Constitution & By-Laws

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Constitution of the Pemberton Family World Wide

Go to By-Laws


ARTICLE I – Name:
This association shall be known as the Pemberton Family World Wide (PFWW).gavel

ARTICLE II – Objectives:
The objectives of the Pemberton Family World Wide shall be to strengthen the ties of kinship and fellowship among living members of the family, to maintain family unity through frequent association of family members in a social way; to strengthen families; to perpetuate the memory and genealogy of Pemberton ancestors and descendants by combining the resources and efforts of its members in performing biographical and genealogical research; and to unify the genealogical, historical, and biographical research necessary for the compilation of a complete and accurate family record.

This association is and shall operate as a non-profit entity. All funds or other assests coming into the PFWW from all sources whatsoever, shall be used only in pursuance of these objectives and within the rules and guidelines stated in this Constitution and its By-Laws.

ARTICLE III – Membership:
All Pemberton descendants and their husbands or wives are eligible for membership in the Pemberton Family World Wide. Persons who are not Pemberton descendants but who are interested in the family history of Pemberton ancestors and descendants are welcome members of the family association. Any person who is eligible may become a member of the Pemberton Family World Wide by paying the dues required to sustain membership and research.

ARTICLE IV – Meetings:
The meetings of the Pemberton Family World Wide shall consist of an Annual Meeting and such other meetings or reunions as may be approved by the Executive Committee. The Annual Meeting shall be held at a time and place determined by the Executive Committee. The agenda of the Annual Meeting shall include any necessary elections of officers and presentation of business matters, supplemented by such other general activities as may be presented by the Executive Committee.

ARTICLE V – Officers:
The elected officers of the Pemberton Family World Wide shall consist of a President, one or more Vice-Presidents, a Secretary and a Treasurer whose positions may be combined.  The elections of officers shall be held in connection with every second Annual Meeting of the family association, beginning with the first Annual Meeting of 2012. The officers’ term of office shall begin at the close of the business session at which they are elected and shall end after a period of approximately two years at the end of the Annual Meeting where they are either duly replaced or retained in their respective posts. Failure to hold the Annual Meeting or any election of officers shall not disorganize the family association. Two or more of the offices may be held simultaneously.

The elected officers of the PFWW constitute its Executive Board. The Executive Board and the Chairs of Committees established in the By-Laws constitute the Executive Committee of the PFWW.

All officers, committee chairs, etc. serve without remuneration.

ARTICLE VI – Committees:
The Executive Board shall set up committees and make special assignments (such as Committee Chairmen) as necessary in administering the programmes of the Pemberton Family World Wide. Such committees include, but are not limited to Social, Membership, Programme and Publicity Committees. The Executive Board may also appoint a member Genealogist, Historian, Editor and Technologist each of which may chair a relevant committee. Committee appointments and special assignments may be temporary or permanent, but such appointments and assignments shall be considered as fulfilled at the time the next election of officers is held.

ARTICLE VII – Decency Policy: Officers and Members of this association shall conduct themselves and present the PFWW, its programmes, publication, etcetera to the public and to one another in accord with high standards so as to assure that all are comfortable and un-offended. This policy shall apply to Officers and Members whenever they are acting in their respective official capacities and at all official gatherings. The Officer in Charge at any gathering shall have authority to eject anyone who continues to ignore this policy and to recommend to the Executive Board that any such person be stripped of his or her office and/or membership without recourse. If the offending party be a guest of a member, that member shall be held responsible for the conduct of his guest(s) and suffer the consequences of his guest’s behavior.

ARTICLE VIII – Funds:
Monies collected by this association shall remain its sole property and shall not be disbursed to any officer or member except as reimbursement for direct expenses incurred by them on behalf of the association and that only when prior approval for those expenses was obtained from the Executive Board. Such reimbursements shall be made as prescribed in the By-Laws.

ARTICLE IX – Amendments:
These Articles and subsequent Amendments of this Constitution may be amended by a vote of three-fourths of the members present at the Annual Meeting.

As initially written September 26, 2010.


 

By-Laws

SECTION I – Executive Board and Executive Committee: It shall be the duty of the Executive Committee to represent the Pemberton Family World Wide during the interval between Annual Meetings, to recommend the time and place of the Annual Meeting, to determine the order of business and approve the programme for the Annual Meeting, to fill official vacancies until the next Annual Meeting, to appoint a nominating committee for officers at least three months in advance of a given election, and to perform such other work as may be delegated to the Board or Committee by the family association. All matters brought before the Board or Committee as authorized in the Constitution of this family association shall be determined by a majority vote of the officers constituting that Board or Committee, and in case of a tie vote, the presiding officer shall cast a second vote . The Executive Board may accept on behalf of the family association any contribution, gift, bequest or devise for the general purpose or for any special purpose of the family association. The Executive Committee shall assure that no offensive materials or activities attend any thing sponsored by the family association.

