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Kansas Bail Agents Association |
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"Bail Agents Assure Justice" |
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bylaws |
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KANSAS BAIL AGENTS ASSOCIATION BYLAWS
ARTICLE I
NAME AND LOCATION
Section 1. Name.
The name of the Association is Kansas Bail Agents Association, (KBAA).
Section 2. Location.
The principal office of the Association and location of the Association shall be at the office of the President or as otherwise directed by the Board of Directors.
ARTICLE II
OBJECT AND PURPOSE
The object and purpose of this Association is to promote free enterprise bail and protect the interest and honor of the bail profession. Our mission is providing information, education and representation in promotion of our motto “BAIL AGENTS ASSURE JUSTICE” and to promote, upgrade, and perpetuate the bail bond profession through the following objectives:
1. Promoting legislation and rules which will advance the profession.
2. Combating legislation and rules which may harm the profession.
3. Promoting and maintaining professional and ethical standards for the profession.
4. Improving relations between the industry and the legal community - attorneys, judges, clerks and sheriffs - and the general public, both locally and nationally.
ARTICLE III
MEMBERS
Section 1. Membership Types. Membership in the Association shall be restricted to those persons or businesses associated with the bail bonding industry who express a desire to help promote professionalism within the industry and who are approved by a majority of the Board of Directors.
KBAA recognizes three types of membership and membership is not transferable: (1) Voting members, (2) Associate members, and (3) Honorary members. All members shall adhere to the KBAA Code of Ethics.
A. Voting members are those individuals who qualify under Section 2. of this Article and pay the annual dues.
B. Associate members are supportive friends of bail agents and have paid the annual dues. They cannot vote, hold office, but may serve on committees and may attend meetings.
C. Honorary Members are those authorized under Section 6 of this Article.
Section 2. Eligibility for Voting Membership.
Membership shall comprise all resident Kansas Bail Agents who made application to KBAA and are currently licensed or approved by the authorized Governmental agencies within their respective jurisdictions to execute bail bonds for the public sector and are in good standing, by paying annual dues, in KBAA. Voting membership shall be revoked if the member has their license, permit or right to execute bail bonds revoked by any issuing authority. Membership shall not be denied on the basis of gender, race, color, creed, or national origin.
Section 3. Good Standing.
Members in good standing are those members who paid their annual membership dues or renew their membership on or before its expiration. Any member in good standing may publicize such membership, including the use of the Association’s logo, so long as said logo is not utilized in a manner that will reflect adversely upon the Association.
Section 4. Annual Dues.
The annual dues shall be as determined by the Board of Directors and ratified by the membership, payable in advance each year. Members shall be billed at least 60 days prior to their expiration date each year. Dues are past due if not paid in full on or before their membership expiration date each year. Non-paying members are in arrears after such date, and they shall be notified by the Association that they are dropped from membership.
Members dropped from membership shall be placed in a pending status with no benefits for a period of 60 days. If they pay their full dues during such period, they shall be reinstated to full membership. However, they shall not be entitled to vote at the annual meeting unless their dues are paid in full and received by the State office on or before the day preceding the current annual meeting and if paid at the annual meeting the dues will only be accepted during the general meeting registration period(s).
Section 5. Revocations.
Membership in the Association may be suspended or revoked by a two-thirds majority vote of the Board of Directors upon a documented showing of reasonable cause or documented showing of a breach of confidentiality.
Section 6. Honorary Members.
Only the Board of Directors may confer this class of membership. This one-year membership is limited to those individuals who may have no incentive to obtain Membership in any classification; however, by virtue of their position or accomplishments, it is in the best interest of KBAA that the individual receive information regarding KBAA. The Honorary member shall not vote or hold office in any capacity, except that they may serve as ex-officio member of any committee.
ARTICLE IV
OFFICERS
Section 1. Officers and Executive Committee.
The Officers of the Association are the President, Executive Vice-President, Secretary, and Treasurer. These officers comprise the Executive Committee. The Executive Committee shall meet and make appropriate recommendations to the Board as necessary.
Section 2. Duties of Officers.
The principal duties of the officers are:
A. President. The President shall preside at all Association business meetings and meetings of the Board of Directors. He or she shall be the Chief Executive Officer of the Association. Subject to the control of the Board of Directors, he or she shall have general charge and supervision of the administration of the affairs and business of the Association. He or she shall supervise the Executive Director. The President shall see that all orders and resolutions of the Board are carried into effect. He or she shall sign and execute all legal documents in the name of the Association when authorized to do so by the Board and shall perform such duties as may be assigned to him or her from time to time by the Board.
The President shall submit plans and suggestions to the Board for the work of the Association, direct general correspondence, and present his or her recommendations in each case to the Board for decision. He or she shall submit a report of the activities and business affairs of the Association at each annual meeting of the Board and at other times when called upon to do so by the Board.
