ESTABLISHED 2015
WE, THE PERUVIAN – AMERICAN ASSOCIATION OF CORPUS CHRISTI, AND OTHER MEMBERS OF THE CORPUS CHRISTI AND COASTAL BEND COMMUNITIES OF TEXAS, who share common interests from Peru and in the culture of the Peruvian people, we may establish this union of friendship dedicated to the cultivation and promotion of our Peruvian heritage, do ordain this Constitution for the Peruvian American Association of Corpus Christi of the Coastal Bend.
Article I DECLARATION OF PRINCIPLES
Section 1. The Peruvian-American Association of Corpus Christi is a socio-cultural, educational, and service organization whose life and sustenance derives from its members.
Section 2. The Peruvian-American Association of Corpus Christi shall not endorse any political party or candidate either directly or indirectly.
Section 3. This Constitution of Peruvian-American Association of Corpus Christi shall be the foundation of any Law, Rule, Procedure, or any other guideline by which the Association will operate and shall not be violated or changed except as provided for in this same Constitution.
Section 4. All Board of Directors, Chair members, Committees and Members should contribute to the Associations membership based on the amount established when becoming a part of Peruvian-American Association of Corpus Christi.
Article II THE EXECUTIVE BODY
Section 1. Board of Directors
The Executive and Legislative Powers shall be vested in the Board of Directors composed of President, Vice Presidents, Treasurer, and Secretary. The immediate past president and the next immediate past president, each shall hold office for a term of two years after election at large by a simple majority of the members present and voting. The members of the Board of Directors shall be collectively referred to as Officers or the Board.
• No person shall be eligible to hold office unless:
a) He is a member in good standing
b) Has attained to the age of 21 years
c) Has been a member during the twelve (12) months immediately preceding the election.
• No person shall be eligible for the position of President, Vice Presidents, Treasurer, and Secretary unless the person is eligible to hold office and has been an Officer for a whole term.
• Officers shall be eligible to be elected to not more than two consecutive terms in the same office.
• No Officer may hold office in another Peruvian Social Cultural Organization in the Coastal Bend.
• In the event of the death or resignation of a duly elected Officer, with the exception of the President, the Officers shall elect an Association member able and willing to fill the office so vacated until the next annual election of Officers.
• No two members of an immediate family can be elected as Board members.
Section 2. Meetings of the Board of Directors
• The Board of Directors shall meet at least the last Saturday of the month once every two months at a time and place they may so designate.
• No action of the Board of Directors is effective unless a quorum is present, such quorum being one-half of the Board membership plus one additional Board member.
• The Secretary shall keep a journal to record all the business transactions of the Board.
• No action of the President or any other Officer shall be effective without the affirmative vote of the majority of the Board members present.
• The Board of Directors shall elect from among the past presidents of the Association a parliamentarian who shall give the President advice on the rules of order, the Constitution, and the Code of Regulations. The Parliamentarian is neither an Officer, nor does he possess the right to vote at meetings of the Board of Directors. The Board of Directors may replace the parliamentarian at will.
Section 3. Office of the President
• The President shall preside at all meetings of the members and the Board of Directors and shall perform the duties usually pertaining to the office of the President to the extent that such duties shall not have been delegated by the Board of Directors to another officer, member, committee or board.
• The President shall prepare an annual operating budget to be approved by the Board no later than the first quarter of the year and published in the newsletter, website, and/or any media established by the association. The budget’s planned expenditures shall not exceed estimated revenues.
Section 4. Office of the First Vice President (Internal Affairs)
• The Vice President shall perform the duties of President in case of his death, resignation, or inability to act.
• The term for the Vice President will be the same as that of the present President, that is, for a period of two years. If the Vice President assumes the duty of the President before the President’s term has been completed, then the Vice President shall serve only the remaining term of the present President.
Section 5. Office of Secretary
• The Secretary shall be present in all meetings by physical presence, via phone or video-call of the Board of Directors, shall record minutes thereof in a book kept for that purpose, and shall give notice of all meetings.
• The Secretary shall have custody of and maintain all permanent records of the Association other than financial.
Section 6. Office of the Treasurer
• The Treasurer shall supervise the receipt, custody, control, and expenditure of all assets and liabilities of the Association except as stipulated further in this Section.
• A checking account in the name of the Association shall be opened, if not already open, at a Bank insured by the Federal Depository Insurance Corporation. This checking account shall serve as the Association’s operating account.
• Money accumulated by the Association over the years shall be henceforth referred to as the Sinking Fund. The Association shall establish and separately maintain from the operating account the Association’s Legacy Fund. This fund shall be used for purposes only as determined in the bylaws such; cultural, educational, and scholarships. A discussion and a two-thirds majority vote of the members present at an annual meeting or a special meeting called for the purpose should be for approval of the expense from the Sinking Fund, such amounts as approved shall be transferred to the operating account.
