ARTICLE I – Name and Definitions
Section 1.
The name of this non-profit organization is HAWAII ALOHA CHAPTER, MOAA, SCHOLARSHIP FUND, hereinafter referred to as the Fund.
Section 2.
The Fund is a non-profit organization separate from the Hawaii Aloha Chapter, MOAA and is established:
(a)
To meet the requirements to be declared tax-exempt under section 501(c)(3) of the Internal Revenue Code, if asked to do so and;
(b)
To have average annual gross receipts of not more than $50,000.
Section 3.
The principal office of the Fund shall be in Honolulu, Hawaii.
Section 4.
A Board of Trustees shall administer the Fund.
ARTICLE
II
–
Purposes
Section 1.
This Fund is organized and shall be administered and operated exclusively to receive, administer, and expend funds for the following charitable and
educational purposes, as permitted by section 508(c)(1) and within the meaning of section 501(c)(3) of the Internal Revenue Code:
(a)
To provide scholarships (i.e. grants which do not require repayment) to eligible persons as defined in Article III, Section 1 to enable recipients to
attend accredited educational institutions;
(b)
To engage in charitable and educational activity in fulfillment of the foregoing; and
(c)
To engage in all lawful activities incidental to the foregoing purposes except as restricted herein.
Section 2.
To accomplish its charitable and educational purposes, the Fund shall also have the power:
(a)
To receive, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property, or
any interest therein, wherever situated;
(b)
To sell, convey, mortgage, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets;
(c)
To receive, take, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, and otherwise use and deal in
and with shares or other interests in, or obligations of, other domestic or foreign corporations, whether for profit or not for profit, associations, partnerships, or
individuals, or direct or indirect obligations of the United States or of any other government, state, territory, governmental district, or municipality or of any
instrumentality thereof; and
(d)
To have and exercise all powers necessary or convenient to affect its purpose.
ARTICLE III – Student Selection and Administrative Procedures
Section 1.
Eligibility Criteria
(a)
Persons affiliated with MOAA without restrictions as to age when they apply and through the academic period for which the scholarship is awarded:
(i)
MOAA members or their spouses’ or
(ii)
MOAA members’ children or grand children
(b)
Persons not affiliated with MOAA who are living in the State of Hawaii when they apply and are:
(i)
Applicants, one of whose parents is a member of any Uniformed Service but not a member of MOAA,
(ii)
Applicants who neither themselves nor their parents are members of MOAA but who are serving in one of the Uniformed Services.
(iii)
Any person
enrolled in any Junior ROTC program at any high school or Senior ROTC program at any college or university in the State of Hawaii.
Section 2.
Conditions of Eligibility
(a)
Each applicant
must be accepted for admission to an accredited college or technical institution and must remain a student in good standing.
(b)
Eligibility ends when a student graduates or is no longer enrolled full-time as defined by the academic institution attended.
(c)
Applicants must affirm that they have registered for Selective Service, if/when required to by law.
Section 3.
Selection criteria.
The Board of Trustees of the Fund shall:
(a)
Serve as an unbiased committee responsible for confirming/selecting the students to receive scholarships;
(b)
Confirm/select otherwise qualified students based on factors such as financial need, scholastic ability or potential, and apparent excellent
character and personal qualities; and
(c)
Confirm/select students who currently reside in Hawaii without discrimination due to race, creed, color, national origin, sex, or disability.
Section 4.
Conflict of interest.
If a member of the Board of Trustees is directly related to an applicant, that member shall recuse himself/herself from the confirmation/selection
process.
Section 5.
Awards.
(a)
If possible, awards shall be made directly to the institution at which the recipient matriculates or presented to the recipient at appropriate JROTC/ROTC
Awards ceremonies.
(b)
All decisions of the Board of Trustees shall be final.
ARTICLE IV – Membership
The Fund shall not have members.
ARTICLE V – Board of Trustees
Section 1.
General Authority.
There shall be a Board of Trustees of the Fund which shall manage, supervise, and control the business, property, and affairs of the Fund. The Board's
primary purpose shall be to implement the purposes of the Fund stated in Article II.
This includes, but is not limited to, the Board functioning as a committee to confirm/select students to receive scholarships or grants.
Section 2.
Membership.
The number of Trustees of the Fund shall be five to nine individuals, all of whom shall be members of Hawaii Aloha Chapter, MOAA.
The members of Hawaii Aloha Chapter, MOAA, shall elect all Trustees of the Fund.
Section 3.
Term of Office.
Individuals on the Board of Trustees of the Fund shall serve for a term of three years and may be re-elected to two successive three-year terms of office.
Trustees may be elected to terms of office that are staggered so that approximately one-third of the Trustees are elected each year.
The election of Trustees shall normally take place during the Chapter's annual meeting.
If a vacancy occurs on the Board of Trustees, the unexpired term of that vacancy may be filled by affirmative vote of the majority of the remaining
Trustees but must be filled by election at the next annual chapter meeting.
Section 4.
Resignation.
Any Trustee may resign at any time by giving written notice to the Chairman of the Board of Trustees.
Such resignation shall take effect at the time specified therein, or, if no time is specified, at a time determined by the Chairman of the Board of
Trustees.
The successor trustee shall be selected in accordance with Section 3 above.
Section 5.
Removal.
Any Trustee may be removed from office by a two-thirds vote of the Board of Trustees for cause, and after opportunity to be heard, whenever, in its
judgment, it may consider such action in the best interests of the Fund.
Section 6.
Meetings.
