NEW JERSEY COUNSELING ASSOCIATION
BY-LAWS
A Branch of the American Counseling Association (ACA)
(Revised February 2001)
(Revised September 2006)
(Revised 2015)
Article I
Names and Purpose
Section 1. Name. The name of the association shall be the New Jersey Counseling Association herein referred to as NJCA or the Association.
Section 2. Mission. The Mission of the Association is to promote counseling, including professional development, public awareness of counseling, as well as confidence and trust in the counseling profession.
Section 3. Goals.
a. The goals of this Association shall be in accord with the American Counseling Association.
b. The goals of this Association are to:
1. Promote professional counseling practices.
2. Publish educational and professional literature and research.
3. Advance high standards of professional and ethical conduct.
4. Conduct professional and educational meetings and programs.
5. Promote efforts of the branch affiliated organizations in areas of mutual concern. 6. Promote public policy and legislation which will further the counseling profession. 7. Inform and educate the public about the counseling profession.
Article II
Affiliation
Section 1. Charter NJCA is chartered by the American Counseling Association as the official branch in the State of New Jersey.
Section 2. Autonomy of the Branch. The Association shall be free to conduct its affairs at the State level consistent with the By-Laws of the American Counseling Association.
Section 3. Composition. NJCA shall consist of at least 50 members each of whom is a resident of New Jersey.
Section 4. Regional Membership. The Association is a member of the North Atlantic Region (NAR) of the American Counseling Association. The Executive Council shall designate delegates to represent the branch at the NAR.
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Article III
Membership
Section 1. Types of Membership.
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a. Voting Membership shall be of one type – individual membership.
b. There shall be two types of individual voting membership: Professional and Regular.
c. Professional members shall hold a Master’s Degree or higher in counseling or a closely related field from a college or university (Examples: Social Work or Psychology) that was accredited when the degree was awarded by one of the regional accrediting bodies recognized by the Council on Post-Secondary Accreditation. Professional members must present proof of academic credentials upon request.
d. Regular members shall include persons whose interests and activities are consistent with those of the Association, but who are not qualified for
Professional membership.
e. Members of both types must agree to abide by the Association’s Code of Ethics. f. Special categories of individual voting members. The Executive Council shall prescribe and establish criteria for special membership categories in the Association. These categories shall include:
1. Emeritus membership may be granted to professional members upon recommendation by any member in good standing of a NJCA Division.
The approval of Emeritus membership shall be decided by a majority vote of the Executive Council. Emeritus membership carries exemption from the payment of dues to NJCA but retains the rights and privileges of dues paying members. 2. Student membership may be granted to a regular member who is a
Graduate Student in Counseling or a closely related field who is not
employed more than half-time as a professional counselor.
3. Retired membership may be granted to Professional Members who have retired from the profession.
Section 2. Allocation of Resources – The Executive Council shall develop policy and procedures for the allocation of resources to divisions, Organizational Affiliates and Interest Groups. Membership numbers shall be a consideration in these determinations however, the Executive Committee may use additional criteria as it deems appropriate. Allocations are for a one year fixed period and shall be reviewed annually by the Executive Committee.
Section 3. Membership in the American Counseling Association.
a. All officers of NJCA and Division Presidents shall be members of ACA and NJCA during their term of office.
b. Members of NJCA shall be encouraged to apply for membership in the American Counseling Association.
Section 4. Code of Ethics. The Code of Ethics currently adopted by the American Counseling Association (ACA) shall be the Code of Ethics of the New Jersey Counseling Association.
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Section 5. Severance of Membership.
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a. A member may be dropped from membership by action of the Executive Council for conduct which tends to injure the Association or to adversely affect its reputation, or that is contrary to or destructive of its Mission according to the By-Laws and Code of Ethics of the NJCA/ACA.
b. A member shall be dropped from the membership for nonpayment of dues. c. The procedure for membership severance shall be established as policy by the Executive Council, and communicated to the membership annually on the web site.
Section 6. Meetings of the Membership.
a. The Annual Business Meeting of the Association shall take place at the Annual Conference or no later than May 31 with the time and place determined by the President. b. Special meetings of the membership may be called as needed by the Executive Council or the President.
c. A quorum for the Annual Meeting shall consist of the members present: Members shall be notified at least 30 days prior to a meeting.
