WVSPS Bylaws

Bylaw 1

Membership

Section 1. Membership applications may be received at either the state or chapter level and reviewed for eligibility by the Membership Committee. If deemed to be eligible by the Chapter Membership Committee, the applicant shall be added to the rolls and the Association notified. If deemed to be eligible by the State Membership Committee, the applicant will be added to the state membership rolls and the chapter notified.

Section 2. Membership in the Association imposes the obligation to uphold the honor and dignity of the surveying profession. It is therefore required of members to be similar with ethical and legal standards, to observe them to aid in preventing violations by others and to be similar with the Association policies and procedures relating to handling of a alleged violations.

Section 3. Violation of the Association Constitution and bylaws, the Code of Ethics, or for conviction of a felony shall be considered as just cause of discipline as hereinafter provided.

Bylaw 2

Discipline

Section 1. Charged or complaints of alleged violations of the Code of Ethics or of laws and regulations governing the Land Surveying profession may be filed in writing by anyone having factual knowledge of the matters; charges concerning the Constitution and Bylaws shall be filed by a member in good standing. Each member is responsible to render written reports of factual knowledge he has of alleged violations of the Code of Ethics. Such charges may be filed with the Chairman of the Peer Review Committee of the Association or of a Chapter.

Section 2. An initial informal investigation of alleged violations will be made by the Peer Review Committee of the chapter concerned. When such informal investigations indicate that a formal investigation is advisable, the Association president shall direct the Association Peer Review Committee to conduct a formal investigation and recommend whether or not a hearing is warranted.

Section 3. Hearings will be conducted by the Executive Committee and the Executive Committee shall render a decision in the matter.

Section 4. The accused shall have the right to appeal the decision to the Board of Directors, in which case the Executive Committee members who sat earlier shall not participate in the appeal proceedings.

Section 5. A two-thirds (2/3) vote of the Executive Committee, or the Board in an appeal, shall be necessary to a finding sustaining in a charge or charges. Thereafter the penalty shall be determined by majority vote.

Section 6. Disciplinary action may be taken by the Association against a member who resigns his membership after charges of unethical conduct have been filed against such member, in which case the former member shall have the same rights of defense and procedure as prescribed for members in good standing. In the case of resigned members, the Association may issue a notice of censure or prescribe that the Association records show that such member shall not be eligible for membership for a stipulated number of years, or indefinitely; or both, and may publish its findings.

Section 7. If a Licensed Land Surveyor is charged who is not a member he will be advised of the charges and offered the service of the Association in investigating and adjudicating the charges. If he consents, the case will be handled in the established manner.

Section 8. The person who filed the charges will be notified of the final decision and it shall be published in the official publication of the Association unless the Executive Committee or the Board shall have determined that the ends of the justice would be better served by withholding publication.

Section 9. The Board shall adopt and publish a policy and procedures to govern the handling of such matters. The procedures shall provide for due process, for representation by counsel, for cooperation and exchange of information with and recommendations to the State Board of Examiners of Land Surveyors for recording and disposition of records, for use of advisory counsel by the Association and for cooperation with other state societies and the ACSM as appropriate.

Bylaw 3

Chapters

Section 1. A chapter may organize within the provisions of the Constitution and Bylaws of the Association and may, upon application receive a charter from the Association and then be known as a chapter of the Association.

Section 2. A charter may be issued upon approval of an application by the Board and shall be signed by the President and the Executive Director or Secretary of the Association.

Section 3. In advance of the Association's Annual Meeting, each chapter shall elect officers and directors as required. The secretary of each chapter shall send a report of such election results to the Association office at least thirty (30) days prior to the date fixed for the Annual Meeting.

Section 4. The Board may authorize and issue charters for student chapters at colleges in the state. Rules and regulations for the organization and operation of student chapter shall be determined by the Board and shall be designated according to the policies of the Association.

Each student chapter shall have a faculty advisor who shall be a member of the Association. Each student chapter shall have a liaison officer from the sponsoring chapter who shall not be directly affiliated with the college or school involved. The liaison officer shall be appointed by the sponsoring chapter.

Bylaw 4

Affiliated Groups

Section 1. Local and state chapter ladies auxiliaries may be established with the approval of the chapter and state membership. The purpose of an auxiliary shall be to assist in promoting the best interest of the Licensed Land Surveyor and the Association. The auxiliary shall be responsible to the chapter or state Association, respectively, for its policies including ratification of auxiliary bylaws.

Bylaw 5

Fiscal

Section 1. The fiscal year of the Association shall be from January 1 through December 31.

Section 2. The administrative year of the Association is stipulated in the Constitution, Article VII, Section 7.

