Bylaws

Governance - Bylaws

ARTICLE I

Officers and Their Duties

  • Section 1. Officers. The officers of the Texas Academy of Family Law Specialists shall be the President, President-Elect, Vice-President, Secretary, and Treasurer.
  • Section 2. Terms of Office. Each officer shall take and hold office for one year commencing at the annual meeting held in August each year in the manner set forth in these Bylaws.
  • Section 3. President. The President shall be the chief executive officer of this Academy, and shall preside over all meetings of this academy and all meetings of the Board of Directors, and shall perform all duties ordinarily incident to his office and these Bylaws.
  • Section 4. President-Elect. The President-Elect shall act in the place and stead of the President in the event of the absence, vacancy or disqualification of the President and shall perform such duties as the president or Board of Directors may from time to time direct.
  • Section 5. Vice-President. The Vice-President shall act in the place and stead of the President-Elect in the event of the absence, vacancy or disqualification of the President-Elect and shall perform such duties as the President or Board of Directors may from time to time direct.
  • Section 6. Secretary. The Secretary shall keep the organization's corporate minute book, prepare and keep the minutes of all meetings of this Academy and meetings of the Board of Directors, shall maintain a current and complete roster of the members of this Academy, and shall perform such other duties as the President or Board of Directors may from time to time direct. The Secretary shall give notice to the membership as may from time to time be necessary. Such notice may be effected by mailing notice to each member at the address reflected in the Academy's records. At the conclusion of each Academy year, the year's minutes shall be transferred to the Academy's Historian for permanent safekeeping.
  • Section 7. Treasurer. The Treasurer shall keep financial records of this Academy, shall collect, care for and upon approval of the President or Board of Directors disburse all funds of this Academy, shall render an annual report of the financial affairs and status of this Academy, and shall perform such other duties as the President or Board of Directors may from time to time direct. Academy funds shall be kept on deposit in a federally-insured financial institution and shall, to the extent practicable, bear interest.

ARTICLE II

Board of Directors

  • Section 1. Powers. The affairs of the Texas Academy of Family Law Specialists shall be managed by its Board of Directors, composed of all duly elected officers and directors, which may exercise all powers and do all things not required by the Articles of Incorporation or these Bylaws to be done by the membership, including but not limited to determining matters of policy, conducting all activities of this Academy and interpreting the Articles of Incorporation or the Bylaws.
  • Section 2. Terms of Office. There shall be nine directorships of the Texas Academy, made up of three classes of three directorships each. Each directorship shall be for a period of three years. Only one class of directorships shall be subject to election each year. The three persons who are elected Director in a particular class shall hold office for a term of three years commencing at the annual meeting held in August of the year in which those persons are elected.
  • Section 3. Ex Officio and Advisory Members. The immediate Past President of this Academy shall be an advisor to and ex officio member of the Board of Directors without vote. The editor of the Academy's Newsletter, if not a director, and the Historian of the Academy, if not a director, shall be advisors to the Board of Directors.
  • Section 4. Meetings. Regular meetings of the Board of Directors shall be held no less than annually at such times and place as the President shall direct by reasonable notice to the Board members. Ordinarily, a regular meeting of the Board of Directors shall be held at the State Bar of Texas' Advanced Family Law Course and Marriage Dissolution Course, and at the State Bar Convention, and at the Academy's Trial Institute. Special meetings of the Board of directors may be called by the President or by any three Board members, upon reasonable notice to the Board members, and may be held at such time and place as stated in the notice thereof. The President is to be notified at least one day before any meeting of matters that are to be brought before the Board so that such matters may be placed on the agenda. Each officer and director shall be entitled to one vote. Four voting members present shall constitute a quorum for the transaction of business. Voting shall be by majority vote of those present.
  • Section 5. Attendance at Board Meetings. It is the duty of each officer and director to attend the regular and special meetings of the Board of Directors. A member of the Board of Directors may be removed from office for failure to attend Director's meetings or neglect of Academy responsibilities. Removal may be effected upon majority vote of the Board of Directors at a Director's meeting. Notice of removal shall be given by the Secretary to the director in question.
  • Section 6. Reimbursement for Attendance. If a meeting of the Board of Directors is held in conjunction with a continuing legal education course or the Annual Convention of the State Bar of Texas, no Director shall receive reimbursement for travel or lodging, except that the President may, if he/she wishes, obtain a room or suite at the expense of the Academy to be used for meetings of the Board of Directors, or committees, or to be used as a hospitality suite for the members. Food and beverages may be provided at Academy expense, at the discretion of the President. Only the President or individual(s) designated by him may order food or beverages at the cost of the academy for the suite. Reimbursement for attendance at other meetings of the Board of Directors shall be at the discretion of the Board of Directors.
  • Section 7. Other Duties. Each director shall perform such duties as the President or Board of Directors may from time to time direct.

