Bylaws

Index Article I – Objectives Article V – Meetings Article IX – Amendment of the Bylaws
Article II – Member Status Article VI – Board of Directors Article X – Miscellaneous
Article III – Fees Article VII – Officers Certification
Article IV – Discipline Article VIII – Finances

Article I

Objectives

The objectives of this Association are:

1.  To organize into one body, specialists in the field of accident reconstruction.

2.  To support a high standard of ethics, integrity, credibility and honor in the field of accident reconstruction.

3.  To promote traffic safety.

4.  To communicate on matters of mutual interest.

5.  To establish high standards and professionalism in the investigation of traffic accidents and the presentation of testimony in a court of    law.

6.  To encourage training programs relating to accident investigation.

7.  To cherish a spirit of brotherhood among its members and associates.

Article II

Member Status

SECTION A.    QUALIFICATIONS

1.  Any individual who has successfully completed the Accident Reconstruction Training Program of the Minnesota State Patrol prior to June 1981, may apply for and shall be accepted as a Charter Member, provided however; that such application for membership is received at the registered office of the Association on or before December 31, 1981.  After December 31, 1981 any such individual must then meet the requirements set forth in Section A, paragraphs 4a through paragraph 6d.

2.  Any individual who held active associate membership on January 1, 2004 shall be upgraded to member status as described in paragraph 4 below.

3.  Any individual who held active member status on January 1, 2004 shall be upgraded to Fellow status as described in paragraph 6 below.

4.  Any individual applying for Member status must meet the following requirements:

a.  The individual must be involved in a field related to accident investigation/reconstruction.

b.  The individual must submit, in writing a resume’ depicting his/her training, background and work experience; specifically emphasizing that portion that is related to the accident reconstruction field.

c.  A check in the amount of the initiation/administrative fee, as set by the Board of Directors, must accompany each request for member status.  Should the request for member status be disapproved for any reason, such fee shall be non-refundable.

5.  Any individual applying for Membership with Diplomate status must meet the following requirements:

a.  The individual must be involved in a field related to accident investigation/reconstruction.

b.  The individual must submit, in writing, a resume’ to the Board of Directors, through the Secretary/Treasurer, depicting all of his/her training and work experience.

c.  The individual must offer proof of having been trained in accident reconstruction and if requested, submit a curriculum of such course to be thoroughly examined by the entire Board of Directors.  In lieu of curriculum or other proof of training, those applicants that hold current ACTAR accreditation may submit their ACTAR number and date accredited.  The Board will consider ACTAR accredited applicants as having met the minimum qualifications for training.

d. The individual must offer proof that s/he has given opinion testimony in a court of law, civil or criminal, relative to accident reconstruction.

e.  Any individual who, after 1 year from date of graduation from an IAARS approved reconstruction course, has not testified in a court of law due to the case(s) being resolved short of trial, may petition the Board of Directors for membership with Fellow status. The Board may, at their discretion, waive this requirement, provided however; that all other requirements are met.

f.  A check in the amount of the initiation/administrative fee, as set by the Board of Directors, must accompany each request.  Should the request for member status be disapproved for any reason, such fee shall be non-refundable.

g.  The Board of Directors may, at its discretion, require additional information concerning proof of qualifications.

h.  In the event additional information is required of the applicant as indicated in Article II, Section A, Paragraph 5g, such data shall be forwarded by the applicant, to the Association’s Secretary/Treasurer no later than sixty (60) calendar days from the date postmarked on the request from the Association.

6.  Any individual applying for Membership with Fellow status must meet the following requirements:

a.  The individual must be involved in a field related to accident investigation/reconstruction.

b.  The individual must offer proof of having been trained in accident reconstruction and if requested, submit a curriculum of such course to be thoroughly examined by the entire Board of Directors.  In lieu of curriculum or other proof of training, those applicants that hold current ACTAR accreditation may submit their ACTAR number and date accredited.  The Board will consider ACTAR accredited applicants as having met the minimum qualifications for training.

