Bylaws

Definitions

As used in the constitution and bylaws of the West Virginia Society of Professional Surveyors the following terms shall have the following meanings:

The term “mail or “mailing” means delivery by conventional postal service or by any other generally accepted reliable method of delivery including the use of email, on-line Internet messaging or any other practical technology.

The term “Letter Ballot” means any official opportunity to vote provided in the form of a hard-copy paper ballot or any other generally accepted reliable method or mechanism for casting votes, recording votes and tracking the results of votes, including the use of email, on-line Internet ballots or other practical technology

Bylaw 1
Membership

Section 1. Membership applications may be received at either the Society or Chapter level.

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

Section 3. Violations of the provisions of the Society Constitution and Bylaws, or conviction of a felony, shall be considered as just cause for discipline as provided in Bylaw 2.

Bylaw 2

Discipline

Section 1. Charges or complaints that a member has allegedly violated the laws and regulations governing Professional Surveyors may be filed in writing by anyone having factual knowledge of the matters; charges concerning the Constitution and Bylaws may be filed by a member in good standing. Each member filing charges is responsible to render written reports of factual knowledge they have of alleged violations. Such charges may be filed with the Chairperson of the Membership and Peer Review Committee of the Society or a member of the Board of Directors of the Society, hereafter referred to as the “Board”, or an officer of a Chapter.

Section 2. When the accused member is also a chapter member an initial informal investigation of alleged violations may be made by the appropriate chapter, with a report of the chapter’s findings and recommendations being submitted to the Membership and Peer Review Committee of the Society. When such informal investigations indicate that a formal investigation is advisable, the Membership and Peer Review Committee shall conduct a formal investigation and recommend whether or not a hearing is warranted. If no chapter report is received by the Membership and Peer Review Committee within 90 days of the filing of the complaint, the Society President may direct the Committee to proceed with a formal investigation. If no informal chapter investigation is appropriate the Membership and Peer review Committee may proceed on its own volition with a formal investigation.

Section 3. When the Membership and Peer Review Committee recommends a hearing, it will be conducted by the Executive Committee, which shall render a decision in the matter. The accused shall have the right to attend the hearing.

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

Section 5. Decisions of the Executive Committee and the Board shall require a 2/3 (two-thirds) vote of Committee or Board members present at the hearing or meeting.

Section 6. The following disciplinary action may be taken by the Society against a member in good standing or a member who resigns their 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. The Society may revoke or suspend membership, issue a notice of censure or prescribe that the Society records show that such member shall not be eligible for membership for a stipulated number of years, or indefinitely; and may publish its findings.

Section 7. The person who filed the charges will be notified of the final decision and it may be published in the official publication of the Society.

Section 8. The Board may adopt and publish policies and procedures to govern the handling of disciplinary matters. Whether or not formal procedures are adopted, those involved in disciplinary proceedings should strive to provide for due process. Information about and the findings in disciplinary actions may be shared with the West Virginia Board of Professional Surveyors (the licensing board).

Bylaw 3

Chapters

Section 1. A Chapter may organize within the provisions of the Constitution and Bylaws of the Society and may upon application and approval receive a charter from the Society and then be known as a Chapter of the Society.

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 Society. Rules and regulations for the organization and operation of chapters shall be determined by the Board and shall be established in the bylaws according to the policies of the Society.

Section 3. In advance of the Society’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 Society office at least thirty (30) days prior to the date of the Annual Meeting.

Section 4. The Board may authorize and issue charters for student chapters at colleges or community colleges where not prohibited by the college or community college. Rules and regulations for the organization and operation of student chapters shall be determined by the Board and shall be established in the bylaws according to the policies of the Society.

The rules and regulations for the organization and operation of student chapters shall be the same as those for regular chapters of the society, including chapter banking, with the following exceptions:

Each student chapter shall have a faculty advisor who shall be a member of the WVSPS.
Chapter representatives and other officers of student chapters and the Young Surveyors chapter need not be licensed class A members of the society.

Financial activities, and other activities, of student chapters may become complicated from time to time given the involvement and the policies of the college or community college. It shall be the responsibility of the student chapter to understand and comply with all policies, rules and regulations of both the society and the college or community college.

Student chapters may participate in activities of the college or community college, including fund raising activities in support of the college or community college. However, neither the student chapter nor the college or community college may use the society’s name, logo, trademarks, etc., without prior authorization and permission from the Board.

Section 5. Chapter Creation Procedure

A group of WVSPS members proposing to create a new chapter shall submit letter of intent to Executive Director requesting a Chapter Petition document.

Upon obtaining the signatures of five active WVSPS members who support the creation of the new Chapter, the members shall submit the signed Petition to the Executive Director.

