Bylaws
Article I.
Name
The name of this association shall be the Nebraska Association of Legal Assistants (“NeALA”). NeALA shall be affiliated with the National Association of Legal Assistants, Inc. (“NALA”).
Article II.
Objects and Purposes
The objects and purposes of NeALA are:
- To establish good fellowship among NeALA members, NALA and members of the legal community;
- To encourage a high order of ethical and professional attainment;
- To further education among members of the profession;
- To support and carry out the programs, purposes, aims and goals of NALA;
- To promote the profession of the legal assistant in this state and to cooperate with organized bar associations, or any judiciary or legislative branch in the state, regarding training, employment and regulation or nonregulation of legal assistants in this state; and
- To provide opportunity for the advancement, furtherance and exchange of education, experience, opinions and information for the development and improvement of the professional skills of the members of NeALA and the public through discussion, study, seminars and publications.
Article III.
Policy
NeALA shall be nonsectarian, nonpartisan, nonprofit and nonunion. No actions or programs may be initiated or undertaken (now or in the future) in conflict with the Bylaws of NALA or with the policies of NALA.
Article IV.
Educational Requirements
It is required that NeALA hold a minimum of four educational events or a total of ten (10) hours of education during each fiscal year in order to maintain affiliation with NALA. These programs may be held in connection with a regular meeting of the membership.
Article V.
Application for Membership
Application for membership shall be submitted on the form approved by NeALA’s membership. The forms should clearly state that NeALA is an affiliated association of NALA and that all members are bound by the NALA Code of Ethics and Professional Responsibility in addition to any code adopted by NeALA. Approval of membership shall be in accordance with Standing Rules adopted by NeALA.
Article VI.
Membership
Membership in NeALA shall be open to legal assistants, students in legal assistant programs, attorneys or paralegal educators and any individual or firm which endorses the legal assistant concept or is involved in the promotion of the legal assistant profession, based on requirements approved by NeALA members.
Section 1. Categories. Membership categories include active, associate, student, honorary and sustaining. The qualifications for each membership category are set forth in the Standing Rules adopted by NeALA.
Section 2. Meetings. NeALA shall meet at least semiannually as set forth in the Standing Rules adopted by NeALA, which meetings may include attendance at NeALA sponsored seminars or workshops.
Section 2.1. Annual Meeting. The annual meeting shall be held in September for the purpose of electing Officers and Directors, hearing reports of Officers and Chairpersons, electing a NALA Liaison and adopting a budget for the ensuing fiscal year. Notice of annual meeting shall be in writing to all members of record at least thirty (30) days prior to the meeting. Notice will also contain the slate of Officers.
Section 2.2. Special Meeting. Special meetings may be called by the President or 10% of the active members of NeALA upon fifteen (15) days’ written notice to all members of record.
Section 2.3. Quorum. One fourth (¼) of the voting membership of NeALA shall constitute a quorum. In the event of a vote of dissolution, a quorum shall consist of two-thirds (2/3) of the voting members of NeALA.
Article VII.
Dues and Assessments
The dues of NeALA are due August 1 of each year and delinquent October 1. Dues shall not be prorated.
Article VIII.
Officers
All active members meeting the criteria stated in the Standing Rules adopted by NeALA are entitled to hold office in NeALA. For a brief description of the duties of the Officers of NeALA, see Article XII of these Bylaws.
Section 1. Elected Officers. The elected officers shall be the President, President-Elect, Vice President, Secretary, Treasurer and NALA Liaison.
Section 2. Appointed Officers. The appointed officers shall be the Parliamentarian, the Official Publications Editor, the Website Administrator and any other officer as necessary to carry on the business of NeALA.
Section 3. Past President. The immediate Past President is an officer of NeALA.
Section 4. NALA Notification. Names of newly elected or appointed officers shall be submitted to NALA headquarters and the Affiliated Associations Director at least thirty (30) days after election and/or appointment by the NALA Liaison.
Section 5. Vacancies in Offices. Unexpired terms of office shall be filled by appointment by the President, subject to approval by the Board of Directors.
Article IX.
Board of Directors
The Board of Directors shall handle the regular business of NeALA, approve and ratify actions by the Executive Committee, approve Bylaws and Amendments thereto, approve membership applications and act as the governing Board of NeALA.
Section 1. Members. The Board of Directors of NeALA shall consist of the elected Officers, the appointed Officers, the immediate Past President and a Director elected or appointed from each district of this state. An Officer may also fulfill the duties of a Director.
