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Wyoming and Western South Dakota Chapter Bylaws

 

Effective February 8, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Copyright 2014 by the Appraisal Institute. All rights reserved.

Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopy, recording or otherwise, without the prior written consent of the publisher.

 

Table of Contents

ARTICLE I: Name, Charter and Jurisdiction. 5

Part A: Name. 5

Part B: Charter 5

Part C: Jurisdiction. 5

ARTICLE II: Purposes. 6

ARTICLE III: Belonging to a Chapter 7

Part A: Classifications of Membership, Candidacy or Affiliation. 7

Part B: Requirement of Chapter Membership, Candidacy or Affiliation. 7

Part C: Assignment 7

Part D: Transfer 7

Part E: Primary Chapter 7

Part F: Belonging to Multiple Chapters. 7

ARTICLE IV: Designated Members, Candidates, Practicing Affiliates and Affiliates of the Chapter and Their Privileges. 9

Part A: Designated Members. 9

Part B: Candidates. 9

Part C: Practicing Affiliates. 10

Part D: Affiliates. 11

ARTICLE V: Fiscal Year, Chapter Dues, and Fees. 12

Part A: Fiscal Year 12

Part B: Annual Chapter Dues or Fees. 12

Part C: Dues of New Designated Members, or Fees of New Candidates, Practicing Affiliates, or Affiliates  12

