Bye-laws
Adopted 14th June 1994
BYE – LAWS
ARTICLE l: MEMBERSHIP CLASSIFICATIONS
Section 1: Applications
1.1 Members of the Association are registered as individuals in one of the following categories of membership:
(i) Active Member
(ii) Associate Member
(iii) Commercial Member
(iv) Life Member
(v) Honorary Member
(vi) Corporate Member
(vii) International Associate Member
1.2 With the exception of the International Associate Member category, only citizens of the United Kingdom, the Channel Isles, the Isle of Man and Ireland are eligible to become members of the Association.
1.3 Applications for membership shall be processed in strict accordance with the provisions of this Article.
1.4 Members shall be admitted in strict conformity with the classification requirements detailed in this Article.
1.5 The category of membership enjoyed shall reflect the employment, retired or volunteer aid worker status of the member and the right to hold office in the Association and its Regions, or to vote, shall be in accordance with Sections 3 and 4 of Article Two of the Constitution.
1.6 Association members are International Associate Members of APCO International Inc.
Section 2: Active Member
2.1 Persons, who are responsible for, or retired from, the management, specification, design, installation, maintenance, operation and use of public safety communications systems and supporting information systems, are eligible for this category of Membership, subject to the provisions of Sections 1.5 and Section 2.2 of this Article.
2.2 Applicants for Active Membership must be:
(a) employed by, or retired and receiving a pension from:
(i) a recognised public safety agency or body; or
(ii) a department of central or local government having responsibility for public safety; or
(iii) an organisation or body recognised as a public utility or public service provider and which provides, direct to the public, personnel, service or support in times of an emergency, major incident or disaster; provided that those persons so employed provide direct links with the public on behalf of the public utility or service provider through the use of communications or information systems, or are directly employed in the management or maintenance of public safety communications or information systems or equipment; or
(iv) an organisation or body contracted by:
(a) a recognised public safety agency or body, or
(b) a department of central or local government having responsibility for public safety, or
(c) a group of recognised public safety agencies operating under a collaborative agreement, or
(d) a group of central or local government departments operating under a collaborative agreement,
to provide the services detailed in Section 2.1 of this Article, provided that those persons so employed provide direct links with the public on behalf of the contracting authority through the use of communications or information systems or are directly employed in the management or maintenance of public safety communications or information systems or equipment.
(b) a volunteer in a recognised volunteer emergency aid organisation who is actively engaged in the provision of public safety services on a regular basis.
2.3 Persons must be actively engaged in the provision of public safety services on a regular basis, or retired from such a position, and such a retired person may not have a commercial interest that conflicts with the principle of the Association being, or perceived to be, a user led organisation.
2.4 Examples of qualifying positions include, but are not limited to, engineers, technicians, managers, information systems specialists, supervisors, communications centre and operational personnel, and other end users.
Section 3: Associate Member
3.1 Those persons, who otherwise meet the requirements of Active Membership, may, at the applicant’s discretion, select this category of membership, and, those persons not meeting the requirements of any other category of membership that share the Purpose and aims of the Association, are eligible for this category.
3.2 Examples include, but are not limited to, engineers, information systems specialists, technicians, communications centre and operational personnel, and other end users that choose not to participate in the Active Member category.
Section 4: Commercial Member
Those persons, in business or industry, who receive compensation in any form for services rendered or products sold, are eligible for this category of membership.
Section 5: Life Member
5.1 This highest level of membership shall be awarded only to those persons currently holding another class of membership in the Association. The Life Member title shall be added to that of any other category of membership. This title and the member’s regular other membership category title, with all its benefits and privileges, shall be enjoyed and held, exempt from subscription, for the life, or until the resignation, of such member.
5.2 This honour may only be bestowed upon members who have been a Member of the Association for not less than a continuos period of seven years and made outstanding and significant contributions toward the fulfilment of the Purpose of the Association.
5.3 This honour shall be bestowed in the following manner:
(a) The nomination may be made by the nominee’s Region. This nomination, accompanied by documentation of eligibility, shall be sent to the Executive Director of the Association more than 90 days prior to the convening of the Annual General Meeting at which the nomination is to be considered.
