Constitution & Bylaws

 

CONSTITUTION

Article I. Name
The organization shall be named the Louisiana Association for Health, Physical Education, Recreation and Dance. Here after referred to as the Association.

Article II. Aims
A. To provide for sound and meaningful programs based upon inherent capacities of the individual for optimum development

B. To contribute to the individual’s understanding of one’s role in a democratic society and in the world at large

C. To provide the leadership essential to the continued development and improvement of quality programs in HPERD

D. To awaken and stimulate an intelligent and comprehensive interest in HPERD

E. To provide leadership, experimentation, and dissemination of accurate relevant information to the profession and the public regarding HPERD

F. To promote sound community relationships leading to necessary support for HPERD

G. To coordinate and encourage activities of local organizations in the state and to cooperate and/or affiliate with state, district, regional, national, and international organizations

H. To raise the professional standards of the Association through the upgrading of teacher preparation, other HPERD related professions and other professional opportunities

I. To support and promote efforts that advocate legislation in HPERD

J. To develop leadership skills in professional and future professional members

Article III. Organization
Section 1. The governing body of the Association shall be the Board of Directors.

Section 2. The Association shall consist of the Board of Directors and Divisions as approved by the membership.

Section 3. Section status within a Division requires the approval of the Board of Directors as provided in the Bylaws.

Section 4. The Association is incorporated under the Laws of Louisiana.

Article IV. Membership
Section 1. Membership categories of the Association shall be designated as professional, honorary life, student, and retired.

Section 2. Requisite for membership in the Association is provided in the Bylaws.

Article V. Government
Section 1. The business of the Association shall be conducted by the Board of Directors, Executive Committee, other officers, and committees as provided in the Bylaws.

Section 2. The Association shall have two types of officers, elected and appointed, as provided in the Bylaws.

Section 3. Robert’s Rules of Order, Newly Revised, shall serve as the authority on questions of procedures not covered in the Constitution or Bylaws.

Article VI. Meetings
Section 1. The Association shall hold an annual convention as provided in the Bylaws.

Section 2. A business meeting shall be conducted at the annual convention.

Section 3. The order of business shall be prepared by the President and approved by the Board of Directors and presented to the general membership prior to the annual convention as provided in the Bylaws.

Article VII. Awards
Awards may be given for meritorious service as provided by the Bylaws.

Article VIII. Publications
The Association shall publish and distribute publications as provided in the Bylaws.

Article IX. Amendments
Section 1. All proposed amendments shall be submitted in writing to the Constitution and Bylaws Committee.

Section 2. The Constitution and Bylaws Committee will submit all proposed amendments to the Board of Directors no later than sixty (60) days prior to the annual convention.

Section 3. The Board of Directors shall review all proposed amendments and present its opinion of the amendments during the business meeting at the annual convention.

Section 4. The Board of Directors may present proposed amendments as a printed ballot to the membership for a mail vote in cases of emergency. No mail vote shall be valid beyond sixty (60) days after official posting by the Board of Directors.

Section 5. The general membership must be informed of all pending amendments at least thirty (30) days prior to the voting date.

Section 6. In order for a proposed amendment to be voted on, it must be submitted in writing to all membership at the business meeting.

Section 7. In order to be adopted, proposed constitutional amendments must receive an affirmative vote of two thirds (2/3) of the participating voting members.

Section 8. Constitution & Bylaws amendments and introduction of the slate of officers will be presented, discussed, and amended at the annual business meeting and voted on by secret ballot at a voting poll after the business meeting.

Article X. Disposal of Assets
Upon dissolution, all the assets of the Association shall be turned over to such non-profit organizations qualifying as exempt from federal tax Section 501 (C) (3) of the Internal Revenue Code of 1954 or any successor provision thereto as the Board of Directors shall select.

Article XI. Restrictions
No activities shall be conducted which are prohibited under Section 501 (C) (3) of the Internal Revenue Code of 1954 or any future United States Internal Revenue Law.

BYLAWS

Article I. Board of Directors
Section 1. The Board of Directors shall consist of the President, President-Elect, Immediate Past President, Vice Presidents, Vice Presidents-Elect, Executive Director, Future Professional Section Chair, Future Professional Section Chair-Elect, Secretary, Parliamentarian, Community Affairs Liaison, Executive Director of the Governor’s Council on Physical Fitness and Sports, and a representative of the State Department of Education.

