Required Documents for Compliance
*Please note that both IRS Form 990 postcards and financial audits are not included in this report. They are not included due to the affiliate, namely, NAMI Luzerne/Wyoming County, recently established itself independently from the former NAMI PA as a matter of course, due to the national organization pulling NAMI PA’s state charter.
The IRS recognizes NAMI Luzerne/Wyoming County as an independent organization, starting on or about December 29, 2016. Therefore, there are no past filings available to the affiliate as our former 990 filings are no longer associated with our FEIN #.
All future 990 forms and audited financial statements will be posted on our website as they become available. If any further information regarding same is needed please contact our office at 570-371-3844 in order to maintain transparency we will comply with providing any reasonable information requested by County Council.
BOARD MEMBERS OF NAMI LUZERNE/WYOMING COUNTY
Paul Radzavicz, September 2015 – September 2017
Joseph Fedak, September 2015 – September 2017
Cathy Policare, September 2016 – September 2017*
Emilia Policare, September 2016 – September 2017*
Mark Scirrotto, September 2016 – September 2017*
*these officers were made by appointment. Their appointment will not prohibit from participating in the regularly scheduled election this year
Magen Washilewski, Executive Director
Thomas C. Thomas Building
100 E. Union Street, Suite #6
Wilkes-Barre, PA 18702
The name of the organization shall be the National Alliance on Mental Illness Luzerne/Wyoming County (hereinafter “NAMI LW”).
The organization will be concerned with all Pennsylvania residents with mental illness, with a special emphasis on those persons residing in Luzerne and Wyoming Counties.
NAMI LW shall be recognized as a voting member of NAMI KEYSTONE with five (5) or more individuals in good standing. These members are consumers, families and friends of individuals with mental illness whom are willing to be governed by the bylaws of NAMI LW.
The registered office of NAMI LW shall be maintained in the Commonwealth of Pennsylvania as required by law. The principal place of business of NAMI LW may be, but not need be, the same as the registered office. The address of the registered office may be changed from time to time by the board of directors.
NAMI LW is established under the Pennsylvania Non-profit Corporation Law of 1988, and the purposes for which NAMI LW is organized, and shall be operated, are exclusively charitable, scientific, and educational within the meaning of §501(c) (3) of the Internal Revenue Code of 1985, as amended and, in furtherance of these purposes may not in limitation thereof, NAMI LW may:
(a) organize and assist local support groups, to provide local information and referral services, to conduct community education by serving on local committees and boards, to interact with local professionals, to involve other community groups in the NAMI LW agenda, to work with the local media on matters relating to mental illness, to report on local issues and needs of NAMI LW, to voluntarily engage in fundraising for the NAMI LW, and to engage in advocacy on local, state and federal issues;
(b) promote the interest of persons with mental illness, particularly those who cannot speak for themselves, and provide support and programs on behalf of persons with mental illness and their families;
(c) develop an enlightened and more sympathetic public understanding of the problems of persons with a mental illness and of the public responsibility to them; and
(d) coordinate activities and serve as an information collection and dissemination center for the consumer, individuals, and family members.
NAMI LW embraces the purposes of the National Alliance on Mental Illness (hereinafter referred to as “NAMI NATIONAL”), the headquarters to all NAMI state offices and affiliates.
NAMI LW shall be independent of other agencies and advocacy groups not affiliated with NAMI, and shall not share by-laws or boards of directors with such other groups.
Whenever any NAMI LW action is to be taken by vote of the members, it shall be authorized by a majority of the votes cast at a duly organized meeting of members entitled to vote thereon, except where a different vote is required by law or these bylaws. A voting member is a due paying member, his or her spouse, or anyone whose dues have been otherwise waived by NAMI LW.
