Bylaws

Humanitarian Organization for PhilantHropic Enthusiasm“HOPE”


HOPE
12/ 03 / 2017

This document is a directive guideline for the Board of Humanitarian Organization for Philanthropic Enthusiasm (HOPE). This document furnishes details on the organizational structure, purposes, the duties and functions of the Board of Directors, financial aspects and meeting of the Board. It will serve as the reference document for the Board of HOPE to help functioning smoothly.

 

Article 1: The organization

Article 2: Mission statement

Article 3: Logo

Article 4: Purpose of the organization 

Article 5: Office and Definition of some terminologies:

Article 6: Membership

Article 7: Board of Directors

Article 8: Other officials

Article 9: Quorum

Article 10: Advisory committee

Article 11: Financial Management

Article 12: Amendments

Article 13: Dissolution

Article 14: Miscellaneous

 

Back Ground of the organization

Humanitarian Organization for Philanthropic Enthusiasm (HOPE) is a group of energetic former Bhutanese refugee youths committed for creating a humanitarian environment among the Nepali/Bhutanese community, immigrants, refugees, but not limited to, nationwide.

 

Initially, the organization is to save and integrate the value of Nepali culture among resettled Bhutanese in the USA with their dignified manner. And moreover, HOPE will strive for promoting awareness on educational rights of Children, youth empowerment, integrity, excellence, creating awareness about its relevance and to develop vibrant cultural ethics in the community, and above all to keep-up the cultural identity.

 

Amidst very difficult and awful situation in the refugee camps we strived for saving our social values in the exiled Bhutanese Community in Nepal and thereby fulfilled the dream of many who were seen disgruntled with their own life being refugee with no certainty of their future.

 

After the dream of getting back to own homeland got shattered, the opportunity of relocation (resettlement) commenced in various parts of the globe, a need is felt to extend and upgrade the then and existing our moral as civilized and human loving people from Bhutan.

 

Now, HOPE shall be the representative youth organization in the Bhutanese community across the greater state of Ohio (and nationwide in the USA as felt necessary), with dedication to promote, preserve and develop our social values, arts and culture so as to maintain our ethnic cultural identity as Nepali speaking Bhutanese and to accept social diversity in the USA.

 

Article 1

The organization

There shall be a non-profit organization called Humanitarian Organization for Philanthropic Enthusiasm ‘HOPE’. Based up-on the will and interest of individuals or any groups, the organization shall represent all the Bhutanese residing legally in the state of Ohio and in any other states in the USA. HOPE will make connections with the other communities as well in-order to grow together with love, dignity, and honor.

Article 2

Mission statement

HOPE shall make all efforts to ensure the preservation of community values associated with health, education, and culture alongside the empowerment and self-sufficiency of every Bhutanese/Nepali on his/her social respect, the same relations and actions will be established with other communities too.

 

Article 3

Logo

It shall have a Human Circle holding hands around the globe with an image of symbolizing togetherness among all humans and their rights to live happily and peacefully extending cared support to each-other.  The word HOPE stays on the top of the human circled globe. Name of the organization and the year established (2017) will circle the globe, humans, the word HOPE as: “HUMANITARIAN ORGANIZATION FOR PHILANTHROPIC ENTHUSIASM.ESTD.:2017”

 

 Article 4 Location

The main registered office of HOPE shall remain in the city of Blacklick, in the state of Ohio. Other sub-offices can be established elsewhere in other states of the USA whenever deemed necessary.

