2010‐2011 Chapter Handbook
NATIONAL BLACK LAW STUDENTS ASSOCIATION
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Table of Contents INTRODUCTION...................................................................................................................................................4 ABOUT NBLSA .....................................................................................................................................................4 STATEMENT OF PURPOSE .........................................................................................................................................4 NBLSA VISION......................................................................................................................................................5 NBLSA MISSION ...................................................................................................................................................5 NBLSA TAGLINES ..................................................................................................................................................5 NBLSA STRUCTURE ................................................................................................................................................5 NBLSA STRATEGIC PLAN .....................................................................................................................................6 NBLSA PROGRAMS .............................................................................................................................................8 PROGRAMMING OVERVIEW ...................................................................................................................................8 NBLSA’s National Executive Board is responsible for developing clear, sustainable, consensusbased programming. We use categorize programs according to a three-part criteria: ...................8 PROGRAMMING DESCRIPTIONS ..............................................................................................................................9 COMPETITIONS ..............................................................................................................................................9 INDIVIDUAL RECOGNITION PROGRAMS.....................................................................................................9 ACADEMIC + PROFESSIONAL DEVELOPMENT PROGRAMS ....................................................................10 ADVOCACY PROGRAMS...........................................................................................................................10 SERVICE PROGRAMS ..................................................................................................................................11 MEMBERSHIP + COMMUNICATION .................................................................................................................12 KEEPING INFORMED .............................................................................................................................................12 REGIONAL SUPPORT ............................................................................................................................................12 NATIONAL SUPPORT.............................................................................................................................................12 FACTS ABOUT MEMBERSHIP ..................................................................................................................................13 Defining Membership .................................................................................................................................13 Full Membership Privileges .........................................................................................................................13 MEMBERSHIP DUES POLICY & PROCEDURE ............................................................................................................13 Reactivating Membership .........................................................................................................................13 Current Dues Rate: .....................................................................................................................................13 MEMBERSHIP BENEFITS ..........................................................................................................................................14 CHAPTER ORGANIZATION + LEADERSHIP........................................................................................................15 CHAPTER CONSTITUTION & BYLAWS ......................................................................................................................15 CHAPTER AFFILIATION AGREEMENT .......................................................................................................................15 LOCAL LEADERSHIP .............................................................................................................................................15 PARLIAMENTARY PROCEDURE ...............................................................................................................................15 What to say .................................................................................................................................................15 Definitions and General Information ........................................................................................................16 FINANCES..........................................................................................................................................................17 FINANCIAL OVERVIEW .........................................................................................................................................17 FEDERAL TAX STATUS – A PRIMER ..........................................................................................................................18 OBTAINING FEDERAL TAX EXEMPT STATUS...............................................................................................................18 ANNUAL IRS FILING REQUIREMENTS .......................................................................................................................19
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FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN OR EIN OR TIN) .......................................................................19 BUDGETING IN THE SHORT-RUN .............................................................................................................................20 Calculating Expenses.................................................................................................................................20 Performing A Revenue Projections ...........................................................................................................20 PREPARING A BUDGET .........................................................................................................................................20 FUNDRAISING ...................................................................................................................................................21 IDENTIFYING SPONSORS........................................................................................................................................21 SOLICITING SPONSORS .........................................................................................................................................21 NBLSA AND CHAPTER FUNDRAISING ....................................................................................................................21 CHAPTER GRANT PROGRAM............................................................................................................................22 NATIONAL CONVENTION ................................................................................................................................23 CHAPTER VOTING STRENGTH ................................................................................................................................23 PLENARY RULES ...................................................................................................................................................23 Maintenance of Quorum ..........................................................................................................................23 Proxy Rules ...................................................................................................................................................23 Recognition of Speakers............................................................................................................................23 Decorum......................................................................................................................................................24 Debate ........................................................................................................................................................24 Vote..............................................................................................................................................................24 Roll Call Vote...............................................................................................................................................24 Questions and Concerns ...........................................................................................................................24
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Introduction About NBLSA
The National Black Law Students Association (NBLSA) is a 501(c)(3) corporation and the nation’s largest student-run organization representing nearly 6,000 minority law students. Founded in 1968 at New York University School of Law by Algernon Johnson Cooper, NBLSA today has approximately 200 chapters at law schools throughout the country. These chapters represent almost every ABA accredited law school, plus several non-accredited law schools. Chapters are organized into six regions-Western, Mid-Atlantic, Midwest, Northeast, Rocky Mountain, and Southern -that encompass 49 states as well as the Commonwealth of Puerto Rico. Recently, NBLSA has established an international connection with Black law students in Canada, England, South Africa, and the Bahamas who have decided to model their student organizations after NBLSA. NBLSA prides itself on giving law students an opportunity to develop their advocacy, writing, and business skills as they work to promote diversity in legal education and the legal profession.
Statement of Purpose
NBLSA’s purpose, as denoted in our Constitution, focuses on four critical areas. NBLSA exists to: Empower Our Communities
Instill in the Black attorney and law student commitment to the needs of the Black community;
Bring about meaningful legal and political change in the Black community;
Improve Ourselves
Articulate and promote the needs and goals of Black law students;
Foster professional competence;
Change Our Profession
Improve the relationship between Black law students, Black attorneys, and the American legal structure;
Encourage Black law students to pursue careers in the judiciary; and
Ensure Our Lasting Legacy
NBLSA has developed talented,
involved Black attorneys since 1968.
Adopt and implement policies of economic independence.
We use the collective resources of our 200 chapters and their 6,000 members to achieve these aims.
5 NBLSA Vision NBLSA is a global catalyst for the respect, acceptance, and engagement of Black law students in law schools, communities, and the legal profession.
NBLSA Mission NBLSA develops talented, involved diverse attorneys and serves as the leading national advocate for black law students.
NBLSA Taglines/Themes Permanent Tagline. Striving for balance since 1968. 2010-2011 Tagline. A Legacy of Empowerment.