Unless otherwise provided in the articles, every member shall be entitled to one vote for such member’s name on the books of NAMI LW. Any consumer, individual, or family member thus defined shall become a voting member upon payment of annual dues in the amount established from time to time by the board of directors of NAMI NATIONAL. Dues shall be collected for NAMI LW, NAMI KEYSTONE and NAMI NATIONAL.
(a) Any consumer, individual, or family member who accepts the purposes of the NAMI LW, will be known as a member upon payment of dues. Such members shall be entitled to all the privileges of membership but may vote only within NAMI LW; a member will also be known as consumer, individual, family member of NAMI KEYSTONE and NAMI NATIONAL. A member who will not be present at the duly called meeting of NAMI LW may assign his/her proxy to the secretary of NAMI LW, in writing with instructions as to how to cast the ballot.
(b) Each consumer, individual, family member in NAMI LW shall be entitled to cast a vote on all questions and elections of NAMI LW and all questions and elections of NAMI KEYSTONE. NAMI LW shall be responsible for casting all votes, including minority votes.
(c) At least one month prior to the annual meeting of NAMI KEYSTONE, the secretary of NAMI KEYSTONE shall inform NAMI LW of the number of votes that the affiliate delegate(s) can cast at the annual meeting, based on paid-up membership. Delegates to the state convention are expected to give a report on that convention at the next support group meeting(s).
(d) The president of the NAMI LW shall certify in writing to the secretary of NAMI KEYSTONE, the name(s) of NAMI LW delegate(s) at least one month before the annual NAMI KEYSTONE meeting. If NAMI LW will have no delegate at the annual meeting, it may assign its proxy to the secretary of NAMI KEYSTONE, in writing, the instructions as to how to cast its ballot.
The NAMI LW consumers, individuals, family members and staff shall not discriminate against any individual, or group or individuals, either within or outside of NAMI, on the basis of race, color, religion, sex, age, national origin or disability in any requirements for membership, or in its policies or actions.
Any member that ceases to meet the requirement of Article III, Section 3, of these bylaws at any time, automatically will have their membership terminated or suspended by a majority vote of the board of directors immediately upon notice to such member, and no further action will be necessary.
Any consumer, individual, or family member that takes any action deemed by the board of directors, or a majority of all of the voting members, to be adverse to NAMI LW, shall be notified in writing that their membership is being terminated and the reasons thereof. Said member may request, in writing, within ten (10) days of the date of said notice, a hearing before the membership at a regular or specially convened meeting to present their views regarding termination of membership. A quorum will be those members present. The membership shall then take a vote in respect to the termination, which shall be final. In the event the member does not request a hearing as described above, termination shall be made automatically effective as of the date of the original notice from the board of directors or by the affiliate.
Any member may resign as a member at any time, provided however, that such resigning member will not be relieved of any obligation for any charges incurred, services or benefits actually rendered contributions, dues, assessments, fees, or other obligations arising under his or her membership contract or otherwise.
Member(s) of NAMI LW may be expelled from NAMI LW for “good cause” upon the affirmative vote of a majority of the votes cast by the members of NAMI LW, excluding any vote cast by the member(s) proposed to be expelled. (Good cause is defined as failure to comply with the bylaws of NAMI LW). Members of NAMI LW acknowledge and agree to be bound by such policy.
Meetings of the members of NAMI LW shall be held at least quarterly and shall include an agenda, minutes, and any pertinent reports.
Special meetings of the members may be called by the board of directors with at least fourteen (14) days’ notice to members and may only consider agenda item(s) for which the meeting has been called. Minutes will be presented at the next formal meeting of NAMI LW.
The NAMI LW meeting held in September, or at least one month prior to the NAMI KEYSTONE annual meeting, shall accomplish the following purposes:
(a) Election of board members. Term of office shall commence upon election;
(b) Receive concise, written annual reports of officers, committees and staff;
(c) Accomplish such other business as may be presented which is not in conflict with these by-laws; and
(d) All meetings of the members shall be called to order and presided over by the president or in the absence of the president by the vice-president.
