CALIFORNIA ASSOCIATION
FOR HEALTH,
PHYSICAL EDUCATION,
RECREATION AND DANCE
CONSTITUTION
Preamble
In a truly democratic society, the general welfare of the individual is of primary concern. In a culture devoted to this ideal, health and education, therefore, assume a position of concomitant stature and/or responsibility.
Within the vast context of organized social, educational, and welfare services, the individual must be given the opportunity to appreciate the heritage of science as it bears upon health and to enjoy the leisure pursuits which are culturally significant to the welfare of the individual. Opportunity must be provided to achieve a measure of self‑realization through participation in an array of planned sequential activities, such as games, rhythms and dance, sports and other areas of activities, which are developmentally so important.
Be it hereby resolved that, the California Association for Health, Physical Education, Recreation and Dance is dedicated to promoting the organization and progress of school, community and statewide programs of health, physical education, recreation and dance which will embody such opportunities and which will insure the inclusion of such programs within the most appropriate philosophical and social context of life in California.
ARTICLE I
Name
The name of this organization shall be "California Association for Health, Physical Education, Recreation and Dance," or "CAHPERD." hereinafter referred to as the Association.
ARTICLE II
Mission/Goals
Section A - Mission
The mission of the Association is to promote healthful lifestyles through quality education for all populations and provide leadership to school, community and statewide programs in the areas of health, physical education, recreation, dance and other movement-related programs. The Association is an educational organization which will achieve its mission by supporting, encouraging, and providing assistance to members statewide as they initiate, develop, conduct and promote programs of health, physical education, recreation, dance and other movement-related programs.
Section
B - Goals
1. Encourage, guide and support professional growth and development in health, physical education, recreation, dance and other movement-related programs based on individual needs, interests and capabilities.
2. Communicate the importance of health, physical education, recreation, dance and other movement-related activities as they contribute to human well-being and growth and development of individuals.
3. Encourage and facilitate research which will enrich health, physical education, recreation, dance and other movement-related activities and disseminate the findings.
4. Develop and evaluate standards and guidelines for personnel and programs in health, physical education, recreation, dance and other movement-related activities.
5. Coordinate and administer planned programs of professional, public and government relations that will improve health, physical education, recreation, dance and other movement-related activities.
6. Develop and implement a variety of programs to promote awareness and sensitivity within the membership of the Association regarding California equity and diversity issues in HPERD professions.
7. Conduct other appropriate activities which are timely and responsive to the professional needs of its members.
Section C ‑ Distribution
of Assets
The Association shall not
contemplate pecuniary gain or profit to the members thereof, and no part of the
net earnings shall accrue to the benefit of any of its members or any other
individual. In the event of the dissolution of the Association and after paying
or adequately providing for its debts and obligations, the Board of Directors
shall dispose of any remaining assets exclusively for educational purposes in
such manner as may be directed by decree of the Superior Court of the State of
California in and for whatever county serves as headquarters upon petition
filed for that purpose by the Board of Directors.
ARTICLE III
Organization
The Association shall include geographical district
s, each comprised of local professional and future professional regions and units. Each district, region and unit shall be composed of divisions, sections, and affiliate organizations, as hereinafter provided.
ARTICLE IV
Membership
The Association shall consist of members as hereinafter provided.
ARTICLE V
Government
The business of the Association shall be conducted by the House of Regions, the House of Representatives, the House of Delegates, the Board of Directors, and the Administrative Committee.
ARTICLE VI
Meetings
Section A
- Annual Business Meetings
There shall be an Annual Meeting of the General Membership at the time and location of the Annual Conference of the Association.
Section B
- Annual Conference
The Association shall sponsor an Annual Conference.
Section C
‑ Regular Meetings
There shall be regular meetings of the House of Regions, the House of Representatives, the House of Delegates, the Board of Directors and the Administrative Committee.
Section D
‑ Special Meetings
The President may, when deemed necessary, call a special meeting of the House of Regions. the House of Representatives, the House of Delegates, the Board of Directors and/or the Administrative Committee. Notices thereof shall state the purpose.
Section E
‑ Quorum
A quorum, consisting of not less than a majority of the voting members of the House of Regions, the House of Representatives, the House of Delegates, the Board of Directors and the Administrative Committee, or their written proxies, shall be necessary for the official transaction of business at such meetings. No member shall hold more than one voting privilege.
ARTICLE VII
Awards
The Association, in accordance with the provisions of the Operating Code of the Awards Committee, may honor individuals for meritorious service.
ARTICLE VIII
Amendment
The Constitution may be amended by a sixty percent (60%) majority vote of the General Membership of the Association that casts ballots.
BYLAWS
Note:
The word ÒAssociationÓ shall be used throughout as reference to the
California Association for Health, Physical
Education, Recreation and Dance (CAHPERD).
ARTICLE I
Membership
Section
A - Categories
The
qualifications and respective categories of membership shall be as follows:
1. Professional
Membership: For any person who
has a professional interest in school and community health, physical education,
recreation, dance or related areas who lives or works within the State of
California.
