SCAD By-Laws

South Carolina Association of the Deaf, Inc. 
BYLAWS

Article I. Organization Name

The name of the organization shall be “South Carolina Association of the Deaf, Incorporated” (hereinafter referred to as "SCAD") as stated in the Charter of Incorporated issued on June 6, 1973.

Article II. Mission Statement

The Association is committed to advocacy for all deaf and hard of hearing residents in South Carolina. They are to be assured of equal access to a comprehensive, coordinated system of services, and encouraged to achieve their maximum potential through increased independence, productivity and integration into the community.

Article III. Membership

Section 1. Eligibility

Anyone interested in joining the Association may become a member upon payment of the appropriate dues.

Section 2. Categories

Membership categories shall be as follows:

A. Regular: This category is open to any adults up to the age of 60, must be a permanent resident of   South Carolina.
B. Senior: This category is open to adults over the age of 60, must be a permanent resident of South   Carolina.
C. Student: This category is open to anyone with a valid student identification card from a secondary   or postsecondary school.
D. Associate: This category is open to anyone who lives outside of South Carolina.
E. Business: This category is open to any business.

Section 3. Membership Dues

The membership dues shall be determined at the official Association conference.

Section 4. Benefits

The members will receive the Association's official publication "South Carolina News" for the duration of their membership.

Section 5. Membership Cards

After the application and payment for membership is sent to the Association Secretary/Treasurer or Home Office, membership cards will be issued and mailed to the member.

Article IV. Association Officers

Section 1. Officers

The Association Officers shall be a President, Vice-President, Secretary/Treasurer, three Members-at-Large, and Past President. These officers shall perform the duties prescribed by these bylaws and by the parliamentary authority adopted by Association.

A. The elected officers shall be eligible to serve up to three (3) consecutive terms of two (2) year   terms.
B. The elected Member at Large shall be eligible to serve up to two (2) consecutive terms of four (4)     year terms.

Section 2. Election of Officers

The Association Officers shall be elected separately by a plurality ballot vote on the last day of the conference by the general Association members in good standing present at the conference during odd-numbered years. No mail or proxy voting shall be accepted.

Section 3. Election Requirements

All candidates for Association Officers shall be:

A. South Carolina permanent residents throughout the upcoming term.
B. Complete one year of regular membership prior to running for office, except for the office of the President who must complete two years of regular membership, prior to running for office of the President.
C. Thoroughly conversant and fluent in American Sign Language.
D. One Member-at-Large is to be from an area, following with the area code of 864.
E. One Member-at-Large is to be from an area, following with the area code of 803.
F. One Member-at-Large is to be from an area, following with the area code of 843.

Section 4. Officer Requirements

All Association Officers shall:

A. Pay dues for two years in advance upon being election.
B. Not be an officer or director in any Association affiliates.
C. Not incur debts in the name of Association without the prior consent of the Board of Directors.

Section 5. Term Length

A. The elected officers and Past President shall serve a term of two years, beginning/commencing on the first (1st) day of January after the adjournment of the Biennial Association Conference. They shall be eligible to serve for up to three (3) consecutive two (2) year term.

B. The elected Member-At-Large shall serve a term of four (4) years, beginning/commencing on the first (1st) day of January after the adjournment of the Biennial Association Conference. They shall be eligible to serve for up to two (2) consecutive four (4) year term.

C. The newly elected officers shall start their term on January 1st, following the conclusion/adjournment of the conference in order to implement their responsibilities of the SCAD. Between the conclusion/adjournment of the conference and the beginning/commencing of January 1st, the transition period shall be held between the adjournment of the conference and January 1st, President shall call the joint meeting with the Board members and the newly elected officers for turning over the duties as outlined in the Bylaws. 

Section 6. Resignations

Officer resignations shall be submitted in writing to the President or Secretary. The officer’s resignation needs to be approved by the Board of Directors to officially make the resignation effective.

Section 7. Removal from Office

An officer may be removed for failure to abide to the Code of Ethics, carry out their duties or for other good and sufficient reason by two-thirds (2/3) vote of the Board of Directors.

Section 8. Appointment of Vacancies

The President shall fill vacancies in any of the offices of the Association, other than that of President, by appointment, subject to the approval of the Board. Any eligible member in good standing shall be chosen the appointee to serve until the conference following; however, no officer shall be permitted to hold more than one office at any time but shall resign from one to hold the other.

Article V. Duties of Officers

Section 1. President

A. It shall be the duty of the President of the Association to preside at all meetings in State Conferences and at meetings of the Board and at any other official meetings under the jurisdiction of the Association. He/She shall preside over deliberations of the Board that may be conducted by mail.

B. He/She shall have a general supervisory responsibility of all the affairs of the Association and may make such suggestions from time to time as he/she thinks proper for the welfare of the Association.

