Constitution & By-Laws
Constitution and By-Laws
of the
Illinois Association of Court Clerks
CONSTITUTION
Article I
The name of the organization shall be the Illinois Association of Court Clerks.
Article II
The object and purpose of this organization:
Section 1: To provide an opportunity for Clerks of the Circuit, Appellate and Supreme Courts of the State of Illinois to exchange information, foster cooperation and devise the means for planning and promoting programs and ideas for more effective operation of their respective offices.
Section 2: To propose legislation which will be beneficial to the said clerk and to oppose legislation which it deems detrimental to their best interest.
Section 3: To cooperate with organizations affiliated with the Illinois Association of County Officials, Administrative Office of the Illinois Courts and state agencies that deal directly or indirectly with the court system.
Article III
Membership
Section 1: Active Member: Any duly elected or appointed commissioned Clerks of the Circuit, Appellate and Supreme Courts, whose dues are current and in good standing.
Section 2: Life Members: Any Circuit Court Clerk, Appellate Court Clerk or Supreme Court Clerk who has been a member in good standing of this Association for eight years or more and is no longer holding office as Clerk. A life member shall have all the rights and privileges of an active member except that of holding office, voting, and shall be exempt from the payment of dues.
Section 3: Associate Members: Any sworn deputy clerk when recommended by his/her Circuit Clerk, Appellate Clerk, or Supreme Court Clerk. Associate members shall have all the privileges of active membership except that of holding office and voting. Dues for Associate Members shall be $10.00.
Section 4: Honorary Members: Any person, organization or company who supports this Association may apply for Honorary Membership. Honorary Membership may be granted upon recommendation of the Executive Board and submitted to the membership at any regular or specially called meeting of the general membership.
Section 5: Dues: (An Active Members dues shall be set by class). The amount of dues for each class shall be determined by a vote of the general membership at any regular meeting or any special meeting called for the purpose of determining the dues of the Association.
Section 6: CLASS OF MEMBERS: The class of membership shall be in accordance with the population of the county as set forth by the latest federal census.
Class 1. Counties of less than 14,000
Class 2. Counties of between 14,001 and 30,000
Class 3. Counties of between 30,001 and 60,000
Class 4. Counties of between 60,001 and 100,000
Class 5. Counties of between 100,001 and 200,000
Class 6. Counties of between 200,001 and 300,000
Class 7. Counties of between 300,001 and 1,000,000
Class 8. Counties over 1,000,000
Class 9. Appellate Court Clerk
Class 10. Supreme Court Clerk
Section 7: EXECUTIVE SESSION: Any member of the Association, with the support of five other Clerks, all of whom must be in good standing with the Association, may submit, no later than ten (10) business days prior to any meeting or conference a request to the President to call for an Executive Session. Such session must be included in the meeting or conference agenda and may last no more than sixty (60) minutes.
Article IV
Section 1. Each Zone Chairman shall serve on the Executive Board as a representative member.
Section 2. The officers of the Association shall be:
PRESIDENT
The President shall preside at all meetings of the Association. The President shall represent the Association in an official capacity and shall appoint all Standing Committees and Special Committees. The President may serve as an ex-officio member of all committees except the Nominating Committee.
FIRST VICE-PRESIDENT
The First Vice-President shall serve in the absence, disability, or upon the resignation of the President. The First Vice-President shall also serve as the Chairman of the Finance Committee. The First Vice-President, in conjunction with the President shall plan the fall conference.
SECOND VICE-PRESIDENT
The Second Vice-President shall serve in the absence, disability, or upon the resignation of the First Vice-President. The Second Vice-President shall be the liaison to the Legislative Committee.
TREASURER
The Treasurer shall receive, record, hold and disburse all organization funds subject to the approval of the Board; keep an accurate account of all monies received and expended; and submit the books to the incoming First Vice-President for audit within 60 days following the election of officers of the Association.
SECRETARY
The Secretary shall keep an accurate written record of all meetings of the Executive Board, the Board of Officers and the Association, receive and answer correspondence, preserve all organization papers, and notify members of their elections.
ARTICLE V
Only an active member, *in good standing, of this Association may be elected as an officer of this Association. Associate members, *in good standing, may hold appointed positions of the Executive Board.
