MONTANA ASSOCIATION OF LEGAL ASSISTANTS

The name of this association shall be Montana Association of Legal Assistants (MALA). This association shall be affiliated with the National Association of Legal Assistants, Inc.

This association shall be nonsectarian, nonpartisan, nonprofit and nonunion. No actions or programs may be initiated or undertaken (now or in the future) in conflict with the bylaws of the National Association of Legal Assistants, Inc., or of the policies of that Association.

Membership in this association shall be based on requirements approved by association members. There shall be only one membership category which shall include legal assistants who are working under the direct supervision of an attorney, students and graduates of legal assistant programs, attorneys or paralegal educators, and persons acting, or who have acted in the past, in a legal assistant capacity.

Each member must complete ten (10) credit hours of continuing legal education from the period of September 1 to August 31. First year members and existing members as of September 1, 1997 are given a one (1) year grace period to meet this requirement. Each member must present proof of the ten (10) credit hours of continuing legal education attained during the last fiscal year to the Membership Committee.

Each member must also complete at least three (3) hours of continuing legal education for legal ethics within a three (3) year period of their membership (or five (5) years from September 1, 1997, if they were members on that date) and every three (3) years thereafter. Each member must present proof of completing said program within each three (3) year period to the Membership Committee.

If any member fails by October 1st to provide proof of the ten (10) credit hours of continuing legal education or of completion of legal ethics porgram, they are not in compliance with MALA’s bylaws and will have four (4) months to come in compliance. If proof of compliance is not provided during the four (4) months, the individual will be notified that they no longer qualify for MALA membership. Any former member that was dropped for reason of failing to comply with the continuing education requirements, must provide proof of compliance of ten (10) credit hours of continuing legal education before they can reapply for membership. Any former member that was dropped for reason of failing to complete a legal ethics program must complete one before they can reapply for membership.

All members may vote and hold office in this association.

Application for membership shall be submitted to the affiliated association on forms approved by the association's membership. The forms should clearly state that the association is an affiliated association of the National Association of Legal Assistants and that all members are bound by the NALA Code of Ethics and Professional Responsibility in addition to any code adopted by the association. Approval of membership shall be noted on the forms in accordance with standing rules adopted by this association.

This association shall meet at not less than quarterly intervals which may include attendance at association sponsored seminars or workshops. Notice of quarterly business meetings shall be in writing to all members of record at least ten (10) days prior to the meeting. One-fourth (1/4) of the membership of this association shall constitute a quorum. In the event of a vote of dissolutionment, a quorum shall consist of two-thirds (2/3) of the voting members of the association.

Special meetings may be called by the President upon five (5) days notice to all members of record.

It is required that this association hold a minimum of four (4) educational events or a total of ten (10) hours of education during each fiscal year in order to maintain affiliation with the National Association of Legal Assistants, Inc. These programs may be held in connection with a regular meeting of the membership.

It is required that this association hold a minimum of two (2) educational events that include at least three (3) hours of legal ethics every three (3) year period. These programs may be held in connection with the educational events in the previous paragraph or in connection with a regular meeting of the membership.

Annual programs shall be held prior to September for the purpose of electing officers, hearing reports of officers and chairmen, electing a NALA Liaison and adopting a budget for the ensuing fiscal year. Notice of annual meeting shall be in writing to all members of record at least fifteen (15) days prior to the meeting. Notice will also contain the slate of officers.

At any meeting of the membership of the Association, any active member shall have the right to vote either in person or by individual proxy. A member may appoint another member and one alternative as proxy by an appropriate written designation and proxy. Any such individual proxy shall be valid only for that single meeting for which it shall have been given and not otherwise. No person shall solicit any proxies and proxies obtained by such solicitation may not be used at any membership meeting nor shall the same be accepted by the Parliamentarian (or in the absence of the Parliamentarian, by a member of the Board). Any individual proxy shall be deemed filed by a member with the Parliamentarian (or in the absence of the Parliamentarian, by a member of the Board) prior to the start of the meeting.

The dues of this association shall be Twenty-five and No/100 Dollars ($25.00) per year, due September 1 of each year and delinquent October 1. Dues shall not be prorated.

The elected officers shall be the President, Vice President, Secretary, Treasurer, and NALA Liaison.

The appointed officer shall be the Parliamentarian.

The Executive Committee shall be composed of elected and appointed officers. The Executive Committee shall act as a planning committee bringing recommendations to the membership for a vote. This committee shall meet at least quarterly and at other times as called by the President.

Terms of office shall be one (1) year. Successive terms shall be limited to one (1) year.

No officer or member shall be compensated for association duties. However, upon majority vote of the membership, persons may be reimbursed for out-of-pocket expenses in connection with association related activities, provided the expenses have been authorized to expend.

The President shall appoint a nominations and elections Chairman at least thirty (30) days prior to the annual meeting of the association to present a slate of officers to the membership fifteen (15) days prior to election. No name shall be on the slate without consent of candidate. Nominations from the floor will not be accepted at election. Election shall be by majority vote of members present voting in person or by proxy.

Names of appointed officers must be presented by the President by the first meeting of the new fiscal year.

Names of newly elected or appointed officers shall be submitted to NALA headquarters and the Affiliated Associations Director as least thirty (30) days after election and/or appointment.

In the event the association has more than one (1) class of membership, only full voting members may hold office.

Unexpired terms of office shall be filled by appointment of the Executive Committee.

Any officer (elected or appointed) absent from three (3) consecutive meetings without good cause, may be removed from the office by the Executive Committee.

