Constitution

THE BYLAWS OF THE NORTH DAKOTA DRIVER AND TRAFFIC SAFETY EDUCATION ASSOCIATION ARTICLE I

 

Name of Association The name of this organization is the “North Dakota Driver and Traffic Safety Education Association” (NDDTSEA). ARTICLE II


Purpose of the Association The Association is a not for profit entity organized for the following purposes:

  1. To promote and encourage the teaching of Driver and Traffic Safety Education to youth of the State of North Dakota.
  2. To study the problems associated with the teaching of Driver and Traffic Safety Education and then attempt to solve these problems.
  3. To cooperate with other agencies in the interests of the teaching of Driver and Traffic Safety Education, especially in the high schools and colleges.
  4. To improve and upgrade requirements for teaching Driver and Traffic Safety Education.




ARTICLE III Membership



Section 1. General It shall be the policy of the Association to encourage qualified potential applicants to apply for membership in the Association.


Section 2. Eligibility Any person teaching or supervising Driver and Traffic Safety Education or interested in the purpose for which this organization is formed, shall be eligible for membership in one of the following categories: Active, Associate, Honorary, and Sustaining. Persons and/or organizations eligible for membership as Active, Associate, Honorary, or Sustaining Members may become members upon completion of application.

  1. Active Member Active Membership is open to anyone actively engaged in the instruction of Driver andTraffic Safety Education programs.
  2. Associate Member Associate Membership is open to anyone interested in the enhancement of the Driverand Traffic Safety Education Program, and to Students enrolled in a recognized CollegeProgram in Driver and Traffic Safety Education.
  3. Honorary Member Honorary Membership may be granted to individuals who have made outstanding contributions to Driver and Traffic Safety Education upon action of the President with the approval of the Executive Board or upon three-fourths (3/4) majority vote by Active Members present at any Association meeting.
  4. Sustaining Member Sustaining Members shall be any organization or individual that contributes to the North Dakota Driver and Traffic Safety Education Association. Acceptance of a membership shall in no way bind the Association to support the philosophies or policies of any member, nor to support nor participate in projects or undertakings of said member, nor imply that the Association’s name or logo can be used in promoting business activity without approval from the Executive Committee.



Section 3. Application and Election Application for Active membership shall be made in such a form as prescribed by the Executive Committee. All Active membership applications shall be forwarded to the Executive Committee to determine if the applicant meets the eligibility requirements.


Section 4. Dues

  1. Membership dues are required to be paid by members. The amount of annual dues may beamended by vote of at least 2/3 (two-thirds) members of the Executive Committee present at any regularly scheduled meeting of the Executive Committee (provided a quorum is present).
  2. The regularly scheduled meeting can be face-to face or through conference call meeting. Any active member whose dues or any part thereof shall be in arrears shall be deemed not in good standing after second notice of such arrearage has been served. Any active member who shall continue not to be in good standing shall be deemed to have forfeited status as an active member. Payment of dues must be current prior to the Annual Business Meeting to be eligible to vote.



Section 5. Voting a.  Any activemember in good standing shall have one vote for all matters that are to be voted on by the active members of the Association and are not matters reserved under Article V herein for Executive Committee Members only. Matters to be voted on by active members of the Association shall include:

  • election and recall of officers:
  • revisions to the Bylaws;
  • composition of regions:
  • approval of annual budget and expenditures;
  • implementation and enforcement of policy, procedures, and regulations; and
  • termination of active members


b.  Associate, Honorary, and Sustaining members shall have voting privileges only on standing committees.

Section 6. Resignation and Termination of Membership Any active member resigning membership shall provide written notice to the NDDTSEA Secretary. Any member who shall act in willful violation of the Bylaws or does anything which is detrimental to the Association, may have such membership terminated upon determination of such fact by the Executive Committee and approval by a vote of the active members. Such member, if a member of the Executive Committee, shall not be entitled to vote on such termination, provided, however, that notice in writing of the grounds therefore shall have been mailed to each such member at least thirty days before such action shall be taken and that such member shall have been given an opportunity to be heard at the time and place stated in the notice. Upon resignation or termination of membership, such member shall have no right or interest in any property or assets of the Association and shall not be entitled to any refund of dues.


Section 7. Additional classes of Members
The Executive Committee may establish an additional class or classes of members upon such qualifications as the Executive Committee may deem advisable in the best interest of the Association provided however, that no such additional class of members shall have any voting rights in the Association.



ARTICLE IV Meeting of Members



Section 1. Annual Meeting The annual meeting of the members of the Association shall be held at such place and time as the Executive Committee by resolution shall select. At such annual meetings, members of the Executive Committee shall be elected and there may be transacted any other business which shall properly be brought before the members at the meeting. If for any reason an annual meeting is omitted, a special meeting may be held in place thereof and any business transactions or elections held at such meeting shall have the same effect as if transacted or held at an annual meeting.


Section 2. Action Without Meeting
Any action which may be taken at a meeting of the members, may be taken without a meeting if authorized in writing signed by a majority of all of the votes of the active members, provided that all active members are given an opportunity to sign authorization. This will be accomplished through electronic mail.


