BY-LAWS OF THE
NEBRASKA ENTERPRISE OPPORTUNITY NETWORK (NEON)
AS AMENDED March 14, 2005
|
ARTICLE
II. STATEMENT OF PURPOSE ARTICLE
IV. MEETINGS OF MEMBERS |
ARTICLE
VIII. CONTRACTS, CHECKS, AND OTHER FINANCIAL DOCUMENTS ARTICLE
XII. EVALUATION |
Section 1. NAME. The name of
this association is the Nebraska Enterprise Opportunity Network (NEON).
Section 2. STRUCTURE. NEON is
a membership association of programs and organizations providing and supporting
micro lending and business training assistance to micro, start-up, home-based,
and other small businesses in rural and urban Nebraska. The Nebraska Microenterprise Partnership
Fund (NMPF), a non-partisan, non-profit corporation organized under the laws of
the State of Nebraska and exempt under section 501(c)(3) of the federal
Internal Revenue Code, serves as NEON's fiscal sponsor .
Section 3. DEFINITION. A
microenterprise is a business entity which has fewer than five (5) employees,
does not generally have access to the commercial banking sector, and can use
basic business assistance and/or financing of $35,000 or less.
Section 4. FISCAL YEAR.
NEON's fiscal year shall be the same as its fiscal sponsor.
ARTICLE II. STATEMENT OF PURPOSE
NEON is a membership
association organized to serve and support microenterprise development programs
in rural and urban Nebraska. NEON provides inter-program networking and
learning as well as a public voice for microenterprise development strategies
and public policies.
Section 1. QUALIFICATIONS. To
be eligible for membership, an organization, government program, or individual
must:
a)
Have
an interest in supporting the microenterprise environment in the State of
Nebraska.
b)
Pay
annual membership dues.
Section 2. MEMBERSHIP LEVELS AND SERVICES. There are two categories through which
individuals and/or organizations may participate in NEON.
2.1 Regular Membership: Membership for individual and
organizational includes a) ability to vote; b) election and/or service to committees;
c) access to scholarships; d) receipt of newsletter; and e) reduced fees to
NEON events. Organizational members
will be required to assign membership to a specific person.
2.2 Affiliate Membership: This is for individuals or organizations that
support NEON, but do not want involvement in the administration activities of
NEON. Dues structure is as follows:
a) Bronze
b) Silver
c) Gold
d)
Platinum
An Affiliate
Membership includes a) receipt of the newsletter and b) reduced fees to NEON
events. Funders of NEON will be granted
Platinum membership status. Dues amount
will be established by the Executive Committee.
Section 3. DUES:
The amount, frequency, and calendar dates of payment of such dues shall
be determined by the Executive Committee.
Membership dues shall be determined annually by the Executive Committee
at its first meeting of the year.
Section 4. RESIGNATION OF MEMBERS: Members may
resign by giving notice to that effect to the Secretary or Membership Chairman.
Section 5. REMOVAL FROM MEMBERSHIP: a) Membership
may be terminated by the Executive Committee for non-payment of dues, fees,
and/or assessments after ninety (90) days from the date of billing. b) Removal from membership for any cause
other than non-payment of dues, fees, and/or assessments must be made by a
simple majority vote of the membership.
ARTICLE IV.
MEETINGS OF MEMBERS
Section 1. ANNUAL MEETING OF
MEMBERS. An annual meeting of NEON's membership shall be held at a time and
place to be determined by the Executive Committee. Failure to hold the annual
meeting at the designated time shall not work a dissolution of the
organization.
Section 2. SPECIAL MEETINGS
OF THE MEMBERS. Special meetings of the members may be called by the Chairperson
of the organization with the consent of the majority of the Executive
Committee; and/or upon written request of ten members, a special meeting shall
be called by the Secretary. In case of a special meeting, the purpose or
purposes for which the meeting is called shall be stated in the notice, which
shall be given at least 15 days prior to the meeting.
Section 3. REGULAR MEETINGS
OF MEMBERS. Written notice stating the place, day and hour of the meeting shall
be mailed/electronically sent normally not less than 30 days before any meeting
by the Secretary to each member.
Section 4. QUORUM. A quorum
shall consist of at least three (3) Executive Committee Members and a minimum
of five (5) other members for the purposes of conducting business matters.
Section 5. VOTING PROCEDURE.
