Constitution
of the

PREAMBLE

We, the Kurdish Youth, believe that all nations are equal and are entitled to all rights declared by the Universal Declaration of Human Rights. Some nations have been sacrificed their rights and forcibly live under imbalanced political systems because of the domination of those who govern them. The idea of maintaining involuntary unions at the expense of a nation of people is immoral and illegitimate. We believe that it is an obligation of the Kurdish people in Diaspora to advocate the advancements of equality and democracy in their ancient homeland, Kurdistan. The people of Kurdistan have the natural rights to life and liberty and the elimination of all forms of oppression is overdue.

We are dedicated to the development of the Kurdish youth and the encouragement of their involvement in Kurdish heritage, culture and politics. We are dedicated to creating awareness among young Kurds and to increase interest in their culture. We uphold the responsibility as good citizens and the creation of strong bonds among the youth of all people.

ARTICLE 1 – Name and Purpose

Section 1:

The name of the organization shall be the Kurdish American Youth Organization known as KAYO.

Section 2:

The Kurdish American Youth Organization shall be dedicated to encouraging the involvement of the Kurdish youth in Diaspora with Kurdistan heritage, culture and politics. The KAYO shall serve the following:

1. Represent and serve the interests of the Kurdish youth in North America;
2. Develop programs and supplements to educate Kurdish and non-Kurdish communities of the Kurdish culture and history;
3. Work with existing Kurdish cultural communities in helping preserve the Kurdish culture and history;
4. Create awareness amongst communities for the necessity of improving and protecting human rights in Kurdistan;
5. Coordinate programs aimed at improving living conditions in Kurdistan;
6. Develop relationships with other similar organizations and communities to develop stronger bonds between Kurds and non-Kurds;
7. Introducing the Kurdish cause to non-Kurdish American communities and organizations and to create awareness of the Kurdish issue among people for the need of democracy and human rights in Kurdistan.
8. Provide assistance to young Kurds in North America seeking support from the organization in the fields of education, social services, community development, cultural expression through workshops and other activities.

ARTICLE 2 – Membership

Section 1: Active Membership

- Any person of Kurdish descent who supports the purpose statement in Article 1, Section 2 and has strong moral and ethical character is eligible for membership.
- Any person of non-Kurdish descent who wishes to provide support towards the Kurdish cause, supports the purpose statement in Article 1, Section 2 and has strong moral and ethical character is eligible for membership.
- Continuing membership is contingent upon being up-to-date on membership dues.
- Active members have the right to participate in all events and are entitled to one vote. Members eligible to vote must be 15 years or older.

Section 3: Admission

- Applicant must fill out and sign the necessary application form, and the form must be endorsed by a Board Member. The submitted application signifies the applicant’s acceptance of the KAYO By-Laws.
- If an application is rejected, all fees submitted by the applicant shall be refunded.
- Applicants for honorary membership may only be approved if all Board Members reach a consensus to accept the individual’s application.
- The Board of Directors shall render final judgment on the qualification of applicants and the status of those members who are targeted for disciplinary action.

ARTICLE 3 – Meetings of Members

Section 1:

Annual Meeting – An annual meeting will take place where all members are encouraged to join. The date of the regular annual meeting shall be set by the Board of Directors who shall also set the time and place.

Section 2:

Special Meeting – The President or Vice President, or the majority of the Board of Directors may call special meetings. A special meeting may also be initiated by a petition signed by ten percent or more active members.

Section 3:

Board of Directors Meeting – The Board of Directors are required to meet, at an agreed upon time and place, at least quarterly. Meetings may take place in person or, if agreed upon, by conference call or other equivalent means of communication.

Section 4:

Call Meeting - Call meetings may be called by the president and/or regional directors when all of the membership has been contacted by phone and/or email at least 5 days prior to the date of the call meeting unless otherwise deemed necessary. Meetings may take place in person or, if agreed upon, by conference call or other equivalent means of communication.

Section 5:

Notices - Notices for Annual and Special meetings must be given to members, by mail, no less than two weeks prior to the meeting date.

ARTICLE 4 – Board of Directors

Section 1:

Eligibility – Eligibility for the Board of Directors requires:

1. Candidates must be Active Members of the KAYO in good standing for at least six months;
2. Candidates are encouraged to be Active Members of their communities and of other like-minded Kurdish Organizations that share common goals with KAYO;
3. Any active KAYO member satisfying points (1) and (2) of this Section can nominate self or other active members for election to the Board of Directors.

