NAME
Article 1
The name of the organization established in the United States and serving as the supreme council and coordinating body of the associations specified in Article 4 is: FEDERATION OF TURKISH AMERICAN ASSOCIATIONS. (FEDERATION OF TURKISH AMERICAN ASSOCIATIONS INC.)
The Federation of Turkish American Associations is an umbrella organization. It cannot be under, directed by, or attached to another organization or organizations.
Article 2
The headquarters of the Federation is in the City of New York, State of New York. Until a Headquarters building is secured, an address deemed appropriate by the Board of Directors shall be used as the office address of the Federation.
OBJECTIVES
Article 3
The main purpose of the Federation of Turkish American Associations is to ensure that Turkish Associations established in various regions and cities within the United States of America work under the umbrella of a Federation. For this purpose, the Federation carries out the following works and aims to realize them:
- Establishes a sense of unity and togetherness by providing coordination among Turkish Associations established within the United States of America,
- Through these associations, stimulates cooperation between Turks in America and Turks who settled in America from various parts of the world and members of the society who consider themselves Turkish.
- Works to promote and represent Turkishness and Turkish Culture. It becomes the promoter of conferences, national and religious days and social meetings organized by the associations gathered for this purpose. It provides coordination between associations in these matters.
- Strives to ensure the continuation and further spread of Turkish customs and traditions.
- Supports the acquisition of a TURKISH CULTURE CENTER that will gather all member associations and serve the activities of these associations and the studies on this subject.
- Works to strengthen and organize the Turkish society in America and to protect its rights within the framework of the law,
- Turkish-American Associations established in Turkey can also apply to become members of the Federation. These associations join the Federation as Honorary (Affiliate) members.
- In this case, they are not obliged to pay membership dues, but they can have representatives in the boards of directors and General Assemblies and participate in negotiations, but they cannot vote.
- The Turkish Day Parade event, which is carried out with official permits obtained from the competent authorities of Manhattan, New York and started in 1981, belongs to the Federation of Turkish American Associations. This event cannot be given or transferred to institutions, organizations or individuals in any way. All rights belong to the Federation of Turkish American Associations.
- The Turkish Day Parade, starting at the corner of Madison Avenue and 53rd Street on the 3rd Saturday of May in Manhattan, New York, is held between 47th Street and 2nd Avenue and ends at Dag Hammarskjold Plaza, which is the meeting place for public demonstrations. After the Turkish Day Parade, the event continues at Dag Hammarskjold Plaza Park. Unless the authorities of Manhattan, New York legally mandate otherwise, the Turkish Day Parade route cannot be changed except by congress decision.
- All permits related to the Federation of Turkish American Associations Turkish Day Parade are obtained by the TDP Official Permits Committee Presidency. The TDP Official Permits Committee President is the TADF Chairman of the Board. 2 separate active association members are elected to the TDP Official Permits Committee by majority vote in the Board of Directors. The TADF Chairman of the Board determines the distribution of duties of the TDP Official Permits Committee.
- Applications for the Turkish Day Parade to be held in Manhattan, New York, Park, sound system and official permits belonging to the Turkish Day Parade are made by the TDP Official Permits Committee on behalf of the Federation of Turkish American Associations. Apart from this committee, institutions, organizations or individuals cannot apply or transfer on behalf of the Federation of Turkish American Associations.
MEMBERSHIP TO THE FEDERATION AND QUALIFICATIONS SOUGHT IN MEMBER ASSOCIATIONS
Article 4
Turkish associations within the United States of America may be accepted as members of the Federation of Turkish American Associations. The application and acceptance of these associations to the Federation are made according to the principles in Article 4, 5, 6. Associations wishing to become members must carry the following qualifications:
- Must have the word "Turkish" or a word that leaves no doubt about its relation to Turkishness in its name and must not contain a political name.
- More than half of the association founders and members must be of Turkish origin.
- Must possess the aim of adopting and spreading Turkish culture.
- Must aim to adopt and spread Turkish culture.
- Must not engage in activities contrary to all Turkishness, the Republic of Turkey and Atatürk's principles among its goals.
- The association must not deal with trade or politics.
- The number of members of the association must be more than 30 people.
- The association must comply with the bylaws of the Federation; must not act contrary to its purposes; must avoid actions that disrupt Turkish unity and solidarity.
- If societies from the same region, from the same ethnic group; or representing the same professional groups; or established for the same purpose exist in the Federation, new ones are not admitted to the Federation.
- Societies wishing to join the Federation may apply 3 years after the date of their establishment (Certificate of Incorporation date).
- They are obliged to report their activities in past years in their applications.
Article 5
An association wishing to become a member of the Federation applies to the Federation Board of Directors with an official letter. The association must state the decision of its Board of Directors or General Assembly regarding joining the Federation of Turkish American Associations in this application. With this application, it is also obliged to send photocopies of the association's bylaws and the official establishment document (Charter) obtained from the state where it is located to the Federation Board of Directors.
