BY- LAWS OF NEBRASKA NEPALESE SOCIETY 2013
To preserve and promote the Nepalese culture and harmonize interpersonal relationship and work on the holistic development of the residents of Nebraska and help them as and when needed while remaining a charitable and benevolent organization.
As the Nepalese community is growing in the state of Nebraska, it needs to be organized for its prosperity with social pride and dignity as well as for bonding a harmonious relationship with other communities in the state; encouraging people to people friendly relationship between the United States of America and Nepal.
ARTICLE: I&II – PRELIMINARY
1. NAME and COMMENCEMENT
1.1. The name of this organization shall be Nebraska Nepalese Society (hereunder called "NNS").
1.2. It shall be a non-profit volunteer organization.
1.3. It shall be non-political organization.
1.4. This Bylaw comes into force upon endorsement.
1.5. The Logo and the Coat-of-arms or stamp shall be fixed for NNS. NNS Executive Board shall design and fix the Logo and the Coat-of-arms or stamp in appropriate size and color. In case the executive board is willing to change the prevailing logo, it has to be rectified through general meeting.
1.6. The NNS office shall be located in Nebraska, USA.
2.1. “Society” means- The society for Nebraska Nepalese society (NNS).
2.2. “Bylaw” means – Bylaw of Nebraska Nepalese society 2013.
2.3. “Founder” means – The founding members of Nebraska Nepalese Society.
2.4. “Executive Board” means - Executive Board of Nebraska Nepalese Society.
2.5. “Advisory Committee” means - Advisory Committee of Nebraska Nepalese Society.
2.6. “NNS Scholar and Professional Leadership Committee” means- NNS Scholar and Professional Leadership committee of Nebraska Nepalese Society.
2.7. “Election Committee” means- Election committee of Nebraska Nepalese Society.
2.8. “Year” means- The period to begin from January 1st to last of December every year.
2.9. “President” means – The President of NNS.
2.10. “Vice President” means- The Vice President of NNS.
2.11. “General Secretary” means- The General Secretary of NNS.
2.12. “Information Secretary” means-The Information Secretary of NNS.
2.13. “Public Relation Coordinator” means -The Public Relations Coordinator of NNS.
2.14. “Treasurer” means-The Treasurer of NNS.
2.15. “Coordinator” means- Coordinator of different committee of NNS.
2.16. “Member” means- General member, Life member, Honorary member, Donor member, Executive Board member, Student member and other different committee members of NNS.
2.17. “Dashain and Tihar” means -the greatest Nepalese cultural festival.
2.18. “New Year festival” means- both Nepalese New Year starting Baisakh and American New Year starting January.
2.19. “General Meeting” means –meeting held inviting all NNS members.
ARTICLE: III- PURPOSE AND PROGRAM
The purpose of NNS is to preserve its rich cultural heritage and familiarize it to other communities in Nebraska and to carry out programs for the well beings of its members. The purpose of the organization is to engage in the following:
1. GENERAL PURPOSE:
1.1. To design, construct, and operate a venue for all communities to organize social, cultural, educational, and other community activities taking a reasonable fee.
1.2. To build, foster and support a unified, active and supportive community of Nepalese, Nepali Americans and Friends of Nepal living in the Nebraska (the "Nebraska Nepalese Community").
1.3. To promote the culture and traditions of Nepal and Nepalese and work on the holistic wellbeing of its members.
1.4. Partner with other duly registered Nepali or non-Nepali organizations or group to work towards achieving the goals and objective.
1.5. NNS shall not be engaged or participate in any political agenda or support any individuals’ selfishness.
2. SPECIFIC PROGRAMS:
2.1. Celebrate New Year Festivals Nepalese: The NNS can celebrate the Nepali New Year.
2.2. Dashain Tihar festivals: The NNS can celebrate Dashain Tihar cultural festivals.
2.3. Summer Activity: NNS can organize a picnic for the purpose of social gathering and different kinds of sports in summer.
