NCACP CONSTITUTION and BY-LAWS

Revised Effective: January 31, 2006

ARTICLE I
Name and Objectives

Section 1. NAME - This organization shall be known as the N.C. Association of Chiefs of Police.

Section 2. OBJECTS - The objects of the Association shall be to advance the science and art of police administration and crime prevention, and to develop and disseminate approved administrative and technical practices and promote their use in police work, to foster police cooperation, unity of action, and the exchange of information and experience among police officers of this state, to bring about recruitment and training in the police profession of qualified persons, and to encourage adherence of all police officers to high professional standards of conduct.

ARTICLE II
Membership

Section 1. CLASSES OF MEMBERSHIP - The membership of the Association shall be classified and defined as follows: Active-Voting, Life members, and Associate Non-Voting members.

a. Active-Voting Members - Any N.C. sworn, full-time, salaried Chief of Police of any municipality, any county, or any campus law enforcement agency (established pursuant to G.S. §116-40.5).

b. Life Membership - The Board of Directors may consider, upon their retirement from law enforcement, any prior Active-Voting Members of the Association for Life Membership, who have been members for five or more years and honorably contributed to the well being and the success of the Association. Upon being recommended by the Board of Directors, the Association, by two-thirds (2/3) vote of the Active-Voting Members present at any Semi-Annual or Annual meeting, may elect such persons as are nominated to Life Membership. Life Members shall have all the rights and privileges of Active Members, except that of holding office and voting. Life Members shall be exempt from payment of dues. The Secretary of the Association shall issue each elected member a “Lifetime Membership Card.” Should a “Life Member,” after being elected to “Life Membership,” be gainfully employed in a position that would cause them to be eligible as an Active-Voting Member, their “Life Membership” shall be terminated until such time as they would again be eligible for “Life Membership.”

c. Professional Non-Voting Members - Any full-time salaried member of the aforementioned agencies in (a.) above with a minimum rank of Captain or the equivalent; or any salaried Agent in Charge of any state or federal law enforcement agency with the powers of arrest and assigned to duty in the State of North Carolina; or any level II (BA Degree or higher) campus law enforcement agency Chief accredited by the Southern Association of Colleges and Universities when such campus law enforcement agency is administered and governed solely by the College or University; or any sworn chief officer of a special or company police agency regulated by Chapter 74E of the North Carolina General Statutes; or any N.C. Sheriff or command-level N.C. Deputy Sheriff. Professional Non-Voting Members shall not vote or hold office.

d. Associate Non-Voting Members - The Association by majority vote of the Board of Directors may grant associate membership to any individual or organization that is dedicated to the advancement of the objects of the Association. Individual Associate members shall pay the same annual dues as Active members of the Association. Organizational associate members shall pay annual dues as established by the Board of Directors. Associate members shall not hold office or have voting privileges.

Section 2. APPLICATION FOR MEMBERSHIP - Application shall be submitted on forms and in such manner as the Board of Directors may prescribe. Eligibility for membership shall be determined by the Constitution of this Association. All applicants shall require the approval of the Executive Director and upon such approval, an applicant shall become a member of the Association.

Section 3. DUES - The annual dues of members shall be not less than twenty-five dollars ($25). The amount may be changed at any annual or semi-annual meeting by a majority vote of the Active-Voting members present. The membership year covered by such dues shall be January first through December thirty-first.

Section 4. RESIGNATION - Any member of any class of membership may submit notice in writing to the Board of Directors of his desire to resign.

Section 5. DISQUALIFICATION - Any member delinquent in the payment of dues for a period of one year shall be notified thereof by the Board of Directors, together with notice that, if proper explanation for the failure to pay such dues is not forthcoming, the name of such member shall be submitted to the Board for appropriate action.

a. Ineligibility to Continue Classifications - In the event a member of the Active-Voting classification becomes otherwise unable to meet the qualifications set forth in Article II, Section 1a, he shall be transferred to that class for which he qualifies, or terminated by action of the Board of Directors.