Section 2. Members of the Board of Directors with voting privileges are the President, President-Elect, Immediate Past President, 5 Vice Presidents, 5 Vice Presidents-Elect, Future Professional Section Chair, and Future Professional Section Chair-Elect. There are fifteen (15) voting members of the Board of Directors.

Section 3. The Board of Directors must approve all appointments made by the President.

Section 4. The Board of Directors shall conduct the business of the Association and take any necessary official action between annual meetings of the Association.

Section 5. The Board of Directors shall report the results of all deliberations to the membership in the Association’s publications and at the annual convention of the Association.

Section 6. A quorum of the Board of Directors must be present at a meeting in order to conduct Association business. A quorum shall be defined as 9 of the 15 voting members of the Board being present and voting.

Section 7. If the President’s position becomes vacant, the President-Elect will fill the remaining term. If the Association is without a President and President-Elect, the Board of Directors shall assume the responsibilities of these officers until an election can be held. Leadership of the Board of Directors will be determined by the group. If the President-Elect’s position becomes vacant, the Board of Directors will submit candidates and conduct an election by the membership by mail ballot.

Section 8. The Board of Directors may add or discontinue a Division or a Section at a regular Board meeting by a two-thirds (2/3) vote of the members present, provided such action is recommended or initiated by a member of the Board and provided the Division Vice President or the Section Chair received written notice of such intended action two (2) weeks prior to the Board meeting at which action is contemplated.

Article ll. Membership
Section 1. Professional members shall consist of persons actively engaged in the various areas of Association concern.

(1) Professional-Education members are defined as those working in educational units such as K-12 grade-schools and colleges and universities, and includes members in full- time roles such as teachers, teacher-coaches, teacher aides, school nurses, supervisors/ administrators, and teachers of other subject areas, i.e., Math, English, Social Studies, Science, etc.

(2) Professional-Community members are defined as those working in areas such as fitness/exercise, health organizations, wellness programs, private instructors of dance/gymnastics/tumbling/cheerleading, city/parish/private recreation, personal trainers, athletic trainers, therapeutic exercise, YMCA, part-time athletic coaches in schools, etc.

Section 2. Student members shall include students attending institutions that prepare individuals as future professionals for in various areas of Association concern. Only student members shall vote and be elected to hold office in the Future Professional Section. There are two categories of student members:

(1) Student – individual enrolled as full-time student in a program related to the various areas of the Association.

(2) Student-Practicum – students involved in curriculum-based practicum experiences, such as student teaching or internships.

Section 3. Honorary Life Members shall consist of those individuals who have received the LAHPERD Honor Award and hold continuous professional membership until retirement. They are professional members, shall have voting privileges, and may hold elected or appointed office in the Association.

Section 4. Retired members shall consist of those individuals who retire from an active professional role. They are professional members and have voting privileges and may hold elected or appointed office in the Association.

Section 5. The Executive Director shall process memberships.

Section 6. The annual membership dues shall be set by the Board of Directors with the approval of the membership at the annual convention of the Association.

Section 7. Annual membership dues shall cover the fiscal year, starting June 1 and ending May 31.

Section 8. Only professional members are eligible to vote in Association business meetings or to hold elective or appointed offices in the Association.

Section 9. One student member designated by each college or university shall have the right to vote in Association Business Meetings.

Section 10. All members shall pay the annual membership dues as established by the Board of Directors and approved by the membership. Professional-Education and Student-Practicum members are provided professional liability insurance at an additional cost with their membership fee.

Article III. Divisions of the Association
Section 1. The Association consists of five (5) Divisions: (1) Health, (2) Physical Education, (3) Sport and Leisure, (4) Dance, and (5) General.

Section 2. A Division Committee shall function to promote the goals of the Association with specific regard to the interest area of the Division. Specifically, a Division Committee shall plan convention programs, committee projects, publications/materials, Division nominations, Division awards, and make recommendations regarding same to the Board of Directors.