2.4. Charitable: NNS sponsors the needy social welfare projects at least once a year whenever possible.
2.5. Education: The NNS members shall be educated about Nepali culture through various activities such as Movie, Documentary, kids’ education and inviting performers from Nepal.
2.6. Fund Generation: Fund to support various NNS sponsored program shall be generated through various sports and social activities and donations.
2.7. Health Awareness: NNS shall sponsor various sports related activities to bring the health awareness to the community.
2.8. Financial Assistance: NNS shall provide financial assistance to its members with the full consent of the Executive Board members depending upon the severity of the situation. The fund shall be allocated from the charity fund.
2.9. OTHER: Other activities, functions and works shall be considered and implemented by the NNS Executive Board in accordance with the General purpose of NNS.
ARTICLE: IV- MEMBERS AND MEMBERSHIP
1. Application for Membership
Any individual eighteen years of age or above shall be eligible to apply for membership. Membership may be obtained by completing the application forms from the Executive Board.
2. Types of Membership
Membership in NNS is open to all individuals (18 years of age or older) interested in fulfilling the NNS’s goals and objectives, without regard to race, creed, beliefs, color, national origin, sex, disability, or marital status. There shall be the following categories of membership which is defined as follows:
2.1. General member: Anyone who believes in mission of NNS can be a general member.
2.2. Life member: Life members are those who contribute $1000 onetime to NNS and ARTICLE: V Section 3.6 and Section 3.8
2.3. Donor member: Any members willing to donate money to NNS shall be encouraged for it.
2.4. Honorary member: Honorary membership may be granted to a person on the merits of his or her contributions that may help to advance the objectives of the NNS. Such members do not pay any subscriptions and shall not have the rights to vote. He or She can voluntarily pay.
2.5. Student member: A person attending classes at a school, college, university, or vocational school shall be a student member. A person must be18 or older years to vote.
2.6. Guest member: Any outside individuals committed for NNS objectives shall be considered guest member. Such members shall not have the rights to vote. Such members do not pay any subscription. He/she may donate voluntarily.
3. Benefit Of Membership:
All general members shall have voting rights except honorary and guest member.
4. Membership Fees:
The membership fee to NNS shall be as per the timely decision of Executive board. All members shall have voting rights. This does not apply to honorary member and guest member.
5. Duties Of The Members:
5.1. All members shall participate in the affairs of NNS. Participation shall be on a voluntary basis.
5.2. All members shall abide by the provisions of the By-Laws of NNS.
5.3. All members shall agree to conduct themselves in accordance with prevailing socially accepted civic norms and conventions, and exemplary moral and ethical standards.
5.4. All members shall have joint and individual responsibility not to disrepute the name of NNS or diminish its reputation standing against it in any way whatsoever.
5.5. All members except honorary and guest shall have to take membership ninety (90) days prior to election to be considered eligible for the voting rights or for candidature submissions for the Executive Board member positions as stated in the NNS By-Law.
5.6. Both the Executive Board members and Advisory Committee members must be prior one year and a current year member(s).
6. Rights Of The Members:
6.1. All members shall be treated with dignity, respect, and civic courtesy commensurate with that normally accorded to other individuals in the society.
6.2. All members shall have the right to participate in the affairs of NNS freely and non-discriminatory.
6.3. Resignation of Membership: Any members may resign his/her membership by submitting a notice of resignation in writing to the Executive Board. The membership subscription shall be non-refundable in case of resignation and termination.
7. Termination Of Membership:
Membership may be terminated by the Executive Board upon demonstration of adequate evidence that he/she is involved against the prevailing NNS By-Law norms and of course the prevailing American legal system. Decision to terminate membership must be decided by two-third majority of the executive Board members’ votes.
ARTICLE: V- EXECUTIVE BOARD MEMBERS
1. EXECUTIVE BOARD
The Executive Board shall comprise of 17 (Seventeen) members with the details as follow:
2. POSITION OF EXECUTIVE BOARD MEMBERS:
2.1. The President: The President shall be the Chief Executive officer of the Board and shall have General supervision and control of its activities and programs. He/she shall handle all formal correspondence between NNS Executive Board member, other members of NNS, and others, and call and run meetings. The president shall form sub-committees as and when needed.
