BYLAWS
Kentucky Mental Health Counselors Association
ARTICLE I. NAME AND PURPOSE
Section
1. Name
The
name of this association shall be the Kentucky Mental Health Counselors
Association.
Section
2. Purposes
The
purposes of the Kentucky Mental Health Counselors Association are as follows:
a.
Advance the profession of mental
health counseling.
b. Promote the exchange of professional
information among mental health counselors by means of a newsletter, a list
serve, and other scientific, educational, and professional materials.
c. Provide continuing education opportunities
through conferences, workshops, and other means that assist mental health
counselors in updating and enhancing their competencies.
d. Promote standards for the training of mental
health counselors.
e. Promote
positive relations with other professional organizations for effective advocacy
of mental health issues.
f.
Promote a
program of effective public relations to enhance awareness of mental health
counseling and the competencies and services of its practitioners.
g. Promote high standards for credentialing of mental health counselors by advocating for licensure of all
Section 3. Association Memberships
Although a division of the Kentucky
Counseling Association (KCA) and a branch of the American Mental Health
Counselors Association (AMHCA), the association shall not be bound by the
bylaws of any other organization or by changes in the bylaws of any
organization of which it is a member unless such bylaws or such changes have
been approved by a majority vote of the board of the association.
ARTICLE
II. MEMBERSHIP
Section 1. Types of Membership
There
shall be four types of membership: clinical, regular, retired, and
student. Only clinical, regular and
retired members may vote. Only clinical
and regular members in good standing are eligible for election to an elective
office. Only clinical members may be
eligible for election to the executive offices of President and
President-Elect.
Section 2. Requirements of Membership
a.
Clinical Members
(1) Eligibility. Applicants for clinical membership shall
certify that they hold at least a master’s degree from an accredited
institution of higher learning in counseling or a related area that covers the
basic principles of mental health counseling and are licensed/certified as a
clinical counselor in the Commonwealth of Kentucky.
(2) Procedure. Any person desiring to become a member of
the association shall make application and shall become a member of the
association upon (i) certifying that the required professional standards have
been met, (ii) approval of the application, and (iii) the payment of dues. The specific procedures for implementing
this section shall be specified in policy adopted by the board of directors.
(3) Obligations
and Privileges. A clinical member must
pay annual dues. A clinical member in
good standing shall be entitled to vote, to attend meetings of the association,
and shall be eligible to hold office in the association.
(4) Retained
Privileges. At the inception of
professional standards for membership, no individual shall be deprived of any
privileges heretofore granted by reason of membership in the association. Such privileges shall continue as long as
the member remains in good standing.
Re-application for membership after relinquishing it for whatever reason
shall be based on the new membership criteria.
b.
Regular Member
(1) Eligibility.
Any person whose primary work-related responsibilities are in the area
of human services, counselor education, or a related field shall be eligible
for regular membership in the association.
(2) Procedure. Any person desiring to become a member of
the association shall make application and shall become a member of the
association upon (i) certifying that the required standards have been met, (ii)
approval of the application, and (iii) the payment of dues. The specific procedures for implementing
this section shall be specified in policy adopted by the board of directors.
(3) Obligations and Privileges. A regular member must pay annual dues. A regular member in good standing shall be
entitled to vote, to attend meetings of the association, and shall be eligible
to hold office in the association. Regular members shall not, however, be
eligible to hold the office of President or President-Elect.
(4) Retained
Privileges. At the inception of these
standards for membership, no individual shall be deprived of any privileges
heretofore granted by reason of membership in the association. Such privileges
shall continue as long as the member remains in good standing. Re-application for membership after
relinquishing it for whatever reason shall be based on the new membership
criteria.
c.
Retired Members.
Members in retirement shall be entitled
to reduced annual dues and shall maintain all the privileges of regular
membership except that retired members are not eligible to hold office.
d.
Student Members.
Any student enrolled in an accredited
graduate or undergraduate program for half time or more in the areas of human
services, counseling, or a related field shall be eligible to become a student
member of the association for a three-year period. Exceptions of the three-year time limit can be made upon receipt
of additional verification from the student’s major advisor. An additional year
of membership at the student rate will be granted for the year following
graduation while the member establishes him/herself in the mental health
counseling profession. Student members may attend meetings of the association,
but shall not be entitled to vote and shall not be eligible to hold
office.
Section
3. Dues
Annual
association dues for members shall be established by action of the board of
directors and shall be collected by the association treasurer.
Section 4. Severance of Membership
a. A
member may be dropped from membership
for conduct that tends to injure the association or which violates the bylaws
or code of ethics of the association.
Members charged with engaging in such conduct shall be given notice of
the precise nature of the charge, shall be given the opportunity to present
evidence in their behalf through witnesses or otherwise, shall be given the
opportunity to confront witnesses against them, and shall have the right to
appeal and have a hearing before the association board of directors, whose
decision shall be final.
b. A member may be dropped from membership for:
(1) nonpayment of dues
(2) falsely certifying that divisional qualifications
have been met.
