Bylaws for all MOMS Club® Local Chapters
ARTICLE 1. ESTABLISHMENT OF LOCAL SUPPORT GROUP
SECTION 1. ESTABLISHMENT
Local support groups using the name of MOMS Club or MOMS Offering Moms Support,
or any part thereof, must be registered with the MOMS Club corporation, a California nonprofit
corporation, and must agree to abide by all guidelines required by the corporation.
SECTION 2. NAME
The name of this local support group shall be "MOMS Club of (name of town or area)," with "MOMS" an acronym for the slogan, "MOMS Offering Moms Support." The town or area designation shall be made by the MOMS Club corporation.
SECTION 3. GUIDELINES
The local support group must agree to abide by the guidelines set forth by the corporation. Those guidelines, which may be changed by the corporation, are:
a) The local support group shall pay an annual registration fee to the corporation. The
fee shall be set by the corporation and shall be equitable to all local support groups.
b) The local support group shall abide by these Bylaws provided by the corporation and
shall not change them without written consent of the corporation.
c) The local support group shall actively support the purposes and principles set forth in these Bylaws.
d) The local support group shall be open to all mothers in the geographic area designated by the corporation.
e) The local support group shall not require dues of its members which are prohibitively
high. In the case of a disagreement as to whether said dues are prohibitively high, the decision of the corporation shall carry.
f) The local support group shall provide the corporation with a list of all members,
including addresses and telephone numbers, and any other reports or communications as may be required by the corporation.
g) No part of the local support group's activities shall consist of carrying on propaganda,
or otherwise attempting to influence legislation, and the group shall not participate or intervene in any political campaign, including the publishing or distribution of statements, on behalf of any candidate for public office.
h) The local support group shall be a nonprofit organization and not organized or operated for the private gain of any person. It shall not carry on any activities not permitted by corporations exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code. Should the local MOMS Club support group disband or cease its activities, all assets remaining after the payment of any debts or liabilities must be immediately distributed to a
nonprofit fund, foundation or corporation which is organized and meets the requirements of Section 214 of the California Revenue and Taxation Code and any other applicable state regulations, and which has previously established its tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.
ARTICLE 2. PURPOSE AND PRINCIPLES
SECTION 1. PURPOSE
The purpose of this local support group shall be:
a) To provide a support group for mothers who choose to stay at home to raise their children;
b) To provide a forum for topics pertinent to children, child-raising, homemaking, personal improvement and the family;
c) To engage in activities to enrich the lives of children in the community;
d) To undertake and complete at least one charitable, humanitarian or social welfare project related to children each year.
SECTION 2. PRINCIPLES
The principles of this local support group shall be:
a) That women must be free to choose their personal path to fulfillment;
b) That, for women who choose it, raising children is an important and fulfilling full-time job; involves considerable financial sacrifice;
d) That there is no one right way to raise children, but that a major reason for the members to come together is their desire to seek out mothers with a common concern for raising their children in the best possible and most healthful way;
c) That a family's decision for a mother to stay at home to raise the children often
e) That children are a community's greatest resource, and that a community's concern for its children is marked by the quality of its schools.
ARTICLE 3. MEMBERSHIP
SECTION 1. MEMBERSHIP
Membership in the local support group is open to any mother in the area designated for this group by the corporation. People who are not mothers, but who wish to join, are subject to the approval of a majority of the dues-paid members present at a business meeting.
A member in good standing is defined as one who has paid current dues, or whose dues have been waived or reduced by the Executive Board, and who has a current liability waiver on file with the club.
Only members in good standing may hold office, participate in club activities, meetings, programs, parties, committees or activity groups, and be eligible to vote.
Any member who has quit or left a local MOMS Club support group or failed to renew her dues may join or rejoin a local MOMS Club support group only with the prior approval of a majority of the Executive Board.
SECTION 2. ASSOCIATE MEMBERSHIPS
Local support groups may establish associate memberships for a reduced dues to apply to special situations. Associate memberships shall be non-voting and may have limited rights to attend MOMS Club functions.
At no time may associate memberships be used to segregate the local group for financial reasons. Any mother qualified for full membership, who desires full membership, but is unable to meet her financial obligation, may ask for her dues to be waived or reduced by the Executive Board.
ARTICLE 4. MEETINGS
SECTION 1. MEETINGS
Regular business meetings of the local support group shall be held monthly on a day to be specified by the Executive Board. Any and all business of the local support group shall be conducted at the regular monthly business meetings. A quorum of members shall be whatever members attend the meeting, provided said meeting was announced to all members in good standing at least one month in advance. If the meeting was not announced to all members in good standing at least one month in advance, then the quorum shall be a majority of the members in good standing.