Members shall pay dues yearly as established by the board of directors of NAMI NATIONAL. Dues are payable starting on January 1st of each year. They are delinquent after June 30th.
The fiscal year shall begin January 1st and end on December 31st.
Board of Directors
The board of directors shall act for NAMI LW between meetings of the membership unless otherwise specified by the bylaws.
The board of directors shall consist of seven (7) elected members. The term of office shall be for two years. The immediate past president shall be a board member in an advisory role with no vote. Each board member shall be a member in good standing of NAMI LW. A member of the board who has three (3) unexcused absences from the board or executive committee meetings in a twelve (12) month period shall be deemed to have resigned. Any member can be removed for good cause by a two-thirds vote of the board excluding the member in question. (Good cause is defined above.)
In the event of a vacancy on the board of directors, the president shall name a person to fill the vacancy of the unexpired term, subject to confirmation by majority vote of the board of directors.
The board of directors shall meet at least quarterly, before each of the regular meetings. Special board meetings may be called by the president or any three (3) board members. Special meetings may only consider agenda item(s) for which the special meeting was called.
No member of the board shall represent or speak for NAMI LW unless authorized by the board.
Except for reimbursement for travel, conferences, and other approved expenses, the receipt of NAMI LW’s funds to NAMI LW’s directors or their families shall be subject to and governed by the NAMI LW’s policy regarding financial conflict of interest.
Directors may participate in board meetings and discussions by telephone or other electronic communication devices as determined by the president/executive committee so long as written, accurate minutes are maintained.
The officers shall be: president, vice-president, treasurer, secretary, and immediate past-president, and their term shall be for two (2) years or until a successor has been qualified. Except for the immediate past-president, who serves ex officio, officers shall be elected from the members of NAMI LW and installed by the board of directors at the September quarterly meeting. Other officers shall be elected at the September meeting.
The officers, collectively, shall form the executive committee which shall exercise all powers of the board of directors between meetings of the body. Written minutes of any meeting (in person or electronic) of the executive committee shall be submitted to members of the board of directors within thirty (30) days for approval at the next meeting of the board and shall be subject to revision by majority vote of the board except where legally binding commitments have been made.
The president shall:
(a) preside at all meetings of NAMI LW, the board of directors
and the executive committee;
(b) be the chief executive, providing general supervision of the affairs of the NAMI LW under the supervision of the board of directors and the executive committee;
(c) be ex officio member of all committees except the board of elections, exercising general supervision over their work;
(d) authenticate by his/her signature, when necessary, all acts, orders and proceedings of NAMI LW;
(e) have such powers and perform such other duties as prescribed in these by-laws as well as those usually associated with the office of president;
(f) act, or shall designate the vice president (unless he/she is unable then designate another board member) to act as liaison between NAMI LW and NAMI KEYSTONE; and
(g) shall become immediate past president with no voting rights upon completion of his/her term.
The vice president shall:
- succeed to the presidency in case of a vacancy in that office;
(b) perform the duties of the president in the president’s absence or
(c) aid the president in the performance of such duties as may be
The secretary shall:
- give timely notice of meetings;
(b) keep an accurate record of the proceedings and business transactions at all meetings of NAMI LW;
(c) within thirty (30) days submit to each member of the board of directors and, upon request, each member, and the minutes of each meeting of the membership, the board of directors, and the executive committee;
(d) be custodian of the records of NAMI LW other than financial and those necessary to the president in the conduct of that office; or
(e) may, with the approval of the board of directors, assign such duties to the staff of NAMI LW, except for those required as an officer.