NBLSA Structure National NBLSA is governed by its National Constitution and Bylaws, which are ratified by the NBLSA membership. The NBLSA Constitution establishes a National Executive Board (NEB). The NEB is comprised of both elected and appointed officers and is led by an elected National Chair. The NEB is responsible for upholding NBLSA’s vision and purpose; ensuring NBLSA has adequate resources to fulfill its mission; setting the policies, direction, and priorities of the Association; providing fiduciary oversight; and maintaining and developing highly effective leadership. NBLSA does not employ staff so the NEB, under the direction of the National Chair, also manages and oversees the property,
Chapter Handbook affairs, and day-to-day operations of the Association. In addition to the NEB, the National team also includes National Specialists, technical experts in a given programming area, and NBLSA Fellows, who are members of the College Student Division that have shown incredible leadership potential. Specialists and Fellows are appointed, non-voting members of the National leadership team and are not considered members of the NEB. Regions NBLSA is divided into six geographic regions - MidAtlantic, Midwest, Northeast, Rocky Mountain, Southern, and Western. Regions function as the conduit between the national organization and its chapters. Each region has a Regional Executive Board (REB). The REB, which is modeled after the National Executive Board, provides chapters with programmatic direction and supports chapter activities. The REB is led by a Regional Chair. The Regional Chair, who reports to the National Chair, sits on both his or her Regional Executive Board and the National Executive Board. Chapters Chapters, located at schools across the nation, are NBLSA’s foundation. Chapters develop creative programming that furthers NBLSA’s strategic goals. Chapters are also a critical component of the NBLSA membership experience. Finally chapters help NBLSA maintain its financial health by facilitating membership dues collection. Each chapter has an executive board comprised of elected and/or appointed positions.
Chapter Handbook
6 NBLSA Strategic Plan NBLSA has adopted the following strategic plan: Strategic Goal Area #1| Succession Planning: Work to proactively identify, recruit, and develop new NBLSA Leadership.
Strategic Goal Area #2| Programming & Member Satisfaction: Deliver relevant, quality programming to members. 2010-2011 Annual Objectives
Programming Vision. Create a simple, reusable programming frame work that allows incoming boards flexibility but stays true to NBLSA’s purpose.
National Conventions. Plan and execute a rewarding, memorable, and economically sustainable convention.
Two-way Communication. Implement, through the Internal Communications Group, feedback mechanisms for chapters to better communicate with leadership and for the national board to better connect with chapters.
2010-2011 Annual Objectives
Board Job Descriptions. Develop current job description that incorporates programming or infrastructure responsibilities, reporting relationship, and skills required for each position by October 1, 2010.
Leadership Info Sessions. Implement, through its Elections Committee, call-in info sessions or podcasts by January 2011 about NBLSA leadership positions and how members can prepare themselves for the roles.
Current Board Recruitment. Conduct meetings with current Class of 2012 National and Regional Board members to discuss leadership opportunities within NBLSA by December 2010.
Chapter “Rising Star” Nominations. Reach out to chapter presidents to identify active 1L and 2L students who would be good candidates for regional and national board positions.
Succession Report. Compile a list of contacted members and their positions of interest for 20112012 Board. Board Orientation Book. Develop a board orientation book containing items such as meeting minutes, policies, and contact information for board members.
Strategic Goal Area #3| Fundraising & Finances: Ensure the financial health and longevity of NBLSA through strategic development and expense management initiatives. 2010-2011 Annual Objectives
Diversification. Identify other sources of revenue (e.g., individual supporters, foundations, and corporations) to support NBLSA’s mission and develop opportunities for non-cash involvement (e.g., in-kind).
Expense Management. Adopt a budget by August 2010 and prudently manage organizational expenses.
Capital Campaign. Explore, through its Finance Committee, the feasibility and desirability of launching a NBLSA capital campaign. The Finance Committee will prepare its written recommendations to the NBLSA Board by the January 2011 board meeting that summarizes their findings, articulates a planned course of action, and lays out a substantive timeline.
Officer Commitment. Each board member will provide 1-2 contacts for-kind support (e.g., printing, space, .etc), volunteerism (e.g, panels, workshops, judges, .etc), or cash contributions.
Board Transition Process. Develop a training guide for incoming national and regional board members.
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7 Strategic Goal Area #4|Community & Public Relations: Ensure NBLSA, its purpose, programs, and members are consistently portrayed in a strong, positive light to internal and external stakeholders. 2010-2011 Annual Objectives Appearances/Travel. Develop Chair travel schedule prioritizing NBLSA’s Regional events and chapters, long‐ term partnerships, and sponsors. The NBLSA Chair role requires service on the: (1) NBLSA National Executive Board, (2) National Bar Association Board of Directors, and (3) American Bar Association Law Student Division Board of Governors. Partnerships. Identify, coordinate, and strengthen NBLSA’s partnerships with outside organizations. Brand Management. Develop a marketing plan by October 2010 that highlights NBLSA’s core initiatives and increase awareness and value of the NBLSA brand. Strategic Goal Area #5| Organizational Governance: Provide leadership to the NBLSA Board of Directors and effective governance for NBLSA. 2010-2011 Annual Objectives Organizational Structure & Appointments. Work with the National Vice Chair to develop the current year organizational structure including new positions, job scope, and reporting responsibilities. Create and communicate Call for Appointment Officers to NBLSA members with a target of May 2010 for full board strength.
Committees. Determine Committee assignments and tasks by June 2010 board meeting and work with National Chief of Staff to create National Advisory Board by December 2010.
Board Meetings. Work with National Vice Chair, National Secretary, and National Parliamentarian to chair efficient board meetings including (1) agenda development, (2) clarifying the board’s role, (3) setting meeting dates, and (4) implementing reporting guidelines.
Policies & Accountability. Develop and provide policy recommendations for consideration by the Board. Work with National Vice Chair to develop accountability tools and to educate Board members about all Board roles and key metrics for each division and officer.
Chapter Support. Develop chapter toolkit and programs that addresses key chapter management issues including fundraising, finance, advocacy, organizational structure, and membership and communications.
Administrative Team. Establish strong working relationships with Regional Chairs, Division Team Leaders, National Vice Chair, National Secretary, and National Chief of Staff to ensure that NBLSA develops processes, fulfills its executive duties (e.g., contract approval, reporting), and facilitates change.
