FMHCA Bylaws- 2023 Edit

2022 BYLAWS of the Florida Mental Health Counselors Association a Florida not-for-profit corporation.

Mission: The mission of the Florida Mental Health Counselors Association (FMHCA) is to advance the profession of clinical mental health counseling through intentional and strengthbased advocacy, networking, professional development, legislative efforts, public education, and the promotion of positive mental health for our communities.

ARTICLE I: NAME and PURPOSE

Section 1. Name

The name of the Association shall be the Florida Mental Health Counselors Association, abbreviated FMHCA, and known herein as the Association. The name shall be applied to all activities of the Association and shall not be used without the approval of the membership as represented by the Board of Directors. FMHCA is incorporated in Florida as a 501(c)(6) corporation.

Section 2. Affiliation

This association is a State Affiliate of the American Mental Health Counselors Association (AMHCA) and is recognized by AMHCA as the association to represent mental health counselors in Florida, consistent with the Purposes as set forth in Article I, Section 3. Both AMHCA and FMHCA are independent and autonomous professional associations.

Section 3. Purposes

The purposes of the Association shall be to:

a) promote the profession of mental health counseling;

b) provide a system for the exchange of professional information among mental health counselors through a magazine, webinars, social media platforms, journals or other scientific, educational and/or professional materials;

c) provide professional development programs for mental health counselors to update and enhance clinical competencies;

d) promote legislation that recognizes and advances the profession of mental health counseling;

e) provide a public forum for mental health counselors to advocate for the social and emotional welfare of clients;

f) promote positive relations with mental health counselors and other mental health practitioners in all work settings to enhance the profession of mental health counseling;

g) contribute to the establishment and maintenance of minimal training standards for mental health counselors;

h) provide an Annual Conference to promote fellowship and provide continuing education;

i) promote scientific research and inquiry into mental health concerns;

j) provide liaison on the state level with other professional organizations to promote the advancement of the mental health profession;

k) promote the utilization of empirical or scientific foundation for the selection of mental health counseling techniques, procedures or psychotherapies;

l) contribute to the reduction of client harm by encouraging mental health counselors to explain the potential risk and ethical considerations of using "unproven" or "developing" techniques or psychotherapy procedures with no scientific bases;

m) introducing to mental health counselors upcoming new or "developing" techniques or psychotherapy procedures; Page 3

Adopted: July 18, 1998

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

n) contribute to the understanding of individuals from different cultural backgrounds within our diverse society by considering dimensions such as culture, ethnicity, nationality, age, gender, sexual orientation, mental and physical characteristics, education, family values, religious and spiritual values, socioeconomic status and unique characteristics of individuals, couples, families, ethnic groups and communities;

o) provide the public with information concerning the competencies and professional services of mental health counselors;

p) promote equitable licensure standards for mental health counselors through the state legislature; and to address institutional and social barriers that impede access, equity and success for clients through ongoing advocacy efforts;

q) affiliate with the American Mental Health Counselors association to support the counseling profession.

ARTICLE II: ADOPTION & RATIFICATION, AMENDMENT and PUBLICATION OF BYLAWS

Section 1. Adoption and Ratification

The original Bylaws and subsequent versions were adopted by the Board of Directors effective July 1, 1998, and were subject to ratification by the membership at the first Annual Meeting of the Membership subsequent to that date. These Bylaws, revised and approved by the Board of Directors, are effective February 5, 2023, subject to ratification by the membership.

a) Effective Date of Bylaws Amendments. At the time of the adoption of an amendment to the bylaws, the board of directors must specify that the amendment is effective either immediately or at the beginning of the next fiscal year.

Section 2. Amendment

a) Vote by the board. Proposals for changes in the bylaws may be made by the Bylaws Committee and recommended to the Board of Directors for Board approval and/or the Board may make proposals for changes in the bylaws at any scheduled Board meeting. At the next Board meeting, the proposed changes will be voted on for recommendation to the general membership. Recommendations, if passed. and the date they will go into effect will be sent to the voting membership for ratification. Advance notice to members of proposed bylaws changes will be made at least thirty (30) days prior to the vote date by publication on FMHCA social media accounts, in the FMHCA Magazine, and/or by email. Such notice need only contain a general statement of the purport of the proposed amendment(s). Bylaws may be amended by a simple majority vote of the members present at a membership meeting.

