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Non-Profit Bylaws of Berkshire County Historical Society, Inc

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Non-Profit Bylaws of Berkshire County Historical Society, Inc 1 NON-PROFIT BYLAWS OF BERKSHIRE COUNTY HISTORICAL SOCIETY, INC. PREAMBLE The following Bylaws shall be subject to, and governed by, the Non-Profit Corporation Act of Massachusetts and the Articles of Incorporation of Berkshire County Historical Society, Inc. In the event of a direct conflict between the herein contained provisions of these Bylaws and the mandatory provisions of the Non-Profit Corporation Act of Massachusetts, said Non-Profit Corporation Act shall be the prevailing controlling law. In the event of a direct conflict between the provisions of these Bylaws and the Articles of Incorporation of theHistorical Society, it shall then be these Bylaws which shall be controlling.See:The Articles of incorporation of the Berkshire County Historical Society, Inc. ARTICLE 1 – NAME The legal name of the Non-Profit Corporation/Organization shall be known as Berkshire County Historical Society, Inc., and shall herein be referred to as the "Historical Society." ARTICLE 2 – PURPOSE The general purposes for which this Historical Society has been established are as follows: The Historical Society is established within the meaning of IRS Publication 557 Section 501(c) (3) Organization of the Internal Revenue Code of 1986, as amended (the "Code") or the corresponding section of any future federal tax code and shall be operated to collect, preserve and disseminate the history of Berkshire County, Massachusetts, and to utilize its collections for research, education, exhibit, and to loan its collections as appropriate. Furthermore, the society is committed to the preservation and interpretation of Arrowhead, the home of author Herman Melville, as a registered National Historic Landmark and museum. In addition the Historical Society also sponsors programs to bring together people interested in history, especially in the history of Berkshire County, as a means of better understanding our local, state and national heritage. Additionally, the Historical Society has been formed for the purpose of performing all things incidental to, or appropriate in, the foregoing purposes. However, the Historical Society shall not, except to an insubstantial degree, engage in any activity or the exercise of any powers which are not in furtherance of its primary non-profit purposes. The Berkshire County Historical Society, Inc. is a Not-For–Profit Corporation as defined by the General Statutes of the Commonwealth of Massachusetts. 2 The Historical Society shall hold and may exercise all such powers as may be conferred upon any nonprofit organization by the laws of the State of Massachusetts and as may be necessary or expedient for the administration of the affairs and attainment of the purposes of the Historical Society. At no time and in no event shall the Historical Society participate in any activities which have not been permitted to be carried out by a Historical Society exempt under Section 501(c) of the Internal Revenue Code of 1986. ARTICLE 3 – OFFICES The principal office of the Historical Society shall be located at Arrowhead, 780 Holmes Road, Pittsfield, Massachusetts 01201. The Historical Society may have other such offices as the Board of Directors may determine or deem necessary, or as the affairs of the Historical Society may find a need for from time to time. ARTICLE 4 –ASSETS & INUREMENT 4.1 Dedication of Assets. The properties and assets of the Historical Society are irrevocably dedicated to and for non-profit purposes only, including but not limited to collections, acquisitions and other such properties and assets as may be, from time to time, determined by the Board of Directors of the Historical Society. 4.2 Inurement. No part of the net earnings of the Historical Society shall inure to the benefit of any member, individual or entity and no substantial part of the Historical Society’s activities shall be to carry on propaganda or otherwise attempt to influence legislation. The Historical Society shall not participate in, not intervene in (including the distribution of statements) in any political campaign on behalf of any candidate for public office, shall not engage in any “prohibited transaction” within the meaning of the Internal Revenue Code or in any illegal business or practice and shall not be and “action organization” within the meaning of the Internal Revenue Code. ARTICLE 5 – MEMBERS 5.1 Membership. Any person, firm, association, trust, corporation, or other entity or organization shall be eligible for membership in the Society upon payment of dues as prescribed in this Article 5. 5.2. Classifications. The classifications of members shall be set by the Board of Directors from time to time as the Board deems appropriate. 5.3 Dues. The schedule of dues for membership shall be set by the Board of Directors from time to time as the Board deems appropriate. 