
SENIOR CENTER, INC.
Charlottesville, Virginia
BY-LAWS
Revised and approved by Board of Directors
May 23, 2005
ARTICLE I
Mission
Senior Center, Inc. involves, enriches, and empowers seniors in our
community.
ARTICLE II
Board of Directors
The conduct of the business of the
Center shall be vested in a Board of Directors, hereinafter called the Board,
which shall be constituted and governed by the following regulations:
- Number: The number of elected directors shall be
not less than fifteen (15), nor more than twenty four (24) voting. In
addition to the elected directors the immediate Past President shall
serve as an ex-officio member with full voting privileges, and there may
be one serving Emeritus member with full voting privileges appointed by
the Board President. The Board will include the President of the Senior
Center Council as a voting member.
- Composition: Any person whose primary purpose
for serving on the Board is an affinity for the Senior Center is eligible
for Board membership. A majority of Board members must be active members
of the Center.
- General Powers: The Board of Directors is
responsible for the exercise of all corporate powers.
- Nominations and Elections: A notice shall be
placed in the "Senior Center TIMES" four months prior to
election of new Directors, giving Center members the opportunity to
submit names of members or non-members to the Board Development Committee
for consideration of nomination to the Board of Directors. Prior to April
1, this committee shall submit a slate of nominees (each of whom has been
officially informed of the duties of Board members and has consented to
serve as a Director) for election to the Board for three-year terms
commencing April 1. The election of each Director shall be by majority
vote of the Board of Directors. A Director shall be eligible for re-election,
but no elected Director shall serve more than two successive three-year
terms. A person who served two successive terms must be off of the Board
for a minimum of two years before becoming eligible for re-election to a
new term.
- Vacancies: Vacancies on the Board shall be
filled from a list prepared by the Board Development committee and
approved by the board.
- Meetings:
- Regular: A minimum of six regular meetings of
the Board of Directors shall be scheduled annually by the Executive
Committee at the beginning of the year and held unless canceled by vote
of the Executive Committee. Each Director should be notified of the
date, time and location of each meeting at least six days prior thereto,
except in case (s) of emergency.
- Special Meetings: Special meetings may be
called by the President or by two other officers. Every effort should be
made to give notice of the date, time and location of each meeting at
least six days prior thereto. A conscientious effort must be exerted to
notify every Director a minimum of twenty-four hours prior to a Special
meeting. At Special meetings, no business shall be transacted other than
that specified in the notice of such meetings.
- Quorum: A majority of the number of voting
Directors fixed by these by-laws shall constitute a quorum for the
transaction of business.
- Missed Meetings: Should a Board member miss two
consecutive regular meetings or more than one-third of regular meetings
in a year without submitting an adequate explanation, he or she will be
contacted by the President for discussion of Board performance and, if
appropriate, asked to resign.
- Conflict of Interest: A Director is considered
to have a conflict of interest if the Director: has a personal interest
in a transaction; has a material financial interest in or is a general
partner of another entity which is a party to a transaction; or is a
director, officer, or trustee of another entity which is a party to a
transaction which is or should be considered by this corporation’s Board
of Directors. If a Director has a conflict of interest in a transaction,
the transaction may be affirmed by or on behalf of the corporation if:
the material facts of the transaction and the director’s interest are
known or disclosed to the Board of Directors or committee of directors acting
upon the transaction, and the transaction is approved by a majority of
the directors not having a personal interest in the transaction; or the
transaction is fair to the corporation.
- Removal: Any Director may be removed by a
majority vote of the Directors then in office at a regular meeting, or a
special meeting with not less than seven days written notice setting
forth that purpose.
ARTICLE III
Officers
- Election: The officers of the Board, enumerated in Article III, 5,
a-d, shall be elected by the Board of Directors prior to April 1 from a
slate submitted by the Board Development committee and from any
nominations made from the floor, provided in each instance that the
nominee has consented to actively perform the duties of the office. In the
case of more than one nominee for any office, the election shall proceed
by secret ballot.