Regular meetings of the Board of Trustees shall be held at least three times each calendar year.
Other meetings may be called by the Chairman or by one-third of the Trustees.
At the first meeting of each year, the Board shall determine the number, amount, and nature of awards to present in the upcoming academic year.
Notice of such meetings shall be sent to each Trustee at least seven days prior to the meeting.
Minutes of the meetings shall be kept.
Section 7.
Quorum.
A majority of members serving on the Board of Trustees shall constitute a quorum capable of transacting any business that may come before a meeting of the
Fund’s Board of Trustees.
An affirmative vote of a majority of the Trustees present at the meeting is necessary to adopt any business matter, unless a higher percentage is required
elsewhere in this document.
Section 8.
Compensation.
Trustees shall not receive any compensation for their services on the Board of Trustees.
The Board of Trustees may authorize payment by the Fund for the expenses of trustees expended to attend regular or special meetings of the Board.
Section 9.
Disbursements.
All disbursements for scholarships and administrative expenses shall be made only upon approval by the Chairman or the Treasurer.
Both signatures may be required on checks issued.
ARTICLE VI - Officers
Section 1.
Officers. The officers of the Fund shall consist of a Chairman, a Vice Chairman, a Treasurer, and a Secretary, and may include such other officers as may
be deemed necessary.
Section 2.
Election of Officers.
The Board of Trustees shall elect the officers of the Fund.
Such elections shall take place at the first meeting of the Board of Trustees in the calendar year following the election of Trustees.
Section 3.
Term of Office.
The officers of the Funds shall be installed as soon as practicable after their election and shall hold office for the duration of their term of office
unless sooner removed, otherwise disqualified, or until respective successors are elected and installed.
Section 4.
Duties.
The Chairman and other Fund officers shall perform such duties as are described in these bylaws and as assigned to them by the Board of Trustees.
ARTICLE VII – Committees
Section 1.
Selection Committee.
The Board of Trustees of the Fund shall function as a committee-of-the-whole to confirm/select the students who will receive scholarships.
The Board’s Vice Chairman shall be the Selection Committee Chair.
Section 2.
Other Committees.
The Chairman of the Board of Trustees may create other committees that he or she deems advisable and may define their duties.
ARTICLE VIII – Fiscal Year and Audit
Section 1.
The fiscal year of the Fund shall be from January 1 to December 31 of every year.
Section 2.
At the close of the fiscal year, the Chairman may appoint an audit committee to conduct an examination of the Fund’s financial records and to make a
report to the Board of Trustees.
ARTICLE IX –
Seal
The Board of Trustees of the Fund may provide an organization seal that shall incorporate the logo of the Hawaii Aloha Chapter, MOAA.
ARTICLE X – Parliamentary Authority
The rules contained in the current edition of Robert's Rules of Order, Newly Revised shall
govern the Fund in all cases to which they are applicable and are consistent with these bylaws and any special rules of order the Fund may adopt.
ARTICLE XI – Limitation on Activities
Section 1.
The Fund is organized and operated exclusively for charitable and educational purposes within the meaning of sections 170(c)(2)(B),
501(c)(3); 2055(a)(2), and 2522(a)(2) of the Internal Revenue Code.
No substantial part of the activities of the Fund shall be the carrying on of propaganda or otherwise attempting to influence legislation.
The Fund shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in
opposition to any candidate for public office.
Section 2.
The Fund shall use its funds only to accomplish the objectives and purposes specified in these Bylaws, and no part of the net earnings of the Fund shall
inure to the benefit of or be distributable to its Trustees, Officers, or other private individuals, or other organizations organized and operating for profit except
that the Fund is authorized and empowered to pay reasonable compensation for services rendered.
ARTICLE XII – Dissolution
On dissolution or final liquidation, the Board of Trustees shall, after paying or making provision for the payment of all the lawful debts and liabilities of the Fund,
distribute all the assets of the Fund to one or more of the following categories or recipients as the Board shall determine:
(a)
Nonprofit organization or organizations, which may have been created to succeed the Fund, if such organization or each of such organizations shall then
qualify as a governmental unit under section 170(c) of the Internal Revenue Code, or as an organization exempt from federal income taxation under section 501(a) of such
Code as an organization described in sections 170(c)(2) and 501(c)(3) of such Code; and/or
(b)
Nonprofit organization or organizations having similar aims and objectives as the Fund and which may be selected as an appropriate recipient of such
assets, if such organization or each of such organizations shall then qualify as a governmental unit under section 170(c) of the Internal Revenue Code, or as an
organization exempt from federal income taxation under section 501(a) of such Code as an organization described in sections 170(c)(2) and 501(c)(3) of such Code.
ARTICLE XIII – Internal Revenue Code
References herein to sections of the Internal Revenue Code are to provisions of the Internal Revenue Code of 1986, as amended, as those provisions are now enacted or to
corresponding provisions of any future United States internal revenue law.
ARTICLE XIV – Amendments to Bylaws
Section 1.
These bylaws may be amended at any regular meeting of the Hawaii Aloha Chapter, MOAA, by a three-fifths vote of members present and voting, provided that the amendment
had been submitted in writing at the previous meeting or sent in writing, with at least fourteen day’s previous notice, to all members of Hawaii Aloha Chapter, MOAA
.
Section 2.
An amendment to these bylaws goes into effect immediately upon its adoption unless the motion to adopt specifies a different effective date.
Adopted by Hawaii Aloha Chapter Members at their meeting on:
April 26, 2017
