PREAMBLE
In the name of the Almighty God, we the sons and daughters, husbands and wives, friends and neighbors of Agogo, a town in Asante Akim District of Ghana in West Africa and sympathizers in the Washington (D.C.) Metropolitan Area, being aware of our town's development, ancestral heritage and our long-standing unity and in spirit of love, brotherhood and peace with all mankind, commit ourselves to the formation of this Association "ACA" and do hereby adopt, enact and give ourselves this Constitution.
Sec 1.1
This constitution shall be the supreme law of the association.
Sec 1.2
All members of the Association shall have the right to resist any person or persons seeking to abolish the constitutional order as established by the Constitution.
Sec 1.3
Failure to obey or carry out the terms of an order or direction made or given under any section of this Constitution shall constitute a violation of the Constitution.
ARTICLE TWO
THE NAME, MOTTO, and FORMATION OF THE ASSOCIATION
Sec 2.1 (Name)
The Association shall be called the "The Agogo Citizens Association of the Washington Metropolitan Area," hereafter referred to as the "Association" or "ACA."
Sec 2.2 (Motto)
The motto of the Association shall be "United We Stand, Divided We Fall."
ARTICLE THREE AIMS
Sec 2.3 (Date of formation)
The Association was formed on April 11, 1993.
Sec 2.4
The Anniversary day of the Association shall be every meeting day of "April."
The aims of the Association shall be to:
Sec 3.1
Organize all citizens of Agogo and its surrounding areas, as well as individuals living in the Washington Metropolitan Area and having interest in Agogo, to form the Association.
Sec 3.2
Foster unity and understanding among members
Sec 3.3
Support one another.
Sec 3.4
Serve as a nonprofit and nonpolitical organization seeking to enhance the social, educational, moral and general welfare of its members.
Sec 3.5
Solicit and donate to other nonprofit organizations and "schools" in Agogo and Ghana at large.
Sec 3.6
Assist in diverse ways to improve upon the beauty and standard of living of our people in Agogo.
Sec 3.7
Create and maintain strong ties with other Agogo Citizens' Associations in the United States of America and other parts of the world.
Sec 3.8
Establish and maintain strong working relationships with the Agogo Citizens back home, in particular, and the government of Ghana in general.
Sec 3.9
Implement the objectives and purposes of the Association as set forth in this Constitution.
Sec 3.10
Do other things as the Executive members of the Association may deem appropriate for the accomplishment of these and other purposes which tend to improve the well being of the Association with the approval (single majority) of its members of a general assembly.
Sec 3.11
Under no circumstance whatsoever shall the activities of the Association be that of carrying propaganda or otherwise attempting to influence legislation. The Association shall not participate or intervene in (including publishing or distributing of statements) any political campaign on behalf of or in position to, any candidate for public office here in the U.S.A. and Ghana.
Sec 3.12
Forster and promote development effort in Agogo.
ARTICLE FOUR MEMBERSHIP
Sec 4.1
A member of the Association shall be one who has paid his/her membership registration fee, monthly dues and other accessed financial obligations to the Association, and actively participate in the affairs of the Association.
The Association membership requirements shall be opened to:
Sec 4.2
Any member who on the coming into force of this Constitution is a resident of the Washington Metropolitan area and has decided to continue his/her membership in the Association.
Sec 4.3
All Agogo Asante Akim citizens' and their families resident in the Washington Metropolitan area.
Sec 4.4
Any non-citizen of Agogo Asante Akim who has interest in ACA shall be eligible for membership irrespective of sex or religion.
Sec 4.5
Prospective members shall complete an application form furnished by the Secretary of ACA. Membership shall become effective after the approval of the application form by the Executives and the subsequent payment of the registration fee in full. The individual becomes an automatic member if the application form is not processed or approved one month after paying the registration fee.
ARTICLE FIVE SUSPENSION AND DISMISSAL
Any member who contravenes any provisions of this Constitution shall be suspended or dismissed from the Association.
ARTICLE SIX HEADQUARTERS
The headquarters of the Association shall be the resident of the current President. The Association shall maintain a mailing address at a local post office and all correspondence of the Association shall be directed through the mailing address. The General Secretary shall maintain custody of the key to the mailing box.
