ABOTA San Francisco Chapter
BYLAWS OF THE
SAN FRANCISCO CHAPTER OF THE
AMERICAN BOARD OF TRIAL ADVOCATES
I. OFFICERS
Section 1. Officers. The officers shall be the President, Vice President, Secretary and Treasurer. There shall be elected one or more representatives to the ABOTA National Board of Directors who shall serve such term of office as provided for in the Constitution of the Association.
Section 2. Duties of Secretary. The Secretary shall keep a complete record of all proceedings and correspondence of the Chapter; shall send notices of meetings by mail to members of the Chapter as the same may be required; shall keep a roll of the members of the Chapter; and shall perform all other duties usually pertaining to the office of Secretary.
Section 3. Duties of the Treasurer. The Treasurer shall perform the duties usually assigned to this office and as further set out in these Bylaws. All checks shall bear two officer's signatures.
Section 4. Executive Committee. The Chapter shall have an Executive Committee comprised of the officers of the Chapter and the immediate past president of the Chapter, all former presidents of National ABOTA who are members of the San Francisco Chapter, the Chapter members who are members of the ABOTA National Board of Directors, the immediate past five Presidents of the San Francisco Chapter, the San Francisco Chapter Membership Chairman and other persons as may be designated and elected by majority vote of the Executive Committee. All members of the Executive Committee shall be voting members. Seven members of the Executive Committee shall constitute a quorum which will be counted at the commencement of a meeting and after commencement and the counting of a quorum any action or vote by four members will be valid and binding even if there is a change in the number of members present at the meeting thereafter. By majority vote of a quorum of members of said Executive Committee, and subject to the limitations of these Bylaws, and of the general laws of the State of California said members of the Executive Committee shall have the powers and duties necessary or appropriate for the administration of the business and affairs of the Chapter. Without prejudice to such general powers, but subject to the same limitations, it is hereby expressly declared that the Executive Committee shall have the following powers to wit: to make rules and regulations for the government of the members and officers and for the management of the affairs of the Chapter; to incur indebtedness when necessary for legitimate functions of the Chapter as provided in these Bylaws; to levy and collect such dues and assessments as may be established from time to time by the vote of the general membership of the Chapter; to establish procedures for the selection, nomination and election of new members; and to call a general meeting of the membership of the Chapter at least three times a year and at other times for valid and legitimate purposes.
Section 5. Expenditures. Any voting member of the Chapter Executive Committee, with the prior consent or subsequent ratification of a majority of a quorum of the Chapter Executive Committee actually present and voting at any meeting, duly called for any purpose, shall have the power to make expenditures or to incur indebtedness on behalf of the Chapter up to a limit of $500.00 for an single transaction. Expenditures of incurrences of indebtedness in excess of $500.00 for any single transaction may be made by any member of the Chapter Executive Committee only after prior approval of a majority of a quorum of voting members of the Chapter Executive Committee actually present and voting at any regular meeting of the Chapter Executive Committee or at any meeting duly called for that purpose.
Section 6. Nomination and Election of Officers. Officers shall be elected annually by the Chapter membership at the annual meeting of the Chapter. The Chapter Nominating Committee will present a slate of candidates for consideration and vote by the Chapter membership. Any member of the Chapter in good standing may submit nominations for officers in writing to the Chapter President no later than ten days before the date of the annual meeting. At the annual meeting, the Nominating Committee for officers will present its slate of candidates. If any other nominations have been received as provided in this section, those nominations will likewise be presented to the membership. Officers shall be elected by a majority vote of the membership.
II. COMMITTEES
Section 1. Membership Chairperson. A Membership Chairperson shall be appointed by the President from the members of the Chapter. The Membership Chairperson shall aid the Chapter Executive Committee in recommending nominees for membership as provided in Article III, Sections 1 through 4 and Article IV, Section 3, of the Constitution.
The Chapter Executive Committee shall review all applications for membership received by the Membership Chairperson. Attached as Exhibit 1 is a Statement of Policy previously voted on and approved by the Executive Committee governing applications for membership and their consideration by the Executive Committee and the Chapter membership as a whole. It is incorporated by reference and made part of these Bylaws.
Section 2. The President of the Chapter shall be empowered to appoint various committees as he deems fit to accomplish Chapter business. Subcommittees shall serve at the sole discretion and pleasure of the Chapter President.
Section 3. Nominating Committee for Election of Officers. There shall be a Nominating Committee composed of the officers of the Chapter, the Membership Chairperson and the two immediate past presidents. Their responsibility will be to nominate the slate of officers to be presented to the Chapter membership for election at the annual meeting of the Chapter. The Nominating Committee will consider all nominations for officers submitted by any member of the Chapter or member of the Executive Committee. A majority vote of a quorum of the Nominating Committee will determine the slate of officers to be submitted to the Chapter membership.
III. INITIATION FEES AND DUES
Section 1. Chapter assessments and fees may be imposed at any time by the affirmative vote of a majority of a quorum of the members present and voting at any meeting of the Chapter.
Section 2. Any member of the Chapter who fails to pay his National Association dues or assessments within six months from the due date thereof is automatically suspended from membership.
Section 3. Any member of the chapter who fails to pay Chapter assessments or fees shall be subject to suspension by the affirmative vote of a majority of a quorum of the Chapter Executive Committee.
