Bylaws

Amended December 2011

ARTICLE I    
NAME
The name of the organization is the Nebraska State Pest Control Association Incorporated.

ARTICLE II
OBJECTIVES AND PURPOSES
The objectives and purposes for which this association is formed are:

1. To promote the welfare and enhance the pest control industry, particularly in the State of Nebraska.
2. To unite any and all firms, corporations, associations or persons in the State of Nebraska, the United States of America, or North America, or Internationally, that the use of pesticides, allied chemicals, non chemical means for the purpose of protecting the health and environment of mankind.
3. To foster the profession of pest control and to create a greater spirit of cooperation and friendly feeling among members.
4. To foster educational and business relations of the members; to broaden their interest and skill in the pursuit of their profession;and to continually improve the standards of the industry.
5. To promote and maintain in their business practices, and to encourage these purposes among members by training, education and common commitment.
6. To do everything necessary, suitable and proper either alone or in association with other corporations, firms or individuals, for the accomplishment of any of the purposes or attainment of any of the objectives set forth herein, and to have all the rights, powers and privileges now or hereafter conferred by the laws of the State of Nebraska in reference to not for profit corporations.

ARTICLE III
MEMBERSHIP
Section 1 Joint Membership

A.  Any pest control firm licensed under the State of Nebraska in the PCO Structural category or the PCO General category to perform pest control services and which has as its primary activity the application of pesticides is eligible to one Active Membership providing said pest control firm fulfills the following requirements.

1. Joint members are required to simultaneously become a member of the National Pest Management Association, according to the NSPCA/NPMA Joint Membership Agreement providing one exists.
2. At least one person in a responsible position of the firm shall have at least two years experience in the pest control business, or shall have a degree from a recognized college or university with advanced training in entomology, chemistry, or other sciences related to the practice of pest control.
3. The applicant shall not utilize or mention the Nebraska State Pest Management Association affiliation or use the NSPCA logo on any promotional material, brochures, stationery, etc. prior to official membership approval and notification.

B. Firms assigned Joint Membership shall designate representatives to act as their agents in the conduct of Association affairs.

C.  Firms assigned Joint Membership must attend at least (1) meeting per year in order to vote on any bylaw changes.

Section 2 State Membership

A.  Any licensed pest control firm, which cannot or does not desire to fulfill the requirements for Joint Membership. State Members are not bound by Joint Membership and therefore are not required to join the National Pest Management Association. State Membership carries limited rights. State Members shall be entitled to utilize Association forms, such as the NSPCA Wood Destroying Organism Report forms.

B.  Firms that have been assigned State membership shall designate representatives to act as their agents in the conduct of Association affairs.

C.  State Members may not vote, hold office or chair committees, but may serve on committees if appointed and otherwise attend all meetings and functions of the organization and be entitled to receive all other benefits of membership.

Section 3 Allied Membership

1. Definition of a Supplier: The term “Supplier” shall mean an individual, partnership, unincorporated association, corporation, or other form of business enterprise which manufactures or supplies products, equipment, and/or other materials or services to the pest control industry.
2. Any supplier shall be eligible to Allied Membership. Firms that have been assigned Allied Membership shall designate representatives to act as their agents in the conduct of Association affairs.
3. Firms that are both pest control firms and suppliers to the industry shall be known as Dual-Operation Firms. Such firms are eligible for Allied Membership provided they also maintain an Joint Membership for their service operation. Allied membership is not obligated for a Dual-Operation Firm.

Section 4 Associate Membership

1. Any firm licensed under the State of Nebraska as a pest control consultant in the special category of structural pest control inspector.
2. Any individual qualified by reason of experience or training in biology, chemistry, sanitation, or allied sciences related to the practice of pest control; involved in programs related to the control of management of pests; and is not otherwise eligible for membership in the Association may apply for Associate Membership.
3. Associate Members may not vote, hold office, or chair committees, but may serve on committees if appointed and may otherwise attend all meetings and functions of the organization and be entitled to receive all other benefits of membership.