ARTICLE SEVEN GOVERNING BODY
Sec 7.1
The supreme authority of the Association shall be vested in the General Assembly which shall meet, at least, once a month and from which power shall be entrusted in the Executive members and other organs of the Association.
Sec 7.2
The general policy of the Association shall be determined by the Executive officers.
Sec 7.3
The Executive officers shall have the power to make rules to govern the Association subject to the provisions of the Constitution and shall report such rules to the General Assembly for approval. However, no change in the rules or policies adopted or promulgated shall be effected by any officer, executive member(s), or any member of the Association.
Sec 7.4
Decisions of the Executive Officers can only be rescinded by a simple majority vote of the General Assembly.
Sec 7.5
Subject to the provision of Article Eleven, the Executive members shall have the power to appoint members to committees of the Association as needed.
Sec 7.6
The Council of Elders shall form a Caretaker Executive Committee in case the Executive Officers resign emblock or are unable to perform their duties until such time that elections are held to elect new Executive officers.
ARTICLE EIGHT ELECTIONS
Sec 8.1
The Association shall hold biannual elections at the .October general meeting but not more than one moth later in case of cancellation of such meeting. If the Executive members resign etc, elections shall be held not later than three months after such resignation.
Sec 8.2
Voting shall strictly be by secret balloting based on the principle of one-man-one vote.
Sec 8.3
Candidates for election shall be nominated and seconded by a member and the nominations confirmed by the electoral Committee. Confirmed nommations shall be typed and distributed to the members earlier for study before the day of the election.
8.3b
In the case of the Vice President, any candidate wishing to be a President will nominate and register his or her vice with the electoral committee one month before the last general meeting preceding the election day.
Sec 8.4
Candidates for elected office shall have been members of the Association for, at least, one year and in ood standing (paid all outstanding levies, dues and other contributions as prescribed by the Association). He/she should have also, not missed aV general meeting for the previous three meetings immediately prior to the election day.
Sec 8.5
Winners of elections of the Association shall be determined by a simple majority of members present and voting at all elections confirmed by the Electoral Committee.
Sec 8.6
All elected officials shall take the oath of office and assume the functions of their offices at first meeting following the swearing in ceremony.
Sec 8.7
Swearing in ceremony shall be held a month after the election day and shall be organized by a committee whose members shall be nominated by the in-coming elected President and his team of Officers. It shall be headed or chaired by the Vice President.
ART NINE EXECUTIVE COUNCIL
Sec 9.1
The Association shall be governed by an Executive Officers made up of a President, Vice President, General Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, Public Relation Officer (PRO), Assistant PRO., Porter, Assistant Porter, Welfare Chairman, Welfare Secretary and Project Coordinator.
Sec 9.2
The term of office of the members of the Executives shall be two years. Members of the Executive shall be eligible for election to another position or office provided that no officer shall serve more than two consecutive terms in anyone position.
Sec 9.3
An Executive member may resign from his/her position by a written notice to the General Secretary or in the case of the General Secretary, by a letter to the Assistant Secretary.
Sec 9.4
All members of the Executive shall take the Oath of allegiance as contained in Art 16 Sec. 2 of the Constitution upon assumption of office.
Sec 9.5
Subject to the provisions of Article 10 all vacancies at the Executive Office shall be filled by general elections within two months of such a vacancy.
Sec 9.6
Any Executive member who commits an impeachable offense as referred to in Art 13 shall be removed from office by a simple majority vote at general meeting.
ARTICLE TEN THE PRESIDENT
Sec 10.la
Shall be the spokesperson and Chief Executive Officer of the Association and shall preside over all Executive and General Meetings and functions.
Sec 10.lb
Shall be responsible for the general administration of the Association.
Sec 10.lc
Shall be a signatory to the Association's Accounts.
Sec 10.ld
Shall have authority to call emergency executive and general meetings.
Sec 10.le
Shall present an annual budget to the Association by January each year.
Sec 1.1f
Shall have a casting vote in case of a tie at all Executive and General meetings.
Sec 10.lg
Shall be exempted from paying monthly dues except levies.
Sec 10.1 It
Shall be an automatic and a permanent member of Council of Elders after leaving
office.
Sec 10.2
VICE PRESIDENT
Sec 10.2a
Act in the absence of the President.