2. Student
Membership: Open to undergraduate
or graduate students who are preparing for a profession in health, physical
education, recreation or dance who are not employed on a full-time basis in the
profession and who are attending institutions of learning in preparation for
this endeavor. A student may hold
membership in a student (future professional) unit in an educational
institution, as a member of a professional unit, or on an individual
"at-large" basis.
However, in any case, a faculty member of an educational institution
must verify the applicant's status as a student.
3. Transitional
Membership: Designed to
maintain individual membership during the first year beyond graduation. Limited to one time enrollment for one
year, with eligibility for renewal in the professional category.
4. Honorary
Life Membership: For persons
so honored by the House of Delegates of the Association. Honorary life members are not required
to pay dues.
5. Associate
Membership: For anyone whose
academic training or major portion of their job responsibility is not in
health, physical education, recreation or dance, but who is currently involved
in some aspect of health, physical education, recreation or dance. A professional living outside of
California may also qualify for this membership.
6. Institutional
Membership: For any
educational institution, recreation, health or allied agency desiring to
service its staff. Individual
membership privileges shall be granted to one person designated by the
institution.
7. Affiliate
Membership: For an organization
or agency with interests or programs in related Association disciplines and
desirous of establishing an official liaison relationship.
8. Supporting
Membership: For approved
vendors or organizations that wish to make a significant contribution to projects
of the Association.
9. Sustaining
Membership: For any companies,
organizations, or individuals interested in furthering the purpose of the
Association.
10. Retired
Membership: Open to any
retired person who has reached the age of 55 who has been an individual member
of the Association for at least 20 years and, if employed in a related
discipline, is working less than full time.
11. Life
Membership (Professional): For individuals desiring to purchase a long-term membership
with a one-time investment of funds, if approved by the Board of Directors.
Section
B - Dues
1. All
categories of members (except
Honorary and Life Members) shall pay annual dues as recommended by the Board of Directors,
and approved by the General Membership.
2. Dues
will be distributed to the Association Units, Regions and Districts at a
fixed rate per member. All
allocations will be recommended by the Administrative Committee and approved by
the Board of Directors.
3.
The
membership year shall be for one year beginning with the date that dues are
paid and recorded by the Executive Director.
Section C - Privileges
1. If
in good standing, Professional, Student, Transitional, Honorary Life, Retired,
and Life members shall be entitled to the following privileges:
a. Vote in any General
Election and appropriate Unit, Region, and District elections
b. Be eligible to serve in
elective and appointive offices and committees in the Association.
c. Be admitted to and
participate in Association meetings.
d. Receive publications,
announcements, and reports of the Association.
e. Attend any Association
sponsored, supported or endorsed activity at a reduced registration fee.
f. Receive all other
Association services available to the membership.
2. If
in good standing, Associate, Affiliate, Institutional, Supporting and
Sustaining members shall have all the privileges set forth above, except those
listed under subdivisions 1.a and 1.b.
3. If
in good standing, Institutional members shall be entitled to one professional
membership and publications of the Association as established by the Board of
Directors.
Section
D - Application Procedures
1.
Applications
for memberships shall be forwarded to the state office of the
Association.
Honorary
Life Memberships shall be obtained only through action by the House of
Delegates.
2. Affiliation
with the Association shall be governed by the following regulations:
a. To become affiliated, an organization
shall petition the Board of Directors through the Executive Director, at least
forty-five days prior to the next meeting of the House of Delegates. The petition shall include the title,
purpose, and officers of the organization, a copy of the minutes of its last
regular meeting, and the name of the representative(s) proposed for the House
of Delegates, as provided in Article VI, A. 2. The Executive Director shall send a copy of the petition to
each member of the Board of Directors at least ten days prior to their meeting
immediately preceding the next meeting of the House of Delegates.
b. The recommendation of the Board of
Directors shall be submitted to the House of Delegates for action.
3. All
types of membership, with all privileges pertaining thereto become operative
when the Executive Director has received the official membership dues and
approves the membership application.
ARTICLE II
General Membership
Section
A - Composition
All
individuals who hold Professional, Student, Transitional, Honorary Life,
Retired or Life memberships shall comprise the General Membership.
Section
B - Duties
It shall
be the duty of the General Membership to:
1. Effect
changes in the Constitution and Bylaws.
2. Elect State Officers.
3. Act on any additional matters when
so requested by the House of Delegates or the Board of Directors.
4. Establish and approve membership
categories and the amount of dues for each category.
Section
C - Annual Meeting
Unless
otherwise specified by the Board of Directors, an Annual Meeting of the General
Membership shall be at the time and location of the Annual Conference of the Association.
Section
D - Quorum
Unless
otherwise specified in the call for action, a quorum shall not be
specified. All action shall be
effected by a majority of the General Membership casting ballots.
Section
E - Mail Vote
A mail
vote may be conducted at the request of the House of Delegates. Proposals to be voted upon shall be
included in an Association publication and the deadline for receipt of ballots
shall be specified. The House of
Delegates also shall specify the number of legal ballots, which must be
received to enact legislation.
