By-Laws

Constitution:

CONSTITUTION AND BY-LAWS
MISSOURI COUNTY TREASURERS' ASSOCIATION
REVISED 2015

ARTICLE I  NAME

SECTION 1: The name of this Association shall be the Missouri County Treasurers' Association.

ARTICLE II  PURPOSE

SECTION 1: The purpose of this organization shall be to bring about a closer and more cooperative relationship among the County Treasurers of the State; to afford opportunity to the members; to obtain a broader and more practical knowledge of the duties and powers of their office; to study and discuss questions and laws relating to this office; to thoroughly investigate any contemplated legislation that in any way affects the office of County Treasurer and to strive at all times to give to the office of County Treasurer the high standing among the county offices of the State to which it belongs.

ARTICLE III  MEMBERSHIP

SECTION 1: Any citizen who has been duly elected and commissioned as County Treasurer of any county in the State of Missouri, shall be eligible to membership in this organization provided he or she shall comply with requirements to be fixed by the By-Laws of the Association relating to the admission of members.

ARTICLE IV  OFFICERS

SECTION 1: The officers of the Association shall be President, 1st Vice-President, 2nd Vice-President, 3rd Vice-President, Secretary, Treasurer and Past-President and no less than four board members.

SECTION 2: The method of choosing the officers, their term of office and duties shall be such as provided by the By-Laws.

ARTICLE V  BY-LAWS


SECTION 1: The Association shall enact By-Laws for the government, support and management, and shall therein provide for admission for members and their qualifications; the collection of fees; the election term of office and duties of officers; and such other things as may be for the best interest of the Association.

ARTICLE VI  AMENDMENTS

SECTION 1: The constitution may be amended in the manner provided by law, whenever such amendment shall be recommended by five members of the Association and read at a regular meeting and thereafter at a regular or called meeting and approved at last reading by a vote of two-thirds of members present at such meeting.


----------------------------------------------------------------------------


BY-LAWS

ARTICLE I -- MEMBERSHIP


SECTION 1: Before any person shall be enrolled as a member of this Association, he or she shall have paid the association training fees and met the requirements for this office as stated by the Missouri Revised Statutes.

ARTICLE II  ELIGIBILITY

SECTION 1: Any citizen of the State of Missouri, who has been duly elected and commissioned as a County Treasurer of any county in the state, shall be eligible for membership.

ARTICLE III MEETINGS

SECTION 1: Regular meetings shall be held at such place as may be designated in call.

SECTION 2: Special meetings may be called by the President or by majority vote of the Association Board or by majority vote of members present at regular meetings.

ARTICLE IV  QUORUM

SECTION 1: Seven members of the Association Board present shall constitute a quorum for the transaction of business.

ARTICLE V  ELECTION OF OFFICERS

SECTION 1: President, 1st Vice-President, 2nd Vice-President, 3rd Vice President, Secretary, Treasurer, Past-President and no less than four Association Board members shall constitute the Association Board. Each, with the exception of the Past-President, shall be elected each year at the annual meeting to be held at a date set by the President.

SECTION 2: The President shall appoint a nominating committee, which shall present a slate of officers at the annual meeting. Nominations from the floor shall be accepted.

SECTION 3: All elections shall be by ballot and a majority of votes cast shall be necessary to election; in the event that no candidate receives a majority, then the lowest candidate shall be dropped and another ballot taken.

SECTION 4: An election by ballot may be dispensed with whenever there is only one candidate for the office.

ARTICLE VI  VACANCIES, HOW FILLED

SECTION 1: Should any vacancy occur in any office of the Association, the Association Board shall appoint a member of the Association to fill the unexpired term.

ARTICLE VII-TRAINING FEES

SECTION 1: Every member shall, before he is a member of the Association, pay a training fee as set by the Association.

SECTION 2: Every member of the Association shall pay training fees annually. These fees shall be due and payable by each annual meeting.

SECTION 3: Whenever any member shall be delinquent in payment of training fees, a late fee shall be assessed.

ARTICLE VIII  DUTIES OF OFFICERS AND ASSOCIATION BOARD

SECTION 1: The President shall preside at all meetings; preserve order; enforce compliance with the Constitution and By-Laws for the Association, and perform all the duties usually performed by a presiding officer.

SECTION 2: The 1st Vice-President shall perform the duties of the President in his or her absence and shall preside when called upon to do so by the President. The 2nd and 3rd Vice-President will follow the same precedence.  The 1st Vice President is also responsible to create and submit to the association board, by December 1st each year, and association budget for the following calendar year.  The board is responsible to review, amend if necessary, and adopt said budget by December 31st each year.