Sec 10.2b
Succeed to the office of the Presidency for the unexpired term of the President in the event there is a vacancy or the President is impeached or unable to perform his/her functions.
Sec 10.2c
Perform duties as may be assigned by the President or the Executive Council.
Sec 10.3
THE GENERAL SECRETARY
Sec 10.3a
Shall have custody and maintenance of all assets and documents of the Association except financial documents.
Sec 10.3b
Conduct all correspondence pertaining to the Office of the General Secretary and on behalf of the Association.
Sec 10.3c
Record accurate minutes of all general meeting of the Association.
Sec 10.3d
Perform other duties that may be assigned by the President and the Executive.
Sec 10.3e
Make available for inspection all or part of the assets and documents of the Association in his or her possession that may be requested by the Association or any member.
Sec 10.4
ASSISTANT SECRETARY
Sec 10.4a
Act in the absence ofthe General Secretary.
Sec 10Ab
Record accurate minutes of all Executive meetings of the Association.
Sec 10Ae
Perform such duties as may be assigned by the Executive Council and the General Secretary.
Sec lOAd
Succeed to the office of General Secretary for the unexpired term of the General Secretary in the event there is a vacancy or the General Secretary cannot perform the functions of that office.
Sec 10.5
THE FINANCIAL CONTROLLER
Sec 10.5a
Shall have custody and maintenance of all financial records of the Association.
Sec 10.5b
Shall collect all the money of the Association, including donations, dues and levies, and make prompt and timely deposits of such money in a properly designated bank account of the Association.
Sec 10.5c
Shall present the financial position of the Association at the General and Executive meetings.
Sec 10.5d
Shall co-sign checks and other negotiable instruments on behalf of the Association.
Sec 10.5e
Shall submit to the Executive body, upon request, a financial report which shall be statements of all receipts and disbursements of the Association in his or her custody.
Sec 10.5f
Shall submit financial books, documents and receipts for auditing before every October meeting. Auditors report must be available for discussion by the Executives before reading at the general meeting.
Sec 10.6
ASSISTANT FINANCIAL CONTROLLER
Sec 10.6A
Shall assist the Treasurer/Financial Controller in his or her duties.
Sec 10.6b
Assume the duties of a treasurer or financial controller in his or her absence.
Sec 10.6c
Perform such duties as may be assigned by the treasurer.
Sec 10.6d
Succeed to the office of the treasure or Financial Controller for the unexpired term of the Treasurer in the event there is a vacancy of the Treasurer and perform the functions of the office.
Sec 10.7
THE PUBLIC RELATIONS OFFICER (PRO)
Sec 10.7A
Serve as the liaison Officer between the Association and the public, as well as, other organizations.
Sec 10. 7B
Serve as the spokesperson and in-charge of all protocol of the Association and preside as the Chairman of the Public Relations Committee.
Sec 10.7C
Promote the aims of the Association.
Sec 10.7D
Perform the duties as may be assigned by the President and the Executive.
Sec 10.8
ASSISTANT PUBLIC RELATIONS OFFICER
Sec 10.8A
Perform the duties of the Public Relation Officer in his absence.
Sec 10.8B
Perform the duties as may be assigned by the P.R. O.
Sec 10.8C
Succeed to the office of the PRO for the unexpired term of the PRO in the event there is a vacancy or the PRO cannot perform the functions of that office.
Sec 10.9
PORTER
Sec 10.9A
Arrange meeting place and contact members of any emergency within the Association.
Sec 10.9B
Call the meeting to order when there is a quorum for the transaction of business. A quorum for the transaction of business of the Association shall not be less than one¬third of eligible members necessary for such a meeting.
Sec 10.9C
Count all votes at meetings of the Association except for votes at general elections conducted by the Electoral Committee.
Sec 10.9D
Recognize members to speak at all meetings of the Association and shall have the power to discipline, including, ejecting members from meetings for gross misbehavior.
Sec 10.9E
Perform other duties as may be assigned by the President or the Executive body.
Sec 10.10
ASSISTANT PORTER
Sec 10.10a
Shall assist and act in the absence of the Porter.
Sec 10.10b
Perform other duties as may be assigned by the Executive and the Porter.
Sec 10.10e
Succeed to the office of the Porter for the unexpired term of the Porter in the event there is a vacancy or the Porter cannot perform the functions of that office.
