Proponent – Eddie Plunkett Eddie Plunkett <eddiep@fayettevilletn.com> TBOA BYLAWS ARTICLE I NAME Section 1. The name of this Association shall be: "TENNESSEE BUIDING OFFICIAL'S ASSOCIATION" ARTICLE II PURPOSES Section 1. Section 2. Section 3. Section 4. The purpose of the Association shall be to promote and encourage effective and efficient Codes Enforcement service for municipalities, counties, and the State of Tennessee. The Association shall encourage and improve communication and cooperation between Code Enforcement Officials. The Association shall cooperate with other Tennessee, Regional and National organizations in their efforts to serve the people of Tennessee. The Association shall promote the establishment of high standards of ethics and professionalism in its members. ARTICLE III MEMBERSHIP There shall be the following classes of members: Section 1. Active Membership An active member is defined as any full time employee, who works at least twenty hours per week, of a governmental unit or agency. An active member Page 1 of 7 must be engaged in the administration, formulation and enforcement of codes and ordinances relating to building construction. Such employee shall be actively engaged in the enforcement or administration of the adopted building codes and related ordinances of the governmental unit. In no case shall a governmental unit be entitled to more than one active membership, except jurisdictions having separate agencies engaged in the above activities, in which case the Board of Directors may classify such separate agencies as active members. Section 1. Active Membership A governmental unit or agency engaged in administration, formation and enforcement of codes and ordinances relating to building construction. In no case shall a governmental unit be entitled to more than one active membership, except jurisdictions having separate agencies engaged in the above activities, in which case the Board of Directors may classify such separate agencies as active members. Section 2. Associate Membership Associate Membership may be either professional or organizational. Section 3. 2.1 Professional – Professional Associate Membership may be held in the Association by any person engaged in the practice of architecture, engineering, or other activities related to building construction who is interested in principles and objectives of the Association. 2.2 Professional Artisan – Professional Artisan Membership may be held by Contract Inspectors, Commercial Contractors, Home Builders or any Mechanic engaged in the construction industry. 2.3 Organizational – Organizational associate membership may be held in the Association by any organization, association, institute, corporation, manufacturer of other similar groups, interested in the principles and objectives of the Association. Other Membership 3.1 Student - Student membership may be held in the Association by an individual enrolled in classes or a course of study occupying at least twelve hours of instruction per week. 3.2 Subscription - Subscription membership may be held in the Association by any individual, jurisdiction or organization wanting to receive mailings only. Page 2 of 7 3.3 3.4 Add Retired - Retired membership may be held by any former active member who has retired. Honorary - Honorary membership may be held by any person who has rendered outstanding service to the Association. An honorary member shall be proposed by the Board of Directors and confirmed by a majority of the active membership. Honorary members shall be voting members. ARTICLE IV DUES Annual dues are payable on November 1 of each year, unless modified by a twothirds vote of the membership at its annual meeting. The membership year is November 1 -October 31. Membership dues shall be set by the Board of Directors. ARTICLE V VOTING AND OTHER PRIVILEGES All Membership privileges shall be in accordance with the following: Section 1. Voting Only Active Members shall be entitled to vote, and they are limited to votes according to the following: Population less than 25,000 25,000 - 100,000 100,001 - 200,000 more than 200,000 Votes 2 5 10 20 Only designated voting members are entitled to vote for any jurisdiction and each jurisdiction's votes are further limited by the number of voting members present. Section 2. Motion In order to assure fair and appropriate jurisdiction of all pertinent concerns any active, associate, retired or honorary member may make or second a motion. Section 3. Eligibility for Board of Directors and Committees Page 3 of 7 3.1 3.2 3.3 Associates and only active members are eligible for nomination and election to the Board of Directors. The only exception being the Associate member of the Board of Directors as specified in Section 3.2. Two Associate members shall serve on the Board of Directors. These positions shall be non-voting members of the Board of Directors. Any member may serve on appointed committees. ARTICLE VI OFFICERS AND BOARD OF DIRECTOR Section 1. REMOVE The Officers of the Association shall be active members of the Association, except as provided for in Article V, Section 3.2, elected as provided in Article VI, Section II and shall consist of: (a) President (b) First Vice president (who shall be deemed to be President Elect) (c) Second Vice President (d) Treasurer (e) Secretary (f) Immediate Past President (g) Associate Representatives (non-voting) ADD 1.1 Immediate Past President shall only vote on the Board of Directors