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SOUTHERN TIER BUILDING
OFFICIALS ASSOCIATION
BY LAWS
ARTICLE I NAME
The name of this
Association is the Southern Tier Building Officials Association (STBOA)
[hereinafter noted as the Association].
ARTICLE II PURPOSE
& ATTAINMENT
1) To provide education with regard to the New York State Uniform Fire Prevention and Building Code, related codes, and procedures for effectively enforcing these Codes and similar parallel rules and regulations. Development of programs, seminars, brochures and other educational materials and tools to further the education of the members, and to secure accreditation for training which meets the requirements of New York State and the goals and standards of the Association;
2) To
provide assistance to members in various ways to increase the level of
professionalism of those individuals in the position of Code Enforcement
Officer, Building Inspector, Housing Maintenance Inspector, Fire Inspector, and
other related fields, commensurate with the responsibilities and expectations
of the office;
3)
To maintain a forum for exchanging ideas,
discussing common problems,
obtaining general
information related to the code system including interpretations
and development
of laws related to building construction, fire safety, fire
prevention, land
use development, and other related subjects;
4) To
elevate the position of the Code Enforcement Officer, Building Inspector,
Housing Maintenance Inspector, Fire Inspector, and other related individuals to
be compatible with the responsibilities and obligations placed upon the
members;
5) To
promote efficiency and uniformity in the administration of Building and Code
Enforcement Departments;
6)
To foster cooperation between the members and
others directly and indirectly
affiliated
with the building industry;
7)
To exchange ideas, information and facts concerning matters and problems
of
common interest;
8) To create
good fellowship and mutual understanding among members and officials
of all New York State
municipalities;
9) To enable the
Code Enforcement members to have an effective voice to facilitate
changes in all applicable codes
and foster the acceptance of performance standards
for building materials, building
equipment and construction methods; and
10) To
cooperate with and assist the State of New York, Department of State (DOS)
Division of Code Enforcement and
Administration, New York
State Building
Officials
Conference (NYSBOC),
International Code Council (ICC), the New York
State Conference of Mayors and Other Municipal Officials, the New York
State
Assessors' Association, Council of American Building Officials, the
Fireman's
Association of the State of New York, (FASNY), the New York State Fire
Marshals
Association and the Association of Towns of the State of New York, in
achieving
their aims and ideals to the extent same shall not be inconsistent with
the purposes
herein expressed;
11) To enlist
the cooperation of organizations such as Contractors, Home Builders,
Remodelers,
Architects, Engineers, Design Professionals, Manufactures and other similar groups to formulate and conduct
programs of related subjects for the edification of the membership in the field
of building construction.
Section 2. Methods
of Attainment
The methods of achieving the purposes and aims of
this corporation shall include, but not limited to:
1)
Providing quarterly meetings, where a forum is
provided for the members
to
discuss and respond to matters relative to public safety, health, welfare and
code
related issues and through which this information is disseminated to the
members
and to the public in general;
2) Supporting legislation of benefit to
members and the general public;
3) Providing, at various times during the
year, certified training workshops, which
shall provide the
requirements to maintain the proper accreditation and certification of the
positions held;
4) Publicizing the
existence and activities of this Association through contact
with public officials in
other branches of government and with the general public;
5) Collection of annual dues;
6) Other means as the Executive
Committee may from time to time determine,
not inconsistent with the
express purposes of this Association; and
7 ) Enrollment with the following affiliates: New York State
Building Officials
Conference
(NYSBOC), International Code Council (ICC), the Eastern States Building
Officials Federation, the Association of Towns of the State of New York, the
New York State Conference of Mayors and Other Municipal Officials, the New York
State Assessors' Association, Council of American Building Officials, the
Fireman's Association of the State of New York (FASNY),
and the New York State Fire Marshals Association.