The treasurer shall:
- receive all revenue;
(b) be responsible for the collection of dues and support payments, sending out notices of payments due by January 1st, issuing receipts and keeping an accurate and complete account of all funds received and disbursed;
(c) deposit all funds in the name of NAMI LW in a bank approved by the board of directors;
(d) sign all checks of NAMI LW in conjunction with such other officer(s) as may be designated by the board of directors;
(e) render a financial statement to the board of directors at each scheduled meeting of the board;
(f) be bonded in an amount determined by the board of directors;
(g) transfer to his/her successor all financial documents;
(h) or may, with the consent of the board of directors assign such duties to the staff of NAMI LW, except for those required as an officer; and
(i) furnish in a timely manner to NAMI KEYSTONE a list of all members and the dues collected on behalf of NAMI KEYSTONE and NAMI NATIONAL.
The immediate past president shall:
- aid the president in the performance of such duties as may be assigned by the president. He/she shall be the eighth (8th) member with no vote on the board of directors.
At least ninety (90) days before the September meeting, the board of directors shall announce the upcoming vacancies of NAMI LW, and will advertise how members can secure nominations to the board and officer vacancies.
All officers, (president, vice-president, secretary and treasurer) shall be elected for a two (2) year term. NAMI LW Members elected to the board of directors will also serve for a two (2) year term. If there are too few candidates to fill vacancies, the board of directors will appoint directors of the board at its reorganization meeting or at this juncture current board members may run for a second term. In the case of any tie votes for officers or board of directors the current board of directors will vote to break the tie.
The board of directors will conduct the election at the September meeting. In elections for directors, voting need not be by ballot, except upon demand made by a member entitled to vote at the election and before voting begins. The candidates receiving the highest votes for each office shall be elected.
Staff may be employed by NAMI LW.
Staff shall exercise such authority and perform such duties as the board of directors may from time to time assign.
The board of directors shall provide for the creation of suitable standing and special committees as needed. The board of directors shall make appointments to such committees. A committee, to the extent provided in the resolution of the board of directors creating it, shall have and may exercise all of the powers and authority of the board of directors, except that a committee shall not have any power or authority as to:
(i) the submission to members of any action requiring the approval of members pursuant to the Nonprofit Corporation Law, as it may hereafter be amended;
(ii) the creation or filling of vacancies in the board of directors;
(iii) the adoption, amendment, or repeal of the bylaws;
(iv) the amendment, adoption, or repeal of any resolution of the board that by its terms is amendable or repeal able only by the board; or
(v) action on matters committed by the bylaws or resolution of the board to another committee of the board.
Unless the board of directors provides otherwise by resolution each committee shall conduct its business and take action in the same manner as the board conducts its business.
For the purposes of conducting a meeting, a quorum must be present; a quorum is established by the following parameters:
(a) for the quarterly membership meetings, twelve (12) voting members are represented;
(b) for the board of directors, a majority of its current membership (excluding the immediate past president) is represented; and
(c) for the executive committee, three (3) members of the committee are present.
Decisions to be reached have to have a quorum.
Resolution of Disputes
Resolution of disputes between members.
The board of directors of NAMI LW shall be invested with authority to mediate disputes. In the event the resolution of the dispute cannot be achieved within forty-five (45) days of a written notice to the board of directors of the existence of a dispute, the dispute, together with the names of persons authorized to act on behalf of the involved parties, shall be referred by NAMI LW to the board of directors of NAMI KEYSTONE for final and binding resolution.
Resolution of disputes between the NAMI LW and other affiliates of NAMI KEYSTONE.
Resolution of disputes between the NAMI LW and other affiliates of NAMI KEYSTONE shall be referred to NAMI KEYSTONE board of directors for final and binding resolution.
Resolution of disputes between NAMI LW and NAMI KEYSTONE.
The president of NAMI KEYSTONE shall receive written notice from the board of directors of NAMI LW who/which are party to the dispute notifying her/him of the existence of the dispute and the names of the persons authorized to act on behalf of NAMI LW. The president of NAMI KEYSTONE or his/her delegate shall investigate the dispute and work with the parties to mediate a resolution. In the event that resolution of dispute cannot be achieved within sixty (60) days from the receipt by the president of written notice of the existence of the dispute, together with the names of the persons authorized to act on behalf of the disputants shall be referred to the board of directors of the NAMI NATIONAL for resolution.
