501 (c) (3) Let's Look At This

This topic contains 83 replies, has 671 voices, and was last updated by  lynellarainhawk 15 years ago.

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  • #1204

    lynellarainhawk
    Participant

    Hey!

    I am sorry it has taken me so much time to get this started. You were right Linda, this is quite the task. If we look at all the pro’s and cons, think about what we really want to do here and what we really need to do, well I think anything is possable once we set our minds to it. I’ve been looking at site after site, printing info from each one as I go, because I don’t want to forget, loose or leave anything out.

    I’m trying to put some links in here. Well, I guess I didn’t do that right. So, I’ll just type one in for right now.

    http://nonprofitsupportcenter.com/hekpdesk/users/kb.php?category_id=2

    I did this a while back and it worked just fine. I’ll be glad to take instruction with this!

    Anyway, the web site above gives a pretty good idea of what this project entails. With the details given on the web, don’t let it scare you away.

    First things first we need to do a feasability study. What do we want from this? Do we have what is required?

    One requirement is to be a corporation first. A corporation has to have a President, one or more (depending on the state, I believe) Vice Presidents, a Treasurer and a Secretary. We need to find out the appropriate requirements for the Home State of the corporation, in order to create a corporation. This means fees, etc. But if People want this bad enough I don’t have any problem coughing up a $20.00 donation for creating a corporation.

    Once there is a corporation then we can go for the nonprofit status. That has more State specific requirements as well as fees.

    We can doo this ourselves or hire an attorney or one of these web sites who make it there business to set people up with both corporate status and non profit status. The cheap end on the web ran outfits is $750.00. I’m not sure that a private attourney would be cheaper, unless he’s “in the Family!”

    Now, Status. Just what are we looking for and why? I see the benefit of obtaining grants for linguists, researchers, etc. That would all be very helpful here, ten-fold. There’s one thing my Glenn pointed out to me right away. He has been a business man since he was 16, never had to work for anyone else. He’s always made money. (Not a lot mind you!) His very first statement was, “If this is a nonprofit organization, you can’t sell your wares for profit.” That was my first red light, because that’s how I’ve servived for the last 10 years. Selling my wares. Well, that and Glenn is way too nice to me! I will close for now and let you all give this thought, respond, etc. because we’re just scratching the surface. But like I said, if this IS what we really want, we can do it. It will take a little time, a lot of effort and some $$$$$. I think this could be a very good and important step to take, as long as this STATUS is right for us. Love & Light, Lynella.:cool:

    #14675

    Patty
    Participant

    Linda,

    In talking about a database, have you thought about what format you might use, such as Microsoft Access or Excel (or other)?

    Patty

    #16362

    Linda
    Keymaster

    I think the name itself defines us. We are descendants of the Piedmont Siouan. Period. Wherever we happen to live, wherever our Ancestors migrated. In reality, the overwhelming majority of the members of the forum are Diaspora.

    But we are a consensus organization, not a majority rule organization. We look after the least of our numbers. So we look after our cousins who stayed put, even when they’re being butt stupid thinking they’re more important than those who migrated away. We look after those with the highest blood quantums, and we look after those with the least. As a matter of fact, the whole issue of BQ is absurd here.

    It’s a wonder there are people with a fair degree of ES BQ extant, and it’s a wonder when our Ancestors are able to make themselves heard even when they’re so outnumbered by non-ES Ancestors. It’s all a wonder, and we’re not going to let anything sully that.

    Our first order of business will be to make plain to the rest of the world what we have been able to see close at hand. We’re going to quantify our data.

    We can forget about the Houston by-laws section calling for federally recognized NDN’s. Not applicable here. None of the tribes you named are federally recognized anyway. This is a 501 3(c), a non-profit, not a tribe, we could all be pure Afghans by descent, so long as we’re American citizens we have a right to form a non profit.

    Thank you so much for getting this ball rolling again.

    #16374

    vance hawkins
    Participant

    Linda, that’s what I wanted to hear.

    Should the name be “Eastern Siouan” or “Piedmont Siouan”. I think “Piedmont Siouan” is more descriptive”.

    I agree, “Blood Quantum” has no place in a “Descendants Association”.

    Aren’t the Catawba federally recognized? I would like to see an effort on our part to be on friendly terms with any state or federally recognized Tribes of Piedmont Siouan descent. I’d like the right to research their historic documents, and maybe something we discover would be of benefit to them as well. I suggested 7 board of directors ebcause the Houston group did. Should that be changed to another figure? 10? 20??

    It says we must be either a a i.] corporation ii.] unincorporated association, or iii.] trust.

    If we choose an “unincorporated association” (which seems to be the quickest), we must attach a copy of our “Articles of Association”, or “constitution” that is dated and includes at least 2 signatures.

