microsoft word - swajan of great lakes constitution -...

32
SWAJAN OF GREAT LAKES CONSTITUTION ARTICLE I -NAME The name of the organization shall be SWAJAN OF GREAT LAKES. Here-in and after it will also be referred to as the Organization. ARTICLE II - PURPOSE Swajan of Great Lakes is organized exclusively for cultural, religious, educational and charitable purposes. Swajan of Great Lakes shall remain as a nonprofit organization as defined by section 501 (c)(3) of the Internal Revenue Code of 1954. The Organization shall promote the ethnic culture of the Asian Indian Subcontinent, and especially those of Bengali origin through holding of assemblies and practice of cultural traditions and fundraising activities to promote cultural programs. ARTICLE III-BYLAWS The provisions of the Constitution shall be carried out In accordance with the Bylaws of Swajan of Great Lakes. The Bylaws shall include detailed practice of Swajan of Great Lakes’ constitutional concept. The Organization shall be governed by the Constitution as well as the bylaws In effect. In case of any conflicts between the statements of the constitution and the Bylaws, the provision of the Constitution shall prevail. ARTICLE IV - AMENDMENT An amendment to the Constitution can be initiated by the Governing Body, or by a joint petition signed by at least one-fifth of the General Body of Swajan of Great Lakes. The Governing Body shall send to all regular members of the Organization, within one month from the date of initiation: all amendment information, along with A proper General Body meeting notice. All amendments shall be acted upon in such General Body meetings, within two months from the dates of their respective initiations. In lieu of voting in General Body meeting, electronic voting may be exercised. Once logged in the voting area, abstinence from voting in a particular clause will constitute a vote in favor of that particular clause being amended Page 1 of 32

Upload: vonhi

Post on 30-Apr-2019

216 views

Category:

Documents


0 download

TRANSCRIPT

SWAJAN OF GREAT LAKES CONSTITUTION

ARTICLE I -NAME The name of the organization shall be SWAJAN OF GREAT LAKES. Here-in and after it will also be referred to as the Organization.

ARTICLE II - PURPOSE Swajan of Great Lakes is organized exclusively for cultural, religious, educational and charitable purposes. Swajan of Great Lakes shall remain as a nonprofit organization as defined by section 501 (c)(3) of the Internal Revenue Code of 1954. The Organization shall promote the ethnic culture of the Asian Indian Subcontinent, and especially those of Bengali origin through holding of assemblies and practice of cultural traditions and fundraising activities to promote cultural programs.

ARTICLE III-BYLAWS The provisions of the Constitution shall be carried out In accordance with the Bylaws of Swajan of Great Lakes. The Bylaws shall include detailed practice of Swajan of Great Lakes’ constitutional concept. The Organization shall be governed by the Constitution as well as the bylaws In effect. In case of any conflicts between the statements of the constitution and the Bylaws, the provision of the Constitution shall prevail.

ARTICLE IV - AMENDMENT An amendment to the Constitution can be initiated by the Governing Body, or by a joint petition signed by at least one-fifth of the General Body of Swajan of Great Lakes. The Governing Body shall send to all regular members of the Organization, within one month from the date of initiation: all amendment information, along with A proper General Body meeting notice. All amendments shall be acted upon in such General Body meetings, within two months from the dates of their respective initiations. In lieu of voting in General Body meeting, electronic voting may be exercised. Once logged in the voting area, abstinence from voting in a particular clause will constitute a vote in favor of that particular clause being amended

Acceptance of an amendment shall require two-thirds of the valid votes, cast by the Regular Members, during such general Body meetings, or in an electronic voting procedure, in favor of the proposed amendments. In order to amend one or more sections of the Constitution shall need over two-thirds of the General Body for a quorum.

Page 1 of 27

ARTICLE V - AREA All activities of Swajan of Great Lakes shall normally be performed in the greater metropolitan area of Detroit, Michigan, USA, unless otherwise decided by the General Body, or the Governing Body.

ARTICLE VI - FUNDS The funds of Swajan of Great Lakes shall be obtained by donations from its members, patrons, and supporters. In the event of Liquidation of the Organization, its entire assets, Including cash as well as other items shall be donated to a non-profit organization, properly approved by the Internal Revenue Service. The Governing Body shall be responsible for such disbursements.

ARTICLE VII - FISCAL YEAR The Fiscal Year of Swajan of Great Lakes shall begin on January 1st, of a calendar year, and end on December 31st of the following calendar year.

ARTICLE VIII - MEMBERSHIP Membership of Swajan of Great Lakes shall be open to all persons, who shall share the purpose of the Organization. The members shall be obliged to obey the Constitution and the Bylaws of the Organization. A Regular Member shall donate their membership dues and shall enjoy voting rights. Honorary membership may be offered for best Interest of Swajan of Great Lakes to certain distinguished Individuals, who shall possess no voting rights. All other types of membership shall be determined by the General Body or the Governing Body.

ARTICLE IX - MEETINGS The General Body meetings are held to discuss generic and specific issues of Interest to the Organization. An Annual General Body meeting shall be held in the month of January of each fiscal year. Additional General Body meetings shall be held as necessary. The governing body meetings are held to approve policies of Swajan of Great Lakes. Four Quarterly Governing Body meetings shall be held during each fiscal year. Additional Governing Body meetings shall be held as necessary. All meetings of a Board, or a Committee, or a Subcommittee shall be held to fulfill the requirements as well as obligations, of the particular Board, or the Committee, or the Subcommittee, throughout the entire fiscal year. Extra-Ordinary General Body meetings and Unusual Governing Body meetings may be held, when the Presidential group fails to call General Body or Governing Body meetings, requested by the appropriate members. All meeting proceedings shall follow the Robert’s Rule of Orders. All meeting shall be facilitated by a moderator and shall conform to the constitution and bylaws of the organization. All

Page 2 of 27

minutes of meeting shall be circulated.

