Section 1. Duties of the President
a) The President is the Chief Administrative Officer of the Association and Chairman of the Executive Board. The President presides over all meetings of the Association and conducts them in accordance with parliamentary rules and in conformity with this Constitution.
b) The President appoints all committees deemed necessary or as the Board may direct, with the exception of the Election Committee. The President is an ex officio member of all committees with the exception of the Election Committee.
c) The President shall sign all official documents of the Association, shall draw vouchers on the Secretary Treasurer for such sums of money as the President’s activities require and shall have authority to co-sign checks disbursed by the Association. The President shall have broad power to administer the day-to-day affairs of the Association and to spend necessary funds therefore. However, neither the President, nor any other Executive Officer may use SCCEA funds to purchase real property, purchase vehicles, or benefit themselves personally in any way. The previous sentence shall not be construed as to prevent Executive Officers from entering into leases for the Association use of real property or goods (as long as such lease is in the financial best interest of the Association), expenditure of sums for the purchase of food and/or goods for meetings and special events, Association-related travel and lodging, or similar collateral expenses which may benefit Members in the course of Association activities. In the event that one or more automobiles are leased for Association business, electronic communication devices are leased/purchased for Executive Officers, or some other item that has utility both for Association business and potential personal use, such items are strictly forbidden from being used for personal business of any type. Finally, any expenditures expected to exceed Two Thousand Five Hundred (2,500) Dollars per transaction, must be approved by a recorded vote of the Executive Board.
Section 2. Duties of the 1st Vice-President
a) The 1st Vice President shall assist the President in conducting all meetings, and in the absence of the President shall perform all duties delegated by the President.
b) The 1st Vice President shall perform such other duties as the Board or President may direct. The 1st Vice President shall have authority to co-sign checks disbursed by the Association.
Section 3. Duties of the 2nd Vice-President
a) The 2nd Vice President shall perform the duties of the 1st Vice President in the absence of the 1st Vice President.
b) The 2nd Vice President shall perform such other duties as the Board or the President may direct. The 2nd Vice-President shall have authority to co-sign checks disbursed by the Association.
Section 4. Duties of the Secretary Treasurer
a) The Secretary Treasurer shall have charge of all funds of the Association, which shall be deposited in banks and/or financial institutions as soon as possible.
b) The Secretary Treasurer shall keep a record of all monies received and disbursed by the Association. The Secretary Treasurer shall have authority to co-sign checks and shall keep a record of vouchers for a three (3) year period as evidence of disbursements. The Secretary Treasurer shall also keep a detailed record of the mileage of any Association-leased vehicles (if any). Evidence that such a vehicle has been used for non-Association purposes shall be promptly reported to an Executive Officer or other member of the Board of Delegates. If such non-Association use is verified by a simple majority vote of the Board of Delegates after a discussion of the evidence, the driver who used such vehicle for non-Association purposes shall pay to the Association the sum of $1.00 for each mile deemed driven for personal purposes. A failure to pay such sum will be deemed misconduct and will subject such member to removal from office.
c) The Secretary Treasurer shall make a financial report at all regular meetings and maintain a roster of names, addresses, and e-mail addresses of Members.
Section 5. Duties of the Recording Secretary
a) The Recording Secretary is the recording officer of the Association and the custodian of the minutes of the Association.
b) The Recording Secretary may assist the Secretary Treasurer, if necessary.
Section 6. Term of Office
Executive Officers shall be elected for a three year term.
Section 7. Nominations for Offices of the Executive Board
a) At the General Membership meeting held in the month of April, nominations will be accepted for positions on the Executive Board whose terms are expiring. All nominees must be Members in good standing for the preceding 12 months. There shall be no limitation on the number of nominees for any office. Nominees must be physically present to accept or decline nomination for a particular office, unless working verifiable overtime, an evening shift, is ill, or unable to attend because of a death in the immediate family, or on approved annual leave. A physically absent nominee must notify an Executive Board member, in writing and in advance of the meeting (if possible) of his/her willingness to accept nomination. If nominee’s absence is caused by one of the previously-mentioned events arising on the same day as such meeting, such absent nominee must notify a member of the Executive Board of his/her willingness to be nominated, in writing, within 3 days of such meeting. Verification of an absent nominee’s reason for his/her absence may be required. Write-in candidates are not permitted. If no nominations are received, the President shall have the discretion to appoint a Member to fill an open Executive Officer position so long as a majority of the Delegates present at the General Membership meeting approve.
b) An election will be conducted of the Membership in good standing no earlier than 10 days from the date of the April meeting. Good standing shall be determined pursuant to Article 3, Sections 2 and 3 of this Constitution, on the day ballots are mailed or electronic voting commences.
c) Elections shall be conducted under the supervision of the Election Committee, which shall have 3 members elected by a simple majority of the Members present at the April Membership meeting. No Member nominated to run for a position on the Executive Board may be a member of the Election Committee. In addition to traditional paper ballots, the election may be held, at the discretion of a majority of the Executive Board, via electronic means including, but not limited to, secure third-party online voting software accessible by computer or handheld electronic device, software created exclusively for the SCCEA, or similar. Such electronic voting shall record the fact that a particular Member voted, but each Member’s vote will be secret. Members will be provided, by e-mail (to the Member’s address on record with the Association), a hyperlink or password with which to cast their electronic vote(s). At noon on the 15th day after the mailing of paper ballots and/or the opening of voting via electronic means, all votes will be tallied. In the event electronic voting is used, the 3 members of the Election Committee who would normally count paper ballots will, instead, obtain access to the secret electronic results. It shall be the duty of the Election Committee to verify election and submit to the Executive Board a written statement indicating the results of the election.
d) A plurality of all valid ballots counted shall be required for election. In the event of a tie between the nominees obtaining the greatest number of votes for a particular Executive Board position, there shall be a re-vote of those tied nominees.
Section 8. Vacancy on the Executive Board
In the event of a vacancy of any Executive Officer, a special election shall be held within 60 days of the occurrence of such vacancy, to fill such position for the remainder of its term. The SCCEA will accept nominations for such vacancies, as well as nominations for three Election Committee members, by mail or e-mail for 5 days after informing the Membership of such vacancy or vacancies. If more than three nominations are received for Election Committee members, the Executive Officers will draw three by lot. After the 5th day following the notification of the Membership regarding the vacancies, ballots will be mailed or electronic voting may commence by Members in good standing on that day. Counting of paper ballots (or accessing electronic vote tallies) by the Election Committee members will commence at noon on the 15th day following the mailing of ballots or the start of electronic voting. The nominee receiving a plurality of votes will be deemed the winner. In the event of a tie between the nominees obtaining the greatest number of votes for a particular Executive Board position, there shall be a re-vote of those tied nominees. If no nominations are received, the President shall have the discretion to appoint a Member to fill the vacancy so long as a majority of the Executive Officers approve. Pending such election, the 1st Vice-President shall fill the position of President if such position is vacant. No special election shall be called if such vacant term of office is due to expire within 6 months.
Section 9. Qualifications for Continuation in Office
No person shall hold office in the Association as an Executive Officer or Delegate who is not employed by the State of New York Unified Court System and a Member in good standing of the Association. In the event that a person holding office in the Association ceases to be employed by the State of New York Unified Court System or ceases to be a Member in good standing of the Association, the position held by that person shall be deemed vacant.