Article I – NAME
This Association shall be known as the National Association of Professional Process Servers, hereinafter referred to as NAPPS.
Article II – PURPOSE
To promote, upgrade, and perpetuate the process serving profession through the following objectives:
Section 1. Promoting legislation and rules which will advance the profession.
Section 2. Combating legislation and rules which may harm the profession.
Section 3. Promoting and maintaining professional and ethical standards for the profession.
Section 4. Improving relations between the profession and the legal community - attorneys, judges, clerks and officers of the court - and the general public, both nationally and internationally.
Section 5. Assisting in the formation and continuation of state and regional associations representing the profession.
Section 6. Promote the National Association of Professional Process Servers to the legal community and to the general public.
Article III – MEMBERSHIP
Section 1. Classes of membership and requirements for membership shall be defined by the Board of Directors. All members agree to abide by the Bylaws and Code of Ethics of NAPPS as a condition of membership.
Section 2. Membership in the Association shall be open to all persons who have been affiliated with the profession of process serving for a minimum of one year. Applications must also be accompanied by no less than 2 letters of reference from anyone with knowledge of the applicant’s experience in the process serving profession. Membership is approved on an individual basis and is not transferable.
Section 3. All applications for membership must be completed in full on a form approved by the Board of Directors. Each application shall be accompanied by the appropriate fees at the time of the application as prescribed by the Board of Directors. These fees shall be deposited into the General Fund. If the application is rejected, all fees less any application fee shall be returned to the applicant.
Section 4. Membership shall not be granted to any person who has been convicted of a felony unless such conviction was officially pardoned or the record thereof has been expunged. In addition, membership shall not be granted to any applicant who has had their license, permit or right to serve process revoked by any issuing authority unless said revocation has been pardoned or the record thereof expunged. Any convictions or revocations described in this section that are more than five years old shall not be grounds for denial of membership.
Section 5. No person shall be denied membership because of their race, color, religion, sex, or ethnic origin.
Article IV – DUES
Section 1. The annual dues shall be determined by majority vote of the membership at the annual conference and shall remain in effect until changed.
Section 2. The year covering the payment of dues shall be July 1 to June 30 of the following year.
Section 3. A member whose dues have not been paid by July 31 of any year shall be considered delinquent. If the dues have not been paid by August 31 of that year, membership shall be forfeited. Reinstatement shall be allowed on the terms and conditions as approved by the Board of Directors.
Article V - ELECTION of OFFICERS and DIRECTORS
Section 1. The officers shall consist of a President, First Vice-President, Second Vice-President, Secretary and Treasurer. Term of each officer shall be from annual meeting to annual meeting.
Section 2. No member shall be eligible to be an officer or director until they have been a member for two years.
Section 3. The immediate past president shall serve one year as a director on the Board of Directors.
Section 4. Three (3) directors shall be elected unless the current president is re-elected, in which event four (4) directors shall be elected.
Section 5. Officers shall be elected by majority vote of members present at the annual meeting. Remaining directors shall be elected in a single ballot with each member casting one vote for each seat to be filled. There shall be no cumulative voting and members may not vote for the same nominee for more than one seat. Ballots reflecting such votes shall be void as to such seats for which votes have been made for the same nominee. Nominees receiving the highest plurality of votes will fill all seats in order of total votes received. Majority vote shall not be required. No proxies shall be allowed.
Section 6. At no time shall more than two directors be from the same state.
Section 7. No member shall hold the office of President for more than two (2) consecutive terms.
Section 8. A vacancy in any office or directorship shall be filled by the Board of Directors.
Section 9. Each member of the Board shall be entitled to receive from NAPPS a stipend for each board meeting attended, excluding the annual meeting, in an amount to be determined by majority vote of the membership attending the annual meeting. Lodging expenses shall also be paid for by NAPPS for members of the Board of Directors. Voting on this issue shall take place prior to the election of officers and directors. A member of the Board of Directors whose expenses to attend board meetings are paid in whole or in part by NAPPS, whether pursuant to contract or for any other reason, shall not be entitled to receive additional funds under this provision.
Article VI - DUTIES of OFFICERS
Section 1. The administration and management of the association shall be controlled by the Board of Directors consisting of all the officers and directors. They shall have the authority to do any and all things necessary for the administration and management of NAPPS. Decisions shall be reached by majority vote of the Board of Directors members present. No proxy voting shall be allowed.
Section 2. The President shall preside at all meetings, shall make all appointments that are deemed necessary to administer NAPPS, and shall submit at the annual meeting an annual report describing programs and Board of Director actions.
Section 3. The First Vice-President shall perform the duties of the office of president whenever the President is unable to do so.
Section 4. The Second Vice-President shall perform the duties of the office of president whenever the President and First Vice-President are unable to do so.
Section 5. The Secretary shall cause to be recorded the minutes of all Board meetings, special meetings and the annual meeting. Except executive session, MacDonald Award Committee and Arbitration & Grievance Committee, minutes of all meetings of the Board of Directors and the committee meetings shall be available to all members upon request.