Article 6
The Federation Board of Directors examines this application and the sent bylaws and establishment documents according to the principles in Article 4 and decides within thirty days starting from the association's application whether the association is accepted to the Federation or not and notifies the applicant association of this decision. The decision of the Federation Board of Directors regarding acceptance is temporary. For the decision to become final, it must be approved at the first General Assembly meeting of the Federation. The number of votes required for approval is a simple majority. Requests of associations whose documents are not completed at the General Assembly meetings or who have not applied to the Board of Directors on time cannot be negotiated. These applications are first discussed at the Federation Board of Directors, and after a decision is reached, the result is presented to the Federation General Assembly. If the Board of Directors has not notified the relevant association of its decision within thirty days, that association has the right to apply to the General Assembly. However, the association must have applied to the Federation Board of Directors at least 45 days before the General Assembly meeting date and according to the principles in Article 5. The acceptance process to the Federation at the General Assembly meeting of the associations is done by secret ballot.
Article 7
The Federation has two types of members:
- Active members - Associations that pay their dues on time and benefit from all rights of the Federation.
- Inactive members - Associations that do not pay their dues on time; although their membership to the Federation continues, they cannot vote in the Boards of Directors and General Assembly until they pay their dues. Inactive members are obliged to pay all their dues that they did not pay in previous years (this can go back up to 3 years) in order to regain active member status. Member associations that do not pay that year's dues within the first 6 months and have not paid dues for at least 2 years cannot vote in the following first General Assembly Meeting. Associations that are new members of the Federation can vote in Board of Directors meetings held until the first General Assembly meeting, but cannot vote in the first General Assembly meeting where their association's final entry process to the Federation is made.
Article 8
Each association affiliated with the Federation is obliged to pay the annual dues determined by the General Assembly to the Federation. Dues are paid within the first month following the General Assembly. An association that does not pay its dues by the end of the first month falls into the category of inactive member association mentioned in Article 7 until it pays its dues.
Article 9
Associations that do not remain faithful to the purposes of the Federation and the qualifications sought in its members or:
- Do not hold their annual congress within the time mandated by the bylaw, (The Federation keeps an observer to determine whether the General Assembly Meetings are held in accordance with their bylaws)
- Do not fulfill the main activities specified in their bylaws and deviate from their purpose,
- Undermine the activities of the Federation and carry out work against the Federation,
- Whose number of members falls below thirty, are expelled from the Federation by a 2/3 decision of the full number of members of the Board of Directors (the association about which a decision will be made cannot participate in the voting). This expulsion is temporary, and the final decision is made at the first General Assembly meeting of the Federation. The expelled association may send a representative to this meeting to make its defense if it wishes. Approval of the Board of Directors' temporary expulsion decision is possible with the votes of 2/3 of the Associations participating in the General Assembly.
ORGANS OF THE FEDERATION
Article 10
The organs of the Federation are:
- General Assembly
- Board of Directors
- Audit Board
- Disciplinary Board
- Board of Trustees
GENERAL ASSEMBLY
Article 11
The General Assembly is the most authorized organ of the Federation of Turkish American Associations, and has the responsibility and authority to take all important decisions, including amending the Federation bylaws and dissolving the Federation. Only associations that pay their dues (article -7) can participate in the General Assembly with 5 members and vote. There are two types of meetings of the General Assembly.
- Annual Ordinary Meeting
- Extraordinary Meeting
Article 12
The Annual Ordinary Meeting of the General Assembly is held every year on the 3rd Sunday of September in New York City or New Jersey, in a building deemed appropriate by the Board of Directors. If the majority cannot be obtained, the meeting is opened one hour later with the participation of the existing members. However, under force majeure (such as a snowstorm or other extraordinary situations), the meeting is postponed for two weeks; and majority is not sought in this meeting.
The meeting place, day, and time are determined by the Board of Directors and can be notified to all member associations by registered letter and other oral and written media organs at least twenty-one days before the General Assembly meeting. However, notification to associations by registered letter is essential, and it is mandatory to state the General Assembly meeting agenda determined by the Board of Directors in these letters.
Article 13
The Extraordinary General Assembly Meeting is called in certain situations. (Call conditions are included in detail in the bylaws.)
Article 14
The request for an Extraordinary General Assembly Meeting coming from outside the Federation Board of Directors is notified to the Board of Directors in writing. The Board of Directors discusses this request within two months at the latest and decides whether or not to hold an Extraordinary General Assembly meeting.
Article 15
In the first meeting, if the quorum specified in Article 14 cannot be obtained, the General Assembly meeting is postponed. The second meeting cannot be held earlier than thirty days nor later than sixty days. In the second meeting invitation sent to the members, it is stated that the quorum (Simple Majority) could not be obtained in the first meeting. If the majority cannot be obtained in this meeting either, the meeting is opened with the existing members and decisions are taken.
Article 16
Federation member associations participate in General Assembly meetings with a delegation of five people from their Board of Directors or other members. The names of the delegates who will attend the General Assembly are submitted to the Federation Board of Directors by the Association President with an official letter at least one week before the meeting opens. Associations can also participate in General Assembly meetings with fewer delegates. However, each association can cast as many votes as its number of delegates. Associations outside the New York Metropolitan area can also be represented by their members residing in the New York area, if any. These provisions also apply to Extraordinary General Assembly Meetings.
Article 17
After the Federation Board of Directors Chairman announces the opening of the General Assembly Meeting, the Audit Board Chairman or a member appointed by this board from among themselves takes attendance of the associations and delegates participating in the General Assembly, and after examining the official letters stating the names of the delegates, proceeds to the election of the Congress Presidential Council. If there is more than one candidate for the Presidential Council, the election is held by secret ballot. The election of the other two members of the Presidential Council can be done by secret or open ballot. All these elections are managed by the Audit Board.
