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Adopted: October 27, 1954
Amended: 1959, 1962, 1963, 1970, 1982, 1996, 1998, 2004, and 2009
Effective: October 2009
ARTICLE I - NAME OF ORGANIZATION
Section 1. The name of this organization shall be "The Southern Weights and Measures Association", hereinafter called the “Association,” and is incorporated under the laws of the State of North Carolina.
ARTICLE II - PURPOSE
Section 1. This Association is organized as a not-for-profit business league under section 501(c) (6) of the Internal Revenue Code exclusively for not-for-profit purposes, including but not limited to the following purposes:
Section 2. No part of the net earnings of the Association shall inure to the benefit of, or be distributed to its members, directors, officers, or other private persons, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments. No substantial part of the activities of the Association shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Association shall not participate in, or intervene in any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these Bylaws, and the Articles of Incorporation, the Association shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(6) of the Internal Revenue Code, or the corresponding section of any future Federal tax code, or (b) by a corporation, contributions to which are deductible under the Internal Revenue Code as a trade or business expense ordinary and necessary in the conduct of the Association’s business.
ARTICLE III - MEMBERSHIP
Section 1. Membership in this Association shall extend to the following jurisdictions: Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the District of Columbia, and the U.S. Virgin Islands.
Section 2. Any person residing within a member jurisdiction who is employed by a State, County, City, or the District of Columbia, and who is actively engaged in weights and measures work, is eligible for active membership and is considered a voting delegate after having met the provisions of Article X.
Section 3. Any person having an interest in weighing and measuring problems in any member jurisdiction, regardless of residence, may become an associate member.
Section 4. Manufacturers, jobbers, wholesalers, firms, companies, corporations, associations, or individuals having an interest in or concerned with weights and measures work in any member jurisdiction, may become associate members, regardless of the location of their headquarters.
Section 5. Associate members, as individuals or otherwise, shall have a voice in all proceedings, except in executive sessions, but shall not vote.
Section 6. Honorary membership may, upon recommendation of the Executive Committee of the Board of Directors, be conferred upon those persons who have performed outstanding service in behalf of the Association, regardless of residence, by majority vote at a regular meeting.
ARTICLE IV - ADMINISTRATION
Section 1. The officers of this Association shall consist of the following: a President, a Vice-President (President-Elect), a Secretary-Treasurer, an Assistant Secretary, a Sergeant at Arms, and a Historian.
Section 2. There shall be a Board of Directors consisting of one member from each of the member jurisdictions. The President shall be chairman ex-officio of such board. Vacancies in any office may be filled by the Board of Directors for the unexpired term.
Section 3. All elective officers and the editor of the Newsletter of the Association shall be ex-officio members of the Board of Directors.
Section 4. There shall be an Executive Committee consisting of the five active immediate past presidents. The retiring member shall be Chairman of the Executive Committee.
Section 5. There shall be a standing Committee on administration and public affairs called Professional Development Committee consisting of five members.
Section 6. There shall be a standing Committee on Specifications and Tolerances consisting of five members.
Section 7. There shall be a standing Committee on Laws and Regulations consisting of five members.
Section 8. The president shall be a member ex-officio of all standing committees.
Section 9. The fiscal year of the Association shall be October 1st to September 30th.
Section 10. There shall be an Associate Membership Committee consisting of nine members appointed by the President.
ARTICLE V - AMENDMENTS TO BYLAWS
Section 1. These Bylaws may be altered, amended, or added to by a two-thirds majority vote of the jurisdictions present at an annual meeting of the Association. If nine jurisdictions or more are represented, it shall constitute a quorum. Any proposed changes to the Bylaws shall be submitted in writing to the Officers and the Board of Directors at least sixty days before the date of the next annual meeting. The President of the Association shall have the Editor-in-Chief of the Southern Weights and Measures Newsletter promptly print in the Newsletter, copies of all proposed amendments and mail these copies to members of the Association, not later than fifteen days before the date of the next annual meeting.
ARTICLE VI - MEETINGS
Section 1. There shall be regular meetings of the Association held on the approximate annual dates and at times and places selected by the Board of Directors.
Section 2. Special meetings may be called by the President upon request of the Board of Directors. No such meetings shall be called within sixty days of a regular meeting.
Section 3. Sessions of the Association shall be open to all members, except executive sessions authorized by the Board of Directors which shall be open to active members only.
Section 4. There shall be a session of the Board of Directors during each annual meeting of the National Conference on Weights and Measures and an executive session of the Board of Directors during each annual meeting of the Southern Weights and Measures Association.
ARTICLE VII - VOTING
Section 1. Nine jurisdictions represented by active members shall constitute a quorum.
Section 2. All delegates from each member jurisdiction shall be entitled to vote unless a formal vote is called for by a member jurisdiction and approved by two-thirds of the Directors. The formal vote shall be that each member jurisdiction shall be entitled to three votes provided said jurisdiction has three or more active and paid-up members present and this vote shall be cast as a unit. Jurisdictions with less than three active and paid-up members will be entitled to one vote for each such member present. This vote, as decided in a caucus of all active members present from the particular state or district, shall be cast by the head of the state or district department of weights and measures or by an active member from his state or district holding the proxy of the head. If neither the state or district head nor his proxy is present, the vote shall be decided in caucus by all active members present from the particular state or district.
ARTICLE VIII - ELECTIONS
Section 1. All officers and members of the Board of Directors shall be elected by ballot or by acclamation. A majority of all votes cast shall constitute a choice.
Section 2. There shall be a nominating committee of five members appointed by the President at each annual meeting. Said committee shall invite the counsel and advice of the delegates from the member jurisdictions, especially with reference to the nomination of members to the Board of Directors. Nominations may also be made from the floor.
