PURPOSE:
The Massachusetts State Council is the integral organizational component at the state level , chartered by the National Association, to implement its philosophy objectives, and leadership on the state level, as well as to coordinate the professional activities of members within the state in liaison with the National Level, General Assembly and the Board of Directors. The Massachusetts State Council shall act in accord with Bylaws and Procedures.
OBJECTIVE:
To promote and to implement the philosophy and objectives of the National Emergency Nurses Association (ENA) on the state level.
RESPONSIBILITIES:
State Professional Issues: The Massachusetts State Council has the responsibility to monitor and to address professional issues related to emergency care on the state level.
State Resource for Emergency Nursing: The Massachusetts State Council shall serve as a resource for emergency nursing within the state.
State Professional Liaisons: The Massachusetts State Council shall maintain liaison with appropriate state professional organizations and agencies which may include, but are not limited to:
Massachusetts College of Emergency Physicians (MACEP)
Massachusetts Emergency Medical Services (EMS)
Massachusetts Board of Registration for Nursing (BORN)
Massachusetts Nurses Association (MNA) and state offices of Specialty Nursing Organizations
State Legislative Issues: The Massachusetts State Council has the responsibility to monitor state legislative issues affecting emergency care and emergency nursing practice.
State Continuing Education Program: The Massachusetts State Council has the responsibility to provide at least one (1) continuing education program per year either sponsored solely by the State Council or in conjunction with an associated group within the state or region.
State Coordination – Member Activities: The Massachusetts State Council has the responsibility to coordinate professional activities of members within the state in accordance with Bylaws and Procedures.
State Membership Drive: The Massachusetts State Council has the responsibility to conduct an annual membership drive each year in liaison with the local and national levels of the Association.
State General Assembly Delegation: The Massachusetts State Council has the responsibility to organize and to send a State Delegation to the National Association’s Annual General Assembly, to present resolutions for debate and action and to identify qualified candidates for National elected and appointed positions.
State Elections: The Massachusetts State Council has the responsibility to hold elections annually in accordance with its Bylaws for officers and At-Large State Councilors of the State Council. All members of the Corporationare eligible to vote. The members of the Corporation shall consist of those individuals who are current National Members of the Association and who express a desire in being a member of the Corporation. At least twenty (20) members of the Corporation must be present or duly represented for the election of Officers and At-Large State Councilors.
State Publications: The Massachusetts State Council has the responsibility to regularly publish and to distribute a circular letter or newsletter, regarding professional activities dealing with the local and state levels of the Association to all National members within the state.
State Council Meetings: The Massachusetts State Council has the responsibility to conduct formal State Council business meetings at least four (4) times a year, in accord with the current edition of Robert’s Rules of Order.
State Financial Records: The Massachusetts State Council has the responsibility to prepare an annual budget, to maintain financial records in accord with the generally accepted accounting procedures, and to follow all Internal Revenue Service regulations, as an integral component of the Association.
Records and Files: The Massachusetts State Council has the responsibility to maintain State Council financial and professional records and files, as well as to provide for a mechanism to transfer same upon the installation of new officers.
CHARTER
If the State Council does not adhere to the Bylaws and Procedures its charter may be suspended or revoked:
Suspension of Charter: If the Massachusetts State Council does not adhere to the Bylaws and Procedures, the Board of Directors will serve written notice regarding specific issues to State Council officers to address. If these issues are not addressed, the State Council charter will be suspended thirty (30) days after written notice to the State Council officers.
Revocation of Charter:The charter for the Massachusetts State Council while revoked, subsequent to: A hearing for State Council officers regarding the same, before the National Executive Committee, within sixty (60) days of initial suspension.
If the issues are not resolved in favor of the Bylaws and Procedures, the Massachusetts State Council charter will be revoked and a formal letter regarding the same will be forwarded to all State Council officers within ten (10) days of the hearing.
All financial management affairs will be transferred to the National Association.
INCORPORATION AND RELATED LEGAL MATTERS
The Massachusetts State Council has the responsibility to apply for a State Council Employer Identification Number (EIN) and to file same with the National office.