 

Article 5

Powers and Purposes 

The organization is to be organized as a public charity exclusively for charitable, cultural, health, and educational purposes maintaining the relevance according to the definition of exempt organizations under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. The purposes and objectives, for which the organization has been formed, shall include but may not be limited to the following:

  1. To act and operate exclusively as a nonprofit corporation pursuant to the laws of the State of Ohio or any of the other states where programs may run, and the federal government laws, to act and operate as a charitable organization.
  1. To preserve and promote the various cultural aspects.
  1. To give special preference in preserving, protecting, and developing the sense of integrity, with a sense of dignified citizens of this nation (The USA).
  1. To regularly bring the online awareness programs and also publish other literary materials at different times.
  1. To organize, at different occasions, symposium, seminars and cultural programs for the exposition of relevance of our social values, intellectual and cultural backdrop with rest of the world.
  2. To exercise all such other powers as may be exercised by nonprofit organizations under the applicable laws of the States and the Country to carry out the purposes specified above.
  3. Help immigrants integrate into American lifestyle and also assist with the basic requirements such as credit building process, financial account maintenance, traffic system, jobs, and etcetera etcetera in coordination with the stakeholders.

 

Section 5.1 Powers:   The Organization shall have all the powers necessary to carry out the foregoing purposes and all the powers of non-profit corporations organized under the laws of the

State of Ohio (or, any of the states’ laws wherever programs may run) and the federal laws of the USA.

 

Section 5.2 Limitations:

(a) The Organization shall neither have nor exercise any power, nor shall it engage directly or indirectly in any activities that would invalidate its status as a corporation which is exempt from federal income taxation as an organization described in Section 501(c) (3) of the Internal Revenue Code of 1986, or any successor provision.

 

(b) The Corporation is not organized for pecuniary profit and shall not have any capital stock.  No part of its net earnings or of its principal shall inure to the benefit of any officer director of the Corporation, or any other individuals, partnership or corporation, but reimbursement for expenditures or the payment of reasonable compensation for services rendered shall not be deemed to be a distribution of earnings or principal.

 

(c) Up-On dissolution, after provision is made for payment of debts, all property of the Corporation, from whatever source arising, shall be distributed only to such organizations as are then exempt from tax by virtue of Section 501(c)(3) of the Internal Revenue Code of 1986, or any successor provisions, and as the Board of Directors of the organization shall determine, unless otherwise provided in the instrument from which the funds to be distributed derive.

 

(d) No substantial part of the activities of the Organization shall be carrying on propaganda, or otherwise attempting, to influence legislation, and the Corporation shall not participate in, or intervene in (including publishing or the distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public offices.

 

Article 6

Definition of some terminologies:

  1. By HOPE, it means Humanitarian Organization for Philanthropic Enthusiasm, which is the platform of Bhutanese-American youths dedicated for saving the vibrant identification of Nepali speaking Community in the state of Ohio and across the USA, simultaneously supporting to the other communities with their values and making ethical and supportive connections. This is a non-profit making and non-political organization. It is dedicated in preservation and promotion of languages, cultures, and diverse-values and steps up to “conflict management” (may have different literal meanings) among Bhutanese people with anyone from within the family to abroad which is about acting as a bridge in between the law enforcement and the community members.
  2. By ‘Bhutanese’, it is meant to understand as former or current Bhutanese citizens, Bhutanese refugees registered in the UNHCR managed camps in Nepal or Bhutanese living in India and resettled Bhutanese in various parts of the world and their descendent.
  3. By ‘bylaws’ it means the present constitution of this organization.
  4. By ‘organization’ it means HOPE.

 

Article 6

Membership

There won’t be members in HOPE but interested individuals may enroll as community volunteers through HOPE’s official website and if they make any financial contribution, that will be the voluntary donation, not the membership fee. Donation to a non-profit under 501 (C) (3) will be eligible for the tax exemption as HOPE keeps its status valid with the IRS.

 

Article 7

 Board of Directors

The governing body of the organization shall be the board of directors and are all volunteers. The board shall be the highest decision making body of HOPE. The board shall be headed by a Chairman elected by the members of board of directors. The election of board chair shall be done by a simple majority of the members of Board of Directors.

An executive committee shall be formed from among or outside of the board members who shall function on behalf of the board for carrying out all official duties. Such members may be appointed by the Board Chairman, with an approval of one-third board members.