ARTICLE X - ELECTION All Committees of the Governing Body shall be comprised of elected members. A General Election will be held during the Annual General Body meeting, to elect new members of the Governing Body, or within a month thereafter through an electronic voting process. A Mid-term Election may be held, to fill up the vacancies of the Governing Body, caused due to relocation of its members, or any other reasons. Normally, the Governing Body members shall elect the new members during the Mid-term Elections, unless otherwise decided by the Governing Body, or mandated by the General Body. Email voting or voting by proxy would be considered valid. Outcomes of all voting results will be published and circulated.

ARTICLE XI - GENERAL BODY The Regular Members of Swajan of Great Lakes shall constitute the General Body of the Organization. The General Body shall possess the highest authority. The decisions of the General Body shall be final. Decisions taken by the Governing Body, or any of its Boards, or Committees, or Subcommittees, shall be void if disapproved by the General Body.

ARTICLE XII - GOVERNING BODY The general administration and management of Swajan of Great Lakes shall be entrusted to its elected Governing Body.

The Governing Body shall be responsible for: overseeing the integrity of Swajan of Great

Lakes approving policies and procedures of the Organization, and Administering all of its activities. The Governing Body shall be formed by the following Boards The Board of Directors, (BOD) and The Board of Officers (BOO). The Board of Directors shall be responsible for:

Formulation and presentation of policies and procedures of the Organization. Maintain integrity of the Organization as well as protect Membership rights

The Board of Officers shall be the main wing of the Governing body. The Board shall be responsible for: Arranging all activities of the Organization throughout the entire fiscal year. Provide adequate support for conducting major tasks including elections, amendments of constitution, bylaws, policies and procedures

Page 3 of 27

The Subcommittees are appointed by the Governing Body, or any of its Boards, or Committees, to carry out a particular task, activity, or performance, during a fiscal year. The Subcommittees approved by the Governing Body shall be included in the Board of Officers. But, the members of the Subcommittees shall have no voting rights, in any of the Governing Body, or the Board of Officers meetings.

ARTICLE XIII – DISSOLUTION OF ASSETS

Upon dissolution of the organization, the remaining assets will be donated to other 501(c) (3) organizations.

ARTICLE XIV – CONFLICT OF INTEREST

The settlement of any purchase will be on the basis of evaluation. For placing any order on outside contractor, minimum three (3) bids from independent contractors are required for evaluation. The Board of Directors will select the most advantageous bid.

THE BYLAWS

SECTION 100 -CONSTITUTIONAL PRACTICE 101Bylaws of the Constitution of Swajan of Great Lakes shall provide details of constitutional

practices. All Bylaws shall be governed by the Constitution of the Organization. 102By the Election Process, the General Body authorizes and entrusts the Governing Body to

manage and administer the Organization per Constitution and Bylaws. The Governing Body is obliged to follow them using certain Policies and Procedures.

103The Governing Body shall maintain a Policies and Procedures Manual and update it from time to time. The Manual shall conform to the Constitution and Bylaws of Swajan. The Manual may include Policies and Procedures on Meeting, Conduct, Approval Process, Documentation, Report, Finance, Funding, Sponsorship, Fund Raising, Expense Disbursement, Fund Collection, Communication Logistics on Newsletters and Web Information, and others. The Manual shall be made available to the regular members in hard copy or electronic format.

104Updates of the Policies and Procedures Manual shall require Majority Vote in proper General Body Meetings or through electronic voting procedure.

105The Governing Body shall maintain an Organization Chart. The Chart shall indicate major

Page 4 of 27

functions and relation between various Boards, Committees and Groups of the Governing Body.

SECTION 200 -RATIFICATION 201 The resolutions adopted in the Governing Body, or any of its boards, committees, or

subcommittees meetings shall automatically be ratified and effective, unless objected to regular members.

210. RATIFICATION PROCEDURE 211. All resolutions of common interest of Swajan of Great Lakes, adopted in a Governing Body

meeting, or in the meetings of any one of its Boards, or Committees, or Subcommittees shall be communicated to the general membership by the Secretarial group.

212. Such resolutions shall be kept in abeyance if: a joint petition signed by at least one-sixth of the General Body, is sent to the

Presidential group, within one month from the date of communication of such resolution to the general membership, and

Specific reasons of reversing such a resolution are listed, in the petition.

213. The Presidential group shall call, arrange for, and preside over a General Body meeting, within two months from the date of receipt of such a petition.

214. The Issues shall be discussed in the General Body meeting, to act upon them. A simple majority of valid votes by eligible members shall adopt or reject the resolutions. The decision by the General Body shall be final.

215. An Extra-Ordinary meeting, or a petitioned Extra-Ordinary meeting may be initiated, by the regular members, when such situation arises.

SECTION 300 -AMENDMENT301. Amendments to the Bylaws are initiated to suit the needs of the Organization.

310. AMENDMENT PROCEDURE 311. An amendment to the Bylaws may be initiated by the Governing Body, or by a Joint petition

signed by at least one-fifth of the General Body of Swajan of Great Lakes, to the Presidential group. The Presidential group shall call, arrange for, and preside over a General Body meeting, to discuss, and resolve on the amendment Issues.

312. In order to amend one or more sections of the Bylaws, a General Body shall need over one-half of the General Body for a quorum.

313. Adoption of an amendment shall require valid votes, cast in favor of the amendment by more than three-fifths of the eligible members present in such a General Body meeting.

314. In lieu of voting in General Body meeting, electronic voting may be exercised, and number of members logging in to voting electronically will constitute the quorum of half of General Body (per 312).

Page 5 of 27

315. Once logged in the voting area, abstinence from voting in a particular clause will constitute a vote in favor of that particular clause being amended.

316. The same amendment procedure (311 to 315) will apply to any amendment and additions to the Policies and Procedures Manual

SECTION 400 -MEMBERSHIP 401. All activities of Swajan of Great Lakes shall be organized by its members.

