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NEW YORK STATE CASE CONSTITUTION
NOTE: Revised CNYSEA Constitution to be added following final editing, summer, 2005.
NEW YORK STATE CASE CONSTITUTION
Article I - Name
Section 1. The name of this organization shall be the New York
State Council of Administrators of Special Education, hereinafter referred
to as New York State CASE.
Section 2. New York State CASE shall be affiliated as a subdivision
of CASE and as a division of the New York State Council for Exceptional Children.
Article II - Purpose
The New York State CASE is organized to promote professional leadership, provide opportunity for study of problems common to its members, and to communicate through discussion and publications information that will develop improved services for exceptional children on a national basis, and within the State of New York State.
Article III Membership
Section 1. Active membership is open to anyone who is a current
member of the Council for Exceptional Children and (a) administers,
directs, supervises, and/or coordinates a program, school or classes of
special education for exceptional children in one or more categories as a
major responsibility, (b) former administrators of special education
currently employed full time in another capacity, and (c) college faculty
whose major responsibility is the professional preparation of admins
trators of special education within the State of New York. Active member
ship entitles the member to attend all meetings of the division, to vote on
all questions presented to the membership, to hold office and to serve as a
committee chairperson.
Section 2. Associate membership is open to any member of the Coun
cil for Exceptional Children who has been an active member of New York
State CASE for three or more consecutive years who is not eligible for
active membership. Associate members may enjoy all privileges of active
membership except that of voting, holding office or serving as a committee chairperson.
Section 3. Student membership is open to members of the New York
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State Council for Exceptional Children who are in attendance during the academic year at an accredited college or university, who are enrolled in a graduate program for preparation of administrators of special education and who are not engaged in full-time employment. Student membership entities the member to all privileges of active membership.
Section 4. Retired membership shall be awarded to a person who
has retired from his/her responsibilities and -is no longer eligible for
active membership in New York State CASE. Retired members may enjoy
all privileges of active membership except that of holding office or serv
ing as committee chairperson unless elected prior to retirement.
Section 5. The membership year shall be July through June 30.
Article IV Fees
Section 1. The Executive Committee shall recommend the type and
amount of fees. The amount shall be subject to approval of members at
the annual business meeting. Fees for publications, registrations, etc.
may be assessed as set forth by the Executive Committee and approved by
the membership.
Section 2. Active and associate members shall be subject to the
regular rate established for payment of fees. Student and retired mem
bers shall be subject to a rate one-half that established for active mem
bers. A past president of New York State CASE who is retired from full
time professional responsibilities is eligible for a retired membership
and is exempt from payment of fees.
Article V Officers
Section 1 Conditions of Office:
1.1 Division council officers must be members in good standing of both New York State CASE and New York State CEC at the time of nomination and election and remain so throughout the term of office.
1.2 Candidates for division council office must be individuals who meet condition 1.1 above and who are active or student members OTA of New York State CASE.
1.3 Should any officer not fulfill the functions of said office, the following recall procedures will be implemented:
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1.3.1 A petition for removal of a New York State CASE officer shall be made by at least five (5) members of the New York State CASE Executive Committee by submitting this to the President. If the President is the subject of the petition, it should be submitted to the P resid ent- Elect. Such a petition shall indicate the problems or concerns and indicate why the person should be removed from office.
1.3.2 The President (or President-Elect), in conjunction with at least two (2) other members of the Executive Committee, shall contact the person in question and shall establish a date to review the situation with this person.
1.3.3 At the time of the meeting, an outline should be developed listing the necessary corrective actions the person must take to fulfill the duties of his/her elected office.
1.3.4 If the corrective action is successful, the matter will be dropped and the person will remain in office.
1.3.5 If, after the time of probation, the person is not fulfilling the duties, the President (Preside nt- Elect) will present the matter in writing to the Executive Committee. The Executive Committee will have the power to require a majority vote of the Executive Committee members with the removal from office effective immediately.