Section 3. Publication

The Bylaws of the Association will be published in their entirety every four years, beginning with their promulgation (July 1, 1998). All amendments adopted by the Association will be printed and distributed to the membership upon adoption.

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Adopted: July 18, 1998

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

Section 4. Continuity

The Secretary of the Association and FMHCA office will be responsible for maintaining an official copy of these Bylaws and amendments thereto and for passing same to his/her successor.

ARTICLE III: MEMBERSHIP

Section 1. Types

There are six types of membership: Fellow; Clinical, Registered, Affiliate, Student, Retired and Agency.

a) Fellow. Criteria: A clinical member who has made conspicuous and outstanding contributions to the counseling profession in treatment, research, education, and/or leadership. All past presidents shall become Fellows immediately on completion of their presidency.

b) Clinical. Criteria: Master's degree or higher in counseling or a related field covering the basic principles of mental health counseling from a regionally accredited institution. Primary work is in direct delivery of counseling services. Holds a Florida state license.

c) Registered. Criteria: Registered Mental Health Counselor Interns holding a Master's degree or higher in counseling or a related field covering the basic principles of mental health counseling from a regionally accredited institution.

d) Affiliate. Criteria: A member who is licensed in a related profession or who has made conspicuous and outstanding contributions to the counseling profession and has an interest in the work of Licensed Mental Health Counselors.

e) Student. Criteria: A member who is currently enrolled as a part-time or full-time graduate student in a counseling or related field program at an accredited institution of higher education and is not currently eligible for Clinical or Registered membership.

i. Eligibility. Any student enrolled in an accredited graduate program for half time or more in the areas of human development shall be eligible to become a student member of the association for a three-year period. Exceptions of the three-year time limit can be made upon receipt of additional verification from the student’s major advisor. The eligibility terms of this Section 1e shall only apply to Student members.

ii. Student members may vote at membership meetings: they will not be eligible to hold office in the Association.

f) Retired. Criteria: A member who is or was at some time licensed and is currently retired from the field of counseling.

Adopted: July 18, 1998

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

Page 5

Section 2. Agency Membership Breakdown

Section 3. Dues

Annual Association dues for members shall be established by action of the board of directors and shall be collected by the Association on the annual anniversary date of each member's admission to the Association.

Section 4. Rights and Privileges

Fellow, Clinical, Registered, Student and Retired members shall possess voting rights and the privilege of election to any office. Affiliate members do not possess these rights and privileges. These rights and privileges shall be withdrawn if the member does not pay the Association dues or is found responsible for any conduct that is damaging to the Association and its members or to the counseling profession.

Section 5.

Resignation

Any member may resign from the Association by giving written notice to the President or Executive Director of the Association. Any member resigning from the Association shall continue to be responsible for and shall pay all dues and charges accrued on or before the date of resignation.

Section 6. Termination Of Membership

Membership in the Association may be terminated for cause such as:

a) nonpayment of dues,

b) falsely documenting that membership qualifications have been met;

c) having been disciplined by the 491 board, or

d) by action of the ethics committee and board of directors. Expulsion shall be by a majority vote of the entire Board of Directors at any meeting at which a quorum is present, provided that a statement of the charges shall have been made by certified mail to the last recorded address of the member at least fifteen (15) days before final action is taken. This statement shall be accompanied by a notice of the time and place of the meeting of the Board of Directors at which the charges shall be considered. Any member under Board review for expulsion from the Association shall be given the opportunity to have a hearing before the Board of Directors, at which hearing they shall be permitted to present evidence in their behalf through witnesses or otherwise and shall be given the opportunity to confront witnesses against them. The vote of the Board of Directors as to

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Adopted: July 18, 1998

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

Number of Employees Cost Discount Agency Membership 1-10 $70-700 30% $210.00 11-25 $776-1750 30% $1225.00 26-50 $1820-3500 30% $1050.00 51-75 $3570-5250 30% $3675.00 76-100 $5320-7000 30% $4900.00

whether or not to expel such member after considering any evidence presented at the hearing, shall be final.