2.2. Vice President: The Vice President shall assist the President and assist his or her duties when the President is unable to serve or during his/her leave of absence.
2.3. General Secretary: The General Secretary shall keep records and minute of all meetings of NNS Executive Board and of all activities and programs. He or she shall assume the duties of the President if and when the President and Vice President are unable to serve or during their leave of absence. He or she shall publish the minutes information upon the approval of the President or Vice-President.
2.4. Information Secretary: The Information Secretary shall be in-charge of maintaining and updating the database and website of the NNS. He or she shall be responsible for collection and dissemination of information from and to the membership and shall also be responsible for solicitation of advertisements and publishing and distribution of the NNS’ newsletters. He or she shall perform all the duties equal to the General Secretary. The secretary shall also take care of the membership forms for the interested individuals to entitle to NNS members.
2.5. Public Relations Coordinator: The Public Relations Coordinator shall work as a contact person to report any issues of the public to NNS and shall initiate the dialogues to resolve the issues.
2.6. Treasurer: The Treasurer shall be the custodian of all funds of the NNS Executive Board, shall maintain bank accounts, receipts and disbursement of funds and shall give complete reports to the Board. The Treasurer shall be the primary contact person for the issues related to the financials of NNS Executive Board.
2.7. Executive Board Members: All Executive Board Members shall assist in the various activities of NNS. They can also be assigned a specific task or tasks for the period of their membership in the Executive Board or a shorter period. Executive Board Members are also responsible for selecting Advisory Committee Members. The various tasks of maintaining the status of NNS with state, federal and other agencies shall be appropriately assigned at the first meeting of the new Executive Board, among members. A member shall assume one position at a time. There shall be one is to one responsibility division.
3. RIGHT AND DUTIES OF EXECURITVE BOARD MEMBERS:
3.1. Generally the President shall continue for up to TWO terms.
3.2. The Vice President and Other Executive Board members can qualify for same position by re-election.
3.3. The term and tenure of the Executive Board members shall remain 2 years from the time of election, in the case of not forming the new Executive Board in a stipulated time, the existing Executive Board shall serve as an adhoc Executive Board until New Executive Board is formed or elected in General meeting.
3.4. Anything missing in this By-Law, the Executive Board shall be the authority to take decisions for eligible and reasonable subjects’ base on prevailing American legal system and norms of this By-Law, execute guided by the need and community welfare based principle of Social Psychology.
3.5. The NNS Executive Board shall have the authority to devise and implement the necessary rules according to NNS By-Law as deemed necessary.
3.6. The NNS Executive Board shall nominate one of the NNS Members for Life member every two year based on performance appraisals nomination.
3.7. The NNS Executive Board shall perform performance appraisals of NNS members and award appreciation certificates to the outstanding performers/members.
3.8. The NNS founder members, former presidents and current president shall be automatically NNS Life member, but for using voting rights, they must pay the annual subscriptions as decided by the executive board.
3.9. The Executive Board shall form a volunteer committee and other sub-committees as needed. The number shall be open ended as and when needed. Executive Board can fix tenure for volunteer committee members according to norms of By-Law.
3.10. In case of the resignation or removal of the Vice President or any Executive Board member, the President shall propose the candidate names for vacant post in the Executive Board for approval and has to be approved by the 2/3rd majority of the Executive Board members present in the meeting for remaining tenure.
3.11. In case of the resignation or removal of NNS President, the NNS Vice President shall be the chief executive officer of NNS Executive Board as President until the remaining tenure.