business when there is a tie vote. The Past President shall be a voting member and vote as a member at the regular TBOA business meetings. ADD 1.2 Associate Representatives are non-voting ADD 1.3 Section 2. REMOVE REMOVE Board of Directors must be elected and assume office at the end of closing business meeting (Last item under new business). The Board of Directors must be elected by a majority of the members present. All officers shall be elected at the Association's Annual Meeting; REMOVE THIS WORDING terms of office shall begin at the conclusion of the Annual Meeting at which the Officers are elected. All officers shall hold office for a term of one year. REMOVE THIS WORDING - Any officer may be re-elected to succeed themselves without limitation except the President and 1st Vice President who may serve only two consecutive terms of office. (Exception) Should the Board of Directors determine an emergency or other special situation exists, it may then ask the membership at an Annual Meeting to vote by a simple majority of those present and voting to allow the President and/or1st Vice-President one additional term of service. Upon an affirmative vote by the membership present and voting a presiding President and/or1st Vice-President may then be nominated, and if elected may then serve a REMOVE: third INSERT: Second term. Page 4 of 7 Section 3. The governing body of the Association shall be the Board of Directors and shall consist of the officers as set forth in Article VI, Section 1. Section 4 No officer may serve in more than one capacity of the Board of Directors. Section 5. Any vacancy in an office shall be filled for the unexpired term by a majority vote of the remaining members of the Board of Directors. Vacancies in office shall be deemed to exist if the incumbent leaves government services, or by resignation from office. ARTICLE VII ADVISORY COMMITTEE Each year the Board of Directors shall appoint an Advisory Committee. The President may appoint a Chair. PAST PRESIDENTS COMMITTEE Each year the Past Presidents of the TBOA will serve as a special advisory committee to the President of TBOA. Each year the President of TBOA will determine the responsibilities of this committee. ARTICLE VIII MEETINGS AND ELECTIONS Section 1. Section 2. Section 3. Section 4. Section 5. The annual meeting of the Association shall be held at such time and place as the Board of Directors shall prescribe. Special meetings of the Association may be called by the Board of Directors upon at least ten (10) days notice to the members of the time and place of such meeting. At any annual or special meeting of the Association those in attendance shall constitute a quorum. At meetings, or when voting on any matter is by mail, the will of the Association shall be determined by the majority of those members voting. The Rules of Order and Parliamentary procedure contained in Robert's Rules of Order, Revised, shall govern the transaction of business by and before the Association in all cases not specifically provided for in these bylaws. ARTICLE IX AMENDMENTS Page 5 of 7 Section 1. These bylaws may be amended by two-thirds vote of the members in attendance providing the proposed amendment is submitted to all state chapter presidents (60) days in advance, to the Board of Directors thirty (30) days in advance of any annual meeting, or at any annual meeting by three-fourths votes without any previous notice. TBOA Bylaws eff. 4/4/97. Revised 6/03/08. Revised 4/23/2007. Revised 4/6/2001 w/Amendment to Article VII. Revised 4/7/2004 w/amendment, Revised 4/20/2009, Revised 4/22/2012 Reason(s) For Proposed Amendments I will try to give reasons or explanations for why I think these changes are needed. Article III 3.4 Honorary members should be people that have served TBOA for many years with professionalize and honor. They should have knowledge of how the association should operate and being honored has an honorary member I feel should be a privilege and they should have the ability to have their voice heard by being able to vote. Article VI 1. g Personal preference. I think the document looks better with (non-voting) moved below 1.1 TBOA Board of Directors is made up of six people and there needs to be an odd number to prevent there being a tie Vote on the Board. If someone was out of pocket or abstained from voting there would be a tie and we need a tie breaker on this Board of Directors. 1.2 Goes back to 1. G 1.3 The TBOA Board of Directors are elected at the Opening Business Meeting. Sworn in at the Banquet and take office after the Closing Business Meeting. I think the election should be the last item on the agenda of the closing business meeting. The current board of directors are the ones who put the conference together and they should be in office until the closing business meeting. Worst case scenario: Opening Business meeting, all new board was elected. What if the board of directors that was just defeated got in there cars and left at the opening business meeting. What would that do to the organization and the membership? 2. The second sentence is covered under 1.3 above. It would be a duplicate. Page 6 of 7 I think with one term limit more people would get involved in TBOA. As it stands now you could serve 12 years on the Board of Directors, if everyone in front of you served a two year term. I know personally there are good candidates out there that will not serve because of this long term commitment. Page 7 of 7