ARTICLE IV: OFFICERS

Section 1. Officers

The officers of the board shall consist of a President, President-Elect, Past-President, Secretary Treasurer and four Regional Directors. All officers listed here are recognized as voting officers, each carrying one vote. The parliamentarian is a nonvoting member of the Board of Directors.

a) All officers of the association shall be elected from among clinical and retired members of the association.

b) In the event that the president should resign or be unable to complete his/her own term, the Board of Directors shall appoint a qualified board member to fill the vacancy. The Board shall vote on the approval of the appointment. Said appointment vote must be unanimous to become effective.

c) The president-elect shall automatically become the president of the association after the commencement of his/her term of office as president-elect, or upon the death or resignation of the president. In the event that the president-elect should resign or be unable to complete his/her own term, the president shall appoint a board member to fill the vacancy. The Board shall vote on the approval of the appointment. Said appointment vote must be unanimous to become effective.

d) The immediate past-president shall serve as a member of the Board of Directors for one year following expiration of his/her presidential term.

e) An elected officer shall not be a candidate to succeed him/herself in the same office, except if they are nominated and elected for said position and/or that a president-elect succeeding to the office of the president shall serve his/her full term as president in addition to serving whatever may remain of the unexpired term of the resigned or deceased president. In the event a duly qualified candidate is not available, an elected officer may succeed him/herself.

f) The term of office for any elected officer shall begin on January1, and shall continue for the term of officer requirement: Refer to section 4 Session below.

Section 2. Nominations

The FMHCA office shall solicit nominations from those currently serving on the board, obtain acceptance from the nominees, ensure that they are in good standing, and present the list of nominees to the members at least 15 days prior to the date set for election of officers, at the monthly board meeting.

Section 3. Election

The election of Officers may take place annually, or as necessary to fill open positions. In the event that, only one nominee is presented to the board for an officer position, that nominee shall nonetheless be subject to a vote of approval by the members at the annual meeting. Page 7

Adopted: July 18, 1998

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

Section 4. Terms of Officers

 President-2-year term

 President Elect: 2-year term

 Past-President:2-year term

 Secretary: 2-year term

 Treasure: 2-year term

 Northwest Region Director: - 2-year term

 Northeast Region Director: - 2-year term

 Southwest Region Director: - 2-year term

 Southeast Region Director: - 2-year term

Section 5. Duties of Officers

a) Duties of the President: The president shall be a fully licensed clinician. It shall be the duty of the President to preside at all meetings of the board members and to supervise the association’s affairs between meetings of the board. The President shall be responsible to appoint all committee chairpersons and approve committee assignments. The president shall also serve as an ex-officio member of all committees and shall be notified of all meetings. In the absence of the president or if the president is unable to act, another Board member shall perform the duties of the president, agreed upon by majority vote of the Board. When so acting, the interim president shall have all the powers of and be subject to all the restrictions upon the president.

b) Duties of the President-Elect: In the absence of the President or if the President is unable to act, the President-Elect shall perform the duties of the President. When so acting, the President-Elect shall have all the powers of and be subject to all the restrictions upon the president. The President-Elect shall prepare to assume the presidency by becoming familiar with the duties and responsibilities of the Association and by assisting the President in the performance of his or her duties. The President-Elect shall succeed to the Presidency upon the expiration of his or her term as President-Elect.

c) Duties of the Past-President: The president shall become Past-President upon the expiration of his or her term as president.

d) Duties of the Secretary. The secretary shall keep the records of the current activities of the association and its board members, shall issue all notices of meetings in compliance with these bylaws or as required by law, and shall be custodian of the association’s corporate records in tandem with the FMHCA Office.

e) Duties of the Treasurer. The Treasurer's name will be on FMHCA's bank account. The Treasurer will be given the use of Treasurer@FLMHCA.org as long as they hold the office of Treasurer and will be copied on all correspondence related to financial matters and shall provide oversight of the financial matters of FMHCA. In the unlikely event a new accounting firm needs to be retained, the Treasurer will assist in that process.

