Constitution & Bylaws
PREAMBLE
The West Virginia Music Teachers Association, Incorporated, an affiliate of the Music Teachers National Association (MTNA), in order to further the art of music; and to promote the growth and professional development of its members by providing programs that encourage and support teaching, performance, composition, and research; and being a not-for-profit organization whose funds are used solely to accomplish these objectives, does hereby adopt this Constitution and Bylaws.
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CONSTITUTION
ARTICLE I - MEMBERSHIP
Section 1. Membership classifications and privileges shall be prescribed in the Bylaws of West Virginia Music Teachers Association, hereinafter designated as WVMTA or as the Association.
Section 2. Membership dues shall be established by the Administrative Board.
Section 3. Membership in the Association may be terminated by the member or revoked by the Association as prescribed in the Bylaws.
ARTICLE II – OBJECT
Section 1. Said organization is organized exclusively for charitable, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Section 2. No part of the net earnings of the organization shall inure to the benefit of or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation to services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the
publishing or distribution of statements), any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on
(a) by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or
(b) by an organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Section 3. In the event of the dissolution of this organization, any funds remaining in the treasury after the payment of any outstanding debts shall be contributed to MTNA.
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ARTICLE III -AFFILIATED LOCAL ASSOCIATIONS
Section 1. Any city, town or district music teachers association may become and remain affiliated by fulfilling the requirements of membership as stated in the Constitution and Bylaws.
Section 2. The Administrative Board may suspend or terminate any affiliated Association at any time for justifiable cause, as outlined I in the Bylaws, subject to ratification of this action by the WVMTA ~ Administrative Board.
ARTICLE IV -OFFICERS
Officers of the Association shall be a President, President Elect, First Vice President, Second Vice President, Secretary, Treasurer, and Immediate Past President. The manner of election and the duties of each officer shall be defined in the Bylaws.
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ARTICLE V -ADMINISTRATIVE BOARD
Section I. The Administrative Board shall be composed of the President, President Elect, the Vice Presidents, Secretary, Treasurer, immediate Past President, the District Chairs, Newsletter Editor, Certification Chair, and Community Outreach and Education Chair.
Section 2. The Administrative Board shall determine policies of the Association within the limits of the Constitution and Bylaws. It shall actively pursue the purposes of the Association and shall have discretion in the disbursement of all funds of the Association. It may adopt such rules and regulations for the conduct of Association business as shall be deemed advisable and may, in the execution of the powers granted, appoint such agents as it may consider necessary.
Section 3. In order to transact business a quorum consisting of a majority of the Administrative board must be present, at least one of them being the President or President Elect.
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ARTICLE VI -Committees
The President, subject to the approval of the Administrative Board, shall appoint such standing and committees and chairs may be required by the Constitution and Bylaws, or as he or she may deem beneficial to the Association. The President shall be a member of all committees except the Nominating Committee.
ARTICLE VII -MEETINGS
Section 1. There shall be an annual meeting of the Association, time and place to be determined by the Administrative Board. Notice of such meeting shall appear in the official Association publication at least thirty (30) days prior to the time appointed. At this meeting, the President shall permit the general membership to bring forward items for consideration.
Section 2. A majority of members attending the annual convention shall constitute a quorum for the transaction of official business.
Section 3. The administrative Board shall meet three (3) times each year. Special meetings of the Administrative Board may be called by the President, or upon the request of a majority of the Administrative Board, or upon a signed petition from 15% of the active members of the Association.
Section 4. The rules contained in the current edition of Robert's Rules of Order shall govern the Association in all cases to which they are applicable, and in which they are not inconsistent with the Constitution and Bylaws of the Association or any special rules of order the Association may adopt.
Section 5. The President may appoint a parliamentarian to provide opinion during various meetings.
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ARTICLE VIII -PUBLICATION OF CONSTITUTION AND BY- LAWS
The WVMTA Constitution and Bylaws shall be printed and distributed to new members and to the whole membership as needed when the constitution and/or Bylaws are amended.
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ARTICLE IX -AMENDMENTS
Section 1. This Constitution may be amended upon the recommendation of the Administrative Board at any annual session of the Association by a two-thirds vote. Written notice of the proposed amendment(s) must be submitted to the membership of WVMTA at least thirty (30) days in advance of the session.