Article 18
The General Assembly Presidential Council consists of a Chairman and two secretaries. After the election of the General Assembly Presidential Council, the General Assembly Meeting continues under the authority and responsibility of the General Assembly Presidential Council.
Article 19
General Assembly meetings are opened by the Chairman of the Board of Directors or the Vice Chairman appointed by him. Following a moment of silence and the National Anthems, a Chairman and two Secretaries are elected to manage the General Assembly.
Article 20
Election of the General Assembly Chairman and Secretaries is made by open vote. The Council Committee is authorized to check the documents of the delegates.
- Federation Chairman of the Board; This election is held by secret or open ballot according to the decision of the General Assembly; however, if there are at least two or more candidates for the Federation Chairman of the Board, the presidential election is held by secret ballot.
- Federation Chairman of the Board Candidates must notify the Federation General Secretariat of their candidacy application at least two weeks before the general assembly date, by obtaining the written support of at least 5 active member associations (association board of directors decision).
- Executive Board election is held by secret or open ballot according to the decision of the General Assembly. (13 members)
- The elected Chairman determines the Executive Board and submits it to the approval of the General Assembly. If the General Assembly does not approve this list, separate elections are held for each position. No more than two members from the same association can be elected to the Executive Board.
- Election of the Audit Board proceeds. It is held by secret or open ballot according to the decision of the General Assembly. (3 Members)
- Election of the Disciplinary Board proceeds. It is held by secret or open ballot according to the decision of the General Assembly. (5 Members)
Article 21
The General Assembly Council Chairman manages the meeting according to the agenda items.
Article 22
Duties and Powers of the General Assembly
- To determine the direction of the Federation's work through wishes,
- To make the newly elected Board of Directors obligated and responsible for the fulfillment of these decisions with binding decisions taken on necessary issues,
- To discuss and decide on the Board of Directors' activity report, financial report, and audit board report,
- To elect the Executive Board of the Federation,
- To elect the members of the Audit Board,
- To amend the bylaws of the Federation,
- To decide on the dissolution of the Federation,
- To make the final decision regarding associations temporarily accepted to the Federation by the Federation Board of Directors or associations expelled from the Federation.
Article 23
Delegates wishing to speak at the General Assembly register their names with the General Assembly Secretaries. In cases where the number of those wishing to speak is high, the speaking duration is determined by the General Assembly with its approval.
Article 24
The General Assembly Chairman is obliged to give the floor to speeches regarding procedure. However, the Chairman of the General Assembly cuts off the speech of those who take the floor on procedure but speak outside of it.
Article 25
The Chairman is obliged to put subsequent written motions signed by at least two member association delegation heads to a vote. Motions with the same meaning may be put to vote together by the Chairman, provided that no change is made in the meaning of the motions. These votes are done by open ballot.
Article 26
If two motions with opposite opinions are submitted on the same subject, if one of these motions is accepted by the General Assembly, the other is not put to a vote.
Article 27
Before motions are put to a vote, one speaker in favor and one against are given the floor. If necessary, these speeches may also be limited with the approval of the General Assembly and within a time period determined by the General Assembly.
Article 28
The Chairman is obliged to give the floor to the person who is personally attacked. If there is hesitation regarding the attack, the Chairman resorts to the vote of the General Assembly on whether to give the floor or not.
Article 29
After criticisms, the Federation Chairman of the Board or the Board Spokesperson on behalf of the Board of Directors, and the Treasurer or again the Board Spokesperson for financial issues, respond to the criticisms and the financial report is submitted for the approval of the General Assembly.
Article 30
In case the Financial Report is not accepted, the accounts are audited by an independent and certified (CPA) accountant by the General Assembly Council Board. If an error or defect is found in financial matters according to the report to be given by this independent accountant, the General Assembly Council Board calls the General Assembly to an Extraordinary Meeting to discuss this issue.
Article 31
If there are no other items to be discussed on the agenda, for the new term:
- Federation Chairman of the Board; This election is held by secret or open ballot according to the decision of the General Assembly; however, if there are at least two or more candidates for the Federation Chairman of the Board, the presidential election is held by secret ballot.
- Federation Chairman of the Board Candidates must notify the Federation General Secretariat of their candidacy application at least two weeks before the general assembly date, by obtaining the written support of at least 5 active member associations (association board of directors decision).
- Executive Board election is held by secret or open ballot according to the decision of the General Assembly. (13 members)
- The elected Chairman determines the Executive Board and submits it to the approval of the General Assembly. If the General Assembly does not approve this list, separate elections are held for each position. No more than two members from the same association can be elected to the Executive Board.
- Election of the Audit Board proceeds. It is held by secret or open ballot according to the decision of the General Assembly. (3 Members)
- Election of the Disciplinary Board proceeds. It is held by secret or open ballot according to the decision of the General Assembly. (5 Members)
Article 32
Ballot papers are stamped and initialed by the General Assembly Presidency and distributed to the heads of delegations. Votes other than these are not counted. In secret ballots, the Council Board calls names and receives the ballot papers from the delegates personally.
Article 33
General Assembly meeting minutes are delivered to the new Board of Directors at most one month after the General Assembly. The Board of Directors sends a copy of these minutes to all member associations within three weeks. The Recording Secretary keeps the original of the General Assembly meeting minutes in the Federation file.