410. TYPES OF MEMBERSHIP 411. Regular membership of Swajan of Great Lakes shall be open to all persons, interested in

Swajan of Great Lakes activities, and shall be of 18 years of age, or over. All children, under age 16, of the regular members shall automatically become children members.

412. Honorary membership of the Organization shall be limited to visiting dignitaries, artists, scientists and other distinguished persons. All honorary members shall be nominated by the General Body or the Governing Body.

413. All other types of membership shall be approved by the General Body, or the Governing Body.

Page 6 of 27

420. MEMBERSHIP DONATIONS 421. All regular members shall donate annual membership dues for the fiscal year.

422. The Governing Body shall establish the annual membership dues for regular members for each fiscal year for:

family members, single members, student-family members, and

Student-single members.

423. Honorary members shall not be required to donate membership dues.

424. Members shall donate event fees at Members rate. Members shall gain advantage on fees for all major events over the other types of members and Non-members, per Policies and Procedures

430. MEMBERSHIP FORMS 431. A membership form shall be completed for each regular member. The forms shall be

updated every fiscal year, on membership renewal. 432. The Audit Committee shall maintain copies of membership forms, along with the

membership roster. The Secretarial group shall maintain a second copy of each form. 433. Maintenance of membership forms for honorary members shall be optional. 434. All membership application forms shall be approved by the governing Body. All

membership form shall be accessible from the organization website

440. VOTING RIGHTS 441. All regular members of Swajan of Great Lakes shall be eligible to vote in all Election,

General Body, and Extra-Ordinary meetings of Swajan of Great Lakes. 442. Elected members of the Governing Body, or any of its Boards or Committees, shall be

eligible to vote in the appropriate meetings of the Body, or a. Board, or a Committee. 443. Honorary members shall not be eligible to vote on any issues of the Organization. Youth

and children members of regular members shall not be eligible to vote 444. Voting Rights shall be lost on loss of Membership

450. LOSS OF MEMBERSHIP 451. Membership may be lost or ceased due to several reasons. Membership Rights including

candidature for Governing Body Election shall remain cancelled during the ceased period. Lost Membership shall be due to Arrear, Suspension, Removal and Dismissal. Loss of Membership shall place the members in Lost Membership status.

452. Membership shall automatically be placed in Arrear for non-payment of membership fees. Arrears of Membership shall be reinstated within one month after payment of arrear dues.

Page 7 of 27

453. Membership may be placed in Suspension for a period of six months to twenty four months, when the member is engaged in any activity against the Constitution of Swajan. Suspension action can be initiated by a joint petition signed by at least one-fifth of Swajan Regular Members. Majority decision in a Governing Body Meeting, or by electronic voting of Governing Body, shall constitute such suspension process. Suspension of Membership may be reinstated by a Majority vote cast in favor of reinstatement at a Governing Body meeting after a minimum of six months suspension period. Reinstatement can also be approved by a majority vote in a General Body meeting or an electronic vote of the General Body.

454. Membership may be placed in Removal for a period of twenty four months to forty eight months, when the member is engaged in any activity detrimental to Swajan, as well as for gross misbehavior or major criminal activity. Refer to the section 2.1 and 2.2 of “The Policies and Procedures Manual” that regulates “Members Code of Conduct and Rights and Responsibilities.” Removal action can be initiated by a petition signed by at least one-fifth of its members. Removal process shall require two-thirds majority vote in a Governing Body Meeting, or by electronic voting of Governing Body. Removal of Membership may be reinstated by a two-thirds majority vote cast after a minimum of twenty four months removal period. Reinstatement can also be approved by a majority vote in a General Body meeting or an electronic vote of the General Body.

455. One or more Governing Body Members may be placed in Dismissal by a two-thirds majority vote in a Governing Body for a fiscal year, due to nonperformance of Duties and Obligations, and/or any gross misbehavior. Dismissal of Membership may be reinstated by a majority vote cast in favor of reinstatement, at a properly called General Body meeting after a minimum of six months. Electronic voting procedure can be used in lieu of meetings.

SECTION 500 -MEETINGS 501. Meeting shall be held to discuss specific and generic issues relating to the operation of

Swajan of Great Lakes. 502. The Quorum Requirements in a General Body, Governing Body, Board or Committee

Meeting shall be over half of the membership of the respective General Body, Governing Body, Board or Committee.

503. The General Body, Governing Body, Board or Committee Meetings will normally be face to face, where members shall physically be present in the meetings. In Certain cases, Governing Body may decide to allow virtual attendance, using communication and/or Electronic Media, including Telephones, teleconference, videoconference, and/or emails.

504. The Governing Body may allow absentee members to vote on a particular issue, proposal, Motion and/or Resolution; when such Issue, Proposal, Motion and/or Resolution has been communicated to all other valid Member of the meeting. In such a case the member shall indicate preference on a Proper form signed by the Member, or electronically do so if such provision exists. In Absentee Voting situations, the Absentee Members will be identified on voting status in favor or against the Issue, Proposal, Motion and/or Resolution.

505. The Audit committee shall be responsible for collecting, counting and presenting the results of votes on the specified issues, of the Governing Body, the General Body. Planning committee Members will witness the counting of votes, or in-case of electronic voting verify the results of data collected by electronic voting program matches with the result

Page 8 of 27

published by the Audit committee.

510. GENERAL BODY MEETINGS 511. An annual General Body meeting shall be held in January, of every fiscal year to: discuss generic and specific issues, and conduct the annual general election, where required per section 710

512. Other General Body meetings shall be held as necessary. 513. All General Body meetings shall be called and presided over by the Presidential group. If

the Presidential Group fails to perform duties, Governing Body shall appoint another member as Presiding Officer to conduct the General Body Meeting.

514. The Secretarial group shall take the meeting minutes. However, the Governing Body may assign another member to document Meeting Minutes, if the Secretarial Group fails to perform duties

515. A general Body meetings may be initiated by a joint petition to the Presidential group, signed by at least one-sixth of the General Body. The petition shall include specific issues to be discussed. The Presidential group shall send notice for a General Body meeting to all regular members of Swajan of Great Lakes, within one month from the date of receipt of such petition, and shall arrange to hold the meeting, within two months from the date of receipt of such petition.

