Definition: As used in these Bylaws, the abbreviation “ACA” shall mean the American Correctional Association and the abbreviation “TCJA” shall mean the Texas Criminal Justice Association.
SECTION I: COMPOSITION
Membership in the ACA and the TCJA shall be open to any person who is interested in and supportive of the objectives of the ACA, who subscribes to the ACA's and the TCJA’s Constitution and Bylaws and who pays annual dues, unless the person is a Life Member.
SECTION 2: TYPES OF MEMBERSHIP
The membership categories will be in accordance with those established by the American Correctional Association.
SECTION 3: APPLICATION FOR MEMBERSHIP
Application must be in writing upon the form accepted, or prescribed by the ACA.
SECTION 4: TERMINATION OF MEMBERSHIP
The ACA shall have the power and responsibility to terminate the membership of any ACA and TCJA member for non-payment of dues.
SECTION 1: GOVERNING BODY
The TCJA shall be governed by its membership, the Board of Directors and the Officers.
SECTION 2: OFFICERS
A. The Officers of the TCJA shall be the President, immediate Past President, President-elect, Vice President, Secretary, and Treasurer. The officers shall have such powers and perform such duties as may be provided by these Bylaws, parliamentary authority of the TCJA, or as the Board of Directors may determine.
B. Only persons who are members of the ACA and the TCJA in good standing shall be eligible for office.
C. The officers shall be elected by a plurality vote of the TCJA. The vote shall be by mailed ballot as prescribed in Article III of these Bylaws.
D. The term of office of the President and President-elect shall be limited to two (2) years following installation (or until the end of the respective term of the predecessor if the person shall not have completed such term) and until the election and qualification of a successor. The Vice President, the Secretary, and the Treasurer are elected for two (2) years and may serve two (2) consecutive terms, or four (4) consecutive years.
E. In the event that the Vice President, Secretary, or Treasurer, cannot fulfill the term of that office or his or her duties, the Board of Directors shall appoint a person from the membership at large to serve for the balance of the term. To receive the appointment from the Board, the member must receive a majority vote of the Board of Directors.
F. In the event that the President cannot fulfill the term of that office or his or her duties, the Vice President shall succeed to that office for the balance of that term.
G. In the event that the President-elect cannot fulfill the terms of that office or his or her duties, the Board of Directors shall hold a Special Election. The election shall be consistent with Article III.
SECTION 3: DUTIES OF OFFICERS
A. The duties of the Officers shall be such as are implied by their respective titles and such as are specified in these Bylaws. Each officer shall keep accurate records of his/her work and turn them over to his/her successor.
B. PRESIDENT: The President shall preside at the Annual Conference of the TCJA and at all meetings of the Board of Directors. The President shall appoint the chairperson of each Standing Committee from the members of the Board and have final approval of all committee members. The President may appoint chairpersons of all other committees from the membership at large. The President shall be an ex-official voting member of all committees, except the Nominating Committee, and shall be given notice of and shall have the right to attend all committee meetings. However, unless the President is designated by these Bylaws or by the Board of Directors, as a regular member of the committee, the President shall be under no obligation to attend such meetings and shall not be counted to determine the number necessary to make a quorum or to determine whether or not a quorum is present.
The President shall serve as the Chairperson of the Board of Directors. The President is the official spokesperson for the TCJA during his/her term of office and shall speak and act on behalf of the Board of Directors between regularly scheduled meetings within existing policy and professional concerns that have been addressed by the Board of Directors. The President shall have such other duties as may be assigned from time-to-time by the Board of Directors
With reference to emergency financial requests, the President may approve expenditures within budgetary constraints and that do not exceed $250.00 without prior Board approval. The President shall report to the Board of Directors all issues addressed and actions taken in keeping with the provisions of this paragraph.
C. PAST PRESIDENT: The immediate Past President shall have such general administrative and other duties as may be assigned from time-to-time by the President or the Board of Directors. The Past President shall be the Chairperson of the Nominating Committee.
D. PRESIDENT-ELECT: The President-elect shall have such general administrative and other duties as may be assigned from time-to-time by the President or the Board of Directors and shall be available to consult with and be of assistance to Committee Chairpersons.