In addition to the regular business meetings, the Executive Board may schedule Park Days or other get-togethers for the membership, but no business may be conducted at any time other than at the regularly scheduled monthly business meetings.
The Executive Board, may, however, hold a special business meeting for matters too imperative to wait for the next business meeting, if all members have been notified either by telephone or mail in advance of the meeting. No motions concerning disbanding the local support group or removing officers may be made or voted on at special business meetings.
SECTION 2. ALL MEETINGS HELD DURING DAYLIGHT HOURS
All meetings and group functions shall be held during daylight hours. To accommodate special speakers or programs not available during the day, occasional evening activities may be held if approved in advance by a three-fourths vote of the members in good standing present at a business meeting. However, the provision for special speakers or programs may never be used to shift the group's regular program, meetings or activities from daylight to evening hours. No business may be discussed or voted on at any evening function.
SECTION 3. ATTENDANCE OF CHILDREN AT MOMS CLUB FUNCTIONS
Members' children shall be welcome at all functions when accompanied by the member parent. Attendance by children accompanied by adults other than parents must be approved in advance by the Executive Board and no children accompanied by anyone other than a member parent may participate in any activity or program without written permission and liability waivers signed by the children's parents.
Parents are responsible for the actions and safety of their children at all times. Neither the local MOMS Club support group nor the MOMS Club corporation is responsible for the actions or safety of any children at any time.
Parents may be required to remove disruptive or ill children from meetings or activities. The final decision of whether a child is disruptive or ill rests with the Executive Board, which shall use the same criteria for all children.
The Executive Board may, if it so wishes, require a doctor's written statement attesting to the health of any child.
Nursing of infants and toddlers is perfectly acceptable at any support group function
and shall not be discouraged in any way.
SECTION 4. NO SMOKING AT MEETINGS
Because many people, especially infants, children and pregnant women, are sensitive to cigarette and other smoke, and because of current evidence attesting to the health hazards of second-hand smoke, no smoking shall be permitted at any indoor meeting or activity, and consideration for non-smokers shall be expected at outdoor functions.
ARTICLE 5. FISCAL YEAR AND DUES
SECTION 1. FISCAL YEAR
The fiscal year of the local support group shall be from July 1 to June 30.
SECTION 2. DUES
Dues for new members shall be collected on a yearly basis, with each member paying the current fee and receiving membership for one year from the date of their joining. Dues for renewing members shall also be collected on a yearly basis, with each member paying the current fee and receiving membership for one year from the date their renewal was due.
SECTION 3. AMOUNT OF DUES
The dues for the local group shall be set by the Executive Board with the approval of a majority vote at a regular business meeting. Dues should be reasonable to cover the expenses of the group and should never be set so high as to intentionally exclude any potential members.
SECTION 4. WAIVING OF DUES
No mother may be denied membership in the local group because of financial hardship. If a member cannot meet her financial obligation to the local group, she may ask the Executive Board for special consideration. The Executive Board should consider each request individually and should waive or reduce the dues of any member who is unable to meet her financial obligation.
If the Executive Board, by a majority vote, decides to waive or reduce the yearly dues of a member, that member shall be accepted into the group for that year as a member in good standing, with all the rights and privileges thereof. Information about which members, if any, have had their dues waived or reduced is confidential to the Executive Board.
Any criteria used by the Executive Board in determining whether or not a member can meet her financial obligation must be applied to all members without bias or discrimination.
SECTION 5. PROSPECTIVE MEMBERS
Prospective members may attend two regular business meetings before they pay their dues, but they may not vote or participate in activity groups until they have paid their dues.
SECTION 6. ROSTER OF MEMBERS
A roster, consisting of the names, addresses and telephone numbers of all members in good standing shall be prepared by the Secretary and distributed at least once a year to all members in good standing. Additional information may be included in the roster at the discretion of the Executive Board.
Only the names of members in good standing may appear in the roster and only members in good standing may have access to the roster. The roster may be used for clubbusiness only and may not be used for business, political or religious purposes.
SECTION 7. ADDITIONAL FEES
The Executive Board, with the approval of a majority vote at a regular business meeting, may levy additional fees to cover program costs, such as room charges, speakers' fees or child care, if necessary.
ARTICLE 6. OFFICERS
SECTION 1. OFFICERS
The elected officers of this support group shall be the President, Administrative Vice President, Membership Vice President, Secretary and Treasurer.
