MINNESOTA ASSOCIATION FOR GUARDIANSHIP AND CONSERVATORSHIP
An organization to explore substitute decision-making
Incorporated March 1989Amended October 1992
Amended October 1996
Amended March 2000
Reprinted April 2002
Amended September 2003
Article I Name Article II Philosophy & Mission Statement Article III Purpose Article IV Membership Article V Officers Article VI Election/Appointment & Term of Office Article VII Committees Article VIII Advisory Council Article IX Executive Board Article X Control by the Executive Board Article XI Executive Director Article XII Dissolution Article XIII Rules of Order Article XIV Effective Date Article XV Meetings of General Membership Article XVI Dues Article XVII Amendments Article XVIII Fiscal Year Article XIX Regional Activities Article XX Logo
The name of this association is the Minnesota Association for Guardianship and Conservatorship (MAGiC), an organization to explore substitute decision-making.
Article II: Philosophy and Mission Statement
MISSION STATEMENT
All persons are entitled to independence regarding their quality and style of life. Vulnerable individuals, however, may require assistance with decision-making while respecting their dignity, autonomy, and well-being.
The Minnesota Association for Guardianship and Conservatorship (MAGiC) is a membership organization to explore substitute decision-making. MAGiC brings together and suppor professional who are committed to ensuring that the appropriate level of quality substitute decision-making is applied consistently.
The organization provides education and communication for those interested in guardianship or less restrictive services.
The purposes for which this association is organized are exclusively charitable and educational within the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1954, as amended, and as so expressly limited shall be:
To provide for the exchange of ideas, education, and communications between groups and individuals interested in providing or furthering guardianship services or alternative protective services to person in need of such services. Objectives of the association shall include but not be limited to the following: the promotion of relevant public policy, advocacy, research, and the development of standards for providing services to vulnerable persons who are elderly, who have mental illness, who have a developmental disability, or who are otherwise at risk.
To establish a statewide forum for professionals and others interested in substitute decision-making.
To sponsor training and on-going education for conservators/guardians and other substitute decision makers with accompanying continuing education units (C.E.U.s, C.L.E.s, etc.).
To educate the general public, families, etc. on substitute decision-making issues and alternatives.
To establish standards of conduct, responsibility, and function that could lead toward Certification.
To serve as a referral agency for its members.
To serve as a clearing house for the dissemination of information and assistance.
To serve as a collection base for statewide data and indicators, including incidence.
No substantial part of the activities of this association shall attempt to influence legislation, participate or intervene on behalf of or in opposition to any candidate for public office or political party, and no part of the net earnings or other assets of the association shall contribute to any organization that does not conform to the requirements set forth in this paragraph
Article IV: Membership(effective 10/1/04)
Membership Qualifications. Membership in this association is available to persons and organizations professionally involved and/or interested in the purposes of this association. All such persons and organizations shall be eligible for membership without regard to race, age, religion, national origin, sex, sexual orientation, or handicap. There shall be four categories of membership. The Executive Board shall have the authority to set membership dues.
Individual Membership. Individual membership in the association is open to individuals who are professional guardian/conservators, attorneys, family members, and those who are interested and involved in guardianship/Conservatorship or the substitute decision-making process. Individual members may serve as directors or officers and shall have the right to vote.
Agency Membership. Agency membership is open to any not-for-profit firm or other not-for-profit entity that has a supportive interest in the substitute decision-making process. This category may include but is not limited to, county and state departments, community/human services, adult protection agencies, social service agencies and associations, and other such entities whose function enables substitute decision-making or advances the guardianship/Conservatorship process. Agency membership entitles the agency to one vote.
Honorary Membership.
Honorary life members shall be persons of distinction who may be elected to honorary membership of MAGiC by the active membership following nomination by the Executive Board. Honorary members shall pay no dues, and may participate in meetings without power to vote. The may attend conferences and other functions of MAGiC at the member discount rate, or the fee may be waived by the Executive Board.
Other honorary memberships and recognitions can be granted at the discretion of the Executive Board.
Section One. The officers of the association are Past President, President, Vice President, Recorder, Treasurer, and Member-at-Large. These officers shall be elected by the membership.
Section Two. Officers must be an individual member, or a representative of an organizational member, of the association. No one may hold more than one office at a time. Officers may serve no more than two consecutive two-year terms in the same office.
Section Three. A vacancy in any office shall be filled for the remainder of that term by appointment by the Executive Board.
Section Four. An officer may be removed for good cause by a 2/3 vote of the Executive Board.
Section Five. The duties of the officers will include, but not be limited to, those listed below.
