BYLAWS OF UTAH SCHOOL COUNSELOR ASSOCIATION

ARTICLE I: NAME AND PURPOSE

SECTION 1, NAME. The name of the Association shall be the Utah School Counselor Association (USCA). USCA is a charter division of the American School CounselorAssociation (ASCA)and is organized in accordance with the Articles of Incorporation and the Bylaws of ASCA. This official name shall be employed in connection with all official business and communication pertaining to the association.

SECTION 2, PURPOSE. The purposes of USCA shall be:

a.        To advance the profession of school counseling in Kindergarten through post secondary in order to maximize the education, vocational, and emotional-social growth of each student.

b.        To promote professional development of school counselors.

c.        To promote effective communication and action between other professions, individuals, and organizations concerned with students.

d.        To address issues of concern to school counselors as they work with all students.

e.        To assume an active role in helping people of Utah to understand the nature and importance of school counseling services.

f.        To represent professional school counselors and to promote professionalism and ethical practices.

ARTICLE II: MEMBERSHIP

SECTION 1, TYPES OF MEMBERSHIP. This Association shall include four types of memberships: Professional, Retired, Affiliate, and Student.

SECTION 2, REQUIREMENTS OF MEMBERSHIP.  To qualify for membership, the following guidelines must be met for each category of membership being sought:

a. Professional Membership. School counseling professionals who hold a master’s degree or higher in school counseling, are licensed as school counselors in the state of Utah and are employed as school counselors, supervisors of school counselors, or professors of counseling in a graduate program that prepares school counselors are eligible for Professional Membership.

b. Retired Members. Professional members in retirement are eligible for Retired membership.

c. Affiliate Membership. An Affiliate member is a certified school professional but one who holds a degree in an educational field such as administration, school psychology, or social work.

d.  Student Membership. A Student member must be engaged in a planned program of school counselor education designed to result in a degree or certification as a school counselor. No person shall be eligible to be or continue as a Student member who has held that status for a total of three years, or who otherwise is eligible to become a Professional member.

SECTION 3, DUES. 

Annual dues for all categories of membership shall be set by the USCA Executive Board after a recommendation by the Membership Committee.

SECTION 4, RIGHTS AND PRIVILEGES. 

Professional, Retired, and Student members shall be eligible to vote. Affiliate members shall not be eligible to vote. Motions in parliamentary proceedings may only be initiated by Professional members. Professional and Retired members shall be eligible for elective office, or appointment, or election to the General Board. Student members shall be eligible for appointment to the General Board with Executive Board approval.

SECTION 5, SEVERANCE OF MEMBERSHIP.

a. Membership may be revoked for revocation of license or credential or for violation of ASCA Ethical Standards by a vote of three-quarters of the General Board. Any member charged with engaging in such conduct shall be given the opportunity to present evidence through witnesses or otherwise, shall be given the opportunity to confront any adverse witness, and the opportunity to file an appeal to and have a hearing before the Executive Board, which decision shall be final.

b. Association members who do not renew their annual membership within a four-month grace period of their membership expiration date shall be removed from the membership roster.

SECTION 6, NONDISCRIMINATION. 

The Utah School Counselor Association maynot 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: EXECUTIVE BOARD

SECTION 1, OFFICERS AND TERMS OF OFFICE.

a.        The Executive Board shall consist of the officers of USCA which includes 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 Secretary. The Executive Director shall be an ex-officio non-voting member of the Executive board.

b. The President-Elect shall automatically become President of USCA one year after the commencement of the term of office as President-Elect, or upon the death, incapacity, refusal, or resignation of the President. 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. In the event a President-Elect should resign or be unable to complete the President’s unexpired terms, the succession of leadership shall be as follows: President-Elect-Elect, High School Vice-President, Middle School/Junior High Vice-President, and finally Elementary Vice-President. In the event that President-Elect-Elect or one of the vice- presidents cannot complete the President’s unexpired terms, the Executive Board shall call for a general election of President and President-Elect to serve until the next annual election.

