BANKRUPTCY & REORGANIZATION SECTION
Approved: January 21, 1975
ARTICLE I. Name and Purpose
Section 1. Name. The name of this Section shall be "Bankruptcy and Reorganization of the Maine State Bar Association".
Section 2. Purposes. The purposes of this section are:
(a) To provide an organization within the Maine State Bar Association to all members in good standing of the Maine State Bar Association who have a common interest in bankruptcy and reorganization law and practice.
(b) To provide a forum for discussion and exchange of ideas leading to the improvement of the laws relating to bankruptcy and reorganization.
Article II. Membership
Section 1. Eligibility. Any member in good standing of the Maine State Bar Association interested in the purposes of this section is eligible for membership upon application and payment of this section's annual dues. Any member who ceases to be a member of the Maine State Bar Association in good standing shall no longer be a member of this section. Advisory members may also be appointed by the Chairman.
Section 2. Administrative Year. The administrative year of the section shall run concurrently with the administrative year of the Maine State Bar Association.
Section 3. Annual Dues. The annual dues shall be in an amount fixed by the Executive Council and approved by the Board of Governors of the Maine State Bar Association. There shall be no proration of annual dues. Upon becoming a member, dues shall be payable thereafter in advance of each membership year. Any member whose dues are in arrears for a period of three months shall thereupon cease to be a member of the section.
Article III. Officers
Section 1. Selection of Officers. The officers of this section shall be a chairman, a chairman-elect and a secretary-treasurer. The chairman-elect shall become chairman in the manner provided by these bylaws. The chairman may appoint a committee of not more than three members of the section who shall nominate an active member of the section for the office of chairman-elect. Other nominations for the position of chairman-elect may be made by any five (5) members in good standing who shall file with the secretary at least thirty (30) days prior to the annual meeting a petition setting forth the name of any such nominee and the office to which he is to be nominated, and the secretary shall forthwith notify the other officers of the section of such nomination. Nominations from the floor are to be excluded. The secretary-treasurer shall be appointed by the chairman of the section.
Section 2. Duties of Officers.
(a) Chairman. The chairman shall preside at all meetings of the section and at all meetings of the Executive Council of the Section. He shall appoint the secretary-treasurer and the membership of all Committees, prepare all reports to be submitted to the Maine State Bar Association or to the Board of Governors of the Maine State Bar Association, and perform such other duties as customarily pertain to the office of the chairman. The chairman shall be an ex-officio member of each committee of the section.
(b) Chairman-elect. The chairman-elect shall become chairman in the event of death, resignation or failure of the chairman to serve for whatever reason; provided, however, that in case of temporary disability or absence of the chairman, the chairman-elect shall serve as acting chairman only for the duration of the chairman's disability or absence. The chairman-elect shall be responsible for such duties as the chairman may designate. The chairman-elect shall be an ex-officio member of each committee of the section, and shall serve as a member of the Executive Council as provided in Article IV, Section 2.
(c) Secretary-Treasurer. The secretary-treasurer shall have the responsibility of accounting for all funds of this section, shall approve all disbursements and shall prepare financial statements, shall keep the permanent files and records of the section, including minutes of meetings of the section and of the Executive Council, and shall keep various committee reports, except such services as are performed by the Maine State Bar Association. The secretary-treasurer shall be in charge of the membership program of the section and shall be chairman of the committee on membership.
Section 3. Term of Office.
(a) Chairman. The term of office of the chairman shall begin at the conclusion of the next annual convention of the Maine State Bar Association after the date of adoption of these bylaws and shall end at the conclusion of the annual meetings of the Maine State Bar Association, two years thereafter at which time he shall be automatically succeeded by the chairman-elect.
(b) Chairman-elect. The term of office of the chairman-elect shall run concurrently with that of the chairman.
(c) Secretary-Treasurer. The term of office of the secretary-treasurer shall begin with his appointment by the chairman of the section and shall end on the date that a successor is appointed.
Section 4. Vacancies. The chairman shall fill all vacancies except vacancies in the offices of chairman and chairman-elect, which latter vacancies shall be filled in the manner provided by these bylaws. In the event that the offices of both chairman and chairman-elect become vacant, then the Executive Council shall fill the vacancy of chairman from among its members for the unexpired term, and at the next annual meeting of the section, a chairman and chairman-elect shall be elected and they shall take office in the manner provided for in these bylaws.
Section 5. Initial Section. Upon approval of the bylaws, the chairman of the present Bankruptcy and Reorganization Section, Gregory A. Tselikis, shall become the chairman of the section, James Goodman shall become the chairman-elect, and Bruce Coggeshall shall become the secretary-treasurer. The initial offices shall serve until the conclusion of the annual meeting of the Maine State Bar Association, 1976, at which time the chairman-elect shall become the chairman, and the secretary-treasurer the chairman-elect, both for the ensuring term.
Article IV. Executive Council
Section 1. Governing Body. The Executive Council shall be the governing body of the section between the annual meetings of the section. The chairman of the section shall be the chairman of the Executive Council and the secretary-treasurer of the section shall be the secretary of the Executive Council. The Executive Council shall conduct its business at regular and special meetings as provided for in these bylaws; provided, however, the business of the Executive Council between regular meetings may be conducted by correspondence to the extent authorized by the chairman.