3 5.4 Voting. Each member shall be entitled to one (1) vote at any meeting of the membership of the Historical Society at which he/she/it is present in person or by proxy. Each firm, association, trust, corporation, organization or other entity shall designate one (1) person to cast its vote. 5.5 Membership Rights. All members in good standing shall be entitled to the rights of their classification, if any, and shall exercise all residual power required by the General Laws of the Commonwealth of Massachusetts to be exercised by members. 5.6 No Grant of Interest. Membership confers no legal or equitable interest in the real or personal property or income of the Historical Society. 5.7 Members Meetings 5.7.1 Annual General Meeting. The Annual General Meeting of the members shall be held between April 15 and May 15 of each year, at a place to be selected by the President for the purpose of electing officers and directors, and for such purposes as may be stated in a written notice sent to members ten (10) days prior to the Annual General Meeting. A quorum at the Annual General Meeting shall be 35 members eligible to vote. 5.7.2 Regular or Special Meetings. Meetings of the members may be requested at any time by the President or by at least two Directors or by application of three or more members who are entitled to vote and shall be called by the Secretary of the Board, or in the absence of a Secretary by another officer, stating the time, place and purpose of the special meeting, which shall be sent to all members at least ten (10) days in advance of the meeting. Business subject to a vote, brought before such a meeting, will be passed by a simple majority of voting members present. 5.7.3 Notice. A ten (10) day written notice of the Annual General Meeting, any regular meeting and any special meeting shall be given in hand or by mail or electronic mail to each member entitled to vote thereat, at his/her/its address or e-mail address as it appears on the books of the Historical Society. Each notice shall state the date, time, place and purpose of the meeting. 5.7.4 Minutes The Secretary shall be responsible for the recording of all minutes of each and every meeting of the membership in which business shall be transacted in such order as the Board may determine from time to time. However, in the event that the Secretary is unavailable, the Board Chair shall appoint an individual to act as Secretary at the meeting. The Secretary, or the individual appointed to act as Secretary, shall prepare 4 the minutes of the meetings, which shall be delivered to the Historical Society to be placed in the minute books. ARTICLE 6 – BOARD OF DIRECTORS 6.1 General Powers and Responsibilities. The Historical Society shall be governed by a volunteer Board of Directors (the "Board"), which shall have all the rights, powers, privileges and limitations of liability of directors of a non-profit corporation organized under the General Laws of the Commonwealth of Massachusetts. Specifically, the Board shall establish policies and directives governing business and programs of the Historical Society. The Board shall secure adequate funding for the Historical Society, shall monitor finances of the Historical Society, create and update a long-range plan for the organization, select and support the organization’s board officers, adopt key operating policies, and approve contracts as appropriate. Additionally, the Board shall have the authority to engage the professional services of an Executive Director and shall delegate to the Executive Director and Historical Society staff, subject to the provisions of these Bylaws, authority and responsibility to see that the policies and directives are appropriately followed. The Board shall have the duty to oversee and review the performance of the Executive Director. 6.2 Number of Directors The Board shall have up to 24, but no fewer than 8, Board members, of whom four (4) shall be officers of the Historical Society. The number of Board members may be increased beyond 24 members or decreased to less than 8 members by the affirmative vote of a two-thirds majority of the then serving Board of Directors. 6.3 Qualifications. A Board member need not be a resident of the State of Massachusetts. All Board members must be paid-in members of the Berkshire County Historical Society, Inc. Board members shall assume a reasonable financial commitment to the Historical Society as their individual ability allows. 6.4 Obligations and Duties. 6.4.1 Obligations. Board members shall attend meetings regularly and participate in discussion at these meetings. Board members shall be informed about the mission and vision of the Historical Society and support this mission and vision. Board members shall contribute time and money to the Historical Society to the best of their ability. Board members shall serve on at least one (1) committee when invited, unless excused for good cause.
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