516. A valid General Body meeting shall require a quorum. More than one-half of the General Body shall constitute such a quorum.

517. Adoption of a resolution, Proposal, Motion and/or Resolution, other than a Constitutional issue, shall require a simple majority of valid votes cast in favor of the resolution, in a valid General Body meeting, or by electronic voting. Issues on amendment of Swajan’s Bylaws and policies and procedures shall require three-fifths majority vote for adoption.

520. GOVERNING BODY MEETINGS 521. Four Quarterly Governing Body meetings shall be held in Jan, April, July, and October of

each fiscal year. Progress and activities of various Committees and Subcommittees shall be discussed. Generic or specific policy and procedures shall be discussed and adopted.

522. Other Governing Body meetings, and meetings of its Boards, Committees, or Subcommittees shall be held as necessary to fulfill the obligation, or to carryout required tasks, throughout the fiscal year.

523. All meetings of the Governing Body, the Board of Officers, and the Executive Committee shall be called and also presided over by the Presidential group.

524. The Secretarial group shall document the minutes of the Governing Body, the Board of Officers, and the Executive Committee meetings.

525. A Governing Body meeting may be initiated by a joint petition to the Presidential group, signed by more than one-half of its elected members. The Presidential group shall call, arrange, and preside over a Governing Body meeting within one month from the date of receipt of the petition.

Page 9 of 27

526. Meetings of all other Boards, or other Committees, or Subcommittees, shall be called by, presided by, and documented by an appropriate Principal member, or a Chair Person, or an appropriate designated member.

527. A valid Governing Body meeting shall require a quorum. Four-seventh of the Governing Body shall constitute such a quorum. A quorum for all other Boards or Committees shall be attained by two-third of the elected membership of the Board, or the Committee.

Page 10 of 27

528. Adoption of a resolution shall require a simple majority of valid votes cast in favor of the resolution, in a valid Governing Body meeting, or by electronic voting.

530. EXTRA-ORDINARY MEETINGS

531. An Extra-Ordinary meeting is held when the Presidential group fails to call a General Body meeting, petitioned by regular members.

532. An Extra-Ordinary meeting may be initiated by a joint petition, signed by at least one-third of the General Body, to the BOD. The Petition shall include specific issues and resolutions to be discussed in such a meeting.

533. The BOD shall call, arrange and preside over an Extra-Ordinary meeting, informing all members, within one month from date of receipt of the petition. The Audit Committee shall provide the valid membership list.

534. The BOD shall carefully document the adopted resolutions, and send them to all the regular members of Swajan of Great Lakes, including the Presidential group. This action shall automatically adopt a vote of no confidence against the Presidential group. The BOD shall arrange for a General Body meeting to elect new members of the Presidential group. 535. An Extra-Ordinary meeting may also be called by regular members, when the Presidential group as well as the BOD, fail to call a meeting petitioned by regular members. Such a meeting shall require:

a notice for such an Extra-Ordinary meeting, signed by more than one--half of the General Body on roll, at the time of the original petition to the presidential group, shall be sent to all eligible regular members, at least two weeks In advance of the meeting; and Lists of all issues and resolutions on the meeting notice, including the date, time and location of such a meeting.

536. A valid petitioned Extra-Ordinary meeting shall require a quorum, constituted by attendance of more than one-half of the General Body.

537. The petitioners shall elect a Presiding Officer for the meeting, to carefully list the adopted resolutions. Such action shall automatically adopt the vote of no confidence against the Presidential group, as well as the BOD. New members shall be elected to replace the removed members, in the same Extra-Ordinary meeting. The Presiding Officer, shall send the adopted resolutions, and the election results, along with the minutes of the meeting to all regular members.

538. All resolutions adopted in a valid petitioned Extra-Ordinary meeting shall be final.

540. UNUSUAL MEETINGS 541. An Unusual meeting is held when the Presidential group fails to call a Governing Body

meeting, requested by appropriate Governing Body members. 542. An Unusual meeting may be initiated by a joint petition, signed by at least one-third of the

Governing Body to the BOD. The Petition shall include specific issues and resolutions to be discussed in such a meeting.

543. The BOD shall call, arrange and preside over an unusual meeting, informing all members, within one month from date of receipt of the petition.

Page 11 of 27

544. The BOD shall carefully document the adopted resolutions, and send them to all the regular members of Swajan of Great Lakes, including the Presidential group. This action shall automatically adopt a vote of no confidence against the Presidential group. The BOD shall call, arrange, and preside over a General Body meeting to discuss and decide on the vote of no confidence. The decision of the General Body shall be final.

SECTION 600 -DUTIES AND OBLIGATIONS601. All members of Swajan of Great Lakes are obliged to maintain its dignity as well as

integrity.

602. The highest authority of Swajan is vested in the General Body. The members have moral obligation to perform lawful duties with credibility. The members are expected to execute their rights as well as authorities with proper responsibility, accountability and justice

610. DUTIES AND OBLIGATIONS OF REGULAR MEMBERS 611. All members shall abide by Swajan of Great Lakes Constitution and Bylaws. 612. The Regular members shall take part in discussions and voting In the General Body

meetings. They shall actively take part in the election process. 613. The regular members may:

• ask the BOD, to act upon problems, concerning Integrity of Swajan of Great Lakes; • inform the BOD, of all concern on membership rights; • suggest the Planning Committee, to review a Policy for best Interest of the Organization; • request the Audit Committee, to establish new procedures on accounting and record keeping; • Help the Executive Committee to arrange for a new, or an existing program, or activity, during a fiscal year.