Each Regular member shall have one vote. There shall be voting by mail
or proxy for issues such as by-law changes, the election of Executive Committee
Members, and/or other matters as explicitly determined by the Executive
Committee.
ARTICLE V. EXECUTIVE COMMITTEE
Section 1. QUALIFICATIONS.
Any NEON Regular member in good standing may be elected to the Executive
Committee. One position may be filled
by an Affiliate member in good standing.
Section 2. ELECTION OF
EXECUTIVE COMMITTEE. The Executive Committee shall consist of seven (7) members
to be elected at the annual meeting of the organization four (4) for a
two (2) year term. Alternating each
year, there will be three or four positions on the executive committee that
will be open for election. No member
shall serve more than two consecutive, full two-year terms. The number of
members serving on the Executive Committee may be changed as determined by the
membership at the annual meeting. One representative per member microenterprise
organization and representation based on statewide geographical dispersion is
the preferred selection process, when feasible.
The Executive Committee shall
also have two ex-officio positions. The
first position will be filled by the Director of NEON’s fiscal sponsor. This shall be a non-voting position. The second position will be open to the
immediate Past-Chair of NEON’s Executive Committee filled at the discretion of the
immediate Past Chair. This will be a
non-voting position.
Section 3. NOMINATIONS. Prior
to NEON's annual meeting, the Executive Committee shall nominate from the
membership to fill current and projected Executive Committee vacancies. Such
nominations should reflect the full diversity of NEON's membership and efforts
shall be made to assure that the majority of the Executive Committee members
represent practitioner organizations. Nominations shall also be accepted from
the floor at the annual meeting.
Section 4. VACANCIES. The
Executive Committee shall elect a replacement from NEON's membership, using the
criteria set out in Article V. Section 2, when an Executive Committee member
resigns or fails to attend two consecutive Executive Committee meetings without
explanation.
Section 5. QUORUM. A simple
majority of the Executive Committee shall constitute a quorum for the
transaction of business.
Section 6. VOTING. All
Executive Committee voting shall be done in person or by electronic conference.
There shall be no voting by mail or proxies.
Section 7. DUTIES OF
EXECUTIVE COMMITTEE. The Executive Committee shall conduct business and affairs
of the organization.
Section 8. PUBLIC ACCESS. The
full membership and public shall have reasonable access concerning NEON's
business and affairs, including records of the meetings of the Executive
Committee and any other NEON committees, in accordance with procedures approved
by the Executive Committee.
Section 9. NOTICES AND MINUTES. Meeting notices and
minutes of the Executive Committee shall be sent via U.S. mail or electronic
mail to each member of the Executive Committee.
Section 1. ELECTION. The
officers of the organization shall be Chairperson, Vice Chairperson, Secretary,
and Treasurer. The officers, chosen annually by the Executive Committee, shall
hold office until their successors are elected and qualified. Officer positions
may be combined by the Executive Committee.
Section 2. CHAIRPERSON. The
Chairperson should attend all NEON meetings and shall act as the chief
executive officer of the organization, serve as exofficio member of all NEON
committees, and perform or delegate such other duties as the membership may
require.
Section 3. VICE CHAIRPERSON.
The Vice Chairperson should attend all NEON meetings and shall perform
all duties incumbent upon the Chairperson during the absence or disability of
the Chairperson and shall perform such other duties as the membership may
require.
Section 4. SECRETARY. The
Secretary should attend all NEON meetings and shall keep a true and complete
record of the proceedings of such meetings. The Secretary shall keep an
accurate record of active members. The
Secretary shall attend to the giving and serving of all notices of the
organization and shall perform or delegate such other duties as the membership
may require. The Secretary may, with
the consensus of the Executive Committee, delegate duties under this office to
a staff member.
Section 5. TREASURER. The
Treasurer shall keep correct and complete accounts showing, at all times, the
financial condition of the organization. The Treasurer shall have charge of and
be responsible for all funds and securities of the organization. The Treasurer
shall deposit all funds of the organization in a Federal Deposit Insurance
Corporation Member bank to be designated by the Executive Committee. Withdrawal
of funds shall be consistent with procedures established by NEON's fiscal
sponsor. The Treasurer may, with the
approval of the Executive Committee, delegate bookkeeping responsibilities to a
contracted service with the Treasurer’s guidance and oversight.
