Constitution and By-Laws

CONSTITUTION AND BY‑LAWS

OF

THE ERIE‑NIAGARA CHAPTER OF

THE NEW YORK STATE SOCIETY OF

PROFESSIONAL ENGINEERS, INC.

FOUNDED APRIL 17, 1930

PREAMBLE

CONCERNED  With the Public Weal, and

IN ORDER  to safeguard life, health, and property, by restricting the practice of Engineering to properly qualified persons.

LIKEWISE, to advance the welfare of the Engineering Profession by the establishment and observance of high ethical standards of conduct (in accordance with the Code of Ethics adopted by the New York State Society);

AND, to advocate the creation of enforcement of adequate license laws and practice acts;

ALSO, to place the control of engineering projects within the scope of such laws and acts;

FURTHER, to focus public attention upon the professional standing, functions, requirements, and accomplishments of engineers;

WITHAL, to sponsor and promote honorable procedure tending toward emoluments commensurate with the dignity and responsibility of this profession, THE ERIE‑NIAGARA CHAPTER OF THE NEW YORK STATE SOCIETY OF PROFESSIONAL ENGINEERS has been organized and to such ends the Constitution, of which this preamble is a part, is hereby set forth.

ARTICLE I ‑ NAME

Section 1. This organization shall be known as the Erie‑ Niagara Chapter of the New York State Society of Professional Engineers‑, Inc., the latter being hereinafter referred to as the State Society.

Section 2. This Chapter is chartered by authority of the State Society in accordance with the constitution of that body.

Section 3. The area of New York State over which this Chapter has been granted rights includes the entire counties of Erie and Niagara.

ARTICLE II ‑ MEMBERSHIP

Section 1. Any person licensed by the State of New York to practice Professional Engineering or Land Surveying who resides in or whose principal place of practice is in Erie or Niagara County or, subject to the approval of the State Society, in another county in which there is no chapter of the State Society, shall be eligible for membership in this Chapter and may remain a member only for as long as he or she continues to be so licensed.

Every professional engineer or land surveyor member, holding a New York State License, shall have the right to vote and to hold office in this Chapter.

Section 2. Any person licensed by any State, Territory, Possession or District of the U.S. except New York, or licensed by a Province or Territory of Canada to practice Professional Engineering or Land Surveying who resides in or whose principal place of employment is in Erie or Niagara County or, subject to the approval of the State Society, in another county in which there is no chapter of the State Society shall be eligible for membership in this Chapter for as long as he or she continues to be so licensed. Every such member shall have the right to vote and to hold any office in the Chapter except that of President, First Vice President, or Second Vice President.

Section 3. Any person certified by any State as Engineer ‑ in Training, Intern Engineer or Intern Land Surveyor who resides in or whose place of employment is in Erie or Niagara County or, subject to the approval of the State Society, in another county in which there is no chapter of the State Society shall be eligible for membership in this Chapter and may remain a member as long as he or she continues to be recorded as an Engineer ‑ in Training, Intern Engineer or Intern Land Surveyor by the State that certified him or her, but for no longer than 12 years. Every such member shall be known as an Associate member and shall be entitled to all of the prerogatives and privileges of membership except the right to hold office in this chapter.

Any graduate Engineer or Land Surveyor actively pursuing an engineering or surveying career or engaged in post graduate engineering study who resides in or shows place of employment is in Erie or Niagara County or, subject to the approval of the State Society, in another county in which there is no chapter of the State Society shall be eligible for membership in this Chapter and may remain a member for no longer than four years and shall advance to the member grade as soon as eligible. Every such member shall be known as an Associate Member and shall be entitled to all of the prerogatives and privileges of membership except the right to hold office in the chapter.

Section 4. Any student enrolled in a curriculum which is part of a program leading to engineering licensure shall be eligible for student membership. If the college or university in which he or she is enrolled has a student chapter, the student must be enrolled through that chapter. Student members shall be granted such prerogatives and privileges as the Board may decide but shall not be granted the right to vote or to hold office in the Chapter.

Section 5. A member may become eligible for life membership or privileged membership or disability waiver as provided in the bylaws of the State Society.

Section 6. Admission to chapter membership shall be by the vote of the Chapter Board of Directors, hereinafter referred to as the Board of Directors, after application has been submitted in due form.

This Chapter will transfer a member to another chapter upon request of that member and the consent of the other chapter, provided that the member has paid his or her dues for the current year.