Chapter Handbook
8 NBLSA Programs Programming Overview
NBLSA’s National Executive Board is responsible for developing clear, sustainable, consensus-based programming. We use categorize programs according to a three-part criteria:
Historical Significance: Many of NBLSA’s programs are mandated by its governing documents. In addition, many programs though not mandated, have a rich history that it is in the best interest of NBLSA to preserve. Hence, we categorize programs as either (1) Required Programs, (2) Legacy Programs, or (3) New Programs.
Focus: NBLSA also categorizes programs according to focus. Through this process, we ensure that our programmatic offerings align with our statement of purpose and mission. Our external, community-facing programs focus on (1) youth advocacy and empowerment, (2) equity in the criminal justice system, (3) access to political and legal institutions, and (4) engaged global citizenship. Our internal, member-focused initiatives revolve around (1) effective alumni and employer networks, (2) valuable professional and soft skills development, and (3) meaningful chapter support. In addition, we also engage in various infrastructure projects to ensure our continued growth. This year, our infrastructure efforts target (1) strengthened national and regional partnerships, (2) improved membership communication, and (3) a comprehensive governance review.
Resources: Last, NBLSA reviews how programs will impact the law students charged with implementation. Our goal is to balance implementation responsibility amongst the national team, regional boards, and chapter leadership. Below is a recap of our programs by level: National Level o Annual National Convention o INC (Negotiations) o Member of the Month o Law Student Scholarships o E-Development Series o CHH President’s Retreat o CBC Weekend o Lobby Day o Amicus Brief Program o Juvenile Justice Commercial o NBLSA C.A.R.E.S. o Nelson Mandela Scholarship
National + Regional o TMMTC (Mock Trial) o FDMCC (Moot Court) o Alumni Networking Events o Chapter of the Year Competition Regional o Regional Academic Retreats o Regional Job Fairs o Regional Law Camps
Chapter o Adopt a School - Youth Outreach o Week of Service o MLK Day of Service o World AIDS Day o International Book Drive o LLM Workshop o CSD Outreach o Pre-Law Mentoring All Levels o Voter Protection
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9 Programming Descriptions
COMPETITIONS Frederick Douglass Moot Court Competition | Required Program | National + Regional Level Since its inception in 1975, the National Frederick Douglass Moot Court Competition (FDMCC) has been a cornerstone of NBLSA programming, offering high caliber competition to showcase oral advocacy and brief writing talents among law students nationwide. Each year, law students compete at our six regional competitions. The top three teams from each region advance to the national competition, which is held during the NBLSA National Convention. Thurgood Marshall Mock Trial Competition | Required Program | National + Regional Level The National Thurgood Marshall Mock Trial Competition (TMMTC) provides law students with a platform to improve their oral advocacy skills, legal research and writing ability, and enhance their knowledge of substantive and procedural law. Participants have the opportunity to compete against teams within their respective NBLSA regions. The winning teams from each of NBLSA’s six regions are invited to compete at the national competition, held during the NBLSA National Convention. International Negotiations Competition | Legacy Program | National Level The International Negotiations Competition (INC) provides NBLSA members with realistic exposure to alternative dispute resolution. The competition is also designed to promote NBLSA international relations and foster positive relationships between NBLSA members and other law students around the world. The competition, held during the National Convention, requires participants to demonstrate oral advocacy and bargaining skills in a competitive environment.
INDIVIDUAL RECOGNITION PROGRAMS Member of the Month Program | New Program | National Level (Regional Support) Six members, one from each NBLSA region, are recognized for their implementation of the national theme. Regional Membership Directors are asked to connect with their chapters to encourage submissions for the program. Law Student Scholarships | Required Program | National Level NBLSA awards the following scholarships to its members at the National Convention: o
Rodney Pulliam Scholarship: This scholarship is in honor of the late Rodney Pulliam, who served as the 19981999 NBLSA National Chair. The scholarship awards deserving graduating law students with a minimum $500 BARBRI Bar Preparation Course scholarship.
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Sandy Brown Scholarship: This scholarship honors the late Sandy Brown, a past NBLSA Western Regional Director. Winning law students receive a minimum of $500 for the best written essay discussing social activism.
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Outstanding Student/Student Leader Scholarship: This scholarship, named for its patron, recognizes the accomplishment of a NBLSA member who has excelled academically while being active in their BLSA chapter and community. Awardees receive a minimum scholarship of $500.
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ACADEMIC + PROFESSIONAL DEVELOPMENT PROGRAMS 43rd Annual National Convention | Required Program | National Level Each year, NBLSA hosts an Annual National Convention. The convention provides a wonderful opportunity for delegates to connect with other chapters, perform community service, and participate in enriching workshops as well as mock trial, moot court, and international negotiations competitions. NBLSA’s 43rd Annual National Convention will take place in Houston from March 9-13, 2011. Regional Academic Retreats | Required Program | Regional Level (National Support) NBLSA Academic Retreats are one-day workshops designed to support NBLSA members. Retreats cover a variety of topics such as exam writing tips, the benefits of law journal membership, and bar preparation advice. Regional Job Fairs | Required Program | Regional Level (National Support) The regional job fairs are an opportunity for NBLSA members to interview for summer associate, government, pro bono, and in-house counsel opportunities. National support includes Symplicity (job bidding) administration and membership verification. Alumni Networking Events | New Program | National + Regional Level NBLSA’s alumni networking initiative affords members the opportunity to form meaningful connections with NBLSA alumni. NBLSA hosts an alumni networking event in each region through either national or regional programming. E-Development Series | New Program | National Level (Regional Support) NBLSA combines traditional advising with technology to ensure members’ job search efforts are met with success. We work with a series of organizations to deliver timely, helpful electronic advice such as podcasts and teleconference mentoring to members. Charles Hamilton Houston Chapter President’s Retreat | Legacy Program | National Level Currently in its 5th year, the Charles Hamilton Houston (CHH) Leadership Retreat brings together national, regional, and chapter leadership. While the retreat has traditionally focused on sharing national and regional programming initiatives, the event also encompasses workshops on fundraising and leadership. Chapter presidents will also have an opportunity to share their feedback and target areas for increased national and regional support. The CHH retreat is held in conjunction with the Congressional Black Caucus (CBC) Weekend. ADVOCACY PROGRAMS CBC Weekend | Legacy Program | National Level NBLSA’s programming during the Congressional Black Caucus’s Annual Legislative Conference includes a networking reception, the 7th Annual CBC Reception, and a CBC panel. A service opportunity, Congressional Kids Day, and the Charles Hamilton Houston Leadership Retreat also take place during this weekend. Lobby Day | Legacy Program | National Level This national effort informs legislators about necessary reforms in minority communities. Participating members receive training before the event. NBLSA’s 2011 Lobby Day will focus on felony disenfranchisement (the Democracy Restoration Act) and Immigration reform. Amicus Brief | NEW Program | National Level NBLSA will partner with other advocacy organizations to submit two amicus briefs. Cases are selected on the basis of NBLSA’s external advocacy issues (e.g., juvenile justice).