SECTION II – President: It shall be the duty of the President to preside at all meetings of the family association and the Executive Board and Committee, and to exercise general supervision over the family association. It shall be the duty of the President to call special meetings of the Executive Board or Executive Committee as necessary for the purpose of carrying on the work of the family association during the period between Annual Meetings. The President shall submit to the family association at the Annual Meeting a report of all official acts of the Executive Board, together with any other information and recommendations he may deem important. He shall be an Ex-Officio member of all committees.

SECTION III – Vice-Presidents: It shall be the duty of the Vice-Presidents to carry out the policies of the family association by developing and administering specific programmes within their assigned spheres of activity. These programmes must be approved by the Executive Board. It shall be the duty of the Vice-President to assist and counsel the President in all matters pertaining to the activities of the family association. It shall be the duty of the Vice-Presidents to act in behalf of the President in his absence in the order of precedence. Upon the resignation or demise of the President, the First or Senior Vice-President shall call a meeting of the Executive Board for the purpose of filling the vacancy until the next Annual Meeting.

SECTION IV – Secretary: It shall be the duty of the Secretary to keep accurate minutes of the preceding of all meetings of the family association and of the Executive Board and the Executive Committee. The Secretary shall keep a complete register of the members of this association, together with their places of residence and electronic addresses, and to perform such other secretarial duties as the President or Executive Committee may direct. The Secretary shall submit to the family association at the Annual Meeting a report of all the official acts of the Exective Committee.

SECTION V – Treasurer: It shall be the duty of the Treasurer to receive and keep an accurate record of all dues, contributions, and other funds received by and in behalf of the family association. If desired by the Executive Committee, the Treasurer shall be bonded at the expense of the family association. The Treasurer shall deposit all monies received in the name of the association in such banks, trust companies or other depositories as shall be selected by the Executive Board. All expenditures and disbursements for and in behalf of the association shall be through its Treasurer who shall keep an accurate record of all such. The Treasurer shall make a complete report of the association’s financial status including receipts, disbursements, and current balances at the Annual Meeting and to the Executive Board as requested. The fiscal year of this family association shall begin on Jan. 1st and end on Dec. 31st.

SECTION VI – Genealogist: It shall be the duty of the Genealogist to supervise and direct the compilation of complete and accurate genealogical records of the Pemberton ancestors and descendants. The genealogist may select assistants, with the approval of the Executive Board, to help supervise the gathering of genealogical data and to process enquiries submitted to the Genealogist. These assistants shall function as a committee which shall be known as the Genealogy Committee, the Genealogist being the Chairperson thereof. The Genealogist and the assistants shall have the authority to call upon all members of the family association for genealogical data and for assistance in performing genealogical research, and they shall engage as many family members as will respond in this effort, supervising their activities in an efficient manner and counseling and teaching when desirable.

If necessary, the Genealogist may engage the services of professional researchers working on a fee basis, subject to the approval of the Executive Board. The Genealogist shall see to the publication of appropriate portions of the genealogical records of the family association making due provision for privacy, copyright and other issues identified in counsel with the Executive Committee.

The Genealogist shall also annually prepare a report of all activities of his committee for presentation at the Annual Meeting. This report may consist of a summary of periodical reports contained in the Publicity Committee’s periodical publication to the general membership.

SECTION VII – Historian: It shall be the duty of the Historian to supervise and direct the compilation and writing of biographical records and family histories pertaining to both Pemberton ancestors and descendants. The Historian may select assistants, with the approval of the Executive Board, to help supervise the gathering of historical data. The Historian and his assistants shall function as a committee which shall be known as the Historical Committee, the Historian being the Chairperson thereof. The Historian and his assistants shall have the authority to call upon all members for this data and for assistance in performing this work and they shall engage as many family members as may respond in this effort, supervising their activities in an efficient manner and counseling and teaching as desirable. If necessary, the Historian may engage the services of professional historians working on a fee basis, subject to the approval of the Executive Committee.

The Historian shall see to the publication of appropriate portions of the historical records of the family association making due provision for privacy, copyright and other issues identified in counsel with the Executive Committee.

The Historian shall also annually prepare a report of all activities of his committee for presentation at the Annual Meeting. This report may consist of a summary of periodical reports contained in the Publicity Committee’s periodical publication to the general membership.

SECTION VIII – Editor: It shall be the duty of the Editor to supervise and direct the compilation, composition and publication, as appropriate material may become available, articles on the PFWW website(s) and the family association’s newsletter, the Pemberton Post, and/or bulletins and distribute the same to all Registered Users to keep them informed of events and activities, and perform other such duties as may be assigned by the Executive Board.

