N
M E A
(
CONSTITUTION
Adopted November, 1989
Revised
November, 2005
NMEA ARTICLES
ARTICLE I--NAME
The organization shall be known as the
"Nebraska Music Educators Association," hereinafter designated either
as the "NMEA" or as the "Association."
ARTICLE II--PURPOSE
The purpose for which the Association is
organized and operated is exclusively educational, as defined in Section
501©)(3) of the Internal Revenue Code and its regulations as they now exist or
as they may hereafter be amended. The purpose of the Association shall be the
advancement of music education through the promotion of better school music,
utilizing the best efforts of the various agencies of music education. This
shall be a non-profit association.
This Association shall function as the
state affiliate of the Music Educators National Conference, hereinafter
designated as the "MENC."
This association shall strive to maintain
a cooperative relationship with the Nebraska Department of Education, the
Nebraska State Education Association, and the Nebraska School Activities
Association in the administration of music education.
ARTICLE III--MEMBERSHIP
Membership in the Association may be
divided into such classifications for annual membership dues or for the
election of members to the Executive Board or for such other purposes as the
Bylaws may prescribe or as the Executive Board may from time to time designate.
The conditions, terms, privileges, rights, and duties of membership shall be
stated or provided for in the Bylaws of the Association.
ARTICLE IV--GOVERNMENT
The Board of Directors, which shall be
known as the Executive Board, shall consist of all elected officers and shall
have general powers of administration with authority to act and to enact
legislation except as contrary to this constitution or as expressly provided in
the Bylaws of the Association.
ARTICLE V--ELECTIONS
The manner of the election or appointment
of the members of the Executive Board shall be provided for in the Bylaws of
the Association.
ARTICLE VI--DISPOSITION
OF ASSETS
IN CASE OF DISSOLUTION
In the event of dissolution or
termination of the Association, the Executive Board shall, after the payment of
all of the liabilities of the Association, dispose of all of the assets of the
Association exclusively for the objectives of the Association in such manner or
to such organization or organizations organized exclusively for charitable or
educational purposes as shall at the time qualify as an exempt organization or
organizations under Section 501©)(3) of the Internal Revenue Code of 1954 (or
the corresponding provision of any future United States Internal Revenue Law)
as the Executive Board shall determine. Any of such assets not so disposed of
shall be disposed of by the court of proper jurisdiction exclusively for such
purposes or to such organization or organizations as said court shall determine
which are organized and operated exclusively for such purposes. No part of the
net earnings of the Association shall inure to the benefit of or be
distributable to its members, trustees, officers, or other private compensation
for the services rendered and to make payments and distributions in furtherance
of the purposes set forth in this constitution.
ARTICLE VII--AMENDMENTS
This constitution may be altered or
amended by a two-thirds vote of the members present at the annual meeting of
the Association provided, however, that in any case sixty days notice of such
contemplated amendment of alteration shall be given by mail or otherwise to all
active members of record.
This constitution may be temporarily
altered or amended by a referendum vote conducted in the following manner; the
Executive Director, upon direction of the Executive Board, shall submit by mail
to all members of the Association for proposed amendment. If such amendment
shall be approved by not less than two thirds majority of those making returns
on or before the time limit, which shall not be less than fifteen days after
date of mailing the proposed amendment to the members, the amendment shall be
automatically considered in operation for one year or until the time of the
next annual meeting of the Association.