ARTICLE III

Election of Officers and Directors

  • Section 1. Nominations. A Nominating Committee, composed of the President as Chairman, the immediate Past President, the President-Elect, and at least one member of the Board of Directors to be selected by the President, shall make nominations from the regular membership for each office or directorship to be filled prior to June 15 of each year. Other nominations may be made by three or more voting members upon written request to the President prior to June 15 of each year.
  • Section 2. Elections. On or before the 1st day of July of each year, the President, with the assistance of the Secretary, shall cause to be sent by electronic means to each voting member of this Academy in good standing a true and correct copy of the ballot containing the names of the nominees for the officers and directors. Voting shall be by electronic means to a specially protected secure electronic address established for the purpose of casting and counting such votes. The President shall preserved the return ballots by means of electronic storage and be responsible for their storage. The President and Secretary shall count the ballots on or about August 2 of each year and the President shall certify the results thereof. Ballots received after 5:00 p.m. CST August 1 of each year shall not be counted.
  • Section 3. Voting. Each voting member of the organization shall vote for one nominee for each office listed on the ballot or write in the name of any member as his/her choice for any office. Each member shall vote for Directors as listed on the ballot or may write in the name(s) of any member(s) as his/her choice for Director(s).
  • Section 4. Tabulating the Ballots. The President, Secretary and any person appointed by a candidate to review the vote shall count and tally all votes. The nominee receiving the majority of votes cast for an office shall be declared elected to that office. The three (3) nominees for Director receiving the highest number of votes shall be certified as duly elected Directors. The President shall certify all such results and shall promptly mail, or electronically send, copies of his or her certification to the members of the Board of Directors.
  • Section 5. Run-Off Elections. In the event that no nominee for an office other than Director receives a majority of the votes cast for that particular office there shall be a run-off election between the two nominees receiving the highest number of votes. The casting and counting of ballots and certification of the results in a run-off election shall follow the procedures outlined in Sections 3, 4 and 5 of this Article and shall be sent electronically on or before August 5, requiring receipt of the run-off ballot by August 8 at 5:00 p.m., and counted by August 10.
  • Section 6. Election Returns. A copy of the election returns shall be kept by the Secretary in the records of this Academy for at least one year.
  • Section 7. Vacancies. In the event a vacancy occurs in an office or directorship in mid-term, the President may appoint a replacement. However, the officer position (or unexpired term in the case of a directorship) shall be filled by vote in the Academy's next election of officers and directors.
  • Section 8. Transition Into Presidency. The President-Elect shall automatically become the President of this Academy at the annual meeting which occurs at the end of the President-Elect's one year term. The advancement from President-Elect to President shall occur automatically, without a vote of the membership.

ARTICLE IV

Membership

  • Section 1. Regular Membership. Any person licensed to practice law in the State of Texas, who is Board Certified in family law by the Texas Board of Legal Specialization, shall be eligible for regular membership in this Academy.
  • Section 2. Waiver of Dues. Any regular member who is a Judge of a County Court with jurisdiction in family law matters, a District Court, a Court of Appeals, or the Supreme Court, or who is a duly appointed statutory master handling primarily family law matters, shall not be required to pay the annual dues. This waiver shall not apply to an individual sitting only as a retired judge.
  • Section 3. Application for Membership. Application for regular or associate membership in this Academy shall be in such form and manner as prescribed by the Board of Directors and shall be accompanied by the full amount of the dues prescribed by these Bylaws.
  • Section 4. Honorary Memberships. This Academy may, at the direction of the Board of Directors, from time to time bestow honorary memberships upon deserving persons. Such honorary memberships shall be permanent, subject to recision by vote of the Board of Directors. The person holding such an honorary membership shall be entitled to all of the advantages of ordinary membership, save for the right to vote on Academy business. The holder of an honorary membership need not meet the qualifications for regular membership in this Academy.
  • Section 5. Legal Assistants. Any person holding a current certificate as a "Board Certified Legal Assistant - Family Law" issued by the Texas Board of Legal Specialization shall be eligible for associate membership in this Academy. Associate members are non-voting members and are not eligible to hold office. The President may, from time-to-time, appoint an associate member to serve as liaison to the Board of Directors.

