Alternative Dispute Resolution
Maine State Bar Association
ARTICLE I: IDENTIFICATION
1.1 NAME. This section shall be known as: " The Section on Alternative Dispute Resolution" and shall be hereafter designated simply as "the Section."
1.2 PURPOSE. The general purpose of the Section shall be the promotion of the objects of the Maine State Bar Association within the particular fields designated by the name of this Section. To that end, it shall be the purposes of this Section:
(1) to promote the integration of alternative dispute resolution procedures, as appropriate, into Maine practice;
(2) to provide a forum for comment, coordination, and information on developments in ADR that are relevant to the practice of law in Maine;
(3) to disseminate to the bar and general public helpful information in the field of alternative dispute resolution.
1.3 LIMITATIONS. These bylaws have been adopted subject to the Bylaws of the Association, and particularly Article XV thereof.
ARTICLE II: MEMBERSHIP
2.1 ENROLLMENT. Any member in good standing of the Association shall, upon request to the Executive Director of the Association, be enrolled as a member of the Section.
2.2 THE MEMBERSHIP. Members so enrolled pursuant to the provisions of the Article shall constitute the membership of the Section.
ARTICLE III: SECTION ORGANIZATION
3.1 COMMITTEES. This Section is authorized to establish, or to empower the Chairperson of the Section to establish such committees as it may deem necessary and desirable to promote effectively the activities of the Section within the jurisdiction of the Section. In establishing a new committee, the Section shall state the area of its proposed activities.
3.2 CHAIRPERSON. The Chairperson shall announce the membership and the chairperson of each committee of the Section for the following Section year no later that the business meeting held during the Annual Meeting of the Section.
ARTICLE IV: MEETINGS OF THE MEMBERSHIP
4.1 ANNUAL MEETING. The Section shall hold an Annual Meeting of members in conjunction with either the Annual or Summer Meeting of the Association. The Section may hold other meetings of members throughout the year. The notice requirements for such meetings shall be the same as for the annual meeting.
4.2 QUORUM. The members of the Section present at any meeting shall constitute a quorum for the transaction of business.
4.3 CONTROLLING VOTE. Action of the Section shall be by majority vote of the members present.
4.4 VOTING ELIGIBILITY. Any member of the Association and the Section whose good standing can be certified by official Association records shall be eligible to vote.
4.5 NOTICE. Notice in writing of the place and time of the meeting shall be mailed no fewer that seven or more than forty days prior to the meeting to each member entitled to vote at the meeting. In lieu of a separate notice, the notice may be printed in an issue of the purpose of the meeting shall be included.
4.6 AGENDA. Among the matters of business to be transacted at the annual meeting of the membership shall be the election of officers.
4.7 MAIL VOTING. The Chairperson may direct that a matter be submitted to the members of the Section for vote by mail. In that event, binding action of the Section shall be by a majority of the voters received from members in accordance with rules fixed by the Section.
ARTICLE V: OFFICERS
5.1 OFFICERS. The officers of the Section shall be the Chairpersons, the Vice-Chairperson, and the Secretary-Treasurer.
5.2 CHAIRPERSON. The Chairperson, or the Vice-Chairperson, in the absence of the Chairperson, shall preside at all meetings of the Section. The Chairperson shall appoint the chairs and members of any committees of the Section who are to hold office during the term of the Section Chairperson. The Chairperson shall plan and superintend the program of the Section during his or her term, subject to the directions and approval of the Board and shall superintend the performance of all activities of the Section. The Chairperson shall keep the Board duly informed and carry out its decisions.
5.3 VICE-CHAIRPERSON. The Vice-Chairperson shall aid the Chairperson in the performance of his or her responsibilities in the manner and to the extent the Chairperson may request.
5.4 SECRETARY-TREASURER. The Secretary-Treasurer shall consult with and assist all the officers of the Section as to the work of the Section generally in the manner and to the extent they may request. The Secretary-Treasurer shall be the liaison between the Section and Association staff regarding the retention and maintenance of the Section's financial accounts, financial records, books, papers, documents, and other property pertaining to the work of the Section in the custody of the Association. The Secretary-Treasurer shall keep a true record of the proceedings of all meetings of the Section, whether assembled or acting under submission. The Secretary-Treasurer, in conjunction with the Chairperson, shall attend generally to the business of the Section, and shall keep an accurate record of all monies expended for the purpose of the Section, if appropriate. At least once each year, the Secretary-Treasurer shall prepare a projected budget to the Section for approval or modification at the time of the annual meeting, or the Section may expressly fix such other time as. Once approved, the Section budget shall be submitted to the Association's Board of Governors for action. The Secretary-Treasurer shall prepare such other recommendations and special reports on financial affairs of the Section as may be requested by the Chairperson of the Section.
ARTICLE VI: ELECTIONS
6.1 ELECTIVE OFFICES: At each annual meeting of the Section, the membership shall elect a Chairperson, a Vice-Chairperson, and a Secretary-Treasurer. Each officer shall serve a one year term or until a successor has been elected. Officers of the Section may be elected for additional terms. The election of the Chairperson is subject to confirmation by the Board of Governors of the Association pursuant to Article X of the Association bylaws.
6.2 ELIGIBILITY FOR OFFICE. Any member of the Association and the Section whose good standing can be certified by official Association records shall be eligible for office.
6.3 NOMINATIONS AND VOTING. Section members shall elect their officers at their annual meeting.
6.4 TERM OF OFFICE. The term of office shall begin with the appointment by the President of the Association following the election and shall end following the Annual Meeting at which a successor has been duly elected. If at the close of any term a successor has not been elected, the term shall be extended until a successor shall have been elected.
ARTICLE VII: REPRESENTATION OF ASSOCIATION POSITION
Any action by this Section must be approved by the Board of Governors of the Maine State Bar Association before action can be effective as the action of the Maine State Bar Association. Any resolution adopted or the Chairperson shall on request of the Section, report action taken by the Section to the Board of Governors for action by the Association. In all respects, Article XV of the Association Bylaws shall govern.
ARTICLE VIII: AMENDMENTS
These Bylaws may be amended at any annual meeting of the Section by a majority vote of the members of the Section present and voting. They shall become effective upon approval by the Board of Governors.