Constitution & Bylaws

 

CONSTITUTION OF THE

NORTH DAKOTA ASSOCIATION OF COUNTIES

 

Adopted in 1975, amended and approved by the North Dakota Association of Counties State Council on November 14, 1986; November 13, 1987; October 21, 1988; November 16, 1990; October 6, 1993; October 18, 1995; October 13, 1998; October 10, 2000; October 9, 2001; October 1, 2002; October 5, 2004; October 9, 2007; and October 27, 2015.

 

ARTICLE I - NAME

The name of the Association shall be the North Dakota Association of Counties, and shall be incorporated under the statutes of the State of North Dakota.

ARTICLE II - MISSION STATEMENT

The North Dakota Association of Counties provides leadership and services to ensure fair, effective, efficient government for the good of all counties.

ARTICLE III - OBJECTIVES

The objectives of this Association shall be to promote, for the general good of all counties, sound administration of county government in North Dakota by:

A. Providing a medium for the exchange of ideas, information, and experience of all county officials.

B. Promoting training of county officials in new developments in their fields of endeavor.

C. Facilitating cooperation with all levels of government and other interest groups.

D. Proposing and supporting legislation for county government.

E. Engaging in such other activities as will help achieve more effective county government in North Dakota.

F. Participating in any other activities permitted by law in the furtherance of the objectives of the Association.

ARTICLE IV - MEMBERSHIP

     Each county is entitled to membership and shall be assessed membership dues allocated by a formula based on appropriate fiscal, activity, and benefit information, as determined by the Board of Directors. In addition, counties shall be responsible for paying the expenses of county delegates attending the annual State Council meetings.

ARTICLE V - STATE COUNCIL

  1. COUNTY REPRESENTATIVES:  By September of each odd numbered year, the Chairman of the Board of County Commissioners in each county shall call a meeting of all county officials granted membership by the State Council as stated in Article V, Section F of this Constitution at which time they shall elect, with each person casting one vote, the county’s representative and an alternate to the State Council.
  2. COUNCIL POWERS:  The State Council shall adopt and may amend bylaws, review the annual budget adopted by the Board of Directors and may develop and vote on policy regarding matters of concern to the North Dakota Association of Counties.
  3. MAKEUP OF STATE COUNCIL:  The State Council shall consist of the following voting members:

1.  The representative from each member county.

2.  One commissioner member from each of the eight regions, as elected at the annual Commissioners’ Convention. Even-numbered regions shall elect members on even-numbered years and odd-numbered regions shall elect members on odd-numbered years.

3.  Two county official members each as named by the:

a. ND County Auditors Association,

b. ND Clerk of Courts Association,  

c. ND County Recorders Association,

d. ND Sheriffs and Deputies Association,

e. ND State’s Attorneys Association,

f. ND County Treasurers Association,

g. ND County Superintendents Association,

h. ND Association of Assessing Officers,

i. ND Association of County Engineers, and

j. ND County Social Service Director Association.

4.  Members of the Board of Directors not otherwise serving on the State Council under Article V, Section C1-C3, above.

 

D. COUNCIL MEETINGS:  The State Council shall meet annually at a time, date, and location designated by the Board of Directors.

E.  OFFICERS OF THE STATE COUNCIL:  The State Council shall elect from among its members or from among the Board of Directors, a President, First Vice President, Second Vice President, and Third Vice President (Executive Committee).  No single association of county officials as described in Article V, Section C2 and C3, above, shall hold more than two of such offices.

F.  BOARD OF DIRECTORS:  The Board of Directors shall consist of the following voting members:

1.All officers of the State Council,

2.Eight county commissioners selected on a regional basis at the annual convention of the North Dakota County Commissioners,

3.One county official member from each of the organizations listed under Article V, Section C3,  

4.The President of the North Dakota County Commissioners Association,

5.Any of North Dakota’s representatives on the National Association of Counties Board of Directors, and

6.The Immediate Past President of NDACo.

           A regional or association representative shall serve on the Board of the Directors in addition to a Past President from their region or association. Between meetings of the State Council and when required by the circumstances, the Board of Directors may modify policy of the State Council by a two-thirds affirmative vote of the Board of Directors.

G.  BOARD MEETINGS:  The Board of Directors shall meet periodically on call of the Chairman or Executive Director to conduct the affairs of the Association between annual meetings of the State Council. The Board of Directors may establish committees to which the Board may assign the work of the Board.

