NORTH CAROLINA
JAIL ADMINISTRATORS’
ASSOCIATION
CONSTITUTION & BY-LAWS
Adopted October 10, 2001
Amended October 6, 2004
Amended October 5, 2005
NORTH CAROLINA JAIL ADMINISTRATORS’ ASSOCIATION
CONSTITUTION & BY-LAWS
ARTICLE I
NAME OF THE ASSOCIATION
The name of this organization shall be the North Carolina Jail Administrators’ Association. Its principal place of business shall be Raleigh, North Carolina.
ARTICLE II
ORGANIZATIONAL PURPOSE
The mission of the North Carolina Jail Administrators’ Association is to encourage and facilitate professionalism through effective and timely training and the exchange of information between jail professionals. Our goal is to foster respect, friendship, and good will among all jail professionals and to promote a positive image to the community and citizens we serve.
The North Carolina Jail Administrators’ Association will not endorse or lobby for or against any legislation or political position. It will not endorse candidates, political parties or ideologies, nor will it engage in any other political activities.
ARTICLE III
MEMBERSHIP
Membership will be open to all North Carolina sheriffs, jail administrators, state-certified detention officers, and other members as defined in the classifications listed below.
(A) ACTIVE MEMBERS-
(1) Persons who hold probationary, general or grandfather Detention Officer certification issued by the North Carolina Sheriffs’ Education and Training Standards Commission on the date of application and subsequent renewals unless such certification has been revoked, suspended or denied;
(2) Persons who have been previously certified as a Detention Officer by the NC Sheriffs’ Education and Training Standards Commission, and who have retired in good standing with their respective agency.
(3) Every North Carolina sheriff, elected or appointed, and the Executive Vice-President of the North Carolina Sheriffs’ Association.
(B) LIFE MEMBERS- Persons who are current or former members of the North Carolina Jail Administrators’ Association who have rendered extraordinary service to the detention profession or the North Carolina Jail Administrators’ Association and who have been elected to life membership by the Board of Directors. All persons elected to life membership prior to October 7, 2005 are considered active members, with all the rights and privileges thereof. All persons elected to life membership on or after October 7, 2005 who were active members when elected to life membership are considered active members, with all the rights and privileges thereof. All persons elected to life membership on or after October 7, 2005 who were other than active members when elected to life membership are considered associate members, with all the rights and privileges thereof.
(C) ASSOCIATE MEMBERS- Persons who are not otherwise eligible for active membership, including members of the general public who support the mission and goals of the North Carolina Jail Administrators’ Association and who promote professionalism in the field of jail services. Associate members have the same privileges as active members, except the right to vote or to hold office.
(D) CORPORATE MEMBERS- Businesses, corporate entities or other organizations that support the North Carolina Jail Administrators’ Association and that promote professionalism in the field of jail services. Corporate members have the same privileges as active members, except the right to vote or to hold office.
ARTICLE IV
MANAGEMENT
Section 1.
BOARD OF DIRECTORS. The Board of Directors shall manage the business affairs of the North Carolina Jail Administrators’ Association. The Board of Directors shall consist of fifteen voting members, including twelve elected members, the Executive Vice-President of the North Carolina Sheriffs’ Association and two sheriffs appointed by the President of the North Carolina Sheriffs’ Association. Individual members of the Board of Directors shall be referred to as a “Director.”
Section 2.
TERMS OF OFFICE. Effective the 2009 annual conference, elected Directors shall hold their offices for a term of three years, which shall be staggered, with four members elected during each annual conference. Three year terms of office shall be implemented by electing new Directors to variable terms of office during the 2006, 2007 and 2008 annual conferences and/or by extending terms of offices for existing Directors, as approved by the Board of Directors. Effective the 2009 annual conference, all Directors will be elected to three year terms.
Section 3.
REPRESENTATION ON THE BOARD OF DIRECTORS. No more than two members of the same agency shall serve on the Board of Directors at the same time.
Section 4.
ORDER OF MEETINGS.