Part D: Administrative Fees for Designated Members. 12

Part E: Payment Date. 12

Part F: Late Fee and Nonpayment 13

Part G: Waiver of Dues or Fees. 13

Part H: Limitation on Dues and Fees. 13

Part I: Special Assessments. 13

Part J: Special Assessment Payment Date. 13

Part K: Waiver of Special Assessment 13

ARTICLE VI: Chapter Board of Directors. 15

Part A: General Authority. 15

Part B: Composition. 15

Part C: Term.. 15

Part D: Eligibility. 15

Part E: Removal 15

Part F: Vacancies. 16

Part G: Notice of Regular Meetings. 16

Part H: Meetings. 16

Part I: Special Board of Directors Meetings. 16

Part J: Meetings in Person or by Interactive Technology. 17

Part K: Action Without a Meeting. 17

Part L: Quorum.. 17

ARTICLE VII: Chapter Officers. 18

Part A: General Provision. 18

Part B: Eligibility. 18

Part C: Removal 18

Part D: Vacancies. 18

Part E: Duties of the Chapter President 19

Part F: Duties of the Chapter Vice President 19

Part G: Duties of the Chapter Secretary. 20

Part H: Duties of the Chapter Treasurer 20

ARTICLE VIII: Nominations and Elections. 22

Part A: Composition of Chapter Nominating Committee. 22

Part B: Eligibility to Serve and Removal 22

Part C: Duties of Chapter Nominating Committee. 22

Part D: Report of Chapter Nominating Committee. 23

Part E: Additional Nominations. 23

Part F: Chapter Elections. 23

Part G: Notification of Results. 24

Part H: Chapter Representatives to the Regional Committee. 24

Part I: Use of Alternate Chapter Representatives. 24

ARTICLE IX: Chapter Committees. 25

Part A: General 25

Part B: Required Chapter Committees. 26

Part C: Optional Chapter Committees. 28

ARTICLE X: Chapter Meetings and Quorums. 30

Part A: Regular Chapter Meetings. 30

Part B: Special Chapter Meetings. 30

Part C: Quorum.. 30

Part D: Joint Meetings. 30

Part E: Robert’s Rules of Order 31

ARTICLE XI: Branch Chapters. 32

Part A: Purpose. 32

Part B: Formation. 32

Part C: Procedures and Directives. 32

Part D: Branch Chapter 32

Part E: Branch Chapter Leadership. 32

Part F: Removal 32

Part G: Branch Chapter Chair 33

Part H: Branch Chapter Vice Chair 33

Part I: Branch Chapter Advisory Board. 33

Part J: Branch Chapter Meetings. 33

Part K: Branch Chapter Funding. 33

Part L: Branch Chapter Reports. 33

ARTICLE XII: Chapter Publications. 34

Part A: Chapter Directory. 34

Part B: Chapter Newsletter 34

Part C: Chapter Website. 34

ARTICLE XIII: Restrictions Upon the Powers of Chapters. 35

Part A: General Limitation. 35

Part B: Adoption and Amendment of Chapter Bylaws. 35

Part C: Restriction Upon Committing the Appraisal Institute. 35

Part D: Acting in the Name of the Appraisal Institute. 36

Part E: Acting in the Name of the Chapter 36

Part F: Restriction Upon Incorporation. 36

Part G: Use of Chapter Funds. 36

Part H: Chapter Education Trust Funds. 36

ARTICLE XIV: Suspension or Revocation of Charter 38

Part A: Suspension or Revocation for Cause. 38

Part B: Surrender of Charter 38

Part C: Disposition of Assets. 38

 

 

Name, Charter and Jurisdiction

 

Part A: Name

The name of this organization is the Wyoming and Western South Dakota Chapter of the Appraisal Institute (hereinafter referred to as “Chapter”).

 

 Part B: Charter

This Chapter was created and exists solely by reason of the charter granted to it by the Appraisal Institute and shall hold all its property in trust for the Appraisal Institute.

 

 Part C: Jurisdiction

The territorial jurisdiction assigned to this Chapter by the Board of Directors of the Appraisal Institute is the State of Wyoming and the South Dakota counties of Bennett, Butte, Corson, Custer, Dewey, Fall River, Gregory, Haakon, Harding, Jackson, Jones, Lawrence, Lyman, Meade, Mellette, Pennington, Perkins, Shannon, Stanley, Todd, Tripp, Ziebach.

 

 

Purposes

 

The purposes for which this Chapter is formed are and shall be the purposes of the Appraisal Institute as set forth in the national Bylaws, and in addition to afford local Designated Members, Candidates, Practicing Affiliates and Affiliates of the Appraisal Institute a suitable means for exchanging information and experience.

 

No part of the net income of the Chapter shall inure to the benefit of any individual or any group of Designated Members, Candidates, Practicing Affiliates, and/or Affiliates of the Appraisal Institute. The Chapter is not organized for profit or to engage in any activity ordinarily carried on for profit.

 

 

Belonging to a Chapter

 

Part A: Classifications of Membership, Candidacy or Affiliation

Chapters shall have Designated Members, Candidates, Practicing Affiliates, Affiliates and Honorary Members as defined in the national Bylaws of the Appraisal Institute.

  

Part B: Requirement of Chapter Membership, Candidacy or Affiliation

All Designated Members, Candidates, Practicing Affiliates and Affiliates must belong to a Chapter. If and when an individual who has belonged to a Chapter ceases to be a Designated Member, Candidate, Practicing Affiliate or Affiliate, such individual shall no longer belong to such Chapter.

  

Part C: Assignment

Rules concerning which Chapter a Designated Member, Candidate, Practicing Affiliate or Affiliate may belong to are found in Regulation No. 8 of the Appraisal Institute.

 

Part D: Transfer

A Chapter may not unilaterally waive the requirement that a Designated Member, Candidate, Practicing Affiliate or Affiliate within its jurisdiction belong to the Chapter. However, a Designated Member, Candidate, Practicing Affiliate or Affiliate may transfer from the Chapter with jurisdiction to a Chapter with contiguous territory upon written agreement between both Chapters and the individual involved, and written notice delivered to the national headquarters.

  

Part E: Primary Chapter

A Designated Member, Candidate, Practicing Affiliate or Affiliate may belong to more than one Chapter, however, such individual must choose a primary Chapter. Chapter size shall be determined as of January 1 of each year. For purposes of determining Chapter size for representation to the regional committee, only those Designated Members who have chosen the Chapter as their primary Chapter shall be counted.  

 

A Designated Member shall vote only in his or her primary Chapter on Regional and national issues. A Candidate, Practicing Affiliate or Affiliate shall have the right to vote only in his or her primary Chapter on Regional and national issues except on admissions issues and education issues where examination security is impacted.

