Constitution
Adopted 14th June 1994
ARTICLE ONE: TITLE AND PURPOSE
Section 1: Title
The organisation shall be known as the British Association of Public-Safety Communications Officers (BAPCO) and for the purposes of this document shall be referred to as “The Association”.
Section 2: Statement of Purpose:
The Purpose of the Association shall be to:
1. Promote the development of efficient and effective communications and supporting information technologies to provide value for money and effective systems to enhance delivery of public safety services for the benefit of the public and for the benefit of individual public safety services and personnel by means of research, planning, co-ordination and education:
2. Promote the rapid and accurate collection, exchange and dissemination of information relating to public safety communications and supporting information technologies and public emergencies between and among all agencies, local and central government to enhance the delivery of public safety services for the benefit of the public and for the benefit of individual public safety services and personnel;
3. Maintain an effective relationship with the communications and information technology industry to ensure that developments are monitored for the benefit of public safety agencies and that industry is constantly aware of current and future user requirements;
4. Represent its members and public safety communications and information technology in general by providing support and advice to policy making bodies of each participating public safety service to influence the provision of value for money and effective systems to enhance the delivery of public safety services for the benefit of the public and for the benefit of individual public safety services and personnel.”
ARTICLE TWO: ORGANISATION, MEMBERSHIP AND VOTING
Section 1: Organisation
1.1 BAPCO shall be a non-profit making organisation and shall be an Association of Regional Conferences in the United Kingdom, the Channel Isle, the Isle of Man and Ireland. The members of the Association shall be individuals except as provided for
under Article 1 of the Association Bye-Laws. The regions are separately responsible organisations that abide by the requirements of the Association and are geographically assigned groups as defined in Article Three of the Constitution.
1.2 An Advisory Group structure enabling each of the participating public safety services, i.e. police, fire, ambulance, emergency planning etc., to consider, pursue or advise on issues specific to that group, shall be established. A Chair and representatives for each of these groups shall be appointed annually by the Executive Committee.
Section 2: Membership
Membership of the Association shall be open to persons of good character who meet the membership requirements as detailed in Articles 1 and 2 of the Association Bye-Laws.
Section 3: Voting and Elected Officers
The right to vote and hold elected office in the Association and in its Regions, is a privilege of Active Members only, except where otherwise specified in the Constitution or the Association Bye-Laws. Only citizens of the United Kingdom, the Channel Isles, the Isle of Man and Ireland may be Active Members. Voting privileges and restrictions are detailed in Article Three of this Constitution and in Article 1 of the Association Bye-Laws.
Section 4: Authority
The Active Membership is the ruling body of the Association, which shall hold an Annual General Meeting on the occasion of the Annual Conference. The Executive Committee has the authority to exercise the powers of the Association at all other times.
Section 5: Public Safety Services
Public Safety Services shall mean those agencies, or departments of central or local government, which provide services concerned with law enforcement, fire, emergency rescue, medical and ambulance services, emergency management and other related activities designed to provide services to the public in an emergency, and volunteer aid organisations which are recognised as such by support or endorsement by local or central government.
ARTICLE THREE: AFFILIATION, REGIONS AND VOTING RESTRICTIONS
Section 1: Affiliation
1.1 The Association shall provide support and a source of expertise to the Chief Officer Groups of each of the participating Public Safety Services and will attend, when requested, meetings of such groups in an advisory capacity. The Association or any element of its organisation will not endeavour to exercise an executive or policy making role over communications or information technology developments of participating public safety services or purport to represent individual public safety services in
negotiation with regulatory bodies except at the express wish of the appropriate representative of such public safety services.
1.2 The Association may be affiliated to the Association of Public- Safety Communications Officials, International, Incorporated (APCO Inc.) in the United States of America or any derivative of that organisation that establishes an international federation of associations with a like Purpose established in individual nations or states throughout the World and may also enter into affiliation agreements with such individual associations as appropriate to ensure regular contact and exchange of information throughout the World.
1.3 On all matters relating to the conduct of individually constituted national Associations, members may only vote with respect to those of which they are citizens or, if a citizen of a country other than the one in which the Association is constituted, that person is resident and employed by a public safety service, public safety agency or a commercial body in the country in which the Association is constituted. Association Members, as such, regardless of nationality, are specifically prohibited from taking part in any international matter between governments or policy makers of other nations with respect to petition] comment or pleading within or related to the purpose of other national Associations except as they may appropriately do so in such matter raised within the province of their own country.