A. The agenda for the Board of Directors meetings shall include, but is not limited to, the following:
1. Call to Order.
2. Invocation/Prayer.
3. Welcome.
4. Report from Secretary.
5. Report from Treasurer.
6. Report from Committees.
7. Old or Unfinished Business.
8. New Business.
9. Open Discussion.
10. Adjournment.
B. No alcoholic beverages will be served or present during meetings of the North Carolina Jail Administrators’ Association. No NCJAA funds shall be used to purchase alcoholic beverages.
C. The Rules of Order for the North Carolina Jail Administrators’ Association shall be Robert’s Rule of Order, in its most recent revision, in all instances not covered by the Constitution and By-Laws.
ARTICLE V
ELECTION OF DIRECTORS
A member must be present to vote for the Board of Directors. Absentee or proxy ballots are not allowed.
Only active members and life members eligible to vote may serve on the Board of Directors. Directors shall serve three-year terms, which shall be staggered. Four Directors will be elected by vote of the active membership present and voting at each annual conference.
After the election and prior to the end of the annual conference, the Board of Directors shall elect the offices of President, Vice-President, Secretary and Treasurer from those persons elected to the Board of Directors. One person may hold the offices of Secretary and Treasurer. These offices will be held for a period of one year or until such time as their successors have been duly elected and qualified. The Board of Directors will announce the assignment of offices prior to the conclusion of the annual conference. .
The President, Vice-President, Secretary and Treasurer serve at the pleasure of the Board of Directors. Any officer may be removed from their special office by 2/3 vote of the Directors present during any regular or called meeting. The Board of Directors may assign additional duties and responsibilities to the President, Vice-President, Secretary and Treasurer.
ARTICLE VI
CERTIFICATE OF MEMBERSHIP
A member of the North Carolina Jail Administrators’ Association shall receive a certificate of membership in the classification to which that member belongs. The certificate shall entitle the member to all rights and privileges of the classification. A certificate shall not entitle a member to any pecuniary or financial gain of any form. If a member resigns, fails to pay dues or assessment or is otherwise suspended, revoked or expelled, the member shall forfeit any and all rights or interests in the property of the North Carolina Jail Administrators’ Association and shall surrender the certificate of membership, which shall be immediately canceled.
ARTICLE VII
THE BOARD OF DIRECTORS
Section 1.
The Board of Directors shall have full power and authority between annual and special conferences to perform all functions that the North Carolina Jail Administrators’ Association might perform except:
(1) As specifically limited by the Constitution and By-Laws; and
(2) As specifically limited by those specific powers and duties granted solely to other authorities by the Constitution and Bylaws.
Section 2.
The Board of Directors shall be bound by the action taken by a vote of the majority of the active members present during any duly-convened annual or special conference.
Section 3.
A. A regular meeting of the Board of Directors shall not be convened without notice to all Directors at least seven days in advance of the meeting. Notice may be in person, email, telephone or facsimile, or by first class U.S. Mail postmarked at least seven days in advance of the meeting.
B. Special meetings of the Board of Directors will be held only:
(1) By order of the President;
(2) By the Vice-President, in the absence or disability of the President (Example: the President declares himself temporarily unable to perform his duties); or
(3) By written request of any six Directors.
Twenty-four hours notice of all Directors is required for special meetings of the Board of Directors, except during a duly-convened annual or special conference. Notice may be in person or by email, facsimile or telephone. The specific purpose(s) of a special meeting must be announced when notice is given and no other business may be transacted. A quorum must be present to transact business.
Section 4.
The Board of Directors may employ personnel as necessary to conduct or carry out NCJAA business and activities. The Board of Directors shall determine the powers, duties and remuneration of these employees.
Section 5.
The President shall vote only in the case of a tie.
Section 6.
A majority of the Board of Directors shall constitute a quorum for the transaction of business. Except where otherwise specified in the Bylaws, a majority vote of the Directors present shall authorize a transaction of business.
Section 7.
A. The Board of Directors may fill vacancies for any unexpired term in any elective position. An appointee shall remain in the appointed position until the expiration of that particular term of office.
B. A vacancy exists when:
(1) The Board of Directors determines by resolution that such a vacancy exists;
(2) An officeholder dies;
(3) The officeholder is incapable of or fails to perform the duties of his office, as determined by the Board of Directors; or
(4) There is a change in the officeholder’s active membership status.
