Wake County CERT By-Laws

BY-LAWS

of the

WAKE COUNTY
COMMUNITY EMERGENCY RESPONSE TEAM

ARTICLE I: NAME OF ORGANIZATION

The name of the organization or association shall be Wake County Community Emergency Response Team Inc., herein known as Wake County CERT, Inc.

ARTICLE II: GOALS AND OBJECTIVES

The goals and objectives of this Association, in the Wake County, NC area, are to:

• Educate citizens in the area to be prepared to take care of themselves; family, friends and neighbors in the event of a disaster of any type until trained emergency responders can arrive.
• Establish Community Emergency Response Teams as emergency management resources, to volunteer to help during an emergency.
• Equip and supply Wake County CERT, Inc Members with training and materials for disaster planning and preparedness to achieve their maximum potential to save lives and property when called upon.
• Provide assistance to government agencies that request volunteer services, such as light search & rescue, damage assessment, documentation, communications, shelter management, traffic control, security, and comfort in time of need.
• Establish functional relationships with the local government and emergency management officials in our area.
• Conduct training exercises for Wake County CERT, Inc Members and the general community during special events.
• Publicize Wake County CERT, Inc activities and programs to promote awareness of and support for the Wake County CERT, Inc programs among government entities, businesses, communities, and individuals of Wake County.
• Raise funds and solicit resources needed by Wake County CERT, Inc Members.
• Meet any other needs of the Wake County CERT, Inc Program and CERT Teams in our area as they are identified.

ARTICLE III: ORGANIZATION

SECTION A – Non-Profit

Wake County CERT, Inc is a non-profit, non-partisan organization comprised of citizens from our geographic region who are affiliated with the CERT program.

Wake County CERT, Inc will not be conducted for profit and no part of earnings, dues, or donations shall go for the benefit of any member, director, officer or other private person. The Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the Goals and Objectives of the Association as set forth in Article II.

Wake County CERT, Inc shall not participate in, or intervene in, including publishing or distribution of statements, any political campaign on behalf of, or in opposition to, any candidate for public office.

We do not disseminate propaganda or attempt to influence legislation or referendum before the public. This includes any statements or publications that we may distribute.

We only sponsor or participate in activities which are permitted by organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. We only sponsor or participate in activities which are permitted by organizations that accept deductible contributions under section 170(c)(2) of the Internal Revenue Code. These provisions also apply to any future tax code.

SECTION B – Policies and Procedures

The Board of Directors shall review and vote on a set of policies of all training and operational procedures. Upon approval by the Board of Directors, the Executive Officers shall review and either accept or reject with comment with majority vote.

SECTION C – Geographic Region

Our geographic region includes communities in Wake County, North Carolina.

SECTION D - Official Year

The Association’s fiscal year shall begin on the 1st day of October and end on the last day of September. The Association’s official year shall begin on the 1st day of October and end on the last day of September.

ARTICLE IV: BY-LAWS

The members of Wake County CERT, Inc shall adopt this set of By-Laws and assist in carrying out the objectives of the Association.

SECTION A – Amendments

Subject to the power of the members of this Association to adopt, amend, or repeal By-Laws of this Association, and except as may otherwise be specified under provision of law, these By-Laws, or any of them, may be altered, amended or repealed and replacement or additional By-Laws be adopted on approval of the Board of Directors.

When twenty percent of our eligible voting members petition the Executive Committee to amend the By-Laws, the committee organizes and conducts a vote to amend. The Executive Committee informs members of the amendment and the vote to amend one month before the date of the vote. The amended By-Laws become effective when two-thirds of the eligible voting members present have voted to adopt the amendment.

SECTION B – Voting on Amendments

For By-Law revisions presented via member petition as per ARTICLE IV: By-Laws, two-thirds (2/3) vote of approval of Voting Members present in person at the annual conference is required for amendment to the By-Laws.

All Board of Director amendments shall be presented to the membership at the annual conference for review and discussion. In the event a member wishes to petition for any change to the Board of Director amendments, they shall petition in accordance with ARTICLE IV: Revisions to By-Laws will be voted on by the Executive Board and membership will vote on the changes at the same meeting that these changes have been presented or at a later time agreed upon by majority vote of membership.