(b) The nomination shall be reviewed by the Executive Committee and, if accepted as meeting the qualification criteria, presented to the Annual General Meeting that shall make its decision by majority vote.
(c) If not accepted by the Executive Committee for submission to the Annual General Meeting, the nominating region will immediately be informed of the grounds for non-acceptance. The nominating region may then request the opportunity to present the nomination verbally before the Executive Committee. Thereafter, the decision of the Executive Committee will be final.
(d) Notwithstanding the other provisions of this Section, nominations for Life Membership may also be initiated by the unanimous vote of the Executive Committee. Such vote shall be made more than 90 days prior to the convening of the Annual General Meeting and that nomination shall then be submitted for consideration of the Annual General Meeting which shall make its decision by majority vote.
Section 6: Honorary Member
6.1 Only the Executive Committee may confer this class of membership.
6.2 Honorary membership is limited to those individuals who may have no incentive to obtain membership in any classification but, by virtue of their position or accomplishments, it is in the best interests of BAPCO that the individual receives information regarding the activities of the Association, including the Journal and other BAPCO publications.
6.3 Membership shall be established or sustained with the publication of a list of qualified individuals as determined by the Executive Committee of the Association. This list will be published on the 1st July each year.
Section 7: Corporate Member
7.1 Any organisation, either in the public or private sector, hereinafter called the Master Applicant, having a number of persons who qualify for membership in either the Active, Associate or Commercial Member categories as defined in Sections 2, 3 and 4 of this Article, is eligible to become a Corporate Member of the Association, subject to the following conditions:
(i) All nominated persons in each group shall reside or work in the United Kingdom;
(ii) Memberships in good standing within a Group may be transferred during a given subscription period from current employees leaving the Group to new employees entering the Group upon such individual request by the Master Applicant to the Executive Director of the Association.
(iii) The individual nominees shall be classified, enrolled and enjoy the benefits and privileges defined for the category of individual membership chosen by the Master Applicant and approved by the Association at the time of membership registration.
(iv) The will of the Corporate Member shall be expressed within the Association only by means of the individual members.
(v) Membership of a Region will be assigned in accordance with the location of the residence of an individual unless the Master Applicant or individual member, with good reason, elects otherwise.
7.2 The following categories of Corporate Membership will be available:
(i) Bronze 3 – 10 members
(ii) Silver 11 – 20 members
(iii) Gold 20 + members
Section 8: International Associate Member
8.1 Persons who are not citizens of the United Kingdom that share the Purpose and aims of the Association are eligible for this category of membership.
8.2 International Corporate Membership under this category will also be available subject to the following conditions:
(i) All nominated persons in each group shall reside or work outside the United Kingdom;
(ii) Memberships in good standing within a Group may be transferred during a given subscription period from current employees leaving the Group to new employees entering the Group upon such individual request by the Master Applicant to the Executive Director of the Association.
(iii) The individual nominees within a group shall be classified and enrolled and enjoy the benefits and privileges defined for the International Associate Member category of individual membership in Section 8.1 of this Article.
(iv) The will of the International Corporate Member shall be expressed within the Association only by means of the individual members whose Voting Rights will also be subject to Section 4.5 of Article Three of the Constitution.
8.3 The following categories of International Corporate Membership will be available:
(i) Bronze 3 – 10 members
(ii) Silver 11 – 20 members
(iii) Gold 20 + members
ARTICLE II: APPLICATION; ELECTION OF MEMBERS AND REVOCATION OF MEMBERSHIP
Section 1: Application
Applications for membership shall be made directly to the Executive Director of the Association on standard application forms approved by the Executive Committee.
Section 2: Resignation of Members
Any member not in default in payment of subscriptions, and against whom no complaint or charge is pending, may at any time submit their resignation in writing to the Executive Director and it shall become effective as of the date it was received.
Section 3: Suspension and Expulsion of Members
3.1 The Executive Committee may censure, suspend, or expel any member for breach of any requirement of the Constitution or Bye-Laws, after a hearing before such persons or in the absence of such member after due notice to appear for such hearing, and in such manner as the Executive Committee shall direct, or may suspend or drop from membership any member for non-payment of subscriptions.