 

Other sub-committees may be formed by the board as per the need of programs and activities undertaken.

 

The Board of Directors as a unit shall bear the fiduciary and legal responsibilities for HOPE.

 

The executive members shall have the function of overseeing various programs of HOPE as may be necessary for promoting its objectives.

 

7.1 Responsibilities of Board of Directors: Beside other functions not described here, basic responsibilities of the board of directors constitutes: Determines mission and purpose, select the chief executive officer, Support and evaluate the chief executive, ensure effective planning, monitor, strengthen programs and services, ensure adequate financial resources, protect assets and provide proper financial oversight, ensure legal and ethical integrity, enhance HOPE’s public standing

 

7.2 Compensation.  Directors shall not receive salaries for their services, but by resolution of the Board of Directors, expenses of attendance, if any, may be allowed for attendance at any regular or special meeting of the Board.  The Corporation shall not provide personal loans to anyone.

 

 7.3 Removal

Any board member who is not found capable to carry out the assigned duties and who does not attend more than five consecutive meetings or does not respond to the call for meetings more than five times shall be removed by the order of board chair, recommended by simple majority of board members. A board member may also be removed with or without cause if seen hampering the objectives and moral of the Organization or if found violating the states or federal laws.

 

7.4 Resignation

  1. Resignation from any positions is the right of individual; but a board member of the executive committee is required to serve the organization for at least twelve months in the designated position before deciding to resign.
  2. Resignation can be accepted only after having sufficient reasons. All other board members shall function at least for two years before resigning.
  • Any vacant positions so formed after the resignation of a member shall be filled up as per the need, with taking resolutions from the board meetings.
  1. In case resignation is given by an executive committee member before termination of his/her office-term or if an executive member falls in disciplinary action or in case of demise or insanity of executive member then alternative arrangement can be made by executive committee or if it can’t be made it should be forwarded to council assembly.
  2. The resignation should be submitted to the secretary or to the chairman considering hierarchy of position.
  3. Resignation (from any post or position) once submitted shall be accepted, however one chance shall be given to withdraw it in case if any damage is not done to the organization by such person.

 

7.5 Tenure

The tenure of the board of directors shall be of five years. The first elected Board of Directors shall serve at least for two years from the date of their election. The signers of the Article of Incorporation shall elect at least five board members, who in turn shall elect other Board members and officials.

 

7.5 Meetings:

Meeting of Board of Directors and officials shall be both virtual and physical. The board shall meet at least four times a year, but may meet more than that, if any emergency arises. Notice of the meeting shall be given via text, email or call at least a week earlier. Virtual meetings are considered valid. All proceedings of the meetings shall be recorded in meeting minutes.

Any meeting shall be adjourned until further notice if the required quorum is not fulfilled.

 

7.5 Officers and Agents

There shall be minimum of four officials- Chairman, Vice-Chairman, Secretary, Treasurer; other officials and agents can be appointed by the board as deemed necessary.

 

Section 1 Chairman

Chairman shall chair all of the meetings of the BOD. Chairman manages and provides leadership to the BOD of the organization. He/she must be accountable to the board and acts as a direct representative between the board members and stakeholders.

 

Section 2 Vice-Chairman

   The vice-chairman assists in carrying out the functions of the organization and performs designated duties assigned to him/her. The vice-chairman collaborates with the BOD and staffs to evaluate the performance of the executives.

 

Section 3 Secretary:

All administrative functions of the organization shall be looked after by the secretary for general administration. He/she shall be responsible for maintaining all official records of the organization and filing them. The chief responsibility of the secretary shall be, but not limited to, keeping minutes of all meetings of the executive committee, board of directors, and the advisory committee.

It shall be the responsibility of secretary for general administration, to appraise the executive director and deputy executive director of any discrepancies or inconsistencies in the planning and decision making process. The secretary shall also be responsible to call meetings of the executive committee, or other committees, whenever necessary besides the regular calendar meetings.

