Constitution And By-Laws Of The New Kru Town Association in Americas (NEKTAA) Initial Adoption August 19,2006 Amended August 24,2013 Committee Members Sarwee Kofa-Chairman Gabriel Daniels-Member Edwin Dennis-Member K.Advertus Karpeh-Member Donyen Kofa-Member Bartee Togba-Member Daniel D. Twegby 11-Secretary General
1 PREAMBLE Whereas, we, as former residents of the Borough of New Kru Town in the Republic of Liberia, who are currently residing in the Americas, having realized the need to develop and maintain a cohesive functional group, desirous of promoting understanding, unity, and mutual care for one another, and the improvement of socio-economic conditions of the people of the Borough of New Kru Town, do hereby resolve to organize ourselves into this body through the establishment of this constitution and Bylaws for the governance of our group. ARTICLE I NAME AND MOTTO The name of this association shall be known as the New Kru Town Association in the Americas, hereinafter referred to as the "Association" or "NEKTAA." I The Motto of NEKTAA shall be: "We Are One." ARTICLE II NATURE OF THE ASSOCIATION The association is a non-for profits one and shall function under the not-for-profit laws of the United States of America through the ideals and principles of democracy and religious tolerance. ARTICLE III AIMS AND OBJECTIVES The aims and objectives of the association (NEKTAA) shall be; (A) To encourage and develop cooperation amongst the current and between the former residents of the Borough of Kru Town residing in the Americas. (B) To encourage, promote, and provide educational opportunities and fora for the exchange of information regarding developmental initiatives in the Borough of New Kru Town, Liberia. 1
(C) To cooperate with o t h e r national, regional and o t h e r associations and professional organizations who share similar objectives in the welfare and interest of the people of the Republic of Liberia and New Kru Town in particular. ARTICLE IV MEMBERSHIP -Categories of Members Membership of NEKTA shall be restricted to individuals 18 year-old or above and be categorized as follows: (A) (B) (C) Active Member Associate Member Honorary Member I -Membership Rights and Privileges Active Member: (A) Shall be a n y resident in the Americas, who must have resided in the Borough Of New Kru Town, attended school or maintained a business interest and who also have an ancestral or kinship link with the borough of New Kru Town. (B) Shall have the right to participate in meetings, vote, and hold office in NEKTAA. (C) Shall be a registered and due paying member Associate Member: (D)This shall be members who affiliate with the association. (E)Associate members shall not have the right to vote nor hold office in NEKTAA. (F)Associate member shall participate in NEKTAA by invitation of the membership, leadership and his/her desire interest has shall be consistent with the principals and objectives of NEKTAA. Honorary Member: (G)Shall be conferred upon distinguished personalities, and other individuals and organizations/associations that have contributed to the welfare and advancement of the objectives of the association and the Borough of New K.ru Town. (H) Shall not have the right to vote and hold office in NEKTAA. (I)Shall participate in NEKTAA by invitation of the membership, leadership, and 2
3 His/her desire interest has shall be consistent with the principals and objectives of NEKTAA. (J) Policy and guidelines on the conferrer of Honorary membership shall be develop by the Executive Committee and approve by the board ARTICLE V GOVERNING STRUCTURE OF THE ASSOCIATION a) The governing structure of the association shall consist of the Annual National Convention, the Board of Directors, and the Executive Committee. I A) The National Convention shall be the highest decision making body of the association. (B) The Convention shall review and approve all policies, programs, and reports of the National Executive Committee and Board of Directors. (C) The National Convention shall elect all national officers. (D) The National Convention shall have impeachment powers as herein provided in this constitution. (E) The National Convention shall be held on the third weekend of August from of every year. (F) The Convention shall be presided over by a conference bureau to be elected by delegates to the Convention. The election of the Conference Bureau shall be the first order of business. (G) The Conference Bureau shall be composed of a chairman, vice chairman, secretary, and parliamentarian. (H) All decisions of the Convention shall be decided by a simple majority of the 3