3.2 Any member who has not paid the required subscriptions within 30 days of the due date shall be suspended within two weeks after written notice by first class mail has been given them at their last known address of the effective date of such suspension. If such non-payment shall continue as long three months after such notice, the Executive Committee may drop the member from the membership rolls of the Association after giving him/her ten days written notice by first class mail at his/her last known address of such contemplated action.
3.3 When a member of the Executive Committee is reduced in rank or removed from his/her agency for misconduct or when the said member conducts themselves in such a manner as to bring the Association into disrepute, the President shall appoint a three member committee from the Executive Committee to investigate the said allegations and report such findings to the next meeting of the Executive Committee
3.4 The Executive Committee shall cause a hearing to be conducted to review the said investigation and ascertain the suitability of such member to remain as a member of the Executive Committee. The member shall have at least 14 days notice to appear at such a hearing. The notice will set forth the allegations against the member. After giving such notice to the member to appear at a hearing, the Executive Committee may proceed with the hearing in the presence of such member or in the absence of such member. If the member does appear they shall be provided appropriate time to present their case. An affirmative vote by two-thirds of the members of the Executive Committee present and voting shall suspend or remove such member from their elected or appointed office. The action of the Executive Committee shall not be subject to appeal.
ARTICLE III – SUBSCRIPTIONS
Section 1: Rates
The subscription rate for each category of membership shall be determined and reviewed annually by the Executive Committee and approved by the membership at the Annual General Meeting.
Section 2: Membership Certificates
The Association Office shall issue Certificates of Membership in accordance with the requirements of this Article.
Section 3: Subscription Payment Schedule
3.1 Subscriptions are due and payable and members shall be billed, 30 days prior to the anniversary date of their membership.
3.2 Subscriptions become overdue if they remain unpaid 30 days after the anniversary date of membership. Non-paying members are in arrears after such date and they shall be notified at that time that they have been suspended from membership in accordance with the provisions of Section 3.2 of Article II of these Bye-Laws.
3.3 Members who have been suspended from membership shall be placed in a pending status with no benefit or privileges for a period of 60 days from the date of their membership suspension. If they pay their full subscriptions during such period they shall be re-instated to full membership and their original membership number shall be retained.
3.4 Members who elect to rejoin after such pending period shall be required to apply as new members and shall be assigned a new membership number of that date.
Section 4: Billing and Collecting Subscriptions
The Association office shall:
(a) Bill and collect all subscriptions from individuals and group members,
(b) Notify the appropriate Region when their members are billed and when the membership status is changed in accordance with the requirements of this Article,
(c) Solicit new members and process all applications for membership and notify the appropriate region when new applicants are admitted to membership of the Association.
ARTICLE IV: OFFICERS – GENERAL
Section 1: Eligibility
Candidates for Office shall be Active Members in good standing who shall have served at least two terms in a Region elected office and attended at least two out of the last four Annual General Meetings.
Section 2: Nomination
Nominations for Office shall be submitted to the Executive Director in accordance with Section 6 of Article Five of the Constitution of the Association.
Section 3: Election
Officers shall be elected by majority vote at an Annual General Meeting as detailed in Section 7 of Article Five of the Constitution of the Association.
Section 4: Terms of Office
Officers shall hold office for a period as detailed in either Section 3 or Section 4 of Article Five of the Constitution of the Association and shall remain in Office until their successors are installed in office or as otherwise provided for in Article Five of the Constitution of the Association.
Section 5: Succession
The following Officers shall be elected at each Annual General Meeting: the President Elect, and the Vice President. A treasurer shall be elected each two years at an Annual General Meeting. In the event that a vacancy in any Office occurs between Annual General Meetings, succession will be determined in accordance with Section 5 of Article Five of the Constitution of the Association.
