Please check off the box if your chapter has met the requirement.
I. Programs
1. Chapters must provide the required number of programs that are either substantive in nature or networking opportunities for members. Chapter programs should include those that fulfill Continuing Legal Education (CLE) in states where required. Chapters with membership of up to 200 must provide a minimum of 4 educational programs per year. Chapters with membership of 201 or more must provide a minimum of 6 educational programs per year.
2. Chapters generally have broad authority in selecting co-sponsors and
scheduling programs or events. In very limited situations, however, co-sponsorships or chapter programs may actually compete with ACC and its programs. Because it is in our mutual best interests to avoid such competition, Chapters must first consult with ACC Headquarters before committing to:
a. Co-sponsorships with national organizations that compete with ACC for
members or sponsors;
b. Chapter events or programs (excluding regularly scheduled CLE
programs) that compete with ACC’s national programs (webcasts,
Annual Meeting programs, and the like) due to content, timing or
location. (View co-sponsorship policy at
Note that this policy does not apply to local bar associations, law firms, or other organizations that don’t compete with ACC. Chapters are free to determine whether or not to co-sponsor events with non-competing organizations and/or to offer programs that don’t compete with ACC’s national programs without checking with ACC Headquarters.
3. Chapters must not hold a webcast on the same topic within ten business days as a national webcast. (See webcast policy at .
II.Public Interest (Pro Bono/ Diversity/ Advocacy/ Community Service)
Chapters can take positions on local issues consistent with the Criteria for Policy Development, but in no event can a chapter take a position inconsistent with an existing ACC policy. (See policy statement at
.
III.Financial and Legal
1. Fiscal Year —Chapters must operate on ACC’s fiscal year (10/1–9/30).
2. Required Reports —Chapters must submit the following annual reports to
ACC Headquarters.
a. Annual Chapter Activity Survey (reporting on chapter activities)
(due December 2012);
b. Chapter Leadership Reporting Form (providing names of
officers and directors) (due within 10 days after any election of
officers or directors);
c. Annual Financial Report (reporting on chapter finances) (due
early November); and
d. Chapter Budget (due early November with Annual Financial
Report). (View a sample budget at
.
A timeline of chapter obligations, including these reports, may be found at
3. Unrelated Business Income—Unrelated business income, such as advertising
sales, may produce taxable income.
a. As a §501(c)(6) organization (a not-for-profit corporation), ACC
is exempt from federal and state income taxes in most cases.
b. Chapters must track all unrelated business income.
c. Chapters should seek guidance from ACC Headquarters for
projects that will generate material unrelated business income.
4. 1099-MISC—Each year, Chapters must issue a 1099-MISC to all independent contractors who are not incorporated that earned more than $600 in fees paid during the preceding tax year (1/1–12/31).
a. The 1099-MISC must be provided to the contractor by no later
than January 31;
b. And to the IRS (with a transmittal 1096 form) no later than
February 28.
c. And to Anne Bracken, SVP & COA, ACC ()
no later than February 28.
d. Information on the relevant filings can be found at .
5.Related Party Transactions—Chapters must not provide rebates/dividends to members or provide any compensation or benefits to chapter officers or directors. In addition, Chapters must not engage in financial transactions with officers or directors or other insiders without prior guidance from ACC Headquarters..
6. Written Administrator Agreements—If a chapter decides to engage an administrator, the terms of such engagement must be set forth in a written agreement. View sample administrator agreements at .
7. Notice of Possible Claims—Chapters must immediately inform ACC Headquarters of the facts and circumstances surrounding:
a. Any threatened or actual claim, litigation or governmental/quasi-
governmental investigation;
b. Any unasserted claim that is probable of assertion; or
c. Any inquiry of any nature from the Internal Revenue Service or
state or local taxing authority, or any other governmental
authority.
8.Records Retention—Establish a record retention policy governing all records. See for specific recommendations.
a. In accordance with the ACC Headquarters records retention policy, chapters should maintain monthly/quarterly financial reports, profit and loss (P&L) statements, credit card charges, expense reports, and bank statements for five years from the date of the record or event.
b. Consider using the ACC extranet to manage important records for the chapter. All chapters have a web-based password protected server via Intralinks that your board can connect to online to house and share important documents. For more information or or instructions for accessing your Intralinks workspace, email Tori Payne at .