Section 3. Notice and Waiver
The Executive Committee shall notify its members of the Annual Members’ Meeting a minimum of thirty days prior to the date of the meeting or a minimum of ten days prior for a Special Meeting. The meeting notice shall include:

  • Date
  • Time
  • Location
  • Agenda

The notice will be sent to all members by electronic mail to the respective addresses of the members appearing on the records of the Association.


Section 4. Quorum
At any meeting the presence of a majority of the active members present in person or by proxy, shall constitute a quorum for the transaction of business. If a quorum is not established, no business shall be conducted. Meetings shall be presided over by the President or, in his/her absence, successions shall be President-Elect, Secretary-Treasurer. The Secretary-Treasurer or a delegate acting in his/her behalf shall keep the minutes of such meeting. All questions coming before the members for decision shall, unless otherwise provided for by laws or the Bylaws, be decided by affirmative vote of a simple majority of the members present in person or by proxy at the meeting.



ARTICLE V The Executive Committee



Section 1. Number and Composition

  1. The NDDTSEA Executive Committee shall have nine (9) members of the Executive Committee. The President, President Elect, and Secretary-Treasurer shall be nominated and elected by the active members of the Association. All persons nominated for and elected to the Executive Committee shall be active members of the Association in good standing. The President shall appoint four (4) Regional Representatives to the Executive Committee, one from each region. A representative from the North Dakota Department of Transportation shall be a member of the Executive Committee as a resource only without voting powers. The outgoing President shall remain a member in good standing and serve on the Executive Committee for an additional year after election of a new President, to assist the Executive Committee in the transition of management. The outgoing President shall have voting privileges. The geographic regions shall be determined by the active members of the Association at the annual meeting as needed.
  2. The elected officers of the Executive Committee shall serve a two (2) year term.
  3. The Regional Representative shall serve a three (3) year term.
  4. Executive Committee members and the President will exclude themselves from voting on issues which are construed by the Executive Committee as a conflict of interest.
  5. The President, upon the vote of three-fourths (3/4) of the voting Executive Committee members present, may designate to the Executive Committee membership such members as deemed beneficial to the operation of the Executive Committee.
  6. Elected or appointed members of the Executive Committee who fail to meet the responsibilities of their office may be replaced by majority action of the Executive Committee. An elective or appointed office vacated in this manner shall be filled by nomination and election or appointment at the next regular Association Executive Committee meeting.
  7. The President shall appoint a chairman for any standing or temporary committees with the approval of the Executive Committee.
  8. No person shall hold more than one official position in the association at one time.
  9. Any candidate for office must be an Active Member of the Association in good standing.



Section 2. Executive Committee Meetings The Executive Committee shall have an annual face-to face meeting at the annual NDDTSEA conference to conduct NDDTSEA business. Meetings of the Executive Committee may be called by the President or by fifty percent of the members of the Executive Committee with voting privileges and may be conducted face-to-face, via teleconference, and/or other appropriate meeting formats. Notice stating the time and place of any Executive Committee meeting, except the Annual Members’ Business Meeting, shall be given at least thirty days prior to the date of the meeting. A majority of the Committee shall constitute a quorum. Each Executive Committee member shall have one vote. Any vacancy occurring on the Executive Committee shall be filled by appointment by the President, from the geographic region of the member creating the vacancy, who shall serve on the Committee.


Section 3. Powers of the Executive Committee The Executive Committee shall manage the affairs of the NDDTSEA consistent with the law and Bylaws. Powers include, but are not limited to:

  • Fix the fiscal year (conference date to conference date)
  • Initiate and administer all matters involving policies, programs, transactions and contractual obligations
  • Guide and counsel the officers of the NDDTSEA in the fulfillment of their responsibilities
  • Evaluate the needs of the NDDTSEA and implement programs to meet them
  • Determine persons authorized to sign checks, drafts,or other orders for the payment of money in the name of the NDDTSEA
  • Review and approve periodic statements of fiscal operations
  • Establish, change the membership of, and discontinue committees






ARTICLE VI Officers and Duties



Section 1. General The officers of the NDDTSEA shall be a President, a President Elect, and a Secretary/Treasurer of the Executive Committee. The President, President Elect, and Secretary/Treasurer is elected in accordance with the provisions of ARTICLE V, Section 1 a.


Section 2. President The President of the Executive Committee shall exercise supervision over all the affairs of the Association and its several officers, and shall perform all duties identified by herein the NDDTSEA By laws and such further duties as may, from time to time, be required. The President shall have the power, with the approval of the Executive Committee, to appoint committee members and chairman. The President shall be an ex-officio member of all standing and temporary committees. President duties include:

  • Call and preside over Executive Committee and Annual Member’s Business meetings
  • Formulate and promote NDDTSEA safety and operation policies
  • Oversee and administer the NDDTSEA annual work plan
  • Represent NDDTSEA at events, conferences and meetingswith the approval of the EC
  • Ensure the fiscal stability of the NDDTSEA by working with the Treasurer and Executive
  • Committee to develop annual budgets



Section 3. President Elect At the request of the President, or in his/her absence or disability, the President Elect shall perform all the duties and responsibilities of the President. Upon the resignation or permanent future absence of the President, the President Elect shall immediately assume the office and all responsibilities of the President with the assistance of the Immediate Past President.


