ARTICLE I – NAME

The name of this organization shall be Create North Dakota, hereafter referred to as CreateND. ‘Affiliate’ in this document refers to the organization in the state of North Dakota.

ARTICLE II – PHILOSOPHY

It is the goal of Create ND to provide opportunities for students to develop creative problem solving skills in a positive atmosphere with quality sportsmanship exhibited by those involved at all levels of competition.

ARTICLE III – BOARD OF DIRECTORS

Section 1 – Membership

The Board of Directors (hereafter referred to as Board or BOD) shall consist of the following members:

the CreateND Affiliate Director(s); Should there be more than one (1) Affiliate Director, each will be considered one of the 10. (e.g. two (2) Affiliate Directors would allow for up to eight (8) other board members, etc.
one regional director from each region;
up to six board members, striving representation from all areas of the Affiliate;
one Affiliate Training Director;
one Affiliate Tournament Director

This would bring the total board of directors to a minimum of 10.

Members are responsible to represent all children involved in creative problem solving in North Dakota.

Section 2 – Membership Terms

The Affiliate Director(s) (hereafter AD) shall be [a] voting member(s) of this board. The AD shall be appointed each year by a vote of the Board of Directors to serve a one-year term. Affiliate Director(s) may serve consecutive terms.
Any Board member may nominate a person for the position of Affiliate Tournament Director, and such appointment shall be made by a vote of a simple plurality.
Any Board member may nominate a person for the position of Affiliate Training Director, and such appointment shall be made by a vote of a simple plurality.
Vacancies on the board should be filled as soon as possible, by action of the remaining BOD members.
Membership terms shall be chosen so that there is yearly rotation on the Board, whenever possible. The term of members shall be three years, and may serve up to two consecutive terms.

Section 3 – Officers

The officers of the Board of Directors shall be:

1) Chair (The Chair should not be the Affiliate AD.);

2) Vice Chair;

3) Secretary; and

4) Treasurer.

Officers shall be chosen at the first meeting of the fiscal year from the members of the Board of Directors. Any Board member may nominate a person for the officer positions. Officers shall serve a one-year term, and may serve consecutive terms.
Officers may be removed by a two-thirds (2/3) majority vote of the current Board. These votes may be cast via ITV, email, phone, or any technology avenue that allows for the board members to cast a live vote.

Section 4 – Duties of the Board of Directors

The duties of the BOD shall include the following:

assist in the planning and execution of the CreateND Affiliate tournament, including making recommendations to the Affiliate Tournament Director;
establish committees as needed;
set fees and other dues for memberships; overseeing membership registrations; pursuing new memberships, and making sure that current memberships continue to renew their memberships;
Assist in the recruitment of corporate sponsorships
establish regions based on CreateND membership; approving regional plans as presented and resolving any conflicts;
establish and approve an annual budget to be set before September 1^st of the year, disseminating funds to regions as approved;
maintain a petty cash account for regions to expedite normal purchases for training and tournaments;
hold regularly scheduled meetings during the course of the CreateND fiscal year, conducting business only when a quorum (simple majority of Board members) is present;
review and act on recommendations to change the bylaws of CreateND;
appoint the CreateND Affiliate Director(s);
appoint an Affiliate Training Director (hereafter ATD);
appoint an Affiliate Tournament Director; and
determine stipend amounts on an annual basis.
Recruit additional board members (as needed) and committee members.

ARTICLE IV – REGIONS

Section 1

Each region shall be a geographic area approved by the CreateND BOD. Regional structure themselves shall be a parallel format to that of CreateND. Each regional board of directors shall be comprised of a minimum of a Regional Director, who sits as a CreateND Board member, the Affiliate Director or designee, and one representative designated by the region that serves as a CreateND Board member.

Section 2

Each region shall operate a regional tournament. The purpose of this regional tournament shall be to provide opportunities for teams to display creativity and sportsmanship, as well as advance teams to the CreateND Affiliate tournament. The tournament shall be held at the appropriate facility, which is capable of handling the students and tournament activities. Each region shall issue at least a first place, second place, third place in each respective level and challenge, any Divinci Award and Renaissance award winner, and one wildcard for each Challenge (not one for each level of challenge [e.g. one wildcard for Challenge C, not one wildcard for Challenge C Elementary, one wildcard for Challenge C Middle, and one wildcard for Challenge C Secondary.) for purposes of advancing to the Affiliate Tournament. The region may also issue outstanding creativity awards, when applicable, which may advance a team not in one of the three positions to the Affiliate tournament. Each region will notify the Affiliate AD and Affiliate Tournament Director within one week following the regional tournament.

