ADOPTED                         1/31/92                           AMENDED                        2/5/99

AMENDED                        2/1/96                             AMENDED                        2/4/00

AMENDED                        2/7/97                             AMENDED                        10/24/00

AMENDED                      11/08/01                         AMENDED                    11/12/02

AMENDED                        11/07/03                         AMENDED               11/05/04

Maine School Counselor Association (MESCA)

BYLAWS

ARTICLE I:  NAMES AND PURPOSES

SECTION 1.  The name of the association shall be the Maine School Counselor Association (MESCA), a state division of the American School Counselor Association (ASCA) and affiliated with the Maine Counseling Association (MeCA).  This association, also known as a division, shall be autonomous in the conduct of its affairs, consistent with the constitutions and bylaws of ASCA.

 

SECTION 2.  The purposes of the association shall be:

a.      To foster personal and professional relationships among Maine school counselors.

b.      To advance the spirit and the academic discipline of school guidance and counseling.

c.      To promote high standards for school counseling in Maine.

d.      To assume an active role in helping the people of Maine to understand the nature and importance of school guidance and counseling services.

e.      To promote and support the professional growth of school counselors.

f.       To strengthen state legislation and policy which is in the best interest of school counselors and the students and children of Maine.

g.       To publish and disseminate educational and professional materials.

h.       To provide an annual conference on school counseling issues.

 

 

ARTICLE II:  MEMBERSHIP

 

SECTION 1.  Types of Membership.  This association shall include four types of membership:  Professional, Emeritus, Student, and Affiliate.

 

SECTION 2.  Requirements of Membership.  In order to qualify for one of the four types of membership, an individual must meet the following requirements for the membership being sought.

a.       Professional Membership.  Professional members must hold a Master’s degree in counseling or a closely related field and must meet one or more of the following requirements: be certified as a school counselor by the State of Maine, or be employed as a counselor educator in a graduate program that prepares school counselors.

b.      Emeritus Membership.  Emeritus membership may be conferred by a three-fourths vote of the Governing Board on any person who has been a professional member of the association for several years, who has made a significant contribution to school counseling in Maine, and who has resigned or retired from a professional position in Maine.  Emeritus members shall enjoy the rights and privileges of professional members but shall not be required to pay dues.

c.       Student Membership.  Student members must be engaged in a planned program of counselor education designed to result in a degree which will make them eligible for a certificate as a Maine school counselor. Membership dues are waived for student members.

d.      Affiliate Membership.  Any person, who subscribes to the purposes and ideals of the association and who wishes to support its goals but is not eligible for any other type of membership, may become an affiliate member.

  

SECTION 3.  Dues.  Dues shall be recommended by the Governing Board and shall be voted upon by the membership at the annual meeting.

 

SECTION 4.  Rights and Privileges.  Only professional, emeritus, and student members can vote and initiate motions at parliamentary proceedings.  These members shall be considered the organization’s legislative body.  Subject to any limitations or exceptions otherwise stated herein, only professional members shall be eligible for elective office or election to the Governing Board.

 

SECTION 5.  Severance of Membership.

a.       A member may be dropped from membership by a vote of three-quarters of the Governing Board for any conduct that violates principles stated in the American Counseling Association (ACA) or the ASCA Bylaws and Code of Ethics.  Any members charged with engaging in such conduct shall be given the opportunity to present evidence on their behalf through witnesses or otherwise, and shall have the right to appeal and have a hearing before the MESCA Governing Board, whose decision is final.

b.      A member may be dropped from membership for nonpayment of dues.

