To advocate for the establishment of drug courts adhering to the “Ten Key Components” (as recognized by the U.S. Department of Justice and the National Association of Drug Court Professionals). Also to provide resources and services (including education), to sustain and promote treatment courts while preserving the sovereignty of each county’s discretion.
PENNSYLVANIA ASSOCIATION OF TREATMENT COURT PROFESSIONALS BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1. The name of this Association shall be:
PENNSYLVANIA ASSOCIATION OF
TREATMENT COURT PROFESSIONALS
(Referred to as the “PADCP” and/or the “Association”)
The PADCP is a non-profit, unincorporated association of professionals working within the criminal justice system for the purposes hereafter stated.
Section 3. Purpose
Mission: To advocate for the establishment of drug courts adhering to the “Ten Key Components” (as recognized by the U.S. Department of Justice and the National Association of Drug Court Professionals) and the creation of other treatment oriented, problem-solving courts based on the Ten Key Components; further, to provide resources and services, including education, to sustain and promote drug and other problem-solving courts while preserving the sovereignty of each county’s discretion.
ARTICLE II. MEMBERSHIP
Section 1. Voting Members
Membership shall be open to any individual who is a current member of a drug or problem-solving court in Pennsylvania that adheres to the “Ten Key Components.”
Each individual member in good standing shall have the right to vote on all matters properly before the membership. The number of individual members is unlimited from each county. However, to assure a balance of representation throughout the Commonwealth, no county shall have more than twenty-five (25) votes on any matter being voted on by the Association. It shall be the responsibility of the President Judge of a county, or his or her designee, to determine who are the 25 (twenty-five) voting members from the county. If the President Judge and/or a designee fails to make this determination, then the current President of the Association shall identify the 25 (twenty-five) voting members.
Section 2. Voting
Each voting member in good standing will have one vote.
Each voting member must be in attendance to cast a vote.
Voting members must have their dues paid up to date to be in “good standing.” If a quorum exists, a majority vote of members present decides all issues unless otherwise specified by the By Laws. A quorum consists of a minimum of thirty (30) voting members, including at least two (2) current officers, attending a properly announced meeting. Attendance can be electronically or by conference call.
Section 3. Termination of Membership
The Executive Committee, by a majority vote, may revoke the membership of any member for:
- Violation of the Bylaws;
- Conviction of any serious misdemeanor or felony offenses;
- Any action or inaction that would tend to bring discredit upon the Association.
Section 4. Dues and Assessments
All annual dues and any assessments shall be determined by the Executive Committee. Interim assessments may be made by the Executive Committee at any time for any special matter
Honorary non-voting membership may be conferred by a majority vote of the Executive Committee.
ARTICLE III. OFFICERS
The officers of the Association shall be a President, President-Elect, Secretary and Treasurer, all of whom shall be elected by the membership at the Annual Meeting to serve a two year term of office. The President-Elect shall automatically succeed to the position of President unless by a vote of 2/3 (two-thirds) of the Executive Committee the President-Elect is removed from the ballot prior to the election for his/her presidency. The President and the President-Elect cannot be from the same county. There shall also be the office of the Immediate Past President, who shall serve for the term of the successor President and have full voting rights on all Executive Committee business. Among these five officers, there shall be at most at any one time two officers from the same county.
At the discretion of the President, an at large member may be appointed to the Executive Committee by the President at any time. The at large member shall not be considered an officer, but shall fully participate in all matters, including voting. The at large member shall be a Pennsylvania Common Pleas or Municipal Court judge who has presided or is presiding over a problem-solving court. The at large member cannot be from the same county as the President and the term of office shall be concurrent with that of the appointing President. This appointment can be rescinded at any time by the President. This appointment can be made regardless of whether the appointing President is a Pennsylvania judge.
At the discretion of the President, a second at large member can be appointed to the Executive Committee under all of the same terms except this at large member need not be a judge. However, this appointment cannot be made unless the appointment of the first at large member was also made.
Section 2. Duties:
President: The President shall have all direct and incidental powers as are necessary to manage the affairs of the Association. The President shall preside at all meetings.
Vice President: The Vice President shall have all direct and incidental powers as may be necessary to manage the affairs of the Association that have been delegated to him/her by the President or Executive Committee. In the absence or disability of the President, the Vice President shall perform all the duties of the President.
Secretary: The Secretary shall keep a full and complete record of all proceedings of each meeting and shall be responsible for all records and correspondence of the Association.
Treasurer: The Treasurer shall be the custodian of all Association funds and shall receive all funds of the Association and make deposits in an account as approved by the Executive Committee. Funds shall be paid out only in checks of the Association signed by persons authorized by the Executive Committee. The Treasurer must present an annual report on the status of Association funds.