Section 6. ACTIONS AGAINST MEMBERS - The Board of Directors may censure, suspend, or expel any member for cause; provided, that notice of such proposed action and reasons therefore be mailed or given said member 10 days in advance. Provided further, that such member shall have an opportunity within 10 days after notice to answer such charges in writing directed to the Secretary for consideration by the Board of Directors or request a hearing before such Board, which hearing shall be held at such time, place and manner as may be prescribed. An appeal from the decision of the Board of Directors may be taken at the next annual meeting of the Association, where, by a majority vote of the Active-Voting members such decision may be sustained, reversed or modified.

ARTICLE III
Officers

Section 1. OFFICERS - There shall be the following officers of the Association:

Immediate Past President, President, First Vice-President, Second Vice-President, Secretary, Treasurer, and Sergeant-at-Arms. All officers shall be elected by vote of the Active-Voting Members at the Annual meeting for a term of one (1) year. The terms of office will begin immediately following the Annual Banquet.

Section 2. NOMINATING COMMITTEE - This Nominating Committee shall be composed of five (5) members appointed by the President at least ninety (90) days prior to the annual meeting.

Section 3. NOMINATION - It shall be the duty of said committee to nominate one candidate for each of the following offices: President, First Vice-President, Second Vice-President, Secretary and Sergeant-at-Arms. Additional nominations for any of these offices may be made by any Active-Voting member from the floor at the annual meeting.

Section 4. ELECTION - The Executive Director shall serve as Treasurer. After the election, the outgoing President shall hold the position of Immediate Past President and continue to serve on the Board for one year. The Regional Directors’ positions shall be filled by nominations from the floor. The recommendations of the nominating committee shall be announced at the time of election. Additional nominations may be made from the floor. All votes will be by secret ballot, unless only one candidate is nominated. The candidate receiving a majority of the votes for each office shall be declared elected. In the event no candidate received a majority of the votes on the first ballot, another ballot shall be taken between the two candidates receiving the highest number of votes on the first ballot, and the one receiving the highest number of votes shall be elected. All of said officers must be Active-Voting members of the Association as defined in Article II, Section 1a, at the time of election and during the term of office. Additionally, anyone nominated for President, First Vice-President, Second Vice-President, Secretary or Sergeant-at-Arms must have served on the Board of Directors within two years of the time of nomination or election.

Section 5. FILLING VACANCIES - In the event any Officer of the Association ceases to be an Active-Voting Member, as defined in Article II, Section 1a, the Board of Directors shall declare that Office vacant. If the vacancy occurs in the Office Secretary through President, the next lower Officers would then move to the next highest Office. Should a vacancy occur in the Sergeant-at-Arms Office, the selection to fill that vacancy should be made from one of the existing Board of Directors. Should a vacancy occur in the Board of Directors, the Board shall declare that Office vacant. The President shall nominate a person to fill the vacancy with the Board of Directors confirming such nomination. Should any Office become vacant the person appointed to fill the vacancy shall serve until the next Annual Meeting of the Association.

Section 6. THE PRESIDENT - The President shall preside at all meetings of the Association and act as Chairman of the Board of Directors. He shall appoint such standing and special committees and chairmen thereof as are authorized by this constitution or by the Association, or its Board of Directors. The President shall be responsible for the proper functioning of all committees and shall perform such other duties as may be assigned to him from time to time by the Board of Directors or by resolution of the Association. The President may also appoint any member of the Association to act as the representative of the Association in specifically prescribed matters. The President shall have authority to act in the best interest of the Association when decisions need to be made pertaining to outside organizations and time would not allow for a Board of Directors meeting to act upon decisions required.

Section 7. VICE PRESIDENTS - It shall be the duty of the First Vice-President to prepare and submit the agenda and supervise the planning of the training seminars, the budget, and other matters as designated by the President. The Second Vice-President shall serve as Liaison to the North Carolina Sheriffs’ Association, North Carolina Law Enforcement Officers’ Association, and other law enforcement or judicial organizations.