 

ARTICLE III:  MESCA OFFICERS

 

SECTION 1.   Officers, Terms of Office, and Conditions.

a.       The officers of the association shall be the President, President Elect, Immediate Past President, President Elect Elect, Secretary, Treasurer, and four Vice Presidents (Elementary, Middle, Secondary and Post Secondary).

b.      The President Elect shall automatically become President of the association one year after the commencement of his/her term of office as President Elect, or upon the death or resignation of the President.

c.       The Immediate Past President shall serve for one year following the expiration of a term as President.  Following the term, the Past President shall not be eligible for elective office for a period of three years.

d.      The President Elect Elect shall automatically become President Elect one year after the commencement of his/her term as President Elect Elect or upon the death or resignation of the President Elect.

e.       The Secretary, Treasurer, Newsletter Editor, Student Representative, Membership Chair, Government Relations Chair, Public Relations Chair, Alliances Chair, Conference Chair,  Research Chair  and Webmaster shall be appointed by the President, with the approval of the Governing Board, and shall serve a concurrent term with the President who appoints them.  The ’Chair’ positions may be filled by people serving in other capacities on the board.

f.      Vice Presidents shall be elected for a two-year term and shall be eligible for reelection for one additional term (a maximum of four years).

g.      In the event that the President does not complete a full term for any reason, the President Elect shall succeed to the unexpired remainder thereof and shall continue into the successive term.  In the event that the President Elect should be unable to complete the President’s unexpired term, the President Elect Elect shall succeed to the unexpired remainder thereof and shall continue into the successive term.  In the event that the President Elect Elect should be unable to complete the President’s unexpired term, the Governing Board shall call for a special election of President and President Elect to serve until the next annual election.

h.      In the event that the President Elect does not complete a full term for any reason, the President Elect Elect shall succeed to the unexpired remainder thereof and shall continue into the successive term.  In the event that the President Elect Elect should be unable to complete the President Elect’s unexpired term, the Governing Board shall call for a special election of President Elect to serve until the next annual election.

i.       Elected officers, with the exception of the vice presidents, shall not be candidates to succeed themselves in the same office.

j.       It is strongly suggested that no officer or member of the Governing Board shall serve more than six years in succession.

k.      Maine Career Development Association (MCDA) may appoint a representative to sit on the MESCA Board.

l.       The Maine Counselors Association (MeCA) may appoint a representative to sit on the MESCA Board.

 

SECTION 2.  Nominations and Elections of Officers

a.      The President Elect Elect and the vice presidents shall be elected at the annual conference or by ballot mailed or emailed to members.  If the election is not held at the conference, ballots will be mailed in the spring, and the Governing Board will determine a deadline for their return.  Elected officers will assume their duties July 1.

b.      All officers of the association, except the Secretary, the Treasurer, Newsletter Editor, Student Representatives, Membership Chair, Government Relations Chair, Public Relations Chair, Alliances Chair, and the Research Chair shall be elected from the voting members of the association.

c.      To be eligible for any office in the association except student representatives, a member must hold professional or emeritus membership.  A student representative may not hold any other office on the Board.

d.      Before each annual meeting, at the annual meeting, or upon starting the election process,  the Nominations and Elections Committee shall issue a call to all members of the association for nomination of officers and members of the Governing Board for the year.  Nominations must be received by a date set by the Governing Board.  (All board members must belong to MESCA and dues are waived.  The President and President Elect must belong to ASCA and MeCA with the dues being paid by the association.)

e.      The Nominations and Elections Committee shall determine the eligibility of those members nominated.

f.      If any officer elected should be unable to assume the office on or about the first day of the term, the next ranking candidate on the election return shall assume that position.  The Governing Board shall have the authority to fill any vacancy for which there are no other provisions.

 

SECTION 3.  Duties of Officers.

a.      Duties of the MESCA Past President:

1.    Promote K-12 developmental school counseling programs throughout the State of Maine.

  1. Coordinate nominations and elections process.
  2. Coordinate Creative Counseling Grant and Scholarship process.
  3. Serve as an advisor and mentor to the President.
  4. Assist in the conference planning.
  5. Continue representing MESCA by maintaining and nurturing political liaisons made the previous year.
  6. Perform other duties as may be directed by the Governing Board, action taken at the annual business meeting, or the Bylaws.
  7. Serve as mentor to conference chair to help answer questions about the process of the conference.