House of Regions
Section A - Composition
The House of Regions shall
include the following voting members: the five (5) District Coordinators, the
five (5) District Coordinator-elects, and the nineteen (19) Regional
Representatives, or their written proxies. No member shall have more than one vote.
Section B - Date of
Taking Office
New members of the House of
Regions shall take office June 1 of each year.
Section C - Duties
1. It
shall be the duty of the House of Regions to:
a. Address the needs and concerns of the
members within the Districts, Regions and Units.
b. Receive reports from designated
committees.
c. Initiate and transact the business of the
Association, except as provided in Article V,
Section C, of these
Bylaws.
d. Recommend budget proposals to the House
of Delegates.
e. Elect members of the House of Regions to
serve as Recorder of the actions of the House,
and Parliamentarian for
meetings of the House.
f. Elect a member of the Association to
serve as Chair or Presider of the meetings of the House.
g. Hold at least two meetings during a
fiscal year.
2. The
Regional Representatives, as members of the House of Regions, shall have the
following duties:
a. Assist the Units in recruiting new
Association members.
b. Participate actively in the Association
and mentoring of prospective leaders.
c. Promote Jump Rope for Heart and Hoops for
Heart.
d. Communicate on a regular basis with
members within their jurisdiction.
e. Provide opportunities for members to
participate in professional development activities.
f. Attend state and district Association
meetings and conferences.
g. Represent their constituents at House of
Regions and House of Delegates meetings and to the general public.
h. Conduct an ongoing program of public
relations.
i. Implement and support Association
programs and policies.
j. Complete and submit required
financial and program reports.
Section
D - Quorum.
A
majority of those eligible to cast ballots shall be required to be present for
the conduct of business.
Section E - Mail Vote
A mail
vote may be taken at the request of the Presider of the House of Regions, or
upon request of at least one-third of the voting members of the House. To enact legislation, a majority of
those eligible to vote shall cast ballots.
Section F - Management of
the House
A Steering Committee,
composed of the five (5) District Coordinators, shall set the meeting agendas.
Section G - Vacancies
Vacancies in the House of
Regions shall be filled in a manner specified by the District or Region in
which the vacancy occurs.
ARTICLE IV
House of Representatives
Section A - Composition
The House of Representatives
shall include the following voting members: the Division Vice Presidents, the
Division Vice President-Elects, the Section Chairs, and the Section
Chair-Elects.
Section B - Date of
Taking Office
New members of the House of
Representatives shall take office June 1 of each year.
Section C - Duties
1. It
shall be the duty of the House of Representatives to:
a. Address the needs and concerns of members
in the area of concern inherent with the office.
b. Create or update position papers
addressing critical issues and present them to the House of Delegates for
ratification.
c. Receive reports from designated
committees.
d. Elect members of the House of
Representatives to serve Recorder of the actions of the House, and
Parliamentarian at meetings of the House.
e. Elect a member of the Association to
serve as Chair or Presider of the meetings of the House.
e. Recommend budget proposals to House of
Delegates.
f. Initiate and transact the business of the
Association, except as provided in Article V, C of these Bylaws.
g. Hold at least two meetings during a
fiscal year.
2.
Duties of the individual members of the
House of Representatives shall include:
a. Maintain communication between all
sections and divisions.
b. Respond to critical issues in their
field.
c. Conduct programs of advocacy and public
relations.
d. Manage and conduct projects and activities
specific to their field.
e. Serve as liaisons to their entities
within and outside the Association.
f. Assist the State Conference Steering
Committee in the development of the yearly state conferences.
3. Division
Vice Presidents shall serve on the state Nominating and Election Committee
during the year immediately following their terms as Vice Presidents.
Section
D - Quorum.
A
majority of those eligible to cast ballots shall be required to be present for
the conduct of business.
Section E - Mail Vote
A mail
vote may be taken at the request of the Presider of the House, or upon request
of at least one-third of the voting members of the House. To enact legislation, a majority of
those eligible to vote shall cast ballots.
Section F - Management of the House
A Steering Committee
consisting of the six (6) Vice Presidents shall set the meeting agendas.
Section G - Vacancies
If a vacancy occurs in the
House of Representatives, it shall be the duty of the President, with the
approval of the Board of Directors, to appoint a successor.
ARTICLE V
Board of Directors
Section A - Composition
The Board of Directors shall
include voting and non-voting members.
1. Voting
members shall include the President, who shall serve as Chair, the immediate
Past President, the President-Elect, the Division Vice Presidents, the District
Coordinators, the Chairs of the
Future Professional and the Seniors Sections and the Chairs of the House of
Regions and House of Representatives.
2. Non-voting
members shall include the Executive Director, the Parliamentarian, the
Treasurer, and the Chairs of the Foundation and the Long Range Plan Oversight
Committee.
Section B - Date of
Taking Office
Members
shall take office June 1 of each year and serve concurrent with their terms of
office in the Association.