BOARD OF DIRECTORS DUTIES AND POWERS
Article 34
The Board of Directors consists of two boards: Executive Board and Board of Representatives.
- Executive Board
- Board of Representatives
Article 35
The Executive Board consists of 14 (fourteen) people:
- Chairman
- Vice Chairman
- 3 Vice Presidents
- Secretary General
- Deputy Secretary General
- Treasurer
- Deputy Treasurer
- 5 Members
If there are resignations or separations for other reasons from the Executive Board, the Chairman may appoint another member to this duty with the above conditions with the approval of the Board of Directors. In case of absenteeism or disagreement, the Chairman may propose to the Board of Directors the replacement of one or more members of the Executive Board. And this change is made with the decision of the majority of the Board of Directors (in terms of the number of active members).
Article 36
Executive Board members are elected for two years and are only responsible to the Federation Board of Directors and the General Assembly.
Article 37
The Board of Representatives consists of one representative sent by each association that is a member of the Federation. It is essential that the representative is a member of the association that sends him/her. Associations outside the Metropolitan area can represent themselves with their members residing around New York, if any, or with an active member of an association that is a member of the Federation. In this case, the relevant association must send the name of the person authorized to represent and the authorization document to the Federation. A person can never represent more than one association.
Article 38
Association Presidents can change the representatives they send to the Federation Board of Directors at any time. However, this issue cannot be applied to the Executive Board members elected by the Federation General Assembly.
Article 39
The Federation Board of Directors convenes with the participation of members of the Executive Board and the Board of Representatives. For the Board of Directors meeting to be opened, it is required that half of the total number of Board of Representatives members be present.
- Representative members representing each association in the Board of Directors and the Federation Chairman of the Board have one vote each. Other members of the Executive Board cannot vote in the Board of Directors. The Board of Directors takes decisions by the majority of those present. In case of equality of votes, the side joined by the Chairman is considered the majority.
Article 40
The Board of Directors meets at least once a month and discusses the issues on its agenda. The results reached are written in the Federation Decision book by the Recording Secretary or the Federation Secretary and signed by the Secretary or the Chairman. A copy of these minutes is sent to member associations by the correspondence secretary. Boards of Directors may not meet in July and August.
Article 41
The Board of Directors prepares the annual work program of member associations in its first or second meeting after the General Assembly elections. It strives to prevent conflict in member association activities. The Executive Board coordinates among associations that will celebrate national holidays at most one month after being elected to office and brings the situation to the Board of Directors.
EXECUTIVE BOARD DUTIES AND POWERS
Article 42
Chairman:
- Represents the Federation, presides over Board of Directors meetings, and works to realize the Federation's objectives and ensure coordination among member associations. Attends official meetings. In case of sudden official meetings, he/she can choose friends to attend from among the Executive Board members.
- bSigns correspondence on protocol matters.
- Calls the Board of Directors to meeting when necessary. Apart from this, upon the application of three Board of Directors members, he/she is obliged to call the Board of Directors to a meeting within fifteen days at the latest.
- Establishes committees. He/she is a natural member of all committees and can participate in, receive information from, and control the work of these committees.
- Prepares the Board of Directors report together with the Executive Board members for General Assembly meetings and finalizes the report.
- In emergencies, makes an effort to contact Executive Board members; if unable to find this opportunity, can officially act on behalf of the Federation and explains his/her action at the first Board of Directors meeting and submits it for approval. However, he/she is obliged to decide with the Board of Trustees regarding expenditures.
- The Chairman can be elected twice consecutively for two years. The same person cannot run for office again without a lapse of 2 years.
Article 43
Vice Chairman:
In the absence of the Chairman or if the presidency becomes vacant for any reason, the Vice Chairman first possesses all the powers of the chairman and carries out the Federation Board of Directors Chairmanship duty until the end of the normal term. In the absence of the chairman or vice chairman, or if these positions become vacant for any reason, the 3 vice presidents elect a chairman among themselves and carry out the Federation Board of Directors chairmanship duty until the end of the normal term, possessing all the powers of the chairman.
Article 44
Secretary General:
Conducts correspondence to be made on behalf of the Federation.
Article 45
Deputy Secretary General:
Regularly keeps and preserves Board of Directors meeting minutes, Federation books, files, and fixtures under the control of the Secretary General.
Article 46
Treasurer:
- Is responsible for keeping the Federation's income-expense accounts and carrying out money transactions.
- Keeps the Federation's money in the bank on behalf of the Federation. In cases where payment by check is impossible, invoices and receipts must be obtained for payments exceeding 50 dollars. For payments less than 50 dollars, the Executive Board keeps a minute. Federation money can never be given as a loan to individuals. In cases where the Federation has no money, Executive Boards cannot go into debt in any way without a 2/3 majority decision of the Board of Directors. Otherwise, this debt is paid to the Federation by the Executive Board.
- Is obliged to report the Federation's financial situation to the Board of Directors whenever the Board of Directors desires.
- Keeps the Federation's accounts open to the Audit Board at all times. The manner of fulfillment of this issue is explained in the Audit Board's duties section.
- Submits the financial report to be presented to the General Assembly to the Audit Board at least one week in advance.
- Submits the financial report, which will be the basis for taxation, to the General Assembly after having it checked by an independent accountant. Is obliged to fill out the necessary tax forms and send them to the "Internal Revenue Service" before handing over his/her duty.