620. DUTIES AND OBLIGATIONS OF THE GOVERNING BODY 621. The Governing Body shall: • Approve policies of Swajan of Great Lakes, and elect members during Midterm elections. • interpret Constitution, Bylaws, Policies and Procedures of Swajan • Safeguard all documentation of the Organization

622. The Planning Committee shall: • formulate plans and policies of Swajan of Great Lakes; • maintain the Constitution and the Bylaws of the Organization; • recommend affiliation to other organizations, on long term basis; and • Present proposals to the Governing Body and/or the General Body as necessary.

Page 12 of 27

• Be Responsible for preserving rights of the members of Swajan, call Extra-Ordinary and Unusual Meetings, when the presidential group fails to call required General Body or Governing Body meetings • Assist in planning of General and Midterm Elections and prepare all election documents and hand over the audit committee

Page 13 of 27

623. The Audit Committee shall: • audit all documents of Swajan of Great Lakes, Including financial, membership, and election documents, as well as the minutes of meetings; • establish procedures, and Insure proper method of implementation; • maintain roster of members; • be responsible for observing and Insuring proper election procedures; and • Recommend procedures for record keeping of all Swajan Documents. • Advice the Governing Body, its Boards, Committees, and Subcommittees and regular members as necessary; • Act as a mediator, when there are some disagreement and/or conflict between a regular member and a member or a committee or the Governing Body; • Be responsible of the suitable disposal of the assets of the Organization, in the event of Its liquidation, to certain nonprofit organization, properly approved by Internal Revenue Service

624. The Presidential group shall: • coordinate all activities of Swajan of Great Lakes; • Call all General Body. Governing Body, Board of Officers, and Executive Committee meetings; • handle all public relations; • nominate all Subcommittees, required to carry out tasks for the fiscal year; • interface with other organizations; • organize religious, ongoing cultural, educational, and charitable programs and activities; • arrange smooth transfer of all activities to the new Executive Committee; • deal with Governmental Bodies; • sign all contracts, and legal documents of Swajan of Great Lakes; • be responsible for membership drive; and • Be responsible to Insure effective accomplishment of all activities and tasks, for the fiscal year. • Take appropriate actions to keep the organization intact • Hand over authority when demanded by the Governing Body • Arrange for smooth transfer of activities, Documentations, Funds, Bank-authority, Inventories, Keys,

Page 14 of 27

Passwords, Web-authority of the fiscal year to the next Governing Body within a month of expiry of its elected term in office

625. The Secretarial group shall: • Communicate with the members through newsletters, flyers, telephone calls, personal contact, and other means; • Maintain membership information, and provide quarterly report to audit and planning committees, or whenever requested. • keep minutes of meetings, • obtain progress reports from other Committees and Subcommittees; and • Prepare, publish, and maintain all activity reports and other documents. • Present Secretarial Reports in the Annual General Body Meeting and to the Governing Body when requested. • Hand over all Secretarial Reports, Databases, Address Books, Membership Information, Electronic Media Information, Meeting Minutes and all other Documentations to the Next Governing Body within a month of the end of the fiscal year.

626. The Treasury group shall: • handle all financial transactions; • maintain all accounting documents • collect all dues and donations and record them properly • prepare and publish financial reports; • maintain inventory of all assets and other Items of the Organization; • suggest on charitable contributions; • prepare budget for the fiscal year; and • File necessary tax returns for IRS requirements. 629. • Present Treasury Report in the Annual General Body Meeting and to the Governing Body when requested • Hand over all Treasury Reports, Financial Data Bases, Complete Revenue and Expense Information, Event and Fund Financial Information, Bank Information, Investment Information, and all other Documentations to the Next Governing Body within a month of the end of the fiscal year. 627. The Food and Hospitality group shall: • handle all food related arrangements• maintain food related inventory list • buy food related paper products • prepare menu and help to finalize the deal with food vendors for each event • arrange volunteers for hospitality and food distribution

628. A Subcommittee shall: Page 15 of 27

• carry out the activities or tasks, for which it is formed; • report to the Governing Body on all activities and tasks; • Present results of the tasks or activities to the General Body as necessary.

SECTION 700 -ELECTION 701. All Committee members of the Governing Body shall be elected. The Audit committee shall

be responsible of conducting the election process. The planning committee will help with the planning of the election process. Audit committee may decide to get help from other members of the Governing Body.

702. As a part of the election Process, the candidates for the Governing Body Members shall be Nominated and Seconded by regular members, termed as nominator Teams. Eligibility for such candidature is limited to regular members, termed as Nominees. To encourage more participation in the governing body the Audit committee should enforce the desired rule that is one member per family can serve the governing body on any given year. However in unforeseen circumstances the governing body, responsible for conducting the election, can make an exception of this rule to smoothly run the organization. Members with lost membership status are disqualified to be a Nominator and or a Nominee. Candidacy of those persons shall be void.

703.A nominator may nominate only one nominee for each open position of the Governing Body. Each nominee shall accept the nomination by signing the nomination form document. A nominee may accept candidacy for one open position only.

704. Candidates for Governing Body Positions shall agree to abide by the Constitution, Bylaws, Policies and Procedures

710. GENERAL ELECTION 711. An annual general election of the Board of Directors and Officers (BOD & BOO) shall be

held during the annual General Body meeting, every fiscal year, for eligible positions that are up for elections during that fiscal year.

a) BOD and BOO shall be normally elected for two fiscal years. Principal members of each committee will retire each year. The senior member will take over responsibility of the appropriate principal member, and new members will be normally elected to become the senior member. Principal member is barred from running for office in same committee/group, unless no other candidate is interested in the senior member position.

b) President and Vice President form the Presidential group. President will retire each year. The Vice President will take over responsibility of the President, and a new Vice President will be normally elected. If Vice President cannot take on the responsibility of the President then President and Vice President will be normally elected. President is disallowed from running for a consecutive second term in the Presidential group.

d) The first general election will be held two years after registration of Swajan for reasons of stability of a new organization.

712. The -Audit Committee shall be responsible for conducting the election process. The -Audit Committee may nominate an Election Subcommittee to conduct the election. The General

Page 16 of 27

Election process should be completed and the new BOD and BOO elected by March 1 of each year.