E. VICE PRESIDENT: The Vice President shall have general administrative duties under the direction of the President and such other duties as may be assigned from time-to-time by the Board of Directors. In the temporary absence or disability of the President, the Vice President shall have the powers and duties of the President.
F. SECRETARY: The Secretary will keep an accurate and permanent written proceeding of the meetings of the TCJA and of the Board of Directors. The Secretary shall also maintain a current mailing list of all TCJA members and Committee members and shall preserve in a permanent file all records and letters of value to the TCJA and its Board.
G. TREASURER: The Treasurer shall be the financial officer of the TCJA and shall be responsible for the custody and disbursement of TCJA funds and other assets. The Treasurer shall also be the legal custodian of the financial records of the TCJA and shall have charge of the investment of the TCJA funds subject to the approval of the Board of Directors. The Treasurer shall give such bond for the faithful discharge of his/her duties as the Board of Directors may require, at the expense of the TCJA, and shall perform such duties as may from time-to-time be assigned by the President or the Board of Directors. The Treasurer shall keep an itemized record, in a permanent file, of all receipts and expenditures, prepare and present a financial report quarterly to the Board of Directors, and shall prepare all financial records for an independent audit as called for in these Bylaws. The Treasurer shall turn over to his/her successor, within thirty (30) days of the end of his/her term, all books, records and papers relating to the TCJA’s financial business.
SECTION 4: BOARD OF DIRECTORS
A. The Board of Directors shall consist of twelve (12) members, including the five (5) elected officers of the TCJA, the immediate Past President and six (6) Members-at-Large. All members on the Board shall have the right to vote unless otherwise restricted by these Bylaws.
B. Only persons who are members of the ACA and the TCJA in good standing shall be eligible to serve on the Board of Directors.
C. The term of office for the Members-at-Large of the Board of Directors shall be two (2) years or as otherwise specified in these Bylaws. At-Large Members may serve two (2) consecutive terms, or four (4) consecutive years.
D. The Members-at-Large of the Board of Directors shall be elected by a plurality vote of the TCJA. The vote shall be by a mailed ballot as prescribed in Article III of these Bylaws.
E. In the event that a Member-at-Large of the Board of Directors cannot fulfill the term or duties of that office, the Board of Directors may appoint a person from the membership-at-large to serve for the balance of the term. To receive the appointment from the Board, the member must receive a majority vote of the Board of Directors. The person filling the vacancy must come from the same discipline of the seat which was vacated as listed in Article III, Section 1. of these Bylaws.
F. Any member of the Board of Directors may resign at any time by giving written notice to the President. Such resignation shall take effect at the time specified therein.
G. Any member of the Board of Directors who is absent without cause for three (3) consecutive meetings of the Board of Directors may be removed from office by a majority vote of the Board, provided there is a quorum, including not less than three (3) officers of the TCJA, present at the meeting of the Board at which such action is taken.
SECTION 5: POWERS AND DUTIES OF THE BOARD OF DIRECTORS
A. The Board of Directors shall exercise all powers of the TCJA as specified in these Bylaws.
B. The Board of Directors shall:
1. Supervise the affairs of the TCJA and shall transact any business of the TCJA between Annual Conference meetings,
2. Establish policy and determine professional concerns of the TCJA,
3. Establish TCJA goals, plans, and priorities,
4. Approve the President’s charges to committees and the establishment of Ad Hoc committees,
5. Approve the TCJA’s budget and maintain prudent fiscal control,
6. Fill interim vacancies for the Board of Directors and Officers of the TCJA as stated in these Bylaws.
7. Make recommendations to the TCJA regarding proposed amendments to the Constitution and Bylaws,
8. Consider all recommendations proposed by committee Chairpersons or by the TCJA,
9. Establish and/or dissolve committees and task forces based on the needs of the TCJA,
10. Supervise and support programs for the recruitment of new members,
11. Establish the time and place for the Annual Conference and any required special meetings,
12. Approve the Annual Conference theme and all workshops,
13. Establish correctional awards and scholarships, and
14. Hold such other powers as defined or as required in the Constitution and Bylaws.
SECTION 6: MEETINGS OF THE BOARD OF DIRECTORS
A. The Board of Directors shall hold meetings, at least quarterly, one of which shall be at the Annual Conference.
B. Special meetings shall be held at the call of the President or by petition of the majority of the Board.
C. Eight (8) members of the Board of Directors, including not less than three (3) officers of the TCJA, shall constitute a quorum for the transaction of all business. Proxies are permitted for voting and may be used for determining a quorum.