Article 47
Deputy Treasurer:
- Follows whether member associations pay their dues properly. Sends receipts for dues and donations received.
- Keeps a copy of the receipts related to all dues and donations recorded as income to the Federation and, in addition to these, a copy of the expense documents.
- Keeps the record of the Federation's fixtures and arranges a separate file for this job.
BOARD OF REPRESENTATIVES MEMBERS DUTIES AND POWERS
Article 48
The Board of Representatives consists of one member sent by each association affiliated with the Federation to the Federation Board of Directors to represent itself, and its duties and powers are as follows:
- Participates in Board of Directors meetings and uses its vote on behalf of its association in taking all kinds of decisions. Provides all kinds of assistance to the Executive Board in the preparation of the program and the fulfillment of activities, and preferably, these members act as chairman in committees to be established when necessary.
- Notifies the decisions taken in the Federation Board of Directors to the associations they belong to and strives to ensure continuous coordination between their association and the Federation.
AUDIT BOARD DUTIES AND POWERS
Article 49
Duties and powers of the Audit Board:
- An Audit Board of three people is elected by the General Assembly by open or secret ballot according to the decision to be given by the General Assembly. Members of this board must be from three different associations.
- The Audit Board is obliged to examine all books and accounts of the Federation at least one week before the General Assembly meeting and submit the results to the General Assembly as a written report.
- The Audit Board elects a chairman from within itself if necessary.
- The Audit Board is obliged to check Federation accounts and income-expense accounts of activities at least once every three months by notifying the Treasurer in writing at least fifteen days in advance.
- If the Audit Board concludes that there is corruption in these audits, it may request an Extraordinary General Assembly meeting within one month by applying to the Board of Directors. However, the Board of Directors makes the decision for the Extraordinary General Assembly meeting.
DISCIPLINARY BOARD DUTIES AND POWERS
Article 50
This regulation has been prepared to regulate the working principles and procedures of the TADF Federation of Turkish American Associations Disciplinary Board.
Article 51
The regulation covers all members registered with the TADF Federation of Turkish American Associations. Whether or not a disciplinary investigation is opened or whether or not a disciplinary penalty is received for members due to an event is processed according to this regulation.
Article 52
The Disciplinary Board, Board of Directors, and General Assembly are the authorized boards in disciplinary matters. Objectionable penalties become final with the decision of the General Assembly.
Article 53
The Disciplinary Board consists of five members elected by the General Assembly and Federation Board of Directors Chairmen who are in good health. To be a candidate for the Disciplinary Board, it is mandatory not to have received any disciplinary penalty. The Disciplinary Board examines and decides on the issues reflected to it. Former Federation Board of Directors Chairmen are natural members of this board.
Article 54
The Disciplinary Board convenes under the chairmanship of the oldest member within two weeks following the explanation of the election results after the association General Assembly is completed. In this meeting, the election of the Disciplinary Board Chairman and a Secretary member is made first among the five members elected by the General Assembly. If there is a file whose transactions were not completed in the previous period and there is no member elected to the new term board from the previous period Disciplinary Board, a member from the previous period board is ensured to attend the first meeting to provide information about the transferred files. The Disciplinary Board is called to meeting by the Disciplinary Board Chairman within 15 (fifteen) days at the latest upon the notification submitted to it. The Disciplinary Board convenes with the majority of the total number of members. Unsolicited meetings are held at least four times in a working period. The Disciplinary Board only has the authority to decide on the events and issues before it. Penalties cannot be decided for Elected Boards due to their savings within the scope of discretion they use while carrying out their duties.
Article 55
The Board convenes spontaneously on dates determined in advance. The Board of Directors can also call the Disciplinary Board to a meeting. After the meeting is opened by the Chairman, the Board Secretary summarizes the applications/notifications and referral issues made to the Board. The Board determines how it will conduct the investigation and prosecution regarding the applications made, and how it will conduct its research and examinations. If it deems necessary, it can appoint one of the members as a rapporteur member in the investigation and prosecution it will conduct. If the Board decides that there is no need to open a prosecution against the accused member, it notifies its decision together with its justification to the Board of Directors to be conveyed to the relevant parties. The notifier or the Board of Directors can object to this decision within one week. Upon objection, the Disciplinary Board takes the issue to its agenda again in its first meeting and discusses it. The decision given upon re-discussion is final.
Article 56
The Disciplinary Board conducts the investigation and prosecution it will make regarding the notifications made.
Article 57
Notification is made by any person applying to the Board of Directors and explaining their claims by stating the member they are notifying about in writing. In the written notification, the open identity, address of the person making the notification, names of witnesses are stated, and evidence, if any, is attached to the notification. Petitions that do not contain the identity, address, and signature of the person making the notification are not processed. The identity of the person making the notification is not disclosed unless there is an obligation.
Article 58
Even if there is no notification, the Board of Directors may request the Disciplinary Board to open an investigation against members who engage in any action, statement, or publication that shakes the honor and reputation of the association or harms the association.
Article 59
Investigation must be started within 15 (fifteen) days from the date the notification specified in Article 55 and 56 is submitted to the Disciplinary Board.