9. Conflict of Interest —Create a written conflict of interest policy to ensure
that the chapter does not jeopardize its tax status by engaging in transactions with officers and directors or other insiders that are not conducted at “arms” length or fair market value. See sample conflict of interest statement at . Also see Related Party Transactions above.
10. Joint Ventures—Chapters shall not enter into any joint ventures without the written permission of ACC Headquarters office in Washington D.C.
- Governance/Operations
1.Governance Documents—key documents include:
a. Articles of Incorporation
b. Bylaws
c. Amendments to Bylaws*
d. Minutes of Board meetings
Amendments to Chapter Bylaws must be approved by ACC Headquarters (Jim Merklinger at ) to ensure that no changes proposed conflict with state requirements for non-profit entities. ACC will post incorporation documents and chapter bylaws to Intralinks (chapter’s online file space) directly, at the chapter’s request.
2. Officers and Directors—Chapter Bylaws shall include:
a. Terms of office, including limits of two (2) years as chapter
president (see sample term limit clauses: );
Chapter bylaws or separate policies should describe, where applicable:
b. Duties of officers, directors, and committee chairs;
c. Requirements for reports of all officers and committee chairs at
Board meetings.
3. Chapter Operations—Chapter Bylaws should describe:
a. Essential mechanics for, and minimum frequency of, meetings
of the Board and chapter,
b. Requirements for election of officers and directors at an annual
meeting
c. Process for filling of vacancies
d. Committee structure, membership requirements, voting
provisions, and amendment process
4. Delegation of Authority—Chapter bylaws, board resolutions, or policies shall outline standards through which a member may commit the chapter to financial obligations or contracts. (See sample clause here: )
5. Commitment to Ethics—Chapters shall embrace a high-level commitment to ethics and integrity, including avoidance of actual or apparent conflicts of interest. Each chapter should communicate this commitment to its Board, volunteer leaders, chapter administrators and executive directors, and all others representing the chapter to the community. Each chapter should determine how to best implement and ensure compliance with its ethics policy such that it will foster and maintain a culture of integrity.
6.Commitment to Dynamic Continuing Leadership —The most vibrant, healthy chapters in the ACC are chapters that involve many chapter members as volunteer leaders in their chapter. Chapters shall strive to cultivate and nurture new leaders from its membership in order to encourage innovative member service and to ensure continuing leadership for the chapter. While each chapter may determine how best to pursue this goal, each chapter must demonstrate that it has taken specific and appropriate steps to institutionalize this commitment, particularly with respect to board leadership. Overall term limits on board service would be one excellent example of an appropriate action in connection with this requirement.
V.Communications
1. ACC Brand License—ACC has drafted a license agreement governing the use of ACC trademarks. Each chapter must sign the licensing agreement with ACC for the use of the trademarks, brands, and logos (collectively “ACC Trademarks”) and shall not, at any time, use the ACC Trademarks in any manner which violates the terms of the licensing agreement or in a manner which is contrary to the instructions regarding the use of the ACC Trademarks as contained in any ACC style-guide or as directed by ACC Headquarters. ACC Headquarters must approve chapter logos in advance.
2. Co-sponsorship & Endorsements—ACC’s image can be enhanced or diminished as a result of the organizations with which it associates. ACC generally discourages co-branded chapter events and chapter endorsements of events produced by third parties, but recognizes that under certain circumstances the interests of the membership may be served thereby.
Chapters may not, however, agree to co-brand or endorse a program with a national third-partyorganizationor with any organization if the event will be marketed outside of the chapter’sgeneral area, without the prior approval of ACC’s President or designee. See full co-sponsorship policy at .
3. Member Contact Information—Chapters may not sell its membership list. Request to purchase your membership list should be directed to ACC’s Headquarters. Also chapters cannot grant access to, or otherwise provide contact information for ACC membership to third parties without the permission of ACC’s Headquarters and use of a signed mail list agreement in the appropriate circumstances. See ACC’s privacy policy at .
4. Promotion of Job Opportunities—Chapters should communicate with members regularly regarding in-house job openings within their regions; however, openings promoted by headhunters, recruiters and other vendors should not be promoted by the chapter unless the position is also listed on ACC’s In-House Jobline. (See policy statement at .