ARTICLE III MEMBERSHIP AND
DUES
1) Membership
Definitions;
A) ACTIVE MEMBERSHIP: shall be restricted to
public officials actively engaged in an official capacity within the State of
New York in any governmental department or bureau engaged in the enforcement,
administration or formulation of laws or ordinances relating to buildings and
other structures;
B) ASSOCIATE MEMBERSHIP: shall be restricted
to former active members who are no longer eligible for active membership and
to public officials other than building officials;
C) COOPERATING MEMBERSHIP: shall be restricted
to architects, engineers and representatives of non-profit technical and
professional organizations which are interested in building codes and building
construction standards;
D) PARTICIPATING MEMBERSHIP: shall principally include representatives of
manufacturers, contractors, financial institutions, insurance companies and other persons or firms similarly
engaged in the building industry;
E) HONORARY MEMBERSHIP: may be conferred upon individuals of distinction who have rendered outstanding services in the furtherance of the purposes and objectives of this Association. Such membership shall be conferred by a majority vote of the active members present at any meeting of the Association. Nominations for such membership shall be made to the Executive Committee and their approval obtained before said nominations are brought before the membership for a vote. Active members in good standing who are elected to honorary status shall retain all privileges of active membership;
2) All members in good standing (membership dues paid) shall be entitled to
vote at meetings of the general membership and shall be entitled to the
privileges of the floor for discussion;
3) The Association may admit members at any time;
4) Only Active Members of the Association shall be eligible to serve in any
of the elected positions of President, Vice-President, Secretary/Historian,
Treasurer, or Delegate;
5) All Active Members shall be eligible to be appointed or elected to
various Standing Committees;
6) Each member shall pay annual dues to the Association at the annual
meeting in an amount to be determined as appropriate. These dues will be assessed for calendar year January 1
through December 31 only;
7) Any member who defaults in payment of the minimum annual dues, by the
date as determinate by the Executive Committee at the annual meeting, shall not
thereafter be considered in good standing, and no voting privileges will be
extended at that meeting or until all dues for the
Associations are paid in full;
8) Every member of this Association shall be entitled to have a Certificate
of Membership;
9) No part of the net earnings, if any, of this
Association shall inure to the benefit of any member or other individual, and
no gain, or profit, or dividends shall ever be distributed to any member of
this Association or inure to the benefit of any private person, except as
provided for in the adopted budget;
10) A member or any officer shall not participate in or
purport to have authority to act on behalf of or bind this Association to any
legal obligations or liability, except as provided in these Bylaws, or
resolution or policy of the Executive Committee;
The annual membership fee for this Association
for membership classes listed in Article III, Section 2, 1) A Š E shall be as
determined and set at the annual meeting by a Resolution of the Members and
become effective in the second consecutive year after determination.
ARTICLE IV OFFICERS
Section 1. OFFICERS
The officers of the Association shall consist
of a President, Vice-President,
Secretary/Historian, Treasurer, and NYSBOC
Delegate, each of whom by election to that office is a member of the Executive
Committee. The term of office to be effective January 1st of the
year following the annual election of officers. Each officer shall serve a
two-year term. A maximum of two (2) terms may be served consecutively by any
one individual in the position of President and in the position of Vice-President.
Section 2. DUTIES
OF OFFICERS
A) PRESIDENT
The President
shall be the chief executive officer of the Association, shall have general and
active management of the business and affairs of the Association subject to the
directions of the Executive Committee and the membership, shall preside at all
meetings of the members and Executive Committee, and shall be an ex-officio
member of all committees (with the exception of the Nominating Committee). Except in those instances in which the
authority to execute is expressly prescribed by the Executive Committee or
these By Laws, the President may execute for the association any contracts,
deeds, mortgages, bonds, or other instruments which the Executive Committee or
the membership has authorized to be executed. The President may accomplish such
execution either under or without the seal of the Association and either
individually
or with any other
officer thereunto authorized by the Executive Committee according to the
requirements of the form of the instruments.
B) VICE-PRESIDENT
The
Vice-President shall assist the President in the discharge of the duties of the
President, as the President may direct and perform other duties from time to
time as
may be assigned
by the Executive Committee. In the
absence of the President or in the event of the President's inability to act,
the Vice-President shall perform
the duties of the President and when so acting shall have all the powers of,
and be subject to, all the restrictions upon the President. Except in those instances in which the
authority to execute is expressly delegated to another officer or agent of the
Association or a different mode of execution is expressly prescribed by the
Executive Committee or these By Laws, in the absence of the President, the
Vice-President may execute for the Association any contracts, deeds, mortgages,
bonds, or other instruments which the Executive Committee has authorized to be
executed, and may accomplish such execution either under or without the seal of
the Association and either individually or with any officer thereunto
authorized by the Executive Committee according to the requirements of the form
of the instruments.
