

	The motion is made to strike the term "legally blind" wherever it appears
in the Constitution of the Florida Association of Guide Dog Users and
replace it with the term "blind".

Amendment to the constitution of the Florida Association of Guide Dog Users
Concerning Affiliation with the National Association of Guide Dog Users

Currently reads:
ARTICLE II: PURPOSE
The purpose of this organization shall be to educate the community about
issues of guide dog users; to act as advocates for guide dog users; to
educate the community about the capabilities and needs of the blind; to
promote the general well-being of the blind in the State of Florida and of
the Nation; and to function as an integral part of the National Federation
of the Blind.

Amended to read:
ARTICLE II: PURPOSE
The purpose of this organization shall be to educate the community about
issues of guide dog users; to act as advocates for guide dog users; to
educate the community about the capabilities and needs of the blind; to
promote the general well-being of the blind in the State of Florida and of
the Nation; and to function as an integral part of the National Federation
of the Blind and the National Association of Guide Dog Users.

Currently Reads:
Article III: Membership

Section Two: Affiliation
Membership in this organization assumes membership in the National
Federation of the Blind of Florida and the National Federation of the Blind.
Membership in this Organization does not constitute membership in the
National Association of Guide Dog Users.

Amended to Read:
Section Two: Affiliation
Membership in this organization assumes membership in the National
Federation of the Blind of Florida and the National Federation of the Blind.
Membership in this Organization constitutes membership in the National
Association of Guide Dog Users.

Currently reads:
ARTICLE VIII: AFFILIATION
The Florida Association of Guide Dog users shall be a Division of the
National Federation of the Blind of Florida, and this organization shall
furnish to the President of the National Federation of the Blind of Florida
annually, on or before June 31st, a list of the names and addresses of its
members and elected officers. Further, a complete financial report showing
all financial transactions for the previous calendar year shall also be
furnished to the Florida State President on or before March 1st for
appropriate accounting purposes and to comply with all 501(c)(3) and
Internal Revenue Service requirements. A copy of the Constitution of the
Florida Association of Guide Dog Users and of all amendments to the
Constitution shall be sent to the President of the National Federation of
the Blind of Florida, immediately upon their adoption.
The Florida Association of Guide Dog Users shall not merely be a social
organization, but shall formulate programs and actively work to promote the
economic and social betterment of the blind. This organization shall comply
with the provisions of the Constitution of the National Federation of the
Blind. All policy decisions of the National Federation of the Blind or of
the National Federation of the Blind of Florida (whether made by the
National or State Convention or by the National or State Board of Directors)
are binding on this organization. Therefore, this organization shall
affirmatively participate 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 National or State Convention or
by National or State Boards) has the power to expel or discipline an
individual member and to expel or reorganize a state affiliate, local
chapter or Division. In the event of reorganization, the assets of this
organization belong to the reorganized Division, and the former Division
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, if it ceases 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.

Amended to read:
ARTICLE VIII: AFFILIATION
The Florida Association of Guide Dog users shall be a Division of the
National Federation of the Blind of Florida, and the National Association of
Guide Dog Users. This organization shall furnish to the President of the
National Federation of the Blind of Florida and the President of the
National Association of Guide Dog Users annually, on or before June 1st, a
list of the names and addresses of its members and elected officers.
Furthermore, a complete financial report showing all financial transactions
for the previous calendar year shall also be furnished to the president of
the National Federation of the Blind of Florida and the president of the
National Association of Guide Dog Users on or before March 1st for
appropriate accounting purposes and to comply with all 501(c)(3) Internal
Revenue Service requirements. A copy of the Constitution of the Florida
Association of Guide Dog Users and of all amendments to the Constitution
shall be sent to the President of the National Federation of the Blind of
Florida and the President of the National Association of Guide Dog Users
immediately upon their adoption.
The Florida Association of Guide Dog Users shall not merely be a social
organization, but shall formulate programs and actively work to promote the
economic and social betterment of the blind. This organization shall comply
with the provisions of the Constitution of the National Federation of the
Blind of Florida, the National Federation of the Blind, and the National
Association of Guide Dog Users. All policy decisions of the National
Federation of the Blind, the National Federation of the Blind of Florida, or
the National Association of Guide Dog Users, whether made by the National or
State Convention or by the Board of Directors, are binding on this
organization. Therefore, this organization shall affirmatively participate
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 National or State Convention or by the Board of Directors, has
the power to expel or discipline an individual member and to expel or
reorganize a state affiliate, local chapter or Division. In the event of
reorganization, the assets of this organization belong to the reorganized
Division, and the former Division shall dissolve and cease to exist. In the
event no division is organized within a period of two (2) years, fifty
percent (50%) of the funds shall become the property of the National
Federation of the Blind of Florida and fifty percent (50%) of the funds
shall become the property of the National Association of Guide Dog Users.
The name National Federation of the Blind, Federation of the Blind, Florida
Association of Guide Dog Users, National Association of Guide Dog Users,
Association of Guide Dog Users, or any variant thereof is the property of
the National Federation of the Blind and this organization, if it ceases 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, Florida Association of Guide Dog Users, Association
of Guide Dog Users, or any variant thereof.

Currently reads:
ARTICLE IX: DUES
The dues of the organization shall be two dollars ($2.00) per year payable
in advance. Individuals who are not members of the National Federation of
the Blind shall be five dollars ($5.00).  Of this latter amount, The
Association shall promptly forward three dollars ($3.00) per year to the
National Federation of the Blind of Florida on behalf of each member.  No
person may vote who is delinquent in the payment of his/her dues.  Dues are
for membership from Convention to Convention.  Any member who becomes a
member within three (3) months of Convention shall retain membership until
the following Convention.

