BYLAWS
UTAH SCHOOL COUNSELOR ASSOCIATION
Date Approved: August 4, 2021
ARTICLE I: NAME AND PURPOSE
ARTICLE I, SECTION 1, NAME. The name of the Association shall be the Utah School Counselor Association (USCA).
I-1A. USCA is a charter division of the American School Counselor Association (ASCA) and is organized
according to the Articles of Incorporation and the Bylaws of ASCA.
I-1B. This official name shall be employed in connection with all official business and communication
pertaining to the Association.
ARTICLE I, SECTION 2, PURPOSE. The purposes of USCA shall be:
I-2A. Advocate with all stakeholders for school counselors as a vital support for students.
I-2B. Deliver relevant and timely professional development for counselors at all academic levels.
I-2C. Recognize and celebrate counselor leadership roles and achievements in their work.
I-2D. Provide access to community outreach events, resources, grants, mentorship, and counselor care.
ARTICLE II: MEMBERSHIP
ARTICLE II, SECTION 1, TYPES OF MEMBERSHIP. The Association shall include three (3) types of memberships: Professional, Student, and Affiliate.
ARTICLE II, SECTION 2, REQUIREMENTS OF MEMBERSHIP. To qualify for membership, the following guidelines must be met for each category of membership being sought:
II-2A. Professional Membership. School counselors who hold a master’s degree or higher in school counseling and are licensed as school counselors in the state of Utah, who are currently employed or have retired as school counselors, or are supervisors of school counselors, or are professors of counseling in a school counselor graduate program are eligible for Professional Membership.
II-2B. Student Membership. A Student member must be engaged in a program of education designed to result in a degree or certification in school counseling. No person shall be eligible to be or continue as a Student member who otherwise is eligible to become a Professional member.
II-2C. Affiliate Membership. Individuals interested in school counseling, who are not eligible for any other type of membership, are eligible for Affiliate membership.
ARTICLE II, SECTION 3, DUES. Annual dues for membership shall be set by the USCA Executive Board with a simple majority vote. Changes to dues may be done for financial need or by recommendation from the General Board.
ARTICLE II, SECTION 4, RIGHTS AND PRIVILEGES. All members shall receive their rights and privileges accorded by their membership categories.
II-4A. Only Professional members shall be eligible to vote.
II-4B. Student members shall be eligible for appointment to the General Board with Executive Board approval.
II-4C. Affiliate members shall not be eligible to vote.
II-4D. Motions in parliamentary proceedings may only be initiated by Professional members.
ARTICLE II, SECTION 5, SEVERANCE OF MEMBERSHIP. Association members may have their membership revoked for revocation of licensure or credential, violation of ASCA Ethical Standards, or failure to renew their membership prior to their membership expiration date.
II-5A. Membership can be revoked by a 3/4 vote of the General Board.
II-5B. Any member charged with engaging in conduct that could lead to revocation of membership shall be given the opportunity to file an appeal and have a hearing before the Executive Board, whose decision shall be final.
II-5C. Association members who do not renew their annual membership within a one-month grace period of their membership expiration date shall be removed from the membership roster.
ARTICLE II, SECTION 6, NONDISCRIMINATION. The Utah School Counselor Association may not knowingly engage in or support activities that discriminate on the basis of race, color, ethnicity, national origin, sex, pregnancy, childbirth, or pregnancy-related conditions, age, religion, disability, sexual orientation, or gender identity.
ARTICLE III: OFFICERS
ARTICLE III, SECTION 1, OFFICERS. The officers of USCA may consist of the President, Immediate Past-President, President-Elect, President Elect-Elect, and Executive Director.
III-1A. This body may be referred to as the Presidents Council.
ARTICLE IV: EXECUTIVE BOARD
ARTICLE IV, SECTION 1, EXECUTIVE BOARD. The Executive Board may consist of the President, President-Elect, President-Elect-Elect, Immediate Past-President, Elementary School Vice-President, Elementary School Vice-President-Elect, Middle School Vice-President, Middle School Vice-President-Elect, High School Vice-President, High School Vice-President-Elect, and the Marketing Director.
IV-1A. Executive Board members must be in good standing with USCA membership (see Article II).
IV-1B. The President and the Executive Director shall be ex-officio non-voting members of the Executive Board.
IV-1C. The President has the authority to cast a tie-breaking vote.
IV-1D. The Marketing Director shall be an appointed Executive Board member.
IV-1E. The President directs the business of the Executive Board and shall call meetings as are deemed necessary to carry on USCA business.
IV-1F. Each member of the Executive Board shall have only one vote.
IV-1G. The makeup of the Executive Board shall be determined prior to the first Board meeting of the fiscal year.
IV-1H. A majority of the members of the Executive Board shall constitute a quorum. In the intervals between annual or special meetings of the Association, the Executive Board shall take such action as is necessary for the conduct of the Association’s affairs.
ARTICLE IV, SECTION 2, POWERS AND FUNCTIONS.