Section 7. Chapter membership in any classification simultaneously conveys membership in the State Society and in the National Society of Professional Engineers, hereinafter known as the National Society, in that same classification.

Section 8. This Chapter shall have exclusive control of its membership both as to admission and disciplinary action, except that in expulsion cases final action shall not be taken without approval of the Board of Directors of the State Society.

Section 9. A member of this Chapter may resign his or her membership by a written communication addressed to the Membership Secretary of this Chapter or to State Society headquarters. If all dues have been paid, the resignation shall be accepted, unless charges have been preferred against this member and are pending at the date of application to resign. It will be considered, for the purposes of this Section, that the paid‑up period extends thirty days after the period for which dues have actually been paid.

ARTICLE III ‑ DUES

Section 1. No initiation fee shall be charged. The actual dues shall be established by the Board of Directors, within the limits hereinafter specified.

Section 2. In addition to Chapter dues, annual per capita fees for membership in the State and National Societies shall be paid by each Chapter member.

Members elected during the calendar year shall pay proportionate dues for the unexpired quarters of that calendar year.

Section 3. Annual dues are payable in advance, and shall he collected as provided in the Bylaws of the State Society.

Section 4. A member is in good standing or delinquent as per the Constitution and Bylaws of the State and National Societies.

Section 5. A member shall be entitled to all prerogatives and privileges of membership unless he or she is classified as delinquent as set forth in Section 4 above.

Section 6. The Board of Directors may waive the requirement of annual chapter dues in accordance with the requirements of the State and National Societies.

Section 7. Every person admitted to membership in this Chapter shall be considered liable for payment of dues thereto until he or she is transferred or until his or her membership is terminated by resignation or other cause.

Section 8. Chapter dues, State Society dues, and National Society dues all shall be collected at the option of the State Society.

ARTICLE IV ‑ OFFICERS AND DIRECTORS

Section 1. The elected Officers of this Chapter shall be a President, a First Vice‑President, a Second Vice‑President, a Secretary, a Membership Secretary and a Treasurer. There shall be six elected Directors.

Section 2. The President, the Vice‑Presidents, the Secretaries and the Treasurer shall hold offices for terms of one year and are to remain in office until their successors are elected and installed, unless resignation, suspension, expulsion or other cause shall prevent their continuance in office.

Section 3. Two of the six Directors shall be elected each year, to serve for a term of three years, and shall remain in office until their successors are elected and installed, unless resignation, suspension, expulsion or other causes shall prevent their continuance in office.

Section 4. The Board of Directors shall be composed of the six Officers of the Chapter, the six elected Directors and the immediate Past President.

Section 5. The President shall preside at all meetings of the Chapter and the Board of Directors. He or she shall be Chairman of the Board of Directors and shall be a member ex‑officio of all standing, regular and special committees. The President shall appoint Director Chairmen for standing committee groups, members of the Nominating, Executive and Ways and Means Committees and the Delegates to the Technical Societies Council.

Section 6. The First Vice‑President, or in his or her absence the Second Vice‑President, shall perform all of the functions and duties of the President whenever the President is absent or unable to perform the functions and duties of the office, and each shall act as Director Chairman of Committee groups as assigned by the President.

Section 7. The Secretary shall conduct such correspondence and issue calls to the membership for any regular or special meetings and notices as instructed by the President or the Board of Directors. In the absence of the President and Vice‑ Presidents, the Secretary shall call meetings to order and call for a motion for the election of a president pro tempore. He or she shall make and keep an accurate report of all transactions and deliberations of the Chapter at all regular, special and annual meetings, and shall make a like record of all transactions and deliberations of the Board of Directors. As soon as practical after the annual meeting, and not later than July 1st, the Secretary shall report to the duly designated officers of the State Society the names of the newly elected officers, directors and, not later than September 1st, the name of the chairman of the standing and regular committees of this Chapter. He or she shall be prepared to render special reports, if called for by the President or Board of Directors. The Secretary shall act as Historian for the Chapter, keeping up to date a complete historical record of the Chapter's aims, activities and accomplishments. At the annual meeting he or she shall submit a written report covering the activities of the office including a historical summary of the past year's accomplishments. At the end of the term of office, or whenever succeeded in office for any other reason, the Secretary shall turn over to his or her successor all books, records and other property of this Chapter, taking a receipt therefore from the successor.

