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BY-LAWS OF THE MIDWEST ASSOCIATION OF

TECHNICAL  ACCIDENT INVESTIGATORS

Amended December 21, 2011 Marlan Hohnstein, President Jeffery Pettis, Vice-President

Gregory L. Vandenberg, Secretary/Treasurer BOARD OF DIRECTORS

Jeffery Pettis

Duane Meyers

Timothy Schoolmaster

Marlan Hohnstein

Amy Stein

Ray Knight

Darren Budd

Don Schmalzbauer

Leonard Szmurlo

 

 

Mike Adams, Founding Director

 

 
   

 

 

 

 

MIDWEST ASSOCIATION OF  TECHNICAL ACCIDENT INVESTIGATORS 


BY-LAWS 

 

We, the undersigned, for the purpose of forming an Association pursuant to the provisions of Internal Revenue Code Section 501(c)(6) do hereby adopt the following by-laws:

 

 

ARTICLE I. NAME 

 

The name of this organization shall be the "Midwest Association of Technical Accident Investigators", hereafter referred to as MATAI.

 

 

ARTICLE Il.  OBJECTIVE 

 

  1. To provide a professional affiliation for individuals who have a primary interest in the technical aspects of motor vehicle traffic collisions.

 

  1. To provide a forum for the exchange of information and ideas to improve investigative techniques and procedures.

 

 

ARTICLE III. DIRECTORS 

 

  1. Organization
    1. The governing body of MATAI shall be the Board of Directors.
    2. The Board of Directors shall consist of nine (9) members, who shall be elected from within MATAI.
    3. Officers: The officers ofMATAI shall be the President, Vice-President, and Secretary/Treasurer.

 

  1. Duties
    1. The Board of Directors ofMATAI shall be charged with the general management of its affairs.
    2. The Board of Directors shall elect a President, Vice-President, and a Secretary/Treasurer from within the Board.
    3. The Board of Directors shall have the ultimate authority to approve, restrict, or expel any member for cause based upon the recommendation of the Membership and Ethics Committee.
    4. The Board of Directors shall have the authority to handle the financial affairs of MATAI.
    5. The Board of Directors shall have the authority to establish various classes of membership.
    6. The Board of Directors shall be required to have a meeting at least one (1) time per year prior to the general business meeting of MATAI.

 

  1. Meetings of the Board of Directors
    1. Meetings of the Board of Directors shall be held at such times deemed necessary by the President.
    2. In the interest of saving both time and money, meetings may be held by the use of a conference call.
    3. Five (5) members of the Board of Directors shall constitute a quorum for the transaction of business.

 

  1. Election of Board of Directors
    1. The number of Directors shall be nine (9). The Directors shall be elected for three (3) year terms. Terms will begin immediately after election. The election process will be as follows:

a)    Any member, in good standing, may nominate another, in writing, to the President of the Association, no later than September 1 of the current year.

b)    The President and/or Secretary will then notify the member of their nomination, in writing, no later than September 15 of the same year.

c)     The nominee will then notify the President, in writing, as to acceptance or declination of the nomination no later than October 1 of the same year. If the nominee accepts the nomination, he/she would provide a biography to the Board no later than November 15 of the same year. The accepted nomination and accompanying biography shall then be posted on the MATAI website or otherwise be made available for review by the members. The election will be held at the annual MATAI Conference. The election ballot will be part of the Conference Check-in Packet.  In the event a member will not be able to attend the annual Conference, he/she may request, in writing to the Secretary/Treasurer, an absentee ballot.


The absentee ballot will be returned to the Secretary/Treasurer no later than May 1 of the election year, to be counted as valid. All ballots will be counted by three (3) members of the Board of Directors, appointed by the President. The three (3) members will not include the members of the Board that are involved as candidates in this election. Election results will then be announced during the Membership Business Meeting of the Conference.

In the event there is not a sufficient number of nominees by the October 15 acceptance deadline, the Board of Directors reserves the right to: 1) Select a nomination committee to seek candidates. The committee will be comprised of both Directors and Members as directed by the President; and/or 2) Conduct a nomination/election process during the Conference business meeting.

  1. In the event two (2) or more people from the same entity or organization are nominated and elected to the Board of Directors, the one with the most votes shall serve the term elected to and the other(s) will not be eligible to serve.
  2. If the office of any Director becomes vacant, the remaining Directors shall choose a successor who shall hold the office for the remainder of the term of the replaced Director.
  3. The Founding Director ofMATAI shall serve as an ex-officio member of the Board of Directors. The presence of the Founding Director shall not count towards the number of members of the Board of Directors necessary for a quorum.

