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Q. What is the purpose of Chapter bylaws? A. The Bylaws are the governing documents of the Chapter and is there to guide the chapter board's actions and decisions. They are helpful in preventing or resolving conflicts and disagreements. They can protect the organization from potential problems by clearly outlining rules around authority levels, rights, and expectations.
Q. How do Chapters amend their bylaws? Step 1: The chapter bylaws committee reviews the current bylaws and propose amendments to the chapter Board. Suggestion: compare with CAMFT Bylaws Step 2: The chapter Board reviews and votes on proposed bylaw amendments Step 3: In order to ensure any proposed bylaw amendments do not conflict with CAMFT bylaws, the proposed bylaw amendments need to be reviewed by: (a) independent legal counsel and CAMFT, or (b) CAMFT only.
Q. We have added a Board member mid-year. Do I need to notify anyone? A. Yes! Please email Michele Champion, Chapter Relations Manager, at mchampion@camft.org to let her know so that we can update the Chapter Leadership listserv and our website/records.
Q. How many pre-licensees can we have on our chapter board? A. CAMFT’s bylaws state that a chapter’s board may be comprised of no more than 35% pre-licensed or associate members. Such members cannot serve as President of the chapter. If you would like to request a variance for one of these rules, please contact Michele Champion, Chapter Relations Manager, at mchampion@camft.org.
Q. Can our chapter cover costs for a board member to attend an event? A. If the event is related to the board member’s chapter duties, yes! The board member can be reimbursed for their expenses to attend such an event.
Q. Can our chapter board meet via electronic means? A. Yes! Board meetings can take place over the phone or videoconference, in addition to in-person meetings. Board meetings cannot take place over email, but email can be used for unanimous written consent for decisions.
Q. Can we change when our elections are held? A. If your chapter bylaws specify when elections are held, you would need to amend the bylaws to change the election date.
Q. Can our chapter have two individuals serve as co-Presidents? A. Please look at your chapter’s bylaws to make sure this practice is not prohibited and contact Michele Champion, Chapter Relations Manager at mchampion@camft.org for more information. While California Corporations Code does not prohibit this practice, it is not necessarily a best practice.
Board directors are called fiduciaries because they are legally responsible for managing a nonprofit entity’s assets. Board directors who diligently perform their fiduciary duties responsibly protect the organization’s reputation, which also falls into the category of a fiduciary duty.
Defining Fiduciary Duties: Nonprofit board members make many important decisions, such as recruiting and appointing new board directors, hiring and firing managers and other staff members, monitoring financial reports and conducting an annual audit. All of these duties fall under the duty of care, duty of loyalty or duty of obedience:
Specific duties:
The Vice President shall perform any and all duties of the President in the absence of the President and perform any other duties as assigned by the President.
Q: As a past Treasurer, what should I prepare for the transition meeting?
A: As complicated as this may seem, the preparation for this meeting mostly involves the transfer of documents, records, and contacts. It is important to compile all finance-related notebooks, binders, transaction logs, files, records and electronic document folders to hand over in the transition. These documents may include:
Q. What does Accounts Payable entail? A. It is important that chapters establish approval and authorization procedures for writing checks. The Treasurer/CFO/Financial Officer, who draws the checks, should not also have authority to approve expenditures based on their signature alone. These control procedures should address:
Q. When do we have to file with the IRS each year? A. Tax filings are due the 15th day of the 5th month after your tax year ends. If you do not file the e-postcard/990-N/990-EZ for three years in a row, you will lose your tax-exempt status. Click here for a link to the IRS website, so you can verify the form you need to use and instructions to complete the forms.
Q. How can I check my chapter’s nonprofit status? A. You can search the California Secretary of State’s website for your chapter name to see your status. Click on the Business tab and Search by Business. Be sure to search using both the acronym CAMFT and “California Association of Marriage and Family Therapists” written out.
Q. How long do I need to keep financial records?
Q. What are examples of how chapters can use their reserves? A. YCAMFT has a newly revised Reserve policy which may be useful to review. If your chapter is holding reserves in an investment account, you should also have an investment policy. Click here to view CAMFT's Investment Policy.
Q. Can we have sponsors for our events? A. Yes! If you would like an example of the disclaimer that CAMFT uses regarding sponsors, please email Michele Champion, Outreach Coordinator at mchampion@camft.org for more details.
Q. Help! Online scammers are targeting our chapter and posing as a board member over email to request money! A. If any board member receives an out-of-the-ordinary request for money by email, please call the “sender” of the email to verify. Scammers often pose as chapter presidents and email the treasurer to request money be wired or sent via check. They often use a generic email address, one similar to the actual email address, or even mask their email to make it appear that it came from the president’s email address. Please do not hesitate to confirm with another method of communication if the request for payment is not expected or the language seems “off.” It is a best practice to establish approval and authorization procedures for writing checks.
Chapters need to provide documentation to either CAMFT, the IRS, or their Insurance Carrier. Refer to the table below for IRS and Insurance deadlines. Refer to section III e) for CAMFT deadlines.
Annually
Q. 1099 vs Employee: How can I be sure to classify a worker correctly as either staff member, or independent contractor? A. In April 2018, the California Supreme Court adopted the so-called ABC test for state wage-order claims in Dynamex Operations West v. Superior Court. Under the new analysis, all three of the following factors MUST BE MET for a worker to be properly classified as an independent contractor:
Q. Does California's stringent independent contractor test apply retroactively, or only to new miss classification claims? A. The 9th U.S. Circuit Court of Appeals withdrew its recent decision on the matter and asked the California Supreme Court to weigh in. Miss classification claims are a frequent source of litigation because employees are entitled to a minimum wage, overtime pay and other benefits that independent contractors don't get. The California Supreme Court adopted a strict employee-friendly independent contractor standard in 2018, and earlier this year, the 9th Circuit held that the test applies retroactively.
strong>Many business groups were unhappy with the decision. Making the test retroactive may subject employers to liability for miss classifying workers as independent contractors even before the test was made law. In a July 22 order, however, the appeals court granted the employer's petition for a rehearing and said it would send the question about retro-activity to the state high court to decide.
Q. Does the ABC test apply only to wage-order claims in California? A. Yes. Different tests may apply under other state laws.
III. Current Chapter Responsibilities
Chapter Playbook Table of Content
V. Volunteer and Leader Recruitment