Revision - April 2005
ARTICLE I NAME
ARTICLE II OBJECT
ARTICLE III MEMBERS
ARTICLE IV MEETINGS
ARTICLE V EXECUTIVE BOARD
ARTICLE VI REGIONAL OFFICERS
ARTICLE VII DEATH BENEFIT
ARTICLE VIII DISSOLUTION OF THE ASSOCIATION
ARTICLE IX AMENDMENTS
Section 1: Name
The name of this non-profit organization is the Montana Narcotics Officers Association, hereinafter referred to as the "Association".
Section 2: Address
The mailing address for the Association shall be so designated by the Executive Board to best assist the current treasurer during his/her term of office.
Section 1: General
The following are the purposes for which this Association has been organized:A. To educate the membership and the public on the dangers of narcotic and drug abuse.B. To benefit the public interest in the area of narcotic and drug abuse.C. To promote and foster mutual cooperation between narcotic and enforcement officers, their agencies, private industry, and the public.D. To provide a media for the exchange of ideas and the new techniques used by both criminals and investigators.E. To conduct training seminars, conferences, and research into educational methods for narcotic and drug abuse control.F. To take notice of new trends in narcotic and drug abuse.G. To provide narcotic and drug abuse information suitable for distribution to the adult and juvenile public.H. To keep the membership and the public informed of current statute changes and judicial decisions.I. To study pending and proposed legislation in the area of narcotic and drug abuse enforcement.J. To recommend, if necessary, corrective legislation that the Association considers to be in the best interest of the public in the area of substance abuse.
Section 1: General
Eligibility for membership shall be as set forth in the bylaws, and applicants for membership shall comply with and be subject to the requirements imposed by these bylawsThe Association shall have four classes of members as follows:A. REGULAR MEMBER. A member shall be any of the following persons:1) A full-time and fully-paid law enforcement officer/ peace officer, as defined by the laws of Montana; to include, all city police, deputy sheriff's, Highway patrol, fish and game, State of Montana department of justice agents.2) Sworn special agents of the United States whose primary job assignment is the enforcement of criminal statutes of the United States Code. 3) Active members of the armed forces of the United States assigned as law enforcement within the state of Montana.Members will have full voting powers on all issues presented to the membership and may hold positions on the executive board as outlined by the bylaws.
B. ASSOCIATE MEMBER. An associate member shall be any of the following persons:1) Any full-time out-of-state peace officer. 2) Montana Attorney General and criminal deputies.3) United States Attorney General, United States Attorneys and criminal assistants.4) County Attorneys of Montana counties and their criminal deputies.4) City Attorneys of Montana cities and their criminal deputies. 5) Youth and Adult Correctional Agencies, to include probation and parole officers.6) Members of the Montana Adult Protection Services and Montana Department of Family Services.7) Active members of the National Guard assigned to law enforcement or investigative activities.8) Investigative analysts of public agencies or the armed forces of the United States whose principal assignment is to assist narcotics investigators in controlled substance violation investigations.Associate members may not vote on any issue and they may not hold any position on the executive board. Associate members shall be subject to the provisions of these bylaws.
C. HONORARY LIFE MEMBERS. A lifetime member shall be any of the following persons upon nomination and approval by the Executive Board:The Executive Board, by a two-thirds vote of the members present at a regular meeting, may bestow honorary life membership on any person who by his/her efforts has assisted the Association in carrying out the purposes of the Association as listed in ARTICLE II of these by-laws.1) Nominations for honorary life membership shall be submitted to the Executive Board in writing.2) Honorary life members shall have all privileges of an associate member.3) Persons retiring from the office of President of the Association.Honorary life members shall be exempt from the payment of dues. Honorary members may not vote on any issue and they may not hold any position on the executive board. Honorary members shall be subject to the provisions of these bylaws.D. RETIRED MEMBERS. A retired member shall be any of the following persons:1) Any person who has honorably retired from law enforcement service in Montana, due to disability or having reached retirement age, may continue as a member of the Association by payment of annual dues.2) A retired member shall have all the rights and privileges of an associate member, with the exception of holding an elected office.3) No person may be a member and no member may retain their membership who has terminated his/her employment which made him/her eligible for membership, except:4) Any member in good standing who shall terminate his/her service in the classification of eligibility for membership in any manner other than by honorable retirement may continue as a member of this Association only by written approval of the Executive Board and upon the payment of annual dues. Otherwise, the membership of such person shall terminate forthwith at the time when such termination of eligibility shall occur.
