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MENC Constitution

MENC Constitution and Bylaws

Revised July, 2008

MENC Constitution

Article I--Name
The organization shall be known as the "Music Educators National Conference, hereinafter designated either as the "MENC" or as the "Conference."
Article II--Purpose
The purpose for which the Conference is organized and operated is exclusively literary and educational, as defined in Section 501(c)(3) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be amended. The purpose of the Conference shall be the advancement of music education, and in specific furtherance thereof:
(a) to conduct programs and activities to build a vital musical culture and an enlightened musical public for the benefit and the general welfare of all persons; (b) to ensure that every student shall have access in school to a balanced, comprehensive, and high-quality program of music instruction; (c) to improve the quality of teaching, research, and scholarship in music; (d) to promote the involvement of persons of all ages in learning music; (e) to foster the utilization of the most effective pre-service and in-service preparation of music teachers. In furtherance thereof, the Conference may hold conferences, symposia, and other meetings; publish journals, books, and other publications; seek and accept grants, gifts, and contracts for any of the said foregoing purposes; and exclusively for the public benefit, use, publish, and otherwise make available to the general public on a nondiscriminatory basis the results of its collection of information deriving from the foregoing activities. The Conference may conduct any and all other activities in accordance with its Bylaws, which are designed to accomplish the foregoing purposes.
Article III--Membership
Membership in the Conference may be divided into such classifications for annual membership dues or for the election of members of the National Executive Board or for such other purposes as the Bylaws may prescribe or as the National Executive Board may from time to time designate. The conditions, terms, privileges, rights, and duties of membership shall be stated or provided for in the Bylaws of the Conference.
Article IV--Government
The Board of Directors, which shall be known as the National Executive Board, shall be the legal representative of the Conference and as such shall have, hold, and administer all the property, funds, and affairs of the Conference. Provisions for the regulation of the internal affairs of the Conference shall be provided for in the Bylaws of the Conference.
Article V--Elections
The manner of the election or appointment of the members of the National Executive Board shall be provided for in the Bylaws of the Conference.
Article VI--Disposition of Assets in Case of Dissolution
In the event of dissolution or termination of the Conference, the National Executive Board shall, after the payment of all of the liabilities of the Conference, dispose of all of the assets of the Conference exclusively for the objectives of the Conference in such manner or to such organization or organizations organized exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the National Executive Board shall determine. Any of such assets not so disposed of shall be disposed of by the court of proper jurisdiction exclusively for such proposes or to such organization or organizations as said court shall determine which are organized and operated exclusively for such proposes.
Article VII--Amendments
This Constitution may be altered or amended by an approving vote of two-thirds of those members who cast ballots by mail. Ballots and necessary supporting information shall be mailed from the national headquarters office as least sixty (60) days prior to the close of voting to all members of record who are eligible to vote. Such closing date shall be designated by the National Executive Board and printed on the ballots.
Proposed amendments to this Constitution may be initiated by the National Executive Board or by a petition signed by five percent (5%) of the membership in each of no fewer than fifteen (15) federated state associations or associations of territories or the District of Columbia, herein referred to in a group as federal state associations.

