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BPMIA By-LawsBERGEN-PASSAIC MUNICIPAL INSPECTORS ASSOCIATION INCORPORATED Constitution and By-laws Table of contents ARTICLE I - NAME AND SCOPE.. SECTION 1: Name SECTION 2: Areas Represented. SECTION 3: Management and Supervision. SECTION 4: Misrepresentation ARTICLE II- PURPOSES AND METHODS OF ATTAINMENT. SECTION 1: Purposes SECTION 2: Use of Funds ARTICLE III - MEETINGS. SECTION 1: General. SECTION 2: Meeting Notices SECTION 3: Mailing Address. ARTICLE IV - MEMBERSHIP. SECTION 1: General SECTION 2: Active Members SECTION 3: Associate Members. SECTION 4: Life Members. SECTION 5: Honorary Members. SECTION 6: Members in Good Standing. ARTICLE V - VOTING RIGHTS. SECTION 1: Right to Vote. SECTION 2: Paid in Full. SECTION 3: New Members. ARTICLE VI - DUES. SECTION 1: Members Dues. SECTION 2: When Payable. SECTION 3: Default. ARTICLE VII - OFFICERS. SECTION 1: Officers’ Terms of Office. SECTION 2: President. SECTION 3: Vice President. SECTION 4: Secretary. SECTION 5: Treasurer. SECTION 6: Sergeant-At-Arms. SECTION 7: Removal From Office. SECTION 8: Unexpired Terms. SECTION 9: Absenteeism. ARTICLE VIII - BOARD OF DIRECTORS. SECTION 1: Board Membership. SECTION 2: Chairperson of the Board. SECTION 3: Directors’ Terms of Office. SECTION 4: Board Quorum. SECTION 5: Regional Representative. ARTICLE IX - COMMITTEES. SECTION 1: By-Laws Committee. SECTION 2: Nominating Committee. SECTION 3: Election Committee. SECTION 4: Ethics Committee. SECTION 5 Audit Committee. SECTION 6: Scholarship Committee. SECTION 7: Awards Committee. ARTICLE X - BY-LAWS. SECTION 1: Effective date. SECTION 2: Amendments. ARTICLE XI - SCHOLARSHIP FUND. SECTION 1: Creation of Fund. SECTION 2: Purpose. SECTION 3: Eligibility. SECTION 4: Finances . ARTICLE XII - CODE OF ETHICS. BERGEN-PASSAIC MUNICIPAL INSPECTORS ASSOCIATION INCORPORATED CONSTITUTION AND BY-LAWSARTICLE I - NAME AND SCOPESECTION 1: NAME The SECTION 2: AREAS REPRESENTED The Association shall primarily represent the interests of Municipal Code Enforcement Officials and other persons in related fields in the area covered by the counties of SECTION 3: MANAGEMENT AND SUPERVISION The active management and general supervision of the affairs of the Association, consistent with the expressed wishes of the membership, shall be entrusted to the Board of Directors, hereinafter referred to as the Board. SECTION 4: misrepresentation No member shall in anyway use the Bergen Passaic Municipal Inspectors Association, Incorporated., in either written or oral form, for the purposes of personal advertisement, solicitation, or procurement for business purposes, or to obtain favorable disposition.ARTICLE II- PURPOSES AND METHODS OF ATTAINMENTSECTION 1: PURPOSESThe purposes of the Association are as follows:A) To disseminate information to its membership to enable them to better interpret and enforce the Uniform Construction Code of the State of New Jersey, and to better perform their duties as Municipal Code Enforcement Officials in their respective localities. B) To inform its members of new procedures of code enforcement, amendments to the adopted subcodes, new methods of construction, and the use of new products or materials available to the building industry. C) To elevate the position of Municipal Code Enforcement Officials to a level commensurate with the responsibilities and obligations placed upon them. D) To maintain good fellowship and mutual understanding among its members, and to foster cooperation between the membership and others directly or indirectly connected with the building industry. E) To educate the general public in matters of Code Enforcement regulations and standards for buildings. F) To raise funds, by conducting raffles and by other means, to be used to support purposes as authorized by NJ Statute, Title 15A:9-4, New Jersey Nonprofit Corporation Act, which shall include educational, charitable, and public-spirited purposes, benefiting an indefinite number of persons. SECTION 2: USE OF FUNDSA) No part of the net earnings of the Association shall inure to the benefit of, or be distributed to, its members, Directors, Officers, or other private persons, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered, and to make payments and distributions in furtherance of the purposes set forth in this article II. No part of the activities of the Association shall include any attempt to influence proposed legislation, and the Association shall not participate in, or intervene in, (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provisions of this document, the Association shall only carry on activities permitted by an organization:1. exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code; or 2. Contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code. B) Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the Association is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. ARTICLE III - MEETINGSSECTION 1: GENERAL General membership meetings of this Association shall be held nine (9) months during the calendar year. The meetings will be on the first Wednesday of February, March, SECTION 2: MEETING NOTICES All required notices to be sent to any member may be sent by mail, prepaid, directed to him or her at his or her residence or place of business, and such mailing shall be presumptive evidence of service thereof.SECTION 3: MAILING ADDRESS The organization's official mailing address