BENGALI SOCIETY OF FLORIDA
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BYLAWS Amendments Passed on Oct 28th, 2023, by members majority votes.
Location – Seminole High School, Sanford, Florida
Presidential Candidate Requirement:
To be nominated for a Presidential post, the candidate must be a valid registered member of the society
in a good standing order for at least the last THREE consecutive years and must fulfill at least ONE
other from the three following criteria. There will be No nomination for President from the floor of the election day.
- The candidate must have served as an executive officer for at least one complete full term of an
Executive Committee (EC) of the Bengali Society of Florida (BSF) in the last 10 years prior to
applying for a Presidential Post. - Must have the approval of at least 2 Ex-Presidents of the Society or support from two of the
members from the Board of Trustees (BOT). - Must have overwhelming approval of the member population during the nomination process.
(20 plus nominations for the Presidential candidate – May call popular vote)
Accounting process, Accounting Responsibilities, Executive Committee responsibilities &
Executive Committee responsibilities to the Board of Trustees: - The executive committee must use recognized accounting software to do their accounting, for
example, QuickBooks Pro. - All accounting must be properly documented. All receipts for cash expenses must be kept and
saved for at least 5 years. - The executive committee must provide official receipts to members on written request in a
timely manner. - The executive committee must always maintain liability insurance. The limit for the liability
should be at least one million. - The executive committee must file income tax by the IRS deadline. A copy of the tax return must
be provided to the Board of Trustees, uploaded to the BSF website, and to any members, on
written request.
Executive Committee responsibilities to the Board of Trustees: - The president and treasurer will submit the following to the board of trustees once a year other
than bank statements and balances (twice). All these reports are due Jan 1st with 30 days
grace period. - Submit Bank statements and balances in all accounts every 6 months.
- The first one is due by July 30th.
- The second one is due by Jan 30th. – No grace periods.
- P&L statement (Jan 1st – Dec 31st) in proper accounting format.
- Balance sheet in proper accounting format.
- Accounts payable and Accounts receivable
- Proof of Liability insurance
- Provider Tax return
- Proof of all bill payment status – a) insurance b) storage c) All utility bills 4) Property taxes of
any BSF-owned assets 5) Any other taxes & licenses. - Must provide complete information on any single expense anytime if it is over 50% of the yearly
budget. Must get written permission from the Board of Trustees. The Board of Trustees will not
unreasonably hold in providing/granting permission. - If the executive committee is planning to use any funds from savings and CDs.
- Comply in all respects if the Board of Trustees appoints auditors.
- If the executive committee fails to provide the following information as needed by the deadline
mentioned above, then the board of trustees can officially notify the EC via email or mail,
requesting all needed information within the next 30 days from the grace period. Deadline Feb
15th. Same for the bank statements and balances – 30 days grace period from the deadline.
Failure to receive the requested documents, the board of trustees can appoint someone
qualified from BSF members in good standing as a receiver and call for an election.
Exceptions – The Executive Committee along with the president must communicate via email or mail and provide causes for the delay. unforeseen reason / health issue / Some personal issue. Board of Trustees, in this circumstance may provide another 30 days grace period based on their own discretion.
Indemnification:
All members agrees to indemnify and hold harmless the society, all its past & present executive
officers, its employees, agents, representatives, and affiliates from all claims, losses, or causes of action for any injury or damage to the members and his / her family, or to the property of the member’s employees, agents, representatives, member’s family, that is not the result of willful or wanton conduct or gross negligence on the part of the society, all its past & present executive officers, its employees, agents or representatives.
Member categories:
Annual membership is paid for every calendar year. Each BSF member is eligible for membership
rates when the yearly membership is paid in full.
Only valid members with 2 years of consecutive fully paid membership have the right to vote for BSF elections.
- Regular Member: Any self-supporting person over 18 years of age.
- Member Emeritus: Those individuals or couples (either spouse) who are currently. members in good standing of the Association, have been members in good standing of the Association for fifteen (15) years or longer. Members Emeritus shall be recognized in a special Member Emeritus Section at the beginning of the annual Abhijanmagazine. Not eligible for any special discount other than recognitions in Abhijan.
- Senior Member: Any person over 65 years of age. Not eligible for any special
discount. - Student Member: Any self-supporting person over 18 years of age who is currently. Enrolled as a full-time student in a recognized institution.
- Youth Member: Any person under the age of 17 years with a parent or guardian currently holding a valid membership in BSF.
- Sponsor Members: Must pay annual memberships. Sponsor members shall be
recognized officially in Abhijan magazine and may be recognized in other ways,
during events, or via online or society’s website publicities with permission from
Sponsors. - Requirement to be eligible for Student membership:
Student Discount: To qualify for the rates of Self-Supporting Student, you must say “YES” to all.
the following statements. - The Executive Committee has the full authority to establish annual membership fee rates and
the membership structures. - The membership fees are due by March 31st. However, the Executive Committee can extend the
March 31st deadline on their discretions. - The Executive Committee has the full authority to establish sponsorship categories and
sponsorship fee structures. - The Executive Committee has the full authority to establish the fee structures for any
individual event throughout the year based on the event budget. - Any rate increase or decrease, of more than 10% from the established membership fee or the
sponsorship fee structures of the previous year shall be supported by a Budget from the Executive
Committee. - Valid members’ rate must be discounted or lower in amount than non-members in most events
unless the Executive Committee decides differently for some other specific reason.