MENC Bylaws

Bylaw I -- Membership

Section 1. Active Membership. Active membership shall be open to persons engaged in music teaching or other music-related educational work in the United States of America including its territories, the District of Columbia, and APO and FPO addresses. Each active member shall have the right to vote and hold office. Each active member shall receive a subscription to those MENC periodicals and other communication services deemed appropriate by the National Executive Board. Each active member shall hold concurrent membership in his or her respective federated state association of MENC. Active membership may also be open to persons eligible for life membership, introductory membership, collegiate membership, or retired membership upon payment of the prescribed active membership dues, subject to the provisions of the Constitution and Bylaws of the respective federated state association. Active membership may also be open to United States citizens residing in foreign countries, subject to the provisions of the Constitution and Bylaws of the federated state association, if any, through which they apply for active membership.
Section 2. Life Membership. Life Membership shall be open to persons who are eligible for active membership. Life members shall have the same privileges as active members. Each life member shall receive a subscription to those MENC periodicals and other communication services deemed appropriate by the National Executive Board. Each life member shall hold concurrent membership in his or her respective federated state association of MENC.
Section 3. Introductory Membership. Introductory membership shall be open to persons in their first year of full-time music teaching or other music-related education work who have been collegiate members during the preceding fiscal year. The membership shall be limited to one membership year. Introductory members shall have the same privileges as active members except the right to hold elective office. Each introductory member shall receive a subscription to those MENC periodicals and other communication services deemed appropriate by the National Executive Board. Each introductory member shall hold concurrent membership in his or her respective federated state association of MENC.
Section 4. Collegiate Membership. Collegiate membership shall be open to music students in teacher education programs at the college or university level who are not employed full time as teachers. Collegiate chapter members shall have the same privileges as active members except the right to vote or hold elective office. Each collegiate member shall receive a subscription to those MENC periodicals and other communication services deemed appropriate by the National Executive Board. Each collegiate member shall hold concurrent membership in his or her respective federated state association of MENC.
Section 5. Retired Membership. Retired membership shall be open to former music educators who have retired from teaching or other music-related educational work and who have been members of MENC for at least ten consecutive years prior to seeking retired membership status. Retired members shall have the same privileges as active members except the right to hold elective office. Each retired member shall receive a subscription to those MENC periodicals and other communication services deemed appropriate by the National Executive Board. Each retired member shall hold concurrent membership in his or her federated state association of MENC.
Section 6. Associate Membership. Associate membership shall be open to any individual interested in the advancement of music education who is not primarily engaged in music teaching or other music-related educational work. An associate member need not hold concurrent membership in his or her respective federated state association of MENC. Associate members shall have the same privileges as active members except the right to vote and to hold elective office. Associate members shall receive a subscription to those MENC periodicals and other communication services deemed appropriate by the National Executive Board
Section 7. International Membership. International membership shall be open to nationals of other countries and American music educators located in countries outside the United States and its territories. International members shall not hold concurrent membership in a federated state association, and they shall not have the right to vote or to hold elective office. Each international member shall receive a subscription to those MENC periodicals and other communication services deemed appropriate by the National Executive Board.
Section 8. Corporate Membership. Any firm or institution desiring to contribute to the support of the educational activities of MENC may become a corporate member upon payment of the prescribed dues. A corporate member must assign its membership to an individual employed by that corporation. This individual shall receive a subscription to those MENC periodicals and other communication services deemed appropriate by the National Executive Board and shall have the same rights and privileges as active members except the right to hold elective office.

Bylaw II--Dues and Fees

Section 1. Amount of Dues. The National Executive Board shall set the amount of annual dues for active membership. Changes in the amount of dues for active membership may not be enacted more frequently than once per year and may not exceed $10, or an amount based on the most recent annual consumer price index as reported by the Bureau of Labor Statistics, whichever is lower. Any increase in excess of this amount shall be approved by a majority vote of the presidents of the federated state associations. The amount of dues for other categories of membership shall be based upon the active membership dues as follows, rounded off upward to the nearest dollar:

Life membership 3000 percent of active membership dues
Introductory membership 50 percent of active membership dues
Collegiate membership 30 percent of active membership dues
Retired membership 50 percent of active membership dues
Associate membership 25 percent of active membership dues
International membership 100 percent of active membership dues

Section 2. State and National Membership Dues. In the case of active, introductory, collegiate, and retired memberships, the amount of the federated state association dues shall be added to the national dues. In the case of life memberships, the appropriate amount of active or retired state dues shall be remitted by the national headquarters office to the respective federated state association.
Section 3. Remittance of Dues. Dues for all memberships except corporate membership shall be paid either to the national headquarters office or to the federated state association to which the member belongs. If dues are paid to the federated state association, the association shall remit the appropriate national dues on a monthly basis to the national headquarters office. If dues are paid to the national headquarters office, the national headquarters office shall remit the appropriate state dues to the federated state association. Dues for corporate memberships shall be paid to the national headquarters office.
Section 4. Fees. All fees for receiving MENC services or for participating in MENC activities, including subscription rates to MENC periodicals and other services, shall be set by the National Executive Board.