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Juvenile Justice Commercial | NEW Program | National Level Taped during the Western Regional Convention in Las Vegas, the commercial will focus on the effects of imprisoning youth in adult prisons. Select national, regional, and chapter members in attendance at the convention will have an opportunity to participate. Adopt a School - Youth Outreach | Legacy Program | Chapter Level (National Support) This program places NBLSA members in classrooms to interact with students. NBLSA links its tradition of youth outreach with current national initiatives to provide chapters with suggested program content. Through Team J.E.A.N., members will conduct “Know Your Rights” workshops for students. Through Kids in the House, students can learn about the legislative process. The Congressional Kids Day lesson plan will also be available. Voter Protection | Legacy Program | All Levels (National, Regional, and Chapter) NBLSA is dedicated to ensuring equal opportunity to participate in the political process. Chapters commit to (1) election day service as a poll worker or poll monitor and (2) one or more of the following ongoing voter protection efforts: voter registration, voter disenfranchisement awareness, and candidate forums. SERVICE PROGRAMS Week of Service | NEW Program | Chapter Level (National + Regional Support) NBLSA encourages each chapter to engage in three service activities over one week in October. The week should culminate in a Founder’s Day of Service, where chapters encourage 100% participation in a community service event. Chapters either feature national programming (e.g., adopt a school, voter protection, .etc) or highlight a chapter-specific initiative. MLK Day of Service | Legacy Program | Chapter Level (National + Regional Support) The spring corollary to our week of service, the MLK Day of Service encourages chapters to engage in a service activity of their choice to commemorate the legacy of Dr. King. Chapter of the Year Competition | Legacy Program | National + Regional Level Each year, NBLSA recognizes chapters for their commitment to NBLSA’s purpose and the programming goals. Chapters showcase their programming at their regional convention. One outstanding chapter in each region advances to the national competition held during the national convention.
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Membership + Communication Keeping Informed The NBLSA Executive Board sends out a semimonthly e-newsletter, NBLSA Newsblast, to all members. The Newblast contains important information on upcoming deadlines and events, new programs and resources, membership benefits, and more. It is important that you take a few minutes to read each Newsblast and ensure your chapter is aware of important information. In addition, we publish a semi-annual magazine, the NBLSA LegalPad. The LegalPad contains a recap of national programs and provides you with news from each of NBLSA’s six regions. Our LegalPad can be found online at http://www.nblsa.org/legalpad/. For chapter leaders, we have an online portal, https://nblsa.onehub.com/chapters,that contains much of the information referenced in this handbook including the NBLSA Constitution and Bylaws, NBLSA logos, membership dues remittance instructions, and more. You may also access this page through the nblsa.org website. Please be sure to bookmark this page and check here for resources available to your chapters.
Regional Support Your regional membership contact is your first source of support for your chapter management needs. Sharon Barksdale MABLSAMembership@gmail.com Mid-Atlantic Region Alexia Whitaker anwhitak@yahoo.com Midwest Region Nyasha Foy neblsa.membership@gmail.com Northeast Region Jennifer Carter RMBLSA.Membership@gmail.com Rocky Mountain Region Germani Hardeman southblsamembership@gmail.com Southern Region Natalie Gomez wrblsamembership@gmail.com Western Region
National Support Last, the National Executive Board is here to assist you. You may reach the National Director of Membership at membership@nblsa.org or the National Office at 202-618-2572.
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Facts about Membership Matriculated JD candidate and LLM candidate are eligible for NBLSA membership. Pre-law students are eligible for membership in the College Student Division. Membership privileges are given to eligible students that pay dues in accordance with the Membership Dues Policy and Procedure. NBLSA does not discriminate against an individual or group on the basis of sex, race, religion, ethnic group, age, sexual orientation, disability, national origin, or country of abode. Defining Membership NBLSA membership is a three-tier membership system. A NBLSA member is a member on the chapter level, regional level and national level. To be an active member in NBLSA an individual must pay NBLSA membership dues and complete any necessary administrative process determined by the NBLSA national executive board. A chapter may also determine its own dues in order to gain membership in the organization. Upon satisfaction of these conditions, an individual is entitled to all the privileges of active membership. Full Membership Privileges Chapters that decide not to pay dues during a given membership year will not be allowed to refer to itself as Black Law Students Association, or use the logos of NBLSA or its regions. Members of these inactive chapters will not be afforded the privileges enumerated in the NBLSA constitution. Membership privileges included, but are not limited to: o
o
Participation in the Thurgood Marshall Mock Trial Competition and the Frederick Douglass Moot Court Competition. Voting rights at NBLSA National Convention, Regional Convention, Committee meetings and Chapter meetings.
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o o o o
Serving as a national, regional, or chapter officer Participation in NBLSA Job Fairs. Discounted members-only registration at National and Regional Conventions. Authoring or sponsoring legislation in any of the policy committees on the chapter level or regional level or in the Board of Directors meeting. Subscription to and publishing opportunities in NBLSA’s magazine, The Legal Pad. Corporate discounts available to NBLSA members. Participation in NBLSA Academic Retreats Eligibility for NBLSA Scholarships.