ARTICLE V – CreateND MEMBERSHIP

Section 1 — Affiliate Membership Fees

Each member school (or other group entity) within North Dakota shall pay fees according to the structure set at the first meeting of the fiscal year for CreateND BOD. Affiliate membership begins after national and Affiliate fees have been paid. School Registration forms and affiliate membership is due on December 15^th of each year. Should the 15^th land on a weekend, the affiliate fee is due on the following Monday.

Section 2 — Tournament Fees

Tournament fees for individual teams will be determined on an annual basis by the CreateND BOD. These fees will be assessed on a regional and Affiliate level. Tournament fees are paid with team registrations for a specific tournament.

Section 3 — Additional Membership Responsibilities

All new Team Managers should be strongly encouraged to attend a training session. Additionally, any Team Managers may attend these trainings. Team Managers or Site Coordinators of each school/group entity must register teams and submit fees or purchase orders on or before the cutoff date for each tournament. Teams must become familiar with and adhere to all CreateND tournament procedures.

ARTICLE VI – INDEMNITY

CreateND shall indemnify its officers and other BOD members to the maximum extent required or permitted by section 10-15-31 of the North Dakota Century Code, unless such officers and BOD members shall be deemed to have acted in a manner that constitutes gross or willful negligence or gross or willful misconduct. However, in no event shall CreateND be required to provide indemnification to the extent that the same would give rise to the imposition of a penalty tax upon the board either Create ND or the person otherwise to the indemnified, or both, pursuant to the provisions of Sections 494 through 495 of the International Revenue Code or corresponding provision of future statute(s). If, in indemnification effected under US article, shall subsequently be determined to result in the imposition of any such penalty tax, then the person thus indemnified shall be agreed to reimburse and shall reimburse the amount involved in such indemnity to CreateND.

ARTICLE VII – DUTIES OF OFFICERS

Section 1

The Chair shall:

preside at all Board of Directors meetings;
appoint committees as Stated in the bylaws with the approval of the BOD endeavoring to enlist members from all areas of the Affiliate;
assist the national organization in executing the national program within North Dakota;
serve as an ex-officio member of all committees, except the Nominating Committee;
perform other duties as deemed necessary by the BOD.

Section 2

The Vice Chair shall:

perform the duties of the Chair in case of the absence or inability of the Chair to serve;
assist the Chair and perform such additional duties as may be delegated by the Chair;
perform other duties as deemed necessary by the BOD.

Section 3

The Secretary shall:

keep a record of all meetings of the BOD;
conduct such correspondence as may be requested by the Chair or BOD;
perform other duties as deemed necessary by the BOD.

Section 4

The Treasurer shall:

receive all monies, make payments authorized by the BOD, and keep an itemized account of all receipts and disbursements;
act as registered agent in the North Dakota Secretary of State office;
coordinate any matters pertaining to finances, including non-profit status and tax information;
submit expenses to the BOD for reimbursement;
Work with the Affiliate Director be the key contact for sponsorships (corporate, in kind, etc.)
perform other duties as deemed necessary by the BOD.

ARTICLE VIII – APPOINTED PERSONNEL

Section 1

The appointed officers shall be: Affiliate Director(s), Affiliate Training Director, Affiliate Tournament Director, Affiliate Tournament Site Director, Archivist-Historian, and Webmaster.
Each appointed officer shall serve a term of one (1) year. He/She may serve succeeding terms upon agreement among the BOD members.
Each appointed person shall attend BOD meetings and be strongly encouraged to attend the Affiliate Tournament.

Section 2

The Affiliate Director(s) shall:

run the creative problem solving program affiliate to the best of his/her/their abilities;
attend national meetings to which he/she is invited, representing CreateND to the best of his/her/their abilities;
submit expenses to the BOD for reimbursement (miscellaneous expenses under $50 may be paid without BOD approval);
lead recruitment of schools and corporate sponsorships
serve as communication liaison between the BOD, Affiliate Schools, and the creative problem solving national governing organization.
receive a stipend between September and May of the fiscal year;
perform other duties at the direction of the BOD.

