Alabama Administrative Code › Title 130 - ALABAMA STATE COUNCIL ON THE ARTS AND HUMANITIES › Appendix - BYLAWS OF THE ALABAMA STATE COUNCIL ON THE ARTS

Current through Register Vol. 42, No. 9, June 28, 2024
ARTICLE I - OFFICES
Section 1. Principal Office. The principal office of the Alabama
			 State Council on the Arts shall be located in Montgomery.
ARTICLE II - CONSTITUTION AND
			 SEAL
Act No. 551 of the 1967 Regular Session and as amended by Act.
			 No. 1065 of the 1969 Regular Session, Act. No. 689 of the 1976 Regular Session,
			 Act. No. 81-982 of the 1981 Special Session of the Alabama Legislature shall be
			 the Constitution of the Alabama State Council on the Arts, Act 509 of the 1982
			 Regular Session, Act 575 of the 1987 Regular Session, Act 181 of the 1996
			 Regular Session, and Act 416 of the 2002 Regular Session. The seal of the
			 Alabama State Council on the Arts shall be the State Seal. Other emblems or
			 insignia may be utilized for publicity and/or public information
			 purposes.
ARTICLE III - COUNCIL MEETINGS
Section 1. Annual Meeting. The annual meeting of the Alabama
			 State Council on the Arts for the transaction of business shall be held on a
			 date and time designated in the first quarter of the fiscal year. The fiscal
			 year of the Council shall begin on the first day of October and end on the last
			 day of September, in each year.
Section 2. Regular Meetings. The Council shall meet quarterly,
			 four (4) times each year, at such hours, and in such place, as agreed upon by a
			 majority of Council members.
Section 3. Special Meetings. Special meetings of the Council may
			 be called by or at the request of the Chairman, or, in his absence, by the
			 Vice-Chairman or a request from at least five (5) Council members.
Section 4. Action Without a Meeting. Any action required or
			 permitted to be normally taken by the Council at a meeting may be taken without
			 a meeting if a consent in writing, setting forth the action so taken, shall be
			 signed by two-thirds members of the Council. Action may further be taken by the
			 Executive Committee as specified within these By-Laws.
Section 5. Notice of Meetings. Notice of and the regular meetings
			 of the Council shall be given at least ten (10) working days prior to the date
			 thereof of mailing a copy of the notice to each Council member at his last
			 known residence. Notice of special meetings of the Council shall be given at
			 least seven (7) days before the meeting. Each notice shall specify the place,
			 the day, the hour of the meeting, and, in the case of special meeting, the
			 nature of the business to be transacted.
Section 6. Quorum. A simple majority of the Council members shall
			 constitute a quorum for conducting the business of the Alabama State Council on
			 the Arts. No business shall be considered by the Council at any meeting at
			 which a quorum, as defined herein, is not present; the only motion which the
			 Chairman shall entertain at such meeting will be a motion to adjourn.
Section 7. Organization. The meetings of the Council shall be
			 presided over by the Chairman, or, in his absence, by the Vice-Chairman, or, in
			 his absence, by the Secretary of the Council.
Section 8. Presumption of Assent. A member of the Council who is
			 present at a meeting at which action is taken shall be presumed to have
			 assented to the action taken unless his dissent shall be entered into the
			 minutes of the meeting or unless he shall file his written dissent to such
			 action with the secretary of the Council before the adjournment thereof or
			 shall forward such dissent by mail to the secretary of the Council immediately
			 after the adjournment of the meeting. Such right to dissent shall not apply to
			 a member who voted in favor of such action.
ARTICLE IV - COMMITTEES
Section 1. Committees. There shall be an Executive Committee,
			 Grants Review Committee, Long Range Planning Committee, and such other
			 committees as the Chairman with the approval of the Council may from time to
			 time determine and implement. The Council Chairman shall serve as an ex-officio
			 member of all committees, unless otherwise specified in these Bylaws.
			 Appointment of committee members and naming of Chairman of each committee shall
			 be made by the Chairman of the Council. The Council representative to the
			 National Assembly of State Arts Agencies and to the South Arts shall be the
			 Chairman of the Council or a Chairman designee. The committee members shall
			 serve two years concurrent with the term of the Chairman. The Vice-Chairman of
			 the Council shall represent the Council on the Arts License Tag Committee where
			 Council representation is specified by ACT 181.
Section 2. The Executive Committee. The membership of the
			 Executive Committee shall be the Chairman, Vice-Chairman, the Immediate Past
			 Chairman of the Council, if still a member of the Council, the Secretary and
			 the committee chairs as appointed by the Council chairman. A quorum of the
			 Executive Committee shall consist of a majority of the Executive Committee
			 members. The Chairman of the Council shall serve as Chairman of the Executive
			 Committee. The Executive Committee shall meet at the call of the Chairman, at
			 stated times, or on notice to all by any of their own members. Tenure on the
			 Executive Committee shall be two (2) years. The Executive Committee may, during
			 the intervals between meetings of the Council, advise with the Executive
			 Director in all budgetary and policy matters, and shall have powers of the
			 Council in the management of the business affairs of the Council, except to
			 such matters as the Council has by resolution expressly reserved to itself and
			 matters covered by existing state law and/or policy. All actions by the
			 Executive Committee shall be reported to the Council at its next meeting. The
			 Executive Committee shall serve as a search committee related to the hiring of
			 an Executive Director.