Article IV
Officers of the Association
Section 1. Officers of the Association.
a. The officers of the Association shall be: President, President-Elect, President-Elect Elect, Immediate Past President, Treasurer and Secretary..
b. All officers of the Association, except the Secretary and the Treasurer shall be elected at large from the professional members of the Association.
c. The Secretary and the Treasurer shall be appointed by the Executive Council upon recommendation of the President.
Section 2. Terms of Office.
a. The term of office for the President, President-Elect, President-Elect Elect and Immediate Past President shall begin on July 1 for a period of one year ending on June 30. b. The term of office for the Treasurer and Secretary shall begin on July 1 for a period of two years ending on June 30. The Treasurer shall serve one additional year as a member of the Budget and Finance Committee upon the end of the term as Treasurer.
c. No member shall serve more than two terms as President. There shall be at least five years between such terms.
Section 3. Elected Members-At-Large to the Executive Council. Four Members-At-Large shall be elected from the Professional Membership of the Association to serve on the Executive Council for a term of one year.
Section 4. Removal of an Officer from Office. Members of the Association affirm that NJCA has the right and obligation to prescribe and enforce its standards for those who hold
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office, and that the Association has the right to investigate the performance of an officer. Officers may be sanctioned or removed from office for actions that are inconsistent with the code of ethics of NJCA and ACA. The procedure for removing an officer from office shall be established by the Executive Council and communicated to the membership annually on the web site.
Section 5. Succession.
a. The President shall assume the office of Past President after the term of office as President. The President-Elect shall assume the office of President after the term of office as President-Elect. The President-Elect Elect shall assume the office of President-Elect after the term of President-Elect Elect.
b. For any elected or appointed officers or Members-At-Large whose succession is not otherwise stated, the Executive Council shall, upon the presence of a vacancy, appoint a person to fill such office until the beginning of a new term of office.
Section 6. Elected Officers and Members-At-Large. The Nominations and Election Committee shall:
a. Prepare a slate containing the names of at least two (if available), but no more than three, candidates for elected office. There shall be at least one meeting or conference call of the Committee to determine the nominees. Nominees must have accepted the nomination prior to any announcement or publication of their name on a ballot. Provision shall be made for write in candidates.
b. Conduct the election by secret ballot, mailed (email is acceptable) to the individual members of the Association no later than April 1 of the election year.
c. Tabulate the returns of each election and certify to the President the results of the election within 48 hours.
d. Notify the membership of the outcome of the election in a timely manner.
Section 7. Duties of Officers. The duties of the Officers of the Association are as follows:
a. The President shall preside at all meetings of the Association and the
Executive Council and appoint committee chairpersons according to the By-Laws. The President shall perform the duties as customary to that office and such additional duties as directed by the Executive Council. The President shall chair the Strategic Planning Committee.
b. The President-Elect shall perform the duties of the President in the absence or incapacity of the President as determined by the Executive Council. The President-Elect shall assume the responsibility but not the succession of the President upon incapacitation or resignation of the President. The President-Elect shall chair the Annual Conference Committee. c. On completion of the acting responsibility of (b) above, the President Elect shall then assume his/her normal term of office.
d. The President-Elect Elect shall be encouraged to attend ACA regional and national conferences / leadership training and may be authorized reimbursement for costs related to tuition, travel, food and lodging for any such conference or training program approved in advance by the Executive Council.
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e. The Treasurer shall represent the Association in assuring the receipt and expenditure of funds in accordance with the directives established by the Executive Council and shall be under such bond as determined by the Executive Council. The Treasurer shall oversee the maintenance of bank accounts, sign all checks, maintain all financial records and report the condition of the budget to the Executive Council.
The Treasurer shall submit the annual budget to the Executive Council for approval and present all financial records for the annual audit. The Treasurer shall chair the Budget and Finance Committee.
f. The Past President shall assist the President in the performance of duties. The Past President shall chair the Nominations and Election Committee and the Leadership Development Committee.
Section 8. Compensation of Officers.
a. None of the officers of the Association shall receive any compensation for their service as such to the Association. Officers and the Executive Director may be reimbursed for reasonable expenditures related to their duties, as approved in advance by the Executive Council and the submission of appropriate documentation, receipts, etc.to the Treasurer.