ARTICLE ELEVEN COMMITTEE AND FUNCTIONS
Sec 11.1
There shall be 10 standing Committees of the Association. However, the Executive Council may appoint an adhoc Committee in case of need for a period not to exceed the term of office of the Executive Council. The Standing Committees shall be:
1. Project Coordinating J. Family Groups
Sec 11.2
The President, in consultation, with the Executive Officers shall appoint members to the Committees of the Association and shall appoint the chairpersons of these committees.
Sec 11.3
The President and the Executive members shall determine terms of office of members of each Committee members. However, the President shall not appoint Committee members to terms to exceed his/her own term except Council of Elders.
Sec 11.4
Committees shall meet when necessary and shall present timely written reports and or recommendations of such meetings to the Executives which shall deliberate on such reports before presenting them to the General Assembly for discussions.
Sec 11.5
COUNCIL OF ELDERS
Sec 11.5A
Include all ast Presidents of the Association who shall be permanent members
and other members a ointed b e President andtheExecutive Officers.
Sec 11.5B
Advice the President and the Executive Officers on all matters affecting-.0e
smooth organizationand administration of the Association.
Sec 11.5C
form a caretaker government should the ExecutiveOfficers resign embloc.
Sec 11.5D
Mediate in, a timely manner, any disputes arising or occurring between members of the Association.
Sec 11.6
AUDIT COMMITTEE
Sec 11.7A
Perform an annual audit of the Association's financial statements and supporting records and make a presentation to the Executive Officers and subsequently, to the General Assembly.
Sec 11. 7B
Make recommendations to the Executive Officers on matters regarding the internal control procedures to enhance prudence financial management.
Sec 11.7C
Shall be a fully independent Committee that shall not be influenced or coerced by the Executive Council and, for that matter, any member of the Association.
Sec 11.8
ELECTORAL COMMITTEE
Sec 11.8A
The President and the Executive Councilor the Caretaker Council of Elders shall appoint an Electoral Committee of not more than THREE (3) members to supervise and conduct the general elections of the Association.
Sec 1l.8B
The Electoral Committee shall set rules governing all elections but shall not pass laws or regulations contrary to the provisions of the Constitution or by-laws of the Association.
Sec 11.8C
The Electoral Committee shall present a written report on every general election to the Executive Council and the General Assembly at the first general meeting following the elections.
Sec 11.9
THE FINANCE AND BUDGET
Sec 11.9A
Prepare and present the Association's annual budget to the Executive Council for consideration and approval. Upon approval by the Executive Council, the Committee shall then make another presentation to the General Assembly for adoption.
Sec 11.9B
Review fiscal policies ofthe Association and in consultation with the Audit Committee, make recommendations to improve the financial status of the Association.
Sec 11.10
THE ENTERTAINMENT COMMITTEE
Sec 11.10A
Organize educational and social events of the Association.
Sec 11.10B
Organize social events as a means of fund raising for the Association. However, the Entertainment Committee shall not commit any financial obligations associated to organizing such events on behalf of the Association without prior approval of the Executive Officers, the Finance Committee and/or the Association.
Sec 11.10C
Be responsible for organizing Christmas parties and other entertaining activities of the Association.
Sec 11.11
THE LEGAL & CONSTITUTIONAL COMMITTEE
Sec 11.11A
Oversee that the President and the Executives govern the Association within the framework of the Constitution.
Sec 11.11B
Review and oversee that the by-laws ofthe Association are applied consistently without fear or favor from any quarters.
Sec 11.11C
Oversee that the Association is in compliance with the state and federal laws and regulations.
Sec 11.11D
Liaison between the Association and the General Assembly on all legal matters affecting the Association.
Sec 11.12
PUBLIC RELATIONS COMMITTEE
Sec 11.2A
Shall be chaired by the Public Relations Officer and serve as a liaison between the Association and the public.
Sec 11.2B
Be in charge of all membership drives under the general direction and approval of the Executive Council and the General Assembly.
Sec 11.2C
Be responsible for all volunteering activities of the Association.
Sec 11.2D
Coordinate with the Entertainment and Finance Committees in organizing all fund raising activities of the Association.
Sec 11.13
WELFARE COMMITTEE
Sec 11.13A
Shall be chaired by the elected Welfare Officer who shall be a member of the Executive.