 

Part F: Belonging to Multiple Chapters

A Designated Member, Candidate, Practicing Affiliate or Affiliate may belong to more than one Chapter provided that:

1)     such individual chooses a primary Chapter; and

2)     the Chapter that is not primary permits individuals to join the Chapter as their non-primary Chapter.

 

A Designated Member, Candidate, Practicing Affiliate or Affiliate who belongs to more than one Chapter shall:

 1)     pay dues and fees specified in these Bylaws to each Chapter to which he or she belongs; and

 2)         have the Chapter voting rights specified in these Bylaws only in his or her primary Chapter.

 

Designated Members, Candidates, Practicing Affiliates and Affiliates of the Chapter and Their Privileges

 

Part A: Designated Members

Section 1. Categories and Statuses

Chapters shall have Practicing and Non-Practicing Designated Members as defined in the national Bylaws. Practicing Designated Members may also hold the status of Practicing Past President Member, Practicing Life Member or Practicing Semi-Retired Member. Non-Practicing Designated Members may also hold the status of Temporarily Non-Practicing Member, Non-Practicing Retired Member, Non-Practicing Past President Member or Non-Practicing Life Member.

Section 2. Voting Rights

Designated Members in good standing except Non-Practicing Members who do not hold the status of Temporarily Non-Practicing Member, Non-Practicing Retired Member, Non-Practicing Life Member or Non-Practicing Past President Member, shall have the right to vote at the Chapter level.

 

Section 3. Eligibility for Service

Designated Members, except Temporarily Non-Practicing Members, may serve in any Chapter office, on the Chapter Board of Directors and on any Chapter committee, panel, project team or other Chapter body if such Designated Members:

a)     are members of the Chapter in good standing; 
b)    hold the status “continuing education completed”;  
c)     have not been subject to a publishable disciplinary action by the Appraisal Institute within the five (5) years
      prior to election or appointment; and 
 
d)    are not otherwise precluded from serving by these Bylaws.

 

Part B: Candidates

Section 1. Candidates

Chapters shall have Candidates as defined in the national Bylaws. Candidates shall hold the status of Practicing Candidate or Temporarily Non-Practicing Candidate as defined in the national Bylaws.   

Section 2. Voting Rights

Candidates in good standing shall have the right to vote at the Chapter level except on:

a)     education issues where examination security is impacted; or 

b)    admissions issues.

 

Section 3. Eligibility for Service

Except where provided otherwise, Candidates in good standing, except Temporarily Non-Practicing Candidates may serve in any Chapter office other than President, on the Chapter Board of Directors and on Chapter committees, panels, project teams or other Chapter bodies if such Candidates:

a)     are Candidates in good standing; 
b)    have completed the continuing education requirements for Candidates; and  
c)     have not been subject to a publishable disciplinary action by the Appraisal Institute within the five (5) years prior to election or appointment.

 

Candidates who serve at the Chapter level may not participate in:

 

a)     education issues where examination security is impacted; or  

b)    confidential admissions issues.

 

Part C: Practicing Affiliates

Section 1. Practicing Affiliates

Chapters shall have Practicing Affiliates as defined in the national Bylaws.

 

Section 2. Voting Rights

Practicing Affiliates in good standing shall have the right to vote at the Chapter level except on:

a)     education issues where examination security is impacted; or
b)    admissions issues.

 

Section 3. Eligibility for Service

Except where provided otherwise, Practicing Affiliates may not serve in any Chapter offices, on the Chapter Board of Directors, or on any Chapter committees.  Practicing Affiliates who were elected or appointed to hold Chapter offices, serve on the Chapter Board of Directors or serve on a Chapter committee prior to January 1, 2013 may complete the balance of their terms so long as they as they continue to meet all other requirements for service and maintain their Practicing Affiliate status, but shall not be eligible for re-election or re-appointment unless they become Candidates or Designated Members.