Section 2. Membership. The membership of the Executive Council shall consist of the chairman, chairman-elect, secretary-treasurer, immediate past chairman of this section, and at least four other members elected by the section each year. Commencing with the first annual meeting and each year thereafter, the members of the Executive Council retiring that year shall serve as a nominating committee for the purpose of presenting to the annual meeting of the section the names of nominees for the vacancies to be filled by the membership by a plurality vote. Nominations for such vacancies may also be made from the floor during such annual meeting.
Section 3. Term of Office. All members of the Executive Council shall serve a term of two years, commencing with the conclusion of the annual meeting of the Executive Council following their election and ending at the conclusion of the annual meeting of the Executive Council two years thereafter.
Section 4. Vacancies. If at any time during his term of office, a member of the Executive Council shall permanently vacate his office by reason of death, resignation, ineligibility or other reason, such office shall be filled for the balance of such term by vote of the Executive Council at the next meeting of the Executive Council unless otherwise provided herein.
Section 5. Initial Selection. Upon approval of these bylaws of this section by the Board of Governors of the Maine State Bar Association, the chairman shall appoint the initial Executive Council to serve until the first regular annual meeting.
Article V. Committees
Section 1. Committees. The standing committees of the section and their functions shall be as follows:
(a) Committee on Education and Information. The Committee on Education and Information shall be responsible for cooperation with and furnishing articles for publication in the Maine Bar Bulletin. It shall also be the responsibility of this committee to publish and distribute as it deems appropriate, a section news bulletin; such publication and distribution to be under the direction of the Executive Council. In addition, this committee shall be responsible for cooperation with appropriate sections of the Maine State Bar Association in arranging legal institutes and other similar programs; for furnishing speakers on subjects related to the section and to local bar associations and other groups.
(b) Committee on Membership. The Committee on Membership shall be primarily concerned with the retention of and increase in the membership of the section.
Section 2. Special Committees. The chairman of the section may appoint any additional special committees.
Article VI. Meetings
Section 1. The Section. The annual meeting of this section shall be held at each annual winter meeting of the Maine State Bar Association. The notice to all members as to time and place of such annual meeting shall be deemed to be the notice provided by the Maine State Bar Association of such winter meeting. The members of the section present in person at any annual meeting shall constitute a quorum and a majority vote of those present shall be binding.
Section 2. Executive Council. Each new Executive Council shall hold its organizational meeting during the annual meeting of the Maine State Bar Association. The Executive Council shall hold another regular meeting between each annual meeting, provided however, the business of the Executive Council may be conducted between its meetings by correspondence to the extent authorized by the chairman. The date and location of the regular meeting shall be fixed by the chairman of the section and written notice of such date and location shall be given by the chairman to each member of the Executive Council at least 14 days prior to the date thereof. Special meetings of the Executive Council shall be held at such times and such places as the chairman may designate by written notice to each member of the Executive Council at least 14 days prior thereto. It is the policy of the section that such meetings be held in places to best serve the travel convenience of the greatest number of Council members. At such meetings, the written proxy of any member shall be recognized and may be voted by the holder therein designated. The majority of the Executive Council, whether by person or by written proxy, shall constitute a quorum for any regular or special meeting and the majority vote of such quorum shall be binding with reference to a quorum of the Executive Council. In determining the quorum of the Executive Council, the past chairman, by virtue of such office, will not be counted.
Section 3. Convention Program. The Executive Council shall be responsible for the section program for the annual meeting of the Maine State Bar Association. Any such program shall provide adequate time for the annual meeting of the section and the chairman shall prepare the agenda for such business meeting.
Article VII. Amendments
These bylaws may be amended at any annual, regular or special meeting of the section by a majority vote of the members of the section present and voting, provided that no amendment so adopted shall become effective until approved by the Board of Governors of the Maine State Bar Association.
Article VIII. Miscellaneous
Section 1. Action of the Maine State Bar Association. No action of this section shall be represented or construed as the action of the Maine State Bar Association until the same has been approved by the Board of Governors of the Maine State Bar Association. All recommendations of the section to the Maine State Bar Association, Board of Governors of the Maine State Bar Association, any branch of the judiciary or to any group or body to which the recommendations may be directed must first be approved by the Executive Council and if made to other than the Board of Governors of the Maine State Bar Association, it shall have the prior approval of the Board of Governors of the Maine State Bar Association.
Section 2. Financial Obligations. Before payment, all financial obligations must first be approved in the manner specified by the Executive Council.
Section 3. Compensation and Expenses. No salary or other compensation shall be paid to any member of this section for performance of services to the section, but the chairman may authorize the payment of reasonable out-of-pocket expenses resulting from performances of such services.
Section 4. No action of this section shall be contrary to the policies of the Maine State Bar Association as established by its Board of Governors.
Article IX. Adoption
These bylaws shall be adopted upon the date they are approved by a majority of the present membership of the section and approved by the Board of Governors of the Maine State Bar Association.