Public Information
Association By-Laws
BY-LAWS
of the
County Chief Adult Probation and Parole Officers’ Association
of
Pennsylvania
(Approved May 9,
2007; Effective January 1, 2008)
(Amendment 7.4
approved and effective December 12, 2008)
1. Preamble: These By-laws are established by the County Chief Adult Probation and Parole Officers’ Association of Pennsylvania (“Association”) for the internal organization, governance, and management of the Association and to facilitate the effective discharge of its powers and duties.
2.
Official Title and Organizational Status:
2.1 The name of the Association shall be the County Chief Adult Probation and Parole Officers’ Association of Pennsylvania and shall be referred to hereinafter as the Association.
2.2
The Association shall be chartered and incorporated as a domestic
non-profit corporation under the laws of the
2.3 The duration of the Association shall be perpetual.
2.4 The Association may solicit and receive funds and grants to aid in carrying out its aims and purposes. No funds shall be received without the expressed authorization of the Executive Committee or its designated agent. The Executive Committee authorizes an annual budget that is administered by its designated agent.
3. Objectives: The objectives of the Association are to:
3.1 advance probation, parole and community corrections practices;
3.2 promote appropriate legislation;
3.3
promote communication and exchange of ideas;
3.4 stimulate high standards of training and professionalization of personnel and agencies;
3.5 promote the provision of quality information to criminal justice decision makers;
3.6 encourage the development of innovative services, research designs, and program evaluation;
3.7 increase public awareness and acceptance of probation, parole and community corrections as meaningful sanctions in the prevention, reduction and deterrence of criminal behavior.
4.1
The Association shall charge an annual assessment to each county in
the
5.1 There shall be three (3) categories of membership as follows:
(a) Full Membership – any chief probation officer/director overseeing a department that provides probation, parole and community corrections services to adult offenders that wishes to pay the membership dues and join the Association. The length of membership shall be for one year, multiple years, or life in accordance with the dues structure established by the Executive Committee. Full members have a vote at all membership meetings and on mail ballots. Full members may serve on committees, chair committees and run for an elected position in the Association.
For purposes of representation on the
term(s) on the FETC provided they are members of the Association in
good standing.
b) Associate Membership (Active Employee) – any individual that wishes to pay the membership dues and join the Association. Individuals who might have such an interest include deputy chief probation officers/directors, administrators, supervisors, line officers, students, individuals in professions related to criminal justice (e.g. counseling, social work and law enforcement) and academic professionals in the area of criminal justice. Associate Members are not entitled to vote or serve on the Executive Committee but are permitted to serve on all other committees.
(c) Associate Membership (Retired Employee) – any retired chief probation officer/director, who oversaw a department that provided probation, parole or community corrections services to adult offenders, or any other retired individual who wishes to pay membership dues and join the Association. Associate Members are not entitled to vote or serve on the Executive Committee but are permitted to serve on all other committees.
5.2 Application for Membership: Application for membership in the Association shall be made on a form approved by the Executive Committee. Membership shall be available to anyone regardless of race, creed, color, sex and in accordance with Section The Executive Committee is authorized to adopt, modify, and revoke such rules and regulations as it deems necessary with reference to the membership except where specified by the By-laws.
5.3
Membership Dues:
Membership dues shall be designated by the Executive Committee
annually for all categories of membership, payable within sixty (60)
days of notification
5.4 Membership Withdrawal: Members wishing to withdraw his/her membership from the Association shall not be entitled to a refund for any portion of the dues paid.
5.5 Failure to Pay Membership Dues: Any member who fails to pay annual membership dues within sixty (60) days after such dues are payable shall cease to be a member of the Association. If an Executive Committee position, elected office, or committee position is being held by a member failing to pay dues as required, the member forfeits the position.
5.6 Voting: There shall be one vote per Full Member. Associate Members are not permitted to vote unless a Full Member designates an Associate Member to cast a proxy vote by providing written notification to the Secretary of the Association at or prior to any membership meeting.
6.1 Composition: The Executive Committee shall consist of the President, the Vice-President, the Secretary, the Treasurer, the Immediate Past President, and three (3) At-Large Members.
6.2 Responsibility: The Executive Committee shall conduct the business of the Association and have such powers as the Association authorizes.
6.3 Presiding Officer: The President shall be the presiding officer of the Executive Committee. There shall be at least four meetings of the Executive Committee annually.