ARTICLE V

Meetings of Membership

  • Section 1. Regular Meetings. A regular meeting of the membership of this Academy shall be held in conjunction with the State Bar of Texas' Advanced Family Law Course each year at such time and place as the President, or majority of the Board of Directors may direct. At least thirty days' written notice of the meeting should be given to the membership. The regular meeting may coincide with the Academy Banquet traditionally held at the Advanced Family Law Course.
  • Section 2. Special Meetings. Special meetings of the membership of this Academy may be held at such time and place within the State of Texas as the President, or a majority of the Board of Directors, shall direct by written notice of at least thirty days to the membership.
  • Section 3. Quorum. At all meetings of the membership of this Academy, at least thirty voting members shall constitute a quorum for the transaction of business.
  • Section 4. Voting. At all meetings of the membership of this Academy, voting shall be by a majority vote of the voting members present, except as otherwise provided by the Articles of Incorporation or these Bylaws.
  • Section 5. Attendance of Officers and Directors. It is the duty of each officer and director to attend the regular and special meetings of the membership of this Academy.

ARTICLE VI

Membership

Annual dues for regular membership in this Academy shall be due on January 1 of each year. The amount of annual dues shall be set by the Board of Directors. A regular member retains the right to vote on Academy business until dropped from the rolls of the Academy. Any member who has not paid annual dues by March 1 of each shall be dropped from the rolls of the Academy.

ARTICLE VII

Committees

  • Section 1. Appointment. The President, with the advice of the Board of Directors, shall appoint such committees, chairpersons and members as the President deems necessary to carry out the purposes of this Academy or to assist the Board of Directors in the orderly management of the affairs of this Academy, consistent with the Articles of Incorporation and these Bylaws.
  • Section 2. Committee Liaison. A member of the Board of Directors, designated by the President, shall consult and advise with each committee and periodically report its activities to the Board.
  • Section 3. Continuing Legal Education Committee. The Board of Directors shall appoint a director and assistant director, or co-directors to oversee the Texas Academy of Family Law Specialists Annual Trial Institute who shall together serve with the President as the Texas Academy's Continuing Legal Education Committee. It shall be the responsibility of the Continuing Legal Education Committee to oversee the activities of this Academy relating to continuing legal education activities, including the Academy's Annual Trial Institute.

ARTICLE VIII

The Annual Trial Institute

  • Section 1. Held Annually. This Academy shall, when feasible, on an annual basis conduct a trial institute. The Board of Directors shall designate one or more course directors for a particular course, who shall be a member(s) of this Academy.
  • Section 2. Course Director's Responsibilities. It shall be the responsibility of the course director(s) to arrange for a meeting place, and to make such other arrangements regarding accommodations and transportation as he/she may deem advisable. The course director(s) shall also arrange for speakers and other program participants. The course director(s) shall also, with the assistance of other members of this Academy, give notice of the trial institute to Academy members and other persons who might be interested in attending the institute. All monetary commitments relating to any particular institute that the course directors(s) proposes to make, and which exceed $1,000.00 in amount, shall be approved in advance by the Academy's Continuing Legal Education Committee. Institute-related financial commitments shall, to the extent practicable, be made in such a way as to avoid undue risk to the financial well being of the Academy.
  • Section 3. Compensation. Neither the course director(s) nor program faculty shall receive any compensation for participation in the annual trial institute. However, reasonable travel expenses, lodging expenses, and meal expenses, of the course director(s) and his/her spouse or one guest may, at the election of the Continuing Legal Education Committee, be reimbursed or pre-paid. Also, travel expenses, meal expense not to exceed $40 per day, and lodging expense for one night per day of presentation, shall be reimbursed to faculty, provided that the Continuing Legal Education Committee shall be authorized to approve additional reimbursement in cases of extraordinary circumstances.
  • Section 4. Institute Finance. Financing for the Institute shall be maintained in the regular account of the Academy but accounted for by the Academy Treasurer separately. The Institute Director(s) shall be advanced by the Academy Treasurer such funds as the Director(s) may require to scout the site, make any advance deposits, and fund ordinary Institute expenses that arise. Thereafter, all income received in connection with the trial institute shall be deposited into, and all expense payments taken from, the general account, but separately accounted for in the ordinary course of business. No reimbursements shall be made except upon presentation of receipts or other verification of expenditures. The Academy Treasurer shall be responsible for handling and accounting for the course funds, shall attend the Institute in order to properly exercise his or her responsibility except in the case of dire emergency, and shall be entitled to reimbursement for attendance. Within a reasonable time after the conclusion of the Institute, the Academy Treasurer and Course Director(s) shall present to the Board a complete accounting of all income and expenses relating to the Institute.