shall be that of the Treasurer.ARTICLE IV - MEMBERSHIPSECTION 1: GENERAL Membership is open to municipal code enforcement officials and other persons in related fields in the area covered by SECTION 2: ACTIVE MEMBERS Active Members shall include Municipal Code Enforcement Officials licensed by the State of SECTION 3: ASSOCIATE MEMBERS Associate Members shall include other public officials and former public officials who are not engaged in the enforcement, administration, or formulation of laws or ordinances relating to buildings and structures, and representatives of the building industry, as well as those who are engaged in business of a professional nature related to buildings and structures. An Associate Member shall have no voting rights.SECTION 4: LIFE MEMBERS Life Members shall be restricted to individuals licensed by the State of New Jersey recognized under the Uniform Construction Code, who have held a position of Code Enforcement Officer in Municipal Building Departments or State Agencies enforcing State building regulations for a period of at least ten (10) years, and who shall have been active members in good standing of this Association for at least ten (10) years at the time of retirement or release, and have shown substantial benefit to the Association in the opinion of the Board of Directors. (Retirement or release as used here shall mean a code Enforcement Officer who is no longer active on a full time basis in code enforcement.) Life Membership shall be awarded after presentation to the membership of the Association by the Board of Directors, and approved by a two thirds (2/3) vote of the active members present at any regular or special meeting of the Association. Such Life Members shall retain the rights and privileges of their previous class of membership, and shall be exempt from the payment of annual dues.SECTION 5: HONORARY MEMBERS Honorary Member shall be a title bestowed upon a person who has rendered outstanding service in the furtherance of the purposes and objectives of this Association. Honorary membership shall be awarded after presentation to the membership of the Association by the Board of Directors, and approved by a two thirds (2/3) vote of the active members present at any regular or special meeting of the Association. Such Honorary member shall be exempt from the payment of annual dues after being so named. An Honorary Member shall have no voting rights.SECTION 6: MEMBERS IN GOOD STANDING A) Members in good standing shall be any member recognized by this Article IV that meets all of the following criteria:1. : Has dues paid for the current year. 2. : Has demonstrated a substantial benefit to the Association. 3. : Is not currently under reprimand By the Ethics Committee. ARTICLE V - VOTING RIGHTSSECTION 1: RIGHT TO VOTE Both Active and Life Members in good standing of the Association shall have the right to vote at a general meeting. Active members no longer working in Code Enforcement may continue as Associate Members, but shall no longer be eligible to vote unless exempted in Article IV, Section 2. SECTION 2: PAID IN FULL Only Active Members, whose dues shall have been paid in full prior to the start of the regular September meeting, and Life Members, shall have the right to vote in the election of Officers and Directors. SECTION 3: NEW MEMBERS New members that join the Association after the start of the regular September meeting shall not be eligible to vote in the election of Officers or Directors in that year.ARTICLE VI - DUESSECTION 1: MEMBERS DUES The annual dues for each class of membership shall be as follows:1. Active Member $50.00 per year 2. Associate Member $50.00 per year SECTION 2: WHEN PAYABLE Dues shall be payable prior to the start of the regular September meeting.SECTION 3: DEFAULT Any member, who defaults in the payment of dues in the time prescribed, shall forfeit his or her membership rights and privileges enjoyed by members in good standing of the Association. Dues unpaid for a period of one year or more shall constitute a break in membership, and when paid after a break in membership of one year or longer, a new start date of membership shall commence.ARTICLE VII- OFFICERS SECTION 1: OFFICERS’ TERMS OF OFFICE The Officers of this Association shall be: President, Vice President, Secretary and Treasurer. Each shall be an active member in good standing of the Association, hold a Technical License from the State of New Jersey Department of Community Affairs Uniform Construction Code Enforcement Program and have served at least one term on the Board of Directors. A duly appointed Nominating Committee shall submit nominations to the membership. The newly elected officers shall assume their respective duties on January 1st of each year. The Officers shall hold rank in descending order as named above. The President and Vice President shall be elected for a term of one (1) year. The President cannot be re-elected for more than two (2) consecutive one (1) year terms. He or she cannot be considered for re-election to said office for a period of three (3) years. The Vice President shall run for re-election to that office only when the President is nominated for a second term. The Secretary shall be elected for a term of one (1) year and the Treasurer shall be elected for a term of two (2) years but can be re-elected for indefinite successive terms. All Officers shall hold office until their duly elected successors are