B. Executive Vice-President. The Executive Vice-President shall perform the duties of the President in the event of the President’s absence or temporary disability for any cause whatsoever. He or she shall perform such additional duties as may be prescribed by the Board. He or she shall monitor national and state legislative activities that may affect the bail bond profession.
C. Secretary. The Secretary shall have charge of the records and correspondence of the Association under the direction of the President. He or she shall give notice of and attend all meetings of the Board. He or she shall perform such other duties as shall be assigned by the President and/or the Board.
D. Treasurer. The Treasurer shall keep an accounting of all monies, credits, and property of the Association that come into the Association and keeps an accurate account of all monies received and discharged. The Treasurer and the Executive Director shall keep proper books of accounts and other books showing at all times the amount of the funds and other property belonging to the Association, all of which shall be open at all times to the inspection by any member of the Board. He or she shall submit a detailed written line-item financial report of the accounts and financial condition of the Association at each semi-annual meeting of the Board and at such other times as directed by the Board of Directors. The Treasurer and/or Executive Director shall, under the direction of the Board of Directors, disburse all monies and sign or countersign all checks and other instruments drawn on or payable out of the funds of the Association. Checks may be countersigned by the President, Executive Vice-President, Senior Vice-President, or such other member of the Board as the Board of Directors shall designate in writing.
The Treasurer shall make such transfers and alterations in the securities of the Association as ordered by the Board. In general, the Treasurer shall perform all the duties that are incident to the Office of Treasurer, subject to directions of the Board, and perform such additional duties as prescribed from time to time by the Board.
The Association shall purchase and maintain Dishonesty Bonds covering all individuals who are signatories on all accounts. The Treasurer will present to the Board an accountant's review from an outside accountant to be approved by the Board, which shall include a review of all accounts payable, accounts receivable, and shall provide a detailed report of all Association bank accounts.
Section 3. Nominating Committee.
The Nominating Committee shall comprise a Chairman appointed by the President and the Past Presidents of the Association.
Section 4. Election and Term of Office.
The Board of Directors is elected by majority vote of the members entitled to vote at the annual meeting. Election shall be by written ballot unless there is one candidate for an office. Election for a one-candidate office shall be by voice vote. No proxies shall be allowed.
The elected Board members shall serve for two years or until their successors are elected. Their term of office shall begin at the close of the annual membership meeting at which they are elected. Each Board member shall remain in office until the close of the annual meeting that their successors are elected unless removed from office pursuant to these bylaws or such Board member has two (2) un-excused absences, in which case the Board Member will be automatically removed and a vacancy shall exist. No member shall be eligible to be an officer or director unless they have been a voting member in good standing for the prior two years.
Section 5. Multiple Seats.
No member shall hold more than one office at a time, except the office of Secretary and Treasurer may be combined.
Section 6. Vacancies in Office.
Vacancies, other than the office of President, may be filled by appointment of the President and approval of the Board of Directors until the next election. A vacancy in the office of President shall be filled by a majority vote of the Board until the next election.
ARTICLE V
MEETINGS
Section 1. Annual Meeting.
The annual meeting of the Association shall be held in the first calendar quarter of each year. The purpose of the annual meeting is to transact Association business and elect officers and directors as required by these Bylaws. It shall be the duty of the Secretary of the Association to give at least thirty (30) days notice of such meeting to each member, in writing, by United States mail or published in a KBAA newsletter or confirmed electronic mail.
Section 2. Special Meetings.
A Special meeting of the Board of Directors shall be held when the President calls for such a meeting. Each Board member shall be given thirty (30) days written notice of such meeting. An agenda for the meeting shall be prepared by the Secretary, or their designee, and distributed to each member of the Board of Directors by mailing via United States first-class mail, confirmed telefax, or confirmed electronic mail to each member of the Board at least one week prior to the special meeting.
Section 3. Emergency Meetings.
Emergency meetings of the Board of Directors shall be held when called by the President or by simple majority vote of the Board. Written notice thereof shall be given at least seventy-two (72) hours in advance by confirmed telefax or confirmed electronic mail to each member of the Board.
Section 4. Telephone Conferencing.
Emergency or Special Board meetings may be held via telephone conferencing. Votes may be confirmed by electronic facsimile signed by the individual Board of Directors member and received by the Secretary or his or her designee within four hours of the telephone conference.
Section 5. Quorum for Meetings.
(1) A majority of the voting members of the Board of Directors shall constitute a quorum for the transaction of business at all meetings convened pursuant to these Bylaws.
(2) No business shall be conducted by the Board unless a quorum is present.
(3) The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board.
Section 6. Meeting Procedures.
The President shall call meetings of the Board of Directors to order and act as Chairman of such. In the absence of the Secretary at a meeting, the Chairman may appoint any person present to act as secretary of that meeting. Copies of the minutes shall be sent to all Board members within thirty (30) days following any meeting.
