By-Laws of the Illinois Association of Court Clerks
Article I. Name
The name of the organization shall be the Illinois Association of Court Clerks (the Association).
Article II. Purpose.
The purpose of the Association shall be:
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. Members
Section 1. Types of Membership.
Section 2. Dues. Association membership dues shall be as set forth in the Association Standing Rules. The amount of dues shall be determined by a vote of the membership at any regular or special meeting called for the purpose of determining the dues.
Section 3. Good Standing. Clerks in office more than two years shall be considered in good standing if their dues are current for the past two years. Clerks in office less than two years shall be considered in good standing if their dues are current for the current year.
Section 4. Discipline. Members shall be held accountable for conduct that is detrimental, brings disrespect, or willfully violates the governing documents of the Association. Procedures for handling allegations of such conduct shall be as prescribed in the parliamentary authority.
Section 5. Termination of Membership. Memberships may be terminated:
Article IV. Zones
Section 1. Zones. The Association shall be divided into zones as described in the Association Standing Rules. All active members in good standing in the zone and shall be the voting members of each zone. Each zone shall have the authority to determine its own rules and procedures as long as such rules and procedures do not conflict with provisions in these bylaws.
Section 2. Zone Chairmen. Each zone shall elect a Zone Chairman. A Zone Chairman must be an active member in good standing.
Article V. Officers
Section 1. Officers. The officers of the Association shall be a President, a President-Elect, a Vice President, a Secretary, an Immediate Past President, and a Comptroller.
Section 2. Eligibility. All officers shall be active members in good standing. No two officers, with the exception of the comptroller, may be from the same zone.
Section 3. Selection of Officers.
Section 4. Term of Office. All officers, except for the Comptroller, shall assume office at the close of the Association annual meeting. They shall serve until the close of the next Association annual meeting or until their successors assume office. The Comptroller shall take office on January 1 and serve for a term of four years or until a successor assumes office. The comptroller is not limited to the number of consecutive terms he/she may serve.
Section 5. Nomination and Election of Officers.
Section 6. Duties of Officers. The officers shall perform the duties as provided in this section and such other duties as provided in these bylaws or determined by the Executive Board.
Section 7. Vacancies.
Article VI. Membership Meetings
Section 1. Regular meetings. The Association shall have two regular meetings per year at a time and place determined by the Executive Board. Notice stating the place, day, and hour of the meeting shall be provided not less than 20 and not more than 60 days before the date of the meeting by any allowable means as provided under Illinois state statutes.
Section 2. Annual meeting. The regular meeting held at the IACC Fall Conference, or at a time determined by the Executive Board, shall be known as the annual meeting of the Association. The purpose of the annual meeting shall be the election of officers, receiving reports, and for any other business which shall properly come before the members.
Section 3. Special meetings. Special meetings of the membership may be called by the
Executive Board, provided that notice stating the place, day, hour, and purpose of the meeting shall be provided to the members at least 20 days prior to the date of the meeting. Notice may be provided by any allowable means as provided under Illinois state statutes.
Section 4. Quorum. The quorum for membership meetings shall be 30% of the active members.
Section 5. Voting. Each active member shall have one vote and may not vote in more than one capacity. Proxy and/or absentee voting shall not be allowed.
Section 6. Alternates. An associate member may serve as an alternate and vote in the absence of his/her Circuit Clerk.
Section 7. Postponement. The Executive Board by a two thirds vote may postpone any membership meeting for cause. All members shall be notified of the postponement in a manner determined by the Executive Board to be fair and reasonable under the circumstances.
Article VII. Executive Board
Section 1. Composition. The Executive Board shall consist of the officers and the Zone Chairmen. The Comptroller shall have all rights, except the right to vote. The chairmen of standing committees shall be invited to all meetings and may report and debate, but shall have no other rights or be counted in quorum. The President may invite other persons to attend meetings of the Executive Board when their input on Association business is deemed important.
Section 2. Authority. The Executive Board shall have full control of the Association between its membership meetings, except that which is retained by the membership as provided in these bylaws or by statute. The Executive Board shall have the authority to fix the time and place of membership meetings.
Section 3. Meetings. The Executive Board shall hold regular meetings on a schedule as determined by the Executive Board. Special meetings may be called with two days notice by the President and shall be called upon the written request of four members of the Executive Board as long as at least two of the four members are officers. Such notice shall include the purpose of the meeting and may be provided in person or by telephone or sent by email to each member of the Executive Board. Notice of such meeting shall be waived by attendance at the special meeting unless the Executive Board member attends such meeting for the express purpose of objecting to the transaction of any business because the special meeting was not properly called or convened.
