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ARTICLE I - Title
The name and title of this organization shall be the Massachusetts Court Reporters Association.
ARTICLE II - Purposes The purposes of this organization shall
be to provide an organization of shorthand reporters in the
Commonwealth of Massachusetts; to assume responsibility for leadership
and enlightenment of the users of verbatim shorthand reporting of
proceedings and of the public regarding the special competency,
importance and value of the shorthand reporting system; to promote
harmony and a spirit of mutual assistance between the profession of
shorthand reporting and the courts and members of the bar of this
Commonwealth; to program, foster and establish statutes and rules,
directly or indirectly affecting the profession as may be of help and
assistance to reporters, members of the bench and bar and as the same
may promulgate efficiency and justice in all courts; to conduct
educational seminars and conferences; to render assistance to all
reporters in the perpetual improvement of their reporting skill; to
further the exchange of professional knowledge and to disseminate, by
all appropriate means, accurate knowledge and information with respect
to the shorthand reporting profession and system; and to maintain a
proper standard of ethics, efficiency and compensation.
ARTICLE III - Membership
Section 1. Professional Membership
Only persons skilled in the art of verbatim reporting of proceedings by the use of shorthand symbols,
manually or by machine, shall be eligible to apply for professional membership in the Association as
hereinafter provided.
(a) Any person who is an official court or legislative reporter;
(b) Any person who is engaged in the active practice of law reporting or general reporting in the
Commonwealth of Massachusetts and whose application for membership is endorsed by a member of this
Association;
(c) Any person who is associated with or employed by a member of this Association as a shorthand
reporter whose application is endorsed by the associate or employing reporter;
(d)
Any person who successfully passes an examination given by the
Committee on Certification of this Association or otherwise qualifies
for certification as a Certified Shorthand Reporter as provided
elsewhere in these Bylaws.
Section 2. Associate Membership
A
hearing stenographer who is or may become subject to the provisions of
the Civil Service Laws and is employed by any governmental agency or
board, a teacher of shorthand or shorthand reporting or anyone
connected in an official capacity with a school or college conducting a
shorthand reporting course, transcribers, notereaders, scopists, legal
video specialists, any person interested in the preservation, support
and advancement of the field of verbatim shorthand reporting but not in
any way engaged in the verbatim reporting of proceedings and who is not
otherwise eligible for membership, or any person now a member or an
associate member of the National Court Reporters Association, upon
proof of such membership shall be eligible for associate membership in
this Association.
Section 3. Student Membership
Any
student who is enrolled in a business school or college conducting a
shorthand reporting course, or whose application for student membership
is endorsed by a professional or associate member attesting to the fact
that said applicant is a student of shorthand reporting, is eligible
for student membership in this Association.
Section 4. Honorary-Retired Membership
Any Professional or Associate Member of this Association who has been a member in good standing for
fifteen years, upon retiring from the active practice of shorthand reporting, may become, subject to
the approval of the Executive Board, an Honorary-Retired Member of this Association.
Section 5. Privileges
Only
Professional Members and Honorary-Retired Members who have been
shorthand reporters shall be eligible to vote and eligible to hold an
elective office. Associate and Student Members of this Association
shall be entitled to all the rights and privileges of professional
membership except the right to vote and hold a Certificate of
Registration as a Certified Shorthand Reporter.
Section 6. Acceptance
The Executive Board shall pass upon the eligibility of all applications for membership hereinbefore
referred to.
Section 7. Termination
Membership in the Association may be terminated for cause only after the member has had an opportunity
to be heard in answer to charges before an Ethics Committee appointed by the President as set forth
in the Policies and Procedures Manual. A two-thirds vote of the Executive Board shall be required to
terminate membership except for nonpayment of dues.
ARTICLE IV - Officers and Duties
Section 1. Composition
The officers of the Association shall consist of a President, President-Elect, Vice-President, Secretary
and Treasurer, who shall be elected by the members at an annual meeting and hold office until the next
annual meeting, and whose duties shall be as set forth herein.
Section 2. Duties of Officers
(a) President.
The duties of the office of President shall be those pertaining to such
office, to preside at meetings of the Association, to be the Chairman
of the Executive Board, to make all appointments to committees as
provided under other sections of these Bylaws, to fill the vacancies
occurring in any committee for the remainder of the time for which such
committeemen may have been appointed or elected, to use all reasonable
means to promote the purposes for which the Association is formed, and
to render a report at the next annual meeting following his election of
his acts and functions during the year, to maintain the Association
Policy and Procedures Manual, to fill the vacancies occurring in any
office for the remainder of the time for which such officer may have
been appointed or elected. The President shall, in the absence of the
Treasurer, have authority to sign checks on behalf of the Association.
(b) President-Elect.
The duties of the President-Elect shall be to perform and discharge
such duties as are assigned to him by the President, and to perform all
the duties of the President during the latter's absence or disability
and shall succeed to the office of President in the event of withdrawal
or resignation of the President for any reason.
(c) Vice-President.
The duties of the Vice-President shall be to perform and discharge such
duties as are assigned to him by the President or President-Elect, and
to perform all the duties of the President-Elect during the latter's
absence or disability and shall succeed to the office of
President-Elect in the event of withdrawal or resignation of the
President for any reason.