c.  The individual must submit, in writing, a resume’ to the Board of Directors, through the Secretary/Treasurer, depicting all of his/her training and work experience.  S/he must also submit, in writing, an example of accident reconstruction work that s/he has completed. Such example shall include, but not be limited to;  scale diagram, photographs, measurements, all calculations done to arrive at speeds, angles, distances, and so forth.  Board members will examine the work example for completeness and accuracy to insure that correct principles are appropriately applied to the work.

d.  The individual must offer proof that s/he has given opinion testimony in a court of law, civil or criminal, relative to accident reconstruction.

e.  Any individual who, after 1 year from date of graduation from an IAARS approved reconstruction course, has not testified in a court of law due to the case(s) being resolved short of trial, may petition the Board of Directors for member status. The Board may, at their discretion, waive this requirement, provided however; that all other requirements are met.

f.  Any individual active in the accident reconstruction field and because of his/her position, has no POSSIBLE opportunity to testify in court, may petition the Board of Directors of the Association for membership.  S/he must submit, in writing, three (3) examples of reconstruction work for review AND if his/her position is teaching accident reconstruction, s/he must submit, in writing, the teaching curriculum.

g.  A check in the amount of the initiation/administrative fee, as set by the Board of Directors, must accompany each request.  Should the request for member status be disapproved for any reason, such fee shall be non-refundable.

h.  The Board of Directors may, at its discretion, require additional information concerning proof of qualifications.

i.  In the event additional information is required of the applicant as indicated in Article II, Section A, Paragraph 6h, such data shall be forwarded by the applicant, to the Association’s Secretary/Treasurer no later than sixty (60) calendar days from the date postmarked on the request from the Association.

SECTION B.    CLASSIFICATIONS

1.  Members:  Individuals who have met the qualifications as set forth in Article II, Section A, Paragraphs 2 & 4 and are not in arrears of any fees or dues.

2.  Membership with Diplomate status:  Individuals who have met the requirements set forth in Article II, Section A, Paragraph 5 and are not in arrears of any fees or dues.

3.  Membership with Fellow status:  Individuals who have met the requirements set forth in Article II, Section A, Paragraphs 1, 3 & 6 and are not in arrears of any fees or dues.

4.  Honorary Members:  Individuals who have been chosen by the Board of Directors and have been accepted by the entire Board.  Such Honorary members shall have no vote on matters nor shall such Honorary members hold any office of the Association.

SECTION C.    ELIGIBILITY

Eligibility for member, membership with Fellow status, membership with Diplomate status and honorary member, in any case, is subject to the approval of the Board of Directors.

SECTION D.    MEMBER CARD

Each Member shall be issued an annual card indicating their level of membership and that the holder is currently a member in good standing.  The card is subject to cancellation under Association By-Laws.

Article III

Fees

1.  The Board of Directors may establish a schedule of initiation or administrative fees and annual dues as it may deem just and appropriate.

a.  Initiation/administrative fee, in United States currency, to be included with each application for member or associate status in the Association.  Such initiation/administrative fee to be non-refundable.

b.  Annual dues to be paid to the Secretary/Treasurer no later than January 31st of each year.

2.  Payment of fees and/or annual dues as established by the Board of Directors shall be a prerequisite to continued member status in the Association.

Article IV

Discipline

1.  Non-payment of annual dues by the due date of January 31st shall constitute grounds for termination of member status in this Association, however;

a.  The Secretary/Treasurer shall forward to such non-paying member a notice of delinquency of payment.  Such notice shall be mailed during the first half of February of the year for which the dues are delinquent, to the address of the member as on file with the Association at that time.

b.  After notice of delinquency is mailed, if said member fails to remit the annual dues by the last day of February of that same year, the Secretary/Treasurer shall send a second notice, advising such delinquent member of the fact that his/her status in the Association is terminated.

c.  After such notice of termination is received, the terminated individual has the option of petitioning the Board of Directors for reinstatement of member status.  Such request for reinstatement shall be forwarded to the Board of Directors, through the office of the Secretary/Treasurer and shall include:

(1)  Individual’s reason(s) for non-payment of dues by the deadline date;

(2)  Reason(s) why the Board should consider reinstatement of the individual, and;

(3)  A check in the amount of the past due fees plus a processing fee of $5.00.

d.  It is at the sole discretion of the Board of Directors as to whether or not an individual’s status is to be reinstated in this case. e.  If such petition for reinstatement is not received at the office of the Secretary/Treasurer by March 31st of the year for which the dues are delinquent, the member status shall be terminated with no further notice from the Association.

f.  If such terminated individual then wishes to become a member, s/he must petition the Board as any other new individual, by following the qualifications set forth in Article II of the By Laws.

