|
|
|
The Orissa Society of the Americas (OSA), founded in 1969 in Boston, is a non-political, non-profit, and voluntary association, recognized as a 501(c)(3) charitable organization in the United States. OSA leadership consists of a the national governing body with elected positions of a President, a Vice President a Secretary and a Treasurer. They appoint an Editor who takes care of the news of the organization. The Chapters are administered by locally elected officials. The national governing body and the chapter presidents form the OSA Executive Council, which acts as a policy-making body.
The following version of the constitution incorporates all the amendments until June 2009. For the version of the constitution with amendment history please check the appropriate version.
Proposed New Constitution
A new constitution draft was proposed by the constitution committee appointed by 2007-2009 administration. The new constitution is currently being reviewed. We would send the revised version of the constitution to its members by January 2010 and it would be accepted in 2010 GBM. The members are requested to review the new constitution and post their recommendations to the constitution committee members before December 1, 2009.
ARTICLE III: ARTICLES OF ORGANIZATION
ARTICLE V: OFFICERS AND BOARD OF GOVERNERS
ARTICLE IX: AMENDMENTS AND RULES OF BUSINESS
The name of the organization shall be Orissa Society of the Americas, Inc., here after abbreviated OSA.
The objectives of the society shall be:
1. To form a non-political and non-profit organization of all persons interested in Orissa.
2. To promote interest and activities in the understanding of the Oriya culture.
3. To facilitate the exchange of information between Orissa and the United States/Canada.
ARTICLE III: ARTICLES OF ORGANIZATION
Section 1
OSA is incorporated under the laws of the United States and is a non-profit organization.
Section 2
The article of organization of OSA compromise of the Article of Incorporation and the By-Laws as amended from time to time.
Section 1
Membership in the OSA shall be open to all persons interested in Orissa. The membership dues and categories shall be described in the By-Laws.
Section 2
Annual membership dues shall be payable by July 30th of each year.
ARTICLE V: OFFICERS AND BOARD OF GOVERNERS
Section 1
The ultimate authority of OSA shall be vested in the membership. The members from USA and Canada shall choose the elected officers by mail ballot.
Section 2
(a)The Office bearers of OSA shall be an elected President, a Vice President, a Secretary and a Treasurer. The executive council of OSA shall consist of the following:
President (Chairperson of the committee)
Vice President
Secretary
Treasurer
Editor of OSA (Non-Voting)
OSA will have a Board of Governors (hereafter referred to as Board) to serve as the custodian of the Society. The Board will be responsible for making policy decisions to be implemented by the Executive Council (as defined below). The membership of the Board will consist of:
President
Vice President
Secretary
Treasurer.
Presidents/Coordinators of the various chapters formed with the approval of the Board.
Immediate Past President
(b) The President of OSA shall serve as the chairperson of the Board and the Secretary as the Secretary of the Board.
(c) The Board should meet at least twice every fiscal year. Each member of the Board must participate in at least one of the meetings.
(d) Fifty pert of the membership of the Board shall constitute a quorum for the purpose of its meetings.
(e) Approval by the board must carry at least a simple majority of votes of its membership, but at least a two thirds majority will be required to override the action of the Executive Council or dissolve the council.
(f) The Board will be responsible for the implementation of the policies in case of dissolution of the Executive Council.
(g) The tenure of continuous membership on the Board will be limited to a maximum of two consecutive two-year terms.
Section 3
The President, Vice President, Secretary and Treasurer shall be elected for a term of two years. These four executive officials must be life members or patrons or benefactors of OSA in good standing and must be 21 years of age or over. The Vice President shall be a running mate of the President. A vote for the President shall mean a vote for his/her running mate. The Secretary and Treasurer will be separately elected, but will work as a team with the President for smooth operation of the OSA. The President shall appoint the Editor of the OSA Newsletter.
Section 4: Powers and functions of the President
The President shall be the chief executive officer of the OSA. He/she shall announce the members of the Board of Governers at the time of assuming office in the annual convention. The Board of Governers shall assume office for a term of two years. The other elected office bearers also shall take office at the annual convention following the election for a term of two years.