c.        The Immediate Past President shall serve for one year following the expiration of the term as President.

d.        The Secretary shall be appointed by the President with the approval of the Executive Board and shall serve concurrent terms with the President.

e.        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.

f.        No officer or member of the Executive Board may serve more than six years consecutively.

g.         The term of office for an elected officer of USCA shall coincide with the fiscal year of USCA which begins July 1.

h.        The President may appoint an Executive Director with the approval of the Executive Board. The Executive Director provides overall management services to the Executive Board, General Board, and USCA members. The Executive Director oversees USCA’s continuing education, bylaws, ethics, and other areas as directed by the Executive Board. The Executive Director also works closely with the Executive Board to determine the needs of the Association from a business and administrative perspective. The Executive Director is a non-voting member of the Executive Board. Terms and compensation shall be determined by the Executive Board.

i.        The Executive Board also oversees the finances for USCA.  Association financial responsibilities include:

  1. The President with the assistance of the Executive Director will develop an initial operating budget for consideration, revision, and eventual adoption by the Executive Board.
  2. The Executive Board will implement the operation of the budget by monitoring income and expenditures.
  3. The Executive Board (or Executive Director and/or President?) will suggest financial policy statements and make fiscal recommendations to the Executive Board.
  4. The Executive Board shall also be responsible for the approval of expenditures above and beyond those approved in the budget.
  5. The Executive Director and/or President will be primarily responsible for developing a five-year plan to reflect the needs of USCA.

SECTION 2, NOMINATIONS AND ELECTIONS.

a. The President-Elect-Elect and three level Vice Presidents-Elect shall be elected annually, by ballot, by Professional, Student and Retired Members.

b. To be eligible for an elected office a member must be a Professional Member of USCA. A candidate for President-Elect-Elect shall have been an active member of the ExecutiveBoard for at least one year prior to running for President-Elect-Elect. Candidates for President shall be current members of ASCA.

c. The Nominations and Elections Committee shall issue a call to all members of USCA for nominations of officers and members of the Executive Board for the next year.

d.  If a vacancy occurs on the Executive Board, the President shall recommend to the Executive Board the names of two qualified replacements. The Executive Board shall appoint the replacement from the recommendation to serve the remainder of the unexpired term.

SECTION 3, POWERS AND FUNCTIONS.

a. The Executive Board shall conduct the governance of USCA, including creating policies to carry out the mission of USCA, but shall not take any action contrary to bylaws adopted by the Executive Board.

b. 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 committees and shall perform such duties as are relevant to the office.

c. The President-Elect, President-Elect-Elect, and Immediate Past President shall perform duties as specified in the bylaws or directed by the President and the Executive Board.

d. The Vice-Presidents of USCA shall be responsible for generating interest and activities within their respective level settings, as well as other duties directed by the President and the Executive Board.

e. The Secretary shall keep the records of all meetings of the association as well as the minutes of the Executive Board. The Secretary shall assist in conducting the official correspondence of USCA and shall perform such other duties as are relevant to this office.

f. The Executive Director shall review bylaws, manage chapter administration, archive, pertinent chapter materials, and suggest best practices. 

SECTION 4, REMOVAL FROM OFFICE.

An elected officer or member of the Executive Board may be removed from office, for cause, by a three-fourths majority vote of the Executive Board.

SECTION 5, COMPENSATION.

  1. All members of the board, including elected officials, may be eligible for stipends.
  1. The President will outline qualifications for these stipends.
  1. No pro-rated or partial compensation will be paid.
  1. The Executive Board will annually review and vote on the proposed stipends at the August board meeting.
  2. 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.
  1. Expenses of the elected officers shall be paid 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.
  2. 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.
  1. 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.

SECTION 6,  MEETINGS. The President directs the business of the Executive Board and the General Board and shall call meetings as are deemed necessary to carry on USCA business.