The Massachusetts State Council must obtain a 501(c)(3) Tax Exempt Status classification from the Internal Revenue Service by directly filing with that agency.
All chartered Association Chapters with the state of Massachusetts fall under the Incorporation and Tax Exempt Status of the State Council in accord with National Association Bylaws and Procedures. In January of each year the Massachusetts State Council will renew authorization for the use of its tax exempt status number to all Chapters provided that each respective Chapter has filed its Annual Financial Report with the State Council treasurer.
The Massachusetts State Council must obtain all necessary insurance coverage as required by law for a not-for-profit corporation within the state of Massachusetts, including Director and Officer Liability Coverage for State Council officers.
The MA ENA will not take retaliatory action against any board member, committee member, volunteer or association member, for reporting an activity such as violation of state or federal law, billing for services not performed or for goods not delivered, and other fraudulent or inappropriate financial reporting or management.
Massachusetts State Council Antitrust Policy
Background: To ensure monitoring of Massachusetts ENA State Council activities in order to report violations of the antitrust laws.
Policy Statement: Massachusetts ENA State Council (MAENA) will adhere to federal and state antitrust laws and regulations applicable to 501(c)(3) organizations.
Under federal and state antitrust laws, an association may be liable for action that constitutes a restraint of trade.
Accordingly, MAENA State Council will exercise extreme caution regarding its business decisions and will not engage in any activities that may result in an unreasonable restraint of trade.
MA ENA State Council will base business decisions on reasonable criteria that are applied objectively, consider all potential vendors and “1f necessary document the basis for the decision.
A MA ENA member who has concerns regarding antitrust should speak immediately to the President of the MA Board (or designee) or the National ENA Board Liaison who in turn will work with the appropriate National ENA leadership or legal counsel.
COMPOSITION
The Massachusetts State Council is composed of:
The Executive Council which consists of the current President, the Immediate Past President or the President-elect, the Treasurer and the Secretary. If the Immediate Past President is not available to serve on the executive committee, the President will appoint a past president to serve in that capacity. If no past president is available to serve, the position will remain unfilled for that year.
Committee chairs from the Standing Committees
- Education
- Fund Raising
- Trauma Nursing
- Nurse Practice
- Government Affairs
- Quality, Safety and Injury Prevention
- Pediatrics
- Membership
Not less than one (1) or more than two (2) appointed representatives from each chartered Chapter from the state.
No more than seventeen (17) councilors appointed to represent geographical areas/professional interests within the state and not represented by a chartered Chapter.
The total number of councilors appointed to represent Chapters, geographical areas and/or professional interests will be determined by a majority vote of the State Council at the annual meeting.
All Board Members, committee members and volunteers will be expected to submit a conflict of interest statement, at the commencement of their term and annually thereafter. Such statements include the disclosure of any connections with individuals or companies doing business with the organization. (see appendix for form)
STATE COUNCIL OFFICERS
State Council Officers will be:
- State Council President
- State Council Immediate Past President or President-elect
- State Council Treasurer
- State Council Secretary
State Council President:
Qualifications:
Current National Association Membership
Current professional nurse licensure
Responsibilities:
Serve as Chief Executive Officer of the State Council
Coordinate all Council administrative activities
Appoint committee chairs and committee members with Council approval, as circumstances warrant.
Term of Office: The State Council President shall serve for a two (2) year term, from January 1 to December 31 in the following year
Election:
The State Council President must be elected by a majority vote of those members returning a valid ballot.
The Massachusetts State Council will annually hold elections for its officers prior to the National ENA Annual Meeting.
State Council President-elect:
Qualifications:
Current National Association Membership
Current professional nurse licensure
Responsibilities:
To perform any duties assigned by the President for the State Council.
To succeed to the office of President at the expiration of the President’s term. In the event the position of President becomes vacant, the President-elect shall serve for the unexpired term and the term for which they were elected.
To exercise all privileges and responsibilities as an officer of the State Council as specified in the Bylaws and Procedures.