 

Section 4 Treasurer

The treasurer shall be chiefly responsible to raise funds and maintain treasury of HOPE. He/she shall have the duty to prepare annual budget, oversee income and expenditures and make appropriations to ongoing programs. He/she shall be responsible to mobilize sources of funding, make appropriate expenditures and sign all transaction vouchers. It shall be the duty of treasurer to announce a total outlay of the budget for a year at the initial meeting of the board and make formal closing of the budget at the end of fiscal year or the term.

 

7.3 Other officials

7.3.1 Outreach Coordinator:

The Outreach Coordinators or public relation officers shall be responsible to foster both intra and intercommunity relationship. Also, he/she shall be the liaison for HOPE to establish an effective coordination between governmental bodies, Bhutanese community organizations, other community organizations, or resettlement agencies, as necessary. He / She shall play proactive role in reporting any conflict of interest or disputes to the board for timely solution.

 

7.3.2 Coordinator, Cultural affairs

All activities of cultural significance such as promotion of language, literature, arts, and music are the cultural affairs of the community. He/she shall work actively in promoting literature, arts, music and the folk cultures to the highest extent of possibilities. He/ She shall take part in various world cultural festivals or fairs upon receiving an invitation when accessible.

 

7.3.4 Coordinator, Adult education: The Adult education coordinator shall be in-charge of all affairs of developing manual for volunteers who run citizenship classes in respective cities and states, help accelerate the syllabus making process and work towards introducing USCIS on our social nature upon the educational aspects.  He/ She shall form committees and clubs on behalf of HOPE mainly focusing for the Citizenship classes, seek trainings and seminars, and report to the executive on all matters stated above.

 

The position of coordinators is subject to change or eliminate as per the programs and projects indeed, the budget, as may be decided by the board. The structure of the executive committee is subject to adjust according to the need that may arise in future.

 

Duties and functions of respective Office bearers:

BOD Chairman:

  • Shall act as the guardian of the organization.
  • Shall call meetings of the Board on the recommendation of executive committee of HOPE or when a written application is given by one third members of HOPE to convene meetings of the BOD.
  • Shall not exercise any executive rights.
  • Shall chair the meeting of BOD.
  • Shall deal with the resignation of Executive Director of HOPE.
  • Shall act in the best interest of Council.
  • Shall cast special vote in case of a tie in Council BOD.

 

Article 8 Executive Director: Executive Director shall be hired by the board to manage all programs and activities of HOPE, who may hire other staffs as per need. The Executive Director shall be fully responsible to the board and reports to the board of all day to day affairs of programs and projects. Also,

  • Provides leadership to the organization discharging the administrative responsibilities.
  • Upholds legal, administrative, literary and social responsibilities as the executive head of the organization.
  • Works / makes others work for the good of the organization with full allegiance
  • Maintains relation and communicates with various social organizations.
  • Accepts the resignation of the office bearers below his/her position.
  • Keeps the official documents.
  • Assigns responsibilities to office bearers below his/her position.
  • Seeks clarification from other office bearers in case of doubt or suspiciousness on latter’s conduct or lapses in latter’s duties.
  • Chairs the meeting of the executive committee of HOPE.
  • Looks for ways of financial mobilization to strengthen the financial position of the organization.
  • Prepares periodical and annual reports as to the performance and activities of the organization and to present them wherever and whenever necessary.

 

Deputy Executive Director

  • Discharges all the functions and duties of the executive director in his/her absence.
  • Deputy executive director is responsible to discharge day-to-day activities of the organization.

 

Administrative Secretary

  • Discharges day- to -day administrative duties of the organization.
  • Co-ordinates the activities of various sections of this organization.
  • Acts as directed by the Executive Director.
  • Organizes meetings, programs, conclave (closed sessions) etc.
  • Prepares letters, reports, documents etc. whenever necessary.
  • Prepare agendas for a meeting in consultation with Executive Director and other office bearers and disseminate the information to concern persons and to prepare the minutes of a meeting.
  • Keeps all the official documents, others records, correspondence etc. safe in custody.
  • Implements the policies and guidelines passed by BOD.
  • Overviews volunteers and keeps the records thereof.