Retired members may not vote on any issue and they may not hold any position on the executive board. Retired members shall be subject to the provisions of these bylaws.
Section 2: New Membership
Any prospective new member must have his/her eligibility verified by the regional officer, and be in good standing with his/her department.
Section 3: Membership Fees
All members shall pay annual membership fees as may be determined by the Executive Board and ratified by a majority vote of the member delegates present at the annual meeting.A. The membership fees are to be collected by the Treasurer.
Section 4: Termination of Membership
The Executive Board shall, following a hearing, have the power by vote of two-thirds (2/3) of the quorum of its members to suspend, deny, expel, or terminate the membership, and/or office held of any member and/or elected officer for the following reasons:A. For conduct which in the board's opinion, disturbs the order, dignity, or harmony, or impairs the good name, popularity, or prosperity of the Association.B. For any conduct in violation of the by-laws or of the permanent policies of the Association which may be made from time to time.C. The hearing policy shall be:1) Upon the initiative of any member of the Executive Board, a hearing before such board shall be called by the President.2) Such action shall not be taken by the President unless all members of the Executive Board and the accused have been notified in writing thirty (30) days prior to the hearing, that a member of the Executive Board proposes to move such action, specifying the name of the accused and the accusations made against said member.3) The accused shall have the right to appear in person.4) The proceedings of said Executive Board in such matters shall be in private session and shall be final and conclusive.
Section 1: Annual Meetings
The annual meeting of the Association shall be held within the first two months of each calendar year.A. The Executive Board will determine the time and specific location of the annual meeting.B. Advance notice of the annual meeting shall be mailed to each member of the Association by the Secretary.C. The Secretary shall also mail advance notices of the annual meetings to the department heads of law enforcement, allied agencies as deemed appropriate by the Executive Board.D. All regular members may vote at the annual business meeting.E. To help maintain a good working order of business the meeting shall be ran in a manner following the "Roberts Rules of Order".
Section 2: Special Meetings
Special meetings of the Association may be called by the Executive Board.A. No business shall be transacted at any such special meeting except that stated in the notice.B. Notice of the time and place of any such special meeting and purposes for which such meeting is to be held shall be mailed by the Secretary to each member of the Association not later than fifteen (15) days before the time of such special meeting.C. The President, Vice President, 2nd Vice President, Secretary, Treasurer, Past President, and Regional Officers shall be the voting members at all special meetings.
D. To help maintain a good working order of business the meeting shall be ran in a manner following the "Roberts Rules of Order".
Section 3: Quorum
A majority of the member delegates present at a business meeting shall constitute a quorum for the transaction of any business.
Section 4: Voting
Upon all questions the President may request a vote which may be taken verbally, by show of hands or private vote on paper.
Section 5: Procedure
When any question of parliamentary law shall arise which is not expressly provided for or implied by the by-laws of the Association, the presiding officer shall be governed in his/her decision by the provisions of " Roberts's Rules of Order".A. Any member who desires to offer a motion or resolution or to speak at any meeting of the Association, shall first rise in his/her place and address the presiding officer, announcing his/her name and office or occupation.
Section 1: General
The elected officers of the Association shall be a president, a vice president, a second vice president, a secretary, a treasurer, and Five Regional Officers who at all times shall be regular members of the Association.The appointed, non voting, officers of the Association shall be an executive director and a national Delegate, both of who shall serve until they resign, are replaced, or loose eligibility to hold office. The executive director and the national delegate have no vote on any matter before the Executive Board regardless of their membership status.The Executive Board is the administrative body for the Association.
Section 2: Qualifications
Each elected officer of the Association and candidates for office must:A. Be a regular member with not less than two years of membership in good standing in the association, andB. be in good standing with his/her employing agency.
Section 3: Progression
The President, Vice President, 2nd Vice President and Immediate Past President, shall progress through each successive position from 2nd vice president to vice president, from vice president to President, from president to Immediate past president.