NMEA BYLAWS
BYLAW I--MEMBERSHIP
Section 1. Active Membership. Active membership shall be open to
persons actively engaged in music education. Active members in good standing
may vote and be elected to office. Each active member shall receive standard
MENC subscriptions and the
Section 2. Life Membership. Life membership shall be open to persons
who are eligible for active membership. Life members shall have the same
privileges as active members and shall be granted automatic membership in such
Societies of MENC as they may designate. Each life member shall receive
standard MENC magazine subscriptions and the
Section 3. Introductory Membership. Introductory membership shall be open to
persons in their first year of full-time music teaching or other music-related
education work who have been collegiate members during the preceding fiscal
year. The membership shall be limited to one membership year. Introductory
members shall have the same privileges as active members except the right to
hold elective office. Each introductory member shall receive standard MENC
subscriptions and the
Section 4. Collegiate Membership. Collegiate membership shall be open to
music students in teacher education programs at the college or university level
who are not employed full time as teachers. Collegiate chapter members shall
have the same privileges as active members, but may not vote on Association
business or hold other offices in the Association, other than that of Chair,
Collegiate Members. Student members may attend meetings and participate in all
other activities of the Association. Student members shall elect the Chair,
Collegiate Members. Each collegiate member shall receive standard MENC
subscriptions and the
Each collegiate member shall hold concurrent
membership in NMEA and MENC.
Section 5. Retired Membership. Retired membership shall be open to
former music educators who have retired from teaching or other music-related
educational work and who have been members of NMEA for at least ten consecutive
years prior to seeking retired membership status. Retired members shall have
the same privileges of active membership except the right to hold elective
office. Each retired member shall receive standard MENC subscriptions and the
Section 6. Honorary Membership. Upon recommendation of the Executive
Board, Honorary membership may be conferred in recognition of distinctive
service in the field of music education, but shall be confirmed by majority
vote of the membership present at a regular business meeting. Honorary members
shall have the privileges of an active member.
BYLAW II--DUES AND FEES
Section 1. Amount of MENC Dues. The National Executive Board shall set
the amount of annual dues for active membership. The state membership dues
shall be set by the NMEA Executive Board. The following represents the amount
of dues payable in the appropriate categories:
Life (NMEA
dues plus MENC one time fee)
Regular (NMEA
dues plus MENC dues)
Introductory
(NMEA dues plus MENC dues)
Collegiate (NMEA
dues plus MENC dues)
Retired (NMEA
dues plus MENC dues)
Expanded
Society for Research in Music Education (MENC
dues)
Society
for General Music (MENC
dues)
Honorary (Exempt from NMEA Dues; MENC dues)
The specified rates are payable annually,
except that the life membership dues shall be payable one time. The specified
rates for the Society for Research in Music Education and the Society for
General Music are in addition except that a life member shall be considered a
member of any MENC Societies on request without the payment of additional dues.
The MENC Constitution provides for cost of living increases in national
membership dues on an annual basis.
Section 2. Remittance of Dues. Dues for all memberships shall be paid
either to MENC or to NMEA. If dues are paid to NMEA, the Association shall
remit the appropriate national dues to MENC. If dues are paid to MENC, the
national headquarters office shall remit the appropriate state dues to NMEA.
BYLAW III--GOVERNMENT
Section 1. Authority. Authority for the management, policies,
and actions of the Association is vested in the Executive Board. The Executive
Board shall consist of all elected officers and shall have general powers of
administration with authority to act and to enact legislation except as
contrary to this constitution or as expressly provided. As presiding officer of
the Executive Board, the NMEA President is responsible for the leadership of
the Association. The elected and appointed officers and individual members may
make recommendations to the Executive Board regarding management, policies and
actions.
Section 2. Elected Officers. The elected officers of the Association
shall be a President, President-Elect, and Immediate Past President.
The President shall preside over all
meetings, shall issue calls for meetings, shall appoint all committees, shall
fill all vacancies of unexpired terms by appointment, and shall be an
ex-officio member of all committees. The President shall, at the close of each
fiscal year, provide for a professional audit of the financial records of the
Association.
The President-Elect shall perform the
usual duties of the office and in the case of disability of the President shall
assume the duties of that office. The President-Elect shall be charged with the
organization of the annual meeting and negotiating all contracts with general
clinicians using a budget set forth by the Executive Board. The President-Elect
shall assume the duties and office of President upon the completion of the
President's term.
The Immediate Past President shall assume
the duties of that office upon the completion of the term of President. The
Immediate Past President shall assist the President as advisor and shall be
called upon to aid the Association in establishing continuity in the
transmission of authority. The Immediate Past President shall be the chairman
of the nominating committee to select candidates for officers of the
Association and shall be the liaison officer between the NMEA and the Music
Industry Council, negotiating all contracts with vendors.