Section 2:

Specifications

1. The Board of Directors shall consist of at least five members, but no more than eight, and shall be elected directly by KAYO Active members.
2. The term of office for each member shall be two years with an unlimited number of terms.
3. The Board of Directors shall elect an Executive Committee from among its members to manage daily activities of the KAYO.
4. The Board of Directors shall elect a Regional Committee from among its members to lead local activities of the KAYO in each specific region.
5. A Board members absence from three consecutive regular meetings shall signify voluntary resignation of his or her position unless otherwise approved by the Executive Committee.
6. The Board of Directors may initiate a vote in the event of vacancies to fill the post. All members of the Board of Directors are required to vote in this event.

Section 3:

Executive Committee

1. The Executive Committee shall consist of President, Vice President, Secretary, and Treasurer.
2. Members of the Executive Committee are President, Vice President, Secretary, and Treasurer of the Board of Directors and KAYO.
3. The terms of the Executive Committee posts shall be two years with unlimited terms.

Section 4:

Regional Committee

1. The Regional Committee shall consist of one Regional Director, per region or city, where there are active KAYO Members.
2. Any Board Member is eligible for a Regional Committee position.

ARTICLE 5 – Board Member Committee Duties

Section 1: President

- The President or his/her designee shall represent KAYO in meetings and conferences regarding the Kurdish issue.
- The President shall chair and hold executive meetings pertaining to social, economic, political and educational programs or any other subject brought to the attention by any active KAYO member.

Section 2: Vice President

- The Vice President shall assist the President in his daily responsibilities and replace him/her when his post becomes vacant.
- In the absence of the President, the Vice President assumes his/her daily duties.

Section 3: Secretary

- The Secretary shall maintain membership files and other related information.
- The Secretary is responsible for informing all members of upcoming physically-attended meetings at least three months in advanced with mailed notification.
- Secretary shall record minutes of each meeting and keep official records, as well as providing an agenda.
- The Secretary shall be in charge of equipment and supplies.

Section 4: Treasurer

- The Treasurer shall be in charge of all KAYO funds and keep records of all transactions.
- The Treasurer shall be responsible for collecting dues, donations, and funds due and will provide appropriate receipts in exchange.
- Funding for the implementation of activities must be approved by the Board of Directors and will be disbursed by the Treasurer.
- The Treasurer is required to prepare financial reports to present to the Board of Directors when requested by Board Members.
- The Treasurer shall be responsible for keeping records and producing receipts for all donations received as well as filling out a form 990 or 990EZ depending on income, at the end of annual accounting period: November of each year.
- The Treasurer is responsible for transferring the KAYO bank account to a branch accessible to him or her. He or she shall maintain a notebook of monthly statements, deposits, withdrawals and checks issued.

Section 5: Regional Director

- Each Regional Director is in charge of initiating and administering of local activities in his or her assigned region or city.
- Regional Directors must get approval from Executive Committee for all activities.

Section 6: Member Specifications

- Member responsibilities include attending meetings and assisting to accomplish KAYO goals.
- Member privilege includes voting rights and the right to participate in KAYO activities.
- Any member can bring an item of topic to vote excluding amendments, which must follow processes specified in Article 8.

ARTICLE 6 – Code of Ethics

Section 1: Purpose

- Importance to the proper conduct of the KAYO is that its officers be independent and unbiased. KAYO officers shall hold their position for the benefit of KAYO. Each officer is obliged to act with the highest standards of ethics in their official work.
- It is the purpose of this article to protect the integrity of KAYO by restricting any unethical acts.

Section 2: Code of Conduct

- No officer shall allow personal interest to influence a vote.
- No officer of KAYO shall get involved in any private activities or have financial interest where there is a conflict between the private interest and the public interest of KAYO.
- No officer of KAYO shall cover up any evidence or facts leading to a violation of this article.

Section 3: Penalties

- Violation under this article may cause suspension, removal from office, or impeachment.

ARTICLE 7 – Elections

Section 1: Specifications

- The Board of Directors will decide on the number of Board Members to be elected in the upcoming election as per the Specifications provided in Article 5.
- The President shall assign an Election Committee to be in charge of the election process. Members of the Election Committee cannot run in the current election.
- Elections shall take place at the KAYO Annual Meetings at the end of the officials’ terms.
- The Election Committee shall distribute ballots at least three months prior to elections to each voting member.
- The Election Committee shall distribute a list of names with specified qualifications of each candidate to each voting member. This may be provided on day of election unless requested to be received two months in advance by any voting member.
- A voting member may send an absentee ballot to the KAYO Board to be delivered by the Election Committee in the case where that member is unable to attend.