The Editor may select assistants, with the approval of the Executive Board, to help supervise the production of publications. The Editor and his assistants shall function as a committee which shall be known as the Editorial Committee, the Editor being the Chairperson thereof. The Editor and his assistants shall have the authority to call upon all members for assistance in performing this work and they shall engage as many family members as may respond in this effort, supervising their activities in an efficient manner and counseling and teaching as desirable. If necessary, the Editor may engage the services of relevant professionals working on a fee basis, subject to the approval of the Executive Committee.

SECTION IX – Technologist: It shall be the duty of the Technologist to supervise and direct the technological services in the family association. These may include but not be limited to the construction and maintenance of the association’s presence on the internet, email, membership, financial, genealogical and historical data bases, forum and blog services. The Technologist shall render technological support to the Genealogist, the Historian, and all Committees of the family association making due provision for data security, copyright and other issues identified in counsel with the Executive Board. The Technologist and his assistants shall have the authority to call upon all members for assistance in performing this work and they shall engage as many family members as may respond in this effort, supervising their activities in an efficient manner and counseling and teaching as desirable. Ordinarily the Technologist will also be an Administrator as defined elsewhere in these by-laws.

If necessary, the Technologist may engage the services of a professional technologist working on a fee basis, subject to the approval of the Executive Board.

The Technologist shall also prepare annually a report of all activities of his committee for presentation at the Annual Meeting. This report may consist of a summary of periodical reports contained in the Publicity Committee’s periodical publication to the general membership.

SECTION X – Visitor, Registered User, Member, Author, Editor, Publisher and Administrator: These seven titles shall apply to the seven levels of access to the web site of the PFWW. The PFWW office of Editor will have at least Publisher class access to the website.

Visitors can only see the most public kinds of information: sufficient to be able to decide whether to become a registered user.

Registered Users can see a list of members and send messages to other registered users and members, and can post a Query to ask for a brief response from the Historian or Genealogist.

A Member is a Registered User who has paid the requisite dues and therefore has full access to all the information of the PFWW. Members can post in-depth queries to the Historian or Genealogist and expect more detailed information.

An Author is an administrative office in the PFWW and is a Member who has shown sufficient skill and motivation to have their application to be become an Author reviewed and approved by the Secretary, Historian and Genealogist. An Author has complete access to all the data at the PFWW and has authority to author histories, genealogy and other items which he may submit to the appropriate authority for publication (addition to the repositories of the PFWW).

A Publisher is an administrative office in the PFWW and is an Author who has shown sufficient skill and motivation to have their application to become a Publisher reviewed and approved by the Secretary, Historian and Genealogist. A Publisher has complete authority to add, edit, or delete data from the repositories of the PFWW.

An Administrator is an administrative office in the PFWW and is an Publsiher who has shown sufficient skill and motivation in website creation, administration and security to have their application to become an Administrator reviewed and approved by the Secretary, Historian, Technologist and Genealogist. A Publisher has complete authority to add, edit, or delete data from the repositories of the PFWW that are exposed via the internet. An Administrator may also be the Technologist or an assistance to the same.

SECTION XI – Social Committee: It shall be the duty of the Social Committee to arrange programmes for all family association socials and entertainment and to workout all details for such gatherings. The Committee shall act as Receptionist at the Annual Meeting and all other meetings and reunions being held for the entire membership of the family association. The Social Committee shall also make reasonable effort to encourage and assist members to organise Pemberton reunions for geographically or genealogically local Pemberton groups.

SECTION XII – Membership Committee: It shall be the duty of the Membership Committee to obtain and give to the Secretary of this family association, lists of names and addresses of members and potential members. It shall also be the duty of this Committee to encourage and obtain continuing membership from those members who have omitted payment of their annual dues.

SECTION XIII – Programme Committee: It shall be the duty of the Programme Committee to plan the arrangements and prepare the agenda for the Annual Meeting and special meetings of the entire membership, and to perform such other duties as assigned by the Executive Committee.

SECTION XIV – Publicity Committee: It shall be the duty of the Publicity Committee to publicize through traditional radio, television or other news media, electronic media, memberships in other appropriate organizations, or any other appropriate medium, the family association’s activities and notices of the Annual Reunions, and perform other such duties as may be assigned by the Executive Board.

It shall also be the duty of the Publicity Committee to assure that the family association’s Decency Policy as stated in article VII of the Constitution is effective throughout the association’s official venues.

SECTION XV – Nominating Committee: The Executive Committee shall appoint a Nominating Committee of no less than three members, three months in advance of a given election, which Committee will screen the qualifications of members for holding office in the family association. The chairperson of the Nominating Committee will present the names of these members at the Annual Meeting for the purpose of nominations and subsequent election or reelection by the members present at the Annual Meeting.

SECTION XVI – Chairpersons: It shall be the duty of the Chairperson of each standing committees to prepare annually a report of all activities of his committee for presentation at the Annual Meeting. This report may consist of a summary of periodical reports contained in the Publicity Committee’s periodical publication to the general membership.

