ARKANSAS FIRE MARSHALS ASSOCIATION
CONSTITUTION AND BY-LAWS (Revised 10/26/2007)
ARTICLE I – NAME, MISSION STATEMENT, AND OBJECTIVES
Section 1. Name – This organization shall be known as the Arkansas Fire Marshal’s Association (AFMA).
Section 2. Mission Statement – “The mission of the Arkansas Fire Marshal’s Association is to improve public safety through a network of fire service professionals dedicated to Fire Prevention, Legislation, Code Enforcement, and Public Education.
Section 3. Objectives – The objectives of the Arkansas Fire Marshal’s Association shall be:
To unite for mutual benefits those public officials and private persons engaged in fire and building code activities
To provide for the exchange of technical information and interpretation of fire and building codes
To encourage the cooperation between public service agencies and associations, to further fire prevention and code development, and to prevent threats to life and property.
To encourage high professional standards of conduct among enforcement officers and to continually strive to eliminate all factors which interfere with administration of the Arkansas Fire and Building Code Enforcement
To foster greater professional competency in Fire Marshal’s techniques and recognition of code compliance
To insure public safety through supporting fire safety education programs on the state and local level
Section 4. The Arkansas Fire Marshals Association has established itself as a Chapter of the International Fire Marshals Association (IFMA) a membership section of the National Fire Protection Association.
Section 5. When the AFMA conducts business related to IFMA, it shall comply with and adhere to all applicable requirements and restriction of the Constitution and Bylaws of the IFMA as such pertain to chapters thereof. Including without being limited to, those requirements set forth in Article 7 of the Bylaws of the IFMA or any successor article thereto.
Section 6. The AFMA will hold harmless and indemnify the National Fire Protection Association and/or the IFMA from and against any and all suits, damages, loss, costs, or other liabilities which may threaten or accrue to the IFMA or the NFPA, as a result of the acts or activities or failure to act by the AFMA.
ARTICLE II – MEMBERSHIP
Section 1. Active Membership – any representative of government or of a government agency actively engaged in some phase of fire prevention and safety activities, at the time he or she makes application, shall be eligible for active membership upon application. Such person should posses other qualifications for membership and provided such a person is not less than twenty-one years of age, at the time he or she makes the application. Active membership shall include all voting rights and privileges of the organization. Active Membership Fee shall be set a $20 per calendar year.
Section 2. Associate Membership – A person not qualified for active membership may become an associate member, after determination of their qualifications by the Membership Committee. The AFMA may, by a majority vote of active members present, exclude associate members from any particular business meeting. Associate Members shall have all rights and privileges of an active member, with the exception of voting and holding office. Associate Membership Fee shall be set a $20 per calendar year.
Section 3. Honorary Life Membership – The AFMA may, by majority vote of members present at the time of the fall meeting, confer Honorary Life Membership upon any person qualified for membership, who has rendered distinctive service to the AFMA or to its purposes. An Honorary Life Member shall have all the rights and privileges without the payment of dues. Nominations for Honorary Life Membership shall be made to the Board at least sixty days prior to voting thereon. No more than two nominations for such memberships may be made in any one year.
Section 5. Personal Qualifications – Prior to voting upon each application, the Board shall give due consideration to the following; among other considerations it deems applicable, to wit: (1) the personal character and reputation of the applicant, (2) the nature, character, and reputation of the applicant’s business, (3) the character and reputation of the applicant’s employer and associates, and (4) the general nature, character and reputation of the principle business of the applicant’s employer and associates. No person shall be eligible for any class of membership if he or she is a member or has been a member of a subversive organization or of any organization whose objectives and operations are inconsistent with the purposes of the Arkansas Fire Marshal’s Association.
Section 6. Termination – Memberships in the AFMA may be terminated by (1) voluntary withdrawal, which should be submitted in writing to the President and/or the Secretary, (2) notification by the Secretary when, after notice, such member is in arrears in payment of dues or any other obligation to the AFMA, or (3) by the consent of a majority vote of the Board of Directors, if the applicant is still within the aforementioned temporary status period.
