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.
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.
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 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 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 of Directors, 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 of Directors shall require a 2/3 (two-thirds) vote of Committee or Board members present at the hearing or meeting.
Section 6. Disciplinary action may be taken by the Society 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 Society may 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 shall 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).
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.
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. Rules and regulations for the organization and operation of student chapters shall be determined by the Board and shall be established according to the policies of the Society.
Each student chapter shall have a faculty advisor who shall be a member of the Society.
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.
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 Article VII, Section 7 of the Constitution.
Section 1. The annual dues for membership in the Society shall be as follows:
|Individual Affiliate Member||$25.00|
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.
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.
Section 5. Notices for annual society dues renewal shall be sent to each member a minimum of thirty (30) days prior to the beginning of the calendar year.
Section 6. If the annual 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 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 of Directors 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 of Directors 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 of Directors.
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 as defined in Bylaw 13. 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 as defined in Bylaw 13. 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 as defined in Bylaw 13. 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. All 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. 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 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.
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 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. Each person recommended for a vacancy must meet all the appropriate qualification requirements set forth in the West Virginia State Code.
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 entitled to cast votes.
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. 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 letter ballot.
Section 4. A majority of all votes received within twenty (20) 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 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. The secretary shall notify all members of the Board of the results within two (2) weeks after the deadline for returning ballots.
Section 1. As 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.
Section 3. The WVSPS Executive Committee shall be defined by the WVSPS Constitution.
Section 1. There shall be a Nominating Committee, with duties as specified in Article VIII of the Constitution and Bylaw 13.
Section 2. Whenever there is more than one nomination made for any office to be filled, an official ballot in conjunction 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 35 days before the annual General Membership Meeting at least four weeks before the annual meeting. The method and process used for all official WVSPS voting shall be approved in advance by the Board of Directors. 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 returned to the executive director or secretary not more than twenty days after the date such ballot was initially provided 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 meeting. The Executive director or Secretary shall announce the newly elected officers to the membership at the annual 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.
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 of Directors.
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 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 of Directors 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 of 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 and practice division granted a charter by the Board. A quorum shall consist of nine (9) Board Members. The duties, authority and responsibilities of the Board of Directors are defined in Bylaw 8.
Section 6. Executive Director: The Board of Directors 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 as described in Section 4. 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 as defined in Section 4 shall be left vacant. Neither the Executive Director nor the Recording Secretary will be voting members of the Board.
Section 7. Editor: The Board of Directors shall 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 whose duties shall include attending meetings of the Board of Professional Surveyors and reporting on such meetings to the Board of Directors.
Section 9. NSPS Director: The Board of Directors 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 of Directors.
Section 10. The Editor, Board of Professional Surveyors Liaison, and NSPS Governor shall not be officers of the Society in the sense of being voting members of the Board of Directors by virtue of holding those offices. They may at the same time hold an additional office which would normally entitle them to a vote on the Board.
Section 1. The standing committees of the Society shall include:
Budget and Audit Committee
Contingency Account Committee
Legislative Review and Standards of Practice Committee
Membership and Peer Review Committee
Geographic Information Systems ( GIS ) Committee
Section 2. In addition to committee membership as specified in Bylaw 12, 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 Directors 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 insure that an audit is completed before the third quarter Board of Directors 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 Bylaw 7, Section 3.
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 all requests for educational events from Chapters or affiliated organizations and make recommendations of their approval to the Board of Directors. 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.
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
In pursuit of the Objectives in Article II, Section 1, of the Constitution, 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 Bylaw 2.
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 at the fourth quarter of the calendar year Board of Directors meeting each year.
Section 2. At the second quarter of the calendar year 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.
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 of Directors 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.
Section 1. The Annual Meeting of the Society shall be held as set forth in Article IX, Section 1 of the Constitution.
Section 2. Special Meetings shall be held as set forth in Article IX, Section 2 of the Constitution.
Section 3. Board of Directors meetings shall be held as set forth in Bylaw 8, Section 7.
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 electronic means.
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.
The Society shall publish an official periodical to be known as “The West Virginia Surveyor”.
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.
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.|