Section 2: Procedure

- All voting members who did not cast absentee ballots may vote on the day of the election.
- Absentee ballots will remain sealed until Election Committee begins vote counting process.
- The Election Committee shall count votes and announce results on the same day of the election.
- In the case of a tie between two candidates, the other elected Board Members will hold a second vote for those tied candidates.

ARTICLE 8 – Amendments

Section 1:

- The By Laws may be amended by a two-thirds majority of the Board of Directors.
- Proposed amendments must be submitted to the Secretary to be sent out with regular Board announcements.
- Amendments must be submitted no less than two months prior to an Annual Meeting.

Section 2:

- By laws to this constitution may be enacted by a simple way or vote to implement operating guidelines and detail regarding:

1) Additional and detailed information on officer duties;
2) Statements concerning; a) standing committees and their duties; b) obligations of members.
3) Order of business agenda;
4) Parliamentary authority;
5) Elections rules and procedures.

ARTICLE 9 – Finance

The following sources will be considered to finance KAYO activities in compliance with the objectives of the organization outlined in the Bylaws of the KAYO:

A. Membership dues
B. Donations
C. Grants
D. Gifts/Endowments
E. Other legitimate resources

A. Annual Membership Dues

1. All members must pay the annual membership dues in an amount specified by the Board of Directors.
2. Annual dues shall be paid at least 4 weeks prior to the Annual meeting.
3. Any member whose dues and assessments are in arrears for a period of one year shall have his/her membership suspended. He/she may reapply for membership provided that all unpaid dues and assessments are fully paid.

B. Disbursement of Funds by the Board of Directors

1. The annual KAYO budget shall be approved by the Board of Directors.
2. Disbursement of funds shall be in line with the objectives set in the Article-1 and the Bylaws of the KAYO.
3. All expenditures exceeding two hundred dollars shall be approved by the Executive Committee.
4. The Congress shall maintain detailed records of financial transactions, including invoices and receipts, for the purpose of preparing year-end financial reports.

ARTICLE 10 – Conflict of Interest Policy

Section 1: Duty to Disclose

- In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement.

Section 2: Determining Whether a Conflict of Interest Exists

- After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of inter exists.

Section 3: Procedures for Addressing the Conflict of Interest

a. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
b. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
c. After exercising due diligence, the governing board or committee shall determine whether KAYO can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
d. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the KAYO’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.

Section 4: Violations of the Conflicts of Interest Policy

a. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
b. If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

ARTICLE 11 – Advisory Board

Section 1: Specifications - The KAYO Advisory Board shall serve as a source of assistance and information and as an advisory body for the KAYO Board of Directors.

1. The Advisory Board serves only as an advisory body and/or may provide assistance to the organization’s projects.
2. Members of the Advisory Board are not allowed to vote in organizational elections or vote for amendments.
3. Continuing membership in the Advisory Board is contingent upon being up-to-date on membership dues.
4. Board of Directors are encouraged to seek Advisory Board help especially in cases of disputes and/or possibilities of receiving significant help from the advisors for a project or task.
5. All other specifications for admission are specified in Article 2 – Section 3 of the KAYO By Laws.

Section 2: Eligibility – Eligibility for the Advisory Board requires:

1. Candidate must have provided assistance to KAYO in one or more projects in the previous year in order to be deemed eligible for the selection process specified in Section 3 of this article;
2. Retired members of the Board of Directors who have served one or more full terms are automatically eligible for the selection process specified in Section 3 of this article.

Section 3: Selection – Nomination and election process of the Advisory Board is as follows:

1. The Advisory Board shall consist of no more than 5 members, and shall be nominated and elected by members of the Board of Directors during an annual appointed election date.
2. The term of office for each member of the Advisory Board shall be one year with an unlimited number of terms.
3. The Board of Directors shall reevaluate current Advisory Board members and shall choose whether or not to nominate current members again, and/or may also nominate new candidates. Advisory Board candidates will be notified by the Board of Directors if they are nominated again.
4. All members of the Board of Directors must be notified of Advisory Board nominations by the Secretary one month prior to the annual appointed election date.
5. The Board of Directors may initiate a vote in the event of vacancies when deemed appropriate by all members of the Board of Directors.
6. All members of the Board of Directors are required to vote in this event.

Section 4: Advisory Board Meeting – The Board of Directors are required to meet with the Advisory Board at an agreed upon time and place, at least biannually; Meetings may take place in person or, if agreed upon, by conference call or other equivalent means of communication.