CONSTITUTION AND BYLAWS
OF THE ASSOCIATION OF ATTORNEY ADVISORS
ARTICLE I
NAME AND OFFICIAL ADDRESS
Section I The name of this organization is THE ASSOCIATION OF ATTORNEY-ADVISORS (hereinafter the Association). The address is P.O. Box 36815, Birmingham, AL 35236, or such other place as shall be selected by the officers of the Association. [The official address was changed, by action of the officers, to the current address of 5510 SW 97th Avenue Cooper City, Florida 33328].
Section II The Association is organized exclusively as a business league and professional organization for purposes that qualify as tax exempt under Section 501(c)(6) of the Internal Revenue Code of 1954 or any corresponding provision of future U.S. Internal Revenue law and regulations.
ARTICLE II
POLICY AND OBJECTIVES
Section I To encourage the study, improve the practice, elevate the standards, and advance the cause of Social Security administrative law practice. The Association strives to provide a professional forum for the exchange of ideas and to serve the public interest in cooperation with the Social Security Administration and authorized collective bargaining representatives.
Section II The Association is not a labor organization. Association input relative to the general scope and nature of Social Security Administrative law and the particular responsibilities and status of Attorney-Advisors within that general context will be presented through the appropriate channels available to other federal employees.
Section III The Association shall not participate in any political campaign on behalf of any candidate for public office. Members do not forfeit any rights of citizenship or employment by membership in or participation with or through the Association.
ARTICLE III
MEMBERSHIP AND DUES
Section I
a. Membership is voluntary and open to all licensed attorneys employed as Attorney-Advisors in the Office of Hearings and Appeals, Social Security Administration (OHA-SSA), regardless of race, sex, political affiliation, age, creed, color, national origin, disability or other distinguishing personal beliefs or characteristics.
b. Attorney-Advisors in management positions and Administrative Law Judges are only eligible to become Associate members. Associate members receive all the rights and privileges of regular members except for the right to vote and the privilege of access to the private forum on the Association’s Website.
c. Dues for Associate members shall be set by the Executive Committee, but shall not exceed 75% of the amount set for the regular dues discussed in Sections III and IV of this Article.
Section II Membership is contingent upon the payment of annual dues and submission of a completed application.
Section III Dues will be $25.00 per calendar year, payable with initial application for membership and annually thereafter.
Section IV Dues may be increased only by a majority vote of the membership. [Note: by action of the Executive Committee initial and renewal dues have been temporarily reduced to $10.00. This suspension leaves the "official" rate at $25.00/year, should it become necessary to raise additional funds through dues, without the necessity of a full vote of the members - Jim].
Section V Failure to pay dues by the end of the second calendar month after the due date will result in cancellation of membership and loss of good standing in the Association.
ARTICLE IV
OFFICERS AND DUTIES
Section I The elected officers of the Association are the President, Vice President, Secretary, and Treasurer. The executive Committee consists of the above-listed officers.
Section II a. The President shall be the principal executive officer of the Association and shall supervise and direct the business and affairs of the Association. The President shall be the official representative of the Association in all external matters.
b. The Secretary shall keep any minutes of the Executive Committee meetings and publish a newsletter informing the members of matters of interest. Any minutes created shall be available for review by the membership and shall be retained for at least two calendar years by the Secretary, or his or her successor.
c. The Treasurer shall have charge and custody of the funds of the Association; receive monies due and payable to the Association; and disburse funds for Association activities. The Treasurer shall render a general accounting of funds to the membership at least annually.
d. The Vice President shall perform duties as assigned by the President; and shall assume the duties of President, if the President dies, becomes incapacitated, resigns or is disqualified, until a new President is elected pursuant to Article IV, Section III.
Section III The elected officers shall serve for a term of one calendar year, January 1 through December 31. A vacancy in any office because of death, resignation or disqualification will be filled by special election for the remainder of the term, if the vacancy occurs before October 1. Vacancies occurring on or after October 1 of any year shall be filled pursuant to the nomination and election process set forth in Article V.