Bylaw III--Government

Section 1. Authority. Authority for the management, policies, and actions of the Conference is vested in the National Executive Board. As presiding officer of the National Executive Board, the MENC National President is responsible for the leadership of the Conference. The National Assembly, the Division Executive Boards, the federated state associations, and individual members may make recommendations to the National Executive Board regarding management, policies, and actions.
Section 2. National Officers. The elected officers of the Conference shall be a President, a President-Elect, and the Immediate Past President. The President shall plan and preside at all national in-service meetings of the Conference and shall preside at meetings of the National Executive Board. The President shall have the power to appoint committees not otherwise provided for in the Bylaws. Such committees shall be responsible to the National Executive Board. The President shall perform all other duties pertaining to this office. The President-Elect shall assume the duties of the President in case of the disability or absence of the President and shall have such other duties as may be assigned by the President or the National Executive Board. The Immediate Past President shall serve as adviser to the President, shall serve as presiding officer of the National Assembly, and shall have such other duties as may be assigned by the President or the National Executive Board.
Section 3. National Executive Board. The National Executive Board shall be composed of the National President, National President-Elect, National Immediate Past President, the Presidents of the Divisions, the Immediate Past Presidents of the three Divisions with the largest numbers of active and retired members, and the Immediate Past President of one of the three Divisions with the smallest numbers of active and retired members, a total of thirteen (13) and not more than fifteen (15) members. The National Executive Board shall: (a) have general jurisdiction over and responsibility for the functions of the Conference, including the dividing of the Conference into geographical Divisions; (b) approve the slate of candidates for each national and Division election; (c) approve the dates and sites of national and Division in-service conferences; (d) fill the unexpired term in case of vacancy in the office of National Immediate Past President; (e) have authority to establish and discontinue ad hoc committees, standing committees not provided for in Bylaw X, and ex officio Councils, as defined in Bylaw VIII, Section 1, all of which shall be responsible to the National Executive Board; (f) elect members of the editorial committees of all serial publications, and, in accordance with Bylaw VII, elect members of the Executive Committees of Societies; (g) provide for an annual examination of the accounts of the Conference by a qualified accountant; (h) assume responsibility for the business management and operations of the Conference, and for the management and control of the funds thereof; and (i) appoint an Executive Director, prescribe his or her duties and compensation, and have full control of his or her acts as Executive Director.
Section 4. Division Officers. The officers of each Division shall be a President, a President-Elect, and an Immediate Past President. Those officers designated in section 3 above shall serve on the National Executive Board. The Division President shall preside at meetings of the Division and at meetings of the Division Executive Board. The Division President shall have the power to appoint ad hoc committees at the Division level. Such committees shall be responsible to the Division Executive Board. The Division President shall, in consultation with the Division Executive Board, provide for the preparation of the program for any Division in-service conference, and shall perform all duties pertaining to the office. The Division President-Elect shall assume the duties of the Division President in case of disability or absence of the President. The Division President-Elect shall assist in the collection of official records and materials, shall serve as recording secretary of the Division Executive Board, and shall have such other duties as may be assigned by the Division President or the Division Executive Board. The Division Immediate Past President shall serve as an adviser to the Division President and shall have such other duties as may be assigned by the Division President or the Division Executive Board.
Section 5. Division Executive Board. Each Division Executive Board shall be composed of the three Division officers and the Presidents of the federated state associations in the Division. The Division Executive Board shall: (a) have jurisdiction over and responsibility for the functions of the Division as a geographical and organizational unit of the Conference; (b) assist the Division President in an advisory capacity; (c) fill the unexpired term in case of vacancy in the office of Division Immediate Past President; (d) make recommendations through the Division President to the National Executive Board.
Section 6. Terms of Office. Terms of office for the three National officers and the three officers of each Division of the Conference shall be for two years, or until their successors shall have been elected and installed, beginning with the opening of the fiscal year following their election. National officers and the officers of half of the Divisions take office in even-numbered years; the officers of the remaining half of the Divisions take office in the odd-numbered years. The term of office for the Immediate Past Presidents of the three divisions with the largest numbers of active and retired members shall be for two years. The term of office for the Immediate Past Presidents of one of the three divisions with the smallest numbers of active and retired members shall be for one year. This one-year term of office shall rotate on a yearly basis among the immediate past presidents of those three Divisions.
Section 7. Succession of Officers. If the National President or a Division President should be unable to fulfill the specified term of office, the National President-Elect shall assume the unexpired portion of the term of the National President or the Division President-Elect shall assume the unexpired portion of the term of the Division President. If the unexpired portion of the term is more than one year, the National President-Elect or the Division President-Elect shall serve the unexpired portion only and shall not then succeed to a full term of two years as President. If the unexpired portion of the term is less than one year, the National President-Elect or the Division President-Elect shall serve the unexpired portion of the term and shall then succeed to a full term of two years as President. If the National President-Elect or a Division President-Elect should be unable to fulfill the specified term of office, whether by reason of succession to the presidency or for any other reason, a special election shall be held to fill the vacancy in the office of President-Elect. If the National Immediate Past President or a Division Immediate Past President should be unable to fulfill the specified term of office, the National Executive Board or Division Executive Board shall select a former National President or Division President, respectively, to fill the unexpired portion of the term.
Section 8. Reelection of Officers. National and Division officers of the Conference may not succeed themselves but may be returned to office after a period of two years has elapsed.
Section 9. Limitation of Responsibility of the Officers. The authority and responsibility for the management and for the maintenance of the good will and credit of the Conference is vested in the National Executive Board, but it is expressly understood that neither the Board, nor any member thereof, nor any staff member, nor any member of the Conference shall be required to accept personal financial responsibility for duly authorized bills or obligations, or for litigations that may develop from authorized activities of the organization carried on in good faith and in pursuit of the objectives, purposes, and activities prescribed or authorized by the Constitution and Bylaws of the Conference.