Membership Dues Policy & Procedure NBLSA collects dues from each member through its chapters. A chapter or member shall be considered inactive if membership dues are not paid by November 1. A chapter shall face cease and desist procedures if NBLSA has not received membership dues by December 1. Membership dues will not be waived for any member of an active chapter. NBLSA’s Membership expires on July 31st of each year. Reactivating Membership Chapters that have not submitted membership dues for one or more membership cycles are eligible for reactivation with NBLSA. The reactivation procedure is determined by the National Director of Membership. The 2010-2011 reactivation process entails completing the reactivation form and submitting membership dues (excluding late fees). Current Dues Rate: The 2010-2011 dues rate is $35 per member. Members will be assessed a late fee if they submit dues after November 1, 2010. Membership dues are split among National and Region. Regions will receive $15 for every member. National will receive the remainder minus any processing fees.
Chapter Handbook
14 Membership Benefits
Members of NBLSA are part of an established and esteemed organization that has numerous benefits! o o o o
Unparalleled networking opportunities with other law students, NBLSA’s extensive alumni network and practicing attorneys Subscriptions to and publishing opportunities with NBLSA’s newsletter “The Legal Pad"” Leadership positions on the National and/or Regional Executive Boards Significant discounts with:
As a member members are also entitled to participation in all of our regional or national activities including: o o o o o o
Regional Job Fairs Regional Academic Retreats Member-only pricing for National and Regional Conventions Opportunities to participate in community service and international service Participation in prestigious the Thurgood Marshall Mock Trial, Frederick Douglass Moot Court, and International Negotiations Competitions NBLSA members are also eligible to apply for NBLSA Scholarships!
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Chapter Organization + Leadership Local Leadership Chapter Constitution & Bylaws A Constitution and Bylaws provides the direction, leadership and cohesiveness to achieve chapter goals. All chapters must have a current, electronic version of their Constitution and Bylaws on file with NBLSA, as well as copies of the Affiliation Agreement signed by chapter leadership.
Whether you are beginning to structure your chapter or looking to revitalize your chapter, a strong and cohesive leadership structure ensures your chapter meets its goals. NBLSA recommends at a minimum, the following three positions: President, Secretary, and Treasurer. Due to chapter size, chapters have the discretion to determine if the same person can hold these offices.
Below is a listing of the required elements:
NBLSA’s Statement of Purpose
Non-Discrimination Membership Statement
Explanation of National and Local Dues Structure
Officer and Committee Descriptions
Officer Elections and Terms
NBLSA National and Regional Parliamentarians are available to help Chapters draft or improve their governing documents.
Chapter Affiliation Agreement The NBLSA chapter affiliation process is straightforward. To be affiliated with NBLSA, a new Chapter must submit to the NBLSA National Director of Membership:
A completed and signed charter application.
A copy of the Chapter’s proposed governing documents (e.g., Constitution & Bylaws).
A roster of the chapter’s charter members.
A completed and signed chapter affiliation.
Chapter affiliation will be approved by the NBLSA Executive Board.
Parliamentary Procedure The Parliamentary procedure employed by NBLSA is governed by Roberts Rules of Order. Although, some local chapters do not use parliamentary procedure during chapter meetings, it is important that all chapter delegates are familiar with the general rules and motion practice of Roberts Rules of Order. The following is a quick guide to motions and parliamentary procedure. What to say Recognition by the Chair o A member may not speak unless recognized by the chair o Only one member at a time is allowed to speak. o To gain recognition a member must say, “Mr. or Madam Chair.” For purposes of convention, simply wait to be recognized at a microphone Each Item of business must contain the following o Main Motion o An idea brought before the assembly for consideration. o Usually begins with a “reason” before stating the motion. o A motion should be short and concise o To make the motion a member must say, “I move that ….”or “I move to ….”
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16 Second o The main motion must have a second which means another person supports the main motion. o To Second a motion a different member than who made the motion must identify themselves and say, “I Second the motion” o Discussion o Once the motion has been moved and seconded the “floor” is open for discussion. The Chair or President will recognize the members allowing them to discuss the motion and will keep the discussion period to an appropriate time limit. o Amendments to the main motion may be changed by inserting or deleting words or phrases. To amend to motion a member must say, “I move to amend the motion by inserting or deleting ….” Note: A motion may be amended twice. o No member can speak twice to the same issue until everyone else wishing to speak has spoken to it once o All remarks must be directed to the Chair. Remarks must be courteous in language and deportment - avoid all personalities, never allude to others by name or to motives Vote o Once the discussion period is ended by the chair a vote must be taken o
o
Definitions and General Information General Consent o A form of voting in which a motion is accepted without going through the actual procedure of voting o Silence means consent! o For example, “I move that we accept the committee report by general consent…seeing no objection, the motion carries” Point of information o A request for information referring to the motion on the floor.
This question does not deal with parliamentary law. Point of Order o Calling attention to the fact that the parliamentary laws have been violated. o Example: “Point of Order … (explain what was violated)” Point of Privilege o Pertains to noise, personal comfort, etc. may interrupt only if necessary! Parliamentary Inquiry o Inquire as to the correct motion - to accomplish a desired result, or raise a point of order Divide the Question o Divides a motion into two or more separate motions (must be able to stand on their own) Withdraw/Modify Motion o Applies only after question is stated; mover can accept an amendment without obtaining the floor Object to Consideration o Objection must be stated before discussion or another motion is stated Extend Debate o Applies only to the immediately pending question; extends until a certain time or for a certain period of time Limit Debate o Closing debate at a certain time, or limiting to a certain period of time Appeal Decision of the Chair o Appeal for the assembly to decide - must be made before other business is resumed; NOT debatable if relates to decorum, violation of rules or order of business o
Any questions should be directed to the Regional Parliamentarians. Any outstanding questions may be sent to the National Parliamentarian at parliamentarian@nblsa.org.