SECTION 2. PRESIDENT
The duties of the President shall be:
a) To preside at meetings;
b) To act as liaison with other organizations and the community;
c) To organize the local group's activities with the help of the Administrative Vice President and the Executive Board;
d) To act as liaison between the local support group and the MOMS Club corporation and to be responsible for preparing and presenting any reports on the local group's activities as may be required by the corporation.
SECTION 3. ADMINISTRATIVE VICE PRESIDENT
The duties of the Administrative Vice President shall be: a) To assist the President in fulfilling her duties of office;
b) To assume the duties of President when she is not available;
c) To coordinate the service project detailed in Article 2, Section 1, paragraph d.
SECTION 4. MEMBERSHIP VICE PRESIDENT
The duties of the Membership Vice President shall be:
a) To promote membership in the group;
b) To publicize the group in the community, and to coordinate such publicity with the President who is the group's liaison with the community;
c) To assist the Treasurer in the collecting of dues;
d) To coordinate hospitality at the meetings.
SECTION 5. SECRETARY
The duties of the Secretary shall be:
a) To compile a roster of all members to be distributed at least once a year;
b) To coordinate or prepare any correspondence necessary for the support group in cooperation with the President;
c) To take minutes of business, special and Executive Board meetings, and to keep those minutes in a notebook available for review by members and the Executive Board.
SECTION 6. TREASURER
The duties of the Treasurer shall be:
a) To be responsible for all funds of the group, and to deposit all such funds in the name of the group in such banks, trust companies or other depositories as shall be selected by the Executive Board;
b) To maintain financial records of the group and to keep those records available for review by the President, the Executive Board, the local group members and the MOMS Club corporation;
c) To receive and legally disperse any funds as directed by the Executive Board, and to give proper vouchers and receipts for any transactions;
d) To prepare and present a financial report to the Executive Board and members of the group at least once a year, and to prepare any other financial reports as may be required by the Executive Board of the MOMS Club corporation.
SECTION 7. TERMS OF OFFICE
The term of each office shall run for one year, concurrent with the fiscal year. Officers of a new support group which was formed after the start of the fiscal year shall hold office for the first partial fiscal year and the first complete fiscal year.
ARTICLE 7. EXECUTIVE BOARD
SECTION 1. EXECUTIVE BOARD
The governing body of the local group shall be the Executive Board, consisting of the elected officers.
The Executive Board shall meet as needed on the call of the President.
Three officers shall constitute an Executive Board quorum, with the following exception: if for any reason there are vacancies in two or more of the offices, then a quorum shall be a majority of however many offices are currently filled.
SECTION 2. DUTIES OF THE EXECUTIVE BOARD
The Executive Board shall coordinate the activities of the local group. Any program, activity or expenditure of the local group must be first reviewed by the Executive Board which will, by a majority vote, either decline or accept the program, activity or expenditure for forwarding to the membership as a whole for consideration. Any program, activity or expenditure accepted by the Executive Board for forwarding to the membership as a whole shall be taken to the membership for voting at the next regular business meeting.
SECTION 3. AUTHORITY
The Executive Board has the authority to speak only for the local group. At no time may it, or any local group member, represent itself as authorized to act for the MOMS Club corporation, and it may not pledge the corporation's credit or render the corporation liable monetarily or in any other capacity in any amount or for any purpose.
SECTION 1. COMMITTEES
ARTICLE 8. COMMITTEES
The President may form any committees which she finds necessary to direct the various functions of the support group in the fulfillment of its purpose and shall appoint the chairpersons with the approval of the Executive Board.
Committee members may be appointed by the chairpersons with the approval of the Executive Board.
The work of the committees shall be planned and presented to the Executive Board for approval before any action is taken.
The President is a member of any and all committees.
The President may remove any committee chairperson from their post with the approval of the Executive Board. Committee members may be removed by the chairpersons with the approval of the Executive Board.
SECTION 1. ACTIVITY GROUPS
ARTICLE 9. ACTIVITY GROUPS
An Activity Group is defined as members joined together in similar interest areas. Only members in good standing may participate in any Activity Group.
Activity Groups may be governed by their own bylaws which must be approved by the Executive Board in advance and may not contradict the Bylaws of the local support group, the instructions of the MOMS Club corporation or the law.
Activity Groups must submit their plans to the Executive Board for approval before action is taken.
All Activity Groups must follow the same rules as local group business meetings concerning daytime meeting hours and children's attendance with the following exception: a local group may hold a monthly MOMS Night Out during evening hours. Any other Activity Groups desiring to meet at night or desiring to prohibit children must have the prior approval of the local group's Regional Coordinator who is designated by the MOMS Club corporation.