Section C - Duties
1. Supervise
and direct the affairs of the Association, subject to the limitations and
restrictions provided by the Bylaws and Constitution.
2. Appoint
and remove the Executive Director of the Association, approve a contract of
employment, and adopt policies that prescribe duties, compensation, working
conditions, and benefits of support staff.
3. Approve
the financial polices and annual operating budget, supervise receipts and
expenditures and insure proper procedures for the safekeeping and accounting of
all funds of the Association.
4. Recommend
to the General Membership increases in the cost of membership dues.
5. Determine
the time and place of meetings of the Association, the House of Regions, the
House of Representatives, the House of Delegates, the Board of Directors and
such other professional meetings and conferences as may be sponsored by the
Association.
6. Approve
the chairs and other persons of the standing and ad hoc committees as appointed
by the President and designate to whom they shall report.
7. Provide
for the maintenance of a complete record of the meetings of the House of
Regions, the House of Representatives, the Board of Directors, and the House of
Delegates, for the maintenance of membership records, and for the preparation
of annual reports, finances and activities.
8. Determine
policies governing the administrative services and publications.
9. Establish
new geographical boundaries and/or modify existing ones.
10. Approve
or revoke charters for Regions and for professional and future professional
(student) units of the Association.
11. Determine
disposition of funds of inactive units, regions, and districts.
12. Approve
the liaison relationship of statewide or national organizations or agencies
with the Association.
13. Review
the Affiliate membership applications and make recommendations to the House of
Delegates.
14. Submit
a copy of all action items of the Board of Directors to voting members of the
House of Delegates within 10 days following the December and June meetings.
15. Hold at least
four meetings during the fiscal year.
16. Exercise
and perform such other duties as may be prescribed elsewhere in the Bylaws.
Section
D - Quorum.
A
majority of those eligible to cast ballots shall be required to be present for
the conduct of business.
Section E - Mail Vote
A mail vote may be taken at the request of the President, or
upon request of at least one-third of the voting members of the Board of
Directors. To enact legislation, a
majority of those eligible to vote shall cast ballots.
Section F - Management of
the Board
The President and Executive
Director, in consultation with the Administrative Committee, shall set the
meeting agenda.
Section G - Vacancies
It shall be the duty of the
President to appoint successors for vacancies in appointed positions. Vacancies in elected offices shall be
filled as provided elsewhere in these Bylaws.
ARTICLE VI
House of Delegates
Section A - Composition
The House of Delegates shall include voting and
non-voting members.
1. Voting
members shall include the voting members of the House of Regions, the House of
Representatives, and the Board of Directors. The President shall serve as Chair.
2. Non-voting
members shall include the Executive Director, the Treasurer, the
Parliamentarian, the Foundation Chair, the Chairs of Standing and Ad Hoc
Committees, representatives of affiliated organizations and/or agencies, and
other designated liaisons.
Section B - Dates of
Taking Office
New members of the House of
Delegates shall take office June 1 of each year.
Section C - Duties
1. Initiate
and transact any business of the Association, except as provided in Article V,
C of these Bylaws.
2. Review
slate of proposed officers and, if desired, nominate additional persons to run
for office.
3. Establish
timelines for casting of absentee ballots for the election of officers.
4. Recommend
changes in financial policies or budget allocations to the Board of Directors
through the Administrative Committee.
5. Exercise
veto power over actions of the House of Regions and the House of
Representatives upon a majority vote of the entire voting membership of the
House. All vetoed items are to be
returned to the House of origin.
6. Exercise
veto power over actions of the Board of Directors, excluding those dealing with
financial, legal and personnel issues, upon a majority vote of the entire
voting membership of the House.
7. Elect
an interim President in the case of death or incapacity of the President, the
President-Elect and the immediate Past President.
8. Approve
Section status for the General Division.
9. Receive
reports from assigned committees.
10. Recommend
action items to be referred to the General Membership for a vote.
11. Initiate
and/or ratify position papers and resolutions.
12. Hold
at least two meetings during the fiscal year.
Section
D - Quorum.
A
majority of those eligible to cast ballots shall be required to be present for
the conduct of business.
Section E - Mail Vote
A mail vote
may be taken at the request of the President, or upon request of at least
one-third of the voting members of the House. To enact legislation, a majority of those eligible to vote
shall cast ballots. If the action
calls for a veto, then two-thirds of those eligible to vote shall cast ballots.
Section F - Management of the House
The President, in
consultation with the Presiders of the House of Regions and the House of
Representatives, shall set the agenda.
ARTICLE VII
Administrative Committee
Section A - Composition
The Administrative Committee
shall consist of the President, the Past President, the President-Elect, the
Treasurer, and the Executive Director, who shall serve in an ex-officio
non-voting capacity.
Section B - Date of
Taking Office
Elected members of the
Administrative Committee shall take office June 1 of each year.
Section C - Duties
The primary function of the Administrative Committee
is to make recommendations to the Houses and the Board of Directors. Other duties include:
1. Serve
the needs of the membership.
2. Respond
to internal and external matters of the Association.