The Executive Director will then review the petition and, if found to be valid, will request a new agenda item at the next regularly scheduled Board of Directors meeting.

The petition will be placed on the Board’s agenda for their next meeting

The Board will consider impact of the proposed chapter on other chapters

Notification will be sent to the existing Chapters of the proposed creation of a new chapter. They will be given 60 days to provide cause for the petition to be denied.

If no existing Chapter provides cause to deny, the Board may approve the petition.

Upon approval of the petition, the proposed chapter shall be notified and given a Constitution & Bylaws template to assist them in preparing their constitution and bylaws.

The proposed Chapter shall submit a draft of their Constitution & Bylaws to the Board for approval

If the Constitution & Bylaws do not conflict with the Society’s Constitution & Bylaws, the proposed chapter will be granted a charter.

The group of WVSPS members may now function as a Chapter of the WVSPS.

Upon approval and creation, the new Chapter President and Treasurer will work with the WVSPS Executive Director to establish Chapter management procedures including financial, banking, membership reporting and chapter activity reporting.

Section 6. Chapter Accounts

The WVSPS will open or create an individual bank account for all chapters.

These individual accounts will be known as “Chapter Accounts”.

The initial funds required to open or create the Chapter Accounts will be provided by the chapter.

These initial funds will be obtained from dues collections, donations or other means acceptable and appropriate to the WVSPS.

The initial funds must be in an amount equal to or greater than the minimum amount required by the bank to open the account.

If the chapter does not have the funds to meet the minimum amount required by the bank the chapter may request financial assistance from the WVSPS. The chapter’s request for financial assistance may be granted or denied, conditionally or unconditionally, at the sole discretion of the WVSPS.

These Chapter Accounts will be traditional checking accounts with a banking institution mutually agreed upon by the chapter and the Board. They will be sub-accounts under the WVSPS bank account structure similar to the education, convention, and legislative accounts with the exception that they will be earmarked for use by the individual chapters and the individual chapters will have signatory and transaction authorities to them. The WVSPS will maintain ultimate ownership, control and authority of the Chapter Accounts, including the opening and closing thereof, at the sole discretion of the WVSPS. The WVSPS will ultimately be responsible for all reporting and filings associated with the Chapter Accounts as required by law. All funds in the Chapter Accounts are WVSPS funds and shall be used, disbursed or disposed of at the sole discretion of the WVSPS in a manner as set forth and directed by, and not inconsistent with, the provisions of the WVSPS constitution and bylaws.

The WVSPS will monitor account activity and prepare reports and recommendations to the Board of Directors or outside agencies as necessary or required by law.

The WVSPS may suspend or revoke the chapter’s access to the chapter account without notice whenever it learns, a) of account activity contrary to WVSPS policy, b) the chapter is dissolved or declared inactive by the Board of Directors, c) the chapter fails to comply with applicable WVSPS fiscal policies, procedures and requirements or d) the chapter fails to comply with WVSPS annual chapter reporting requirements.

Account Administrative Authorities

The WVSPS Executive Director and President shall have signatory authority and full administrative authority to name or remove the names of authorized parties at all levels and in all capacities.

The WVSPS Executive Director and Chapter Treasurer shall have signatory authority to sign checks, hold and use debit cards, make deposits and withdrawals and conduct on-line banking.

The chapter is responsible for coordinating signatory authorities with the Executive Director and the bank each year during leadership transitions or when otherwise necessary.

Recurring/Automatic Withdrawals

No recurring or automatic withdrawals or remittances from Chapter Accounts are permitted.

Transaction Limits

There will be no transaction amount limit on Chapter Accounts unless required by the bank.

Administrative Fees

The WVSPS may charge the chapter administrative fees and withdraw funds from the Chapter Account to cover necessary costs of:

Initially opening the account which may include, but is not limited to:

Preparing paperwork as required by the bank or the WVSPS
Time and travel to meet with required signatories at the bank
Time and travel to meet with required signatories for completing WVSPS required documents

The same costs associated with subsequent signatory updates each year during leadership transitions or when otherwise necessary.

Special activity requests made by the chapter

Tracking and reporting chapter member names and dues status to chapter officials

WVSPS Responsibilities

The WVSPS will prepare, execute and record required WVSPS acknowledgement documents coordinating with chapter officials.

The WVSPS will open the Chapter Account coordinating with chapter officials.

The WVSPS will monitor Chapter Account activity.

The WVSPS will prepare and include Chapter Account activity reports with WVSPS treasurer’s report at Board of Directors meetings.

The WVSPS will include Chapter Account activity in the WVSPS annual state and federal tax reporting.