Section 2. Purpose. The Board of Directors shall act as the governing body of NeALA and exercise such powers as may be exercised and performed by a nonprofit organization.
Section 3. Meetings. The Board of Directors shall meet on at least a quarterly basis, the date, time and place of the meeting to be determined by the President or the Board of Directors. The meetings of the Board are open meetings, and members may attend, participate in discussions and make motions. However, only members of the Board may vote at the meetings.
Section 4. Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any regular or special meeting of the Board of Directors. Each Officer and Director has one (1) vote regardless of the number of offices held. The composition of a quorum shall not include vacant Board positions.
Section 5. Vacancies. In the event of a vacancy on the Board of Directors, such vacancy shall be filled immediately by appointment by the President, subject to approval by the Board of Directors.
Article X.
Executive Committee
The Executive Committee shall be for the purpose of handling interim or emergency matters until ratification by the Board of Directors, and it may make recommendations after study and discussion on any matter to the Board of Directors or to the membership in general.
Section 1. Members. The Executive Committee of NeALA shall consist of the elected Officers and the immediate Past President.
Section 2. Meetings. The Executive Committee meetings may be held at such times and places as called by the President, with at least twenty-four (24) hours’ verbal or written notice by the Secretary of NeALA.
Section 3. Quorum. A majority of the Executive Committee shall constitute a quorum for the transaction of business.
Article XI.
Committees
Section 1. Standing Committees. The Standing Committees of NeALA shall include the following: Audit, Continuing Legal Education, Library, Membership, Nominations and Elections, Official Publication and Website.
Section 2. Special Committees. The Special Committees of NeALA may include, but are not limited to, the following: Employment Referral, Scholarship, Student Membership and Public Relations.
Section 3. Authority. Unless specifically so authorized by appropriate resolution of the Board of Directors, no Standing or Special Committee shall preempt the stated authority and function of any Officer of NeALA. No Standing or Special Committee shall represent NeALA or hold itself out as being vested with any authority without the specific authorization of the Board of Directors. No such committee shall likewise incur any financial obligation or enter into any contract for NeALA without the prior specific authorization of the Board of Directors thereof.
Article XII.
Duties of Officers and Directors
Section 1. President. The President shall preside over all Member, Board of Directors and Executive Committee meetings. The President shall appoint a Parliamentarian, an Official Publications Editor, a Website Administrator and Standing and Special Committee Chairpersons as provided in these Bylaws. The President shall be an ex officio (nonvoting) member of all committees except the Committee on Nominations and Elections.
Section 2. President-elect. The President-elect shall preside and shall assume all duties assigned to the President in the President’s absence. This Officer shall perform such duties as are assigned to members by the President and shall assist the President with the day-to-day operations of NeALA. This Officer shall automatically be Chairperson of the Continuing Legal Education Committee.
Section 3. Vice President. The Vice President shall automatically be Chairperson of the Membership Committee. This Officer shall receive applications for membership and present names of applicants for acceptance or rejection.
Section 4. Secretary. The Secretary shall be responsible for minutes of all meetings and for keeping permanent minutes. This Officer shall assist the President in any way, including giving notice of meetings. NeALA minutes of any meeting shall be available to the NALA President upon request.
Section 5. Treasurer. The Treasurer shall deposit all funds and make all disbursements, subject to approval of the Board of Directors and as provided in the budget. The Treasurer shall prepare a budget for the ensuing fiscal year, which shall be adopted by the membership at the annual meeting. The budget shall be submitted to the Board of Directors prior to presentation at the annual meeting. The Treasurer shall be bonded (premium paid by NeALA). This Officer shall submit a written financial report at each meeting of the membership and of the Board of Directors, to be attached to official minutes as part of the permanent record. The Treasurer is also responsible for keeping a current roster of membership and reporting the membership annually to NALA with the renewal fee for continued affiliation with NALA.
Section 6. NALA Liaison. This Officer shall be a NALA member, shall be familiar with NALA Bylaws and Standing Rules, shall receive minutes of all NALA meetings and shall represent NeALA at the NALA annual meeting of affiliated associations. This Officer shall report quarterly on NeALA activities to the NALA affiliated Associations Director on forms provided by NALA headquarters and shall report all Officers’ names to NALA headquarters and the NALA affiliated Associations Director.
This Officer shall submit items NeALA wishes discussed to the NALA affiliated Associations Director and shall participate in discussion sessions at NALA annual meetings. NALA Liaison is required to report to NeALA members on the NALA annual meeting.