Term of Office: The State Council President-elect shall serve for a one (1) year term, to commence January 1st and terminate December 31st
Election: Refer to Section B 4 (a)/(b)
State Council Treasurer
Qualifications:
Current National Association membership
Current professional nurse licensure
Responsibilities:
To maintain State Council financial records in accord with generally accepted accounting procedures
To present a State Council budget proposal annually.
To maintain State Council banking accounts and disbursement thereof
To apply for and to maintain a State Council Employer Identification Number (EIN) and to file related information with the National office as described in the National Bylaws and Procedures.
To submit the revised Articles of Organization to the Massachusetts Secretary of State to maintain the not-for-profit status of the Corporation.
To complete and file the form 990 or 990-T directly with the Internal Revenue Service, if applicable, and to file a copy of same with the National office as described in the National Bylaws and Procedures
To submit a State Council annual Financial Report (Balance sheet and Statement of Revenue and Expenses for Council officer and member review) as well as financial reports for scheduled Council meetings. The Annual State Council Financial Report is to be filed with the National office on or before May 31st of each year.
Term of Office: The State Council Treasurer shall serve for a two (2) year term, to commence January 1st and terminate December 31st no individual shall serve more than two (2) consecutive terms.
Election: Refer to Section B 4 (a)/(b)
State Council Secretary
Qualifications:
Current National Association membership
Current professional nurse licensure
Responsibilities:
To perform all duties required as Secretary as outlined in Parliamentary Procedure and Common Law
To produce State Council business meeting minutes.
To coordinate with the president the State Council annual report to the National office, after receipt of reports from appropriate State Council officers and Committee chairs
Term of Office: The State Council Secretary shall serve for a two (2) year term, to commence January 1st of each year and terminate December 31st. No individual shall serve more than two (2) consecutive terms.
Election: Refer to Section B 4 (a)/(b)
COMMITTEES:
The Massachusetts State Council may appoint Committees to research and to address issues identified by the State Council officers, as circumstances warrant, while simultaneously serving as resource consultants.
The Massachusetts State Council will endeavor to maintain the following standing Committees:
- Education
- Trauma Nursing
- Government Affairs
- Nurse Practice
- Fund Raising
- Pediatric Nursing
- Quality, Safety and Injury Prevention
- Membership
Executive Committee consisting of President, President-elect or Immediate past President, Treasurer, and Secretary and one elected director at large.
GENERAL ASSEMBLY DELEGATION
The number of Delegates to General Assembly from the state of Massachusetts is determined by the National Association membership within the state.
2011 The ENA Bylaws Article V-Meetings: Section 1. General Assembly
The General Assembly shall be composed of delegates from all states and international delegates representing the international members.
The number of voting state delegates allocated for General Assembly shall be 700, apportioned as follows:
No state shall have less than two delegates which shall include the state president or a lead delegate appointed by the state.
In addition to the voting delegates, there shall be one nonvoting alternate delegate.
The remaining delegates will be allocated to the states based on the percentage the delegation is to the national membership, determined annually as outlined in procedures.
The National office will maintain current membership records
Ninety (90) days prior to the General Assembly, the National office will inform the Massachusetts State Council President of membership density within the state
The membership density within Massachusetts will determine the number of state delegates.
Membership growth or attrition following the deadline date, but prior to General Assembly will not affect the number of state delegates for that particular year.
The Massachusetts State Council will select delegates utilizing predetermined criteria.
The Massachusetts State Council will annually review and revise as necessary, criteria for accumulating points to serve as a state delegate.
The criteria will be made available through the state newsletter or special mailing to the membership at least ninety (90) days prior to General Assembly.
Completed delegate applications are reviewed and approved by the Executive Committee.
The full delegate roster for each General Assembly will be published in the first issue of the newsletter after the selection process has been completed
Qualifications for delegates and alternate delegates:
Current National Association membership.
Demonstrated participation in local Chapter and/or State Council meetings.
Participation in at least one (1) of the following activities related to emergency nursing since the previous General Assembly
Lecturer (other than that which is required to perform nursing role
Projects (public education projects, legislative involvement, fund raising, etc
Research in Emergency Nursing
Publication on topics related to emergency care
Certification (have taken the CEN exam or have made the commitment to take the exam within one (1) year).
