ARTICLE I Name
The name of this organization shall be the Kansas Court Reporters Association (“KCRA”). Pursuant to Internal Revenue Code 501(c)(6) Nonprofit Corporation, KCRA shall be a not-for-profit organization.
ARTICLE II Mission Statement
Kansas Court Reporters Association is committed to promoting and maintaining the highest standards of verbatim reporting, quality services, professional ethics, and advocating continuing education, as well as the utilization of state-of-the-art technology.
ARTICLE III Membership
Section 1. Composition of Members
The membership shall consist of the following groups:
(a) Regular members
(b) Associate members
(c) Student members
(d) Retired members
Membership in the Association shall be open to individuals who subscribe to and support the mission of the Association and who are skilled in the art of verbatim reporting of proceedings by the use of shorthand symbols either manually or by machine or by the use of their voice.
Section 2. Regular Members
Any verbatim reporter practicing within Kansas who holds a valid Kansas Certified Shorthand Reporter or Certified Court Reporter certificate or who meets one or more of the following requirements shall be eligible to become a Regular Member:
(a) Any person who is an official court or state agency reporter.
(b) Any person who is engaged as a verbatim reporter in the active practice of general reporting.
(c) Any person who holds the National Court Reporters Association’s Registered Professional Reporter, Registered Merit Reporter, Registered Diplomat Reporter, or Certified Realtime Reporter designations.
(d) Any person who holds the National Verbatim Reporters Association's Certified Verbatim Reporter, Certified Verbatim Reporter, Certificate of Merit, or Realtime Verbatim Reporter designations.
(e) Any person who holds a Certified Shorthand Reporter or Certified Court Reporter certificate mandated by state or federal law.
Section 3. Associate Members
(a) Any Regular Member in good standing who is not currently engaged in the active practice of verbatim reporting may become, upon application to the Treasurer, an Associate Member of this Association.
(b) A teacher of verbatim reporting or anyone connected in an official capacity with a school or college conducting a verbatim reporting course may become, upon application to the Treasurer, an Associate Member. Such persons need not meet the requirements for skill in the art of verbatim reporting of proceedings by the use of shorthand symbols or by the use of their voice.
(c) Anyone who functions in a support capacity to a verbatim reporter as a scopist, notereader, proofreader, Certified Legal Video Specialist, office manager, or in similar functions may become, upon application to the Treasurer, an Associate Member. Such persons need not meet the requirements for skill in the art of verbatim reporting of proceedings by the use of shorthand symbols or by the use of their voice.
(d) Any verbatim reporter who is a nonresident of this state and who does not actively engage in the practice of verbatim reporting in this state may become, upon application to the Treasurer, an Associate Member.
(e) Any Regular Member in good standing on retiring from the active practice of verbatim reporting and not otherwise eligible to be a Retired Member may become, upon application to the Treasurer, an Associate Member.
Section 4. Student Members
Any student of verbatim reporting who is certified by a verbatim reporting training program instructor or director as being currently enrolled in said program shall be eligible to become a Student Member upon application to the Treasurer. (If the student is self-taught, an affidavit signed by a KCRA member in good standing shall suffice.)
Section 5. Retired Members
Any person who has been a Regular Member for at least twenty (20) years and who is no longer engaged in verbatim reporting or who has been recognized for their professional contributions and approved by the Board of Directors shall be eligible for Retired Membership.
Section 6. Privileges
(a) All members shall enjoy the privileges of the Association except where certain privileges are
specifically restricted to a specific membership group in these Bylaws.
(b) Only Regular and Retired Members shall be eligible to vote.
(c) Only Regular and Retired Members shall be eligible to hold an elective office.
Section 7. Membership Application Procedures
(a) Applications for membership shall be submitted to the Treasurer in such form and accompanied by such supporting documents as may be determined by the Board of Directors.
(b) The Treasurer shall approve each application for membership and designate membership status.
Section 8. Suspension for Nonpayment of Dues
Any member whose dues are ninety (90) days past due shall be suspended and all privileges of membership shall be terminated. Any member suspended for nonpayment of dues may be reinstated at any time prior to the close of that membership year upon payment of the full current year’s dues.
Section 9. Termination of Membership
Membership in the Association may be terminated for cause. Sufficient cause for such termination of membership shall be violation of the Articles of Incorporation and Bylaws of the Association or any lawful agreement, rule, or practice properly adopted by the Association, conviction of or final adjudication of liability for any violation of the antitrust laws, or any other conduct prejudicial to the Association. No member shall be terminated for cause without the member having an opportunity to be heard in answer to charges as provided in the procedures for membership termination in Robert’s Rules of Order, Revised. Termination of membership for cause shall be heard by the Board of Directors. The membership of those members who are under suspension for nonpayment of dues at the close of a membership year shall be terminated.
ARTICLE IV Officers and Directors
Section 1. Officers
(a) The President, Vice President, Secretary, and Treasurer shall be the elected Officers of the Association.
(b) The duties of the elected officers shall be as follows:
(1) It shall be the duty of the President to preside at all meetings of the Association and to perform all duties incident to the office of President and such other duties as may be prescribed from time to time by the Board of Directors.
