ACES Bylaws and National Charter
Association For Children For Enforcement Of Support, Inc.
Regulation and National Charter
The purposes of the national ACES network shall be as follows:
- To prevent under the provisions of existing law, the economic abuse of children by nonpayment of child support
2. To defend under existing law, the rights of children to collect child support owed to them, thereby reducing their dependency on government aid.
3. To inform persons owed child support of their rights under existing law to collect it and their obligations to permit visitation by the noncustodial parent.
4. To educate the public as to the need for full implementation of existing law providing for the enforcement of child support obligations.
5. To provide emotional support for parents and children suffering because of nonpayment of child support.
6. To conduct nonpartisan research into ways in which enforcement of rights to child support can be improved, and report the results of such research in a fair balanced manner permitting the public to reach an independent conclusion.
B. General Structure
The work of ACES shall be conducted and supervised by the Association for Children of Enforcement of Support, Inc. (ACES Inc.) an Ohio corporation. The Board of Trustees of ACES, Inc., shall be the national board of ACES, and the officers of ACES, Inc., shall be the national officers of ACES.
The work of ACES in individual states shall be performed by state and county chapters.
All components of ACES shall operate under a common trade mark and a common corporate and tax status.
II. National Organization
A. Board of Trustees
1. Authority. The trustees shall have all powers necessary to exercise the full authority of the corporation, except for those powers given exclusively to the membership or other parties by the articles and these regulations.
a. Actions. The board of trustees shall have no power to act except by resolution at a meeting of trustees, by unanimous written vote, or by emergency powers granted the president under these regulations.
b. Passing Resolutions. Except for otherwise provided by the articles or regulations, resolutions of the trustees shall be passed by a majority vote of a quorum.
c. Legal Action. Unless by emergency power of the president, no legal action on behalf of the corporation shall occur except as authorized by the trustees.
2. Number. There shall be nine trustees, or such other number more than two as shall be determined by majority vote of a quorum of trustees. However, the trustees may not, by reducing the number of trustees, prevent a trustee from serving out the balance of that trustee’s term.
3. Qualifications. No person shall qualify for service as a trustee who has not been a voting member of ACES for at least six months, unless nomination is approved by a majority vote of trustees.
a. Nominations. The outgoing trustees may present nominations for the board of trustees, and at the annual meeting. The board of any state chapter of ACES or any ACES member may, by written notice postmarked at least 60 days before the annual meeting to the national office, nominate a person(s) for the board of trustees. In addition, nominations for the board of trustees shall be open to the members at the annual meeting.
1) Secret Ballot. If there are more nominations for the board of trustees than available positions on the board, voting for trustees at the annual meeting shall be by secret ballot.
2) Mailed Ballots.
a) Mailing to Members. At least 30 days before the annual meeting, the secretary of ACES shall mail ballots to all ACES chapters. Chapters are responsible to mail or provide ballots at local chapter meeting to members for voting to be done before the annual meeting. Chapter coordinators are responsible to return completed ballots to ACES Secretary on or before the annual meeting.
b) Contents. This ballot must contain the name of every qualified person for which the corporate secretary has received a valid nomination.
c) Validity. Mailed ballots must be signed, sealed, addressed to the corporate secretary, and received by the corporate secretary on or before the annual meeting, and must also comply with Rule 1(A)(4)(b)(3), in order to count.
d) Counting. The corporate secretary shall open and count the mailed ballots along with any ballots of those present at the annual meeting and not voting by mail.
e) Keeping. The mailed ballots shall be kept as part of the corporate records but may be inspected only as the trustees shall direct.