The President, in consultation with the Board of Governers, shall present a plan of activities along with a proposed budget at the annual convention. In the event of resignation, inaction or negligence of duties by any member of the Board of Governers, the President shall call for re-election or renomination for such position within a period of one month.
The President shall appoint members to the following standing committees: Advisory/Planning, Orissa Development, Education, Cultural, and others to conduct various functions.
If the President fails to perform his/her duties to the satisfaction of the members of the OSA, he/she shall be removed by a vote of no-confidence. A no-confidence motion may be moved by a petition signed by at least 20% of the total membership as per the annual membership list published in July-September Newsletter of the Calendar year or from the current roster. This petition shall be submitted to the Secretary who shall circulate the same among the members of the Board of Governers within 10 days and among the membership within 30 days from the date of receipt of the petition. The Secretary will collect the votes from the membership within 30 days from the date of receipt of the petition. The Secretary will collect the votes from the membership by mail ballot, within 21 days from the date of remittal, and will announce the outcome, in writing, to the Vice President and to the Board of Governers within 7 days of the deadline date of the receipt of the votes. The President will be removed from office by a 2/3 majority of votes of no-confidence. In case of the removal of the President by a vote of no-confidence, the Vice President shall assume the office of the President for the rest of the term and shall appoint a Vice President subject to confirmation by the Board of Governers.
Section 5: Powers and Functions of Vice President
The Vice President shall derive his/her duties from the President and succeed him/her in case of his/her incapacity, resignation, or death. He/she will function in the following capacities.
He/she will serve as the Co-Convener of the Annual OSA conventions and work with the host chapter President/Convener for making detailed arrangements. He/she will act as the official representative of the OSA President/Governing Board to the annual conventions.
He/she will manage the nomination of OSA awards; appoint judges, and distribution of awards in consultation with the OSA President.
He/she may act in any other capacity, as delegated by the OSA President.
In case of his/her resignation or death, the President shall nominate a successor to the Vice President whose appointment will be approved by the Executive Board with a simple majority vote, for the remainder of the term.
Section 6: Powers and Functions of the Secretary
The Secretary shall assume office along with the President and Vice President, and shall serve as the Secretary of the OSA Board of Governors.
The Secretary shall record the minutes and be the custodian of the minutes of the executive Board and the General Body. He/She shall maintain permanent records of these meetings in good order and will hand over them to the next Secretary after his/her term expires.
The Secretary together with the Treasurer shall be responsible for fund raising, membership drive, and for compilation of a list of paid members. This list of new members shall be published in the first issue (July-September) of the Newsletter for every fiscal year.
He/she will coordinate various development activities in Orissa by the OSA members, provide administrative help through public and privately established non-profit organizations such as, but not limited to, the NRO Cell/Center, established by the Government of Orissa.
The Secretary shall be removed by the same way as the President. However, a no confidence motion in this case shall be presented to the President for further action.
In case of the removal of the Secretary by a no confidence motion or in his/her resignation or death, the President shall nominate a successor whose appointment will be approved by the Executive Board with a simple majority vote, for the remainder of the term.
Section 7: Powers and functions of the Treasurer
(Same as current section 6 for Secretary-Treasurer except for the changes below)
The Treasurer shall assume office along with the President and Vice President, and shall serve as the Treasurer of the OSA Board of Governors.
The operating budget of
OSA shall be within limits of available revenue during the year, and must
be prepared in consultation with the President. The revenue will include
annual membership fees, OSA fees collected at the convention, fees collected
from converting life members to patrons and benefactors, and funds raised by
other means. The fees for life membership cannot be included in the annual
budget. This money must be invested for long-term benefit of OSA (such as
fixed deposit), as decided by the finance committee, explained below.
