Constitution of the National Federation of the Blind of Massachusetts, Inc.

Adopted February 2017

ARTICLE I. NAME

The name of this organization shall be the National Federation of the Blind of Massachusetts, Inc. (NFBMA).

ARTICLE II. PURPOSE

The purpose of the NFBMA shall be to advance the general welfare of the blind of Massachusetts and the nation; to function as an integral part of the National Federation of the Blind; to serve as a vehicle for collective action by the blind of Massachusetts; to operate as a mechanism through which the blind and interested sighted persons can come together in local chapters and state meetings to plan and carry out programs to improve the quality of life of the blind; to provide a means of collective action for parents of blind children; to promote the interests of blind students and provide them with a means of joint action and expression; to promote the vocational, cultural, and social advancement of the blind; to achieve the integration of the blind into society on the basis of equality with the sighted; and to take any other action which will improve the overall condition and standard of living of the blind.

ARTICLE III. MEMBERSHIP

Section A. Active Members

The majority of the members (more than half of the total members), must be legally blind--hereafter referred to as blind--as defined by the Commonwealth of Massachusetts. All active members of local chapters or divisions shall automatically become active members of this organization. Any person who is not affiliated with a local chapter or division may become an active member of this organization by complying with requirements established by the Board of Directors.

Section B. Classification of Members

Classification of members shall be of two types.

1. active members who are affiliated with local chapters or divisions, and have paid chapter or division dues.
2. active members who are not affiliated with local chapters or divisions and have paid state dues.

Section C. Voting Rights of Members

Active members shall have the right to vote, serve on committees, speak on the floor, and hold office.

Section D. Member Disciplinary Action

1. Expulsion--Any member may be expelled, for violation of this constitution or for conduct unbecoming to a member, chapter, or division of the Federation either by a majority vote of the active members present and voting at any regular business session of this organization, or by a two-thirds vote of the Board of Directors. Such votes shall be taken by secret ballot.
2. Reinstatement--The state convention of this organization may reinstate any person who has been expelled unless such expulsion has been confirmed by the National Convention or by the Board of Directors of the National Federation of the Blind, in which event the person may not be reinstated except by the National Convention or by the National Board. Any person who feels that he/she has been unjustly expelled from the organization may appeal to the Board of Directors of the National Federation of the Blind, which may (in its discretion) consider the matter and make a binding decision.

ARTICLE IV. LOCAL CHAPTERS

Section A. Procedure of Admission

Any organized group desiring to become a local chapter of the NFBMA shall apply for affiliation by submitting to the President of the NFBMA a copy of its constitution and a list of the names and addresses of its members and elected officers. When the NFBMA, either in convention assembled or by action of its Board of Directors, has approved the application, it shall issue to the local chapter a Charter of Affiliation. Annually, on or before January 1, each local chapter shall provide to the President and the Treasurer of the NFBMA a current list of its members, their names and addresses, and their state dues as well as a detailed financial report of the chapter for the past year. The fiscal year of this organization shall be the calendar year. As new members enter local chapters, their names, addresses, and state dues shall be sent without delay to the Treasurer of the state organization. No group shall be accepted as a chapter and no group shall remain a chapter unless a majority of its voting members are blind. The President, the Vice President (or Vice Presidents), and at least a majority of the Executive Committee or Board of Directors of the local chapter must be blind. The President of the NFBMA shall be ex officio a member of each local chapter. In the event of the dissolution of a local chapter, or if (for whatever reason) the local chapter ceases to be a part of this organization, its assets shall become property of the NFBMA; and it shall forthwith cease to use the name National Federation of the Blind, Federation of the Blind, or any variant thereof.

Section B. Chapter Disciplinary Action

1. Expulsion--Any chapter may be expelled, suspended, or reorganized for violation of this constitution or for conduct unbecoming to a member, chapter, or division of the Federation either by a majority vote of the active members present and voting at any regular business session of this organization, or by a two-thirds vote of the Board of Directors. Such votes shall be taken by secret ballot.
2. Reinstatement--The state convention of this organization may reinstate any chapter which has been expelled unless such expulsion has been confirmed by the National Convention or by the Board of Directors of the National Federation of the Blind, in which event the chapter may not be reinstated except by the National Convention or by the National Board. Any chapter which determines that it has been unjustly expelled from this organization may appeal to the Board of Directors of the National Federation of the Blind, which may (in its discretion) consider the matter and make a binding decision.

ARTICLE V. DIVISIONS

Section A. Procedure of Admission

The Board of Directors shall establish procedures for admission of divisions and shall determine the structure of divisions. The divisions shall, with the approval of the Board, adopt constitutions and determine their membership policies.