3) Number of Votes. Each voting member shall be permitted to vote for as many persons in an election of trustees as there are available seats on the board of trustees. Cumulative voting shall not be permitted.
c. Tie Votes. If a tie vote for the last available seat on the board of trustees occurs, there shall be a runoff ballot among all candidates party to the tie.
a. Term. Until the 1990 annual meeting, a person other than the president selected to be a trustee shall serve until the next annual meeting. As of the 1990 trustee election, ½ of the trustees will be elected for 2 years and ½ elected for one year. Each election thereafter will be for a 2 year term. Trustees’ terms, including that of the president, may end sooner only in the case of resignation, removal, or death.
b. Removal. Except for the president and vice president, trustees shall be removable by vote of 2/3 of all of the other trustees in the corporation, with or without cause. The membership shall have no power to remove trustees, including the president. In addition, trustees are to attend one in person meeting per year and participate in two telephone conference calls. If a trustee fails to do so they can be removed by a vote of the trustees unless they have provided the trustees with a written explanation of their absence to the trustees’ satisfaction.
c. Vacancies. Any vacancies on the board of trustees, including the presidency, shall be filled by a vote of 2/3’s approval by the Board of Trustees.
a. Attendance. All trustees and officers of the corporation shall have the right to attend meetings of the trustees. In addition, any trustee shall have the right to submit a statement for reading into the minutes of the trustees meeting in the event of her absence. Such statement shall be read into the minutes if received by the corporate secretary before the meeting. Persons other than trustees and officers may attend meetings of the trustees by invitation only.
b. Time and Place. All trustee meetings shall occur at the time of day and and the place designated by resolution of the trustees for meetings of the trustees. If no trustee resolution set’s a time of day or place for a properly called meeting, the president may specify a time of day or place in writing.
c. Conference Call. Trustee meetings may be conducted by any conference call arrangement in which each participant at the meeting may hear each other participate.
d. Regular Meeting. The Trustees shall hold their regular meeting on the date of the annual national membership meeting, and shall specify by resolution a time and place for that meeting.
e. Other Meetings.
1) Calling. Other meetings of the board of trustees may be called by resolution of the trustees, or by the president, or any two trustees in writing.
2) Notice. The person(s) calling a meeting of trustees that is not the regular meeting shall give notice in writing to all other trustees of the meetings date, time, purpose. Such notice shall be postmarked at least two weeks before the meeting is called.
3) Challenged Acts. No action taken at a special meeting of trustees shall be voidable for the reason that such action was inconsistent with the purpose of the special meeting provided in the notice of the meeting sent to trustees.
1) Quorum. The number of trustees present at a meeting of trustees shall constitute and quorum.
2) Voting Power. At all trustee meetings, each trustee entitled to a vote on a resolution shall have one vote.
3) Voting by Mail. Voting by mail by trustees shall be by ballot approved by the trustees or president, postmarked to every trustee by the corporate secretary at least 15 days before a trustee meeting, returned by mail addressed to the corporate secretary by the time of the meeting, and opened and counted by the corporate secretary at the meeting.
4) Proxy Voting. A trustee may give total or limited proxy power to another trustee in writing signed by the trustee granting the proxy and received by mail by the corporate secretary before the trustee meeting. No proxy shall be valid more than 30 days after postmarking.
7. Trustee Committees.
a. Establishing. The board of trustees may establish committees by resolution designating their authority.
b. Committee Members. Each committee of trustees shall have at least three members. Committee members shall be elected by resolution of the trustees, and shall be replaceable at the pleasure of the trustees.
c. Voting. Committees of trustees shall act by majority vote at a committee meeting, or by unanimous vote in writing.
d. Conference Call. Meetings of committees of trustees may be conducted by any conference call arrangement in which each participant at the meeting may hear each other participant.
e. Elimination. A committee of trustees may be eliminated by vote of a majority of quorum trustees.
8. Compensation. Trustees shall serve without compensation, but may receive reasonable reimbursement for travel expenses as provided by resolution of the trustees.
B. National Membership
1. Authority. The authority of the national membership ACES shall be limited to the following:
a. election of trustees, including the president;
b. receiving annual reports from the corporate officers and committees;
c. approving, by the vote of 70% of a quorum, of any proposed disposition of substantially all of the corporate assets at once;
d. approving, by the vote of 70% of a quorum, of any corporate mergers or consolidations involving ACES;
e. approving, by the vote of 70% of a quorum, of the dissolution of the corporation;
f. amending, by the vote of 2/3 of a quorum, the corporate regulations;
g. passing resolutions binding upon the corporation, subject to overruling by a majority of a quorum of trustees.