Section 3. All officers and members of the Board of Directors shall be elected for a period of one year or until their respective successors are elected unless removed from office as herein provided. All officers shall take office immediately following the close of the annual meeting at which they were elected.
Section 4. Any officer may be removed from office by three-fourths vote of the Board of Directors for failing to perform his duties as set forth in the Bylaws or for actions considered detrimental to the Association.
ARTICLE IX - DUTIES
Section 1. The President shall preside at all meetings, shall preserve order, enforce the Bylaws, call special meetings, shall be ex-officio chairman of the Board of Directors, and shall appoint the necessary committees to carry on the work of the Association.
Section 2. The President shall make the appointments to the three standing committees provided for in Article IV, Sections 5, 6, and 7 of the Bylaws. On each of these committees there shall originally be appointed one member for a period of one year, one member for a period of two years, one member for a period of three years, one member for a period of four years, and one member for a period of five years. At the expiration of each original term, and thereafter, successors shall be appointed for a period of five years.
Section 3. The President shall appoint an auditing committee of three members which shall audit the Secretary-Treasurer's books and report its findings to the Association during the regular meeting.
Section 4. In the absence of the President the duties of his office shall devolve upon the Vice-President.
Section 5. The Secretary-Treasurer shall keep records of all proceedings and actions of the Association, shall collect all dues, give receipts therefore, and shall pay all bills on the approval of the President. The Secretary-Treasurer shall keep a detailed record of the receipt and disbursement of all funds. The Secretary-Treasurer shall make a financial report at each regular meeting. With the consent and approval of the President, the Secretary-Treasurer may purchase such book, postage, supplies and stationery as are necessary in conducting this office. The Secretary-Treasurer shall perform such other acts as customarily pertaining to such office.
Section 6. In the absence of the Secretary-Treasurer, the Assistant Secretary shall perform the duties of the Secretary-Treasurer. The Assistant Secretary shall also assist the Secretary-Treasurer as directed.
Section 7. The Sergeant at Arms shall perform those duties customarily incumbent upon such officer.
Section 8. The Historian shall perform those duties customarily incumbent upon such officer.
Section 9. The President or Secretary-Treasurer shall have the authority to send floral tributes in event of sickness or death in the household of a member of the Association.
Section 10. The Board of Directors shall determine the policies of the Association, shall fill vacancies in any office for an unexpired term, shall consider and prepare reports on proposed changes to the Bylaws, shall select time and place for annual meetings, shall pass upon members appointed to standing committees, shall request the President to all special meetings when necessary and shall authorize executive sessions of the Association when deemed advisable.
Section 11. The Executive Committee of the Board of Directors shall recommend honorary members for election and transact other business as authorized and directed by the Board. The Executive Committee shall have the power to act in the Board's behalf while the Board is not in session and shall make recommendations to the Board or to the members of the Association.
Section 12. All standing committees of this Association shall cooperate with and assist similar committees of the National Conference on Weights and Measures, the several state and regional weights and measures associations, and other organizations interested in securing the development of better weighing and measuring devices, practices and processes.
Section 13. The Standing committees shall without prejudice, give fair and unbiased consideration of any proposal submitted by the National Conference on Weights and Measures, or by an association of weights and measures officials, or by any member of the Southern Weights and Measures Association. All recommendations of the standing committees should be made available to the members of the association in writing not later than the opening day of the regular annual meeting. Such recommendations of the committees as are approved and endorsed by the members of the Association shall be sent to the Executive Secretary of the National Conference on Weights and Measures and such act shall be construed as a request for the National Conference consideration.
Section 14. The principle responsibilities of the Associate Membership Committee shall be to secure additional industry members, promote industry attendance at annual meetings and to advise and assist the Association on matters of mutual interest to the Association. There shall originally be appointed three members for a period of one year, three members for a period of two years, and three members for a period of three years. The Associate Membership Committee shall annually elect a chairman and vice-chairman from its members and these names shall be reported to the President of the Association. The chairman shall keep the President and Board of Directors appraised of the committee’s activities, and the chairman shall make an annual report of the committee’s activities to the members during the annual meeting.
NOTE: This section was amended in 2009. In 2008 the following policy was enacted until changes to the Bylaws could be made and remains here to provide further clarification to Article IX, section 14.
It shall be the SWMA policy that SWMA shall not accept contributions for conference social events.
The intent of this policy is to ensure that: (1) All costs for receptions, outings, and other social functions shall be paid for by registration fees, annual dues, and/or special participation fees, and (2) any contributions accepted by the SWMA shall be used as directed by the contributor (cannot accept contributions for social functions) and the contributor must specify a use for the funds (e.g., training scholarships, website enhancements and maintenance, defraying the cost of business meetings…).
ARTICLE X - DUES
Section 1. Member dues shall be determined by the Board of Directors. A two-thirds vote in favor of the dues is required. Said dues shall be payable during the month of October each year and shall cover the fiscal year involved. Members in arrears for dues shall not be entitled to any of the rights of membership and shall in no case be allowed to vote or hold office. Honorary members shall pay no dues and shall receive the Newsletter free of charge.
Section 2. In order to help defray the expenses of a meeting, a registration fee may be collected from each person attending the meeting, the amount of which shall be determined by President of the Association. The payment of the registration fee is expected of each person in attendance, however exceptions may be granted by the President.
ARTICLE XI - PARLIAMENTARY PROCEDURES
Section 1. Except as otherwise provided, Robert's Rules of Order, insofar as they are applicable to this Association, shall apply.
Section 2. The order of business at any regular meeting of the Association shall be as follows:
Section 3. These Bylaws shall be in full force and effect upon adoption by the Association. October, 1998.