f) Duties of the Regional Directors. The regional directors are to be the voice on the regional level for FMHCA concerning all of the association activities for its membership including: Chapter Relations and Chapter Formation, Membership, Education, Conferences, Legislation and Ethics. They are to encourage members in their respective Page 8

Adopted: July 18, 1998

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

Regional District to fully engage in the Membership, Committees , Conference Attendance and Legislative activities of FMHCA so that the entire state has its voice in the policies, procedures and activities of the FMHCA. Regional Directors will be allowed to form their own committees. Their committee members do not need to be approved by the FMHCA Board of Directors. The Committee members will fulfill roles or tasks given to them by the Regional Director.

g) Executive Director. The Executive Director and/or other staff as deemed necessary by the Board of Directors. The Executive Director shall be, in all actions, responsible to serve at the Board of Directors meetings as a non-voting member. The Executive Director and staff shall receive and disburse funds in accordance with the budget requirements and as specified by Association. The Executive Director shall ensure that monthly treasury reports are provided to the Treasurer and the President. The administrative functions of the Association shall be performed by the Executive Director and staff as deemed necessary by the Board of Directors. This position will be a salaried staff position, employed by and directly responsible to the President and the Board of Directors of the Association. The Executive Director operating within the policies of the Board of Directors will be responsible for the general operation of the central office and Association activities, employment and termination of staff as necessary to effectively carry out the work of the Association, and any other duties which may be prescribed by the President and/or Board of Directors.

Section 6. Functions of Officers

Functions: The functions of the Board of Directors include:

a) conducting, managing, and controlling the business of the association through the adoption of policies and programs;

b) acting on the reports of committees, task forces, networks, coordinators and others responsible to the board;

c) review the job descriptions and evaluate the job performances of the executive office on an annual basis;

d) approve contracts prepared by the executive office;

e) granting or denying charters of new local chapters;

f) leading lobbying efforts;

g) revoking local chapter charters for non-compliance with FMHCA bylaws;

h) implementing annual leadership training activities at the state or local level;

i) exercising such other functions as may be necessary or desirable in the best interests of the association while not in conflict with the FMHCA bylaws.

Section 7. Appointment of the Additional Board Members

The board may create additional positions as deemed necessary to facilitate the mission of the board. These persons are employees of the board. The board can also decide if such persons are or are not members of the board and therefore do or do not have voting rights.

Section 8. Removal from Office

Adopted: July 18, 1998

Page 9

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

An officer may be removed at any time, with or without cause, by an affirmative vote of twothirds or more of the entirety of the board members then in office at a duly constituted meeting of the Board.

a) Potential reasons for removal from office are:

1. violation of professional, legal or ethical codes;

2. failure to carry out duties/responsibilities of office, or

3. failure to act in accordance with the established legislative platform or purposes of FMHCA.

b) The procedure for removing an officer from his/her position will be established by policy.

1. A member of the Association must initiate the process of removal from office in writing.

2. Two additional letters from members of the board supporting removal from office must accompany the initial charge.

3. Ethical violations must be dealt with according to procedures detailed in policy relating to such matters as set forth by the Ethics Policy as established in 2020.

Section 9. Officer Vacancies.

Vacancies in any of the offices occurring between annual elections shall by filled by nomination and election by the remaining members of the Board.

Section 10. Board Meetings

The current and incoming Board of Directors shall meet at the Annual Conference. Thereafter the Board of Directors shall meet monthly on a regularly schedule. There may also be special meetings called by the president or by two officers of the Board. Except as otherwise specified in these by laws, meetings of the Board shall be conducted through use of internet meeting services designated by the Board. These electronic meetings of the Board shall be subject to all the rules adopted by the Board, or by the Society, to govern them, which may include any reasonable limitations on, and requirements for, Board members participation. Any such rules adopted by the board shall supersede any conflicting rules in the parliamentary authority but may not otherwise conflict with or alter any rule or decision of the Society. An anonymous vote conducted through the designated Internet meeting service shall be deemed a ballot vote, fulfilling any requirement in the bylaws or rules that a vote be conducted by ballot.

a) Regular meetings. The Board shall set scheduled meetings to conduct the business of the Association. The time, date, and place of the next meeting shall be included in the minutes of each meeting and shall be posted in the Board Member Forum.