• The Treasurer and either by the President or Vice President must sign each check drawn against the operating account.
• A financial report should be presented every 6 months to the board and copy to all the members of the Peruvian –American Association of Corpus Christi.
• The Treasurer is responsible to do and perform with all the legal structures and obligations that is given by the city and government agencies. That includes but not limited to Taxes, Reports, etc.,
• The funds, books, and other financial records of the Association and the lists thereof shall be turned over by the immediate past Officers to the present Officers by the second Saturday of February following the inauguration.
Section 7. Committees for activities
• A Chair Member (adult) should be selected for each activity and should last from day one of the planning of event until the end of event.
• Each Chair Member shall choose his/her Committee based on his/her needs and should last the same amount of time that the Chair.
• Members of the Committee shall be eligible to be elected to not more than two consecutive terms in the same committee. So all members have the opportunity to participate.
• The Chair Member can be form later after the foundation of the Association by members of the Association
Section 8. Office Public Relations Officer (PR)
• The Public Relation Officer and his committee shall be responsible for the promotion of the Association’s image to the public, publicity of all its events and functions, and all the duties usually pertaining to such committee to the extent that the Board of Directors to another officer, person, committee, or board shall not have delegated such duties.
• The Public Relation Officer shall be the publisher of the Association newsletter and shall serve as chair of its editorial board.
• The Public Relation Officer can be form later after the foundation of the Association by members of the Association.
Section 9. Office of the Cultural/Social Chair
• The Cultural/Social Chair and his committee shall be responsible for planning and organizing the Association’s cultural and social events, and all the duties usually pertaining to such committee to the extent that such duties shall not have been delegated by the Board of Directors to another officer, person, committee, or board.
• All Cultural and Social events should be presented, voted and approved by the Board of Directors.
• The Cultural/Social Chair shall be responsible for all sports related competitions and any other sports and /or physical activities of the members.
• The Cultural and Social Chair shall be responsible to promote and educate the members of the Peruvian Association in regards of sports such as soccer, sapito, volleyball, surfing, sailing, shooting, tennis, etc.
• The Public Relation Officer can be form later after the foundation of the Association by members of the Association.
Section 10. Office of the Fundraising Chair
• The Fundraising Chair and his committee shall be responsible for preparing and proposed the projects to the Board of Directors.
• All fundraising projects should be presented, voted and approved by the Board of Directors. All fundraising projects should be organized and executed by the fundraising committee.
• The fundraising chair and committee are responsible for raising funds to support the Association’s activities, and all the duties usually pertaining to such committee to the extent that such duties shall not have been delegated by the Board of Directors or another officer, person, committee in the board. Unless, requested by the fundraising Chair and voted by Board of Directors.
• The Fundraising Chair can be form later after the foundation of the Association by members of the Association.
Section 11. Office of the Membership Chair
• The Membership Chair and his committee shall be responsible for recruiting new members, promoting renewals of current and past members and all the duties usually pertaining to such committee to the extent that such duties shall not have been delegated by the Board of Directors to another officer, person, committee, or board.
• All membership promotions, renewals, and related fees and recruitment should be presented, voted and approved by the Board of Directors.
• The Public Relation Officer can be form later after the foundation of the Association by members of the Association.
Section 12. Multiple Offices
• No member of the Board shall, during the time for which he was elected, be eligible for any other office in the Association.
Section 13. Transition.
• The funds, books, and other properties of the Association shall be turned over by the immediate past Board to the present Officers by the last day of January following the inauguration.
• The immediate past Board shall turn over to the present Board no less than ninety
(90) percent of the Association’s sinking fund.
• The Board shall take no action or actions that will cumulatively reduce the
Association’s legacy fund by more than ten (10) percent during the year, except upon ratification by a two-thirds majority vote of the members present at the next annual meeting or a special meeting called for the purpose.
Article III LEGISLATIVE DUTIES AND POWERS OF THE BOARD OF DIRECTORS
Section 1. Code of Regulations
The power to promulgate the Code of Regulations, the Laws which shall govern the Association, shall be vested in the Board of Directors, but no Law may be passed that is contrary to or circumvents, the Laws of the United States, the State of Texas, any Governmental Body in the State of Texas, or this Constitution.
Section 2. Impeachment
The Board of Directors shall have the sole Power to Impeach and the sole Power to try all Impeachment and when seated for the purpose, they shall all take an oath or affirmation. When the Association President is to be tried, the Chief Elder shall preside. No person shall be convicted without the concurrence of two thirds of the Association Officers present. Judgment in cases of Impeachment shall not extend beyond removal from office, and disqualification from holding any office of honor and trust in the Association.
Section 3. Proceedings and Removal from Office
The Board of Directors may determine the rules of its proceedings, punish its members for disorderly conduct, and, with the concurrence of two thirds, expel a member.