6.4 Annual Budget: The Annual Budget must be submitted in writing by the Executive Committee to the Association members no later than the first meeting of the Calendar Year.
6.5 Expenditure of Funds: The designated agent may expend such funds within the approved budget as are necessary for the operations of the Association.
7.1 Officers: The elected officers of the Association shall consist of the President, the Vice President, the Secretary, the Treasurer, and three (3) At-Large members.
7.2 Qualifications: To qualify for elected office in the Association, the candidate must be a Full Member in good standing, willing and able to fulfill the duties of the office for which nominated and be willing and able to serve in the office for the length of time necessary to fulfill the duties of the office. Any elected officer who fails to continue to meet the qualifications or standards of the office to which they were elected may be terminated upon two-thirds (2/3) vote of the Association at a meeting where a quorum has been established.
7.3 Term of Office: Members elected to the positions of President, Vice President, Secretary and Treasurer shall serve a two (2) year term beginning on January 1st of the year following his/her election to the position. No officers shall serve for more than two (2) consecutive terms in the same office.
Members elected to the positions of At-Large Member shall serve a three (3) year term beginning on January 1st of the year following his/her election to the position. No officers shall serve for more that two (2) consecutive terms in the same office.
7.4
Vacancies: When a vacancy occurs in the Office of the President,
the Vice President shall automatically act in the capacity of the
President of the Association for the balance of the term.
When a vacancy occurs in the offices of the Vice
President, Secretary, Treasurer of any of the three
Members-at-Large, a special election will be held within100 days of
written notification to the President that Vice President,
Secretary, Treasurer or any Member-at-Large will be unable to serve
in the position. If a
regularly scheduled election is scheduled and a resignation occurs
within 100 days or less of the regularly scheduled election, then
the filling of the vacated position(s) will be part of the regularly
scheduled election.
(Revision approved
December 12, 2008)
7.5 Nominations Committee: Before each election year, a Nominations Committee shall be appointed by the President and approved by the Executive Committee. The Nominations Committee shall recommend to the membership no more than two (2) eligible candidates for each position. The Nomination Committee is to inform the Executive Committee of the slate 30 days before the Association members are notified. All active and eligible voting members shall be notified of the slate of candidates 30 days prior to the membership meeting during which elections will take place. In addition to the slate of candidates, voting members may make nominations from the floor. The Nominations Committee shall announce the results of the election at the membership meeting.
8.1 Place
of Meetings: Meetings of
the Association shall be held in
8.2 Regular Meetings: Regular scheduled meetings will normally be held every three (3) months, with a minimum of three (3) meetings per year. At the first membership meeting following the election, the newly elected officers shall be installed. The Executive Committee will establish the agenda for each regular meeting of the Association and the Secretary/Executive Director shall give notice of the agenda to the Association Members and Associate Members prior to the meeting.
8.3 Special Meetings: Special meetings of the Association may be called for any purpose by the President with the approval of a majority of the Executive Committee or upon written request to the President by a majority of members present at a regular scheduled meeting.
8.4 Executive Committee Meetings: Regular scheduled meetings of the Executive Committee will be held prior to the regular scheduled membership meetings. Special meetings of the Executive Committee may be called for any purpose by the President.
8.5 Quorum: Quorums for the Association membership meetings will require a simple majority of the total number of voting members present.
8.6 Voting Conflicts: Any member of the Association who, by voting, would be voting on a matter that would result in a conflict of interest, shall abstain from voting on such matter, refrain from participating in any discussions concerning such matter, and, prior to the vote being taken on such matter, publicly announce and disclose the nature of his or her interest as a matter of public record.
8.7 Rules of Order: Meetings of the Association shall be conducted in accordance with Roberts Rules of Order for Parliamentary Proceedings.
8.8 Minutes of Meetings: Written minutes shall be kept of each open meeting and, after approval by the Association, shall be made a available for public inspection and copying. Audio tape recordings of open meetings may be made solely for the purpose of facilitating the preparation of written minutes. Such tape recordings shall be retained only until the Association approves the minutes to which they relate. Thereafter, the audio tape recording shall be destroyed.