Section 7. Elimination – The Board may censure any member or may terminate membership of any member in the event, (1) such member falsified his or her application or made misrepresentation therein, (2) such member has conducted himself or herself in such a manner as is prejudicial to the good or the best interest of the organization, or (3) such member has exhibited traits of character of conduct inconsistent with the qualifications for membership in this organization. In cases subject to this Section, the Board shall provide such member with a hearing, due notice, and an opportunity to be heard. A majority of the Board present in a duly constituted meeting shall be sufficient to cause censure or termination of membership for any reason specified in this Section.
Section 8. Reinstatement – Any former member may be reinstated to the AFMA at the discretion of and a majority vote of the Board. However, if such a former member shall have been in arrears in the payment of dues or other financial obligation to the organization at the time of his or her separation, he or she shall be required to pay the AFMA all such arrears as a condition to his or her reinstatement, unless the Board, by a majority vote and for good cause shall waive the payment thereof.
ARTICLE III – ELECTION, TERMS, AND OFFICES
Section 1. Eligibility of Office – Active members of the AFMA shall be eligible to hold office, and may succeed themselves.
Section 2. Officers – The Officers of the AFMA shall be the President, Vice-President, and Secretary/Treasurer.
Section 3. Board of Directors – The Board of Directors shall consist of the President, Vice President, Secretary/Treasurer, five (5) other members of the AFMA duly elected, the immediate Past President and the Arkansas State Fire Marshal or his designee.
Section 4. Terms of Office –
Each duly elected officer shall serve a term of one year
The elected members of the Board of Directors shall serve on a staggered term basis so that at least two Board Members will be elected to serve a (3) year term.
The Immediate Past President is not elected and serves until such time he or she is replaced by the President – elect.
The State Fire Marshal or his designee is not elected
Section 5. Elections – The officers and Board of Directors shall be elected at the annual meeting. Elections shall be by ballet and a majority of the votes cast shall elect.
Elected officers shall serve such term as designated in the by-laws until his or her successor is duly elected
Section 6. Removal from Office and/or Membership – The Board of Directors shall have the power to remove from office by majority vote, any officer or member of the AFMA for any of the following reasons:
Conduct or actions that would tend to discredit or lead to disrepute of the AFMA
For good cause, as submitted in writing by any member of the AFMA
Any officer or member shall have the right to appeal. Appeals shall be submitted in writing, at least thirty (30) days following the removal, to the Board of Directors via the Secretary
Section 7. The President, subject to approval of the Board of Directors, shall bi-annually appoint such standing committees or subcommittees as may be required by the by-laws or as he or she may deem necessary.
Section 8. Standing Committees –
Education Committee – The President shall appoint a chairman and as many members as he or she may deem necessary to serve as the Educational Committee to carry out the AFMA objectives as set forth in Article I, Section 3, of the by-laws
Legislative Committee – The President shall appoint a chairman and as many members as he or she may deem necessary to serve on the Legislative Committee to carry out the AFMA objectives as set forth in Article I, Section 3, of the by-laws
Audit Committee – The Audit Committee shall consist of three active members and shall be chaired by the Vice-President. The committee shall make an audit of the accounts of the Secretary/Treasurer at each fall meeting and shall verify the assets and liabilities of the AFMA
Members of all committees serve at the pleasure of the President and their activities on such committees shall be terminated on the expiration of the appointing President.
ARTICLE IV – GOVERNMENT
Section 1. The Government of the AFMA shall be vested in the Board of Directors.
Section 2. The Board of Directors shall have supervision and control of the affairs of
the AFMA, shall determine its policies or changes therein; within the limits of the by-laws, shall actively pursue objectives, and shall have discretion in the disbursement of the organizational funds.
Section 3. The President, Vice President, and Secretary/Treasurer shall be members of the Board and have the right to vote.
Section 4. The AFMA President shall act as Chairman of the Board of Directors and shall preside over all the meetings of the Board.
Section 5. Meetings – Except that the board shall have a regular meeting at the time and place of the annual meeting, the Board shall meet upon call of the President at such time and place as he may designate, and shall be called to meet upon demand of the majority of the membership of the AFMA. All Board meetings shall be open to all members, except for executive sessions, as called by the President.