    Who can help with researching/writing an “Articles of Confederation” or a “Constitution”? Volunteers wanted desperately! . . . 🙂

    vance

    #16384

    vance hawkins
    Participant

    Here are the proposed bylaws. I just took the CCSH’s (Cherokee Cultural Society of Houston), replaced CCS with PSDA, and took out the requirement for tribal membership of some membrs of the board of directors. Also changed term of directors from 2 years to one, and made 13 directors instead of seven — so more people could participate.

    This post is too long so only half of the bylaws are in this post and the other half in the next.

    Linda, others — any changes are welcomed. Please check for any references I might have left to the Cherokee Cultural Society of Houston, or any needed editing.

    PLEASE someone volunteer to look up how to write an “Articles of Association” or a “Constitution”, and volunteer to write it in a timely fashion. It can be tweaked out later. All help is appreciated.

    Proposed By-Laws of The Piedmont Siouan Descendants Association

    Article I – Purpose of Organization

    The purpose of the Eastern Siouan Descendants Association is to build community, to preserve Piedmont Siouan heritage, to perpetuate the Eastern Siouan culture, and to build the future of our people.

    Article II – Membership

    2.01 The membership of the Piedmont Siouan Descendants Association (PSDA) shall be considered open to any individual who promotes the purpose of PSDA. The classes of membership shall be defined as:

    Individual: Those individuals eighteen (18) years of age or older. Each Individual Member is eligible to vote.

    Honorary: Those individuals selected by the Board of Directors based on their assistance, intent and interest in the purpose of the organization. An Honorary Member is not eligible to vote.

    Family: Those individuals (18) years of age or older within a family. A family is defined as a primary unit of a mother and father and children. Each adult (over 18) in the family is counted as an Individual Member and is eligible to vote.

    2.02 The Annual General Meeting of members shall be held at a given time and location that the Board of Directors shall determine. At the Annual General Meeting the eligible voting members of the Society shall elect a member for each expired position on the Board of Directors and such other business as may properly be brought before the meeting. The Secretary shall serve personally, by mail, or email to each eligible voting member a written notice of the Annual General Meeting not less than ten (10) days prior to such meeting. The notice shall give the date, time and location of the meeting and the slate of nominees for election to the Board of Directors. The monthly organizational newsletter may also serve as written notice.

    2.03 At the Annual General Meeting of the members, except as otherwise provided by law, each eligible member is entitled to one (1) vote and the decision shall be made based on the majority of votes cast.

    2.04 Regular General and Special Meetings of members shall be held at such time and place as shall be decided by the Board of Directors. Notice of these meetings shall be given in a timely manner and by any means the Board of Directors shall decide as appropriate. The notice shall give the date, time, and location of the meeting.

    Article III – The Board of Directors and Meetings

    3.01 The Board of Directors shall consist of thirteen (13) Directors chosen by the members.

    3.02 Regular Meetings of the Board shall be held monthly; the date, time, and location shall be by mutual agreement of a simple majority of the Directors at least thirty (30) days prior to the meeting. This can be an online meeting. The Secretary shall serve personally, by mail or email, to each Director a written notice of not less than five (5) days prior to such meeting. The notice shall give the date, time and location of the meeting. The Secretary is also authorized to give notice of Regular Meetings to all Board members by phone if possible.

    3.03 The President may call for a Special Meeting of the Board at his or her discretion, and must call a Special Meeting upon written request of a majority of the Board. The Secretary shall service personally, by mail, or email, to each Director a written notice of not less than twenty-four (24) hours prior to such a meeting. The notice shall give the date, time and location of the meeting and the purpose for the meeting. No business other than that specified in the notice for the Special Meeting shall be transacted at the meeting. The Secretary is also authorized to give notice of Special Meetings to all Board members by phone when possible. In case of urgent need for a Board decision, a designated officer can state a motion and accept votes from Directors by email and/or phone within twenty-four (24) hours of initial notice on a given issue.

    3.04 At any meeting of the Directors, except as otherwise provided by law, each eligible Director is entitled to one (1) vote in and the presence in person of those eligible to cast a majority of all the votes which could be cast at such meeting by those eligible to vote at such meeting, shall constitute a quorum. If however, such quorum shall not be present at any meeting of the Directors, those eligible to vote at such meeting shall have the power to adjourn the meeting, without notice other than announcement at the meeting, until a quorum shall be present.

    3.05 The Board shall establish any and all policies, of whatever nature, as are required to accomplish the purposes of PSDA.

    3.06 Compensation of Directors:

    No Directory shall receive compensation for time, mileage or their personal expenses in performance of regular duties as a member of the Board.

