By-laws

BY-LAWS  (revision 1.0)

ARTICLE I – ELECTIONS

Section 1. INCORPORATION INTO CONSTITUTION AND BY-LAWS FOR THE NACRJ: The elections process is defined in the by-laws and are incorporated into the constitution upon formal approval.  Subsequent amendments to the Constitution and By-Laws that affect the elections process will be incorporated upon approval into the constitution and by-laws to guide future elections.

Section 2. ELECTION OF THE FIRST SLATE OF OFFICERS:  The election of the first slate of Interim Officers, Interim Members of the Board of Directors and Interim Advisory Council will be at the first General Meeting of the membership during the 4th National Conference on Restorative Justice held in June 2013.  These officers will guide the NACRJ during the interim period from June 2013 until the first formally elected slate of officers are installed during the 5th National Conference on Community and Restorative Justice in 2015.  Those individuals holding interim offices that would otherwise be term limited are eligible for reelection to those positions.  Thereafter term limits will be in effect and staggered terms for At-Large members of the Board of Directors will be initiated.

Section 3. SUBSEQUENT ELECTION OF OFFICERS: The First Vice-President, the Secretary, Treasurer, and at-large members of the Board of Directors and the Advisory Council shall be elected via an electronic ballot by majority vote of regular members of the NACRJ as specified by Constitution Article IV, Section 2, casting valid ballots.  The first formal election under the constitution and by-laws will occur no later than 90 days in advance of the 5th National Conference on Community and Restorative Justice in 2015.

Section 4. TERM OF OFFICE: First Vice-President: The First Vice President will serve two years in that capacity upon election and two years as President, the latter office being held by virtue of the original election as First Vice-President without subsequent election.

Section 5. TERM OF OFFICE: Secretary: The Secretary shall serve a term of three years.

Section 6. TERM OF OFFICE: Treasurer: The Treasurer shall serve a term of three years.  The Treasurer may serve consecutive terms.

Section 7. TERM OF OFFICE: Advisory Council Members:  Members of the Advisory Council will serve two year terms but may be elected to consecutive terms by regular members.  Staggered terms of service for Advisory Council members may be established by the Board of Directors without amendment to the by-laws.

Section 8. TERM OF OFFICE: The four at-large members elected to the Interim Board of Directors (2013-2015) shall serve two year terms.  Following the first formal election under the constitution and by-laws in 2015 those elected to the Board of Directors will serve three year, staggered terms with two members elected in one cycle and the other two members elected in the following year.  To initiate the staggered cycle in 2015, two of the four at-large members will be selected at random to serve a one year term.  They may be reelected the following year.  Once the staggered terms are established at-large members of the Board of Directors may not serve consecutive terms but may be re-elected after a break in service.  

Section 9. MID-TERM REPLACEMENT OF VACANT ELECTED POSITIONS:  Should an elected Officer or member of the Board of Directors vacate their elected position in mid-term the Executive Committee will recruit a replacement nominee and submit that nomination to the Board of Directors for approval and appointment.  A vacancy in the Advisory Council officers will be filled by a current member recruited and approved by the Advisory Council.

Section 10. NOMINATIONS AND ELECTIONS COMMITTEE: (1) A Nominations and Elections Committee shall be appointed by the Immediate Past President, immediately after leaving the office of President, to conduct the any up-coming elections.  The Nominations and Elections Committee shall consist of five (5) Regular Members and the Immediate Past President who shall serve as Chair.  The appointed members shall represent a variety of subfields within community and restorative justice in order to make the Nominations and Elections Committee broadly representative of the diverse interests within the NACRJ.  During the interim period of 2013-2015 the person serving as a place-holder for the Immediate Past President on the Board of Directors will chair the Nomination and Elections Committee for the 2015 election process.

(1) The Nominations and Elections Committee shall canvass the general membership to obtain suggestions for candidates, and it may on its own initiative consider possible nominees.

All candidates shall be contacted by the Committee to determine their willingness to serve if elected and requested to provide such materials as the Committee requires for the electoral process.