Article V
Executive Council
Section 1. Composition of the Executive Council. The Executive Council of the Association shall be composed of the officers of the Association, the President of each Division, the Chairpersons of the Standing Committees and other approved Committees, the Journal and Newsletter Editors and four elected Members-at-Large and a Graduate Student named by the President.
Section 2. Duties of the Executive Council. The duties and functions of the Executive Council shall be to:
a. Approve policies to govern the affairs of the Association.
b. Approve operational policies appropriate for executive action and direct the execution thereof. Policies shall be reviewed annually at the first meeting of the Executive Council after July 1st. A complete set of NJCA policies is to be posted on the web site and updated as policies are amended.
c. Grant and revoke Chapter and Division charters.
d. Act on reports of Chapter, Divisions, Standing Committees and such Special Committees as are responsible to the Executive Council.
e. Adopt amended Articles of Incorporation and By-Laws. A current set of NJCA By-Laws is to be maintained on the NJCA web site and updated as amended.
f. Approve appropriation of Association Funds; approve the annual budget and any appropriation of Association funds for expenses that exceed the budget. A copy of the Annual Budget is to be posted on the NJCA web site each year following budget adoption by the Executive Council.
g. Identify issues and establish priorities for professional advocacy.
h. Establish broad long-term directions for the Association and adopt a strategic plan. i. Determine and direct the basic publications policy of the Association.
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j. Exercise such other powers and functions as may be necessary or desirable in the best interest of the Association, not in conflict with the By-Laws.
k. Approve position descriptions for each of the Executive Council members. I. The Executive Council may as it deems necessary hire employees or engage consultants to assist NJCA in operational matters. All such hiring must be made by affirmative vote of the Executive Council, will be for a fixed term and will be for a fixed expenditure.
Section 3. Filling Vacancies of Executive Council Members. The process for filling these vacancies shall be established by the Executive Council.
Section 4. Quorum to Transact Association Business. A simple majority of the Executive Council shall constitute a quorum.
Section 5. Meetings.
a. The Executive Council shall meet a minimum of four times per year. All Executive Council members must attend at least two of these meetings.
b. The President shall preside at all meetings of the Executive Council and in the President’s absence, the president-Elect shall preside.
c. The President or the Executive Council may call additional meetings.
Section 6. Voting. Voting members of the Executive Council shall be: The elected and appointed officers of the Association, the President (or President’s Designee) of each Division, Organizational Affiliate or approved Interest Group, the Chairs of the Standing and Special Committees of the Association, the four elected Members-at-Large. The Joumal and the Newsletter Editors are ex-officio. In the event of a question as to the eligibility of any individual’s right to vote at a meeting the President shall make the determination.
Article VI
Committees
Section 1. Standing Committees. The Standing Committees of the Association shall be: a. Executive Committee
b. Public Policy and Legislative Committee
c. Membership Committee
d. Annual Conference Committee
e. Budget and Finance Committee
f. Strategic Planning Committee
g. Leadership Development Committee
h, Nominations and Election Committee
i. Awards Committee
j. Ethics Committee
k. CEU Committee
l. Communications / Social Media Committee
Section 2. Composition and Charges of the Standing Committees
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Standing Committee Chairs are appointed by the President unless otherwise determined in these by-laws. Chairs serve at the pleasure of the President. Standing Committees are expected to meet as needed to accomplish their business.
a. The Executive Committee shall be chaired by the President of the Association. The Committee members shall include the President-Elect, President-Elect, Elect, Immediate Past President, Treasurer and Secretary. The Executive Director shall be a non-voting member of the Executive Committee. The Executive Committee shall have the power of the Executive Council between Executive Council meetings, except that it cannot modify any actions taken by the Executive Council. Minutes of every meeting of the Executive Committee must be recorded and presented to the Executive Council at its next meeting. All actions taken by the Executive Committee must be ratified or approved by the Executive Council at a duly constituted meeting.
b. The Public Policy and Legislative Committee shall have a chairperson appointed by the President. The chairperson shall have the discretion to appoint committee members in good standing that the chairperson deems appropriate. The Committee shall monitor, initiate and coordinate public policy activities at the local, state and national levels and recommend actions to the Executive Council, which would support NJCA’s agenda.