Section 4: Election
The election of the 2nd vice president, Regional Officers and Secretary, Treasurer, when appropriate shall be conducted at the annual meeting. Once nominations are received a vote will be taken by means stated by the president.
Section 5: Term
The officers of the Association shall be as follows:A. All positions except the Secretary, Treasurer, National Delegate, and Executive Director shall hold office for one year unless he/she shall sooner resign, or shall be removed, or otherwise disqualified to serve. For the purposes of this section, one year shall be from the end of the annual meeting until the following annual meeting.B. The position of Secretary and Treasurer shall hold office for three years unless he/she shall sooner resign, or shall be removed, or otherwise disqualified to serve. At the end of the term, elections will be held at which time a new member will be elected or the same member may be reelected for an additional three years.C. The executive Director and National Delegate once appointed by the president shall serve until they resign, are replaced, or loose eligibility to hold office.
D. The president has the authority to fill any position, if deemed necessary, that comes open during a calendar year. The person appointed shall hold such office until the next annual meeting.
Section 6: Powers and Duties
The Executive Board shall have the following powers:A. To exercise all of the corporate powers of the Association and to supervise and control its business and affairs, subject only to the limitations and restrictions provided by law and by these by-laws.B. To approve and provide procedures for approval of applications for the membership in said Association.C. To authorize the execution of contracts and other agreements necessary to the efficient conduct of the business of the Association.D. To approve the financial budget, supervise receipts and expenditures, and set up proper procedures for the safekeeping and accounting of all funds of the Association.E. To incur indebtedness in the name of the Association for such sums as necessary for the operations and management of the Association.F. To approve in advance all expenditures or encumbrance of the Association funds.G. To fix the amount of membership dues, subject to the ratification of a majority of the member delegates present, at the annual meeting.H. To determine the time and place of meetings of the Association and such other meetings as may be sponsored by the Association.I. To authorize the creation of standing and special committees as may be recommended by the President.J. To provide for the maintenance of a complete record of the meetings of the Executive Board and of the Association.1) For the maintenance of membership records.2) For the preparation of quarterly and annual financial reports.3) For the preparation of annual activity reports of the Association.K. To adopt and amend the permanent policies of the Association and to adopt a manual of procedures which shall reflect the general policies and procedures of the Association.
Section 7: President
The President shall have the following powers and duties:A. To preside at all regular meetings of the Association and to call special meetings of the Executive Board.B. To preside at all special meetings of the Association.C. To appoint committees as deemed essential to administer the affairs of the Association.1) Committees may be made up by regular members, associate members, retired members or honorary members as appointed by the president.
2) A regular member must chair committees involving non-regular members.3) Any vacancy occurring in the membership of any committee shall be filled by appointment for the unexpired term by the president.D. To make an annual report to the membership of the Association's activities for the past year.1) The report is to be given at the annual Association training conference business meeting.E. To be ex-officio member of all the standing committees of the Association except as otherwise provided by these by-laws.F. To perform such other duties as may properly appertain to his or her office and as usually performed by a President of an organization and as provided elsewhere in these by-laws.
Section 8: Vice President
The Vice President shall have the following powers and duties:A. To preside at meetings of the Association in the absence of the President.B. To assist the President in planning affairs of the Association, subject to the advice and direction of the Executive Board.C. To perform such other duties as may properly appertain to his or her office and as usually performed by a Vice President of an organization and as provided elsewhere in these by-laws.
Section 9: 2nd Vice President
The 2nd Vice President shall have the following powers and duties:A. To preside at meetings of the Executive Board in the absence of the President and vice presidentB. To preside at meetings of the Association in the absence of the President.C. To assist the President in planning affairs of the Association, subject to the advice and direction of the Executive Board.D. To perform such other duties as may properly appertain to his or her office and as usually performed by a Vice President of an organization and as provided elsewhere in these by-laws.