ARTICLE
III. OFFICERS OF THE ASSOCIATION
The
elected officers of this association shall be president, president-elect, past
president, secretary, treasurer, newsletter editor, and communications officer.
Other officers may be elected as deemed appropriate by the board of directors.
Officers must be members in good standing of AMHCA. Elections are held following the election procedures of KMHCA. The association may appoint an Executive
Director and other staff as deemed necessary to provide administrative
continuity and support. The Executive
director shall be an ex-officio member of the board. The Executive is a
continuing appointment until such time that resignation or removal by a
majority of the board terminates the relationship.
Section 2. Elections and Terms of Officers
a. All terms of office begin on July 1. The duration of each term is two (2) years.
b. The
president-elect will succeed to the office of president of the association on
July 1 two (2) years following the commencement of the term as president-elect,
or upon the death or resignation of the president. In the event that the
president-elect should die, resign, or be otherwise unable to continue in the
office prior to becoming president, the board of directors shall fill the
office in a manner to be determined by policy.
c.
Upon the conclusion of a
president's term of office, he or she shall continue as a member of the board
of directors in the office of past president for a term of two (2) years. In the event that the past president should
die, resign, or be otherwise unable to continue in the office until the
conclusion of the term, the board of directors shall fill the office in a
manner to be determined by policy.
d. Prior
to the commencement of their term, if for any reason an officer-elect should be
unable to assume the office to which they have been elected, the board of
directors shall fill the position in a manner to be determined by policy.
e.
Should a member of the association
find cause to contest the eligibility of any nominee, a written notice shall be
given to the board of directors within thirty (30) days after publication of
the slate of candidates, if no challenge is made during this time, the slate
becomes incontestable.
f. Except
as otherwise provided in this section, vacancies occurring on the board of
directors during the terms of office of the respective members shall be filled
by the board in a manner to be determined by policy.
Section 3. Powers and Duties of Officers
a. The
president shall serve as presiding officer of the association, as a member of
and chair of the board of directors of the association. The president shall, in collaboration with the
board of directors, appoint all special committees, task forces, and
representatives to external bodies. The
president shall perform such other duties as are incident to the office, or as
may be properly required by vote of the board of directors and/or as specified
by policy. The president shall also
appoint members to fill vacancies on standing committees occurring during
his/her term of office.
b.
The president-elect shall serve as
a member of the board of directors and shall perform such duties as may be
directed by the board of directors and/or by policy. The president-elect shall nominate the members of all standing
committees. Such nominations shall be
presented and approved by the board of directors.
c. The
past president shall serve as a member of the board of directors and shall
perform such duties as may be directed by the board of directors and/or by
policy.
d.
The secretary/treasurer
will be responsible for maintaining the association’s budget and disbursing
funds as directed by the association’s officers. The secretary/treasurer will provide financial reports to
the board of directors and the association.
e.
The
secretary shall be responsible for recording minutes of all official meetings
and for the timely distribution of these minutes to all members.
f. The communications officer shall be responsible for the formal dissemination of information to the association’s membership, to the general public, and other mental health stakeholders. Areas of responsibility include, promotional brochures, pamphlets, flyers, videos, and other association publications.
g. The newsletter editor is responsible for the compilation and publishing of a regular association newsletter.
h. The executive director provides continuity and stability throughout presidential administrations is responsible for the ongoing operation of the association. Additionally, the executive director serves as the legislative liaison and advocate for the association by providing political representation at state and national levels.
a. The board of directors shall be the agency
through which the general administrative and executive functions of the
association are affected. The board
shall be responsible for developing and implementing all policies pursuant to
these bylaws.
b. The board of directors shall conduct, manage
and control the business of the association.
Section 5. Meetings
a.
The board of directors shall meet
at least twice a year at a time and place designated by the president and
approved by the board of directors. Meetings at other specified times may be
designated by either the president or a majority of the board of directors.
b. A
simple majority of the members of the board of directors shall constitute a
quorum.
c. The
annual business meeting of the association shall take place at a time and place
designated by the president and approved by the board of directors. The date and location will be published in
the association’s newsletter. Association business may be placed before the
membership assembled at that time at the direction of the board of
directors.
Section 6. Removal from Office
An
elected officer may be removed from office by a two-thirds majority of the
KMHCA board of directors.
a. Reasons
for removal from office are:
(1)
Violation of the professions ethical code.
(2)
Failure to carry out duties/
responsibilities of office
b.
The process of removal from office
must be initiated in writing by a member of the association. Two additional letters from members
supporting removal from office must accompany the initial charge. Ethical violations must be dealt with according
to procedures detailed in policy relating such matters. The following steps will apply in sequence
when the charge relates to failure to carry out the duties or responsibilities
of one's office:
(1) Written documentation of charges must be presented to the KMHCA
president. In cases where the president
is being charged, the past president shall receive the written documentation of
the charges.
