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Black Indians United Legal Defense and Education Fund

Posted by Minister Ali on October 22, 2012 at 6:50 AM

Black Indians United Legal Defense and Education Fund By Laws Article I Name and Principal Office Section 1. Name The name by which this Foundation shall be known: Black Indians United Legal Defense and Education Fund Section 2. Principal Office The principal office of the Foundation shall be located in the Oklahoma Article II Purpose Black Indians United Legal Defense and Education Fund a separate nonprofit organization, is the legislative advocacy ally for Freedmen Descendants of the 5 Civilized Tribes, Inc. Black Indians United Legal Defense and Education Fund purpose is to engage in any lawful act or activity for which corporations may be organized under the general corporation law of Oklahoma. Like the Freedmen Descendants of the 5 Civilized Tribes, Inc. of Kansas, the Black Indians United Legal Defense and Education Fund is focused on educating members, and the general public regarding the history, culture and political rights of those particular to the Dawes Freedmen Enrollment. To promote, assist in collecting, and preserving Oklahoma Freedmen History and Artifacts, to promote the unique cultural diversity of Freedmen Descendants for the general benefit and good of individuals, collective Tribes, representative communities, in the States and Nations. Freedmen Descendants of the 5 Civilized Tribes, Inc. is an educational organization (under IRS code 501(c)(3)) whose primary purpose is to provide education, information and assistance, to individuals, families and communities in gaining knowledge of themselves through lectures, genealogy work shops, family contacts and conferences for the purpose of tying to ancestors particular to the 5 Civilized Tribes Black Indians United Legal Defense and Education Fund is incorporated as an advocacy organization (under IRS code 501(c)(4)) with the mission of educating public officials about Freedmen Descendants Rights under the treaties of 1866 between the Five Civilized Tribes (Chickasaw, Choctaw, Creek, Seminole and Cherokee) , Freedmen and their Descendants and the United States. Black Indians United Legal Defense and Education Fund’s goal is to advance laws and regulations that recognize the Freedmen Descendants in all its Sovereignty as a nation outlined in the treaties of 1866. To achieve this goal the Fund will support legislation, litigation or other advocacy efforts that would: 1. Remove barriers of recognition 2. Encourage increased collection of documented Freedmen Descendants. 3. Provide reimbursement of those funds outlined in the Treaties of 1866 for Freedmen and their descendants ( 300,000 at 5%/per annum since 1866 4. Recognize and eliminate the present discrimination in practice against Freedmen Descendants. 5. Seek equal, just and fair treatment of Freedmen Descendants as the Sovereign Nation it is, by removing and returning all prior taxes paid by these citizens that have not been levied against the other Sovereign Nations (Creek, Cherokee, Chickasaw, Choctaw and Seminole Nations) 6. Undertake any other legislative policies, procedures, or laws necessary to effect positive change for Freedmen Descendants, to further the stated goals of the Foundation as set forth in these Bylaws. The Fund will also engage in other initiatives aimed at improving the quality of life, reinvigorate and promote cultural awareness and events relating to African/Native heritage Black Indians United Legal Defense and Education fund has members in Oklahoma, California and Kansas. Members and/or staff will monitor policies and legislative proposals at the federal and state levels. Staff/Members represent the Fund's mission in Congress and in the courts. As Black Indians United Legal Defense and Education Fund’s membership increases around the country, the Fund will develop a grassroots network of persons capable of advocating in state legislatures as well as communicating with their members of Congress. Our goal is to build an active constituency that is knowledgeable about Freedmen Descendants of the Five Civilized Tribes issues and committed to improving public policies in this area so that we can, when appropriate and necessary, mobilize our constituency to bring important messages to Congress, the Administration, state lawmakers, governors and other policy-makers. Funding The Foundation is to be financed by, Public Domain Donations including but not limited to unincorporated associations, Foundations, Grants and fund raising events, membership fees, membership donations and non-member donations ARTICLE III MEMBERSHIP SECTION 1 Membership will consist of (1) charter members, (2) individuals of the Public Domain, (3) unincorporated associations (4) Foundations. Charter Members are defined as founding members of the Fund and shall