The following document was tentatively approved by
the ACB Board of Directors during its February 2000
meeting pending comments. It will be re-presented at
the September 23, 2000 meeting for final approval.
Copies are also available in alternative formats from
the ACB National Office. We recommend that all ACB
affiliate presidents familiarize themselves with it. All
comments should be directed to:
Terry Pacheco
Membership & Affiliate
Services Coordinator,
American Council of the Blind
1155 15th Street NW, Suite 1004
Washington, DC 20005
202-467-5081
tpacheco@acb.org
There is little doubt that the American Council of the Blind has entered an era of significant change. Society as a whole is changing and ACB must likewise change, if it is to continue as the foremost advocate for blind and visually impaired persons in the country. As in nature, an entity either adapts or it perishes.
Recognizing this reality, ACB's 1995 Long-range Plan calls for a number of actions designed to facilitate the organization's transition to the 21st century. One area the Plan addresses is "Relations with ACB Affiliates". The first action specified in the Plan under this category states. "Develop a clear list of affiliate rights and responsibilities and take steps necessary for its dissemination and implementation."
In undertaking this endeavor, it has become apparent that many within our organization have grave concerns regarding how this proposed document will be utilized. Would it, for example, become a weapon to wield against "recalcitrant affiliates" which do not "toe the party line?" All members of the Ad Hoc Committee on Affiliate Rights and Responsibilities state unequivocally that this is not our intent in developing this document.
Additionally, a number of ACB members have expressed strong reservations over the term "rights and responsibilities," again feeling that this denotes its potentially punitive use. Mindful of these concerns, and of the importance of having an acceptable and useable framework for relations between the national organization and the approximately 70 state and special interest affiliates, the Ad Hoc Committee on Affiliate Rights and Responsibilities has taken the liberty of renaming this document: "AFFILIATE AND NATIONAL ORGANIZATION EXPECTATIONS." It is our sincere hope that by drafting statements in the form of a series of expectations, most of those who have expressed concerns will more readily accept what is contained in the succeeding pages.
The Committee believes that a document has been created which strikes a delicate, yet necessary, balance between and among the individual state and special interest affiliates on the one hand, and the national organization--as represented by its President, Board of Directors and Executive Director--on the other. It has been prepared in order to codify and clarify the various relationships which exist within this diverse and complex organization and to serve as a guideline for the appropriate interaction of those entities which comprise the American Council of the Blind. For any relationship to succeed and flourish, whether between individuals or independent entities, there must be a set of universally understood expectations by which all parties are willing to abide. Such a set of expectations is what this committee places before the Board of Directors and members of the American Council of the Blind for your consideration.
This Committee also feels strongly that Affiliate and national organization expectations must be viewed as an "organic" document; that is, it should always reflect as accurately as possible the evolution of the American Council of the Blind. As such, the Committee on Affiliate Rights and Responsibilities recommends that it be reviewed on a periodic basis, perhaps every five years, and the Board of Directors establish a mechanism or process by which to conduct such a periodic review.
Overview:
The American Council of the Blind is, in legal fact, an
association of independent entities brought together by mutual
consent to address issues of common interest and concern. In
these various relationships, each affiliate chooses to abide by
certain principles, agreements and traditions without giving up
individual sovereignty or equality.
However, when a state or special interest affiliate's proposed action or activity has the potential to adversely affect either another state/special interest affiliate or the national organization, it has the obligation to bring such action or activity to the attention of the appropriate affiliate's leadership (including the national organization) prior to implementation. Conversely, if the national organization's proposed action or activity has the potential to adversely affect a state/special interest affiliate (e.g., a telemarketing campaign conducted in one or more states with ACB chapters), the national organization likewise has the obligation to inform such affiliate(s) in advance of the proposed action or activity. In either instance, common sense and respect for the national organization and/or its affiliates should warrant such notice.
Each affiliate within ACB functions independently with regard to control over its treasury, internal activities and the formulation of positions on policy matters. An exception may be made where an action has the clear potential for violating either state or federal statute. In such event, the national organization may intervene in order to protect itself from possible adverse legal action. However, recognizing democracy as a core value within ACB, the organization will, in all cases, assure due process with respect to any disciplinary action in accordance with a relationship of good faith between the national organization and its affiliates.