The WVSPS will track and deposit chapter share proceeds from continuing education activities into the Chapter Account.

The WVSPS may receive and deposit chapter annual membership dues into the Chapter Account.

The WVSPS will track annual chapter membership dues payments it receives and deposits into the Chapter Account and report the chapter member names to the chapter treasurer.

The WVSPS will renew required WVSPS acknowledgement documents and bank authorizations each year during leadership transitions or when otherwise necessary.

The WVSPS will take control of, suspend, disburse or dispose of the Chapter Account when necessary.

Chapter Responsibilities

The Chapter will prepare and execute required WVSPS acknowledgement documents coordinating with WVSPS Executive Director as needed.

The Chapter will assist in opening the Chapter Account coordinating with WVSPS Executive Director as needed.

The Chapter will monitor Chapter Account activity and make reports thereon to the chapter as required.

The Chapter may receive and deposit chapter annual membership dues into the Chapter Account.

The Chapter will track annual chapter membership dues payments it receives and deposits into the Chapter Account and report the chapter member names to the WVSPS Executive Director.

The Chapter will maintain the minimum balance required by the bank in the Chapter Account.

The Chapter will assist in renewal of required WVSPS acknowledgement documents and bank authorizations each year during leadership transitions, or when otherwise necessary, coordinating with WVSPS Executive Director.

The Chapter will comply with all applicable state and federal laws, rules and regulations.

The Chapter will comply with all applicable WVSPS fiscal policies, procedures and requirements including those contained in this chapter financial policy and the WVSPS bylaws regarding the use and control of funds.

Chapter Reporting Requirements

Chapter must comply with all WVSPS Annual Chapter Reporting Requirements relating to the Chapter Account.

Fiscal Policy Acknowledgement

The chapter president and treasurer must sign the WVSPS Chapter Fiscal Policy Acknowledgement each year during leadership transitions or when otherwise necessary.

Section 7. Inactive Chapters

A chapter of the WVSPS in Inactive Status is defined as any chapter that was issued a charter pursuant to the WVSPS Constitution and Bylaws and has since been declared Inactive by the Board.

Qualifying Causes for a Chapter to be considered for Inactive Status:

There are three or fewer chapter members in good standing for a period of more than three consecutive months, unless allowed by the Board for just cause.
There have been no chapter meetings or chapter events for a period of more than three consecutive months, unless allowed by the Board for just cause.
Failure to elect and report officer information in compliance with the Constitution and Bylaws, unless allowed by the Board for just cause.
Failure to have a representative attend Board meetings for more than three consecutive meetings, unless allowed by the Board for just cause.

Any chapter who meets one or more of these qualifying causes shall be notified of their status and reminded that meetings or events and compliance with the Constitution and Bylaws are required to be considered an active chapter, and that possible chapter dissolution may result.

Upon notification, the matter shall be placed on the agenda of the next Board meeting for the chapter to be considered for inactive status.

If the notification is not responded to, or the qualifying cause for the chapter’s inactive consideration has not been rectified, or just cause acceptable to the Board has not been demonstrated by, or at, the meeting at which the matter is to be first considered, the Board shall review the qualifying cause and any relevant information and decide whether to proceed with the consideration process. When the Board decides to proceed with the consideration process the Board shall notify the chapter they are being considered for Inactive Status and reminded that meetings or events and compliance with the Constitution and Bylaws is required to be considered an active chapter, that possible chapter dissolution may result, and the chapter bank account may be closed and the chapter funds absorbed by the WVSPS. Upon notification, the matter shall be placed on the agenda for the next Board meeting for further consideration.

If the Board’s notification is not responded to, or the qualifying cause for the chapter’s inactive consideration has not been rectified, or just cause acceptable to the Board has not been demonstrated by, or at, the meeting at which the matter is to be further considered, the Board may declare the chapter Inactive.

When a chapter has been declared Inactive by the Board the chapter’s access to the chapter bank account shall be terminated. The names of any chapter officers or members shall be removed from any bank documents or records which give them authorization to conduct any financial transactions in the chapter account. Any activity in the bank account of an Inactive chapter must be conducted by, or through, the executive director of the WVSPS.

When a chapter has been declared Inactive by the Board the chapter shall be notified that:

The chapter has been declared inactive and is now in Inactive Status.
The chapter’s access to the chapter bank account has been terminated unless accessed through the executive director.
The qualifying cause, or causes, leading to the Board’s declaration.
The steps the chapter must take in order to regain active status.
If active status is not regained the chapter may be dissolved by the Board.

A chapter may remain in Inactive Status for at least one year unless steps are taken by the chapter. The chapter may take steps to regain active status at any time by responding to the Board’s notification and rectifying, or demonstrating, to the Board’s satisfaction, just cause for, the qualifying cause, or causes, leading to the Board’s declaration of Inactive status.