Excused from Dues & Fees:
Executive Committee has the full discretion and can excuse/waive any dues or fees for any members under any special or unusual circumstances including financial reason/distress.
Membership Cancellation:
A member who has been convicted of a felony or who has violated any of the provisions of the Charter and By-Laws of the Constitution shall be liable to censure, suspension or expulsion which shall be determined by the Board of Trustees and the Executive Committee through a voting system obtaining majority votes.
The Board of Trustees and the Executive Committee jointly have the power to cancel any membership.
The Board of Trustees and Executive Committee must have a majority vote among themselves before revoking any membership. Cancellation of any membership will be only allowed when there are overwhelming proofs and reasons.
In addition, the Society membership will be void, and will be refused entry under the following
circumstances. This decision is also determined by the Board of Trustees and the Executive Committee with majority votes. There should be overwhelming or legitimate proofs and reasons. - If the members intentionally do not follow the rules and regulation of the Society causing the
society financial harm or its reputation or both. - If the members intentionally try to harm the Society or work against any interest of the
Society.
Re-Instate of Membership.
A cancelled member can apply to rejoin the society after THREE years from the date of cancellation by
writing a simple letter explaining his/her stand. But the Board of Trustees and the Executive Committee are the only ones who can approve or disapprove the application with a majority vote.
The registered agent: - The president can act as a registered agent.
- The President has the right to change and appoint anyone as a registered agent with a
permanent address and phone number at any time during the two-year Term. - The registered agent is not a member of the corporate or part of the executive committee and
has no power other than as described in the State of Florida laws or statutes. - Re-phrase wording as – “no additional authority other than as described under state of
Florida laws or statutes.
Voting Rights and Committee Term Limits:
Voting Rights: BSF Members, who are members in good standing with minimum two years of
consecutive fully paid membership, except Youth have the right to vote.
Executive Committee Term: Two Calendar years. (Jan 1st – Dec 31st). Executive Committee can be re- electable. There is No Term limit but must go through election process every two years if needed.
If there is no nomination for a new Presidential Candidate, then the executive committee can continue for an additional year with the approval of Board of Trustees. After three years, if there is still no new nomination, Board of Trustees will either appoint a receiver or run themselves to continue the regular business for the society until the next election.
Nomination Committee:
The Three members nomination committee is selected by the President and the Executive Committee and should be effective for one EC nomination process only. The President and the Executive committee designate one of the three members as Chairperson of the committee. The Nomination Committee is an independent body who is responsible for one election.
Qualification to be on the nomination Committee: - Must be a paid member of the society for at least 3 years.
- Must not be related or a family member of any Executive Committee 3) Can’t be related or
a family member of the incoming executive Committee.
Nomination Process: - Election frequency: Every two years
- Only valid members with a fully paid membership can nominate any candidate of their choice
by sending a simple email to the nomination committee. No nomination form is needed. - The nomination deadline for President is September 7th.
- The executive committee has full authority to change the deadline to facilitate the event date.
- A presidential candidate must receive 3 nominations to be a valid candidate.
- 14 days prior to the election date, the Presidential nominee should submit the following names
to the nomination committee. A) Vice President b) Secretary c) Treasurer and d) Member-atlarge.
One name for each position is adequate for election purposes. - There will be an election if the nomination committee receives multiple nominations for the
President and when both Presidential nominees are ready to compete for the Presidential
position. - There will be No election if one of the nominees decides not to compete through election.
- Nomination Committee decides the election date. The election must take place in between Oct
and Nov. - EC will work closely with the nomination committee for election purposes and provide all
logistics helps. - Nomination committee will not discuss or disclose any information to any members, executive
committee or to board of trustees. - Nomination Committee will not contact any of the proposed committee member without the
consent of the Presidential nominee.
Voting method:
Only valid BSF member can vote in an election. Executive committee will make sure the voting form is easily available to the members. - In person – On election day
- Via United states postal service (Must reach the day prior to the election day to specific
address belong to any member of the nomination committee. - No phone voting is allowed.
- No text voting is allowed.
- No Email Voting allowed.
OFFICERS – President will select the executive committee members of choice for the term of the
presidency. All the Executive Members should be in good standing with the society and must be a
valid member. President has the full authority to replace any of the Executive members any time
during the term on presidential discretion.
PRESIDENT– The President shall be the official head of the organization. He shall preside at all
meetings of the Society, appoint all committees not otherwise provided for, and shall perform such
other. duties as are normally required of this office. The President has full authority to replace any of executive committee member on his / her own discretion. The President needs majority EC votes
before he can finalize anything or take any decision. He shall be, ex officio, a member of all committee where he shall be a member with full rights and privileges. He shall serve as Chairman of the Executive Committee.