Section 10: Treasurer
The Treasurer shall have the following powers and duties: A. To be responsible for the collection of membership dues and monies from other sources, and the proper maintenance of membership financial records.B. To prepare and maintain an accurate record of all current Regular members, Associate members, Honorary members and Associate members, which will include name, agency, membership status, address, and beneficiary.C. To prepare and issue, at the annual meeting, a card showing type of membership.D. To establish a formal checking account so arranged that the Treasurer, President or Vice President, together and in person, could withdraw funds.E. To establish a death benefit savings account, as described in the Death Benefit section, so arranged that only the Treasurer, President or Vice Presidents, together and in person, could withdraw funds.F. To maintain accurate accounting of all Association funds and to prepare an annual, formal statement of receipt and disbursement of all monies.G. To assure that an independent audit of all Association financial accounts and monies are conducted annually.H. To perform such other duties as may properly appertain to his or her office, as may be set forth and approved by the Executive Board and as may be provided elsewhere in these by-laws.SECTION 11 SECRETARY
The Secretary shall have the following powers and duties:A. To cooperate with and assist the President in arranging for meetings of the Executive Board, the annual training conference, and any other meetings of the membership which are deemed necessary.B. To serve as recording secretary to the Executive Board and to attend such conferences and meetings as may assist him/her in the performance of his/her duties.C. To maintain records files, and correspondence of all proceedings and publications of the Association.D. To record the proceedings of the annual meeting of the Association and to prepare and distribute a report of the meeting, to include a synopsis of major speeches, panel discussions, training conferences, etc., as may be directed by the Executive Board.E. To perform such other duties as may properly appertain to his or her office, as may be set forth and approved by the Executive Board and as may be provided elsewhere in these by-laws.SECTION 12 IMMEDIATE PAST PRESIDENT
The Immediate Past President shall have the following powers and duties:A. To assist the President in planning affairs of the Association, subject to past experience on the Executive Board.
Section 13: Executive Director
The Executive Director shall have the following powers and duties:A. To assist MNOA with Board Management.B. To assist on legislative matters on behalf of MNOA, during the bi-annual legislative sessions.C. To assist with the annual conference, provide representation for Board meetings.D. To provide guidance to the board on MNOA matters.E. Carryout duties as assigned by Executive Board of MNOA.The executive director will not be a voting member of the executive board.
Section 14: National Deligate
The National Delegate shall have the following powers and duties:A. Represent MNOA at the National Narcotic Officers Associations' Coalition (NNOAC), national meetings.B. Vote on behalf of MNOA with regards to Business conducted by NNOAC.C. Report on National meetings as they affect MNOA.D. To provide guidance to the board on MNOA matters.E. Carryout duties as assigned by Executive Board of MNOA.The national delegate will not be a voting member of the executive board.SECTION 15 REMOVAL
The removal of an executive board member may be done as follows:
A. Any elected officer of the Association may be removed from office for cause by a two-thirds (2/3) vote of the members of the Executive Board subject to ratification by a two-thirds (2/3) vote of the Association members.B. Any appointed officer of the Association may be removed from office for cause by a two-thirds (2/3) vote of the members of the Executive Board.
Section 16: Vacancies
Vacancies in the board of president, vice president, or 2nd vice president will be filled by each position moving up or filling in. The vacant position created of 2nd vice president will be filled at the next annual meeting. Other vacancies in the board will be filled by the president appointing a regular member to hold such position until the next business meeting.
Section 1: Regional Areas
The Association shall be subdivided into five areas.A. Five regional areas shall be designated by number and shall encompass the following counties of the State of Montana:1) Region I: Glacier, Toole, Liberty, Hill, Blaine, Pondera, Teton, Cascade, Chouteau, Fergus, and Judith Basin counties.2) Region II: Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Powell, Granite, and Ravalli Counties.3) Region III: Lewis & Clark, Meagher, Jefferson, Broadwater, Silverbow, Beaverhead, Madison, Gallatin, Park, Sweetgrass, and Deerlodge Counties.4) Region IV: Wheatland, Golden Valley, Stillwater, Carbon, Yellowstone, Musselshell, Big Horn, and Petroleum counties
5) Region V: Treasure, Rosebud, Custer, Powder River, Carter, Fallon, Wibaux, Prairie, Garfield, McCone, Dawson, Richland, Roosevelt, Phillips, Valley, Daniels, and Sheridan Counties.
Section 2: Regional Training
Regional Officers shall hold at least one regional training each year in their area, separate from the annual conference.
Section 3: Duties of Regional Officers
Regional Officers shall perform the following duties during their term of office:A. The Regional Officer shall:1) Preside at all training conducted on behalf of MNOA in region area.2) Plan and seek out training needs in region area, by maintaining contact with law enforcement agencies within area.