(2) It shall be the duty of the Vice President to perform the duties of the President in his/her absence or in the event of his/her inability or refusal to act. The Vice President, when thus acting, shall have the powers of and be subject to all restrictions placed upon the President. The Vice President shall perform such other duties as from time to time may be assigned to him/her by the President or the Board of Directors.
(3) The Secretary shall keep the minutes of the meeting of the Association and of the Board of Directors; shall see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; shall be custodian of the corporate records of the Association; and, in general, shall perform all duties of the office of the Secretary and such other duties as from time to time may be assigned to him/her by the President or the Board of Directors.
(4) The Treasurer shall have charge and custody of and be responsible for all funds and securities and financial records of the Association and, in general, shall perform all duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him/her by the President or Board of Directors.
Section 2. Directors
(a) The Board of Directors shall consist of all the elected Officers and Legislative Chairpersons, the Immediate Past President, and not less than four additional members who shall be elected at each annual meeting in the manner and form prescribed by these Bylaws.
(b) The Board of Directors shall be the governing board of the Association and shall establish policies and procedures and administer all affairs and activities of the Association. Subject to prior majority approval of the Board of Directors, the Association may take a position and express an opinion on issues directly and generally affecting verbatim reporting.
Section 3. Committee on Legislation
The Chairpersons of the Committee on Legislation shall consist of at least two reporters, freelance and/or officials and/or retired members. The Chairpersons and its committee and the Board of Directors shall comprise the Committee on Legislation. It shall be the duty of the Committee on Legislation to perform all acts authorized by the Board of Directors.
Section 4. The Executive Director
A position of Executive Director shall be established. This position shall be filled by a person or entity chosen by the Board of Directors. The Executive Director’s position may be filled by an entity or person either connected with or distinct from the Association. The compensation for such position shall be reviewed on an annual basis. It shall be the duty of the person or entity filling this position to attend all Board of Directors’ meetings; to provide a comprehensive itemized statement of expenses which shall be reviewed for reimbursement by the Board of Directors; and to provide job placement notices, special meeting notices, and such other notices as may be appropriate to the general membership.
Section 5. Election and Term of Office
(a) Elected Officers and Directors of the Association shall be elected for a term of one year by the membership at the annual meeting of the Association. The term of each elected Officer and Director shall begin at the close of the annual meeting at which he/she was elected. He/She shall serve until his/her successor is elected.
(b) If there is more than one nominee for an office, the nominee receiving the highest number of votes cast shall be elected.
(c) The report of the Nominating Committee shall be presented at the annual meeting. Nominations for all Officers and other Directors shall be made at the annual meeting of the Association each year, including nominations from the floor.
(d) The Officers and other Directors as prescribed herein shall be elected by ballot by a majority of those present and entitled to vote at the annual meeting and shall hold office from the date of their election until their successors are duly elected.
(e) Vacancies occurring in any of the offices may be filled by the Board of Directors.
Section 6. Board of Directors’ Meetings
(a) The Board of Directors shall hold at least one meeting annually at such time and place as the Board of Directors may determine. Additional meetings of the Board of Directors may be called by the President or at the written request of a majority of members of the Board of Directors provided that a written notice is sent to each member of the Board of Directors ten (10) days prior to the meeting.
(b) A quorum shall consist of two-thirds of the full voting membership of the Board of Directors.
(c) The President shall serve as Chairperson of the Board of Directors. In his/her absence, the Vice President shall act as Chairperson. If both are absent, the Treasurer shall preside.
(d) At any meeting of the Board of Directors, other than the annual meeting, the following may be offered: A sum of $50 as the standard for board members traveling less than 100 miles one way, $100 for anyone traveling less than 200 miles one way, and $150 for anyone traveling more than 200 miles one way, in an effort to offset his/her additional expenses for attending including the Officers and other Directors, CSR Board representative, and any other persons designated by the Board of Directors.
ARTICLE V Fiscal Procedures
Section 1. Fiscal and Membership Year
The fiscal and membership year shall be July 1 to June 30.
Section 2. Funds and Securities
The Treasurer shall invest and manage the funds and securities of the Association within policies established by the Board of Directors.
Section 3. Bonding
The President, Treasurer, and any other person entrusted with the handling of funds and property of the Association shall furnish, at the expense of the Association, a fidelity bond approved by the Board of Directors in such sums as the Board of Directors shall prescribe.
Section 4. Contracts, Letters of Intent
Upon approval of the membership by majority vote, all contracts, releases, agreements, and letters of intent or commitment made in the name of or on behalf of the Association shall be submitted to the Board of Directors for appropriate review and signature by a duly authorized person or persons.
Section 5. Noncompensation
No voting member of the Board of Directors shall receive compensation for services rendered.
ARTICLE VI Limitations of Liability
A. Nothing herein shall constitute members of the Association as partners for any purpose. No member, officer, director, agent, or employee of the Association shall be liable for the acts or failures to act on the part of any other member, officer, director, agent, or employee of the Association, nor shall any member, officer, director, agent, or employee be liable for his/her own act or failure to act under the Articles of Incorporation and Bylaws, except for acts or omissions arising from his/her willful misfeasance.