Sec 11.13B
Promote fellowship among members of the Association.
Sec 11.3C
Visit the sick and parents of the new born babies and notify members of the Association of birth, sickness, death or other misfortunes that may befall on members of the Association.
Sec l1.13D
Assist members of the Association in the execution of their social activities including out -dooring and funeral celebration.
Sec 11.13E
Work with the by-laws governing outdooring, funerals and other misfortune.
Sec 11.13F
Pay members benefits as contained in the by-laws without fear or favor.
Sec 11.14
FAMILY GROUPS COMMITTEE
Sec 11.4A
The leaders ofthe various Family Groupings shall form the Family Grouping Committee.
Sec 11.14B
Assist to execute all directions and decisions of the Executive Council and the General Assembly with their various Groups.
Sec 11.14C
Assist to carry out the decisions of various committees in their groups.
Sec 11.14D
Shall submit written/oral report regarding the views and decisions of their respective groups to the Executive Council for consideration before presenting it to the General Assembly.
Sec 11.14E
Shall perform all other duties that may be assigned by the President and the Executive Council,
Sec 11.15
PROJECT COORDINATING COMMITTEE
Sec 11.15A
Shall oversee and coordinate all projects and donations in/to Agogo and other member towns, as well as, Ghana in general.
Sec 11.15B
Present updated monthly project reports to the Executive Council for review before making presentations to the General Assembly.
Sec 11.15e
Function as a liaison between the Association and the Association's Secretariat/Office in Agogo, Ghana.
ARTICLE TWELVE FISCAL POLICY
Sec 12.1
The fiscal year of the Association shall be the calendar year, January 1 through December 31.
Sec 12.2
No part of the earnings of the Association shall incur to the benefit of, or be distributed to its members, trustees, donors, officers or any member of the Association.
Sec 12.3
All disbursements of the Association shall be paid by check, which shall be signed by the President, Patron, and the Financial Controller. Any two of the designated Officers shall have authorization effect payments on behalf of the Association.
Sec 12.4
All monies collected on behalf of the Association shall be deposited promptly at a proper depository financial institution in the name of the Association.
Sec 12.5
The Executive Council shall prepare financial statements and make such statements available for audit no more than three months after the end of the fiscal year.
Sec 12.6
Accepted by-laws of the Association shall be enforced by the Executive Council and strictly adhered to by all members of the Association.
Sec 12.7
The by-laws shall be executed without fear or favor.
ARTICLE THIRTEEN IMPEACHABLE OFFENSES AND PROCEDURES
Sec 13.1
The following shall constitute impeachable offenses for the removal of officers of the Association from office.
a. Abuse of power
b. Embezzlement of Association's funds
c. Flagrant disregard for the Constitution
d. Divulging confidential information of the Association to non-Executive members
e. Acts or behavior that shall disrupt the smooth running of the Association
f. Other acts that the Executive Council shall deem to bring the Association into disrepute.
Sec 13.2
Procedure for impeachment shall be:
a. The Executive members shall appoint a sub-committee from among the rank and file membership to examine charges brought against any officer and to make recommendations to the Executive Council and the General Assembly.
b. The General Assembly shall deliberate on the recommendations of the sub-committee and a two-thirds majority vote of members present and voting shall either suspend or remove an officer so convicted, from office.
c. The suspension or removal of an officer shall operate only to the office and for the position and duration for which the officer was elected. All other membership rights of such an officer shall not be affected.
d. All parties of the motion to suspend or remove an Officer shall be given the full opportunity to present relevant evidence and exhibits which they deem necessary to the proper presentation of their case and shall be entitled to be cross examined.
e. The sub-committee shall take a verbatim transcript of all impeachment proceedings. In the event verbatim transcript shall summarize the minutes of the trial in writing and furnish such minutes plus copies of all exhibits submitted at the trial to each party of the motion to remove or suspend an officer no more than seven days after the sub-committee meeting, and each party shall within ten days after receipt of such minutes submit in writing any inaccuracies or objections to the Secretary of the Committee.
f. When an Officer is suspended or removed from office and if subsequently exonerated of all offenses, such officer shall immediately revert to the position held prior to such suspension or removal.
g. At a meeting of the General Assembly to suspend or remove an officer, the Officer concerned shall be required to leave the room and members of the Executive Council will not be eligible to vote.