installed. Retiring officers are bound, by the by-laws, to submit all records, data, and pertinent information of the Association to their successors following the election of said successors.SECTION 2: PRESIDENT The President shall be the principal presiding officer of the Association. He or she shall appoint members to committees (including the Nominating and Resolutions Committees), designating the Chairperson of these committees. He or she shall call the time and place of meetings of the Board as may be necessary to transact the business of the Association. He or she shall be the final authority on any matter of detailed business that requires approval, which is not inconsistent with the general policies established by the Board. He or she shall serve as the Chairperson of the Board in the absence of the Chairperson. He or she shall perform such other duties as may be required of him or her by the Association, by the Board or by these by-laws.SECTION 3: VICE PRESIDENT The Vice President shall perform the duties of the President during the latter's absence, disability, or when otherwise called upon by the President. He or she shall keep himself or herself fully informed of the business of the Association at all times so that he or she will be able to assume the duties of President with little or no advance notice. He or she shall perform such other duties as may be required of him or her by the Association, the President, or by these by-laws. He or she shall be responsible for listing and knowing the location of the organization's property.SECTION 4: Secretary The Secretary of the Association shall prepare the minutes and records of all meetings of the Association, including meetings of the Board. He or she shall prepare all correspondence of the Association as may be directed. He or she shall conduct his or her affairs in accordance with the provisions of these by-laws and in accordance with good practice. He or she shall perform such other duties as may be required of him or her by the Association, the President, the Board, or by these by-laws.SECTION 5: Treasurer The Treasurer of the Association shall receive and administer the funds of the Association and shall arrange for the disbursement of funds in payment of all legally contracted debts of the Association. His or her conduct shall be in accordance with the provisions of these by-laws and in accordance with accepted good practice. At an appropriate time, he or she shall transfer such records of the Association to his or her successor. He or she shall perform such other duties as may be required of him or her by the Association, the President, the Board, or by these by-laws. There shall be a yearly audit of the Association's assets by a three-person auditing committee appointed by the President. The audit report shall be presented at the regular SECTION 6: Sergeant-At-Arms The President shall appoint a Sergeant-At-Arms. He or she shall perform such duties as to maintain order during meetings and while voting is taking place. He or she shall perform such other duties as may be required of him or her by the Association, the Board, or the President. He or she shall be a member of the Board of Directors, with no voting powers.SECTION 7: REMOVAL FROM OFFICE Any Officer or Director may be removed from office during his or her term by a two-thirds (2/3) vote of the entire Board at a regular scheduled meeting of the Board. Absentee ballots will not be permitted. The effective date of removal shall be fifteen (15) days following the date of the meeting. The Secretary shall inform the affected Officer or Director by certified mail, that his or her services are terminated, and the effective date of such termination. SECTION 8: UNEXPIRED TERMS An unexpired term in any office shall be filled by an appointment recommended by the President and approved by the Board of Directors for the remainder of the unexpired term.SECTION 9: ABSENTEEISM Absenteeism by any Officer or Director, for three (3) consecutive regular meetings, or three (3) consecutive Board meetings, shall be cause for removal from office, after a hearing by the Board of Directors. ARTICLE VIII - BOARD OF DIRECTORSSECTION 1: BOARD MEMBERSHIP The Board of Directors shall consist of twelve (12) active or Life Members in good standing of the Association, who shall have been Association members for a minimum of two consecutive years, bearing the following identities: Chairperson of the Board, President, Vice President, Secretary, Treasurer, Six (6) Directors, Sergeant-at-Arms.SECTION 2: CHAIRPERSON OF THE BOARD The immediate past President shall be the Chairperson of the Board of Directors upon completing his or her term as President. The Chairperson shall be the presiding Officer at the meetings of the Board and shall be eligible to vote. The Chairperson of the Board of Directors must yield to the immediate past President at the expiration of the President's term.SECTION 3: DIRECTORS’ TERMS OF OFFICE There shall be six (6) Life or active members in good standing of the Association holding positions as Directors. Each Director shall be elected to a three (3) year term with terms staggered so there shall not be more than two (2) Directors elected to office for a full term in each calendar year. An effort shall be made to nominate and elect Directors so that the two counties, which comprise this Association, will be equally represented. Directors may be removed from