Bylaw IV--Internal Affairs

Section 1. Elections.
A. National Nominating Committee. The National Executive Board shall appoint a committee for the purpose of nominating two candidates for the office of National President-Elect. The committee shall consist of one member from each of the Divisions and one member-at-large who shall be chairperson.
B. Division Nominating Committees. Each Division Executive Board shall appoint a committee for the purpose of nominating two candidates for the office of President-Elect of the Division. The committee shall consist of one member from each of the federated state associations in the Division and one member-at-large who shall be chairperson.
C. Voting. Voting in national and Division elections shall be conducted by a method determined by the National Executive Board. Ballots and necessary supporting information shall be distributed at least sixty (60) days prior to the close of voting to all members of record who are eligible to vote. Such closing date shall be designated by the National Executive Board and indicated on the election materials. A majority of the votes cast shall constitute election.
Section 2. Executive Board Meetings. The National Executive Board shall meet at the call of the National President, or upon the joint request of a majority of the membership of the National Executive Board. A Division Executive Board shall meet at the call of the Division President, or upon the joint request of a majority of the membership of the Division Executive Board. A quorum of not less than fifty percent (50%) of the members of the National Executive Board or a Division Executive Board shall be required for the transaction of business. When necessary, the National Executive Board and the Division Executive Boards may transact business by conference call or by any means of communication by which all persons participating in the meeting are able to hear one another, and such participation shall constitute presence in person at the meeting.
Section 3. Rules of Order. Robert's Rules of Order Newly Revised shall govern all national and Division business meetings of the Conference.