ARTICLE IX

The Academy Newsletter

  • Section 1. The Editor. The Board of Directors shall designate an editor for the Academy newsletter, The Family Law Forum. The designated editor shall serve without compensation for his or her time, and shall be responsible for publishing and mailing the newsletter on a regular basis to all members of this Academy, including Honorary Members, and such other persons as the editor shall deem advisable. The editor may but is not required to be a director, but if not a director then he/she shall serve an non-voting advisor to the Board of Directors.
  • Section 2. Expenses. The Texas Academy shall pay for reasonable expenses incurred in connection with the publication and distributing of the Academy newsletter. The editor shall account for expenditures in connection with the newsletter, and shall apply to the Treasurer for reimbursement of such expenses. If necessary, the Treasurer may from time to time make advancements for such costs.
  • Section 3. Soliciting Materials. The members of the Board of Directors shall assist the editor in securing materials to be published in the newsletter. Directors should make their own contributions, and should encourage others to make contributions of written materials for publication in the newsletter.
  • Section 4. Privileges. The editor of the newsletter may attend the Academy's Trial Institute without paying a registration fee. This waiver of fee does not extend to transportation, food or lodging. If the editor is a regular member of this Academy, he/she need not pay annual dues during any year he/she serves as editor.

ARTICLE X

Awards

  • Section 1. The Sam Emison Award. The Texas Academy of Family Law Specialists may, when the Board of Directors deems it appropriate, bestow the Sam Emison Award upon a person who has demonstrated a significant commitment and made significant contributions to the practice of family law in the State of Texas. The recipient of the Sam Emison Award shall receive a suitable plaque or other indication of the award, and may at the election of the Board of Directors receive a monetary honorarium in an amount to be set by the Board of Directors. The award shall ordinarily be made at the annual membership meeting held at the State Bar of Texas' Advanced Family Law Course. Notice of the award to a recipient will be given in the Academy's Newsletter and in other appropriate fashions. The Board of Directors shall decide when the Award will be given, and to whom, and whether or not a cash honorarium will be given, and in what amount. The most recent recipient of the Sam Emison Award shall be entitled to attend the Academy's next trial institute without paying a course registration fee. This waiver does not extend to transportation, food or lodging. No person who is an officer or director of the Academy at the time decision is made to choose the recipient of the Sam Emison Award shall be eligible to receive the Award.
  • Section 2. Other Awards. The Texas Academy of Family Law Specialists may make other awards which the Board of Directors deems appropriate, on such terms as the Board of Directors may decide. Such awards may include plaques, cash honorarium, waiver of dues, waiver of registration fee at the trial institute, or other appropriate gesture.
  • Section 3. Gifts for Service. The Texas Academy may, when the Board of Directors so elects, give to departing officers and directors a gift or other token of appreciation for their service to the Texas Academy.

ARTICLE XI

Historian

  • Section 1. Historian. The Texas Academy of Family Law Specialists shall have an academy historian, to be designated by the President with the consent of the Board of Directors. The historian shall serve at the pleasure of the Board of Directors, on such terms as the Board of Directors may direct.
  • Section 2. Responsibilities. The historian shall keep and safeguard memorabilia of the Texas Academy of Family Law Specialists, including newspaper articles, photograph albums, and other matters of interest. The historian shall, with the assistance of others, endeavor to take photographs of Texas Academy activities that the historian deems advisable to record. Remarks made upon the presentation of awards may also be preserved for later review. The historical information relating to the Texas Academy of Family Law Specialists shall be made available on a reasonable basis at the Academy's annual membership meetings and trial institutes, and in the Academy's hospitality suite. The historian should also preserve the Academy's minute books when they are bound for permanent safekeeping.
  • Section 3. Expenses. The Texas Academy shall reimburse the historian for reasonable expenses in conducting his/her responsibilities as historian.

ARTICLE XII

Rules of Procedure

Robert's Rules of Order shall govern all meetings of the membership of this Academy and of the Board of Directors, unless inconsistent with these Bylaws.

ARTICLE XIII

Amendment of Bylaws

  • Section 1. At Annual Meeting. These bylaws may be amended by a majority vote of the voting members present at the annual meeting next following thirty days notice to the membership. Absent an emergency, as a condition precedent to a vote on any amendment(s) to these Bylaws, the Secretary shall give thirty days notice of such proposed amendments(s) and such meeting to all members in the manner prescribed by these Bylaws.
  • Section 2. Under Exigent Circumstances. If exigent circumstances require a vote on an amendment to these Bylaws at a time other than the next annual meeting, an amendment to the Bylaws may be voted on by mail ballot sent to each voting member, provided there is full disclosure of the nature of the proposed amendments and provided that signed ballots are received from at least one-half of the voting members. Amendments pursued on this basis shall be adopted if over half of the ballots actually received support the proposed amendment. Ballots shall be returned by voting members to the President, who shall determine the cut-off date for return of the ballots, and who shall tally the ballots and preserve them for one year after the vote is counted.
  • These amended Bylaws were proposed at the regular membership meeting held on the 7th day of August, 2002, pursuant to thirty days' written notice thereof to the membership, and were adopted by the membership as the Bylaws of the Texas Academy of Family Law Specialists.