Bylaw 6

Dues

Section 1. Dues become payable and due January 31 of each year to become a member in good standing.

Section 2. The dues for membership in the Association stipulated in the Constitution, Article V, Section 2. Dues include a year's subscription to the official publication of the State Association.

Section 3. Members admitted after July 31 of any fiscal year shall pay dues prorated at the rate of 1/12 the annual fee for each full remaining month of the fiscal year.

Section 4. Statements for annual association dues shall be mailed to each member thirty (30) days prior to the beginning of the fiscal year.

Section 5. If the dues of any member remain unpaid six (6) months after due date, said member shall be listed as "delinquent" and shall be removed from the mailing list to receive all publication issued by the Association. If the dues of any member remain unpaid nine (9) months after due date, said member shall be dropped from the rolls of the Association as a member. The request of such person for re-admission must be accompanied by dues for the current year, or by compliance with Section 3.

Section 6. A member can become eligible for a special disability membership with waiver or reduction of dues after meeting the requirements as set forth by the State Association.

Section 7. After five (5) years of continuous membership an application for waiver of one-half (1/2) dues and after ten (10) years an application for waiver of full dues, because of disability of a total and permanent nature, may be made a member, in writing. Such application, if approved by the chapter shall be submitted to the Association for final approval.

Section 8. Upon receipt of a bachelor's degree in land surveying, Student Members in good standing shall be advanced without filing an application to the next higher membership grade for which qualified, except that graduate students may retain Student Membership by written request to the Association.

Bylaw 7

Control of Funds

Section 1. All funds of the Association shall be deposited in the name of the Association. The president or the treasurer, under the direction of the Board of the Association shall approve the disbursement of the funds of the Association.

Section 2. At the beginning of the fiscal year, the Board shall consider and adopt an operating budget for that year including funds for over lapping administrative years. At each meeting, the Board shall review receipts and disbursements, as reported by the treasurer, and shall make comparisons with the budgeted sums. New appropriations, or revisions of appropriations, when authorized by the Board, shall be accompanied by corresponding budget revisions to show the source of the funds appropriated.

Section 3. There shall be established a general fund, a building fund, a reserve fund, a legal fund and a petty cash account.

Section 4. The general fund and the building fund shall be administered by the treasurer, who shall deposit all funds and authorize all checks.

Section 5. The reserve fund shall consist of a contingency account and an investment account. The contingency account shall be administered by a committee composed of the President, Treasurer, and a member selected by the Board. The reserve fund is further defined and administered in Appendix V.

Section 6. The legal fund is defined and administered in Appendix IV.

Section 7. The petty cash account is to provide ready funds for the office of the executive secretary or secretary at the Association's headquarters. The president shall appoint the administrator of this fund, who shall be empowered to draw checks therefrom.

Section 8. All monies received from the publication of the West Virginia Surveyor shall be deposited in the general fund, and a separate record shall be kept by the Treasurer of all financial transactions in connection with the publication of the West Virginia Surveyor.

Section 9. To secure the faithful discharge of his duties, the treasurer shall give such bond as the Board may require. Such other officers, members and employees charged with the responsibility of handling the funds of the Association may at the discretion of the Board also be bonded. Premiums for all bonds required by the Board shall be paid out of the Association's treasury.

Section 10. No individual regardless of interest or office shall obligate the Association without prior approval of the Board. The current budget of the Association shall be the guideline in all respects and be adhered to unless revised or altered by the Board.

Bylaw 8

Board of Directors

Section 1. The Board of Directors shall have the direction and general supervision of all matters pertaining to the Association.  It shall adopt and monitor a budget and cause the accounts of the treasurer to be audited not less than once a year.

Section 2. The Board shall provide for a superintend the publication and distribution of all proceedings or transactions of the Association and shall have the authority to appoint an editor and publish an official periodical for the Association.

Section 3. The Board shall be empowered to invest and reinvest such funds as may be available for the creation of a reserve fund. A three-fourths (3/4) vote of the Board shall be required to authorize expenditures from this fund which are other than for investment or reinvestment.

Section 4. Each director shall attend the meetings of his chapter for the purpose of inquiring into the condition of the surveying profession and to improve the communication between the chapter membership and the Association.

Section 5. The Board shall hold a regular meeting at the time of the Annual Meeting and at least once each quarter thereafter. It shall hold special meetings at the call of the president or on the petition of twenty-five (25) percent of the directors.

Section 6. A notice of each meeting of the Board shall be mailed to each member of the Board at least ten (10) days prior to the scheduled date thereof. An agenda and copy of each report and resolution which are to be considered at such meetings shall accompany the notice of the meeting and no other matters shall be considered at such meetings without the consent of the majority of the members of the Board in attendance.