The Treasurer will serve
as the Chairman of the OSA Finance committee, which will plan and operate
all the OSA investments. The committee will consist of the Treasurer and two
other life members/patrons/benefactors, appointed by the President. These
two committee members must not be members of the current OSA Board of
Governors. Any long-term investment or fixed deposit will be held in the
name of OSA and can be operated with signatures from any two of the three
members of the finance committee. Any earning from investment/fixed deposit
can be included in the operating budget of OSA.
The Treasurer shall
supervise annual OSA convention and/or symposium fund collections and
expenses, and report them to the General Body in the following year.
The Treasurer will present the complete financial report of the past year in the Annual General Body meeting of the OSA during the convention. The financial records shall be audited at the end of every two financial years ending in an election year. (Modified from item 3 of the present constitution)
The Treasurer along with the Secretary shall be responsible for fund-raising, membership recruitment, … (Same as current item 4)
The office bearers ..
travel expenses. Any one item of expenditure beyond $300 (instead
of current $200) must be approved by the President. Any amount over
$500 (instead of current $400) on a single non-budgeted item must
be approved by a majority of the Governing Board. The approval from the
Governing Board will be sought through e-mail. In case of no response within
two weeks from a Board member, it will be assumed that the particular member
has approved the request. The same rule will apply for donations by various
OSA members to charitable/educational/developmental organizations in Orissa.
Such collections and expenditures must be reflected as regular
income/expenditure items in OSA account. Any OSA operational expenditure
over $10,000 shall require an approval from the General Body.
Treasurer shall be removed by the same way as the President. However, a no-confidence motion in this case shall be presented to the President for further action.
In case of the removal of the Treasurer by the no-confidence motion, or his/her resignation or death, the President shall nominate a successor whose appointment will be approved by the Board of Governers with a simple majority vote, for the remainder of the term.
1.
Section 1
All life members and annual members of OSA have the right to vote and participate in the election.
Section 2
All elections are to be conducted by a secret ballot. The election procedures shall be described in the By-Laws.
Section 3
No two members of the Board of Governers at any time shall be from the same immediate family (e.g. Husband & wife, parents & children, siblings) of any Board of Governers member.
Section 4
In case, a current office bearer such as, President, Vice President, or Secretary-Treasurer, decides to run for re-election or for another position, he/she shall give up all his/her election related responsibilities as defined in the By-Laws.
Section 1
There shall be at least one general body meeting within one calendar year. The President of OSA shall be responsible for organizing such meetings with the help of the Board of Governers and the organizing chapter.
Section 2
The Board of Governers shall meet at least once a year to discuss the past activities, future plans, and the budget.
Section 3
(a) A proxy authorization form should accompany notification of the General Body meeting This form should also be available at the registration desk during the OSA annual convention.
(b) Fifty percent of the members in good standing, including proxies in the prescribed form, will constitute quorum or general Body meeting. Should the attendance fall short of this minimum, thirty-three percent of the membership in good standing, including proxies, will constitute a quorum for the purpose of conducting the General Body meeting. In the latter case, however, the resolutions passed in the General Body meeting will be mailed to members not present (personally or by proxy) at the meeting for their approval within 30 days. A lack of response by the date specified in this circular will be taken as a vote in favor of the resolution (s).
(c) It will be the responsibility of the Secretary/Treasurer to arrange for proxies and maintain proper records of proxies obtained.
(d) The President will appoint a Parliamentarian for the General Body meeting. The interpretation of the OSA Constitution and by-laws by the Parliamentarian will be binding.
Section 4
The President shall conduct the meetings. In the absence of the President, the Vice President shall preside over the meetings. In the absence of both the President and the Vice President, an Board of Governers member appointed by the President shall conduct the meetings.
Section 1
To form a new chapter, a minimum of 15 families, with signatures of at least 20 members with continuous membership for at least the past two years, must submit a written request to the Board of Governors through the Executive Council. The decision of the Board shall be conveyed in writing. A sub-chapter may be formed by any group of reasonable size and this will require the written approval of only the Executive Council. However, only the President/Coordinator of a chapter approved by the Board can serve as a member of the Board. The President/Coordinator of a sub-chapter is not eligible for Board membership.
