Constitution and By-Laws
CONSTITUTION
ARTICLE I – Name
The name of the corporation shall be The Adoptive and Foster Parent Association of Georgia, Inc. (AFPAG), often referred to in this Constitution as “the Association.”
ARTICLE II – Purposes
The purposes for which the association is formed are:
ARTICLE III – Nature of the Association
SECTION 1. The Association shall be incorporated, self-governing, non-profit, non-partisan, and non-sectarian and shall not discriminate against any person on the grounds of sex, race, creed, religion, or national origin. The Association shall solicit and collect funds for the fulfillment and furtherance of the Constitution and Bylaws.
SECTION 2. The Association shall not engage in any activities or exercises that are contrary to the law or the primary purposes for which this Association was formed. In no event shall such activities violate the laws or provisions of the Internal Revenue Code, section 501(c)(3) or
509(a) (2), which allows this body its tax-exempt status.
SECTION 3. In the event of the dissolution of the Association, all assets and holdings will be disposed of under the provisions of the governing Internal Revenue Code Section 501(c) (3).
ARTICLE IV – Qualifications of Members
Membership shall consist of such class or classes with such qualifications, rights, and obligations as shall be set forth in the Bylaws of the Association.
ARTICLE V – Board of Directors, Officers
The Officers shall consist of the President, Vice President, Secretary, and Treasurer. The Executive Board shall consist of the President, Vice President, Secretary, Treasurer, Immediate Past President, and Senior Regional Vice President. The Board of Directors shall consist of the Executive Board and the Regional Vice Presidents, Committee Chairpersons, and the State Liaison. The duties of the Board of Directors shall be as set forth in the Bylaws of the Association.
ARTICLE VI – Meetings
Meetings shall be held at the call of the Board of Directors or as set forth in the Bylaws of the Association.
ARTICLE VII – Amendments
The Constitution and Bylaws may be amended by the membership. The Constitution and Bylaws Committee will conduct an annual review of the Constitution and Bylaws to ensure that they remain accurate and current to serve the needs of Georgia’s children. If changes are deemed necessary, the committee will report needed changes to the Board of Directors for approval. Once changes are approved by a two-thirds majority of the Board, the revised Constitution and/or Bylaws will be presented for approval at the annual business meeting of the Association at the Annual Conference. Passage of changes to the Constitution or Bylaws requires a two-thirds majority of the votes of those present at the annual meeting.
Typically, the Constitution and Bylaws will not be submitted for changes more than once per year. The results of any changes will be published in the next issue of the official publication of AFPAG or the Association website.
BYLAWS
ARTICLE I – Name
The name of the Association shall be The Adoptive and Foster Parent Association of Georgia, Inc. (AFPAG), often referred to in these bylaws as “the Association.” The Association shall be self-governing, non-profit, non-partisan, and non-sectarian and shall not discriminate against any person on the basis of sex, race, creed, religion, or national origin. The Association shall solicit and receive funds for the accomplishment and furtherance of these bylaws. The Association shall not engage in any activities or exercise any powers that are contrary to the law or to the primary purposes for which this Association was formed, nor shall it violate any provisions of the Internal Revenue Service.
ARTICLE II – Membership
SECTION 1: Types of Membership
SECTION 2: Dues
Dues shall be set by the Board of Directors at its discretion. Regular members must pay dues annually to remain in good standing.
SECTION 3: Membership Year
The membership year shall be from the Annual Conference of one year to the Annual Conference of the next year, comprising 12 months.
ARTICLE III – Officers and Duties
SECTION 1: Board of Directors, Officers
The Officers and Board of Directors of the Association shall be as set forth in the Constitution of the Association.
SECTION 2: Structure
The Association shall be structured to work effectively with the Division of Family and Children’s Services and other organizations that provide support for adoptive and foster parents and the children in their care.
SECTION 3: Duties of the Officers
Each officer shall be a member in good standing at the time of election and for the duration of his/her term in office. Each officer shall serve as a member of the board of directors and attend all regular, special, and called meetings of the board, as well as the general membership annual convention. When his or her term of office ends, each outgoing officer shall forward the records of all activities while in office to the incoming officer within ten (10) days of the last day of his/her term.
SECTION 4: Election, Terms of Office and Replacement
The election of President, Executive Vice President, Secretary, and Treasurer shall be by ballot of the total state membership. Any candidate for President must be a current member of the board of directors of the Adoptive and Foster Parent Association of Georgia who has also served on the Board for a period of three (3) years.
The Regional Vice Presidents shall be elected by the ballot of the membership of their respective regions only.
Elections and voting will be held at the Association’s annual conference. All tabulation will be conducted on Election Day.
The results will be published in the next issue of the official AFPAG publication or on the Association website.
Where there is no opposition, the board may determine to elect by acclamation the sole candidate for an office at the business meeting of the annual association. This election by acclamation will be recorded in the minutes of the business meeting and considered the official vote of election for this candidate.
The election of President, Executive Vice President, Secretary, and Treasurer shall be by ballot of the total state membership. Any candidate for President must be a current member of the board of directors of the Adoptive and Foster Parent Association of Georgia who has also served on the Board for a period of three (3) years.
The Regional Vice Presidents shall be elected by the ballot of the membership of their respective regions only.
Elections and voting will be held at the Association’s annual conference. All tabulation will be conducted on Election Day.
The results will be published in the next issue of the official AFPAG publication or on the Association website.
Where there is no opposition, the board may determine to elect by acclamation the sole candidate for an office at the business meeting of the annual association. This election by acclamation will be recorded in the minutes of the business meeting and considered the official vote of election for this candidate.