Section B. Division Disciplinary Action

1. Expulsion—Any division may be expelled, suspended, or reorganized for violation of this constitution or for conduct unbecoming to a member, chapter, or division of the Federation either by a majority vote of the active members present and voting at any regular business session of this organization, or by a two-thirds vote of the Board of Directors. Such votes shall be taken by secret ballot.
2. Reinstatement—The state convention of this organization may reinstate any division which has been expelled unless such expulsion has been confirmed by the National Convention or by the Board of Directors of the National Federation of the Blind, in which event the division may not be reinstated except by the National Convention or by the National Board. Any division which determines that it has been unjustly expelled from this organization may appeal to the Board of Directors of the National Federation of the Blind, which may (in its discretion) consider the matter and make a binding decision.

Article VI. OFFICERS AND THEIR DUTIES

Section A. Elected Officers

The officers of the NFBMA shall be President, First Vice President, Second Vice President, Secretary, and Treasurer. They shall be elected at the NFBMA State Annual Convention each odd-numbered year. They shall serve a two-year term which shall commence at the close of the convention during which they are elected and qualified. The duties of each officer shall be those ordinarily associated with that office. The President and the Vice Presidents must be blind.

Section B. Qualifying Process

1. Any member wishing to qualify to be elected to a constitutional office must be certified by the President of NFBMA to be a member in good standing, and to have paid his/her dues, 15 days prior to the starting date of the NFBMA’s state convention.
2. The nominating committee shall confirm that all persons being recommended for constitutional offices have met the requirements stated in #1.
3. Persons nominated from the floor for constitutional offices must be certified by the President as having met requirements stated in #1, and must notify the President of their intention to run no later than the conclusion of general session on the day prior to that on which the election is to be held.

Section C. Balloting Process

Officers shall be elected by a majority vote of the active members who are present and voting. There shall be no proxy voting. If no nominee receives a majority vote on the first ballot, the name of the person receiving the fewest votes shall be dropped from the list of nominees, and a second ballot shall be taken. This procedure shall continue until one of the nominees has received a majority vote from the active members present and voting.

ARTICLE VII. BOARD OF DIRECTORS

Section A. Make-Up

The Board of Directors of this organization shall consist of the five constitutional officers and six additional members, three of whom shall be elected for two-year terms at the annual convention during even-numbered years, and three of whom shall be elected for two-year terms at the annual convention during odd-numbered years. The six members of the Board shall be elected in the same manner as that prescribed for the election of officers.

Section B. Qualifying Process

1. Any member wishing to qualify to be elected to a Board position must be certified by the President of NFBMA to be a member in good standing, and to have paid his/her dues, 15 days prior to the starting date of the NFBMA’s state convention.
2. The nominating committee shall confirm that all persons being recommended for Board positions have met the requirements stated in #1.
3. Persons nominated from the floor for Board positions must be certified by the President as having met requirements stated in #1, and must notify the President of their intention to run no later than the conclusion of general session on the day prior to that on which the election is to be held.

Section C. Balloting process

The six (6) board members shall be elected by a majority vote of the active members who are present and voting. There shall be no proxy voting. If no nominee receives a majority vote on the first ballot, the name of the person receiving the fewest votes shall be dropped from the list of nominees, and a second ballot shall be taken. This procedure shall continue until one of the nominees has received a majority vote from the active members present and voting.

Section D. Board Meetings

The Board shall meet at the call of the President or on written call signed by any six of the Board members. The Board shall advise the President and shall have charge of the affairs of the organization between conventions. At least six members of the Board must be present at any meeting to constitute a quorum to transact business. The Board may be polled by telephone, email, or mail ballot on any question. A majority of the Board must be blind. All meetings are open to all members unless the Board determines that an issue can only be discussed in executive session. Only Board members have voting rights at Board meetings.

Section E. Replacement of Constitutional officers or Board Members

1. The Board may, at its discretion, call a special meeting to discuss possible removal of a constitutional officer or Board member due to inability to perform his/her duties in a manner consistent with the goals and objectives of the National Federation of the Blind of Massachusetts. All Board members shall be given ten days' notice of this meeting date.
2. The officer or Board member being considered for removal shall have the opportunity during the meeting to address all issues of concern.
3. No less than ten days, and no more than thirty days following the initial meeting, the Board will reconvene to vote on the removal of said officer or director, requiring a two-thirds majority of the Board members for removal.
4. Following any removal of a constitutional officer, the Board will determine which Board member shall fulfill those duties for the remainder of the term.
5. Non-constitutional Board of Director positions will not be filled until the next state convention convenes.

ARTICLE VIII. MEETINGS

Section A. Annual Convention

This organization shall hold an annual convention, the time and place of which shall be fixed by the President. At least fifteen active members must be present to constitute a quorum to transact business at any annual convention.