Education Programs (President)

Membership (Vice President)

Finance (Treasurer)

Nominations & Election

Audit Committee

Public Relations

Special committee chairmen may be appointed by the President, as needed, with the approval of the membership.

President: The President shall preside over all Executive Committee meetings and membership meetings. The President shall appoint a Parliamentarian, special and standing committee chairmen as provided in these bylaws. The President shall pass files to successor immediately upon installation and shall cause all other officer's and chairmen's files to be passed to respective successors. The President shall be ex- officio (non-voting) member of all committees except the committee on nominations and elections. This officer shall automatically be chairman of the committee on education. These duties shall include planning seminars, workshops and working with NALA in the event of co-sponsorship of any programs. The President shall be responsible for fulfilling the educational requirements under Article VI of these bylaws and shall report such educational meetings to the NALA liaison.

Vice President: The Vice President shall preside and shall assume all duties assigned to the President in the President's absence. The Vice President shall automatically be chairman of the membership committee and shall be charged with the responsibility of developing programs to encourage membership in the association. This officer shall receive applications for membership and present names of applicants to association members for acceptance or rejection. Upon approval of membership, application cards shall be signed by this officer and delivered to the Treasurer with dues payment. The Vice President shall work with the NALA Second Vice President to encourage membership in NALA.

Secretary: The Secretary shall be responsible for minutes of all meetings and keeping permanent minutes. The office shall assist the President in any way including giving notice of meetings. Association minutes of any meeting shall be available to the NALA President upon request.

Treasurer: The Treasurer shall deposit all funds and make all disbursements, in a timely manner, subject to approval of the Executive Committee and as provided in the budget. Any extraordinary expenses must be approved by the membership before obligation to pay. The Treasurer shall be chairman of the finance committee which committee shall prepare a budget for the ensuing fiscal year which shall be adopted by the membership at the annual meeting. (Budget shall be submitted to the Executive Committee prior to presentation at annual meeting.) The Treasurer may be bonded (premium paid by association). All disbursements of association funds must be by association check, signed by the Treasurer and/or the President. However, the Treasurer or President are not to sign any association check that is made payable to him/her as payee. This officer shall submit a written financial report at each regular meeting to be attached to official minutes as part of permanent record. The Treasurer (or other affiliate officer) is also responsible for keeping a current roster of membership and reporting the membership annually to NALA with the renewal fee for continued affiliation with NALA.

NALA Liaison: This officer shall have completed at least one (1) full term as a MALA President, Vice President, Secretary, or Treasurer within the past five (5) years. This officer shall be a NALA member, shall be familiar with the NALA Bylaws and Standing Rules, shall receive minutes of all NALA meetings, and shall represent the association at the NALA annual meeting of affiliated associations. This officer shall report quarterly on association activities to the NALA affiliated association's director on forms provided by NALA headquarters, and shall report all officers' names to NALA headquarters and the NALA affiliated association's director.

This officer may submit items the association wishes discussed to the NALA affiliated association's director and shall participate in discussion sessions at NALA annual meetings. A report to association members on the NALA annual meeting will be required.

This officer shall, within sixty (60) days of passage, notify the NALA affiliated association's director of any changes in the association's bylaws. This officer shall be the main contact between NALA and the association. This officer shall be a member of the governing body of this association.

Parliamentarian: The Parliamentarian shall attend meetings and give opinions on parliamentary procedures upon request of the President. This office shall be familiar with association bylaws, NALA bylaws, shall receive all proposed bylaw amendments, prepare standing rules and amendments to standing rules and bylaws upon request of the Executive Committee. Robert's Rules of Order Newly Revised shall serve as parliamentary authority for items not covered by these bylaws or the association standing rules.

Audit Committee: The Audit Committee will be composed of a past treasurer and two (2) members selected by the chairman whose purpose is to audit the Treasurer's books at the close of the fiscal year prior to the transfer of accounts to the newly elected Treasurer. In the event the incumbent Treasurer is elected to a second term, the audit will be performed following the annual meeting and prior to the first regular meeting of the membership.

The fiscal year of this association shall be from September 1 to August 31.

Every member of this association shall subscribe to and be bound by the Code of Ethics and Professional Responsibility of the National Association of Legal Assistants, Inc., and any other code so adopted by the membership of this association. Violations of the NALA Code may be grounds for immediate dismissal from membership and/or removal from office.

Any member sanctioned with dismissal from membership and/or removal from office may appeal orally to a special ethics committee consisting of five (5) members nominated by the association members. A majority vote of this special ethics committee will be binding.

Bylaw amendments (not in conflict with NALA bylaws) may be adopted by two- thirds (2/3) of members present at any regular meeting. The NALA affiliated association’s director must be advised of any amendments within sixty (60) days of passage.

In the event of dissolution of this association, all property and assets shall be distributed to a nonprofit charitable organization as defined by the Internal Revenue Code, to be selected by a majority vote of the remaining members of the association, notice having been given to members of the association and the NALA affiliated association's director at least fifteen (15) days prior to the meeting. In no event shall any of such property and assets be distributed to any member or private individual.

Affiliation with the National Association of Legal Assistants, Inc. is renewable each year by payment of an affiliation fee and attached to a current membership roster. In the event of suspension of affiliation, this association may reaffiliate with NALA by submitting a new application with membership roster, bylaws, sample of educational programs, petition and current initial fee.

In addition to the renewal fee, this association must comply with the required reports and requested procedures as outlined in these bylaws.

The annual renewal fee is payable on October 1 and delinquent November 1. Payment received after due date must be accompanied by a late fee established by NALA.