Operating Guidelines
Of
the
National Minority Business Enterprise Input Committee
Article I - Operating Authority
The
formation and the operation of the National Minority Business
Enterprise Input Committee (NMBEIC) is created as a
standing committee pursuant to Article VI Section 4 of the Bylaws of
the National Minority Supplier Development Council, Inc., an
Illinois Not-For-Profit Corporation, which provides as follows:
"National Minority Business Enterprise Input Committee:
To the extent that the Corporation’s 501(c) (3) tax exempt status is
not impaired, a National Minority Business Enterprise Input
Committee shall be established. A representative from a minority
business enterprise that is certified and nominated by an Affiliated
Regional Minority Purchasing Council shall be entitled to membership
on the National Minority Business Enterprise Input Committee. This
Committee shall function to provide input to the Board of Directors
through its elected Board members. Election of the Committee’s Board
Members and its Chairperson shall be in accordance with rules and
procedures developed by the National Minority Business Enterprise
Input Committee."
2.
The following Articles set forth the Operating Guidelines of the
National Minority Business Enterprise Input Committee and shall be
relied upon in the conduct of all business of the Committee.
Article II - Purpose and Mission
The
purpose and mission of the National Minority Business Enterprise
Input Committee (NMBEIC)
is to
work in conjunction with the National Office and affiliated councils
of the NMSDC to provide advice and input regarding the programs
operating under
the National Minority Supplier Development Council (NMSDC) in the
furtherance of its goals to enhance minority economic development
and to conduct council approved activities that
the committee adopts in the furtherance that
do not impair the 501(c) (3) tax exempt status of the National
Minority Supplier Development Council, Inc.
Stated
simply – the MBEIC listens to the input of the constituents it
represents and uses the information gathered to provide input in the
form of suggestions to the national and council staff as well as
president and corporate constituent committees which they will
evaluate for merit. Conversely the MBEIC takes suggestions from the
afore mentioned staff and committees and share it with
their business owner constituents. Additionally the national
leadership provides coaching and best practices models for the
respective council chairs to take back and implement (if
appropriate) in their respective council.
Article III - Organization
The national
organization of the NMBEIC will operate under
a regional concept based on the distribution of local councils in
the seven (7) areas of the country. The regional designations are as
follows: Pacific, Mountain, North Central, South Central, North
Eastern, Mid Eastern, and South Eastern. Within the regional
designations, local Minority Business Input Committees (MBEIC) in
Regional Councils may be assigned to an adjacent region subject to
the local council’s approval. The reassignment of the local MBEIC
will only be considered for convenience, adequate support and to
effectively carry out established programs.
The local
hierarchy of the MBEIC is as follows: MBEIC Operating guidelines are
valid to the extent they do not conflict Council Bylaws. Council
Bylaws are valid to the extent they to not conflict with Standards
of Affiliation. The MBEIC is a standing committee of the local
council whose whose chair is elected by their consituent business
owners and should be afforded the same consideration as any council
committee chair.
Article IV - Membership
Membership.
Eligibility. A person is eligible to become a member of the MBEIC if
he or she is a principal or owner of a certified Minority Business
Enterprise (MBE) as defined by the NMSDC. Persons who are not owners
or principals, but are employees representing their MBE corporations
can not be officers of the local or national MBEIC.
Article V - Voting Eligibility
1.
Voting Member. Voting members of the NMBEIC shall be all National
Officers, Committee Chairs, and Regional Council’s Minority Business
Enterprise Input Committee Chairs (MBEIC). All eligible voting
members who are in attendance at any duly noticed meeting of the
NMBEIC shall be counted for the purpose of establishing a quorum and
are eligible to vote on all matters including the election of all
national officers (Chair, Secretary, and Treasurer).
Any
MBE that is represented at the NMBEIC by more than one person is
only entitled to a maximum of one vote at any NMBEIC meeting.
2.
Non-Voting Member. Any person who is a certified member of a
local council is classified as a non-voting member of NMBEIC. Any
non-voting member may attend any official meeting convened by the
NMBEIC subject to approval of the NMBEIC voting members.3.
Article VI - Officers
Number.
The officers of the NMBEIC shall be the National Chair, two (2)
National Vice Chairs (the seven (7) Regional Chairs), Treasurer,
Secretary, the seven (7) Regional Chairs and such other officers as
may be elected or appointed. The (2) National Vice Chairs will be
appointed by the National Chair, not elected.