Bylaw V--Administration

Section 1. Executive Director. The Executive Director shall be selected by the National Executive Board. The duties and compensation of the Executive Director shall be determined by the National Executive Board.
Section 2. Fiscal Year. The fiscal year shall be determined by the National Executive Board.
Section 3. Contracts. The National Executive Board may authorize any officer, officers, agent, or agents of the Conference, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Conference. Such authority may be general or may be confined to specific instances.
Section 4. Checks, Drafts, or Orders. All checks, drafts, or orders for payment of money, notes, or other evidences of indebtedness issued in the name of the Conference shall be signed by such officer, officers, agent, or agents of the Conference and in such a manner as shall from time to time be determined by resolution of the National Executive Board. In the absence of such determination by the National Executive Board, such instruments shall be signed by the authorized agent and countersigned by the President, President-Elect, or Immediate Past President of the Conference.
Section 5. Deposits. All funds of the Conference shall be deposited from time to time to the credit of the Conference in such banks, trust companies, or other depositories as the National Executive Board or its agent may select.
Section 6. Gifts and Management of Assets. The National Executive Board is authorized and empowered on behalf of the Conference to receive by devise, bequest, donation, or otherwise, either real or personal property, and to hold the same absolutely or in trust, and to invest, reinvest, and manage the same and to apply said property and the income arising therefrom to the objectives of the Conference. The National Executive Board also shall have power to allocate the funds of the Conference for the purposes of carrying out the objectives of the Conference.
Section 7. Books and Records. The Conference shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its National Executive Board. The Conference shall keep at the national headquarters office a record giving the names and addresses of the members entitled to vote.
Section 8. Financial Responsibility. The federated state associations shall be financially responsible for the maintenance and operation of their organizations. The facilities, services, and staff of the national headquarters office may be utilized by each organization under such reasonable rules and regulations as may be determined by the National Executive Board. Each organization shall pay all expenses for such services as printing, postage, and travel by the national headquarters staff on behalf of the organization.

Bylaw VI--Federated State Associations

Section 1. Conditions for Recognition. Federated state associations are recognized by the Conference as broadly representative of music education interests within their states. Similar associations within the territories, commonwealths, District of Columbia, or other jurisdictions may also be recognized by the Conference and shall be referred to herein as federated state associations. Such associations may or may not be assigned to Divisions by the National Executive Board. The constitution and bylaws of a federated state association shall not conflict with any provision of the Constitution and Bylaws of the Conference. The constitution or bylaws of each federated state association shall stipulate that each member of the state association, except associate members or those in other membership categories limited to persons who are not primarily engaged in music teaching, must also be a member of the Conference.
Section 2. Maintenance of Federated Relationship. A federated state association must hold at least one meeting of its membership or of its governing board each year. Failure to hold such a meeting during a period of two years shall be cause for suspension of the federated relationship. Failure to hold such a meeting for a period of three years shall be cause for cancellation of the federated relationship. Before suspension or cancellation of the federated relationship shall take effect, thirty (30) days' notice by certified mail shall be given to the officers and/or members of the governing board of the federated state association. The National Executive Board shall determine the disposition of the state portion of the annual dues paid by members of a federated state association whose federated relationship with the Conference has been suspended or canceled.

Bylaw VII-- Societies

Section 1. Formation of Societies. In addition to the Society for Research in Music Education, the Society for General Music, and the Society for Music Teacher Education, the National Executive Board may establish Societies to foster communication among and meet the needs of specific segments of the membership of the Conference. Each such society shall be constituted as specified in Sections 2 and 3 below.
Section 2. Personnel, Purpose, Meetings. Societies within MENC shall be composed of all MENC members with established interests in the professional area served by the Society. The purpose of each Society shall be consistent with the Constitution and Bylaws of the Association and shall be agreed to by the National Executive Board. Each Society shall convene at the time and place of the national in-service conference or at such other time and place designated by the National Executive Board, and the Division sections of the societies may meet at the time and place of the Division in-service conferences or at such other time and place agreed to by the Division Board. Each society may have a publication or other means of communication as deemed appropriate by the National Executive Board.
Section 3. Governance. Each society shall have a governance structure including a Council, an Executive Committee, and such other officers determined necessary by the National Executive Board.

Bylaw VIII--Councils

Section 1. Definitions. Councils shall be either representative or ex officio. Representative Councils consist of representatives from the federated state associations, and other members, and exist within the Societies of the Conference as provided for in Bylaws VII, VIII, and IX. Ex officio Councils consist of persons who hold Council membership by virtue of holding an office or position and are provided for in this Bylaw.
Section 2. Officers of Ex Officio Councils. Ex Officio Councils shall elect from its membership a chairperson, a secretary, and such other officers as it shall deem necessary. Each officer shall serve a two-year term concurrent with that of the National President of the Conference.
Section 3. Meetings. All Councils shall convene at the time and place of the national in-service conference and at such other times as may be approved by the National Executive Board. Division sections of the Councils may convene at the time and place of any Division in-service conferences.
Section 4. Services. Facilities and services of the national headquarters office and staff shall be available to all Councils under terms and conditions to be established by the National Executive Board.

