Crockett County Amateur Radio Society Constitution

CROCKETT COUNTY AMATEUR RADIO SOCIETY

Organized June 12, 1998

2008 Officers and Directors

Mr. Randy Smith – President

Mr. Andrew Russell – Vice-President

Mr. Robert McLaughlin – Secretary/Treasurer/PIO

Mr. Dave Colvett – Director

Mr. Jerrel Reasons and Mr. Jay Nance – Director and Chair

This document comprises the founding Constitution of Crockett County Amateur Radio Society (hereinafter identified as CCARS.) This Constitution is binding upon the Members under the Laws of the State of Tennessee, and the Uniform Commercial Code (UCC.)

CONSTITUTION

We, the undersigned, being desirous to secure for ourselves the pleasures and benefits of the association with persons commonly interested in Amateur Radio, those desiring to become Amateur Radio Operators, and to be interested in various aspects of Amateur Radio, including Amateur Radio Repeater Operation, to develop individual proficiency in Station Operation, Practices and Procedures and to further the interest in Amateur Radio; do hereby constitute ourselves as The Crockett County Amateur Radio Society. The Crockett County Amateur Radio Society is dedicated to the basic premise of Amateur Radio in that all modes of communication centering around the art of radio transmission/reception and the attendant service in times of emergency and/or disaster to the community at large is maintained in a respectful and honorable fashion. The Crockett County Amateur Radio Society will maintain an: impeccable and professional appearance to the greater public and among the several member stations.

AIMS

The basic aims of this organization are to provide an element of co-ordination in it’s leadership, to help others to become Amateur Radio Operators and to advance their skills by providing classes in order that the members may upgrade their license class, and to stimulate a cooperative interest in it’s membership to contribute their time and knowledge progressively toward the following achievements, to wit:

a. Provide training and assistance for those persons desiring to become Amateur Radio Operators, by those persons qualified to do so, assisting in the Volunteer Examiner (VE) program to enable applicants to obtain an initial license and/or to upgrade to a higher classes of license(s).

b. To respectfully honor the tradition of Amateur Radio in instituting the “Elmer” program and to do so non-profit and altruistically for the good of all members and the greater community.

The Society is not in the business of profiting on the lack of knowledge of others; notwithstanding, the Society will maintain a condition of non- indebtedness as to monetary expenditures in the execution of the foregoing premise, and, a routine and regular record of receipts and expenditures will be tendered to the Society and the membership only, and at regular times and seasons. The Society will maintain an independent and self-supporting architecture based on the gifts and contributions of the membership and through the efforts, labors, and expertise of that membership.

The Crockett County Amateur Radio Society will develop, construct, maintain and operate an Amateur Radio Repeater Station or Stations. A lawful and legal Control Operator designee will be nominated to fulfill the function of the Federal Communications Commission’s definition of a repeater Control Operator, and who will function in that capacity voluntarily and to the best of his/her abilities in order to hold the Society and the membership not subject to fines, penalties, forfeitures or loss of service at all times and during the term of his/her tenure. This repeater Control Operator will at regular times perform tests of station frequency and deviation (if primarily FM mode of transmission) and other tests as to ascertain the lawful use of the repeater functions by the Society and submit the record of his/her activities in regards these tests, to the Society Secretary, President, and membership and a record of these tests will be maintained for inspection by proper and lawful authorities and the Federal Communications Commission. The nominee Control Operator shall have the sole responsibility and authority to cease and shut down the operation of the Society repeater should the condition arise that warrants such action and to promptly notify the Society President of his actions within 24 (twenty-four) hours. Normal amateur radio use of the repeater will not include cursing, attempts at blocking or “QRM,” advertising for monetary gain, lewd or suggestive remarks, anger tirades or attempts at evoking argument, or, any violation of the statutes of the Federal Communications Commission. The Control Operator for the Society repeater shall have sole responsibility and authority for the operation of the repeater and will be a person of high moral and ethical character supported in his/her efforts in establishing the integrity of the Society repeater by the full membership.

The Crockett County Amateur Radio Society will provide an emergency radio network in cooperation with the Emergency Management, Agency, the National Weather Service and other public institutions for the benefit of all people. This network will use all modes of radio communication and facilities at the Society’s disposal and will make same available at all times to proper and lawfully constituted and known agencies of the Federal, State, and Local Governments during times of Emergency or Disaster and /or severe weather in a consistent and co-operative spirit. The Crockett County Amateur Radio Society is a service to the community at large, and will provide this service while adhering to the provisions set out by the Federal Communications Commission.

ARTICLE 1

Section 1. The name of this organization shall be: Crockett County Amateur Radio Society.

