ARTICLE I – NAME
This association shall be known as the New York State Professional Process Servers Association, hereinafter referred to as the NYSPPSA.
ARTILCE II – PURPOSE
To Promote and upgrade the process serving industry and its members through the following objectives:
ARTICLE III – MEMBERSHIP
Section 1. Membership in NYSPPSA shall be open to all persons who have been directly or indirectly affiliated with the profession of process serving for a minimum of one year, and be sponsored by a member in good standing with NYSPPSA or NAPPS, or provide a letter of recommendation from a reputable individual or business that have had a working relationship in the legal community. Membership is approved on an individual basis and is not transferable.
Section 2. All applications for membership must be completed in full on a form approved by the association and filled out completely. Each application must be accompanied by one years annual dues plus a non-refundable application fee as prescribed by the Board of Directors. These funds shall be in an escrow account until the application is either approved or rejected.
Section 3. Classes of membership, requirements or membership and the rights and privileges of different classes of membership shall be defined by the Board of Directors.
Section 4. Membership shall not be granted to any person who has been convicted of a felony unless such conviction was officially pardoned or the record of same has been expunged. In addition, membership shall not be granted to any applicant who has had their license, permit or right to serve process revoked by any issuing authority unless said revocation has been pardoned or expunged. Where no official pardon is part of the law, the Board of Directors may shall review the application for membership of an applicant and render a final decision.
Section 5. No person shall be denied membership because of their race, color, religion, sex or ethnic origin.
Section 6. Membership may be suspended by the Board of Directors for violation of these By-Laws, Code of Ethics or Policy Manual pending a hearing pursuant to Policy 4 Section F-3 of the Policy Manual.
Section 7. Termination of membership for unpaid dues shall be effective thirty (30) days past the due date for annual dues.
ARTICLE IV – DUES
Section 1. The annual dues shall be determined by a majority vote of the membership at the annual conference and shall remain in effect until changed.
Section 2. The fiscal year shall be April 1 to March 30 of the following year.
ARTCILE V – ELECTION OF OFFICERS AND DIRECTORS
Section 1. The officers shall consist of the President, 1st Vice President, 2nd Vice President, secretary and treasurer. Terms of each office shall be one year.
Section 2. No member shall be eligible to be an officer or director until they have been a Regular Member for one year.
Section 3. No member shall be eligible for the office of President until the member has served one year as an officer or director.
Section 4. The immediate past president shall serve one year on the Board of Directors.
Section 5. Three (3) directors shall be elected unless the current president is re-elected; in which event four (4) directors shall be elected.
Section 6. All Past Presidents, if not elected as Officer or Director, may sit on the Board of Directors with all voting privileges. This position is in addition to the elected Officers and Directors and is not governed by the following sections, this position is non-compensated.
Section 7. Officers shall be elected by the majority vote of the members present at the annual conference. Directors shall be elected in a single ballot with each member casting one vote for each seat to be filled. Nominees receiving the highest plurality of votes will fill all seats in order of the total voted received. Majority vote shall not be required. No proxies will be allowed.
Section 8. At no time shall more than three (3) officers or directors be from the same outlined United States Federal Districts located in the State of New York (Eastern, Southern, Northern and Western). At no time shall more than two (2) officers be from the same office or agency.
Section 9. Section eight (8) may be excused if there are no members qualified for or interested in the position of an officer or director as outlined.
Section 10. A vacancy in any office or directorship shall be filled by the Board of Directors.
Section 11. Election of officers and directors shall be conducted by the election committee in accordance with the By Laws and Policy Manual. Said election shall be conducted annually at the annual conference.
ARTICLE VI – DUTIES OF OFFICERS
Section 1. The administration and management of the NYSPPSA shall be controlled by the Board of Directors consisting of the officers and directors. They shall have the authority to do any and all things necessary for the administration of the NYSPPSA. Decisions shall be reached by the majority of the Board of Directors present. No proxy voting shall be allowed.
Section 2. The President shall preside at all meetings, shall make all committee appointments that are deemed necessary to run the NYSPPSA and shall submit at the annual conference an annual report describing programs and Board actions.
Section 3. The 1st Vice President shall perform the duties of the office of the President whenever the President is unable to do so.
Section 4. The 2nd Vice President shall perform the duties of the Office of the President whenever the 1st Vice President or President is unable to do so.
Section 5. The secretary shall cause to be recorded the minutes of all Board meetings and annual conferences.
Section 6. The Treasurer shall be responsible for carrying out all fiscal policies and procedures adopted by the Board; shall be responsible for the preparation of financial statements and presentations of these to the Board at each regular board meeting; and shall submit a written report to the annual conference.
Section 7. A petition, signed by signatures representing twenty (20) percent of the total votes eligible to vote at the time in the NYSPPSA requesting the holding of election for the purpose of recalling an member of the Board or any Officer, may be filed at any time with the secretary. If recall is for the Secretary, the petition shall be filed with the President. After verifications of signatures, the President shall certify the petition and immediately direct a ballot be mailed to each member. The ballot shall read as follows.
Shall (Name of Office/Director) Be Recalled?
YES ______________ NO___________
A “yes” vote shall be counted as for the recall and a “no” vote shall be counted as against the recall. Only members in good standing shall be entitled to vote as such election. Such a recall shall require at least two-thirds (2/3) affirmative vote of executed ballots received b y the Secretary or President within fifteen (15) days of the mailing of the ballots. If a recall is successful, the Board shall fill vacancy at its next meeting.
Section 8. The Board shall adopt procedures for the arbitration of grievances. All members are bound by the arbitration and grievance procedures as adopted by the Board.
ARTICLE VII – MEETING
Section 1. An annual conference shall be held. Officers reports, committee reports, election of officers and directors and any new or old business as the membership sees fit will be discussed at the meeting.
Section 2. Board meetings shall be called by the President. In order to transact any business or take any official action at a Board Meeting, a quorum of at least six (6) members of the Board of Directors, including a minimum of at least three (3) elected officers, must be present. A board meeting must be called within thirty (30) days, if requested by any three members of the Board, or if petitioned for by a majority of members. The membership shall be notified of all regular board meetings.
Section 3. Special meetings of the Board may be held by mail, telecommunications or e-mail.
Section 4. Members shall be admitted to all meetings and conferences except executive sessions. Non-members may be admitted to all meetings and conferences unless disapproved by a majority of the members present. Only meetings involving the personal affairs of any individual may be held in executive session.
Section 5. Meetings shall be conducted in accordance with the will of the President and the Board of Directors. If a dispute cannot be settled, the latest Edition of Robert’s Rules of Order shall govern the conduct of the meetings.
ARTICLE VIII – BYLAW AMENDMENTS
Section 1. Proposed bylaw amendments must be submitted to the secretary sixty (60) days prior to the date of the annual conference and published to the membership not less than thirty (30) days prior to the annual conference.
Section 2. The bylaws may be amended or revised by an affirmative two-thirds (2/3) vote of the membership present at the annual conference.
Section 3. Bylaw amendments or revisions may be acted upon only at the time in the conference agenda unless a majority of the membership present at the time agrees to a late time for further action on them.
Section 4. The bylaws may also be amended or revised by a unanimous vote of the Board of Directors.