c. The Membership Committee shall have a chairperson appointed by the President for a term of two years. The chairperson shall have the discretion to appoint committee members in good standing that the chairperson deems appropriate. The Committee shall coordinate membership recruitment and the collection of dues and annual membership renewal.
d. The Annual Conference Committee shall be chaired by the President-Elect of the Association. The chairperson shall have the discretion to appoint committee members in good standing that the chairperson deems appropriate. The Committee shall plan and coordinate the Annual Conference.
e. The Budget and Finance Committee shall be chaired by the Treasurer. The members shall be the President, Immediate Past President, President-Elect and Secretary and the 4 Members-at Large. The Committee shall develop and monitor the annual budget and expenditures.
f. Strategic Planning Committee shall be chaired by the President. The President shall have the discretion to appoint committee members in good standing that the chairperson deems appropriate. The Committee shall develop and monitor a long term strategic plan for the Association.
g. Leadership Development Committee shall be chaired by the Immediate Past President. The chairperson shall have the discretion to appoint committee members in good standing that the chairperson deems appropriate. The Committee shall identify emerging leaders and develop the annual leadership development program.
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h. Nominations and Election Committee shall be chaired by the Immediate Past President who shall appoint the Committee members. The Committee shall present to the Executive Council and the membership two, but no more than three, nominees for each elected office and be responsible for verifying each candidate’s qualifications and willingness to serve.
i. Awards Committee shall have a chairperson appointed by the President. The chairperson shall have the discretion to appoint committee members in good standing that the chairperson deems appropriate. The Committee shall solicit nominations for annual awards, select recipients according to procedures adopted by the Executive Council and provide for presentation of awards at the Annual Conference.
j. The Ethics Committee shall have a chairperson appointed by the President. The chairperson shall have the discretion to appoint committee members in good standing that the chairperson deems appropriate. The Ethics Committee shall educate the membership regarding the Ethical Standards of the American Counseling Association (ACA) and refer complaints to the ACA Ethics Committee.
k. The CEU Committee shall have a chairperson appointed by the President. The chairperson shall have the discretion to appoint committee members in good standing that the chairperson deems appropriate. The committee shall monitor the CEU process, facilitate use of the NJCA provider nu mber and maintain CEU records.
l. The Communications / Social Media Committee shall have a chairperson appointed by the President. The chairperson shall have the discretion to appoint committee members in good standing that the chairperson deems appropriate. The committee shall maximize the ability of NJCA to communicate effectively internally and externally.
Article VII
Branch Divisions, Organizational Affiliates and Chapters and
Interest Groups of the Association
Section 1. Purpose. Divisions and chapters shall represent special areas of interest of counseling in the Association.
a. The Executive Council shall provide for the organization of and affiliation with the Association Branch Divisions, Organizational Affiliates and Chapters.
b. A Branch Division must be chartered by the Association and by the National Division which it represents, consistent with the By-Laws of the Association and the National Division. c. All members in good standing of NJCA shall be eligible to join and participate in any NJCA Division, Organizational Affiliate and Interest Group.
Section 2. Divisions.
a. Organization
1. A Branch Division must be chartered by the Association and by the National
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Division which it represents, if such Division exists, consistent with the By-Laws of the Association and the National Division.
2. The mission and purposes for a Division must be in accord with that of the Association.
3. A Division shall be identified in all written materials as “a Division of the New Jersey Counseling Association.”
4. Twenty-five NJCA members having membership in one National Division may petition the Executive Council to organize a Branch Division; a slate of officers including a President, President-Elect, Secretary, and Treasurer, who have agreed to serve, shall be included. 5. Officers of the Branch Divisions or Chapters shall be members of the Association.
Function
1. A Branch Division shall be free to conduct its own affairs only in compliance with the By Laws of the Association.
2. The Executive Council of the Association shall develop such policies and procedural guidelines necessary to ensure responsible fiscal operation in support of Branch Division.
3. Each Branch Division shall file proposed activities with delineation of associated needs with the Executive Council in time to allow for approvals, amendments, etc.. The Executive Council shall develop procedures for proposal review and approval.