Section 4. Voting. Each member of the Executive Board, except for the Comptroller, shall have one vote and may not vote in more than one capacity. Proxy and/or absentee voting shall not be allowed.
Section 5. Action by Written Consent. Action may be taken by the Executive Board without a meeting if written consent given personally or mailed or electronically transmitted, setting forth the action taken and signed, is received from all the voting members of the Executive Board, and such consents are filed in the corporate records. Any consent signed by all voting members of the Executive Board shall have the same effect as a unanimous vote of the members of the Executive Board.
Section 6. Quorum. A majority of the voting membership of the Executive Board then in office shall constitute a quorum.
Section 7. Removal. Any member of the Executive Board may be removed by a two-thirds vote of the Executive Board.
Section 8. Board of Officers.
Article VIII. Committees
Section 1. Standing Committees. The
Association shall have such standing committees as described in the
Association Standing Rules. The President with the advice and consent of
the Executive Board shall appoint all members of the standing
committees unless otherwise provided in these Bylaws or the Standing
Rules. The term for members of standing committee shall correspond to
the fiscal year.
Section 2. Special Committees. Special committees shall be created as deemed necessary by the membership, the Executive Board, or the President.
Section 3. Quorum. The quorum for meetings of any committee shall be a majority of the members of the committee.
Section 4. Ex Officio Members. The President or the President’s designee, selected from among the Board of Officers, shall be ex officio a member of each committee, except the nominating committee. The President or the presidential designee shall not be counted in determining a quorum, but shall have the right to vote.
Article IX. Association Representatives to External Entities
Section 1. Illinois Association of County Officials (IACO) Representative. The Association shall have one appointed representative to the Illinois Association of County Officials. The representative shall serve a three year term. The representative on IACO shall alternate between North of I-80 and South of I-80 every other term. The representative shall be an elected Circuit Clerk in good standing. The President shall appoint the IACO Representative with the advice and consent of the Executive Board. If a vacancy occurs, the President shall appoint a replacement in no less than 60 days following the same procedure. The representative shall attend all meetings of the IACO Board and shall report back to the Association.
Section 2. Ad Hoc Committee of the Conference of Chief Circuit Judges on the Article V Supreme Court Rules. The Association has one appointed representative to the Ad Hoc Committee of the Conference of Chief Circuit Judges on the Article V Supreme Court Rules (Article V Committee). When a vacancy occurs, a recommendation shall be made by the President to fill the seat. The President shall select a representative and an alternate representative with the advice and consent of the Executive Board prior to making a recommendation to the Chairman of the Article V Committee.
Approval by the Chairman of the Article V Committee is necessary to complete the appointment. The appointed representative is required to attend all meetings and report to the Association as necessary. The appointed representative will vote on behalf of the Association. The appointed alternate representative may attend all Article V Committee meetings and in the absence of the appointed representative may vote on behalf of the Association.
Appointed representatives shall serve until such time as they are removed by the Chairman, no longer a duly Elected Circuit Clerk, or are unable to attend all meetings.
Permanent Circuit Clerk representatives to the Article V Committee are: Cook, DuPage, and Madison County. Each of these representatives have voting authority on behalf of the county they represent.
Section 3. Additional Representatives. The President shall appoint representatives to any additional entities, as needed, with the advice and consent of the Executive Board.
Article X. Electronic Meetings.
The Executive Board, Board of Officers, standing committees, and special committees may participate in and act at any meeting through the use of a conference telephone or other communications equipment by means of which all persons participating in the meeting can communicate with each other. Participation in such meeting shall constitute attendance and presence at the meeting of the persons so participating.
Article XI. Finances
Section 1. Fiscal Year. The Fiscal year of the Association shall begin on the first day of January and end on the last day of December.
Section 2. Depositories. All funds of the Association shall be deposited to the credit of the Association under such conditions and in such financial institutions as shall be designated by the Executive Board.
Section 3. Approved Signatures. Approvals for signatory authority in the name of the Association and access to funds and securities of the Association shall be authorized by the Executive Board.
Section 4. Financial Reports. A summary report of the financial condition of the Association shall be presented to the membership at the annual meeting.