Section 8. SECRETARY - The Secretary shall serve as Secretary of the Board of Directors and of the Association. The Secretary shall give due notice of all meetings of the Association, and its Board of Directors, keep the Official minutes thereof, and perform such other duties as may be designated by the Board of Directors.

Section 9. TREASURER - The Treasurer shall serve as Treasurer of the Board of Directors and of the Association. He shall be held responsible for the custody of all funds and securities belonging to the Association, and may determine the manner of depositing and safeguarding such funds and securities. He shall receive all monies from dues and other sources belonging to the Association, and shall disburse funds only in accordance with the provisions of the constitution and the rules established by the Board of Directors. It shall be his duty to make a full financial report to the Association at its annual meeting, submitting such a report for audit and approval of the Board of Directors before action by the Association. He shall promptly deliver all monies, securities, books, papers, and other properties of the Association to his successor in office or to whomever the Board of Directors may designate to receive the same.

Section 10. SERGEANT-AT-ARMS - It shall be the duty of the Sergeant-at-Arms to ensure the security of all meetings of this Association as to credentials and identifications of participants, and orderliness of the members. Further, he shall be the official tally clerk for votes taken at said meetings. The Sergeant-at-Arms shall appoint such aids as he deems necessary to fulfill the duties described above. In the absence of the Sergeant-at-Arms at any meeting, the President shall appoint an alternate to assume the duties of the Sergeant-at-Arms.

ARTICLE IV
Board of Directors

Section 1. MEMBERSHIP - There shall be a Board of Directors consisting of the officers as provided in Article III, Section 1, and the Immediate Past President, and one Active member representative from each of nine geographical regions as follows:

Region I - That area bounded by and including the counties of Cherokee, Graham, Clay, Swain, Macon, Jackson, Haywood, Madison, Yancey, Mitchell, McDowell, Buncombe, Henderson, Polk, Transylvania, and Rutherford.

Region II - That area bounded by and including the counties of Watauga, Ashe, Alleghany, Wilkes, Avery, Caldwell, Alexander, Iredell, Burke, Catawba.

Region III - That area bounded by and including the counties of Stanly, Anson, Union, Cabarrus, Mecklenburg, Gaston, Lincoln, and Cleveland.

Region IV - That area bounded by and including the counties of Surry, Stokes, Yadkin, Forsyth, Davie, Davidson, and Rowan.

Region V - That area bounded by and including the counties of Caswell, Rockingham, Guilford, Alamance, Randolph, Chatham, Montgomery, Moore, Lee, and Harnett.

Region VI - That area bounded by and including the counties of Richmond, Scotland, Hoke,Cumberland, Sampson, Robeson, Bladen, Columbus, and Brunswick.

Region VII - That region bounded by and including the counties of Person, Granville, Vance, Warren, Orange, Durham, Wake, Franklin, Nash, and Johnston.

Region VIII - That region bounded by and including the counties of Wilson, Wayne, Greene, Pitt, Lenoir, Jones, Duplin, Onslow, Craven, Carteret, Pamlico, Pender, and New Hanover.

Region IX – Halifax, Northampton, Hertford, Gates, Currituck, Camden, Pasquotank, Perquimans, Chowan, Bertie, Edgecombe, Martin, Washington, Tyrrell, Dare, Hyde, and Beaufort.

Regional representatives shall be elected to the Board of Directors by the majority of all the Active members present and voting at the annual meeting from candidates nominated for each region from the floor. In order to be nominated or elected to represent a region, an Active member must be employed as the Chief of Police of a municipality, a county or a campus law enforcement agency (established pursuant to G.S. §116-40.5) within the region he is to represent. Regional representatives shall be elected for a term of one (1) year. No person may hold at one time more than one office of the Association, including the office of regional representative, which would entitle him to membership on the Board of Directors. In the event a regional representative Board member ceases to be employed as Chief of a department within the region for which elected, that position shall be considered vacant and shall be filled as prescribed by this Constitution, provided that the Active member appointed to fill the unexpired term shall meet the regional employment criteria required of elected regional representative Board members.

Section 2. QUORUM - Six (6) voting members of the Board of Directors shall constitute a quorum.

