Bylaws
ARTICLE I: Purpose and Membership
The name of this organization shall be the National Legislative Program Evaluation Society (NLPES), a professional staff organization of the National Conference of State Legislatures (NCSL).
The purposes of NLPES are to:
- Advance the fields of legislative program evaluation and performance auditing;
- Enhance professionalism and training in legislative program evaluation and performance auditing;
- Promote the exchange of ideas and information about legislative program evaluation and performance auditing;
- Recognize significant contributions to the fields of legislative program evaluation and performance auditing; and,
- Identify new issues that affect the practice of legislative program evaluation and performance auditing.
Any individual who meets the following criteria is a member of NLPES:
- Is employed by a member legislature of NCSL to conduct program evaluations or performance audits;
- Is employed by an agency of a member legislature of NCSL and who, as determined by the individual’s employing agency, contributes to the program evaluation or performance audit work of that agency; or
- Is employed by an agency whose director is appointed or selected by a member legislature of NCSL and who, as determined by the individual’s employing agency, contributes to the program evaluation or performance audit work of that agency.
ARTICLE II: Executive Committee
The Executive Committee is responsible for the overall governance of NLPES, including having authority and control over the general management and business affairs of NLPES, in accordance with its bylaws.
The Executive Committee shall be composed of 12 voting members who shall be elected in accordance with Article III and serve for a period of three years and shall be eligible for re-election. No more than one person from the same state shall serve on the Executive Committee at the same time.
If an elected member serves as chair of the Executive Committee in the final year of his or her term and is not re-elected or does not seek re-election to the Executive Committee, the member shall be eligible to remain on the Executive Committee as the immediate past chair for one additional year as a thirteenth voting member.
The Executive Committee shall provide for its own organization and rules of operation and shall elect its own officers.
ARTICLE III: Elections
The elections subcommittee, established pursuant to Article VII, shall oversee the annual process by which NLPES members are nominated and elected to serve on the Executive Committee.
The elections subcommittee shall determine the form and manner in which candidate nominations should be submitted, including a deadline for the receipt of such nominations. The elections subcommittee shall provide information about the nomination and election process to the NLPES membership. Nominations that are not received by the deadline or in the form prescribed by the election subcommittee shall not be accepted. The list of qualifying nominees shall constitute the ballot.
When the number of nominees is greater than the number of Executive Committee members to be elected, the elections subcommittee shall submit the ballot to the NLPES membership for a vote. Those individuals who are members of NLPES as provided for in Article I as of the date of the election are eligible to vote in the election. Candidates receiving the highest number of votes shall be elected to the Executive Committee in order of their respective vote shares until all seats that are up for election have been filled. The elections subcommittee shall certify the election results to the Executive Committee and give notice of the election results to the NLPES membership.
When the number of nominees is equal to or less than the number of Executive Committee members to be elected, a vote of the NLPES membership is not required. The Executive Committee shall, by a majority vote, certify the nominees as duly elected members of the Executive Committee. When the number of nominees is less than the number of Executive Committee members to be elected, a vacancy on the Executive Committee shall exist and be filled in accordance with Article VI.
The annual nomination and election process shall be completed by June 30 of each year. Newly elected members shall begin their terms at the annual fall meeting following the election.
ARTICLE IV: Meetings
The Executive Committee shall meet at least three times each year. The first required meeting of each meeting year shall be held in conjunction with the NLPES Fall Professional Development Seminar and is referenced in the bylaws as the “annual fall meeting.” The remaining two required meetings shall be held at such time and place as designated by the chair. If the NLPES Fall Professional Development Seminar is not held in a given year, the annual fall meeting shall be held at such time and place as designated by the incoming chair. The Executive Committee may hold additional meetings during the year at such time and place as designated by the chair.
Adequate advance notice of Executive Committee meetings shall be provided to the membership, but such notice shall not occur less than 24 hours prior to the meeting.