2. Other Limitations.
a. Corporate Assets. Members shall have no rights in the assets of the corporation.
b. Meetings Required. The full membership shall have no authority to pass resolutions except at a meeting duly convened under these regulations.
a. Voting Members. Voting members of ACES shall have the following rights:
1) To serve on committees of members.
2) To attend all meetings of any chapter membership, or of the full membership.
3) To vote on all matters properly before the full membership or the membership of the chapter to which they belong.
4) To examine the corporate books and records in all reasonable ways.
b. Non-voting Members. Non-voting members of ACES shall have the following rights:
a. Voting Members. A voting member in any county chapter of ACES is voting member of het national organization. To be a voting member of ACES a person must meet the following qualifications:
1) The person must be a parent holding present rights, regardless of status in court, to child support, or the current spouse of such a parent who is living with that parent;
2) The person must be current in membership dues, unless the person’s dues have been waived under the Chapter Handbook; and
3) The person must meet at least one of the following conditions:
(A) The person was member of ACES on August 31, 1984;
(B) The person has been a non-voting member of ACES for sixty (60) days;
(C) In a chapter which was created by the trustees less than sixty (60) days earlier, the person was made a member of ACES by the applicable county chapter officer; or
(D) The person is a chapter coordinator.
b. Non-voting Members. All members of ACES not granted voting membership shall be non-voting members of the national organization. To qualify for non-voting membership in ACES, a person must have an interest in improving child support collections and must request membership status from the county secretary-treasurer in the county of residence.
c. Unorganized Areas. The national office may grant voting or non-voting membership in ACES to any person from a county where no county chapter exists.
5. Termination of Membership.
a. Voluntary. A member may voluntarily terminate his or her membership in ACES by notifying the applicable county chapter officer or state executive officer.
b. Involuntary. A person’s national membership in ACES may be terminated with or without cause by vote of the board of trustees.
a. Regular Meetings. Annual meeting is to be held each year. Date, time, place is to be approved by the Board of Trustees. In selecting a place for the annual meeting, the trustees shall consider the need for a central location, but their decision as to location shall be final.
b. Special Meetings.
1) Calling Meetings. Special meetings of the full membership may be called by the president; the vice-president, if the president is disabled, absent, or dead; the trustees; or by written document signed by ten percent of the voting members of the corporation and ten percent of the non-voting members.
2) Location. Special membership meetings of the full membership shall be held at the location specified by the trustees for regular meetings of such membership.
3) Notice. The person(s) calling a special membership meeting shall do so by publication in a newspaper of general circulation in the locality of each chapter, except that when the meeting is called by members, such members shall also give note to the trustees and state boards by mail postmarked 14 days in advance of the special meeting. Notice of special membership meetings to members may be by mail or personal notice to all members instead of publication. A notice of a special membership meeting shall state the purpose of such meeting.
1) Quorum. The persons attending a national membership meeting shall constitute a quorum.
2) Manner. In all national membership meetings, each member of a class entitled to vote on a resolution shall have one vote. No voting by proxy shall be permitted. Voting by mail by the national membership on issues other than election of trustees shall be at the direction of the trustees.
3) Votes Needed. Unless otherwise provided by these regulations, the full membership may pass a resolution by simple majority.
4) Adjournment. Membership meetings may be adjourned by a majority vote of the voting members present.
7. Membership Committees. The national membership of ACES shall have such committees as are established by resolution of the trustees.
a. Appointment. Persons shall be appointed to national membership committees under a process established by resolution of the trustees.
b. Authority. Committees of the ACES shall have the authority to prepare reports and proposals for the trustees, and such other authority as the trustees shall grant.
1. Designated. The officers of the corporation shall be the president, secretary, treasurer, and such other officers created by resolution of the trustees or act of a person or persons designated by the trustees.
a. Board Membership. The president of the corporation must be a member of the board of trustees. No other officer must be a trustee.
b. Multiple Offices. A person may hold more than one office in ACES.
3. Selection. The president shall be elected by the members. The secretary and treasurer shall be appointed by the president.
a. Term. Except for the president, national officers of the corporation shall serve until the first meeting of trustees after the next annual meeting, resignation, removal, or death.
b. Removal. National officers may be removed only by a vote of 3/4 of a quorum of trustees, with or without cause.
c. Vacancies. Vacant national offices, except for the presidency, with unexpired terms, shall be filled in the same manner as persons are selected for the office under these regulations.
