BY-LAWS OF

                                   NEIGHBORHOOD CHARTER SCHOOL, INC.

 

                                                       ARTICLE I.  OFFICES

 

            The principal office of Neighborhood Charter School, Inc. (hereinafter referred to as the "Corporation" or "NCS") shall be located in the State of Georgia.

 

                                              ARTICLE II.  GENERAL PURPOSE

 

The goal of the NCS is to operate a true neighborhood public school, one that is open and welcoming to all, which provides a quality education for our children and enjoys significant parental and community involvement.  The school operates under a charter contract which was negotiated between the organizers who created and operate the school, and the Atlanta Board of Education.

 

                                             ARTICLE III.  GOVERNING BOARD

 

            Section 1.       General Powers.  The business and affairs of NCS shall be managed under the direction of the Governing Board.  The members shall in all cases act as a board, and they may adopt such rules and regulations for the conduct of their meetings and the management of the Corporation as they may deem proper, not inconsistent with NCS's Articles of Incorporation, these Bylaws, and the laws of this State.

 

            Section 2.       Number, Tenure, Vacancies, and Qualifications.  The Governing Board shall consist of at least eighteen (18) members, which number shall be fixed from time to time by the Governing Board.  Members shall be natural persons who are 18 years of age or older but need not be residents of the State of Georgia. 

 
            Section 3.        Structure of the Governing Board.  The Governing Board will include 16 voting members and two ex-officio member from the Neighborhood Charter School community. The membership of the Board will include:

 

  1. Nine (9) parent or guardian representatives, including at least three parents/guardians with a child or children in grades K-2 and at least three parents/guardians with a child or children in grades 3-5.  One parent representative must be the PTCA president.
  2. One (1) immediate past-chair of the Governing Board.  The past-chair will serve a one or two year term immediately following his/her term as chair, depending on the number of terms the next chair serves.  This may be in addition to the two-year term served as parent representative and chair.
  3. Four (4) teacher/support professionals (media, counselors) representatives with at least one teacher from grades K-2 and one teacher from grades 3-5.
  4. Two (2) community representatives: 1 from the Grant Park Neighborhood Association (GPNA) and 1 from South Atlantans for Neighborhood Development (SAND).
  5. The School Principal will serve as an ex-officio, non-voting member of the Board.

 

  1. The Chief Financial Officer will serve as an ex-officio, non-voting member of the Board.

 

Governing Board members, except for the GPNA and SAND representatives, will be elected to staggered two-year terms by the Parent, Teacher, and Community Association (PTCA).  Please see the table below for an overview. One of the parent/guardian representatives must be the current PTCA President.

 

The Governing Board shall be subject to the provisions of Open Meetings Law, O.C.G.A. § 50-14-1, and Inspection of Public Records Law. O.C.G.A. § 50-18-70.

 

Governing Board Structure

 

Member Group

Number of Reps

Term Length

Elected By

Parents/Guardians

9

2-Years staggered.  The designated seats must include three representing grades K-2, and three representing grades 3-5.  One of the representatives must be the current PTCA president.

Parent, Teacher, Community Association.  Election will take place at the annual meeting of NCS to be held in April or May.

 

 

Immediate Past Chair

1

1 or 2 years, depending on the number of terms the next chair serves.

By virtue of position.

Teachers/Support Personnel

4

2-Years staggered.  The designated seats must include one representing grades K-2 and one representing grades 3-5.   

Parent, Teacher, Community Association. Election will take place at the annual meeting of NCS to be held in April or May.

Community Representatives

2

None

To be determined by GPNA and SAND.

Principal/Executive Director (ex-officio, non-voting)

1

None

By virtue of position

Chief Financial Officer (ex-officio, non-voting)

1

None

By virtue of position.

 

 

 

All members of the Governing Board shall serve staggered two-year terms with the exception of the principal, and the representatives from GPNA, SAND. Parent/guardian and teacher representatives shall serve no more than two consecutive terms.  Parent/guardian and teacher representatives may serve on the board again after serving two consecutive terms provided they are off the board for a minimum of two years.  The Governing Board will review the membership composition of Board committees and the school-wide subcommittees on an annual basis.

 

All instructional staff (teachers), other than those who are members of the Governing Board, must serve on at least one Board committee or school-wide subcommittee. 