Section 7. A quorum of the Board for the conduct of business shall be nine (9) directors entitled to cast votes.

Bylaw 9

Letter Ballots of the Board

Section 1. The president may at any time direct the secretary to submit any question to the members of the Board by means of a letter ballot.

Section 2. Upon direction of the majority of the members of the Board present at any meeting, where less than all members of the Board are present, the secretary shall submit any question to the members of the Board by means of a letter ballot.

Section 3. In the event of any meeting at which less than all members of the Board are present and the majority vote on any question constitutes less than a majority of all members of the Board, any member of the Board may direct the President to submit the question to all members of the Board by means of a letter ballot.

Section 4. A majority of all votes received within fifteen (15) days of the mailing of the ballots shall decide the question, provided votes are received from at least two-thirds (2/3) of the total membership of the Board.

Section 5. The recording secretary shall record as a part of the minutes of the appropriate meeting the data concerning each letter ballot, including the dates of the mailing and the return of the ballots, and the names and votes of all members voting. He shall notify all members of the Board of the results within three (3) weeks of the date of the original action.

Bylaw 10

Executive Committee

Section 1. As provided in the Constitution, the Executive Committee shall conduct the business of the Association between Board meetings.

Section 2. The Executive Committee shall regularly meet each month at locations elected by the Committee.

Section 3. Special meetings of the Executive Committee will be held at the call of the President.

Bylaw 11

Election

Section 1. The Association Nominating Committee shall canvass each chapter for suggested nominees for the offices of President-Elect, Vice-President and director(s) by directing a written request therefore to each chapter president on or before November 1.

Section 2. The Nominating Committee's report of its nominees, together with a brief biographical sketch of each nominee, shall be published in the Association publication or sent by mail to the membership by the January Board of Directors meeting.

Section 3. Nominations by petition must be delivered to the executive director or secretary before February 1 in order to be placed on the ballot.

Section 4. Whenever there is more than one nomination made for any office to be filled, an official ballot, together with a special ballot envelope which shall provide space for the signature and address of the member voting to the affixed thereon, shall be mailed to each voting member in good standing on or before March 15. The official ballot shall contain a listing of all offices to be filled and the nominations therefore, and voting shall be limited thereto.

Section 5. A valid ballot shall be one which is returned to the secretary in an envelope bearing a postmark date on or before April 1, which date shall be specified on the ballot and which envelope shall be the signature of the member.

Section 6. A valid unopened ballots shall be promptly delivered by the executive director or secretary to the Nomination Committee which shall canvass the ballots and report the number of votes cast for each nominee to the executive director or secretary on or before April 15. The executive director or secretary shall transmit such information to the officers, officers-elect and chapters on or before April 25 and publish same in the next issue of the Association publication.

Section 7. The nominee for each officer receiving the greatest number of votes cast for such office shall be declared elected to such office.

Section 8. The elected officers shall be known by the title of the office to which elected with the suffix "elect" until they assume the duties of their respective offices.

Section 9. The election of chapter officers and the selection of the chapter representatives on the Board shall be completed on or before April 1 of each year. They shall assume their duties on the first day of the administrative year and shall hold office until their respective successor assume such duties.

Section 10. Each practice division shall elect a chairman and chairman-elect, the chairman during his term of office also serving as a representative to the state association. The procedures for nomination and election to these positions shall be as contained in Bylaw 14.

Bylaw 12

Officers

Section 1. President: The President shall preside at all meetings and perform other duties normal to the office, as approved by the Board, including the appointment of committees, call or direct the calling of meetings and represent the Association. He is ex-offico member of all committees and chairman of the Board of Directors.

Section 2. President-Elect: The President-Elect shall serve as convention co-chairman, attend chapter meetings, serve as membership committee chairman and perform other duties assigned by the President. He shall automatically succeed to the presidency. He shall also serve in the absence of the President.

Section 3. Vice-President: The Vice-President shall serve as convention co-chairman and perform any other duties assigned by the President.

Section 4. Secretary-Treasurer: The Secretary-Treasurer shall perform duties normal to the office, including recording of members, meeting and finances; collection of fees and dues; receive applications for membership, ballots for election of officers and other purposes; issue membership cards, notice of dues and meetings, newsletters and report of his activities, pay bills and notice of dues.

Section 5. Board of Directors: The Board of Directors shall consist of the President, President-Elect, Vice-President, Immediate Past President, six (6) directors and one representative from each chapter and practice division granted a charter by the Board. A quorum shall consist of a majority.