ARTICLE 10. NOMINATING COMMITEE AND ELECTIONS
SECTION 1. NOMINATING COMMITEE
The Nominating Committee shall be comprised of five members, including a chairperson, and shall be appointed by the President with the approval of the Executive Board.
A call for volunteers for the committee shall be announced at the March business meeting. All
members of the committee shall be announced at the April business meeting.
SECTION 2. NOMINATIONS
A call for members who wish to run for election of any officer's post shall be announced at the April business meeting. The Nominating Committee shall consider all members who express an interest in running for election, but shall not be limited to those members when preparing the slate of officers.
The Nominating Committee shall present a slate of officers at the May business meeting. The slate of officers shall consist of at least one candidate for each office. After the slate has been presented, additional nominations from the floor may be made and seconded by members in good standing, but only at the May business meeting.
SECTION 3. ELECTIONS
The Nominating Committee shall conduct the election at the June business meeting.
Voting shall be by secret ballot and shall be counted by members of the Nominating Committee or the Executive Board. Candidates receiving a majority of votes cast by members in good standing present at the June business meeting shall be declared elected. No proxy votes shall be allowed. If there were no nominations from the floor at the May business meeting and the slate of officers contains only one candidate for each post, then the slate of officers as presented by the Nominating Committee may be accepted by a show of hands.
Members of the Nominating Committee or Executive Board that are also candidates for office may not participate in the administration of the balloting for that office.
Changes in the specific election procedure will be considered for special circumstances, if reviewed in advance by the MOMS Club corporation's Regional Coordinator for this chapter's area. Any proposed changes must be submitted to the Regional Coordinator and approved before they can take effect for the specific chapter election being considered. Future chapter elections must follow the procedures described above unless special exemptions are approved in advance by the Regional Coordinator each year.
ARTICLE 11. VACANCIES ON EXECUTIVE BOARD
SECTION 1. VACANCIES
Vacancies on the Executive Board shall exist on the death, resignation or removal of any officer.
A vacancy in any office shall be filled by a majority vote of the Executive Board, with the following exceptions:
(a) if there is a vacancy in the office of President, that post shall be filled automatically by the Administrative Vice President; and
(b) if there are vacancies in all the offices, then the MOMS Club corporation shall either appoint the officers or shall appoint a representative to run an election at the local group's business meeting.
SECTION 2. REMOVAL OF ELECTED OFFICERS
Elected officers may be removed from office only for cause. Valid reasons for removal
shall be:
a) The officer has been declared of unsound mind by a final order of court or has been convicted of a felony;
b) The officer has failed to uphold the Bylaws;
c) The officer has failed to perform her duties of office.
In the case of reasons "a" or "b," the Executive Board or the MOMS Club corporation shall declare the office vacant. Filling the vacant office shall follow the procedure outlined in Section 1 of this Article.
In the case of reason "c," the support group shall use the following procedure for
removal of the officer in question:
1) A proposal to remove an officer for failure to perform her duties of office may be brought before the Executive Board by any member in good standing. The proposal shall be considered by the Executive Board and if approved by the Board, shall be presented to the membership at the next business meeting. If the officer is not present at the Executive Board meeting, she shall be notified immediately of the charges and impending motion for removal. If for any reason she cannot be notified, the following steps shall be delayed until she is so notified. Notification shall be considered to have occurred if either (1) the officer has been told of the charges by telephone at least five days before the business meeting, or if (2) a letter detailing the charges has been mailed to the last known address of the officer at least ten days before the business meeting;
2) At the business meeting, the proposed motion to remove the officer in question shall be announced to the membership, with a specific list of the incidents in which she allegedly failed to perform her duties of office. No vote or discussion of the motion shall be made at this meeting, but an announcement shall be made that a discussion and vote on the motion shall be conducted at the next business meeting.
3) At the next month's business meeting, the motion to remove the officer in question shall be presented and debated according to Robert's Rules of Order Revised. The motion and its specific list of incidents must not be changed from that presented to the membership at the previous meeting or the process of removal must begin again at Step 1.
Voting shall be conducted by secret ballot and shall require a three-fourths vote of the
members in good standing present at the meeting to pass. No absentee or proxy votes shall be allowed.
If the Executive Board refuses to consider a proposal of removal for an officer for failure to perform her duties of office, or if the Board decides not to present the motion to the membership, a petition containing the names of fifty percent of the total membership in good standing presented at a business meeting shall require that the Executive Board immediately continue the procedure for removal of the officer.
SECTION 3. REMOVAL OF APPOINTED POSITIONS
Any appointments made by the Executive Board may be removed by a majority vote of the Executive Board.