713. The -Audit Committee or the Election Subcommittee shall send nomination papers to all regular members of Swajan of Great Lakes:

nominate all members of the – Governing Body and all Committees and subcommittees Nominate new members to replace the outgoing members of, the Planning, and the Audit Committees.

714. All nominations shall be proposed and seconded by regular members. A regular member may propose only one nominee for each vacant positions of the Governing Body. The nominees shall accept the nomination by signing the nomination document. A nominee may accept one position only. The nomination papers shall be returned to the BOD or the Election Subcommittee.715. In case the nominations for all vacant positions of the Governing Body are not received by the allotted time, the Executive Committee shall prepare a list of all remaining vacant positions. The Executive Committee shall contact general members, and shall nominate the remaining vacant positions of the Governing Body. The BOD shall prepare a list of nominated candidates. This list shall be made available to all regular members, on request.

716. In the event, nominations for all vacant positions of the Governing Body, are not received by the BOD, or the Election Subcommittee, then Floor nominations shall be accepted, on the day of election to fill the vacancies, prior to starting of voting process. No nomination shall be accepted after starting of the voting process, or declaration of elected candidates.

717. A notice for General Election, along with the Annual General Body meeting shall be served to all regular members of Swajan of Great Lakes, by the Presidential group, at least one month before the Election meeting.

718. General Election shall be held by confidential ballot votes The BOD, or the Election Subcommittee shall conduct the election process. The Audit Committee shall be responsible for observing, and insuring the proper procedure being followed during the election. The Audit Committee may nominate an Observance Subcommittee to insure proper election procedure. The BOD or the Election Subcommittee shall announce the results of the Election in the same meeting.

719. Electronic voting procedure will be permissible in lieu of paper ballot voting procedure (see P&P Manual

720. MIDTERM ELECTION 721. Midterm elections may be held during a fiscal year to fill the vacancies of the Governing

Body, caused due to relocation of its members, or any other reasons. 722. Midterm elections shall normally be carried out by the Governing Body. 723. Midterm elections shall be held in a General Body meeting when such request comes

either from at least one-half of the Governing Body, or at least one-fifth of the General Body. In such cases General election procedure shall be followed for the Midterm election.

724. Electronic voting procedure will be permissible in lieu of paper ballot voting procedure (see P&P Manual

Page 17 of 27

SECTION 800 -RECALL 801. The term Recall is used for removal of one or more members of the Governing Body.

810. RECALL PROCEDURE 811. A recall procedure is initiated by the General Body, in order to remove an elected

Governing Body member, or a Committee, or a Board, or the entire Governing Body. 812. A motion for a recall may be initiated, by a joint petition signed by at least one-fourth of

the General Body, to the Presidential group. The Presidential group shall call, arrange, and preside over a General Body meeting, to discuss, and resolve the Issues of such recall. Approval of resolutions on recall issues shall require at least two-thirds majority votes, cast in favor of the recall issues, by the eligible members, present in a valid General Body meeting. Decision taken in a valid meeting on a recall issue

Page 18 of 27

shall be final. Results of a recall issue shall be communicated to the General Body by the Secretarial

group. 813. Recall against any member of the Presidential group shall be submitted to the BOD. The

BOD shall call, arrange for, and preside over an Extra-Ordinary meeting to discuss and resolve on the issues of the recall.

814. Recall against the entire Governing Body, may be initiated by initiating a petitioned Extra-Ordinary meeting.

SECTION 900 – GOVERNING BODY 901. The Elected Governing Body shall carry out the general Administration, Management and

Operation of Swajan. The governing body will comprise of Committees and Groups 902. The elected members of the Governing Body, including the boards, Committees and

Groups shall be responsible and accountable for all operations per the Bylaws of Swajan. All Elected Individual Members are responsible and accountable to the Governing Body.

903. All Boards and their Committees and Groups are responsible for handling over Authorities as well as Documentations to the next Boards and Committees at the end of the Term. The Board(s) and/or Committee(s) shall handover Authorities and Documentations to the Governing Body on Demands and/or Requests.

904. The Governing Body shall approve all Policies and Procedure for Operation of the Organization, as required by Constitution and Bylaws.

910 THE BOARD OF DIRECTORS 911. The Board of Directors shall comprise:

the Planning Committee, and the Audit Committee

912.The Planning Committee shall be responsible for: Formulation of plans and policies of Swajan of Great Lakes.

913.The Planning Committee shall consist of: a Principal Planner, Senior Planner914.The Audit Committee shall be responsible for:

Establishing, as well as auditing all procedures and documents of Swajan of Great Lakes.

915.The Audit Committee shall consist of: a Principal Auditor, a Senior Auditor

916.The Board of Directors shall be in continuous existence. Each member of the Board shall be elected normally for:

Page 19 of 27

two fiscal years, with: the principal members of the Planning, and the Audit Committees shall normally retire at the end of each fiscal year, the senior members shall normally take over the responsibility of the appropriate principal members, New members shall normally be elected to become the senior members of the Planning and the Audit Committees.

920 THE BOARD OF OFFICERS

921. The Board of Officers shall be comprised of the Executive Committee, and the Subcommittees, as approved by the Governing Body. arranging all programs and performances throughout the entire fiscal year.

922. The Executive Committee shall be divided into the three (Should be five) groups: the Presidential group, the Secretarial group, the Treasury group. the Cultural group The Food and Hospitality Group

923. The Presidential Committee shall be responsible for: all coordination and public affairs activities of the Organization.

The Presidential group shall consist of: a President, a Vice President,

924. The Secretarial group shall be responsible for: all communication and record keeping activities of the organization for the fiscal year

925. The Secretarial group shall consist of: a Prime Secretary, a Joint Secretary.

Page 20 of 27

926. The Treasury group shall be responsible for: all financial transactions and associated accountings of the Organization.

