New Mexico Counseling Association Bylaws

Updated 6/03/2023
Pending ACA approval 4/1/2023

ARTICLE I NAME & MISSION

Section 1. NAME

The name of the association shall be the New Mexico Counseling Association (NMCA). All further references to the Association in these bylaws shall mean the New Mexico Counseling Association. The Association is a branch of the American Counseling Association and is organized in accordance with ACA Bylaws.

Section 2. MISSION

The mission of the Association is to enhance the quality of life in New Mexico by promoting the development of professional counselors, advancing the counseling profession and practice of counseling to promote respect for human dignity and diversity.

Section 3. ETHICAL STANDARDS

The Association adheres to, and advocates the highest ethical standards and professional competence of its members. The Association is committed to serve the profession and ensure the public receives the highest quality of professional counseling services.

ARTICLE II MEMBERSHIP

Section 1. INDIVIDUAL MEMBERSHIP

There shall be four classes of individual voting memberships: Professional, Regular, Student and Retired.

  1. Professional members shall hold a Master’s degree or higher in counseling or closely related field from a college or university that was accredited when the degree was awarded by one of the regional accrediting bodies recognized by the Council for Higher Education Accreditation. Professional members must present proof of academic credentials upon request.
  2. Regular members are those persons whose interests and activities are consistent with those of the Association but who are not qualified for Professional membership.
  3. Student membership is available for students enrolled at least half time in a college or university program leading towards a degree in counseling or a counseling related field.
  4. Retired membership provides for any professional or regular members to change their membership status to retired if they have retired from the counseling profession.
  5. Divisions may set their own membership classes and criteria consistent with ACA requirements.
  6. Members of NMCA agree to follow the ACA Code of Ethics along with standards and ethical codes relevant to the population they are working with.

Section 2. DUES

  1. Annual Association dues for members shall be established by the Executive Board.
  2. Student and retired members will pay 50% of the dues professional and regular members pay.
  3. NMCA and ACA Membership dues for the president and president-elect will be paid by the Association.
  4. The Association will waive membership dues to past presidents for a period not to exceed five years.

Section 3. TERMINATION

A member may be dropped from membership for conduct contrary to or destructive of the Association’s mission according to its Bylaws and ethical standards. All charges of misconduct shall be sent to the ethics committee for resolution. A member may be dropped from membership for nonpayment of dues.

ARTICLE III OFFICERS

Section 1. DESIGNATION

The officers of the Association shall be individual members in good standing and constitute: President, President-Elect, President Elect-Elect, Immediate Past-President, Chairpersons of each Standing committee, Presidents of each division, and the Executive Director, Executive Assistant, and Treasurer who without voting rights shall constitute the Executive Board.

  1. All officers of the Association, except the Executive Director, Executive Assistant and Treasurer who are appointed by the Board, shall be elected or ratified by the Association membership to serve one-year terms or until successors are selected.
  2. The Division Board Presidents shall be elected by their respective Divisions
  3. In case of emergency, the President may convene the Board through electronic means and transact whatever business is necessary.
  4. The Executive Director and Treasurer may receive remuneration for their assigned duties.

Section 2. TERMS AND DUTIES OF OFFICERS

  1. The President shall preside at each meeting of the Association and the Executive Board and represent the Association through the ACA as well other organizations. The President is an ex-officio member of each Standing Committee.
  2. The President-Elect shall become President of the Association in the Crossover meeting in July following the completion of the term by the previous President.
  3. The President-Elect shall preside in the absence of the President and shall be an ex-officio member of the Financial Affairs committee. The President-elect will serve as liaison to the NM Counseling and Therapy Practice Board..
  4. The President Elect-Elect shall become President-Elect of the Association in the July Crossover meeting following the term of the previous President-Elect.
  5. The Vice-President of Professional Development shall coordinate the Professional Development of the Association.
  6. The Past President shall serve as Chairperson of the Nominating Committee and Chairperson of the Past Presidents Council. The Past President shall recruit and develop future leadership of the Association and update the NMCA Procedure Manual.
  7. The Treasurer shall represent the Association in assuring that the receipt and expenditure funds are in accordance with the directives established by the Executive Board. The treasurer will perform duties customary to the office and such additional duties as may be directed by the Executive Board.
  8. The Executive Director shall be the Secretary of the Association and perform the duties customary to the office of secretary and those directed by the Executive Board.
  9. The Executive Assistant shall attend board meetings and perform duties as assigned by the Executive Director.

Section 3. AFFILIATION

All elected officers of the Association must be members of ACA and NMCA, and if representing a branch division, the corresponding national division, and must reside in New Mexico.

Section 4. PRESENTATION

The President-Elect and the President Elect-Elect shall be presented at the Annual Meeting.