5. Responsibilities and Powers. In addition to the responsibilities and powers specified by the trustees, the national officers of ACES shall hve the following responsibilities and powers:
a. President. The president shall be the chief executive officer of ACES responsible for its day-to-day national operations. The president shall:
1) Represent Corporation. Represent and speak for the national organization, or designate a person(s) to do so.
2) Negotiations. Conduct all negotiations on behalf of the national organization, or designate a person(s) to do so.
3) Officers. Appoint the secretary, treasurer, and county chapter coordinators.
4) Emergency Powers. Exercise, in addition to any emergency powers granted by resolution of the trustees, emergency power to act on behalf of the trustees if :
(A) a meeting of trustees could not be had before action was necessary;
(B) the trustees had not acted on the subject of the president’s emergency action in the previous six (6) months.
(C) the emergency action involved serious financial consequences to the corporation or an immediate corporate response to actions by public officials regarding enforcement of child support.
(D) she postmarks a written report regarding the emergency action to the trustees within seventy-two (72) hours; and
(E) the trustees do not overrule the emergency action at a later meeting.
5) Expenditures. Authorize all expenditures from the corporate treasury, subject to other provisions in the regulations, articles of incorporation, and resolutions of the trustees.
6) Chapters. Create and organize new chapters of ACES.
7) Meetings. Conduct meetings of trustees and the full membership.
8) Committees. Serve as an ex-officio (non-voting) member of all committees of trustees.
9) Program. Develop, revise, and implement a concrete program to carry out the work of the Corporation in the nation.
10) Community Support. Enlist the support of leaders involved in organizations similar to ACES for its work.
11) Lobbying Expenditures. Ensure that annual expenditures of the corporation and its chapters on attempts to influence legislation in any manner will not exceed the limits for public charities or private foundations specified in Internal Revenue statutes and regulations.
12) Grass Roots Expenditures. Ensure that annual expenditures of the corporation and its chapters on attempts to influence legislation by changing public opinion will not exceed the limits for public charities or private foundations specified in Internal Revenue statutes and regulations.
13) Checks. Sign checks of corporation or designate a person to do so.
14) Campaigns. Ensure that the corporation does not, either directly or indirectly, participate or interfere in any political campaign for public office in violation of any limits for public charities or private foundations specified in Internal Revenue statutes and regulations.
b. Secretary. The secretary shall:
1) Act as President. Act as president of the corporation under conditions provided in writing by the president, or by resolution of the trustees, with specifications of the beginning and ending dates of the period in which she shall act as president.
2) Correspondence. Conduct the correspondence of the corporation.
3) Records. Keep the non-financial records of the national organization, including:
(A) a membership book including the names, addresses, admission date, class, and termination date for each member of the corporation.
(B) written votes of corporate bodies;
(C) minutes of the meetings of trustees and the full membership.
4) Corporate Documents. Perform the following duties with regard to corporate documents:
(A) notify the Ohio Secretary of State if the corporation’s statutory agent or address changes;
(B) certify amended articles of incorporation after amendment;
(C) send amended articles of incorporation to the Ohio Secretary of State or, if only designation of the corporate name or office was amended, to the County Recorder;
(D) upon dissolution of the corporation, prepare and file a certificate of dissolution with the Ohio Secretary of State;
(E) file a certificate of continued existence with the Ohio Secretary of State every five years.
5) Trustee Elections. Receive nominations, and prepare, send, receive, count, and keep written ballots in trustee elections under the provisions of these regulations.
6) Statements to Trustees. Receive written statements from trustees for trustee meetings, and read said statements into the minutes of trustee meetings as required by these regulations.
7) Written Ballots. As required by these regulations, mail, receive, and count written ballots for meetings of the trustees.
8) Proxies. Receive and keep written proxies for use in trustee meetings.
c. Treasurer. The treasurer shall:
1) Financial Records. Keep complete books and records of accounts for the corporation or designee.