(d) Secretary.
The duties of the office of Secretary shall be to keep minutes of the
meetings of the Association, to compile and maintain a current
membership list, to compile a list of the members in attendance at the
annual meeting, to provide all members a list of the officers elected
and standing committee members appointed for the ensuing year, to keep
a perpetual register of all elective officers of the Association, and
to provide all members with annual reports of officers and committees.
(e) Treasurer.
The duties of the office of Treasurer shall be to receive all the monies from any source paid into
the Association, and to pay all bills allowed and approved by the Executive Board. The Treasurer
shall, at the close of each fiscal year, submit a report of the finances of the Association and
the books of the Association to a Certified Public Accountant for preparation in compliance with
state and federal tax, and reporting requirements.
ARTICLE V - Executive Board
Section 1. Composition
The
Executive Board of the Association shall be composed of the President,
President-Elect, Vice-President, Secretary, Treasurer, the immediate
Past President and four to six directors from the membership at large. At each
annual meeting two or three directors shall be elected to the Board for a
two-year term. If an Executive Director is appointed, he shall become
an ex-officio member of the Board without voting rights.
Section 2. Powers
The
Executive Board shall have full power to act upon all matters of
business requiring attention during the intervals between meetings,
including the approval or rejection of any application for membership,
approval of bills, approval of the appointment of the Executive Staff
and the salary thereof, and approval of the Association's annual
budget, except as provided for in Article VII, Section (e). It shall
fix the place and time of the annual meeting and approve other meetings
of the general membership and notice shall be given to all members of
the Association of the time and place so fixed and determined upon by
the Board at least ten (10) days prior to such meeting.
Section 3. Meetings
The Executive Board shall, at its pleasure, commission the President and/or another delegate to attend
the annual convention of the National Court Reporters Association. Said delegates shall receive from
the funds of the Association a sum of money in an amount to be set by the Executive Board to defray
expenses.
ARTICLE VI - Executive Staff
Section 1. Executive Director
If an Executive Director is appointed, his responsibility shall be to
perform such duties as may be assigned to him by the Executive Board,
including but not limited to administrative, financial and publishing
responsibilities. The Executive Director shall attend meetings of the
Executive Board, as well as the general membership meetings, and may
take part in discussion, but shall have no voting rights. The Executive
Board in their discretion may from time to time deliberate and/or vote
in executive session. The Executive Director may make recommendations
to the board based upon his activities on behalf of the Association.
Section 2. Executive Staff
If no Executive Director is appointed, other executive staff may be employed to undertake such duties,
responsibilities and authority as may be delegated by the Executive Board.
ARTICLE VII - Committees
Section 1. Standing Committees
All
Standing Committee members shall be composed of members of the
Association and shall be appointed by the President. In addition to the
duties listed below, each committee shall present annually a written
report to be published in the Summer issue of the Bay State Reporter.
Chairmen shall be appointed by the President from within each
committee. Each Chairman shall submit budget requests to the Treasurer
by February 15. Each committee shall preserve minutes of its meetings.
The plans and goals of each committee shall be submitted to the
Executive Board for its March meeting.
(a)
Nominations There shall be a Committee on Nominations. For the purpose
of expediting the business of the annual meeting, it shall be the duty
of this Committee to nominate officers and members of the Executive
Board for the action of the membership at the annual meeting. The
Committee shall invite to appear before it all members who wish to
express their views as to those best qualified for the various offices.
The President shall also call for nominations from the floor prior to
the election of officers and members of the Executive Board.
(b)
Bylaws There shall be a Committee on Bylaws. One such member shall be a
Past President of this Association. It shall be the duty of this
committee to conduct a continuing review of the Bylaws of the
Association and to propose such amendments as, in its judgment, are
deemed necessary to coordinate and simplify the Bylaws and to eliminate
conflicting and impracticable provisions therein.
(c)
Legislation There shall be a Committee on Legislation. It shall be the
duty of this Committee to see that members are informed from time to
time of matters involving legislation that is under consideration by
the Legislature, directly or indirectly affecting shorthand reporters
or other matters. Where requested, it shall directly assist in the
passage of legislation pertaining to the position of shorthand reporter
and perform all such other duties and acts pertaining to such
Committee.
(d)
Certification There shall be a Committee on Certification. The
Chairperson of this Committee shall have been actively and principally
engaged as a professional shorthand reporter within the Commonwealth of
Massachusetts for a period of not less than five (5) years, and shall
be a Certified Shorthand Reporter.
The
Committee shall issue Certificates of Registration to each general
member of the Association who has satisfactorily passed the Certified
Shorthand Reporter examination. The Committee shall conduct such
examinations annually and at such other times and places as it may deem
necessary. The Committee shall require proof that the applicant has the
knowledge, practical experience and competence necessary to act as a
shorthand reporter and shall require a practical demonstration of the
applicant's skill. All applicants for registration shall be given at
least thirty (30) days' notice of the examination to be conducted by
this Committee.
