ARKANSAS DISTRICT AND CITY COURT CLERKS ASSOCIATION
CONSTITUTION AND BY-LAWS

 

ARTICLE 1 – NAME AND PURPOSE

Section 1. NAME. The name of this organization shall be Arkansas District Court Clerks Association.

Section 2. PURPOSE. The Arkansas District Court Clerks Association shall operate as a non-profit voluntary organization for the following purposes:

  1. (a) To serve every possible means in constantly improving the standards, practices and effectiveness of the District Courts and matters related to judicial administration.
  2. (b) To make available the collective experience of its members to persons and agencies, private and governmental, in any manner affecting District Courts and matters related to judicial administration.
  3. (c) To encourage and afford opportunity for its members to keep abreast of developments and approved principles relating to District Courts.
  4. (d) To help in the solution of problems peculiar to its members as judicial and administrative officials.
  5. (e) To engage in educational, training and research activities of all kinds in furtherance of the foregoing objectives.

 

ARTICLE II – MEMBERSHIP

The Arkansas District Court Clerks Association shall consist of the following types of membership:

Section 1. ACTIVE MEMBERSHIP. Any District Court Clerk -elect, or Deputy Court Clerk shall be eligible for active membership upon enrollment and payment of the annual non-transferrable membership fee. Each active member shall have the right to vote on every question authorized by this Constitution, and shall have the right to hold office in the Association.

Section 2. ASSOCIATE MEMBERSHIP. Any individual, not qualified for active membership, may with the approval of the Executive Committee, become an associate member of the Association upon payment of the annual associate membership fee in an amount fixed by the membership. Each associate member shall be entitled to the benefits and privileges of an active member, except the right to vote or hold office in the Association.

Section 3. HONORARY MEMBERSHIP. Any person in recognition of his outstanding service and contribution to the furtherance of the purposes of this Association may be elected an honorary member of the Association upon recommendation of the Executive Committee and approval of the Association. Any member of the Association that retires as a court clerk becomes an honorary member for life. An honorary member shall not be required to pay membership fees nor shall he have the right to vote or hold office in the Association.

 

ARTICLE III – OFFICERS AND ELECTIONS

Section 1. OFFICERS. The officers of the Association shall be a President, First Vice President, Second Vice President, Secretary, Treasurer, Historian, and Parliamentarian: provided that no president shall be eligible to occupy the office for more than one term, consecutively. The term of office shall begin immediately after adjournment of the annual convention and shall last two years through the adjournment of the second annual convention.

Section 2. EXECUTIVE COMMITTEE. The Executive Committee shall be composed of the foregoing officers, two (2) prior past presidents of the Association, one (1) district representative from each of the four (4) current Congressional Districts, and two (2) members elected from this state at large.

Section 3. ELECTIONS AND VACANCIES. The Officers and Executive Committee members shall be elected at the electoral convention and their terms shall be for two years beginning at the adjournment of said convention.
Other than as called for in the by-laws, vacancies should be filled in the following manner. When there is a vacancy in the office of district representative, a board member who is from that resigning board member’s district should, along with the two at-large representatives, recommend an appointment to the Board. These recommendations will be voted on by the executive committee of the Association. Other vacancies in offices within the organization should be filled by recommendation of any Board member and voted on by the Executive Committee of the Association.

 

ARTICLE IV – OPERATION

Section 1. CONVENTIONS. A convention of the Association shall be held each year. Insofar as practicable, the time and place of the convention shall be determined one year in advance. Business meetings shall be held in conjunction with the annual convention. A copy of the agenda and any supporting documents shall be disbursed to all members of the Association prior to the convention date.

Section 2. VOTING. Only active members registered and in good standing shall have a vote on any question submitted to the Association. A proposed slate of officers, including one representative from each of the four (4) Congressional Districts, one (1) at-large representative from the 1st or 3rd Congressional Districts and one (1) at-large representative from the 2nd or 4th Congressional Districts shall be presented to the membership at the electoral convention business meeting for the purpose of electing officers, proposing amendments to the Constitution and other items deemed necessary by the Executive Committee. This slate shall be mailed out at least ten (10) days prior to the convention. This does not preclude nominations being submitted from the floor. Voice and or show of hands shall be used for the purpose of voting on all association matters.