If, by the end of one year, the Inactive status notification is not responded to, or the qualifying cause for the Board’s declaration of Inactive status has not been rectified, or just cause acceptable to the Board has not been demonstrated, the matter shall be placed on the agenda of the next Board meeting for the chapter to be considered for dissolution.

Section 8. Dissolved Chapters

A Dissolved Chapter of the WVSPS is defined as any chapter that was issued a charter pursuant to the WVSPS Constitution and Bylaws and has since been declared Dissolved by the Board.

Once a chapter has been declared dissolved by the Board the chapter’s charter is revoked and the members may no longer function as a chapter of the WVSPS.

If the members of a dissolved chapter wish to re-establish WVSPS chapter status they must re-petition the Board in accordance with the established chapter creation procedure in effect at the time.

Qualifying Causes for a Chapter to be considered for Dissolution:

The Board has the authority and sole discretion to determine what constitutes grounds to dissolve a chapter. Qualifying causes to dissolve a chapter may include, but are not limited to:

Willful departure from generally accepted standards of conduct of the society.
Willful violation of the laws, rules or regulations of the United States, the state of West Virginia or any local jurisdictional authority.
Willful violation or failure to comply with the WVSPS constitution and bylaws and the Code of Ethics.
Having been in Inactive Status, as defined above, for more than one year.

Whenever grounds to dissolve a chapter are believed to exist, including more than one year in Inactive Status, the matter shall be placed on the agenda of the next Board meeting for the chapter to be considered for dissolution. The chapter shall be notified that:

The Board is preparing to consider dissolving the chapter at the next Board meeting.
The date, time and location of the meeting.
The qualifying cause, or causes, leading to the Board’s consideration.
The Board requires a response to any charges or allegations before, or at, the meeting

If the notification is not responded to, or the qualifying cause for the consideration to dissolve the chapter has not been rectified, or just cause acceptable to the Board has not been demonstrated by, or at, the meeting at which the matter is to be considered, the Board shall review the qualifying cause and any relevant information and make its determination. The Board may take as little or as much time, take whatever steps and follow whatever procedures it deems appropriate given the circumstances surrounding the qualifying cause.

When the Board decides to dissolve the chapter a Chapter Dissolution Document shall be prepared to document when and why the chapter was dissolved. The Chapter Dissolution Document shall be filed in the society’s records of the chapter. The Chapter shall be notified of the Board’s action and provided a copy of the Chapter Dissolution Document.

When the Board dissolves a chapter the chapter bank account shall be closed, and any funds therein shall be placed in the WVSPS General Account. The dissolved chapter’s representative shall be removed from the Board. The dissolved chapter’s name and representative shall be removed from all current lists, rosters, maps and publications of the society.

When the Board dissolves a chapter, it will consider any outstanding obligations, including financial obligations, the chapter may have towards the society and what, if any, steps should be taken to resolve them.

When the Board dissolves a chapter, it will consider the area of the state represented by the chapter, the “Chapter Area”. The adjoining chapters should be consulted to determine if they can, or wish to, assume representation of those vacated areas. Areas of the state not represented by any chapter may result.

All requirements to send notifications to chapters referred to herein shall be considered satisfied if sent to the last known officers and chapter representative using the last known contact information in the society’s records

Bylaw 4

Affiliated Groups

Society and chapter auxiliaries may be established with the approval of the chapter or Society membership. The purpose of an auxiliary shall be to assist in promoting the interests of the surveying profession and the Society. The auxiliary shall be subject to the authority of the chapter or Society, respectively, for its policies including ratification of auxiliary bylaws.

Bylaw 5

Fiscal

Section 1. The fiscal year of the Society shall be from July 1 through June 30.
Section 2. The administrative year of the Society is stipulated in the Constitution.

Bylaw 6

Membership Designations and Benefits

Section 1. The classifications and individual benefits for membership in the Society shall be as follows:

Licensed Members shall be designated Class A members. New licensees shall be granted, free of charge, full membership privileges for a period beginning when the society is notified of the new licensee and extending until the end of the following year.

Associate Members shall be designated Class C members.

Student Members shall be designated Class D members. Student Members may be eligible for reduced or waived rates to the annual convention if, or when, approved by the Board.

Affiliate Members shall be designated Class E members. Affiliate Members shall not have voting privileges but will receive the member rates for activities and publications of the Society.

Sustaining Members shall be designated Class G members.

Correspondence Members shall be designated Class O members. They will only receive the society’s publication or newsletter, will not have voting privileges, and will receive no other membership benefits.

