INDIA ASSOCIATION OF YORK (IAOY)

2536 Eastern Boulevard, Suite 444, YORK, PA 17402

(A NON‐PROFIT CORPORATION)

BYLAWS

Version 02 Updated 4/7/2018

Article I General Information
I.01. The registered name for this corporation is India Association of York (IAOY).
I.02. IAOY name shall be used only for the Community Events (as defined in article III.04)
I.03. The principal office of IAOY shall be located in York, PA area. The registered office address of IAOY is 2536 Eastern Boulevard, Suite 444, York, PA 17402. The registered office may be changed from time to time by the Executive Committee.
I.04. The fiscal year of this corporation shall begin on January 1st and end on December 31st.

 

Article II Mission
The purpose of IAOY is to engage in any lawful acts or activities to:

1. To provide charitable, social, educational and cultural services

2. nurture the local community’s understanding of the language, culture and customs of India

3. we are the “common bridge” between our Indian heritage and new/current generations.

4. Provide a “gateway” to new Indian residents/visitors in south central PA area

 

Article III Membership

 

III.01 Membership shall be available to any person who:

1. Supports the purposes of IAOY as listed above

Such person may become a member by applying for membership and paying the membership dues. The membership may be modified/canceled in the future with prior approval from the Executive Committee.

 

 

 

III.02 IAOY membership year is the calendar year (January 1 to December 31). 

The annual dues are for the calendar year (January 1 to December 31) and shall not be pro-rated even if a person joins or resigns part way through a calendar year.  The annual dues payable to IAOY by members can be changed by the Executive Committee.

III.03 IAOY regular membership is per residential address only and for all the persons residing at that address.

III.04 IAOY sponsored community events include:

1. Charity events: food bank volunteering, donation drive (once per year)

2. Educational Seminars: Medical information, language classes

3. Disaster relief fund efforts: Hurricane relief fund, etc.

4. Annual Signature events like (but not limited to) summer picnic, Sheri Garba, Diwali Dinner & community trips for entertainment as well as for charitable purposes.

5. Indian languages entertainment such as (but not limited to) dramas, movies, concerts and talent shows.

6. Kids’ activities like bowling, hiking, talent show, etc.

III.05 IAOY sponsored events Entry Fee

IAOY shall be allowed to charge a fee for an event.

III.06 Termination of Membership

Membership in IAOY will terminate for any of the following events, and for no other reason:

1. Receipt by the Executive Committee of the written resignation of a Member, executed by such Member;

2. The death of a Member; or,

3. For cause, for actions inconsistent with IAOY values, and only after due notice and a hearing on the issues.

4. Nonpayment of membership dues for the year.

In order to terminate the membership of any Member for any reason other than the resignation or death of the Member, the Executive Committee shall present their reasons to the entire Executive Committee.   The Executive Committee will then provide such Member an opportunity to be heard and present evidence for the Executive Committee to consider. Any decision by the Executive Committee (majority vote at a meeting at which quorum is present) shall be final and binding. If termination is sought for a Member who is also an Executive Committee member then such person shall not participate in the decision making process of the Executive Committee.

 

 

III.07 Membership Transfer

IAOY membership is nontransferable and not assignable.   A guest of a member must pay the appropriate fee to participate in any event and cannot substitute for a member who does not attend.

III.08 Annual Membership Meetings

An annual meeting of the members shall be held on the IAOY’s Diwali Dinner Day of each year but no later than November 30th.  The members shall approve selected executive committee members, Board members and discuss upcoming year’s activities.

III.09 Special Members' Meetings

Special meetings of the Members may be called by any of the following:

The Executive Committee or Board members with one third majority;

The Executive Committee upon written request signed by one third of the IAOY adult Members.

Such requests and any other material requests shall be submitted, in writing, to the Executive Committee. The Executive Committee shall have 45 days to act on the said request.

III.10 Notice of Membership Meetings

Written notice of each membership meeting, stating the place, date and time of such meeting, and in the case of a special meeting the purpose for which it was called, shall be given by the IAOY secretary.  This notice shall be sent not less than fifteen days before the meeting (unless a greater period shall be required by law in a particular case) to each regular member.

III.11 Quorum of Members’ meeting

The presence of one third of the members entitled to vote shall constitute a quorum for the transaction of business at any membership meeting. One adult member (age 18 and over) per residential address is entitled to vote. The secretary shall maintain a current record of membership.

 

 

Article IV IAOY Committee

IV.01 IAOY Committee

IAOY Committee includes Executive Committee (including Officers) and Board (including Board Members)

Only members who are full time resident of York/Greater York areas for at least one year and have paid membership dues by Nov. 30th of the year and also commit to continue their membership through their term of office are eligible to hold any office. 

The Executive Committee shall have a minimum of nine (9) and maximum of thirteen (13) officers. All committee members will have voting rights. Selected Officers include President, Vice-President, Treasurer, Secretary, Entertainment and Food Committee Officer, Outdoor Committee Officer and Senior Community Officer. The Executive Committee shall nominate a minimum of two and a maximum of six additional committee members. No compensation or payment shall be made to any Executive or Board members except as a reimbursement for actual expenses approved by the Executive Committee or incurred on behalf of the IAOY.