1.3.6 The Executive' Committee will present written notice of removal or recall to the person in question. The person will have thirty (30) days to submit to the President (President- Elect) a written notice of appeal.
1.3.7 Upon receipt of the appeal, the President (President- Elect) will turn the written appeal over to an Appeal Board. The Appeal Board shall be appointed by the President (President- Elect) and shall be composed of five (5) persons who are official members of the New York State CASE Board of Directors.
1.3.8 The five (5) members of the Appeal Board shall be- called together by the President.
1.3.9 At the meeting of the Appeal Board, the Executive Committee may be present, but will not be able to vote on the appeal. A majority vote of the Appeal Board will be necessary to overturn the Executive Committee's decision to remove the elected New York State CASE officer in question from office. Such vote will constitute reinstatement of the elected New York State CASE officer in question, effective upon written notification to that officer.
1.3.10 The officer whose appeal has been considered shall be provided the Appeal Board decision in writing within fifteen (15) days.
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Section 2. The elected officers of New York State CASE shall be as
follows: President, President- Elect, Immediate Past-President, Secretary,
Treasurer and Division Liaison.
The appointed officer of New York State CASE shall be a
Member-At-Large and regional representatives.
Section 3. The President, President-Elect, Secretary, and Treasurer
shall each serve a two year term. The Division Liaison of the New York
State Council of Exceptional Children shall serve for four years. The
Division Liaison nominated by a division member in good standing shall be
elected by division membership. The elected division representative shall
serve on the New York State CEC Executive Board to represent the interest
and involvement of his/her division. The division representative may
succeed himself/herself unless prohibited by Division By-Laws and
Policies. All elected officers shall assume office on July 1st. They shall
continue until July 1st two (2) years later. All officers shall be expected
to complete the duties of their offices by the end of the fiscal year in
which their terms of office terminate.
Section 4. In case of a vacancy occurring in the office of President,
the President-Elect shall assume the office of President. I n case of a
vacancy occurring in the office of President-Elect or in the event that he/
she succeeds the President for any reason, the office of President-Elect
shall remain vacant until the next annual business meeting of New York
State CASE. During the interim, however, the President, with the approval
of the Executive Committee, may appoint an acting President-Elect until
such replacement can be duly elected.
Section 5. In case of a vacancy occurring in the office of the Secre
tary or Treasurer, the President, with the approval of the Executive Com
mittee, shall appoint a temporary replacement to serve until the next
business meeting of New York State CASE.
No officer shall be elected to the same office for more
thank two successive terms.
Section 6. The President. The President shall preside at the annual
17A business meeting of New York State CASE and at meetings of the Executive
Committee and Board of Directors. He/she may appoint all standing and
SiDecial committee chairpersons (except those specifically provided for in
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this constitution) subject to the approval of the Executive Committee, and shall be ex-officio member of all committees with the exception of the Nominating Committee. This officer shall act for New York State CASE between annual meetings, clearing by mail or telephone wherever necessary important actions with the Executive Committee. The President or such alternate as he/she may designate shall represent New York State CASE at meetings of other groups where New York State CASE representation is desired or required. The President shall represent New York State CASE at the delegate assembly of the Council for Exceptional Children and shall appoint an alternate in case of hisi'her absence. The President may appoint a parliamentarian and historian to serve at all business meetings of New York State CASE.
Section 7. The President-Elect. The President-Elect shall serve in
the event of resignation or absence of the President. He/she shall accede
to the office of President from the position of President- Elect. He/she
may serve as representative to the New York State CEC Convention Pro
gram Committee, chairperson of the New York State CASE Convention/
Program Meetings Committee and shall serve in other capacities as desig
nated by the President.
Section 8. The Secretary. The Secretary shall keep accurate min
utes of all general meetings of New York State CASE and of the meetings
of the Executive Committee. He/she shall carry on correspondence as
necessary in regard to matters as delegated by the President.