Section 3. Division Committees shall consist of the Vice President, Vice President-Elect, Past Division Vice-President, Section Chair, and Section Chair-Elect of those Sections assigned to the Divisions of the Association. The Division Vice President shall serve as Chair of the Division Committee.

Section 4. Individuals or groups applying to form a new Division shall submit a petition containing signatures of fifty (50) professional members of the Association and a proposed Division Operating Code to the Board of Directors.

Section 5. The Board of Directors shall approve, conditionally approve, or disapprove all applications for Division status.

Article IV. Sections of the Divisions
Section 1. Individual or groups applying to form a new Section shall submit a petition containing signatures of twenty-five (25) professional members of the Division that will govern the new Section and a proposed Section Operating Code to the Board of Directors.

Section 2. The Board of Directors shall approve, conditionally approve, or disapprove all application for section status.

Section 3. In the event the Chair is unable to serve, the Chair-Elect shall serve the unexpired term and the succeeding term of office. In the event that a vacancy occurs in the office of the Chair-Elect, the President shall appoint someone to serve until the next official election.

Section 4. The Board of Directors may discontinue any Section at a regular Board meeting by a two thirds (2/3) vote of its members, provided the recommendation is initiated by a member of the Board and provided the Section Chair receives written notice of such intended action two (2) weeks prior to the Board meeting that will address the recommendation.

Article V. Officers
Section 1. The officers of this Association shall consist of the President, Past President, President-Elect, Vice President, and Vice President-Elect representing each Division, Secretary, Parliamentarian, Chair and Chair-Elect of each section, Executive Director, and the Community Affairs Liaison.

Section 2. Elected officers shall be the President, Past President, and President-Elect of the Association, the Vice President and Vice President-Elect of each Division of the Association, and the Chair and Chair-Elect of all Sections.

Section 3. Appointed officers shall be the Secretary, Parliamentarian, Executive Director, and the Community Affairs Liaison.

Section 4. Appointment of the Secretary and Parliamentarian by the incoming president shall occur at the post convention Board of Directors’ meeting. The appointments shall be approved by the Board of Directors. In the event of disapproval of the Board, other appointment(s) shall be approved by mail ballot or at the next meeting of the Board.

Section 5. The Executive Director of the Association shall be appointed by the Board of Directors for a term of three (3) years. The appointment shall be reviewed by the Board of Directors during the third year or at any time deemed necessary by the Board. The Executive Director must have held membership in the AAHPERD and a State Association for a minimum of five (5) consecutive years.

Section 6. A candidate for President-Elect must be a professional member in good standing for two (2) consecutive years. The out-of-state time waiver does not apply to this office.

Section 7. Officers of the Future Professional Section must be Student members for one (1) year prior to holding office.

Section 8. Members who hold consecutive professional memberships in other states that are continuous with joining the Association will be permitted to use this time to satisfy requirements for an Association office. This waiver does not apply to the office of President-Elect.

Section 9. Candidates for Vice President and Vice President-Elect must be members in good standing for the one (1) year prior to seeking office.

Section 10. Candidates for Section Chair and Chair-Elect must be a member in good standing.

Section 11. The Community Affairs Liaison shall serve as the Association’s official representative to the various councils, committees, and associations whose missions relate to those of LAHPERD. The Liaison is a presidential appointment for a 3-year term.

Section 12. All officers of the Association, appointed or elected, may be reviewed at any time deemed necessary by the Board of Directors for the purpose of retention of said individual.

Article VI. Committee Duties
Section 1. There shall be an Executive Committee, Division Committees, Standing Committees, and Ad Hoc Committees.

Section 2. The Executive Committee shall consist of the President, President-Elect, Past President, Secretary(NV), Parliamentarian(NV), and Executive Director(NV). The Executive Committee may exercise the powers of the Board of Directors when the Board of Directors is not convened, reporting any action taken to the Board of Directors at its succeeding meeting. All three voting members shall constitute a quorum for the transaction of business. Meetings of the Executive Committee may be called by the President. Other members may be invited to attend meetings of the Executive Committee.

Section 3. The Division Committee shall be chaired by the Vice President of the Division and shall consist of the VP, Vice President-Elect of the Division, and the Chair and Chair-Elect of each Section within the Division.