The officers of the Association shall serve for a one-year term. They may succeed themselves for an additional one-year term upon a 2/3 vote of those present and voting. If any officer should fail to receive the required 2/3 vote for a second term, a vacancy shall be declared and nominations shall be received from the floor followed by an immediate vote.
All officers are to be elected and take office at the Illinois Association of County Officials mid-winter meeting or at the fall meeting of the Illinois Association of Court Clerks. Vacancies in individual offices will be handled in accordance with these By-laws. Officers shall serve until a successor is elected.
VACANCIES: When a vacancy occurs in the office of President, the First Vice-President shall advance to President for the remainder of that term. When a vacancy occurs in the office of First Vice-President, the Second Vice-President shall advance to First Vice-President for the remainder of that term. If a vacancy occurs in the office of the Second Vice-President, Treasurer or Secretary, an acting Second Vice-President, Treasurer, or Secretary shall be appointed by the President, with the advice and consent of the Executive Board, until the next general meeting of the membership or a special meeting called for the purpose of filling the vacancy in the aforementioned positions. Consideration shall be given for representation from the Zone in which the vacancy occurred. If a vacancy occurs in the office of Immediate Past President, then the person who is the most recent Past President and is still an active member of the Association, *in good standing, shall assume this position.
Article VI
The committee structure shall be as follows:
Section 1. BOARD OF OFFICERS shall consist of the duly elected officers of the Association and the Immediate Past President.
Section 2. EXECUTIVE BOARD shall consist of the members of the Board of Officers, Chairmen of the Standing Committees, Zone Chairmen and those persons who from time to time may be designated by the President of the Board of Officers.
Section 3. STANDING COMMITTEES appointed by the President, shall be as follows:
FINANCE/AUDIT COMMITTEE
The Finance/Audit Committee shall consist of the First Vice-President, the Treasurer and a representative from each Zone (other than the Zone Chairman). The First Vice-President shall serve as Chairman of the Finance Committee. The committee shall meet not less than annually.
Finance Committee responsibilities: The Finance Committee shall create a budget, oversee the financial aspect of the Association and cause the books to be audited annually.
The Finance Committee shall oversee the administration, collection, and disbursement of the financial resources of the association. They will also oversee the preparation of the annual budget and financial statements and advise the board with respect to making significant financial decisions.
Audit Committee responsibilities: The Audit Committee is authorized to consider matters related to (a) the financial statements of the organization and other official financial information provided to the Association members; (b) the system of internal controls, including overseeing compliance by Association officers with applicable policies and procedures and risk management and (c) whether the Association will require an annual internal audit or external audit, review or compilation and if any external independent certified public accountants are required this will include recommending the engagement of and receiving of all the reports from them.
The audit shall be performed by April 1 of each year and submitted to the Board of Officers prior to the mid-winter meeting of the IACO.
LEGISLATIVE COMMITTEE
The Legislative Committee shall consist of a Chairman, who shall be appointed by the President, and two members from each Zone, which shall include the Zone Chairman and one other person.
The Legislative Committee shall monitor all legislation that affects the Court Clerk. Legislative matters shall be presented to the Executive Board for their consideration.
OVERSIGHT BOARD FOR CONTINUING EDUCATION (THIS COMMITTEE WAS FORMERLY KNOWN AS THE ADMINISTRATIVE OFFICE OF THE ILLINOIS COURTS COMMITTEE AND EDUCATION COMMITTEE).
Board Composition: The Board shall be composed of no less than one, but no more than two, representative(s) from the Administrative Office of the Illinois Courts; Five circuit clerks, representing each of the five zones, which includes the President of the Illinois Association of Court Clerks, who is elected annually. The President will represent his/her zone and, shall appoint one clerk from each of the remaining four zones.
The Committee shall work closely with the President and shall meet quarterly. If the President of the Illinois Association of Court Clerks is unable to attend a meeting of the Board, the Vice-President of the Association should attend on the President’s behalf.
This Committee shall develop a working relationship with the AOIC on issues relative to the Court Clerks throughout the State. The Committee shall keep the membership informed on all matters of importance from the AOIC.
This Committee shall prepare topics of interest for each meeting and present such to the Executive Board, with notice of each seminar being mailed to the Secretary of the Association at least 10 days prior to each Association meeting. (See Attachment A)
NOMINATING COMMITTEE
The Nominating Committee shall nominate persons to fill vacancies. The Committee shall be chaired by the Immediate Past President and membership shall consist of a representative from each Zone other than the Zone Chairman. The Nominating Committee shall receive recommendations from the Zones regarding nominations for the Board of Officers.
