Branch By-Laws
BY-LAWS AND RULES OF ORDER Of the NORTH CAROLINA STUDENT ENGINEERING BRANCH Of the AMERICAN SOCIETY OF AGRICULTURAL & BIOLOGICAL ENGINEERS
As Adopted February 21, 2023
ARTICLE I – NAME AND OBJECT
Section 1. The name of this organization shall be the North Carolina Student Engineering Branch of the American Society of Agricultural & Biological Engineers (ASABE) operating under the legal name of ASABE at NC State, and shall be located at D.S. Weaver Laboratories, North Carolina State University, Raleigh, NC.
Section 2. It shall be the object of the Branch to promote directly and indirectly the science and art of engineering in agricultural, food, and biological systems; to encourage original research; to foster education; to advance the standards of engineering; to increase and extend the association of agricultural, food, and biological systems engineers among themselves and with allied scientists and technologists; to encourage the professional development of its members, and severally and in cooperation with other groups to broaden the usefulness of agricultural, food, and biological systems engineering.
Section 3. These By-laws, and any Rules adopted in connection herewith, shall conform to the rules, regulations, and policies of the American Society of Agricultural & Biological Engineers pertaining to its student branches. In addition this Branch shall at every opportunity endeavor to bring its individual members and faculty into a closer affiliation with one another.
Section 4. Discrimination based upon race, color, religion, creed, sex, national origin, age, disability, veteran status, or sexual orientation is in violation of federal and state law and North Carolina State University policy, and will not be tolerated by ASABE.
ARTICLE II – MEMBERSHIP
Section 1. Members shall be undergraduate or graduate students enrolled in any engineering or technology curriculums in the Department of Biological and Agricultural Engineering as shown by the rolls of North Carolina State University or enrolled in a related curriculum and who demonstrate an interest in agricultural and biological engineering.
Section 2. Any member of the Branch, who has violated these by-laws, or who is guilty of conduct unbecoming a member, may be expelled by a two-thirds vote of the members of the Branch present and voting at a regular or special business meeting, after he or she has been given an opportunity to be heard in his or her own defense, either orally or in writing.
Section 3. A member is assumed to be in good standing, and will remain so, if they pay their dues as provided in ARTICLE VII and meet the following requirements each semester: (1) participate in at least one Branch sponsored activity or event, and (2) attend at least two (2) meetings per semester. These requirements must be met to be considered a member in good standing, and only members in good standing may vote on Branch issues.
ARTICLE III – OFFICERS
Section 1. Officers of the Branch shall be President, Vice-President, Secretary, Treasurer, Faculty Advisor, and such other officers as may be approved by the Executive Board of the ASABE.
Section 2. The President shall preside at all meetings when present. She or he shall appoint committees which are not otherwise provided for in these by-laws or which may be authorized by vote of the Branch at any business meeting. He or she shall assume active leadership of the Branch and perform other customary duties of the office.
It is every incoming, non-incumbent, President’s duty to update the organization’s Employer Identification Number (EIN) as the new responsible party by completing the Change of Address or Responsible Party (IRS Form No. 8822-B) and submitting it to the IRS within Thirty (30) days of taking office.
Any questions can be addressed to University Student Legal Services.
Section 3. The Vice-President shall preside in the absence of the President and assist him or her in their duties. In conjunction with the President, the Vice-President shall be responsible for leading program planning for all regular meetings. The Vice-President shall also counsel with the NC State competition teams that will represent the university and the Branch at the Annual International Meeting of ASABE to foster collaboration between the groups.
Section 4. The Secretary shall perform all customary duties of the office, including correspondence of the Branch and maintaining accurate Branch meetings attendance records. The secretary shall also be responsible for maintaining the Branch’s website in a timely manner.
Section 5. The Treasurer shall receive all funds due the Branch, including dues, properly care for such funds, and upon authorization by vote of the Branch disperse those funds to meet the obligations of the Branch. Proper financial records shall be kept at all times. The Treasurer shall also serve as the Chairman of the Finance Committee.
The Treasurer is responsible for timely filing the organization’s annual tax form (IRS Form No. 990, 990-EZ or 990-N) no later than May 15th of each year.
Any questions can be addressed to University Student Legal Services.
Section 6. The Outreach Chair shall be responsible for all advertising of club events and fundraising awareness. He or she shall counsel with the Secretary to complete tasks.
Section 7. The Faculty Advisor(s) shall be the official representative between the Branch and the Department of Biological and Agricultural Engineering. They shall counsel with officers, members and committees of the Branch and assist toward the highest accomplishment of the organization. They shall be a member in good standing of the ASABE. If the Branch deems necessary, more than one Faculty Advisor may be elected.
Section 8. All officers of the Branch with exception of Faculty Advisor(s) shall be undergraduates of the grade of Member. A candidate for President must be one who has been a member in good standing and is in his or her junior or senior year. Other officers must be at least in their sophomore year, and be in good standing with the Branch.