ARTICLE V: AUTHORITIES, DUTIES AND PROCEDURES
Section 1: President
1.1 Duties
In addition to other such duties as may be required by the responsibilities of the Office, the President shall:
(a) Preside at all Association business meetings;
(b) Act as Chair of the Executive Committee;
(c) Make recommendations for the appointment of Chairs and members of Advisory Groups and submit them for approval to the Executive Committee;
(d) Supervise the Executive Director and see that the BAPCO Policy Manual is adequately maintained and properly adhered to in the day-to-day functioning of the Association;
(e) Set goals and policies and pursue Purpose;
(f) Present any proposed amendments to the BAPCO Budget in effect during their term of office for consideration and approval by the Executive Committee.
1.2 Authority
The President shall have authority to:
(a) Incur reasonable and proper personal expense, reimbursable by the Association, and authorise such expenditures by others;
(b) Make recommendations for the appointment of a legal advisor in Accordance with Article VII of these Bye-Laws;
(c) Poll or call meetings of the Executive Committee or any advisory group;
(d) Make recommendations for the appointment of an Executive Director in accordance with Section 11 of Article Five of the Constitution and Article VI of these Bye-Laws;
(e) Require, enforce and rule in meetings and debates.
Section 2: Other Officers
2.1 Duties
(a) The other Officers shall serve in the same manner and for the same purpose as the President and shall in good faith support and carry out the policies of the President. In such manner they shall serve in the absence of the President and/or of any of the other Officers in order of rank.
(b) In addition, the President Elect shall plan, appoint members-elect of Advisory Groups and otherwise prepare for his/her pending administration in order to maintain the momentum and continuity of the Association, provided that the President and Executive Director shall be kept informed and the President’s prior approval shall be required for the expenditure of funds for such purposes.
(c) It will be the duty of the President Elect to preside over the portion of the
Executive Committee meeting at the Annual Conference at which the proposed budget for the ensuing year is being considered.
2.2 Authority
The other Officers of the Association are empowered to act in a reasonable and proper manner as may be required to perform the duties assigned to them.
ARTICLE VI: EXECUTIVE DIRECTOR
Section 1: Employment
The Executive Committee upon the recommendation of the President shall employ the Executive Director.
Section 2: Supervision
The Executive Director is directly responsible to the Executive Committee to whom he/she shall report on all matters affecting the Association.
Section 3: Removal from Office
The Executive Director shall not be removed from office except upon a two-thirds majority vote of the Executive Committee in accordance with the terms and conditions of his/her employment.
Section 4: Duties and Authority
The duties and authority of the Executive Director shall be those set forth in Section 11 of Article Five of the Constitution of the Association.
ARTICLE VII: LEGAL ADVISER
Section 1: Regulatory
The Executive Committee shall retain a legal adviser who shall be employed to provide advice and assistance to the Association in the preparation of matters before regulatory and other bodies.
Section 2: Other
The Executive Committee may retain additional legal advisers to furnish advice and assistance and represent the Association in other than regulatory matters.
ARTICLE VIII: MEETINGS
Section 1: Annual
1.1 The Association shall meet every June or as near to such date as is feasible. Such meeting shall be known as the Annual General Meeting.
1.2 The place of such meeting shall be determined by the Executive Committee on a two- thirds majority vote.
1.3 Those members of the Active Membership attending an Annual General Meeting shall constitute a Quorum for such meeting.
Section 2: Executive Committee
In accordance with Section 3 of Article Four of the Constitution of the Association, the Executive Committee shall meet four times a year at a time and place to be determined by the President.
Section 3: Regional
In accordance with Section 2.3 of Article Three of the Constitution of the Association, Regional meetings will be held at intervals and venues decided by the regional membership but will be held at least two per year.
ARTICLE IX: VOTING BETWEEN MEETINGS
Section 1: Poll
Should more than a third of the number of Regional Representatives or members of the Executive Committee petition the President in writing regarding a single issue, other than amendment of the Constitution or Bye-Laws, the President shall poll the Executive Committee in the matter.
Section 2: Procedure
A poll carried out under the provisions of Section 1 of this Article shall be conducted in accordance with the procedures detailed in Section 4 of Article Four of the Constitution of
the Association and should a majority of the Executive Committee approve the petition, the President shall act accordingly.
ARTICLE X: PUBLICATIONS
Section 1: Publications
There shall be publications printed and distributed at such intervals as shall be deemed desirable for the purpose of the Association. The contents of these publications shall be of interest to all classes of membership.