Entertainment, Outdoor, Senior and Youth Committees are allowed to recruit volunteers from the community with the approval from other committee members. The volunteer are not subject to voting rights and are not part of the executive committee.

Board includes at least five community members including but not limited past president and past officers

IV.02 Terms

All Executive Committee members shall hold office for at least two years and until their successors is elected.  A term is defined as a calendar year.

There is no Term limit for Board members. 

IV.03 Responsibilities and Duties for the Executive Committee Member (Officer)

IV.03.01 President

1. Term: 2 years  

2. Provide timely leadership to Executive Committee

3. Responsible for overall financials (with the help from Treasurer)

4. Make decisions with the input from Executive Committee

5. Facilitate and guide each Executive Committee members towards their respected duties

6. Work towards a transition plan

7. Stay current with community events and news

 

IV.03.02 Vice-President

1. Term: 2 years followed by 2 years as President (automatic bid)

2. Provide timely support & leadership to President

3. Facilitate and guide each Executive Committee members towards their respected duties

4. Work towards a transition plan

5. Stay current with community events and news

 

IV.03.03 Treasurer

1. Term: 2 years minimum

2. Responsible for IAOY bank account maintenance

3. Coordinate and file all required federal and state tax returns

4. Prepare and mail acknowledgements of all donations

5. Responsible for overall budget for the current year along with current president

6. Provide timely communication to Executive Committee on IAOY financial records

7. Support/guide president towards raising funds

IV.03.04 Secretary

1. Term: 2 years minimum

2. Shall have custody of all the corporate documents and the corporate seal.

3. Process all incoming mail and outgoing correspondence in a timely manner. 

4. Responsible for recording minutes of the Executive Committee meetings and maintain an up-to-date list of members and their addresses

5. Shall also perform the duties of the Treasurer, in Treasurer’s absence.

6. Shall have custody of IAOY web site maintenance

7. Provide timely update to web master for web page information

8. Provide timely communication to York Indian Community

IV.03.05 Entertainment and Food Committee Officer/s

1. Term: 2 years minimum

2. Responsible for cultural events like:

3. Sheri Garba, Diwali , talent shows, etc.

4. Responsible for estimating budget for cultural events

5. Maintaining approved entertainment budget

6. Responsible for supporting cultural requests from educational institutions

7. Come up with innovative ideas towards cultural events

8. Responsible for working with the Youth Committee Leader

IV.03.06 Outdoor Committee Officer

1. Term: 2 years minimum

2. Responsible for outdoor events like:

3. Picnic, trips, game event, kite flying, etc.

4. Responsible for estimating budget for Outdoor events

5. Maintaining approved Outdoor committee budget

6. Come up with innovative ideas towards outdoor events

7. Responsible for working with the Youth Committee Leader

 

IV.03.07 Senior Community Officer

1. Term: 2 years minimum

2. Responsible for supporting local Senior Community programs including but not limited to health seminars, etc.

3. Responsible for estimating budget for Senior Community events

4. Maintaining approved Senior Community committee budget

IV.03.08 Board

1. Term: ongoing

2. Responsible for providing timely guidance to President and Executive Committee

3. Support/guide president towards raising funds and bringing ideas for the growth of Association and Community

IV.04 Executive Committee Officer Election (Executive and Board)

IV.04.01     Election Committee

There shall be at least five members on the Election Committee. The IAOY Executive Committee shall during January of each year designate the members of the Election Committee to serve for that year.  

IV.04.01.01. Duties of the Election Committee

All persons appointed to serve on the Election Committee shall be members in good standing of IAOY and agree to carry out their responsibilities in a transparent and fair manner. The Election Committee shall ensure that the elections comply with the bylaws but shall otherwise have no power in determining who is nominated or elected for any given position. There will be no favoritism given to any person who is nominated to run for a position.

The President & Vice President post must be filled from the current year (last two years) executive team

The Election Committee shall keep the ethnicity balance in mind towards electing any member of the executive as well as forming Board. The objective for IAOY is to maintain a fair balance towards all the regions of Indian population residing in York/Greater York area. For example, one of the executive committee members is from southern India and to replace him/her; the Executive Committee should consider filling that position from a person representing south India region.

The vacant position must be filled within 60 days with a two third majority from the respected committee members.

IV.05 Executive Committee Member Removal

A member of the IAOY Executive Committee may be removed from the office for any of the following reasons:

1. Resignation of the Executive Committee member, by written notice to the Executive Committee executed by such Officer;

2. The death of Executive Committee member,

3. For cause, for actions inconsistent with service as an IAOY Executive Committee, and only after due notice and a hearing on the issues.

 

In order to terminate any member other than a President for any reason other than the resignation or death of the member, members of the Executive Committee shall present their reasons to the Executive Committee.  The Executive Committee will then provide such member an opportunity to be heard and present evidence for the Executive Committee to consider.  Any decision by the Executive Committee (majority vote at a meeting at which Executive Committee quorum is present) shall be final and binding.