Recommended factors to be considered as criteria for determination of Delegate selection:
An effort should be made to have delegate representation from all geographical areas and professional interest groups within the state
Recruitment of at least one (1) new ENA member within the past year.
Participation in Association activities on the local, state and/orNational level.
At least forty-five (45) days prior to General Assembly, the Massachusetts State Council must have determined the State Delegates and Alternate Delegates to General Assembly.
The Massachusetts State Council will forward the list of Delegates and Alternate Delegates to the National office on forms provided for the credentialing of Delegates
One additional individual who meet the established qualifications for Delegates may be selected as Alternate Delegates from the state of Massachusetts.
The Massachusetts State Council may provide partial funding for State Delegates to attend General Assembly providing that the Delegates meet the following obligations:
Attendance for the entire General Assembly
Participation the September Delegate’s Forum meeting prior to the General Assembly
Attendance and signing attendance sheet at either the ENA Board of Directors meeting or the town meeting held during annual conference
MEETINGS
- The Massachusetts State Council has the responsibility to conduct formal business meetings at least four (4) times a year, in accord with the current edition of Robert’s Rules of Order .
ASSESSMENT AND FINANCIAL MANAGEMENT
The Massachusetts State Council has the responsibility to prepare an annual budget and maintain financial records in accord with generally accepted accounting procedures.
The fiscal year for the Massachusetts State Council shall be January 1st through December 31st.
On a quarterly basis, the National office will forward a check to the Massachusetts State Council to include a State Council assessment for each National Association member joining the Association for the first time or renewing membership in the Association during the quarter.
The Massachusetts State Council may, by a two-thirds (2/3) vote of the State Council representatives; increase the respective annual State Council assessment from $5.00 to a maximum of $20.00 per year per member. The allocation can be made in $5.00 increments.
The Massachusetts State Council must provide a written rationale for the increase to each National association member in the state at least sixty (60) days prior to any vote to increase the State Council assessment.
The Massachusetts State Council must notify the National office of any increase in the State Council assessment per member by July 31st each year.
Once increased, the assessment will remain in effect until the State Council notifies the National office of a change. Again, this notification must occur by July 31st.
The Massachusetts State Council has the responsibility to file an annual Financial Report (Balance sheet and Statement of Revenue and Expenses) to the National office on or before January 31st of each year. The Massachusetts State Council Financial Report should include, as individual appendices, all respective Chapter Annual Financial Reports submitted to the Council for the fiscal year.
The Massachusetts State Council has the responsibility to complete and file its form 990-T, if applicable, directly with the Internal Revenue Service due May 15 and a copy sent to ENA National office by May 31st
The Massachusetts State Council will make provision in its annual budget for the following:
All necessary insurance coverage as required by law for a not-for profit corporation within the state of Massachusetts, including Director and Officer Liability coverage for State Council and Chapter officers
The State of Massachusetts newsletter publication.
Informal audits will be completed immediately following the term of any treasurer. Informal audits will be completed by the out-going and in-coming treasurer with oversight by the Executive Committee.
Formal audits by external auditing agencies may be initiated by a majority vote of the members of the State Council at any time.
The treasury will keep 50% of the operating budget in reserves ( equal to approximately $14.4K) Monies will also be kept in reserves for years when MA is NERS host.
Any net gain of annual budget will be added to the next year’s budget to be spent on membership.
Separate increases in annual spending on membership will be determined by the BOD each of the next 5 years to spend down any surplus.
Budget for Karen O’Neil and Phyllis Berg scholarships
Membership will prioritize spending suggestions by vote at the November budget meeting.
XII. REIMBURSEMENT OF EXPENSES
To standardize the procedure for reimbursement of expenses for the Massachusetts State Council including the Board of Director, Committee Chairs, and members as detailed below.
Courses- TNCC, ENPC
All course budgets must be submitted using the Course Financial Form ( see web site) to the State Treasurer either electronically or via mail, to ensure that all monies are disbursed appropriately.
Adjustments may be made to the budget by submitting revised Course Financial Form to the State Treasurer either electronically or via mail.
Per Course Financial Form and with the approval of Course Director – all final monies to be paid with final receipts and budgets submitted.
