CONSTITUTION AND BY LAWS
of
Assembly 105
of
The Society of American Magicians


ARTICLE I -- NAME

The name of this Assembly shall be Assembly 105 of the Society of American Magicians; or S.A.M.

ARTICLE II -- OBJECTIVES

SECTION 1: This Assembly shall organize and associate together individuals interested in the practice and promotion of the art of magic and its advancement.

SECTION 2: This Assembly shall encourage and assist every effort, both individual and collective, to elevate and advance the art of magic as practiced in the fields of amusement, entertainment, and culture; and to develop new sources of programs thereof, whenever and wherever possible.

SECTION 3: This Assembly shall facilitate social intercourse, exchange of ideas and cooperation between those interested in or practicing the art of magic.

SECTION 4: This Assembly shall encourage the development of literature and invention pertaining to the art of magic, and shall endeavor to protect inventors and authors thereof, so that they may receive the full reward of their creations.

SECTION 5: This Assembly shall adopt proper means to discourage false and misleading advertising of effects, tricks, literature, merchandise, or actions, pertaining to the magical arts, as well as any misrepresentations thereof.

SECTION 6: This Assembly shall promote and conserve the interest of those professionally engaged in the art of magic, and shall discourage improper competition among amateur, semiprofessional and professional magicians.

SECTION 7: This Assembly shall promote harmony among those interested in the magical arts.

SECTION 8: This Assembly shall advance the ethics of the magical profession, as well as the ethics of those interested therein, insofar as their relationship to the magical fraternity is concerned.

SECTION 9: This Assembly shall oppose exposure of the principals of the art of magic, except in books and magazines devoted to such art and published for the exclusive use of magicians and devotees of the art. It shall also oppose the exposing of magical tricks or illusions to the public in any type of performance, by whatever means employed.

SECTION 10: This Assembly shall promote the humane treatment and care of live animals and birds whenever employed in magical performances, and it shall discourage the use of such animals and birds whenever such use might subject them to maltreatment, injury or death.

ARTICLE III -- MEMBERSHIP

SECTION 1: Active Membership -- Any reputable and desirable person eighteen years of age or over, interested in magic for at least two years previously and who is a member in good standing of the Society of American Magicians shall be eligible for Active membership in this Assembly. This shall include the right to vote, to hold office, to serve on committees, and to represent this Assembly at other gatherings of magicians.

SECTION 2: Youth Membership -- Any reputable and desirable person between twelve and eighteen years of age; interested in magic for at least one year previously; and who is a member in good standing of the Society of American Magicians shall be eligible for Youth Membership. Youth members may participate in the Assembly meetings and serve on committees, but may not vote or hold office.

SECTION 3: Special Membership -- Any reputable and desirable person who is the spouse of an Active Member, or a bona fide assistant of a magician who is an Active Member, or an Associate Member of S.A.M., shall be eligible for Special Membership. Special Members shall have all the rights of Active Members and may vote or hold office.

SECTION 4: Resignation of Membership -- Any member desiring to resign from this Assembly shall submit their resignation in writing to the Secretary, who shall submit it to the Executive Council for action.

SECTION 5: Suspension of Membership -- Any member of this Assembly may have their membership suspended, for just cause, by a majority vote of the membership at a regular meeting. Written notice of the charges to be brought against that member shall be sent to the Secretary and to that member at least fourteen days before the meeting.

SECTION 6: Dues -- The annual membership dues, payable on July 1 for all classifications of membership, shall be that amount voted on by the membership at a regular meeting. Failure of a member to pay their dues by September 1 of the same year entails mandatory suspension of membership without trial. A member so terminated may be reinstated by payment of all dues owed to the Assembly. Members who join after January 1 of the current year shall only be required to pay one?half the regular amount.

ARTICLE IV -- OFFICERS

SECTION 1: General: The officers of the Assembly shall be President, Vice-President, Secretary, and Treasurer. These officers shall perform the duties prescribed by these by-laws and by the parliamentary authority adopted by the Assembly.

SECTION 2: President -- The President shall preside at all meetings of the Assembly and of its Executive Council; select and appoint, subject to his dismissal, all standing and special committees; shall be an ex-officio member of all committees; has the right to appoint a parliamentarian; and shall have full and complete administrative powers in conducting the affairs of the Assembly, subject, however, to regulations duly enacted by this Assembly .

SECTION 3: Vice-President -- The Vice-President shall assist the President in the discharge of those duties, in the absence of the President shall preside, and shall serve as chairman of the Program committee.

SECTION 4: Secretary -- The Secretary shall keep a true record of all the proceedings of the Assembly, the minutes thereof, and a file of all correspondence pertaining to the office. The Secretary shall be empowered to delegate such duties as are feasible, subjected to the approval of the Executive Council; shall preside if both the President and the Vice-President are absent; and shall perform other duties as prescribed by the Executive Council. Annually, not later than October 15, the Secretary shall submit to the International Executive Secretary of the Society of American Magicians a report setting forth the number and types of the members of this Assembly; the names of the elected officers; a listing of the monthly meetings; a notice that this Assembly is not incorporated as a not-for-profit corporation under Section 1702.01 et. seq., Revised Code of Ohio; and any other information as may be requested by the Board of Trustees of the Society of American Magicians. Upon the expiration of the term of office, the Secretary shall surrender the Charter, together with all other books, records, and property of this Assembly, to the next Secretary.