be identified as those persons signing the Bylaws and/or Article of Incorporating here in after called the First Executive Board and those names that are attached to the approved by-laws and are designated at the onset as chartered members. Charter Members are deemed lifetime irrevocable members and as such, in addition to voting privileges are hereby granted enhanced privileges and entitlements including but not limited to the waiving of all future dues and assessment. SECTION 2. Membership requirement Annual dues paid within 60 days of due date (due January first of each year.) ARTICLE IV EXECUTIVE BOARD The Executive Board shall supervise the affairs of the Black Indians United Legal Defense and Education Fund. The Executive Board shall establish channels of communication among chapter member. Personnel Members: The Executive Board shall consist of the Chief Executive Officer/Chairman, Vice Chairman-, Secretary, and Treasure. The terms of the: the first (founding) Executive Board, Chief Executive Officer/Chairman, Vice Chairman-, Secretary, and Treasure are held with out limits or limitations. The Chief Executive Officer/Chairman will appoint his or her successor. In the event of death of the Chief Executive Officer/Chairman and no successor has been named the Vice Chairman will assume the duties of the Chairman. The Chief Executive Officer/Chairman position is irrevocable and can not/ shall not/ will not be overturned or revised by any means. The Chief Executive Officer/Chairman will give a notarized statement to the Executive Board naming his successor. Chairpersons of Standing Committees (see Article VI are voting members of the Executive Board. Eligibility: Any member of a branch Assembly who has completed one (1) year of membership is eligible to become a member of the Executive Board Election and Term of Office: The Executive Board shall nominate and elected by the general Assembly membership during the Spring Quarter at the Annual Meeting or by mail-in ballot. Office begins immediately after the election results are announced at the Annual Meeting or at the first meeting after an election if the election is by mail-in ballot. No member shall hold the same office for more than two years, except the First Executive Board whose term is without limits or limitations. ARTICLE V Duties: The CEO/Chairman presides at all Executive Board meetings except committee meeting. He/she shall vote only in the case of a tie. The CEO/Chairman shall be a non-voting ex-officio member of all Standing Committees. The CEO, or a designee, shall co-sign with the Treasurer all orders for disbursement of funds as directed by the Executive Board. The CEO/Chairman, in consultation with the Executive Board, shall appoint (or recommend the appointment of individuals to serve on committees or councils when a representative from the Member Assembly is being requested. The CEO/Chairman shall serve as the representative senior Delegate to the Assemblies and deal with Black Indians United Legal Defense and Education FUND matters he may from time to time appoint another person to act as his representative in such matters as he deems necessary. The Vice Chairman shall perform the duties and exercise the powers of the CEO/Chairman in his/her absence. The Vice Chairman - shall serve as the representative junior Delegate to the Council of Black Indians United Legal Defense and Education FUND Assemblies.. The Vice Chairman - shall conduct election of officers in concert with three other people appointed by the Executive Board. The Vice Chairman shall be a non-voting ex-officio member of all standing committees. The Vice Chairman shall coordinate programs and activities of the Member Assembly, including events co-sponsored with other groups Vice Chairman shall determine and initiate methods for recruiting and sustaining member’s participation in the Member Assembly. He/she shall maintain appropriate records of qualified persons so as to provide a "pool" from which ad hoc and special appointments may be made and secure confirmation from potential appointees of their willingness to serve on behalf of the Member Assembly. The Vice Chairman shall advise the CEO/Chairman whenever a representative is needed from the Member Assembly to serve on a committee. Vice Chairman shall publicize the programs and activities of Member Assembly and other pertinent member related information via available channels such as printed newsletters and/or electronic mail. The Vice Chairman shall also be responsible for the maintenance of the Black Indians United Legal Defense and Education FUND Web site. The Vice Chairman shall be a voting member of the Executive Board. Secretary: The Secretary shall record, transcribe and distribute minutes of all Executive Board meetings, as well as any special and general proceedings. He/she shall serve as the historian, documenting events and maintaining