Section 3. Additional Elected Officers. Additional elected officers shall be:
A.
Chair, Band Affairs
B.
Chair, Orchestra Affairs
C.
Chair, Choral Affairs
D.
Chair, Elementary/General Music Affairs
E.
Chair, Auditions
F.
Chair, Collegiate Members (Elected by Collegiate Members)
G.
Chair, College/University Affairs
H.
Chair, Middle Level/Junior High Affairs
I. Chair, Membership/Mentoring Programs
The above chairs shall, with the
management and assistance of the other members of the Executive Board, plan for
their respective parts of the annual clinic program and shall conduct the
affairs of the Association as expressly provided by Bylaw III, Section I of the
constitution.
Section 4. Appointed Executive Board
Members. The Executive
Director, Secretary/Treasurer, Public Relations, Historian, Chair of
Research/Chair Nebraska Coalition for Music Education (NCME) and Chair,
Exhibits, Nebraska Music Dealers and Exhibitors
Association representative, shall be non voting ex-officio members of
the Executive Board and their appointments and duties shall be set forth in
official policies as designated by the Executive Board.
The Secretary/Treasurer shall keep an
accurate record of the transactions of each meeting; shall send out notice of
all meetings; shall attend to all correspondence relating to the office; shall
keep financial records of the association, collecting and paying all monies
with the order and consent of the Executive Board; shall secure and update
insurance coverage for the Association; process audition applications and
distribute materials and information to audition sites; shall be the membership
chairman of the Association; shall perform all other duties usually considered
the duties of a Secretary/Treasurer.
Section 5. Terms of Office. The term of office of the Chair,
Auditions shall be three years. The term of office for all other elected
offices shall be two years with the exception of Chair, Collegiate Members
which shall begin with a year of apprenticeship beginning with the opening of
the fiscal year following their election, assuming full duties of office for
one year with the beginning of the fiscal year following the year of their
apprenticeship. Officers of Chair, Band Affairs; Chair, Orchestra Affairs;
Chair, Choral Affairs; Chair, Auditions and Chair, Membership/Mentoring
Programs shall serve a year of apprenticeship that will begin with the opening
of the fiscal year following their election. These officers shall assume their
duties with the opening of the fiscal year following their apprenticeship. All
other elected officers shall assume their duties with the opening of the fiscal
year following their election.
Section 6. Election of Officers. The election of officers shall be held
at the annual convention. Officers shall be elected each year in the following
order: Even-numbered years - Chair, Orchestra Affairs; Chair, Middle
Level/Junior High Affairs; Chair, Choral Affairs; and Chair, College/University
Affairs.; Odd-numbered years - President-Elect; Chair, Band Affairs; and
Chair, Elementary/General Music Affairs. The sequence is to be followed in
ensuing years. The election of Chair, Auditions and Chair, Membership, Mentoring
Programs shall be held on a three-year cycle (actually serving four years, the
first year being an apprentice position.) Every year - The candidates
for the office of Chair, Collegiate Members shall be nominated and elected by
student members of NMEA while in their sophomore year in accordance with the
voting procedure approved by the student representative board.
Section 7. Re-election of Officers. A member who has been elected to an
office in the Association must be out of office one full year before being
eligible to be elected to office again.
BYLAW IV--INTERNAL
AFFAIRS
Section 1. Elections.
A. Nominating Committee. The Immediate
Past President shall appoint a nominating committee, one member from each
district of the NSAA districts of the state, in January of each year. This
committee shall report its list of nominees for each elected office other than
Chair, Collegiate Members to: the editor of the Nebraska Music Educator
for inclusion in the pre-convention issue of the Educator. The Immediate
Past President shall instruct the Chair, Public Relations to have ballots
prepared for voting.
B. Voting. The nominations shall be
closed at the annual business meeting of the Association. Balloting shall occur
after the business meeting, with the greatest plurality electing.