C) SECRETARY/HISTORIAN
The
Secretary/Historian shall have custody of and maintain all of the AssociationÕs
records except the financial records, shall maintain and distribute a record of
the minutes of all meetings of the members and Executive Committee, send out
all notices of meetings, shall be responsible for correspondence by the
Association, and perform other such duties as may be prescribed by the
Executive Committee or the President.
The duties as Historian shall be to collect, retain, preserve and
correlate all data in connection with the Association past and present. The Secretary/Historian shall also keep
the official papers of the Association.
D) TREASURER
The Treasurer
shall have custody of the Association funds and financial records. The Treasurer shall keep full and
accurate records, accounts or receipts and disbursements, and render accounts
thereof at the regular meetings of the members and whenever else required by
the Executive Committee or the President, and shall perform such other duties
as may be prescribed by the Executive Committee or the President.
A)
The Delegate and/or Alternate shall serve as
the representative of the Southern Tier Building Officials Association (STBOA)
on the Delegate Board of the New York State Building Officials Conference
(NYSBOC).
B)
Attendance at all of the meetings of the State
organization is expected, and the Delegate or Alternate is required to present
proper reports of the activities of the State organization to the President,
the Executive Committee, and the general membership as soon as possible.
C)
The Delegate or Alternate shall serve to
reflect the opinions, needs, and requests of the general membership and shall
convey those opinions, needs, and requests to the State Organization by
attendance at the meetings, voting as the majority of the membership as
directed, and serving on other committees at the State level whenever possible.
D)
The Delegate or Alternate shall perform other
duties as directed by the President and the Executive Committee. The Alternate
Delegate shall perform the duties of the Delegate in the event that the
Delegate is unable to do so.
E)
The Association, at the discretion of the
Executive Committee, may provide payment for real and necessary expenses
incurred by the Delegate or Alternate in the performance of the duties of the
office.
F)
The Delegate or Alternate may be removed for
failure to meet or perform the duties of the office as noted in A Š E above.
ARTICLE V EXECUTIVE
COMMITTEE
A) Management
of the Association
All Association
powers shall be exercised by or subject to the authority of the Executive
Committee. The business and affairs of the Association shall be managed under
the direction of the Executive Committee, which shall have the responsibility
for carrying out the purpose for which the Association is organized.
B) Members
of the Executive Committee
The members that
shall make up the Executive Committee shall be as follows: the elected
President, Vice-President, Treasurer, Secretary/Historian, Delegate to NYSBOC,
Immediate Past President, and up to five (5) other members at large from the
association. The five (5) members that are not elected officials shall be
elected at the annual meeting for a term of two (2) years. Resignations of any
of the positions on the Executive Committee will be filled for the unexpired
term by a vote of the remaining Committee members.
In filling
vacancies on the committee, the Executive Committee should consider provisions
for geographic distribution and diversity in size of municipalities
representing the overall cross section of the entire membership.
There is no
requirement that the Executive Committee fill all of the available positions on
the committee if interested members are not available.
The Executive Committee shall:
A)
Transact necessary business in the intervals
between meetings of the Association and such business as may be referred to it
by the Association;
B)
Create standing committees;
C)
Approve the plans, work, and correspondence of
the standing committees;
D)
Coordinate and arrange meetings of the
Association, including providing speakers and topics for these meetings and any
special events that may be arranged during the year;
E)
Present reports to the members of the
Association at regular meetings;
F)
Appoint internal auditors to audit the
TreasurerÕs accounts annually, and provide for external audits when necessary
or requested by the membership;
G)
Approve payment of bills within the limits of
the adopted budget;
H)
Prepare a tentative budget for presentation to
the membership to be voted on at the annual meeting;
A simple majority vote of the Executive
Committee in attendance at any Executive Committee meeting shall constitute a
majority vote for the required actions of the Executive Committee; however,
there shall not be fewer than six (6) members in attendance in order to
transact business.