Section 2
A petition to form a chapter must be made to the Secretary of OSA for approval by the Board of Governers at least two months prior to the targeted date of its establishment.
Section 3
The President of a chapter or an elected representative shall become a member of the OSA Board for a term of two years. A notification to that effect shall be submitted to the Secretary of OSA on or before the June 30th of the OSA election year. The chapter President or his representative to OSA Board must be a member of OSA in good standing. The President/Coordinator of a Chapter is eligible to continue on the Board for a second two-year term if reelected by the chapter, but no more than two consecutive two-year terms. A notification to that effect shall be submitted to the Secretary of OSA on or before the June 30th of the OSA election year.
Section 4
The President of a chapter shall provide a membership list of the chapter to the Secretary of OSA at the beginning of each fiscal year and he/she will collect the OSA membership dues from the members of his/her chapter.
Section 5
Any donation and membership dues collected by a chapter in the name of OSA shall be deposited with the Secretary-Treasurer of the OSA. A chapter shall, however, be free to raise it’s own membership fees and other donations for local activities.
Section 6
Local chapters raising funds in the name of OSA and using the OSA Federal Identification Number shall follow the OSA rules and be accountable for the IRS audit. A copy of the annual financial report shall be submitted to the Secretary-Treasurer of OSA at the end of each fiscal year. Failure to report such financial transactions violates the IRS rules and regulations, and is subject to IRS action.
ARTICLE IX: AMENDMENTS AND RULES OF BUSINESS
Section 1
Any proposed amendments to the OSA constitution or By-Laws shall be proposed by a petition signed by at least 10 percent of the total membership or by the Board of Governers. The petition must be circulated to the general membership at least 30 days prior to the annual general body meeting.
Section 2
Any amendment to the OSA constitution and By-Laws shall need the approval of two-thirds majority present in the General Body meeting (including proxies, as described in Article VII), or two-thirds majority of members through mail ballot. A lack of response within the date specified in the mail ballot will be considered as a vote in favor of the amendment(s).
Section 3
The business of the OSA shall be conducted in accordance with the rules contained in the latest edition of ‘Robert’s Rules of Order’ provided these do not contradict the By-Laws and the Rules of Business of the OSA.
Section 4
On any question involving the constitution the By-Laws, or the Rules of Business, the decision of the Board of Governors will be final.
BY - LAW II: ANNUAL CONVENTION
BY - LAW III: ELECTION PROCEDURE
BY - LAW IV: DISCIPLINARY ACTION
Section 1
Any person eighteen years of age or more interested in the stated objectives of the OSA shall be eligible for membership. Membership in OSA involves submission of an application for formal approval by the Executive Council.
Section 2
Membership in the OSA shall be of the following types:
1. SINGLE PERSON of eighteen years of age or more by paying annual dues of $10.00.
2. FAMILY (husband, wife, and children below 18) by paying annual dues of $25.00.
3. LIFE MEMBER: A single person or family paying $300.00. In case of marriage of the single member the spouse shall be granted life membership. In case of divorce, both spouses shall be accorded individual life memberships.
4. STUDENT MEMBER: Single: $5.00, family, family $10.00
5. PATRON: A person who contributes $600 or more to OSA
6. BENEFACTOR: A person or family contributing a lump sum of $1,000 or more to OSA.
7. HONORARY MEMBER: Persons selected to this status by the Board of Governers.
8. SUPPORTING MEMBER: Persons, families or organizations by contributing at least $100 a year
9. FIVE YEAR MEMBER: A single person or family paying $100
Section 3
Honorary or supporting members are not eligible to vote or seek office of the OSA.
Section 4
Membership dues in any category may be changed by the Board of Governers with approval of the general body by a majority vote. However, to encourage membership drive, the Executive Council may temporarily reduce the amount for any category of membership through written notification to the general membership. The period over which this reduction will be valid must be specified in the notification and the reduction cannot be repeated within the normal tenure of a particular Executive Council. The membership fees cannot be reduced to less than 65% of the prevailing schedule.
