Constitution
and Bylaws of
New York State
Association of
Auxiliary Police
Adopted
October 20, 2001
ARTICLE
I NAME
The
name of this organization shall be the New York
State Association of Auxiliary Police, Inc;
hereinafter referred to as the "Association".
This Association is a non-profit corporation,
organized and existing pursuant to the Not-For-Profit
Corporation Law of the State of New York,
and its Certificate of Incorporation has been
filed with the Secretary of State, with the due
consent of the appropriate authorities.
ARTICLE
II PURPOSE AND OBJECTIVE
The
primary purpose and objective of the Association
is to promote and improve the benefits of its
members, promote the understanding and
cooperation between members of the Association
and the professional law enforcement agencies
with whom they interact, and promote the value of
auxiliary police programs to the communities they
serve.
The
secondary purpose and objective of the
Association shall be to set a standard to allow
Auxiliary Units to be organized in
municipalities, many of which may not have such
organizations as of yet, and to assist in
legislation that may need to be set or amended.
The
Association shall have the general powers set
forth in Section 202 of the Not-for-Profit
Corporation Law of the State of New York, and the
powers set forth in this Constitution and Bylaws.
ARTICLE
III MEMBERSHIP
Membership
in this Association shall consist of three (3)
types. First, Active Membership must be a
member of an officially recognized auxiliary
police organization in the State of New York or a
uniformed volunteer member of a law enforcement
agency in the State of New York serving without
compensation. Second, Associate Membership
is open to any person or organization who shares
or supports the Association and its goals. Third,
Honorary Membership is open to those
individuals who are nominated by the
Association's regional committee and approved by
the Association's Executive Board.
To
become a member an individual must execute and
provide to the Association dues in a form
prescribed by the Association upon application
approval. Individuals granted membership in the
Association shall maintain their status as
members in good standing by maintaining their
dues obligation and by upholding this
Constitution and Bylaws.
ARTICLE
IV ELECTION OF EXECUTIVE BOARD OFFICERS
A.
Executive Board
Officers.
The
officers of the Association shall constitute the
Executive Board. The existing Executive Board
Officers shall remain in office until the first
election. The first election for Executive Board
Officers shall take place not more than one (2)
years after a Certification of Incorporation has
been filed with the State of New York. The term
of office thereafter shall be four (4) years for
all Executive Board Officers. Not less than sixty
(60) days prior to the date established for the
election of Executive Board Officers, the
Association shall call upon the membership to
submit nominations for Executive Board Officers
to the Election Committee.
The
Election Committee shall review all nominations
submitted and verify that said nominee(s) are
eligible to run for and hold an Executive Board
office. The Election Committee shall notify all
prospective candidates of their eligibility
status not more than twenty (20) days after the
nomination(s) were received by the Election
Committee. Elections shall be by mail ballot,
members shall have thirty (30) days to return
ballots, and ballots shall be counted immediately
following said thirty (30) day period.
In
order for an Executive Board candidate to be
victorious at an election, he/she must receive a
majority of all votes cast ( 50% +1 vote ) . If
none of the candidate(s) receive a majority of
all votes cast, a second ( runoff ) election will
be conducted within two (2) weeks after the first
election between the two candidates receiving the
most votes in that election.
B.
Eligibility.
Eligibility
to be nominated for and elected to hold office as
an Executive Board officer in the Association
shall be extended to any active member at least
twenty-one (21) years of age who, at the time of
nomination:
- Has
been an active member of the
Association in continuous good
standing for a period of one (1)
consecutive year as of the date
of the election;
- Has
not been otherwise disqualified
under any provisions as set forth
in this Constitution.
- All
the above does not apply at the
creation of the Association until
January 1, 2003.
ARTICLE
V ELECTION OF REGIONAL REPRESENTATIVES
A.
Regional
Representatives.
Elections
for Region Representatives shall be held for each
region of New York State (there are 6 regions
encompassing multiple counties), as soon as
practicable and in any event not more than sixty
(60) days following certification of the
Association, and the term of office for Region
Representatives shall be four (4) years. Except
for the initial election, to be eligible to run
for and hold office as a Regional Rep, one must
be an active member in continuous good standing
for no less than six (6) consecutive months. The
Regional Representative may appoint 1 or more
assistants per county to assist with certain
duties.