archives of Member Assembly files and minutes including but not limited to a membership list of current and/or active members. The Secretary shall work with the Executive Board on all correspondence on behalf of the Member Assembly and shall produce a written year-end report of Member Assembly activities. The Secretary shall perform other secretarial duties as may be assigned by the Executive Board. The Secretary shall be a voting member of the Executive Board. Treasurer: The Treasurer shall maintain all necessary accounting records pertaining to receipt and disbursement of funds and report the status of the accounts at each regular meeting of the Advisory Board. The Treasurer will make recommendations concerning the budget to the Executive Board. The Treasurer shall be a voting member of the Executive Board. The Treasurer shall co-sign with the CEO/Chairman or his/her designee, all orders for disbursement of funds as directed by the Executive Board. The Immediate past CEO/Chairman shall serve in an ex-officio capacity to advise the current Executive Board on all matters concerning the Member Assembly, administration and activities. The purpose is to provide his/her expertise, experience and continuity to the current Executive Board members. The past CEO/Chairman shall not be a voting member of the Executive Board. The Executive Board will supervise the affairs of the Member Assembly between its general meetings. The Executive Board will establish channels of communication among community and Assembly members. The Executive Board will submit to the appropriate authority any petitions or resolutions, in writing, which are approved by the Member Assembly in General, Special or Advisory Board meetings. The Executive Board will provide interpretations of specific provisions of the Bylaws. The Executive Board will establish and/or revise the Election Code. The Executive Board will appoint the Rules and Jurisdiction Committee as needed (see Article VI). The Executive Board will appoint an ad hoc auditing committee as needed. The Executive Board will meet as often as necessary to accomplish these duties. ARTICLE VI STANDING COMMITTEES Standing Committees: Standing Committees shall be established by the Member Assembly or Executive Board as needed. Typically Standing Committees may be delegated the task of discussing and making recommendations for a wide-range of issues related to the purpose, or rules and jurisdiction. Standing Committees may be established for at least one year or longer until issues are resolved. Ad Hoc Committees: Ad Hoc Committees may be established by the Member Assembly Executive Board as needed for shorter duration to complete tasks that would best be achieved by a smaller subgroup of members. Typically Ad Hoc Committees may be delegated the task of overseeing an event or program sponsored by the Member Assembly. Ad Hoc Committee chairperson and members are voluntary but may be appointed by the Executive Board. Standing Committee Chairperson: Eligibility: Any Assembly member who has completed one (1) year of membership is eligible to be a Standing Committee Chairperson. In addition the Chairperson may not hold another Executive Board office while being the Chairperson of a Standing Committee. Election and Term of Office: Standing Committee Chairpersons shall be elected by the Assembly membership during the Spring Quarter at the Annual Meeting or by mail-in ballot. In the absence of a candidate for office, the Executive Board shall appoint one. The term of office for all Standing Committee Chairpersons shall be one (1) year, beginning at the annual meeting. Duties: Each Standing Committee Chairperson shall be a voting member of the Executive Board. The Chairperson of each Standing Committee shall be responsible for actively recruiting members of their Committee. Standing Committee Membership: Eligibility: Any Assembly member is eligible to be a Standing Committee member. Each Standing Committee shall consist of not less than three (3) members, one of whom shall be the Chairperson. Duties: Each Standing Committee shall submit for approval any recommendations for action to the Executive Board prior to implementation. ARTICLE VII VACANCIES CEO/Chairman: In the event a vacancy occurs in the office of CEO/Chairman, the Vice Chairman shall assume the duties of CEO/Chairman for the remainder of the term. Other Officers and Standing Committee Chairpersons: Vacancies shall be filled for the remainder of the term by a two-thirds (2/3) majority vote of a quorum present at an Executive Board meeting. Temporary appointments to these positions can be made by the CEO/Chairman followed by ratification of this action at the next Executive Board meeting. ARTICLE VIII MEETINGS As a general policy, Assembly meetings should be held as each branch designates. All meetings of the Member Assembly shall be open, but only Executive