Academic Freedom Coalition of Nebraska Constitution
(revised 11/11/2000)
Table of Contents
ARTICLE I: Name and Purpose
ARTICLE II: Membership
ARTICLE III: Meetings
ARTICLE IV: AFCON Board
ARTICLE V: Officers
ARTICLE VI: Membership Meetings
ARTICLE VII: Committees
ARTICLE VIII: Amendments
ARTICLE IX: Protection of Tax Exempt Status
Articles
ARTICLE I: Name and Purpose
ARTICLE III: Meetings
ARTICLE IV: AFCON Board
ARTICLE V: Officers
ARTICLE VI: Membership Meetings
ARTICLE VII: Committees
There shall be standing and ad hoc committees as determined by the President with the advice and consent of the AFCON Board. The chair of each committee shall be appointed by the President with the advice and consent of the AFCON Board and shall report regularly to the AFCON Board. The Chair of each standing committee shall serve on the AFCON Board. Each committee shall choose a secretary who shall keep a continuing record of its activities. Following the end of the calendar year, the secretary of each committee shall file its records with the Secretary of the AFCON Board.
ARTICLE VIII: Amendments
ARTICLE IX: Protection of Tax Exempt Status
Adopted February 13, 1988
(revised 11/11/2000)
Table of Contents
ARTICLE I: Name and Purpose
ARTICLE II: Membership
ARTICLE III: Meetings
ARTICLE IV: AFCON Board
ARTICLE V: Officers
ARTICLE VI: Membership Meetings
ARTICLE VII: Committees
ARTICLE VIII: Amendments
ARTICLE IX: Protection of Tax Exempt Status
Articles
ARTICLE I: Name and Purpose
- The name of this organization shall be the Academic Freedom Coalition of Nebraska (AFCON).
- The purpose of AFCON shall be to promote academic freedom in Nebraska, defined as intellectual freedom in educational and research contexts. This includes freedoms of belief and expression, and access to information and ideas. In pursuit of this general goal, AFCON shall:
- support application of the First Amendment in academic contexts, including schools, colleges, universities, and libraries.
- education Nebraskans in and out of academic settings, citizens and professionals, parents and students, about the meaning and value of academic freedom, intellectual diversity, mutual respect, open communication, and uninhibited pursuit of knowledge, including the role of these ideals in academic contexts and in democratic self-government.
- assist students, teachers, librarians, researchers, and others confronted with censorship, indoctrination, or suppression of information or ideas in academic settings.
- act as liaison among groups in the State of Nebraska that support academic freedom.
- Membership shall be open to all individuals and organizations in the State of Nebraska who support the stated purpose and activities set forth in Article I. Membership shall be contingent upon payment of dues or, in special cases approved by the AFCON Board, upon exchange for specific services. Annual dues in the membership categories shall be set buy the AFCON Board. The membership and fiscal year shall be from January 1 through December 31.
- Organizational memberships. Each organization shall receive a subscription to the Sentinel, AFCON's newsletter, reduced conference rates for its members, one seat on the AFCON Board, and one vote in the election of officers and on actions at the Annual Meeting. Its representative shall be eligible to run for office and to chair standing committees.
- Individual memberships. Individual members shall receive the newsletter and reduced rates for AFCON conferences, be eligible to run for office and to chair standing committees, and have one vote in the election of officers and on actions at the Annual Meeting.
- Members need not agree with all of AFCON's specific policies and strategies. AFCON shall not associate the name of any individual or organizational member with any specific policy or activity without the express permission of that individual or organization.
- Expulsion. Members may be expelled from AFCON, with pro rata refund of dues, for actions substantially inconsistent with its purpose or Constitution. Any individual member or organization subject to an expulsion vote shall be given at least fifteen (15) days notice and an opportunity to present his, her, or its case to the Executive Committee prior to the vote. Expulsion shall require a two-thirds (2/3) vote of the AFCON Board. Expelled members may be readmitted by majority vote of either an annual Membership Meeting or the AFCON Board.
ARTICLE III: Meetings
- The AFCON Board shall meet at the call of the President or at the request of three members of the AFCON Board, but not fewer than four times each yeaer. A quorum shall consist of at least four members of the AFCON Board. Portions of AFCON Board meetings may be closed to nonmembers of AFCON by a two-thirds (2/3) vote. In deciding whether to close a meeting, it should be kept in mind that, in general, intellectual freedom entails a commitment to open communication.