Section 4. Standing Committees shall consist of Advocacy, Archives, Auditing, Constitution and Bylaws, Convention, Nomination & Election, Honor Awards, Hoops for Heart, Jump Rope for Heart, Media, Membership and Development, Mini Grant, Model School Program, Necrology, Special Awards, and Strategic Planning.

Section 5. Membership on Standing Committees shall be appointed by the President for a period of three years.

Section 6. The Parliamentarian shall chair the Constitution and Bylaws Committee.

Section 7. The Past VP of each Division shall serve on the Nomination & Election Committee. The immediate Past President will serve as the chair of the Committee.

Section 8. Purposes of all Standing Committees are indicated in each of their respective operating codes.

Section 9. Ad Hoc Committees may be appointed and terminated at any time by the President. These committees shall serve until the specific duties for which the committee was appointed have been satisfied. Terms of appointment of committee chair and of members may vary according to need.

Section 10. Consecutive terms shall be permitted.

Section 11. The Editor(s) of the Journal and the Newsletter shall be appointed by the President and approved by the Board of Directors for a period of three (3) years.

Article VII. Duties of Officers
Section 1. The President shall preside at all meetings of the Association and chair the Board of Directors and the Executive Committee. All committees shall be appointed by the President with the exception of Standing Committees as otherwise stated. Replacements shall be appointed by the President for all unexpired terms of Association officers with the exception of the President-Elect. The President shall be Program Chair of the annual convention which concludes the Presidential term.

Section 2. The President-Elect shall assume the duties of the President in the absence, disqualification or at the request of the President. The President-Elect shall succeed the President at the conclusion of the annual convention. The President-Elect is a voting member of the Board of Directors and a member of the Executive Committee.

Section 3. The Secretary shall record all official minutes of the Board of Directors, Executive Committee and the Annual Business Meeting. The Official minutes shall be submitted to the Executive Director in final form for distribution. The Secretary is a non-voting member of the Board of Directors and the Executive Committee.

Section 4. The Executive Director shall keep all financial records of the Association. Monies shall be expended by the Executive Director for the Association as per budget approval by the Board of Directors. An annual financial report shall be submitted by the Executive Director to the Auditing Committee at the end of the fiscal year. In addition, the official tax return to the IRS will be filed with the Auditing Committee and the Board of Directors upon completion. A formal audit shall take place every three (3) years or upon a change of the Executive Director. The Executive Director shall submit a detailed account of incomes and expenditures to the President no later than thirty (30) days after the convention. The Executive Director is an ex-officio member of all Association Committees and a non-voting member of the Board of Directors and of the Executive Committee.

Section 5. The Parliamentarian shall be responsible for interpreting the order of proceedings at all Association business meetings in accordance with Robert’s Rules of Order, Newly Revised. The Parliamentarian shall serve as Chair of the Constitution and Bylaws Committee and is a non-voting member of the Board of Directors and the Executive Committee.

Section 6. The Past President shall serve as a consultant to the President. The Past President shall be the Chair of the Election Committee, a voting member of the Board of Directors, and a member of the Executive Committee.

Section 7. The Executive Director/Community Affairs Liaison shall serve as the official representative between the Association and the public and private elementary and secondary schools, the State Department of Education, the various boards that govern state education and colleges and universities, and other bodies whose goals are related to those of the Association.

Section 8. The Vice President of each Division shall conduct the duties of the Division as stipulated in Its Operating Code. The Vice President represents the Division as a voting member of the Board of Directors.

Section 9. The Vice President-Elect of each Division shall conduct the duties of the Division as stipulated in its Operating Code. The Vice President-Elect shall serve as a voting member of the Board of Directors and shall represent the Division in the absence of the Vice President.

Section 10. The person elected to the position of Division Vice President Elect must serve the position of Division Vice President before being eligible to seek another elected or appointed Association office.

Section 11. The person elected to the position of Section Chair-Elect must serve as the Section Chair before being eligible to seek another elected or appointed Association office.

Article VIII. Election of Officers
Section 1. The President-Elect and the Division Vice President-Elects are elected by vote of the professional members of the Association as herein provided at the Annual Convention of the Association. Each candidate shall have been duly nominated by the Election Committee or by a professional member from the floor at the annual convention.