D. The current issue of “Robert’s Rules of Order Newly Revised” shall govern the meetings of the Board of Directors.
NOMINATION, ELECTION AND INSTALLATION OF
OFFICERS AND BOARD OF DIRECTORS
SECTION 1: REPRESENTATION FROM VARIOUS DISCIPLINES
All Officers and Members of the Board of Directors may represent any of the following major criminal justice disciplines and all disciplines shall be represented on the Board whenever feasible.
A. Adult Community Based Services - probation and parole, local detention, residential care and community diversion
B. Juvenile Community Services - prevention, probation, parole and aftercare, local detention and residential care
C. Adult Institutions
D. Juvenile Institutions
E. Correctional Healthcare Organizations
F. Administration and Support
H. Private Correctional Programs
I. Other areas identified by the Board of Directors
SECTION 2: NOMINATIONS
The Nominating Committee shall prepare a slate of candidates for the biennial election. There shall be a minimum of two (2) nominees for each office and at least nine (9) nominees for Members-at-Large of the Board of Directors.
SECTION 3: ELECTIONS
A. The election of the Officers and Members-at-Large of the Board of Directors shall be by a ballot mailed to each TCJA member eligible to vote. Such ballot shall contain the slate of candidates prepared by the Nominating Committee and shall contain a provision for write-in votes.
B. Ballots will be mailed to voting members at least thirty (30) days prior to the Annual Conference. The marked ballot shall be received at a location designated by the Board of Directors no later than five (5) calendar days prior to the Annual Conference.
C. Procedures for counting the mail ballots will be established by the Board of Directors in accordance with the procedures for a mailed secret ballot outlined in the parliamentary authority of "Robert's Rules of Order Newly Revised." Ties will be broken by a random draw.
D. The nine (9) individuals who receive the highest number of votes for
the Member-at-Large positions on the Board of Directors shall be elected to the Board of Directors.
E. There will be no voting by proxy.
F. The Board of Directors may establish procedures for special elections.
SECTION 4: INSTALLATION
The Officers and members of the Board of Directors shall be announced at the Annual Conference and shall assume their respective duties on the first day of January of the year following the election, unless they are filling an unexpired term, in which case their term will begin upon appointment or election to that specific office.
COMMITTEES AND TASK FORCES
SECTION 1: FORMATION OF STANDING COMMITTEES
The President of the TCJA shall appoint the Chairperson of each Standing Committee from the members of the Board and shall have final approval of all committee members or as otherwise specified in the Bylaws. In making appointments to the standing committees the President shall give considerations to:
A. Representation of a variety of criminal justice disciplines.
B. Geographic distribution.
C. Special expertise.
SECTION 2: TERM OF OFFICE
The term of office for each committee member or task force member shall be two (2) years, or as otherwise specified in these Bylaws, and shall end when the President’s term ends or when removed by the President.
SECTION 3: COMMITTEE REPORTS
All committees and task forces shall file written reports with the Board of Directors at least annually and shall present oral reports when requested.
SECTION 4: DUTIES OF STANDING COMMITTEES
A. CONSTITUTION AND BYLAWS COMMITTEE: It shall be the duty of the Constitution and Bylaws Committee to study the TCJA’s Constitution and Bylaws and to propose additions and revisions as needed.
B. MEMBERSHIP COMMITTEE: It shall be the duty of the Membership Committee to promote membership in the ACA and the TCJA, to develop strategies for recruiting members, and to make recommendations to the Board of Directors for retaining members.