Section 9. Any officer, for conduct unbecoming his or her office, and after specific charges have been filed with and investigated by the Executive Committee, may be removed by a two-thirds vote of all members of the Branch. Notification of advisor(s) is required before charges may be filed.
Section 10. Upcoming branch officers shall be elected through a majority vote of members in good standing.
ARTICLE IV – COMMITTEES
Section 1. The Executive Committee shall consist of Branch officers, committee chairs, council representatives and such other members that the president chooses to appoint.
Section 2. The following committees shall be formed as needed and shall submit written and oral reports to the Branch periodically.
Membership Committee
Finance Committee
Public Relations Committee
Special Activities Committee
External Outreach Committee
Section 3. The Membership Committee Chair shall be responsible for materials and this organization and recruitment and activities related to promotion of retention of members.
Section 4. The Finance Committee Chair shall be responsible for identifying opportunities for fund-raising and completing applications for appropriations from supporting organizations including, Student Government, Engineer’s Council, Agri-Life Council and the NC State Section of ASABE.
Section 5. The Public Relations Committee Chair shall be responsible for giving notice of all upcoming Branch functions in all suitable media. He or she shall also provide reports of Branch activities to the campus papers or magazines as directed by the Executive Committee.
Section 6. The Special Activities Committee Chair shall be responsible for coordinating club participation in campus activities, fund-raising, service projects and selected field trips.
Section 7. The External Outreach Committee Chair shall be responsible for connecting with outside organizations to promote the Branch and share information about opportunities to be involved in the NC State Section of ASABE. The goal of the Outreach Committee is to increase awareness of the Biological and Agricultural Engineering Disciplines.
Section 8. The Membership Chair, Public Relations Chair, External Outreach Chair, and the Special Activities Chair shall be elected by the membership as necessary.
Section 9. Two-thirds of the Executive Committee shall constitute a quorum for the transactions of any business not requiring action at a full Branch meeting.
Section 10. The President of the Branch shall have the power to appoint a chair of his or her choice for any committee he or she feels is necessary or is authorized to form by vote of the Branch. The President and the committee chair shall have joint responsibility for selecting an appropriate number of committee members. The President shall be an ex-officio member of all committees.
Section 11. Any committee member or chair may be relieved of his or her appointment by unanimous Executive Committee vote or two-thirds vote of the Members of the Branch.
Section 12. None of the previous or subsequent rules shall be construed to mean that Members of any grade may not hold as many committee appointments as they feel they are able.
ARTICLE V COUNCIL REPRESENTATIVES
Section 1. The Engineering Council Representative shall represent the Branch at all Engineering Council meetings and shall make suitable reports to the Branch at regular meetings of the Branch. This position is contingent on the Branch’s representative being elected to the Engineering Council.
Section 2. There shall be two (2) College of Agriculture and Life Sciences Council Representatives. These representatives shall represent the Branch at all CALS Council meetings and shall make suitable reports to the Branch at regular meetings of the Branch. Two representatives of at least sophomore standing shall be elected each year.
Section 3. These council members shall be elected at the same time as Executive Board elections before the end of the spring semester, when the current officer team decides to hold elections.
ARTICLE VI – MEETINGS
Section 1. The Branch shall hold regular meetings during the fall and spring semesters for the conduction of business and the presentation of professional and other suitable programs.
Section 2. The Executive Board shall meet regularly, between Branch meetings but may postpone regular meetings or call special meetings when it judges such actions to be in the best interests of the Branch.
Section 3. All Branch meetings shall be conducted in accordance with Robert’s Rules of Order and all elections and voting shall be done in the most democratic manner possible in the judgment of the Branch, and only by members who are deemed to be in good standing.
ARTICLE VII – DUES AND FUNDING
Section 1. Branch members are required to pay dues of $5 per scholastic semester. National ASABE Student Membership is strongly encouraged, but not required and will not substitute for these dues.
Section 2. Only members in good standing are eligible for member rates at any local Branch activities or functions requiring participant funding.
ARTICLE VIII – PROCEDURAL
Section 1. These By-laws shall become effective when ratified by a three-fourths vote of the Members in good standing present at any regular or special meeting called for that purpose.
Section 2. Any amendment to these By-laws may be adopted by a two-thirds vote of the Members in good standing present at any meeting.
ARTICLE IX – PROHIBITED ACTIVITIES
Section 1. No part of the net earnings of the corporation shall inure to the benefit of or be distributable to, its members, directors, officers, or other private persons except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of purposes set forth in these articles of incorporation.
No substantial part of the activities of the corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the corporation shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provisions of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Code or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Code.
ARTICLE X – METHOD OF DISSOLUTION OF ORGANIZATION
Section 1. Should the North Carolina Student Engineering Branch of the American Society of Agricultural & Biological Engineers fail to follow the appropriate code of conduct or lack a sufficient number of members it will go through dissolution. Any remaining funds or assets will be transferred to a Department of Biological and Agricultural Engineering endowment account used solely to fund undergraduate student scholarships and research. If any debt exists the spending account of the NC Section ASABE student activities endowment fund will be used to pay the debt back.
Section 2. Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the 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. Any such assets not so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.