(2) Notification of the charges must be provided to the officer in
question and to the KMHCA board of directors.
(3) Consideration of this issue, in closed executive session, by the
KMHCA board of directors.
(4) Attempts will be made to resolve the issues through appropriate
communication channels with the intent of keeping the person in office, if
possible.
(5) Removal from office can occur by a two-thirds majority vote of the voting
board of director's members.
(6) There will be an opportunity for the accused to respond to charges,
either in person or in written form to the board of directors.
(7) Removal from office will not be official until thirty (30) days from
the date of action taken regarding charges by the KMHCA board of directors.
(8) An appeal process will be available within thirty (30) days from the
date of action taken regarding charges by the KMHCA board of directors.
(9) The accused member of the board of directors will be required to
abstain from voting on the issue; the accused officer may also be asked to
leave the session in which the issue is considered by the remainder of the board of directors.
(10)
If removal
from office results, written notice to this effect will be provided to the
person charged by the KMHCA president or past president; removal will also be
duly recorded in minutes of the next board of directors meeting, along with the
effective date of removal.
ARTICLE
IV. VOLUNTEER LEADERS AND COMMITTEES
Section 1. Representatives to External Bodies
The
association board of directors shall appoint KMHCA representatives to the KCA
Board of Directors, the Kentucky Mental Health Coalition Board of Directors,
and other professional groups as required.
These appointees serve at the pleasure and will be accountable to the
KMHCA board. They will report to the
board according to schedules specified by policy, or specific instructions, and
will be subject to recall by the board. Depending upon the bylaws of the
respective entities, these external representatives may serve more than one
term.
Section 2. Committees Generally
The
committees of the association shall consist of standing committees and such
special committees as may be deemed necessary by the board. Nominations for appointments to all
committees will be made collaboratively between the president-elect (the
president in the case of special committees and task forces) and the board of
directors after broad solicitation for interested members; the president-elect
will submit the committee nominations to the board for their approval. Special committees shall be appointed for a
term of one year. The board on an annual
basis must renew the mandate of special committees. Standing committees shall consist of six members, each of whom
shall serve terms of two (2) years to correspond with the term of the
board. Members of standing committees
may be re-appointed for additional terms.
Section 3. Standing Committees
The following shall be standing
committees of KMHCA:
(1) Ethics
(2) Finance
(3) Professional Issues
(4) Public Policy and Legislation
(5) Member Services
(6) Public Awareness and Support
(7) Professional Development
Section 4. Reports
Each
committee shall report to the president, in writing, the salient activities,
financial information and progress of the committee as indicated in the annual
committee guidelines.
Section 5 Task Forces
Task
forces may be established as deemed necessary to conduct the affairs of the
association. The task force chair and
members shall be appointed by the president. Each task force shall report to
the president, in writing, the salient activities, financial information and
progress of the task force as directed by the president.
Section 6. Qualifications of Volunteer Leaders
All
appointees must be members of the association.
Section 7. Diversity
KMHCA
will make a “best effort” to achieve diversity of race, gender and ethnicity in
all appointments.
ARTICLE
V. BUSINESS AFFAIRS OF THE ASSOCIATION
Section 1. Fiscal Year
The fiscal year shall be from July 1 to
June 30.
Section 2. Property of the Association
In
the event the association should be dissolved, none of its property shall be
distributed to any of the members.
Instead, all of its property shall be transferred to such organization
organizations as the board of directors shall determine to have purposes or
activities most nearly consonant with those of the association, provided,
however, that such organization or organizations shall be exempt under Section
501 (c) (3) of the Internal Revenue Code or corresponding provisions of the
Internal Revenue Laws.
ARTICLE
VI. MEDIA AND PUBLICATIONS
Section
1. Media and Publications Policies
The
board of directors shall determine and direct the basic media and publication
policy of the association.
Section
2. Associate Editors
An
associate editor may be appointed at the discretion of the communications
editor.
ARTICLE
VII. BYLAWS
Section 1. Amendment and Adoption
These bylaws may be amended by a simple
majority vote of the membership at any of its official meetings.
Section 2. Notification of Bylaws Change
The
board of directors of the association must be notified, in writing, at least 30
days prior to any board meeting of any proposal to add to or amend the bylaws
of the association.
Section 3. Effective Date of Bylaws Amendments
At
the time of the adoption of an amendment to the bylaws, the board of directors
must specify that the amendment is effective either immediately or at the
beginning of the next fiscal year.
Section 4. Publication
The
bylaws of the association shall be published in their entirety every five
years, beginning with their promulgation.
All amendments adopted by the association during an official year shall
be printed during the year of adoption.
ARTICLE
VIII. RULES OF ORDER
The
parliamentary authority for meetings of the association will be Roberts Rules
of Order, newly revised, 1990 Edition (by Henry Martin Robert), as from time to
time amended.