In
the event that a vacancy occurs during a Regional
Representatives regular term of office, the
next in command of that Regional Board shall take
over office for the remainder of the regular term.
B.
Officer and Official
Election Procedures.
Elections
for officers and officials of the Association
shall be conducted in accordance with the
following procedures:
1.)
No candidate(s) shall
hold more than one
elected position with the
Association
simultaneously.2.)
The candidate(s)
receiving the highest
number of votes for all
duly established
positions in the
Association shall be
declared the winner (s)
and shall assume that
office at the start of
their term.
3.)
All elections shall be by
secret ballot vote.
4.)
In the event of a tie
vote between two or more,
there will be a run-off
election among those
candidates so affected.
5.)
Write-in candidates shall
not be allowed.
6.)
Absentee ballots will be
accepted in accordance
with directives
established by the
Election Committee and
approved by the Executive
Board.
7.)
Any candidate(s)
nominated for an
Association office must
be and remain an active
member in good standing.
8.)
All elections for
Executive Board Officers
shall be conducted by the
Election Committee.
9.)
The Election Committee
shall recommend and
thereafter shall adopt
procedures for
expeditiously addressing
challenges to the
eligibility of nominees
and/or the election
process.
ARTICLE
VI DUES
The
dues for Active Members shall be Twenty ($20.00)
Dollars per year. Dues for Associate Members
shall be Fifteen ($15.00) Dollars per year. There
shall be no dues for Honorary Members.
ARTICLE
VII THE EXECUTIVE BOARD
A.
Composition.
The
Executive Board shall be the managing body of the
Association and shall consist
of a
President, a Vice-President, a Treasurer,
Secretary, Sergeant at Arms, and 6 Regional
Representatives.
B.
Duties and Powers.
The
Executive Board shall have general supervision
and control over the day to day affairs of the
Association, and for the implementation of
policies adopted by the Executive Board. Except
as otherwise provided in this Constitution and
Bylaws, all decisions of the Executive Board
shall require a vote of the majority of the
Executive Board. Each Executive Board member
shall have one (1) vote. A quorum of the
Executive Board shall be six (6) members.
C.
Meetings.
The
Executive Board shall meet at least once bi-yearly
at the call of the President or by a majority of
the Executive Board, provided however, that all
members of the Executive Board are provided
sufficient notice of said meeting and the
opportunity to attend. The President shall chair
Executive Board meetings. In the absence of the
President, the Vice-President shall be the
chairperson. In the absence of the President and
the Vice-President, the President's designee
shall be the chairperson. The Executive Board
shall designate a meeting during the month of May
each year as the annual meeting of the Executive
Board of the Association.
D.
Attendance at Meetings.
Any
one or more members of the Executive Board or any
committee thereof may participate in a meeting of
the Executive Board or the committee by means of
a conference telephone or similar communications
equipment allowing all persons participating in
the meeting to hear each other at the same time.
Participation by such means shall constitute
presence in person at the meeting.
E.
Action Without Meeting.
Any
action required or permitted to be taken by the
Executive Board or by any committee of the
Executive Board may be taken without a meeting if
all members of the Executive Board or of the
committee consent in writing (or e-mail) to the
adoption of a resolution authorizing the action
and the writing or writings are filed with the
minutes of the proceedings of the Executive Board
or of the Committee.
F.
Vacancies.
In
the event that a vacancy occurs during the
regular term of office of an Executive Board
member, the Executive Board shall call for a
special election to fill the vacancy for the
remainder of the regular term.
G.
Compensation.
The
Association constitutes members of volunteer
organizations, and therefore do not receive a
salary or any other benefits.
H.
Reimbursement of Funds.
The
Treasurer shall reimburse a member of the
Executive Board for expenses incurred during
regular Association dealings.
I.
Agenda.
Prior
to a meeting, The President of the Association
shall issue an agenda for said meeting.
ARTICLE
VIII COMMITTEES
The
Association shall have the following standing
committees:
- Election
Committee.
- Budget
Committee.
3.)
Audit Committee.4.)
Public Relations &
Media Committee.