SECTION 5: Treasurer -- The Treasurer shall be the custodian of all monies, securities, bills and records thereof; shall properly handle all financial transactions of the Assembly; shall promptly pay all debts of the Assembly from the monies in custody; and shall perform other duties as prescribed by the Executive Council. The Treasurer may delegate such duties as are feasible, subject to the approval of the Executive Council. The Treasurer shall notify all members whose dues are 30 days in arrears. Upon leaving office, the books and records shall be audited by the new President and Treasurer. The Treasurer shall also see that a Federal Income Tax Form 990 (Return of Organization Exempt from Income Tax) and any required schedules and supporting documents are promptly filed with the Internal Revenue Service.

SECTION 6: Finance -- All checks to be distributed shall be signed by either of two officers; the President or the Treasurer. None of the net income of this Assembly may be used for the benefit of the individual members but shall be solely for the general purposes of this Assembly.

SECTION 7: Elections -- The President, Vice-President, Secretary, and Treasurer shall be elected annually at the August meeting. At the previous July meeting, the Nominating committee is to be appointed. The Nominating committee shall seek out the advice of all members as well to ascertain their willingness to serve in the various offices. The Nominating committee shall report its findings to the membership at the July meeting. They shall also place names in nomination for the four offices. Each office will be filled sequentially in the above order. Nominations from the floor will be taken before each separate ballot. Only ACTIVE and SPECIAL members are eligible to vote, such voting to be by written ballot. A majority of members voting (10%, but not less than 6) is necessary for election. The new officers shall take office on September 1.

SECTION 8: Attendance -- If any officer fails to attend two (2) consecutive regularly scheduled meetings without an excuse, that member will be contacted and their record and activity reviewed with them to determine their interest. If their attendance cannot be improved, will be replaced through the action of the Executive Council.

SECTION 9: Impeachment -- Any elected official may be removed from office for good cause in a manner similar to that of Suspension of membership.

ARTICLE V -- MEETINGS

SECTION 1: Regular Meetings -- There shall be regular monthly meetings of the Assembly at times and places determined by the Executive Council.

SECTION 2: Special Meetings -- Special meetings may be called at the discretion of the President, or the Executive Council, or upon a written notice, or request, signed by a majority of the membership.

SECTION 3: Notices -- Notice of all meetings shall be communicated to all members preferably fourteen days prior to said meeting, stating the date, time, and place.

SECTION 4: Quorum -- Ten percent, but not less than six of the voting membership shall constitute a quorum for the transaction of all business by this Assembly.

SECTION 5: Guests -- Attendance of guests is limited to the discretion of the executive council.

ARTICLE VI -- EXECUTIVE COUNCIL

SECTION 1: Purpose -- The Executive Council shall be the administrative body of the Assembly, it shall direct all activities of the Assembly in conformity with these by-laws and the governing policies of the Assembly.

SECTION 2: Composition -- The Executive Council shall consist of the President, Vice-President, Secretary, and Treasurer.

SECTION 3: Appointive Powers -- Should one of the offices of the Assembly become vacant, the remaining members of the Executive Council shall appoint suitable replacements.

SECTION 4: Meetings -- The Executive Council shall meet at such times and places as the President or a majority vote of the Executive Council may deem necessary.

SECTION 5: Quorum -- A majority of the Executive Council shall constitute a quorum to do business.

ARTICLE VII -- COMMITTEES

SECTION 1: Standing Committees -- The President shall appoint members to the various standing committees by the September meeting. The standing committees shall consist of the Membership Committee, the Program Committee, the Public Relations Committee, and the Youth Projects Committee. Committees shall serve for the term of the current President, and shall consist of at least three (3) members.

SECTION 2: Membership Committee -- The Membership Committee shall make recommendations as to how the Assembly shall maintain or increase its membership, and administer such programs as may be authorized; the members shall be responsible for greeting guests and prospective members; and the committee shall arrange all ritual events.

SECTION 3: Program Committee -- The Program Committee, chaired by the Vice?President, shall arrange for all program events at meetings for the benefit of the membership, as well as all shows or lectures that the Assembly shall decide to present.

SECTION 4: Public Relations Committee -- The Public Relations Committee shall make recommendations on the best programs to keep the general public informed about the operations and shows of this Assembly as well as methods to enhance the prestige of the magical fraternity. It shall administer all programs selected by the Executive Council.

SECTION 5: Youth Projects Committee -- The Youth Projects Committee shall make recommendations for programs directed to youth, such as support of training classes, support of other societies that serve youth, and they shall administer all youth programs selected by the membership or Executive Council

SECTION 6: Special Committees -- Special Committees, to serve less than one year, may be appointed as needed.

SECTION 7: Nominating Committee -- The Nominating Committee is a special committee that is required by these bylaws. The Nominating Committee shall administer the election procedures as required by the bylaws.

ARTICLE VIII -- PARLIAMENTARY AUTHORITY

The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Assembly in all cases to which they are applicable and in which they are not inconsistent with these by?laws and any special rules of order the Assembly may adopt.

ARTICLE IX -- AMENDMENTS

These by-laws can be amended at any regular meeting of the Assembly by two-thirds vote of the voting membership present, provided that the amendment has been submitted in writing to all members at least fourteen days prior to the meeting.

ARTICLE X -- CONFLICTS

Any provisions set forth in these by?laws that are in conflict with the Constitution and By-laws of the Society of American Magicians or with the domestic corporation acts of the State of Ohio, now in effect or hereinafter passed, shall be null and void; and full force and effect shall be given to the remaining provisions of these by?laws, not in conflict therewith, as though said conflicting provisions were not a part thereof.

ARTICLE XI -- DISSOLUTION

Upon dissolution of this Assembly and the discharge of its debts, and settlement of its affairs, any funds and property of the Assembly remaining, thereafter, shall be conveyed to the Society of American Magicians.

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