Retired Members shall be designated Class R members.

All the aforementioned members, except Correspondence Members, shall receive membership rates at Society activities.

Dues

The classifications and dues for membership in the Society shall be as follows:

Class A: Licensed Member	$200.00 – 1 year membership $800.00 – 5 year membership
Class C: Associate Member	$75.00 – 1 year membership
Class D: Student Member	$15.00 – 1 year membership
Class E: Affiliate Member	$95.00 – 1 year membership
Class G: Sustaining Member	$300.00 – 1 year membership
Class O: Correspondence Member	$30.00 – 1 year membership
Class R: Retired Member	$25.00 – 1 year membership

Section 2. Dues become due and payable to the West Virginia Society of Professional Surveyors (WVSPS) on or before January 1 of each year and must be paid by January 31 in order to maintain membership in good standing. Dues shall cover the period from January 1 to December 31. Except for the 5-year membership category, which shall remain in effect for a period of 5-years, ending December 31st of the fifth year, after initial year of payment in full of the 5-year membership fee.

Section 3. The dues for membership in the Society shall include a one-year subscription to the official publication of the Society.

Section 4. New members admitted after March 31 of any fiscal year shall pay dues prorated at the rate of 1/12 the annual fee for each full month remaining in the fiscal year of the society. Five-year memberships shall be prorated at the amount of a single year members, i.e. 1/12 of the annual fee for each full month remaining in the fiscal year of the society for the first year only.

Section 5. Notices for society dues renewal shall be sent to each member a minimum of thirty (30) days prior to the beginning of the calendar year in which they are due.

Section 6. If the dues of any member remain unpaid two (2) months after the dues deadline of January 31, said member shall be listed as “delinquent” and shall be removed from the mailing list to receive all publications issued by the Society. If the dues of any member remain unpaid three (3) months after the dues deadline, said member shall be dropped from the membership rolls of the Society. A person who has been so dropped may be readmitted provided the request of such person for readmission is accompanied by a minimum of a full year dues payment for the current year.

Section 7. A member may become eligible for a special disability membership with waiver or reduction of dues after meeting the requirements as set forth in Section 8 of this Bylaw.

Section 8. 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, in writing to the Board or a chapter. Such application, if approved by a chapter shall be submitted to the Board for final approval. Such application must include a description of the disability and evidence or documentation that it is a state or federally recognized permanent total disability.

Section 9. New licensees shall be granted full membership privileges for a period beginning when the society is notified of the new licensee and extending until December 31 of the year following the issuance of the new license. Thus, new licensees will receive a full year free membership upon achieving licensure.

Section 10. The Board may vote to waive dues for other professional organizations, in the membership categories deemed appropriate by said Board, if those organizations are also granting without charge to this Society a reasonably comparable category of membership.

Section 11. The Board shall have the authority to waive or prorate the annual dues, or any portion thereof, for any member, or members, at the sole discretion of the Board

Bylaw 7

Control of Funds

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

Section 2. At the beginning of the fiscal year, the Board shall consider and adopt an operating budget for that year including funds for overlapping 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 Account, a Reserve Account, a Legislative Account, a Convention Account, an Education Account, and individual Chapter Accounts.

a. The General Account shall be administered by the Treasurer, who shall deposit all funds and authorize all checks. The General Account shall be the depository of all dues, fees, and special assessments. All moneys received from the publication of the West Virginia Surveyor shall be deposited in the General Account, and a separate record shall be kept by the Treasurer of all financial transactions in connection with the publication of the West Virginia Surveyor.

b. The Reserve Account shall consist of two sub-accounts, a Contingency Account and an Investment Account. The contingency account shall be administered by a committee composed of the President, Treasurer, and a member appointed by the Board. The investment account shall be administered by the Treasurer.

c. The Legislative Account shall be administered by the Legislative Committee chairman and the Treasurer. It shall be used to account the expenses and financial obligations of the Legislative Committee in the discharge of its duties. No moneys taken from the General Account shall be deposited in the Legislative Account.

d. The Convention Account shall be administered by the Convention Committee chairman and the Treasurer. It shall account all the expenses and financial obligations of the Convention Committee in the discharge of its duties. It shall also be the depository for all proceeds gained in connection with the society’s Annual Convention.

e. The Education Account shall be administered by the Education Committee chairman and the treasurer. It shall account all the expenses and financial obligations of the Education Committee in the discharge of its duties. It shall also be the depository for all proceeds gained in connection with the activities of the Education Committee.

f. Chapter accounts shall be established by the Executive Director or Treasurer. Financial activities of each chapter shall be managed by the chapter in a bank account in the name of the Chapter, under the overall Society Banking Account. However, the WVSPS will maintain ultimate ownership, control and authority of the Chapter Accounts as provided in the bylaws. Each Chapter will retain the management of said funds by designated Chapter representatives and the Executive Director of the Society. The Executive Director or Treasurer will have the ability to access all reports necessary for all accounting purposes and filings.