Section 2: Journal
The primary publication of the Association shall be the BAPCO Journal. It shall be published at such intervals as directed by the Executive Committee.
Section 3: Other Materials
The Association shall publish other materials at such times as may be directed by the Executive Committee. Such materials shall not be of such a nature or distributed at such times as to conflict with the purposes of the BAPCO Journal.
Section 4: Publications Management
4.1 Publications will be governed by the Executive Committee.
4.2 There may be a Publications Director who shall be a full-time employee of the Association.
Section 5: Subscription Rates
The subscription rates of publications shall be in such amounts as established by the Executive Committee and contained in the BAPCO Policy Manual.
ARTICLE XI: INSURANCE
Section 1: Liability
The Executive Committee shall be responsible for ensuring that public liability and other necessary insurance adequately cover the Association.
ARTICLE XII: GRANTS AND CONTRIBUTIONS
Section 1: Application
1.1 The President shall have authority to make applications to the Executive Committee for grants and contributions.
1.2 No application shall be made to, or contributions received from, those motivated by personal benefit or privilege.
1.3 Applications and contributions are subject to approval of the Executive Committee.
Section 2: Research Projects
2.1 The Association’s primary vehicle for making application for grants or contracts and accepting contributions shall be the BAPCO research projects. The conditions governing the research projects shall be contained in the BAPCO Policy Manual.
2.2 The procedure for handling grant and contribution funds shall be in the BAPCO Policy Manual.
ARTICLE XIII: AWARDS
The Association may make awards at all levels of the Association as evidence of appreciation to those who have performed outstandingly in the field of public safety and related communications and information technology.
ARTICLE XIV: AMENDM ENTS
Section 1: Limitation
The Bye-laws of the Association may be amended only on a two-thirds affirmative majority vote of an Annual General Meeting or, as appropriate, an Extraordinary General Meeting. This vote to be the aggregate of votes cast by eligible members in attendance and voting at an Annual General Meeting or, as appropriate, an Extraordinary General Meeting, and of eligible votes cast by proxy at such a meeting and authorised in accordance with procedures determined by the Executive Committee and published as a Policy Document for the Association.”
Section 2: Requirements
2.1 A proposal to amend the Constitution or Bye-Laws of the Association shall be considered only when it is made in proper form to the Executive Committee.
2.2 A proposal to amend the Constitution or Bye-Laws shall be submitted by the maker by written resolution sent to the Executive Director not less than 90 days prior to the
date of the Annual General Meeting at which it is to be considered. The form of the resolution shall indicate its contents in the following order:
(a) Intent
(b) Purpose
(c) Name of maker
(d) Date of Annual General Meeting at which the proposal is to be considered
(e) Deficiencies of current language or need of added language
(f) Gains and benefits to be obtained
(g) Article(s), Section(s) and Paragraph(s) to be amended in order to correct such deficiencies and enjoy such gains and benefits
(h) Narrative of the methods and/or language for the proposed amendment.
Section 3: Drafting
3.1 The Executive Director shall assist in the drafting of an amending resolution when so requested by the maker.
3.2 The Executive Director shall submit such drafts to the Executive Committee for such comment as may be appropriate before returning them to the maker(s) with such comments.
3.3 Such assistance shall not be construed to be support for such measures.
Section 4: Publication
A proposed resolution to amend so processed shall be published in an issue of the BAPCO Journal which is date marked more than thirty days prior to the convening of the Annual General Meeting at which the proposal is to be considered.
Section 5: Revisions
An Annual General Meeting may amend and revise the language of a proposed resolution to amend by majority vote for each such proposed revision.
Section 6: Effective Date
Resolutions to amend shall take effect immediately provided an otherwise effective date is not specified in such adopted resolution.
TABLE OF REVISIONS
Date of AGM Articles and Sections Amended – AGM Resolution Number
10.5.00 Article I – Resolution No. 1A
25.4.01 Article 1 – Resolution No.1
25.4.01 Article XVI – Resolution No. 2
23.4.02 Article I Section 2 – Resolution No.1
2.4.03 Article V, Section 1.1(c) – Resolution No. 1