Section 5. TERMS OF OFFICE

Transfer of offices will occur at the annual Crossover meeting. Officers shall hold office for one year or until a successor takes office.

Section 6. REPLACEMENT

In the event of the death, incapacitation or resignation of any officer the Executive Board shall select a successor to serve until the next regular election.

ARTICLE IV STANDING COMMITTEES

The Association shall have the following standing committees that shall be constituted in three classes so that only one-third of each committee is replaced annually. Committees shall consist of one representative from each Division and/or board volunteers; at least 5 members will make up each committee.

Section 1. NOMINATING COMMITTEE

This committee will annually submit to the Executive Board a slate of nominees for President-Elect-Elect, and any other open office.

Section 2. ETHICS COMMITTEE

This committee shall review any charges of misconduct and report their recommendations regarding membership to the Executive Board.

Section 3. GOVERNMENT RELATIONS COMMITTEE

The committee shall address legislative issues, which either promote, or are in conflict with the position of NMCA as determined by the Executive Board and reviewed annually through its membership. The Executive Board will appoint the Chair of this committee.

Section 4. LEADERSHIP DEVELOPMENT COMMITTEE

This committee shall be in communication with the membership of the Association for leadership development and membership growth. The Past President will chair this committee.

Section 5. FINANCIAL AFFAIRS COMMITTEE:

Shall include the Treasurer and a chair appointed by the Executive Board. The Financial Affairs Committee shall review the financial affairs of the Association and the Treasurer will submit a budget to the Executive Board prior to the beginning of the fiscal year.

Section 6. MEMBERSHIP COMMITTEE

Shall be responsible for recruitment strategies, enrollment of new members, and continued tracking of membership.

Section 7. SPECIAL TASK FORCES

The President shall have the authority, with the approval of the Executive Board, to designate additional, time-limited, committees as needed to conduct the activities of the association.

ARTICLE V EXECUTIVE BOARD

Section 1. EXECUTIVE BOARD

The Executive Board shall be the policy-making body of the Association. The Board is the financial committee and makes all budgetary and financial decisions.

Section 2. COMPOSITION

The Executive Board shall be composed of the following members of the Association: President, President-Elect, President Elect-Elect, immediate Past-President, and Vice-President for Professional Development, Presidents of each Association Division, or their designated representatives, Chairpersons of each Standing Committee shall have voting rights. The Executive Director, Treasurer, and Executive Assistant, as ex-officio members, are without voting rights.

Section 3. QUORUM

A quorum of the Executive Board shall consist of a majority (51%) of those mentioned in Section 2 Composition.

Section 4. FUNCTION

The function of the Executive Board shall be to:

  1. Formulate policies and recommend such policies to the membership for consideration.
  2. Act for the membership in necessary matters during the interim between meetings.
  3. Approves the annual budget presented for adoption at the Crossover meeting.

Section 5. LIMITATION OF ACTIVITIES

The Association is organized and shall be operated exclusively for charitable and education purposes within the meaning of sections 501(c) (3) of the Internal Revenue Code. No part of the net earnings of the Association shall inure to the benefit of or be distributable to the members of the Executive Board, Officers, Committee members, members of the Association, other private individuals, or organizations organized and operated for a profit (except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distribution in furtherance of the purposes as hereinabove stated).

Section 6. REMOVAL

Removal from office can occur with or without cause and requires a two-thirds vote by the Executive Board.

Section 7. ASSOCIACION WITH ACA

The Association’s status as a Branch of ACA may be voluntarily withdrawn only in compliance with ACA Bylaws, policies and procedures adopted by the ACA Governing Council.

ARTICLE VI BRANCH DIVISIONS

Section 1. BRANCH DIVISIONS

Branch divisions shall be eligible for consideration for chartering upon the completion of requirements set forth in these Bylaws or in policies of this Association, provided that the branch division has already been granted a charter from its corresponding ACA division or contingent upon the granting of its charter by its corresponding ACA division. All members of the branch division must maintain active membership in the branch association.

  1. Each recognized division shall consist of at least 15 members, an elected board, and shall elect one representative to serve on the NMCA Executive Board.
  2. All elected officers of the Branch division shall be members of NMCA and ACA.
  3. No division shall be organized or operated except in accordance with the Bylaws of NMCA. Division Bylaws and revisions will be reviewed for acceptance by NMCA every five years.

ARTICLE VII NOMINATIONS AND ELECTIONS

Section 1. ELECTION OF OFFICERS

Shall be held annually and transfer of officers will be held at Leadership Development Institute (LDI) as indicated in Article IX, Section 3.