ARTICLE: VI- ADVISORY COMMITTEE
1. General Purpose:
The role of the NNS Advisory Committee is to provide support to the Executive Board toward the General purpose and specific programs of NNS. The advisory Committee shall also engage when necessary and upon the advice of the Executive Board in the long term strategic planning of NNS. All ideas and recommendations shall be made to the Executive Board which will consider the proposals. The members of the advisory Committee shall be called “Advisors”-Advisory Committee Members. Advisory Committee Members are NNS members appointed by the Executive Board in order to provide the society with necessary direction, guidance and assistance, based on their expertise. The tenure of the Advisory Committee shall be two (2) years and ended together with the tenure of the Executive Board.
2. Formation of Advisory Committee
2.1. There shall be a total of seven advisors in the committee. The advisory Committee members’ nomination and appointment shall be done by the newly elected NNS Executive Board after a careful consideration and deliberation.
2.2. Immediate past president shall serve as one of the members of advisory committee for the next term if he/she desires.
2.3. Executive Board shall nominate the Advisors, generally as soon as possible in their office.
2.4. Advisors are nominated with majority consensus of the Executive Board members.
2.5. Upon the appointment of advisory committee members, the advisory committee shall recommend one of the coordinator from among advisory members to the president for approval.
3.Duties and Rights of Advisors
3.1. Advisor(s) shall participate in meetings called upon by Executive Board.
3.2. All advisors shall be active within the NNS Community and in its many functions and programs. An advisor or advisors may be called upon or assigned a specific task by the Executive Board for any duration. He/she may accept or decline the task.
3.3. In the event of a voluntary or involuntary termination of the entire Executive Board, Advisory committee shall take up the responsibility of maintaining the General and Specific Purpose of NNS, along with NNS’s legal and tax obligations, until a new Executive Board is elected.
3.4. In case of the entire Executive Board members’ resignation or removal from the NNS Executive Board, the NNS Advisory committee shall take over all kind of responsibility as NNS Executive Board for remaining tenure of past Executive Board. The coordinator of this committee shall be Chief Executive officer of the NNS as the NNS President, and shall have general supervision and control of NNS activities and programs for remaining period. Then the advisory committee shall call upon regular and formal general meeting for the election and formation of the new Executive Board in January for regular duration.
4. Resignation and Vacancies for Advisory Committee members
4.1. Any members of the Advisory Committee may resign from their post, with a two week prior notice, in writing to the President of NNS.
4.2. The position as advisor shall end if he or she is no longer an NNS member or termed by the Executive Board.
4.3. If any advisor is not fulfilling his/her responsibilities, the Executive Board can vote to remove him/her from the post. Any Executive Board member can table a motion of removal with supportive evidence. Such removal must be decided with two-third majority of the Executive Board members.
4.4. If an advisor position is vacant by the means of resignation or removal, the Executive Board shall nominate a new advisor to fill that position. Regardless of the time of appointment of the advisory members sooner or later, the tenure shall end together as usual (2 years).
ARTICLE: VII- SCHOLAR and PROFESSIONAL LEADERSHIP COMMITTEE
The membership number of scholar and professional leadership committee is OPEN ENDED. These committee members are truly the well-wishers for NNS and its reputation, development and aspirations. The major responsibility of this committee member is to communicate NNS vision, establish goals, monitor NNS progress and motivate NNS members to perform substantially for the better performance and enhancement of NNS executive board in particular and NNS community as a whole. NNS scholar and professional leadership committee members can be as many as it is possible. They represent the professions as described as below and considered the guardians and the monitoring role. NNS Executive Board shall nominate Scholar and Professional Leadership committee as soon as possible in their office.
This membership is open for the following intellectual and professional individuals who are residing in the United States of America as follow:
RIGHTS AND DUTIES
1.1. The scholar and professional leadership committee members shall recommend one of the members to the NNS President for the role of coordinator for approval.
1.2. The Scholar and Professional Leadership Committee shall organize minimum two meetings in a year. The presence of twenty five percent (25%) of the members or ten (10) members of this committee, whichever is less, shall constitute a quorum for the meeting. The procedure of meeting shall be made by this committee itself. The venue and other facilities for meeting shall be provided by NNS Executive Board.
1.3. Inform and communicate NNS executive board about the recent happenings and development going on in and around the world either verbally or in written periodically.