Section 3. Term:
Terms of office shall begin at noon on the last day of the Annual Conference at which such election occurred and conclude two years later or until a successor takes office. No officer may serve more than two consecutive two-year terms in the same office. These provisions are effective immediately and supersede any prior provisions for staggered terms of office. These provisions shall govern the 2012 election of officers, with all offices open for election to a two year term notwithstanding any unexpired prior term. For purposes of term limits, any service of any officer prior to the 2012 election shall not count as part of the two term limit.
Section 4. Nominating Officers:
Any voting member desiring to run for an elected office shall submit written notice of such intent to the Executive Committee in sufficient time for the candidate’s name to appear on the ballot. Any candidate wishing to withdraw from consideration shall notify the Executive Committee in sufficient time for the name to be removed from the ballot.
Section 5. Elections:
The Association will hold elections prior to the end of the term of the current officers at the annual meeting. The candidate must receive a simple majority of the votes of a quorum of the attending voting members to be elected. If the ballot contains more than two candidates and no candidate receives a majority vote on the first ballot, a second, final vote will select between the top two candidates.
Vacancies in elected positions because of death, resignation, removal, disqualification, or otherwise will be filled by a majority vote of the Executive Committee for the remainder of the vacated term. All other vacancies shall be filled by the President.
Section 6. Election Process:
The Executive Committee will distribute and count secret ballots and make the ballots available for review immediately following the election. If there is only one (1) candidate for an office, the President may call for a voice vote for election to that office.
Section 7. Executive Committee:
The Executive Committee will consist of the officers of the Association and a fifth member, who shall be a Pennsylvania Common Pleas Judge currently presiding over a drug or problem-solving court and is a voting member of the Association.
Section 8. Governance:
The governing body of the Association shall be the Executive Committee acting as a whole. All decisions, including all financial matters, shall be by a majority vote of the Executive Committee. The President, or a majority of the Executive Committee, may appoint a committee at any time to further the business of the Association.
ARTICLE IV. MEETINGS
Section 1. Annual:
The Association will schedule one annual meeting per year at such place and time as designated by the Executive Committee for the purpose of electing officers, if necessary, and transacting such other business as may properly come before the Association.
Section 2. Special:
The President or a majority of the Executive Committee may schedule special meetings as necessary.
Section 3. Annual Conference:
The Association will schedule an annual conference, open to all persons interested in the issues of the Association. This conference will present speakers and workshops to further the mission and goals of the organization.
The Executive Committee shall meet at the call of the President but at least once each year or at least four (4) months before the annual meeting.
If the provisions of the Bylaws do not apply to and govern business brought before a meeting of the Association, then the most current version of Robert’s Rules of Order apply and govern.
ARTICLE V. ADOPTION AND AMENDMENTS
These Bylaws shall become effective immediately upon their adoption and shall supersede all previous Bylaws.
Section 2. Amending Bylaws
All amendments must be submitted in writing to the Executive Committee at least ninety (90) days prior to the annual or special meeting of the members. The Executive Committee will review the proposed amendments and make a written recommendation to the membership whether each provision should be approved in whole or in part.
The proposed amendments and the accompanying recommendations of the Executive Committee will be disseminated in writing to all voting members at least thirty (30) days prior to the meeting at which the amendments will be voted upon. All voting members shall be notified in writing at least thirty (30) days prior so that the amendments will be discussed and voted upon at the meeting.
A majority of the voting members present and voting may amend the Bylaws when notice has been provided pursuant to this Section. The Bylaws may also be amended without notice by three-fourths (3/4) vote of the voting members present and voting at an annual meeting.
ARTICLE VI. MISCELLANEOUS
The fiscal year of the Association shall be the calendar year.
The Executive Committee shall have an audit conducted annually of the Association’s financial transactions. The audit shall be reviewed at the Annual Meeting of the Association.
No officer or member of the Executive Committee of the Association shall be personally liable to any Association creditor for any indebtedness or liability of the Association.
As passed by a duly convened quorum on November 17, 2009, with at least two-thirds of the voting members present voting in favor of these amended by-laws.
Upon the dissolution of the association, the Executive Committee members shall, after paying or making provision of payment of all of the liabilities of the association, dispose of all the assets of the association in such a manner, or to such organization(s) organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as an exempt organization(s) under section 501 (c) (3) of1954 (or corresponding provisions of any future United States Revenue Law), as Executive Committee Members shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the association is then located, exclusively for such purposes as said Court shall determine, which are organized and operated exclusively for such purposes. The principal office of the association is the office of the current President of the association at the time of dissolution.
David L. Ashworth, President