 

            Any parent or teacher representative vacancy occurring on the Governing Board may be filled by the affirmative vote of the parent, guardians, and staff of NCS.

 

            A member elected or appointed to fill a vacancy shall be elected or appointed for the unexpired term of his predecessor in office.  Any membership to be filled by reason of an increase in the number of members may be filled by the Governing Board, but only for a term of office continuing until the next annual meeting of members.

 

            Section 4.       Annual Meetings.  An annual meeting of the members shall be held every April or May (the date, time, and place to be fixed by the Governing Board and notice given to all members, at least 3 weeks in advance.), for the purpose of electing members and for the transaction of such other business as may come before the meeting.

 

            Section 5.       Resignation.  A member may resign at any time by giving written notice to the chair or chair-elect of NCS.  Unless otherwise specified in the notice, the resignation shall take effect upon receipt thereof by the officer, and the acceptance of the resignation shall not be necessary to make it effective.

 

            Section 6.       Conflict of Interest.  Members shall comply with ethics and conflict of interest provisions applicable to members of the Atlanta Board of Education. Governing Board members shall not participate in discussions or votes related to any Charter School business transactions or affairs which would cause an actual, or would give an appearance of, a conflict of interest.

 

            Section 7.       Order of Business.  The order of business at all meetings shall be set by the board.

 

Section 8.  Attendance.  Board members are not allowed to miss more than two board meetings per year.  If they miss more than two meetings the Board Chair will meet with them to discuss their participation.  If they are unable to fulfill their responsibilities, they will be asked to step down.

 

 

                                                     ARTICLE IV.  OFFICERS

 

            Section 1.       Number and Qualifications.  The officers of NCS shall consist of a Chair, a Chair-elect, a Treasurer, a Recorder, and such other officers and assistant officers as may be deemed necessary, each of whom shall be elected by the Governing Board.  The same individual may simultaneously hold more than one office of the Corporation.

 

            Section 2.       Election and Term of Office.  The officers of NCS shall be

elected by the Governing Board at its first meeting, except for the office of chair-elect

 

which shall be elected at the January meeting.  Each officer shall hold office for a term of one year or until his successor has been duly elected and has qualified or until his earlier death, resignation or removal from office as hereinafter provided. 

 

            Section 3.       Resignation, Removal and Vacancies.  In the event that any one of the officers shall resign, such officer shall immediately cease to be an officer.  Any such resignation shall be in writing and shall be delivered to either the Chair or Chair-elect. Any officer or agent may be removed by the Governing Board whenever in its judgment the best inter­ests of the Corporation will be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed.  Election or appointment of an officer or agent shall not of itself create contract rights.  Any vacancy in any office for whatever reason shall be filled, within a reasonable period, for the unexpired portion of the term, by the Governing Board.

 

            Section 4.        Chair.  The Chair shall be the principal executive officer of NCS and, subject to the general direction of the Governing Board, shall supervise and control the business and affairs of the Corporation.  The Chair shall, when present, preside at all meetings of the Governing Board.  The Chair or Chair-elect or both may sign, with the Recorder or any other proper officer of the Corporation thereunto authorized by the Governing Board, deeds, mortgages, bonds, contracts, or other instruments which the Governing Board has authorized to be executed, except in cases where the signing and execution thereof is expressly delegated by the Governing Board or by these Bylaws to some other officer or agent of the Corporation, or is required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of Chair and such other duties as may be prescribed by the Governing Board from time to time.  The Chair shall have authority to institute or defend legal proceedings when the members are deadlocked.  An individual may serve as chair for two consecutive one-year terms, provided they are duly re-elected by the board.  An individual may serve as Chair again after either their one year term or two consecutive terms, as long as they are off the board for a minimum of two years before serving again. 

 

            Section 5.       Chair-elect.  The Chair-elect shall:  (a) assume duties of Chair in his/her absence; (b) assist Chair in planning meetings; (c) plan the annual meeting and/or board retreat; and, (d) serve as the chair of the Governing Board nominating committee.

 

            Section 6.       The Recorder.  The Recorder shall: (a) keep the minutes of the proceedings of the Governing Board in one or more books provided for that purpose; (b) authenticate records of the Corporation; (c) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (d) be custodian of the corporate records and of the seal of the Corporation and see that the seal of the Corporation is affixed to all documents, the execu­tion of which on behalf of NCS under its seal is duly authorized; (e) keep a register of the mailing address of each member which shall be furnished to the Recorder by such member; (f) in general perform all duties incident to the office of Recorder and such other duties as from time to time may be assigned to him/her by the chair or by the Governing Board and; (g) ensure that all board minutes are prepared for board review at each subsequent board meeting and thereafter made available to the school community.