Membership present. (I) The Conference Bureau shall retire at the end of Convention and turn over all documents to the secretary. (J) The National Convention shall approve the annual operational budget of the association. II Board of Directors (A) The Board of Directors shall comprise five elected directors in addition to the President. The president shall not have voting right on the board. (B) The Board of Directors shall have oversight and supervisory responsibilities over the Executive Committee. (C) All appointments of standing committee members and chair shall be approved by the board. (D) The president shall in consultation with the board constitute Ad-Hoc Committees and personal to perform specific duties that are not defined by this constitution. (E) The chairman of the board shall be signatory to all the association bank Account. V THE EXECUTIVE COMMITTEE (A) Shall comprise of seven (7) elected officers: President, Vice President, Secretary-General, Assistant Secretary-General, Treasurer, Financial secretary and Chaplain. (B) Shall be headed by the President who shall conduct the administrative affairs of the Association. (C) Present annual programs of action, including the fiscal year budget, covering expenditures and incomes and other reports to the Annual National Convention for approval. (D) Receive and review all reports from all standing committees except those of the board and National Convention. (E) The Executive Committee shall be responsible for the faithful execution of the day to day administrative operation of the Association in consultation with the 4
5 Board. (F) It shall through the President and/or officer designate, represent the Association at any administrative, legal, cultural, social, or educational forum. (G) The executive Committee through the President shall quarterly report on the general state of affairs of the Association. This report shall be made in a written form no later ten days prior to the meeting. ARTICLE VI DUTIES AND RESPONSIBILITIES OF OFFICERS President (A) The President shall be the Chief Executive and Principal Administrative Officer of the association. (B) He shall preside over all regular and called meetings of the association. (C) He shall be one of the signatories to the association's financial account. (D) He shall make an annual written report of the association's achievements and shortcomings, including a comprehensive financial report to the plenary during the annual conference/convention of the association. (E) He shall be the Chairman and preside over all proceeding of the executive committee except as he shall otherwise decide consistence with the constitution. (F) He shall have the authority to appoint all Committee Heads with the advice and consent of the Board. (G) He shall be responsible for the effective and efficient running of the day to day affairs of the association. (H) He shall be the Chief Spokesperson of the association and shall in consultation with the corps of officers convene regular and called meetings. (I) He shall perform all other functions has herein stated in the constitution. 5
I VICE PRESIDENT (A) The Vice President shall be the principal deputy to the president. (B) He shall carry out the duties as stipulated in Article VII Section I (a-h) of this Constitution during the absence and or inability of the president. (C) He shall perform all other duties as may be assigned by the president consistence with the constitution. (D) The vice president shall assume the responsibilities of the president in the Events of death, resignation, or impeachment. II SECRETARY GENERAL (A) The Secretary General shall be responsible for the proper upkeep of records of All proceedings and documentation of the organization including meetings. (B) He shall inform members about general and call meetings/teleconferences through e-mails or written citations, or phone calls and text. (C) He shall coordinate the affairs of all standing and Ad-hoc committees as well As other functionary of association. V ASSISTANT GENERAL SECRETARY The Assistant Secretary General shall assist the Secretary General and exercise the Duties of secretary general in his/her absence. SECTIONV TREASURER (A) The Treasurer shall coordinate all financial transactions of the Association With strict adherence to generally accepted accounting principles (GAAP). (B) He shall keep detailed account of income, expenditures and reconcile bank and other financial statements of the Association. (C) He shall be responsible for handling the collection and all payment of dues, contributions/donations, and other income of the Association. (D) He shall act as coordinator of all fund raising activities and be one of the signatories to the Association's account, and he/she shall also be one of the signatories for the withdrawal and disbursement of funds. 6
7 (E) He shall keep the membership informed through a quarterly report of the Association's financial status. SECTION VI FINANCIAL SECRETARY (A) The Financial Secretary shall serve as chief custodian of all financial records of the association. Such records shall include but not limited to the payment of dues, financial obligations of members, and income and expenditures ofthe association. (B) He shall make a quarterly report of the financial status of the association. He shall also make report in general and call meeting if and when require by the president. (C) He shall represent a financial report to the board if and when require. (D)The financial secretary shall be a signatory to the organization bank account. SECTION VII CHAPLAIN The Chaplain shall perform and coordinate all religious activities of the Association. ARTICLE VII BOARD OF DIRECTORS (A) The Board of Directors shall be the policy making arm of the Association. (B) It shall have the power to approve or disapprove all standing committee chairpersons appointed by the President. (C) It shall have oversight responsibilities over the Executive Committee. (D) It shall determine the rules of its proceedings, establish its leadership, and discipline its members. (E) With the exception of the President of NEKTAA, who shall serve as a member of the Board at all times, member of the Board shall serve for a term of two years, 7