  1. The nomination, selection and announcement of candidates for the election of President-Elect of the Association shall occur during the annual conference event.
  2. Election will be conducted by ballot and majority vote.

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ARTICLE VIII FINANCES

Section 1. ANNUAL DUES: Shall be determined by the Executive Board.

Section 2. BUDGET.  The Executive Board shall approve an annual budget.

Section 3. NO APPROPRIATION OF ASSOCIATION FUNDS: Shall be made except as authorized by the Executive Board. The approval of an annual budget shall constitute authorization for the Treasurer to spend funds up to the limits of specific line items.

Section 4. DIVISION BUDGETS: All divisions shall submit an annual budget and fiduciary reports to the Executive Board. Each Division shall transmit to the President of the Association the names of the officers upon their election or appointment. Each division shall also transmit a written annual report to the NMCA President, no later than July of each year. The annual report shall indicate the degree to which annual goals have been met, future plans, and needed financial documentation for the fiscal year ending.

Section 5. FISCAL YEAR and the governance year of the Association shall be the same as the fiscal year of ACA.

ARTICLE IX MEETINGS

Section 1. ANNUAL MEETINGS

The Association will conduct an Annual Meeting of Association members which shall take place during the annual conference event. The President, on recommendation of the Executive Board, may call additional meetings of the Association members.

  1. Association members in attendance at the meeting shall constitute a quorum to do business at the meeting.
  2. The President, officers, committee chairs and Division Presidents shall provide an oral report to the Association.

Section 2. MEETINGS OF THE EXECUTIVE BOARD

  1. The Executive Board shall meet at least quarterly. The President or Executive Director will provide a reminder of the meeting by email at least 2 weeks in advance of the meeting. A meeting agenda will be provided by email at least one week prior to the scheduled meeting by the President.
  2. Meeting dates will be established at the Crossover meeting. Cancellation or rescheduling of meetings due to inclement weather or an emergency will be made by the President. The Executive Director will be responsible for contacting Board members by email and/or telephone.
  3. Special meetings may be called only in an emergency determined by the President or the Executive Board. Only business for which the special meeting was called for can be transacted.

Section 3. THE CROSSOVER MEETING is held in conjunction with a regular quarterly scheduled Board meeting and includes the transfer of officers. Outgoing officers of the Executive Board provide a written report to the Executive Director. Incoming officers provide a strategic plan for the upcoming year. The Crossover meeting shall be facilitated by the incoming President.

Section 4. ELECTRONIC AND DISTANCE MEETINGS shall be conducted at the discretion of the President or the Executive Board.

ARTICLE X PARLIAMENTARY AUTHORITY

Section 1. Robert’s Rules of Order, Newly Revised, (edited by Henry M. Robert III and William J. Evans and published by Perseus-HarperCollins) shall govern the proceedings of the Association except where otherwise specified.
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ARTICLE XI NONDISCRIMINATION

Section 1. NON-DISCRIMINATION

There shall be no discrimination against any individual on the basis of ethnic group, race, religion, gender, sexual orientation, age, record of public offense, and/or disability.

ARTICLE XII BYLAWS

Section 1. AMENDMENTS TO BYLAWS

These Bylaws may be amended by a two-thirds majority of the Executive Board at a regularly scheduled meeting.

  1. Proposed amendments may be originated by the Executive Board or presented at the Annual Conference by a Division, or by any individual member. In the case of an individual member the proposed amendment shall be presented with the signatures of at least fifty members in good standing.
  2. All such proposed amendments must be submitted in writing to the Executive Board at least 2 weeks prior to the meeting at which the change may be considered.

Section 2. POLICIES AND PROCEDURES.

Supplementary policies and implementation guidelines for these Bylaws are found in the NMCA Policies and Procedures Manual.

ARTICLE XII STATEMENT OF DISSOLUTION

Upon the dissolution of the association, after paying or adequately providing for the debts and obligations of the organization, the remaining assets shall be distributed to a nonprofit fund, foundation, association, or corporation organized and operated exclusively for the purposes specified in section 501c3 of the Internal Revenue Code and which has established its tax-exempt status under that section.

Approved Bylaw Amendments

  • 6/3/2023 Updated to add voting rights and correct punctuation. ART V EXECUTIVE BOARD Sec 2. Composition
  • 4/1/2023 Requesting ACA approval
  • 3/24/2023 Adding Executive Assistant position, Past President develop leadership, ART III OFFICERS Sec 1, 6
  • 3/24/2023 Leadership Committees Past President to chair, continued tracking of membership, renamed Special Task Forces, ART IV STANDING COMMITTEE, Sec 4,6
  • 3/24/2023 Financial committee and makes all budget/finance decisions, ART V EXECUTIVE BOARD, Sec 1