Section B. Special Meetings

The President of this organization may call a special meeting of the body at any time he/she, or a majority of the Board of Directors, deems such action to be necessary. At such special meetings at least fifteen active members must be present to constitute a quorum to transact business. The President of each local chapter and division and the members of the Board of Directors must be notified via telephone or electronically at least ten days prior to the date of the meeting.

ARTICLE IX. COMMITTEES

The President may appoint such committees as he/she or the organization deems necessary. The President shall be ex officio a member of all committees.

ARTICLE X. AFFILIATION

The NFBMA shall be an affiliate of the National Federation of the Blind and shall furnish to the President of the National Federation of the Blind annually, on or before January 1, a list of the names and addresses of its members and elected officers. A copy of the constitution of the NFBMA and of all amendments to the constitution shall be sent to the President of the National Federation of the Blind without delay.

The NFBMA shall not merely be a social organization, but shall formulate programs and actively work to promote the economic and social betterment of the blind. This organization and its chapters and divisions shall comply with the provisions of the constitution of the National Federation of the Blind. Policy decisions of the National Federation of the Blind (whether made by the National Convention or the National Board of Directors) are binding on this organization and its chapters, divisions, and members; and this organization and its chapters, divisions, and members shall participate affirmatively in carrying out such policy decisions. As a condition of affiliation, it is agreed by this organization that the National Federation of the Blind (whether by action of the National Convention or the National Board) has the power to expel or discipline an individual member and to expel or reorganize a state affiliate, local chapter, or division. In the event of reorganization, the assets of the affiliate and its local chapters and divisions belong to the reorganized affiliate; and the former affiliate and its chapters and divisions shall dissolve and cease to exist. The name National Federation of the Blind, Federation of the Blind, or any variant thereof, is the property of the National Federation of the Blind, and this organization or any of its chapters or divisions which cease to be a part of the National Federation of the Blind (for whatever reason) shall forfeit the right to use the name National Federation of the Blind, Federation of the Blind, or any variant thereof. The President of the National Federation of the Blind shall ex officio be a member of this organization and each of its local chapters and divisions.

ARTICLE XI. DELEGATES TO THE NATIONAL FEDERATION OF THE BLIND CONVENTION

Each year, NFBMA may, at its discretion, pay a stipend to all constitutional officers who attend the National Federation of the Blind annual convention.

ARTICLE XII. DUES

The dues of the organization shall be determined by the Board of Directors. In accordance with Article IV of this Constitution, local chapters shall pay the state dues of their members in an amount determined by the state Board. A lifetime membership may be secured for a fee of $200.00. All lifetime members will be honored at the NFBMA annual convention, and their names will be posted on the NFBMA web site. No person may vote who is delinquent in the payment of his/her dues.

ARTICLE XIII. DISBURSEMENT OF FUNDS

The funds of this organization shall be deposited in a bank to be selected by the Treasurer with the approval of the President. The Treasurer shall be bonded. All financial obligations of this organization shall be discharged by check, issued on order of the President, and signed by the Treasurer or President.

PROPOSED NEW ARTICLE XIV.

ARTICLE XIV. PAPER AND ELECTRONIC RECORDS

All electronic and paper financial accounts, social media presence, and websites pertaining to the National Federation of the Blind of Massachusetts shall be maintained and kept with due diligence. Passwords and all essential credentials for accessing these records shall be distributed to no fewer than two, but no more than three constitutional officers to insure both account security and account access in the event one individual is (for some reason) rendered unable to perform his/her duties.

ARTICLE XV. DISSOLUTION

In the event of the dissolution of this organization, or if (for whatever reason) it ceases to be an affiliate of the National Federation of the Blind, its assets shall be given to the National Federation of the Blind, to be held in trust for a reorganized affiliate in the state. In the event that no affiliate is organized in the state for a period of two years from the date this organization ceases to be an affiliate of the National Federation of the Blind, the assets become the property of the National Federation of the Blind. If the dissolution of this organization should occur and if at that time the National Federation of the Blind is no longer a tax-exempt organization under the provisions of the federal Internal Revenue Code or if the National Federation of the Blind has been dissolved, all assets of this organization shall be given to an organization with similar purposes which has received tax-exempt certification from the federal Internal Revenue Service.

ARTICLE XVI. AMENDMENTS

This Constitution may be amended at any regular state convention of this organization by an affirmative vote of two-thirds of the active members present and voting, provided the proposed amendments’ changes have been submitted in writing to all active state members for review prior to the state convention during which the vote will take place. It must also be in compliance with the provisions of the Charter of affiliation received from the National Federation of the Blind and with the policies of the National Federation of the Blind.