Section 2. To select candidates for the office of President-Elect and Division Vice-President-Elects, there shall be an Nomination and Election Committee chaired by the immediate Past President and consisting of two other members appointed by the President.5 In-so-far-as possible, all members should be considered for nomination and the nominees should represent a cross-section of the interest areas of the Association.

Section 3. The Nomination and Election Committee shall meet prior to the annual convention to give due consideration to all persons recommended for nomination. The Committee shall receive input from Division Committees and from individual members of the Association.

Section 4. The Nomination and Election Committee shall abide by all restrictions as stipulated in Article II Section 9 and Article V Section 6, 7, 8, 9, 10, of the Bylaws and Section 2 of this article in nominating candidates for office. The Committee shall have, from each candidate, a written statement of readiness to serve in said office.

Section 5. The Nomination and Election Committee shall submit a slate of those running for the office of President-Elect of the Association and Vice President-Elect of each Division at the first general meeting of the convention, after which the presiding officer shall ask for nominations from the floor. A candidate nominated from the floor must meet all qualifications previously stated. A written statement of agreement to serve if elected shall be submitted to the Secretary at the time of nomination.

Section 6. President-Elect of the Association, Vice President-Elect of each Division and Chair-Elect of each Section of the Association shall be elected by a vote of the eligible voting members as listed in Article II, Sections 1,2,3,4 and 5 of the Bylaws.

Section 7. No person shall be eligible for successive re-election to the same office unless the person shall have served less than six (6) months from the date of election. No person shall hold more than one elective office concurrently, nor shall any person be a final slate candidate for more than one office during an election.

Section 8. Voting at elections shall be by secret ballot at the annual convention.

Section 9. In order to be elected, a candidate must receive more than fifty percent of the total number of eligible votes cast. After each balloting in which no candidate is elected the low candidate shall be eliminated and the balloting continued until a candidate is elected.

Section 10. Nominees for Chair-Elect of the Sections shall be made to the Nomination and Election Committee by each Division Committee. The election of the Chair-Elect will be conducted by secret ballot at a section business meeting during the convention. In the event that a chair-elect is not confirmed, the President shall appoint the Section Chair-Elect from recommendations made by the Division Committee. In each Section only the professional members may vote, with the exception of the Future Professional Section, where only future professional members may vote.

Article IX. Meetings
Section 1. The Association shall hold an annual convention at a time determined by the Board of Directors.

Section 2. Each annual convention site will be determined by the Board of Directors.

Section 3. Each annual convention shall meet only at a site where it will be possible for the entire membership to meet, dine, socialize, and be housed.

Section 4. The Annual Convention shall be the primary responsibility of the Convention Committee which shall be chaired by the President and shall include the Board of Directors and such other appointments as the President deems desirable.

Section 5. The order of business for the annual business meeting shall be prepared by the President and approved by the Board of Directors.

Section 6. The Board of Directors shall meet as often as necessary between annual conventions.

Section 7. Robert’s Rules of Order, Newly Revised, shall serve as the authority for meeting procedure unless otherwise covered by the Constitution and Bylaws.

Article X. Honors and Awards
Section 1. The Honor Award may be presented to outstanding Association members who have displayed exceptional accomplishments in the field. This presentation will be made at the annual convention.

Section 2. Any member of LAHPERD who resides within the state may nominate a candidate for the Honor Award by completing an application form and submitting it to the Committee.

Section 3. The Honor Award Committee Chair shall notify the President in writing concerning the Committee’s selection(s) for the Honor Award and present information relative to the biographical sketch.

Section 4. The Honor Award and the Future Professional Award recipients may receive the award once.

Section 5. Honorary Life membership shall be awarded to recipients of the Honor Award upon their retirement.

Section 6. Any Senior Major may be nominated by a faculty member of a school, college, or university for the LAHPERD Future Professional Award. The candidate’s name and the official Outstanding Future Professional Form must be submitted to the Honor Award Committee. The nominee must be a senior major when the award is presented.

Section 7. The Association recognizes individuals for meritorious service by conferring Division Awards and Special Awards as approved by the Board of Directors as submitted by the Divisions and the Special Awards Committees.

Article XI. Publications
Section 1. The Association’s official publications shall be called the Louisiana Association for Health, Physical Education, Recreation, and Dance Journal and the name of the LAHPERD Newsletter shall be Au Courant.