Section 4. To secure the faithful discharge of his or her 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 Society may at the discretion of the Board also be bonded. Premiums for all bonds required by the Board shall be paid out of the General Account.

Section 5. No individual regardless of interest or office shall obligate the Society, financially or otherwise, without prior approval of the Board. The current budget of the Society shall be the guideline in all respects and be adhered to unless revised or altered by the Board.

Bylaw 8

Duties of the Board of Directors

Section 1. The Board of Directors shall have the direction and general supervision of all matters pertaining to the Society. 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 make information of all proceedings or transactions of the Society available to any member upon request. At the discretion of the Board, the secretary may collect a service fee for fulfilling such a request for information. The service fee shall be determined by the board and may vary depending on the nature of the request.

Section 3. The board shall have the authority to hire or appoint an Editor and publish an official periodical for the Society.

Section 4. The Board should recommend to the governor no more than five names for each vacancy on the West Virginia Board of Professional Surveyors.

Section 5. 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 6. Each Director shall attend the meetings of a chapter for the purpose of inquiring into the condition of the surveying profession and to improve the communication between the chapter membership and the Society.

Section 7. The Board shall hold a regular meeting at the time of the Annual Convention 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 8. A notice of each meeting of the Board shall be distributed to each member of the Board at least ten (10) days prior to the scheduled date thereof. An agenda, and copies of any available reports or materials concerning items to be considered, 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 9. A quorum of the Board shall be nine (9) Board Members.

Bylaw 9

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 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 ballot.

Section 3. If less than all members of the Board are present at any meeting where 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 ballot.

Section 4. A majority of all votes received within twenty (20) days of the submission of the ballots shall decide the question, provided votes are received from at least twenty-five (25%) percent of the total membership of the Board.

Section 5. The Secretary shall record as a part of the minutes of the appropriate meeting the data concerning each ballot, including the dates of the submission and the return of the ballots, and the names and votes of all members voting. The secretary shall notify all members of the Board of the results within two (2) weeks after the deadline for voting.

Bylaw 10

Executive Committee

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

Section 2. Special meetings of the Executive Committee will be held at the call of the President.

Bylaw 11

Elections

Section 1. There shall be a Nominating Committee, with duties as specified in the Constitution and Bylaws.

Section 2. Whenever there is more than one nomination made for any office to be filled, an official ballot along with a secure means to determine the identity and membership status of the voter, shall be provided by the Executive Director or Secretary to each voting member in good standing at least four weeks before the annual General Membership Meeting. The method and process used for all official WVSPS voting shall be approved in advance by the Board. The official ballot shall contain a listing of all offices to be filled and the nominations therefor, and voting shall be limited thereto.

Section 3. A valid ballot shall be one which is responded to or returned to the executive director or secretary not more than twenty (20) days after the date such ballot was initially submitted by the Executive Director or Secretary.

Section 4. All valid ballots shall be delivered by the Executive Director or Secretary to the Nominating Committee or its designee at the close of the election. The Committee or the designee shall canvass the ballots and report the number of votes cast for each nominee to the Executive Director or Secretary before the annual General Membership Meeting. The Executive director or Secretary shall announce the newly elected officers to the membership at the annual General Membership Meeting. A list of officers shall be published in the Society publication.

Section 5. The nominee for each office receiving the greatest number of votes cast for such office shall be declared elected to such office. In cases of tie votes, the Board will choose the winner by majority vote or by whatever other method the Board deems appropriate.

Section 6. The election of chapter officers and the selection of the chapter representatives on the Board shall be completed before the annual meeting. They shall assume their duties at the end of the Annual Convention.

Bylaw 12

Officers

Section 1. President: The President shall preside at all meetings of the Board and the annual meeting and perform other duties normal to the office, as approved by the Board, including the appointment of committees, except the contingency account committee, call or direct the calling of meetings and represent the Society. The President is ex-officio member of all committees and chairperson of the Board.

Section 2. President-elect: The President-elect shall serve as a member of the convention committee, and perform other duties assigned by the President. The President-elect shall automatically succeed to the presidency and shall also serve in the absence of the President.

Section 3. Vice-president: The Vice-president shall serve as a member of the convention committee, chairman of the Nominating Committee, and perform any other duties assigned by the President.