ARTICLE V
NOMINATION AND ELECTION OF OFFICERS
Section I The deadlines set forth in this Article shall be construed to fall on the first business day following the specified date in the event that the specified date falls on a Saturday, Sunday or a federal holiday.
Section II a. Nomination and balloting procedures.
i. The Executive Committee shall solicit and receive nominations from the membership. Only members in good standing may be nominated.
ii. A solicitation for nominations shall be presented to the membership by mailing [or e-mailing] by October 1.
iii. Nominations must be received in writing at the Association’s official address, or by email to two or more members of the Executive Committee, by November 1. Individuals nominated will be contacted by an Executive Committee officer by November 7 in order to: (1) establish confirmation of willingness to serve and, if the nominee is willing to serve, (2) to notify the nominee of an opportunity to submit a brief written statement summarizing the nominee’s background and qualifications for office, suitable for inclusion on the ballot, or to confirm that any previously submitted statement provides a suitable summary. Any additional statement must be received at the Association’s official address by November 11.
iv. The ballots shall be finalized and postmarked for delivery to the membership by November 21. Voting shall be by secret ballot.
v. All ballots that will be counted shall be received at the Association’s official address by December 7.
b. Officer Election
i. Officers shall be elected by a majority of the votes cast and received at the Association’s official address by December 7.
ii. The Secretary and Treasurer shall count the votes by December 9.
iii. Individuals receiving a majority of votes cast for an office will immediately be notified by an Association officer.
iv. In the event no candidate receives a majority of votes cast for an office, a supplemental ballot for a runoff election between the two candidates with the highest number of votes will be prepared and postmarked for delivery to the membership by December 11. Voting in runoffs shall be by secret ballot.
v. All ballots in the runoff election that will be counted shall be received at the Association’s official address by December 24.
vi. The membership shall be notified of the final election results by mailing postmarked by December 31.
vii. In the case of uncontested elections, balloting shall be by e-mail to the current officers or their designees (i.e. election monitors).
c. Officer Removal. An elected officer may only be involuntarily removed from office before the end of a term by signed notification exhibiting a desire to have the officer removed submitted to the Association’s official address by two thirds of the members in good standing. The Secretary and Treasurer shall certify the validity of such notifications submitted.
ARTICLE VI
EXPENDITURES
Section I The Treasurer handles Association expenditures pursuant to Article IV, Section 2.c.
Section II Expenditures may include but will not be limited to cost for programs, public service, social activities and dissemination of information.
ARTICLE VII
MEETINGS
Section I The officers of the Association should maintain regular contact for purposes of organization, planning and initiation of Association activities.
Section II The Executive Committee may conduct its business in a manner and using means it deems appropriate. It may conduct business by mail or telephone (or by e-mail), as the need arises, and shall establish its own rules of procedure for taking votes and conducting business, with the following requirement: that a majority vote be required for all contested actions of the Executive Committee, based on the following: President – two (2) votes; Vice President, Secretary and Treasurer – one (1) vote each.
Section III All actions of the Executive Committee shall be reported by the Secretary in the Association’s newsletter.
ARTICLE VIII
AMENDMENTS TO THE CONSTITUTION AND BYLAWS
Section I A motion to alter, amend, repeal and/or replace provisions of the Constitution and Bylaws must be supported by one-fourth of the membership, with support confirmed by signatures, before a vote on the issue will be conducted.
Section II These items may be altered, amended or repealed and/or replaced by the vote of a majority of the membership. The amendment, etc. shall be provided to the membership for consideration at least thirty (30) days prior to the vote.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Section I The Association shall subscribe to at least minimum standards of fiscal responsibility.
Section II The Association, its members and/or officers, shall not assist or participate in a strike, work stoppage, or slowdown against the Government of the United States or an agency thereof or impose a duty or obligation to conduct, assist, or participate in such strike, work stoppage, or slowdown.
Section III The Association, its members and/or officers, shall not advocate the overthrow of the constitutional form of Government of the United States.