- There shall be an annual meeting of the full membership at the call of the President. The President with the advice and consent of the AFCON Board shall prepare the agenda for each annual meeting. A special meeting of the membership shall be called upon receipt by the President of a petition specifying an agenda for the special meeting and signed by at least twenty percent (20%) of the membership or a majority of the AFCON Board. The agenda for each membership meeting shall be mailed to the membership at least ten (10) days prior to the meeting. A quorum shall consist of those members present. Portions of AFCON Board meetings may be closed to nonmembers of AFCON by a two-thirds (2/3) vote. In deciding whether to close a meeting, it should be kept in mind that, in general, intellectual freedom entails a commitment to open communication.
- Except as otherwise provided by the Constitution or the adoption of special rules, Robert's Rules of Order (Revised) shall govern all AFCON meetings and operations.
ARTICLE IV: AFCON Board
- The five officers (President, President Elect, Immediate Past President, Secretary, and Treasurer) shall constitute the Executive Committee of AFCON. The officers, the chair of each standing committee, an official representative of each organizational member, the Policy Coordinator, the Newsletter Editor, and one to five members-at-large shall comprise the AFCON Board. The Policy Coordinator, the Newsletter Editor, and the members-at-large shall be appointed by the President with the advice and consent of a two-thirds (2/3) vote of the AFCON Board.
- The duties of the AFCON Board shall be as follows:
- Set its own rules, consistent with this Constitution.
- Approve the annual budget and all expenditures.
- Approve, modify, or nullify policies, consistent with the purposes stated in this Constitution.
- Implement specific policies as well as the general goals of AFCON.
- Approve the agendas of the membership meetings.
- The duties of organizational representatives shall be as follows:
- Act as liaisons between AFCON and their organizations.
- Inform their organizations concerning the issues before the AFCON Board.
- Promote AFCON-related activities in their organizations.
- The duties of the Executive Committee shall be as follows:
- Plan for the periodic meetings of the AFCON Board.
- Act on behalf of the Board in situations that require immediate action.
ARTICLE V: Officers
- The officers shall be a President, a President-Elect, a Secretary, a Treasurer, and an Immediate Past President. Each shall serve for a one-year term. Only the Secretary and Treasurer shall be eligible for immediate re-election to the same position. These officers shall comprise the Executive Committee of the AFCON Board.
- The President (with the advice and consent of the Executive Committee) shall appoint a Nominating Committee, which shall arrange a slate of at least one candidate for each available office and report this slate at the Annual Membership Meeting. Additional candidates may be added to the slate by nomination from the floor. The election shall be by mail ballot shortly after the Annual Membership Meeting.
- Each candidate for office shall be either an individual member in good standing of AFCON or the official representative of an organizational member. The President-Elect, Secretary, and Treasurer shall be elected by mail ballot (which may be published in the newsletter). The current President-Elect and President shall become President and Immediate Past President respectively and thus may not run for any other office. If there is no President-Elect to assume the presidency, a President shall be elected in conjunction with the normal election of President-Elect, Secretary, and Treasurer.
- Whenever an office becomes vacant between elections, the remaining members of the AFCON Board shall choose one of their number or another individual member of AFCON or the official representative of an organizational member to serve until the next election. When the office of President becomes vacant, the President-Elect shall assume the presidency and continue as President the following year. If the office of President becomes vacant and there is no President-Elect, the remaining members of the AFCON Board shall choose one of their number, another individual member of AFCON, or the official representative of an organizational member to serve as President until the next election and who may be a candidate for that office in that election.
- The President shall preside over meetings of the Executive Committee, the AFCON Board, at the Annual Meeting, and at any special Board or membership meetings; appoint and replace chairpersons and members of standing and ad hoc committees (with the advice and consent of the Executive Committee or the AFCON Board); represent AFCON before the public (either personally or through designees); serve as executive officer of AFCON; and perform all other duties usually attributed to this office.
- The President-Elect shall assist the President at the latter's request, preside over meetings in the absence of the President and perform other duties usually attributed to this office. The President-Elect shall become President at the expiration of one year, or whenever the presidency becomes vacant, and shall serve in that capacity until two years from the time of his or her election as President-Elect.