Chapter Handbook
17 Finances Financial Overview
The National Black Law Students Association (NBLSA) is a 501(c)(3), non-for-profit organization, and is exempt from federal income tax and eligible, where applicable, to be exempt from state sales tax. The 501(c)(3) designation is specifically reserved for organizations operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes. For tax purposes, chapters are legally distinct from NBLSA. NBLSA does not manage chapter bank accounts, direct chapter fundraising efforts, approve chapter budgets or expenditures, or otherwise financially govern chapters. Moreover, while each chapter agrees to operate in accordance with NBLSA’s Constitution and Bylaws, policies, and purpose, NBLSA does not determine the specific programs chapters undertake. Chapter leadership enjoy significant autonomy. Because chapters are separate legal entities, chapters do not fall within NBLSA’s 501(c)(3) designation. Each chapter is responsible for its own finances and federal and/or state reporting obligations. While chapters do fall under NBLSA’s 501(c)(3) tax-exemption, they may still independently qualify for federal tax exemption and are responsible for seeking it. In addition, just as NBLSA meets the IRS federal tax filing requirements for NBLSA National and Regions, chapters must meet the requirements by (1) filing tax returns on their own, (2) filing their returns under their law school, or (3) filing their returns under their university. NBLSA and local chapters are linked via affiliation. Affiliation provides each law school and college student division chapter with permission to use of the NBLSA name and logo, access to NBLSA programming and resources, and the opportunity to receive financial support.
The Relationship between NBLSA National, Regions, and Chapters
National National and Regions comprise NBLSA, a 501(c) (3) non-profit entity. The NBLSA Executive Board oversees and manages the fundraising, bank accounts, contracts, and governance.
Chapters
Regions
Chapters are must independently qualify for federal tax-exempt status. They are separate legal entities from, but affiliated with, NBLSA and may not use NBLSA’s tax identification number.
18 Federal Tax Status – A Primer In order to qualify as a tax exempt organization (i.e., exempt from Federal taxation under Internal Revenue Code (IRC) Section 501(a)), an organization must generally be a type of organization described in IRC Section 501(c). Organizations that meet the requirements of IRC Section 501(a) are generally exempt from federal income taxation. In addition, charitable contributions made to some section 501(a) organizations by individuals and corporations are deductible as charitable contributions under IRC Section 170. Because chapters must operate in accordance with NBLSA purposes, chapters will qualify for exemption as a charitable organization 501(c)(3) or a membership organization 501(c)(4). In order to support its entitlement to this exemption, every organization should have a written Constitution, Bylaws, and/or Article of Association, which would typically include the following basic information: 1. The name and purpose of the chapter; 2. A description of the chapter’s activities in terms that indicate its tax‐exempt character; 3. A description of the chapter’s membership (e.g., how does someone become a member?); 4. A list of officers and a description of how officers are chosen; 5. An indication of how and for what purpose the chapter disburses its funds; 6. A dissolution provision stating that if the chapter dissolves, its assets will be distributed to NBLSA or to some other designated tax‐exempt organization. An absolute requirement for federal tax exemption under IRC Section 501(c)(3) and 501(c)(4) is that none of the organization’s net income or profits can inure to the benefit of private interests, such as shareholders.
Chapter Handbook
Obtaining Federal Tax Exempt Status Both 501(c)(3) organizations and 501(c)(4) organizations are non-profit organizations exempt from federal income tax. While similar in many respects (i.e., any organization that qualifies for 501(c)(3) status will likely qualify for exemption under 501(c)(4)), there are key differences. For instance, donations to 501(c)(3) chapters are deductible whereas donations to 501(c)(4) chapters are not. A chapter’s decision about its exempt status (e.g., whether to qualify 501(c)(3) v. 501(c)(4) of the IRC) may be also be influenced by administrative ease. Chapters who achieve exemption under 501(c)(4) are not required to file for exemption with the IRS. In other words, your chapter will be recognized as tax‐exempt under Internal Revenue Service Code (IRC) Section 501(a) without applying to the IRS for approval of IRC Section 501(c)(4) status. Chapters desiring formal IRS approval can seek it by filing an application for recognition of exemption, Form 1024, with the IRS. Chapters who wish to achieve exemption under 501(c)(3) and whose gross receipts are in excess of $5,000 a year must formally request recognition of exemption, by filing a Form 1023, in order to be recognized as an entity exempt from federal income taxes. Chapters with gross receipts of less than $5,000 will generally be recognized as tax exempt without applying to the IRS for approval For purposes of 501(c)(3) test outlined above, gross receipts are not more than $5,000 if: 1) during the first taxable year of the organization, the organization received gross receipts of less than $7,500; 2) during its first two taxable years, the aggregate gross receipts received by the organization are $12,000 or less; and 3) in the case of an organization which has been in existence for at least three taxable years, the aggregate gross receipts received by the organization during the immediately preceding two taxable years plus the current year are $15,000 or less.
19 Annual IRS Filing Requirements All Chapters are individually responsible for meeting the IRS’ tax filing requirements. Thus, all Chapters must file an annual tax return. Chapters may meet this requirement by either (1) filing tax returns on their own, (2) filing their returns under their law school, or (3) filing their returns under their university. Please check with your school regarding options (2) and (3). This section goes on to address option 1. Chapters with annual gross receipts of not more than $50,000 for the 2010 tax year will file the IRS Tax Return Form 990-N. This is a simple, electronic postcard and asks only for your Chapter’s name, address, and FEIN (federal tax ID number), a contact person, and a statement that your gross receipts is less than $50,000. We anticipate all but a few chapters will file using the Form 990-N. Chapters that were not formally granted federal tax exempt status through the filing of either Forms 1023 or 1024, but that are recognized as tax exempt (because their annual gross receipts are not more than $5,000 and they are organized and operated exclusively for tax exempt purposes) should contact the IRS Account Services Unit prior to the initial ePostcard filing at (877)-829-5500 to request the IRS to set up the organization’s account to allow filing of the e-Postcard. Chapters with annual gross receipts in excess of $50,000 for the 2010 tax year will file the IRS Tax Return Form 990-EZ or Form 990. We strongly encourage the few chapters in this position to contact their respective law school foundation office to determine how to best meet the IRS filing requirements. For questions about previous tax years, please contact chapters@nblsa.org.
Chapter Handbook Further instructions on which form to file can be found on the Internal Revenue Service’s website at http://www.irs.gov/charities/article/0,,id=184445,00. html.