927. The Treasury group shall consist of: a Chief Treasurer, an Associate Treasurer,

928. The Cultural group will be responsible for: all cultural events and events and programs throughout the fiscal year 929. The Cultural group shall consist of: a Cultural Secretary an Associate Cultural Secretary

930. The Food and Hospitality group will be responsible for: all Hospitality and Food arrangement throughout the fiscal year for all Swajan events 931. The Food and Hospitality group shall consist of: a Food and Hospitality Secretary an Associate Food and Hospitality Secretary

THE POLICIES AND PROCEDURES MANUAL

1. ANNUAL BUDGET AND AUDIT PROCEDURES :

1.1. Budget Forecast : 1.1.1. Each fiscal year is broken into four quarters. Budget forecast for a specific year will

be broken up into 2 forecasts -March forecast (completed by 31 March -Q1) and June forecast (completed by 30 June -Q2). Each forecast will consist of the following items :

1.1.1.1. Gross spending by event and by committee for fiscal year (spending by quarters) 1.1.1.2. Recoveries by event for fiscal year (recoveries by quarters) 1.1.1.3. Net spending or recovery for fiscal year (Non-Profit Organization)

1.1.2. The responsibility of putting the budget together will be of the Treasury Group. 1.1.3. The allocation of budget for each committee will be handled by the Treasury

Group with approval from the Presidential Group. Page 21 of 27

1.1.4. The Audit committee will be responsible for observing and ensuring proper procedures are followed for budget allocation and are in compliance to forecast guidelines.

1.2. Budget Spending Annual Audit : 1.2.1. At the end of each fiscal year (Dec 30th) the Treasury Group will provide all

details and documents to Audit Committee for budget spending for that fiscal year.

1.2.2. This will include a balance sheet showing forecast spending vs. actual spending and forecast recoveries vs. actual recoveries.

1.2.3. All receipts and supporting documents for justifying spending will be included as part of the audit.

1.3. Inventory Management and Audit : 1.3.1. All inventory associated as SWAJAN property preferably should be located in offsite

storage/ warehouse location. 1.3.2. Each inventory must have a serial tag describing model, make and cost of

inventory. A list of inventory will be maintained by Treasury Committee.

1.3.3. Twice a year (end of 2nd and 4th Quarters) onsite audits will be conducted by the Audit committee to check/ update/ delete inventory list.

2. MEMBERS CODE OF CONDUCT AND RIGHTS AND RESPONSIBILITIES: 2.1. Code of Conduct:

2.1.1. Regardless of differences of opinion of contestants running for election, once an officer is elected to office, he will run the affairs of the organization in an un-biased, democratic basis.

2.1.2. Similarly, regardless of differences of opinion of contestants running for election, once an officer is elected to office, all members will provide full support and cooperate with various activities lead by the officer during his tenure in the organization.

2.1.3. No member shall try to dissolve or split the organization by forming special interest groups within the organization. Dissolution or Spilt of the organization will require a super-majority vote of 3/4 all members of the organization.

2.1.4 In the event of any grievances, the member(s) should attempt to resolve the matter internally by following the procedures outlined in the section 613 under the section 600 “DUTIES AND OBLIGATIONS.” If all measures fail, the concerned member(s) shall attempt to settle the dispute by a neutral arbitrator. All expenses

Page 22 of 27

related to arbitration should be borne by the concerned member(s).

2.2. Rights and responsibilities; In a non-profit organization setting, there are certain rights and responsibilities that are significant. They include:

2.2.1. The Right to: 2.2.1.1. Express responsible views and personal opinions or protest in a manner that

does not interfere with the rights of others or the orderly operation of the organization.

2.2.1.2. Practice freedom of speech, freedom of press and freedom of expression of ideas

2.2.1.3. Participate or refrain from participating in activities of the organization. 2.2.1.4. When participating or organizing any activities do so without discrimination

on any basis.

2.2.2. The Responsibility to: 2.2.2.1. Recognize the rights of others to hold different viewpoints tolerate the

opinions of others and dissent in an orderly, respectful manner. 2.2.2.2. Refrain from libel, slander, obscenity or personal attacks, in verbal or

written expression 2.2.2.3. Foster positive human relations and demonstrate courtesy, tolerance and

respect when dealing with others 2.2.2.4. Refrain from taking any action that is detrimental to the organization or

disruptive to any organization’s programs, including all cultural, fundraising and social activities

3. GENERAL BODY AND GOVERNING BODY MEETINGS – PROCEDURE AND DECORUM

3.1. Decision making Process:

3.1.1. Where possible decisions should be made by consensus rather than by voting, since:

• Voting tends to polarize issues • Results of consensus engender more commitment

Page 23 of 27

• Better interpersonal relationships result (though sometimes with difficulty) 3.1.2. Consensus involves reshaping the decision until it meets everyone's approval.

Consensus building requires that following be the in place prior to the meeting: • Wide sharing of information • Careful planning -trust in one another • Discipline and patience

3.1.3. In order to facilitate this process of consensus building during the meeting, a moderator will be present to preside over all general body meetings and for all governing body meeting of Swajan where the numbers of members present in the meeting exceed seven (7).

3.1.4. Individuals are always free not to, but it is encouraged that everyone moderate at least one session during their term on any of the Swajan committees.

3.1.5. The president will have the power to choose a moderator the particular meeting.

3.1.6. The moderator needs to prepare himself prior to the meeting on all issues to be discussed and may want to have his pre-meeting with key members, if deemed necessary.

3.2. Responsibilities of the Executives in Meetings:

3.2.1. All meetings should start with a welcome address from the president, followed by brief narration by the Secretary of activities held by organization since last meeting, followed by brief summary by the treasurer of the membership counts and state of finances of the organization.