Article 60
The Disciplinary Board examines the issue in its first meeting after the notification is made and initiates the investigation if it deems necessary. If more than two years have passed since the action and event subject to the crime, no investigation is initiated. It notifies the subject of notification to the person deemed appropriate to have an investigation initiated against them in a clear and understandable manner in writing and confidentially within 7 (seven) days and asks them to submit their defense and evidence, if any, within 15 (fifteen) days starting from the date of notification. The relevant person may request additional time not exceeding 1 (one) month by showing justified reasons. A person who does not submit their defense within these periods is deemed to have waived their right to defense. In cases deemed necessary, the verbal expressions of the accused person are resorted to. The Disciplinary Board gives its decision within 10 (ten) days at the latest after the response of the relevant person or after the end of the 15 (fifteen) day period in case no response is received, and notifies the Board of Directors. The Board takes its decision by majority vote in a meeting attended by at least three members. Notification of the decision to the relevant person and implementation of the penalty, if any, is the duty of the Board of Directors.
Article 61
Disciplinary penalties are given to members who are seen to act contrary to the bylaws of the TADF Federation of Turkish American Associations, General Assembly decisions, or regulations, and to those who cause material or moral damage regarding Federation issues either intentionally or by showing negligence. It is essential that crimes and penalties are clear. A person against whom an investigation has been initiated cannot be accused due to being referred to the Disciplinary Board until the decision regarding the directed crime becomes final, and cannot be subjected to any restriction regarding their membership.
Article 62
Written warning penalty; is the notification in writing that the relevant member should be in a more orderly and harmonious attitude with other members, third parties, and Federation units. This penalty is given to those who cause the situations specified below:
- Those who engage in attitudes and actions incompatible with the principles of the Federation.
- Members who engage in attitudes and behaviors that prevent or disrupt the work of Federation organs, units, and commissions.
- From members elected to Federation organs, those who do not perform the duties imposed on them by laws, bylaws, and regulations.
- Those who do not prevent the guests they bring with them from engaging in attitudes and actions incompatible with the principles of the Federation.
- Those who behave rudely and discourteously towards the personnel working for the Federation.
REPRIMAND PENALTY
Article 63
It is the notification to the member that they are found at fault and reprimanded due to their actions and behaviors. This penalty is given to those who cause the situations specified below:
- Those who make statements and behaviors that will shake the honor and reputation of Federation members and who clearly prevent the execution of Federation activities.
- Those who damage Federation property and facilities and those who intentionally or consciously cause material damage to other members in places belonging to the Federation. (The Association reserves the right to apply to legal remedies for the collection of the damage caused.)
- Those who engage in behaviors that disrupt or prevent the natural flow of the meeting or activity in Federation meetings and activities.
- Those who engage in a new action and behavior requiring the same penalty within two years despite receiving a warning penalty previously.
FINE
Article 64
The member is responsible for the damages they, their family, or their guests cause to the Federation and its fixtures. Members are obliged to cover these damages as well as pay for the income losses arising from these damages. The amount of the penalty to be applied is determined according to the results it produces.
SUSPENSION FROM THE FEDERATION PENALTY
Article 65
Suspension from the Federation penalty is the decision to remove a member from the membership of the federation. Suspension penalty is of two types: temporary suspension and permanent suspension. Temporary suspension is the removal from the membership of the federation for a period varying up to one year given about the penalty. Permanent suspension penalty becomes final with the approval of this decision by the General Assembly. For this purpose, an item is added to the agenda of the first Ordinary General Assembly to be held to discuss the issue. In the period between the announcement of the penalty decision and the giving of the General Assembly decision, the relationship of the member against whom a suspension decision has been given with the Federation is considered suspended.
Expulsion penalties are applied in the following cases:
TEMPORARY SUSPENSION
- About those who continuously make statements and publications that shake the honor and reputation of the Federation.
- To those who engage in a new action and behavior requiring the same penalty within two years despite receiving a reprimand penalty previously,
- About members elected to Association organs who clearly act contrary to the provisions of laws, bylaws, and regulations.
PERMANENT SUSPENSION
- About members elected to Federation organs who cause the Federation to suffer significant material or moral damage by clearly acting contrary to the provisions of laws, bylaws, and regulations.
- About members who have received a Temporary expulsion penalty previously and consciously repeat the crime of the same nature, make hurting the Association community a habit, and are convinced that they cannot be won over to the community.
- About members who engage in attitudes and behaviors that clearly violate the honor and reputation of the Federation, and openly continue this situation with their words, writings, behaviors, and actions.
HARMONY IN PENALTIES
Article 66
Similar disciplinary penalties are given to those who engage in similar actions in terms of their nature. The board uses its discretion in giving disciplinary penalties, but states this situation in its justifications.
OBJECTION TO THE DISCIPLINARY BOARD
Article 67
A member against whom a judgment has been reached by the Disciplinary Board can object to this decision with a petition to the General Assembly Presidential Council. The Council votes on taking the objection to the agenda.
If the objection is taken to the agenda, it is discussed and decided in the General Assembly. The decision given by the Disciplinary Board is valid until the General Assembly decision. In case the relevant parties apply to administrative jurisdiction against the Disciplinary Board decision, the opinion to be requested by the administrative jurisdiction is prepared by the Association's legal counsel and the Disciplinary Board.
PROCEDURE FOR DELETION OF DISCIPLINARY PENALTY RECORD
Article 68
Members who have received a disciplinary penalty can request the deletion of the penalty decision from their files provided that they do not receive another disciplinary penalty within three years. Upon request, all kinds of records related to the penalty given from the file of the relevant person are deleted. Those who have been permanently expelled from the Federation cannot apply for membership again before three years have passed since the date the penalty decision was given.