5.)
Judicial/Ethics Committee.
- Constitution
and Bylaws Committee.
- Political
Action Committee.
- Membership
Committee.
The
purpose of each committee shall be to research,
review, recommend, propose and advise the
Executive Board on matters falling within the
purview of their respective committee. The
committee(s) shall have the right to bring its
recommendations and/or proposals before the
Executive Board for consideration.
A.
Duties and
Responsibilities.
The
duties and responsibilities of each committee
shall be determined by the Executive Board except
as specified in this Constitution and Bylaws.
B.
Term Of Office.
Committee
members shall serve a two (2) year term. There is
no limitation on the number of terms a committee
member may serve, except as specifically provided
in this Constitution and Bylaws.
C.
Committee Composition.
All
committees shall consist of at least seven (7)
members. At least one member of each committee
shall be an Executive Board member. The Executive
Board member selected for each committee shall
allow for volunteers to become part of said
committee.
Each
committee shall designate a chairperson and
recording secretary from among the committee
members except the Finance Committee which shall
be chaired by the Treasurer.
If a
committee member appointed by the Executive Board
is unable to complete his/her term, the Executive
Board shall appoint a new delegate to fill the
vacancy. Should no candidate accept the position,
the committee shall select a member of the
Executive Board to complete the unexpired term of
the vacated position. If the vacated committee
position was appointed by an Executive Board
member, the vacated position shall be filled by
that Executive Board member appointing a
candidate.
D.
Finance Committee.
The
Finance Committee shall have the responsibility,
among other things, to make recommendations to
the Executive Board concerning the dues of
Association personnel, reimbursement of expenses,
and policies and procedures for distribution of
funds to the regions for their operating expenses.
E.
Special Committees.
The
Executive Board may establish additional special
committees as it deems necessary, provided that
special committee(s) shall conform to the
guidelines set forth in this Constitution and
Bylaws.
ARTICLE
IX MEETINGS
A.
Statewide General
Membership Meetings.
Statewide
general membership meetings may be called by the
Executive Board or by a petition filed with the
Executive Board and signed by a minimum of ten (10)
percent of the active membership in good standing.
The President or his/her designee shall chair
such meetings.
The
Executive Board shall determine the date, time
and place for such a meeting in accordance with
stipulations contained herein (if any). The
Secretary shall cause to be made a posting at
each region that notifies the membership of the
date, time, purpose and location of the statewide
general membership meeting. This posting shall be
made no less than thirty (30) days prior to the
date of the general membership meeting taking
place. A statewide general membership
meeting shall not occur within twelve (12) months
of the last statewide general membership meeting.
B.
Regional Meetings.
The
primary purpose of regional meetings is to
disseminate information to the membership,
solicit input on issues affecting the members in
that region, and to resolve disputes that arise
at the region level. The Regional Representative
or his/her designee shall chair all such meetings.
It
shall be the responsibility of the individual
Regional Representative (s) to hold regular
Association meetings for their membership. Such
meetings are to be held no less than one (1) time
per calendar year at times which will provide
full opportunity for members to attend and
provide input concerning region and Association
business.
Votes
taken and decisions made at the region meetings
must be such that their impact does not affect
other Association members in other regions, and
are not contrary to this Constitution and Bylaws,
or rules, regulations, policies, and shall be
deemed null and void if the decisions do not
comply with these requirements.
At
all region meetings ten (10) percent of the
region membership will be required to constitute
a quorum and shall be qualified to transact
business brought before it.
In
the event that a quorum does not exist at a
regional meeting, the membership in attendance
may conduct business, provided however, that all
such business is non-binding upon the region
membership until the following occurs:
1.)
A posting of the business
transacted at the region
meeting shall be made at
that region and shall
include:
a.)
A complete copy of all
motions made at the
meeting; and b.)
The official tally for
each motion.
2.)
Notice of the time, date
and place of the next
region meeting shall be
provided whose first
order of business shall
be the adoption of the
previous meeting minutes.
If
said minutes are adopted by a majority vote of
those members in attendance, those matters so
decided at the previous meeting shall be binding
upon the body, provided however, that they comply
with Association policies, procedures, this
Constitution and Bylaws and applicable law.
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