Section 3. DUTIES - The Board of Directors shall be the governing body of the Association, and shall have authority to take all appropriate measures and perform all duties required to accomplish the objectives of the Association. The Board of Directors shall, by issuing rules, establish a formal procedure for the conduct of the business affairs of the Association in accordance with the provisions of this Constitution. Such rules shall include membership; regulations governing the budgeting, receipt, custody, disbursement of, and accounting 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. The Board of Directors may appoint, remove, and prescribe duties for all such assistants as may be necessary to carry on the work of the Association.

Section 4. MEETINGS - The Board of Directors shall convene at a time specified by the President, at the annual and semi-annual meetings of the Association, and at such other times as the President or a majority of the Board of Directors may determine.

ARTICLE V
Committees

Section 1. APPOINTMENT - The President shall appoint such committees as are deemed necessary to conduct the business of the Association.
Section 2. EXPENSES - Actual expenses incurred by the committees may be paid by the Treasurer, provided, that such expenses were authorized by the Board of Directors of the Association.

ARTICLE VI
Meetings

Section 1. TIME AND PLACE - The Association shall meet annually and semi-annually at such time and place as shall be determined by the Board of Directors.

Section 2. SPECIAL MEETINGS - Special meetings of the Association shall be called by the President at the direction of the Board of Directors; provided, that written notice thereof shall be mailed by use of the US Postal Service or by Electronic Mail (E-Mail) together with the agenda of business to be conducted and time and place of meeting, to each member at least 15 days in advance. No action binding on the Association may be taken at such meeting unless the subject matter thereof is included in such notice.

Section 3. RESOLUTION - Every resolution shall be in writing and on presentation shall be numbered and referred by the chair, without debate, to an appropriate committee for consideration and report back to the membership at the annual, semi-annual or special meeting. Any resolution which is adopted by the Association shall be published in the minutes of the proceedings. All resolutions rejected will be referred to by number and title.

Section 4. RULES OF ORDER - Robert’s Rules of Order shall govern the procedure at any regular or special meeting or conference.

Section 5. QUORUM - Twenty (20) percent of the Active members shall constitute a quorum.

ARTICLE VII
Amendments

Section 1. This Constitution may be amended at any meeting or conference of the Association by a vote of the majority of the eligible members present, provided a notice of such meeting or conference describing the proposed amendment or amendments to be voted upon, shall have been mailed by use of the US Postal Service or by Electronic Mail (E-Mail) by the Board of Directors to all members at least fifteen (15) days prior to said meeting or conference.

ARTICLE VIII
Disposition of Assets

Section 1. In the event this Association shall be dissolved voluntarily, or involuntarily, or for any reason ceases to function, the assets of the Association shall be turned over to the Attorney General’s office to be used for training local law enforcement officers.

RULES OF PROCEDURE - BY-LAWS

Rule I
Meetings of the Board of Directors

Section 1. TIME - Meetings of the Board of Directors shall be held in accordance with Section 4 of Article IV. No expense for travel of members will be paid for meetings held in conjunction with the annual and semi-annual meetings of the Association.

Section 2. NOTICE OF MEETINGS - Notice to the Board of Directors of meetings, except during the annual or semi-annual meeting of the Association, shall be given at least five days in advance, except in cases of emergency, at which time notification of such meeting shall be communicated by wire, radio, telephone or Division of Criminal Information (DCI) Network to the members of the Board. Such notice shall be sent to each member of the Board by the President or the Secretary.

Section 3. ORDER OF BUSINESS

a. Minutes of previous meetings
b. Report of President
c. Report of Secretary and Treasurer
d. Reports of Special Committees
e. Communications
f. Miscellaneous Reports
g. Old or Unfinished Business
h. New Business
I. Adjournment

Section 4. AGENDA - The President shall prepare and distribute, prior to each meeting of the Board of Directors, an agenda covering the matters to be discussed at the meeting, organized in accordance with the Order of Business.

Section 5. REPORTS OF MEETINGS - Immediately following meetings of the Board of Directors, the Secretary shall distribute to all members of the Board a written record of the minutes thereof. A copy of such minutes shall also be kept by the Secretary as a permanent record of the Association.