2.
Eligibility of Officers. The NMBEIC Chair candidate shall be
elected from the current NMBEIC voting members. Officers must be
certified in good standing with the NMSDC. Officers must have served
at least one term as a member of the NMBEIC.
National elected officers may not run for another position unless
their existing term of office would naturally have expired when they
begin their new responsibilities. If a person wishes to run for a
National elected office and currently hold an elected office that
would not expire at the time they would assume duties, before
declaring an interested the offer must first resign their current
office and then make a declaration of their interest.
Article VII - Duties
1.
National Chair. The National Chair shall be the Chief
Executive Officer of the NMBEIC and is to ensure the implementation
of all approved programs and budgets by the NMBEIC. The National
Chair will be authorized to appoint Chairs of Standing Committees,
and make such other appointments deemed necessary to carry out the
responsibilities of the Committees. At the time of the election of
the National Chair, two (2) National vice Chairs will be selected by
the National Chair for the purpose of representing or conducting
business on behalf of the National Chair in the event of his
absence.
2.
National Secretary. The National Secretary shall be elected
from the membership of the NMBEIC. The National Secretary shall (a)
keep the minutes of the meetings; (b) provide timely notices and
agendas of all meetings; (c) be the custodian of NMBEIC records; (d)
keep a Register of the members of the NMBEIC as provided; e) insure
compliance with established written guidelines and procedures
approved by the NMBEIC (f) The Secretary shall keep correct and
complete written minutes of the proceedings of its members and shall
keep at the principal office of the NMSDC a record giving the names
and the addresses of the members entitled to vote. Any properly
identified representative, agent, or attorney of a member may
inspect all books and records of the Committee for any proper
purpose at any reasonable time. (g) In general, perform all duties
incident to the office of Secretary; and such other duties as may be
assigned by the National Chair or the Executive Committee.
(g)
aside from approved agenda items for quarterly, minutes, and best
practices all communication to full committee requires the approval
of either a majority of the executive committee or the National
Chair.
3.
National Treasurer. The National Treasurer shall be elected
from the membership of the NMBEIC. The Treasurer shall (a) work with
the National Council staff, maintain financial records accounting
for all NMBEIC receipts and disbursements: (b) forward to the
council office all monies, securities and other valuable effects in
the name of the committee for deposit and handling: (c) render to
the Chair and/or Committee at the regular meetings of the committee
and whenever requested by them, an account of all transactions as
Treasurer: (d) and in general, performs all duties incident to the
office of Treasurer and such other duties from time to time as may
be assigned by the National Chair or the Executive Committee.
4.
Regional Chairs. The Regional Chair shall be a resource
person/facilitator for his/her region from which they are elected.
The duties of the Regional Chair will assist and support the local
MBEIC committees in fulfilling their responsibilities.
Article VIII - Election and Term of Office
1.
Election and Term of Office.
The term for all officers shall be two (2) years. A member may not
serve more than (3) consecutive terms in any office. Seven (7)
Regional Chairs will be elected in odd numbered years and three (3)
officers (National Chair, Secretary and Treasurer) will be elected
in even numbered years prior to or at the Annual Meeting. The date
of the election of the Regional Chairs will be in the odd numbered
years prior to the Annual Meeting on the date designated by the
Elections Chair. The Regional elections should be coordinated by an
Elections Committee appointed by the National Chair. The Elections
Committee shall poll each Region for interested eligible candidates
and list them on an electronic or paper ballot for timely
distribution to eligible voters. The election results should be
timely reported to the Executive Committee, each Regional Chair,
Vice Chair and NMBEIC Chair in the respective Region. Regional
Chairs and Vice-Chairs shall be elected by the Regional Council’s
MBEIC Chairs within their respective region.
Each
MBEIC Chair is eligible to cast one (1) vote each for the office of
Regional Chair.
In
instances where more than one (1) Chair of the Regional MBEIC exist
(i.e. Co-chairs), the MBEIC will determine which Chair will vote on
behalf of the Regional MBEIC. If the election of officers shall not
be held at such meetings, such elections shall be held as soon
thereafter as reasonably convenient. In instances where more than
one company is owned by the same principal (1) the originally
certified company will be counted for the purposes of
representation.
2.
Vacancies and Appointments.