Section 8. The Membership Secretary shall keep a correct record of all accounts with members of this Chapter. He or she shall at all times keep current the membership roster for mailing and other purposes. He or she shall report promptly to the duly designated officers of the State Society the names of all newly elected members, members who have resigned, have been transferred, suspended, or expelled, and members who have died. The Membership Secretary shall be prepared to render special reports, if called for by the President or Board of Directors. At the annual meeting he or she shall submit a written report covering the activities of the office including a statement on the membership of the Chapter. At the end of the term of office, or whenever succeeded in office for any other reason, The Membership Secretary shall turn over to his or her successor all books, records and other property of this Chapter, taking a receipt therefore from the successor.

Section 9. The Treasurer shall receive all monies paid to this Chapter and make all disbursements approved by the Board of Directors. He or she shall keep accounts current and in such form that he or she may make partial or complete reports when called upon at any meeting and to render special reports as called for by the President or Board of Directors. The Treasurer shall submit to the Board of Directors, 30 days after the beginning of the organizational year a written report of all receipts, disbursements and balances on hand for the organizational year just completed. At the end of the term of office, or whenever succeeded in office for any other reason, the Treasurer shall turn over to his or her successor all books, records, monies, and other property of this Chapter, taking a receipt therefore from the successor.

ARTICLE V ‑ NOMINATIONS AND ELECTIONS

Section 1. There shall be a Nominating Committee composed of five members appointed by the President, with the approval of the Board of Directors, to be selected from Chapter members certified by the Membership Secretary to be in good standing. At least three of such members shall be past presidents, one of whom shall be designated by the President to serve as chairman. At the March meeting a majority of the Nominating Committee shall present to the Secretary a list comprising at least one nominee for each office to become vacant, and at least two nominees for Directors, plus at least one nominee for each vacant and unexpired directorship, first having ascertained that each nominee is a member in good standing and will serve if elected. Nominations for any office may also be made by petitions, signed by ten members in good standing, presented to the Secretary within one week following the March meeting.

Section 2. At least ten days prior to the April meeting, the Secretary shall mail to each member a letter ballot, upon which the names of the members nominated by the Nominating Committee and the names of members nominated by petitions shall appear, with blank spaces opposite each office for use of the voter if he desires to substitute another name.

Ballots to be counted shall be delivered to the Secretary either by mail or in person by the voter, prior to the closing of the polls.

Section 3. In accordance with the order of business at the April Meeting, the President shall close the polls and appoint a committee of tellers. The ballots shall be handed unopened, to the tellers, who shall count the votes and report the results to the President. The nominee for each office who receives the highest number of votes shall be declared elected, except that in the event of more than two nominees for the two new three‑year‑term Directorships the two nominees receiving the highest numbers of votes shall be declared elected. In case of a tie between two or more of the same office or directorship, the members present shall elect by majority ballot the Office or Director from the persons to tied.

Section 4. The officers and Directors declared elected at the April meeting shall be installed at the May meeting, preparatory to their taking office at the beginning of the organizational year.

Section 5. Any vacancies occurring during the year, among either the Officers or the Directors, shall be filled by the President with the approval of the Board of Directors. In case the office of President becomes vacant the First Vice‑President, or in the event of his inability to serve, the Second Vice‑President shall succeed to the office of President for the remainder of the term.

In case of a vacancy in the directorship which does not expire at the end of the current organization year, the appointment shall be only for the period until the next Chapter election.

ARTICLE VI ‑ STATE SOCIETY DIRECTORS

Section 1. The number of State Society Directors the Chapter is authorized is established by the State Society Constitution and Bylaws.

Section 2. The State Society Directors shall be, in order of succession, the President, the First Vice‑President, the Second Vice‑President, and the Immediate Past President. In the event the Chapter is authorized more than four State Society Directors, the majority of the Nominating Committee shall present to the Secretary at the March meeting a list of nominees for State Society Directors and their alternates.

Section 3. The names of the nominees for State Society Directors and their alternates shall be included on the letter ballot mailed by the Secretary at least ten days prior to the April meeting.

Section 4. The fifth and beyond, State Society Director and all alternate positions shall be filled by the nominees receiving the highest number of votes.

Section 5. In the event a State Society Director is elected to a State Society Office, the Directorship shall be considered vacant and a new State Society Director shall be chosen to fill the unexpired term.

Section 6. Any vacancies occurring during the year, among either the State Society Directors or their alternates, shall be filled by the President with the approval of the Board of Directors.

Section 7. The State Society Directors shall act in accordance with the instructions of the Chapter membership, if expressed by a majority vote, or otherwise as directed by the Board of Directors.

ARTICLE VII ‑ ADMINISTRATION

Section 1. The government of this Chapter shall be vested in the Board of Directors, subject to the provisions of this Constitution and By‑laws.