 

            Section 7.       The Treasurer.  The Treasurer shall work with the Chief Financial Officer of the school to: (a) keep correct and complete books and records of account for the Corporation; (b) have charge and custody of and be responsible for all funds and securities of the Corporation; (c) receive and give receipts for monies due and payable to the Corporation from any source whatsoever, and deposit all such monies in the name of NCS in such banks, trust companies or other depositories as shall be selected in accordance with the provisions of Article IV of these Bylaws; and (d) in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the Chair or by the Governing Board.  If there is no treasurer, all such functions shall be performed by the Chair and assisted by the Recorder.

 

            Section 8.        School  Principal/Executive Director.  The School Principal/Executive Director shall:  (a) manage daily operations of school; (b) direct hiring and supervision of all school teaching and support staff and otherwise meet all criteria outlined in the School Principal’s written job description; (c) ensure that the charter contract goals are being meet;  (d)  report quarterly to the Board on charter compliance and progress toward meeting goals;  (e)  assist Chair with scheduling and setting agendas for meetings;  (f)  facilitate and implement Governing Board decisions;  (g)  act as liaison between school and district office;  (h)  provide knowledge of federal, state, and district policies/regulations;  (i)  encourage bottom-up decision-making and participation by all;  (j)  facilitate and implement school's vision and goals; and (k)  report to the Governing Board.

 

            Section 9.        Duties of all Governing Board Members.  All Governing Board members shall:

 

  1. gather and report Liaison Group concerns and ideas to the Board;
  2. inform Liaison Group of Board decisions;
  3. encourage teamwork within the group;
  4. provide leadership in implementing the curriculum/vision/goals;
  5. facilitate communication among members; and
  6. provide oversight of the Principal/Executive Director to include participating in the annual performance and compensation review of the Principal/Executive Director.

 

ARTICLE V.  COMMITTEES

 

         Section 1.        Governing Board Committees. The committees of the Governing Board are each chaired by a member of the Governing Board; the Chair is not permitted to chair committees.  At its discretion each year, the Board may vote to create an Executive Committee, which will include at a minimum the chair, chair-elect (when such an officer is in place), past-chair, Finance Chair, Parent and Family Involvement chair, and Executive Director with the authority to handle urgent or routine issues raised by the School Principal during the period between regular monthly Board meetings. All meetings and decisions of the Executive Committee must be reported to the Board at the next regular meeting and any actions taken may be overruled by simple majority vote of the full Board.

 

The committees and their respective responsibilities are as follows:

 

Finance.  Prepare annual budget for Board approval. Monitor budget compliance, all financial expenditures and revenues and other financial issues throughout the year. Recommend financial policies to the Board.  Work with the Board, School Principal and other staff to establish financial goals and policies.

Finance chair will serve as Board treasurer and, in collaboration with the CFO and School Principal, prepare and present a report on current financial performance at each Board meeting.

 

Personnel.  Develop and maintain hiring; grievance; transfer; evaluation, including the Executive Director/Principal evaluation; and other personnel procedures.  Work with the School Principal and/or Board Chair in implementing these policies and hiring staff.

 

Parental and Family Involvement.  Develop and provide oversight of the parent involvement plan and other parent and family volunteer programs and policies within the school.  The PFI committee is responsible for tracking and analyzing volunteer activities and trends within the school; making recommendations about how to enhance the volunteer program; tracking and reporting family volunteer hours; assisting families who are struggling to meet their volunteer requirements; providing volunteer orientation and training; coordinating the cross-grade meetings each year, sharing the results of these meetings and making recommendations based on the information gained from them.

 

Section 2.  Parent Teacher Community Association (PTCA).  The PTCA coordinates parent, teacher, and community involvement within the school.  The President of the PTCA will serve as a voting member of the Governing Board. The PTCA will define the association’s specific goals and operating procedures each year and present them to the Governing Board for approval.  The responsibilities of the PTCA will include, at a minimum, fundraising for the school’s general operating budget; school-wide volunteer coordination; extra-curricular activities including athletics, clubs, and after-school enrichment programs; and information sharing within the school and the greater community – including hosting and promoting PTCA and other school meetings and functions.