2) Reports. Give a report at each meeting of the trustees or as requested by the president.
3) Checks. Sign all corporate checks, or designate a person to do so, if authorized by the trustees or the president.
4) Accountant. Retain, with the approval of the trustees, the services of an accountant.
5) Legal Reports. Direct the making of all reports on corporate finances required by law.
6. Compensation. Compensation of officers of the corporation, if any, shall be fixed by resolution of the trustees.
III. County Chapters
A county chapter shall be created in the following manner:
1. Application. The person(s) desiring to operate a county chapter shall file an application with the national office.
2. Appointment of Coordinator. Upon receiving an application to operate a county chapter, the national office may, in its discretion, create a county chapter coordinator or co-coordinators.
3. Chapter Agreement. As a condition of becoming a chapter coordinator or co-coordinator, a person must sign a chapter agreement requiring her to follow the requirements of the articles of incorporation, regulations, policies set by the trustees, the ACES Chapter Handbook, and directives of the national office.
B. Powers and Responsibilities
1. Programs. A county chapter shall develop and maintain educational, advocacy, outreach, counseling, court monitoring, and other programs as described in the Chapter Handbook and policies and procedures set by the trustees.
2. Mailings Lists. No county chapter, county officer, or county member may distribute any ACES mailing and/or membership list.
C. County Offices
1. Designated. Each county chapter shall have a chapter coordinator, chapter secretary, and chapter treasurer. A person may hold more than one of these positions. Chapters may develop chapter by-laws which are consistent with ACES regulations, charter, and purpose. By-laws are subject to approval by Chapter Coordinator and President.
2. Selection. County chapter coordinators shall be appointed by the national office. County secretaries and treasurers shall be appointed by county chapter coordinators.
3. Term. County officers shall serve at the pleasure of the officers who appointed them.
4. Responsibilities and Powers. County officers shall have the following responsibilities and powers:
a. County Chapter Coordinators. A county chapter coordinator shall:
1) First Meeting. Conduct a meeting of the county membership within 90 days after appointment.
2) Notice of Meetings. Notify members of meetings by regular schedules, phone, mail, or newspaper advertising.
3) Secretary and Treasurer. Appoint a county secretary and treasurer, and ensure that they follow the duties required by these regulations.
4) Community Support. Enlist the support of community leaders involved in organizations similar to ACES in its work.
5) Reports. Report to the national office and to the state board, if one exists, in writing monthly, and otherwise as required.
6) Picketing. Permit picketing by the county chapter on 7 days’ advance notice to, and approval in writing by, the president.
7) Committees. Appoint and preside over chapter committees and advisory councils as permitted or required by the Chapter Handbook.
8) Chapter Handbook. Follow the provisions of the ACES Chapter Handbook.
9) Lobbying Expenditures. Ensure that annual expenditures of the chapter or attempts to influence legislation in any manner will not exceed the limits for public charities or private foundations specified in Internal Revenue statutes and regulations.
10) Grass Roots Expenditure. Ensure that annual expenditures chapter on attempts to influence legislation by changing public opinion will not exceed the limits for public charities or private foundations specified in Internal Revenue statutes and regulations.
11) Dues. Ensure that dues shall be sent by the chapter to the national office as required by the Chapter Handbook.
12) Training. Attend regional and area training sessions, and encourage other chapter officers and members to do so as well.
13) Registration in State. Ensure that ACES is registered in the state as a foreign corporation licensed to operate there, if such registration has not yet occurred.
14) Checking Account. Reconcile the chapter checking account quarterly.
15) Political Campaigns. Ensure that the chapter does not, directly or indirectly, interfere in any political campaign for public office in violation of any limits for public charities or private foundations specified in Internal Revenue statutes and regulations.
b. County Secretary. A county secretary shall:
1) Members. Keep a record of the names, addresses, phone numbers, and dues-paying status of all county chapter members, and grant non-voting membership in ACES to any person with an interest in improving the collection of child support who requests said status.
2) Report to Nationals. Submit the chapter’s membership list to the national office annually by May 1, and at any other times the national office requires.
3) Minutes. Take and keep minutes of all county chapter meetings, reflecting among other things how much time in the meeting spent discussing pending legislation.