Beginning with the 2014 Annual Reunion elections. (F) The board shall have no term limit. (G) All members of the board shall at all-time be in good financial standing as defined here in this constitution. ARTICLE VIII COMMITTEES (A)The Association shall function through four standing committees and a number of Ad-Hoc committees as may be appointed by the President with the advice and consent of the board. (B) The heads of standing committees and their members shall be appointed by the president. (C) Decisions of the standing committees and ad hoc committees shall be reached by a simple majority of its members. I Standing Committees The standing committees shall include: (A) Ways, Means and Finance Committee (B) Planning, Social and Resource Committee (C) Membership and Recruitment Committee (D) Election Committee ARTICLE IX DUTIES REPONSBILITIES OF COMMITTEES I WAYS, MEANS AND FINANCE COMMITTEE 8
This Committee shall be responsible for strategic planning and or drafting of the fiscal budget of the Association which shall include but not limited to specific fund raising activities. II PLANNING, SOCIAL AND RESOURCE COMMITTEE (A) This Committee shall implement all programs and activities of the Association as they relate to the Association's social, educational and cultural objectives. (B) It shall advise the president and or executive committee on strategies that would identify and encourage potential members to play meaningful role in the advancement of the objectives of the Association. V MEMBERSHIP AND RECRUITMENT COMMITTEE (A) The Membership and Recruitment Committee shall be responsible for the encouragement and recruitment of members into the Association. They shall be responsible for compilation and processing of all membership information. (B) The Membership and Recruitment Committee shall be responsible for the conduct of members so as to ensure the peace and tranquility of the association. (C) It shall recommend requisite disciplinary measures to be instituted against member(s) 9 SECTIONV ELECTION COMMITTEE (A)The Election Committee shall have the authority to establish rules and regulations and/or guidelines governing the conduct elections. (B)Said guidelines are subject to the approval by a simple majority of meeting attending a general meeting. (C) The Election Committee shall conduct all elections except those relating to Positions within the Board, such as Chairman of the Board, Secretary of the Board, etc. (D) Members of the election committee will serve for a three years period and may be remove for a cause. The election guidelines must be published 3 months before the election. (E) 9
ARTICLE X ELECTION OF OFFICERS Officers of the Association shall be elected at the annual convention of the Association. I (A) Officers of the Board and shall be elected for a term of three years beginning with the 2014 Convention. (B) Members of the Executive shall be elected for a term of two years. (C)No executive committee member may serve more than two consecutive terms. (D) An officer may serve three or more terms, provided no three terms are consecutive. (E) Special Elections shall be conducted as necessary to fill vacancies created on the Board or the Executive Committee due to resignations, impeachments, etc for those position that don't have succession clause at otherwise not provided in this constitution. (F) There shall be no two members of the nucleus (father, mother family to be Elected to the board or the executive committee. II All elections shall be conducted through a secret ballot system which shall be Conducted by the Elections Committee. ARTICLE XI MEETINGS (A)There shall be a general meeting of the association once every month. (B) Additional meetings may be called by the president if deemed necessary. (C)Fifteen active members of the association, by their signatures presented to the board, may cause a general meeting to be called, to address any particular concerns. Said meeting shall be convened within two weeks upon the presentation to the 10
11 Board of the written petition. (D) Five days. I Annual Convention: There shall be an annual convention shall be held the third weekend of August of each year to review and plan strategies for the implementation of the Association's objectives. SECTION DI Quorum: A quorum at a general meeting shall constitute at least ten (10) active members. V Decision Making: Unless indicated otherwise within this Constitution, decision making at all meetings/teleconference including convention of the Association shall be made by simple majority of the active members present. Only active members can vote at all meetings/teleconferences. ARTICLE XII BANKING A bank account(s) shall be opened in the name of the association at a recognized bank operating in the United States. The chairman of the board, President, Treasurer, and financial Secretary shall be signatories to the account. The signatures of the financial secretary and the treasurer shall be requiring for all withdrawal. In the event that neither of them is available the president or the chairman of the board shall serve as alternate to the absent party. Any two (Treasure & Financial secretary) of the four signatories must be required on all the association's vouchers, checks and withdrawal slip(s) to be valid. All deposit must be made within 72 hours after the event. ARTICLE XIII MEMBERSHIP DUES (A) A monthly membership donation of five dollars shall be required of all registered members of the association payable the last business day of the month. 11