Refunds will be made to participants at the discretion of the Course Director.
Profits from courses will be allotted as indicated on Course Financial Form
President/Officer Travel Expense
Travel / Airfare for both president and President Elect /designee round trip.
If the President and/or President Elect chooses to drive instead of fly, he/she/they will be reimbursed at the current federal rate, parking, and tolls up to $450 each.
Lodging
President- room plus tax for up to 4 nights, indicated by length of conference
President Elect- 1/2 of room rate plus tax for up to 4 nights, indicated by length of conference
If President and President Elect share one room, payment will be reimbursed for one room with tax.
President and President Elect(/designee conference fee
Per-diem rate of $50/day for up to 4 days
All reimbursement requests must be submitted, either electronically or through the mail, to the State Treasurer and include Expense Reimbursement form (see web site) and supporting receipts.
National ENA Delegates Conference
Stipend Amount voted at the State meeting for selected delegates
Stipend submissions must be accompanied, either electronically or through the mail, to the State Treasurer and include Expense Reimbursement form and supporting receipts.
MENA Educational Events
Educational program development committee members will receive complimentary registration to said event but will be responsible for their meal costs if educational event provided catering services to attendees.
Mileage
Flat rate of $20.00 per meeting for people that travel more than 60 miles round trip until budget line item amount is reached.
All reimbursement requests must be submitted, either electronically of through the mail, to the State Treasurer and include an Expense Reimbursement form and route/map with mileage i.e. Google, Yahoo maps.
Gifts and Donations
Approved at the MA State ENA meeting or through consensus approval and should be reasonable.
All reimbursement requests must be submitted, either electronically of through the mail, to the State Treasurer and include Expense Reimbursement form and supporting receipts.
Postage, Office Supplies etc.
All reimbursement requests must be submitted, either electronically of through the mail, to the State Treasurer and include Expense Reimbursement form and supporting receipts
XIII. PUBLICATIONS
The Massachusetts State Council will endeavor to publish and to distribute a circular letter or newsletter at least quarterly
The publication will cover professional activities dealing with the local and state levels of the Association
The publication will be distributed to all National members within the state.
XIV. STATUS REPORT FORM
The Massachusetts State Council Status Report Form maintained by the National office includes the name, address and telephone number(s) of current State Council President and current State Chapter Presidents.
The Massachusetts State Council has the responsibility to maintain a current State Council Status Report Form with the National office, including notification of a name and/or address change as it occurs.
The Massachusetts State Council has the responsibility to complete its annual Self Assessment, establishing and prioritizing goals and objectives for the current year.
XV. RECORDS AND FILE
The Massachusetts State Council has the responsibility to maintain financial and professional records and files, as well as to provide for a mechanism to transfer same upon installation of new officers.
The State Council will maintain certain records permanently. These include:
- Tax returns
- Annual reports
- Audit reports
- Bylaws
- Articles of Incorporation
- Meeting minutes
- Property and equipment records
- Trademark registrations and copyrights
- Printer’s proofs of all publications
- Legal documents
- Tax-exempt status filings and any other documents that pertain to the establishment and permanent operation of the Association
Records Retained for Seven Years
The State Council will retain certain accounting records for seven years in order to meet statutory, tax, grant and audit requirements. These include:
Primary accounting records such as bank statements, check registers, cancelled checks and supporting documentation
- Cash receipts records
- Brokerage and/or investment account statements
- Completed grant program documents and contracts
- Expired contracts
- Form 1099 records
- Data Back-up
The process to backup digital communications, data and other electronic files is an essential practice to insure against the loss of valuable information.
MENA documents and financial information electronically stored by Council officers will be backed up monthly either on alternate portable drive or disks
Destruction of records
Records should not be kept any longer than retention periods stated previously, whether in hard copy, electronic data storage or computer data base. When storage term limit is reached, such records will be shredded, erased or otherwise modified so as to make the records unreadable.
Once records have met their retention period limit and destructions has been approved by the MENA State Council, Record Destruction Form (see Appendix) must be completed.
