THE BYLAWS OF THE COLORADO CORRECTIONAL EMPLOYEES SCHOLARSHIP FUND
ARTICLE I - NAME
This organization has no official affiliation with the Colorado Department of Corrections.
The name of the organization shall be The Colorado Correctional Employees Scholarship Fund, herein after referred to as the "Fund".
ARTICLE II - PURPOSES AND OBJECTIVES
The purposes and objectives of this organization are:
A.To support the educational needs of children/dependants under the age of 25 of:
1.A Colorado Department of Corrections employee eligible for benefits through the Fund who died while occupying a classified, full or part-time position in the State Personnel System, in which the Department has affect over pay, tenure, status to include positions that are appointed by the Governor. Those who exhausted all job protected leave and then encountered an Administrative Separation due to medical concerns or those who have involuntarily transferred to another state agency with no break in state service, will retain theirrights under their original employment with the Department.
2.A deceased retired employee of the Colorado Department of Corrections who retired with twenty or more years of service.
3.An employee of the Colorado Department of Corrections who was medically retired when he/she died.
4.An employee of the Colorado Department of Corrections who died while in military service to the United States.
B. To provide funds for administrative costs, including office supplies, stamps, envelopes, etc. to benefit the Fund.
C.To provide funds for contracted services when necessary, e.g., accountant or attorney fees, insurance, or bonding, etc.
D. To do and exercise all powers necessary, suitable, or proper for the execution of the primary goal of supporting the educational needs as outlined in paragraph A.
ARTICLE III - GOVERNING BOARD
The Governing Board may consist of thirteen (13) elected regional representatives from the full time or retired employees of the Colorado Department of Corrections. The Board may adjust this number for regional representative changes.
A.The officers of the Executive Board shall consist of a Chairperson (Chair), Vice Chairperson (Vice Chair), Secretary, and Treasurer elected from the Governing Board members.
B.The Governing Board shall handle the regular business of the Fund.
C.Quorum:
A quorum for conducting business of the Governing Board shall consist of two (2) Executive Officers and two (2) Governing Board members. All Executive and Governing Board members are empowered to vote. Other employees or guests are welcomed, but may not vote.
D.Financial Review:
Every two calendar years, or when there is a Treasurer election, a financial review of accounts will be performed. A detailed financial audit of the accounts of the Fund will be performed when deemed necessary by the Executive Board. Financial Reviews and audits shall be conducted by the Colorado Department of Corrections Internal Audit Department or by an Accountant, actively licensed in the State of Colorado.
E.Removal or vacancies of Governing or Executive Officers
1. An officer who does not comply with assigned responsibilities may be relieved of office by majority vote of the Executive Board. Appointment of a replacement shall be made by the Chair with the approval of the Executive Board.
2. Allegation(s) of misconduct may be filed against a Governing or Executive Board member, and may be filed in a written statement and presented to the Executive Board.
3. The Board member shall be notified in writing of the allegation(s) and shall have the right to be present at a special "closed session" or regular meeting of the Executive Board, at which time the allegation(s) will be reviewed.
4.At the discretion of the Executive Board, the member may be suspended or given the option to resign in lieu of being expelled by a majority vote of the Governing Board.
5.Information will be disclosed only at the Board’s discretion.
ARTICLE IV - GOVERNING BOARD MEMBER ELECTIONS
A. An election shall be conducted annually, to fill positions scheduled for replacement. Governing Board vacancies created by resignations, retirements, transfer, promotion, etc. will not be filled by election unless the position is scheduled for election. Such vacancies will be filled by interim appointments approved by the Executive Board. Decision to fill a vacant position or wait, will be by the Executive Board.