Federal Employer Identification Number (FEIN or EIN or TIN) Chapters are not permitted to use NBLSA’s FEIN for any purpose. Any chapter that files information or tax returns (e.g., Form 990-N) and/or opens a bank account is required to have an FEIN. Chapters that do not have an FEIN, such as newly chartered chapter, can apply for an FEIN by completing IRS Form SS-4 online, by telephone, by fax or by mail. The Form To avoid multiple FEINS, chapters should check their records to verify that an FEIN was not previously issued. When completing the Form SS-4, the requests a name and SSN for the responsible party (e.g., the chapter president or treasurer). Because chapter leadership changes annually, we recommend that the chapter update the contact information associated with the FEIN on a regular basis. NBLSA keeps a record of all chapter FEINs and requires Chapter FEIN’s be provided immediately upon receipt from the IRS. So, once you are assigned your FEIN, please send an email containing your FEIN to chapters@nblsa.org. Again, please use the Chapter’s FEIN to manage the chapter’s banking relationship. Under no circumstances should an individual’s social security number be used to obtain or maintain a chapter bank account. The IRS may treat the funds in the account as part of that individual's assets and any earnings on the account will be deemed earnings of the individual for income tax purposes.
Chapter Handbook
20
Budgeting in the Short-Run For chapters that have never organized their finances, this section offers guidelines on how to calculate expenses. Calculating Expenses The first step in calculating annual expenses is to estimate the costs of your chapter’s planned activities, publications, office supplies, and other items. We recommend using a spreadsheet to track this information and building your expenses by event or program. An example is below: Activity
Cost
Description
Welcome Back Event for Members
$100
Pizza
$15
Sodas
$5
Plates
$125 In this example, the total cost of the welcome back event is $125. Determine the estimated costs for all of your programs and then summarize the costs. The total will be the expenses for your chapter’s annual budget. Performing A Revenue Projections The next step is to determine whether adequate funding exists to cover planned expenses. The revenue portion of a chapter’s budget will be a combination of your current bank account balance, local dues (if applicable), and the revenue you will receive from fundraising. Below is a straightforward formula for calculating revenue to determine your chapter’s one-year fundraising
goal. In this example, the chapter’s total expenses are $1,000. Fundraising Goal
Revenue Calculation
$1,000 (expenses)
$100 (bank balance)
- 700 (current funds)
$300 (local dues)
$ 300 (fundraising goal)
$400 (current funds
Preparing a Budget Chapters that are able to meet their annual expenses, may be ready for advanced budgeting and planning. In addition to covering only specific programmatic, short-term expenses, chapters may want to set a fundraising goal that allows for a financial cushion. These funds can be invested in an interest-bearing account. Another consideration is chapter growth. Chapters that wish o expand their activities, increase the number of chapter members who attend national meetings or purchase equipment (e.g., cameras, signage, .etc) need to plan for these expenses and identify new sources of funding. Chapters should formulate their budgets after their annual programs have been set to ensure that chapter finances are in line with chapter programs. Templates for chapter budgets are readily available online. Please contact chapters@nblsa.org if you have any questions.
Chapter Handbook
21 Fundraising Many chapters use fundraising, particularly individual donations and law firm sponsorship, to achieve programming goals. Many companies set aside portions of the marketing, diversity, or recruiting budgets for promotional giveaways, contributions to charitable or educational causes, and event tie-ins. You chapter can use this opportunity to receive donations for events, obtain grants to cover program costs, or obtain items for raffle and auctions In return, donating organizations receive name recognition, access to chapter members, or an opportunity to establish product loyalty.
Identifying Sponsors Identifying prospective sponsors is a straightforward process. Here are a few ideas: o o o
Contact bar prep companies such as BarBri or Kaplan Contact your Student Bar Association to see if they sponsor student organizations Contact law firms that heavily recruit at your school or where you have prominent alumni (you’ll want to confirm law firm fundraising is in compliance with your school’s policy before using this approach)
Soliciting Sponsors Next, chapters must set a sponsorship goal, determine the number of organizations to solicit, and then draft a solicitation letter. A common mistake many chapters make is being too optimistic with their fundraising goals. Chapters that have never solicited sponsorship before are encouraged to use their chapter network. Chapters should reach out to chapter presidents at peer schools to determine how their fundraising efforts have fared. Chapters with established fundraising programs should use prior fundraising history in order to project their goals. In addition, these chapters may consider asking sponsors for multi-year commitments.
When writing a solicitation letter, chapter leaders should cover the following points: o o o
o
o o
Introducing yourself and the organization State your purpose for requesting funds/products/services Ask for a specific amount, sponsorship, or product; however, indicate that you are open to their participation at any level Offer to recognize their generosity publically such as displaying the company logo in the event program Indicate when you will contact them to discuss the proposal Thank them for taking the time to consider your request.
Chapters with multiple sponsorship opportunities should consider developing a sponsorship guide that offers a brief description of each opportunity along with the financial contribution level. As a reference, the NBLSA Convention Sponsorship Guide can be found at http://www.nblsa.org/sponsor/.
NBLSA and Chapter Fundraising Chapters that fundraise must be careful to convey to potential sponsors that a chapter donation is not a donation to NBLSA. As discussed in the Finances section of the guide, only donations to a 501(c)(3) can be deducted by the individual or corporation as a charitable contribution. Therefore, only chapters who have obtained 501(c)(3) tax-exempt status are able to solicit direct sponsorship using taxdeductibility as a benefit. Chapters who are not 501(c)(3) chapters but who wish to offer the benefit of tax-deductibility must coordinate a joint-fundraising program with NBLSA. Under this program, sponsors make donations to NBLSA restricted to the chapter. NBLSA issues a donor receipt and a check to the chapter for the funds it has received. Chapters must use funds in accordance with NBLSA’s exempt purpose. If your wish to use this program please email chapters@nblsa.org.