b) Special meetings. Notice of the date, time and place of any special meeting of the Board of Directors shall be given at least forty-eight (48) hours prior to the meeting. Notice shall be communicated in person, by telephone, e-mail, mail, private carrier, or other form of communication. Notice of any regular or special meeting need not describe the purpose of the meeting unless required by law.

c) The Annual Membership Meeting. A meeting of the membership will take place annually. The agenda for such meeting will include a review of the Association activities and accomplishments in the past year, financial report, legislative activities and Page 10

Adopted: July 18, 1998

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

ratification of any bylaws changes previously approved by the Board of Directors. The Annual Membership Meeting will be called to order at the Annual Conference when held, otherwise by electronic media. A quorum at the Annual Membership Meeting will be the members present. Notice of the date and time and method of attending the annual meeting will be sent to all members by email where possible, otherwise by notice in FMHCA’s magazine.

d) Quorum/Authority Requirements. Any actions to be taken by the board (including adoption of new policies, actions involving any member(s) of the Board of Directors or any Association officers, e.g., President, Vice President, Executive Director, etc.), require that a quorum of no less than a majority of the entire Board of Directors must first be present at any special meeting in order for such policies or actions to be proposed, discussed, voted upon and passed by the Board of Directors. Any such actions against Board Member(s) or Association officer(s) shall only be passed upon majority vote of such a quorum.

e) Voting by the Membership: Given that FMHCA members are located throughout the State of Florida and FMHCA holds one state-wide convention per year, the need may arise where FMHCA needs its membership to vote on an issue. FMHCA relies on electronic voting to fulfill this need. An issue, resolution, or action requiring a vote of the membership will be conducted via electronic means. The issue, resolution, or action may be approved by a simple majority of those members who respond to the electronic survey. The membership will have 7 days to vote on the issue. At the end of 7 days, the voting will be concluded and tabulated. The outcome will be made known to the membership.

ARTICLE V: LOCAL CHAPTERS

Section 1. Organization of Local Chapters

The Association encourages the development of local Chapters to promote local interest and participation in the profession. New chapters may be accepted by the Board of Directors upon meeting the following criteria:

a) the group must consist of at least 12 members;

b) there may be no more than one FMHCA local Chapter in any given geographical area.

c) the local Chapter will organize in accordance with the Bylaws of FMHCA and develop their own Chapter bylaws to reflect local operations and structure;

d) they will assure that their chapter is in compliance with applicable FMHCA Bylaws concerning local Chapters;

e) all officers of the Local Chapter will be members in good standing of FMHCA;

f) charter status is awarded to the local Chapter by the FMHCA Board of Directors;

g) the local Chapter will be free to conduct its affairs at the local level in compliance with the Bylaws of the Association, and

h) local Chapters must present the Chapter’s Bylaws to the FMHCA Board of Directors for approval to become an official Chapter of FMHCA.

Adopted: July 18, 1998

Page 11

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

Section 2. Florida Regional Districts:

a) Northwest Regional District: which includes all FMHCA Local Chapters (Emerald Coast Mental Health Counselors Association) in the following sub-districts counties and areas in the Northwest Region of Florida

1. Emerald Coast: Counties of Bay, Escambia, Okaloosa, Santa Rosa, and Walton

2. Big Bend: Counties of Franklin, Gadsden, Gulf, Jefferson, Leon, Liberty, Madison, Taylor, and Wakulla,

b) Northeast Regional District: which includes all FMHCA Local Chapters (Mental Health Counselors Association of Central Florida & Northeast Florida Mental Health Counselors Association) in the following sub-districts and counties:

1. North Central: Counties of Alachua, Bradford, Columbia, Gilchrist, Hamilton, Lafayette, Madison, Marion, Putnam, Suwannee and Union

2. First Coast: Counties of Baker, Clay, Duval, Flagler, Nassau, Putnam and St. Johns

3. Central Florida: Counties of Lake, Orange, Osceola and Seminole

c) Southwest Regional District: which includes all FMHCA Local Chapters (Gulf Coast Mental Health Counselors Association & Suncoast Mental Health Counselors Association) in the following sub-districts counties:

1. Southwest: Counties of Charlotte, Collier, Glades, Hendry and Lee

2. Suncoast: Counties of DeSoto, Hardee, Hillsborough, Manatee, Pinellas, Polk and Sarasota

3. Nature Coast: Counties of Citrus, Dixie, Hernando, Jefferson, Pasco and Levy

d) Southeast Regional District: which includes all FMHCA Local Chapters (Broward Mental Health Counselors Association & Dade-Miami Mental Health Counselors Association & Mental Health Counselors Association of Palm Beach County & Space Coast Mental Health Counselors Association) in the following sub-districts counties:

1. Space Coast: Counties of Brevard, Indian River, Martin, Okeechobee, St Lucie and Volusia,

2. Gold Coast: Counties of Broward, Dade, Highlands, Martin, Monroe and Palm Beach

Section 3. Local Chapter Reports

Each local Chapter will submit a written report annually by December 15th to the FMHCA office to include but not limited to:

a) local state chapter information;

b) chapter logo;

c) website information;

d) social media information;

e) bylaws changes;

f) local state chapter board member roster;

g) amount of members;

h) answers to outreach questions;

i) answers to support questions and

j) a summary of chapter activities during the past year. Page 12

Adopted: July 18, 1998

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

Section 4. Charter Renewal Standards

Standards for charter renewal reflect the sound organization and development necessary for a Local Chapter of FMHCA. The FMHCA office will make recommendations annually to the FMHCA Board of Directors concerning charter renewal for each Local Chapter. Standards and Procedures for Charter Renewal will be established by policy in accordance with the Bylaws.

Section 5. Involuntary Revocation of Chapter

The Board of Directors will have the power to revoke the charter of a Local Chapter when it is deemed in the best interests of the Association to do so. Procedures for revoking the charter of a local chapter will be established by policy.

ARTICLE VI: STANDING and SPECIAL COMMITTEES

Section 1. Creation and Authority.

Committees may be created as necessary and assigned duties by the board. The president shall appoint the chairpersons of the committees and the other committee members, taking into account their particular expertise and interests. Committee members need not, unless the board or bylaws require it, be board members, but to the extent possible the chairpersons of committees shall be board members. Committee members may be removed by the president. Committees shall act in accordance with these bylaws or pursuant to specific authority granted by the resolution of the board.

Except as otherwise specified in these by laws, meetings of the Board shall be conducted through use of internet meeting services designated by the Board. These electronic meetings of the Board shall be subject to all the rules adopted by the Board, or by the Society, to govern them, which may include any reasonable limitations on, and requirements for, Board members participation. Any such rules adopted by the board shall supersede any conflicting rules in the parliamentary authority but may not otherwise conflict with or alter any rule or decision of the Society. An anonymous vote conducted through the designated Internet meeting service shall be deemed a ballot vote, fulfilling any requirement in the bylaws or rules that a vote be conducted by ballot.

Section 2. Standing Committees. There shall be standing committees which may consist of the Ethics Committee and Bylaws Committee.

a) Ethics Committee: Ethics Committee will receive and review requests from Association members relating to the ethical conduct of Association members or officers, ethics consults and any other issue of an ethical nature that may come before the Association. It will make any recommendation for action to the Board of Directors. The policy and procedure for the reception and review of requests from Association members relating to the ethical conduct of Association members or officers, ethics consults and any other issue of an ethical nature is set forth in the FMHCA Ethics policy. Any and all grievance processes are set forth in the FMHCA Ethics policy.

Adopted: July 18, 1998

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Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

b) Bylaws Committee: will receive and review proposals for amending the Bylaws and resolutions submitted by members and various components of the Association. The committee will make recommendations to the Board for revising the Bylaws as deemed appropriate. The Bylaws committee in tandem with the FMHCA office will cause the Bylaws to be published and distributed to the membership every four years.

Section 3. Special Committees.