More than one person may serve as Affiliate Director, splitting duties and stipend by mutual agreement, and approval by the BOD. The BOD will determine the stipend amount [see Article III].

Section 3

The Affiliate Training Director shall:

become certified as a Training Director by the national organization,
hold training(s) throughout the Affiliate for Team Managers and Appraisers;
submit expenses to the BOD for reimbursement (miscellaneous expenses under $50 may be paid without BOD approval);
receive a stipend at the direction of the BOD; and
perform other duties at the direction of the BOD.

The Affiliate Training Director may (but preferably not) be one of the Affiliate Directors. The BOD will determine the stipend amount [see Article III].

Section 4

The Affiliate Tournament Director shall:

run the Affiliate tournament with the aid of the Affiliate Tournament site director and the BOD;
submit expenses to the BOD for reimbursement (miscellaneous expenses under $50 may be paid without BOD approval);;
receive a stipend at the direction of the BOD; and
perform other duties at the direction of the BOD.

The Affiliate Tournament Director may be one of the Affiliate Directors. The BOD will determine the stipend amount [see Article III].

Section 5

The Affiliate Tournament Site Director shall:

assist the Affiliate Tournament Director in preparation and execution of the Affiliate Tournament, acting as liaison between the BOD and the site personnel;
submit expenses to the BOD for reimbursement;
perform other duties at the direction of the BOD.

The Affiliate Tournament Site Director may be one of the Affiliate Directors.

Section 6

The Archivist-Historian shall:

gather, assemble and preserve records and other materials of historical value to CreateND;
compile a written history of CreateND on a yearly basis;
report on the history as directed by the BOD;
prepare a display of historical materials at the Affiliate Tournament;

submit expenses to the BOD for reimbursement;
perform other duties at the direction of the BOD.

Section 7

The Webmaster shall:

maintain the CreateND website at the direction of the AD(s) and BOD;
submit expenses to the BOD for reimbursement;
receive a stipend from CreateND per approval of the BOD;
perform other duties at the direction of the BOD.

ARTICLE IX – STANDING COMMITTEES

One BOD member shall be appointed to serve as chair of each of the standing committees at the beginning of each fiscal year. This BOD member may recruit non-BOD members to assist in the committee’s work.

Section 1 – Tournament Committee led by the Affiliate Tournament Director

The Tournament Committee shall be responsible for:

securing the site of the Affiliate Tournament;
securing volunteers and appraisers for the Affiliate Tournament;
purchasing trophies and other awards for the Affiliate Tournament;
providing entertainment for the end of the tournament day; and
any other tournament preparation at the direction of the AD and BOD.

Section 2 – Sponsorship Committee led by the Affiliate Director

The Sponsorship Committee shall be responsible for:

recruiting the financial assistance of businesses to keep CreateND fiscally sound;
drafting and distributing sponsorship request letter(s) for area businesses;
keeping a record of business contacts;
forwarding any monies received to the CreateND Treasurer;
ensuring that proper recognition of donors is given at the Affiliate Tournament and on the website; and
any other work the BOD directs.

Section 3 – Bylaws Committee

The Bylaws Committee shall review the bylaws on a three (3) year rotation, proposing changes which are requested by BOD members or other interested parties during the previous year. The bylaws changes would be prepared by the committee and presented to the board in the fall of the year.

ARTICLE X – FISCAL YEAR

The fiscal and operating year shall begin on July 1^st and end June 30^th.

ARTICLE XI – PARLIAMENTARY PROCEDURE

The rules contained in the current edition of Robert’s Rules of Order, Newly Revised shall govern the proceedings of CreateND in all cases to which they are applicable and in which they are not inconsistent with these bylaws.

ARTICLE XII – AMENDMENTS

Section 1

Bylaws may be amended by a two-thirds (2/3) affirmative vote of the members present and voting at any meeting, provided notice of such proposed amendments have been given to all current BOD members at least three (3) weeks prior to said BOD meeting.

Section 2

By unanimous vote, a proposed amendment may be presented to a meeting without previous notice. The proposed amendment shall require a three-fourths (3/4) vote for adoption.

Adopted fall, 1998, with major revisions September 2004, and September 2011.

___________________________, CreateND BOD Chair ___________________________CreateND Vice Chair