1.4. Scholar and professional Leadership Committee members shall have voting rights.
1.5. The term and tenure shall be for two (2) years. The Executive Board may reappoint them as deemed necessary.
1.6. Except guest and honorary member of NNS, all the other members of this committee must be the NNS members may it be General/Life/Donor.
1.7. However, some members appointed sooner or later of this committee, the term and tenure shall remain two (2) years from the formation for every term and tenure.
1.8. If any of the members or the entire committee is found to be acting against the civic norms, ethics, social moral and this By-Law or prevailing the American legal system, the executive board can term him/her or the entire team upon the demonstration of adequate evidence.
ARTICLE: VIII- ELECTIONS AND APPOINTMENTS
ARTICLE: IX- ACCOUNT AND AUDITING
ARTICLE: X- MEETINGS
1. General Membership Meeting
The NNS Executive Board shall convene at least one regular and formal General meeting every year in January for the NNS members. NNS Executive Board may call an emergency or other general meeting in any time, if NNS Executive Board feels it is necessary for any subject. The NNS General Secretary shall give at least a thirty (30) days advance notice of a General Members Meeting. The presence of twenty five (25%) percent of the General Membership or fifty (50) members, whichever is less, shall constitute a quorum for making any business decision at the meeting. In the event of a voluntary or involuntary termination of the entire NNS Executive Board, NNS advisory committee may call an emergency or other general meeting in any time when needed.
2. Executive Board Meetings
Meetings of the Executive Board shall be held at such times and places as its Chair (the President of the NNS) determines necessary to discharge its duties. In any case, the Executive Board shall meet at least four (4) times a year. A majority of the members of the Executive Board shall constitute a quorum at any meeting of the Executive Board except for consideration of disciplinary action against a member. For vital decision making meetings on any significant issues, the channel shall be to make at least two third (2/3rd) attendances of NNS executive board members in which consensus decision shall be the number one step from those attendees, 2/3rd of the members’ decision shall be the second step and fifty one percent (51%) members’ decision shall be the third step for the decision to be considered valid and legal. This order shall strictly be followed.
3. Advisory Committee Meetings
The advisors shall meet as a group at least twice a year. The purpose of the meeting is to evaluate the state of the NNS community and the works of the NNS Executive Board as a whole. Advisors shall not evaluate performance of one or more specific members. Two-thirds (2/3rd) of the members of the advisory Board shall constitute a quorum for the consideration of recommendation to Executive Board for disciplinary action against the advisory committee member.
4. Meeting Participation by Alternative Means
Any member of the Executive Board and Advisory Committee may participate in a meeting by means of a conference telephone or similar communications system that allows all persons participating in the meeting to hear each other at the same time. Such participation shall be considered presence in person at the meeting.
5. Meeting Participation Requirements
All members of the Executive Board and Advisory committee are expected to attend at least fifty percent (50%) of the officially announced and scheduled meetings. In the event any member not attending the meeting for more than three (3) consecutive times, the President shall notify the member to submit a written justification for not meeting the attendance requirement. The Executive Board may take appropriate action, including removal of the member from the position if the justification is not satisfactory.
6. Action without meetings
10.6 The President shall have the right to act upon issues that arise and cannot wait for the next Executive Board meeting. At the minimum the President will have to consult with the Vice President, the Treasurer and the General Secretary. The entire Executive Board will be notified of the issue, and action taken, within the next two days or forty-eight hours. The Executive board may endorse or reject such actions. In case of rejection the president and other Executive Board members involved will cease all action initiated.
ARTICLE: XI- RESIGNATIONS, VACANCIES AND REMOVALS
1.1. Any General member, Executive Board member and other committee members may resign with a two weeks advance notice to the Executive Board. The Executive Board may request the member to withdraw his/her resignation if such is deemed necessary for the smooth functioning of the NNS. Such resignation shall be made in writing, and shall take effect at the time specified in the notice.