Article 69
Files belonging to the Disciplinary Board are kept in a separate place by the Federation Secretary General and are not given to anyone other than the permanent members of the Disciplinary Board.
The following files are kept by the Board:
- Decision file
- Meeting minutes file
- Correspondence file
ANNOUNCEMENTS
Article 70
The following issues are observed in making announcements: If the crimes stipulated in this regulation also carry the quality of a crime according to the American Penal Code, it is mandatory for the Board of Directors to file a criminal complaint with the Prosecutor's Office. The Disciplinary Board notifies the finalized decision and its justification to the association Board of Directors for necessary action. If the penalty put into effect by the Board of Directors is not implemented by the person, institution, and organization officials, a criminal complaint is filed with the Prosecutor's Office against these persons and it is ensured to be announced to the public.
Article 71
Expenses related to the Disciplinary Board are covered from the association budget with the decision of the Board of Directors.
Article 72
All notifications to be made to the relevant parties are made in writing to themselves or to the last address of the relevant person via registered return receipt letter, courier, or personnel.
- E-mail sending is applied for those who cannot be found at their address.
GENERAL PROCEDURE
Article 73
In matters where there is no provision in the application of this regulation, the suggestions of the Disciplinary Board and Former Federation Board of Directors Chairmen and the provisions with the Board of Directors decision are valid.
BOARD OF TRUSTEES
Article 74
It consists of people of Turkish origin, whose relationship with Turkishness is not doubted, who have not engaged in actions disruptive to Turkish unity and solidarity or contrary activities and thoughts against the Republic of Turkey, Ataturk's principles, and Turkishness; who comply with the bylaws of the Federation and should not act contrary to its objectives.
- A person applying for Board of Trustees membership to the Federation of Turkish American Associations Board of Directors consists of people who receive the approval of 2/3 of the active members of the Board of Directors and donate at least five thousand dollars.
- Members elected to the Board of Trustees must pay their annual dues in the first six months to be an active member.
- The annual membership fee of the Board of Trustees is two thousand dollars.
- Members who do not pay their dues on time become Inactive members and do not take place in the Board of Trustees.
- Inactive members become Active members again if they pay all their unpaid dues, including those of previous years, in order to switch to active member status again.
Article 75
The Board of Trustees is the organ that brings financial income to the Federation, its duties and powers are as follows:
- To ensure that the management realizes its mission, especially the basic targets regarding education and various activities. This responsibility covers approving the financial plan necessary for the realization of these targets, setting the targets and objectives of the federation management. It is the duty of the Board of Trustees to provide financial resources.
- The Board of Trustees is responsible for finding financial resources.
- The Board of Trustees prepares sponsorship budgets on behalf of the Federation. Finds financing sources. Collects donations.
- Budgets to be prepared on behalf of the Federation are worked on in coordination with the Board of Trustees and the Board of Directors. The Board of Trustees is fully authorized to correspond, negotiate, agree with the main sponsor, sponsors, and financiers on behalf of the Federation and sign official documents that bring income in this regard.
- The Federation Chairman of the Board submits the financial request for projects and expenditures to the Board of Trustees after receiving the approval of the Board of Directors.
- The Board of Trustees works in coordination with the Board of Directors regarding expenditures.
- Election of the Chairman of the Board of Trustees; The Chairman is elected by the members of the Board of Trustees with one more than half of the number of members.
Article 76
The duties and powers of the Chairman of the Board of Trustees are the same as other Board of Trustees members. However, the Board of Trustees Chairman acts as spokesperson on behalf of the Board of Trustees. The Federation Chairman of the Board, Federation Treasurer, and Chairman of the Board of Trustees are responsible for the Federation Bank account. Signature powers in Federation Bank accounts consist of these three people and it is mandatory to have at least two signatures on checks.
Article 77
In case of vacancy of Board of Trustees membership due to death, resignation, or another reason, their membership drops. If it is determined that any of the Board of Trustees members acts contrary to the objectives of the federation, reveals its secrets, or operates against it, the Board of Trustees may terminate the membership of this member. In this case, the membership of the relevant person also ends. If the Board of Directors wishes, it may decide separately on the continuation of this member's membership.
RESIGNATION OR EXPULSION FROM THE FEDERATION
Article 78
Association members of the Federation can leave the Federation with the decisions of their own General Assemblies. The separation process is completed when the separation decision taken by the General Assembly of the Association is officially notified to the Board of Directors of the Federation.
Article 79
Association members of the Federation are deemed to have accepted that they embrace the objectives of the Federation of Turkish American Associations. Associations that do not remain loyal to the objectives of the Federation and the qualifications sought in its members (Article-9) can be temporarily expelled from the Federation by the decision of the Federation Board of Directors. This decision becomes final by being negotiated and voted on at the Federation General Assembly. The voting ratio required for the expulsion decision to become final is specified in Article-9.
PROCEDURE FOR DISPUTES
Article 80
In disputes arising both between the associations affiliated with the Federation and within the associations affiliated with the Federation themselves, if the parties cannot find a solution among themselves, they can ask for help by applying to the Federation Disciplinary Board. It is sufficient for only one of the parties to apply for the Disciplinary Board to deal with these disputes.
Article 81
Within one month following the application of one of the parties, the Disciplinary Board listens to both parties regarding the dispute and prepares a report. The Disciplinary Board prepares its report within one month and submits it to the Board of Directors.