The Bylaws establish Special Committees in these Bylaws in order to facilitate the professional development and best interest of Association members as well as other goals and purposes of the Association in the mental health counseling profession. Each committee will report to the FMHCA office quarterly in writing of activities, meetings held and progress of the committee; outcomes will be published in the FMHCA magazine.

a) Chapter Relations Committee: The Chapter Relations Committee advertises association events and works closely with all committee Chairpersons to relay their interest and concerns to the public as appropriate. It helps promote understanding and positioning of mental health counseling to the public, third party payers, employers and other professionals. This committee is also interested in promoting the profession through the exchange of professional information among mental health counselors through newsletters, journals or other scientific, educational and/or professional materials.

b) Cross-Cultural Committee: The Cross-Cultural Committee will promote awareness, advocacy and an appreciation for the diversity and inclusion represented at FMHCA by creating subcommittees to represent diverse groups of individuals. The goal of the CrossCultural Committee and its subcommittees is to shape initiatives, promote mental health awareness, and work to build a stronger, more welcoming, and inclusive community.

c) Registered Intern & Graduate Student Committee: The Registered Intern & Graduate Student Committee will actively promote FMHCA membership among students enrolled in mental health counseling programs in Florida colleges and universities. It is also committed to increasing FMHCA’s services to graduate students and interns and assisting them as they begin their careers as Licensed Mental Health Counselors.

d) Government Relations Committee: The Government Relations Committee is responsible for advocating and implementing the FMHCA legislative platform. Issues impacting the profession of mental health counseling at the state level will be addressed by FMHCA, including issues involving legislation, agency regulation and encroachment by other entities on the practice of mental health counseling. The Government Relations Committee represents FMHCA regularly at 491 Board meetings. The committee also informs and enlists support from members as to pertinent legislative issues and positions beneficial to the membership.

e) Military Committee: The Military Services Committee will direct the attention of FMHCA members to the needs of veterans, their families, and other military personnel, especially those who's active duty included service in combat zones. The committee will also provide members with information on government programs that provide opportunities for service to this population.

Adopted: July 18, 1998

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Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

Section 4. Committee Vacancies.

Vacancies on a committee shall be filled by the person or body authorized to appoint members of the committee

Section 5. Special Ad Hoc Committees

Special Ad Hoc Committees, task forces, and/or study groups may be formed from time to time for special assignments. When so created, members of such committee(s) shall be appointed by the President, and the said committee(s) shall end upon completion of the assignment or by majority vote of the Board of Directors at any time. All Ad Hoc Committee Chairs may serve for more than one (1) yearly term, if reappointed by succeeding Presidents.

Section 6. Regional Committees

ARTICLE VII: BUDGETING AND FINANCES

Section 1. Fiscal Year.

The fiscal year shall run from January 1 to December 31.

Section 2. Annual Budget.

An annual budget for conducting the normal business of the association shall be prepared and voted on by the board members

Section 3. Financial Statement.

Monthly financial statements shall be prepared and made available to the Board of Directors.

Section 4. Deposits and Disbursements.

The monies of the association shall be deposited in the name of the association in such financial institutions the board members shall designate and shall be drawn out only by such manner as may be specified by resolution of the board.

Section 5. Books & Records.

The association shall keep complete books of account in accordance with books and records. The association shall keep complete books of account in accordance with generally accepted accounting principles, shall keep minutes of the proceedings of its board meetings, and shall keep a record listing the names and addresses of the members of the board. All business books and records may be inspected by any board member, or his or her agent or attorney, for any proper purpose at any reasonable time.

Section 6. Annual Financial Statement.

An annual financial statement of the association shall be made within one hundred eighty (180) days of the end of each fiscal year of the association by an accountant approved by the board.

Page 15

Adopted: July 18, 1998

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

Section 7. Dissolution.

Upon dissolution of the association, the assets shall be distributed to the American Mental Health Counselors Association, 801 North Fairfax Street, Suite 304, Alexandria, Virginia 22314

ARTICLE VIII: PUBLIC POLICY

Section 1. Lobbying

The Association shall promote mental health issues and professional counseling legislation by informing members of the state legislature on issues that affect mental health care, the status of Licensed Mental Health Counselors as mental health providers, and the legal scope of practice of Licensed Mental Health Counselors. To this end, the Board of Directors shall establish a fund to promote and represent the interests of the Association in the state legislative process.