1.2. Based on Executive Board decision for resignation, the NNS President can accept any NNS members’ resignation including NNS Vice President if he/she has tendered his/her resignation to the Executive Board.
1.3. Based on Executive Board decision for resignation, the NNS Vice President can accept the resignation of NNS President if he/she has tendered his/her resignation from their post to the Executive Board.
2. Disciplinary Action:
Any General and Executive Board Member may be subjected to disciplinary action for acting against the interest of the NNS, leading up to the termination of his/her membership in the NNS. Any authorized members, misusing the funds of the NNS will be subject to appropriate legal actions in addition to disciplinary actions. Any Member or Executive Board member may be relieved of his/her duties with a two-third (2/3rd) majority vote of the executive Board members, if there is substantive evidence that such person is acting against the interest of the NNS or is misusing the NNS’s funds. The person found guilty of misusing the funds will be required to pay back misused funds in addition to complying with any other terms and conditions as may be imposed by a Court of Law.
3. Vacancies and Removal:
3.1. In case the ongoing Executive Board did not find any successor interested to serve in the capacity of NNS president, a public notice shall be issued calling for the interested candidates. From among the interested candidates, consensus shall be made and if there is no consensus, election will be held. The detail process of the election will be as per ARTICLE VIII.
3.2. Concerning the removal of the ongoing the President of NNS as and when found to be acting against the social morale, civic norms, ethics NNS By-Law and guidelines and prevailing the American legal system, an emergency General meeting shall be called by NNS Scholar and Professional Leadership Committee and the issue shall be brought forward and the removal decision shall be made based on the 2/3rd opinions of the public in the General meeting.
ARTICLE: XII- CONFLICT RESOLUTIONS
Any conflict that comes in NNS society within the Executive Board shall be resolved through dialogue and negotiations. And if the conflict appears to be very severe and unsolving in nature, the direction would be to follow the legal process. But, notably, the legal process and expenditure and the details of the legal process shall fall upon the individual concern in the conflict. NNS shall bear no legal charges and responsibility to pay off the expenses. NNS Public Relations Coordinator shall be the in charge to take initiatives on it.
ARTICLE: XIII- AMENDMENTS AND INTERPRETATIONS
ARTICLE: XIV- COMPENSATION
ARTICLE: XV- EXECUTION OF INSTRUMENTS
Except as otherwise provided in these By-laws or as the Executive Board may generally or in particular cases authorize the execution thereof in some other manner, all instruments, documents, deeds, leases, transfers, contracts, bonds, notes, checks, drafts and other obligations made, accepted or endorsed by Executive Board of NNS shall be signed by the President, the Treasurer, or the General Secretary.
ARTICLE: XVI- FISCAL YEAR
The fiscal year of NNS shall be the twelve month (January to December). General Meeting shall be held in January every year.
ARTICLE: XVII- TERM DURATION
The NNS Executive Board, Advisory Committee and NNS Scholar and Professional Leadership Committee shall assume their position for 2 years starting the first full day after the general meeting in January until another 2 years.
ARTICLE: XVIII - GRANT WRITERS
For the purpose of generating a stronger and dependable financial resource to have NNS own venue, grant writing provision will be in place. For this, Advisory Committee will be given the responsibility. From the advisory committee, any two (2) members’ team shall be formed in the direction of the Executive Board.
ARTICLE: XIX- PARLIAMENTARY AUTHORITY
Robert’s Rules of Order, Revised, shall govern all proceedings except where inconsistent with the provisions of the By-Laws of Nebraska Nepalese Society.
ARTICLE: XX- LIQUIDATION OR DISOLUTION
The liquidation and dissolution of the Society may be decided upon by a two-thirds majority of those present and voting at a General meeting, provided that notice of the proposed dissolution shall have been circulated with the notice of the meeting. In the event of dissolution, any residual funds of the Society shall be applied by the Executive Board, before vacating the office, in furtherance of the society’s aims, and no member shall have any claim on the Society with respect to fees and subscriptions paid.
ARTICLE: XXI- TRANSITIONAL PROVISION