IV-2A. The Executive Board shall conduct the governance of USCA but shall not take any action contrary to Bylaws adopted by the Executive and General Boards.
IV-2B. The Executive Board shall create and maintain policies and procedures to carry out the mission of USCA.
IV-2C. During the term of office, the President shall serve as the presiding officer of USCA and as a member and chairperson of the Executive Board. The President, with the approval of the Executive Board, shall appoint all Committee Chairs and shall perform such duties as are relevant to the office.
IV-2D. The Executive Board shall perform duties as specified in the Bylaws and the USCA Policy and Procedures Manual, or as directed by the President and the Executive Board.
IV-2E. The Vice-Presidents of USCA shall be responsible for advocating and representing for the interests and needs of their respective level according to the USCA Policy and Procedures Manual.
IV-2F. An appointed member of the Executive Board shall keep the records of all meetings of the association as well as the minutes of the Executive Board.
IV-2G. The Executive Director shall review bylaws, manage chapter administration, archive pertinent chapter materials, and ensure best practices are followed.
ARTICLE IV, SECTION 3, TERMS OF OFFICE.
IV-3A. The President-Elect shall automatically become President of USCA one year after the commencement of the term of office as President-Elect.
IV-3B. The President-Elect-Elect shall automatically become President-Elect of USCA one year after the commencement of the term of office as President-Elect-Elect.
IV-3C. The President shall automatically become Immediate Past-President of USCA one year after the commencement of the term of office as President.
IV-3D. An elected officer may not be a candidate for re-election to the same office until one year has passed since the elected officer’s term has expired.
IV-3E. No officer or member of the Executive Board may serve more than six years consecutively on the Executive Board.
IV-3F. The term of office for an elected officer of USCA shall coincide with the fiscal year of USCA which begins July 1.
IV-3G. The President may contract an Executive Director with the approval of the Executive Board.
- The Executive Director shall follow the terms as outlined in the USCA Executive Director Contract.
IV-3H. The Marketing Director shall be appointed by the President and serve a minimum term of two-years.
ARTICLE IV, SECTION 4, PRESIDENT LINE OF SUCCESSION.
IV-4A. In the event a President should resign or be unable to complete the President’s term, the succession of leadership shall be as follows: President-Elect then President-Elect-Elect.
IV-4B. The Executive Board may call for a special election of President-Elect-Elect to serve their own term (July 1- June 30), in addition to the remainder of the unexpired term they are fulfilling.
IV-4C. The President-Elect and/or President-Elect-Elect who moved in the line of succession will serve their own term (July 1-June 30), in addition to the remainder of the unexpired term they are fulfilling.
ARTICLE IV, SECTION 5, VACANCIES. If a vacancy occurs on the Executive Board (other than for President), the President shall recommend a qualified replacement for approval by the Executive Board.
IV-5A. Any replacements added to the Executive Board shall serve the remainder of the unexpired term.
IV-5B. Approval will be made by a simple majority of the Executive Board.
ARTICLE IV, SECTION 6, REMOVAL FROM OFFICE. An elected officer or member of the Executive Board may be removed from office, for cause, and/or for a gross violation of USCA Policy and Procedures, by a three-fourths majority vote of the Executive Board.
ARTICLE IV, SECTION 7, ELECTIONS AND APPOINTMENTS. The President-Elect-Elect and three level Vice Presidents-Elect shall be elected annually, by ballot, by Professional and Student Members.
IV-7A. To be eligible for an elected office a member must be a Professional Member of USCA.
IV-7B. A candidate for President-Elect-Elect shall have been an active member of the Executive or General Board prior to running for President-Elect-Elect.
IV-7C. Candidates for President-Elect-Elect shall be current members of ASCA.
IV-7D. The President-Elect shall issue a call to all members of USCA for nominations of elected offices and applications for open appointed positions on the Executive and/or General Board for the next year.
ARTICLE IV, SECTION 8, COMPENSATION. All members of the Executive Board, including elected officials, may be eligible for stipends.
IV-8A. After reviewing the yearly budget, the Presidents Council will outline qualifications and amounts for annual stipends.
IV-8B. The Presidents Council will submit proposed stipend qualification and amounts to the Executive Board in the Annual Budget presentation.
IV-8C. The Executive Board will review and vote on the Presidents Council proposed stipends.
IV-8D. Approved stipends will become effective immediately after the Annual Budget presentation.
IV-8E. Stipends shall be paid annually from the funds of the association by specific authorization of the Executive Board so long as funds are available beyond the rainy day fund of $30,000.
IV-8F. All members of the board in good standing, shall receive full free Utah School Counselor Association membership and access to professional development events provided by USCA for their terms of serving on the board.
IV-8G. USCA will provide membership to all board members to ASCA for the term of their service to the board so long as funds are available beyond the rainy day fund of $30,000.
IV-8H. Partial compensation for stipends may be reviewed by the Executive Board and granted on a case by case basis.
ARTICLE V: GENERAL BOARD
ARTICLE V, SECTION 1, COMPOSITION. The General Board shall be composed of the USCA Executive Board and all current Committee Chairs of the organization.