Section 4. Secretary/Treasurer The NDDTSEA Executive Committee Secretary/Treasurer shall:

  • Give all required notices and keep the minutes of NDDTSEA meetings
  • Keep attendance at all such meetings
  • Maintain the official records of the NDDTSEA
  • Be responsible for keeping an accurate, up-to-date list of all members of the NDDTSEA
  • Safe keep and maintain the by laws of the NDDTSEA
  • Perform such other duties as may be assigned by the Executive Committee and all duties usually incident to the office of Secretary
  • Shall serve as chair of the public relations committee
  • Shall be responsible for all correspondence to members and others with the President’s approval
  • Keep and maintain the financial records of the NDDTSEA
  • Collect all dues
  • Receive and have charge of all moneys, bills, notes and similar property belonging to the NDDTSEA
  • Keep such financial accounts as may be required by the Executive Committee
  • Present reports of the finances of the NDDTSEA at annual meetings and at any other time the
  • Executive Committee may direct
  • Sign checks when necessary
  • Arrange audits, reviews, tax preparations and required filings as necessary
  • Perform such other duties as may be assigned Executive Committee and all duties usually incident to the office of Treasurer

Upon absence, disability, or resignation of the President, where the President Elect is not able to assume the duties of the President the Secretary/Treasurer shall assume the office and all responsibilities of the President until such time as the members vote for a new President. The Secretary-Treasurer shall keep an accurate record of all meetings of the Association and pass therecords on the future Secretary-Treasurer at the end of his/her term in office.


Section 5. Bonds The members of the NDDTSEA Executive Committee shall be bonded for the faithful performances of duties. The cost shall be paid by the NDDTSEA.


Section 6. Regional Chairpersons The Regional chairperson shall be responsible for administering Association affairs within their respective regions.

Section 7. Executive Committee The Executive Committee shall: Assist the President in matters where his/her decision will affect the policy and welfare of the Association Review and evaluate the work for the various committees and keep the Association informed of such reviews and evaluations Review the provisions of the Bylaws and recommend changes when deemed necessary Perform, subject to approval by the Association, such other duties as may be necessary for the efficient functioning and administration of the Association Act on emergency measures affecting the Association between meetings. In addition to the duties of the officers as outlined in other sections of this article, the officers shall perform other duties as usually pertain to their offices in an organization.



ARTICLE VII Committees

After the annual meeting, the President, with the approval of the Executive Committee, shall appoint Standing Committees as deemed necessary.



ARTICLE VIII Regions

The Association shall be divided into four (4) regions. These regions will be composed as follows: NORTHEAST REGION:Benson County, Cavalier County, Eddy County, Grand Forks County, Griggs County, Nelson County, Pembina County, Pierce County, Ramsey County, Rolette County, Steele County, Towner County, Traill County, Walsh County SOUTHEAST REGION:Barnes County, Cass County, Dickey County, Foster County, Kidder County, LaMoure County, Logan County, McIntosh County, Ransom County, Richland County, Sargent County, Stutsman County, Wells County NORTHWEST REGION:Bottineau County, Burke County, Divide County, McHenry County, McKenzie County, McLean County, Mountrail County, Renville County, Sheridan County, Ward County, Williams County SOUTWEST REGION:Adams County, Billings County, Bowman County, Burleigh County, Dunn County, Emmons County, Golden Valley County, Grant County, Hettinger County, Mercer County, Morton County, Oliver County, Slope County, Sioux County, Stark County



ARTICLE IX Notice

Wherever in these Bylaws notice is required to be given, such notice shall be deemed to have been delivered and received if addressed to the Member or Member’s Designated Voting Representative, as the case may be, at the address as it appears on the records of the NDDTSEA.

ARTICLE X Dissolution

Upon the dissolution of the NDDTSEA, any assets not otherwise provided for by law shall be liquidated and distributed to any one or more nonprofit organizations as selected by the NDDTSEA Executive Committee.



ARTICLE XI Amendments

An amendment to these Bylaws may be introduced at any regular meeting of the Association by any member. An amendment may be voted upon and ratified by a two-thirds majority vote of the Active Members present, provided that the Secretary/Treasurer has received a written copy of the proposed amendment, and each member has a copy of such at least thirty (30) days prior to the time at which that vote is taken. The method of voting on amendments shall be determined by the Executive Committee.



ARTICLE XII Fiscal Management



Section 1. Fiscal Year The NDDTSEA’s fiscal year shall be conference date to conference date.


Section 2. Annual Budget The Executive Committee shall prepare an annual budget for review and approval by the Membership. This budget will contain project descriptions, including estimated costs, and the estimated operational costs of the NDDTSEA. This annual budget shall be distributed to the Membership one (1) month prior to the conference date each year and approved by the Membership at the conference each year.


Section 3. Expenditures On an annual basis, the Executive Committee shall distribute to the Membership a detailed description of all NDDTSA expenditures. NDDTSEA will only pay expenses with prior approval as long as your agency is not paying for your expenses.


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