Section 2. Upon the recommendation of the Administrative Board this Constitution may be amended by a mail ballot. Approval by a two-thirds vote shall constitute amendment. The ballot and proposed amendments must be submitted to the members of WVMTA at least thirty (30) days in advance of the required return date. The date for return of the completed ballots must be clearly stated on the ballot.
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BYLAWS
ARTICLE I -MEMBERSHIP
Section 1. Active Membership shall be open to all individuals professionally engaged in any field of music activity. Those persons holding Active Membership shall be entitled to participate in all Association activities and programs, to vote, hold office, and receive the official Association publications. WVMTA strongly encourages its members to abide by the MTNA Code of Ethics.
Section 2. Student membership shall be open to all students from grade seven through the age of twenty-six (26) currently involved in regular music study. Any student beyond the age of twenty-six (26) who enrolls in a college, university, or conservatory as a full-time music student shall have the option of Student Membership for a period not to exceed four (4) consecutive years. Student members shall be entitled to attend programs of the Association upon payment of the registration fee and to receive the official Association publications, but shall not have the right to hold office, apply for national certification, or enter students into MTNA competitions.
Section 3. Patron Membership shall be open to all individuals and businesses who wish to support the programs of the Association. Patron members shall be entitled to attend programs of the Association, and to receive the official Association publications, but shall not have the right to vote or hold office.
Section 4. All Active and Student members of the West Virginia Music Teachers Association must be members of the Music Teachers National Association.
ARTICLE II - REVOCATION OF MEMBERHIP
No person who has been convicted of a crime involving the sexual or other abuse of a person shall be a member of WVMTA. Any accusation that a member of WVMTA has been convicted of a crime involving sexual or other abuse of a person shall be reported to the President of WVMTA, who shall immediately report the accusation to the president of MTNA, who shall appoint a three-person committee to ascertain the validity of a conviction. If the committee substantiates that a person has been convicted of a crime involving sexual or other abuse of a person, the President of MTNA shall immediately terminate the membership and the certification of that person. Any action authorized by the MTNA President in this resolution may be appealed to the Board of Directors of MTNA. Any membership terminated under this section shall be reinstated upon the filing with the MTNA President of a certified copy of the judgment reversing the conviction.
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ARTICLE III -FISCAL YEAR
The fiscal year begins on July I and ends on June 30. In the event of the dissolution of this organization, any funds remaining in the treasury, after the payment of any outstanding debts, shall be contributed to the MTNA Foundation.
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ARTICLE IV – MEMBERSHIP YEAR
Section 1. The membership year, except for that of student membership, shall coincide with the fiscal year, July 1 to June 30. The student membership year shall be October I to September 30.
Section 2. Annual dues shall be due on the first day of the membership year, after which date members are not in good standing nor entitled to any of the privileges of membership until dues are paid -for the current membership year.
ARTICLE V -ELECTION OF OFFICERS
Section 1. A nominating committee consisting of the immediate Past President and two other members shall be selected by the Administrative Board in its final session of the state convention prior to the one at which new officers are to be elected.
Section 2. The nominating committee shall submit to the President at least thirty days prior to the election the names of one candidate for each office. The proposed slate of officers shall be announced in the final newsletter prior to election. At least twenty-four (24) hours prior to election, any WVMTA member may submit in writing the President, with the approval of the candidate, an additional nominee fur any office.
Section 3. If no additional nominees are received by the President, the nominees presented by the nominating committee shall be considered elected by acclamation. In the event additional nominations are made, the President shall appoint tellers, who will be responsible for distributing, collecting, and counting the ballots and reporting the results to the secretary. Those candidates receiving the highest number of votes shall be declared elected for a term of two years.
Section 4. The regular term of office for all elected officers (except the Treasurer) shall begin with the adjournment of the meeting at which they are elected. The term of office for the Treasurer shall begin on January 1 following election. No person shall hold the same office for more than four consecutive years.
Section 5. No officer may hold a national, division, or state office concurrently except the Immediate Past-President.
Section 6. A vacancy in any office, except that of president, shall tie filled by the President in consultation with the Administrative Board. A President Elect selected in this manner cannot assume the office of President without being elected to that office.
ARTICLE VI -DUTIES OF WVMTA OFFICERS
Section 1. The President presides at meetings of the Association, calls and presides at meetings of the Administrative Board, appoints all standing and special committees as needed, and performs all other duties implied by this title.