1.4 Nominated members of the Executive Committee, Officers, staff or official delegates of APCO Inc., will be invited to attend the Annual General Meeting and Annual Conference of BAPCO and similar reciprocal arrangements will be made for nominated members of the BAPCO Executive Committee, staff or official delegates, to attend the Annual Conference of APCO Inc..
Section 2: Regions
2.1 The Association shall be divided into geographical regions as determined by the Executive Committee and confirmed by majority vote at an Annual General Meeting.
2.2 Regions of the Association are affiliated to the Association and are required to comply with the Constitution and Bye-Laws of the Association. Each region shall be responsible for holding its own Annual General Meeting at which shall be elected, subject to the provisions of Section 3 of Article Two of this Constitution, the following officers of the Region, as a minimum:
Chairman;
Vice Chairman;
Secretary;
Two additional Active Members as Committee members;
A representative to the Executive Committee of the Association (this need not be a separate appointment and may be nominated from any of the above elected personnel).
2.3 A Commercial Representative shall be appointed to the Committee.
2.4 Regional Conferences will be held at intervals to be decided by the regional membership but shall be at least two per year. Minutes of the regional conferences must be received by the Executive Director not more than 30 days after the conclusion of the meeting.
Section 3: RIGHT TO HOLD OFFICE
3.1 Officers of the Association and Regional Representatives to the Executive Committee
The right to be an Officer of the Association as defined in Section 1 of Article Five of the Constitution, and to represent a Region on the Executive Committee as defined in Section 2.2 of Article Three of the Constitution, is a privilege of Active Members only.
3.2 Regional Committees
3.2.1 The right to hold office in the Regions of the Association as defined in Section 2.2 of Article Three of the Constitution is a privilege of Active Members of the Association.
3.2.2 Subject to the approval of the Executive Committee, this requirement may be varied where it is in the interests of the regional membership to do so provided that the Active Members on the Regional Committee are always in the majority. However, this exemption cannot be applied to the person nominated to represent a region at the Executive Committee as that person must always be an Active Member in order to exercise the right to vote as defined in Section 4.2 of this Article.
3.3 Advisory Groups and Working Groups
3.3.1 The Chair of any Advisory Group, except the Commercial Advisory Group, established under the provisions of Section 1.2 of Article Two of this Constitution, and of any Working Group established by the Executive Committee for any research or development purposes, shall be an Active Member.
3.3.2 Other persons appointed to Advisory Groups or Working Groups may be drawn from any category of membership, except International Associate Member, and non-members may be co-opted where it is in the interests of the Association to do so.
Section 4: VOTING RIGHTS
4.1 Annual General Meeting
The right to vote at an Annual General Meeting of the Association or at an Annual General Meeting of a Region, shall be a privilege of the Active Membership only.
4.2 Meetings of the Executive Committee
The right to vote at a meeting of the Executive Committee shall be a privilege of the following persons:
(i) The Officers of the Association;
(ii) Regional Representatives to the Executive Committee
(iii) Commercial Advisory Group Representative to the Executive Committee.
4.3 Regional Meetings
Subject to the provisions of Section 4.1 of this Article, it shall be the prerogative of each Region to determine the voting rights on matters relating to that Region only, for each category of membership. However, only members in the Active Member classification may vote on matters that affect a number of Regions or the Association as a whole.
4.4 Association Advisory Groups and Working Groups
Any person of whatever category of membership appointed or co-opted to an Advisory Group or Working Group established by the Executive Committee, may vote on any matter during the meetings of that Group.
4.5 International Voting Provisions
On all matters relating to the conduct of individually constituted national Associations, members may only vote with respect to those of which they are citizens or, if a citizen of a country other than the one in which the Association is constituted, that person is resident and employed by a public safety service, public safety agency or a commercial body in the country in which the Association is constituted. Association Members, as such, regardless of nationality, are specifically prohibited from taking part in any international matter between governments or policy makers of other nations with respect to petition, comment or pleading within or related to the purpose of other national Associations except as they may appropriately do so in such matter raised within the province of their own country.
Section 5: Association Office
There shall be an Association Office, known hereinafter as the Office, which houses the Association’s Executive Director, non-elected staff and the resources required to perform the
day to day functioning of the Association as set forth in Article VI of the Association Bye -Laws.