Section 2. The principal Point-of-Contact office shall be located in Alamo, Tennessee at the Emergency Operations Center, or at such other place(s) as may be designated by the President of the Crockett County Amateur Radio Society.

Section 3. All persons interested in Amateur Radio shall be eligible for membership.

The classes of membership are as follows

a. Full Membership

b. Supporting Membership

c. Honorary Membership

d. Associate Membership

An application for membership shall be submitted at a regular or special meeting, and each applicant must express a willingness to abide by the Constitution. At least two-thirds of the members present at a meeting, by a showing of hands vote, must approve the applicant before he/she may be considered elected for membership. The usual and customary Rules of Parliamentary Procedures apply in these cases. Should an applicant not be voted into the membership at this time, he/she is not precluded from applying at a later date. A basis in fact for not voting an applicant into the membership shall be entered into the Record of the Proceedings by the Society Secretary, or an accurate representation of the polling shall be caused to be entered into the Record. No person shall become of member of the Crockett County Amateur Radio Society except by vote of the general membership. Any person who is not voted into the membership on the second vote by the membership is under the Doctrine of Res Gestae precluded from membership for Life.

QUALIFICATIONS FOR FULL MEMBERSHIP:

1. The candidate must hold a valid lawful amateur radio license issued by the Federal Communications Commission or similar vested Office of a reciprocal Foreign Government. An applicant who is discovered to hold a fraudulent license will have his/her membership expunged from the Records of the Society. A candidate for membership who loses his/her license due to proceedings of the Federal Communications Commission will no longer be eligible for Full Membership effective the date of the FCC’s issuing a Rule and Order in the cause. The license must be of sufficient grade to enable operation on VHF or UHF frequencies allocated by the Federal Communications Commission for repeater and associated simplex operation.

2. Agree to support this organization by the payment of annual dues as set forth by the membership for a given year.

3. Should two or more persons having been found to meet the above qualifications and reside in the same household or domicile desire to become members of this organization, they may do so without paying to the Treasurer of the Society additional dues. However, only one (1) person shall have his/her vote counted towards a quorum at a meeting, unless more than one desires to pay the full member dues and have full voting privileges. This is to say married couples and families may vote once and are counted as one (1) person during voting unless each individual is a paying member in his/her own right. One paid membership equals one vote.

QUALIFICATIONS FOR SUPPORTING MEMBERSHIP:

1. Those persons who are in accord with the aims and purposes of this organization, but not necessarily are licensed amateur radio license holders, may become supporting members by making yearly voluntary contributions to the Society.

2. Supporting members may not hold an Office in the Crockett County Amateur Radio Society or have voting privileges in the Society.

3. Supporting Membership expires one year from the date of the contribution to the Society, unless the supporting membership is renewed.

4. Supporting Members will not be allowed access to sensitive data or information that my be part of the activities of the Full Membership during a Disaster or Emergency exercises and supporting members do not have approval to use any such information for rebroadcast, printing, or any means of reproduction electronic or otherwise through commercial channels, further, any use of Crockett County Amateur Radio Society records or activities must be cleared by the President of the Society before used in any form or fashion outside of the Society. Supporting Membership is NOT a license to make public the activities and information of the Society, and any use arising from media exposure of individuals aided by this Society will be cause for action, a Tort, and a Breach of Trust, further the Society will assume no liability for a supporting member’s actions if such member is found in violation of this clause.

5. Supporting Memberships are bound by the Articles of this Constitution and acceptance of same is evidenced by receipt of that member’s dues.

QUALIFICATIONS FOR HONORARY MEMBERSHIP:

1. Honorary membership may be conferred upon persons or organizations giving outstanding support to the Crockett County Amateur Radio Society, by a majority vote of full members present at a meeting.

2. Privileges, Rights, and Responsibilities of Honorary Members shall be the same as those of Supporting Members.

QUALIFICATIONS FOR ASSOCIATE MEMBERSHIP:

1.The Associate Member candidate shall have the same qualifications as Full Members.

2. Such prospective Associate Member who resides and maintains a domicile more than 40 (forty) miles from a repeater station operated by this organization. Such person(s) may on his/her own initiative motion the Society to become a Full Member as he/she desires.

3.The Associate Member agrees to support this organization by the payment of 50 (fifty) percent of the annual dues required of Full Members.