- The Immediate Past President shall advise the Executive Committee, assist the President at the latter's request, and preside over meetings in the absence of the President and the President-Elect.
- The Secretary shall take minutes of all official meetings, distribute them to the board members, and keep a file of them and of all records in conjunction with that office. The Secretary shall assist the President with AFCON correspondence.
- The Treasurer shall hold the funds and disburse them upon authorization of the President. The Treasurer shall report to the AFCON Board at each meeting and shall provide an annual financial statement.
ARTICLE VI: Membership Meetings
- There shall be one Annual Membership Meeting and such special meetings as called pursuant to ARTICLE III, Section B of this Constitution.
- The powers of the Membership Meetings shall be as follows:
- Set its own rules, consistent with this Constitution.
- Make recommendations to the AFCON Board concerning budget, policy, or activities.
- Approve, modify, or nullify policies, consistent with the purpose stated in this Constitution. Such policy changes shall take effect upon approval of the AFCON Board or forty-five (45) days after the Membership Meeting, unless reversed by a majority vote of the AFCON Board during that time. Such reversal may be overturned pursuant to the processed described in ARTICLE VIII: Amendments .
- Direct the implementation of policies and general goals of AFCON. Such directions shall take effect upon approval of the AFCON Board or forty-five (45) days after the Meeting, unless reversed by a majority vote of the AFCON Board during that time. Such reversal may be overturned pursuant to the processed described in ARTICLE VIII: Amendments .
- The Annual Membership Meeting may nominate candidates for office pursuant to the process described in ARTICLE V, Section B .
ARTICLE VII: Committees
There shall be standing and ad hoc committees as determined by the President with the advice and consent of the AFCON Board. The chair of each committee shall be appointed by the President with the advice and consent of the AFCON Board and shall report regularly to the AFCON Board. The Chair of each standing committee shall serve on the AFCON Board. Each committee shall choose a secretary who shall keep a continuing record of its activities. Following the end of the calendar year, the secretary of each committee shall file its records with the Secretary of the AFCON Board.
ARTICLE VIII: Amendments
- This Constitution may be amended by a two-thirds (2/3) vote of those voting at any Membership Meeting, provided that a draft of each proposed amendment has been received by the membership at least ten (10) days prior to the Membership Meeting. Amendments shall take effect forty-five (45) days after the Membership Meeting, unless reversed by a majority vote of the AFCON Board during that time. In the event of such reversal, the final decision shall be made by a majority vote of the entire membership, with individual members having one vote each and organizational members having six votes each. The election shall take place by mail ballot, with rationale and pro and con statements included with the proposed amendment.
ARTICLE IX: Protection of Tax Exempt Status
- Restricted Disbursement of Funds. No part of the net earnings of AFCON shall be given to, or used to benefit, any individual or organization (whether or not a member or officer of AFCON), with the exception of reasonable compensation for services rendered or disbursements that will directly further AFCON's goals or tax-exempt status.
- Restricted Political Involvement. AFCON shall not engage in lobbying or any other activity intended to influence legislation, nor shall AFCON support or oppose the election of any candidate for public office or engage in any activity intended to influence the outcome of an election, except to the extend permitted by Sections 501(c)(6) and 170(c)(2) of the Internal Revenue Code of 1986 or the corresponding sections of any future United States Internal Revenue code.
- Interpretations of this Constitution. Nothing in this Constitution shall be construed to permit any activity not permitted to be carried on by (a) a corporation exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986 (or the corresponding sections of any future United States Internal Revenue code) or (b) a corporation to which contributions are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding sections of any future United States Internal Revenue code).
- Distribution of Assets or Dissolution. Upon liquidation, dissolution, or termination of AFCON, none of the assets that remain after satisfying outstanding claims shall be made available to any individual or organization except those that qualify as exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986 (or the corresponding sections of any future United States Internal Revenue code).
Adopted February 13, 1988
- revised as recommended by the AFCON Board of Directors, September 11, 1999
- adopted at the AFCON Annual Membership Meeting, November 20, 1999
- revised and adopted at the AFCON Annual Membership Meeting, November 11, 2000