Section 3. DUTIES OF OFFICERS. The President or any other officer designated by the President shall preside at all business sessions of the Association, and the Executive Committee, and shall perform the duties usually belonging to such office. The President shall be an ex-officio member of all committees.

The First Vice President shall perform such duties as are assigned by the President. In any circumstance where the President fails to or is prevented from discharging the duties of the office, those duties shall devolve upon the First Vice President, who shall serve until the President resumes office, or until there is a meeting of the Association or of the Executive Committee and a successor is elected and assumes office.

The Second Vice President shall perform such duties as are assigned by the President, and shall be responsible for coordinating the work of the various committees and reporting to the President.

The Secretary shall be the custodian of the records and archives of the Association and shall preserve and keep a record of all Association business and meetings.

Section 4. The Treasurer shall be the custodian of all monies of the Association, and shall make an annual report to the Executive Committee and an annual report to the general membership at the annual convention. The Treasurer shall collect all dues and issue a receipt for the same or supervise a Secretariat, duly appointed by the President and approved by the Executive Board, to serve in the same capacity. Checks will be written for disbursement by the Treasurer and sent to the Secretariat to be signed and mailed, after approval by the President via fax or e-mail. An audit committee made up of the immediate past President, Treasurer, At-Large Representative and the current President, Treasurer, At-Large Representative and the Secretariat is to meet after the annual business meeting to balance the books.

The duties of the Historian are to maintain the pictorial records of the Association. Duties of the Parliamentarian are to advise the Association in the proper rules of Parliamentary procedure.

Section 5. DUTIES OF THE EXECUTIVE COMMITTEE. Between conventions the Executive Committee shall constitute the governing body of the Association and shall have general management of its business funds and policies. It shall adopt policies from time to time as they appear to be required and it shall fix the compensation to be allowed any officer or employee. It may transact business by mail, facsimile or telephone, by voting upon matters submitted to it, or with the approval of the President. A majority vote of all the members of such committee shall be necessary to resolve the matter submitted.

Section 6. EXECUTIVE DIRECTOR, PROFESSIONAL STAFF AND EMPLOYEES. The Executive Committee may employ an executive director, professional staff and such other employees as are necessary to carry on the business of the Association under the direction of the President and Executive Committee.

 

ARTICLE V – COMMITTEES

Section 1. CONVENTION COMMITTEES. Not less than four months prior to the electoral convention, the Nominating Committee appointed by the presiding President, shall prepare a slate of nominees. The Nominating Committee must obtain consent from each potential nominee before preparing a slate for the upcoming election of officers.

Section 2. COMMITTEES. To facilitate the management of the affairs of the Association, the following standing committees are established to perform the functions as indicated in the By-Laws.
Certification
Clerk of the Year Selection
Legislative
Constitution and By-Laws
The President may, from time to time, appoint such committees as may be deemed necessary.

 

ARTICLE VI – REVENUE

Section 1. MEMBERSHIP. The active and associate membership fees shall be established by a vote of the active members present at the annual convention.

 

ARTICLE VII – AMENDMENTS

The Constitution may be amended by proper procedures at any convention by a vote of two-thirds of the active members present at the regularly scheduled business meeting. All proposed amendments shall be a written proposal to the Executive Committee for consideration. If the Executive Committee deems that the proposed amendment be appropriate action for the Constitution of the Association, they shall then submit it to the general membership in writing at least 10 days prior to the convention.

 

ARKANSAS DISTRICT COURT CLERKS ASSOCIATION BY-LAWS

 

BY-LAW (May 1996)

Members of the Certification Committee shall serve a term of three (3) years except as otherwise provided. As soon as possible after the 1996 annual meeting, the President shall randomly appoint two (2) of the members of the committee to a term of three(3) years, two (2) to a term of two (2)years, and one (1) to a term of one (1) year. Thereafter, all certification committee appointments shall be made for full three (3) year terms as vacancies occur. No member shall be appointed to serve on the committee for longer than two (2) successive full three (3) year terms; provided that no period of committee service prior to the effective date of this bylaw amendment shall be counted against the two(2) term limit.