Section 3. Organizational Affiliates.
a. The Association may include one or more organizational affiliates which are not yet qualified to become or remain a Division of the Association, but whose intent is to become a Division.
b. The purposes and activities of an organizational affiliate shall be consistent with the By Laws of the Association.
c. Members must petition the Executive Council to organize an organizational affiliate. d. Organizational Affiliates desiring to conduct professional development or other activities, which would involve funding shall file proposed activities with delineation of associated needs with the Executive Council in time to allow for approvals, amendments, etc. The Executive Council shall develop procedures for proposal review and approval.
Section 4. Chapters.
a. A Chapter shall consist of members who organize on the basis of a local geographic unit within the state in accordance with the By-Laws and policies of the Association. b. Members must petition the Executive Council to organize a Branch Chapter.
Section 5. Involuntary Revocation of a Charter of a Branch Division or Organizational Affiliate Status.
a. The Executive Council of the Association shall have the power to revoke the charter of a Branch Division when it is deemed in the best interest of the Association to do SO. b. The Branch Division shall have until the next Annual Membership Meeting of the Association, but in no case less than nine months, to effect remedial measures or otherwise bring itself into compliance with the Bylaws of the Association.
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c. A two-thirds vote of the members of the Executive Council shall be required to revoke the charter of a Branch Division.
d. Notification by the Executive Council to revoke the charter of a Branch Division shall be delivered by certified mail to the officers of the Division or Organizational Affiliate. A copy shall be sent to the President of its national organization.
Section 6. Voluntary Withdrawal of a Chapter or Division. A Division may be withdrawn from the Association only in compliance with the policies and procedures adopted by the Executive Council.
Section 7. Merging/Consolidating of Branch Divisions. Divisions may consolidate and/or merge with the approval of the Executive Council and notification to the National Division which they represent.
Section 8. Interest Groups . The Executive Council may as it deems appropriate recognize Interest Groups representing emerging areas of interest in the profession or sub-specialties, which do not have an official national division affiliation. Interest groups so recognized may elect officers, propose and if approved run professional development activities and have a representative on the Executive Council. All officers of an Interest Group sanctioned by NJCA must be members of NJCA. Annual approval for all Interest Groups shall be by affirmative vote of the Executive Council at the final regularly scheduled meeting of the year and no later than June 30th. Interest Groups desiring to conduct professional development or other activities requiring funding shall proposed activities with delineation of associated needs with the Executive Council in time to allow for approvals, amendments, etc.. The Executive Council shall develop procedures for proposal review and approval.
Section 8. 9. Reports.
a. Each Division and organizational affiliate or Interest Group shall transmit to the President of the Association the names phone numbers and addresses and email addresses of its elected or appointed officers within two weeks of the election or appointment.
b. Each Division and organizational affiliate shall submit a written report of activities at each Executive Council meeting. The Executive Council is entitled to receive detailed financial accounting related to all activities upon request. NJCA financial policies and practices will be observed by every approved Division, Organizational Affiliate or Interest Group.
Article VIII
Business of the Association
Section 1. Appropriation of Association Funds.
a. No appropriation of Association Funds shall be made except pursuant to the authority of the Executive Council, with the exception of decisions made by a majority vote of the Executive Committee between Executive Council meetings. Such decisions shall require ratification or approval at a duly constituted meeting of the Executive Council.
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b. The Executive Council shall authorize funding for Division, Organizational Affiliates and Interest Groups in accordance with adopted policy, posted on the web site. c. The Treasurer for the new membership year shall work with the Budget and Finance Committee and Executive Director to prepare a budget for submission to the Executive Council prior to the end of the fiscal year or June 30.
d. The Executive Council shall review, may amend and must approve a budget.
Section 2. Dues.
a. Annual Association dues for members shall be established by action of the Executive Council.
b. The Executive Council may authorize reduced dues or dues waivers for special membership categories.
Section 3. Annual Conference.
a. The Conference Chair shall submit the annual conference budget to the Treasurer prior to the end of the fiscal year or June 30 or as soon as reasonably possible prior to September 1.
b. All obligations and expenses of the annual conference shall be paid within 90 days of the conference.
c. The Treasurer and Executive Director shall submit a financial statement of the conference to the
Executive Council prior to the end of the fiscal year in which the conference is held.
Section 4. Audit.
a. The annual audit shall be conducted by the certified auditor in a timely manner. b. The Treasurer of the current fiscal year shall assure that all transactions and financial records and receipts for all deposits are submitted during the audit.