3. Coordinate
the functions of the Association.
4. Propose
agenda items for meetings of the Board of Directors and the House of Delegates
and refer items for the proposed agendas of the House of Regions and the House
of Representatives.
5. Propose
direction and programs that meet the needs of the membership.
6. Develop
and monitor Association budgets.
7. Monitor
the progress of committees and Association programs.
8. Serve
as representatives of the Association to other groups.
9. Meet
at least four times each fiscal year prior to the meetings of the Board of
Directors. Other meetings may be
held as determined by the President and Executive Director, or if requested by
at least three members of the Administrative Committee.
Section
D - Quorum.
A
majority of those eligible to cast ballots shall be required to be present for
the conduct of business.
Section E - Management of
the Committee
The President and the
Executive Director shall set the agenda.
ARTICLE VIII
Officers
Section
A - Officers
1. The
elected state officers of the Association shall consist of the President, the
immediate Past President, the President-Elect, the Division Vice Presidents and
Division Vice Presidents-Elect, representing School and Community Health,
Physical Education, Recreation, Boys and Men's Athletics, Girls and Women in
Sport, and Dance respectively.
2. Other
elected officers shall include District Coordinators, Regional Representatives,
Unit Presidents, and Section Chairs of the General Division.
Section
B - Duties
1. The
President shall preside over meetings of the House of Delegates and the Board
of Directors, and shall perform such other duties as are customarily executed
by the office.
2. The
Past President shall chair the Nominating and Election Committee. In the event of the incapacitation,
resignation, or death of the President, the Past President shall provide the
leadership and conduct of the business of the Association normally provided by
the President.
3. The
President-Elect shall supervise the General Division and perform duties as may
be assigned by the President. In the event of the incapacitation, resignation
or death of the President and the Past President, the President-Elect shall
provide the leadership and conduct of the business of the Association normally
provided by the President. In the temporary absence of the President, the Past
President and the President-Elect, the House of Delegates shall select a member
to serve as President.
4. The
Division Vice Presidents, under the general direction of the Chair of the State
Conference Steering Committee, shall be responsible for organizing a program
for their divisions for the Association annual conference and shall act as
chairs of the standing committees which bear the title of their divisions. Division Vice President-Elects shall be
the Vice Chairs of said committees respectively, and shall assist the Vice
Presidents in carrying out their duties and functions.
5. Other
duties of these and other officers shall be set forth in their respective
operating codes or job descriptions.
Section
C - Nominations and Elections
1. The Association
Nominating and Election Committee shall be approved by the President at least
nine months prior to the Annual Conference. The committee shall be composed of eight members: the immediate Past President, who shall
serve as Chair; one member-at-large, appointed by the President and the six
divisional nominating committee chairs, who shall be the immediate Past Vice
Presidents of their respective divisions.
It shall be the duty of this committee to select at least two nominees
for the office of the President-Elect.
2. A Nominating Committee
shall be appointed for each of the six divisions (School and Community Health;
Physical Education; Recreation; Boys and Men's Athletics; Girls and Women in
Sport, and Dance) by each of the
Vice Presidents. The immediate Past Vice President of the respective division
shall serve as chair. It shall be
the function of each of these committees to submit to the Chair of the
Nominating and Election Committee the names of at least two nominees for the
position of Vice President-Elect of that division no later than August 1 of
each year.
3. Nominations
for the elected state officers of the Association shall be made by the
Nominating and Election Committee no later than September 1. The Committee
shall present the slate to the House of Delegates for its consideration at the
September meeting of the House.
Nominations from the floor may be made at that time. In the event the slate is not
completed, the House of Delegates may authorize the Nominating and Election
Committee to complete it no later than November 10. The House of Delegates shall establish a deadline for return
of absentee ballots.
4. The
Chair of the Nominating and Election Committee shall submit the names of all
nominees for office to the Executive Director who shall verify their
eligibility. Upon verification,
the Chair shall submit the names and vitae of each nominee and an absentee
ballot to be printed in an Association publication. This information shall be distributed to the General
Membership no later than November 30 of each year.
5. The
President-Elect and the division Vice President-Elects shall be elected at the
Annual Conference of the Association by the General Membership. A majority of the votes cast by
members, who are present or by absentee ballot, shall be necessary to elect.
The new officers shall take office June 1st and shall hold office for one year.
ARTICLE IX
Staff
Section
A - Executive Director
There shall be an Executive Director who shall function
with the direction and consent of the Board of Directors. The Executive Director shall be selected
by the Board of Directors for a term to be set by the Board and shall be paid
financial compensation in a reasonable amount set by the Board. The Executive Director shall serve
within the terms and conditions as established by the employment contract between
the Association and the Executive Director.
Section B -
Responsibilities
The Executive
Director shall have the following responsibilities:
1. Serve
as the general manager of the Association subject to the control of the Board
of Directors.
2. Be
responsible for statewide membership promotion.
3. Be
responsible for the receipts, disbursement, and accounting of all Association
funds.