(B) Any member delinquent for three months or more in meeting dues shall be suspended from the Association. (C) A written notice shall be served to any member delinquent for two months in membership dues. ARTICLE XIV EXPULSION A member or officer shall be expelled from the association only after being Investigated by the Membership Committee or such Ad-Hoc committee set up by the President with the advice and consent of the Board of Directors. I Cause of expulsion of a member shall include but not limited to the following; (A) Guilty of grave or repeated disorderly conduct at the association's gathering. (B) Guilty of hostile, aggressive, physical and verbal abuse against the association or any member(s) of the association. (C) Guilty of acts of inconsistent with the ideals and aspirations of the association and detrimental to its image and existence. (D) Guilty of repeated dishonesty, such as fraud, theft, vandalism, etc. are all good causes for an expulsion of a member. (E) Any member who is in violation of any of the above provisions shall be held accountable in the event a policy is absent. Upon the coming into force of this constitution the Executive Committee shall within ninety days (90) formulate a policy for the mechanics on the proceeding regarding expulsion. II An expelled member may seek membership by re-applying to the association after Three months and must prove or demonstrate acceptable behavior during the three month period and readmission is not automatic. 12
ARTICLE XV ARTICLE XVI 13
13 IMPEACHMENT (A)The power of impeachment shall lie solely with two third votes of the general membership present at a special meeting called by the Board. (B) All elected officers of the association shall be subject to impeachment. (C) Reason(s) for impeachment shall include, but not be limited to, poor leadership, negligent about responsibilities, excessive absenteeism, embezzlement, sowing seeds of discord. (D) A member's shall recuse themselves from the proceeding if they are the Subject of impeachment. I Impeachment proceeding against any official shall be initiated by the submission Of a petition to the Board of Directors. Such petition shall carry the signatures of not less than fifteen active members of the association. II The Board of Directors shall investigate the impeachable allegation(s) and determine whether such acts warrant impeachment. ARTICLE XVII VACANCY In the event a position on the Board or the Executive Committee becomes vacant Due to resignation, impeachment, etc., the Election Committee shall hold by Election for said position at the next convention. (A)The president in consultation with the Executive Committee shall appoint a nominee for the vacant position and submit said name to the Board of Directors for approval. ARTICLE XVIII AMENDMENTS (A)This Constitution and Bylaws shall be amended by two-third votes of the 13
Delegates present at the Annual Convention during the time of the passage of the amendment.. (B) The notice for amendments to the Constitution shall be served at least one month in advance to the general body prior to attending the convention, and shall detail the specific parts proposed to be amended. ARTICLE XIX DEFINITIONS Excessive absenteeism as used in this Constitution and Bylaws shall mean absence from meetings/teleconferences and other activities of the association without valid excuse(s) for three consecutive months. I: Disorderly conduct shall constitute all acts and behavior of a member which tend to create discord, misunderstanding, disrespect, profanity, unwarranted arguments and disruptions at the association's gathering. ARTICLE XX This constitution, as amended shall constitute the supreme organic law of the New Kru Town Association in Americas. I All other policies laws and regulations prior into coming into force of this amended Constitution, to the extent of their consistency to the constitution, shall remain in force and binding on all NEKTAA members. II All other policies laws and regulations prior into coming into force of this amended Constitution, to the extent of their consistency to the constitution, shall be legally binding on all NEKTAA members. V This constitution, as amended shall come into force after passage. However, all other transitional and administrative processes that will affect the smooth and 14
15 Orderly transition of the organization shall be completed with the period of thirty (30) Days after its passage. ADOPTED ON THIS 24 DAY OF AUGUST, A.D. 2013, IN THE CITY OF CHARLOTTE, NORTH CAROLINA, UNITED STATES OF AMERICA. SIGNED: Sarwee Kofa Chairman Gabriel Daniels Member Edwin Dennis Member Advertus Karpeh Member Donyen Kofa Member Bartee Togba Member Daniel D.Twegby II Secretary General 15