ARTICLE FOUR: EXECUTIVE COMMITTEE
Section 1: Establishment
1.1 There shall be an Executive Committee of the Association and it shall consist of:
• the Association’s elected officers,
• the immediate Past President,
• one member nominated by each Region,
• one member nominated by the Commercial Advisory Group, and
• one member nominated by each of the Association of Chief Police Officers (ACPO), the Chief and Assistant Chief Fire Officers Association (CACFOA) and the Ambulance Services Association (ASA).
1.2 Each region and nominating authority shall submit in writing the name of the person
nominated to the Executive Committee prior to the Executive Committee held at each Annual General Meeting. The term of office of those persons nominated to the Executive Committee shall be determined by the nominating authority unless otherwise prescribed in the Constitution and Bye- Laws of the Association, but in either case such term of office shall be for a minimum of one year.
1.3 Should a member of the Executive Committee be unable to attend a meeting of the
Executive Committee, the appropriate region or nominating authority may appoint an alternate to represent that body at such meeting, provided prior notification is given to the Executive Director.
Section 2: Duties and Responsibilities
2.1 The Executive Committee shall be the governing body of the Association and shall have the authority to take all appropriate measures and to perform all duties required to accomplish the Objectives of the Association.
2.2 The Executive Committee shall establish and promulgate the Bye-Laws of the Association by which its business and affairs shall be conducted and governed in accordance with the provisions of this Constitution. Such Bye-Laws shall include administration; membership procedure; regulation governing the budgeting, receipt, custody, disbursement of, and accounting for, all Association funds; purchases, contracts, travel vouchers and other expenditures; employment and compensation of staff; order of business and conduct of the annual meetings; and adoption and use of the official seal and insignia of the Association. Such Bye-Laws shall be published and distributed to all members of the Association.
2.3 The Executive Committee shall adopt an annual budget for the Association, and no expenditure shall be made except in accordance with the funds allocated under said budget, as originally adopted or amended.
2.4 The Executive Committee shall also authorise and give supervision to the publications of the Association.
2.5 The Executive Committee shall appoint an Executive Director. As the Governing body of the Association the Executive Committee shall fix the conditions of employment,
tenure and compensation of the Executive Director and shall be responsible for ensuring the efficient discharge of the duties of that officer.
2.6 The Executive Committee shall take all appropriate steps to keep the membership apprised of the results of its activities and all matters of pertinent concern to the membership as a whole.
Section 3: Meetings
The Executive Committee shall convene on the occasion of the Annual General Meeting of the Association and immediately prior thereto. The President shall also call at least three meetings of the Executive Committee in a twelve-month period and written notice thereof shall be given by post to each member of the committee at least ten days in advance. Fifty per cent of the committee membership shall constitute a quorum for any of its meetings.
Section 4: Action without Meeting
If a matter shall arise concerning the Association and requiring the action of the Executive Committee and it is impractical to hold a formal meeting, the matter may be submitted, in writing, by post to each member of the Committee entitled to vote thereon, for their consideration. The notice of the proposal shall specify a deadline for voting thereon, not less than ten days from the date of the posting of the notice. If approved in writing, by post, by a majority of the members of the Committee or by the required number of votes as may be specified in this Constitution or the Bye-Laws of the Association, the action so approved when taken by the Committee shall be valid as though approved at a formal meeting.
ARTICLE FIVE: OFFICERS
Section 1: Designation of Officers
The Officers of the Association shall be a President; President Elect; Vice President and the immediate Past President
Section 2: Qualifications
An officer of this Association at the time of their nomination, election or appointment, and continuously for at least two years immediately prior thereto must be an Active Member of the
Association in good standing. The Executive Committee shall determine all questions of eligibility of candidates for office immediately following the submission of the nomination for office by a candidate.
Section 3: Term of Office of President
A President, who shall not thereafter be again eligible for the office, shall be elected annually at the Annual General Meeting of the Association. The President shall serve until the termination of the Annual General Meeting next following his/her election.
Section 4: Term of Office of Other Officers
The President Elect and the Vice President as designated in Section 1 of this Article shall be elected annually at the Annual General Meeting of the Association, each to serve for one year. Each of these Officers shall serve until a successor is elected and installed.
Section 5; Successor to the President
5.1 If the President dies, resigns or his/her term of office is otherwise terminated, the President Elect shall become President immediately and shall serve for the remainder of
the term of his/her immediate predecessor. If the time served is less than six months he/she shall remain eligible to be elected President at the next Annual General Meeting following their election as President Elect. If a President Elect succeeds to the Presidency six months or more before the following Annual General Meeting, he/she shall no longer be eligible for the latter office and members of the Association at the meeting shall elect another eligible person to serve as President until the next Annual General Meeting of the Association.