Section 9. The Treasurer. The Treasurer shall receive and disburse
upon proper authorization all funds of New York State CASE. He/she shall
develop an accurate record of receipts and expenditures and present a
report at each annual meeting. He/she shall be responsible for submitting
tax reports for New York State CASE. The records of the Treasurer may be
audited annually by a party or agency approved by the President and inde
pendent of the New York State CASE Executive Committee. The Treasurer
shall draw up a proposed budget for the forthcoming year and submitted a
the annual business meeting.
Section 10. The Immediate Past-President. The Immediate Past
President shall serve as chairperson of the Nominations Committee. Dur
ing the first year of the organization a member-at-large will be elected
to a two-year term to serve on the Executive Committee. The member
will be succeeded by the first Immediate Past-President.
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Section 11. The Division Liaison. The Division Liaison shall serve as
a member of the New York State CEC Executive Board of Directors and
shall attend meetings thereof as called by the President; assist in inter
preting corporation organization and purposes to his/her division; facili
tate exchange of ideas periodically through: dispensing of written re
ports; joint meetings and other appropriate means; serve as a resource
through visits to the Executive Board and appropriate meetings of State or
National or where there is a felt need; and e-nsure that his/her division has
appropriate reports on New York State CEC committee and activities cal
endar of events. The division representative must report back and follow
up with New York State CEC information to the representative division
consistent with division policies.
Section 12. The Member-At- Large.
The Member-At-Large shall have
such responsibilities as designated by the President.
Section 13. The Regional Representative. The Regional Repre
tive shall have such reponsibilities as designated by the President
Article VI Meetings
Section 1 New York State CASE shall hold an annual business meeting,
Section 2. Program meetings shall be held upon recommendation of
the Executive Committee.
Section 3. Other meetings are held as needed.
Section 4. Participation at business meetings is restricted to mem
bers in good standing.
Article VII Executive Committee
Section 1. The Executive Committee shall be composed of the offi
cers of New York State CASE. Voting privileges are reserved for the Presi
dent, President- Elect, Past-President, Secretary, Treasurer, Division Lia
ison and Member-At-Large and Regional Representative.
Section 2. The Executive Committee shall meet prior to the annual
business meeting of New York State CASE and at such times as deemed
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necessary. It shall serve as advisor to the President and shall approve appointment of members of standing and special committees. It shall approve the annual budget and payment of all bills. It shall approve appointment, as made by the President of an officer pro-temp to fill a vacancy. It shall act upon matters of business which may arise between annual meetings of New York State CASE.
Article VIII Committees
Section 1. The standing committees shall be as follows: Finance/
Membership, Nominations, and others as deemed necessary by the President.
Section 2. The standing committee chairperson and other special
committee chairpersons shall be recommended by the President with the
approval of the Executive Committee. The chairpersons, with the approval
of the President, shall elect the committee members.
Section 3. The Nominating Committee shall consist of five mem
bers; the Immediate Past President shall serve as chairperson, and, with
the approval of the Executive Committee, will appoint members. A call
for nominations for the officers to be elected shall be made in the Fall.
The committee will check these nominations to determine the eligibility
and availability to hold office. Nominations will be accepted from the
floor during the annual business meeting. From these nominations and
others which may be selected by the committee, a ballot with names for
each position will be circulated by mail in the Winter to all members of
New York State CASE to indicate their preference for each office. The re
sults will be announced at the Winter Meeting. Elected officers will take
office on the following July 1.
Article IX Parliamentary Authority
The rules contained in Roberts' Parliamentary Law and the latest edition of Roberts' Rules of Order, Revised shall govern the New York State Council of Administrators of Special Education in all cases to which they are applicable, and in which they are not inconsistent with the articles of this Constitution.
Article X - Amendments
This Constitution may be amended by a two-thirds (2/3) vote of the members present at the annual business meeting, provided the membership has been notified at least forty-five (45) days prior to the annual meeting of specific language proposed for revision. 011-11