ARTICLE I - NAME, TERRITORY, AND PURPOSE

1.1        Name

The name of this organization shall be the Arizona Code Enforcement Association, hereinafter referred to as ACEA. ACEA shall operate as a non-profit corporation and shall be financially self-supporting.

1.2        Territory

ACEA shall represent all participating municipal, county, and state agencies located within the boundaries of the State of Arizona.

1.3        Purpose

The purpose of ACEA shall be to study and advance the science and practice of code enforcement through training and education leading to certification; to further the interests of the profession; and to promote fellowship, collaboration, and mutual understanding among its members.

 

ARTICLE II - MEMBERSHIP

2.1        Active Members

Any individual engaged in the regulation of health and safety in the natural or built environment, or otherwise responsible for the enforcement of municipal, county, state, or federal codes, and who resides or is employed within the State of Arizona, shall be eligible for regular membership. Upon payment of the established dues, such individual shall be designated as an Active Member.

2.2        Associate Members

Any student, non-resident or individual interested in code enforcement but not employed in the profession.

2.3        Charter Agency

2.3.1    A participating governmental agency with twenty (20) or more employees classified as code compliance or enforcement officers may apply for membership in ACEA as a Charter Agency. Charter Agency status permits the agency’s named employees to participate in ACEA activities without requiring individual enrollment as Active Members.

2.3.2    Upon payment of the established dues, the Charter Agency shall submit to the Treasurer a list of employees designated to participate in ACEA for that membership year.

2.3.3    The Charter Agency is entitled to one (1) vote only, to be cast collectively, on all ballot matters including the election of officers, amendments to the Bylaws and Articles of Incorporation, proclamations, and any items for which a voice vote is deemed inconclusive.

2.4        Participating Agency

Any governmental agency in which there is one or more active ACEA members.

2.5        Termination of Membership

2.5.1    Any member leaving the code enforcement profession for a period in excess of six months will cease to be an Active Member and will be considered an Associate Member.

2.5.2    Any member may be suspended and/or removed from the roll of ACEA upon finding by the Board of Directors and with a concurring vote by a majority of the membership taken by secret ballot.

2.5.3    Any member in default of his or her financial responsibilities to ACEA for a period of six months or more shall no longer be entitled to the benefits of membership in ACEA. This section does not preclude reinstatement upon payment of dues.

 

ARTICLE III - FISCAL ADMINISTRATION

3.1        Calendar Year

The calendar year for ACEA shall be from January 1 through December 31.

3.2        Annual Budget

The annual budget shall be prepared and presented by a Finance and Budget Committee appointed by the Board of Directors.

 

3.3        Dues

The amount of dues for each class of membership shall be established by the Board of Directors, as needed, to ensure the financial stability of the Association. Dues shall cover a one-year membership term, commencing on January 1 and concluding on December 31 of each calendar year.

3.4        Vouchers

All approved claims owed for payment by ACEA shall be submitted to the Treasurer in the form of a written and signed statement. All expenditures from ACEA funds shall be subject to review by the Board of Directors. Any check or disbursement exceeding $500.00 shall require the signatures of both the Treasurer and the President, or the Treasurer and one other authorized member of the Board of Directors.

ARTICLE IV - BOARD OF DIRECTORS

4.1        General Powers

Except as otherwise provided by these Bylaws, the Board of Directors may transact Association business in the interim between annual meetings; shall determine when committee reports are to be issued; shall effectuate motions voted by the Association; and may adopt rules for the regulation of its proceedings. The Board of Directors may be empowered to authorize the existence of chapter organizations.

4.2        Number and Type

The Board of Directors shall be eight in number comprised of the President, 1st Vice President, 2nd Vice President, 3rd Vice President, Secretary, Treasurer, Sergeant-at-Arms, and the Immediate Past President.

4.2.1    The Secretary and Treasurer are Ex Officio non-voting members, each of whom shall be elected by the Board at its annual meeting and shall have such authority and perform such duties as are provided in these Bylaws or as may be provided by resolution of the Board.