 

Except where provided otherwise, Practicing Affiliates may serve on Chapter panels, project teams and other Chapter bodies where permitted if such Practicing Affiliates:

a)     are a Practicing Affiliate in good standing;
b)    have completed any continuing education requirements for Practicing Affiliates; and
c)     have not been subject to a publishable disciplinary action by the Appraisal Institute within the five (5) years prior to appointment.

Practicing Affiliates who serve at the Chapter level may not participate in:

a)     education issues where examination security is impacted; or

b)     confidential admissions issues.

 

Part D: Affiliates

Section 1. Affiliates Category

Chapters shall have Affiliates as defined in the national Bylaws.

 

Section 2. Voting Rights

Affiliates in good standing shall have the right to vote at the Chapter level except on:

a)     education issues where examination security is impacted; or
b)   admissions issues.

Section 3. Eligibility for Service

Except where provided otherwise, Affiliates may not serve in Chapter offices, on the Chapter Board of Directors or on Chapter committees. Affiliates who were elected or appointed to serve on Chapter committees prior to January 1, 2013 may complete the balance of their terms so long as they as they continue to meet all other requirements for service and maintain their Affiliate status, but shall not be eligible for re-election or re-appointment unless they become Candidates or Designated Members.

Except where provided otherwise, Affiliates may serve on Chapter panels, project teams and other Chapter bodies where permitted if such Affiliates:

a)     are Affiliates in good standing; and
b)    have not been subject to a publishable disciplinary action by the Appraisal Institute within the five (5) years prior to appointment. 

Affiliates who serve at the Chapter level may not participate in:

a)     education issues where examination security is impacted; or 

b)    confidential admissions issues.

 

 

Fiscal Year, Chapter Dues, and Fees

 

Part A: Fiscal Year

The fiscal year of the Chapter shall be the calendar year.

Part B: Annual Chapter Dues or Fees

Except as provided otherwise, all Designated Members, Candidates, Practicing Affiliates and Affiliates belonging to a Chapter shall pay annual Chapter dues or fees.  The amount of Chapter dues and fees shall be set by the Chapter Board of Directors if the national Board of Directors has not established such amount. The amount set for Chapter dues and fees may not exceed the annual national dues and fees set by the national Board of Directors for Designated Members, Candidates, Practicing Affiliates or Affiliates. Invoices for national and Chapter dues and fees shall be issued by the Appraisal Institute with the Chapter dues and fees being remitted to the local Chapter. Except where the national Bylaws, Regulations and policies of the Appraisal Institute provide otherwise, dues and fees collected during one month shall be remitted to the Chapter no later than the fifteenth of the subsequent month. Other Chapter expenses, such as meal costs and assessments, shall be the responsibility of the Chapter for collection and shall not be considered as dues or fees.

As defined in the national Bylaws of the Appraisal Institute, Honorary Members, Practicing and Non-Practicing Past President Members, Temporarily Non-Practicing Designated Members and Non-Practicing Retired Designated Members are not required to pay Chapter dues.

 

Part C: Dues of New Designated Members, or Fees of New Candidates, Practicing Affiliates, or Affiliates

The Chapter dues of a new Designated Member or fees for a new Candidate, Practicing Affiliate or Affiliate for the year in which he or she is admitted shall be prorated on a monthly basis and shall be payable within ten (10) days of notice delivered in writing. The Chapter dues of Designated Members or fees of Candidates, Practicing Affiliates or Affiliates joining after November 1 shall be credited to the following fiscal year.

Part D: Administrative Fees for Designated Members

Temporarily Non-Practicing Designated Members and Non-Practicing Retired Designated Members shall pay an annual Chapter administrative fee in an amount set by the Chapter Board of Directors. The amount set for a Chapter administrative fee may not exceed the annual national administrative fee set by the national Board of Directors. Temporarily Non-Practicing Designated Members and Non-Practicing Retired Designated Members who fail to pay the administrative fee shall cease to receive any services from the Chapter.