ARTICLE VIII
DUTIES OF OFFICERS
Section 1.
BOARD OF DIRECTORS
Each Director shall:
(1) Attend all scheduled meetings unless excused by the President.
(2) Participate in all meetings for the approval of the expenditure of funds, entering into contracts, and otherwise conducting the general business of the North Carolina Jail Administrators’ Association.
Section 2.
PRESIDENT
The President shall:
(1) Preside at all regular and special meetings of the Board of Directors and conferences.
(2) Call regular and special meetings of the Board of Directors, except as specified in Article VII, Section 3 (B)(2) and (B)(3.)
(3) Give direction and leadership to the North Carolina Jail Administrators’ Association in its efforts to accomplish its mission and goals.
(4) Appoint temporary officers in the case of extended absences.
(5) Appoint committees and committee chairpersons.
(6) Be authorized to sign checks drawn against the funds of the NCJAA.
(7) Serve as Ex-Officio member of all committees.
(8) Not vote, except to break a tie vote.
(9) The President may appoint the outgoing President to serve as an advisor. The out-going President will be notified of all meetings and may attend, but may not vote.
The President’s decision in conducting meetings shall be final unless contrary to the Bylaws or unless reversed by 2/3 vote of the Board of Directors present during the meeting.
Section 3.
VICE-PRESIDENT
The Vice-President shall act as presiding officer during the temporary absence or disability of the President. The Vice-President shall succeed to the office of President in the event of the death, disability, resignation or removal from office of the President and shall serve the unexpired term of the outgoing President.
Section 4.
SECRETARY
The Secretary shall:
(1) Maintain a written record of minutes all NCJAA meetings.
(2) Publish and distribute minutes of previous meetings for approval at the next board meeting.
(3) Give notice of meetings as required by the Bylaws.
(4) Be authorized to sign checks for disbursement of NCJAA funds.
(5) Be authorized to disburse monies for necessary incidental expenses such as stationery, postage, mailing expenses, printing, etc.
(6) Draw NCJAA orders and correspondence
(7) Perform other duties required by the President.
Section 5.
TREASURER
The Treasurer shall:
(1)Ensure the collection of all dues and maintain a full accounting of such funds at the regular annual conference and during all regular and special meetings of the Board of Directors.
(2)Be authorized to disburse monies for such necessary incidental expenses such as stationery, postage, mailing expenses, printing, etc.
(3) Place funds in appropriate account(s) to the credit of the Association.
(4) Keep an ongoing accurate record of all accounting transactions of the NCJAA and maintain a file of all associated documents.
(5) Maintain oversight responsibility for supervision of the daily operation of the NCJAA office.
(6) Perform other duties as required by the President.
ARTICLE IX
COMMITTEES
Section 1.
The President shall appoint, at a minimum, the following standing committees at the first meeting of the Board of Directors following the annual conference.
(1) Awards
(2) Conference
(3) Membership
(4) Newsletter
(5) Nominating
(6) Training
The President may appoint any other special committees as needed. Special committees shall be dissolved at the conclusion of their assigned project or operation.
Committees shall consist of a chairman appointed by the President and at least two members approved by the President.
Section 2.
The Board of Directors shall have the power to remove any member of any committee by 2/3 vote of the Directors present during a regular or special meeting.
ARTICLE X
DUES
Section 1.
The Board of Directors shall approve the annual dues for each classification of membership. The initial dues payment by a member will cover a period ending on the last day of June. Renewal memberships will be due annually on the first day of July.
The Executive Vice-President of the North Carolina Sheriffs’ Association and all North Carolina sheriffs, elected and appointed, are ex-officio members of the North Carolina Jail Administrators’ Association and are not required to pay dues or assessments.
Section 2.
Membership is automatically terminated and membership benefits are automatically forfeited without further action whenever:
(1) Dues or other indebtedness of a member remains unpaid for a period of thirty (30) days past the due date;
(2) There is an interruption in membership status or requirements. Payment or current dues may reactivate an active member’s membership benefits within six months of the membership termination. If the dues are not paid within six months, the member shall submit a new application for membership.