It shall present to the Board of Directors, a slate of candidates for all offices to be elected.  The slate of candidates will include no more than two nominees for each office.  However, when, in the judgment of the Committee two candidates for a position cannot be identified the Committee shall explain this discrepancy to the Board of Directors. The Board of Directors may authorize the election with less than two candidates for every position, however regular members will be provided an opportunity to write in candidate of their choice.  The Nominations and Elections Committee will establish procedures governing the nominating process.

(2) The slate presented by the Committee shall require approval by the Board of Directors; the Board is the final authority on the names of candidates to be on the ballot for each office, except as provided by Section 10 (3), Article One below.

(3) In addition to the candidates approved by the Executive Board, any regular member may have his or her name appear on the official ballot if he or she has the written endorsement of at least fifty (50) regular members of the NACRJ.  In order to be placed on a ballot petitions supporting the candidacy of a member must be received by the Chair of the Nominations and Elections Committee at least 60 days prior to any scheduled election.  Upcoming elections will be posted on the NACRJ website.

(a) Upon receipt of petitions in support of a member, the Chair shall examine and judge the authenticity of each petition to determine that the candidacy has the support of at least fifty (50) members.

(b) Upon determining that a member has the required number of required endorsements, the Chair shall report the name to the Board of Directors for inclusion on the official ballot.

(c) The name of the member shall be included on the ballot, without action or approval by the Board, as an addition to those approved by the Board of Directors.

(d) All petitions shall be presented by the Chair of the Committee to the Board of Directors and held until such time as the results of the election are officially promulgated.

Section 11. ELECTION PROCEDURES: With the exception of in person votes taken at the General Meeting of the membership at each National Conference all elections will be conducted using an electronic, on-line, means of voting that allows regular members qualified to vote anonymously.  The ballot shall include the names of the candidates for each office and a space for write-in candidates.  The specific voting period will be defined by the Board of Directors but may not be less than two full work weeks and not more than four full work weeks.  No member may vote more than once in any given election.  A simple majority of voting members is sufficient for election to office or decision on a ballot initiative. 

(1) The electronic ballot shall include brief biographical summary and brief statement of each candidate’s goals for that office should they be elected.

(2) As a means of certifying voting membership each eligible voting member will log-in to the web-based site using their membership number.  This will allow them to access the ballot.  Their membership number will not be linked in any way to the recorded vote.

(3) The NOMINATIONS AND ELECTIONS COMMITTEE will Tabulate the results of the election and notify the Officers, Board of Directors and Advisory Council of the results directly and the entire membership through the website.

(4) If no candidate for an office has received a majority of the valid ballots cast, a runoff election shall be held.  Such ballot shall include only the two persons who receive the highest number of votes on the original ballot.  A period not exceeding thirty (30) days shall be allowed for conducting an electronic, web-based, runoff election.  The Nominations and Elections Committee shall certified the results of the runoff election and notify the leadership and the members as prescribed in Section 9 (3) above.  Electronic records of the votes will be retained for 180 days.

(5) Anyone wishing to contest the election results must submit a formal, written petition to the Board of Directors within 180 days of the vote in question for a recount.  The Board of Directors will allow a recount when the election results are contested but they are also the final arbiter of those results.  The Board of Directors may declare an election is null and void because of voting irregularities and may authorize a new web-based election or an election from the floor of the next General Meeting at the National Conference or a Special Meeting called by the Board of Directors. 

Section 12. AMENDMENT PROCEDURES:

(1) Amendments to the elections procedures may be made only by the procedure specified in Article X of the Constitution.  However, nothing in the Election Procedures or Article X shall be deemed to preclude modification of purely administrative or clerical procedures or details by the Nominations and Elections Committee or the Board of Directors necessitated for effective and efficient operation of election procedures.  In such cases, the decision of the Board of Directors shall be final, subject to the provisions of Article XI, Interpretation of the Constitution.

(2) Proposed amendments to the Constitution and Bylaws must be approved by the Board of Directors shall be submitted by the Secretary to the membership using the same procedures provided for in Article I, Section 9, insofar as applicable. Amendments may be submitted at any time as determined by the Executive Board.

ARTICLE II – DUES

Section 1. ANNUAL DUES for the NACRJ shall be recommended by the President and approved by the Board of Directors.

Section 2.  Regular Members must pay annual dues appropriate for a type of membership defined under Constitution to be considered as being considered in good standing.

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