Section 3. The Grants Review Committee. The Grants Review
			 Committee shall review all applications, and recommend funding positions to the
			 Council. The tenure of the Grants Review Committee shall be two (2) years, and
			 meetings shall be called by the Chairman of the Grants Review Committee.
			 Advisory Panels along with Council staff will assist the Grants Review
			 Committee in reviewing and recommending projects from arts organizations and
			 educational institutions. An Advisory Panel member can be reappointed for a
			 maximum of three consecutive deadlines. Meetings of the Advisory Panels will be
			 coordinated and facilitated by the Council staff. Expenses of the members of
			 Advisory Panels may be lawfully reimbursed by the Council. Panel members may be
			 compensated for their service, at a rate determined by the Council. All
			 recommendations by the Grants Review Committee shall be reported to the Council
			 at its next meeting succeeding such recommendations and shall be subject to
			 revision and final approval by the Council.
Section 4. Long Range Planning Committee. The Long Range Planning
			 Committee of the Council is primarily responsible for establishing, reviewing
			 and revising programs and funding priorities reflected in a multi-year plan (3
			 to 5 years) adopted by the full Council articulating the mission, goals,
			 objectives and strategies for the agency. Additional and related
			 responsibilities include: 1) legislative relations and advocacy; 2) community
			 relations involving needs assessment, collaborative ventures and conflict
			 resolution; 3) every two years analyze needs and nominations leading to
			 recommendations for appointments by the Governor to the Council; 4) review the
			 annual program/grants budget and make recommendations to the full Council
			 regarding funding levels and priorities for the fiscal year; 5) consider
			 funding issues relative to grant guidelines and/or grant policies and make
			 recommendations for changes that are consistent with the multi-year plan and
			 program initiatives of the Council; 6) periodically review council by-laws and
			 recommend amendments as needed; 7) assuming additional tasks as assigned by the
			 Chairman of the Council and/or identified by the Long Range Planning chair
			 which reflects a specific need, interest and/or new initiative of the full
			 Council.
Section 5. Meetings of the Committees. Meetings of all committees
			 shall be called by the Chairman of each committee, and shall meet in connection
			 with each regular Council meeting and at other times when requested to do so by
			 the Council or the Executive Committee. Unless expressly specified in these
			 Bylaws, committee powers are limited to their making recommendations to the
			 Council for consideration and action. Tenure on all committees is the two-year
			 period, in which members are appointed.
Section 6. Quorum of Committees. A majority of the committee
			 members shall constitute a quorum.
ARTICLE V - OFFICERS TERMS OF
			 OFFICE
Section 1. Number. The Officers of the Council shall be the
			 Chairman the Vice-Chairman and Secretary.
Section 2. Election and Term. The Officers of the Council shall
			 be elected by the Council members at the appropriate annual meeting of the
			 Council for one two-year term. Each officer shall hold office during the two
			 years of the term and until his successor is elected and qualified. Any
			 vacancies occurring in offices shall be filled by the Council at the first
			 available meeting. The Council shall appoint such temporary or acting officers
			 as may be necessary during the temporary absence or disability of a regular
			 officer. A term begins immediately following the vote of the Council at the
			 meeting where elections do take place.
Section 3. Removal. The Council may remove, either with or
			 without cause, any officer.
Section 4. The Chairman. The Chairman shall preside at all
			 meetings of the Council. He shall have such other powers and perform such other
			 duties as the Council shall designate or be required by the state or as may be
			 provided in these Bylaws or applicable state law. The Chairman shall be a
			 voting member of the Executive Committee and ex-officio member of all other
			 committees.
Section 5. The Vice-Chairman. The Vice-Chairman may perform such
			 acts, not inconsistent with these Bylaws or applicable law. In the Chairman's
			 absence or inability to act, the Vice-Chairman may exercise the powers of the
			 Chairman, except as otherwise determined by the Council. Any action taken by
			 the Vice-Chairman in the performance of the duties of Chairman shall be
			 conclusive evidence of the absence or inability to act of the Chairman at the
			 time such action was taken. The vice-Chairman shall have such other powers and
			 perform such other duties as may be assigned to him by the Chairman and by the
			 Council. The Vice-Chairman shall serve as the Council representative on the
			 Arts License Tag Committee and be voting member of that body as specified by
			 Legislation.
ARTICLE VI - GENERAL
Section 1. Compensation. No compensation shall be paid to members
			 for their service as members. Members may be reimbursed for expenses incurred
			 by them in the performance of their duties as specified by state policy and
			 procedure. A member may be paid for a professional service in a capacity other
			 than as a member, subject to approval by the State and the Council. It is
			 understood that the Council shall indemnify each member in any action, suit or
			 proceeding to which he may be made a party by reason of his being, or having
			 been, a member of the Council and to pay any judgment or settlement that may
			 result there from, whether ordered by Court of entered into by
			 settlement.
Section 2. Amendments. Except as otherwise required by law, these
			 By-Laws may be amended at a regular meeting or a called meeting for that
			 purpose, provided written notice of the proposed amendment shall be given at
			 least fourteen (14) days prior to such meeting. Such amendment shall require an
			 affirmative vote of two-thirds of the Council.
Author:
Albert B. Head
Statutory Authority:
Code of Ala. 1975,
				§§
									41-9-40 through
				41-9-47.