4. Associate Members will not hold offices or have voting privileges.

5. Associate Members are bound by the Constitution of the Crockett County Amateur Radio Society as are the Full Members.

ARTICLE II

1. An annual meeting shall be held at times published by either the Secretary of the Society or the President, on the forth (4^th) Monday in January at the Emergency Operations Center in Alamo, Tennessee, or at such other time and place as the President may designate. At such meeting the members shall elect officers in accordance with the provisions elsewhere in this Constitution. Such officers shall serve until their successors are elected and instructed as to their duties. The fiscal year shall be the same as a calendar year.

2. Regular meetings may be held bi-monthly, or at other intervals, as designated by the President or, in his/her absence, by the Vice President, or by a majority of the officers.

3. Special meetings of the members may be called at any time by the President or in his/her absence, by the Vice President, or by a majority of the officers. It shall be the duty of the President or the Vice President to call such a meeting whenever 50 (fifty) percent or more of the full membership request same. Notice shall be given prior to these types of meetings to All Officers.

4. Notice of the time and place of all meetings shall be announced at least three days before the meeting. Such notification may be in writing or may be announced over the Society Repeater Station commonly monitored by a majority of the membership.

5. At every meeting, except as provided for in Section 7, each full member shall be entitled to one vote, which shall be cast in person.

6. Twenty-five (25%) percent of the full membership shall constitute a quorum for the transaction of business at any meeting. Members present, not constituting a quorum, may adjourn a meeting to a future date.

7. On matters likely to be of great concern to the entire full membership, ballots may be sent to all full members, stating the purpose of the ballot. Ballots returned prior to the meeting at which the subject is scheduled to be considered, may be counted along with the votes of those present at the meeting. Those members present plus the ballots returned will be used to determine whether or not there is a quorum. If a person returns a ballot but is present for the meeting, that person’s proxy vote will not be counted.

8. Discussion of sensitive information or Society plans or activities shall not be open to the general public and/or any individual or individuals that are not Full Members of the Crockett County Amateur Radio Society. An exception to this policy is at the discretion of the Society President and a concurrence of the Full Members present at such meeting(s). This provision is made in observance to the Society’s function as a service and support group operating possibly in Emergency and Disaster exercises aligned with Federal Homeland Security, Local and Federal Officials and in respect to families of possible victims, the victims themselves and their right of Privacy during Disasters or Emergencies. The Crockett County Amateur Radio Society is NOT a liaison of Commercial News Broadcasting and Publishing entities. Third party retransmission by any means of Society communications is a crime. Express written consent granted by the President of the Society must be obtained prior to use of: any Society communication, information, plans or activities by any individual(s), and then only if such use conforms to Rules set out for such use by the Federal Communications Commission of the United States of America.

9. The Society shall have the authority to establish membership dues. Such dues shall be paid at the beginning of each calendar year. Dues may be reviewed and adjusted on an annual basis at the same time as the election of Officers; with the incoming Officers responsible for establishing the membership fee for that calendar year. Members joining in July or thereafter shall be required to pay only one half (½) of the amount of the annual dues.

ARTICLE III

1: The business and property of this organization shall be managed by the officers, which shall consist of the President, the Vice President, the Secretary / Treasurer, and the Board of Directors, all of who must be Full Members duly elected by the members of the organization.

2. A minimum of one (1) person qualified by the Federal Communications Commission to be a Control Operator of a Repeater shall be elected by the membership to serve as a repeater control operator trustee. This repeater station control operator/trustee shall be responsible for the proper operation of the repeater station and shall arrange for proper maintenance to be performed when necessary. The repeater station control operator/trustee may, but is not required to be, one of the elected officers of the organization. If the organization operates more than one repeater station, there shall be a control operator/trustee for each repeater. Such Control Operator/Trustee(s) shall serve until the Individual(s) desire to be replaced or the membership desires replacement. Full operational control of each repeater station maintained by this organization shall be vested in this Control Operator/Trustee qualified by the Federal Communications Commission to operate the repeater.

3. At each annual meeting of the membership, the Officers shall submit a statement of the condition of the organization, together with a report of the general financial condition, and the condition of its’ tangible property.

ARTICLE IV

1. The Officers shall be a President, Vice President, a Secretary / Treasurer. All of these shall be elected for the term of one (1) year, and shall hold office until their successors are duly elected. If necessary, the offices of Secretary and Treasurer may be held by one person. There will be two (2) Directors in addition to the three (3) Officers as listed above. One Director shall act as the Chair of the Management Committee and shall participate in any vote taken by Management (i.e., the Officers) only to break a tie vote of the Officers. The Director(s) shall retain his/her office until such time of his/her resignation and/or replacement by vote of the membership at large. The Director may be removed from office upon a motion made, seconded and approved by vote of at least 75 (seventy-five) percent of the Full Members present at a regular or special called meeting; advance notice of such proposed action having been given. The purpose of the Director is to provide continuity to the Society management process.