 

Treasurer

  • Keeps full records of the financial activities of the executive body of the HOPE.
  • Acts and explores ways lawfully for the mobilization of financial resources.
  • Disburses the fund as directed by ED or on any other regular activities.
  • Works in co-ordination with other sections as well.
  • Prepares financial report and presents in meeting of BOD/General meeting.
  • Be accountable and transparent for any financial dealings.
  • Proves all of the transactions with the receipts.

 

Article 9: Quorum

One third majority of the total number of Board of Directors shall constitute the quorum for taking any decision by the board. A meeting shall be adjourned if one-third of the board members are not present (literally). However, critical decisions impacting the future of organization shall be made only with the two-third majority of the Board Members.

 

Article10: Advisory committee

A committee comprising of prominent members of Bhutanese community as well as outside the community shall be selected by the board. Advisory committee shall have members not exceeding eleven and not less than five, the individuals who are resourceful in terms of knowledge in social aspects and literary values and who can invest valuable ideas to overcome difficulties within the Bhutanese and others in the USA. The advisory board shall enjoy a minimum term of seven years.

 

The advisory body shall be consulted by the Board/Executive whenever an unforeseen situation of crisis arises or any matter that cannot be solved by the majority of Board Members. It shall not have any immediate functions in the Board.

 

Article 11: Financial Management

The fiscal year for operating the budget of HOPE shall be of One year from 1 January to 31 December.

 

  1. Funds shall be generated by soliciting donation and Grants.
  1. It shall seek unconditional financial assistances from various organizations and well-wishers and it can also accept the grants from government and non-governmental organizations.
  2. The responsibility of keeping all the financial records transparent and up-to-date shall remain in the hand of Treasurer.
  1. All revenue and expenses must be proven by the receipts.
  2. Withdrawal of any amount from the organization’s account should be signed by ED, Treasurer and Secretary. In absence of the designated signatories, authorized board members can sign.
  3. Any spending for meeting, the project cost should be done by a joint consultation of the board chair, ED, Deputy ED and the Treasurer.
  4. Every year auditing of the financial activities of the organization shall be done.

 

Article 12: Amendments

The Bylaws of the organization are flexible to be amended as deemed necessary. But amendments shall be brought only at interval of three years, proposed by disinterested members who serve at least two years in the board. Amendments shall be done only by a sitting of the board of directors with two third majorities. The amendments shall bring a negotiable change to the clauses felt most ineffective and contradictory. Any changes to the number and function of the board members and the officials, if felt necessary, shall also be incorporated in the amendments.

 

Article 13: Dissolution

  1. Humanitarian Organization for Philanthropic Enthusiasm –HOPE shall have perpetual existence unless decided otherwise through a special resolution passed by the BOD with two third majority.
  2. Dissolution is unexpected and this clause cannot be used purposely by self-interested groups in organization and before it is dissolved thorough discussions need to be held and, only and only if, rightful solution cannot be sought to continue it due to differences in opinion and conflict in interest of the members it shall be dissolved.
  3. Upon dissolution every physical and non-physical property shall go to as mentioned in article 5, section 5.2 of this bylaws or incase no more than two members are alive on its behalf or can’t be handled by them when they are asked it shall be decided by the BOD and as to the monetary and physical property of this organization, it shall be given as a donation to a  philanthropic organizations in accordance with the decision of BOD.

 

Article 14: Miscellaneous

Branch-units:

  • The branch- unit of HOPE can be opened in any states wherever deemed necessary under the states or federal laws.
  • Regional representative of HOPE for that particular region shall be the Director of that particular region.
  • Regional representative of HOPE shall be nominated by the BOD.