Wisconsin Clerks of Circuit Court Association

CONSTITUTION AND BY-LAWS

OF THE

WISCONSIN CLERKS OF CIRCUIT COURT ASSOCIATION

Revised October, 2007

CONSTITUTION AND BY-LAWS

OF THE

WISCONSIN CLERKS OF CIRCUIT COURT ASSOCIATION

ARTICLE I NAME AND PURPOSE

SECTION 1 - NAME

The name of this organization shall be the WISCONSIN CLERKS OF CIRCUIT COURT ASSOCIATION.

SECTION 2 – MISSION STATEMENT

To promote the smooth administration of justice

To provide an organization to improve operations in Circuit Courts

To provide opportunities for further education and exchange of information

To promote change for improvement of court operations

To assist the membership in their responsibilities and service to the public

To foster communication with the legislature

To promote an understanding of the legislative process as it affects the Courts

ARTICLE II MEMBERSHIP

SECTION 1 - REGULAR MEMBERSHIP

(A) Eligibility for regular membership shall be limited to the Clerks of Circuit Court of all counties of the State of Wisconsin.

(B) A member in good standing is a Clerk of Circuit Court who is current in their payment of annual dues.

(1) have voting privileges,

(2) be eligible to hold an office in the Association,

(3) be eligible to serve on committee of the Association and

(4) be eligible to serve as an Association representative on external committees.

SECTION 2 - ASSOCIATE MEMBERSHIP

(A) Associate membership may be awarded to Deputy Clerks of Circuit Court, certified for membership by the Clerk of Circuit Court. There may be one such Associate Member from each county. If the Clerk of Circuit Court is unable to attend annual meetings or committee meetings, the Associate Member shall be permitted to vote and perform all the functions of the Clerk of Circuit Court, provided such authority is given, in writing, certified by the Clerk of Circuit Court, and filed with the Secretary of the Association.

(B) The Clerk of Circuit Court may designate a member of his/her staff to serve on committees or participate in programs for the benefit of this Association and shall not be required to be an Associate Member.

ARTICLE III AMENDMENTS

Proposed amendments to the Constitution shall be submitted in writing to the Executive Committee at least forty-five (45) days prior to any regularly scheduled, statewide, business meeting of the Association. The Executive Committee shall forward to the general membership any proposed amendment with a recommendation to adopt or not adopt the same at least thirty (30) days prior to any regularly scheduled, statewide, business meeting of the Association at which the amendment shall be voted upon. The amendment must be approved by a two-thirds vote of the regular membership present in order to be deemed passed.

ARTICLE IVELECTIVE OFFICES

SECTION 1OFFICERS

The officers of this organization shall consist of the following: President, Vice-President, Secretary, and Treasurer.

SECTION 2DUTIES

The officers shall perform the duties pertaining to their respective office as follows:

(A) The President shall:

· perform the duties traditionally and customarily exercised by the office;

· plan meeting agendas and chair all meetings of the Association;

· act as liaison for the Association; communicating the consensus of the organization

· serve as a member of the Executive Committee;

· be an ex-officio member of all committees;

· appoint all standing committee chairs and members;

· appoint a Parliamentarian to serve during his/her term of office;

· establish ad hoc committees as needed and appoint all chairs and members;

· make appointments to and recommendations for appointments to external committees as needed;

· compile a list of all Clerks of Circuit Court committees and forward to the Association secretary for dissemination to

the general membership by January 30th of each year;

· perform such other duties as designated by the Executive Committee.

(B) The VICE PRESIDENT shall:

· act as the President in the President's absence;

· assume the President's duties if the President is unable to fill his/her responsibilities;

· preside as Chair of the Executive Committee, gather meeting topics, prepare and send Executive Committee meeting

agendas to the membership;

· have Executive Committee voting privileges only in the event of a tie;

· perform such other duties as may be assigned by the President or the Executive Committee.

· take minutes at all Association and Executive Committee meetings;

· distribute the minutes to the membership in a timely fashion;

· prepare agendas for Association and Executive Committee meetings;

· disseminate to general membership yearly list of all clerk of court committee memberships as compiled by the

Association president;

· take roll call of the membership at all business meetings;

· take responsibility for all Association historical records;

· prepare appreciation letters for services rendered to the organization and recognition certificates for years of service;

· supply all new members with a copy of the Constitution and By-Laws

(D) The Treasurer shall:

· collect all Association dues and keep a roll of all Association Members;

· pay all Association bills as approved by the Executive Committee or the President and purchase bonds for Clerks'

retirement recognition;

· maintain accurate financial records for all Association revenue and disbursements;

· invest funds not needed for immediate use per direction of the Executive Committee order

· distribute Association pins for all new Clerks of Court;

· prepare an annual report on all Association revenue and expenditures.

SECTION 3 NOMINATIONS

(A) The President shall appoint a Nominating Committee, which shall consist of no less than three (3) members.