C. NOMINATING COMMITTEE: It shall be the duty of the Nominating
Committee to coordinate the screening and selection of nominees for all Offices and positions on the Board of Directors. The immediate Past President shall be chairperson of this Committee.
D. CONFERENCE PLANNING COMMITTEE: It shall be the duty of the Conference Planning Committee to plan a well-coordinated Annual Conference for the TCJA in harmony with the objectives of the American Correctional Association and the TCJA, to accept bids from any city interested in hosting the Annual Conference, and to recommend a Conference theme and workshops to the Board of Directors.
E. PUBLICATION/PUBLIC RELATIONS COMMITTEE: It shall be the duty of the Publication/Public Relations Committee to develop and publish a TCJA newsletter for the membership, to develop and publish public educational materials for the members to use in speaking engagements, to gather and maintain criminal justice information on exemplary programs in and outside of Texas and to disseminate such information upon request.
F. PROFESSIONAL TRAINING/SCHOLARSHIP AND AWARDS
COMMITTEE: It shall be the duty of the Professional Training/Scholarship and Awards Committee to promote participation in and support the development of training programs and curricula in criminal justice at secondary schools, universities and colleges in Texas. It shall also be the responsibility of this Committee to develop eligibility criteria and procedures by which scholarships may be provided to persons pursuing a career in criminal justice when financially feasible for the TCJA. The Committee may also recommend to the Board of Directors that the TCJA make specific awards to members for their accomplishments and/or contributions to the field of corrections.
SECTION 5: OTHER COMMITTEES AND TASK FORCES
The President may appoint from time-to-time such other committees or task forces to advance the purposes of the ACA and the TCJA. Such committees or task forces shall exercise such powers and perform such duties as may be prescribed by the President and approved by the Board of Directors. Members of such committees or task forces need not be members of the Board of Directors, but shall be members of the ACA and the TCJA. The Board of Directors shall review bi-annually the composition and duties of such committees or task forces.
SECTION 1: ANNUAL CONFERENCE
There shall be an Annual Conference as scheduled by the Board of Directors. The Conference Planning Committee shall be responsible for the organization and implementation of the Annual Conference. The details of such meetings shall be prepared and disseminated to the membership.
SECTION 2: DELEGATES TO THE ANNUAL CONGRESS OF CORRECTIONS AND THE MID-WINTER CONFERENCE
The TCJA shall send the President as a Delegate to the Annual Congress of Corrections and the Winter Conference of the American Correctional Association each year; and when financially feasible the TCJA may defray all or part of the expenses. The Board of Directors may also elect to reimburse the President-elect or additional representatives to the extent that TCJA finances allow.
Consideration should be given to sending additional delegates to ensure proper voting strength at the Delegate Assembly meetings. Careful consideration should be given to the financial status of the TCJA when this decision is being made.
The dues structure and membership categories will be in accordance with those of the American Correctional Association. A member is in good standing when his or her dues are current.
This article will be added when the TCJA’s Incorporation is fully approved.
SECTION 1: Amendments
These Bylaws may be amended by action of the general membership.
SECTION 2: Board Recommendations
All proposed amendments to the Bylaws shall be reviewed and recommended by the Board of Directors.
SECTION 3: Voting on Amendments
Proposed amendments shall be presented to the general Membership by mail ballot. For the amendment to pass, a majority of those voting must vote in favor of the amendment. The effective date of the amendment shall be contained within the amendment. Ballots shall be mailed to voting members at least thirty (30) days prior to the effective date of the amendment. All other procedures for mail balloting shall be in accordance with Article III, Section 3, Elections.
SECTION 1: PRESIDENT AS SPOKESPERSON
The President is the official spokesperson for the TCJA. No TCJA member shall speak on behalf of the TCJA without the written approval of the Board of Directors.
SECTION 2: FISCAL YEAR OF THE TCJA
Upon ratification of these Bylaws, and beginning on January 1, 2016, and every year thereafter, the Fiscal Year of the TCJA shall begin on January 1 and end at the close of business on December 31.
SECTION 3: INDEPENDENT AUDITS
An independent audit of TCJA funds will be conducted whenever the Treasurer is replaced or at least every two years.