Section 4. Secretary-Treasurer: The Secretary-Treasurer shall perform duties normal to the office including: paying bills; maintaining and documenting membership, meeting and financial records; collection of fees and dues; receiving and processing applications for membership; issuing and receiving ballots for election of officers and other purposes; issuing communications and notices including notices of dues and meetings; distributing newsletters; and preparing minutes and financial reports for the Board meetings. The Secretary-Treasurer may be hired by the Executive Committee, rather than elected. If the Secretary-Treasurer is hired rather than elected, that person will not be a voting member of the Board.

Section 5. Board Directors: The Board of Directors shall consist of the President, President-elect, Vice-President, Immediate Past President, six (6) Directors at Large and one representative from each chapter granted a charter by the Board.

Section 6. Executive Director: The Board may hire or appoint an Executive Director, whose term shall be at the discretion of the Board. The Executive Director may at the discretion of the board assume the duties of the Secretary-Treasurer. The Board may also hire or appoint a Recording Secretary whose duties shall include taking notes at meetings of the Society and Board, and such other duties as 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 shall be left vacant. Neither the Executive Director nor the Recording Secretary will be voting members of the Board.

Section 7. Editor: The Board may hire or appoint an Editor to publish any and all Society 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.

Section 8. Board of Professional Surveyors Liaison: The Board shall appoint a liaison to the West Virginia Board of Professional Surveyors (WVBPS) whose duties shall include attending meetings of the WVBPS and reporting on such meetings to the Board.

Section 9. NSPS Director: The Board shall appoint an NSPS Director who shall be liaison to the National Society of Professional Surveyors (NSPS), and fulfill such other duties as specified by the Board.

Section 10. The Editor, West Virginia Board of Professional Surveyors Liaison, and NSPS Director shall not be voting members of the Board by virtue of holding those offices. They may, however, hold an additional position which would normally entitle them to a vote on the Board.

Bylaw 13

Committees

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

Budget and Audit Committee
Contingency Account Committee
Education Committee
Legislative Review and Standards of Practice Committee
Convention Committee
Membership and Peer Review Committee
Nominating Committee
Legislative Committee
Geographic Information Systems (GIS) Committee
Scholarship and Awards Committee
Website and Social Media Committee

Section 2. Excepting the Scholarship and Awards Committee, the President shall appoint members to the standing committees, except the Contingency Account Committee, and each committee shall select its own chairperson.

Section 3. Each standing committee shall inform the President and Board of its activities at each quarterly board meeting in the form of a written report, or as otherwise requested by the President. Each standing committee shall provide a report for the annual membership meeting.

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

Section 5. No committee shall make policy or financial commitments for the Society without prior authorization from the Board.

Section 6. Duties of committees.

Budget and Audit Committee
The Budget and Audit committee shall prepare a budget for approval by the Board and ensure that an audit is completed before the third quarter Board meeting each year.

This committee shall review the approved budget and the records of expenditures being made by the Society and bring to the attention of the Board any expenditures over those provided for in the budget.

This committee will also recommend to the Board ways and means for improving the financial condition of the Society.

Contingency Account Committee
The Contingency Account committee shall administer the Contingency Account of the Reserve Account as set forth in the Bylaws.

Education Committee
The Education committee shall develop, conduct, sponsor and oversee seminars or other activities to enable members and others to meet continuing education requirements. This committee shall also assist the chapters in their educational efforts both financially and with educational resources. The committee should advise and assist state educational institutions in the development and advancement of surveying education programs. The Education Committee shall review requests for educational events from Chapters or affiliated organizations and make recommendations on their approval to the Board. The Education Committee will establish rates for all WVSPS sponsored education events where WVSPS resources are being utilized in the planning and execution of said events, with the exception of the Annual Membership Meeting and Convention.

Legislative Review and Standards of Practice Committee
Proposals for new legislation or revisions of existing laws and standards may be submitted by Society members to the Legislative Review and Standards of Practice Committee, which will study such proposals and recommend whether the Society should act upon them. The committee may also recommend its own proposals to the Society. After legislative recommendations have been adopted by the Society, the Legislative Review and Standards of Practice Committee will act in an advisory capacity to the Legislative Committee.

The Legislative Review and Standards of Practice Committee may consider specific differences of opinion between Professional Surveyors, on standards of practice, laws or legislative rules, and regulations.

Convention Committee
The Convention Committee shall select the date and location of the Annual Convention and make arrangements for the facilities and program.

Members of the Convention Committee shall include the Executive Director, President-elect, the Vice-President, and at least three other members appointed by the President. The Committee shall choose a chairperson from its membership.

Membership and Peer Review Committee
The Membership and Peer Review Committee shall advise the Board on the status of membership and recommend to the Board effective methods for increasing membership. This committee shall also assist the Board in promoting the Society to the entire surveying community within the state and assist the chapters of the Society in their membership development efforts.