Section 5. Severable or Transferable Interest. No member shall have any severable or transferable interest in the Association.
Section 6. Control and Management. All property of the Association shall be subject to the control and management of the Executive Council or as assigned to the Executive Director. Any accumulation or disposal of real property, except upon dissolution of the Association, must be approved in advance by the Executive Council.
Section 7. Disposal and Dissolution. Upon dissolution of the Association, none of its property shall be distributed to any members, and all such property shall be transferred to such other organization or organizations as the Executive Council shall determine to have purposes and activities most nearly consonant with those of the Association, provided that such other organization(s) shall be exempt under Section 501©(6) of the
Internal Revenue Code.
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Section 8. Committee Expenses. All expenses to be incurred by a committee of the Association in excess of the committee’s budget shall require advance approval by the Executive Council.
Section 9. Indemnification of Executive Council Members, Officers and Employees. To the extent permitted by law, each Executive Council member, officer and employee of the Association, whether or not then in office, shall be indemnified by the Association against al! costs and expenses reasonably incurred by or imposed upon him/her in connection with or arising out of any action, suit or proceeding in which he/she may be involved by reason of his/her being or having been a council member, director, officer, or employee of the Association. Such expenses shall include the cost of reasonable settlements (other than amounts paid by the Association itself) made with a view to curtailment of costs of litigation. The foregoing right of indemnification shall not be exclusive of other rights to which any Executive Council member, officer or employee may be entitled as a matter of law. The Association shall purchase General Liability Insurance, Directors & Officers Insurance and Bonding Insurance annually.
Section 10. Non-profit Status. This organization shall retain its tax-exempt status as a non profit organization.
Section 11. Limitations on Activities,
a. The Association is organized and shall be operated exclusively for charitable and educational purposes within the meaning of Sections 170(c)(2)(B), 501(c)(6), 2055(a)(2) and 2522(a)(2) of the Internal Revenue Code, or other sections as deemed appropriate. No part of the net earnings of the Association shall inure to the benefit of or be distributable to the members of the Executive Council, officers, other private individuals or organizations organized and operated for a profit (except that the Association shall be authorized and empowered to pay reasonable compensation for services and distributions in furtherance of the purposes as hereinabove stated).
No substantial part of the activities of the Association shall be empowered to make the election authorized under Section 50 l(h) of the Internal Revenue Code. The Association shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision herein, the Association shall not carry on any activities not permitted to be carded on:
1. By an organization exempt from federal income tax under Section 501(a) of the Internal Revenue Code as an organization described in Section 501(c)(6) of such code, or other sections as deemed appropriate, and/or
2. By an organization, contributions to which are deductible under Sections 170(c)(2), 2055(a)(2) or 2522(a)(2) of the Internal Revenue Code or other
sections as deemed appropriate.
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Section 12. Internal Revenue Code. References herein to sections of the Internal Revenue Code is to provisions of the Internal Revenue Code of 1986, as amended, as those provisions are now enacted or to corresponding provisions of any future United States Internal Revenue Law.
Section 13. The Association Year. The fiscal, governance and membership year of the Association shall be July 1 to June 30.
Article IX
By-Laws
Section 1. Amendment.
a. These By-Laws may be amended by a two-thirds majority of the individual members voting.
b. Proposed amendments may be originated by the Executive Council or presented to the Executive Council by a Division, Standing or Special Committee or an individual member, provided that in the case of an individual member the proposed amendment shall be presented over the signatures of at least ten members in good standing.
c. The Executive Council may amend the Bylaws at two meetings of the Council (per fiscal year); provided there is a 30-day written notice of the proposal amendments to the Council. Amendments may be made with a two-thirds majority vote of the Council.
Section 2. Policies and Procedures. Procedures and guidelines for these By-Laws shall be developed from time to time by the Executive Council and shall be found in the policy section of the NJCA web site.
Article X
Rules of Order
Section 1. Rules of Order. Robert’s Rules of Order, Newly Revised (by Henry Martin Robert), as from time to time amended, shall govern the proceedings for all bodies of the Association, except as otherwise specified in the By-Laws.
Article Xl
Nondiscrimination
Section 1. Nondiscrimination. There shall be no discrimination against any individual on the basis of any ethnic group, color, creed, gender, sexual orientation, age and/or disability.