22 Chapter Grant Program The NBLSA Chapter Grant program provides chapters is an initiative to help local law school and college student division chapters fund new and innovative programs that align with NBLSA programming initiatives. Eligibility. Local law school chapters and college student division chapters of BLSA are eligible to apply. Deadline. Applications are accepted on a rolling basis. Funding. Chapters can request up to $500 to implement a program under NBLSA initiatives: Child advocacy (juvenile justice), Equity in the Criminal Justice System, Global Citizenship, Institutional Representation (voter rights), Improve ourselves (education and professional development programs/receptions), Change our profession, Ensure a lasting legacy (College Student Division mentor-mentee programs). Application. A complete application will include basic chapter contact information, a budget request, a program description, and chapter funding information for the program. Please provide information on how much funding the chapter currently has to put toward this program. Chapter programs that require a matching grant will receive first preference, i.e. programs/projects that already have funding allocated to them, but require a dollar for dollar match of their current funding. However, in cases of extreme need, the Chapter Grant Committee will also consider fully funding projects/programs. Applications may be submitted online. Application Evaluation. The Chapter Grant Ad Hoc Committee will review applications at least twice a month. The Committee will evaluate applications based on financial need, the number of members served, and event ingenuity/how well the event aligns with a NBLSA initiative. The funds will be released within 5 business days of the approved application. Checks will be mailed to the chapter's
Chapter Handbook
mailing address and made payable to the chapter. NBLSA's Treasurer needs all receipts within 30 days of the event, accounting for the use of funds via a spreadsheet. Further any unused funds from the grant are to be returned to NBLSA no later than 30 days after the event. After Action Report. All grant recipients will be expected to submit an after action report (AAR) within 30 days of the program event. The AAR should include a 500-word summary of the chapter’s event that includes the date, time, location, and the number of members who attended the event. Additionally, the recipients should submit photographs to the Chapter Grant Ad Hoc Committee. Grant recipients that default on their After Action Report will be responsible for refunding the full amount of the grant. Chapters are encouraged to apply online today.
Chapter Handbook
23 National Convention Each Spring, the National Black Law Students Association (NBLSA) holds an Annual Convention. The convention rotates among NBLSA’s six regions as follows: o o o o o o
Western Region Northeast Region Rocky Mountain Region Mid-Atlantic Region Southern Region Midwest Region
The primary purpose of NBLSA’s National Convention is to conduct the business of NBLSA: electing officers, receiving reports, appointing staff members, and committees. Convention delegates will meet in efficient and productive plenary sessions to obtain a report on the current state of the organization and determine its future direction. The National Convention is also an opportunity for self-enrichment. Members have an opportunity to meet and interact with NBLSA members from around the country; participate in competitions and workshops; and network with attorneys, legal employers, and other dignitaries. In our workshops, we’ll discuss recent legal developments and issues affecting the black community and black attorneys. Last, NBLSA’s National Convention is a time for reflection and celebration. It is a time to honor the organization’s accomplishment. We recognize outstanding members, chapters, regions, and national initiatives that best exemplify NBLSA’s purpose - to strive for racial equity and fairness throughout the legal system. We also reflect on the achievements and sacrifices of those that came before us and pay tribute to their legacy of service and excellence.
Chapter Voting Strength Chapters receive voting strength in accordance their size. Each chapter should be represented at
National Conventions in accordance with the number of members in the chapter. A chapter’s votes are determined as follows:
Chapters with ten (10) members or less have one (1) vote;
Chapters with more than ten (10), but less than twenty-five (25) members have two (2) votes;
Chapters with twenty-five (25), but less than fifty (50) members have three (3) votes;
Chapters with fifty (50), but less than seventyfive (75) members have four (4) votes; and
Chapters with seventy-five (75) or more members have five (5) votes.
Plenary Rules Maintenance of Quorum Quorum must be maintained at all times in order to carry on the business of the session. Accordingly, once plenary begins, each delegate will be required to sign in and out of the session, so that a proper accounting of quorum may be maintained. Proxy Rules If deemed necessary, a school wishing to proxy all or a portion of its votes must (1) identify areceiving chapter in good standing, (2) complete the required proxy form and obtain the National Parliamentarian’s signature, and (3) the delegates from both chapters should present the proxy to the National Recording Secretary for tender. All proxies must be completed by the end of the morning session of plenary. Once proxied, the vote is relinquished for the remainder of the plenary session specified. Recognition of Speakers A member may not speak unless recognized by the speaker. If a member speaks out of turn, they will lose their turn at the microphone. Once recognized the member must introduce themselves for the record. (Example: Charles Hamilton Houston, Howard University.)
24 In order to remedy the “rush to the microphone,� NBLSA will employ both precedent (number of times a speaker has spoken) and order in which a speaker is recognized. This system facilitates both fairness and a free exchange of different ideas and opinions in the legislative process. Decorum During plenary certain issues may be controversial. However, in order to conduct the business of NBLSA, we must always remember to maintain decorum. Each member shall speak with respect and civility when addressing the body. A member will be asked to leave plenary for the remainder of the day if they are disruptive to the plenary session. Debate Debate will be conducted by alternating Pro/Con statements at the respective microphones. In the interest of time and fairness, no debate will last longer then 10 minutes. Time may not be extended. It is important that the process of dealing with the issues the body wants to entertain happens, but it is just as important that this process not become too timely with respect to the overall conduct of the sessions. As such members should consider what is to be said, reflect if the comment is necessary (i.e. has someone already said it, will this further the goals of plenary), and then make a decision whether or not to speak. Vote Votes will be caste by show of hands of the delegates present. All votes will be approved according to the Constitution and Bylaws. Constitutional amendments require a 2/3 vote and Bylaws require a simple majority vote. If an amendment is presented as a Constitutional amendment yet fails to achieve the 2/3 vote required, but does achieve a simple majority, the amendment does not pass. Roll Call Vote In the event that a motion is too close to recognize, a formal roll call vote may be required. The Recording Secretary will use the current sign-in sheets to solicit the vote of each chapter. An immediate tally will be calculated and the decision announced thereafter.
Chapter Handbook Questions and Concerns Question, comments, and concerns shall be directed to the information desk. If a member desires to file a grievance that will also go to the information desk. All grievances will be handled by the grievance committee, headed by the ViceChair.