Matters may be placed on the written agenda for any meeting or annual meeting by any Board member or voting member in good standing. They shall notify the Secretary in writing of the matter to be placed on the agenda no later than thirty (30) days preceding the meeting or annual meeting.
Section 8. Order of Business.
Annual Meetings of General Membership.
The order of business at each annual meeting shall follow as closely as possible the following format:
(1) Call to order, immediately followed by items 2 through 14,
(2) Invocation and Pledge of Allegiance,
(3) Reading of the notice of the meeting,
(4) Reading of the minutes of the preceding meeting and action thereon,
(5) Report of the President,
(6) Reports of the Officers,
(7) Committee reports,
(8) Election of the Officers (when applicable),
(9) Election of all other Board members (when applicable),
(10) Miscellaneous business placed on the agenda by any Board member or the Executive Director,
(11) Unfinished business,
(12) New business,
(13) Announcements, and
(14) Adjournment.
All other presentations shall follow item twelve (12) of the meeting agenda.
Section 9. Emergency Agenda Matters.
The Board of Directors may declare any item of business required to be set forth in writing on the agenda of an annual or semi-annual meeting, or any item coming before the Board at a special meeting, an Emergency Matter. The Board may waive the requirement that such matter be included on the agenda or in the notice of a Special meeting. The Board can waive this requirement and declare a matter an emergency by two-thirds vote of the Board of Directors present as long as a quorum is present.
Members shall be admitted to all meetings and conferences with paid registration except executive sessions. Non-members may be admitted to meetings and conferences with paid registration unless disapproved by a majority of the members present. Only meetings involving the personal affairs of any individual or involving issues deemed confidential by a majority vote of the Board of Directors present may be held in executive session.
ARTICLE VI
BOARD OF DIRECTORS
Section 1. Composition.
The Board of Directors consists of the President, Executive Vice-President, Secretary, and Treasurer of the Association, two immediate Past Presidents as Directors at Large, three additional Directors at Large, , and Regional Directors. There shall be no compensation of the Board of Directors except for approved Association related expenses.
The President may appoint three additional Directors at Large each with a one year term. Said appointments shall be ratified by the Board of Directors.
Section 2. Association Regions.
The Association is divided into geographical regions. The size and number of regions is a Judicial District, combination of Judicial Districts, county, and or portion of a county, metropolitan area or city as determined by the Board of Directors. Each region may have a Regional Director. The Regional Director shall be a resident within the region where they are elected. Regional Directors are voting members of the Board of Directors.
Section 3. Qualification of Board Members.
Members of the Board of Directors must be over the age of 18 and have accepted their nomination to serve on the Board. No more than two (2) Directors can be from the same company, general agency, or otherwise have a joint affiliation in the bail bond profession. The member must qualify under Article III, Section 2 and be a paid voting member in good standing prior to their election. No member shall be eligible to be an officer or director until they have been a voting member for two years. Salaried employees of the Association may not serve on the Board of Directors.
Section 4. Director Emeritus.
At any Board meeting, the Board of Directors may elect, by two-thirds majority vote of the Directors present, one or more persons to hold the position of Director Emeritus. The term for which a Director Emeritus shall serve is one year from the date of his or her election. Any Director Emeritus may succeed him or herself. A Director Emeritus must be a member of KBAA and a former member of the KBAA Board of Directors. He or she is entitled to speak to any subject or question appropriate to the agenda, subject to the will of the majority of the Board members in attendance. Any Director Emeritus is eligible for appointment to full membership on standing or special committees of the Board of Directors. A Director Emeritus is not entitled to vote at Board meetings.
Section 5. Powers and Duties.
The direction, management, and general supervision of the affairs of the Association and control and disposition of its properties and funds are vested in the Board of Directors. The Board of Directors shall perform the duties prescribed by these Bylaws and by the parliamentary authority adopted by the Association in Article 9.
The Board of Directors shall fix the place of meetings and make recommendations to the Association. The Board is subject to the orders of the Association. None of its acts shall conflict with action taken by the Association.
Unless otherwise ordered by the Board of Directors, regular meetings of the Board of Directors are called by the President. Special meetings of the Board of Directors may be called by the President or upon written request of three members of the Board of Directors. A quorum, as set forth in these Bylaws, must be present at a special meeting.
Section 6. Election and Terms.
All voting members in attendance and in good standing shall elect the members of the Board of Directors at the annual meeting as required by these Bylaws. Election of the Board of Directors shall follow the election of the Officers. Ballots shall be presented by the Nominating Committee. Nominations will be accepted from the floor. The Officers and Directors so elected shall hold office for a period of two years or until their successors are elected, unless such Board Member has two (2) unexcused absences, in which case the Board Member will be automatically removed and a vacancy in office shall exist.
Section 7. Leave of Absence.
Leave of absence for sufficient reason may be requested by a member and approved by the President.
Section 8. Resignation. |