This Officer shall, within sixty (60) days of passage, notify the NALA Parliamentarian and Affiliated Associations Director of any changes in NeALA’s Bylaws. This Officer shall be the main contact between NALA and NeALA. This Officer shall be a member of the governing body of NeALA.
Section 7. Parliamentarian. The Parliamentarian shall attend all meetings and give opinions on parliamentary procedures upon request of the President. This Officer shall (i) be familiar with NeALA Bylaws and NALA Bylaws, (ii) receive all proposed Bylaw amendments and (iii) prepare Standing Rules and amendments to Standing Rules and Bylaws upon request of the Executive Committee. This Officer shall automatically be Chairperson of the Student Membership Committee.
Section 8. Official Publication Editor. This Officer is responsible for the publication of the official bulletin or newsletter on a quarterly basis.
Section 9. Past President. The immediate Past President of NeALA shall serve in an advisory capacity to the President and shall be a member of the Board of Directors and Executive Committee.
Section 10. District Director. One Director is elected as a representative from each established district in the State and shall serve as a voting member of the Board of Directors. Directors are responsible for representation of the other members in that district and may be called upon for assistance in handling meeting arrangements or programs in that district and in promoting membership in that district. This Officer, for each respective District, shall be chairperson of the related District Director Committee.
Section 11. Website Administrator. This appointed Officer is responsible for administering, maintaining and updating NeALA’s official website.
Article XIII.
Personal Liability
An Officer, Director or member shall have no personal liability for any claims or damage that may result from acts in the discharge of any duty imposed or exercise of any power conferred upon such Officer or Director by NeALA if, in good faith, such Officer or Director shall have acted with ordinary care and prudence or alternatively shall have relied upon the opinion of an attorney, accountant or other professional consultant of NeALA.
Article XIV.
Fiscal Year
The fiscal year of NeALA shall be from October 1 to September 30.
Article XV.
Code of Ethics
Every member of NeALA shall subscribe to and be bound by the Code of Ethics and Professional Responsibility of NALA and any other code so adopted by the membership of NeALA. Violations of the NALA Code shall be grounds for immediate dismissal from membership and/or removal from office. The Executive Committee of NeALA shall investigate all such charges and shall report the results of all investigations to the President of NeALA. If charges are found to be valid, the Executive Committee of NeALA shall recommend dismissal to the Board of Directors for action. Action by the Board of Directors of NeALA must be ratified by the membership. Within sixty (60) days of dismissal, the member may appeal to the NALA Ethics Chairperson, who will make recommendations to the NALA Board of Directors. The NALA Board of Directors shall be the final authority for determination of appeal.
Any and all ethical misconduct or appearances of ethical misconduct shall be reported to the President and the Executive Committee.
Article XVI.
Amendments to Bylaws
These Bylaws may be amended by presenting such proposed amendments (not in conflict with NALA Bylaws) to the Parliamentarian, who shall prepare and submit such proposed amendment in accordance with the Standing Rules adopted by NeALA. The NALA Parliamentarian must be advised of any amendments within sixty (60) days of passage.
Article XVII.
Dissolution
In the event of dissolution of NeALA, all property and assets shall be distributed to a nonprofit charitable organization as defined by the Internal Revenue Code, to be selected by a majority vote of the remaining members of NeALA, notice having been given to members of NeALA and the NALA affiliated Associations Director at least fifteen (15) days prior to the meeting. In no event shall any of such property and assets be distributed to any member or private individual. Upon dissolution, consideration should be given to distribution of assets for scholarships to ABA accredited paralegal programs in this State.
Article XVIII.
Retention of Affiliation
Affiliation with NALA is renewable each year by payment of an affiliation fee attached to a current membership roster and annual affirmation by the voting membership of NeALA. In the event of suspension of affiliation, NeALA may reaffiliate with NALA by submitting a new application with membership roster, Bylaws, sample of educational programs, petition and current initial fee.
In addition to the renewal fee, NeALA must comply with the required reports and requested procedures as outlined in these Bylaws.
The annual renewal fee is payable on October 1 and delinquent on November 1. Payment received after the due date must be accompanied by a late fee penalty established by NALA.
Article XIX.
Parlimentary Authority
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern NeALA in all cases to which they are applicable and in which they are not inconsistent with these Bylaws and any special rules or orders NeALA may adopt.
ADOPTED as the Bylaws of NeALA this 28th day of April, 1994, as amended on the 16th day of September, 1999, and as amended further on September 21, 2006.