The examination for certification shall consist of testing the reporting ability and general knowledge
of the applicant pursuant to the following standards:
- Literary: 170 words per minute
- Jury Charge: 190 words per minute
- Testimony: 210 words per minute
Dictation shall be for five minutes in each section, and a grade of 95% as to each section shall be
passing.
The
applicant shall transcribe each section immediately following the
dictation. Speed and accuracy in transcribing notes will be the basis
of the test, as well as correct spelling. Errors shall be defined using
the guidelines established by the National Court Reporters Association
for its Registered Professional Reporter examination.
Notwithstanding
the provisions of the foregoing subsections, any general member of the
Association in good standing who files an application for a Certificate
of Registration with the Committee and who furnishes written proof to
the Committee that he has successfully passed the Registered
Professional Reporter examination administered by the National Court
Reporters Association and who pays the appropriate fee shall, without
further examination, be granted and issued such Certificate by this
Committee.
The fee schedule will be set by the Committee on Certification with the approval of the Executive Board.
All fees and charges as provided above shall be collected by the Committee and delivered to the Treasurer
of the Association for payment into the Association.
Every
Certified Shorthand Reporter who continues in the active practice of
shorthand reporting and continues to be a member of the Association in
good standing shall retain his registration. A certificate expiring
under this section shall only be reinstated upon application to this
Committee and upon good cause shown.
Any
nonmember or student member of MCRA who successfully passes the
Certified Shorthand Reporter examination must become a professional
member in order for his certificate to be in effect. Applications for
professional membership must be submitted to the Association within 60
days after the date of examination.
Certified
Shorthand Reporters shall be issued a registration number with each
certificate. Registration numbers shall be used on title pages,
certification pages and all correspondence with the Association.
Section 2. Ad Hoc Committees
Ad Hoc Committees may be appointed by the President with the approval of the Executive Board.
ARTICLE VIII - Dues
Section 1. Annual Dues
The annual dues for each class of membership in this Association shall be set by the Executive Board
and approved by the membership at the Annual Meeting. Such annual dues shall become due and payable
on the first day of the fiscal year.
Section 2. Delinquent Dues
Any member who has not paid his dues within sixty (60) days of July 1 shall automatically lose
membership privileges. If the delinquent member makes payment of the current year's dues during the
remainder of the fiscal year, then membership privileges shall be automatically restored. If a member
remains delinquent beyond the fiscal year in which dues were unpaid, then membership may be regained
only through the initial application process.
Section 3. New Applicants
New
applicants upon whom the Executive Board takes favorable actions during
the four months preceding the end of the membership year shall pay the
full current dues. Such dues shall constitute full payment of the next
year's membership dues.
ARTICLE IX - Public Relations
The President shall appoint a member for a two-year term to publicize the activities of the Association
and promote the profession to the media.
ARTICLE X - Elections
All officers and members of the Executive Board shall be elected by a majority vote of those present
and entitled to vote at the annual meeting.
ARTICLE XI - General Membership Meetings
Section 1. Annual
The annual meeting of the Association shall be held at such time and place as the Board of Directors
shall determine.
Section 2. Other
Additional meetings shall be held at the call of the President or of a majority of the Executive Board.
Section 3. Notice
Notice of any meeting shall be given to the membership in writing not less than ten (10) days prior
thereto, setting forth the date, time, place and agenda for such meeting.
Section 4. Quorum
Fifteen members shall constitute a quorum for the transaction of business at any meeting.
ARTICLE XII - Amendments
These Bylaws may be amended at any meeting by a two-thirds vote of the members present and voting unless
otherwise required by law. All proposed amendments shall be submitted to the Secretary not less than
thirty (30) days prior to the meeting at which the said amendments are to be acted upon and notice of
such proposed amendments shall be given to the membership in writing no less than ten (10) days prior
to the meeting the amendments are to be acted upon.
ARTICLE XIII - Parliamentary Authority
The rules contained in Robert's Rules of Order, Newly Revised, shall govern all Executive Board and
general membership meetings of this Association in all cases to which they are applicable and in which
they are not inconsistent with these Bylaws.
ARTICLE XIV - Personal Liability
The
members, directors and officers of the Association shall not be
personally liable for any debt, liability or obligation of the
Association. All persons, corporations or other entities extending
credit to, contracting with, or having any claims against the
Association may look only to the funds and property of the Association
for the payment of any such contract or claim, or for the payment of
any debt, damages, judgment or decree, or of any money that may
otherwise become due or payable to them from the Association.
ARTICLE XV - Miscellaneous
Section 1. Official Address
The offices of the Association shall be maintained at such address as the Executive Board may determine.
Section 2. Wording
Wherever
the word "he" or "him" appears in any Article of these Bylaws, it shall
be construed as meaning "he" or "she" and "him" or "her."
ARTICLE XVI - Dissolution
The
Association shall use its funds only to accomplish the objectives and
purposes specified in these Bylaws and no part of said funds shall
inure, or be distributed, to the members of the Association. On
dissolution of the Association, any funds remaining shall be
distributed to one or more regularly organized and qualified
charitable, education, scientific, or philanthropic organizations to be
selected by the Board of Directors.
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