Immediately upon learning of an investigation or court proceeding involving a particular MENA matter or subject, relevant MENA officers, committee members, and volunteers shall be notified to preserve all documents and records, both hard copy and electronic, pertaining to that matter or subject and to cease and avoid any destruction of the documents and records pertaining to that matter or subject that would otherwise be authorized as stated above.
XVI MAILING LABELS
Mailing labels/member list and emails addresses of the state membership will be available free of charge for all State Council and Chapter activities.
At the discretion of the President of the State Council or his/her designee, the list will be available for non-ENA related events of interest to the membership at a cost of $50.00 per one time use.
Monies will go into the general treasury.
Member lists will be available within a two (2) week period following request
XVII. DISSOLUTION OF A CHAPTER
Chapter Treasury
If a chapter has its charter revoked or suspended or voluntarily dissolves, all monies in the chapter treasury will be sent to the State Council treasurer within 30 days. These monies will be held in escrow for two (2) years.
If during this two (2) year period, a new chapter is formed within the same geographical area, the State Council may authorize not more than 50% of the monies to be used by the new chapter.
After a one year period, if the new chapter meets all the national and state requirements, the remainder of the monies will be forwarded to the new chapter.
If a new chapter is not formed within two (2) years, all monies will revert to the General State Council Treasury.
Officers of the dissolving chapter may make a request as to how 50% of these monies will be spent after the two (2) year escrow period. The State Council will vote to honor such requests or not.
Chapter Records
All chapter records will be sent to the State Council secretary upon dissolution or revocation or suspension of its charter within thirty (30) days.
SAS / Reviewed 12/2014
July15,2015
Massachusetts Informatics Committee Website Policy and Procedures
I. PURPOSE
a. To define procedures for determining content and the administration of the Massachusetts ENA website. www.ena-ma.org
b. To guide the State Council Board of Directors, Chapter Board of Directors and ENA members in the use and administration of the web based communication and archives tools.
c. To increase communication, reduce overhead expense of print mail distribution and to assure that communications are timely.
II. PROCEDURE
A. Massachusetts ENA Website Content:
i. All Content shall be in conjunction with the mission, vision, goals and objectives of ENA and MA ENA
1. The MA ENA Secretary shall serve as the Board Liaison to assure all website content is accurate and up-to-date.
2. Content placed on the main web pages shall be approved by the State Council Board of Directors or their designee
3. Content on the Chapter pages shall be approved by the Chapter Board of Directors or their designee
4. Committee web page content shall be approved by the Committee Chairperson
5. Chapters and Committee Chairpersons shall submit updated information within 2 weeks following their respective meetings. (See Archiving section B below)
ii. Web Based Communications that do not require approval are as follows:
1. All MA ENA Members – State Council meeting reminders, member surveys, candidate profiles (prior to an election), announcement of award nominee’s/winners, the State Council newsletter, new member welcome letter and expiring member reminder letter
2. Chapter Members – Chapter meeting reminders, officer candidate profiles (prior to the election), announcement of award nominee’s/winners, the Chapter newsletter, new member welcome letter and expiring member reminder letter
3. Committee Groups: Committee minutes, committee meeting reminders and committee issues/items that require feedback be sent to the Board of Directors.
ii. Attachments shall be converted to pdf file format to minimize member exposure to virus.
iii. Only after an orientation to uploading process by the informatics committee chair or designee can the above designated members upload content to the site.
B. Archiving Records for Retention Purposes
i. The official archives of MA ENA are to be kept by the State Council Secretary and transferred to the informatics chair for electronic archiving on a yearly basis at the December orientation meeting.
ii. Financial records are maintained by the State Council Treasurer on the website for no less than 7 years.
iii. It is strongly encouraged that both state council officers and committee chairs and individual chapters collect records for archiving in order to maintain the heritage of Massachusetts ENA.
iv. Documents uploaded to the website storage should be of lasting and enduring value to the organization. Suggested documents include, but are not limited to:
- Meeting agendas and minutes (maintained in perpetuity)
- Financial records ( maintained at least 7 years)
- Newsletters
- Historical records
- Educational records, specifically those that may be audited for continuing education
- Announcement flyers of any type
- Roster, databases and other documents containing confidential information