C. He/She shall appoint such committees as may be provided for in these bylaws and other committees he/she may deem necessary in conducting the work of the Association.

D. He/She shall be an ex-officio member of all committees.

E. He/She shall see that the minutes of the Secretary are properly recorded in the minute book.

F. He/She shall have access at all times to each and every book of accounts, statements, vouchers, or any official document connected with the Association.

Section 2. Vice-President

He/She shall fill the office of the President when the President is, for any reason, unable to perform his/her duties; and shall succeed him/her in case of his/her resignation, removal or death before the expiration of his/her term.

Section 3. Secretary/Treasurer

A. He/She shall enter in proper books the proceedings of all conventions of the Association, and the minutes of the Board meetings, and any official meetings.

B. He/She shall, after the conclusion of each Conference, send copies of said proceedings to each Board member.

C. He/She shall, after the conclusion of each Board meeting, send said minutes to each Board member within two weeks.

D. He/She shall have the proceedings of each conference and the highlights of all Board meetings available in print or electronic format by request.

E. He/She shall perform all duties pertaining to the office of the secretary.

F. He/She shall work with the Association’s Home Office staff to prepare financial reports for the Board meetings.

G. He/She shall work with the Association’s Home Office staff on their membership drive.

Section 4. Members-at-Large

The Members-at-Large shall serve on the following:

A. Association State Conference Committee
B. Association Law Committee
C. Association Financial Committee
D. Association Fundraising
E. Association Membership Drive/Recruitment
F. Assigned to any committees, seen as needed by President

Section 5. Past President

It shall be the duty of the Past President of the Association to serve as a consultant/mentor to the new President during the first term of all meetings in State Conferences, the meetings of the Board, at any other official meetings under the jurisdiction of the Association, and other functions, seen as needed by the new President. He/she shall serve as a non-voting officio member of the Board.

Section 6. Compensation

Members of the Board of Directors shall serve without compensation except for standard expense reimbursement for costs incurred in discharge of duties.

Section 7. Conflict of Interest

No member with a personal or financial interest of a material nature in the affairs of the Association shall be eligible to serve on the Board of Directors of the Association.

Section 8. Confidentiality

Association Board members are responsible for the confidential nature of the Association’s business and to maintain its confidentiality.

Article VI. Board of Directors

Section 1. Board Members

A. The Executive Board of directors (hence board) shall consist of the Association officers described in Article IV. The Association President shall be the Board Chairperson.

B. The Association Board of Directors (hence Board) shall consist of the Association officers described in Article IV and a representative from affiliated associations, described in Article X, Section 2. The Association President shall be the Board Chairperson.

Section 2. Duties of the Board

The Board shall have general control of the affairs, property and interest of the Association. It shall aim to carry out the expressed and lawful will of the Association in its conferences as far as circumstances may render it wise and allowable.

Section 3. Board Meetings

A. The Board Chairperson shall have the power to call a regular, special or emergency Board meeting at such time and place as deemed necessary, to consider such business as, in his judgment, requires the Board’s presence.

B. The Board meetings shall be in the Association Home Office or such other place within the state of South Carolina as the Board chairperson or the Board may designate in the notice of meeting.

C. The Board shall hold at least three (3) regular meetings a year, including an annual meeting, which shall be held before the end of July.

D. Meeting notices shall be sent out to the Board members at least fourteen (14) days prior to the upcoming meeting.

E. The Regular board meetings shall be open to the Association Board of Directors described in Article IV and Article X, Section 2. the regular board meetings shall be open to the public.

F. The quorum of fifty-one percent (51%) of the Association officers and the affiliate representatives in good standing are required to hold the board meetings.

G. The Executive Board meetings shall be limited to the Executive Board of Directors described in Article IV, Section: 1-A.

H. The Executive Sessions where circumstances warrant, i.e. when discussing matters of sensitive, personnel, or litigious nature shall be open only to the Executive Board of Directors, described in Article IV.

I. The Board of Directors, Executive Committee, standing committees, special committees, and subcommittees of the Board of Directors may conduct its business by electronic or conventional means including mail, telephone, fax, computer, telephone conference, electronic communication means or other appropriate means, provided that all members have access to the information and/or debate through one or more of the means listed.

Section 4. Executive Director

The Board of Directors shall be empowered to appoint a person to serve as the Executive Director of the Association. The Executive Director shall report to the President of the Association and shall serve as a non-voting ex-officio member of the Board.

Section 5. Indemnification

The Association shall indemnify any officer, board members and employees of the South Carolina Association of the Deaf, Inc. against expenses actually incurred by such person in connection with the defense of any civil action, suit or proceeding in which the officer, board member, or employee, in which such person is made a party by reason of being or having been such officer, board member, or employee, in which such person is found to be not liable such indemnification shall not be deemed exclusive or any other rights to which such officer, board member or employee may be entitled under any bylaw, agreement, vote of the Board of Directors, or otherwise.

