Restated as of April 18, 2002
With amendment from April 2008
Name and Purpose
Section 1. The Section shall be known as the Trust and Estate Section of the Colorado Bar Association (sometimes referred to as “Association”).
Section 2. The purposes of this Section shall be to promote the objects of the Colorado Bar Association within the field of trust and estate law and, to that end, promote an interest in trust and estate law among the members of the Bar and other citizens of Colorado, to foster and recommend legislation in this field in the furtherance of public interests and generally to serve the members of the Bar who are interested in trust and estate law.
Section 1. Each member of the Section shall pay to the Colorado Bar Association annual dues of One Dollar or such larger sum consistent with the policies of the Colorado Bar Association as may be fixed by the Section at any meeting thereof or as may be fixed by the Council of the Section. Any member or Associate Member of the Colorado Bar Association, upon request to the Executive Secretary of the Association and upon payment of dues for the current year, shall be enrolled as a member of this Section. Any member of the Section whose annual dues shall be more than six months past due may be dropped from the rolls of the Section.
Section 2. Associate members of the Colorado Bar Association who are members of the Section, but who are not licensed to practice law in the State of Colorado, shall be entitled to attend all meeting of the full Section, including Council and Section committee meetings, and shall receive all Section materials and benefits available to Section members. Further, such associate members shall be entitled to serve on special committees of the Section and to fully participate in, and vote at, such committee meetings and activities; provided, however, that such Associate members shall neither serve as an officer or council member of the Section nor vote at Section meetings.
Section 1. The officers of this Section shall be a Chair, Vice-Chair and Secretary/Treasurer, who shall be nominated and elected at the annual meeting of the Section. Each officer shall serve for a term commencing on July 1 of the year of his or her election and ending on June 30 of the year subsequent to such election or until his or her successor shall have been elected and qualified.
Section 2. Vacancies in the offices of the Section shall be filled for the unexpired term by the Council as herein-after provided.
Section 3. The Chair shall preside at all meetings of the Section and of the Council. The chair shall present at each annual meeting of the Colorado Bar Association a report of the work of the Section for the past year. The chair shall perform such other duties as usually pertain to the office of the Chair.
Section 4. Upon the death, resignation, or during the disability, of the Chair, or upon his or her refusal to act, the Vice-Chair shall perform the duties of the Chair. The Vice-Chair shall perform such other duties as may be assigned to him or her by the Council or the Chair.
Section 5. The Secretary/Treasurer shall be the custodian of all books, papers and other property of the Section except money. The Secretary/Treasurer shall be the fiscal officer of the Section and shall keep an accurate record of all moneys appropriated to and expended for the use of the Section. The Secretary/Treasurer shall keep a true record of the proceedings of all meetings of the Section and the Council. The Secretary/Treasurer shall perform such other duties as usually pertain to his or her office or may be assigned by the Council or by the Chair.
Section 6. Prior to the December meeting of the Council, the Chair shall appoint a nominating committee consisting of the Chair and the three most immediate Past-Chairs available. The committee shall report to the January meeting of the Council its nominations for the offices of the Chair, Vice-Chair, Secretary/Treasurer and Council members whose terms will expire on June 30 of the year of the annual meeting. The Council shall cause a notice of the annual meeting of the Section to be given to the members of the Section no less than 30 days nor more than 60 days prior to the annual meeting. The notice shall contain a summary of any proposed ByLaw changes recommended by the Council and the slate of candidates nominated by the nominating committee. The notice may be given by mail, facsimile or email. Any Section member may make an additional nomination of an officer or Council member to be voted upon at the annual meeting by delivery of said additional nomination to the Chair in writing, at least two weeks prior to the annual meeting. All elections shall be by voice vote unless otherwise ordered by resolution adopted by the Section at the annual meeting at which the election is held.
Section 1. The Council of this Section shall consist of the Chair, Vice-Chair, Secretary/Treasurer, six Council members, and the Chair of the Section for the preceding year. The Council shall have general supervision and control of the affairs of the Section, subject to the Constitution and Bylaws of the Colorado Bar Association and the Bylaws of this Section. It shall authorize all commitments or contracts which shall entail the payment of money and shall, by the adoption of a budget or otherwise, authorize the expenditure of all moneys appropriated for the use or benefit of the Section. It shall not, however, authorize commitments or contracts which entail the payment of money during any fiscal year in excess of the amount which shall have been previously appropriated to the Section for that year.
Section 2. The Council may authorize the Chair to appoint special committees from Section members to perform such duties and exercise such powers as the Council may direct, subject to the limitations of these Bylaws.
Section 3. Each year three members of the Council shall be elected at the annual meeting of the Section for terms of two years, such terms commencing on July 1 of the year of such meeting. For the term commencing July 1, 1997, the Council shall elect 4 members. One will serve for a one year term and three for a two year term.
Section 4. If any member of the Council shall fail to attend two successive meetings of the Council, and if his or her absence is not excused by action at either meeting, then the office held by such member shall be deemed to be vacated, provided, however that ten days’ notice in writing shall have been given to such member by the Secretary/Treasurer of each such meeting.
Section 5. The Council, during the interim between annual meetings of the Section, may fill vacancies in its membership or in the offices of the Section; provided, however, the office of Chair shall be filled automatically by the Vice-Chair.
Section 6. A majority of the Council members and officers shall constitute a quorum for the transaction or business of the Council. The Council, however, may act by the submission to the Council members in writing of proposed action, and on any such submission, the Council may act only by the majority agreement of the whole Council. Meetings of the Council may be called by the Chair on such reasonable notice as circumstances permit.
Section 1. The annual meeting at the Section shall be held on the third Thursday of April at 3:30 p.m. in the offices of the Colorado Bar Association, with such program and order of business as may be arranged by the Council.
Section 2. Special meetings of the Section may be called by the Chair upon approval of the Council, at such time and place as the Council may determine.
Section 3. The members of the Section present at any meeting shall constitute a quorum for the transaction of business.
Section 4. All binding action of the Section shall be by a majority vote of the members present.
Section 1. The fiscal year of the Section shall be the same as that of the Colorado Bar Association.
Section 2. All bills incurred by the Section, before being forwarded to the Treasurer of the Colorado Bar Association for payment, shall be approved by the Chair or the Secretary/Treasurer, or, if the Council shall so direct, by both of them.
Section 3. No salary or compensation shall be paid to any officer, council member or member of a committee.
Section 4. Any action by this Section must be approved by the Colorado Bar Association before the same becomes effective as the action of the Colorado Bar Association. Any resolution adopted or action taken by this Section may on request of the Section be reported by the Chair of the Section to the annual meeting of the Colorado Bar Association for the Association’s action thereon.
Section 5. These Bylaws shall become effective upon the approval thereof upon recommendation of the Board of Governors of the Colorado Bar Association and by this Section.
These Bylaws may be amended at any annual or special meeting to the Section by a majority vote of the members of the Section present and voting.