Section 5
The fiscal year of the OSA shall be July 1 to June 30th.
BY - LAW II: ANNUAL CONVENTION
Section 1
The site of the annual convention shall be selected by the Board of Governers a year in advance for smooth planning. The host chapter shall be responsible for all aspects of the convention. The President or coordinator (in the absence of a president) of the chapter must send a written request. to the President of the OSA at least one year before the proposed date of the convention with the written approval of the majority of the members of the host chapter, to hold the convention.
Section 2
The convention shall not be viewed as a fund raising method on the part of the local chapter. The Treasurer shall supervise annual OSA convention and/or symposium fund collections and expenses, and report them to the General Body in the following year. The accounts of the convention shall be prepared by the President or his/her representative of the host chapter and will be handed over to the OSA Treasurer for reporting to the General Body. If the host chapter for a Convention does not meet its obligations to provide financial statements, a list of new members and all monies due to the national organization within six months of the end of the Convention, said chapter shall not be permitted to host another Convention for a period of 10 years from such date that the host chapter meets the foregoing obligations.
Section 3:
The OSA Vice President shall function as Co-convener of the convention and shall coordinate all the OSA activities including planning, convention opening ceremony, invitation of the OSA guests, and OSA award distributions in consultation with the OSA President and the convention organizers.
Section 4:
The Convener will ensure printing and distribution of copies of the OSA souvenir and directory to all the attending OSA members and to those life members/patrons/benefactors, who did not attend the convention.
BY - LAW III: ELECTION PROCEDURE
Section 1
A three member election committee with one as chairman shall be appointed by the Board of Governers and will be announced to the general body for approval by majority at the annual convention preceding the election year.
Section 2
No member of the Board of Governers is eligible to be a member of the election committee.
Section 3
The Secretary of the OSA shall prepare a list of members who have paid their dues by Dec. 31 of the year preceding the election year. This list along with the list of life members and patrons shall be submitted to the chairman of the election committee by Jan. 15 of the election year.
Section 4
Nominations for the various offices shall be invited by the election committee chairman through the OSA newsletter of September-December quarter, preceding the election year. In case of contests, the names of the candidates shall be announced in a special letter to be sent by the election committee along with the position statement of each contesting candidate.
Section 5
The Secretary of the OSA shall print and supply the ballots to the election committee. All ballots must be sequentially numbered or coded.
Section 6
The ballots shall be mailed in the fourth weekend of March of the election year. The ballot number or code must be noted against the master membership list held by the election committee. For a returned ballot to be valid, it must be postmarked by the date on or before the 4th Monday of April of the election year.
Section 7
The election committee shall open a post office box address to which the ballots shall be mailed to by the voters. The ballots shall be counted in the presence of the election committee members and the candidates or their representatives on the second Saturday of May of the election year. The results of the election shall be announced then and there with a written statement of the results sent to the President of the OSA. All the election materials must be sealed and signed by the election committee members and the candidates or their representatives, and will be preserved by the election committee chairman for a period of six months after the election.
Section 8
The President of OSA shall submit the results to the Board of Governers for approval and for a publication in a special Newsletter by May 30th of the election year.
Section 9
The election committee shall adopt prudent ways to insure the secrecy of the voting system.
Section 10
All expenses for the election shall be reimbursed by the Secretary-Treasurer of OSA upon the submission of the expense report. The committee shall caution to keep expense within the budget.
Section 11
Any charge of election irregularity or fraud shall be reported to the President and the members of the Board of Governers for resolution.
BY - LAW IV: DISCIPLINARY ACTION
Disciplinary action shall be taken by a 2/3 majority vote of the Board of Governers against any member for gross misconduct.
No part of the earnings of the OSA shall go to the personal benefit of any member, office bearer or private individual. Should the OSA disband, after paying or making provisions for payments of all the liabilities of the OSA, the remaining funds and assets of the OSA shall go to such charitable organizations as have objectives similar to this society, chosen by the majority vote of the general body at a special meeting called for that purpose.
|
|
|