Liability and Indemnification
Personal liability of directors, indemnification and insurance.
- Personal liability of directors. A director of NAMI LW shall not be personally liable for monetary damages for any action taken, or any failure to take any action, unless the director has breached or failed to perform the duties of his/her office under the appropriate Pennsylvania Law and such breach or failure to perform constitutes self-dealing, willful misconduct or recklessness; provided, however, that the foregoing provision shall not eliminate or limit (i) the responsibility of liability of such director pursuant to any criminal statute; or (ii) the liability of a director for the actually and reasonably incurred or paid by such person in connection therewith.
(b) Notwithstanding the forgoing, except as provided in Section 3 below, NAMI LW shall indemnify any such person seeking indemnification in connection with a proceeding (or part thereof) initiated by such person only if such proceeding (or part thereof) was authorized by the board of directors of NAMI LW. Any repeal, modification or adoption of any provision in this Article shall be prospective only, and neither the repeal nor modification of any provision in this Article nor the adoption of any provision inconsistent with this Article shall adversely affect any limitation on the personal liability of a director of the NAMI affiliate existing at the time of such repeal or modification or the adoption of such inconsistent provision.
Mandatory Indemnification of directors and certain other persons.
(a) NAMI LW shall indemnify and hold harmless to the full extent not prohibited by law, as the same exists or may hereinafter be amended, interpreted or implemented (but, in the case of any amendment, only to the extent that such amendment permits the NAMI affiliate to provide broader indemnification rights than are permitted the NAMI affiliate to provide prior to such amendment), each person who was or is made a party, or is threatened to be made a party to, or is otherwise involved in (as a witness or otherwise) any threatened, pending or completed action, suit, or proceeding, whether civil, criminal, administrative or investigative and whether or not by or in the right of NAMI LW or otherwise, (hereinafter a “proceeding”) by reason of the fact that he or she, or a person of whom he or she is the heir, executor, or administrator, is or was a director or officer of NAMI LW or is or was serving at the request of NAMI LW, as a director, officer or trustee of another corporation or of a partnership, joint venture, trust or other enterprise (including without limitation service with respect to employee benefit plans), or where the basis of such proceeding is any alleged action or failure to take any action by such person while acting in an official capacity as a director or officer of NAMI LW while such person is or was serving as a director or officer of NAMI LW against all expenses, liability, and loss including but not limited to attorney’s fees, judgments, fines, or penalties and amounts paid or to be paid in settlement (whether with or without court approval);
(b) Subject to the limitations set forth above concerning proceedings initiated by the person seeking indemnification the right to indemnification conferred in this Section 2 shall be a contract right, and shall include the right to be paid by NAMI LW. The expenses incurred in defending any such proceeding (or part thereof) or in enforcing his or her rights under this Section 2 in advance of the final disposition thereof promptly after receipt by NAMI LW of a request therefore stating in reasonable detail the expenses incurred; provided, however, that to the extent required by law, the payment of such expense incurred by a director of officer of the NAMI affiliate in advance of the final disposition of a proceeding shall be made only upon receipt of an undertaking, by or on behalf of such person, to repay all amount so advanced if and to the extent it shall ultimately be determined by a court that he or she is not entitled to be indemnified by NAMI LW under this Section 2 or otherwise; and
(c) The right to indemnification and advancement of expenses provided herein shall continue as to a person who has ceased to be a director of officer of NAMI LW or to serve in any of the other capacities described herein, and shall insure to the benefit of their heirs, executors and administrators of such persons.
Payment of Indemnification.
If a claim for indemnification under 2 hereof is not paid in full by NAMI LW within thirty (30) days after written claim has been received by NAMI LW the claimant may, at any time thereafter, bring suit against the NAMI affiliate to recover the unpaid amount of the claim and, if successful in whole or part on the merits or otherwise in establishing his or her right to indemnification or to the advancement of expenses, the claimant shall be entitled to be paid also the expense of prosecuting such claim.