SECTION XVII – Dues: Annual dues per member of the family association shall be as determined by the Executive Committee. Additional contributions may be requested according to the financial needs of the family association in administering its programmes. Dues shall be paid annually or for other periods or life as determined by the Executive Board.

SECTION XVIII – Remuneration: All officers, members of committees and members at large, whether elected or appointed shall perform their duties and/or assignments without receiving any monetary remuneration whatsoever, except that the Treasurer shall be authorized and empowered to repay money actually expended for and in behalf of the family association; and upon approval of the Executive Board, expenses of attendance, including a mileage allowance for those required to travel a considerable distance, may be allowed for attendance at any regular or special meeting of the officers of the family association. For the purpose of this Section only, officers are defined as members of the Executive Committee and the Chairpersons of Standing Committees when required to be present at the regular or special meetings of the Executive Committee. The Executive Committee is also authorized to direct the Treasurer to make payments and distributions that are in furtherance of the objectives of the family association set forth in Article II.

SECTION XIX – Privacy, Copyright, Member data: It is the policy of the association to take reasonable measures to ensure the security of members’ personal information, except as they may choose to reveal it by their actions in relation to their personal profile information. Usernames and their associated passwords will not be sold, rented, or otherwise disclosed to third parties without permission from the member whose credentials they are.

Copyright laws protect the database of the Pemberton Family World Wide Genealogical Storehouse when considered as a whole. They do not protect individual data items within the database. Thus there is no practical avenue available for members to retain copyright to their information. However, the PFWW does provide some de facto protection for members’ data as noted hereinafter. This protection is not by copyright or any other legal theory but by control of access to the information.

Genealogical data transferred to the Pemberton Family World Wide Genealogist may be assigned to one of the following levels of access at the option of the data provider:

  1. The data is accessible to and may be used by the Genealogist or his duly appointed Assistant(s) for the purposes of assembling, correcting and validating genealogical data available to the Genealogist, and for responding to enquiries for genealogical information. Responses to enquiries are limited to no more than four generations of data and only individuals whose birth was at least 150 years earlier may be included in responses. Enquiries for more than four generations will be rejected with the suggestion that the enquirer contact the owner of the information directly. This level of data security permits no other usage of the data so designated. Whenever praticable, reponses will be in GEDCOM format so as to protect the accuracy of transmitted data. Level 1 data is not published or available in the PFWW Genealogical Storehouse.
  2. The data is accessible as in level 1 and the Genealogist has permission to transmit an unlimited number of generations via GEDCOM to the enquirer. This is the only difference between level 2 and level 1 access.
  3. The data is published in a “tree” in the Genealogical Storehouse and the tree is flagged so as to allow only the submitter to change it in any way. It is also flagged to preclude users from downloading GEDCOM files of any portion of the tree.
  4. The data is accessible as in level 3 except that users may download GEDCOM files of portions or all of the tree.

No statement in this Section shall be construed to provide data providers with legal or financial recourse against the Pemberton Family World Wide under any legal theory whatsoever and this caveat specifically tolls the Membership Pledge and Hold Harmless to which users agreed when they became members.

SECTION XX – Committee Rules and Regulations: The Executive Committee, the Genealogist, the Historian, the Technologist and each Committee may adopt rules for its own government not inconsistent with the Constitution and By-Laws of the Pemberton Family World Wide.

SECTION XXI – Political Activity: This family association shall not engage in carrying on propaganda, or otherwise attempting to influence legislation (except legislation which may specifically contravene the purposes and/or activities of this association), and the association shall not participate in or intervene in (including the publishing and distribution of statements) any political campaign on behalf of any candidate for public office. This policy shall apply in any country in a manner appropriate to that country.

SECTION XXI – Affiliations: The PFWW shall seek to become a member of the Federation of the Family History Societies (UK Registered Charity No. 1038721) and shall have the power to guarantee the debts of the Federation in the event of its insolvency up to the sum of £1 (One Pound). The PFWW may also affiliate with other non-profit organisations whose objects are deemed compatible and mutually supportive by the Executive Committee. [Note: The FFHS requires this debt guarantee in these By-Laws as a conditon of membership.]

SECTION XXIII – Dissolution: In the event of the dissolution of this family association, the Executive Board shall, after paying or making provision for the payment of all of the liabilities of the family association, dispose of all the assets of the association exclusively for charitable, educational, or scientific purposes as the Committee may determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of this family association is then located, exclusively for such purposes or to such organizations, as the said Court shall determine, which are organized and operated exclusively for such purpose.

SECTION XXIV – These By-Laws of the Pemberton Family World Wide association may be amended by a two-thirds majority vote of the members present at the Annual Meeting.

As amended August 15, 2012.