The Association shall establish standing or special committees as may be necessary to carry out its functions. Each committee shall consist of such number of members as the President shall determine and the President shall appoint the chair and designate the other members of the committee. All Full Members and Associate Members are eligible to participate in standing or special committee deliberations but the offering of motions and voting on standing or special committee business shall be confined to committee members. A majority of the members of a standing or special committee shall constitute a quorum for the transaction of business. The President of the Association shall be an ex officio member of all standing or special committees and shall have the authority to vote on any or all standing or special committee business. The following standing committees are established:
9.1 Program Committee – responsible for scheduling educational presentations on pertinent topics at general business meetings and the annual conference;
9.2 Legislative Committee – responsible for gathering and disseminating timely and relevant legislative issues to the membership;
9.3 Standards Committee – responsible for periodically reviewing current standards in adult probation, parole and community corrections and making recommendations to the general membership;
9.4 Training Committee - responsible for reviewing data pertinent to all training concerns in conjunction with adult probation, parole and community corrections and making recommendations to the general membership;
9.5
9.6 Firearms Committee - responsible for advising and making recommendations to the County Probation and Parole Officers’ Firearm and Education Training Commission;
9.7 By-Laws Committee - responsible for reviewing and maintaining the by-laws of the Association.
10.1 President - the President shall be the presiding officer of the Association. The President shall be an ex-officio member of all committees except the Nominations committee.
10.2 Vice President - the Vice President shall assume the responsibilities of the President in the absence of the President. He/she shall assume whatever duties are assigned by the President.
10.3 Secretary – the Secretary shall be responsible for oversight of all records of the Association with the exception of financial and membership records and shall insure the proper maintenance of the records of all official meetings of the general membership and the Executive Committee. He/she shall insure issuance of special and regular meeting notices and act upon all communications as directed by the President. The Secretary is to insure that the general membership is provided with written copies of resolutions and by-law amendments adopted by the Association.
The Secretary’s duties at special or general membership meetings include: (a) reading minutes, any letters received and the text of motions; (b) recording motions and amendments, and; (c) drafting minutes of meetings.
10.4 Treasurer – The Treasurer is entrusted with the custody of the Association’s funds and shall be responsible for insuring the maintenance of all financial records of the Association. The Treasurer shall insure the preparation of an Annual Financial Report, dated as of December 31st, and other financial reports as directed by the Executive Committee, and shall insure the submission of all financial records for an annual audit. This report will include all information related to sources of funds including other sources of funding such as grants, contracts, etc.
10.5 At-Large Members – there shall be three (3) At-Large members who are responsible for assisting and advising the Executive Committee.
11.1 Appointment – the Executive Committee, with the approval of the general membership of the Association, may establish a position of Executive Director to assist in the conducting of business of the Association. The Executive Director shall be an independent contractor responsible to the President and the Executive Committee of the Association.
11.2 Duties – the duties of the Executive Director shall include, but not be limited to, assisting the President and Executive Committee in planning, budgeting, organizing and directing the Association.
12.1 Amendments - Amendments to the By-Laws may be proposed to the By-Laws Committee by the general membership of the Association in writing. The By-Laws Committee will submit the amended By-Laws to the Executive Committee for their consideration. The Executive Committee then presents the proposed amendments to the general membership at the next membership meeting.
12.2 Voting on Amendments – Any amendments to the By-Laws must be voted on at a membership meeting and shall require two-thirds (2/3) majority of those present and voting. The effective date of the amendment shall be contained in the amendment. The vote of the members is binding on the Executive Committee. Notification of the passed amendment(s) will be disseminated to the Association members and associate members.
13.
Immunity and Indemnification
13.1 Immunity of Officers – any officer of this Association, to the fullest extent permitted by law, shall have absolute immunity from civil liability, damages or any other relief for any action taken or statement made in connection with the activities described in these Bylaws while acting as an officer of this Association.
(a) The above shall not apply if the officer has breached or failed to perform his duties as outlined in section 10, and
(b) The breach or failure that eliminates the officer’s immunity entails self-dealing, willful misconduct or recklessness.
(c) No officer of this Association shall have immunity for actions taken in violation of a criminal statute.
(d) No officer of this Association shall have immunity for failure to pay any taxes required by law.
13.2 – Indemnification of Officers – All persons who are or were officers of the Association shall be indemnified by the Association to the fullest extent permitted by law. The Association shall indemnify its officers against all expenses and liabilities reasonably incurred by or imposed on them in connection with any proceedings to which they have been or may be made parties, or any proceedings in which they may become involved by reason of being or having been an officer of the Association, even if no longer in the position that gave rise to the expense or liability.