Section 6. The Treasurer shall be responsible for overseeing all fiscal policies and procedures adopted by the Board of Directors. Specific responsibilities of the Treasurer shall include:
1. Presenting an annual financial report of the Association at the annual conference that includes a balance sheet, income and expense declaration and profit and loss statement.
2. Create and chair the Budget Committee consisting of the Treasurer, Administrator and two (2) at large members appointed by the President. Treasurer will present budget to the Board of Directors for approval and implementation.
Section 7. A petition, signed by members representing fifteen (15) percent of the total votes eligible to vote at that time in NAPPS requesting the holding of an election for the purpose of recalling a member of the Board of Directors or any officer, may be filed at any time with the Secretary. If recall is for the Secretary, the petition shall be filed with the President. After verification of signatures, the President shall certify the petition and immediately direct a ballot be mailed to each member. The ballot shall read as follows:
Shall --name of director-- Be Recalled?
A "yes" vote shall be counted as for the recall and a "no" vote shall be counted as against the recall. Only members in good standing shall be entitled to vote at such election. Such a recall shall require two-thirds affirmative vote of executed ballots received by the Secretary or President within fifteen (15) days. If the recall is successful the Board may fill the vacancy at its next meeting.
Article VII – DISCIPLINE
Section 1. The Board of Directors shall adopt procedures for arbitration and grievance. All members are bound by the arbitration and grievance procedures as adopted by the Board of Directors. The Board of Directors may, in its sole discretion, approve or disapprove any penalties recommended by an arbitration or grievance committee including but not limited to revocation of membership, suspension of membership, and monetary assessments.
Section 2. Membership may be suspended or terminated by the Board of Directors for violations of these Bylaws, Code of Ethics and/or Policies established by the Association. No member may be expelled or suspended, and no membership terminated or suspended except pursuant to a procedure which is fair and reasonable, and is carried out in good faith. No termination of membership shall be done except by a two-thirds majority vote of the Board of Directors.
Section 3. A member will not be expelled, suspended or terminated without first receiving written notice of the reasons therefor. Said written notice shall be provided to the member not less than fifteen (15) days prior to the effective date of the expulsion, suspension or termination. Not less than five (5) days prior to the effective date of the expulsion, suspension, or termination, said member shall have the opportunity to be heard before the Board of Directors, either orally or in writing. The Board of Directors are authorized to decide that the proposed expulsion, suspension, or termination should not take place, or that such action is fair and reasonable taking into consideration all the relevant facts and circumstances. Any written notice given by mail must be given by First Class or Certified Mail sent to the last address of the member shown on NAPPS’s records. A member who has been expelled or suspended, or whose membership has been terminated may be liable to NAPPS for dues, assessments, or fees as a result of obligations incurred prior to the terminating activity.
Article VIII – MEETINGS
Section 1. An annual meeting shall be held at a site chosen by the Board of Directors. Officers' reports, committee reports and any new or old business shall be discussed at the meeting.
Section 2. Board of Director meetings shall be called by the President. A Board meeting must be called within thirty (30) days if requested by three (3) members of the Board of Directors, or if petitioned for by a majority of the members. The membership shall be notified of all regularly scheduled Board of Director meetings.
Section 3. Special meetings of the Board may be held by mail or any telecommunications method. Special meetings of the board shall be held upon call of the President or at the request of three directors. All directors will be notified of special board meetings. The membership shall be notified of all Special Board of Director meetings by posting a notice of the meeting on the NAPPS homepage and by email blast to the membership at least forty-eight hours if practical prior to the Special Board of Directors meeting. The Agenda for a special board meeting will include only those topics where a timely resolution is in the best interest of NAPPS, and in which the membership is better served by not waiting until the next regular board meeting. Minutes of a special meeting shall be sent to all directors within forty-eight hours of the meeting and each director shall be required to approve or correct the minutes within twenty-four hours of receipt. Such minutes will be available to all members in the same manner as regular meetings.
Section 4. Members shall be admitted to all meetings and conferences except executive sessions and meetings of the MacDonald Award Selection Committee. Non-members may be admitted to all meetings and conferences unless disapproved by a majority of the members present. Only meetings involving the personal affairs of any individual or involving issues deemed confidential by a majority vote of the Board of Directors present may be held in executive session. If a grievance has been filed against a member, and all parties agree the matter will not be heard in executive session, the meeting and full record of the grievance shall be open to all members.
Section 5. Robert's Rules of Order shall govern the conduct of all meetings.
Article IX - BYLAW AMENDMENTS
Section 1. Proposed bylaw amendments must be submitted to the Secretary not less than sixty (60) days prior to the date of the annual meeting and published to the membership not less than thirty (30) days prior to the annual meeting. The Secretary shall cause the proposed bylaw amendments or revisions to be published to the membership in The Docket Sheet, on the NAPPS Web site and/or by other reasonable means not less than thirty (30) days prior to the annual meeting.
Section 2. The bylaws may be amended or revised by an affirmative vote of at least two-thirds of the votes cast at the annual conference.
Section 3. Bylaw amendments or revisions may be acted upon only at the time published in the conference agenda unless a majority of the membership present at that time agree to a later time for further action on them.
Section 4. The bylaws may also be amended or revised by unanimous vote of the Board of Directors.