office before the expiration of their term by the procedures set forth for removal in Article VII, Section 7 of these By-Laws. The President, with the approval of the Board of Directors, may fill any vacancy in the position of Director for the remainder of the unexpired term. Directors may succeed themselves in office. The newly elected Directors shall assume the duties of their positions in the same manner as prescribed for Officers of the Association. Directors shall maintain their positions until their duly elected successors are installed. Each Director shall not serve for more than two consecutive full terms. SECTION 4: BOARD QUORUM Unless otherwise stipulated by these by-laws, all decisions of the Board shall require a simple majority vote by those members of the Board who are present at any regular Board meeting, the time and place of which had been previously announced to all Board members. Board meetings shall be held at the call of the President or at the call of at least four (4) members of the Board other than the President. A quorum at such meetings shall consist of at least seven Board members.SECTION 5: REGIONAL REPRESENTATIVE The Regional Representative to the Building Officials Association of New Jersey from this organization shall be the immediate past President and shall serve for a period of two years. In the event he or she cannot serve, the President shall appoint a Regional Representative. The appointee shall be an Active or Life Member and must be a past President of this Association.ARTICLE IX - COMMITTEESSECTION 1: By-Laws Committee Each year the President, with the approval of the Board, shall appoint a By-Laws Committee to study and evaluate the By-Laws of the Association and recommend to the Board of Directors, changes to the Constitution and By-Laws. SECTION 2: Nominating Committee The President, with the approval of the Board, shall annually, by the February meeting, appoint a Nominating Committee consisting of three (3) members. The immediate past President shall serve as an The Nominating Committee shall call for letters of intent to be submitted by the Additional nominations will be taken from the floor at the regular October meeting, after which no further nominations will be taken. Any Life or active member in good standing may be nominated from the floor. The names of those members nominated from the floor will be placed on the ballot. The election of Officers and Directors shall be held at the regular November meeting, the process of which shall be conducted by the Chairperson of the Board of Directors. A majority of all votes cast shall be necessary to determine the election of any Officer or Director so nominated. SECTION 3: Election Committee Prior to the start of the September meeting, the President, with the approval of the Board, shall appoint four (4) persons to an election committee. The duties of the Election Committee shall be to supervise all necessary activities to insure an orderly election. SECTION 4: Ethics Committee An ethics Committee shall be appointed each year by the incoming President and with the approval of the Board, with powers to review ethical questions raised by the Association and members individually. The Committee may make to the Board of Directors, recommendations as to reprimand and/or removal of any affected member, from the membership roll of this Association, pursuant to Article VII Section 7. The manner of removal is the same as it applies to Officers and Directors. The Committee shall consist of five (5) members who shall be appointed by the President. Two members shall be from the Board of Directors and shall act as Chairman and Co-Chairman. Three members shall be from the general membership. Each appointment shall be for a term of one year.. SECTION 5: Audit Committee There shall be an Audit Committee which consists of three (3) members appointed by the President who, with the cooperation of the Treasurer, shall prepare an audit report to be presented at the regular SECTION 6: Scholarship Committee The President shall annually, by the February meeting, appoint a Scholarship Committee consisting of five members; at least one of which shall be a member of the Board of Directors. The purpose of the Scholarship Committee is to review applications for tuition assistance, and to make recommendations to the Board of Directors for the award of scholarships as set forth in Article XI. SECTION 7: Awards Committee The President shall appoint an Awards Committee which shall consist of three (3) members and shall each be responsible for the presentation of awards. The following awards shall be presented to:A) Outgoing President (10x12 plaque with gavel) B) Outgoing Board members (7x9) plaque C) Inspector of the Year (when warranted) (10x12 plaque) Must be a member in good standing of the Association and have the unanimous vote of the committee and the approval of the Board. D) Any other awards deemed appropriate. ARTICLE X - BY-LAWS SECTION 1: Effective date This Constitution and By-Laws shall take effect on the first day of the month following the date of adoption by at least two-thirds (2/3) of the voting membership present at a regular scheduled Association Membership meeting. SECTION 2: Amendments Any voting member may propose Amendments to this Constitution and By-Laws to the Board of Directors. Any member of the Board may also submit proposed amendments at any regular meeting of the Board. All such