Article XII. Parliamentary Authority
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the proceedings of the Association in all cases to which they are applicable and in which they are not inconsistent with these Bylaws, any special rules of order that the Association may adopt, and any state statutes applicable to the Association that do not authorize the provisions of these Bylaws to take precedence.
Article XIII. Amendments
These Bylaws may be amended by the membership at any regular or special meeting by a two-thirds vote of those present and voting. Proposed amendments to the Bylaws shall be placed in the hands of the Secretary not less than 30 days before the meeting, 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 not less than 20 days prior to the meeting. If an electronic means is used to disseminate the amendments to the membership, a verification of receipt shall be obtained.
Article XIV. Dissolution
The Association shall not be dissolved except by a 90% written vote in the affirmative by the members of the Association in good standing at that time. If the vote is conducted by mail, the number of members used to calculate the necessary 90% shall be the number of ballots sent by first class mail to the last known address of each member in good standing, minus the number of ballots which are returned as undeliverable. If the vote is conducted at a regular or special meeting, the number of members used to calculate the necessary 90% shall be the number of members in good standing who are present at that meeting
Upon the dissolution or winding up of the affairs of this Association, the Executive Board, after providing for the payment of all obligations, shall distribute any remaining assets to any nonprofit tax exempt organization.
Standing Rules of the Illinois Association of Court Clerks
Section 1. Dues for Active Members shall be by class of membership. 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 - $205.00
Class 2. Counties of between 14,001 and 30,000 - $265.00
Class 3. Counties of between 30,001 and 60,000 - $325.00
Class 4. Counties of between 60,001 and 100,000 - $385.00
Class 5. Counties of between 100,001 and 200,000 - $445.00
Class 6. Counties of between 200,001 and 300,000 - $505/00
Class 7. Counties of between 300,001 and 1,000,000 - $625.00
Class 8. Counties over 1,000,000 - $1,045.00
Section 2. Dues for Associate Members shall be $35.00 for the first member and $10.00 for each additional Associate Member, Deputy or other.
Section 1. The Association shall be divided by counties into five zones as follows:
Zone 1 shall include the following counties: Alexander, Crawford, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson, Lawrence, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland, Saline, St. Clair, Union, Wabash, Washington, Wayne, White and Williamson.
Zone 2 shall include the following counties: Champaign, Christian, Clark, Clay, Clinton, Coles, Cumberland, Dewitt, Douglas, Edgar, Effingham, Fayette, Ford, Iroquois, Jasper, Macon, Marion, McLean, Montgomery, Moultrie, Piatt, Shelby and Vermilion.
Zone 3 shall include the following counties: Adams, Bond, Brown, Calhoun, Cass, Greene, Jersey, Logan, Macoupin, Madison, Mason, Menard, Morgan, Pike, Sangamon, Schuyler and Scott.
Zone 4 shall include the following counties: Bureau, Carroll, Fulton, Hancock, Henderson, Henry, Jo Daviess, Knox, Lee, Livingston, Marshall, McDonough, Mercer, Ogle, Peoria, Putnum, Rock Island, Stark, Stephenson, Tazewell, Warren, Whiteside and Woodford.
Zone 5 shall include the following counties: Boone, Cook, DeKalb, DuPage, Grundy, Kane, Kankakee, Kendall, Lake, LaSalle, McHenry, Will and Winnebago.
Section 1. Standing committees shall be as follows:
Board Composition: The Board shall be composed of no less than one, but no more than two, representative(s) from the AOIC; one representative of the ILETSB; and five circuit clerks, representing each of the five zones, which includes the President of the Association, 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 Association is unable to attend a meeting of the Board, the President-Elect of the Association shall attend on the President’s behalf.
The primary purpose of the Board shall be to provide educational
programs for the Association. This responsibility includes, but not
limited to, assessment of educational needs, program design, planning
and execution of seminars, the continuing evaluation of such programs,
and the certificates of attendance to Circuit Clerks who have attended
such programs. For all conferences held in the spring and fall,
educational agendas shall be designed and finalized no less than four
weeks prior to the event. The Board shal
meet quarterly. The Oversight Board shall develop a working
relationship with the AOIC on issues relative to Circuit Clerks
throughout the State. The Oversight Board shall keep the membership
informed on all matters of importance from the AOIC. The Oversight Board
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. The Oversight Board shall adopt minimum standards in providing
continuing education for circuit clerks.