4. Supervise
and direct the activities, operation, services, and personnel of the state
office.
5. Attend
all meetings of the Board of Directors and, when requested, the House of
Delegates, and assign staff to serve as recorders for each of these groups.
6. Oversee
the implementation of policies and programs as initiated by the Board of
Directors and the House of Delegates
7. Act
as chief negotiator and signatory for all Association agreements and contracts.
8. Provide
professional leadership on statewide projects.
9. Serve
as a consultant or ex-officio member of Association committees.
10. Render
such reports and keep such records as are needed.
11. Coordinate
all correspondence pertaining to the business of the Association.
With
the approval of the Board of Directors, the Executive Director may recruit,
train, employ, discharge and otherwise create a staff of assistants that may be
required for the efficient performance of assigned duties, making such
financial arrangements with such assistants as deemed appropriate within the
available funds allocated to the function by the Association budget.
ARTICLE X
Foundation for the Promotion
of Healthy Lifestyles
Section
A - Governance
The
Foundation shall be a self-supported substructure of the Association organized
to support the Association through fundraising activities as directed and approved
by the Association. The Foundation
shall be subject to the control and direction of the the Association Board of
Directors, which may provide that the activities of the Foundation be conducted
by a Board of Trustees appointed by the the Association Board of Directors, on
the recommendation of the Administrative Committee. The Board of Trustees of the Foundation may adopt such
governance documents for the Foundation as it sees fit, including Bylaws.
Section
B - Description
The
CAHPERD Foundation for the Promotion of Healthy Lifestyles (hereinafter
referred to as the Foundation) is a non-profit structure of the Association.
Section
C - Function
It shall
be the function of the Foundation:
1. To
receive tax deductible donations to support activities and projects in schools
and communities designed to encourage persons of all ages to adopt healthier
lifestyles.
2. To
solicit and receive by gift, devise or otherwise, monies and property, real and
personal, to be held, managed, and used for activities and projects of the
Association.
Section
D - Administration
The
business of the Foundation shall be conducted by a nine (9) member Board of
Trustees appointed by the Board of Directors of the Association upon
recommendation of the Administrative Committee. Trustees may serve no more than three consecutive terms. Initial appointments shall be for
staggered, three (3) year terms.
Vacancies on the Board of Trustees shall be filled through
recommendations of the remaining Board members to the Administrative Committee.
Section
E - Committees and Advisors
The
Board of Trustees may:
1. Appoint
committees. The charge to such
committees shall be stated in the resolution and powers shall be limited to
this charge.
2. Appoint
advisors. The criteria for
selection and function of the advisors shall be set forth in the charge.
Section
F - Finances
The
Director shall:
1. Be
the principal custodian of the funds and accounts of the Foundation, shall be
responsible for the collection of revenues and shall be responsible for the
payment of expenses.
2. Prepare
financial reports as may be required by the Board of Trustees, the governing
bodies of the Association, and/or state and federal statutes.
Section
G - Operating Code
Further
duties and responsibilities of the Foundation, the Board of Trustees and the
employee(s) of the Foundation shall be set forth in an operating code.
Section
H - Seal
The seal
of the Foundation shall serve as the official symbol of the Foundation and
shall not be replicated without approval of the Board of Trustees.
ARTICLE XI
Committees
Section
A - Types of Committees
There
shall be Standing Committees and Ad Hoc Committees.
1. Standing
Committees: There shall be the
following standing committees: Awards, Constitution and Bylaws, Editorial
Board, Governance and Structure, Investment, Jump Rope for Heart, Legislative,
Long Range Plan Oversight, Membership, Nominations and Elections, Office,
Publications, Public Relations, Resolutions/Position Statements, and
Scholarships. The structure and
function of standing committees shall be stated in their respective operating
codes.
2. Ad
Hoc Committees: Ad Hoc committees
and other annual event committees are indefinite in number and are appointed
for relatively specific duties.
They must have a written charge from the President or
President-Elect. They need not
have codes, but the written charge must be on record with the Governance and
Structure Committee.
Section
B - Appointment of Chairs
The
President shall appoint chairs of committees, except for the State Conference
Steering Committee and the Fall Physical Education Steering Committee Chairs
and Managers, who will be appointed by the President-Elect for his or her
presidency. All appointments must
be approved by the Board of Directors.
The President should make every effort to seek the widest representation
possible.
Section
C - Status of Committees
Committee
chairs may attend Association meetings at their own expense, or with
Association funding upon invitation and/or approval by the President, but will
not be voting members.
ARTICLE XII
Units, Regions and Districts
Section A - Composition
Units, Regions and Districts shall be components of
the Association.
Section B - Unit Charter
1. A
charter for a professional unit of the Association shall be issued by the
Executive Director when the following provisions have been met:
a. The unit has at least ten current
members.
b. A petition for a unit charter is
submitted to the Executive Director, with a copy to the District Coordinator
and the Regional Representative.
c. The petition must be accompanied by a
list of officers of the unit, a copy of its constitution and bylaws, and a
description of the unit's boundaries.
d. The name of the unit may not be the same
as, nor confusingly similar to, the name of another chartered unit in the
state.
e. The Association Board of
Directors must approve the petition of the unit.
f. The unit must file for an
identification number with the Internal Revenue Service.