A. Expectations of the National Organization:
It is expected that the national organization will:
1. Notify the affiliate when an action or activity of that affiliate has the potential to jeopardize the organization's 501C3 status, or appears to violate ACB's Constitution and Bylaws;
2. Include qualified state and special interest affiliate members on ACB committees;
3. Respond in a timely manner through its Advocacy Services Committee to any request made for assistance;
4. Provide affiliates with membership and other information in a timely manner and in accessible formats when feasible;
5. Inform the affiliate when someone is representing ACB, either from or to their area in an official capacity.
B. Expectations of Affiliates:
It is expected that each state and special interest affiliate will:
1. Comply with the requirements for affiliation with ACB as set forth in the Constitution and Bylaws;
2. Assure that the affiliate's mission, goals and policies continue to be compatible with those of the ACB;
3. Participate actively in the development of the ACB and its mission, goals, policies and processes by joining the national organization to advocate on behalf of those issues deemed important by the ACB membership and by representing its position on those issues accurately;
4. Notify the national organization when the affiliate cannot, in good conscience, support a position taken by ACB or is compelled to take a public position in conflict with that of the ACB;
5. Inform the National Office of instances where ACB's position on issues is being misrepresented or where a person inaccurately portrays him/herself as an official spokesperson of the ACB.
Overview:
Open, two-way communication is vital to the success and
effectiveness of any relationship. This is so, whether the
relationship is between individuals (e.g., in a marriage), or
between entities e.g., an ACB state affiliate and the national
organization). In a large and diverse membership organization
such as the American Council of the Blind, it is particularly
crucial that lines of communication between and among the
various stakeholders--National Office, President, Board of
Directors, state and special interest affiliate leaders and
individual members--be as smooth and efficient as possible. In
order for ACB to function in this era of instantaneous
communication, every effort must be made to facilitate the flow
of information between and among the aforementioned
stakeholders.
A core value of ACB philosophy is the development and extension of trust between the national organization and each and all of its affiliates. A key element to the success of any relationship is the extent to which trust exists. It is expected that where a lack of trust arises, the involved parties will move expeditiously to resolve the outstanding issues.
One definition of the word "affiliation" is to associate as a member. As each individual is a member of a state/special interest affiliate, so each affiliate is a member of the national organization. This is a useful and mutually beneficial agreement, which in no way violates the legal autonomy and status of each ACB affiliate. When the ACB National Office requests that an affiliate provide information - which is already a matter of public record- it does so in order to facilitate efforts to better tailor the organization's programs and services to meet the needs of its members and affiliates. ACB is "in business," at a fundamental level, to support those members and affiliates.
Efforts must be made and steps taken by all concerned parties-- National Office staff, the President and Board of Directors, state/special interest affiliate presidents, and individual members--to facilitate communication within the American Council of the Blind. Given the relative ease of and options for moving information across country quickly and efficiently-- regular mail, telephone, e-mail--there is no reason why communication cannot be accomplished more effectively. As a byproduct, it should also be possible to reestablish that element of trust, which is so essential to the long-term existence of a membership organization such as the American Council of the Blind.
A. Expectations of the National Organization:
It is expected that the national organization will:
1. Provide state and special interest affiliates the following information or documents, on an annual basis:
- Constitution and Bylaws
- list of officers, directors and members of the Board of Publications
- list of those serving on standing and ad hoc committees
- list of affiliate presidents
- resolutions passed at the annual convention
- long-range plan
- list of publications available from the National Office
- list of appropriate readings for affiliate leadership;
2. Provide explanations and information which will enable members to work efficiently with the American Council of the Blind to further its missions, goals, organizational structure and processes, policies, services and programs;
3. Deliver timely and effective communication apprizing the membership of National Office activities and emphasizing those requiring immediate action by affiliates;
4. Provide information in an accessible medium or format;
5. Forward a draft of actions taken by the ACB Board of Directors within 60 days of each meeting of the Board;
6. Send written descriptions of the duties and responsibilities of the ACB Board of Directors, ACB committees and National Office staff;
7. Function as an archive of last resort for vital affiliate documents such as articles of incorporation, charter certificate, 501C3, or other important paperwork.