C. Absentee Ballots. Members may
request a mail-in absentee ballot for the election of officers prior to the
annual convention by notifying the Secretary/Treasurer and by supplying proof
of membership. The ballot is due one day prior to the voting date at the
convention.
Section 2. Executive Board Meetings. The Executive Board shall meet at the
call of the President, or upon the joint request of a majority of the
membership of the Executive Board. A quorum of not less than fifty percent
(50%) of the members of the Executive Board shall be required for the
transaction of business. When necessary, the Executive Board may transact
business by mail or conference call.
Section 3. Rules of Order. The parliamentary principles set forth
in Robert's Rules of Order Newly Revised shall govern in all cases not covered
by the constitution.
BYLAW V--ADMINISTRATION
Section 1. Executive Director. The Executive Director shall be selected
by the Executive Board. The duties of the Executive Director shall include but
not be limited to the following: edit, publish and secure advertising,
negotiating all legal contracts with advertisers for the Nebraska Music
Educator magazine; prepare, publish and distribute all general mailings to
the membership; arrange for and secure transportation for Executive Board
members and visiting clinicians; collect and disseminate all clinicians
contracts to appropriate board members; handle matters that pertain to
government relations; serve as Webmaster for the NMEA Web site; and write and
submit grants to various philanthropic organizations; and all other duties
usually considered of an Executive Director. The Executive Director shall serve
as an ex-officio member of the Executive Board.
Section 2. Fiscal Year. The fiscal year shall correspond with
the calendar year, that is, January 1 to December 31.
Section 3. Contracts. The Executive Board may authorize any
officer, offices, agent, or agents of the Association, in addition to the
officers so authorized by these Bylaws, to enter into any contract or execute
and deliver any instrument in the name of and on behalf of the Association.
Such authority may be general or may be confined to specific instances.
Section 4. Checks, Drafts, or Orders. All checks, drafts, or orders for
payment of money, notes, or other evidences of indebtedness issued in the name
of the Association shall be signed by such officer, officers, agent, or agents
of the Association and in such a manner as shall from time to time be
determined by resolution of the Executive Board. In the absence of such
determination by the Executive Board, such instruments shall be signed by the
authorized agent.
Section 5. Deposits. All funds of the Association shall be
deposited from time to time to the credit of the Association in such banks,
trust companies, or other depositories as the Executive Board or its agent may
select.
Section 6. Gifts and Management of
Assets. The Executive
Board is authorized and empowered on behalf of the Association to receive by
devise, bequest, donation, or otherwise, either real or personal property, and
to hold the same absolutely or in trust, and to invest, reinvest, and manage
the same and to apply said property and the income arising therefrom to the
objectives of the Association. The Executive Board also shall have power to
allocate the funds of the Association for the purposes of carrying out the
objectives of the Association.
Section 7. Books and Records. The Association shall keep correct and
complete books and records of account and shall also keep minutes of the
proceedings of its Executive Board The Association shall keep with the office
of Secretary/Treasurer a record giving the names and addresses of the members
entitled to vote.
BYLAW VI-COUNCILS
Section 1. Definitions. Councils shall be officially affiliated
organizations with NMEA.
A.
B. Past Presidents Council. Membership in the
Past Presidents Council will include all NMEA members who have served as
President of the Association. The Past Presidents Council will be responsible
for nomination and selection of members for the NMEA Hall of Fame. Chairman of
the Past Presidents Council will be the Past President who has just completed
the six year term of office in the Association.
C. The
BYLAW VII-AMENDMENTS
These Bylaws may be altered or amended by an approving vote of the majority of those members who cast ballots by mail or by a vote of the membership at the annual business meeting. Ballots and necessary supporting information shall be mailed by the Secretary/Treasurer, under the direction of the Executive Board, to all members of the Association at least sixty (60) days prior to the close of voting to all members of record who are eligible to vote. Such closing date shall be designated by the Executive Board and printed on the ballots. Proposed amendments to these Bylaws may be initiated by the Executive Board or by a petition signed by five percent (5%) of the membership.