Section 6. Executive Director: The Board of Directors may appoint an Executive Director, whose term shall be at the discretion of the Board. The Executive Director shall assume the duties of the Secretary-Treasurer as described in Section 4. The Board may also appoint a recording secretary whose duties shall include taking notes at meetings of the Association and Board, and such other duties may be assigned. The salary of the Executive Director and recording secretary shall be set by the Board. When these two positions are filled, the regular position of Secretary-Treasurer in Section 4 shall be left vacant.

Section 7. Editor: The Board of Director may appoint an Editor to publish any and all Association publications. The Editor's term of office shall be at the discretion of the Board. The salary of the Editor shall be set by the Board.

Bylaw 13

Committees

Section 1. The standing committees of the Association shall include:

Standing Committees

Administrative

Ad-Hoc Committees

Control Surveys

Section 2. Each of the standing committees shall consist of members who shall be appointed annually by the President, who shall also designate the chairman of each committee.

Section 3. Each standing committee shall inform the Board of its activities at least once each year, or as otherwise directed by the President.

Section 4. The President shall appoint such other special committees (Ad-Hoc) as may be desirable for the conduct of the business of the Association.

Section 5. No committee shall commit the Association without special authorization from the Board.

Bylaw 14

Practice Divisions

Section 1. Practice divisions, comprised of members having common professional problems and interests, shall operate under the Constitution and Bylaws of the Association. Operating Rules and any changes thereto must have the approval of the Board before becoming effective. The Board may dissolve or declare inactive practice division after conducting a hearing on the need for such action.

Section 2. The practice division shall be conducted to provide effective forums for discussion and united action on the part of members grouped according to type of professional employment. The improvement of professional recognition conditions of employment and other matters of mutual welfare shall be the goal.

Section 3. Membership in each practice division shall be limited to members of the Association, except as specifically provided for in the rules of the division.

Section 4. The officers of each practice division shall include a president who shall serve as chairman for such practice division and such other officers as determined by the division and approved by the Board.

Section 5. Officers shall assume the duties usually performed by officers in like positions, subject to rules which may be adopted by the division and approved by the Board.

Section 6. The officers shall constitute the practice division executive board.

Section 7. When considered necessary for promoting or forwarding its special objectives, any practice division may establish a fund for the purpose, to be maintained in the treasury of the Association. Such funds may be obtained through dues and/or assessment of its own members, or by other means which are authorized by the Board. The executive director or treasurer of the Association shall be the custodian of all practice division funds, the expenditure of which shall be subject to the approval of the officers of the division.

Section 8. Minutes shall be kept and filed for all meetings of practice divisions and the division executive board. An annual report outlining the division's activities for the year, including financial statement and officers, shall be made to the Board.

Section 9. All actions by practice divisions shall be consistent  with the policies of the Association.

Section 10. Practice divisions serving the Association may be as follows:

Land Surveyors in Mining (Underground)
Land Surveyors in Government (State and Federal)
Land Surveyors in Private Practice

Bylaw 15

Meetings

Section 1. The Annual Meeting of the Association shall be held the first weekend in May, or such other time as approved by the Board of Directors.

Bylaw 16

Order of Business

Section 1. The order of business at meetings of the Board shall be determined by the President subject to approval of the Board.

Section 2. Robert's Rule of Order (revised) shall govern matters of parliamentary procedure of the Association.

Bylaw 17

Official Periodical

Section 1. The Association shall publish an official periodical to be known as "THE WEST VIRGINIA SURVEYOR".

Objective of Practice Divisions

LAND SURVEYORS

IN

MINING (UNDERGROUND)

Land Surveyors in mining objectives include establishment and maintenance of high standards of competence and ethical conduct in the mine surveying field, strengthening the role of land surveyors in mining, promotion of their professional development and economic advancement, improvement of surveyor-management-operator relations, and encouragement of participation in community and civic affairs.

LAND SURVEYORS

IN

GOVERNMENT

The objectives of Land Surveyors in Government are "the advancement of the public welfare and the mutual welfare of  surveyors in all levels of government in their service to the public by establishment and maintenance of high standards of competence and ethical conduct; advancement of the professional development and economic interests of professional land surveyors in government through sound employment practices and legislation; encouragement participation in community and civic affairs; and, cultivation of public appreciation of the work and achievements of land surveyors in government."

LAND SURVEYORS

IN

PRIVATE PRACTICE

Among Land Surveyors in Private Practice's broad objective in the advancement of the interests of the private practitioner through public policies on matters of concern to the profession; through establishment of high standards of competence and ethical conduct among its members; and promotion of professional development and economic advancement of the profession.