ARTICLE V: MEMBERSHIP

SECTION A - Eligibility

Any eligible citizenthat would like to become a Wake County CERT, Inc member is required to participate in all modules of the instruction class taught by the City of Raleigh Fire Dept. After successful completion of basic training, the citizen can either go on to volunteer their time as a Wake County CERT, Inc “technician” with a Wake County CERT, Inc team, having non-hazardous assignments and or other Administrative duties. Eligible citizens are defined as being 18 years old or over; or ages 16 thru 17 with signed parental permission form (See Parental Permission Form Revisions).

Applicants shall be admitted to membership on making application in writing and upon approval of the application by the membership committee of this Association.

SECTION B – Limits on Personal Liability

No member of Wake County CERT, Inc shall be personally liable for any of its debts, liabilities, or obligations; nor shall any member be subject to any assessment except as provided in these By-Laws. Likewise obligations incurred by individual without prior written approval of the Board of Directors absolve responsibility of the organization of debts incurred.

SECTION C - Dues and Fees

The Board of Directors shall annually determine the annual dues, if any, for membership. A schedule for dues, and notification shall be given to all members. A change in the amount of the dues by more than twenty percent (20%) in any fiscal year requires approval of the members. Annual dues shall be payable on or before the 15th day of ____________ of each calendar year. Any member may privately request a variation in dues by submitting a sealed letter to the Secretary who will inform the Board of Directors. The Board of Directors then will make a decision and return the decision in writing to the member. Membership dues are not refundable in whole or in part for any reason.

SECTION D - Termination of Members

PART D.1 - RESIGNATION

Resignation, lapsing, or expulsion shall terminate membership in the Wake County CERT, Inc. Any member may resign from Wake County CERT, Inc upon written notice to the Secretary and the return of any CERT packs or other Wake County CERT, Inc property.

PART D.2 - LAPSING

A membership will be considered as lapsed and automatically terminated if either of the following occurs:

A) The member’s dues if any remain unpaid on the last day of the month in which dues must be paid. A lapsed membership shall be reinstated without penalty at the time dues are paid, if payment is received within 90 days of due date. Otherwise, lapsed members must apply as new members in order to be reinstated to the Association.

B) The member misses 4 consecutive meetings or special events without a valid reason. Valid reasons would be Medical, Military Duty, Family Emergency, or Work Related reasons.

PART D.3 - DISCIPLINARY ACTION

The Board of Directors, on a majority vote, may consider any member for expulsion.

When considering expulsion, the issue shall be given consideration in accordance with the policies and procedures of the Association. Said member shall have the right to speak in her/his own behalf. Expulsion of a member requires a vote by at least two-thirds (2/3) of the Board of Directors.

By approval of the Board of Directors, a member may be suspended rather than terminated. No member may be suspended for more than thirty (30) days in any six-month (6-month) period.

When considering suspension, the issue shall be given consideration in accordance with the policies and procedures of the Association. Said member shall have the right to speak on their behalf.

ARTICLE VI: MEETINGS AND VOTING

SECTION A – Annual Meetings

An Annual Meeting of the membership will be held once a year during the month of March.

SECTION B – Board Meetings

The Board shall meet at least quarterly at a place to be determined by the Board of Directors. The membership will be notified of the date and location of the next Board of Directors Meeting published in media available to the membership, such as newspapers, newsletters, web sites, postal mail and/or e-mail. Meetings of the Board shall be open to all members, and members shall have the privilege to be heard.  Minutes of all Board Meetings shall be emailed to all members with valid email address and available for review by all other members upon request.

SECTION C – Special Board Meetings

Any two members of the Board may call special Board meetings. The membership will be notified of a Special Board Meeting at least seven (7) days in advance, in media available to the membership, such as newspapers, newsletters, web sites, postal mail and/or e-mail. The purpose of the Special Board Meeting must be stated clearly in the notification.

SECTION D – Membership Meetings

The default membership meetings shall be held monthly on the fourth Tuesday of each month at 7:00 PM at the Keeter Training Center in Raleigh, NC. The membership may reschedule membership meetings as necessary, as well as change location by majority vote of membership.

Members will receive fair and reasonable notification of the meeting from the Secretary. In the case of meetings where elections will be held, the members must be informed of the election thirty days (30) in advance.

SECTION E – Eligibility to Vote

All registered members in good standing are eligible to vote. Each member shall be entitled to one (1) vote.