Non Exclusivity of Rights.
The right to indemnification and the payment of expenses incurred in defending a proceeding in advance of a final disposition conferred in Section 2 and the right to payment of expenses conferred in Section 3 shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses hereunder may be entitled under any bylaw, agreement, vote of members, vote of directors or otherwise, both as to actions in his/her official capacity and as to actions in any other capacity while holding that office, the NAMI affiliate, having the express authority to enter into such agreements or arrangements as the board of directors deems appropriate for the indemnification of and advancement of expenses to present or future directors and officers, as well as employees, representatives, or agents of NAMI LW in connection with their status with, or services to, or on behalf of, NAMI LW or any other corporation, partnership, joint venture, trust, or other enterprise, including any employee benefit plan for which such person is serving at the request of NAMI LW.
NAMI LW may create a fund of any nature, which may, but need not be, under the control of a trustee, or otherwise secure or insure, in any manner, its indemnification, obligations, including its obligation to advance expenses, whether arising under or pursuant to this Article XIV or otherwise.
NAMI LW may purchase and maintain insurance on behalf of any person who is or was a director or officer or representative of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against such person and incurred by such person in any such capacity, or arising out of his/her status as such, whether or not NAMI LW has liability under the laws of this state.
Modification of Repeal.
Neither the modification, amendment, alteration, or repeal of this Article XIV or any of its provisions nor the adoption of any provision inconsistent with this Article XIV or any of its provisions shall adversely affect the rights of any person subject to indemnification and advancement of expenses existing at the time of such modification, amendment, alteration, or repeal or the adoption of such inconsistent provision.
A current edition of Robert’s Rules of Order shall govern the conduct of business.
Amendments of these bylaws may be proposed by any voting member, or the board, by NAMI KEYSTONE or by NAMI NATIONAL. Proposed amendments shall be submitted in writing to the president not less than thirty (30) days prior to any meeting of the membership. The secretary shall send copies of any proposed amendments to the members and to NAMI KEYSTONE not less than twenty-one (21) days prior to the membership meeting. Proposed revisions shall be presented at the meeting and a two-thirds majority vote is required to amend these bylaws at two (2) consecutive meetings.
These are the current bylaws of the NAMI Luzerne/Wyoming County Affiliate, approved by a two-thirds vote of the certified voting members at a duly constituted meeting held on November 14, 2016.
MISSION STATEMENT & VISION
The families and members of NAMI Luzerne/Wyoming Counties are here to help! We offer understanding to anyone concerned about mental illnesses and the treatment of mental illness.
Mental illnesses are brain disorders that are biologically based medical problems. Untreated, they can cause severe disturbances in thinking, feeling and relating. This results in substantially diminished capacity for dealing with the ordinary demands of life. Mental illness can affect persons of any age and occur in any family. They are not caused by bad parenting and not evidence of weakness of character.
We are dedicated to improving the quality of life for people with mental illness and their families through support, education, and advocacy.
Advocate at the county, state and national levels for non-discriminatory access to quality healthcare, housing, education and employment for people with mental illness.
Educate the public about mental illness.
Work to eliminate the stigma of mental illness.
Advocate for increased funding for research into the causes and treatment of mental illness.
In our envisioned future mental illness will no longer thwart a person’s fulfillment of his or her potential. With early pinpoint diagnoses, interventions and targeted medications and services there is no pervasive disability. Ultimately, we envision a day when prevention or a cure is found.
SIMPLE BUDGET 2017
Salaries/Payroll Fees/Taxes: $54643.68
*PLEASE SEE THE MAIN MENU ON OUR WEBSITE FOR A DEFINED LIST OF ALL SERVICES AND HOW ANYONE CAN PARTICIPATE