4.3        Manner of Acting

The act of the majority of the Directors present at a meeting at which there is a quorum shall be the act of the Board, unless the vote of a greater number is required by these Bylaws. In the event of a tie vote by the Board of Directors on any matter requiring a decision, the President shall be entitled to cast an additional tie-breaking vote. This vote shall be exercised only to break a deadlock and shall be in addition to the President’s regular vote as a member of the Board.

4.4        Eligibility of Office

Any Active Member of ACEA in good standing shall be eligible to hold office. A member in good standing is defined as one who meets all membership requirements as outlined in these Bylaws and has fulfilled all financial and participation obligations.

4.5        Terms of Office

The standard term of office shall be one (1) year and shall coincide with the provisions set forth in Section 3.1.

4.6        Duties

4.6.1 The President shall be directly responsible for the supervision and guidance of the affairs of the Association and shall preside over all meetings of ACEA. The President shall enforce the Bylaws of this Association and perform other duties that would be recognized as being part of the office.

4.6.2    The 1st Vice President shall be the President elect and will, in the absence of the President, preside over all meetings of the Association. The primary duties of the 1st Vice President shall be to chair the Steering Committee and to keep the President informed of the current progress and future plans of the Committee.

4.6.3 The 2nd Vice President will, in the absence of the President and the 1st Vice President, preside over all meetings of the Association. The primary duty of the 2nd Vice President shall be to chair the Certification Committee and to keep the President informed of the current and future plans of the Committee.

4.6.4 The 3rd Vice President will, in the absence of the President, 1st Vice President and 2nd Vice President, preside over all meetings of the Association. The primary duty of the 3rd Vice President shall be to chair the Membership Committee. The 3rd Vice President shall be responsible for maintaining a consistent and proactive effort throughout the year to increase the number of Active, Associate and Charter Members, as defined in Sections 2.1, 2.2, and 2.3.

4.6.5    The Secretary shall keep a complete record of all proceedings of the Association and shall be the recording officer and custodian of the records, except when specifically assigned to other individuals.  The primary duties of office shall include the recording of all regular and special Association meetings and meetings of the Board of Directors.  The Secretary shall be responsible for the Association’s correspondence and shall keep readily available at all meetings such records as the book of minutes, a copy of the Articles of Incorporation and Bylaws, the roster of membership, a complete list of any standing of special committees, current correspondence, and other records as necessary.

4.6.6 The Treasurer shall be the custodian of all financial matters of this Association and chair the Finance and Budget Committee. He or she will be responsible to receive and record the dues payment of all members and report same to the President. Records of all collections and expenditures from ACEA shall be received and signed by the Treasurer. The Treasurer’s books and records shall be audited each year by the Board of Directors prior to the annual conference. A report of all revenues and expenditures shall be made available to all members of the Association. At the annual meeting of ACEA, the Treasurer shall present a financial statement for all members to view if desired. The Treasurer shall keep an up-to-date roster of all members and shall make every attempt to advise ACEA of all applicable laws that directly affect the Association in order to maintain compliance with all such laws and procedures and establish the Association in its rightful and lawful position as so stated in Article I.

4.6.7 The Sergeant-at-Arms shall be the Parliamentarian of the Association and shall maintain order at all meetings and functions of the Association. The Sergeant-at-Arms shall be responsible for ensuring that all voters are in accordance with the provisions as described in Article II. The Sergeant-at-Arms shall chair the Bylaws Committee.

4.6.8 The Immediate Past President shall be responsible for ensuring that all voters are in accordance with the provisions of Article II. The Immediate Past President will be the Chairman of the Legislative and Judicial Review Committee and will keep the President informed of all actions and progress which the Committee makes.

ARTICLE V - ELECTIONS AND VOTING

5.1        Nomination of Officers

5.1.1    At least forty-five (45) days prior to the annual meeting, the Board of Directors shall appoint a Nominating Committee consisting of three or more persons who are Active Members in good standing of the Association.