(3) The Board of Directors shall constitute a Board of Inquiry for the purpose of determining the facts of any allegations of the above. The findings of facts shall be final and binding for suspension or revocation of membership.
ARTICLE XI
ACTS RESULTING IN SUSPENSION OR REMOVAL OF MEMBERS
Members shall be suspended and/or removed from the North Carolina Jail Administrators’ Association in cases of:
(1) Proven acts of conduct detrimental to the North Carolina Jail Administrators’ Association including, but not limited to, conduct unbecoming a member.
(2) Proven acts detrimental to professional jail service or to the criminal justice system.
(3) Conviction or commission of any felony or Class B misdemeanor as defined by N.C. State Administrative Code.
ARTICLE XII
CONFERENCE
The Board of Directors shall determine the time and place of the annual conference and of any special conference. The Secretary shall notify all NCJAA members of such conferences by U.S. Mail at least thirty (30) days prior to the event.
ARTICLE XIII
AMENDMENTS
The Constitution and By-Laws of the North Carolina Jail Administrator’ Association shall be amended only at an annual conference or at a special conference called for that purpose.
A proposed amendment may be submitted by the Board of Directors or by petition of an active member. Proposed amendments shall be presented in writing to the Secretary and distributed by U.S. Mail to all members at least thirty days in advance of an annual or special conference. A thirty day notice is required for members to consider any changes to the bylaws.
A 2/3 majority of the eligible voting members present during a duly-convened conference shall be sufficient to adopt an amendment.
ARTICLE XIV
DISTRIBUTION OF FUNDS UPON DISSOLUTION
Upon the legal dissolution of the North Carolina Jail Administrators’ Association, the Board of Directors shall pay all outstanding debts and obligations and place whatever funds are remaining into a trust fund payable in proportion to members who are in good standing at the time of the dissolution. The Board of Directors shall deposit all funds belonging to the North Carolina Jail Administrators’ Association with a trust company qualified to accept trusts in the State of North Carolina and shall create a trust indenture implementing the terms of this Article.
ARTICLE XV
DUTIES OF MEMBERS
Section 1.
All members shall render proper and faithful adherence to the laws of North Carolina and of the United States, shall abide by the North Carolina Jail Administrators’ Association Constitution and By-Laws, and shall faithfully discharge the duties of their office.
Section 2.
No member shall use the North Carolina Jail Administrators’Association as a means for personal political advancement in any manner.
Section 3.
All members shall promptly pay all dues and assessments.
Section 4.
When a member no longer meets the criteria for membership setforth by the Constitution and By-Laws, the member is required to notify the NCJAA office within five days of such change. Failure to do so within five (5) business days may result in total loss of membership for the remainder of that year. Except as provided below, the member’s status shall be changed to associate member.
Any member whose detention officer certification by the N.C. Sheriffs’ Education and Training Standards Commission is revoked or denied shall be expelled from North Carolina Jail Administrators’ Association.
An expelled member may apply for a review of status by the Board of Directors, which shall review such requests at the next regularly-scheduled meeting. A majority of the members of the Board present may render a decision.
Membership dues are not refundable when membership is revoked.
Section 5.
The Board of Directors shall suspend or remove any elected Director who loses the status of active member. The Board of Directors may also remove any elected member of the Board for failure to perform the duties of office or for gross misconduct. A Director shall be removed by a 2/3 vote of the remaining Directors present during the meeting.
Section 6.
A member whose application for membership was submitted with fraudulent information or with misrepresentation of facts shall have that application canceled and shall forfeit any and all benefits and any privileges afforded by that membership. The Board of Directors may grant a hearing to consider reinstatement of that membership upon written request of the member.
ARTICLE XVI
COMPENSATION
The Board of Directors may compensate members of the North Carolina Jail Administrators’ Association for special work or expenses.
NOTICE OF ADOPTION OF AMENDMENTS
The Constitution and By-Laws of the North Carolina Jail Administrators’ Association was approved, adopted and/or revised on this sixth day of October, 2005.
Signatures of Officers of the North Carolina Jail Administrators’ Association:
PRESIDENT______________________________________________DATE______
VICE-PRESIDENT__________________________________________DATE______
SECRETARY______________________________________________DATE______
TREASURER______________________________________________DATE______