Vacancies may be filled, or new offices created, at any meeting of
the Executive Committee. Each officer shall hold office until his
successor has been duly elected and shall be qualified or until his
death or until he shall resign or shall have been removed on the
manner hereinafter provided. Vacancies may be filled, or new
officers created, at any meeting of the Executive Committee.
3.
Removal.
The
issue of the removal of an elected officer should be discussed with
the full executive committee.
The Executive Committee will review both request and response and
make a determination as to the disposition and present its
suggestion to the full body either stating there is no merit and
citing why or if merit the issue and both accusation and response
will be share with full constituency. Subject
to ratification by the NMBEIC, any Officer or Chairperson elected or
appointed may be recommended for removal by a majority vote of the
NMBEIC Committee whenever, in its judgment, the best interest of the
Committee will be served by such action after notice and an
opportunity to respond in writing or in person is afforded the
Officer or Chair.
One
month (30 days) written notice of removal must be given the Officer
or Chairperson before an actual vote for removal from office. A
special meeting of the NMBEIC shall be called to discuss removal and
vote on the removal. If said removal is upheld, this meeting will
also involve a majority vote for replacement of the officer removed.
In an
instance where the National NMBEIC Chair can not fulfill their
responsibility the 1st chair will ascend to the chair and the 2nd
vice chair would move to the 1st vice chair
(a)
If
there is less than a year remaining in the term, the 1st and 2nd
vice chair would simply move up. Than a 2nd vice chair would be
appointed.
(b)
If
there is more than a year remaining in the term, the same would
occur until a special election is done to select the chair.
Notice of Special Meeting:
Written notice stating the place, day and hour of any special
meeting of the Committee and the purpose(s) for which the meeting is
called, shall be delivered not less than fifteen days before the
date of the meeting. If mailed, such notices shall be deemed to be
delivered when deposited into the United States mail, postage
prepaid and addressed to each Committee member in accordance with
the roster kept by the NMBEIC. If by Fax, the "message sent"
document shall be maintained as verification of notification. If by
e-mail, the "message sent" document shall be maintained as
verification of notification
Article IX - Committees
Executive Committee.
The NMBEIC Executive Committee shall consist of the National Chair,
two (2) National Vice Chairs, National Secretary, National
Treasurer, the seven (7) Regional Chairs and the immediate past
NMBEIC Chair in an ex officio capacity (non voting). This committee
shall exercise the authority of the NMBEIC over all general policy
matters.
1. All
communication and discussion of the executive committee shall remain
confidential until such time as the next quarterly meeting of the
NMBEIC at which time all
communications, discussions and actions taken by the executive
committee will be reported to the full committee
or
sooner if deemed appropriate
by the National Chair
or Executive Committee.
2.
The Standing Committees: The Standing Committees and their
primary charges are as follows:
A
OPERATING GUIDELINES COMMITTEE: The Operating Guidelines Committee
shall be responsible for monitoring, interpreting, and/or amending
the Operating Guidelines as directed by the Executive Committee.
B
ELECTION COMMITTEE: The Election Committee shall be responsible for
the development, coordination, and implementation of the election
process for all National and Regional elections. The plan for the
conduct of each election of officers shall be submitted to the
Executive Committee for approval at least thirty (30) days prior to
any scheduled National or Regional election of officers.
C
GOVERNMENTAL AFFAIRS COMMITTEE: The Governmental Affairs Committee
shall be responsible for the monitoring, reporting, and development
of responsive strategies to Federal Governmental policies that
impact minority contracting and procurement opportunities.
D
"SUPPLIER OF THE YEAR" REVIEW COMMITTEE: The "SoY" Review Committee
shall be responsible for working with the national office to check
that all eligible MBEs are nominated for recognition during the
NMSDC national conference. The Committee may also report
periodically on best practices of affiliated councils in awarding
and/or recognizing outstanding suppliers at the local level
All activities, programs or initiatives to be implemented by the
Standing Committees as set forth in 2(a) to 2(d) above are
subject to approval of the Executive Committee of NMBEIC and the
NMSDC. The National Chair shall designate and establish other
Special Committees as necessary to carry out the business of the
NMBEIC. A current record of each Standing or Special Committee,
its scope of work, and membership shall be maintained by the
National Secretary and made available to the NMBEIC membership.
Article X - Meetings
1.