Section 6. RESOLUTIONS - The Board of Directors shall take all necessary action to put into effect the resolution adopted by the Association at its annual, semi-annual or special meetings.

RULE II
Membership Procedure

Section 1. RECORDS - The Secretary shall keep a complete roster of all members of the Association showing all pertinent data covering their length of membership, official positions, committees served on, and status of dues payment.

Section 2. APPLICATIONS, NOMINATIONS FOR MEMBERSHIP - The method of submission and approval of applications and nominations for all classes of membership shall be as follows:

a. Applications for membership shall be sent to the Secretary on forms provided by the Association, which forms shall provide for the name, title, police agency and mailing address of the applicant, and also shall provide for the different classes of membership, in accordance with the Constitution. Such application shall carry the endorsement of an active-voting member of the Association who has personal knowledge of the qualifications of the applicant and such other information as is necessary to determine qualifications and class of membership. The required dues shall accompany the application. The Secretary shall submit all applications to the Board of Directors at the first meeting following receipt for consideration. Upon approval by a majority of the Board, the applicant shall become a member of the Association in that class of membership determined by the Board.

b. Nominations for Life Membership. The Board of Directors shall receive and consider suggestions for life membership. Such active-voting members as determined by the Board to be deserving shall be nominated for life membership at the next annual meeting of the Association.

Section 3. MEMBERSHIP NOTIFICATIONS - Upon election to membership in the Association, each member shall be sent a membership certificate and card, appropriate to his class of membership, by the Secretary. In order to provide for systematic handling of memberships, members are considered in good standing for the year in which they are accepted. Applicants approved after the first day of September shall be in good standing during the following membership year.

Rule III
Collection and Disbursement of Funds

Section 1. RESPONSIBILITY FOR COLLECTION AND DISBURSEMENT - The Treasurer shall be responsible for the collection of all monies or properties due the Association and for the payment of such monies or properties owned by the Association as authorized by the Board of Directors. He or she shall establish a uniform system of handling accounts of all such receipts and disbursements. Ordinary business obligations may be discharged by the Treasurer as they become due, with bills and vouchers to be approved at the next Board meetings.

Section 2. DEPOSIT OF MONIES - Funds received by the Treasurer on behalf of the Association shall be deposited without unreasonable delay in an account of the Association at such bank as is approved by the Board of Directors.

Section 3. EXPENSE ACCOUNTS - All expenses of Association members or committees, for which reimbursement is to be made by the Association, shall be submitted to the Treasurer. If the expense is proper, the Treasurer shall approve the same and forward it to the President for approval, after which it shall be submitted to the Board of Directors for approval. All payments shall be by check. Copies of all such accounts and other bills shall be kept by the Treasurer for the official files and made available for audit if requested.

Section 4. AUDIT - An annual audit shall be made of the financial transactions of the Association by a committee of three active-voting members appointed for the purpose by the President at the Annual Conference. The Secretary shall provide the audit committee with such reports and accounts as are necessary for its audit. The committee shall report its findings during the Annual Conference.

Section 5. BOND - The Treasurer shall be bonded by the Association in the amount set by the Board of Directors.

RULE IV
Use of the Official Seal

Section 1. SEAL - The official seal of the Association shall be maintained at the office of the Secretary, and shall be used only in connection with certification of official documents in accordance with standard practice.

RULE V
Committees

Section 1. DESIGNATION OF COMMITTEES - At the first meeting of the Board of Directors following each annual conference of the Association, the committees deemed necessary to carry on the work of the Association shall be adopted, in addition to committees already authorized at the annual conference. The objectives and general duties of such committees shall be designated, and the members of such committees, when appointed by the President, shall be notified of their responsibilities.

Section 2. COMMITTEE WORK - The President of the Association, with the assistance of the Secretary, shall keep in continuous contact with the committees of the Association and shall assist them in preparation of their reports. The President may assign individual Board members to serve in a liaison capacity between the Board of Directors and specific committees.