 

  1. Compensation
    1. The members of the Board of Directors shall not receive compensation for their services provided to MATAI.
    2. Members of the Board of Directors may be reimbursed for expenses incurred in the duties and functions for MATAI.

 

  1. Indemnification of Directors
    1. Each Director and officer of MATAI who is in office shall be indemnified by MATAI against reasonable costs and expenses including attorney fees incurred by them in connection with any action, suit, or proceeding to which they may be a party by reason of their having been a Director or officer in MATAI, except matters where they shall finally be adjudged or have entered their

consent in such action, suits, or proceedings to have been derelict in the performance of their duties as a Director or officer. He foregoing right of indemnification shall not be exclusive of other rights to which they shall be entitled as a matter of law.

 

 

  1. President of the Board
    1. The President of the Board shall be the Chief Executive Officer of MATAI and shall preside at all meetings of the members and Board of Directors. The President shall have management of the business of MATAI, 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. The President, together with the Secretary/Treasurer, shall execute all contracts or instruments ofMATAI and shall have such other powers and perform such other duties that the Board of Directors may prescribe.

 

  1. Vice-President of the Board
    1. The Vice-President of the Board shall assume the duties and responsibilities of the President in his/her absence and perform other duties as prescribed by the Board of Directors.

 

  1. Secretary/ Treasurer
    1. The Secretary/Treasurer shall attend all meetings of the Board of Directors and of the general membership. The Secretary/Treasurer shall record all votes and the minutes of all proceedings of those meetings. He/She shall keep a record of the membership of MATAI. He/She shall give notice of all meetings when required to do so.
    2. The Secretary/Treasurer shall keep or supervise the keeping of full and accurate accounts of receipts and disbursements in books belonging to MATAI and shall deposit all monies, securities, and other valuable effects of MATAI in such depositories as may be designated by the Board of Directors. He/She shall perform all other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he/she shall act.

 

  1. The Board of Directors may remove, with cause, any officer elected or appointed by the Board by a majority vote of the full board.
    1. Other officers may be appointed by the Board of Directors as deemed necessary.

 

  1. The Association's Board of Directors will elect the following officers from within the current active Board of Directors:
    1. President
    2. Vice-President
      1. Executive Secretary/ Treasurer (*appointed, need not be an elected Board member)
      2. Any other such officer as needed (i.e. Asst. Vice-President) Terms of officers will also be selected at the time of election.

 

 

ARTICLE IV. MEMBERSHIP 

 

  1. Active members at the time of the first annual meeting in 1988 will be recognized as Charter Members of the Association.

 

  1. Any individual applying for active membership must meet the following requirements:
    1. Applicants must have successfully completed a recognized Technical Accident  Investigation  Course, or its equivalen,t or
    2. Applicants must have successfully completed an Advanced Course and have at least one (1) year of experience in the area of accident investigation and must provide a copy of an investigation he/she has completed during the past year, including a scale diagram, and
      1. Complete the Application for Membership form.
      2. Applications for Membership are to be approved by the Membership Committee.

 

  1. Any individual applying for Associate Membership must meet the following requirements:
    1. The individual must be involved in a field related to accident investigation/reconstruction.
    2. 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.
    3. The individual must obtain a sponsor who is an Active Member in good standing. The sponsor must submit, in writing, a letter to the Board of Directors, through the Secretary/Treasurer, recommending the individual

for membership. Such letter will include reasons why the individual should be granted Associate Membership.

 

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

 

  1. Classifications of Members
    1. Active Members: Individuals who have met the qualifications as set forth in Article IV, Sections A and B, and are not in arrears of any fees or dues.
      1. Associate Members: Individuals who have met the requirements set forth in Article IV, Section C, and are not in arrears of any fees or dues. Such Associate Members shall have no vote on matters before the membership nor shall such Associate Members hold any office of the Association.
      2. 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 put before the membership nor shall such Honorary Members hold any office of the Association. The term of the Honorary Membership shall be for a period of one year, unless specifically designated longer or shorter by the entire Board of Directors.

 

  1. Eligibility
    1. Eligibility for membership, in any case, is subject to the approval of the Board of Directors.

 

  1. Membership Cards
    1. Each Active Member shall be issued an annual membership card indicating such person is currently an Active Member in good standing. The card is subject to cancellation under Association By-Laws.
    2. Each Associate Member shall be issued an annual membership card indicating such person is currently an Associate Member in good standing. The card is subject to cancellation under Association By-Laws.
    3. Each Honorary Member shall be issued an Honorary Member Membership Card, indicating such person is to be an Honorary Member.

The membership card will also be issued annually as directed by the Board of Directors. Such Honorary Member is subject to the By-Laws of the Association.