3) Notify the Association President one month in advance of any regional training as to time, place, and tentative agenda for such meetings.4) Maintain records of expenses for each training and forward all information to treasurer.5) Keep the President informed of regional plans and needs or requests from other law enforcement agencies.6) Represent the region on the Executive Board.
Section 1: Benefit
A. The membership passed a motion on February 4, 2005, which provides for a $1000.00 (one thousand-dollar) Line of Duty Death Benefit for all regular members. To this end, in 2005 the board shall deposit $2000.00 (two thousand dollars) into an account that is to be utilized for this benefit. By the month of March of each year to follow the board will add $1000.00 (one thousand dollars) to this account to be utilized for the payment of this benefit.
B. The Line of Duty Death Benefit shall cover any regular member that is killed in the line of duty, or suffers a loss of life due to an event, which resulted from the performance of a law enforcement duty.SECTION 2 BENEFICIARYA. The Line of Duty Death Benefit will be paid in a lump sum of $1000.00 (one thousand dollars) to the elected responsible party or beneficiary, as chosen by the regular member.B. The beneficiary, who is to receive the Line of Duty Death Benefit, shall be listed on the member's membership application, for the calendar year in which the payable event occurs.1) For calendar year 2005 all regular members shall be eligible for the Line of Duty Death Benefit even though a beneficiary is not named.2) The Line of Duty Death Benefit shall be a one time only payment made to the nearest living relative, spouse, or life partner as decided by the executive board.3) If not listed on latest yearly application the Line of Duty Death benefit will go to the last listed beneficiary.4) The Executive Board shall make the final determination of beneficiary for the award of benefit.SECTION 3 APPROVAL OF BENEFITS A. The Executive Board shall conduct an emergency meeting in the event that a regular member is killed in the line of duty, or suffers a loss of life due to an event, which resulted from the performance of a law enforcement duty.B. In the case of any law enforcement death an emergency meeting will be held within 10 (ten) days of the event and it will be the Executive Board's responsibility to:1) Assess membership status to ensure eligibility.
2) Determine if death event qualifies as a "line of duty" event.
3) Determine who is the eligible beneficiary.
4) Make final approval of benefit.
5) Make determination of who is to deliver the benefit.C. The delivery of the benefit shall be done as follows:1) If the beneficiary resides within the boundaries of Montana two members of the Executive Board shall deliver a check in person to the beneficiary.2) If the beneficiary lives out side of the boundaries of Montana a check shall be mailed, certified mail, along with a letter signed by the MNOA President.
Section 2: Final Rule
A. The MNOA Line of Duty Death Benefit is a benefit of membership in the MNOA and does not replace, or negate, any other benefit bestowed upon, or purchased by, any MNOA member as a part of membership of other professional law enforcement association or law enforcement employment.
B. The executive board has the right to make the determination of eligibility for the Line of Duty Death Benefit.
C. The executive board will not discriminate against any regular member due to race, gender, or sexual orientation as provided by law.
D. In the case of a catastrophic event, or an event that takes the lives of numerous members, the executive board reserves the right to decrease the benefit payment, or cease all payment of the benefit, if the result of payment of the benefit(s) exceeds the established Line of Duty Death Benefit fund.
If the Association shall be dissolved for any reason, the assets of the Association shall be used to fulfill existing financial obligations at the time of dissolution and to pay such expenses as are necessary to dissolve the Association. Any assets remaining shall be transferred to a nonprofit organization selected by the Executive Board, which has been formed for purposes substantially similar to those established in these bylaws.
By-laws may be amended in the following manner:
A. These bylaws shall be reviewed annually by the Executive Board or a bylaw committee appointed by the President.
B. The bylaw committee or any four members of the Executive Board may propose amendments to these bylaws.
C. Any proposed amendments must be submitted to the President at least one month prior to a meeting. The amendments may be changed by:
1) A two thirds (2/3) vote of regular members at the annual meeting or:
2) By two-thirds (2/3) vote of the Executive Board. If the Executive Board amends the bylaws, the changes become effective, but must be presented to the members of the Association at the next regular meeting. The bylaws must be passed by at least a two-thirds (2/3) vote of the regular members.