Section 2. The Journal and the Newsletter Editors shall be appointed by the President with the approval of the Board of Directors. The Editors shall appoint assistants as needed pending approval of the Board of Directors.

Section 3. The Executive Director shall serve as an assistant to the Editors.

Section 4. Issues of the official publications shall be sent to each member of the Association.

Section 5. Constitution and Bylaws revisions, including all amendments, shall be published in an official publication of the Association.

Article XII. Amendments
Section 1. The Constitution and Bylaws Committee shall review the document annually. Proposed amendments shall be submitted in writing for the Committee review.

Section 2. The Constitution and Bylaws Committee will submit all proposed amendments, written in constitutional form, to the Board of Directors no later than sixty (60) days prior to the annual convention.

Section 3. The Board of Directors may present proposed amendments as a printed ballot to the membership for a mail vote in cases of emergency. No mail vote shall be valid beyond thirty (30) days after official posting by the Board of Directors.

Section 4. The general membership must be informed of all pending amendments at least (30) days prior to the voting date.

Section 5. In order for a proposed amendment to be voted on, it must be submitted in writing to all present at the business meeting.

Section 6. In order to be adopted, proposed Bylaws, or amendments must receive an affirmative simple majority vote of the participating professional members.

AMENDMENTS TO THE CONSTITUTION

In June 2012, the membership approved several changes in the Constitution and Bylaws related to the categories of membership. (Constitution – Article IV, Section 1 and Bylaws, Article II, Sections 1 & 2). A major revision of the Constitution and Bylaws was approved by the LAHPERD membership at the 2010 Convention on November 3, 2010. The revisions included deletions, additions and editorial changes in both of the documents. These approved changes have been incorporated into the document in By-Laws Article III (Section 1). The major change was to re-name the Recreation Division to the Sport and Leisure Division.

1 Article IX – Amendments (As amended, June 27, 1996)

2 Article IX – Amendments-Section 8 (As amended, November 4, 2005)

Article IV and Article II Sections 1 & 2 – Amended Section 1 (June 2012)

DELETIONS IN THE CONSTITUTION

3 Article IX – Amendments-Section 6 (As amended, November 4, 2005)

AMENDMENTS TO THE BY-LAWS

4 Article II – Membership (As amended, June 27, 1996)

5 Article V – Officers (Added by amendment, June 28, 1996)

6 Article V – Officers (Added by amendment, June 28, 1996)

7 Article VIII – Election of Officers-section 10 (Added by amendment, November 14, 2003)

8 Article VIII – Election of Officers-section 11 (Added by amendment, November 14, 2003)

9 Article II – Officers-Sections 1, 5, 11, 12 (Added by amendment, November 4, 2005)

10Article VI – Committee Duties-sections 2 & 11 (Added by amendment, November 4, 2005)

11Article VII – Duties of Officers-sections 4 & 5 (Added by amendment, November 4, 2005)

12Article X – Honors and Awards-sections 2, 4, 7 (Added by amendment, November 4, 2005)

13Article XII – Amendments-section 1(Added by amendment, November 4, 2005)

Article II – Section 8 (Changed the membership year to fiscal year, starting June 1 and ending May 31. November 7, 2008)

Article VI – Amended Section 4 Standing Committees (Added Convention, Media, Membership and Development, Mini Grant, Model School Program. November 7, 2008)

Article 1 – Amended Section 1 and Section 2; Article II – amended Section 2; article III – amended Section 1; Article V – amended Section 7; Article X – amended Section 4 and Section 7, November 6, 2009

Article III – Section 1 (November 3, 2010)

DELETIONS IN THE BY-LAWS

14Article VIII – Election of Officers (As amended, June 28, 1996)

15Article II – Membership-Section 7 (As amended, November 4, 2005)

16Article V – Officers-Sections 1, 4, 5 (As amended, November 4, 2005)

17Article VII – Duties of Officers-sections 4 & 5 (As amended, November 4, 2005)

18Article X – Honors and Awards-sections 2 & 4 (Added by amendment, November 4, 2005)

19Article XII – Amendments-sections 1& 5 (Added by amendment, November 4, 2005)