BY-LAWS OF THE ALABAMA

MUNICIPAL COURT CLERKS AND MAGISTRATES ASSOCIATION

ARTICLE 1: NAME AND PURPOSE

1.1            NAME: This organization shall be known as the Alabama Municipal Court Clerks and Magistrates Association, and shall be referred to herein as the “Association”.  The Board of Directors of the “Association” shall be referred to herein as the “Board”.  The President and Vice-President of the “Association” shall be referred to by the name of the particular office; and, the general membership of the “Association” shall be referred to herein as the “Membership” or as the “Member” or “Members”.

1.2            PURPOSE: The purpose of the Association shall be to gather and study information in order to develop and improve methods of Municipal Court Administration; to develop and improve technical, administrative and educational standards for municipal courts and municipal court personnel; to support the interest of the judicial branch of government with respect to training, certification, continuing education and procedural reviews; to disseminate information to the “Membership”; and, to foster and promote the Association within the State.

ARTICLE 2: MEMBERSHIP

2.1            LEVELS OF MEMBERSHIP:

(a)            ACTIVE MEMBERSHIP: Shall be comprised of any municipal court clerk, magistrate or judge, actively serving in a full time or part time position with any municipal court in the State of Alabama.

(1)            Active Membership rights include serving on the Executive Board, as an Officer of the Association and one member vote on issues before the Association, except that no sitting municipal court judge may serve on the Executive Board or as an Officer of the Association.

(2)            Dues for the Active Membership shall be One Hundred Dollars ($100.00) per year payable before January 1, or each calendar year beginning January 1, 2009.  The Dues increase to One Hundred Fifty Dollars ($150.00) if they are paid on or after the 5th of January of the year they are due.

(3)            Dues for large courts, with 10 magistrates or more shall be One Thousand Dollars ($1,000.00) per calendar year beginning January 1, 2009.  The dues plus fees will amount to One Thousand Five Hundred Dollars ($1,500.00) should the annual dues be paid on or after the 5th of January in the year they are due.

(b)            ASSOCIATE MEMBERSHIP: Any attorney who serves as a judge pro tem in a municipal court in the state of Alabama shall be eligible to become an associate member of this Association after being sponsored by an active member for membership, and a majority vote in favor of their membership at any meeting of the Association or its Executive Board.

(1)            Associate Membership rights include one member vote on issues before the Association however, an associate member may not serve as an officer or board member of the association.

(2)            Dues for Associate Members shall be Fifty Dollars ($50.00) if paid by the 5th of January of each year beginning January 1, 2009, otherwise, a late fee of Twenty Five Dollars ($25.00) will be added to the amount due.

(c )            RETIRED MEMBERSHIP: Any prior Active or Associate Member may retain their membership upon retirement from their position should they so desire.

(1)            Retire Membership rights include one membership vote on issues before the Assocation, however, a retired member may not serve as an officer or board member of the association.

(2)            Dues for the Retired Members shall be Twenty Five Dollars ($25.00) if paid by the 5th of January of each year beginning January 1, 2009, otherwise, a late fee of Ten Dollars ($10.00) will be added to the amount due.

2.2 TERMINATION OF MEMBERSHIP: Any Member of the Association shall automatically cease their membership upon failure to pay dies in full (may renew their membership upon payment of dues within 45 days of the due date), or; is dismissed from employment by their Municipality for conduct unbecoming a court clerk or magistrate.  Judges, or any attorney who holds an associate membership, who cease to be a member of the Alabama Bar Association shall automatically lose their eligibility for membership in the AMCCMA.

ARTICLE 3: ASSOCIATION MEETINGS

3.1            ANNUAL MEETING

(a) The annual meeting for members shall be held during the month of June, July, August or September, within the state of Alabama.  The date, time and location shall be determined by the Officers and Board of Directors.

(b) The dates, times, location and agenda for the annual meeting for members shall be published to all members at least One Hundred Twenty Days (120) in advance of said meeting.

(c ) The annual meeting for members shall be the first item on the agenda of the first day of the annual conference.

(d) Elections will immediately follow the annual meeting for members.

3.2            SPECIAL MEETINGS

(a) A special meeting form members may be called by the President or by a majority of the members of the Executive Board.  Said meeting will follow the specific agenda for the purpose of the meeting being called and no other business of the association will be considered at that time.  At lease Thirty (3) days notice shall be given for each special meeting.

(b) A special board meeting may be called by the President and/or the Board of Directors.  No special meeting may conduct any business of the Association without a Quorum present.

3.3            QUORUM: No official business of the Association may be acted upon at any meeting unless a quorum is present.  A quorum consists of and any four (4) of the 5 voting members.  A board member will be allowed to vote via phone for up to two of the four regularly scheduled board meetings.