ARTICLE FOURTEEN
OFFENSES, TRIAL PENALTIES AND APPEALS
Sec 14.1
Any conduct detrimental or inimical to the best interest of the Association shall be deemed offenses against the Association including:
a. Violation of any provision of this Constitution
b. Advocating, encouraging or attempting to bring about secession from the Association of any member or group of members
c. Publishing or sending letters, circulars, flyers, printed materials or oral statements which misrepresent the policies of the Association or defames, libels or criticize the honesty or character of an Officer or a Committee member of the Association relative to the performance of the members duties and functions of the Association and found to be untrue.
d. Committing any act of fraud, embezzlement, mismanagement, or appropriation to anyone's own use of any money, property or thing of value for the Association.
e. Committing any physical assault upon any Officer or member of the Association in the performance of his/her duties.
Sec 14.2
Any member who contravenes any of the provisions above shall be tried by the Executive Council and if found guilty by a simple majority, be suspended or dismissed from the Association .
Sec 14.3
A suspended member shall have the right to appeal his/her suspension by the Executive Council, to the Legal and Constitution Committee before finally appealing to the General Assembly if unsatisfied.
Sec 14.4
An expelled member shall not be entitled to any refunds of dues and other monies paid or benefits for any past contributions and services to the Association.
Sec 14.5
A suspended member who is subsequently reinstated shall be entitled to all privileges, rights and benefits after all obligations to the Association have been met.
ARTICLE FIFTEEN INDEMNIFICATION AND CONFLICTS OF INTEREST
Sec 15.1
Any member of the Executives, Officer or employee of the Association may be indemnified by the Association against all expenses and liabilities, including Counsel fees reasonably incurred or imposed upon such member of the Executive Body, Officer, or employee in connection with any threatened pending or completed action, suit or proceeding to which he/she may become involved by reason of his/her being or having been a member of the Executive, officer or employee of the Association or any settlement thereof, unless adjudged there-in be liable for negligence or misconduct in the performance of his/her duties. Provided, however, that in the event of a settlement, the indemnification here-in, shall apply only when the Executive body approves such a settlement and reimbursement as being in the best interest of the Association. The foregoing right of indemnification shall be in addition and not exclusive of all other rights to which such an individual is entitled.
Sec 15.2
All members of the Executive Council, officers or employees of the Association shall not engage in activities that may result or appear to cause a conflict of interest. A conflict of interest may exist when the direct or indirect person and financial interest of any member of the Executive, officer or employee of the Association or a member of his/her family competes with or benefits from the financial interest of the Association. If such conflict of interest arises, such a member should bring it to the attention of the Executive and shall, if a member of the Executive, not participate in the final deliberations, decisions or vote on matters relating to such interest until such a time that the conflict of interest issues shall be properly documented by the Secretary or his/her assistant.
ARTICLE SIXTEEN OATH OF ALLEGIANCE
Sec 1
An individual on becoming a member of the Association shall take the following oath of allegiance:
I, -----, do hereby (swear in the name of the Almighty God) solemnly affirm that I will bear the true faith and allegiance to the Agogo Citizens Association (ACA) as by the Constitution established and that I will preserve, protect and defend the Constitution of the Agogo Citizens Association (so help me God).
Sec 2
Members on assumption of office to the Executive Office, shall take the following oath of allegiance:
I, -----, do hereby (swear in the name of the Almighty God) solemnly swear that I will bear the true faith and allegiance to the Agogo Citizens Association (ACA) and faithfully execute the functions of the office of ---- as by the Constitution established and to which I was elected and that I will preserve, protect and defend the Constitution of the Agogo Citizens Association (so help me God).
ARTICLE SEVENTEEN EFFECTIVE DATE
This Constitution, by-laws and subsequent amendment thereto shall become effective immediately upon adoption unless otherwise provided.
ARTICLE EIGHTEK - AMENDME IT
Sec 3
This Constitution shall be amended only by two-thirds majority vote of members present and voting at a properly constituted General Assembly.
Sec 4
Proposed amendments shall be submitted in writing to the Secretary who shall make copies of such proposal and distribute to all members not less than one month before a meeting of the General Assembly is scheduled to discuss the proposal.