4) Chair Meetings. Preside over any chapter membership meeting if the chapter coordinator is absent.
5) Annual Meeting. Distribute ballots for the annual meeting of ACES.
6) Other. Perform other duties assigned by the county chapter coordinator.
c. County Treasurer. A county treasurer shall:
1) Funds. Follow bookkeeping policies as adopted by trustees and keep the financial records of the chapter.
2) Checking Account. Open a chapter checking account using the ACES federal I.D. number only, and reconcile the account monthly.
3) Reports. Write monthly financial reports to the chapter, and to the national office.
4) Dues. Send chapter dues to the national office at least quarterly.
5. Compensation. Compensation of county officers, if any, shall be fixed by resolution of the trustees.
D. County Membership
a. Regular Meetings. A chapter coordinator shall specify a regular place and time for quarterly county chapter meetings. The quarterly meeting may be held at another place or time or canceled only if the county chapter coordinator publicizes the change in advance in a newspaper of general circulation in the chapter area or gives personal notice to all county chapter leaders.
b. Special Meetings. A special meeting of a chapter membership may be called by the chapter coordinator, national office, or trustees. The person’s calling a special chapter meeting must send notice to all county chapter members.
1). Quorum. The voting members of a county chapter attending a county chapter meeting shall constitute a quorum.
2) Manner. In county chapter meetings, all voting members of the chapter shall have one vote. No voting by mail or proxy shall be permitted.
3) Adjournment. County chapter meetings may be adjourned by a majority of the voting members of the chapter present.
2. Recommendations and Proposals. County chapters may develop recommendations for national objectives, programs, or services, and proposals for pilot programs to be operated by the county chapter. Any such recommendations and proposals received by the national office shall be presented to the trustees.
3. Termination of Membership.
a. Voluntary. A member may voluntarily terminate his or her membership in ACES by notifying the county secretary-treasurer of his or her chapter.
b. Involuntary. The membership of an ACES member may be terminated with or without cause by vote of the board of trustees.
E. Control Over County Chapters
1. By National Organization
a. Powers Additional. The powers of the national organization discussed in this part of the regulations are in addition to any other powers granted by the articles of incorporation, other parts of the regulations, and law.
b. Investigation. The national organization may investigate whether a county chapter has committed a serious violation of its charter agreement. Furthermore, the national organization shall have access to the minutes and records of a county chapter at any time.
c. Sanctions. For serious violation by a county chapter of its chapter agreement, the trustees may, by vote of 2/3 of a quorum, take any or all of the following actions, in addition to any other actions permitted by the regulations:
1) Removal of County Officers. Remove any designated person, including the county coordinator, from county office.
2) Trademark. Forbid the county chapter from using the ACES name or trademark in connection with its work.
3) Chapter Status. Suspend or revoke its status as a chapter of ACES, requiring the chapter to close all financial accounts and return all funds, properties, equipment, and supplies owned by the chapter or held in the name of ACES to the control of the national office. All such funds, properties, equipment and supplies shall be held in escrow by the national office pending reorganization of a chapter in the county. If no reorganization occurs within six months, the funds, properties, equipment and supplies will be distributed to other chapters within the state, if any.
2. By State Board. For serious violation of any of its written policies or position statements, the board of directors of a state chapter may remove a county chapter coordinator within the state from office.
IV. State Chapters
A. Creation. In any state which has three or more county chapters, the president may create a state chapter by appointing a state board of directors consisting of the coordinators of all county chapters in that state. This initial state board shall serve for one year.
B. Powers and Responsibilities
1. Elections. The board of directors of a state chapter shall provide by written resolution for division of the state into regions, nomination of candidates for the state board form each region, and election of directors by numbers of ACES in the state.
2. Position Statement. A state board may develop position statements on statewide issues subject to the policies of the trustees and the national office.
3. Annual Program. A state board shall adopt an annual platform of actions, information activities, or reforms to be advocated by all chapters in the state.
4. Networking. A state board shall implement a communications and information sharing network within the state. Each regional representative to the state board shall keep the chapters within her region informed of statewide position statements and actions of the state board.
5. Assist Chapters. A state board shall provide guidance to groups forming new chapters and be a forum for the resolution of problems or conflicts between chapters.
6. Budget. The state board will develop and submit to the national office an annual budget to cover the courts of meeting its objectives. The state board shall determine each county chapter’s fair share of the state budget and will collect the funds from county chapters.
7. Lobbying. The board of directors of a state chapter shall ensure that annual expenditures of the chapter on attempts to influence legislation in any manner, and on attempts to influence legislation by changing public opinion will not exceed the limits for public charities or private foundations specified in Internal Revenue statutes and regulations.
8. Mailing List. No state chapter, state board member, or state staff member may distribute an ACES mailing and/or membership list.
9. Political Campaigns. The board of directors of a state chapter shall ensure that the state chapter does not, directly or indirectly, participate or interfere in any political campaign for public office in violation of any limits for public charities or private foundations specified in Internal Revenue statutes and regulations.
A state chapter should have a president, vice president, secretary, and treasurer.
D. Control Over State Chapters
1. State Board By-Laws. In addition to any other written requirements developed by the trustees or president, the national office shall provide each state chapter with state board by-laws which the state chapter must adopt. In addition to any other requirements for the governance of the state chapter, the state board by-laws shall bind the chapter to the articles of incorporation, regulations, board of trustees resolutions, and directives of the president.
2. Reports. The officers of the state board shall report to the national office as required.
3. Meetings. The national office may call special meetings of the state board of directors, and the national president or person(s) designated by her shall have the right to attend any meeting of any state board of directors.
4. Sanctions. For serious violation of state board by-laws or other written requirements developed by the trustees or the president, the trustees may, by a vote of 2/3 of a quorum, take any or all of the following actions, in addition to any other actions permitted by the regulations:
a. Removal of State Officers. Direct the state chapter to remove designated persons, which may include the state president, from office.
b. Trademark. Forbid the state chapter from using the ACES name or trademark in connection with its work.
c. Chapter Status. Suspend or revoke its status as a chapter of ACES, requiring the chapter to close all financial accounts and return all funds, properties, equipment, and supplies owned by the chapter or held in the name of ACES to the national office. All such funds, properties, equipment, and supplies shall be held in escrow by the national office pending reorganization of a chapter in the state. If no reorganization occurs within six months, the funds, properties, equipment and supplies will be distributed to other chapters within the states, if any.
A. Dues and Fees. The national office, state chapters, and county chapters are authorized to charge dates and fees to the extent permitted by the trustees or the ACES Chapter Handbook.
B. Disposing of Assets
1. Authorization by National Office. Except as otherwise provided in the articles of incorporation, regulations, and resolutions of the trustees, all expenditures of funds by any entity of ACES must be approved in writing in advance by the national office.
2. $250 or Less. A state or county chapter may spend up to $250 of funds it has on hand without approval in writing from the national office.
3. Chapter Accounts.
a. Checking Account. A state or county chapter may have its own checking account in the chapter’s name. Checks over $250 written on a chapter’s account must be signed by the chapter treasurer and one other chapter officer.
b. Savings Account. A state of county chapter may have its own savings account in the chapter’s name for excess funds.
c. Duplicate Statements. State and county chapters shall instruct all financial institutions in which they open or maintain an account to automatically provide the national office duplicate statements for any such account at the close of each accounting period.
d. Signature Cards. State and county chapters shall ensure that the national office has current bank signature cards showing all authorized signatures for all chapter accounts.
4. Petty Cash. State and county chapters may have their own petty cash funds.
C. Prohibited Transactions
1. Corporate Obligations. No state or county chapter may create contracts involving obligations or debts against the corporate treasury without advance approval from the national office. Except in cases where the national office has given its approval in writing, the corporation shall accept no liability for debts created by a chapter.
2. Employees. No state or county chapter may employ a person without advance approval in writing from the national office. Under no circumstance may a state or county chapter employ a fundraiser.
3. Distribution of Earnings. No part of any earnings or receipts of the national organization or any other chapter may be distributed to private individuals, subject to payment of reasonable compensation and reimbursement to trustees, directors, officers, employees, or agents of the national organization or chapter under the provisions of the governing documents of ACES, Inc., or chapter.
4. Dissolution. Upon dissolution of the national organization, its assets shall be distributed to another corporation organized and operated for charitable or educational purposes, or for prevention of cruelty to children, for tax exempt purposes, within the meaning of the Internal Revenue Code. No portion of the assets of the national organization or any chapter may be distributed to private individuals upon its dissolution.
5. Distribution of Income. Any income of the national organization or any chapter must be distributed before the first day of the second taxable year following the taxable year in which it is received. For purposes of this charter, “taxable year” shall mean any twelve month period on which federal income tax liability of the national organization or chapter could potentially be based.
6. Interested Persons. Except for such reasonable compensation for trustees, directors, officers, employees, or agents of the national organization or any chapter which shall be set under the provisions of the governing documents of the national organization or chapter, the national organization and chapters shall enter into no financial dealings with any officer, trustee, director, or employee of the national organization or chapter, or any person contributing more than $5,000 and more than two percent (2%) of total contributions to the national organization or a chapter in a year, or with any member of the family of, or any other foundation controlled by, such officer, trustee, director, employee, or person. All transactions between the corporation and another corporation of which ACES trustee, or officer, is a director, trustee, or officer, or has a financial interest, is prohibited unless (a) the material facts of the transaction are known or disclosed to a majority of the disinterested trustees or voting members reviewing the proposed transaction, or (b) the transaction is fair to ACES when it is authorized.
7. Stock Ownership. The national organization and each chapter shall retain less than two percent (2%) of any class of stock in any other corporation, less than two percent (2%) of any type of interest in any partnership, and no interest whatsoever in any proprietorship.
D. Legal Expenses
1. Payment in General. The corporation will pay the legal expenses of an officer, trustee, employee, or an agent of the corporation who prevails in a court action involving authorized action taken on behalf of the corporation. The trustees may provide by resolution for payment of legal expenses in other situations.
2. Assets Insufficient. Notwithstanding the other provisions of these regulations, the trustees may limit payment of legal expenses to the unencumbered liquid, assets of the corporation by resolution, following certification by the corporate treasurer that the encumbered liquid assets of the corporation, are insufficient to pay the full legal expenses at issue.
E. Indeminification of National
The chapter and its officers and, in the case of a state chapter, its directors (the “indemnifying parties”), shall —intly and severally indemnify and hold harmless the corporation, its national officers, its trustees, its other chapters, and the officers of its other chapters (the “indemnified parties”), from and against any loss, expense, damage, or injury suffered or sustained by the indemnified parties by reason of any acts or omissions by the indemnifying parties which violate any constitutionally valid status or governmental regulation, or these regulations, the chapter agreement, or state by-laws, which are grossly negligent, including but not limited to any judgement, award, settlement, attorneys’ fees and other costs or expenses incurred in connection with the defense of any actual or threatened action, proceeding or claim.
A chapter receiving grant funding shall post payable to the corporation, for the full amount of the grant funding received, in the event the corporation becomes obligated or elects to return said grant funding to the grantor. If the corporation repays said grant funding to the grantor, the bond shall be payable to the corporation to the degree that funds of the chapter are inadequate to repay the grant to the grantor.
I, , secretary of the corporation, hereby certify that the foregoing is the true, accurate, and authentic text of the regulations of the Association for Children for Enforcement of Support, Inc., as enacted by the Incorporators October 9, 1984, and amended by the members at their duly convened annual meetings on January 11, 1985, May 9-10, 1986, May 30, 1987, and May 20, 1989, and at a special meeting on July 27, 1985. I further certify that the trustees of the Association of Children for Enforcement of Support.https://aces-childsupport.org/aces-bylaws/AboutACES bylaws,national charterAssociation For Children For Enforcement Of Support, Inc. Regulation and National Charter I. Introduction PURPOSES The purposes of the national ACES network shall be as follows: To prevent under the provisions of existing law, the economic abuse of children by nonpayment of child support 2. To defend under existing law, the rights of...ACESACES Single Partent Coaching firstname.lastname@example.orgAdministratorACES - Advocate, coach, Empower Single Parents