Section 4. A suspended member may not hold any office or position in the Chapter, serve as a member of any committee or attend any meeting of the Chapter, receive any of its publications, notices or other communications, or otherwise have any of the privileges of membership.
Section 5. Upon failure of a member to pay his National Association dues or Assessments within 12 months of the due date thereof, his membership thereupon terminates as provided in Article III, Section 5, Subsection 2 of the National Constitution and his name shall be removed forthwith from the roll of the members of the Chapter.
Section 6. The year of the Chapter is from the 1st day of January to the 31st day of December.
IV. TERMINATION FOR CAUSE
Section 1. In the event a member of this Chapter is convicted of, or pleads guilty to, a felony involving moral turpitude, or in the event a member no longer possesses the competent qualifications required for membership as set forth in the Preamble to and as defined in Article III, Section 1, of the National Constitution, the Chapter Executive Committee shall institute expulsion proceedings as to such member and shall conduct an investigation of any and all complaints and/or charges brought against a member or members of this Chapter.
Section 2. A. The Chapter Executive Committee, upon receipt of a complaint or charge against a member of the Chapter as described in Section 1 hereof, shall undertake an investigation thereof and render a written preliminary report of its findings and recommendations.
B. Upon a preliminary finding and recommendation by the Chapter Executive Committee that just cause exists for the expulsion of a member of the Chapter, said member shall be notified thereof in writing. Thereupon said member, upon application in writing, may request a hearing before the Chapter Executive Committee. The request must be lodged with the Secretary of the Chapter no later than 20 days from the date of receipt of the preliminary report of the Chapter Executive Committee. In the event a hearing is requested, the Chapter Executive Committee shall designate a convenient time and place therefore not later than 30 days following receipt of such request. Upon the completion of said hearing, the Chapter Executive Committee shall make a final determination of the matter within 60 days thereafter. In the event a member fails to request a hearing before the Chapter Executive Committee as hereinabove provided, a final determination of the matter shall be made within 60 days from the date of the preliminary findings and recommendations.
C. A vote of 75% of the membership of the Chapter shall be required for the expulsion of any member.
D. An affirmative vote of 3/4 of the National Executive Committee is required to finalize the expulsion of any member of the association.
V. MEETINGS OF THE CHAPTER
Section 1. Annual Meeting. There shall be at least one annual meeting of this Chapter to be held at any convenient place to be selected by the Executive Committee. The time and place of said meeting shall be announced in writing to each member in good standing at least two weeks in advance. At the meeting, annual reports of officers and committees shall be delivered. Further, the officers for the ensuing year shall be installed.
Section 2. Other Meetings. There shall be at least three general meetings of the Chapter membership in addition to the annual meeting. The time and place of meetings other than the annual meeting shall be selected by the President or by such individual or committee as is delegated by the President to select the same, and written notice given by the Secretary to each member in good standing at least two weeks in advance of said meeting.
Section 3. Conduct of Meetings. All meetings shall be conducted by the President or, in his absence, by the Vice President. All matters requiring the vote of the members shall be presented by a motion from the floor by a member eligible to vote. All motions must be seconded by an additional member eligible to vote before being voted upon. The voting shall be by voice or by ballot according to the discretion of the presiding officer. A simple majority shall suffice to carry any motion unless otherwise specified prior to the voting by the presiding officer. Motions will be acted upon in the order presented. Any motion which fails to be seconded shall be a nullity.Section 4. Voting. At any meeting of the general membership, only members actually present may cast votes on any issue that may be presented for the vote of the general membership, except in voting on amendments to these Bylaws, or in voting any other business which has already been the subject of a particular and timely written notice to the membership by the Secretary, an absent member may vote by proxy. The method of casting a proxy vote shall be determined in advance of the meeting by the Chapter Executive Committee and written notice of such method shall be given in advance of said meeting to the membership by the Secretary.
VI. AMENDMENTS
Section 1. These Bylaws may be amended by the affirmative votes of a majority of the members voting at any meeting of the Chapter, provided notice of such amendment or amendments and the nature thereof shall have been given to the members of the Chapter at least ten days prior to the date of the meeting at which said amendment or amendments are to be presented for consideration, provided such amendments are not inconsistent with the Constitution and National Bylaws.
VII. NEW MEMBERS
Section 1. A nominee, to be admitted to membership in this Chapter, must receive in the following order:
(1) An affirmative vote of 75% of those members voting upon the proposed candidate (an abstention does not count as a vote nor as part of the 75%);
(2) An affirmative vote of 75% of the National Executive Committee.
VIII. MEETINGS OF THE EXECUTIVE COMMITTEE
Section 1. Meetings of the Executive Committee may be scheduled at any time by the Chapter President. It is the general policy of the Chapter to have an Executive Committee meeting scheduled any time within a two-week period prior to a general membership meeting of the Chapter. Other meetings of the Executive Committee may be scheduled by the Chapter President as he sees fit.
Section 2. A majority of the voting membership of the Executive Committee shall constitute a quorum at meetings of the Executive Committee. In the sole discretion of the Chapter President, the votes of any absent voting members of the Executive Committee may be received by letter addressed to the Secretary on any issue brought for vote before a quorum present; provided that the Secretary shall have addressed in writing to the absent member the exact resolution or issue submitted to a vote, and provided further that the absent voting member's letter of vote shall be received by the Secretary prior to the meeting of the Executive Committee.
DAVID B. LYNCH
President
November 7, 1995