A full term of office by all officers shall constitute three (3) years.
Elected officers shall assume their duties on May 1st of the year elected, unless elected by acclamation. In the event an officer is elected by acclamation, he/she shall complete the remaining three (3) year term of office for that position. An officer who has served more than half of a term shall be considered to have served one term. No officer shall serve more than two (2) consecutive terms in the same office. All board members must be in good standing with their local DFCS and AFPAG.
Upon vacancy of an office during the term, the Nominating Committee shall be notified to seek a replacement. A replacement nomination from the Nominating Committee shall be submitted to the board for election.
The President shall also have the authority to appoint a member to fill a vacant board position with the concurrence of the board.
ARTICLE IV – Board of Directors and Committees
SECTION 1: Structure
The governing authority of the Association shall be vested in the Board of Directors, which shall be responsible for the management and property of the Association. The Board of Directors shall consist of the following:
An executive board shall consist of the following officers: President, Executive Vice President, Secretary, Treasurer, Immediate Past President, and Senior Regional Vice President.
SECTION 2: Standing Committees
Standing Committees shall have a chairperson appointed by the President. The only exception from this procedure is the Finance Committee, whose chairperson shall be the Treasurer. The chairperson of each committee shall be responsible for selecting other members of that committee. When a chair is vacant, the President and/or Executive Vice President shall have the authority to direct the work of a committee until such time as a chairperson is appointed.
Standing committees may be created, changed or dissolved by common consent of the Board of Directors.
SECTION 3: AD HOC Committees
Any appointed committee shall report their actions or decision(s) to the Board of Directors and will disband themselves after the final report is accepted by the Board. If, after a period of six (6) months, no action has been taken or a report filed by an appointed committee, the committee will be disbanded.
SECTION 4: Meetings
The Board of Directors shall hold one general membership meeting per year at the annual state conference. Other meetings may be held when scheduled with the agreement of the majority of the Board of Directors. The President shall forward a proposed agenda for the upcoming meeting to all board members. A proposed agenda shall suffice as a written notice and shall be e-mailed to each board member not less than thirty (30) days prior to the board meetings. The place and time of the next meeting of the Board of Directors shall be established prior to the adjournment of the current meeting. The president or secretary shall be notified of any intended absences. Failure to provide notice of two (2) consecutive absences at a board meeting will result in the termination of the board member.
Because the quarterly meetings are essential to the vital work of the Association, members of the Board of Directors are urged to attend all meetings unless excused by the President. Members of the board should notify the President and/or the Secretary of the Association at least twenty-four (24) hours in advance if they are not able to attend. Board members who miss two (2) consecutive meetings will be terminated.
SECTION 5: Transacting Business
The Board of Directors may transact business by paper mail, electronic mail, or conference call on proposed resolutions sent to them by the Secretary. If, within thirty (30) days, a simple majority of the returned votes are in favor of the resolutions, then the resolutions shall be deemed approved by the Board. Otherwise, they will fail.
SECTION 6: Audit
An independent audit of the Treasury records shall be performed at the end of each membership year. The auditor shall be selected by a simple majority vote of the Board of Directors. The auditor shall be instructed to direct the audit results to the President.
SECTION 7: Duties
The members of the Board of Directors share common duties with regard to the Association:
ARTICLE V – Association Meetings
SECTION 1: The membership of this Association shall meet once a year at the AFPAG Annual Conference.
SECTION 2: Additional meetings may be called as needed by agreement of the majority of the Board of Directors.
SECTION 3: Notice of meetings and proposed agenda to include place, time, and date shall be sent to membership by the President at least thirty (30) days prior to the meeting.
SECTION 4: All meetings shall be conducted according to the most recent version of Roberts Rules of Order.
SECTION 5: A quorum shall consist of ten (10) board members present at a board of directors meeting.
SECTION 6: The annual AFPAG conference shall be announced through the official publication of AFPAG or through the Association website.
ARTICLE VI – Officer Recall
When at least half of the Board of Directors perceives an officer to be unable to fulfill the duties and obligations of office as outlined in the appropriate job description, the President or person assigned by the President will counsel the officer regarding the existing deficiencies. If satisfactory resolution is not achieved to allow the officer to fulfill the duties and obligations properly, then the officer will be asked to resign from the position.
If the officer does not resign as requested within fourteen (14) days, a special meeting of the Board will be called to recommend a Bill of Recall. The recall will become valid with a two-thirds or greater vote of the Board present. The officer being considered for recall may not vote.
The results of the vote shall become a permanent record of the Board of Director’s proceedings. The officer in question will be advised of the results of the vote as soon as possible but no later than one week afterward.
ARTICLE VII – Amendment
The Constitution and Bylaws may be amended by the membership. The Constitution and Bylaws Committee will conduct an annual review of the Constitution and Bylaws to ensure that they remain accurate and current to serve the needs of Georgia’s children. If changes are deemed necessary, the committee will report needed changes to the Board of Directors for approval. Once changes are approved by a two-thirds majority of the Board, the revised Constitution and/or Bylaws will be presented for approval at the annual business meeting of the Association at the Annual Conference. Passage of changes to the Constitution or Bylaws requires a two-thirds majority of the votes of those present at the annual meeting.
Typically, the Constitution and Bylaws will not be submitted for changes more than once per year. The results of any changes will be published in the next issue of the official publication of AFPAG or on the Association website.
As approved unanimously by the general membership on February 23, 2018.