Terms of Members: Representatives from the AOIC and the ILETSB shall serve indefinite terms. Four circuit clerks appointed by the President of the Association 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.
Election and Duties of Officers: The January meeting each year shall be designated as the Board's annual meeting and the President of the Association shall be chairperson for the President’s term. A vice chairperson shall be elected from among the Board's members and shall hold office for one year or until their respective successor is elected, regardless of whether his or her term as a member under the previous paragraph has expired. The permanent secretary shall be one member of the AOIC as long as they are a Board member.
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 e-mail copies thereof to the members promptly after each meeting;
b) E-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.
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.
RULES OF THE OVERSIGHT BOARD FOR CONTINUING EDUCATION OF THE ILLINOIS ASSOCIATION OF COURT CLERKS
The Oversight Board for Continuing Education of the Illinois Association of Court Clerks (Board) adopts the following minimum standards in providing continuing education for Illinois Circuit Clerks:
Circuit Clerks believe that through continuing education they can better fulfill their obligation to the judicial system and to the public. These rules establish minimum standards in proving continuing education for circuit clerks through a joint effort of the Administrative Office of the Illinois Courts (AOIC), Illinois Law Enforcement Training and Standards Board (ILETSB), and the Illinois Association of Court Clerks (Association).
2. Educational Recommendation
Each Circuit Clerk is encouraged to complete a minimum of ten (10) credit hours of approved or accredited educational seminars during each calendar year commencing April 1, 1997. Thereafter, ten (10) hours shall be earned during each calendar year beginning January 1998. Deputy Clerks and other staff designated by the Circuit Clerk may attend educational programs but will not be entitled to Certificates of Attendance.
3. Standards for Programs
The following standards shall be met by any program for which credit or approval is sought:
4. Standards for Training at Circuit Clerk Zone Meetings. The following standards must be met in order for Circuit Clerk Zone Meetings to qualify as training:
5. Hours and Accreditation
6. Certificates of Attendance
7. Program Evaluation
OVERSIGHT BOARD FOR CONTINUING EDUCATION
OF THE ILLINOIS ASSOCIATION OF COURT CLERKS
APPLICATION FOR COURSE APPROVAL
1. Please list the title of the course or seminar you attended: _____________________________________________________________________
2. Date and location of the course/seminar: _____________________________________________________________________
3. Attach a course outline containing the following information:
a. Name, educational background, and professional experience of the faculty who presented the course/seminar:
b. Specific topics the course or seminar covered and if available, attach a copy of the course agenda:
4. Actual number of classroom hours you attended at this seminar: _______________________
5. Name of organization that sponsored this course/seminar: ______________________________________________________________________
Submit this application for course approval to:
Oversight Board for Continuing Education
of the Illinois Association of Court Clerks
c/o Administrative Office of the Illinois Courts
Court Services Division
3101 Old Jacksonville Road
Springfield, IL 62704
D. Technology Committee. The Technology Committee shall consist of a chairman, as appointed by the President with the advice and consent of the Executive Board, and up to five (5) additional members, as submitted by the chairman and approved by the President. The membership may also include non-elected circuit clerk personnel or other members approved by the President. The committee shall meet, to review Supreme Court directives or technology trends, and maintain communication with the AOIC. The committee shall review what technologies are being used by Illinois Clerks, as well as investigate new technologies in either private or public industries that may be applicable. The committee shall report findings and recommendations back to the Association. The Technology Committee shall meet at least every six (6) months.
E. Political Action Committee (PAC). Members of the PAC Board will be appointed by the President with the advice and consent of the Executive Board ensuring partisan and geographic balance on the Board at all times. Members may serve up to four (4) years and at the pleasure of the President. Board Members must contribute to the PAC. The PAC Board will consist of five (5) members, one clerk, in good standing, from each zone to ensure partisan and geographic representation. Regardless of member selection, the partisan balance of the committee should ensure that each political party has no less than two members on the PAC Board. The PAC Board should meet at least quarterly, either in person or by teleconference.
Development of the Giving Plan
The PAC Board will work with the membership and the association lobbyist to develop a giving plan for each biennial General Assembly. The development of the giving plan shall be designed in the first January of the biennial General Assembly. The giving plan should address the budget, goals and administrative functions including limits for the first (non-election) and election year and contingency funds to be set aside for unanticipated expenses or contributions.
The Association lobbyist will provide administrative support to the PAC Board, including: