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Constitution & Bylaws

ARTICLE OF ORGANIZATION & BY-LAWS
MAURY COUNTY TN EMS PROFESSIONALS ASSOCIATION

Preamble
We, the dedicated prehospital healthcare providers and emergency medical service providers, who are employed by or retired from public or private organizations or agencies who are contractually obligated to provide emergency medical-911 service for Maury County, Tennessee, pledge ourselves to improve the general welfare of all employees, their families, and their dependents, and as almost every improvement in the condition of working people has been accomplished by the efforts of organized labor, and in the interest of a higher standard of citizenship, do ordain and establish these articles of organization and by-laws of the Maury County TN EMS Professionals Association.

MISSION STATEMENT
The MAURY COUNTY TN EMS PROFESSIONALS ASSOCIATION, an association of members united by the belief in the dignity and worth of the services provided by EMS professionals and dedicated to improving the lives of EMS professionals and their families. We are emergency medical responders, emergency medical technicians, advanced emergency medical technicians, paramedics, critical care paramedics, flight paramedics and community paramedics. We seek a stronger union to build power for ourselves and to protect the people we serve. We are people of every race, ethnicity, national origin, religion, age, physical ability, gender, gender identity, and sexual orientation and are committed to taking care of the needs of our community and each other.

ARTICLE I

NAME AND OFFICE

SECTION 1.

This association shall be known as the Maury County TN EMS Professionals Association. The association may be known as the MCTEPA, Maury Co TN EMS Professionals or Maury County TN EMS Providers.

SECTION 2.

The association shall maintain its headquarters at the place designated by the board of officers.

ARTICLE II

OBJECTIVES AND PURPOSES

The objectives and purposes of this Maury County TN EMS Professionals Association shall be to benefit its members and improve their conditions by every means, including but not limited to:

A. Securing economic advantages, including better wages, hours, and working conditions, through organizing, collective bargaining, legislative and political action, and the utilization of other lawful means;

B. Organizing and unite present and past working men and women eligible for membership herein;

C. Engaging in all such civic, social, political, legal, economic, cultural, educational, charitable, and other activities, whether on local, national, or international levels, as will advance this association’s standing in the community and in the labor movement and further the interests of this association and its membership, directly or indirectly;

D. Providing benefits and advantages to individual members, officers, and employees

through education, training, access to new technology, health and welfare, and death

benefits;

E. Helping members and other local associations share experiences, pool resources, learn from each other’s best practices, and be accountable to each other;

F. Cooperating with and assisting, by moral, monetary or other means, members and families, whether or not affiliated with this association, or any other groups or organizations, having objectives which are in any way related or similar to those of this association, or which are of a nature beneficial to this association or to its members, directly or indirectly;

G. Strengthening and safeguarding the prehospital healthcare and public safety profession by every lawful means so that it may carry out its purposes, objectives and obligations;

H. Utilizing, in every lawful way, including but not limited to every kind of use, expenditure and investment, the property and funds of this association, in order to achieve its purposes and objectives and perform its obligations, and for such other purposes directly or indirectly furthering the interests of this association and its members.

ARTICLE III

ORGANIZATION

SECTION 1.

The Maury County TN EMS Professionals Association shall be organized as one independent association with no affiliate branches, organizations, units, locations or sites. 

SECTION 2.

The Board of Officers will be established and maintained to conduct and administer the daily business and activities of the association. The Board of Officers shall consist of:

  • President
  • Vice President
  • Secretary & Treasurer
  • Career EMS Member at Large
  • Career/Volunteer Emergency Responder Member at Large

Members are eligible for election to a position if they are a paid member, in good standing with active or retired medical licensure. These officers shall constitute the Board of Officers. The Board of Officers shall establish a quorum, but in no case

shall the quorum be fewer than fifty percent (50%) of the Board. The Board shall

have a Grievance Committee that is appointed by the President with approval of the Board of Officers. Members may not run for or hold more than one (1) Officer position at a time after the completion of the first full election.

SECTION 3.

All officers of a board shall be elected by a plurality vote of the membership participating in the election who are eligible to vote. The election shall be by secret ballot once every two years. Absentee ballots are permitted with advanced notice by the member to the Board of Officers.

SECTION 4.

To be eligible to vote in any election, a member in good standing must be paying dues

before the close of the nomination period.

SECTION 5.

No less than fifteen days prior to an election, notice thereof shall be mailed and/or emailed, where allowed by applicable law, to each member at the member’s last known home address. A reasonable opportunity shall be given for the nomination of candidates and every member in good standing shall be eligible to be a candidate and to hold office and shall have the right to vote for or otherwise support the candidate of their choice, without being subject to penalty, discipline or improper interference or reprisal of any kind by the Board of Officers or by any member thereof. Each member eligible to vote shall be entitled to one vote.

The votes cast shall be counted; the results published separately. The ballots and records pertaining to the election shall be preserved for three (3) years. No monies received by way of dues, assessments, or similar levy, shall be contributed or applied

to promote the candidacy of any person in an election. However, such monies may be utilized for notices, factual statements of issues not involving candidates, and other expenses necessary for the holding of an election.

SECTION 6.

The current Board of Officers shall serve until the installation of their newly-elected successors, which shall occur no later than thirty (30) calendar days after the date of the election.

An office shall be considered vacant upon creation of the office, death, discharge, resignation, or removal of an officer from association. The President shall have the authority to appoint a member to fill any vacancy for the remainder of the term of office. Should the Office of the President be vacant, the Vice President will assume the roll of the President and may appoint a Vice President to fill the vacancy created.

SECTION 7.

The association will hold general membership meetings twice annually at a minimum. Membership meetings may be conducted more frequently as needed to conduct official business. The Board of Officers should provide at least thirty days (30) advance notice of membership meetings. Special meetings may be called for emergency business with seventy-two (72) hour notice.

SECTION 8.

The association’s financial report, including supporting data, shall be presented at every general membership meeting.

SECTION 9.

Records of the association, including: bank statements, financial records, checks, correspondence, grievances, grievance records, notes and minutes of official meetings, shall be maintained for six (6) years from the end of the most recent fiscal year. Election records shall be maintained for three (3) years. All records shall be turned over to the duly elected president or the president’s designee upon succession to office.

ARTICLE IV

THE HANDLING OF GRIEVANCES

SECTION 1.

Grievants, upon receiving written notification via regular or electronic mail from the association’s Grievance Committee that the Committee has determined either to (1) reject the grievance; (2) settle the grievance; or (3) decline to further process the grievance, shall take the following action to protect their rights:

A. Step One – The Grievant shall, within seventy-two (72) hours of notification of the association’s Grievance Committee’s action complained of, notify at least one member of the association’s Grievance Committee, in writing, that the Grievant appeals the Committee’s decision to the Board of Officers.

(a) Such appeal shall set forth a complete narrative as to the facts in support of the

grievance, the decision of the association’s Grievance Committee and whatever documents are reasonably necessary for an understanding of the case.

(b) The Appeal will be decided by a unaffiliated third-party who is familiar with professional association conduct and business and has been designated to act by the

Board of Officers.

(c) The designated third-party reviewer shall schedule and conduct a hearing if

necessary on the Grievant’s Appeal as soon as is administratively possible.

(d) The designated third-party reviewer, at the Board’s sole discretion, may (1) render a decision conducting whatever investigation the Board deems necessary, or (2) decide the matter on the record created by the Association.

(e) The duly designated third-party reviewer may, at any time, (1) request the Association Grievance Committee to take all steps necessary to protect the Grievant’s rights under the Grievance Procedure pending the decision of the third-party reviewer under (d) above, or (2) if the final decision is in favor of the Grievant, such third-party reviewer shall inform the Association to take whatever actions the third-party reviewer deems necessary.

SECTION 3.

Association members who believe their grievances have been improperly handled by the association Grievance Committee shall, without exception, employ the remedies and procedures contained herein. Complainants shall not be entitled to enforce or present their claims against the Association in any court or other administrative body without first exhausting these internal procedures, except where the internal processes of the Association have exceeded a four-month lapse of time. Where the internal processes of the Association have exceeded a four-month lapse of time, the Association or member or officer thereof against whom charges have been brought and disciplinary action taken as a result thereof or who claims to be aggrieved as a result of adverse rulings or decisions rendered may file a complaint (if applicable) with the National Labor Relations Board in accordance with Section 101(a)(4) 1 of the Labor-Management Reporting and Disclosure Act (LMRDA).

ARTICLE V

ELIGIBILITY TO MEMBERSHIP

SECTION 1.

  1. Subject to the provisions of this Article, individuals shall be eligible for membership in this association who are (1) current or retired employees of an EMS agency based or headquartered in Maury County, Tennessee or (2) Employed within another county where the primary management/administration and/or executives are based out of Maury County, Tennessee or (3) Currently on a roster for a volunteer agency within Maury County, Tennessee with a medical license recognized by the Tennessee Department of Health, Office of EMS or (4) Currently employed as a career emergency services responder (fire department, emergency management, law enforcement, emergency communications, etc) within Maury County, Tennessee or (5) a student of an emergency services program in Maury County Tennessee or (6) any person who has a genuine interest in furthering the vision, mission and goals of the association and first responders who may wish to become an auxiliary member to provide additional support to the association.
  2. Full membership privileges, including ability to vote and hold office will be limited to those members who fall into subsection A1-4. Associate membership privileges will be extended to members in subsection A5-6. Associate members may not hold office or vote in elections, but are eligible to participate in and benefit from any other membership activities and benefits.
  3. Have paid all dues and maintains their dues on a current basis with the Association.
  4. A member who fails to pay dues shall lose good standing immediately, but will be notified via electronic mail or USPS correspondence.
  5. Any request for reimbursement for overpayment of dues shall be limited in scope to the current fiscal year.

SECTION 2.

Good standing is defined as continuous, timely payment of all dues owed to the Association. A member shall have the opportunity to maintain good standing status for the purpose of being a candidate for elected office by paying all back dues owed within fifteen (15) days of the close of nomination period. It is the responsibility of the member to maintain good standing.

SECTION 3.

There shall be no discrimination against any member or any applicant for membership by reason of race, ethnicity, creed, color, religion, gender, gender identity, marital status, sexual orientation, national origin, ancestry, age, or disability.

SECTION 4.

No person may become a member of the Association who has, at any time, been found to be guilty of any financial crime, assault, abuse, corruption, sexual offense, stalking or menacing or of any felony. Any member convicted of such, while actively engaged in membership will be subject to immediate separation without notice.

SECTION 5.

A member, upon retirement or separation from employment with federal, state, county, municipal or a political subdivision, government or corporation doing business with the federal, state, county and municipal government, or any other business enterprise, is entitled to become a retired member.

Such retired member can attend local meetings but may neither vote nor hold local office unless the retired member is a full dues paying member in good standing.

SECTION 6.

Associate members are not entitled to hold office or to vote.

SECTION 7.

No person shall use, conspire to use, or threaten to use force or violence to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any member of the Association for the purpose of interfering with or preventing the exercise of any right to

which they are entitled under the pertinent rules, regulations, laws and Executive Orders.

SECTION 9.

The Association prohibits its Board of Officers and members from directly or indirectly through a spouse, minor child, or otherwise, from participating in business or financial interests which conflict with their duty to the Association.

SECTION 10.

A member called to active duty (deployment) in our Armed Services or who may be deployed under local, state or federal emergency management assistance compact (EMAC) shall be considered a member in good standing during such service, but will be expected to pay regular fiscal year dues upon their return from deployment.

ARTICLE VI

GOVERNING BODY

SECTION 1.

The legislative body of the association shall be the Board of Officers. Issues of association business which require vote shall be by majority vote of the duly elected officers in attendance.

SECTION 2.

The association will conduct an annual membership convention in which members will be invited to attend to conduct business and celebrate the accomplishments and achievements of members and the association. In the event of a local or national emergency which renders the holding of a Convention impracticable, the Board of Officers, by a majority vote, may postpone the holding of the Convention until such time as it may become practicable to hold a Convention. The date and location of the Convention will be left to the discretion of the Board of Officers.

SECTION 3.

The President is authorized to appoint, with the approval of the Board of Officers, such committees, and chairpersons thereof, as may be necessary to serve during the Convention.

SECTION 4.

Rules and order of business governing the preceding Convention shall be in force from the opening of any Convention until new rules have been adopted by action of the Association.

SECTION 5.

  1. The President of the Association is the ex officio delegate to all intermediate or national bodies including National Conventions or gatherings, provided the Local President has been elected by secret ballot vote. To further define this section, ex-officio delegates shall be the person elected as association president at least thirty (30) days prior to the any National Convention or gathering.
  • Association Board of Officers or any member in good standing elected by secret ballot also may be voting delegates to intermediate or national bodies including National Conventions.
  • Election of delegates, if necessary, must be conducted by secret ballot. Notice of nominations and elections may be sent via regular or electronic mail to members of the Local Unit at their last known address, not less than fifteen (15) calendar days prior to the election. Notice of nominations and elections may be combined provided that a reasonable time is allowed for nominations. The association secretary shall preserve for one (1) year the ballots and all other records pertaining to the election. Where applicable law allows, election of delegates may be conducted via electronic mail or via internet voting.

ARTICLE VII

REVENUES

SECTION 1.

The financial records of the association shall be kept on a fiscal year basis. The fiscal year shall begin July first (1st) and end on June thirtieth (30th).

SECTION 2.

The revenue of the association shall be derived from membership dues and from such other sources as may be approved and implemented by the Board of Officers.

SECTION 3.

The association may make arrangements with association members and current employers or will sign an agreement with their Agency whereby the Agency will deduct the specified dues and make all payments directly to the association.

SECTION 4.

The dues structure of the association and any division thereof shall not be changed except by a majority vote of the membership.

SECTION 5. Between meetings, the Board of Officers shall have the authority to take such steps it determines are needed to insure that the association shall be able to meet its obligations.

SECTION 6.

  1. The association shall be required to submit bank statements, canceled checks, and any other information as may be requested periodically by the members or other local, state or federal officials. The association shall submit this material to the requestor within thirty (30) days from the date of the request.
  • If the association should fail to comply with Section 6(A) of this Article, the member may file a formal grievance. The association shall not be required to provide the requested information more than twice in any year except under special circumstances of local, state or federal audit/investigation.

SECTION 7.

The association shall maintain a separate bank account for the business of the association and shall not commingle monies with any personal accounts. Bank debit/ATM cards may be requested on accounts and issued to the appropriate Board of Officer members for miscellaneous association needs in lieu of petty cash being kept. All checks drafted by the association exceeding the amount of two hundred and fifty dollars ($250.00) will be signed by two (2) officers of the association.

SECTION 8.

The association shall not directly or indirectly make any loan to any member or employee.

SECTION 9.

  1. Financial records of the association, including check books, bank statements, receipts, invoices, and related correspondence and documents, shall be stored in a locked drawer, cabinet, or other secure area within a dedicated office of the association.
  • Petty cash funds are discouraged. Any petty cash fund utilized by a association shall not exceed the sum of two hundred and fifty dollars ($250.00), from which all expenditures must be properly documented.
  • Financial records shall be maintained for six (6) years from the end of the most recent fiscal year.

SECTION 10.

The Treasurer shall have the authority to direct an audit of the books and financial records of the association to determine its financial status whenever it is deemed advisable.

ARTICLE VIII

BONDING OF OFFICERS AND EMPLOYEESS

SECTION 1.

Officers and any paid employee of the association who handles funds or other property of the association shall be bonded, with a recognized surety company, in accordance with the provisions of Section 502(a) of the Federal Reporting and Disclosure Act of 1959, as amended. The bond of each such person shall be fixed at the beginning of the association’s fiscal year and shall be in an amount not less than ten (10%) percent of the funds handled by such person and their predecessor or predecessors, if any, during the preceding fiscal year of the National Union, but in no case more than $50,000.

SECTION 2.

All officers and paid employees of the association acting lawfully on behalf of the association within the scope of their official duties and employment shall be represented and indemnified from personal financial loss and expense arising out of any claim, demand, suit, or judgment by reason of any act or omission, except for an intentional violation of the civil rights of any person.

ARTICLE IX

DISCIPLINE OF OFFICERS AND MEMBERS

SECTION 1.

  1. Officers or members may be charged with the following:
  2. Violation of any specific provision of this Constitution, or of the By-Laws of the association;
  3. Violation of their professional oath of duty;
  4. Misfeasance, malfeasance, or nonfeasance such that they have breached their professional duty  or responsibility to the association, and/or the members thereof;
  5. Disloyalty or conduct unbecoming a member
  6. Financial malpractice;
  7. Corrupt or unethical practices or racketeering;
  8. Disobedience to the regulations, rules, mandates and decrees of the association;
  9. The wrongful taking or retaining of any money, books, papers or any other property belonging to the association; or the wrongful destruction, mutilation or erasure of any books, records, bills, receipts, vouchers or other property of the association;
  10. The bringing of false charges against a member or officer without good faith or with malicious intent;
  11. Failing to pay his or her proper union membership dues, or failing to remit proper dues from the Local Unit to the National Union;
  12. Discrimination or advocacy of forbidden discrimination against any other member on the basis of race, ethnicity, creed, color, religion, gender, marital status, sexual orientation, national origin, ancestry, age, or disability. If such charges are substantiated in accordance with the procedures established hereafter, such remedial and/or punitive action can be taken as is justified and in the best interest of the association and its members.
  13. Dissolution of the association, may be taken:
  14. Through misfeasance, malfeasance, or nonfeasance fails to meet its duty of fair representation to its members;
  15. Fails to meet its financial obligations to national associations, unions or organizations, or to any other vendor or oblige;
  16. Fails in its duty to its membership;
  17. Fails to preserve and protect its assets, fails to meet its legal obligations, or fails in any other duty such that its obligations to the members.
  18. For the purposes of this document, the following words are defined as follows:
  19. “Misfeasance” – The improper performance of an act(s) which a person is supposed to do.
  20. Malfeasance” – The doing of an act(s) which a person is not supposed to do at all.
  21. “Nonfeasance” – The omission of or failure to perform an act(s) which a person is supposed to do.

SECTION 2.

Charges Brought by Member(s) of the association and determined by the association:

  1. Charges alleging any conduct described in Sections 1 A or B above on the part of any member or officer of the association shall be filed in duplicate with the Secretary of the association, who shall serve a copy thereof on the accused either personally or by registered or certified mail, directed to the last known address of the accused, at least ten (10) days before the hearing upon the charges. The Secretary shall send copy to the President. The charges must specify the events or acts which the charging party believes constitute a basis for charges and must state which subsection(s) of Section 1 of this Article the charging party believes have been violated. If the charges are not specific, the trial body may dismiss the charges either before or at the hearing, but the charging party shall have the right to re-file more detailed charges which comply with this Section. No charges may be filed more than six (6) months after the charging party learned, or could have reasonably learned, of the act or acts which are the basis of the charges.
  2. The Board of Officers shall act as the Trial Body. The accused may appear in person and with witnesses to answer the charges and shall be afforded a full and fair hearing. The person charged may select any member to act as an advocate.
  3. If any portion of the charges is sustained by the evidence, then the trial body shall render such judgment and impose such discipline that it considers just. If the charges are not sustained, they shall be dismissed, and the accused shall be restored to full rights of membership and/or office.
  4. If the charges brought are against a member(s) of the Board of Officers or Trial Body, the person(s) charged shall not sit as a member of that body for the purpose of deliberating on the charges. If this results in an insufficient number of persons to constitute a quorum, the parties shall agree to a method of establishing a fairly constituted panel to determine the sufficiency of the charges and to issue a judgment. If the parties cannot agree, either party may submit the issue to a mediator or third-party evaluator in writing. The third-party evaluator shall determine the method of establishing a fairly constituted panel.
  5. If the accused is unable or unwilling to be present at any hearing provided for herein, a defense may be presented in writing. In default of appearance or defense, the Trial Body shall proceed with the hearing regardless of the absence of the accused.
  6. The Trial Body, after requisite due process has been afforded, may impose such penalty as it deems appropriate and as the case requires.

SECTION 3.

All such funds, including all monies collected for operations, properties, books and assets shall be held in trust by a third-party until such time as such association which has been dissolved or expelled is either reconstituted, recharged or reorganized, at which time such funds, including all monies collected for operations, properties, books, and assets shall be returned to such reconstituted association; provided, however, that if such association is not reconstituted, rechartered or reorganized within a period of two (2) years from the time such funds, including all monies collected for operations, properties, books, and assets are received, such funds, including all monies collected for operations, properties, books, and assets shall be donated to and become the property of the ambulance service providing 9-1-1 services for Maury County, Tennessee.

ARTICLE X

APPEALS

SECTION 1.

Discipline

Any person or body against whom disciplinary action has been taken or whose charges have been dismissed in whole or in part shall have the right to appeal as follows:

  1. Appeal from an association decision. Appeal from an association decision may be taken by either the accused or the member filing the charges from any decision of an association with respect to such charges, provided such decision is a final decision under the terms of the Constitution and By-Laws of the association. Any such appeal must be filed in writing to the Secretary of the association by registered or certified mail, within fifteen (15) calendar days after the decision. An appeal is considered timely if placed in the mail within fifteen (15) calendar days after the decision, as shown by an official postmark of the US Postal Service.No specific form or formality shall be required, except that such appeal shall clearly set forth the decision being appealed and the grounds for the appeal. During the pendency of any appeal, the decision being appealed from shall remain in full force unless it is stayed by third-party evaluator. The National

SECTION 2.

Elections

Any member of the association may use the following procedure to appeal the results of an election for association officers:

  1. Within fifteen (15) calendar days after the tally of ballots has been furnished to the members of the association, any member may file objections to the conduct of the election or conduct affecting the results of the election to the association’s Election Committee or Election Officer. Objections must be made in writing and must contain specific reasons in support thereof.
  2. The Election Committee or Election Officer shall review the appeal and may hold a hearing within fifteen (15) calendar days of receipt of the appeal to take evidence and hear testimony on the appeal. The individual(s) appealing the election shall have an opportunity to appear at the hearing. If no hearing is held, the Election Committee or Election Officer shall issue a decision in writing within thirty (30)-days of the appeal setting forth the determination to uphold the election, or set it aside and order a new election. If a hearing is held, such a decision shall be issued within thirty (30) days of the conclusion of the hearing.
  3. Within fifteen (15) calendar days of receipt of the Election Committee’s or Election Officer’s decision, the individual(s) appealing the election or adversely impacted by the Election Committee’s or Election Officer’ decision on the initial election appeal, may file objections to the decision and/or conduct of the election or conduct affecting results of the election with the membership body and take the issue to a membership vote for hearing.
  4. The membership body may assume jurisdiction of the election appeal. If the appeal is taken to the membership body, the body must convene a committee to hear the appeal and make a decision as to special election or to uphold the election results.

SECTION 3.

Exhaustion of Administrative Remedies

Subject to the provisions of applicable statutes, and except where the internal processes of the association has exceeded a four-month lapse of time, every member or officer thereof against whom charges have been brought and disciplinary action taken as a result thereof or who claims to be aggrieved as a result of adverse rulings or decisions rendered, agrees, as a condition of membership or affiliation and the continuation of membership or affiliation, to exhaust any remedies provided for in the Constitution and By-Laws of the association and further agrees not to file or prosecute any action in any court, tribunal or other agency until those remedies have been exhausted.

Where the internal processes of the association has exceeded a four-month lapse of time, the member or officer thereof against whom charges have been brought and disciplinary action taken as a result thereof or who claims to be aggrieved as a result of adverse rulings or decisions rendered may file a complaint (if applicable) with the National Labor Relations Board in accordance with Section 101(a)(4) 1 of the Labor-Management Reporting and Disclosure Act (LMRDA).

SECTION 3.

The member Bill of Rights and Responsibilities in the association shall be enforced exclusively through the procedures provided in this Article and any decision rendered pursuant to the procedures provided for herein, including any appeals, shall be final and binding on all parties and not subject to judicial review.

SECTION 6.

Grievance appeals are outlined in Article IV of these Constitutions and By-Laws.

ARTICLE XI

NON-LIABILITY OF THE ASSOCIATION

Except as is otherwise specifically provided in this Constitution, no member, or affiliated body, nor any officer, employee, organizer or representative of the association or affiliated body shall be authorized to make contracts or incur liabilities for or in the name of the association unless authorized in writing by the Board of Officers.

ARTICLE XII

AMENDMENTS TO THE CONSTITUTION

SECTION 1.

All proposed resolutions and proposed amendments to the Constitution and By-Laws must be submitted by a member to the Board of Officers at least thirty (30) calendar days prior to the membership meeting except that proposed resolutions and proposed amendments not so submitted may be considered by the members upon unanimous consent of the members present. Four copies of each proposed resolution and amendment should be submitted to the Board of Officers.

The Board of Officers may present proposed resolutions and constitutional amendments

to the membership at any time during the meeting without the requirement of unanimous consent. Amendments and resolutions shall be considered adopted upon majority vote.

SECTION 2.

Amendments by referendum: Any member may prepare and circulate a petition for the

purpose of causing a resolution of association importance or amendment to the Constitution and By-Laws to be brought to a vote of the whole association.

SECTION 3.

Before circulating such a petition by any member, the President shall be notified in writing of such action and furnished with a copy or draft of the proposed question, resolution or amendment.

If such a petition is subscribed to by a majority of signatures of the members as such total majority to represent twenty percent (20%) of the overall membership of the association, the President shall submit such referendum of amendment to the Constitution to a referendum vote as hereinafter prescribed; provided, however, that any meeting of this association may, by motion, submit any resolution or amendment to the entire membership.

SECTION 5.

Such petition shall be filed with the President. The Vice President shall furnish ballots as provided in Section 8 hereof.

SECTION 6.

The proposition and a sample ballot shall be printed in an official Notice at least one month before the mailing of the referendum ballots.

SECTION 7.

The President shall appoint a Referendum Election Committee of four (4) members, two (2) to be on one side of the proposition to be voted and two (2) on the other.

The Referendum Election Committee shall separate the returned ballots according the mailing list for the association by means of the return card, and shall then remove the sealed blank envelope containing the ballot and place it in ballot box. After all such ballots from a association have been so placed in the receptacle they shall be opened and the ballots removed from the envelopes. The Referendum Election Committee shall then proceed to count the ballots. Upon completion of the count the Referendum Election Committee shall certify the results of its count to the President. It shall make a written report showing the number of ballots invalidated and the number of votes cast for each side of the proposition submitted. The results of the Referendum vote shall be published on the association’s public sites and, group newsletters, etc.

SECTION 8.

The Secretary shall mail to each member at the member’s last known address

appearing on the official records of the National Union one (1) ballot, one (1) blank envelope, and one (1) business reply envelope, bearing the return card of the member. The member shall mark the ballot, place it in the return envelope which shall in turn be sealed and enclosed in the business reply envelope. The Secretary shall obtain a post office box to which all ballots shall be returned. The ballots may be withdrawn from the post office box only by two (2) or more members of the Referendum Election Committee. A letter of instructions only shall accompany the ballots mailed to the membership and no circular material, either pro or con, may be included with

the ballot. The letter of instructions shall be prepared by the Referendum Election Committee and signed by two (2) or more of the said Committee but shall contain all of the Committee’s members’ names.

SECTION 9.

Arguments for or against a referendum shall be published on the association’s official website social media, newsletter or other official public site, but not more than two thousand (2,000) words for a side. If more than one argument is submitted, the

editor is required to publish that which is submitted by the member initiating the proposition to be voted on.

SECTION 10.

It shall require a majority vote cast to decide all questions other than amendments to the Constitution which shall require two-thirds (2/3) affirmative vote to carry and decide.

SECTION 11.

No resolution or amendment adopted by a referendum vote of the association membership may be appealed or amended within one (1) year after election.

SECTION 12.

Except as otherwise expressly stated, any amendment to these Constitution and By-Laws shall become effective immediately upon adoption at the close of the meeting at which it was adopted.

Adopted: 05/01/2025