(B) At least 30 days prior to the annual fall meeting, when elections are held, the Nominating Committee shall select the name of at least one eligible member for each position to be filled.

(D) The Chairperson of the Nominating Committee shall make arrangements for the swearing in of the officers immediately following the election with the understanding that actual assumption of duties of the officers will not take place until January 1 of the following year.

SECTION 4 ELECTIONS

(A) Elections for officers shall be held each even calendar year at the annual fall meeting.

(B) Terms of office shall be two years.

(D) Newly elected officers of the organization shall be sworn in at the annual Fall meeting and will take office the following January.

(E) Officers may not consecutively succeed themselves. After holding an office, a member may be a candidate for the same office after two years have elapsed from their previous election as an Association officer.

SECTION 5 REMOVAL FROM OFFICE

(A) Any officer may be removed from their office for just cause by a two thirds vote of the Association membership. The vote mayoccur at any regularly scheduled meeting of the Association, or by e-mail ballot. For such a vote to occur, a written request must be made to an officer of the Association or a member of the Executive Committee. A majority of the membership must be present or must respond to the e-mail ballot for a vote to be valid.

(B) If the vote is by e-mail and one half of the membership fails to return their ballots, the President shall appoint a committee to survey the balance of the membership for their vote.

(C) In the event of a vacancy for any office, the Executive Committee shall appoint a successor for the balance of the term.

SECTION 6STIPENDS

The Secretary and Treasurer will each receive an annual stipend. The Executive Committee will determine the amount of each stipend.

ARTICLE V EXECUTIVE COMMITTEE

SECTION 1 MEMBERSHIP

The Executive Committee shall be appointed by the President. It shall consist of one member from each of the Judicial Administrative Districts of Wisconsin. The four elected officers shall also be members of the Executive Committee. The Vice-President shall be the Chairperson. Substitutes for committee members may be appointed at the discretion of the Committee. Such alternates shall be from the same district as the Committee member being temporarily replaced.

SECTION 2 POWERS AND DUTIES

(A) The Executive Committee shall exercise general supervision over the organization and shall have the power to make administrative decisions between meetings of the organization.

(B) The Executive Committee shall manage and direct the organization's affairs. It shall have the sole authority to incur indebtedness, unless such indebtedness is set forth within this Constitution or within the By-Laws.

SECTION 3 MEETINGS - QUORUMS

(A) The Executive Committee shall hold meetings at the call of the Vice-President or upon written request of a majority of the Committee.

(B) Six (6) members of the Executive Committee shall constitute a quorum for purposes of conducting Association business.

(C) Members of the Association have the right to attend any meeting of the Executive Committee and to state any grievance or request special action pertaining to the welfare of the organization.

ARTICLE VI BUSINESS MEETINGS

(A) The Association shall meet regularly each year in connection with each customarily held seminar and as otherwise deemed necessary by the Executive Committee or President.

(B) A quorum of the Association for any business meeting shall consist of twenty-five (25) regular members.

(C) Each member in good standing shall have the privilege of voting, but without the privilege of proxy, at any meeting of the Association. Voting on advisory referenda may be held by e-mail, upon order of the Executive Committee.

ARTICLE VII COMMITTEES

SECTION 1 - STANDING COMMITTEES

The President shall appoint the following committees:

Program Committee - no less than three (3) members, one member being from the Seminar host county

Legislative Committee - one member from each of the Wisconsin Judicial Administrative Districts

Nominating/Installation Committee - no less than three (3) members

Audit Committee - no less than three (3) members

ARTICLE VII COMMITTEES

SECTION 1 - STANDING COMMITTEES (cont.)

Clerks Accreditation Group - no less than three (3) members

Forms Committee - no less than three (3) members

Collections & Financial Committee

Hospitality Committee - no less than three (3) members with a rotating member from each Seminar's host county.

Special (Ad Hoc) Committees - as deemed appropriate.

SECTION 2 - DUTIES OF THE COMMITTEES

(A) Program Committee - Arrange programs for the annual summer and fall seminars and assist with other education programs upon request. Summer seminars shall be held within the district whose number corresponds with the year. Example: 2001 seminars will be held in District One. The fall seminar shall be held at a location that is central to the state.

(B) Legislative Committee - To be knowledgeable about and notify the Association members of significant pending legislation and to take appropriate action in cooperation with the Supreme Court and the Director of State Courts; to have legislation introduced as directed by the Association.

(C) Nominating/Installation Committee - To present to the general membership, during even years, a slate of officers for elections. To conduct said election at the annual fall meeting of the Association. (Newly elected officers do not take office until January 1st of each odd numbered year.)

(D) Audit Committee - Conduct a yearly audit of the Association's accounts during the annual winter seminar, orally report to the membership at the annual winter business meeting, and prepare a written report for the Secretary, Treasurer and the President no later than thirty (30) days after the annual winter business meeting.