 

Section 3.        School-wide Subcommittees. The following subcommittees are filled primarily by non-Governing Board members and will report regularly to the Governing Board.  All instructional staff (teachers), other than the Governing Board members, must serve on at least one Board committee or school-wide subcommittee.  Other staff, parents/guardians or family, community members, and Governing Board members are encouraged to serve on a committee. 

 

Responsibilities of the standing subcommittees may be reduced or expanded by the Governing Board or upon recommendation of the particular subcommittee concerned and after discussion/approval by the Governing Board.  Other committees may be established as the need arises.  All subcommittees shall report to the Governing Board. 

 

All subcommittees will meet on a specified regularly scheduled meeting date established at the beginning of the school year.  The subcommittees shall meet a minimum of once a month.  The board may appoint subcommittee chairs or the subcommittee may select its own chair.  The subcommittee chair serves as the groups’ representative to the Governing Board.

 

The subcommittees may include the following or others.  The Governing Board will adopt, each year, committee operating procedures which will identify the committees to be in place for the year as well as operating processes for those committees.

 

Student Learning

Responsibilities of this subcommittee, which will be composed of a majority of teachers, will include but are not limited to:

1.     gathering information and input about curriculum and curriculum issues including curriculum theory, curriculum development, curriculum assessment, goals and objectives, as well as school discipline;

2.     coordinating the school’s annual Curriculum Night as well as other functions to communicate and explain the school’s curriculum to the families; and

3.     collecting feedback from families about the curriculum at the school to share with the school administration and board.

 

Diversity Awareness & Initiatives

Responsibilities include but are not limited to:

1.     gathering information and input about school-wide diversity;

2.     recommending programs, initiatives or methods to recognize and celebrate and respond to the diversity in the school and community;

3.     recommending processes, programs, and plans to improve culturally responsive practices within the school;

4.     developing strategies to ensure that all community members receive constant and consistent information on school happenings in a culturally appropriate manner;

5.     providing feedback to the entire school population concerning the results of subcommittee meetings; and

6.     establishing task forces related to this subcommittee as needed.

 

Grant Writing

Responsibilities include but are not limited to:

1.     identifying and applying for grants and other funding opportunities.

 

Building and Grounds Committee:

Responsibilities include but are not limited to:

1.     maintaining the school building and grounds; and

2.     managing the Health and Safety plan for the school.

 

 

 
Related Arts

Responsibilities include but are not limited to:

1.     developing and implementing an arts, music, and physical education program within the school;

2.     leading effort to integrate art and music from cultures represented within the school for recognition, exploration and celebration;

3.     providing feedback to entire school population concerning results of subcommittee meetings; and

4.     establishing task forces related to this subcommittee as needed.

 

                       

ARTICLE VI.  CONTRACTS, LOANS, CHECKS AND DEPOSITS

 

            Section 1.       Contracts.  The Governing Board may authorize any officer or officers, agent or agents to enter into any contract or execute and deliver any instrument in the name of and on behalf of NCS, and such authority may be general or may be confined to specific instances. 

 

            Section 2.       Loans.  No loans shall be contracted on behalf of NCS, and no evidence of indebtedness shall be issued in its name, unless authorized by a resolution of the Governing Board.  Such authority may be general or confined to specific instances.

 

            Section 3.       Checks, Drafts, Etc.  All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of NCS shall be signed by such officer or officers, agent or agents of the Corporation and in such manner as shall be determined from time to time by resolution of the Governing Board.

 

            Section 4.       Deposits.  All funds of NCS not otherwise employed shall be deposited from time to time to the credit of the Corporation in such banks, trust companies or other depositories as the Governing Board may select.

 

                                                  ARTICLE VII.  FISCAL YEAR

 

            The fiscal year of NCS shall end on the thirtieth of June in each year.

 

ARTICLE VIII.  CORPORATE SEAL

            The Governing Board shall provide a corporate seal which shall be circular in form and have inscribed thereon the name of NCS, the state of Incorporation, the words "Not For Profit," and the words "Corporate Seal."  The seal of the Corporation may be affixed to any document executed by NCS, but the absence of the seal shall not impair the validity of the document or any action taken in pursuance thereof or in reliance thereon.