- Terms: The length of each term of office shall be one year, from
April 1 through March 31 of the year following election. An officer may be
re-elected to serve up to three terms.
- Removal: Any officer may be removed at any time by a resolution
passed by a majority of the Board.
- Vacancies: The Board may fill any vacancies occurring among the
officers of the Center through use of the Board Development Committee or
through acceptance of nominations from the attending Board members. The
Board meeting announcement will advise that there will be the election of
officers at the next meeting.
- Duties: The officers of the Board shall have such duties as generally
pertain to their offices, as well as such powers and duties as may be
assigned to them by the Board or the President. By way of illustration and
not limitation, the officers set out below shall have the following
duties:
- President
- Serve as a member of and preside at all
meetings of the Board.
- Serve as a member of and preside at all
meetings of the Executive Committee.
- Be accountable for the presentation of the
Center's request for funding from important outside sources of revenue.
- Appoint Directors to all Standing and Special
Committees.
- Serve as an ex-officio member of all Standing
and Special Committees.
- Meet with the Executive Director and with other
staff members as necessary.
- Meet with the Personnel Committee to hold an
annual personnel evaluation review of the Executive Director on or
before September 30.
- Report (with financial statements and budget)
at the annual membership meeting of the Center.
- Keep the Executive Committee fully advised of
all actions concerning the Center and seek their comments and
recommendations.
- Perform all additional duties that may be
assigned by action of the Board.
- Vice-President:
The
Vice-President shall execute those duties assigned by the President including
representing the President at committee meetings and, in the temporary absence
of the President, execute the duties of that office. In the event of a
permanent vacancy in the office of President, the Vice- President shall assume
the duties of the Presidency for the period determined by the Board, which may
be for the remainder of the President’s term.
- Treasurer:
- Be bonded as approved by the Board.
- Oversee the care and custody of all funds,
assets, and securities of the Center. Periodically report on the
Center’s investments to the Board.
- Insure that the Center's bookkeeping practices
adhere to Generally Accepted Accounting Procedures.
- Present a financial statement of the Center at
each regular meeting of the Board and at such other times as the
President shall request, and annually obtain an audited financial
statement of the Center's operations for the prior fiscal year.
- Insure that detailed, accurate audit trail
documents are kept for all cash receipts and disbursements and that audit
trail documents for the current fiscal year are kept until completion of
the annual audit.
- Oversee the filing of all required forms and
reports to the government and sources of revenue.
- Work with the Finance Committee and others as
stated in Article IV, 2a in preparation of the Center’s annual budget.
- Secretary:
- Shall keep accurate minutes of the proceedings
at meetings of the Board and the Executive Committee.
- Submit those minutes at the following meeting
of the respective group for approval.
ARTICLE IV
Committees
- Appointment: The President shall appoint the Chairman and members
from the Board to each Standing and Special Committee of the Center. Each
committee once constituted may expand its membership to include persons
not members of the Board, with the approval of the President in
consultation with the Exeuctive Director. The President and Vice-President
shall be ex-officio members of each Standing and Special Committee.
Standing Committees must meet at least four times a year, and all
committees shall meet as frequently as necessary to carry out their
charge. All committees will report to the Board at least quarterly.
- Standing Committees: The following Standing Committees shall be
appointed each year and shall have the duties described below:
- Executive: The Executive Committee, serving at
the pleasure of the Board, shall consist of the following members of the
Board: the President, the Vice-President, the Treasurer, the Secretary,
and two Directors appointed by the President. The Committee, when the
Board of Directors is not in session and when emergency action, as
determined by the President or two other officers, is required, may
exercise all powers of the Board except to amend the Articles of
Incorporation or By-Laws. The Committee may make rules for the holding
and conduct of its meetings, the notice thereof required, and the keeping
of its records. The committee will be responsible to ensure that the
Center complies with the requirements of restricted donations. The
Committee will ensure that the mission and bylaws are reviewed annually.
The presence of a quorum of two-thirds members is required for the
Committee to transact business. The Committee shall keep minutes and
report its actions to the Board for approval and/or ratification at the
next regular meeting.