SECTION 7, CONDUCTING MEETINGS.

a.         Each member of the Executive Board shall have only one vote.

b.                The makeup of the Executive Board shall be determined prior to the first Board meeting of the fiscal year.

c.                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: GENERAL BOARD

SECTION 1, COMPOSITION, NOMINATIONS AND ELECTION OF GENERAL BOARD.

a. The General Board shall be composed of USCA Officers and all standing committee chairs. All members of the General Board shall be voting members.

b. If a member of the General Board cannot complete a term of office, the President, with the approval of the General Board, shall appoint a replacement to serve for the remainder of the unexpired term.

SECTION 2, POWERS AND FUNCTIONS. The General Board shall be an advisory body to the Executive Board. The President of USCA shall be the Chair of the General Board. The General Board consists of three advisory Standing Committees: (a) Professional Development and Membership, (b) Professional Recognition and Support, and (c) Public and Government Relations.

These Standing Committees will be responsible for items, activities, and events outlined in the USCA Job Descriptions and Organizational Chart.

a.        The Professional Development and Membership Committee is responsible for the following:

i. annual conference

ii. Spring Summit

iii. the website (members only)

iv.  membership and student liaison.

b.        The Professional Recognition and Support Committee is responsible for the following:

i. Counselor of the Year and Rookie of the Year and Team of the Year

ii. student scholarships

iii. National School Counselor Week

iv. USCA Cares.

c.         The Public and Government Relations Committee is responsible for the following:

i. newsletter

ii. website

iii. social media

iv. legislative outreach event

v. interprofessional relations

ARTICLE V: BUSINESS AFFAIRS OF THE ASSOCIATION

SECTION 1, FISCAL YEAR. The fiscal year shall be from July 1 through June 30 of the succeeding year.

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:COMMITTEES

SECTION 1. All committees shall report at least annually to the Executive Board. The President, with the approval of the Executive Board, shall appoint committee chairs.

SECTION 2. SPECIAL COMMITTEES. The Executive Board may construct special committees. A special committee is temporary and shall serve until, in the opinion of the Executive Board, the purpose of said committee has been accomplished.

SECTION  3.  STANDING COMMITTEES. Standing committees may be appointed by the Executive Board. A standing committee member shall serve for a period of one year following the time at which the appointment is announced. Standing Committees are responsible for the following:

a.           Professional Development Events: Coordinate USCA conference activities, including but not limited to, theme development, session management, venue procurement, promotional materials, payment processing, advertising, etc.   This position is eligible for a stipend as determined by the Executive Committee.

b.        Government Relations: Report to the Executive Board on current legislation affecting children and education. Act on specific legislation as directed by the Executive Board.

c.        Membership: Organize and implement methods and techniques to increase the membership of the Association by such legitimate means as the committee deems proper. In addition, this committee shall maintain membership records.

d.        Professional Recognition: Recommend to the Executive Board criteria for awards Solicit nominations for awards, select winners, present awards, and publicize winners.

e.         Interprofessional Relations: Oversee and coordinate activities with other professional organizations with the approval of the Executive Board.

ARTICLE VII: INDEMNIFICATION STATEMENT

ARTICLE VII, SECTION 1. The Association shall indemnify each member of the General Board, as described in Articles 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

SECTION 1, AMENDMENT.

a.        Bylaws amendments must receive a two-thirds majority vote by the Executive Board.

b.        Before Bylaws amendments approved by the Executive Board may take effect, they shall be ratified by a majority vote of the General Board.

c.        Voting on Bylaws by the Executive and General Boards may be done in person, by email, or other electronic means.

d.        Changes to the Bylaws shall be communicated to the entire USCA membership do we need to add a timeline and a means (ie. email) in which this will be communicated?

e.        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.

SECTION 2, PUBLICATION. The Bylaws shall be published in their entirety on the USCA website and shall be available to any member upon request.

ARTICLE IX. PARLIAMENTARY AUTHORITY

The parliamentary authority for the meetings of USCA shall be Robert’s Rules of Order. A Parliamentarian may be appointed by the President to be present at USCA meetings.