requests for amendments shall be transmitted in quadruplicate to the Secretary, who shall transmit a copy of it immediately to the President, the Chairperson of the Board, and the Chairperson of the By-Laws Committee. The Board shall consider all such amendments so submitted. Those amendments, with modifications as may be necessary, shall require an affirmative two-thirds (2/3) vote of the Board members present at a meeting of the Board before being placed in writing before the general membership at the next regular scheduled Association Membership meeting for a first reading. Any approved amendments shall become effective on the first day of the month following adoption by at least a two-thirds (2/3) affirmative vote of the membership present at the next regular monthly meeting. ARTICLE XI - SCHOLARSHIP FUND SECTION 1: CREATION OF FUND The BPMIA Scholarship Fund, shall also be known as (names of past presidents) SCHOLARSHIP FUND, and is hereby established. The name of the scholarship award will be that of past Presidents of BPMIA, starting with the first past President. SECTION 2: PURPOSE The purpose of the fund shall be to provide financial assistance to students pursuing an education in a two or four year college. SECTION 3: ELIGIBILITY The applicant must be an immediate family member, (son, daughter or grandchild) of a member in good standing who is pursuing or wishes to pursue courses of study beyond High School. Undergraduate courses directly connected to Code Enforcement shall receive first preference when being considered for a scholarship by the committee. SECTION 4: FINANCES The Fund shall receive, after all obligations have been satisfied and proper contingencies established or embellished, all surplus monies realized from the golf outing and other fundraisers. The funds shall be deposited in the existing money market fund or other interest bearing account separate from the general account. The Fund shall be eligible to receive gifts, endowments, bequests, gratuities, etc. from whatever source for the furtherance of the intentions of the Association. The amount awarded to each applicant attending College and selected by the committee shall be, $ 2,000.00, and be further limited to a one time award per applicant. There shall be a maximum of two (2) $ 2,000.00 scholarships awarded annually. All necessary expenses for the operation of the Fund shall be legitimate charges subject to the approval of the Board of Directors of Bergen Passaic Municipal Inspectors Association. The Chairman of the Fund may institute and recommend with the advice and consent of the Board of Directors, fund raising enterprises the net result of which shall be deposited to the credit of the Scholarship Fund. No monies shall be drawn from the Fund for purposes other than those stipulated herein except by a two-thirds vote of the Board of Directors voting at any regular or special meeting. ARTICLE XII - CODE OF ETHICS BERGEN-PASSAIC MUNICIPAL INSPECTORS ASSOCIATION, INC. I shall place public safety above all other interests. I shall place public interest above individual, group or special interests and shall consider my profession an opportunity to serve society. I shall maintain the highest standards of integrity, knowing that my membership in this Association is contingent upon that. I shall treat all persons courteously, equally and fairly. I shall not accept nor offer any gift, favor or service that might tend to influence me in the discharge of my duties. I shall conduct myself at all times in such a manner as to create respect for the jurisdiction I represent and the membership of the BPMIA. I shall refrain from the use of my position to secure advantage or favor for my family or my friends, at the expense of my brother inspectors or myself. I shall refrain from using unfair means to secure an advantage in this Association or to knowingly injure any individual, company, fellow inspector or this Association to gain such advantage. I shall carry on my contacts with other members of this Association in a spirit of fairness, with loyalty and fidelity to the aims and purposes of this Association. I shall not knowingly put myself in a position that would cause harm to my brother inspectors with regard to their livelihood and reputation. I agree that whoever, by force, intimidation or threat or by any other manner whatsoever, induces any builder, developer, general contractor, subcontractor or home owner to give any form of unlawful compensation shall, upon discovery, be charged and questioned and appropriate action taken as per Ethics Guidelines. I agree, as a member of this Association, to assist and cooperate actively with this Association and my brother Code Officials in all areas that affect our livelihood. I further agree that I will refrain from entering into any job negotiations with a Municipal body without making every effort to ascertain the reasons for the availability of that position. I further agree that if I fail to or refuse to abide by the rules and tenets of this Association, the Ethics Committee, after a full and impartial review of the transgression, under the guidelines as set forth in Article VII, Section 7, shall take any or all of the following actions: 1) dismiss charge as unfounded; or 2) recommend, reprimand, and/or document case and forward to the Department of Community Affairs for further action. Rev: 7/7/08
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