Section 5 Honorary Membership

Honorary Membership may be conferred upon individuals at such time and under such terms as may be determined by two thirds vote of the membership in recognition of extraordinary past service to the industry and the organization. Honorary Members may not vote or hold office and shall not be charged dues. They shall be entitled to all other benefits of membership.

Section 6 Life Membership

An individual who has been an active member for a period of 20 years or longer or who has served honorably as President of the Association may upon retirement from the industry be eligible for Life Membership in the Association under such terms as may be determined by the Board of Trustees. Life Members may not vote and shall not be charged dues. They shall be entitled to all other benefits of membership.

ARTICLE IV
GROUNDS FOR TERMINATION
Section 1 Failure to Participate

1. Failure to comply with the Code of Ethics, and grievance or arbitration plan currently in effect.

Section 2 General

A.  By written resignation of the member.

B. At the discretion of the Board of Trustees, upon the recommendation of the Grievance Committee, for cause, including:

1.  
   1. Activity detrimental to the interest of the public or the welfare of the Association.
   2. Making false or fraudulent claims.
   3. Applying worthless or improper materials or procedures.
   4. Operating faulty or unsafe apparatus.
   5. Operating without a valid Nebraska State Pesticide Applicator license.
   6. Chronically operating substantially below the standard of the industry.
   7. When a member’s annual dues have not been paid as of July 31 of the calendar year for which dues are assessed.

ARTICLE V   
MEMBER RIGHTS
Section 1 Voting

A.  Each Joint Member shall be entitled to one vote. Only the Designated Representative or his registered alternate may vote on behalf of a Member Firm.

B.  Each Joint Member entitled to vote may do so by proxy; provided that the instrument authorizing such proxy to act, shall have been executed in writing by the member himself or by his attorney-in-fact thereunto duly authorized in writing. Proxy votes are limited to one per meeting. Each subsequent meeting will require a new written proxy.

Section 2 Association Logo

Only Joint, State, Associate, Allied, Honorary and Life Members in good standing shall be entitled to use and advertise with the logo of the Association.

Section 3 Attendance at Functions

All Members shall have the right to attend all regular meetings, functions, conferences, educational seminars and social events of the Association when in good standing.

Section 4 Committees and Offices

All members shall be eligible to serve on committees. Only Joint Members may chair any committee. All members shall be eligible to co-chair any committee. Only representatives of Joint Member Firms may hold office.

ARTICLE VI
GRIEVANCE AND DISCIPLINARY ACTION
Section 1 General

The conduct of the members of the Association shall be expected at all times to be in accordance with the provisions of the Code of Ethics, these Bylaws and the policies adopted by the Association.

Section 2 Initiation of Complaints

A complaint against any member of the Association by a customer or competitor may be filed in writing with the Vice President. It shall be required only to set forth the facts of the complaint in general terms for the following informal method of dealing with complaints.

Section 3 Investigation and Resolving of Complaints

When a complaint is received by the Vice President from any source, it shall be investigated immediately. If the complaint appears to be valid, the Vice President shall attempt, as soon as practical, to resolve the complaint.

Section 4 Irresolvable and/or Trivial Complaints: Presidential Appointment of Grievance Committee

A. In the event the Vice President is unable to resolve the complaint, he/she shall report his/her findings to the President in writing. The President shall have the power to determine that the complaint shall be improper on the grounds of triviality.

B. The President may also determine that the complaint is of sufficient gravity to warrant disciplinary action, in which case the President shall appoint a Grievance Committee to conduct a hearing on the subject. The Grievance Committee shall be comprised of at least three (3) Joint Member representatives whose businesses shall, as much as practical, be sufficiently remote from the accused member firm to insure against possible ultimate judgment by a direct competitor.

Section 5 Grievance Committee and Hearing

Unless the Grievance Committee decides otherwise, the hearing shall be held at the home-city of the accused. The hearing shall be informal and the Grievance Committee shall have the sole power to determine the character of the evidence to be heard and manner of its presentation. In no event shall the accused firm be denied the right to be heard if its representative and its witnesses, if any, are present at the time and place of the hearing. Notice of the hearing will be given by mail at least 15 days prior thereto.