    A Director will be reimbursed for any expenses incurred when acting as the Society’s agent in purchasing supplies or for any other expenses incurred in assisting PSDA to achieve its purposes, after presenting receipts substantiating the expenses.

    A Director will be reimbursed for travel and personal expenses incurred when representing the PSDA at such conferences and meetings as may be approved by the Board, prior to attendance at such conference or meeting.

    3.07 The Board may appoint persons to a special Advisory Board at such times, and for such terms of office as it deems in the best interest of PSDA.

    3.08 The Board may appoint an attorney-at-law to serve as Legal Counsel for PSDA. Such person may not be a member of the Board at the same time as he or she is serve in the capacity of Legal Counsel to PSDA.

    #16385

    vance hawkins
    Participant

    Proposed By-Laws of The Piedmont Siouan Descendants Association, cont’d

    Article IV – Elections for the Board of Directors

    4.01 The term of office for directors shall be one (1) years, and until his or her successor has taken office or until his or her death, resignation or removal in the manner hereinafter provided.

    4.02 The qualifications for nominees for election to the Board shall include, but not necessarily limited to:

    Membership in PSDA.

    4.03 An official Slate (Slate) of qualified nominees, sufficient in number to fill the regularly expiring terms, shall be prepared by the Nominating Committee and presented in writing to the Board at any Regular or Special Board Meeting held at least thirty (30) days prior to the Annual General Meeting. This Slate will be presented in writing to the voting members at the Annual General Meeting and will be the sole source of nominees.

    4.04 Any eligible voting member of PSDA may make a nomination from the Slate.

    4.05 The ballots will be case on numbered ballots which will be given to each eligible voting member who has signed the Voting Register.

    4.06 Each Director elected to a regularly expiring term shall be elected by a plurality of the votes cast which will be determined immediately following the casting of ballots.

    4.07 The term of office for each Director elected to fill a regularly expiring term shall begin at the end of the Annual General Meeting.

    4.08 No Director shall serve more than two (2) consecutive terms. A former Director may be elected to a new position on the Board, provided that one (1) year has lapsed since such time as she or he has been a Director.

    4.09 A Director may resign at any time, orally or in writing, by notifying the President or the Secretary. Any such resignation shall take effect at the time specified in the notification.

    4.10 When it determines that the best interests of PSDA will be served thereby, a Directory may be removed from the Board, with or without cause, when:

    A majority of the Board votes for said removal, or

    A petition for removal is presented to the Board which is signed by at least twenty (20) percent of the members of PSDA who are eligible to vote.

    4.11 A Director who misses three (3) consecutive regular meetings of the Board, without having given prior notice of such absence to the President or Secretary, shall be deemed to have resigned, unless the Board directs otherwise by majority vote.

    4.12 Any vacancy in the Board by resignation or removal shall be filled by election of a new Director by majority vote of the Board. Nominations to fill positions which become vacant during a term of office shall be made by the President or Vice President. Said election shall be for the full extent of the unexpired term of the Director being replaced.

    Article V – Officers

    5.01 The Board shall elect a President, Vice-President, Secretary, Treasurer, Program Director and such other offices as the Board deems appropriate.

    5.02 Nominations for each office shall be made by the Board members at the Annual Board Meeting immediately following the election of new Board Members.

    5.03 The officers shall be elected at an Annual Board Meeting immediately following the Annual General Meeting.

    5.04 New officers will assume their office at the end of the Annual Board Meeting at which they are elected.

    5.05 The term for each office shall be for one (1) year. Officers may succeed themselves.

    5.06 Any officer may resign at any time, orally or in writing, by notifying the Board, President or Secretary. Any such resignation shall take effect, without necessity of acceptance by the Board, at the time specified in such notification, when a majority of the Board votes for said removal. Removal from office shall also constitute removal from the Board.

    5.07 At such time as a vacancy in any office may occur, the Board shall elect, by majority vote, a new officer, for the un-expired portion of the term of the vacant office.

    5.08 Board members may be elected to only one (1) office at a time, except in the case of the positions of Secretary and Treasurer. At the Board’s discretion, the same person may be elected as both Secretary and Treasurer, provided however, that the duties of each of these officers are separate and individual.

    5.09 The duties of the President shall be as follows:

    To call, set the agenda, and preside at Board Meetings.

    Appoint Committee chairs, and serve as an ex-officio non-voting member of all committees.

    Have general management responsibilities for PSDA.

    To execute all legal instruments and agreements on behalf of PSDA, provided however that all such instruments and agreements must first be reviewed and approved by PSDA legal counsel, if such documents incur liability for PSDA, and that prior to execution, all such instruments and agreements must be approved by a majority of the Board.

    To represent PSDA to the general public and media, or delegate this responsibility to such other person or persons as he or she deems appropriate.