It shall also be the duty of this committee to administer disciplinary actions, as specified in the Bylaws.

Nominating Committee
Section 1. The Nominating Committee shall present a slate of candidates for election as officers and directors of the Society. Their slate, together with a brief biographical sketch of each nominee, shall be presented no later than the last Board meeting prior to the General Membership Meeting each year.

Section 2. At the spring Board Meeting each year, the Nominating Committee shall present a list of no more than five potential candidates for appointment to each vacancy on the West Virginia Board of Professional Surveyors.

Legislative Committee
Section 1. The Legislative Committee shall supervise the monitoring of legislative activity for issues of concern to the Society, assist in drafting proposed legislation and the communication of such proposals to the Legislature. This committee shall provide and oversee efforts in support of the legislative proposals of the Society or the defeat of legislative proposals of others that may be contrary to the interests of the Society and the surveying profession.

Section 2. The Legislative Committee shall communicate legislative and governmental activities to the Board and Society members and recommend to the Board those policies and programs by which the Society’s legislative activities can be more effective.

Geographic Information Systems (GIS) Committee
The GIS committee shall promote communication with GIS professionals, and seek productive relationships with GIS professional Societies.

Scholarships and Awards Committee
Section 1. The voting membership of the Scholarships and Awards Committee shall consist of the WVSPS President, the WVSPS NSPS Director, and all WVSPS Chapter Representatives (or other designees of each Chapter). The WVSPS NSPS Director will chair the Committee, with the WVSPS President acting as chairperson in the absence of the NSPS Director. All Society members who serve as faculty in the surveying departments of tertiary educational institutions may serve as non-voting advisory members of the Committee.

Section 2. As directed by the Board, the Scholarships and Awards Committee shall develop, promote, organize, administer, sponsor, and award scholarships for West Virginia students who are pursuing a tertiary education in the field of land surveying.

Section 3. As assigned or permitted by the Board, the Scholarships and Awards Committee shall develop, sponsor, and/or administer various awards on behalf of the Society.

Section 4. The Scholarships and Awards Committee may engage in initiatives which are intended to expand awareness of land surveying as a profession. These activities may include the promotion within West Virginia of the National Society of Professional Surveyors programs.

Website and Social Media Committee
The Website and Social Media Committee shall oversee all websites, applications, and social media platforms that enable the Society to create, share, and/or participate in social networking. And other means of interactions and ideas in virtual communities and networks.

Bylaw 14

Meetings

Section 1. The Annual Meeting of the Society shall be held as set forth in the Constitution.

Section 2. Special Meetings shall be held as set forth in the Constitution.

Section 3. Board of Directors meetings shall be held as set forth in the Bylaws.

Section 4. Committee Meetings may be held as often as necessary for the proper discharge of each committee’s duties. Committee meetings shall be called by the committee chairman or a majority of the members of the committee and may be held at any time and place deemed practical by the committee chairman or members calling the meeting. If deemed desirable and practical, committee meetings may be conducted by conference call or other means.

Bylaw 15

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 Rules of Order (revised) shall govern matters of parliamentary procedure of the Society.

Bylaw 16

Official Periodical

The Society shall publish an official periodical to be known as “The West Virginia Surveyor”.

Bylaw 17

Code of Ethics

Members of the West Virginia Society of Professional Surveyors shall abide by the “Surveyor’s Creed and Canons” of the National Society of Professional Surveyors, as follows:

As a Professional Surveyor, I dedicate my professional knowledge and skills to the advancement and betterment of human welfare.

I pledge:

To give the utmost of performance;

To participate in none but honest enterprise;

To live and work according to the laws of humankind and the highest standards of professional conduct;

To place service before profit, honor and standing of the profession before personal advantage, and the public welfare above all other considerations;

In humility and with need for Divine Guidance, I make this pledge.

Canon 1.	A Professional Surveyor should refrain from conduct that is detrimental to the public.
Canon 2.	A Professional Surveyor should abide by the rules and regulations pertaining to the practice of surveying within the licensing jurisdiction.
Canon 3.	A Professional Surveyor should accept assignments only in one’s area of professional competence and expertise.
Canon 4.	A Professional Surveyor should develop and communicate a professional analysis and opinion without bias or personal interest.
Canon 5.	A Professional Surveyor should maintain the confidential nature of the surveyor-client relationship.
Canon 6.	A Professional Surveyor should use care to avoid advertising or solicitation that is misleading or otherwise contrary to the public interest.
Canon 7.	A Professional Surveyor should maintain professional integrity when dealing with members of other professions.