5.1.2    The Nominating Committee shall prepare a slate of nominees for the offices of the 1st Vice President, 2nd Vice President, 3rd Vice President, and Sergeant-at-Arms.

5.1.3    The Nominating Committee may select and recommend multiple candidates for each office, provided that no more than three (3) individuals are nominated for any single office.

5.1.4    If there is only one nominee for a particular office, the assembled membership may, by proper motion, direct the Secretary to cast a single ballot on behalf of all qualified voters present. Upon the casting of such ballot, the President shall declare the nominee elected by acclamation.

5.1.5    The President shall announce the results of all balloting and shall declare all elections.

5.1.6    Formal notification of the election results shall be prepared by the Secretary or designee and shall be provided to each ACEA member.

5.2        Vacancies

In the event a vacancy is created in the office of the President, the 1st Vice President shall immediately vacate his or her office and assume the office of the President. The interim President shall succeed him or herself. The Board of Directors shall have the authority to appoint an interim appointee to the vacated office of 1st Vice President; the Board of Directors shall have the authority to appoint an interim appointee for any other vacated office until a regular election is held.

5.3        Voting

5.3.1 For the normal transaction of business, all members present shall have one vote, with Charter Agency Members having one vote per charter agency.

5.3.2 The Immediate Past President shall determine the eligibility for voting on specific business matters and the Secretary shall maintain a current list of eligible voters.

5.3.3 A quorum for a valid vote shall be a majority of those eligible members casting ballots. Proxy ballots will not be counted and are expressly prohibited.

5.3.4 No less than sixty (60) days prior to the Annual Business Meeting, a method for casting ballots shall be provided to each eligible voting member. The ballot shall include the names of the eligible candidates for the offices of 1st Vice President, 2nd Vice President, 3rd Vice President, and Sergeant-at-Arms, in accordance with Section 4.5 – Terms of Office.

5.3.5    Information pertaining to each candidate will be available in an electronic format no less than sixty (60) days before the annual business meeting. Candidate information will also be printed in the ACEA Newsletter prior to the annual business meeting.

5.4        Electronic Voting and Contingency Procedures

5.4.1    The Board of Directors shall have the authority to select and, if necessary, change the method or platform used for electronic voting to ensure the integrity and reliability of the election process. Any voting method or platform employed must be capable of limiting each eligible member to one (1) vote per office.

5.4.2    In the event that electronic voting is rendered impractical due to technical failure or if the integrity of the voting process is compromised, the Board of Directors shall implement an alternative voting method as soon as practicable. This may include either paper or alternative electronic ballots, with the specific procedures and parameters established by the Board as policy for the affected election.

5.4.3    All legally cast votes shall be counted, and the final results shall be announced at the Annual Business Meeting.

ARTICLE VI - MEETINGS

6.1        Annual Meetings

6.1.2  There shall be an annual meeting held during the fall of each year

6.1.3  The primary purpose of the annual meeting shall be:

i.  To receive the annual report from the retiring Association officers.

ii.  To adopt a budget for the next year of the Association operation, said year to commence January 1 of each successive year.

6.2        Special Meetings

6.2.1    The Board of Directors and/or President may call a special meeting at such time, date and place as they may consider appropriate.

6.2.2    At the written request of a minimum of 10% of the organization, the President shall call a special meeting.

 

6.3        Programs

The Board of Directors shall be responsible for appointing a Program Coordinator to oversee the planning and delivery of programs offered to the membership. The Program Coordinator shall ensure that all programs are of the highest quality and align with the established purpose and goals of the Association.

6.4        Minutes of Business Meetings

6.4.1    Complete and accurate minutes shall be recorded for each business meeting by the Secretary. In the Secretary’s absence, a qualified member of ACEA designated by the Secretary shall fulfill this responsibility.

6.4.2    All minutes, once recorded and approved by the appropriate body, shall become part of the permanent record of which the Secretary is the custodian.