3.2.2. Thereafter, the meeting will handled over to the moderator to facilitate discussion of the issues at hand, for which the meeting was called

3.3. Responsibilities of the Moderator of Meetings: 3.3.1. The moderator needs to initiate the meeting and state the background information

for each issue before opening it up for discussions. Prior to the discussions: 3.3.1.1. Clearly state the issue 3.3.1.2. Provide the background

3.3.2. During the discussions: 3.3.2.1. Broaden range of solutions by inviting opinions from all. 3.3.2.2. Narrow down the alternatives. 3.3.2.3. Try to agree on the best course of action to be taken 3.3.2.4. The moderator need to keep a list of the topics to be discussed in the meeting

and a keep running list of waiting speakers, and should know who has been heard and who needs to be heard and give fair opportunity to all speakers.

3.3.2.5. The moderator, is not a spectator or direct participant, nor is she/he a dictator. While in this role he needs to be impartial and fair but lead the group through the list of topics to be discussed in the meeting and keep the process moving along smoothly.

3.3.2.6. The needs to aware of the needs of the group. If people are tired or stressed out, encourage a short break. If people are hyper and rowdy, the moderator should not be afraid to assert himself and take a little more control than usual.

Page 24 of 27

3.4. Responsibilities of Participants in Meetings:

3.4.1. All participants need to request permission from Moderator to speak. 3.4.2. Moderator can revoke and grant permissions and can also request opinions of

participants that have not formally requested permission to speak in order to draw out opinions of all participants

3.4.3. If any person or persons, shall by noise, tumult, quarreling disturb such meeting, or prevent meeting from proceeding in an orderly and peaceable manner, after the moderator has commanded silence, then they shall forfeit the liberty of speak at the meeting in general or during the duration of the discussion of the issue or clause at hand.

4. ELECTRONIC/WEB BASED VOTING PROCEDURES:

4.1. Voting Procedures for particular issue(s), proposal(s), Motion(s) and/or Resolution(s)

4.1.1. Where consensus is arrived at on an issue during a meeting, no voting will take place. 4.1.2. Consensus is not applicable (or practical) in every situation. In these cases or

when full consensus is not achieved as a result of a meeting, then the list of alternative derived from investigation of the issue at hand, or as narrowed down from list of alternatives established from meetings will be circulated to membership for a “time limited electronic” voting procedure.

4.1.3. Background information, range of alternatives and their benefits and cost should be provide along with (Binary choice/Ranking) selection options in the secret electronic voting form for deliberation for each adult registered member of the general body or governing body (as the case may be). Only registered members in Swajan web site will comprise of the General or Governing Body for voting quorum purposes.

4.1.4. Registered members would need to log in with their password and a link to log into the Swajan voting area to cast their votes on issues at hand within the prescribed voting period intimated by email from the Moderator of a particular meeting or President.

4.1.5. Registered Member(s) that DO NOT login and use the link to enter the voting area of website to vote within the prescribed voting period will be considered as “absent” from voting. Their votes will not be counted

4.1.6. Registered Member(s) that DO login and use the link to enter the voting area of website to vote within the prescribed voting period but does not vote on some or any of the clauses, motions, resolutions, proposals enlisted will be considered to have voted in favor of the default choice for those clauses, motions, resolutions, proposals enlisted in the voting event.

4.1.7. Results of the vote statistics of each issue/clause voted are to be published upon expiration of the voting time period without any details of how individuals voted on each issue/clause being voted upon, unless such individual voting details are petitioned to be revealed by at least 1/5 of all members.

4.1.8. Results of the vote shall be abided to by all the members should fully provide their support behind the decision of the vote, regardless of their registration

Page 25 of 27

status, voting status, or their opinion(s) on the issue(s) prior to the vote.

4.2. Voting Procedures for Elections of Officials: 4.2.1. Voting will take place in a two step Process – namely the Nomination Process

followed by the Election Process.

4.2.2. Nomination Process:

4.2.3. Election Process: 4.2.3.1. Audit Committee will publish the names of electoral candidates at the end of

the Nomination process and will request resumes, portfolio of other relevant election declaration by the candidate of what the candidates have done for Swajan in the past and what they plan to do in future, once elected to office

4.2.3.2. All electoral candidates’ resume, portfolio and other relevant details will be available online to Swajan members to view for purposes of helping them cast their vote.

4.2.3.3. Electronic poll will be open for a limited time only. Within the stipulated time, members will login with their credentials to the online poll, choose their candidate

for each position and submit their vote. 4.2.3.4. Electronic poll will not present any default candidate selection. Each vote will

Page 26 of 27

4.2.2.1. Voting will take place when there is more than one nomination for a vacant position.

4.2.2.2. Only Swajan registered member can be nominated for a vacant position.

4.2.2.3. Swajan registered member can nominate another Swajan registered member for a vacant position. Each registered member can nominate number of candidates but only one candidate for each open position. Each nomination ought to be signed and accepted by the candidate and seconded by at least one other registered member, electronically.

4.2.2.4. Self-nomination is valid if seconded by at least two other registered members, electronically

4.2.2.5. Nomination form will be available online. Initiated nomination form can be accessed by nominee, nominating member and seconding member(s) only. Once submitted, nomination form can be accessed by nominee and election supervising officers only.

4.2.2.6. Nomination can be withdrawn electronically by the nominee only. No withdrawal will be accepted within 10 days from the starting day of election.

4.2.2.7. Once nominees meet the requirements of being seconded by a other members (per 4.2.3 or 4.2.4) they become electoral candidates

4.2.2.8. Audit Committee will oversee the nomination process, witnessed by the Planning Committee

have to comprise of selection of a candidate for each position. Partially cast vote will not be counted.

4.2.3.5. No quorum rules apply – winners will be based on majority of valid votes cast in the election process

4.2.3.6. Results of the vote are to be published upon expiration of the voting time period without any details of how individuals voted unless such individual voting details are petitioned to be revealed by at least 1/5 of all members.

4.2.3.7. Results of the vote shall be abided to by all the members who should fully provide their support behind the decision of the vote, regardless of their choice of preferred candidate(s) prior to the vote.

4.2.3.8. Audit Committee will oversee the election process, witnessed by the Planning Committee

Page 27 of 27