Section 4. Levies and Lawful Debts
The Board of Directors shall have the power to lay and collect levies to pay all lawful debts of the Association, but all such levies shall be uniform throughout the Association.
Section 5. Membership Rules
The Board of Directors shall establish a uniform Rule on Association membership.
Section 6. Peruvian Arts, Culture and Sports
The Board of Directors shall promote the Arts and Culture of the Peruvians and promote activities that enhance the camaraderie and unity of the members.
Article IV JUDICIARY
Section 1. The Tribunal of Elders.
The judicial power of the Peruvian-American Association of Corpus Christi of the Coastal Bend shall be vested in one Supreme Court, which shall be called the Tribunal of Elders.
Section 2. Jurisdiction
Judicial power of the Tribunal of Elders shall extend to all cases arising from this Constitution, the Laws of the Association, any external relations to other associations, all cases involving the Association and between members. In all cases affecting Officers or members, except in cases of Impeachment, the Tribunal of Elders shall have the sole appellate jurisdiction, both as to Law and Fact, with such exceptions, and such regulations as the Board of Directors shall make.
Section 3. Composition
• The Tribunal of Elders shall consist at any one time of seven past presidents.
• The Elders shall be appointed by the President and confirmed by the Board of Directors; they may not be removed from office before the end of their appointed term except for cause such as malfeasance in office, violation of this Constitution, conviction in a Court of Law of any crime involving mental turpitude, felony, misdemeanor, or any such offense as to cast a bad image to the association, but such removal shall only be after Impeachment by the Board of Directors.
• The Tribunal of Elders shall choose from among themselves a Chief Elder and Deputy Chief who shall serve for one year unless sooner removed from office for cause. The Deputy Chief shall act in the absence or inability of the Chief Elder.
• Immediately after they are assembled, as a result of their first appointment, after having elected from among themselves a Chief Elder, the remaining six Elders shall be divided into three groups. The Elders of the First Group shall be serve until the end of the first year, the Elders of the Second Group shall serve until the end of the second year, and the Elders of the Third Group shall serve until the end of the third year, so that one third may be appointed every year.
Section 4. Tribunal Proceedings and Quorum
• The Chief Elder shall preside over all proceedings of the Tribunal.
• The Tribunal shall appoint a clerk from among the members who shall record and report all proceedings and publish all opinions rendered by each and every Elder in office.
• The Tribunal of Elders shall not hear a case unless a quorum of the Tribunal exists, such quorum being a minimum of five Elders present to hear a case and render a decision or opinion.
• All subjoined discussions by the Elders among themselves on any case presented to the Tribunal shall be held in strict secrecy. Oral and written presentments and indictments shall be held in confidence until such time that the case is being heard by the Tribunal, or has been properly adjudicated.
Section 5. Inauguration
Newly Appointed Consultants the newly appointed Tribunal Consultants shall be sworn into office at the turnover meeting of the Board of Directors.
Article V MEETINGS OF MEMBERS
Section 1. Annual Official Meeting.
The annual meeting of the Association shall be held every First Saturday of December of each year, at a time and place designated by the Board of Directors, for presenting reports of incumbent officers and committees, for the nomination and election of new Officers, and such other business as may lawfully come before the meeting.
Section 2. Special Meetings.
A special meeting may be called at any time by the Board of Directors or on petition for such by ten percent or more of the members of the Association or the Chairs of Committees.
Section 3. Notice of Meetings.
Written notice of meetings stating the place, hour, date, and purpose thereof shall be emailed to every member not less than ten nor more than thirty days before such meeting.
Section 5. Quorum.
At all meetings of the members, a quorum shall consist of fifteen (15%) percent of the members of the Association.
Article VI SUFFRAGE
Section 1. Right to Vote.
• The right of every member of the Association aged twenty one years, or older, to vote shall not be denied or abridged by the Association on account of age, sex, race, color, religious belief, or lack thereof, or national origin.
• No member shall be eligible to vote unless he has been a member during the thirty days immediately preceding an election.
• Please see (Section 2. Enforcement. The Board of Directors shall have the power to enforce this article by appropriate legislation.)
Article VII AMENDMENTS TO THIS CONSTITUTION
Any and all amendments to The Constitution of the Peruvian-American Association of Corpus Christi shall be by an act of the Board of Directors and ratified by a two-thirds majority vote of the members present and voting in the affirmative at a special meeting called for that purpose, or at the annual meeting and elections.
Article VIII RATIFICATION
This Constitution of Peruvian-American Association of Corpus Christi shall take effect only after it has been ratified by a two-thirds majority vote of the members present and voting in the affirmative at a special meeting called for that purpose, or at the annual meeting to elect Officers.
Article IX DISSOLUTION
Upon the dissolution of this organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.
Maria Elizabeth Pastor
Founder 2015
END OF THE CONSTITUTION