 

                                             ARTICLE IX.  WAIVER OF NOTICE

            Whenever any notice is required to be given to any member of NCS under the provisions of these Bylaws or under the provisions of the Articles of Incorporation or under the provisions of the Georgia Nonprofit Corporation Code, a waiver thereof may be made, whether before or after the times stated therein, in writing signed by the person or persons entitled to such notice and delivered to the Corporation for inclusion in the minutes or corporate records.  Such written waiver shall be deemed equivalent to the giving of such notice.

 

                                                   ARTICLE X.  AMENDMENTS

 

            Section 1.       Power to Amend Bylaws.  The Governing Board shall have the power to alter, amend or repeal these Bylaws or adopt new bylaws, but any bylaws adopted by the Governing Board must be confirmed by the affirmative vote of the parents, guardians, and staff of NCS and must be consistent with the Articles of Incorporation of NCS and the laws of the State of Georgia.

 

            Section 2.       Conditions.  Action by the Governing Board with respect to bylaws shall be taken by an affirmative vote of a majority of all members then holding office.

 

                                            ARTICLE XI.  EMERGENCY BYLAWS

 

            The Emergency ByLaws provided in this Article XI shall be operative during any emergency in the conduct of the operations and affairs of NCS resulting from any catastrophic event because of which a quorum of the Corporation's members cannot be readily assembled, notwithstanding any different provision in the preceding Articles of these Bylaws or in the Articles of Incorporation of NCS or in the Georgia Nonprofit Corporation Code.  To the extent not inconsistent with the provisions of this Article, the Bylaws provided in the preceding Articles shall remain in effect during such emergency and upon its termination the Emergency Bylaws shall cease to be operative.

 

            During any such emergency:

            (a)   A meeting of the Governing Board may be called by any officer or member of NCS.  Notice of the place, date and hour of the meeting shall be given by the person calling the meeting to such of the members as it may be feasible to reach by any available means of communica­tion.  Such notice shall be given at such time in advance of the meeting as circumstances permit in the judgment of the person calling the meeting.

            (b)   At any such meeting of the Governing Board a quorum shall consist of one member and any other members available.

            (c)   Either before or during any such emergency, the Governing Board may provide and from time to time modify lines of succession in the event that during such an emergency any or all officers or agents of the Corporation shall for any reason be rendered incapable of discharging their duties.

 

            These Emergency Bylaws shall be subject to repeal or change by further action of the Governing Board, but no officer, member, or employee acting in accordance with these Emergency Bylaws shall be liable for any corporate action taken in good faith.  Any amendment of these Emergency Bylaws may make any further or different provision that may be practical and necessary for the circumstances of the emergency.

 

 

 

 

 

                                             ARTICLE XII.  INDEMNIFICATION

 

            Section 1.       Actions Against Officers and Members.  Pursuant to the provisions set forth in Sections 3 and 4 of this Article, NCS shall indemnify and hold harmless any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Corporation) by reason of the fact that he is or was a member, officer, employee or agent of the Corporation, or is or was serving at the request of NCS, as a member, officer, employee or agent of another Corporation, partnership, joint venture, trust or other enterprise, against reasonable expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connec­tion with such action, suit or proceeding if he acted in a manner he reason­ably believed in good faith to be in or not opposed to the best interests of the Corporation, and, with respect to any criminal action or proceeding, had no reason­able cause to believe his conduct was unlawful; provided, however, that the Corporation shall not indemnify a member, officer, employee or agent for any liability incurred in a proceeding in which the person is adjudged liable to the Corporation or is subjected to injunctive relief in favor of the Corporation: (a) for any appropriation, in violation of his duties, of any business opportunity of the Corporation; (b) for acts or omissions which involve intentional misconduct or a knowing violation of law; (c) for the types of liability set forth in Section 14-2-831 of the Official Code of Georgia Annotated; or (d) for any transaction from which he received an improper personal benefit.  The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not in itself create a presumption that the person did not act in a manner he reasonably believed to be in or not opposed to the best interests of the nonprofit Corporation, nor, with respect to any criminal action or proceeding, that the person did not have reasonable cause to believe that his conduct was lawful.