Section 6 Judgments of Grievance Committee

A.  After a hearing based on a complaint, whether or not the accused firm is represented, the Grievance Committee may by a majority vote, make any one of the following determinations:

1.  
   1. That the complaint is totally unfounded, in which case the complaint may be dismissed.
   2. That the complaint is sustained in part, in which case the Grievance Committee may order the accused to correct the sustained part of the complaint or suffer such disciplinary action as the Grievance Committee may determine.
   3. That the complaint is wholly sustained by the evidence and by the reasonable deductions and inference drawn from the evidence, in which case the Grievance Committee may determine the punishment of the accused.

B. Punishment may range from an official reprimand of the accused to permanent expulsion from the Association. At the discretion of the Board of Trustees, official reprimand may be published to all members.

C. If judgment of the Grievance Committee is reprimand or suspension, it shall be accompanied by an order directing the accused to cease and desist from the conduct which was found to be in violation of the Code of Ethics or policies of the Association. If this order is not obeyed immediately, such disobedience shall constitute a separate offense which shall be cause for the reconvening of the Grievance Committee for such actions as shall be necessary and proper under the circumstances.

Section 7 Hearing Report

After the hearing, the Grievance Committee shall produce a “Hearing Report” and transmit it to the Vice President as soon as practical. It shall then be the duty of the Vice President to report the findings to the Membership.

Section 8 Appeals

In the event the accused wishes to appeal the decision of the Grievance Committee, said firm shall have the right to petition the Board of Trustees for a review. If a review is granted, it shall be held at the next regular or special meeting of the Board of Trustees and according to such rules as the Trustees themselves may determine, The Board of Trustees may sustain, reverse or modify the decision to the Grievance Committee.

Section 9 Hearing Cost and Expulsion Cost

The Grievance Committee, upon finding of guilt against the accused, shall have the right to determine reasonable cost of the hearing to the Association and may require the accused to pay such cost in connection with any punishment inflicted. In case of such determination of cost in connection with any order of expulsion, the payment thereof shall constitute a condition precedent to any reinstatement of the Association.

Section 10 Reinstatement of Membership

In the event a member is expelled, a petition for reinstatement shall not be entertained by the Vice President until a full year has lapsed from the date of the final order of expulsion. If reinstatement is permitted, it shall be under such terms and conditions as the Board of Trustees shall see fit, but not consistent with Article VI, Section 9.

Section 11 Complaints and/or Judgments against Officers or Trustees

If a member firm, whose representative holds an office or is a Trustee, is convicted in the manner described above and punishment by suspension or expulsion is determined, the right of that representative to hold office shall cease immediately upon said conviction, and he/she shall immediately vacate their office.

Article VII
ASSOCIATION OFFICE AND MEETINGS
Section 1 Principal Office

The principal place of business of the Association shall be the business address of the Executive Officer.

Section 2 Meetings

Regular meetings shall be held, at a location designated by the Officers, three times per year or more often at the option of the Officers. The Annual Meeting shall be held in the third quarter of each year at which time new Officers will be elected. This will allow the time for budgets to be prepared and a planning session to take place prior to the new Officers taking position at the beginning of the next year. Notice of all meetings shall be mailed to the membership at least 15 days prior to each meeting. At least one meeting each calendar year shall be held in the eastern portion of Washington State. 

Section 3 Quorum

A quorum shall exist when voting members have been properly notified, with an agenda clearly spelling out what is to be voted on, and a properly called meeting has been executed. Members present, proxies, and any mailed in ballots shall establish a quorum. A properly called meeting is directed through the current President and shall provide 15 days notice to all voting members.

ARTICLE VIII
DUES
Section 1 Establishment

WSPMA dues and assessments shall be established by a majority vote of the Membership at a duly constituted meeting. The NPMA portion of joint membership dues shall be established within the WSPMA/NPMA Joint Membership Agreement.

Section 2 Delinquency

Annual dues are due by July 1st and shall be considered delinquent when not received by September 1st of each calendar year. A reestablishment of the initiation fee may apply.

Section 3 Initiation Fee

An initiation fee shall be charged to all new Joint, State, Allied and Associate Members, as well as those reinstating their membership.