Past President. The Past President serves as historical memory and advisor. The Past President may chair or serve on any committees agreed upon. The Past President is a voting member of the board.
President. The President shall preside at the meetings of the Executive Board and General Membership, and performs other duties as necessary. The President may sign on behalf of the association all instruments which the Executive Board has authorized.
The President is an ex officio member of all standing committees, and is a non-voting member of the Executive Board except when acting in the role of tie-breaker.
Vice President. In the absence of the President, the Vice President shall perform the duties of the President, and when so acting, shall have all of the powers and restrictions of the office of President. The Vice President shall carry out special duties as assigned by the Board or the President. The Vice President may chair a standing committee if so assigned.
Recorder. The Recorder shall record the minutes of all meetings of the general membership and of the Executive Board, and present minutes of previous meetings. The Recorder or his/her designee will submit a summary of Board meetings for the quarterly publication, and will act as custodian of the association records.
Treasurer. The Treasurer shall be responsible for the receipt of funds, payment of bills, and maintenance of all financial records. The Treasurer will submit a detailed written report on financial status at all meetings of the Executive Board and the General Membership. The Treasurer will maintain a checking account in the name of the association that can be accessed only by the Treasurer, or the President, or as fixed by resolution of the Executive Board. The Treasurer will Chair the Finance Committee. In the absence of the President and the Vice President, the Treasurer shall perform the duties of the President, and when so acting, shall have all of the powers and restrictions of the office of President.
Member-at-Large. There will be one Member-at-Large for each 100 members of the association. This officer will function as a special projects manager as defined by the Board; or be assigned as a standing committee chair.
Article VI: Election/Appointment and Term of Office
Section One. The Nomination Committee shall prepare a list containing the names of the nominees for the various offices. Consent of the nominees must be obtained prior to placement on the ballot. The ballot shall be mailed to the total membership not later than 45 days prior to the date of the last day of the membership year.
The ballot shall be returned to the Nominations Committee Chair no later than 15 days prior to the last day of the membership year. The Nominations Committee Chairperson shall announce the results of the election at the annual conference and general membership meeting each year. The Nominations Committee Chair, or the designee, shall retain all ballots for a period of one year following the election and then destroy them. A simple majority vote of ballots received from all eligible voting members will determine the outcome of the election.
Section Two. Term of Office. The initial Executive Board members of the association shall serve a two-year term until the first meeting of the General Membership at the beginning of the third membership year. Thereafter, all standing committee chairs and officers will serve for a term of two years, or until their successors are elected and installed.
Section Three. Consecutive Term of Office. Elected officers shall serve for no more than two consecutive terms in the same office. Chairs shall serve no more than two consecutive terms in the same position.
Section Four. Commencement of Term. The term of office for newly elected officers shall commence at the close of the membership year at which the election results are announced.
Section One. Standing Committees. The standing committees of this association shall be: Standards, Bylaws, Finance, Membership, Member Services, Nomination, Legislation, Journal, and Conference Committee. All standing committees shall submit a summary report at the end of the program year.
Section Two. Committee Changes. Additional committees of the association shall be formed as deemed necessary by the President and/or Executive Board. They shall be given a charge by the President at their formation and shall conduct themselves in a manner similar to standing committees. Committees can be abolished by the Executive Board. Any changes deemed permanent shall be written into the bylaws biennially.
Section Three. Appointment of Chairperson. Appointment of Chairperson shall be made by the President of the association and approved by the Executive Board.
Section Four. Bylaws Committee. The Bylaws Committee shall review the bylaws on at least a biennial basis and draft any proposed amendments to be presented to the Executive Board for review and consideration by the General Membership for approval.
Section Five. Membership Committee. The Membership Committee shall receive membership applications. It also has the responsibility to actively seek new members through continued outreach activities. The Membership Committee shall keep track of all members and send renewal notices as needed. This standing committee shall publish annually to the membership a member’s booklet. The Membership Committee will keep the Executive Board apprised at all times of membership status. The Membership Committee will establish and review criteria for sustaining membership.
Section Six. Conference Committee. The Conference Committee shall be responsible for planning the annual conference for the association, and other educational or other types of programs as the Executive Board or the President may request.
Section Seven. Nomination committee. a) The Nomination Committee shall be responsible for soliciting recommendations and selecting from general members in good standing, individuals who are interested in being candidates for the offices of the association, and shall present recommended nominees to the general membership. Any member may nominate another member for an office of the association by contacting a member of the Nomination Committee. b) This committee shall be responsible for the preparation of an election ballot, its distribution, collection, and tallying of results. c) This committee shall be responsible for soliciting nominations for awards and putting forth recommendations to the Board of award recipients. Any member may nominate another member for an award by contacting a member of the Nomination Committee.