Bylaw IX--Allied Organizations

The National Executive Board may establish various classifications of organizations that wish to be allied with MENC in the advancement of music education. The criteria for these classifications will be determined by the National Executive Board and may include factors such as size and composition of membership, purpose and nature of the organizations, and manner of governance.
Any such organization may apply to the National Executive Board for one of the classifications of allied organizations. Allied status may be terminated by written request of the National Executive Board, effective thirty (30) days after written notice has been delivered by certified mail to an officer of the allied organization.

Bylaw X--Standing Committees

Section 1. Editorial Committees: The National Executive Board may approve the publication of periodicals and other forms of regular communication. For each such periodical or form of regular communication, the National Executive Board may appoint editorial committees as it deems appropriate.
Section 2. Other Committees
A. Hall of Fame Board. The Music Educators Hall of Fame shall be administered by the Hall of Fame Board, which shall consist of the Hall of Fame Screening Committee and the Hall of Fame Committee-at-Large. The chairperson of the Board and of both Committees shall be a member of the Council of Past National Presidents elected by the Council for a term of six years. The Screening Committee shall consist of three members in addition to the chairperson. Members shall be appointed by the National Executive Board upon the recommendation of the National President. The term of office of each member shall be six years. Two members shall be appointed each biennium. Retiring members of the Screening Committee may not be reappointed until two years have elapsed since the end of their terms. Each biennium, concurrent with the term of office of the National President of the Conference, the National Executive Board shall appoint ten members to the Committee-at-Large. The term of office of each member shall be two years. Retiring members of the Committee-at-Large shall be eligible for immediate reappointment.
B. Executive Committee. The Executive Committee shall consist of the National President, President-Elect, Immediate Past President, and one Division President appointed by the National President. The President shall serve as chairperson. It shall be the responsibility of the Committee annually to recommend to the National Executive Board a budget for the Conference and to make such other recommendations concerning the affairs of the Conference as it shall from time to time deem appropriate.
C. Staff Representation. The MENC Executive Director, or a designated staff representative, shall provide liaison with the committees established in this Bylaw and with any other standing committees that may be established by the National Executive Board.

Bylaw XI--Ad Hoc Committees

Unless otherwise specifically provided, the term of office of all ad hoc committees, whether appointed by the National President under the authority of Bylaw III, Section 2, or by the National Executive Board under the authority of Bylaw III, Section 3, or by a Division President under the authority of Bylaw III, Section 4, shall end with the term of office of the President during whose administration they were appointed. The National President is a member ex officio of all national committees. The Division President is a member ex officio of all Division committees.

Bylaw XII--National Assembly

The National Assembly shall serve: (a) as an advisory body to the National Executive Board; (b) as a leadership conference; and (c) as a clearinghouse for the exchange of information concerning state, Division, and national policies, organizational functions, and activities. The presidents of the federated state associations, the elected presiding officers of ex officio Councils, and the chairpersons of the Executive Committees of Societies shall constitute the National Assembly. The elected national and Division officers shall be members ex officio of the National Assembly. Meetings of the National Assembly shall be held at the time of the national in-service conference and at other times stipulated by the National Executive Board. The National Immediate Past President shall act as chairperson and presiding officer. Invitations to audit meetings of the National Assembly shall be extended to all elected officers of federated state association.

Bylaw XIII--Amendments

These Bylaws may be altered or amended by an approving vote of the majority of those members who cast ballots by such means as are determined appropriate by the National Executive Board. Ballots and necessary supporting information shall be sent from the national headquarters office at least sixty (60) days prior to the close of voting to all members of record who are eligible to vote. Such closing date shall be designated by the National Executive Board distributed with the ballots. Proposed amendments to these Bylaws may be initiated by the National Executive Board or by a petition signed by five percent (5%) of the membership in each of no fewer than fifteen (15) federated state associations or associations of territories or the District of Columbia or other MENC affiliates, herein referred to in a group as federated state associations.