The Executive Committee may hire a person or
persons to assist the Association with book keeping, typing services, or any
other necessary business to achieve a proper result for the needs at hand
within the limit of the adopted budget.
ARTICLE VI REMOVAL
OF ELECTED OFFICIALS AND
EXECUTIVE COMMITTEE MEMBERS
A) Any officer or Executive
Committee member elected by the members of the
Association may
be removed, with or without cause, by a majority vote of the
ACTIVE MEMBERS in
attendance as per Article VII.
B) Any officer or agent appointed
by the Executive Committee may be removed
whenever in the
judgement of the Executive Committee, the best interests of the
Association would
be served thereby, but such removal shall be without prejudice
to the contract
rights, if any, of the person so removed.
ARTICLE VII MEETING
OF MEMBERS
1)
Regular
meetings of the members shall be held at least three times during the year or
when directed by the President or the Executive Committee. Training shall be
under the guidance of the Executive Committee.
2)
Place: All meetings and training of the
members shall be held within one of the following counties of the Southern Tier
Region of the State of New York: Broome, Chemung, Chenango, Cortland, Delaware,
Otsego, Schuyler, Steuben, Tioga, or Tompkins;
3)
Notice: Written notice stating
the place, day, hour of the meeting and purpose of the meeting shall be
delivered not fewer than seven (7) nor more than sixty (60) days before the
meeting, either personally, by facsimile, by e-mail, by first-class mail, or by
direction of the President or Secretary, members may be telephoned for the announcement.
If mailed, such notice shall be deemed to be delivered when that notice is
deposited in the United States Mail, addressed to the members as the names
appear on the membership rolls of the Association;
4)
Adjourned, Postponed and
Cancelled Meetings: When a meeting is adjourned to another place or time, it
shall not be necessary to give any notice of the adjourned meeting. However,
the rescheduling of a postponed or cancelled meeting must be made as designated
in B above;
5)
Voting Record: The Treasurer
shall have charge over the compiling and maintenance of the voting record of
the Association. The voting record shall be available at every meeting of the
Association for inspection by any interested individual;
6)
Twenty five percent (25%) of
the members entitled to vote, as noted in the voting
record, represented in person at a meeting, shall constitute a quorum for all matters that comes before the Association. If a quorum is present, the affirmative vote of the majority of the members represented at the meeting and entitled to vote on the matter shall be the act of the membership unless otherwise provided by law.
After a quorum
has been established at a meeting, the subsequent withdrawal of any member, so
as to reduce the number of members entitled to vote so as to be fewer than a
quorum, shall not affect the validity of any action taken at the meeting or any
adjournment thereof.
Each member
entitled to vote as outlined in previous paragraphs is entitled to one vote.
ARTICLE VIII PARLIAMENTARY
AUTHORITY
All meetings of
the Association shall be governed by the rules contained in the most current
edition of RobertÕs Rules of Order in all cases where they are not
inconsistent with
the By Laws and any special rules of order the Association may adopt.
This Association shall keep a correct and
complete set of records of the accounts and minutes of all proceedings that
have been brought before the Association, the storage of which shall be
determined by the Executive Committee.
In the event of a dissolution or final liquidation of the Association, all of the remaining assets and property of the Association, after paying or making provision for the payment of all liabilities or obligations of the Association and for necessary expenses thereof, shall be transferred to one or more organizations which will dedicate such assets and property to public and/or charitable purposes and qualify as tax exempt organizations under Section 501(c)(3), Section 501(c)(4), or Section 501(c)(6) of the Code.
The fiscal year
of the Association shall be January 1 through December 31.
ARTICLE XII AMENDMENTS
Changes to the By
Laws must be given in writing to the members of the Association as described in
Article VII, and announced at two (2) meetings previous to the actual meeting
where a vote will be taken. By Laws may be repealed or amended and new By Laws
adopted by a vote of at least two-thirds (2/3) of the members of the
Association present who are eligible to vote. The vote shall be cast in person and no proxy vote may be
given for By Law changes.
Passed at the
December 10, 2003 meeting in Corning, New York.
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