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BYLAWS
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Bylaws of the
NORTH AMERICAN COLLECTION AGENCY REGULATORY ASSOCIATION
ARTICLE I.
Name
The name of this corporation shall be the North American Collection Agency
Regulatory Association (hereinafter referred to as the "Association").
ARTICLE ll.
Objective and Purposes
Section 1. The primary purpose of the Association shall be to ensure fair
and equitable administration and enforcement of collection regulatory laws
in the several states, districts, territories, possessions, and provinces in
the United States and Canada. The Association shall work to achieve this
purpose by providing its members with opportunities for communication on
regulatory matters, for conducting research and obtaining and exchanging
information on regulatory matters, and for professional improvement. The
Association may also encourage and develop cooperation with all other
organizations with similar objectives.
ARTICLE Ill.
Membership
Section 1. Any state, district, territory, possession, or province of the
United States or Canada, or such other governmental entity which has enacted
a collection license law or other collection regulatory law, shall be
eligible for membership upon payment of the required annual dues and shall
become a MEMBER JURISDICTION.
Section 2. Each member jurisdiction shall be entitled to one vote on any
matter or election coming before an annual conference, a special conference,
or other previously scheduled meeting of the general membership of the
Association.
Section 3. An ACTIVE MEMBER or designated representative of the Association
is any individual who is affiliated with a regulatory agency in a member
jurisdiction which is charged with administering one or more of the laws
cited in Section 1 above. (Amended November, 2001)
Section 4. A person who was previously an active member of the Association
may become an INACTIVE MEMBER upon approval by the Executive Committee and
upon payment of reduced dues established of the Executive Committee.
Inactive members shall not have the right to vote or hold office, but such
inactive members may serve as non-voting members of the Association's
committees. (Amended November, 2001)
Section 5. Former active members who have held office in the Association and
who are no longer engaged in the administration or enforcement of collection
regulatory laws may become HONORARY MEMBERS at the discretion of the
Executive Committee. Honorary members shall be exempt from payment of dues
and may not vote or hold office in the Association. (Amended November,
2001).
Section 6. Whenever an active member or member jurisdiction challenges the
eligibility of another member jurisdiction to vote or to hold membership, or
challenges the eligibility of an applicant for member jurisdiction status to
hold membership, or whenever an active member or member jurisdiction
challenges the eligibility of an active member to hold an office to which
the active member was elected or to participate in the affairs of the
Association as an active member, the Executive Committee shall conduct an
investigation of the eligibility of the member jurisdiction, applicant for
membership, or active member and make a decision on the matter.
ARTICLE IV.
Officers
Section 1. From among its active members, the Association shall elect
annually a President, a Vice President, a Secretary/Treasurer, and two
Directors. (Amended November, 2001)
Section 2. The Vice President shall, when necessary, perform the duties of
the President. (Amended November, 2001)
Section 3. All Officers and Directors of the Association shall be elected
annually at the annual association conference and shall serve from final
adjournment of the annual conference at which they have been elected until
the final adjournment of the next annual conference or until their
successors have been duly elected and qualified.
Section 4. The nomination for each office in the Association shall be made
by a nominating committee appointed by the President; but additional
nominations may be made from the floor by any voting member of the
Association. (Amended November, 2001)
Section 5. The President shall perform the usual duties pertaining to that
office and shall appoint necessary committees. (Amended November, 2001)
Section 6. The Secretary/Treasurer shall keep the minutes of all Association
conferences and meetings of the Executive Committee; conduct official
correspondence of the Association; collect and disburse all monies of the
Association; and collect and preserve all records and materials of the
Association necessary to preserve the history of the Association. The
Secretary/Treasurer shall distribute to each member jurisdiction, not less
than twenty days prior to the opening date of the annual conference, the
Association's financial statements for the previous fiscal year ending June
30 of the current year and the minutes of the association's previous annual
conference. (Amended November, 2001)
Section 7. By action of the Executive Committee, the Association may remove
an Officer or Director for good cause shown, and a substitute may be elected
by the Executive Committee at its next scheduled meeting or any duly
constituted special meeting. Any such proceedings may be initiated by
written petition to the Executive Committee signed by no less than three
members thereof. (Amended November, 2001).
Section 8. If an officer or director loses his or her eligibility for active
membership, or upon the death, resignation, or other legal incapacity of an
Officer or Director, the resulting vacancy shall be filled until the next
general election in the following manner: (1) a vacancy in the office of
President shall be filled by the elevation of the Vice President to the
office of President; (2) a vacancy in the office of Vice President shall not
be filled except by election at the next annual association conference; but
if vacancies occur in the offices of both President and Vice President, the
Directors are authorized to elect from among the active membership of the
Association an Acting President to serve until the next annual conference;
and (3) a vacancy in the office of Secretary/Treasurer shall be filled by
appointment by the President. (Amended November, 2001)
ARTICLE V.
Executive Committee
Section 1. The Executive Committee of this Association shall be composed of
the President, Vice President, Secretary/Treasurer and two Directors.
(Amended November, 2001)
Section 2. The affairs of the Association between annual conferences shall
be administered by the Executive Committee.
Section 3. A meeting of the Executive Committee shall be called at the
discretion of the President. At the written request of any two members of
the Executive Committee, the President shall call a meeting of the Executive
Committee. Three members of the Executive Committee who are present at any
such meeting shall be recognized as a quorum authorized to transact any
business which shall come before such meeting. The Executive Committee may
act by vote of a majority of its members on matters of business arising
between regularly scheduled meetings. The Executive Committee may recommend
to the Association issues on which it feels the Association should express
its views. (Amended November, 2001)
ARTICLE VI.
Dues
Section 1. The minimum dues to be paid by the member jurisdictions shall be
established by the Executive Committee. (Amended November, 2001)
Section 2. Dues shall be payable annually at such times as the Executive
Committee may direct, and non-payment of dues by any member jurisdiction for
a period of one year following an annual conference shall operate to suspend
such member jurisdiction from its voting privileges and to suspend the
active members from such member jurisdiction from holding office in the
Association.
Section 3. The Executive Committee may charge fees for special services.
ARTICLE VII.
Association Meetings and Conferences
Section 1. An annual conference shall be held at such time and place as the
Executive Committee shall select. Special conferences shall be called by the
President upon request of a majority of the members of the Executive
Committee. The Executive Committee shall be responsible for the planning,
budgeting and programming of the annual conferences, which responsibility
shall be carried out by the Vice President. Standing or special committees
may be assigned by the President or the Executive Committee to assist in
this function. (Amended November, 2001)
Section 2. All meetings of the Association shall be open. However, the
chairpersons of standing committees when presiding at committee meetings, or
the President when presiding at meetings of the Executive Committee or of
the annual conference, may close selected meetings to inactive members, to
honorary members, or to guests. Said closing may be ordered only when the
furtherance of the objectives and purposes of the Association as provided in
Article II would, in the opinion of the officer closing such meeting, be
subverted or seriously inhibited by the presence of inactive or honorary
members or guests.
Section 3. Fifty-one percent (51 %) of the member jurisdictions of this
Association who are present at a previously scheduled session of any annual
or special conference of the Association shall be recognized as a quorum
authorized to transact any business of the Association. (Amended November,
2001)
Section 4. Robert's Rules of Order, latest edition, shall be recognized as
the parliamentary authority governing all meeting and conferences when not
in conflict with these Bylaws.
ARTICLE VIII.
Bylaws
Section 1. The Association may promulgate Bylaws which may be amended from
time to time as provided herein. (Amended November, 2001)
Section 2. The Bylaws may be amended at any scheduled session of an annual
conference by an affirmative vote of fifty one percent (51%) of the voting
members present, provided written notice of the proposed amendment is
distributed to each member jurisdiction and, in the case of proposals not
being made by the Bylaws Committee, to the Chair of the Bylaws Committee, at
least twenty days prior to the opening date of said annual conference.
(Amended November, 2001)
Section 3. Any member jurisdiction, active member, or standing committee of
the Association may propose amendments to the Bylaws by giving written
notice as set forth in this Article. Such notice shall include the proposed
amendment setting forth: 1) the Section or Sections proposed to be amended;
2) the proposed amendment (s) in legislative style; and 3) the rationale for
such proposed amendment.
Section 4. At the end of each Section of the Bylaws, the Bylaws Committee
shall identify the year in which the membership voted to adopt or to make
any change to that Section.
ARTICLE IX.
Spokesperson for the Association
No member or person, or group of members or persons, shall represent or
speak for as having the endorsement of the Association, unless consent
hereto has first been given by a majority of the member jurisdictions of the
Association. (Amended November, 2001).
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