 

 

 

 

ARTICLE V. FINANCES

 

A.                 Fiscal Year

  1. The Association shall begin operations as of June 1, 1986, and operate on a fiscal year ending May 31. As of January 1, 2012 the Association shall adjust the fiscal year to coincide with the calendar year, January 1 through December 31.

 

  1. Deposits
    1. 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.

 

  1. Signature of Legal Documents and Checks
    1. All evidence of indebtedness and other legal documents, including contracts, conveyances, mortgages, etc., shall be signed by the President, Secretary, or by such officer or officers as may be designated by resolution of the Board of Directors.

 

  1. Obligations of Members
    1. Any member's obligation to the Association or to its creditors shall be limited to any sums due or owed the Association by such member.

 

  1. Dissolution
    1. The interest of each member in the funds, investments, and other assets of the Association, the membership 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 the 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 organizations 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 VI. FEES 

 

  1. The Board of Directors may establish a schedule of initiation or administrative fees and annual dues for members and/or applicants as it may deem necessary.
    1. Membership to run concurrent with the fiscal year, January 1 through December 31.
    2. Annual Membership Dues will be determined by the Board of Directors.
      1. A one time processing fee of $10.00 is to be submitted with application to help cover costs of Membership Committee (i.e. telephone, postage, etc.).
      2. The Association shall not afford pecuniary gain, incidental or otherwise, to its members.
      3. Payment of annual dues as established by the Board of Directors shall be a prerequisite for continued membership in MATAI. Failure to pay annual dues shall be cause for termination of membership from MATAI.

 

 

ARTICLE  VII.   GENERAL  BUSINESS MEETINGS

 

  1. A general business meeting shall be held at the annual conference and/or training seminar. Each member shall be notified of the time and place of the general business meeting if held at a time other than during the annual conference or training seminar.

 

  1. Voting
    1. Each Active Member of MATAI shall have one (1) vote on each issue presented at the meeting.
      1. Associate and Honorary Members shall have no voting privileges.
      2. All issues shall be decided by a simple majority vote.

 

  1. A quorum shall be constituted by twenty percent (20%) of the voting membership.

 

  1. At general meetings ofMATAI, members shall have all the privileges of the floor, the right to introduce motions and resolutions, and to participate in other general business at such meetings.

 

 

 

 


ARTICLE VIII. SEMINARS

 

A.        An educational seminar shall be conducted in conjunction with the annual general business meeting. Educational seminars may be conducted at such times and places as deemed by the Board of Directors to be necessary for the educational enhancement of the members.

 

ARTICLE IX. DISCIPLINE

 

  1. Any member of the Association who conducts him/herself in any manner so as to bring disgrace or discredit to him/herself or to the Association shall have his/her membership terminated, at the discretion of the Board of Directors.

 

  1. Unacceptable conduct shall include, but not belimited to:
    1. Perjury
    2. Willful and wanton misuse of the laws of physics and equations that are used in accident reconstruction.
    3. Deliberate concealment or destruction of evidence in any particular case.

 

  1. Accusations made during cross examination shall not constitute proof of wrong doing.

 

  1. Any person accused of misconduct has the right to a hearing by at least three (3) members of the Association as follows:
  2. One (1) member picked by the President of the Association.
  3. One (1) member picked by the accused.
  4. One (1) member picked and agreeable to both parties.

 

  1. The hearing shall be held in a place and time offering the least inconvenience and expense to everyone concerned. The three (3) member panel shall have their expenses paid by the Association.

 

  1. Non-payment of annual dues by the deadline shall constitute grounds for termination of membership in this Association.

 

ARTICLE X. AMENDMENT OF BY-LAWS

 

  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.

 

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

 

 

ARTICLE XI. MISCELLANEOUS

 

  1. Employees
    1. 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.

 

  1. Notices
    1. Whenever, under 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. Notice may be made, by U.S. mail, addressed to such member, Director, or Officer, at the last address on file with the Association, or by electronic communication, or by posting a general notice on the Association's website.

 

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

 

  1. MATAl Auxiliary
    1. The Association hereby authorizes the formation of an Auxiliary comprised of spouses of the members.

 

CERTIFICATION 

 

 

This is to certify that all of the updated/amended By-Laws for the Midwest Association of Technical Accident Investigators were approved by the Board of Directors on December 21, 2011. Any amendments up to and including the date of December 21, 2011 have been approved by a majority vote of the Board of Directors as constituted, and such amendments become effective sixty (60) days from December 21, 2011, and then only if such amendments are not disagreed with, in writing, by twenty percent (20%) of the total membership prior to the deadline.