6.4.3    The minutes of the annual meeting shall be recorded by the retiring Secretary.

 

ARTICLE VII - COMMITTEES

7.1        Appointment

The President shall, whenever necessary and appropriate, appoint special committees to carry out specific and limited duties. The President shall also appoint members, unless otherwise designated herein, to the following standing committees: Finance and Budget, Certification, Legislative and Judicial Review, Steering, and Membership. The Chairpersons of these standing committees are identified in the duties of each member of the Board of Directors, as outlined in Section 4.6.

7.2        Tenure

The tenure of each special committee shall extend only for the duration of its assigned task and shall not continue beyond the end of the ACEA fiscal year in which it was appointed, unless reauthorized by the succeeding President. Standing committees, established with defined responsibilities, are appointed at the discretion of the President and shall serve until the conclusion of the ACEA fiscal year, unless the incoming President elects to extend their service for an additional year.

7.3        Steering Committee

The Steering Committee shall meet as necessary and shall be responsible to the Board of Directors for the development and presentation of programs for the upcoming year.

7.4        Membership Committee

The Membership Committee shall meet as necessary and is responsible for the active recruitment of new members and the retention of present members.

 

7.5        Certification Committee

The Certification Committee is authorized to establish such regulations as it deems necessary to ensure that members of ACEA are properly certified in a manner that serves the best interests of both the public and the Association. The Committee shall meet as often as required to fulfill its objectives and shall report its progress and methods to the Board of Directors.

7.6        Legislative and Judicial Review Committee

The Legislative and Judicial Review Committee shall meet as needed and is responsible for reviewing ordinances throughout the State of Arizona that pertain to code enforcement. The Committee’s primary objective is to identify the most effective and efficient laws and advocate for their adoption on a statewide basis. This Committee shall be chaired by the Immediate Past President. In appointing members to this Committee, the President shall give consideration to lay members, all practicing attorneys who are active members and available to serve, and any other interested members.

7.7        Finance and Budget Committee

The Finance and Budget Committee shall meet regularly and at other times as necessary to fulfill its responsibilities. It shall oversee the financial affairs of the Association, ensuring sound fiscal management and adherence to budgetary policies. Specific duties include:

1. Preparing and presenting an annual budget proposal to the Board of Directors for approval.
2. Monitoring the Association’s income and expenditures to ensure compliance with the approved budget.
3. Reviewing financial statements and reports regularly and reporting findings to the Board of Directors.
4. Advising the Board on financial planning, investment strategies, and risk management.
5. Recommending policies and procedures to safeguard the Association’s assets and ensure financial integrity.
6. Overseeing the preparation and filing of required financial reports and audits.
7. Collaborating with other committees and officers as needed to support the Association’s financial goals.

 

 

ARTICLE VIII - AMENDMENTS

8.1        Proposal

Any proposed amendment to the Bylaws may be initiated by a written petition signed by at least 25% of the Active Members, by request of the Bylaws Committee, or by the initiative of the Board of Directors. After discussion and approval by the Board of Directors, the proposed amendment shall be submitted to a vote of the membership.

8.2        Adoption

Any proposed amendment shall require a majority vote for adoption. Voting shall be conducted by secret ballot, and only those delegates qualified and eligible to vote at the time of balloting shall be permitted to cast a vote on the proposed amendment.

ARTICLE IX - ORDER OF BUSINESS

9.1        Parliamentary procedures shall be defined in the current edition of Robert’s Rules of Order.

1. Roll Call of Officers
2. Announcements
3. Reports of officers and minutes
4. Program
5. Unfinished business
6. New business
7. Election of officers and seating same
8. Adjournment

ARTICLE X - SEVERABILITY

10.1     That if any part of these bylaws shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

ARTICLE XI - DISSOLUTION

11.1     In case of dissolution of this organization all assets remaining after payment of accrued expenditures shall be distributed to one or more organizations which qualify for a tax exemption as provided by the Internal Revenue Code of the United States of America as determined by the Board and no part of any assets shall go to benefit any private individual or member.