VICE-PRESIDENT – The Vice-President shall assist the President in the performance of his / her
duties, shall preside in his absence, and on his death, resignations, or removal from the Society, shall succeed to the presidency.
SECRETARY – The Secretary shall record the minutes of the meetings and receive and care for all
records and papers belonging to the society, including its constitution. He / She shall notify each
member of the Society as to the timer and place of each meeting, and whenever possible, give the
program for the meeting. He / She shall keep account of and promptly turn over to the Treasurer all
funds of the Society which may come into his hands. He / She shall make and keep a list of the
members of this Society in good standing, noting of each his correct name and address. He / She
should keep records of all educational, cultural programs of the Society and forward the necessary
information to the executive Committee or the annual meeting of the Society if necessary.
TREASURER – The Treasurer shall receive all dues and money belonging to the Society from the
Secretary or members and shall pay out the same only based on some previously approved guidelines by the president.
MEMBER-AT-LARGE – The member-at-Large is a member of the Executive Committee who shall
assist the President and the Executive Committee.
Special funding / Donations / Gifts to individuals / Gifts to any special group / Gifts to
charitable organizations
Executive Committee must have the majority votes prior to any kind of donations or gifts up to $250 or same in value given to any individual / individuals / group / groups / non-profit groups /
charitable organizations etc.
Anything over $250 or with value over $250 – must get permission from Board of Trustees. No gift or
donation of any kind can be shown as operating expense for accounting purposes.
No individual from the Executive Committee including President has the right to withhold any funds
when raised for a special purpose for any special cause.
Fabricated Documents / false documents.
Any Executive members who provide fabricated documents of any kind must be removed from the
executive committee at once for good and will lose to work in any future executive committee in any capacity.
Board of Trustees:
Effective Date: Durga Puja 2023
Number of BOT members = 3
The board of trustee candidate must meet the following conditions:
- Must be at least age of 35 years
Must be a BSF member for at least 5 consecutive years. - Must be in good standing in the society
- Should also have served at least one term as an elected officer position in BSF or have
demonstrated sustained documented activity and leadership in BSF for at least 5 years. - Must be an US citizens or permanent residents with green card, are only eligible to run for
election for an office of Trustee. - BOT members cannot be part of the current Executive Committee.
- BOT member cannot have any family member in the Executive Committee.
Process to elect BOT members: Members can decide by voting. - Members can nominate one BOT member of their choice. Each member can only nominate
one candidate. Deadline for Nomination: Aug 31st. Forms will be available at the Society
website. Exact same process as how members elect our president. If we have more than three
candidates, there will be an election. EC will be fully responsible for arranging for a BOT
election during Durga Puja. The top three candidates with the most votes will be elected. - Term 3 years, unlike president term of 2 years.
- No term limit. But the candidate must go through the voting process every three years.
- In case, for some reason, there is no nomination, only then the President and EC committee
can choose and vote on their own. The President must have a majority vote from the EC
committee. - In the case, if one of the members of the board of trustees can’t serve the full term for any reason,
in that case the President and the EC committee have right to appoint someone else with the
credential for the remaining time. No vote is needed in that case. - BOT must agree to share their personal email addresses and phone numbers.
- The three members Board of Trustees will have the same power and will work as a team.
Responsibilities: - BOT’s main responsibility is to see and keep an eye on the overall activity status of the society.
- The president and treasurer will submit the following to the board of trustees once a year other
than bank statements and balances (twice). All these reports are due Jan 1st with 30 days
grace period. - Account payable and Account receivable Proof of Liability insurance
- Provider of Tax return
- Proof of all bill payment status – a) insurance b) storage c) All utility bills 4) Property taxes
of any BSF-owned assets 5) Any other taxes & licenses - Must provide complete information on any single expense anytime if it is over 30% of yearly
budget. Must get written permission from the BOT. BOT will not unreasonable hold
providing/granting permission. - When the executive committee is planning to use any funds from savings and CDs When the
the executive committee is planning to spend 30% of the budget on a single item. - All communication between BOT and EC must be via email.
- Submit Bank statements and balances in all accounts every 6 months. 1) First one – Due by
July 30th. 2) Second one – Due by Jan 30th. – No grace period. - P&L statement (Jan 1 – Dec 31st) in proper accounting format. Balance sheet in proper
accounting format. - BOT will have a judicial role, in interpreting the Articles of Incorporation and bylaws, and in
mediating or arbitrating disputes or disciplinary actions referred to it. Such judicial
intervention will be at the request of EC or the General Body of Members by resolution. - BOT will have executive authority to appoint auditors and receive audit reports if needed.
- If the executive committee fails to provide the following information as needed by the
deadline mentioned above, then the board of trustees can officially notify the EC via email or
mail, requesting all needed information within the next 30 days from the grace period. Deadline
Feb 15th. Same for the bank statements and balances – 30 days grace period from the deadline.
Failure to receive the requested documents, the board of trustee can appoint someone
qualified from BSF members in good standing as a receiver and call for an election.
Exceptions – The EC along with the president must communicate via email or mail and provide
causes for the delay. unforeseen reason / health issue / Some personal issue. BOT, in this
circumstance may provide another 30 days grace period based on their own discretion.