    To perform such other duties as are assigned by the Board from time to time.

    5.10 The duties of the Vice-President shall be as follows:

    In the absence of the President, perform all such duties as are otherwise the responsibility of the President.

    To develop and execute training and development, subject to approval of the Board, for the orientation of new Board members.

    To perform such other duties as are assigned by the Board from time to time.

    5.11 The duties of the Secretary shall be as follows:

    To serve as custodian of the records of PSDA.

    To provide notice of Called, Stated, and Annual meetings of the Board to officers and members to be coordinated with the newsletter publication.

    To take minutes of all Board meetings.

    To perform such other duties as are assigned by the Board from time to time.

    5.12 The duties of the Treasurer shall be as follows:

    In the absence of the President and Vice-President, perform all such duties as are otherwise the responsibility of the President.

    To act as chief financial officer of PSDA.

    To perform all duties incident to the office of treasurer of a corporation, including the receipt, custody and disbursement of all funds.

    To prepare and maintain all necessary and appropriate financial records and reports unless otherwise delegated by a simple majority of the Board.

    To prepare such budgets as the Board may from time to time request.

    To maintain the Voting Register.

    To perform such other duties as are assigned by the Board from time to time.

    5.13 The duties of the Program Director shall be as follows:

    To develop monthly programs and/or special projects.

    VI – Committees

    6.01 The Nominating Committee shall recruit, interview, and review the qualifications of potential candidates for election to regularly expiring positions of the Board.

    The Nominating Committee shall be composed of those Directors whose term of membership of the Board is not scheduled to expire at the end of the current calendar year and other members.

    The Nominating Committee shall present in writing, a slate of qualified nominees to fill the regularly expiring terms, to the Board at a Regular or Special Board Meeting held at least thirty (30) days prior to the Annual General Meeting. The slate shall be made up of a sufficient number of nominees qualified for election so that the majority of the Board, after election, shall consist of registered members of the Cherokee Nation. Such list shall be the official slate of nominees for election to the Board and may not be altered except by written withdrawal by a nominee.

    6.02 Other Committees

    The President shall establish all committees, and appoint, subject to approval by the Board, the Chairs and members of such committees, except where these Bylaws specifically provide otherwise.

    Directors, employees, volunteers and other interested parties are eligible to serve on committees, and serve as Chair.

    The duties and responsibilities of the committees shall be defined by the President, subject to approval by the Board.

    VII – Miscellaneous

    7.01 The fiscal year of PSDA shall begin on the first day of January of each calendar year, and end on the last day of December of each calendar year.

    7.02 Any gift, donation, bequest or subscription to PSDA shall be deemed to have been accepted only when approved by the Board.

    VIII – By-Law Amendments

    8.01 The right to amend the By-laws is reserved exclusively to the members and shall not be a right or prerogative of the Board.

    8.02 Proposed amendments to these By-laws shall be presented in writing to the Board at any Regular or Special Meeting held at least sixty (60) days prior to the Annual General Meeting.

    8.03 Proposed amendments may be voted upon only at the Annual General Meeting of members according to Article 1.03.

    8.04 A majority vote of those members eligible to vote shall be required to amend the by-laws.

    #16485

    lynellarainhawk
    Participant

    Thank You! Way cool, big relief. I missed that part, but that’s good, a lot less work already! See, this is going to be cake! And yes, Brenda and Emma, I agree.:)

    #16486

    Linda
    Keymaster

    This is coming along! I am so grateful you two are wrestling with this. I would never have the time or attention span at this point in time.

    Greywolf, thanks for the advice. It’s good to see you around. Hope things are going well.

    #16507

    todgar
    Participant

    I just want to say that I think that it’s great that the ESDA is beginning to take off and I feel very privileged to be a part of it.

    Todd (a.k.a. ‘Tohkai, the fox’)

    #16690

    lynellarainhawk
    Participant

    Linda,

    You know I’m willing, but in all honesty, my search has barely scratched the surface. Unless Bill has had time to come up with more on my loose ends such as Rachel C. Evans, Mary “Polly” Hodges, William Reed, Ezra Evans and Elizabeth Miller, I don’t know that I have aquired enough propper proof just yet and therefor do not know where that puts me. I’m in the process of re-enquiring for birth, death, land records etc. and really trying to put these loose ends together. But, the only actual birth & death records I have, and land patents are photo copies and not good ones, of all those folks surrounding the Blackfoot Cem. Some written historical notes of a Ferguson and things like that. So, I’m saying, I don’t know if I can really be counted in yet???????:) Does that make sense? I am still working on that 1023 form also. Next Week I leave on Tues. to go to Miami to see Carl & Jade & all. I’ll be gone for one week.

    P.S. Has Saj actually been able to get on to this part of the forum yet?

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