Bylaws
Article 1 - Rules of Operation
Section A: Membership
1. Eligibility for Membership shall be limited to organizations that have been approved to provide services by the South Carolina Disabilities and Special Needs (SCDDSN) who provide direct services for people with autism spectrum disorder, head and spinal cord injuries, intellectual disabilities, and those with similar or related disabilities and who have a contract with SCDDSN, SCDHHS or both. Each organization will be required to submit a membership application to be reviewed by the association. State agencies are not eligible for membership. Upon receiving the application, the membership will vote to approve or not approve membership based on receiving a 2/3 vote of the members present at a regularly scheduled meeting at which a quorum is present. Membership is also contingent upon payment of annual dues.
2. In conducting all association business matters, one vote shall be awarded to each organization (including providers with multiple geographic locations) approved for membership and deemed to be in good standing. Members with multiple geographic locations will decide in which Region their vote will be cast and notify the Association Chair of their decision. Members with multiple geographic locations may change their Region by notifying the Association Chair.
3. Individual member organizations shall have the option to accept or reject any benefit package offered by the Association.
4. A member in good standing is one whose dues are not delinquent and, if applicable, remain on contract with SCDDSN, SCDHHS or both.
Section B: Dues
1. Dues are payable to the Association no later than August 31st.
2. Members whose dues are in arrears after August 31 shall be dropped from the membership roll.
3. The Board of Directors will develop a dues and fee structure annually based on provider’s total revenue generated in South Carolina. Changes must be approved by a 2/3 vote of the members present at a regularly scheduled meeting of the full membership at which a quorum is present.
Section C: Duties of the Officers
1. The Chair shall preside overall meetings of the general membership. He or she shall appoint all committees, work groups and their chairs, and directly supervise the work of all committees and workgroups, except that of the Nominations Committee. He or she can replace an appointed committee Chair if the committee Chair is not participating in Association activities or is not performing duties as committee chair. He or she shall preserve order and may vote to break a tie in a roll call or voice vote. He or she shall serve as a member of the Association’s Board of Directors and shall chair those meetings.
2. The Vice-Chair shall succeed to the Chair in case of a vacancy in that office and shall perform the duties of the Chair in his or her absence or inability to serve. He or she shall also perform other duties and responsibilities as assigned by the Chair.
3. The Secretary shall record in the minutes the business of all meetings of the Board of Directors and of the Association. He or she is the custodian of all records and papers, other than financial records. He or she records the roll at meetings.
4. The Treasurer shall receive all revenues of the Association and shall maintain a complete and accurate account of all such funds. He or she shall deposit and disburse all funds with proper authorization. He or she shall present an itemized report of receipts and disbursements at all meetings and shall present a monthly written report. He or she shall collect dues, send out notices of delinquent dues and keep an accurate list of members in good standing.
5. Regional representatives shall perform duties and responsibilities assigned by the Chair.
6. If an elected office, other than the Chair, becomes vacant before the end of the term, the Association will conduct a special election to fill the unexpired portion of the term.
7. If a recommendation for action comes from a committee with a vote in the affirmative, the Chair/Board can act.
8. If a recommendation for action does not come from a committee, but from the Board, a call for a vote will be sent to the General membership giving them 48 hours to respond. A deadline for responding will be given. Simple majority approval will be based on the number of members responding.
Section D: Elections
1. A Nominations Committee shall be appointed by the Chair of the general Association membership with at least one member from each region represented and shall serve for one year.
2. The Nominations Committee shall prepare a slate of officers and Directors for election as members of the Board of Directors and shall secure the consent of the nominees to serve if elected. It shall report its nominations and present for election said Board members and officers at a meeting of the general membership prior to the end of the fiscal year. Members may submit the names of nominees to the Committee for Chair, Vice-Chair, Secretary and Treasurer. Each region will select a candidate to fill the regional representative position. The entire membership will vote only for Chair, Vice-Chair, Secretary and Treasurer.
3. Nominations for Chair, Vice – Chair, Secretary and Treasurer shall be permitted from the floor. All nominees, whether nominated by the committee or from the floor, shall be members i n good standing who have given consent to the nomination. If more than one nominee is submitted for an office, both nominees will be listed on a written ballot and determined by election. Should an election result in a tie between the nominees for the same office, the Board Chair will cast the tiebreaker vote. Members will cast their vote by written ballot or electronic means.
4. Officers and Board members shall be installed at the last meeting of the fiscal year and shall take office as of July 1, following their election.
Section E: Work Groups and Ad Hoc Committees
1. The Chair will establish work groups and ad hoc Committees to address the strategic priorities of the Association. Any member in good standing can participate in any standing or ad hoc committee.
Section F: Employees
Section G: Ethical Conduct
Members of the Board of Directors will conduct Association business within legal, ethical, and professional guidelines. Members of the Board of Directors may be removed for cause by a 2/3 vote of the members present at a regularly scheduled meeting or specifically scheduled meeting at which a quorum is present.
Section H: Robert’s Rules of Order
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the Association in all cases in which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the Association may adopt.
Section I: Fiscal Year
Section J: Fiscal Responsibilities
All purchases of or reimbursements of purchases beyond the scope of regular operations (and not already approved in the budget) require approval from SCHSPA’s full membership. All property purchased with SCHSPA funds, regardless of purpose, is considered SCHSPA property. Disposal of SCHSPA property must be conducted in writing. Information to be included is as follows: description, acquisition price, current value (estimated) and condition. Two signatures are required: the Chair or his/her designee and the Treasurer. If the item is no longer needed and is considered obsolete, it shall be properly disposed of, and should not be given to any member. If the item has any value, it should be offered for bid and should allow all interested parties a chance to bid. The bids must be sealed, and all opened at one time. Disposal of SCHSPA property with a value of over $500 requires the approval of full membership.
Use of the associations credit cards and/or debit cards shall be restricted to the Chairperson, the Treasurer, or the Executive Director. Possession and safekeeping of all credit/debit cards shall be the responsibility of the Treasurer and/or Executive Director. Purchases shall be restricted to those approved in advance by the full membership or those previously approved in the annual budget. All receipts for purchases made with credit/debit cards shall be submitted to the Treasurer.
Section K: Quorum and Voting
A quorum is defined as more than half of the members in good standing (simple majority) present and/or using electronic means. Voting can be done by a show of hands, written ballots or through electronic means.
Adopted: 10/24/78
Amended: 10/11/79
Amended: 04/23/88
Amended: 08/22/91
Amended: 04/23/98
Amended: 04/18/01
Amended: 04/04/06
Amended: 04/25/06
Amended: 04/01/08
Amended: 10/06/09
Amended: 04/01/11
Amended: 09/13/11
Amended: 09/09/14
Amended: 02/07/17
Amended: 04/07/20
Amended: 06/01/21
Amended: 12/07/22
Amended: 02/06/24