Amended to read:
The dues of this Association shall be an amount determined by the membership
and in accordance with the constitutions and policies of the National
Association of Guide Dog Users, the National Federation of the Blind of
Florida, and the National Federation of the Blind. No rights or privileges
of membership are extended to any person who is delinquent in the payment of
their dues.  Dues are for membership from Convention to Convention.  Any
individual who becomes a new member within three (3) months of Convention
shall retain membership until the following Convention.  N.B. This latter
provision does not apply to previous members who are delinquent on their
dues!

ARTICLE X
Strike section two, which currently reads:
Section Two - Expenditure of Unrestricted Income
The fund-raising activities of this organization, which shall include any
net gain resulting from an activity as well as any unrestricted gifts
generated from distribution of an annual appeal letter or other form of
request, shall be tallied monthly and separately by the Treasurer. Upon
reconciliation of such deposits, the Organization shall submit twenty-five
percent (25%) of this income to the treasurer of the National Federation of
the Blind of Florida. This proportionate share shall be remitted by the 15th
of each month following the reconciled receipt of the funds and prior to the
approval of other general expenditures in accordance with Section One of
this article.

Section three becomes section two
Section Two - Expenditure of Restricted Income
Currently reads:
Since this organization may, from time to time, engage in social activities
for its membership or solicit funding for a particular purpose (i.e.,
acquisition of equipment, transportation or other service subsidies, etc.)
for which the expenditure of such funds are both designated and restricted
in the mind of the donors, the Treasurer shall maintain a separate
accounting of such income and be accountable for expending these funds for
their intended purpose on behalf of the Division. Restricted/designated
funding may include, but is not limited to, sponsorship of a social
activity, gifts or bequests designated to a particular program by the donor,
and funding secured in the form of a grant where the grantor has designated
the utilization of such income as a condition to its receipt. Any restricted
income received by this Division is not subject to the proportionate
distribution to the state affiliate as outlined in Section Two of this
article. If for any reason the Division is unable to utilize designated
income for its intended purpose, (i.e., a sponsored social activity was
cancelled), the Treasurer shall notify the donor that the Division was
unable to comply with their request and inquire as to how the donor would
wish us to dispose of the gift. If the donor so chooses to lift the
restriction of the gift the Treasurer shall include the amount of the
formerly restricted gift in his/her tally of "unrestricted" funding in the
month following the dissolution of the donor's previous designation.

**Deleted:  Any restricted income received by this Division is not subject
to the proportionate distribution to the state affiliate as outlined in
Section Two of this article.II

Amended to read:
Since this organization may, from time to time, engage in social activities
for its membership or solicit funding for a particular purpose (i.e.,
acquisition of equipment, transportation or other service subsidies, etc.)
for which the expenditure of such funds are both designated and restricted
in the mind of the donors, the Treasurer shall maintain a separate
accounting of such income and be accountable for expending these funds for
their intended purpose on behalf of the Division. Restricted/designated
funding may include, but is not limited to, sponsorship of a social
activity, gifts or bequests designated to a particular program by the donor,
and funding secured in the form of a grant where the grantor has designated
the utilization of such income as a condition to its receipt. If for any
reason the Division is unable to utilize designated income for its intended
purpose, (i.e., a sponsored social activity was cancelled), the Treasurer
shall notify the donor that the Division was unable to comply with their
request and inquire as to how the donor would wish us to dispose of the
gift. If the donor so chooses to lift the restriction of the gift the
Treasurer shall include the amount of the formerly restricted gift in
his/her tally of "unrestricted" funding in the month following the
dissolution of the donor's previous designation.

Section four becomes section three:
Currently reads: Section Four - Discretionary Expenditures
The President shall have the power to request or issue checks for any sum
not to exceed fifty dollars ($50.00) at his/her discretion should it be
deemed necessary without the approval of the Board of Directors.


Amended to read:
Section Three- Discretionary Expenditures
The President shall have the discretion and power to request or issue checks
for any sum not to exceed an amount determined by the Board of Directors
should it be deemed necessary without the approval of the Board of
Directors.

Currently reads:
ARTICLE XI: DISSOLUTION
Reads:  In the event of the dissolution of this organization (for whatever
reason) it ceases to be an affiliate of the National Federation of the Blind
of Florida, its assets shall be given to the National Federation of the
Blind of Florida to be held in trust for a reorganized Division.  In the
event that no Division is reorganized for a period of two (2) years from the
date this organization ceases to be a Division of the National Federation of
the Blind of Florida, the assets shall become the property of the National
Federation of the Blind of Florida.


Amend to:
 ARTICLE XI: DISSOLUTION
Reads:  In the event of the dissolution of this organization (for whatever
reason) it ceases to be an affiliate of the National Federation of the Blind
of Florida, its assets shall be given to the National Federation of the
Blind of Florida to be held in trust for a reorganized Division.  In the
event no division is organized within a period of two (2) years, fifty
percent (50%) of the funds shall become the property of the National
Federation of the Blind of Florida and fifty percent (50%) of the funds
shall become the property of the National Association of Guide Dog Users.


-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org]On
Behalf Of Tracy Carcione
Sent: Monday, August 31, 2009 11:12 AM
To: nagdu at nfbnet.org
Subject: [nagdu] Amending a constitution


NYAGDU is amending its constitution in a small way, but it brings up a
question, while I'm at rewriting.  An old amendment changes the name of
the division.  Should I change the name of the division throughout the
document, or just leave the original, with the amendment with the name
change at the bottom?  It was rather surprising to see the old name at the
top of the document, so I'm thinking I should change it to the new, but is
that right?
Another amendment changes the number of officers.  Should I change that in
the section dealing with officers, or leave it as an amendment at the
bottom?

Small things, I know, but I want it to be right.
Lawyers?  Secretaries?  What's the done thing?
Tracy



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