The following committees will
be considered standing committees for the purposes of the NEON organization.
Section 1. MEMBERSHIP
COMMITTEE. The Membership Committee will develop maintain and bring forth
membership section changes of by-laws of the organization to the Executive
Committee and the membership, recruit and maintain the members, keep the
membership aware of the organization's activities and any other related duties
determined by the Executive Committee.
Section 2. POLICY COMMITTEE.
The Policy Committee shall make policy recommendations to the Executive
Committee and assist in pursuing such approved policies, as well as any other
related duties determined by the Executive Committee.
Section 3. TRAINING COMMITTEE.
The Training Committee shall plan training recommended by members, as well as
any other related duties determined by the Executive Committee.
Section 4. MARKETING
COMMITTEE; The Marketing Committee
shall promote and develop NEON and its programs as they relate to
microenterprise programs in the state of Nebraska as well as any other related
duties determined by the Executive Committee.
Section 5. RESOURCES
COMMITTEE: The Resources Committee
shall seek financial resources to assist NEON and its members as well as any
other related duties determined by the Executive Committee.
Section 6, NOMINATIONS COMMITTEE: The Nominations Committee shall work to
recruit members to run for Executive Committee positions as well as any other
related duties determined by the Executive Committee.
Section 7. OTHER COMMITTEES.
The Executive Committee has the authority to appoint any additional committee
or committees as they deem necessary in carrying out the stated purpose of this
organization.
Section 8.
CHAIRPERSON. An Executive Committee member shall serve as chairperson of each
standing committee for such term as is determined by the Executive Committee.
Each committee chairperson will conduct their respective committee meetings and
act as liaison between the standing committee and the Executive Committee in
all matters. Each chairperson shall be responsible for including and recruiting
general NEON members into the activities of the standing committee.
ARTICLE VIII. CONTRACTS, CHECKS, AND
OTHER FINANCIAL DOCUMENTS
Section 1. CONTRACTS. The
Executive Committee may authorize any officer or officers, agent or agents, to
enter into any contract or execute and deliver any document or instrument in
the name of and on behalf of the organization, and such authority may be general
or confined in specific instances. This may include contracts with volunteers
or paid individuals including members, to staff NEON activities and business.
All contracts will be reviewed by and in compliance with NEON's current
fiscal sponsor. All contracts will be signed by the Chairperson and Treasurer
of the Executive Committee.
Section 2. LOANS. No loans
shall be contracted on behalf of the organization and no evidence of
indebtedness shall be issued in its name unless authorized by a resolution of
the Executive Committee. Such authority may be general or confined in specific
instances. All loan agreements will be signed by the Chairperson or Treasurer
of the Executive Committee.
Section 3. CHECKS, ETC. All
checks, drafts or other orders of payment of money issued in the name of the
organization shall be signed by two individuals, these individuals to include the officers
and/or the Administrative Coordinator of the organization in such
manner as shall from time to time be determined by resolution of the Executive
Committee.
Section 4. DEPOSITS. All
funds of the organization not otherwise employed shall be deposited to the
credit of the organization in such banks as the Executive Committee may select.
Section 5. GIFTS. The
Executive Committee may accept on behalf of the organization any contribution,
gift, bequest, or devise for the general purposes or for any special purpose of
the organization.
The organization shall keep
correct and complete books and records of account and shall also keep minutes
of the proceedings of all meetings and shall keep a record giving the names and
addresses of the members entitled to vote. All books and records of the
organization may be inspected by another member through procedure established
by the Executive Committee.
All meetings of the
organization or of any committee shall be conducted by ground rules approved by
the Executive Committee. Any situations not covered by the approved ground
rules shall be resolved by Robert's Rules of Order.
These by-laws may be altered,
amended, or repealed or new by-laws adopted by simple majority vote of the
membership. Notice of proposed amendments to the by-laws shall be given 30 days
prior to any meeting of the membership via U.S. mail, electronic mail, and/or
newsletter with a vote to be held at the membership meeting or by proxy.
ARTICLE XII. EVALUATION
The Executive Committee shall
conduct an annual evaluation of NEON by surveying its membership at its annual
meeting each year. This evaluation may
be completed in person, by telephone, or by electronic or U.S. mail. Failure to conduct the survey shall not work
a dissolution of the organization. The
Executive Committee will review the evaluation information and update the
strategic plan annually.
2005 NEON