Article 82
The Board of Directors decides by majority based on the Disciplinary Board report. This decision is temporary and the final decision is taken by the General Assembly with a simple majority. The principles in Article 9 apply for the decision of expulsion from the Federation.
INCOME SOURCES AND ASSETS OF THE FEDERATION
Article 83
Income sources of the Federation are shown below:
- Membership dues paid by associations and donations made to the Federation
- Incomes provided in organized meetings,
- Incomes provided from verbal and written media organs,
- Rents and bank interests
- Organized lottery draws and revenues
Article 84
It is mandatory to give a signed receipt bearing the Federation seal for dues, donations, and all other kinds of income.
Article 85
Board of Trustees and Board of Directors members are jointly responsible for the protection of Federation money and assets and for damages that may occur to them.
FILES AND SEAL OF THE FEDERATION
Article 86
The following files, books, and receipts are kept in the Federation:
- Board of Directors Decision Book; It is the book where decisions taken by the Board of Directors are written and signed, and is kept and preserved by the Deputy Secretary General.
- General Assembly Minutes File: Kept by General Assembly Secretaries. Summary of negotiations, decisions, and election results of the General Assembly are written in this file. After being signed by the General Assembly Chairman and Secretaries, it is delivered to the newly elected Executive Board. This file is preserved by the Deputy Secretary General, brought to General Assembly meetings, and delivered to the General Assembly Chairman for General Assembly negotiations.
- Member Associations Registry Book and File: Kept and preserved by the Deputy Secretary General. Member associations are registered in this book in order of application. Photocopies of bylaws and official registration documents of member associations are preserved in this file.
- Dues, Donation and Other Receipt Receipts: All kinds of receipt receipts are signed by the Chairman of the Board of Trustees and the Federation Chairman of the Board. These receipts are also processed into the income book by the Federation treasurer.
- Income-Expense Book: Kept and preserved by the Treasurer. The Treasurer keeps and reserves a separate file for invoices and documents related to expenses.
- Bank Check and Bank Account Books: Arranged and preserved by the Treasurer under the control of the Board of Trustees.
- Fixture Book: Arranged and preserved by the Treasurer in the presence of the Board of Directors.
- General Correspondence File: All kinds of correspondence of the Federation with member or non-member associations or individuals or institutions and official authorities, originals of received letters, and copies of sent letters are preserved in the General Correspondence File. This file is kept by the Deputy Secretary General. However, the management of correspondence is done by the Secretary General.
- Federation Seal: The official seal of the Federation is preserved by the Secretary General.
- Receipt Books: Receipt books of the Federation carry a serial number. The receipt book is counted and received by the Treasurer in the presence of the Board of Directors.
Article 87
If opportunities allow, salaried personnel can be hired with the decision of the Board of Directors. In this case, the books and files specified in Article 57 are kept and preserved by these salaried personnel under the supervision and responsibility of separate authorized persons. The selection of salaried personnel, the amount of their salaries, and the decision to dismiss them if necessary are under the full authority of the Board of Directors.
DISSOLUTION OF THE FEDERATION
Article 88
The dissolution of the Federation is done according to the principles in Article 21 of the bylaws. If the Federation is closed, the existing money and assets of the Federation are transferred to a non-profit organization according to the decision to be given by the congress that gives the closing decision.
ADVISORY BOARD
Article 89
The Board of Directors establishes an Advisory Board from people it deems appropriate. Well-known capable people of the Turkish community are elected to this board. Former Federation Board of Directors Chairmen are natural members of this board. The Advisory Board notifies its opinion to the Board of Directors in writing on issues it deems important.
AMENDMENT OF BYLAWS
Article 90
Amendments or additions planned to be made in the bylaws with the decision of the Federation Board of Directors are first notified to active member associations in writing and are temporarily accepted by being negotiated in the following Board of Directors meeting. Final acceptance of these bylaw articles is only made by Ordinary or Extraordinary General Assemblies. Bylaw amendment proposals are accepted with a 2/3 majority of the active members participating in the General Assembly. This bylaw, consisting of 90 Articles and 127 paragraphs, was accepted by being negotiated at the General Assembly held by the Federation of Turkish American Associations on January 07, 2018, to replace the bylaw dated December 19, 1971, which was amended in 1974, 1979, 1983, 1988, 1991, 1999, 2106, and 2017, and constitutes the valid bylaws from this date.
This bylaw, consisting of 90 Articles and 127 paragraphs, came into force by replacing the old bylaw dated 1971, by being accepted at the General Assembly on January 07, 2018.
ADDITIONAL DECISION
Note: The written decision below was approved at the TADF Extraordinary Congress dated February 27, 2022.
NOTE: The written decision below was approved at the TADF Extraordinary Congress dated February 27, 2022. In order to refresh TADF member records, if all our Active and Inactive associations submit their Nonprofit certificate or 501(c)(3) tax-exempt status document and a list of names, surnames, and e-mail addresses of at least 30 members to the TADF General Secretariat by e-mail, letter or by hand until June 30, 2022 at the latest, they will switch to active association status until the end of 2023 without paying dues. (After the result of the General Secretariat's examination of the documents). In addition, all associations that have submitted their documents will be able to represent their associations with five delegates at the Annual Ordinary General Assembly to be held on the third Sunday of September 2022.