Section 2. There shall be an Executive Committee of the Board of Directors consisting of the President, First Vice‑ President, Secretary, Treasurer, three Directors designated by the President and approved by the Board of Directors, and any State Officer who is a member of this Chapter.

The Board of Directors may delegate to the Executive Committee such of its powers and duties as it may determine, and any actions taken by the Executive Committee in conformity with such delegation shall have, when approved by the Board, the full force and effect of actions by the Board itself.

Section 3. The Board of Directors shall approve a budget by the first regular Chapter meeting in September and direct the investment, care and expenditure of the funds of the Chapter. It shall in general direct the affairs of the Chapter, either through itself or its officers or through its executive committee or other committee.

Section 4. The Board of Directors shall carry out such activities as the Chapter may prescribe at its regular or special meetings.

Section 5. The Board of Directors shall meet at least four times annually, and either the Board of Directors or the Executive Committee shall meet at least six additional times annually, at the call of the President or a majority respectively of the Board or Committee.

Section 6. A quorum of the transaction of business at any meeting of the Board of Directors shall be seven members of the Board, one of whom shall be the President or the First Vice‑ President. A quorum for the transaction of business at any meeting of the Executive Committee shall be four of the Committee, one of whom shall be the President or the First Vice‑President.

VIII‑ STANDING COMMITTEES

Section 1. The newly elected President shall appoint from, and subject to approval by, the Board of Directors, and announce by circular letter not later than thirty days following the Annual Meeting of the Chapter, the Director Chairman of the following Standing Committees: Chapter Management; Society Promotion 'A" and "B"; Public Service; and Functional Committees.

The Chairman of the Standing Committees on Chapter Development "A" and "B" shall be the First and Second Vice‑ Presidents, respectively. Each Standing Committee shall consist of its Director Chairman and the heads and members of its constituent committees. Except in the cases of the Nominating Committee, the Ways and Means Committee, the Honors and Awards Committee, and the Technical Societies Council Delegates, the Chairman of the constituent committees shall be appointed by said Director Chairman, subject to the approval of the President, and the members of the constituent committees shall be selected by the Chairman of each committee, with the approval of his or her Director Chairman. All Standing Committees and their constituent committees must obtain the approval of the Board of Directors before making public any findings, reports or opinions concerning their activities.

Section 2. The Delegates to the Technical Societies Council shall be appointed by the President, subject to the approval of the Board of Directors. For compliance with the Constitution and By‑Laws of said council: two delegates are to be appointed, each for a two year term; with one said delegate subject to change or reappointment each year; and with notification to the Council before the end of April of any change or reappointment of the delegate whose term expires that year.

ARTICLE IX ‑ CONTRAVENTION

Section 1. No part of this Constitution shall be construed to contravene the Constitution of the State Society.

Section 2. Should the Constitution of the State Society be amended in a manner that this Constitution would contravene, this Constitution shall immediately and automatically be amended to conform to the Constitution of the State Society.

ARTICLE X - BYLAWS

Section 1. The board shall prepare and adopt a series of Bylaws that shall govern all procedures under this Constitution, including those of the Board and of the committees.

Section 2. The Bylaws may be amended by an affirmative vote of a majority of the Board present at a meeting provided that the text of the proposed amendment shall be mailed to the Board at least 20 days before the meeting at which the vote on the amendment will be taken and shall become effective as of the date of passage.

ARTICLE XI ‑ AMENDMENTS

Section 1. Amendments of this Constitution may be proposed by the Board of Directors or by a majority vote of members present at any meeting. A copy of the proposed amendment shall be mailed to each member at least ten days prior to the meeting at which it is proposed to vote upon such amendment, together with a ballot upon which a member may register his approval or disapproval of the proposed amendment.

Ballots to be counted shall be delivered to the Secretary either by mail or in person by the voter, prior to the closing of the polls.

Section 2. At the meeting at which it has been announced that the proposed amendment will be voted upon, the President shall appoint a committee of tellers, to whom the ballots shall be handed, unopened, for counting. The tellers shall count the votes indicated on the ballot, and if at least 20% of the Chapter membership have voted, and two‑thirds or more of the members voting have declared themselves in favor of the adoption of the proposed amendment, the same shall be declared to become part of this Constitution, subject to the approval of the Board of Directors of the State Society, and effective upon the date of such approval.

© Erie-Niagara Chapter NYSSPE
Powered by Wild Apricot Membership Software