BY-LAW (May 2000)

Create a Clerk of the Year Selection Committee- members shall serve a term of three (3) years except as otherwise provided. As soon as possible after the 2000 annual meeting, the President shall randomly appoint two (2) of the members of the committee to a term of three (3) years, one(1) member to a term of two (2) years.
Thereafter, all clerk of the year selection committee appointments shall be made for full three (3) year terms as vacancies occur. Additional members will be the immediate two (2) past clerk of the year recipients, who will serve for two (2) year terms each, except for the first year the 1998 recipient will serve one (1) year. No member shall be appointed to serve on the committee for longer than two (2) successive full three (3) year terms.

BY-LAW (May 15, 2003)

  1. Clerk of the year to be voted into the by-laws for the ADCCA.That we accept the following requirements:
    1. A court clerk who has been an active ADCCA member at least five (5) years.
    2. Provided service to other court clerks in the state as the opportunity existed.
    3. Exhibits leadership.
    4. A certified court clerk.
    5. Holds a chief clerk or deputy clerk position.

    That we accept the following point system.

    1. Years as court clerk, 1 point for each year Officer, 4 points for each year Committee Chairperson, 3 each year District Representative, 3each year Committee member, 2 each year other activities, 1 each year
    2. Education / certification:
      1. continuing education (18 hour updates) 5 per update
    3. NACM participation:
      1. Attendance at NACM National Conference, 3 per conference
    4. Other Activities
      1. Community Service, mentoring, other clerks, special service to ADCCA, Special awards, etc. 1 each

That no nomination will be considered without letter of recommendation from the nominator.

 

BY-LAW (May 15, 2003)

Create a Legislative Committee- members shall serve a term of three (3) years except as otherwise provided. As soon as possible after the 2003 annual meeting, the President shall randomly appoint two (2) of the members of the committee to a term of three (3) years, one (1) member to a term of two (2) years.

Thereafter, all legislative committee appointments shall be made for full three (3) year terms as vacancies occur. Additional members will be the immediate two past presidents, who will serve for two year terms each, except for the first year the 2001-2002 president will serve one year. No member shall be appointed to serve on the committee for longer than two successive full three (3) year terms.

 

BY-LAW (May 13, 2004)

There will be two (2) educational seminars in addition to the annual convention. These seminars will be held on the 3rd Friday of February and November. An additional educational seminar for Chief Clerks will be held the 3rd Friday in August.

 

BY-LAW (April 2009)

Create a Constitution and By-Laws Committee
Constitution and By-Laws Committee shall review and propose amendments to the Association’s By-laws for the purposes of updating and revising as necessary. It shall be the duty of this committee to periodically review the By-laws of the Association as to their practicality and application. The committee should also review the needs of the Association for amending or adding to the By-laws. Recommendations can be considered by the committee through a meeting, mailings, or a conference call. The chairperson shall report the committee’s findings to the Board of Officers. This Committee will consist of two (2) members appointed by the President for a three (3) year term, in addition to two (2) past Presidents, who will serve two (2) year terms. No member shall serve more than two (2) full three (3) year terms.

 

The Arkansas District Court Clerks Association maintains this Web site in order to increase Clerk’s access to association and educational information. The information is not intended to be a source of legal advice. This web site is not sponsored or associated with any other linked entity. The existence of any link is simply intended to make other resources available to the reader. This organization does not guarantee the accuracy or sources of any information found on any such web sites. While the Web site is routinely updated and revised in an effort to provide timely and accurate information, we make no guarantees. We will make every attempt to correct errors as they are brought to our attention.

 

Constitutional Amendments

  • Adopted April 24, 2008: Constitutional change to increase terms of office from one year to two years.
  • Adopted April 2009: Constitutional amendment – see Minutes
  • Adopted April 23, 2009: Constitutional amendment to allow voice or show of hands rather than by ballot voting.
  • Adopted April 2010: Constitutional amendment-Section 2 under Article VI-Revenue was removed. This section was no longer necessary, due to the increase in membership dues which includes a registration fee.
  • Amendment May 2011: A motion was made to make any retired member an honorary member of the association for life. This change to Article II – Section 3 of the Constitution was adopted November 1988, however the written constitution was not amended until May 2011.
  • Adopted 2012: Constitutional change to remove “and City” from Association name.
  • Adopted April 24, 2014: Constitutional change to remove The disbursement of funds shall be upon the signature of the Treasurer and one other active member of the Association outside the elected Treasurer’s office. and add Checks will be written for disbursement by the Treasurer and sent to the Secretariat to be signed and mailed, after approval by the President via fax or e-mail.

 


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