5.2 If a President Elect succeeds to the Presidency, dies, resigns or his/her term of office is otherwise terminated prior to its expiration, the elected Vice President will become the President Elect and the office of such Vice President shall remain vacant until the next Annual General Meeting when the members of the Association shall elect an eligible person to serve in the office of Vice President.
Section 6: Nominations
6.1 It shall be the duty of the Executive Committee at the Annual General Meeting to nominate at least one candidate for each office required to be filled by election. Such nominations shall be restricted to members qualified under Section 2 of this Article who have filed with the Executive Director, at least 60 days before the date of the Annual
General Meeting, a notice of intention to be a candidate for one particular office and a certification of eligibility therefor on forms to be provided by the Executive Director.
6.2 In the event that no Active Member has applied for a particular office, or having applied is found to be ineligible, candidates shall be considered for such office in the next order of succession.
6.3 In the event that no candidate is available for a particular office in accordance with the aforesaid procedure, the Executive Committee may promulgate such guidelines that will ensure that all offices are filled at the Annual General Meeting.
Section 7: Election
7.1 All the said nominations shall be voted upon by secret written ballot unless there is only one candidate. A candidate receiving a majority of the aggregate eligible votes cast by persons in attendance and voting at an Annual General Meeting and eligible votes cast by postal ballot in accordance with procedures determined by the Executive Committee and published as a Policy Document for the Association for each office shall be declared elected. In the event that no candidate receives a majority of votes on the first ballot, another ballot shall be taken between the two candidates receiving the highest number of votes in the first ballot and this ballot shall be restricted to those eligible members in attendance at the Annual General Meeting and eligible votes cast by proxy authorised in accordance with published procedures. The one receiving a majority of the aggregate personal and proxy votes cast on the second ballot shall be declared elected.
7.2 Invigilators shall be appointed at the Annual General Meeting who shall supervise all elections. The invigilators shall have the duty and responsibility of enforcing rules regulating elections promulgated by the Executive Committee.
Section 8: The President
The President shall act as Chair of the Executive Committee and shall preside at Annual General Meetings of the Association. The President shall be specifically responsible for the strategy of the Association, regulation and supervision of the financial management of the Association and for liaison with other organisations and shall perform such other duties as may from time to time be assigned to him/her by the Executive Committee or by resolution of the Association.
Section 9: Vice Presidents
9.1 It shall be the duty of the President Elect to perform all the duties of the President during the absence of the President.
9.2 The President Elect shall be specifically responsible for promotion of, and recruitment to, the Association; the annual BAPCO Conference and Exhibition; and for promotion of the Association at other conferences and exhibitions and shall perform such other duties as may from time to time be assigned to him/her by the Executive Committee or by resolution of the Association.
9.3 The Vice President shall serve as President in the absence of the President and President Elect and as President Elect in the absence of the President Elect.
9.4 The Vice President shall be specifically responsible for the supervision of the administration of the Association and for liaison with the BAPCO Journal and shall perform such other duties as may from time to time be assigned to him/her by the Executive Committee or by resolution of the Association.”
Section 10: Executive Director
10.1 There shall be a non-elected Executive Director of the Association.
10.2 Subject to the policies, rules and direction of the Executive Committee, the Executive Director shall:
(a) Serve as secretary of the meetings of the Association and the Executive Committee.
(b) Give due notice of all such meetings and keep the official minutes thereof.
(c) Maintain the records, files and library of the Association and handle its general correspondence.
(d) Conduct continuous effort to increase the membership of the Association including the sustaining membership and to increase the revenues of the Association.
(e) Prepare an annual budget of the Association for consideration and approval by the Executive Committee
(f) The Executive Director shall be the chief financial agent of the Association and shall, under the direction and supervision of the President, exercise authority in financial matters in accordance with the Constitution and the Bye-Laws of the Association. The Executive Director shall be responsible for the custody off all funds and securities belonging to the Association and, subject to the approval of the Executive Committee, may determine the manner of depositing and safeguarding these funds and securities. Subject to final approval of the Executive Committee, the Executive Director shall, in consultation with accountants appointed by the Association, prescribe the system of financial records and will provide financial statements at each of the meetings of the Executive Committee and on such other occasions as may be decided by the Executive Committee or required by law. The Executive Director shall disburse funds only in accordance with the provisions of this Constitution and the rules established by the Executive Committee.