Article V

Meetings

SECTION A.    CONVENTIONS (SEMINARS/CONFERENCES)

1.  An annual convention (seminar/conference) shall be held by the Association at such time and place as the Board of Directors shall determine.

2.  Except as otherwise limited here, a convention (seminar/conference) shall have al the necessary powers to control and administer the business and affairs of the Association and to determine policies.

3.  There will be a registration fee for all members and non-members/associates in attendance at the annual convention (seminar/conference), the amount of which is to be set by the Board of Directors.  The registration fees may be waived for a guest speaker or contributor at the discretion of the Board of Directors.

SECTION B.    NOTICE OF MEETINGS

Written notice of the time and place of the annual convention (seminar/conference) shall be given to each member at his/her address as it is filed with the Secretary/Treasurer of the Association.

SECTION C.    VOTING

1.  Each member of the Association shall have the power of one vote on questions properly before the meeting.

2.  All questions shall be decided by a majority vote.

3.  Absentee vote by ballot shall be determined by the Board of Directors.

SECTION D.    PROXIES

1.  Board Members may designate a member to act/vote as proxy at any meeting.

2.  No other member may vote by proxy.

SECTION E.    QUORUM

1.  A quorum for conducting business at the annual conventions (seminars/conferences) shall be the members present plus five (5) Board Members or their proxies and two (2) Officers.

2.  If such number of members shall not be present in person at any meeting of the members, those present shall have the power to adjourn the meeting from time to time, without notice, other than announcement to the meeting, until the requisite number or members are present.

3.  At such adjourned meeting at which the required number of members shall be present, any business may be transacted which might have been transacted at the meeting as originally called.

SECTION F.    MEMBER PRIVILEGES

1.  At all meetings of the Association, all members duly registered thereat shall have all the privileges of the floor, the right to introduce motions and resolutions, to vote upon all matters coming before the meeting and to participate in all other business at such meeting.

2.  Any member may request to meet with the Board of Directors at their annual Board meeting, provided that such request is made in advance through the Secretary/Treasurer.

Article VI

Board of Directors

SECTION A.    NUMBER

The Board of Directors shall consist of seven (7) members (including the President, if so elected) who shall be elected from the individuals possessing Member status in the Association.

SECTION B.    DUTIES

1.  The Board of Directors of the Association shall be charged with the general management of its affairs.

2.  The Board of Directors shall have the power and authority to approve, restrict or expel any member.

3.  The Board of Directors shall have the power to establish initial fees, to establish annual dues and to establish any other fees as deemed necessary.

4.  The Board of Directors shall have the power to establish more than one status for the purpose of determining the amount of dues to be paid.

5.  In addition to the powers and authorities expressly conferred upon it by these By Laws, the Board of Directors may exercise all of the powers of the Association and do all lawful acts and things that are directed or required by the members to be exercised.

6.  The Board of Directors shall have the power to approve or disapprove a specific course of instruction in the field of accident reconstruction in reference to applicants for member status.

7.  The Board of Directors shall be empowered with the authority to accept or reject applicants for member status.

SECTION C.    REGULAR AND SPECIAL MEETINGS

1.  Regular meetings of the Board of Directors shall be held at such times and upon such notice as are fixed from time to time by resolution of the Board of Directors.

2.  Special meetings may be held at any time upon call of the President or any four (4) members of the Board, upon prior notice to each Director, which notice shall set forth the purpose, time and place thereof.

3.  In the interest of saving both time and money, meetings may from time to time, as deemed necessary, beheld by use of a conference call.

SECTION D.    QUORUM AND ADJOURNED MEETINGS

Five (5) members of the Board of Directors shall constitute a quorum for the transaction of business.  If, however; a quorum is not present at any such meeting, the Director or Directors present shall have the power to adjourn the meeting from day, to day, without notice, other than the announcement at the meeting.