Article VII. State Conference

Section 1. Annual Conference

The Association is required to hold annual conferences. The quorum of fifty-one (51%) of Association officers and at least fifteen (15) members in good standing are required to hold the general business meeting.

A. During odd-numbered years, the state conference (hence, the Biennial Conference) shall have business meetings, workshops, exhibits, new officers’ election and awards ceremonies.

B. During even-numbered years the state conference (hence, the SC Leadership Training Conference (SCLTC) shall have business meeting, open forums, and workshops as needed. 

Section 2. Hosting

A. The Board is responsible for hosting the state conference with assistance from local SCAD members.

B. Local affiliate organizations may host the Biennial State Conference during the odd numbered years. Local affiliate organizations must submit the conference plans to the Board for approval. The conference plans must include:

1. name of city;
2. name of hotel/convention center; and
3. name of local contact person, as well as contact information.

C. Either the Association Board or volunteer affiliate organization may host the South Carolina Leadership Conference (SCLTC) during the even-numbered years.

Section 3. Conference Site

A. The location of the state conference site and host affiliate organization shall be determined four years prior to the annual conference by the general conference members in good standing during the business meetings at state conference.

B. The conference site will be rotated by the regions in order:  Midlands, Low Country, Upstate.

C. If circumstances warrant, the Board may change the location of the state conference.

Section 4. Proceeds

A. All proceeds from the conference must be sent to the Home Office. This includes combo/individual tickets, sales of conference-related items, fundraising proceeds, etc.

B. If a local affiliate organization is hosting the conference, SCAD will pay the local affiliate organization 35% of proceedings, excluding registration fees.

Article VIII. Committees

Section 1. Standing Committees

The standing committees shall be Law, Financial, Membership, and State Conference.

Section 2. Committee Chairs

The President shall appoint the chair of the standing committees, unless specified otherwise in these bylaws.

Section 3. Ad Hoc Committees

The Association may have ad hoc committees, such as Resolutions, Necrology, Advocacy, etc. as seen fit by the Board of Directors.

Section 4. Committee membership

Committee members are required to maintain their SCAD membership in good standing for appointment and duration of committee service.

Article IX. Parliamentary Authority

Unless otherwise provided for in these bylaws, Robert’s Rules of Order, current edition, shall be the parliamentary authority of the Association.

Article X. Affiliation

Section 1. National Affiliation

The Association shall be a State Association Affiliate with the National Association of the Deaf (NAD), as defined in NAD Bylaws Article III Section 1.1.

Section 2. Local Affiliation

The Board of Directors may affiliate any deaf related organization with the Association upon the approval of its application. The affiliated organization may send a representative to the Board of Directors.

Article XI. Amendments

Section 1. Amendments

These bylaws may be amended by two-thirds (2/3) vote of the general conference members in good standing present and voting at the business session of the conference, provided that the amendment is submitted to the Law Committee and copies are sent to general conference members in good standing at least thirty (30) days prior to the conference, and that the amendments are read during the conference and acted upon immediately thereafter. Only the general conference members in good standing may enact the amendments. After the ratification of the amendments, the Constitution and Bylaws shall be implemented immediately after the adjournment of the conference.

Section 2. Suspension

These bylaws may be suspended for a specific purpose by four-fifths (4/5) vote of the general conference members present and voting.

Article XII. Dissolution

Section 1. Dissolution of Assets

Upon the affirmative vote of majority of the Board of Directors and approval by two-thirds (2/3) vote of the regular members of this Association, this Association shall be dissolved. The Treasurer shall cause to be transferred all funds, including deposits, investments and all other assets of the Association to the National Association of the Deaf for its full and unrestricted use and benefit as it may direct. Notwithstanding the foregoing, in the event that National Association of the Deaf is not an organization eligible to receive such funds and assets under Paragraph Fourth of the Certificate of Incorporation, then said transfer shall be as the Board of Directors or Court of dedication of such funds and assets to tax-exempt purpose is irrevocable.

Amended at the 2005 SCAD Conference in Charleston, SC
Revised at the 2006 SCAD Conference in Columbia, SC
Revised at the 2007 SCAD Conference in Columbia, SC
Amended/revised at the 2008 SCAD Conference in North Charleston, SC
Amended at the 2009 SCAD Conference in Anderson, SC
Amended/revised at the 2012 SCAD Leadership and Training Conference in Columbia, SC
Revised at the 2013 SCAD Conference in North Charleston, SC
Amended/ratified at the 2015 SCAD Conference in Greenville, SC