(g) Be responsible for the preparation and distribution of a magazine, yearbook and such other publications as the Association publishes or sponsors.
(h) Assist the committees and advisory groups of the Association by furnishing them with technical information and assisting in the preparation of their reports.
(i) Supervise such research programs or special studies as the Executive Committee may prescribe.
(j) Perform such other duties as may be assigned to him/her by the President or the Executive Committee.
(k) Serve as executive head of the Association and exercise control and direction over all functions of the Association and the Executive Committee.
10.3 In order to perform the foregoing duties the Executive Director may employ such staff and incur such other expense, as the Executive Committee in its budget shall authorise.
Section 11: Compensation of Officers
No officer of the Association, other than the Executive Director and non-elected staff, may receive compensation except for actual expenses incurred in the performance of their duties and for which the Executive Committee has made budgetary provision.
ARTICLE SIX: SPECIAL FUNDS
Section 1: Receipt of Funds
The Association may accept special donations or bequests and devises of personal and real property from public-spirited persons, corporations or organisations having a philanthropic interest in the work of the Association, to provide sufficient and additional means for the aid of the Association, or to carry out its general or special purposes. Such funds shall be spent in accordance with the terms of the donor as agreed upon by the Association.
Section 2: Administration of Funds
All special funds granted to the Association shall be under the administrative supervision of the Executive Committee.
ARTICLE SEVEN: FISCAL YEAR
The fiscal year of the Association shall be determined by the Executive Committee. The annual budget of the Association shall be adopted in accordance with the rules established by the Executive Committee.
ARTICLE EIGHT: POLICY MANUALS
Section 1: BAPCO Policy Manuals
There shall be a BAPCO Policy Manual. It shall be maintained and kept in current condition by the Executive Committee.
Section 2: Policy
The Manual shall set forth the policies of the Association. It shall provide the requirements and guidelines that shall govern the functioning and the proper conduct of the day-to-day affairs of the Association.
Section 3: Review
The Executive Committee shall review and, upon acceptance, approve the form and content of the manual during:
(i) its meeting held on the occasion of the Annual General Meeting, or
(ii) at other meetings upon notice of an amendment from the Executive Director or upon the request of a member of the Executive Committee.
Section 4: Amendment
So long as Constitution and Bye-Laws requirements are met, the BAPCO Policy Manual may be amended by a majority vote of the Executive Committee.
ARTICLE NINE: TRADEMARK
Section 1: Policy
1.1 The BAPCO trademark (logo) shall be registered. It may not be used by other than the Association except as follows:
(a) By Regions of the Association for stationery and banners.
( b ) By Committees and advisory groups of the Association for stationery.
1.2 Any other use is prohibited, except as may be specifically provided for in the BAPCO Policy Manual.
1.3 Permission to deviate from this policy requires the express previous consent of the Executive Committee or, if delegated by the Executive Committee, the approval of the Executive Director. Violation of this policy by members may, among other penalties, result in expulsion from membership.
ARTICLE TEN: AMENDMENTS
The Constitution 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.
TABLE OF REVISIONS
AGM Date Articles and Sections Amended – AGM Resolution Number
31.3.99 Article One, Section 2 – Resolution No. 1
31.3.99 Article Five, Sections 8 and 9 – Resolution No. 2
31.3.99 Article Three, Section 2.2 – Resolution No. 3
10.5.00 Article Three, Section 3 – Resolution No 2
10.5.00 Article Three, Section 4 – Resolution No. 3
25.4.01 Article Two, Section 1.1 – Resolution No.1
25.4.01 Article Two, Section 3 – Resolution No.1
25.4.01 Article Five, Section 6 – Resolution No.2
25.4.01 Article Five, Section 7 – Resolution No. 2
25.4.01 Article Ten – Resolution No.2
2.4.03 Article Five, Section 1 – Resolution No. 1
2.4.03 Article Five, Section 4 – Resolution No. 1
2.4.03 Article Five, Section 5.3 – Resolution No. 1
2.4.03 Article Five, Section 8 – Resolution No. 1
2.4.03 Article Five, Section 10 – Resolution No.1
2.4.03 Article Five, Section 11(e) – Resolution No. 1
2.4.03 Article Five, Section 11(f) – Resolution No. 1
20.4.05 Article Three, Section 1.2 – Resolution No. 2