Section 2. The President Elect shall assume all duties of the President in the absence of that officer and shall be responsible for planning the annual convention.
Section 3. The First Vice President shall serve as the Chairman of the District Chairs/Local Associations Chairs, administrate all competitions at the state level, and compile and send out start-up materials (Constitution, Performance Plan, complete Theory Set, complete Technique Set, Reimbursement-Adjudicator Payment Forms, misc. forms) to new Chairs of new Districts/Local Associations.
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Section 4. The Second Vice President shall serve as the State Membership Chairman, shall coordinate publication of the membership directory, shall send out welcoming materials (Letter of welcome, Constitution, Auditions Plan, Directory, District-choice inquiry) to all new members, shall keep District Chairs/Local Associations Chairs and Newsletter Editor apprised of member statistics (renewals, non-renewals, new members), shall make the effort to contact non-renewals to reenroll, and shall perform such other duties as may be designated by the President and Administrative Board.
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Section 5. The Secretary keeps the minutes of all meetings of the Association and Administrative Board, maintains files of reports from various offices, sees that the minutes are in legal form and properly preserved, distributes copies of minutes to all members of the Administrative Board and Committee chairmen, and performs other duties as may be designated by the President and the Administrative Board.
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Section 6. The Treasurer is responsible for the payment of all bills authorized by the Administrative Board, keeps an itemized account of all receipts and disbursements, presents a financial report to the President and Administrative Board upon request, prepares a written annual report to the entire membership, files an annual tax exemption statement with the Internal Revenue Service, and submits all records to an auditing committee of two, selected from the J membership by the Finance Committee.
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Section 7. The Immediate Past-President shall attend all regular and called meetings and shall serve as Chairman of the Nominating Committee.
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ARTICLE VII -AFFILIATED LOCAL ASSOCIATIONS
Section 1. Any city, town or district music teachers association may petition to the Administrative Board for affiliation in WVMTA by providing evidence that the following requirements have been fulfilled:
(a.) That two (2) copies of the Local Association governing document(s) (e.g., Constitution, Bylaws, Articles of Incorporation) have been filed with the Secretary and that they are consistent with those of WVMTA.
(b.) That its fiscal and membership year coincide with that of WVMTA.
Section 2. Upon determining that a petitioning local music teachers association has fulfilled the requirements of Section one ( I) of this Article, WVMTA shall approve the petition.
Section 3. In referring to its affiliation, each Local Association shall use the phrase "Affiliated with the West Virginia Music Teachers Association." This specified phrase shall be included in the constitutions of all affiliated Local Associations.
Section 4. If a local music teachers association has affiliated with WVMTA as a Local Association, all members of that Local Association must be members of both WVMTA and MTNA.
Section 5. Annual renewal of a Local Association shall be made without reconsideration by WVMTA provided:
(a.) That the affiliate has not formally notified WVMTA that it wishes to discontinue affiliation.
(b.) That all changes in the Constitution and Bylaws of the affiliated Local Association have been filed with WVMTA, that they are consistent with the Constitution and Bylaws of WVMTA, and have been approved by WVMTA.
(c.) That all provisions of Section one (I) and four (4) of this Article continue to be fulfilled.
ARTICLE VIII -STANDING COMMITTEES
The Finance Committee shall consist of the President, President Elect, and Treasurer. The Treasurer shall serve as chair of this committee. The Committee shall submit to the Administrative Board for approval an annual budget based on recommendations of the WVMTA Treasurer. The Committee shall authorize an audit at the end of each odd-numbered fiscal year. The Committee shall be responsible for all financial records of the Association.
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ARTICLE IX -AMENDMENTS
Section 1. These Bylaws may be amended upon the recommendation of the Administrative Board at any of its meetings by a two-thirds vote. Written notice of the proposed amendment(s) must be submitted to the WVMTA Administrative Board at least thirty (30) days in advance of the meeting.
Section 2. Upon the recommendation of the Administrative Board, these Bylaws may be amended by a two-thirds vote via a mail ballot. The ballot and proposed amendment(s) must be submitted to the Administrative Board members at least thirty (30) days in advance of the required return date. The date for return of the completed ballots must be clearly stated on the ballot.
Adopted by vote of membership -1966 Revised by vote of membership-1970, 1976,1983,1985,1996, 2000.
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