SECTION E.    VACANCIES

If the office of any Director or Directors becomes vacant by removal from office, or otherwise, the remaining Directors, though less than a quorum, shall choose a successor or successors, who shall hold office for the remainder of the term of the Director replaced, unless removed by the Board.

SECTION F.    COMPENSATION

The members of the Board of Directors shall receive such compensation as is determined from time to time by the Board of Directors.

SECTION G.    ELECTION OF BOARD OF DIRECTORS

The seven (7) directors shall be elected at the annual convention (seminar/conference) as follows:  Three (3) members shall be elected for a term of two (2) years, in odd numbered years and four (4) members for a term of two (2) years, in even numbered years, based upon current terms.

SECTION H.    INDEMNIFICATION OF DIRECTORS AND OFFICERS

Each Director and Officer of the Association, whether or not then in office, shall be indemnified by the Association against reasonable casts and expenses (including attorney fees) incurred by him/her in connection with any action, suit or proceeding to which s/he may be a party by reason of his/her having been a Director or Officer in the Association, except matters where s/he shall finally be adjudged or have entered his/her consent in such action, suits or proceedings to have been derelict in the performance of his/her duties as such Director or Officer and the foregoing right to indemnification shall not be exclusive of other rights to which he/she shall be entitled as a matter of law.

SECTION I.    MAJORITY VOTE

In any action relating to the need for a vote by the Board of Directors, a majority vote shall rule unless stated otherwise in the Association By Laws.

Article VII

Officers

SECTION A.    OFFICERS QUALIFICATIONS, AUTHORITY AND ELECTION

1.  The officers of the Association shall be elected at an annual convention (seminar/conference) by a majority vote of Members present and shall be:

a.  President.

b.  Vice President.

c.  Secretary.

d.  Treasurer.

2.  Officers, other than the President, shall not be members of the Board of Directors.

3.  The offices of the Secretary and Treasurer may be held by the same person at the same time.

4.  The officers of this Association shall be elected at the annual conventions (seminars/conferences) and shall hold their respective offices for a period of two (2) years, unless removed from office the Board of Directors.

5.  Officers shall hold their respective offices until their successors have been elected and become qualified.

6.  Any officer may be removed at any time by a five-sevenths (5/7ths) vote of the Board of Directors, with or without cause.

7.  In case of death, disqualification, absence of or inability to act, of any officer of the Association or for any reason that the Board may deem sufficient, the Board may delegate certain of or all the powers and duties of such officer to any other officer or Director.

8.  No member shall concurrently hold elected office in this Association and any other Accident Reconstruction or Accident Investigation Association.  (This shall not include a position in a private corporation).

SECTION B.    PRESIDENT

The President shall be the chief executive officer of the Association and shall preside at all meetings of the members and Board of Directors.  S/he shall have management of the business of the Association, under the supervision and direction of the Board of Directors and shall see that all orders and resolutions of the members and Board of Directors are carried into effect.  S/he, together with the Secretary, shall execute all contracts or instruments requiring the Seal of the Association and shall have such other powers and perform such other duties as the Board of Directors may, from time to time, prescribe.

SECTION C.    VICE PRESIDENT

In case of death, disqualification, absence or incapacity of the President, the Vice President shall have all powers and perform all duties of the President, and at other times shall have such of the powers and perform such of the duties of the President as the Board of Directors may, from time to time, prescribe.

SECTION D.    SECRETARY

The Secretary shall attend all meetings of the Board of Directors and of the members and shall record all votes and the minutes of the all proceedings of those meetings in a book to be kept for that purpose and shall keep a record of the members and associates of the Association, shall have custody of the corporate seal and attest the same when properly authorized to be affixed.  S/he shall give notice of all meetings when required to do so and shall perform such other duties as may be from time to time, prescribed by the Board of Directors or by the President under whose supervision s/he shall be.