Section 3. AUTHORITY OF COMMITTEES - Neither the chairman, nor members of the committees, may incur expenditures payable out of the funds of the Association unless specifically authorized b the Board of Directors; nor shall any such committee, its chairman or its members, solicit funds or receive monies on behalf of the Association or such committees except as authorized by the Association or the Board of Directors. Such committees may take all necessary steps for the efficient pursuit of their committee work, but may take no action which is finally binding on the Association without approval of the Board of Directors, or the Association at its annual meeting.

RULE VI
Grants and Contributions

Section 1. APPLICATIONS FOR FUNDS - The President of the Association, or any member designated by him, when authorized by the Board of Directors, may make application to philanthropic organizations, government agencies, corporations or persons for grants or contributions of funds, or property, for carrying out the general or specific purposes of the Associations. No application shall be made to, or contribution received from, any person or agency except after a determination by the Board of Directors that a grant or contribution to the Association would be motivated by the desire to further the purposes of the Association and not to derive personal benefit or privilege to the donor.

Section 2. ACCEPTANCE OF GRANT - Any member who receives an offer of a grant or contribution for the Association shall immediately notify the President, but no grant or contribution shall be received or fully accepted by the Association except upon the approval of the Board of Directors. The terms of such grant or contributions, upon acceptance, shall be set forth in writing and signed by both the President, on behalf of the Association, and the donor.

Section 3. ADMINISTRATION OF FUNDS - Any grant or contribution to the Association shall be credited to its general fund, unless under the terms thereof a special fund is prescribed. The budgeting, receipt, custody and disbursement of any such grant or contribution shall follow the procedure defined in these rules for general funds of the Association, unless provided otherwise in the terms of the grant or contribution.

RULE VII
Publications

Section 1. SPECIAL PUBLICATIONS - Special bulletins, reports and other publications dealing with the findings of the committees of the Association, or with other subjects of general interest to the members, may be prepared and published when authorized by the Board of Directors. The Board of Directors shall also specify the manner, and to whom, such publication shall be distributed.

RULE VIII
Annual and Special Meetings

Section 1. PLACE, TIME AND HEADQUARTERS OF MEETING - In accordance with the provisions of the Constitution, the Board of Directors shall determine the time and place of the annual, semi-annual and special meetings of the Association. The headquarters shall be designated by the Board of Directors, or by a special committee appointed to handle the affairs of such meeting, in conjunction with representatives of the host city. Notice of the time and place of the meeting shall be served on each active, associate, and life member at least 15 days before the meeting.

Section 2. LOCAL ARRANGEMENTS - The First Vice President of the Association, when authorized by the Board of Directors, may appoint a convention committee, and also arrange with the Chief of Police of the host city in which the convention is being held to aid the Board of Directors in preparing the program, entertainment, and other work of the convention.

Section 3. EXHIBITS - The First Vice President, in conjunction with the Convention Committee, in arranging for hotel headquarters, may make provisions for adequate space to be used by the Association for exhibit purposes. The First Vice President is authorized to arrange for contracts for exhibits of police equipment, supplies, or any other appropriate service or product in accordance with a predetermined schedule of charges. All revenues from the sale of exhibit space shall accrue to the general fund of the Association.

Section 4. BUSINESS - The program for each annual meeting shall provide for reports by the President, Secretary, and Treasurer, and all such other officers and committees as may be appropriate. An opportunity shall be given for any member to present to the members at the business session of the annual, semi-annual, or special meeting any matter which he may deem desirable for the good of the Association. Each such meeting shall be called to order by the President, after which there will be an opening prayer. A report shall be made as to the election of new members. The President, on the first day of the annual meeting or any special meeting, shall appoint a resolutions committee of five active-voting members. No resolution shall be acted upon by the Association unless it has been referred to, and recommendation received from, the resolutions committee. All resolutions shall be submitted in writing, at a time designated by the President. The resolutions committee shall make its report at the business session of the annual meeting just prior to the election of officers. Pursuant to Rule III, Section 4, the President shall also appoint an auditing committee.