A quorum for the transaction of official business shall consist of a majority of the members of the Executive Committee and shall include at least one officer. Vacant seats on the Executive Committee shall not count for the purpose of determining a quorum.
When a quorum is present, a majority vote of the Executive Committee members present is sufficient for the adoption of a motion. Motions fail on a tie vote.
Participation in Executive Committee meetings using technologies such as conference call or internet-based software is permitted and shall count for the purpose of determining a quorum.
The chair shall be the presiding officer at all Executive Committee meetings. If the chair is unable to preside at any meeting, the vice-chair shall be the presiding officer. If the vice-chair is unable to preside in the chair’s absence, the secretary shall be the presiding officer.
The secretary or, in the absence of the secretary, another individual designated by the chair, shall record minutes of Executive Committee meetings.
ARTICLE V: Officers
The Executive Committee shall have the following officers: chair, vice-chair, secretary, and immediate past chair. Each officer shall serve a one-year term commencing at the annual fall meeting.
The following transitions in officer positions shall occur at the annual fall meeting:
- The chair from the previous year shall automatically succeed to the position of immediate past chair.
- The vice-chair from the previous year shall automatically succeed to the position of chair.
- A new vice-chair shall be elected.
- A new secretary shall be elected.
ARTICLE VI: Vacancies
Executive Committee Vacancies
In the event that a vacancy in a seat on the Executive Committee occurs, the unsuccessful candidate who had the next-highest vote share in the most recent NLPES election shall be offered the seat for the remainder of that seat’s term. If there is no such candidate, then the Executive Committee shall, by a majority vote, appoint a member of NLPES to serve in that seat for the remainder of that seat’s term.
Officer Vacancies
In the event that a vacancy in the position of immediate past chair occurs, the current chair of the Executive Committee may appoint a former chair of the Executive Committee to fill the immediate past chair position for the balance of the position’s one-year term. The appointment of a former chair to fill a vacancy in the immediate past chair position shall not count against the limitation in Article II that no more than one person from the same state may serve on the Executive Committee at the same time. If no person is appointed, the immediate past chair position shall remain vacant.
In the event that a vacancy in the position of chair occurs, (1) the vice-chair shall automatically succeed to and serve as chair for the balance of the outgoing chair’s one-year term and remain as chair for another one-year term commencing at the next annual fall meeting, and (2) at the next annual fall meeting, there shall be a vacancy in the immediate past chair position.
In the event that a vacancy in the position of vice-chair or secretary occurs, the Executive Committee shall elect a person to fill the vacancy for the balance of the position’s one-year term.
If a vacancy occurs in the position of vice-chair, the person elected to serve as vice-chair for the balance of the outgoing vice-chair’s term may choose whether to automatically succeed to the position of chair in the ensuing year. If the vice-chair elects not to succeed to the position of chair, the Executive Committee shall elect a person to serve as chair in the ensuing year.
ARTICLE VII: Subcommittees
The chair may create subcommittees and appoint subcommittee members, as necessary, to carry out the Executive Committee’s work. At a minimum, the chair shall appoint one member to an elections subcommittee for the purpose of overseeing the annual nomination and election process provided for in Article III. No member of the Executive Committee shall serve on the elections subcommittee if he or she is a candidate for re-election to the Executive Committee in that year.
ARTICLE VIII: Amendment of Bylaws
Amendments to the bylaws may be proposed by any member of NLPES at any time. Such proposed amendments shall be submitted to the chair of the Executive Committee who shall forward the proposed amendments to the Executive Committee for consideration.
Prior to taking any action on proposed amendments to the bylaws, the Executive Committee shall give notice of such proposed amendments to the NLPES membership and allow for a 30-day review and comment period. At the conclusion of the 30-day review and comment period, a summary of the comments received shall be posted to the NLPES website.
Once the 30-day review and comment period has concluded, the proposed amendments may be adopted or rejected by a majority vote of the Executive Committee.
Last amended July 25, 2019