- Finance: The Finance Committee shall work with
the Treasurer, Executive Director, President, Vice-President, and the
Resource Development Committee to determine the source of operating
income and to prepare the annual budget of the Center for submission to
the Board for final approval. The Finance Committee shall provide to the
Treasurer information for the purpose of his or her advising the Board
regarding the financial policies of the Center. The Committee shall, in
coordination with staff, review the audit. All non-budgeted expenditures
over $1000 must be recommended by the Finance Committee to the Executive
Committee.
- Personnel: The Personnel Committee, in
consultation with the Executive Director, shall review the personnel
policies annually and recommend any amendments to the Board of Directors
for action. The Committee shall recommend to the Finance Committee
changes in salaries, insurance coverage, and other staff benefits. The
Committee is available to the Executive Director for consultation on
personnel issues.
- Board Development: The Board Development
Committee shall nominate candidates to stand for election to the Board or
to the Offices identified in Article III, 5a-d. The Committee shall
follow the directives stated in Article II, 3 and shall also serve when a
vacancy occurs on the Board or in an office and when requested by the
President. The Committee is responsible for Board self-evaluation and
orientation. The Board Development Committee shall include the President
of the Senior Center Council.
- Resource Development: The Resource Development
Committee is responsible, in cooperation with the Executive Director, for
creating and implementing plans for raising funds for both the annual
operating budget and the Endowment fund.
- Audit : The Audit Committee shall assist the
Board in its oversight of (i) the Center’s accounting and financial
reporting processes and the audit of the Center’s financial statements,
including the integrity of the Center’s financial statements and income
tax returns, (ii) the Center’s compliance with legal and regulatory
requirements, (iii) the independent auditor’s qualifications and
independence, and (iv) the performance of the Center’s accounting
function, independent auditors and financial reporting processes. The
Committee shall consist of at least three (3) members of the Board of
Directors, all of whom shall be "independent" of management and
not appointed as "Treasurer". The President of the Board of
Directors shall appoint the members and the Chairman of the Committee in
accordance with Corporate Guidelines of the Board and as defined in the
"Charter of the Audit Committee" appended to these By-Laws.
- Special Committees: Special Committees and their
Chairpersons may be appointed by the President to address specific
projects or issues. A Special Committee shall oversee the planning and
coordinating of such projects as assigned by the President.
ARTICLE V
Executive Director
- Appointment: The Executive Director shall be appointed by and be
responsible to the Board. The Executive Director serves at the pleasure of
the Board and may be terminated at will by the Board.
- Duties: The Executive Director shall be accountable for
implementation of the programs of the Center and for performance of the necessary
administrative functions which pertain to day-to-day operations.
- At each Regular meeting of the Board the
Executive Director shall report to the Board on the activities of the
Center. The Executive Director may choose particular Center members or
potential members for the receipt of financial assistance in the payment
of dues and/or program fees and shall administer such grants.
- The Executive Director may be asked to help in
identifying potential candidates for the Board.
- The Executive Director shall make
recommendations regarding insurance and safety needs to the Board.
- The Executive Director shall, in consultation
with the Personnel Committee, periodically review the compensation,
hours, and working conditions of the Center's staff and advise the Board
of any recommended changes. The Executive Director shall have overall
accountability for all employees of the Center and all volunteers.
- The Executive Director shall implement all
policies adopted by the Board.
- The Executive Director is responsible for
accurate records for the Center and shall submit to the Board in February
a written report on the condition of the membership and programs of the
Center. The Executive Director shall also present an annual report to the
membership each March.
ARTICLE VII
Amendments
These By-Laws may be amended or
repealed and new By-Laws adopted by the Board at any Regular meeting or at any
Special meeting called for such purpose, provided that notice of such a meeting
and a copy of the proposed amendments are sent to each Board member at least
ten days prior to the meeting.
ARTICLE VIII
Parliamentary Procedure
The conduct of meetings of the
Center shall be in accordance with the latest edition of Robert's Rules of
Order. The President may appoint a parliamentarian.
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