SECTION 3: The Secretary shall keep the minutes of the Association and Association Board and record the same in a book to be kept for that purpose. The Secretary shall also send notices to members calling attention to each meeting and mail out the newsletters.

SECTION 4: The Treasurer shall collect all training fees and keep a book with the members fees as paid. The Treasurer shall be custodian of all funds of the Association and shall pay out the same when authorized in the manner herein provided. He or she shall keep record of all sums received and disbursed and said funds are to be deposited in some reliable bank to be approved by the President and is to be placed in an interest bearing account, if possible.

SECTION 5: The Association Board shall consider and investigate all matters pertaining to the activities or interests of the Association and shall report their findings and recommendations to the Association at any regular or called meeting of the Association. The President shall be chairman of the Association Board and shall vote only in case of a tie. All other officers and no less than the four elected Association Board members retain the right to vote.

ARTICLE IX  DISBURSEMENTS OF FUNDS

SECTION 1: The disbursement of funds shall be in the following manner: The account or claim to be paid shall be referred to the President for its approval and if approved by the President, the Treasurer shall draw a check on the Association funds in favor of claimant.

ARTICLE X  DISCHARGE OF OFFICERS

SECTION 1: Offices may be declared vacant and the holder of such office discharged for the following causes:

1.Failure to make any financial statement or report required of him or her by the By-Laws of the Association.

2.Failure to account for all money which passed into his or her hands by virtue of his or her office.

3.Refusal to perform the duties of his or her office as required in the By-Laws.

SECTION 2: Such removal from office may be accomplished by a majority vote of the Association Board.

ARTICLE XI  APPOINTMENT OF LEGISLATIVE CHAIRPERSON

SECTION 1: The President shall appoint a Legislative Chairperson to serve for a period of one year and that Chairperson shall appoint his or her legislative committee.

ARTICLE XII  GOVERNING RULES

SECTION 1: The rules governing the deliberations of the Association, when not in conflict with the Constitution and By-Laws of the Association, shall be Roberts Rules of Order Newly Revised.

ARTICLE XIII  AMENDMENT OF BY-LAWS

SECTION 1: These By-Laws may be amended whenever a majority of members present at a regular meeting shall vote for such amendment.

ARTICLE XIV  ELECTION OF CERF BOARD REPRESENTATIVE

SECTION 1:  At its annual training conference which most closely precedes August 15, 2017, the association membership shall elect a CERF Board Representative from among those active MCTA members at that time.  The member so elected shall serve a four year term beginning January 1, 2018.  This same process, as described above, shall occur every fourth year thereafter.

SECTION 2:  If the CERF Board Representative retires or is defeated as County Treasurer, he/she may complete the remainder of the term, at which time he/she would be replaced by an elected active MCTA member.  If the CERF Board Representative resigns from his/her position during the term, the association board shall elect an active MCTA member to complete the term.

ARTICLE XV  APPOINTMENT OR PROFESSIONAL SERVICES FUND CHAIRPERSON AND COMMITTEE DUTIES 

SECTION 1:  A Professional Services Fund Committee is hereby created and shall consider requests from MCTA members for monetary assistance in matters relating to the professional services needs of county treasurers.  Requests shall be evaluated in light of guidelines as set forth and adopted by the MCTA membership.  If the Committee votes by simple majority that a request meets the guidelines, the Committee shall make a recommendation to the MCTA Board for approval.  The disbursement of funds, if approved, shall be executed in accordance with Article IX, Section 1 of these by-laws.  The MCTA board reserves the right to make the disbursement of funds for legal services contingent upon the board's approval of legal counsel.

SECTION 2:  The President shall appoint a Professional Services Fund Chairperson for a period of one year and that Chairperson shall appoint four (4) other members to his/her committee.

SECTION 3:  The recommendation of the Committee, the approval of the board for the disbursement of funds, and any deliberations therein, if related to legal services, shall not be deemed as legal advice, nor shall an attorney client relationship be established.

SECTION 4:  The disbursement of any funds to a Member for legal services is not a loan, nor does the MCTA reserve any right to reimbursement of funds disbursed, nor is it the intent of this section to be construed as a "lawsuit loan", "third party litigation financing", "civil justice funding", or any other term used to describe a transaction in which a third party reserves a contingent right to receive an amount of the potential proceeds of a settlement, judgment, award, or verdict obtained in a legal claim.