2. A
unit may have its charter revoked by action of the House of Regions if it fails
to meet all of the following qualifying standards for three consecutive fiscal
years.
a. A minimum of 10 members in "good
standing."
b. Annual Program Report, including a list
of officers, has been submitted for at least one of the last three years.
c. Annual Financial Report, including the
current signature names on all bank accounts, has been submitted for at least
one of the last three years.
Section C - Regions
Regions, comprised of one or more contiguous Units
within a District, shall be formed to more effectively promote the welfare of
the Association.
1. A
charter for a region of the Association shall be issued by the Executive
Director when the following provisions have been met:
a. A petition for a region charter is
submitted to the Executive Director, with a copy to the District Coordinator
and the Unit President(s).
b. The petition is accompanied by a list of
officers of the region and a copy of their constitution and bylaws.
c. The name of the region is not the same as, nor confusingly
similar to, the name of another chartered entity in the state.
d. The Association Board of Directors
approves the petition of the region.
e. The Region files for an identification
number with the Internal Revenue Service.
2. A
region may have its charter revoked by action of the House of Regions if it
fails to meet all of the following qualifying standards for three consecutive
fiscal years.
a. Annual Program Report, including a list
of officers, has been submitted for at least one of the last three years; and
b. Annual Financial Report, including the
current signature names on all bank accounts, has been submitted for at least
one of the last three years.
Section D - Districts
Districts, comprised of a number of Units and
Regions, shall be formed to more effectively promote the welfare of the
Association. It is recommended
that such groups (1) accept the geographical boundaries established by the
Association and (2) adopt a form of organization, which seems best among the
units, the regions, the districts, and the state organization. Their primary function shall be to act
as discussion centers and clearing houses for officers of units within the
several regions and districts of the state. Each district may conduct an annual district
conference. When the annual state
conference assembles within a given district, the state and district
conferences may be combined.
Section E - Governance
Each district, Region and unit of the Association may
make its own constitution, elect its own officers, and manage its own affairs,
provided its constitutions and bylaws contain the following minimum provisions:
1. Name
and geographical boundaries of the organization.
2. Statement
of purposes and acknowledgement of its status as a component of the Association
3. Fiscal
year, terms of office, etc., corresponding to those of the Association.
4. Officers
and their duties, methods of election, term of office, vacancies, and quorum.
5. Provisions
for divisions, sections, and standing committees the same as those of the
Association, as needed.
6. Provisions
for meetings: (a) unit: recommended at least four times a year;
(b) regions: determined by regions and (c) district: annual conference and other meetings.
7. Provisions
for amending the constitution and bylaws.
8. Annual
financial and program reports are filed with the state office.
9. Procedures
for collection, expenditure, reporting and safeguarding of funds reflect
established Association guidelines, state and federal non-profit requirements
and accepted legal and ethical standards
Section F - Appointments
It is recommended that unit presidents, regional
representatives and district coordinators, immediately upon assuming
office, appoint chairs for sections, standing and other committees comparable
to those of the Association and include these in the official list of officers
which is sent to the Executive Director.
ARTICLE XIII
Divisions, Subdivisions and
Sections
Section
A - Composition
The
Association shall consist of divisions, subdivisions, and sections as follows:
1. School
and Community Health Division
Subdivisions: School Health Education, Community
Health Education, Health Services, and Safety.
2. Physical
Education Division
3. Recreation
Division
Subdivisions: Aquatics,
Intramural Sport, Outdoor Recreation, School/Community Recreation
4. Boys
and Men's Athletics Division
5. Girls
and Women in Sport Division
6. Dance
Division
7. General
Division:
Sections: Adapted Physical Education,
Administration/Supervision, College and University, Community College, Early
Childhood/Elementary Physical Education, Future Professionals, Multicultural
Dynamics, Professional Education, Research and Seniors
Section
B - Operating Code
Each
division and section shall have an operating code. It shall have a functional committee consisting of
comparable Vice Presidents and chairs of districts, regions and units for
purposes of coordinating and improving the effectiveness of the work of the
Association at all levels or organizations.
Section
C - Activities
Each
division and section shall present or sponsor at least one program in
connection with the annual conference of the Association. A business meeting of each division and
section shall be held at the conference to present an annual report and, for
sections, to elect officers.
Section
D - Sections
Establishment
of additional sections of the General Division may be made as in either
"1" or "2" below.
1. A
petition to the House of Delegates by at least 25 members in good
standing. Such a petition to
include:
a. An approved operating code of the
proposed section.
b. An elected chair of the section and, if
desired by the petitioners, other officers.
c. A list of meaningful projects which
demonstrate justifications for the section's proposed existence.
2. Recommendation
by the President-Elect as supervisor of the General Division and approval of
the House of Delegates, subject to the acceptance within one year by the House
of Delegates of "a," "b," and "c" above.