Section Eight. Legislative Committee. The Legislative Committee shall be responsible for (1) the association’s knowledge of current and planned state and federal legislation affecting the purposes and objective of the association, and (2) recommending appropriate action.
Section Nine. Standards Committee. The MAGiC Standards of Practice Committee shall review the standards on a least a biennial basis and draft any proposed amendments to be presented to the Executive Board for review and consideration by the general membership for approval.
Section Ten. Journal Committee. The Journal Committee shall publish the association’s periodical at least quarterly, which will be distributed to the general membership. The Journal Committee Chair will be the editor.
Section Eleven. Finance Committee. The Finance Committee shall be responsible for the development of the association budget for presentation to the Executive Board annually. The Finance Committee shall be chaired by the Treasurer. The annual report to the Executive Board shall consist of budget, including revenue, expenditures, and encumbered accounts. The Finance Committee shall coordinate and/or be involved in all fundraising activities.
Section Twelve. Member Services Committee. The Member Services Committee shall be responsible for developing a package of services as benefits to members and potential members. The Member Services Committee shall be responsible for the developing and offering a wide range of member services designed to meet the proposed needs of this association’s members. Services to be offered to members will be determined based on the input generated by a written survey distributed as needed. The survey will ask members to evaluate current service offerings and to suggest new services that promote the growth and development of this association and members.
Section Thirteen. Grants Committee. The Grants Committee shall be responsible as appropriate for seeking grants and other funding sources to support efforts within the organization.
Article VIII: Advisory Council
The Executive Director and/or the Executive Board may establish an Advisory Council. The Advisory Council acts in an advisory capacity to apprise the Executive Board of current issues and ramifications of various viewpoints on those issues. The Advisory Council may recommend actions to be taken on the various issues. The Executive Board shall take the Advisory Council’s recommendation under advisement, but is not required to act in the manner the Advisory Council has recommended. The executive Board may or may not take the issue and recommendation to the general membership to be decided.
Membership of the Advisory Council shall consist of no more than ten members. Membership may consist of legal representatives, representatives from a probate court, family members, medical representatives, guardians or conservators, and social services representatives. The Advisory Council may invite ad hoc members to advise on specific issues.
Section one. Management.
The Executive Board shall consist of the officers and standing committee chairs of the association.
The management, direction, and control of the properties, operations, and activities of the association shall be vested in the Executive Board.
Section two. Qualification.
All officers and chairs must be members.
All officers and chairs must live in Minnesota.
Section three. Number and Election.
The officers and chairs shall be determined by the Bylaws.
The officers shall be elected by the members prior to the annual meeting. Each officer shall hold office for the term elected and until a successor has been elected and qualified.
Section four. Vacancies.
Any vacancy occurring in the Executive Board may be filled by the Executive Board.
Nonattendance at any two (2) regular meetings of the Executive Board within a calendar year may be considered by the Executive Boards as a resignation of that Executive Board member.
Section five. Powers and Duties.
The Executive Board shall determine the general policies for the operation and control of the association and its various activities. It shall acquire funds for the operation, maintenance, and repair of the buildings and other property of the association. It shall consider and adopt an annual budget and control the revenue and expenditures not covered by the annual budget. It shall report these matters to the members in an annual report.
The Executive Board shall have direction of all funds of whatever character held for the benefit of the association; shall have full and complete power in the name of the association, to convey, sell, assign, transfer, lease, mortgage, pledge, exchange, or otherwise dispose of any real or personal property of the association; and to borrow money for its corporate purposes at such rates of interest as said Board may determine; and shall have the power and right to authorize the officers of the association to execute, acknowledge, and deliver conveyances, deeds, leases, notes, trust deeds, mortgages, contracts, and other instruments for the purpose of effectuating said purposes, or any of them. No contracts of the association shall be valid unless authorized or approved by the Executive Board.
Section six. Meetings of Executive Board.
Regular meetings of the Executive Board shall be held one time per month on such day as the Board shall fix. A meeting may be cancelled at the discretion of the Board with a minimum of nine (9) meetings per membership year. The Recorder shall give not less than fourteen (14) days notice of any regular meeting, and, if mailed, such notice shall be deemed to be delivered when deposited in the U.S. mail, postage prepaid, and addressed to the last known address of the member of the Board.
Special board meetings may be called by the President, the Vice President, or any three (3) members of the Board. The Recorder shall give not less than seven (7) day’s notice of any special meeting. Such notice shall be deemed to have been given upon telephone contact.