SECTION F - Quorum for Member Meetings

A quorum for any business consists of twenty percent (20%) of the Association’s voting members as per the Secretary's current records.

ARTICLE VII: Executive Committee

The Executive Committee shall oversee the affairs of the Association.

• The total number of members on the Committee shall be nine (9).
• Four (4) Directors from Wake County CERT, Inc Board of Directors (President, Vice-President, Treasurer, Secretary).
• Four (4) Directors from Wake County area Public Service agencies
• One (1) Director-at-Large. The Director-at-Large must be from within Wake County.

It is the desire of the Association to achieve the goal of Committee representation from public service agencies, if possible. In the event the number of Committee should drop below nine (9), the Committee may waive the geographic requirement and appoint a qualified Association member to fill the vacancy or vacancies until the next annual election.

SECTION A – Length of Term

Directors shall serve a two (2) year term, except that at the first annual meeting, three (3) Directors shall be elected to serve one (1) three (3) year term. In the event of a vacancy or temporary absence in the Board of Directors, the remaining Directors shall appoint a replacement to serve out the unexpired term or session.

All actions or approvals by the Board of Directors shall be by majority vote of all Directors unless otherwise provided in the By-Laws. There must be a quorum of at least three (3) Directors present in order for the Board of Directors to hold a meeting. Attendance shall be considered accomplished by conference call as long as all Directors can hear each other. Any Director of the Board that has two (2) unexcused absences in a six (6) month period shall be given a letter of intent to replace. If no response is received within 14 calendar days of official notification, the Director will be replaced by special election by membership.

SECTION B – Election of Directors

The Board Directors will be elected at the Annual Meeting by secret ballot.

SECTION C - Voting on Removal of Directors

A vote of approval of fifty percent (50%) of the total Voting Membership, plus one (1), is required to remove any Director.

ARTICLE VIII: OFFICERS

SECTION A – Enumeration of Officers

The Executive Officers of this Association shall include a President and Vice-President, both of whom shall at all times be Members of the Board of Directors, a Secretary, and a Treasurer, and other such officers as the Board of Directors may from time to time by resolution create.

SECTION B – Election of Officers

The election of officers shall take place at the first meeting of the Members of the Association, and at each subsequent annual meeting thereafter.

SECTION C - Term

The officers of the Association shall be elected by a majority (fifty percent + one) of the Voting Members and each shall hold office until the next election of officers, unless he or she resigns soon, or shall be removed or otherwise disqualified or unable to serve.

SECTION D - Compensation

The officers of this Association shall not receive a salary. Any Director or officer may be reimbursed for their expenses incurred in the performance of the duties specified in these By-Laws to the extent such expenses are reasonable and necessary and funds are available in the Association’s account. Expenses shall be reimbursed at a level no greater than the statutorily set reimbursable expenses for State employees. Checks issued for expenses equal to or greater than $200 shall require two signatures from either an Executive Committee member or Board member or both, which ever is available.

SECTION E – Special Appointments

The Board of Directors may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may determine.

SECTION F – Resignation and removal

Any officer may resign at any time by giving written notice to the Board and the President or Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time as specified therein. Unless otherwise specified in the written notice, the acceptance of such resignation shall not be necessary to make it effective.

An officer may be removed from their position before their official term expires. If twenty percent of the eligible voting members petition the Board of Directors to hold a recall election, the Board conducts such an election. The Board of Directors informs members of the recall election one month before the election date. A majority of the eligible voting members present at the meeting is required for removal. A special election to fill the vacant position may be held concurrently.

SECTION G - Vacancies

A vacancy in any office may be filled by appointment of the Board of Directors. The officer appointed to such vacancy shall serve for the unexpired term of the officer they replace.

When an office is vacant, the Board of Directors organizes and conducts a special election to fill the position. The Board of Directors informs members of the election one month before the election date. A majority of the eligible voting members present at the meeting is required to be elected.

SECTION H – Legal Responsibilities

We recognize that our officers may have requirements and/or responsibilities under local, state, and federal law or regulations. We do not adopt requirements and/or responsibilities that contradict these laws or regulations. By-laws or policies found to contradict these laws or regulations will be disregarded in favor of the applicable laws or regulations. This provision also applies to future laws and regulations.