Annual Meetings. The annual meeting of the NMBEIC, for the
purpose of electing officers and for the transacting of such other
business that may come before the body, shall be held in conjunction
with the NMSDC Annual Conference. Time and place will be determined
by the date and location of the Annual Conference.
2.
Special Meetings. Special Meetings of the Committee may be
called by the Chair or a majority of the Executive Committee. The
time and place is to be determined by the Conveners(s).
Special Meetings - include non scheduled elections; vote to remove
officer(s)
3.
Regional Meetings. Each Regional Chair shall hold at least
one (1) meeting within his designated regional area between annual
meetings. Eligible voting members are local MBEIC Chairs, Officers,
and Committee Chairs within the Region. The time and place of the
meeting will be designated by a Regional Chair.
4.
Notice of Meetings. Written or printed notice stating the
purpose of the meeting of members, the place, day and hour, shall be
delivered to all voting members not less than forty-five (45) days
before the date of the meeting; whether personally, by mail,
electronically, by fax, by or at the direction of the Executive
Committee. If mailed, such notice is deemed delivered when deposited
in the U. S. Mail, postage prepaid and addressed to the member’s
address as it appears on the Register of Members kept by the
Secretary. If faxed, confirmation of receipt is required. If sent by
email, the last known email address maintained by the National
Secretary will be deemed adequate. Members are required to provide
the National Secretary of change of address, phone, fax and or email
addresses.
5. Quorum.
For the purpose of conducting business, a quorum shall consist of a
simple majority of all NMBEIC members present and eligible to vote
except at an Annual meeting. At an Annual Meeting a quorum shall
consist of one fourth (1/4) of the voting members registered and
eligible to vote or fifty percent (50%) of the Executive Committee
represented in person or by proxy.
6.
Voting. Each member of the NMBEIC shall, at every meeting of
its members, be entitled to one vote in person upon each subject
properly submitted to vote.
7.
Register of Members. The National Secretary shall keep and
maintain a current register of voting members of the NMBEIC
containing the name, address, name of their company or business,
their local council affiliation, date of membership and expiration
of membership. Such Register shall be prima facie evidence as to who
are the members at any given time entitled to vote at any meeting of
members.
8.
Informal Action. Any action required to be taken at a meeting
of the members may be taken without a meeting if consent is in
writing setting forth the action to be taken. Such consent shall be
signed by a majority of voting members of the committee with respect
to the subject matter thereof.
9.
Adjournment. Any meeting at which a quorum is present may be
adjourned upon such call as may be determined by vote. If less than
a quorum is in attendance at the time for which a meeting of
members’ hall has been called, the meeting may be adjourned without
any notice other than by announcement.
10.
Rules of Order. The rules contained in Roberts’ Rules of
Order (the current edition) shall govern parliamentary procedure
insofar as they are inconsistent with the Guidelines
(removed bylaws) of
the Committee.
Article XI - Ethics
As an elected or appointed leader the expection regarding
behavior while serving the business owner consutents is as
follows:
-
Avoid intent/appearance of unethical conduct in
business procesures and communication
-
Demonstrate loyalty by following lawful
instructions
-
Avoid conflict between personal and business
interests
-
Do not solicit or accept money, loans, credit,
discounts, or gifts and favors with appear to influence
decisions
-
Consider ethical and legal ramifacations when
handling confidential or proprietary information
-
Promote positive supplier relationships through
courtesy and impartiality
-
Represent the needs of all business owners
regardless of class
-
Strive to enhance the profession by maintaiing
technical excellence and highest stand for ethical
behavior
Article XII - Amendments
These "Operating Guidelines of NMBEIC") may be altered, amended
or repealed only by a majority vote of the Executive Committee and
approval by the membership. The proposed amendment (s) will be
provided to the NMSDC Executive Staff for review and approval prior
to distribution to the membership for approval by majority vote at
any quarterly or annual meeting of NMBEIC.
DATED: September 2007
APPROVED AND ACCEPTED:
____________________________
NMBEIC Chairperson - James Staton
____________________________
NMBEIC Operating Guidelines Committee Chairperson - Steve Bailey
___________________________
NMSDC Steven Sims VP
Operating Guidelines Committee
-
Steve
Bailey (chair)
-
Clifford
Bailey
-
Cedric
Beckett
-
Craig
Bingham
-
Ron Harland
-
Robert
Marsh
-
M. Larry
Richard
-
Warren
Sawyers
-
Lionel
Spearman
-
Sam Yardav