 

ARTICLE VI - AMENDMENTS

     The Constitution may be amended or repealed by a two-thirds vote of the State Council members present and voting at an annual meeting, or by two-thirds vote of State Council members voting thereon through a mail ballot prepared and administered by the Board of Directors.  Bylaws may be adopted or amended by majority vote of the State Council. All amendments shall be made available to Council members 30 days prior to the annual meeting. 

ARTICLE VII - DISSOLUTION

The Association may be dissolved upon a two-thirds vote of the qualified members of the State Council, in session or by mail ballot.  If dissolution be decreed, the unencumbered balance of the treasury shall be pro-rated back to member counties according to the formula established for payment of dues.

 

 

BYLAWS OF THE
NORTH DAKOTA ASSOCIATION OF COUNTIES

 

 

Amended and approved by the North Dakota Association of Counties (“NDACo”) State Council on November 14, 1986; November 13, 1987; October 21, 1988; November 16, 1990; October 13, 1998; October 10, 2000; and October 9, 2007.

 

SECTION 1 - NONPROFIT CORPORATION

This Association is incorporated as a nonprofit corporation under the laws of the State of North Dakota.  The Articles of Incorporation and Constitution of NDACo form the basis for its mission, structure and policy.

SECTION 2 - MEMBERS IN GOOD STANDING

MEMBERS IN GOOD STANDING shall be a designation granted to counties that have paid their annual membership dues within thirty days of the beginning of the current fiscal year.  All county representatives and association representatives from counties which are MEMBERS IN GOOD STANDING are eligible to vote at the annual meeting of the State Council, and receive such services and/or benefits normally extended to member counties. Only persons from counties with a MEMBER IN GOOD STANDING classification shall be eligible to hold any office, serve on committees and vote at State Council meetings.

SECTION 3 - BOARD OF DIRECTORS

The Board of Directors may create such other legal entities as may serve the mission of the North Dakota Association of Counties.

A.If a vacancy on the Board of Directors should occur, the President shall make an appointment to fill such vacancy after consulting with the member association or commissioner region involved and the appointment must be ratified at the next regular meeting of the Board of Directors. 

B. If a vacancy of an officer of the State Council should occur, the President shall make an appointment to fill such vacancy after consultation with the Governance Committee. The appointment shall be filled with a member of the Board of Directors and must be ratified at the next regular meeting of the Board of Directors or annual meeting of the State Council.

C.If a vacancy in the office of President should occur before the next meeting of the State Council, depending on the year, the First Vice President or the Second Vice President shall succeed to the office of President. The president of the Association of Counties shall be a County Commissioner during legislative years as long as the North Dakota Legislature meets on a biennium basis.

SECTION 4 - SPECIAL INTEREST DIFFERENCES BETWEEN MEMBER ASSOCIATIONS

Any differences between member associations that make up NDACo shall be brought to the attention of the Board of Directors, which shall bring such matters before a meeting of the State Council for resolution through a policy statement.

SECTION 5 - INDIVIDUAL POLICY POSITION

NDACo will not recognize individual member policy positions unless such positions have been endorsed by one of the member associations.  If such policy positions would be in conflict with other member associations, then a policy statement determination will be made by the State Council as provided in Section 4 of these Bylaws.

SECTION 6 - ASSOCIATION REPRESENTATIVES TO COUNCIL AND BOARD OF DIRECTORS

Each association listed in Subsection 3 of Section C, Article V of the NDACo Constitution shall, at their respective annual meetings, elect three of its county official members to represent them at the annual State Council meeting.  One of the representatives shall be designated by each association to serve on the Board of Directors. The members of the Board of Directors shall receive travel expenses to attend regular and special meetings duly called for that purpose, at the reimbursement rates established by the Board of Directors.  In addition, members of duly established committees of NDACo shall receive a per diem prescribed and adopted by the Board of Directors.

SECTION 7 - IMMEDIATE PAST PRESIDENT TO BE A MEMBER OF THE BOARD OF DIRECTORS

The Immediate Past President of NDACo shall be a member of the Board of Directors for a period of one year, in addition to the regular representatives of the Board of Directors.  Upon completion of the term of Immediate Past President, that member shall not be eligible to serve on the Board of Directors for a period of two (2) years.

SECTION 8 - ASSOCIATION MEMBERSHIPS

The Board of Directors may reduce or enlarge the number of members serving on the Board and may establish voting and non-voting status of its members.

SECTION 9 - NATIONAL ASSOCIATION OF COUNTIES

If the North Dakota Association of Counties is eligible to seat more than one member of the National Association of Counties Board of Directors, the President shall appoint such member with the ratification of the Board of Directors.