ARTICLE IX: DUTIES OF OFFICERS

SECTION A - President

The president shall be the chief executive officer of Wake County CERT, Inc, and shall have general and active control of its business and affairs. They shall preside at all meetings of the members. They shall execute all instruments and documents on behalf of the Association that have been approved by the Board of Directors. They shall appoint all committees, unless otherwise provided in these By-Laws, or unless the membership by vote requests the appointment of a committee and shall set forth specifically the manner of its selection.

SECTION B – Vice-President

The vice-president shall perform the duties of the president in the absence or incapacity of the president or when the office of the president becomes vacant, and shall assist the president with their duties.

SECTION C - Secretary

The secretary shall give notice of all meetings to all members. They shall have charge of the Association’s seal and have authority to attest any and all instruments and writings to which the same may be affixed. They shall have charge of all correspondence of the Association and shall notify officers of their election to office. They will take roll at all meetings, keep minutes at all meetings, keep attendance records, and keep an updated list of members of Wake County CERT, Inc. They shall keep a file of printed material and perform other duties as determined by the President.

SECTION D - Treasurer

The treasurer shall have the care and custody of all monies, funds, and securities of the Association and shall deposit or cause to be deposited all funds of Wake County CERT, Inc in and with such depositories as the Board of Directors shall from time to time direct. They shall keep all books of account relating to the business of Wake County CERT, Inc, shall keep a record of all members, and shall pay all bills. All expenditures, whether for the purpose of paying bills or for making purchases, shall be made only after approval by the Board of Directors. Their books shall at all times be open to inspection by any member and they shall report to them at every general meeting on the condition of the Association’s finances and every item of receipt or payment not before reported. They shall give an annual summary report of the Association’s financial dealings for the previous year at each annual meeting. They shall perform other duties as determined by the Board of Directors.

ARTICLE X: FINANCES AND ASSETS

SECTION A - Accounts

The Executive Officers choose two trustees from among the members of Wake County CERT, Inc. The committee with the trustees establishes financial accounts for the organization. The Treasurer tracks all account activity. The Board of Directors shall audit the organization's accounts or provide for the organization's accounts to be audited by an external auditing organization on an as needed basis.

SECTION B - Budget

The eligible voting members of Wake County CERT, Inc will adopt a budget for the next fiscal year before the beginning of the next fiscal year. Projected expenditures in the adopted budget must not exceed the projected revenue. The organization is allowed to collect revenue within the provisions of the approved budget.

SECTION C - Accounting Principles

Wake County CERT, Inc shall utilize the Generally Acceptable Accounting Principles or GAAP in the financial operations as the standard.

ARTICLE XI - LIMITED LIABILITY

Except when prohibited by law, participants in Wake County CERT, Inc activities agree to waive any claim of liability for loss, theft, damage, injury or death for individuals participating in or observing our activities.

Wake County CERT, Inc members agree to indemnify the organization from liability as a condition of membership registration. Non-members must indemnify the organization from liability before being allowed to participate in organization activities.

The Secretary is responsible for securing a proper waiver of liability from each registered member. The Wake County CERT, Inc member, members or committee responsible for a sponsored event must secure a proper waiver of liability from each participant.

ARTICLE XII: DISSOLUTION

The Association may be dissolved at any time by the written consent of not less than two-thirds (2/3) of the entire active membership. In the event of dissolution of the Association, whether voluntary or involuntary by operation of law, none of the property of either the Association or any proceeds thereof, or any assets of the Association shall be distributed to any members of the Association. After payments of the debts of the Association, the Board of Directors shall distribute the property and any assets for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government or to a state or local government for a public purpose. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principle office of the Association is then located, exclusively for such purposes or to such organization or organizations as said court shall determine.

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As secretary of the Wake County Community Emergency Response Team, Inc. I attest these By-Laws were adopted by the membership on February 28, 2006, at the Regular Monthly Meeting of the Association.

          (Original signed by Timothy D. Kemp)         
Secretary, Wake County Community Emergency Response Team, Inc.

STATE OF NORTH CAROLINA
COUNTY OF WAKE

I; Jack R.Albright, Sr., a notary public, do hereby certify that Timothy D. Kemp, Secretary, Wake County Community Emergency Response Team, Inc. personally appeared before me this ______day of April 2006 and that he signed the foregoing By Laws on behalf of the said organization in his capacity indicated.

         (Original signed by Jack R.Albright, Sr.)          
Jack R. Albright Sr. Notary Public

My Commission Expires: March 17, 2007.

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