Section
E - Subdivisions
Divisions
may establish subdivisions in the following manner:
1. The
Vice President of the Division will determine the need for a special emphasis
within the discipline.
2. The
Vice President will appoint a chair and other officers, as needed.
3. The
Vice President will add or amend the division code to include the purpose,
procedures, duties, duration, etc., of the subdivision.
Subdivisions may become sections of the General Division if
and when they meet the Bylaws criteria for sections, and comply with the code
of the General Division.
ARTICLE XIV
Representation - Other
Organizations
Section
A - AAHPERD and Southwest District AAHPERD
1. The
President, Executive Director, and the President-Elect, in this order, shall
serve as active representatives to the Representative Assembly of the American
Alliance for Health, Physical Education, Recreation and Dance (AAHPERD). Other active representatives to which
the state Association may be entitled shall be appointed for one-year terms by
the President, with the approval of the Board of Directors.
2.
The President and President-Elect shall serve as representatives of the
Association on the Board of Directors of the Southwest District AAHPERD. The
Executive Director shall serve as an ex-officio, non-voting member. Other representatives shall be
appointed by the President with the approval of the Board of Directors.
Section
B - Other Related Organizations - Liaison
1. The
President, with the approval of the Board of Directors, shall, not later than
forty-five days after assuming office, appoint representatives to all approved
organizations with which the Association has established a liaison
relationship. These
representatives shall make written reports to the House of Delegates through the
President.
2. The
President may, with the approval of the Board of Directors:
a. Invite an organization in a related field
to appoint a liaison representative to serve in a non-voting capacity in the
House of Delegates.
b. Appoint a member as liaison representative
of the Association to such an organization, upon invitation.
3. Representatives
of the Association are free to express opinions and may provide information as
advisable, but may not commit the Association nor express an official position
of the Association unless empowered by the Board of Directors to do so.
Section
C - Affiliate Member - Regulations
1. The
Board of Directors shall submit to the House of Delegates recommendations
regarding recognition or termination of Affiliate members.
2. Each
Affiliate may designate one person to serve as a liaison to the House of
Delegates.
3. An
Affiliate organization may present or sponsor a program in connection with the
annual conference, subject to approval of the State Conference Steering Committee.
ARTICLE XV
Use of Name and Logo
Use of
the Association name and/or logo is subject to the approval of the Executive
Director within policies established by the Board of Directors and regulations
set forth in the Constitution/Bylaws, Articles of Incorporation and/or other
governing documents which define the Association as a non-profit educational
association.
ARTICLE XVI
Finances
Section
A - Composition
The
financial affairs of the Association shall be administered by the Executive
Director, subject to the approval of the Board of Directors.
Section
B - Fiscal Year
The
fiscal year of the Association begins on the first day of June of each year and
ends on the last day of May the following year.
Section
C - Audit
The
financial accounts of the Association shall be reviewed at the conclusion of
each fiscal year, and shall be audited at the end of every third year and upon
the replacement of the Executive Director and/or the Associate Director of
Finance.
Section
D - Treasurer's Report
The
Treasurer shall make a report at each meeting of the Board of Directors and the
annual business meeting of the House of Delegates and the Association.
ARTICLE XVII
Equal Opportunity
The
Association shall provide equal opportunity to all persons to participate in
activities sponsored, supported or endorsed by the Association, without
discrimination on the basis of color, religion, age, gender, national origin,
sexual orientation, disability or handicap.
ARTICLE XVIII
Rules of Order
The
rules contained in Robert's Rules of Order Newly Revised shall govern the
Association in all cases where they are not contrary to articles of the
Constitution and Bylaws. It shall
be the duty and responsibility of the Parliamentarian to interpret such Rules
of Order.
ARTICLE XIX
Amendments
Section
A - Submission of Proposed Changes
Proposed
changes to these Bylaws may be submitted by
1. Any
voting member of the Association to the Board of Directors, or
2. By
any Association unit, region, district, subdivision, division, section or
committee to the Board of Directors.
Section
B - Disposition of Proposed Changes
The
Board of Directors shall review the proposal and shall either recommend that it
be forwarded to the House of Delegates or that it be returned to the
proposer. If a proposal is
returned, the Board of Directors shall indicate the reason for its return;
e.g., lacks sufficient rationale, appears to be inconsistent with the purposes
of the Association, or is inconsistent with the Bylaws or Constitution of the
Association.
Section
C - Notification to General Membership
1. The
proposal shall be submitted to the Chair of the Constitution and Bylaws
Committee, no later than October 1 to develop appropriate language for the
Bylaws.
2. In
concert with the Committee, the Chair of the Constitution and Bylaws Committee
shall develop language and a sample ballot and include instructions for casting
an absentee ballot. This
information shall be forwarded to the Association office no later than November
15.
3. This
information shall be distributed to the General Membership no later than
November 30.
Section
D - Action by the General Membership
These
Bylaws may be amended by a sixty percent (60%) majority vote of the General
Membership that casts ballots.