ARTICLE IX
OFFICERS, TRUSTEES AND COMMITTEES
Section 1 Officers and Trustees

The Officers shall consist of a President, President Elect and Vice President. The three principal Officers and the immediate past President shall constitute the Board of Trustees.

Section 2 Executive Officer

The position of the Executive Officer shall be appointed by the Board of Trustees and shall include the duties of the Treasurer of the Association. The Executive Officer shall be an Ex-officio member of the Board of Trustees.

Section 3 Powers and Duties

The officers shall manage the affairs and the property of the Association, subject to the direction of the Board of Trustees.

1. The President Elect and the XO will present a budget by mail to the Membership for the calendar year that he/she will preside as president, no later than fifteen days prior to the final meeting of  the year.
2. The Executive Officer shall submit the past years actual revenue and expenditures to the Membership at the final meeting of the calendar year.
3. The President Elect shall publish to the Membership his/her goals as President, prior to the annual meeting.

Section 4 Election of Officers

Election of Officers shall take place at the annual meeting of the Membership at large. Each term of office shall be one year. Elected officers shall assume their duties immediately upon January 1 of each year.

Section 5 Officer Vacancies

Vacancy of any office shall be filled by a vote of the Board of Trustees. The newly appointed officer shall serve until the next annual meeting.

Section 6 Association Committees

The President shall appoint such committees as may be required. There shall be no less than three (3) persons on any given committee. All committee meetings shall be open, however, the Committee Chairperson may decide whether or not to allow any participation from non-committee members in attendance.

1. The President Elect shall appoint and/or introduce the Chairpersons for the committees at least sixty (60) days prior to the final meeting of the year. If the committee does not have three members, the vacancies must be filled within 30 days. If the vacancies still exist after thirty (30) days the President shall fill a vacancy.
2. Committee Chairpersons shall submit their budgets to the President Elect and the XO no later than 45 days prior to the final meeting of the year to allow preparation of the budget. The budget shall include the present year’s actual expenditures and the proposed budget for the next calendar year.

Section 7 Nomination Committee

A Nomination Committee of three members shall be appointed by the President at the second quarter of each year. The purpose of the committee shall be that of submitting names to the Membership for the election of officers. The names must be submitted to the Membership at least thirty (30) days prior to the Annual Meeting. The candidates shall be given the opportunity to address the General Membership at the Annual Meeting before voting.

Section 8 Professional Standards and Ethics Committee

1. Professional Standards and Ethics Committee shall be a permanent standing committee of the Association. The Committee shall have the responsibility to determine recommended and accepted procedures and business practices in the State of Washington relative to the operation of a pest control business.
2. In any instance where the Professional Standards and Ethics Committee proposes guidelines for the future use by the pest control industry, such guidelines must be approved by two-thirds (2/3) vote at any regular Association meeting. 

Section 9 Financial Review

The Board of Trustees or its appointed representative(s) shall conduct a review of the books and minutes of the past calendar year during the period of January 3 through March 31 of the following calendar year.

ARTICLE X
AMENDMENTS

These Bylaws, and such Bylaws as may hereafter be adopted, may be amended, repealed or altered in whole or in part when a proper quorum has been established at any regularly scheduled meeting of the Association, provided the proposed changes are submitted by first-class mail to the last recorded address of each Joint Member at least fifteen (15) days before the date of the meeting at which the changes are to be considered.

ARTICLE XI
NOTICES

Notices of meetings and their locations, as well as other Association affairs which require written notice, shall be sent first-class mail to the last recorded address of each member. Each member shall be responsible for sending the Executive Officer any changes of the address for the record.

ARTICLE XII
EDUCATION ENDOWMENT FUND

An Education Endowment Fund shall be maintained with a minimum of $30,000.00. This endowment is to be invested in a high yield, low-risk investment and the principal is to be untouchable unless there is a two-thirds (2/3) majority vote of the Membership. The earnings from this endowment will be available to the Board or Membership, as needed, with a preference for education. Total funds available are to be determined once per year after income, expenses and any accrued interest have been reconciled.