B. Expectations of Affiliates:
It is expected that each state and special interest affiliate will:
1. Provide the ACB National Office the following information or documents, updated as necessary:
- Constitution and Bylaws
- list of officers
- list of members, in addition to the president, who are to receive specific information from the National Office (e.g., membership information, legislative alerts)
- list of members recommended to represent the affiliate on ACB committees or projects
-e-mail address of someone within the affiliate who can serve as a reliable point of contact
- resolutions passed at the annual convention
- notice of affiliate convention
- minutes of affiliate convention
- affiliate newsletters
- information concerning fund-raising, Special projects or other newsworthy or policy changing activities;
2. Contact the ACB National Office if a representative cannot be sent to the ACB Legislative Seminar or any other event at which affiliate participation with the national organization is anticipated (this will allow the National Office sufficient time to make the necessary contacts on behalf of the unrepresented affiliate, or, where appropriate, offer financial assistance);
3. Maintain effective internal lines of communication with its local affiliates and utilize and appropriately disseminate information received from the ACB in a timely manner.
Overview:
The American Council of the Blind must consider and manage a
myriad of complex and inter-related issues with respect to its
membership (e.g., recruitment, development, census-taking,
collection of dues). How well these issues are considered and
managed relate directly to ACB's overall level of effectiveness,
ease of functioning and ability to continue as a viable
organization.
ACB functions successfully as an association of like-minded, independent affiliates and individuals sharing common characteristics and goals. It must be recognized that the primary agency for action within ACB is consensus among and between its members, affiliates and the national organization. From its inception, ACB's philosophy has rejected the monolithic, "one- size-fits-all" approach to membership and adopted the idea that the members themselves--not the Board and/or staff exercise primary control over the organization's direction. While this approach is at times frustrating, it makes ACB the truly democratic membership organization we proclaim it to be. In point of fact, ACB would not exist without its individual and diverse members reaching consensus on those issues (and the necessary action(s) to be taken thereon) affecting blind and visually impaired people.
Given the foregoing, ACB also recognizes that growth in Membership, which is vital for any organization to thrive, is basically a local enterprise, which, at best, can be supported by national initiatives. Such an endeavor is exemplified by the establishment, in ACB's formative years, of special interest affiliates, in order to attract persons who might otherwise have chosen not to become members. A significant number of the organization's members, including many of its leaders over the last two decades, initially became part of the ACB family through participation in special interest affiliates.
It is especially vital that the national organization assists all affiliates in recruiting students, persons over the age of 55 and blind and visually impaired people who are employed and successfully integrated in their communities to join the American Council of the Blind. If the membership represents the "life-blood" of ACB, then everything possible must be done to maintain the vitality of that life-blood and to infuse the organization with new life-blood on a regular basis.
A. Expectations of the National Organization;
It is expected that the national organization will:
1. Provide guidance to affiliates designed to assist in their recruitment and retention efforts;
2. Verify, upon request of the affiliate, membership information;
3. Offer non-binding advice and assistance in membership disputes between affiliates;
4. Supply to affiliates the names of those who have made inquiries regarding local service which might enhance membership development activities;
5. Consult with affiliates regarding membership issues either on a case-by-case basis, or in general terms, as a means of providing learning opportunities for affiliates;
6. Forward affiliate membership information in a timely manner and explore making such information available in accessible formats. (See note under 6.B.)
B. Expectations of Affiliates:
It is expected that each state and special interest affiliate will:
1. Make clear efforts to promote the national ACB agenda in membership activities, enabling new and old members to recognize and appreciate the voice they have, the role they play and the necessity of their input on Board-generated issues of concern to the entire blind community;
2. Ensure that the affiliate is consistent with and promotes ACB policy, minimizing to the extent possible, areas of dissent;
3. Instill in its membership the reality that their voice is stronger when combined with many others and that to promote harmony, which creates strength, they must on occasion be willing to waive their particular interest in favor of the welfare of the organization as a whole;
4. Minimize damage when pursuing goals not in concert with general ACB policy by taking steps to distance ACB from such issues whenever possible;
5. Educate its membership regarding the legal restrictions by which ACB and all other entities enjoy corporate status and to which all ACB affiliates must adhere;
6. Verify, in a timely manner, the affiliate membership record as provided by the National Office.
(Note): Affiliate membership accounting and recording standards are set forth in Bylaw 2.B. which states in part. "To facilitate the updating of voting membership records, a computer print-out of each affiliate's membership record shall be sent annually to that affiliate. The affiliate shall verify the list and make appropriate additions, deletions, and/or corrections. The affiliate shall deposit the updated membership information, accompanied by its annual dues, in the United States mail, on or before March 15th. Accounting for an affiliate's membership should be predicated on paid annual dues either fiscal or calendar year with appropriate documentation (i.e., a roster containing the names of those individuals who have paid dues to the organization and updated at least yearly)."