ARTICLE 4: BOARD MEMBERS

4.1            POWERS AND FUNCTIONS AND MEMBERSHIP:

(a) The Alabama Municipal Court Clerks and Magistrates Association (AMCCMA) does hereby create board members that shall assist the President and other Elected Officers of the Association upon request and when possible.  The board members shall act in a voting capacity on all financial and organization issues of the Association.  The Board Members shall be comprised of the following order:

(b) President of the Association (Two Year Term)

(Votes only to break a tie vote by the Board)

President Pro-tem of the Association (Non-voting member) (Two Year Term)

Vice-President/President-Elect (Two Year Term)

Secretary/Treasurer (Non-Voting Member) (Three Year Term)

Elected Members at Large (FOUR) (Three Year Term)

(ONLY Certified Magistrates may be elected as members of the Board of Directors)

4.2            REMOVAL FROM OFFICE: Any officer or member of the Board of Directors who fails to attend Two (2) meetings of the board without adequate reason determined by the remaining board members and officers after the member has an opportunity to discuss same with the board, shall be removed from that office or as a member of the board and their term will be filled by another member chosen by the president and ratified by the remaining board members.  The vote to remove the officer or board member and ratify the member chosen to replace them must pass with Four (4) members in favor.

4.3            DUTIES OF OFFICERS AND MEMBERS OF THE BOARD OF DIRECTORS

(a)            PRESIDENT: The President shall preside over the annual meeting, shall be responsible for normal business of the Association, on a day to day basis, under the direction of the Board of Directors, Articles of Incorporation and By-Laws.  The President shall preside at the meeting of the Board of Directors as described in Article 3.

(b)            PRESIDENT PRO TEM:

The President Pro Tem shall act in an advisory capacity.  This position is a non-voting position on the board.

(c )            VICE-PRESIDENT/PRESIDENT ELECT:

The President Elect is the first assistant to the President of the Association and shall preside at the Annual Meeting, Board Meetings and any special called meeting in the absence of the President.

(d)            SECRETARY/TREASURER:

The Secretary/Treasurer shall be employed as a three (3) year independent contractor for the Association.

(1)            The Secretary/Treasurer shall maintain and keep all records of meetings,                                    legal and business transactions and annual elections.

(2)            The Secretary/Treasurer shall attend the Annual Conference.  The Secretary/Treasurer shall be responsible for all accounts receivables and accounts payable.  An accounting of the Association treasury shall be distributed to the Officers of the Board.

(3)            The position of Secretary/Treasurer shall be a non-voting position-appointed by the President and confirmed by the Board of Directors.  The Secretary/Treasurer is specifically designated as an independent contractor position.  The contract fee is to be set by the Board of Directors.

(4)            The Secretary/Treasurer is responsible for keeping records on the expiration date of each board seat.

(5)            The Secretary/Treasurer shall not draw any check against said account of the Association or create any obligation against said account funds except when authorized by the President of the Association.

(e)            BOARD OF DIRECTORS

(1)            All corporate powers shall be exercised by and under the authority of appropriate Officer and the Board of Directors.  All business matters shall be managed with the direction of the Board of Directors.

(2)            The number of seats on the Board of Directors shall be as above with a total of Six (6) voting members and One (1) non-voting member.  The President of the Association votes only in the event of a tie vote of the board.  Members of the Board of Directors and their voting capacity at any Board Meeting are as follows: to wit

1. President of the Association – Tie breaking vote only

2. President Pro Tem – Non-voting member of the Board

3. Vice-President/President-Elect – Voting member of the Board

4. Board Members (4 seats) – Voting Member of the Board

5. Secretary/Treasurer (contract employee) – No Board Vote

(3)            The seat of the President is not subject to election at the annual conference.  The term of office for the President is two (2) years.  In the event the President dies, resigns, becomes incapacitated  or is otherwise removed from office, the Vice-President shall assume the unexpired term of the President.  At the end of said term, the Acting President shall then fill his/her two year term as President based on his/her elected term as Vice-President.

(4)            The seat of the Vice-President is subject to election at the annual conference.  The term of office for the Vice- President is two (2) years.  In the event the Vice-President dies, resigns, becomes incapacitated or is otherwise removed from office, the President shall appoint a voting member of Board of Directors to fill the unexpired term of the Vice-President.  This appointment must be ratified by the board.  At the end of said term, the Vice-President shall then fill the two year term as President.  Therefore, the office of Vice-President will be up for election.

(5)            The seats are subject to election at the annual conference.  The term of office for the board seats are three (3) years.  In the event any Board Member dies, resigns, becomes incapacitated or otherwise removed from office, the Board of Directors shall appoint a member of the association to fill the unexpired term of such board member.  To ratify the member chosen the vote must pass with Four (4) members in favor.

(6)            The Board of Directors shall establish an appropriate chain of responsibilities for any organization structure and committees which it may create.

(7)            All terms will begin at the end of the annual association meeting.

(8)            All scheduled board meetings will be attended by the elected officers, board members and secretary/treasurer.  The board shall meet a minimum of four (4) times per year.

CERTIFICATION OF ADOPTION

The undersigned Secretary/Treasurer of the Alabama Municipal Court Clerks and Magistrates Association hereby certifies that the preceding By-Laws were duly approved and adopted by a majority vote of the Membership present in person at the annual meeting held on the 26th day

of June, 2009.

Joy Evans, Secretary/Treasurer

Alabama Municipal Court Clerks and Magistrates Association