 

b.      Duties of the MESCA President:

  1. Promote K-12 developmental school counseling programs throughout the State of Maine.
  2. Coordinate and direct political and legislative action.
  3. Preside at all meetings of the Governing Board and at the annual business meeting.
  4. Appoint a Secretary, Treasurer, Newsletter Editor, Student Representatives, and Committee chairs.
  5. Represent MESCA at meetings, conferences and in the media, and increase MESCA’s visibility with other associations and organizations with similar goals and concerns.
  6. Serve as a liaison to ASCA.
  7. Provide an article for each edition of the MESCA newsletter.
  8. Assist in conference planning.
  9. Present annual report (state of MESCA) to its members at the annual business meeting.
  10. Organize annual leadership and goal setting workshop for the Governing Board.
  11. Perform other duties as may be directed by the Governing Board, action taken at the annual business meeting, the Bylaws, and those inherent to the President’s office.

c.      Duties of the MESCA President Elect:

1.   Promote K-12 developmental school counseling programs throughout the State of Maine.

  1. Serve as Chair or Co-Chair of the Conference Committee from July through the conference;  from the end of the conference until July, serve as mentor for the President-Elect-Elect to answer questions about the conference planning process.
  2. Prepare for the presidential year.
  3. In the absence of the President, assume the role of the President with all of its authority and responsibility.
  4. Perform other duties as may be directed by the Governing Board, action taken at the annual business meeting, or Bylaws.
      6.   Provide an article for the newsletter.

d.      Duties of the MESCA President Elect Elect

1.  Promote K-12 developmental school counseling programs throughout the State of     Maine.

2.   Serve on the Conference Committee:   from July until the conference, serve on the conference committee and learn about the process. From the end of the conference until July, serve as chair or co-chair of the next conference.  Recruit and nominate a co-chair if so desired.

3.   Prepare for the President Elect and presidential years. 

4.   In the absence of the President Elect, assume the role of the President Elect with all of its authority and responsibility.

5.   Perform other duties as may be directed by the Governing Board, action taken at the annual business meeting, or Bylaws.

e.      Duties of the MESCA Vice Presidents (Elementary, Middle/Junior High, Secondary, Post Secondary):

1.   Promote K-12 developmental school counseling programs throughout the Sate of Maine.

2.   Actively represent the interests and concerns of school counselors in respective work level settings.

3.   Facilitate discussion group at annual conference.

4.   Communicate with respective ASCA Vice President.

5.   Provide an article for each edition of the MESCA newsletter.

6.   Assist in conference planning.

7.   Perform other duties as may be directed by the Governing Board, action taken at the annual business meeting, or Bylaws.

f.      Duties of the MESCA Secretary:

1.   Promote K-12 developmental school counseling programs throughout the State of Maine.

2.   Keep records of all meetings of the Association as well as the minutes of the Governing Board.

3.   Assist in keeping the official correspondence of the Association.

4.   Assist in conference planning.

5.   Present minutes from previous annual business meeting to MESCA members at the conference.

g.      Duties of the MESCA Treasurer:

1.   Promote K-12 developmental school counseling programs throughout the State of Maine.

2.   Help facilitate long-range fiscal planning.

3.   Review and validate monthly statements.

4.   Submit monthly fiscal reports to Governing Board.

5.   Coordinate budget preparation.

6.   Present a complete fiscal report to the membership at the annual meeting.

7.   Assist in conference planning.

h.      Duties of the Newsletter Editor:

1.   Gather and coordinate information for the newsletter.

2.   Compile and edit three to four newsletters per year.

3.   Coordinate publication and distribution of the newsletter.

i.      Duties of the MESCA Membership Chair:

1.   Encourage new membership in MESCA as well as other state and professional organizations.

2.   Maintain a current listing of all MESCA members.

3.   Coordinate annual membership drive.

4.   Serve as a liaison to the ASCA Membership Committee

j.      Duties of the MESCA Government Relations Chair:

1.   Monitor state and federal legislation.

2.   Update the Governing Board on legislative activity and recommend any action by the board and/or the MESCA membership.