Any vacancy in the office of President during the course of a year shall be filled by the Vice President who shall become the President for the remainder of that year.  Any other vacancy on the Executive Committee shall be filled for the remainder of the year by any person appointed by the remaining members of the Executive Committee.

IV.06 Executive Committee Quorum

A two-thirds (2/3) presence of the total count of the Executive Committee shall constitute a quorum for the transaction of business at any meeting. A two-thirds (2/3) majority vote of the members present will be held valid.

 

Article V Financials and Book Keeping

V.01 Budget

Every year, the incoming Executive Committee (led by President) shall present to the Executive Committee by January end a draft Budget for the year for Executive Committee approval. The budget should provide for each of the IAOY events and general operations.  The objective should be to achieve a balanced budget.

All budget related activities shall be the responsibility of the President with the help of Treasurer and other members.

In addition to events, the Executive team shall also prepare a budget for the charitable events, disaster relief funds, etc.

V.02 Book Keeping

IAOY shall maintain the records for the following items on a regular basis:

1. all membership dues;

2. all Income including membership dues and community/corporation donations

3. all Expenses (with receipts)

4. Yearly financial statements including balance sheet, income statement and cash flow statement

5. file annual reports per government/state requirement

 

The treasurer shall be the responsible person for the accounting relative activities.

V.03 Professional Bookkeeping/Tax Services

The Executive Committee shall engage the services of a professional bookkeeper to handle the bookkeeping of all the accounts and funds of IAOY.   Such bookkeeper shall be supervised by the Treasurer.   Every year the Executive Committee will appoint an outside CPA firm for this service. The expense for this service should be the part of the approved annual budget.

Article VI Communication

VI.01 IAOY Communication

The Executive Committee shall be responsible (in conjunction with the Secretary) for the communication about upcoming events to the membership via email or by calling members who may not have an access to email.  Such communication shall also be deemed appropriate for providing members with any notices required to be served on members. To the extent possible, the news about upcoming events or any other matter should also be posted to the IAOY website.

Article VI Contracts, Checks and Deposits

VI.01 Contracts

The Executive Committee may authorize any Committee Member of IAOY to enter into any contract or execute and deliver any instrument in the name of and on behalf of the IAOY. If required, financial investments will be made with prudence and in instruments where safety of principal is considered. Large investments including physical assets that are capital in nature should be presented to IAOY Executive Committee for approval.

VI.02 Checks

All checks, drafts, or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of IAOY shall be signed by the treasurer and/or an authorized person designated by the Executive Committee. Checks in excess of $1000 and any amount of cash withdrawal require a pre-approval from President, Vice President and the Treasurer.

VI.03 Deposits

All funds of the Association shall be deposited to the credit of the Association under such conditions and in such banks, trust companies, or other depositories as the Executive Committee may designate.

Article VII Receipts and Distribution of Assets

VII.01 Receipt of Donations

IAOY may receive donations from individuals, charitable organizations, corporations, or any other party for restricted or unrestricted purposes. The Executive Committee reserves the right of refusal for gifts in kind. Restricted donations may be subject to prior approval from the Board.

VII.02 Distribution of Funds

IAOY may distribute funds consistent with the mission of the organization or to other non-profit entities upon approval of the Executive Committee.

Article VIII Indemnification and Insurance

VIII.01 Indemnification

Every Director and Officer of IAOY, including members of all committees in the lawful performance of their duties, shall be indemnified by the Association against all reasonable expenses and liabilities, including counsel fees, necessarily incurred, and when approved by the Board, by or imposed upon such Director, Officer or a member of a committee in connection with any threatened action, pending action or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association) to which such Director, Officer, or a member of the committee may be made a party or in which such person may become involved by reason of being or having been a Director, Officer or a member of the committee, or any settlement thereof, whether or not such person is a Director, Officer, employee or member of a committee at the time such expenses are incurred, if such person acted in good faith and in a manner such person reasonably believed to be in or not opposed to the best interests of the Association. This indemnification shall not apply in such cases where the affected Director, Officer or a member of the committee is found to not have acted in good faith or in a manner reasonably believed to be in or not opposed to the best interests of the Association. Provided, that in the event of a settlement, the indemnification herein shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. The provisions of this section shall be applicable to actions, suits or proceedings pending at the adoption hereof or commenced after the adoption hereof, whether arising from acts or omissions occurring before or after the adoption hereof, and to Directors, Officers, and members of a committee and other persons who have ceased to render such service, and shall inure to the benefit of the heirs, executors and administrators of the Directors, Officers and members of a committee referred to in the section. This indemnity agreement shall not inure to the benefit of any indemnitor, insurer, surety, or bonding company.

VIII.02 Liability Insurance

The Association should purchase and maintain insurance on behalf of IAOY against any liability asserted against the Association.

 

Article IX Executive Member Liability and Breach of Duties

Executive Committee members shall not be personally liable to this Association for monetary damages for breach of fiduciary duty related to his/her position, provided that he/she shall continue to be personally liable:

For any breach of duty of loyalty to this Association

For acts or omissions not in good faith or which involve intentional misconduct or a known violation of law.

For any transaction from which an improper personal benefit was derived.

 

Version 02 : updated April 7, 2018