Fifty-one percent (51%) of the Board members shall constitute a quorum.
Article X: Control by the Executive Board
All committees, and their chair shall be subject to the control and direction of the Executive Board and shall make such reports from time to time as the Executive Board or President may request.
Article XI: Executive Director
Section one. Appointment. The Executive Board may, as such time as it sees fit, appoint a paid Executive Director as the chief executive officer of the association. Said Executive Director shall be a non-voting member of the Executive Board, and shall attend meetings of the Executive Board.
Section two. Duties and Powers.
The Executive Director shall be empowered to act at the direction and discretion of the Executive Board.
The Executive Director shall have the authority and power to deal with any and all matters of the association and its interaction with subsidiary, support, and related corporation or entities, and to take action in connection therewith.
The Executive Director shall have all authority and power to handle the daily management aspects of the association and its interrelationship with all other entities.
The Executive Director shall be responsible for the management, direction and control of the properties, operations, and activities of the association under the direction of the Executive Board.
Article XII: DissolutionVoluntary dissolution of the association may only occur upon a majority vote of the members following notification. In the event of dissolution of the association, the funds and assets of the association, after payment of all obligations, shall be distributed to an organization that is qualified under sections 501 (c)(3) and 509 (A)(1) and (2) that has purposes and objectives similar to the entities being supported by the Minnesota Association for the Guardianship and Conservatorship, or other entities as determined by the Executive Board.
Article XIII:Rules of OrderRobert’s Rules of Order shall be applicable at all times when not in conflict with the Bylaws of the association.
Article XIV:Effective DateThese Bylaws shall become effective September 1, 1991. These Bylaws were amended by the General Membership October 1992. These revised bylaws were approved by the General Membership October, 1996. These Bylaws were amended and the revisions approved by the General Membership March, 2000.
Article XV: Meetings of General Membership
Annual Business Meeting. There shall be an annual business meeting of the association at the annual conference. The annual business meeting will be announced by mail to all current members at least sixty (60) days in advance. The annual business meeting shall include the installation of elected officers and Members-at-Large and the appointment of standing committee chairs.
Voting at Annual Business Meeting. The annual business meeting may be used as a voting forum for the General Membership on any issue properly presented to the Executive Board at least sixty (60) days in advance of the annual business meeting. Issues to be voted on at the annual business meeting must be announced by mail to all current members at least thirty (30) days in advance. Decisions reached at the annual membership meeting shall be determined by a simple majority of those present and voting, combined with written proxy votes.
Proxy Votes at the Annual Business Meeting. Any member may request proxy material from the Executive Board. There shall be instructions included on the announcement of the annual business meeting explaining how to obtain these materials.
Special Meetings of the General Membership. Special meetings of the General Membership may be called in any one of the following ways: by the President; by a majority of the Executive Board; by 20% of the general membership. Voting at special meetings will be followed in the same manner as at the annual business meetings.
Article XVI: DuesDues shall be established by the Executive Board. Dues shall be payable September 1 of the calendar year; membership will be good for September 1 through the following August 31.
Article XVII: AmendmentsThe Bylaws of this organization may be modified, amended, or repealed only by mailed ballot to entire general membership. Proposed changes may be made by the Executive Board or the Bylaws Committee; the Recorder shall be responsible for mailing such proposals and ballots to the General Membership at least forty-five (45) days prior to the annual conference. Amendments must be approved by a 2/3 majority of the responding general membership in order to become effective.
Article XVIII: Fiscal YearThe fiscal year of the association shall begin on the first day of July and end on the last day of June each year.
Article XIX: Regional ActivitiesThe Executive Board may establish regions throughout the state of Minnesota and appoint regional coordinators. Any changes with respect to the number of such regions, or their boundaries, shall be made by vote of the general membership. The regional coordinator for each region shall be responsible for coordinating the activities of the association within the region, subject to other provisions of the Bylaws, with the assistance of one or more members who reside or have substantial professional responsibilities within that region. The regional coordinator, or designee, will preside at regional or sub-regional meetings of the association or conferences.
Regional coordinators will submit written reports to the Vice President one week prior to all scheduled Board Meetings. The Executive Board will pre-approve all regional programs.
Article XX: LogoThe association may have a logo and will regulate its use as follows:
The three-part corporate insignia must always be displayed as shown below, in its entirety on the first page of any document. The first element may be alone on subsequent pages; elements 1 and 2 may be used together on subsequent pages without element 3; elements 1 and 3 may not be used without element 2.
© 2004 Minnesota Association for Guardianship & Conservatorship