3.   Provide an article on legislative activity for each edition of the MESCA newsletter.

k.      Duties of the MESCA Public Relations Chair:

1.   Oversee the development and implementation of a plan to publicize the activities of the MESCA Governing Board and of school counselors in general.

2.   Assist in developing and maintaining relationships with other state organizations.

3.   Monitor ASCA’s Public Relations activities and facilitate any necessary follow up by the Governing Board or the MESCA membership.

4.   Provide an article on public relations related activities for each edition of the MESCA newsletter.

5.   Provide resources and coordinate activities related to National School Counseling Week.

l.      Duties of the MESCA Alliances Chair:

1.   Identify organizations with which MESCA should maintain alliances and enlist a MESCA member liaison for each of these organizations.

2.   Monitor these contacts and identify vacancies as they occur.

3.   Assist with the identification of potential liaisons.

4.   Coordinate the flow of information between MESCA and these organizations.

5.   Ensure that information highlights are submitted to the newsletter editor.

m.      Duties of the MESCA Research Chair:

1.   Promote research initiatives.

2.   Disseminate research information to the MESCA Governing Board and the membership.

3.   Act as a liaison to the ASCA Research Committee.

4.   Provide an article on research initiatives for each edition of the MESCA newsletter.

n.      Duties of the MESCA Student Representatives:

1.   Encourage student membership in MESCA.

2.   Assist in conference planning.

3.   Ensure that student activities are submitted to the newsletter editor.

4.   Perform other duties as may be directed by the Governing Board, action taken at the annual business meeting, or Bylaws.

o.      A Historian may be appointed by the Governing Board to collect and arrange such materials that record the activities of the organization and its members.

SECTION 4.  Removal from Office.  An elected officer or member of the Governing Board may be removed from office, for cause, by three-fourths majority vote of the Governing Board or the voting membership.  Any Board member with three unexplained absences from monthly Governing Board meetings will be subject to Executive Committee review and possible dismissal so that an actively involved replacement may be sought.

 

SECTION 5.  Compensation and Expenses of Officers.

a.      The elected officers of the association shall receive no compensation for their services.

b.      Expenses of the elected officers may be paid from the funds of the association by specific authorization of the Governing Board, within the limits of financial resources and prudent planning.

 

ARTICLE IV:  GOVERNING BOARD

 

SECTION 1.  Governing Board Composition, Nominations and Election.

a.       The Governing Board shall be composed of the MESCA officers and up to four Members-at-Large.

b.      The Members-at-Large shall be elected at the same time as the officers and shall hold office for a term of three years.  Elections will be staggered so that at least one and no more than two Members-at-Large will be elected in a given year.

c.       If a member cannot complete a term of office, the President, with the approval of the Governing Board, shall appoint a replacement to serve for the remainder of the unexpired term.

d.      A Member-at-Large of the Governing Board shall not be a candidate for reelection as a Member-at-Large for a period of three years after completion of a term.  A member of the Governing Board who has been elected or appointed to complete an unexpired term is eligible to be nominated for a regular three-year term.

 

SECTION 2.  Powers and Functions.

a.       The Governing Board shall be the agency through which the general administration of the association is affected.

b.      The Governing Board shall conduct, manage, and control the business of the association between its official meetings.

 

SECTION 3.  Meetings

a.       The Governing Board shall meet at the time and place of the annual MESCA conference and at such other times as may be designated by either the President or a majority of voting members of the Governing Board.

b.      A majority of the members of the Governing Board shall constitute a quorum.  In the intervals between annual or special meetings of the association, the Governing Board shall take such action as is necessary for the conduct of the association’s affairs.

c.       The expenses of members of the Governing Board in attending meetings of the Governing Board other than those held at the annual MESCA conference, may be paid for from association funds, within the limits of prudent financial planning.

 

  

ARTICLE V:  ANNUAL MEETINGS

 

SECTION 1.  Time of the Annual Meeting.  The annual business meeting shall be conducted during the annual MESCA Conference.