B. If authorized by the Board of Directors, the Association may purchase and maintain insurance against liability on behalf of each person who at any time is or shall have been an officer, employee, or agent of the Association to the full extent permitted by law.
ARTICLE VII Distribution of Assets
The Association shall use its funds only to accomplish the purposes specified in the Articles of Incorporation and Bylaws, and no part of such funds shall inure or be distributed to the members of the Association. On dissolution of the Association, the funds remaining shall be distributed to one or more regularly organized or qualified charitable, educational, scientific, or philanthropic organizations to be selected by the Board of Directors.
ARTICLE VIII Miscellaneous
Section 1. Interpretation of Articles of Incorporation and Bylaws
The Board of Directors shall be the final authority on the interpretation of the Articles of Incorporation and Bylaws.
Section 2. Rates and Charges
Nothing in any article of the Bylaws shall be construed to require or permit the Association or any of its boards or committees to articulate or advise in any way, formal or informal, in the setting of rates or charges, except for rates established by statute or by rules or by order of the court.
Section 3. Storage of Bylaws
These Bylaws contained herein shall be stored on at least two (2) separate memory media at separate locations and are to be maintained and updated as necessary by the Executive Director or by someone designated by the Board of Directors.
ARTICLE IX Code of Ethics
The National Court Reporters Association’s (NCRA) Code of Professional Ethics and Guidelines for Professional Practice shall be adopted and incorporated herein by reference (see Pages 6-7).
ARTICLE X Complaints and Charges
Section 1. Charges may be referred by any member against another member of this organization for dishonorable or unprofessional conduct or conduct prejudicial to the profession, but such charges must be in writing specifying fully the matters complained of and signed by the member making such charges or complaint.
Section 2. Upon the presentation of charges in the manner set forth in Section 1, it shall be the duty of the President to refer such charges or complaints to the Chairperson of the Ethics Committee for investigation and to report thereon at the next regular or special meeting of the Board of Directors.
Section 3. The Chairperson of the Ethics Committee shall distribute to the other members of the Committee the complaint or charges that have been filed. If the Committee determines that the complaint has no merit, then the complaining member shall be notified in writing and the matter shall be terminated. If the Committee determines that the complaint has merit, the Chairperson of the Ethics Committee shall forward a copy of the complaint to the member complained against, along with a copy of these complaint procedures and a copy of the Code of Professional Ethics, and request that the member respond to the complaint in writing within 30 days. When the 30-day period has elapsed, the Ethics Committee may reach its decision based on the complaint and the response, if any, or may obtain additional information. If so requested, the Committee may also grant an opportunity for the person making the complaint and the member complained of to be heard either in person, through legal counsel, or in a format agreed to by all parties. If the Committee determines there are disputed issues of fact that are material to its decisions, it shall grant either party an opportunity to present relevant information, including documents and witnesses, and an opportunity to cross-examine the witnesses called by the other party. The Committee shall be the judge of the relevance and materiality of any information offered and conformity to legal rules of evidence shall not be necessary. The Committee shall thereafter prepare a written report containing its findings and recommendations to the Board of Directors.
Section 4. Any member deemed to have committed dishonorable or unprofessional conduct or conduct prejudicial to the profession by the Ethics Committee may be suspended or expelled by a vote of three- fourths of the Board members present and entitled to vote at the meeting to which said report is made in accordance with the provisions of this Article, and if such action is taken, the same should be reported to the State Board of Examiners for Court Reporters.
ARTICLE XI Meetings
Section 1. The annual meeting of the Association shall be held at such time and place as may be designated by the Board of Directors with notice to be given at least fifteen (15) days prior to the meeting.
Section 2. Special meetings may be called at any time by the President or any other member of the Board of Directors upon their own motion. Special meetings shall also be called by the Secretary upon the written request of twelve (12) or more regular members. Such written request will specify the purpose of the special meeting. Notice of all special meetings shall be sent by the Executive Director to each of the requesting members at least five (5) days before the date of said meeting, and no business shall be transacted at any special meeting except such as specified in the notice thereof.
ARTICLE XII Quorum
At all regular and special meetings of this Association, the personal presence of twelve (12) members in good standing and entitled to vote shall be necessary in order to constitute a quorum for the transaction of business; PROVIDED, that at least two (2) of such twelve members shall not be officers of the Board of Directors of this Association. Unless otherwise specifically stated in these Bylaws, all decisions required to be made by a vote of the membership or Board of Directors shall be decided by a majority vote of those present and eligible to vote.
Section 1. Annual Dues
(a) The annual dues of this Association for all member groups shall be determined by a majority vote of the members present at an annual meeting and may be revised by a majority vote of the members present at an annual or specially called meeting of the Association.
(b) The annual dues are due and payable on July 1st of every year. The dues notices shall be contained in a separate mailing.
Section 2. Other Charges
Charges for meetings, activities, and materials shall be determined by the Board of Directors.
ARTICLE XIV Amendments
The power to adopt, repeal, and amend these Bylaws shall reside in the Board of Directors.