SECTION 4: EFFECTIVE DATE OF THESE BYLAWS
Following their ratification, these Bylaws will become effective on January 1, 2016.
CONSTITUTION OF THE
TEXAS CRIMINAL JUSTICE ASSOCIATION (TCJA)
March 1, 2015
As used in this Constitution, the terms “corrections” or “correctional” shall include adult and juvenile, local, state and federal regional detention facilities, probation and parole agencies, adult and juvenile correctional facilities, and community-based programs for offenders. Governmental agencies, regional commissions and/or private agencies and corporations may administer these programs.
I. The name of the Association shall be the Texas Criminal Justice Association, a Dual-Member Chapter of the American Correctional Association.
II. The Association shall be non-sectarian and non-partisan.
III. The purposes of the Texas Criminal Justice Association are as follows:
1. Provide a professional development association of persons, agencies, and organizations, both public and private, who hold in common the goal of the improving of corrections profession through education of its members, provision of scholarship support for educational and training activities, and advocating professional standards for the corrections profession.
2. Support life-long learning for individuals engaged in or retired from the corrections profession or closely related fields. This includes individuals employed by correctional, judicial or criminal justice agencies, volunteers and ex-offenders.
3. Support laws, policies, and administrative procedures to safeguard the rights of the correctional workers, victims, and offenders in the adult and juvenile correctional process.
4. Promote recognition of corrections as a profession, and those who work in corrections as professional, and to ensure the validity of that recognition by encouraging the recruitment and development of professional and highly qualified staff.
5. Ensure the representation of minorities, women, and other protected classes in the ranks of corrections professionals and to inform policymakers and the public of the importance of such representation for a safe and effective corrections system.
6. Develop and maintain collaborative relationships with other correctional associations and agencies for mutual assistance and the interchange of ideas and information.
7. Foster a professional Code of Ethics that is applicable to all individuals working or volunteering in the public and private correctional agencies, institutions, programs and services throughout the corrections profession.
8. Promote adherence to professional standards, including accreditation by national organizations, relating to correctional services, facilities and management practices.
9. Publicize and interpret current correctional issues to the public in order to obtain understanding, support and participation.
10. Encourage the expansion of on and off campus undergraduate and graduate courses, which would prepare individuals for entry into the corrections profession and promote the maintenance and enhancement of the practitioner’s knowledge and skills.
11. Conduct or sponsor correctional conferences, congresses, institutes, forums, seminars and other meetings on the state and local level.
IV. The business affairs and the programs of the Association shall be conducted on a non-discriminatory basis. Membership shall be available to anyone regardless of age, race, religion, color, national origin, marital status, disabilities, or sex.
Individuals and organizations may be admitted to membership in the Association as provided in the Bylaws.
V. Non-Profit Status – The Texas Criminal Justice Association considers itself to be a not for profit organization and will apply for IRS recognition under Section 501 (c)3
Upon dissolution and liquidation of the Texas Criminal Justice Association the Texas Criminal Justice Association shall, after paying or making provisions for the payment of any liabilities of the Texas Criminal Justice Association, dispose of all the assets of the Texas Criminal Justice Association exclusively for the purposes of the Texas Criminal Justice Association in such a manner, and to such organization(s) organized and operated exclusively for charitable, educational, religious or scientific purposes, as shall at the time qualify as an exempt organization under Section 501 (c)3 of the Internal Revenue Code od 1954, as amended, as the Texas Criminal Justice Association determine. Any assets not so disposed of shall be disposed of by a court of competent jurisdiction in the City of Conroe, Texas in which the principal office of the Texas Criminal Justice Association is located, exclusively for such purposes, or to such organizations as such court shall determine.
VI. Amendments – Changes to the Texas Criminal Justice Association can be made in the same manner as prescribed in the Texas Criminal Justice Association Bylaws, following such procedures as are contained in the current Texas Criminal Justice Association Bylaws.
VII. Principal Office – The principal office of the Texas Criminal Justice Association will be maintained in the City of Conroe Texas.
Approved effective March 1, 2015
Texas Criminal Justice Association
Jason L. Chavers, President - TCJA
Date: March 1, 2015