Board members may vote at Executive Board meetings and only Assembly members may vote at meetings of members at large and at the Annual Meeting. Time and place of such meetings shall be set by the Executive Board. Annual Meeting: The Annual Meeting of the membership of the Assembly shall be held in the month Spring Quarter following election of officers each year, at which time new officers shall be elected and installed and the Assembly Member Annual Report shall be read. General Meeting: General Meetings of the membership of the Assembly shall be held as often as required for each chapter. Special Meeting: Special meetings of the entire membership may be called by a two-thirds (2/3) majority of the Executive or memberships. At any time members at large, exclusive of Executive Board members, may call a meeting by petition of not less than fifty (50) signatures of the membership. Attendance: If any Executive Board member is absent for more than two consecutive meetings, the member shall be required to present his/her reasons for such absences. If the Executive Board members deem the reasons given for such absences unacceptable, the Board shall then, by majority vote, declare the position vacant and to fill in accordance with Article VII of these Bylaws. Newly elected officers shall sit in on Executive Board meetings beginning immediately after their election at the Annual Meeting. ARTICLE IX QUORUM & VOTING Annual, General and Special Meetings of the Member Assembly: A simple majority (50% plus one) of those present at the meeting(s) shall constitute a quorum of that meeting. Executive Board and Standing Committees: A simple majority (50% plus one) of the members of the Executive Board shall constitute a quorum of the Executive Board or a Standing committee. Voting by Proxy: There shall be no voting by proxy. ARTICLE X ANNUAL REPORTS The Executive Board and each Standing Committee shall present at the annual meeting a written report of the activities undertaken by the Member Assembly or Standing Committees during the preceding year. The Committees shall report even if not activities have been undertaken. A copy of the Standing Committee reports shall be maintained in the Member Assembly office and made available to each incoming Committee. ARTICLE XI RECALL REFERENDUMS A recall election of an Executive Board member or members may be requested by petition of fifty (50) members and shall be held within thirty (30) days of presentation of the petition to the Board. The CEO/Chairman shall conduct the election unless he/she is the person subject to recall in which case the Executive Board shall appoint someone else to conduct the election. ARTICLE XII AMENDMENTS These Bylaws may be amended or repealed or new Bylaws may be adopted either by a two-thirds (2/3) vote of the Assembly members present at any Annual, General or Special meeting or by a two-thirds (2/3) vote of returned ballots in a mail ballot that has been sent to all Assembly members excluding any and all irrevocable clause(s) The details of the proposed amendments or actions must be published to the membership at large not less than thirty (30) days prior to the meeting at which the vote will be taken or thirty (30) days prior to the mailing of the ballot. Any member may submit a proposed amendment to the Executive Board. All proposed amendments shall be reviewed by the Rules and Jurisdiction Committee and submitted to the Executive Board with recommendations. The Executive Board will review the amendment and shall submit it to a vote of all Chapter Assemblies. It shall be the responsibility of the Communications Committee to inform members of the proposed changes. ARTICLE XIII PARLIAMENTARY AUTHORITY Robert's Rules of Order, Newly Revised, shall govern the Member Assembly in all cases to which they are applicable, insofar as they are not inconsistent with these Bylaws ARTICLE XIV DUES Members shall pay dues, which are recommended by the by the Executive Board, payable by January 1 for the calendar year. Those in arrears shall be so notified by the treasurer. Those in arrears for 60 days, membership shall termination. Article XV PRACTICES No part of the net earnings of the Foundation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the Foundation shall be authorized and empowered to pay reasonable compensation for services rendered and to making payments and distributions in furtherance of the purposes set forth in Article III hereof. Notwithstanding any other provision of these articles, the Foundation shall not carry on any other activities not permitted to be carried on (a) by a Foundation exempt from Federal income tax under Section 501(c)(4) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a Foundation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law). ARTICLE XVI Dissolution In the event of the dissolution of the Foundation, all of the Foundation’s assets, real and personal, shall be distributed to such charitable organization or organizations as are qualified as tax-exempt under Section 501(c)(3) or Section 501 (c)(4) of the Code or corresponding provisions of any subsequent Federal income tax laws, as the Board of trustees of the Foundation shall determine. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the County in which the principal office of the Foundation is then located exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. Article XVII Limitation of Liability, Indemnification and Governance Section 1-Limitation of Liability Except as otherwise provided by law a volunteer director of the Foundation is not personally liable to the Foundation or its members for monetary damages for a breach of the officer's fiduciary duty. The Foundation assumes all liability to any person other than the Foundation or its members for all acts or omissions of a volunteer director incurred in good faith performance of their duty as an officer occurring on or after the date of in Foundation. Section 2-Indemnification To the fullest extent permitted by law and this Act, the " Foundation " shall indemnify and hold harmless, hereby release and discharge each Director, Officer, Committee Member and Employee of the Foundation heretofore called "Agent" against any and all liabilities, costs and expenses (including Legal Counsel fees and expenses), witness fees, damages, judgments, fines and amounts paid in settlement and any amounts that become legally obligated to pay on behalf of and reasonably incurred by the "Agent", with any claims made against or by him/her by reason of the fact that Agent" is, was or at any time becomes a Director, Officer, Employee or other "Agent", of the Association, and in connection with any threatened, alleged, pending or completed action, controversies, claims, demands, suits or proceeding claiming loss whatsoever, in law or equity against the Foundation , Officers, Directors, Committees or Employees ever had, now have, or which its successors and assigns, Officers, Directors, Committees and Employee "Agents", come, shall or may have, for, upon or by reason of, any matter, cause or things whatsoever, relating to the Foundation , whether Civil, Criminal, Arbitrational, Administrative or Investigative Action or Proceeding (including an action by or in the right of the Foundation ). The Above Act shall specifically cover any action, cause and causes of action, inaction, or omission taken by each "Agent" of the Foundation during the course of carrying out their role in conformity with the concepts set out in Article (II) of these Bylaws, causing injury, damage or loss. Decisions actions or omissions by Directors, Officers, Committee Members, Employees of the Foundation which are made honestly, in good faith and executed in the care, diligence and skill that a reasonably prudent person would exercise in the best interest of the Foundation, any liability or loss resulting from such decisions or actions are attached to the Foundation as a whole. Section 3-Governance The limitation, liability of Foundation "Agents" shall be governed by and construed in accordance with Black Indians United Legal Defense and Education Fund, Foundation's Bylaws and in conjunction with the laws of the State of Oklahoma. The agreement may not be amended save for the expansion and enhancement of Limitation and Liability coverage for and on behalf of "Agents" of the Foundation and shall be evidenced by written instrument signed by the Board of Directors. The Association may offer Indemnity Insurance to/for its Officers, Directors, Committees and Employees, and such liability shall provide a minimum limit of coverage not less than $100,000.00 per individual claim and $500,000.00 per total claim(s) that arise from the same occurrence. Approved this 27 day of June in the year 2003 Amended this 1st day of January 2004 Edgar Allen Molette________________________________CEO/Chairman Barbara A. Finley___________________________________Vice Chairman Unestine Cannon___________________________________Secratary Edward T, Wyatt____________________________________Treasurer In addition to the above signers the following are designated as Charter Members Lenise Jamerison, Kansas City, Missouri Robert Finley, Paso Robles, California Karissa Lenise Molette, Enid Oklahoma Eric D. Wyatt, Kansas City, Kansas Jalen M Wyatt, Kansas City Kansas Christopher Molette, Paso Robles, California JaVonte A. Molette, Enid Oklahoma Pearl Leatherman Mitchell, Enid Oklahoma Leona Mitchell Bush, Huston Texas Angela Molette, Enid Oklahoma Eleanor L. Wyatt, Kansas City, Kansas Brandon T. Cannon, Fresno California Gregory Warren Cannon, California Jalani Cannon, California Ayanna Cannon, California Elisha T George Cannon, California Vincent Jamerison, Kansas City, Missouri

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