B. Elections shall be held as follows:
1. Each position on the Governing Board will be assigned a number. Odd numbered positions will be elected in odd years and even numbered positions will be elected in even numbered years. This process will begin in September of each year.
a.Odd numbers are as follows: 1 AVCF, 3 Central Office, 5 Community Corrections/Parole, 7 CTA/CTCF, 9 LCF, 11 SCF, 13 TCF.
b.Even numbers are as follows: 2 BVCF, 4 CMC/FCF, 6 CSP/CCF, 8 Denver Complex (CCC, DRDC, DWCF), 10 Pueblo (LVCF, SCCF, YOS), 12 DCC/RCC
C. An Election Committee, consisting of three members, shall be appointed by the Chair two months prior to the annual Election. The responsibility of this Election Committee will be to determine who on the Governing Board shall be leaving and ascertain from the membership rolls who wish to run for a position on the Governing Board. The Election Committee shall develop the voting process.
1. The incumbent may also run for the position. If no other person expresses interest, no election is necessary.
2.If no one is interested, the Governing board shall follow the provisions under Article IV.A.
D. Election to the Governing Board shall be conducted annually in September, beginning 2009, by ballot at each facility. Ballots will be distributed and received as deemed appropriate. Each full time employee of the Colorado Department of Corrections shall have one vote. No member may vote by proxy. Ballots must be returned to the Election Committee no later than October 1st. Only full time CDOC staff may be elected.
E. The Election Committee will count the votes and announce the results no later than October 15th.
F. Transition of Administration: There shall be a meeting of the Governing Board within two weeks following the announcement of election results. It may include the outgoing and incoming Governing Board members. Upon the introduction of new business, election/re-election of Executive Board members shall take place and files shall be turned over to the Chair, who then becomes the presiding officer.
ARTICLE V - EXECUTIVE BOARD ELECTIONS
A.Terms of the Executive Board positions.
1.All positions of the Executive Board will hold a two (2) year term.
2.Positions of the Chair and Secretary will be elected in even numbered years. Positions of the Vice Chair and Treasurer will be elected in odd numbered years.
3.The Executive Board members positions will be re-affirmed to their respective positions annually by the Governing Board.
B.Elections to the Executive Board will be conducted as follows:
1.Executive Board members shall be elected from the Governing Board members.
2.Executive Board members shall have served at least one (1) year as a Governing Board member prior to being elected to any Executive Board position. This requirement may be waived by the Executive Board if no Governing Board member meets criteria.
ARTICLE VI - DUTIES OF EXECUTIVE BOARD of DIRECTORS
A.The Chair shall:
1.Preside at all meetings of the Executive Board and at any special meeting.
2.Make interim appointments to fill vacancies with the approval of the Executive Board.
3.Sign all checks with the Treasurer when possible.
4.Sign all contracts with the Treasurer, after approval of the Executive Board.
5.Sign all signature cards held at various financial institutions, along with all other Officers.
6.Call special meetings, as necessary.
7. Ensure the scholarship award is delivered to the designated student.
B.The Vice Chair shall:
1. Perform the duties of the Chair in his/her absence.
2.Perform such duties as are assigned by the Chair.
3.Sign all signature cards held at various financial institutions, along with all other Officers.
4.Review the Treasurer’s report each month and any supporting information which shall include copies of all checks and bank reconciliation, as needed to verify all transactions are legitimate.
C.The Secretary shall:
1.Record minutes of all meetings and send electronically to all Executive and Governing Board members. Meeting minutes should be available through request with sensitive personal information redacted, with the board's approval.
2.Handle and maintain all correspondence of the organization for a minimum of three (3) calendar years.
3.Sign all signature cards held at various financial institutions, along with all other Officers.
D.The Treasurer shall:
1.Maintain complete and accurate donor receipt records by calendar year and ensure that annual charitable contribution disclosure statements are distributed to donors as needed by no later than January 31st of each subsequent calendar year.
a.Ensure all tax documents are submitted appropriately.
b.Annually, prior to May 15th of each year, submit the E990.
2.Provide a financial report upon request.
3.Access the monthly bank statement as soon as possible each month and reconcile all accounts.
a.Ensure the Vice-Chair reviews the Treasurer’s report each month and any supporting informationwhich shall include copies of all checks and bank reconciliation, as needed to verify all transactions are legitimate. This will be completed within 30 days of the posted bank statement.
b.Treasurer’s report is reviewed by the board at each periodic meeting.