(E) Clerks' Accreditation Group - assess the amount of credit to be awarded for participation in continuing legal education programs.

(F) Forms Committee - Provide input to the Wisconsin Court Records Management Committee on the need for new or revised forms and encourage implementation of the same; act as a conduit for county/local forms that may be beneficial to other Clerks of Circuit Court offices.

(G) Collections and Finance Committee – Work to improve collection efforts to bring in more county-retained monies, reduce the debt owed the courts while upholding the integrity of court orders; no fewer than 5 members of the committee shall be Clerks of Court with the Chair and Co-Chair both being Clerks.

(H) Hospitality Committee - Arrange for a hospitality room and appropriately supply same at each Clerk's seminar; notify the membership of the hospitality room's location prior to the beginning of the event.

(I) Special Committees - the President shall establish special (Ad Hoc) committees as needed and appoint all chairs and members.

SECTION 3 SUBSTITUTES FOR COMMITTEES

Substitutes for committees will be designated as needed by the President.

ARTICLE VIII FINANCES

(A) The Association shall collect annual dues in the amount specified in the By-Laws.

(B) The funds of the Association shall only be used for the purpose of defraying the expenses of the Association incurred in conducting the business of the Association.

(D) The fiscal year shall run concurrent with the calendar year.

(E) The Audit Committee shall present a general income and expense statement orally to the membership at the annual summer meeting. A written report shall be presented in writing to the President andTreasurer no later than thirty (30) days after the annual summer meeting.

(F)Conference Cancellation Policy: Cancellations received within 5 business day prior to the program will receive a full refund. Cancellations less than 5 days will receive an 80% refund. No refund will be given for no-shows and cancellation made the day of the program. The request for refund should be in writing, by fax or e-mail, to the Program Chair and the Association Treasurer.

BY-LAWS

I. AMENDMENTS

The By-Laws may be amended at any business meeting of the Association as long as a quorum exists.

Passed amendments to the By-Laws are to be distributed to the membership, in writing, so that the membership has an updated version of the By-Laws at all times.

II. ROBERT'S RULES OF ORDER

This organization shall be governed by Robert's Rules of Order. The President shall appoint a parliamentarian from within the Association to serve during his/her term of office. The parliamentarian shall not be allowed to vote unless, and only as, a regular member of the Association.

III. DUES

Membership dues for regular members of the Association shall be $125.00 per year and for Associate Members, $50.00 per year. Dues are payable on or before March 1st of each year.

IV. EXPENSES

Expenses for committee members and officers shall be paid as follows:

Meals at the State rate and mileage at the current Federal rate are to be paid to members conducting Association business. State or Federal timelines, however, do not apply. Receipts are not necessary.

Lodging - reimbursement as paid by the committee member or officer; receipts are to be submitted.

The Association will pay travel and registration expenses for the President to attend one national meeting per year. The expenditure amountwill be set by the Executive Committee.

Miscellaneous - upon review and approval of the Executive Committee

V. CONFERENCE REGISTRATION CANCELLATION POLICY

Cancellations received 5 business days prior to the program will receive a full refund. Less than 5 days will receive an 80% refund. No refund will be given for no-shows and cancellations made the day of the program. The request for refund should be in writing, by fax or e-mail, to the Program Chair and the Association Treasurer.

VI. RECOGNITION

An Association pin, in the shape of the State of Wisconsin, shall be purchased for each new Clerk of Circuit Court. The pins will be distributed at the next meeting of the Association, after the new Clerks take office. Replacement pins are the responsibility of each individual Clerk and may be ordered and paid for via the Treasurer.

Departing members of the Association shall be given a certificate of recognition of years of service upon recommendation from the Executive Committee.

Upon retirement, anencasedWisconsin state flag will be presented by the Association in recognition of and appreciation for a Clerk's service and as a member of this Association. If possible, the flag should be one that has flown over the StateCapitolBuilding.

Presidents who have completed elected terms will be given recognition as the Executive Committee deems appropriate.

In the event of a death of a member of the Association or the death of an immediate member of the Association member's

family, the Association shall be represented in whatever manner the President or Executive Committee deems appropriate (i.e. attendance at services, sending of flowers, contribution to a memorial, etc.).

Any prior Clerk of Circuit Court may receive notification of the conferences and be allowed to participate in the social events by paying a $20.00 lifetime membership fee and may make reservations under the Association’s group name. Costs for lodging, meals and other expenses are at their own expense.

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This document is a whole replacement for the CONSTITUTION AND BY-LAWS and amendments thereto of the Wisconsin Clerks of Circuit Court Association dated June 14, 1994 Revisions, having been approved at the business meeting of the general membership, have been implemented: October, 1994, June, 2001, June 2004, February, 2006, June, 2007 and October, 2007.