Part E: Payment Date

Annual Chapter membership dues, Candidate fees, Practicing Affiliate fees, Affiliate fees and Chapter administrative fees for Temporarily Non-Practicing Designated Members and Non-Practicing Retired Designated Members shall be payable on January 1 of each year.

Part F: Late Fee and Nonpayment

A late fee of fifteen percent (15%) shall be charged to all Designated Members, Candidates, Practicing Affiliates and Affiliates who have not paid their dues, fees or administrative fees by April 1 of each year.

The rules governing suspension or termination of a Designated Member, Candidate, Practicing Affiliate or Affiliate for nonpayment of dues, fees or administrative fees are found in the national Bylaws.

Part G: Waiver of Dues or Fees

The Chapter Board of Directors may suspend or waive, in whole or in part, the payment of Chapter member dues, Chapter Candidate, Practicing Affiliate, or Affiliate fees or Chapter administrative fees by any Designated Member, Candidate, Practicing Affiliate or Affiliate belonging to the Chapter. The Chair of the national Finance Committee must receive notice delivered in writing of the waiver of Chapter dues, fees or administrative fees and the reason for such waiver.

Part H: Limitation on Dues and Fees

The Chapter may not charge member dues, Candidate, Practicing Affiliate, or Affiliate fees or administrative fees other than as authorized above without the approval of the national Board of Directors. A Chapter may, however, charge for meal costs and/or levy special assessments.

Part I: Special Assessments

The Chapter may levy a special assessment upon its Designated Members, Candidates, Practicing Affiliates and Affiliates to create or maintain a specific Chapter reserve fund or to pay the cost of a specific Chapter special activity or project. A special assessment must be authorized by the affirmative vote of not less than seventy-five percent (75%) of the Designated Members, Candidates, Practicing Affiliates and Affiliates of the Chapter present and voting at a Chapter meeting. Notice of the Chapter meeting at which the vote on a special assessment is to be taken shall specify the time, date and purpose of such meeting. The amount of any special assessment, as applied to each individual Designated Member, Candidate, Practicing Affiliate and Affiliate belonging to the Chapter, shall not exceed the amount of the individual’s current annual national dues or fees to the Appraisal Institute.

Part J: Special Assessment Payment Date

The due date (or dates) for payment of a special assessment of the Chapter shall be determined by the Chapter Designated Members, Candidates, Practicing Affiliates and Affiliates at the time the special assessment is authorized.

Part K: Waiver of Special Assessment

The Chapter Board of Directors may suspend or waive, in whole or in part, the payment of a Chapter special assessment by any Designated Member, Candidate, Practicing Affiliate or Affiliate belonging to the Chapter. The Chair of the national Finance Committee must receive notice delivered in writing of the waiver of a Chapter special assessment and the reason for such waiver.

 

Chapter Board of Directors

 

Part A: General Authority

The affairs and activities of the Chapter shall be administered by a Board of Directors. The Chapter Board of Directors shall exercise all powers specifically delegated to the Chapters by Regulation No. 8, the national Bylaws and the policies of the Appraisal Institute, subject to the restrictions upon such powers set forth in Regulation No. 8 and established by the national Board of Directors.

Part B: Composition

The Chapter Board of Directors shall consist of elected and ex officio voting and nonvoting members.

The elected officers of the Chapter, the immediate past President of the Chapter and the Chair of the Branch Chapters(s) (if any) shall be ex officio voting members of the Chapter Board of Directors. Each member of the national Board of Directors who belongs to the Chapter shall be an ex officio nonvoting member of the Chapter Board of Directors including the right to introduce and second motions and resolutions.

There shall be three at least (3) elected members of the Chapter Board of Directors.

Part C: Term

Approximately one-third (1/3) of the elected members of the Chapter Board of Directors shall be elected each year to serve a three (3) year term.

Part D: Eligibility

A Designated Member or Candidate of the Chapter is eligible to serve on the Chapter Board of Directors if he or she meets the requirements set forth in these Bylaws. No elected director shall serve consecutive three (3) year terms unless recommended by the Regional Committee with jurisdiction over the Chapter and approved by the national Board of Directors.