4. Sign all checks with the Chair, or designee when possible.
a.All expenditures (Check or Debit card)will be approved at board meetings, through email approval, or by having two board members sign the check. If it is completed by email, that record should include the check or transaction number, check or transaction date, amount, payee, and description of the purchase. This will be forwarded to the Treasurer for inclusion in the monthly Treasurer’s report. In addition to the review of the Treasurer’s report the Vice-Chair will monitor all account activities at least once a month to insure no unauthorized expenditures have occurred.
5. Sign all signature cards held at various financial institutions, along with all other Officers.
6. Sign all contracts along with the Chair, after review and approval by the Executive Board.
7. Keep reserved monies of the Fund in separate investment accounts that are FDIC insured.
8.Write checks directly to the vendor when possible to ensure there is no misappropriation of funds. If a check is written directly to a CCESF Board member or other CDOC staff, it should be signed by another authorized CCESF member other than the one who the check is made out to. These reimbursements will be accompanied by receipts and a Reimbursement form.
9.Any Cash/Check funds collected should be jointly sorted, counted, and verified by at least two people. Funds should be taken to the bank within the business week.
10.Annually, prior to August 1st of each year, update the Registered Agent, Mailing Address, Email on the Secretary of State website and note who is filing the document.
E.Governing Board Members shall:
1. Make application forms available for the purpose of scholarship application.
2.Make current By-Laws available upon request.
3.Make donation forms available.
ARTICLE VII–MEMBERSAT LARGE POSITIONS
The Fund may have up to six Members atLarge positions, with a maximum of two who work at the same facility/department.
- Members at Large:
- Will be approved by the Governing Board at the beginning of any meeting.
- Will hold membership for two years, unless extended by the Board.
- Will lose membership if they do not attend at least one meeting per fiscal year.
- May not hold Governing Board or Executive Board positions.
- Will have voting authority.
- May participate in all meetings.
- May be selected or appointed to committees.
- May fill an interim Governing Board position vacancy if they work at the location of the vacancy.
ARTICLE VIII - MEETINGS
A.Governing Board meetings shall be conducted at least twice annually. The Governing Board election meeting shall be held in October and the Scholarship Award meeting shall be held in July and December. Notice of such meetings shall be posted electronically.
B.Special meetings may be called by the Chair, or upon written request of at least three Governing Board members.
C.The meetings of the Fund shall be conducted in accordance with "Robert's Rules of Order", as revised, except where modified by the By-Laws of this Fund.
ARTICLE IX - SCHOLARSHIP FUNDS
A.Scholarship funds are defined as any amount above thereserve determinedby the Governing Board.
B.Any scholarship funds will be held and utilized as directed by the Governing Board.
C.Scholarship renewals must be accompanied by a report card showing the student has maintained a grade point average of 2.0 or higher for the previous semester.
ARTICLE X - RESERVED FUNDS
A.The amount of the reserved funds will be set by the Governing Board as needed to perpetuate scholarships.
B.The reserved funds shall be invested in a secured FDIC insured account. The principal and interest may be used for the designated purpose of the Fund.
ARTICLE XI- AMENDMENTS
A.The By-Laws may be amended or revised by an affirmative vote of two-thirds of all Governing Board members present at a meeting designated for that purpose.
B.The By-Laws shall be updated to include any approved amendment/revision and posted electronically to the CCESF Website.
C.A committee of three, appointed by the Chair, shall review and evaluate By-Laws every five years or as necessary.
ARTICLE XII - DISSOLUTION
The duration of the Fund shall be perpetual. However, in the event of dissolution of the Fund, remaining assets after the satisfaction of all obligations of the corporation shall be distributed for purposes of providing continuing educational and or charitable benefits within the scope of Section 501(c) (3) of the Internal Revenue Code of 1986, as amended, and the statutes of the State of Colorado regarding the dissolution of a nonprofit corporation.
ARTICLE XIII - NEGOTIABLE INSTRUMENTS
All checks, drafts, bills of exchange, notes, or other obligations or orders for the payment of money shall be signed in the name of the Fund by such officers or persons as the Governing Board of directors of the Fund may from time to time designate by resolution.
Revised 11/6/2018