V-1A. The President directs the business of the General Board and shall call meetings as are deemed necessary to carry on USCA business.
V-1B. General Board members must be in good standing with USCA membership (see Article II).
V-1C. The President and Executive Director shall be ex-officio non-voting members of the General Board.
V-1D. The President will only be allowed to vote to break a tie vote in the General Board.
ARTICLE IV, SECTION 2, POWERS AND FUNCTIONS. The General Board shall be an advisory body to the Executive Board.
V-2A. The President of the Association shall be the Chair of the General Board.
ARTICLE V, SECTION 3. APPOINTMENTS. Members of the General Board will be appointed by the President with the approval of the Executive Board.
ARTICLE V, SECTION 4. VACANCIES. If a member of the General Board is unable to complete their term of office, the President shall appoint a replacement to serve for the remainder of the unexpired term.
ARTICLE VI: BUSINESS AFFAIRS OF THE ASSOCIATION
ARTICLE VI, SECTION 1, FISCAL YEAR. The fiscal year shall be from July 1 through June 30 of the succeeding year.
ARTICLE VI, SECTION 2, PROPERTY OF USCA. In the event USCA 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 non-profit organizations as the Executive Board shall determine to have purposes and activities most nearly consistent with those of USCA.
ARTICLE VI, SECTION 3, FINANCES. The Executive Board oversees the finances for USCA.
VI-3A. The Presidents Council will be primarily responsible for developing and reviewing an annual financial plan and budget to reflect the current and future needs of USCA.
VI-3B. The Presidents Council will develop an initial operating budget for consideration, revision, and
eventual adoption by the Executive Board.
VI-3C. The Executive Board will implement the operation of the budget by monitoring income and expenditures.
VI-3D. The Presidents Council will suggest financial policy statements and make fiscal recommendations to the
Executive Board.
VI-3E. The Executive Board shall also be responsible for the approval of expenditures above and beyond those approved in the budget.
ARTICLE VI: COMMITTEES AND COMMITTEE CHAIRS
ARTICLE VI, SECTION 1. APPOINTMENTS. The President, with the approval of the Executive Board by simple majority vote, shall appoint committee chairs.
ARTICLE VI, SECTION 2. RESPONSIBILITIES AND TERMS. Committees of USCA shall be those as aligned within the Strategic Plan of the Association and USCA Policies and Procedures.
VI-2A. Committee Chairs shall serve a 2-year term after their initial appointment, or until their committee is
no longer needed, whichever comes first.
VI-2B. Committee Chairs shall be responsible for duties, activities, and events outlined in the USCA Policies and Procedures Manual.
VI-2C. Committee Chairs shall serve on the USCA General Board.
ARTICLE VII: INDEMNIFICATION STATEMENT
ARTICLE VII, SECTION 1. The Association shall indemnify each member of the General Board, as described in Article IV, and each of its officers, as described in Article III, for the defense of civil actions or proceedings as hereinafter provided and, notwithstanding any provision in these Bylaws in a manner and to the extent permitted by applicable law.
ARTICLE VII, SECTION 2. The Association shall indemnify each of its directors and officers, as aforesaid, from and against any and all judgments, fines, amounts paid in settlement, and reasonable expenses, including attorney’s fees, actually and necessarily incurred or imposed as a result of such action or proceedings, or an appeal therein, imposed upon or asserted against him or her by reason of being or having been such a director or officer and acting within the scope of his or her official duties, but only when the determination shall have been made judicially or in the manner hereinafter provided that he or she acted in good faith for the purpose which he or she reasonably believed to be in the best interests of USCA. This indemnification shall be made only if USCA s consents, acting (1) by a quorum consisting of Executive Board members who are not parties to such action or proceeding, or (2) if a quorum is not obtainable with reasonable diligence, and upon receipt of an opinion in writing from independent legal counsel that the Executive Board member or officer met the applicable standard of conduct. If the determination is to be made by the Executive Board, it may rely as to all questions of law on the advice of independent legal counsel.
ARTICLE VIII: AMENDMENT OF BYLAWS
ARTICLE VIII, SECTION 1, AMENDMENT.
VIII-1A. Bylaws amendments must receive a two-thirds majority vote by the Executive Board.
VIII-1B. Before Bylaws amendments approved by the Executive Board may take effect, they shall be ratified
VIII-1C. Voting on Bylaws by the Executive and General Boards may be done in person, by email, or other electronic means.
VIII-1D. Changes to the Bylaws shall be communicated to the entire USCA membership no later than 30 (thirty) days after approval by the General Board.
VIII-1E. Bylaw amendments that affect the Executive Board, such as terms or eligibility, shall not be applicable to Executive Board members who are in office, newly elected or engaged in an election at the time the amendment is approved, unless the Executive Board explicitly approves applying the Bylaw amendments immediately.
ARTICLE VIII, SECTION 2, PUBLICATION. The Bylaws shall be published in their entirety on the USCA website and shall be available to any member upon request.by a majority vote of the General Board.