SECTION E.    TREASURER

The Treasurer shall keep or supervise the keeping of full and accurate accounts of receipts and disbursements in books belonging to the Association and shall deposit all monies, securities and other valuable effects of the Association in such depositories as may be designated from time to time, by the Board of Directors.  S/he shall perform all other duties as may, from time to time, be prescribed by the Board of Directors or by the President under whose supervision s/he shall act.

Article VIII

Finances

SECTION A.    FISCAL YEAR

The fiscal year of the Association shall commence on January one of each year and shall terminate on December thirty-one of the same year, or shall be subject to such changes as the Board of Directors shall, from time to time, determine.

SECTION B.    DEPOSITS

The Board of Directors shall select banks, trust companies or other depositories in which all funds of the Association, not otherwise employed, shall from time to time, be deposited to the credit of the Association.

SECTION C.    CHECK, SIGNING LEGAL DOCUMENTS

All evidences of indebtedness and other legal documents including contracts, conveyances, mortgages, etc., shall be signed by the President and Secretary, or by such officer or officers as may be designated by resolution of the Board of Directors, except that any check in an amount not to exceed one hundred dollars ($100.00) may be signed by the Secretary alone.

SECTION D.    OBLIGATIONS OF MEMBERS

Any member’s obligation to the Association or to its creditors shall be limited to any sums due or owing the Association by such member.

SECTION E.    DISSOLUTION

The interest of each member in the funds, investments and other assets of the Association, the member status of which shall terminate for any reason except through dissolution of the Association, shall immediately cease and determine any such member shall have no interest or right therein.  Upon dissolution of this Association, all assets of the Association in excess of those necessary to pay proper and legal debts shall be distributed to non-profit organizations that are recognized as non-profit under the laws of the Government of the United States.  The recipient organization shall be determined by a majority of the Board of Directors.

Article IX

Amendment of the Bylaws

1.  The Board of Directors shall have the power to amend, alter or repeal these By Laws and to adopt new By Laws, from time to time, by an affirmative vote of the majority of the whole Board as then constituted, provided that notice of the proposal to make, alter, amend or repeal the By Laws was received in writing by the Secretary/Treasurer prior to or during the Board meeting.

2.  Decisions of the Board shall be published by letter to all members and such decisions shall take effect sixty (60) days from the date of    such letter, unless disagreed with, in writing, by twenty percent (20%) of the total members prior to said date.

Article X

Miscellaneous

SECTION A.    EMPLOYEES

The Association may employ such persons as the Board of Directors may, from time to time, deem necessary.  The salary or fees of such persons shall be paid by the Association out of corporate funds, upon affirmative vote of the Board of Directors.

SECTION B.    NOTICES

Whenever, under the provisions of these By Laws, notice is required to be given to any member, Director or Officer, it shall not be construed to require personal notice, but such shall be given in writing, by mail by depositing the same in the post office or at a letter box, in a postpaid, sealed wrapper, addressed to such member, Director or Officer, at the last address appearing on the books and records of the Association.

SECTION C.    CORPORATE SEAL

The Association shall have a seal consisting of a circle, encircling the words, “CORPORATE SEAL”, with the name of the Association around the upper portion of said circle and the word, “MINNESOTA”, at the bottom of said circle.

SECTION D.    ASSOCIATION PROCEEDINGS

When not inconsistent with the Constitution or these By Laws, Robert’s Rules of Order shall govern the proceedings of the Association.

SECTION E.    IAARS AUXILIARY

The Association hereby authorizes the formation of an Auxiliary comprised of spouses of the members and associates.

Certification

This is to certify that all of the original By Laws of the International Association of Accident Reconstruction Specialists were approved by ballot vote of its members on October 23, 1981.  Any amendments to these By Laws since October 23, 1981, up to and including the date of October 19, 1982, have been approved by a majority vote of the Board of Directors as then constituted.  Any amendments to these By Laws since October 19, 1982 have been approved by a majority vote of the Board of Directors as then constituted and such amendments became effective sixty (60) days from the date of the letter notifying the members of such amendments, and then only if such amendments were not disagreed with, in writing, by 20% of the total members prior to the deadline.

Signed, Butch Thompson, President, IAARS

Signed, Ralph Cunningham, Secretary, IAARS


End of document