Section 6. Quorum – A majority of the Board shall constitute a quorum at any meeting of the Board. Any less number may adjourn from time to time until a quorum is present. A “majority” is defined as 2/3 or more of the members present. When necessary to address issues in a timely fashion the Board has the option to meet by means of electronic format. If the board chooses to meet electronically one hundred (100) percent of the Board shall be involved in the decision-making process. If a member of the board in unable to participate due to health issues he/she then one hundred (100) percent of the remaining board members shall be involved in the decision-making process.
Section 7. Official Order of Business – (Roberts Rules of Order)
Call Meeting to Order
Reading and approval of minutes from previous meeting
Reports of Officers
Reports of Committees
Election of Officers (Annual Meeting)
Section 8. Absences and Vacancies – Any member of the Board of Directors unable to attend a meeting shall notify, preferably in writing, the President or Secretary and state the reason for absence. If the Board Member is absent from two (2) consecutive meetings for reasons the Board has deemed insufficient, their resignation may be deemed to have been tendered and accepted. If any vacancies occur on the Board by reason of death, resignation, or otherwise, may be filled by the President, with the approval of the remaining board members. In the event of a vacancy in the office of President, Vice President, or Secretary/Treasurer, between the spring meetings, the vacancy or vacancies shall be filled by the Board of Directors, and the newly appointed officer or officers shall hold office only until the next spring meeting. An officer elected to fill such vacancy shall serve until the expiration of the term of the vacated office.
Section 9. President – The President shall be the Chief Executive Officer of this organization and shall preside at meetings of this organization and the Board of Directors. The President, at the annual meetings and at such other times as is deemed proper, shall communicate matters to the membership or the Board of Directors, as may, in his or her opinion tend to promote the welfare and increase the usefulness of the AFMA and shall perform other duties as are necessary incidental to the office of President, or as may be prescribed by the Board of Directors.
Section 10. Vice President – In the absence of the President the Vice President shall be the Chief Executive Officer, and shall act as such. The Vice President shall be the chairman of the Audit Committee.
Section 11. Secretary/Treasurer – The Secretary/Treasurer shall keep the records and minutes of the organization and shall maintain the roll of members, the by-laws, and all other documents of value. He or she shall be the custodian and sole depositor of the funds of the organization for the purposes which promote the welfare and objectives of the organization. He or she shall render a complete summary of all income, disbursements, and balances, whenever requested by the Board of Directors, and to members at each regular meeting. A written copy of this report shall be made available to any member upon request. He or she shall receive and acknowledge all communications of the AFMA addressed to him or her that may be submitted to him or her by officers of the AFMA, and perform such duties as assigned by the President.
ARTICLE V – FINANCE
Section 1. Dues – Dues for Active and Associate Membership in the AFMA shall be proposed by the Board of Directors and must be concurred by a majority vote of the members present at the fall meeting.
Section 2. Audit – The Audit Committee shall make an audit of the accounts of the Secretary/Treasurer at each annual meeting and shall verify all assets and liabilities of the AFMA.
Section 3. Gifts and Grants – All gifts or grants to the AFMA may be accepted by the Board of Directors. The Secretary/Treasurer shall make proper acknowledgement of all such gifts or grants accepted.
ARTICLE VI – AMENDMENTS
Section 1. The Constitution and by-laws may be amended, repealed, or altered, in whole or in part, by two-thirds (2/3) vote of attending active members at any regular or special called meeting of the AFMA, provided that a copy of any amendment proposed for consideration shall be mailed (mail shall be defined as delivery either by postal service or electronically) to the last recorded address of each active member at least thirty (30) days prior to the date of the meeting, and such members be notified of the place and time such vote is to be taken. If an issue arises that merits an emergency amendment to the bylaws the Board shall vote to mail a copy to all active members. Emergency amendment votes shall be returned to the Secretary/Treasurer within thirty (30) days. Emergency amendment shall need a majority of the vote to pass. The Secretary shall produce the results of the vote at the next meeting upon the request of any active member.