Article VII
Section 1. AMENDMENTS: The By-Laws of the Association may be amended by a 2/3 vote of members present and entitled to vote at any regular conference. Proposed amendments to the By-Laws shall be placed in the hands of the Secretary not less than 30 days before the regular conference, said proposed amendments to be in writing. The Secretary shall have the proposed amendments printed or otherwise duplicated and disseminate a copy to each eligible member when he/she sends out notices of the regular conference. If an electronic means is used to disseminate the amendments to the membership, a verification of receipt shall be obtained.
Article VIII
Quorum
Section 1. A simple majority of those members present and in good standing shall constitute a quorum.
Section 2. A simple majority of the members of the Board of Officers/Executive Board must be present to transact business.
Article IX
Parliamentary Authority
Robert’s Rules of Order shall be the final authority on all questions of procedure and parliamentary law not covered by the Constitution or By-Laws.
* Definition of "In Good Standing": For clerks in office more than two years: Dues must be current for two years. For clerks in office less than two years: Dues must be current for the current year.
Last revised: September 15, 2004
Last revised: May 2, 2006
Last revised: September 19, 2012
ATTACHMENT A
OPERATING PROCEDURES OF THE OVERSIGHT BOARD FOR CONTINUING
EDUCATION OF THE ILLINOIS ASSOCIATION OF COURT CLERKS
An Oversight Board for Continuing Education (Board) was created in July 1996 by the Illinois Association of Court Clerks to further continuing education for circuit clerks in Illinois. The Board consists of members of the Illinois Association of Court Clerks, representatives from the Administrative Office of the Illinois Courts, and a representative from the Illinois Law Enforcement Training and Standards Board.
Following are procedures which the Board has adopted to govern its administration.
1. Purpose: The primary purpose of the Board shall be to provide educational programs for Illinois circuit clerks. This responsibility includes assessment of educational needs, program design, planning and execution of seminars, the continuing evaluation of such programs, and granting certificates of attendance to circuit clerks who have attended such programs.
2. Board Composition: The Board shall be composed of no less than one, but no more than two, representative(s) from the Administrative Office of the Illinois Courts; Five circuit clerks, representing each of the five zones, which includes the President of the Illinois Association of Court Clerks, who is elected annually. The President will represent his/her zone and shall appoint one clerk from each of the remaining four zones. If the President of the Illinois Association of Court Clerks is unable to attend a meeting of the Board, the Vice-President of the Association should attend on the President’s behalf.
3. Terms of Members: Representatives from the Administrative Office of the Illinois Courts and the Illinois Law Enforcement Training and Standards Board shall serve indefinite terms. Four circuit clerks appointed by the President of the Illinois Association of Court Clerks shall serve staggered terms of one year, two years, and two clerks shall serve three years, respectively, which shall begin on January 1 of the year they are appointed and ending on December 31 of the year such term expires.
4. Election and Duties of Officers: The January meeting each year shall be designated as the Board's annual meeting at which time the Board shall elect a chairperson who shall be a circuit clerk. A vice chairperson and a secretary shall be elected from among the Board's members. The officers shall hold office for one year and until their respective successors are elected. The outgoing chairperson shall preside at this meeting until his or her successor is elected, regardless of whether his or her term as a member under section 3 has expired.
The chairperson shall have the following duties and responsibilities:
a. preside at all board meetings;
b. approve an agenda for each board meeting;
c. call regular or special board meetings under Section 5. The vice chairperson shall act as chairperson when the chairperson is absent or unable to act.
The secretary shall have the following duties and responsibilities:
a. keep minutes of the meetings and send copies thereof to the members promptly after each meeting;
b. mail to the members not later than two weeks before each meeting notice of the time and place of the meeting, the agenda for the meeting, and available reports and other material with respect to matters that may be considered at the meeting.
5. Frequency of Meetings: Regular meetings of the Board shall be held on call of the chairperson at such times and places as he or she shall select.
Special meetings of the Board may be called at any time by the chairperson or any two members of the Board.
6. Quorum: The presence of five members at a board meeting shall constitute a quorum for the transaction of business of the Board.
7. Parliamentary procedure shall be governed by Robert's Rules of Order.
ATTACHMENT A - REVISED: September 19, 2012