 

            Section 2.       Actions By Or In The Right Of The Corporation.  Pursuant to the provisions set forth in Sections 3 and 4 of this Article, NCS shall  indemnify and hold harmless any person who was or is a party, or is threatened to be made a party, to any threatened, pending or completed action or suit, by or in the right of the Corporation to procure a judgment in its favor by reason of the fact that he is or was a member, officer, employee or agent of the Corporation, or is or was serving at the request of NCS, as a member, officer, employee or agent of another Corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Corporation; provided, however, that the Corporation shall not indemnify a member, officer, employee or agent for any liability incurred in a proceeding in which the person is adjudged liable to the Corporation or is subjected to injunctive relief in favor of the Corporation: (a) for any appropriation, in violation of his duties, of any business opportunity of the Corporation; (b) for acts or omissions which involve intentional misconduct or a knowing violation of law; (c) for the types of liability set forth in Section 14-2-831 of the Official Code of Georgia Annotated; or (d) for any transaction from which he received an improper personal benefit. 

 

            Section 3.       Expenses.  To the extent that a member, officer, employee or agent of NCS has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Sections 1 and 2 of this Article, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reason­ably incurred by him in connection therewith.

 

            Section 4.       Determination And Authorization.  Except as provided in Section 3 of this Article, and except as may be ordered by a court, any indemnification under Sections 1 and 2 of this Article shall be made by NCS only as authorized in the specific case upon a determination that indemnification of the member, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in Sections 1 and 2.  Such determination shall be made (1) by the Governing Board by a majority vote of a quorum consisting of members who were not parties to such action, suit or proceed­ing, or (2) if such a quorum is not obtainable, by majority vote of a committee duly designated by the Governing Board, consisting solely of two or more members not at the time parties to the action, suit or proceeding, or (3) by special legal counsel employed by the Corporation for that purpose.  Authorization of indemnification or an obligation to indemnify, and evaluation as to reasonableness of expenses, shall be made in the same manner as the determination that indemnification is permissible.

 

            Section 5.       Prepayment.  Expenses incurred in defending or prosecuting a civil or criminal action, suit or proceeding may be paid by NCS in advance of the final disposition of such action, suit or proceeding as authorized by the Governing Board if:  (a) the member, officer, employee or agent furnishes the Corporation a written affirmation of his good faith belief that his conduct merits indemnification under Section 1 or Section 2 of this Article; and (b) the member, officer, employee or agent furnishes the Corporation a written undertaking, executed personally on his behalf, to repay advances if it is ultimately determined that he is not entitled to indemnification pursuant to the laws of this State.

 

            Section 6.       Rights.  The indemnification provided by this Article shall not be deemed exclusive of any other rights, with respect to indemnification or otherwise, to which those seeking indemnification may be entitled under any bylaw or resolution adopted or approved by a majority of the full Governing Board, both as to an action by a member, officer, employee or agent in his official capacity, and as to an action in another capacity while holding such office or position, and shall continue as to a person who has ceased to be a member, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person.

 

            Section 7.       Insurance. NCS may purchase and maintain insurance on behalf of any person who is or was a member, officer, employee or agent of the Corporation, or is or was serving at the request of NCS as a member, officer, employee or agent of another Corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him or incurred by him in that capacity, or arising from his status as such, whether or not the Corporation would have the power to indemnify him against such liability under the provisions of this Article.

 

 

 

            Section 8.       Mergers/Consolidations.  For purposes of Sections 1 and 2 of this

Article, reference to "the Corporation" or "NCS" shall include, in addition to the surviving or new Corporation, any merging or consolidating Corporation (including any merging or consolidating Corporation of a merging or consolida­ting Corporation) absorbed in a merger or consolidation with NCS so that any person who is or was a member, officer, employee or agent of such merging or consolidating Corporation, or is or was serving at the request of such merging or consolidating Corporation as a member, officer, employee or agent of another Corporation, partnership, joint venture, trust or other enterprise, shall stand in the same position under the provision of Sections 1 and 2 of this Article with respect to the Corporation as he would if he had served the Corporation in the same capacity.  However, no indemnification under Sections 1 and 2 of this Article shall be mandatory without the approval of such indemnification by the Governing Board of NCS in the manner provided in Section 4 of this Article. 

 

                           ARTICLE XIII.  PAYMENTS TO MEMBERS AND OFFICERS

 

            No part of the net income or profit of NCS, if any, shall be distributed to the members or officers.

Back