 

SECTION 2.  Functions of the Annual Meeting.  To bring together the voting members of the association to:

a.       Take action on recommendations from the Governing Board.

b.      Initiate action affecting the association’s program and policies.

c.       Act on reports of the standing committees and special committees.

d.      Exercise such other functions as may be necessary or desirable in the best interest of the association.

e.       Adopt and amend the bylaws.

SECTION 3.  Other Meetings of the Association.

a.       Special meetings, having the same functions as the Annual Meeting, may be called to deal with extraordinary situations by majority vote of the members at the Annual Meeting, or by the Governing Board.  Time and place of all meetings shall be fixed by the Governing Board; notice thereof shall be given to the membership at least 30 days prior to each meeting.

b.      Each professional, emeritus, and student member of the association in attendance shall have one vote.  One-fifth of the general membership of the association shall constitute a quorum.

c.       Affiliate members of the association may attend the Annual or Special Meetings but may not introduce motions or vote.

 

 

ARTICLE VI:  COMMITTEES

 

SECTION 1.  Executive Committee.

a.       The Executive committee of the Governing Board shall consist of the President, President Elect, and the most recent Past President.

b.      The Executive Committee shall act for the Governing Board during intervals between its meetings but within the limits of any decisions or policies adopted by either the general membership or the Governing Board.  The Executive Committee shall be responsible for reviewing and resolving personnel issues.

 

SECTION 2.  Standing and Special Committees.

a.       The committees of the association shall consist of special committees appointed by the Governing Board, and standing committees as identified in the bylaws.

b.      The committees shall present reports at the Annual Meeting.

c.       A special committee shall serve until, in the opinion of the Board, the purpose of said committee is accomplished.  Committee members shall serve for a period of one year following the time at which the appointment is announced.

d.      Committee chairpersons and coordinators shall be appointed by the President with the approval of the Governing Board.

 

SECTION 3.  Standing Committees.

a.      The Standing Committees for MESCA include:  Conference, Bylaws, Nominations and Elections, Publications, Government Relations, Public Relations, Alliances, and Research.

b.      Standing Committee Chairs shall be appointed by the MESCA President.

 

 

ARTICLE VII:  BUSINESS AFFAIRS OF THE ASSOCIATION

 

SECTION 1.  Fiscal Year.  The fiscal year shall be established by the Governing Board (July 1 – June 30).

 

SECTION 2.  Property of the Association.  In the event the association should be dissolved, none of its property shall be distributed to any of the members.  Instead, all of its property shall be transferred to such non-profit organizations as the Governing Board shall determine to have purposes and activities most nearly consistent with those of the association.

 

SECTION 3.  Indemnification.

a.       The association shall indemnify each member of the Governing Board for the defense of civil or criminal actions or proceedings in a manner and to the extent permitted by applicable law.

b.      The association will indemnify each of its board members from and against any and all judgments, fines, amounts paid in settlement, and reasonable expenses incurred or imposed as a result of being or having been a board member, acting within the scope of his or her official duties.  However, it must be determined that he or she acted in good faith for a purpose which he or she reasonably believed to be in the best interests of the association.  In the case of criminal action or proceeding, it must be determined that he or she had no reasonable cause to believe that his or her conduct was unlawful.  A quorum of the Governing Board members not involved in the proceedings shall determine whether or not the indemnification is made.

 

SECTION 4.  Parliamentary Authority.  The parliamentary authority for the meetings of the association shall be Reed’s Rules of Order.  A Parliamentarian may be appointed by the President to be present at association meetings.

 

 

ARTICLE VIII:  AMENDMENT OF BYLAWS

 

SECTION 1.  Amendment.  These Bylaws may be amended in one of two ways:

a.      At a general membership meeting attended by a quorum, by two-thirds vote.

b.      Amendments recommended by the Governing Board may be mailed to the current voting membership for ratification by mail ballots.  A two-thirds vote of the members voting is required for ratification.

 

SECTION 2.  Publication.  The Bylaws of this association shall be published in their entirety and shall be available to any member upon request.