ARTICLE 12. RULES OF ORDER
SECTION 1. RULES OF ORDER
All meetings shall be conducted according to Robert's Rules of Order Revised, except when doing so would be inconsistent with these Bylaws or special rules of order.
The President may appoint a parliamentarian to be in attendance at the business meetings or any other meetings to advise the President.
ARTICLE 13. AFFILIATIONS AND PROGRAMS
SECTION 1. AFFILIATIONS
This support group shall be affiliated with and only with the MOMS Club corporation.
SECTION 2. PROGRAMS
The support group shall not support, affiliate with or participate in any political party or campaign, nor with any religious group or cause. Nor shall it participate in any cause not directly related to children, homemaking or the family. It may, however, participate in charitable programs sponsored by other groups, if those programs relate to children, homemaking or the family.
No outside organization may participate in any support group program or activity unless approved in advance by the Executive Board and a majority of the members in good standing present at a regular business meeting.
ARTICLE 14. AMENDMENTS
SECTION 1. AMENDMENTS
Because of the nonprofit status of the corporation and the local support groups, and the desire to have a unified national network of support groups, these Bylaws may be amended only in the following ways:
a) by the MOMS Club corporation;
OR,
b) by the following procedure:
1) The local group, local group member or local group Executive Board will send its proposed amendment to the MOMS Club corporation Board of Directors, who will review it to see how it will affect the MOMS Club nonprofit status, goals and principles, and its applicability to all local groups. As a matter of policy, no changes jeopardizing the nonprofit status, goals and principles, daytime meetings or the allowing of children at meetings shall be
approved by the Board of Directors.
2) If the Board of Directors agrees that the amendment would be beneficial to the
local groups, if the local groups were to agree to it, the proposed amendment will be sent to all
local groups in existence at that time. Only those amendments reviewed and approved by the Board of Directors shall be presented to the local groups.
3) Each local group will then vote on the proposed amendment within any time
specifications presented by the Board of Directors. If three-fourths of the members in good standing present at a regular business meeting vote in favor of the amendment, then that group's vote shall be "yes." If less than three-fourths of the members at that meeting vote for the amendment, then that group's vote shall be "no."
4) Each group shall cast its vote according to the members' direction in Step 3, and if at least three-fourths of the groups vote in favor of the amendment within the specified time, then the amendment shall be adopted. If less than three-fourths of the groups vote in favor of the amendment, then the amendment shall not be adopted.
ARTICLE 15. SEVERING RELATIONS
SECTION 1. SEVERING RELATIONS
Local support groups must disband to sever relations with the MOMS Club corporation. The disbanding of a local support group must be handled according to the procedures set forth by the MOMS Club corporation. For a copy of those procedures, contact the MOMS Club corporation at the corporate office. Any members wishing to continue their local support group will be allowed to do so as long as they agree to use the local group Bylaws and follow the rules and guidelines set forth by the MOMS Club corporation.
If no members wish to continue a MOMS Club local support group, then the group shall be disbanded and the treasury distributed according to Article 1. Section 3. Paragraph h.
Any charities receiving funds from a disbanded local support group must not have influenced
the disbanding of the group and must not have any members who were members of the disbanded MOMS Club local support group. Suggested charities for treasury donations include any legitimate charity benefiting children or the MOMS Club corporation for use in starting new local support groups or for its other charitable work, such as the Mother-to-Mother Fund.
Any local support group that disbands must send written notification to the MOMS Club corporation at the corporate office, and must return, postage paid, the MOMS Club local support group manual to the MOMS Club corporation. No one who is not a member of a currently registered MOMS Club local support group may use the name "MOMS Club," the "MOMS Offering Moms Support" slogan or the MOMS Club logo because those are trademarks of the MOMS Club corporation. No refunds of registration fees shall be made to any group or individual which has severed ties with the MOMS Club corporation.
The MOMS Club corporation may terminate the registration of a local support group by sending written notice, sent by U.S. Postal Service certified mail, to the president of the local support group at the last recorded address provided by the local group. A local support group whose registration with the corporation has been terminated must disband immediately. It may no longer use the name "MOMS Club," the "MOMS Offering Moms Support" slogan or the MOMS Club logo, because those are trademarks of the MOMS Club corporation, and the MOMS Club manual must be returned, postage paid, by the former chapter's president to the MOMS Club corporation. The treasury and any assets of a local chapter that has been disbanded because of a termination of registration by the MOMS Club corporation must be distributed according to Article 1. Section 3, Paragraph h, and any charities receiving funds from a disbanded local support group must not have influenced the disbanding of the group and must not have any members who were members of the disbanded MOMS Club local support group.