Constitution of ICVC
ARTICLE I: NAME
ARTICLE II: OBJECTIVE
ARTICLE III: MEMBERSHIP
ARTICLE IV: EFFECTIVE DATE
ARTICLE V: ORGANIZATION AND ADMINISTRATION
ARTICLE VI: BOARD OF ADVISERS
ARTICLE VII: MEETINGS
ARTICLE I: PROHIBITION AND DISCIPLINARY ACTION
ARTICLE IX: AMENDMENT
ARTICLE X: DISSOLUTION OR MERGER
We the different origin people living in San Diego area of California, USA in various capacities and purposes think that we need an association as a common platform for various purposes. This Association is established as a non-profit, educational, and multicultural organization within the meaning of section 501(c) (3) of the Internal Revenue Code.
The name of this organization to be International Cultural Voice of California (ICVC), and it shall consist of a general body, a governing body, namely its Executive Committee (EC) and a Board of Advisers (BOA). From this point on throughout this document, Executive Committee and Board of Advisers shall be referred to as EC and BOA respectively.
- Our goal is to bring unity among our Multicultural community by performing community activities.
- To develop cooperation and harmony within the different origin people in California and in the United States.
- To expose foreign culture and heritage to the youths and next generation of different origin and create harmony.
- To build mutual goodwill, understanding, and respects among diverse origin people living North America and to contribute to social peace, harmony, and economic growth
- To organize and participate in the regional and national events which promote diverse culture.
- To represent, protect, and promote the interests of persons from different origin.
- To act as an organization to collect and transfer charities, donations, etc. at local, national, and international level for social, cultural, educational, economic, and humanitarian causes.
- To promote friendship and cultural exchange with other organizations.
This organization and its members shall not discriminate against any individuals for reasons of race, color, creed, religion, national origin, sex, education, occupation, and age.
Membership in ICVC shall be open to any person or institution who believes in the Association’s objective as defined in Article II above, is willing to foster such objective, and will pay the required membership dues. Membership shall be for one year with the dates established by the first EC in its By-laws.
This Constitution was drafted, ratified, and approved by the first EC of ICVC and few respected members of the community. There is always room to enhance this constitution as required or needed.
ICVC is an organization which is governed by its Members. Members, by way of a General Body Meeting, are responsible for amending the Constitution and By-Laws, receiving the financial reports of the Association, electing and removing the EC Members and approving dissolution or merger of the Association.Section A : Structure
- The Association’s administration shall be the EC consisting of President, Vice-President, General Secretary, Cultural Secretary and Treasurer.
- In order to be eligible for office, candidates must be Members of ICVC in good standing at the time of the election.
- No two Members from the same family will serve on the EC at the same time.
- EC needs to call a General Meeting and require 100% approval of all paid ICVC members prior to changing any sensitive organizational intellectual properties.
- The Members of the EC shall be elected by the General Body with any reasonable medium, and will assume office immediately after the election.
- All positions named in ARTICLE V, Section A, (1) must be elected by the General Body Members.
- All EC positions will be filled by the election process. (Refer to Article V, section C)
- EC term shall be for four years. After the expiration of the said term, an EC Member may seek reelection for a new term by standing for election with the exception of the President.
- The President shall join the BOA at the end of his/her term, serve as an adviser and "Member at Large" for one term, and will have voting rights in the EC.
- After a member has served on the EC for same position a total of two terms such member is no longer eligible for election for that position. But can run for other position.
- All previous EC members shall be "Member at Large" without any voting rights.
- All vacancies on the EC shall be filled at the discretion of the EC with subsequent notification to the General Body Members. Such appointed Members shall hold office until the next general election.
- If a majority of the EC resigns, the remaining members shall convene a General Body Meeting within sixty (60) days to elect a new EC. Until such new EC takes office, the outgoing EC in consultation with and agreement from the BOA will safeguard the assets and day–to-day operations of ICVC.
- Should a vacancy occur in the office of President for any reason, the Vice-President shall serve as acting President for the remainder of the term.
- If a vacancy occurs in the office of Vice-President, the President shall appoint a member from the current or a past EC to serve as acting Vice-President until the next general election.
- The process and rules to hold the election of the EC members from 2nd term and onwards shall be defined in the Association By-laws and per the Constitution.
- The EC shall select an Election Commissioner at least 30 calendar days before the date of the election and all responsibility for conducting the election.
- The Election Commissioner shall not be:
- A sitting Member of the EC in office.
- A candidate for the next election.
- A family member of a candidate for the next election.
- Any person with a conflict of interest with any of the candidates running for election.
- Election Commissioner shall be a Member of ICVC.
- Election shall be by secret ballot except when an office is uncontested.
- Nominations in writing proposed by one Member seconded by another and accepted by the candidate must be received by the Election Commissioner on or before such date as fixed by the Election Commissioner. Once the Election Commissioner verifies a nominee as eligible for the position sought, the name of the candidate shall be forwarded to the EC for inclusion in the election materials sent to the Members.
- The Election Commissioner shall have the power to set working rules, which are in accordance with the principles of Article II and Article V Section A and Section B of the constitution.
- The Election Commissioner shall conduct the election and announce the election results and names of the new EC Members as soon as possible following the vote.
- Whichever candidate receives the most votes for the position shall be declared the winner. In case of a tie the winner will be decided by a coin toss.
- Nominations, monitoring, assessment, acceptance and finalization of the candidates in an election could be conducted through traditional means like formal group meetings and paper voting, or web based, or through a non-conventional email mechanism.
- In the case of the first EC, it is conceivable that the election of the EC could get conducted through a non-conventional mean like email or other form or electronic communication that is able to reach majority of the community. In this case, the following should be adhered to:
- There is a defined list for a community. This list could consist of likely community members that attend regular community events prior to the formation of the organization.
- Any community member may nominate any number of community members.
- The process of nominating, opting out, and acceptance is determined entirely by the community.
- A minimum of 1 week is assigned to the process unless the process concludes earlier with all the primary positions filled.
- An arbitrator or a moderator is assigned to drive the process forward with the best of his/her ability.
- The arbitrator or the moderator determines reasonable amount of time for a nominee for acceptance or opting out. Reasonable amount of time will depend on how efficiently the process is conducted.
- Any position with one remaining candidate due to opt-out or having a single accepted nomination will be considered final after a reasonable amount of time had passed.
- If there is a voting situation, the arbitrator will conduct it.
- In case of a voting situation, the voting announcement will be sent three times - once at the opening of the voting period, once at the half-way mark, and one "final call" on the day before the voting period closes.
- Voting data will never be made public, though it will be collected and kept in case an audit of results is required.
- The arbitrator or the moderator will announce the final results.
- Members have to be current in membership dues to be eligible to vote.
- Eligible voters must be at least 18 years of age on the day of the election.
- The number of votes per membership depends on the membership category assuming the other requirements of this section are met
- Single Members have 1 vote
- Couple Members have 2 votes
- Family Members have as many votes as there are adults above the age of 18 years in that family.
The BOA shall consist of three (3) General Body Members with the exception of the first term where there will be only two (2). After the first year, the outgoing President will automatically join the BOA and serve for 1 term.
- No member shall serve longer than two (2) terms. The President serving as a Board of Advisers shall serve for only one (1) term.
- After the end of the 2 year term for BOA, the elected EC for upcoming term will appoint 2 new BOA within 90 days of taking office.
- If any adviser never hold any EC positions they are eligible to run for one (1) term for any of the EC positions.
- The BOA shall advise the EC as and when needed.
- The BOA shall advise on long term objectives of ICVC as and when needed.
- If there are any discrepancies or inconsistencies in the execution of ICVC’s mission and objectives, all 3 BOA will have the rights to consult with the current EC and bring in the previous EC to work side by side to complete the term. Previous President (Member at Large) will take the lead and work with 2 other BOA to streamline the process.
- After appointing a BOA the EC shall notify the General Body of this appointment.
Meetings are defined as any gathering with physical presence, conference calls or electronic medium with simultaneous presence of the EC Members. The EC by a unanimous vote shall designate the acceptable form of meetings.
All Meetings shall be conducted in accordance of the Robert's Rules of Order as revised from time to time. In case of conflicting rules in the Robert's Rules of Order the EC can designate the applicable rule by two-thirds majority of its Members. All meetings shall have a Chair, who conducts the meeting and ensures that the rules are observed and a Secretary to record what is done.General Body Meetings called by the Executive Committee:
- A General Body Meeting of ICVC shall be held at least once a year. Seven (7) calendar days notice is required to convene a general body meeting. An emergency general body meeting may be convened with two (2) calendar days notice.
- Notice shall delineate the date, time, place and agenda. Such notice shall be delivered by such means , as the EC deems appropriate.
- Quorum for the General Body Meeting shall be one-fourth of the total Membership except as designated for the Change of the Constitution or Dissolution of the ICVC.
- Any General Body Member in good standing can call a General Body Meeting with written consent of fifty (50) percent of the Membership.
- The EC must arrange the time and place of the meeting within twenty (20) days after receipt of such notice and send seven (7) days notice of such meeting to the entire general body.
- An extraordinary meeting of the EC may be called by the written petition of four (4) EC Members.
- A special and/or emergency meeting of the EC may be called by the President of ICVC as and when required.
- The Quorum in an Extraordinary EC Meeting will be eighty percent (80%) of the EC Members. The Quorum in all other EC Meetings will be a simple majority of the members of the EC.
- The President shall call for at least 1 joint meeting with the BOA and the EC per year. For this special meeting, no quorum requirements are made.
- The President shall call meetings of the EC as and when needed, by giving at least one week's notice.
- Deliberations of the EC shall be kept confidential by the EC members.
This association is formed as a charitable organization and to promote education of world cultural and literature and environmental education under Section 501(c)(3) of the IRS Code.Section A : Prohibition
No part of the net earnings of this corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not be conducted for any purposes not permitted to be conducted (a) by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.
- The ICVC shall not carry out any activities that are not permitted for any corporation enjoying the Federal Tax exempt status under Section 501 (C) (3) of the Internal Revenue Code, or provisions of present and future US laws.
- No officers of the ICVC shall use his or her office and the name of ICVC for his or her personal benefit.
- ICVC may organize social and cultural functions at the occasion of religious events but it shall not promote any religion or political party including but not limited to endorsing candidates for political office and participate in any activities, which may be contrary to the interest of ICVC, the Diverse Community, any religious group, the State of California, and the USA.
- The following persons are not eligible to hold the office of EC of ICVC
- A convicted felon
- One who is known to have committed misappropriation of funds collected from the community
- Less than 18 years of age
- Persons of known mental incapacity.
Disciplinary action can be taken against a member, an EC member and election committee member for the following reasons:
- Acting contrary to the provision of the constitution and By-laws of ICVC
- Causing division of ICVC forming an organization with the same name, Aim and Objectives of ICVC.
- Intentionally playing a negative role to create misunderstanding among the members of ICVC in order to create division.
- To get involved in activities that is harmful and detrimental to the interest of ICVC, the Diverse Community, the State of California, and the USA.
- In case of disciplinary action against a member, the EC will invite the violator for a meeting with the EC in order to discuss and resolve the issue. If that does not resolve it, the matter will be referred to a special general meeting for resolution and the general body will take appropriate action including removal of the member from the ICVC.
EC will appoint an amendment sub-committee every year consisting of at least one of the ex-presidents and 2 more members from the public. The committee must have at least two meetings of their own in the year. Interested persons of all categories may suggest amendments of the constitution to the sub-committee. They can come up with suggestions for amendment of the constitution, if and when necessary (some year there may not be any amendments, some year there can be more amendments). The sub-committee will come up with suggestions for amendment(s) of the constitution and submit it to the General Secretary in writing, in a formal way of writing of such a proposal. The General Secretary will then circulate the proposed amendment(s) in its totality, without any change, to the members and call a general meeting for the purpose with a minimum of 30 days’ notice. The amendment will then be discussed and amendment to amendment(s), if any, will first be voted by a simple majority. After the discussion and voting of any amendment(s) to amendment is done, the main amendment will be voted and a two third majority of the voting persons present in that General Association meeting will be required to pass the final amendment. General Secretary will then publish new amended constitution and put it in the web site, if any, also mentioning "as amended on and up to the date ………..".
ICVC will be dissolved if three fourth of the general members vote to dissolve it in a special general meeting called for the purpose with a 45 day notice. With the dissolution of ICVC, the EC will automatically be dissolved, but the president, general secretary and treasurer shall continue to function as the immediate and temporary caretaker for the assets and liabilities. They will then pay or make provisions for payment of all liabilities of ICVC. The remaining assets shall be distributed to one or more tax exempt organization(s) constituted within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.Please Click here to download the Constitution of ICVC.