Section 2. Political Action Committee Fund

The Association may engage in political activities, but the Association shall also continue to promote the counseling profession through the activities of a Political Action Committee established by a separate segregated fund.

ARTICLE

IX:

INDEMNIFICATION OF OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS

Section 1. Indemnification

The Association shall indemnify its officers, directors, employees and agents to the greatest extend permitted by law. The Association shall have power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the Association or who is or was serving at the request of the Association as an officer, employee or agent of another association, partnership, joint venture, trust, other enterprise, or employee benefit plan, against any liability asserted against such person and incurred by such person in any such capacity or arising out of any status as such whether or not the Association would have the power to indemnity such person against such liability under the provisions of this Article.

ARTICLE X: PROPERTY

All property of the Association shall be subject to the control and management of the Board of Directors. Upon dissolution of the Association, none of its property shall be distributed to any of the members, and all of such property shall be transferred to such other organization or organizations as the Board of Officers determines to have purposes and activities most nearly consonant to those of the Association, provided that such other organization or organizations shall be exempt under Section 501(c)(3) of the Internal Revenue Code or corresponding provision of the Internal Revenue Laws.

ARTICLE XI: ETHICS

Adopted: July 18, 1998

Page 16

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

Section 1. Applicable Standards

The Ethical Standards published by the American Mental Health Counselors Association (AMHCA) as they may from time to time be revised, are adopted as the ethical standards of FMHCA. In any instance where Florida State and/or federal law and the referenced ethical standards of AMHCA conflict, the higher or more stringent standard will apply. AMHCA's Standards of Ethics are the minimum standards of professional conduct and behavior for practicing counselors and therapists. All members are expected to familiarize themselves with these standards. The FMHCA Ethics Policy is strongly tied to these ethical standards and the ethics consults policies and procedures are designed to integrate with and reinforce the application of the AMHCA Code of Ethics.

ARTICLE XII: NON-DISCRIMINATION POLICY

Section 1. Policy

It shall be the operational policy of this Association not to discriminate against any person on the basis of age, disability, race, color, religion, creed, sex, or sexual orientation in the operation of its programs in employment, in election of directors and officers, or in any other aspect of its affairs.

ARTICLE XIII: RULES AND PROCEDURES

Section 1. Parliamentary Authority

The rules contained in the most recent revision of Robert’s Rules of Order shall govern the meetings of the member and the Board of Directors and in all cases where such rules are not inconsistent with law, the Articles of Incorporation, or the Bylaws. Page 17

Adopted: July 18, 1998

Revised: January 29th, 2004; January 1, 2009; February 10, 2012; January 8, 2014; May 17, 2014; September 10, 2014; June 8, 2015 & February 5, 2022

Current Revision: ________ 2022

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TABLE OF CONTENTS

ARTICLE I: NAME and PURPOSE

Section 1. Name

Section 2. Affiliation

Section 3. Purposes

ARTICLE II: ADOPTION & RATIFICATION, AMENDMENT and PUBLICATION OF BYLAWS

Section 1. Adoption and Ratification

Section 2. Amendment

Section 3. Publication

Section 4. Continuity

ARTICLE III: MEMBERSHIP

Section 1. Types

Section 2. Agency Membership Breakdown

Resignation

Section 6. Termination Of Membership

ARTICLE IV: OFFICERS

Section 1. Officers

Section 2. Nominations

Section 3. Election

Section 4. Terms of Officers

Section 5. Duties of Officers

Section 6. Functions of Officers

Section 7. Appointment of the Additional Board Members

Section 8. Removal from Office

Section 9. Officer Vacancies.

Section 10. Board Meetings

ARTICLE V: LOCAL CHAPTERS

Section 1. Organization of Local Chapters

Section 2. Florida Regional Districts:

Section 3. Local Chapter Reports

ARTICLE VI: STANDING and SPECIAL COMMITTEES

Section 3. Special Committees.

ARTICLE

INDEMNIFICATION OF OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS

ARTICLE X: PROPERTY

Section 1. Applicable Standards

ARTICLE XII: NON-DISCRIMINATION POLICY

ARTICLE XIII: RULES AND PROCEDURES