2. All checks drawn on the banking account of the Crockett County Amateur Radio Society shall bear the signatures of either the President or Vice President, and the Treasurer. Alternative, in the absence of the Treasurer, the signatures of the President and Vice President shall prevail. Two (2) Officer Signatures shall be required on any disbursement.

3. The President shall preside over all membership meetings. The President shall have general supervision over the affairs of the organization and shall perform all such other duties as are usually incident to the President of an organization.

4. In case of absence or disability of the President, his/her duties shall be performed by the Vice President who will promptly notify the President in all matters enacted and performed, under his office within 24 (twenty-four) hours if possible or soon thereafter, either by Internet email or certified return receipt requested United States Postal Service. This will be the duty of the Vice President and/or the Secretary of the Society. Should an Emergency or Disaster precipitate the herein articles then mature judgment will prevail on all parties involved as to the time frame of Notice but not to negating of their responsibilities of proper Notice. In no case or instance will the presiding President be responsible or liable for the actions, direct or indirect of other members or Officers.

5. The Secretary shall issue all Notices of regular membership meetings, and special meetings and shall attend and record the minutes of all meetings; shall have charge of all organization books, records, and papers; and shall perform all other such duties as are incident to the Office. In the absence of the Secretary, a qualified member shall perform all the above duties. The Secretary shall have an up-to-date copy of this Constitution and Articles available at all meetings, and it shall be available for inspection by any Member.

6. The Treasurer shall have custody of all money and securities of the organization. The Treasurer shall keep regular books of account and submit them, together with vouchers, receipts, records, and other papers to the Officers for their examination and approval, as often as may be required; and shall perform all other such duties as are incident to his office. In the absence of the Treasurer, the President and Vice President (jointly) shall perform all the above duties. The funds of the organization shall be deposited in such bank or banks as the Officers shall designate, and may be withdrawn only by the signature of the Treasurer along with the President and/or Vice President (i.e., two signatures are required on a withdrawal.)

7. Officers may be removed from office upon a motion made, seconded and approved by vote of at least 75 (seventy-five) percent of the Full Members present at a regular or special called meeting; advance notice of such proposed action having been given.

8. Any class of Member may be removed from membership upon a motion made, seconded and approved by a vote of at least 50 (fifty) percent of the full members present at a regular or special called meeting; advance notice of such proposed action having been given. If such action arises due to fraud, lose of license, conviction of a felony subsequent to achieving membership, violation of the articles of this Constitution, violation of the Laws of the State of Tennessee which are particularly heinous and would make the member’s membership cause the Society to have questionable reputation or security problems, no refund of membership dues should be expected or granted. Further, if deemed necessary by the Officers of the Society, such eviction from membership does not bar the Society from seeking redress and remuneration for any damages caused by the errant member’s actions in a Court of Law. Such a loss of membership excludes and precludes such person from membership for life, or until the grass no longer grows in the State of Tennessee. The commonly referred to “Morals Clause” applies herein, and is included by reference, and, is retroactive to the time of discovery to past behavior especially if an attempt has been made to defraud or withhold the information from the Society. Such a member’s presence is not necessary at the meeting called for this purpose and such member will be served Notice of Liability by placing same in the United States Postal Service addressed to the last known address or the address exhibited in the FCC’s call sign database under the signature of the Officers of the Crockett County Amateur Radio Society.

9: The President may, at his/her discretion, appoint special committees for specific tasks. Members of the committee(s) shall come from Full Members of the organization.

ARTICLE V

1. Any proposed change to this Constitution and Articles shall be submitted to the Secretary in writing at least 30 (thirty) days prior to the date for the annual meeting.

2. The Secretary shall put the proposed change in proper order, without changing the meaning thereof, and supply copies of the change to each Full Member at least 15 (fifteen) days prior to the date for the annual meeting.

3. At least two-thirds (2/3) of those Full Members present at the regular/called meeting must vote in the affirmative for the proposed change(s) to be effective.

4. If a change(s) is enacted at the annual meeting, the Secretary shall up-date the master copy of this Constitution and Articles and makes it available to any Full Member upon request.

5. Membership in Crockett County Amateur Radio Society does not automatically qualify the member as a participating member of Crockett County Emergency Management Agency (EMA) ARES/RACES/SKYWARN Programs. Separate Application(s) are required to be filed directly with the Crockett County Emergency Management Agency including; Membership Application; Hold Harmless Agreement / Waiver of Liability; and a Background Request Form that authorizes Crockett County Emergency Management Agency to conduct a full background investigation including civil and/or criminal records.

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