Overview:
Each affiliate within the American Council of the Blind is
expected to manage its finances independently; provided that it
does so in compliance with applicable state and federal law,
adheres to the parameters set forth in this Section, and meets
its fiduciary obligations.
Since the organization is a charitable entity whose mission is "to increase the independence, security, equality of opportunity and quality of life for all blind and visually impaired people," each state and special interest affiliate will conduct its fund-raising activities in an ethical manner and avoid fund-raising ideas or practices demeaning either to ACB in particular or to people who are blind or visually impaired in general.
A. Expectations of the National Organization:
It is expected that the national organization will:
1. Avoid competing directly in fund-raising activities with any ACB state or special interest affiliate as provided in B-1. below;
2. Provide, upon request, advice and guidance in the principles of financial management and fund-raising techniques except that ACB cannot and will not provide tax or legal advice regarding compliance with applicable law, other than through persons appropriately licensed by the pertinent body of jurisdiction(s);
3. Offer financial assistance or oversight in times of financial distress provided that such assistance/oversight is:
- requested by the affiliate,
- made in compliance with that affiliate's Constitution and/or Bylaws, and approved by the ACB Board of Directors;
4. Make such assistance/oversight available to all affiliates on an equal basis, subject to any special criteria and/or financial limitations established by the Board.
(Note): The Executive Director is empowered to determine the existence of financial need and to disperse the assistance within these criteria. Decisions of the Executive Director under this provision may be appealed to the ACB Board of Directors,
B. Expectations of Affiliates:
It is expected that each state and special interest affiliate will:
1. Avoid competing directly in fund-raising activities with the national organization and/or any ACB state or special interest affiliate provided that:
- all such activities must be conducted in compliance with applicable laws,
- no affiliate may obligate ACB financially without the written consent of the ACB Board of Directors, and
- good faith negotiations are conducted with ACB for the purposes of economic consideration granted thereto whenever ACB can demonstrate it had to forego its own opportunity which otherwise would have existed;
2. Establish instruments which are either useful or necessary for conducting legitimate business activities such as those required by applicable law including, but not limited to:
- having a consistent address which serves to receive correspondence,
- obtaining state and federal tax exempt status,
- utilizing federal employer identification number (if applicable), and
- maintaining financial accounts, and/or preserving organizational records (e.g., Constitution, Articles of Incorporation, binding resolutions) along with other legally required documentation;
3. Manage its finances honestly and in compliance with Generally Accepted Accounting Principles;
4. Assess its revenues periodically with a view toward what financial support it might provide ACB,
Overview:
As a membership organization, the American Council of the
Blind recognizes the importance of encouraging and developing
new, dynamic leadership from among its ranks. Each state and
special interest affiliate, as well as the national organization, has
an obligation to seek out and train those persons willing to
devote the time and energy required to assume leadership
positions on the local, state and/or national level. One of ACB's
strengths is its "inclusiveness"; that is, the organization's
willingness to embrace people holding a variety of ideas and
opinions on blindness-related issues. It stands to reason,
therefore, that ACB's leaders should reflect this diversity of
thought and experience.
A. Expectations of the National organization:
It is expected that the national organization will:
1. Offer assistance in such areas as general leadership, human relations skills, Board and organizational development, sound business practices, public relations, or other relevant training;
2. Provide such assistance in the form of advice, guidance, literature or other training materials, or training seminars conducted by competent, experienced, and considerate instructors at national conventions and regional events;
Recognize and give awards for:
- developing effective leaders, and
- sponsoring, participating in and supporting leadership training events and opportunities.
B. Expectations of Affiliates:
It is expected that each state and special interest affiliate will.
1. Develop and select its own leadership;
2. Encourage its members to strive for and attain competent leadership skills which will lead to greater responsibility for the member and the affiliate;
3. Utilize and disseminate to affiliate members information about leadership resources, training events and/or opportunities;
4. Support development of leadership resources as well as leadership training events and opportunities in its state, region or area of interest;
5. Notify the national organization regarding members who have demonstrated leadership ability or who may have some interest in becoming more active in the national organization.
(rev 02/00)
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