The Fraternal Order
of Retired Border Patrol Officers
of Retired Border Patrol Officers
A FRATERNAL ORDER OF AND FOR RETIREES OF THE U.S. BORDER PATROL AND OTHER RETIRED PERSONNEL OF THE FORMER IMMIGRATION AND NATURALIZATION SERVICE AND THE DEPARTMENT OF HOMELAND SECURITY: DEDICATED TO THE PRESERVATION OF THE FRIENDSHIPS AND THE LOYALTIES OF THOSE WONDERFUL EARLY YEARS THAT WE ALL REMEMBER SO WELL.
Chartered at Denver, Colorado October 25, 1978
BY-LAWS OF THE FRATERNAL ORDER OF
RETIRED BORDER PATROL OFFICERS
NAME, LOCATION & OFFICES
1.01 NAME. The name of this corporation is The Fraternal Order of Retired Border Patrol Officers (FORBPO). All references to the “corporation” contained herein refer to The Fraternal Order of Retired Border Patrol Officers.
1.02 PRINCIPAL OFFICE. The principal office of the corporation is located in EI Paso, Texas, with the registered Post Office address being c/o U.S. Border Patrol Museum, 4315 Woodrow Bean Trans Mountain Drive Loop 375, EI Paso, Texas, 79924. For the purpose of these By-Laws any reference to the "principal office" of the corporation shall be deemed to refer to such location as may be determined by the Board of Directors and set forth in a resolution duly adopted. The corporation may have such other offices, either within or outside the State of Texas, as the business of the corporation may require and the Board of Directors may determine.
2.01 No corporate seal shall be required. However, for ceremonial purposes, the corporation may use a seal which will be circular in form and have the words, "The Fraternal Order of Retired Border Patrol Officers" around the outer edge thereof and an outline of the United States in the center thereof, with the words "U.S. Border Patrol" overlaying the outline.
BUSINESS OF THE CORPORATION
3.01 The purpose or purposes for which the corporation is organized are to operate exclusively for fellowship, recreation and other non-profit purposes among retired officers of the United States Border Patrol.
3.02 A primary purpose of the corporation shall be to perpetuate the spirit of the United States Border Patrol, and to promote the continuance of the fellowship which existed among the members over their years of service in the Border Patrol.
3.03 The corporation shall possess all corporate powers provided by the Texas Non-Profit Corporation Act and shall be entitled to engage in any legitimate business pursuit not in contravention of the laws of the State of Texas.
4.01 FULL MEMBERSHIP. Full membership in this organization shall be granted to applicants and spouses of applicants who are both qualified veterans of the United States Border Patrol who:
1. Served honorably for a minimum of three (3) years in any Patrol Inspector or Border Patrol Agent position in the active ranks of the United States Border Patrol, and
2. At the time of application is retired from the Federal Service, and
3. Has completed an application for membership, which has been filed with and approved by a majority of the Board of Directors, or a committee established for that purpose.
4.02 ASSOCIATE MEMBERSHIP. Associate membership in this organization may be granted to applicants who qualify under any of the following associate categories:
1. Spouses of full members (other than those who qualify for full membership as noted in 4.01(1)), associate members, and honorary members in good standing, and surviving spouses of deceased officers who met eligibility requirements of Full Membership of Section 4.01.
2. An applicant who has served as an officer in the ranks of the former USINS or its successor agencies of DHS, has achieved “Career Status” (as defined in 5CFR 315.201) and who, upon retirement, will be eligible for full membership in FORBPO, and the spouse of such officer. Change to full member will be automatic upon retirement.
3. An applicant who has served honorably as an employee (non-officer) of the former USINS or its successor agencies of DHS for a minimum of ten (10) of his years in the Federal Service, and who, in the conduct of such service, demonstrated strong accord with the mission, goals and spirit of the Border Patrol and the spouse of such person.
4. An applicant who has served honorably for a minimum of ten (10) years, five (5) of which must have been in the Border Patrol, and who left the Service honorably to seek a career outside the Federal Service, and who in the pursuit of such career demonstrated strong accord with the mission, goals and spirit of the Border Patrol, and the spouse of such person.
4.03 Associate membership will be granted in the following manner:
1. Spouses of full members, associate members and honorary members will be granted associate membership automatically upon the granting of membership to their spouses.
2. Surviving spouses qualifying for associate membership will automatically be granted that status upon receipt by the membership committee of an application for membership.
3. An applicant under 4.02 above shall be granted associate membership upon approval of the application by a majority of the membership committee.
4.04 INITIAL MEMBERSHIP. Initial membership in the organization may be granted to an applicant that has successfully graduated from the U.S. Border Patrol Academy, is currently serving or has served in the U.S. Border Patrol, the former USINS or its successor agencies of DHS, and the spouse of such person.
4.05 HONORARY MEMBERSHIP. Honorary membership may be conferred upon persons ineligible for any other class of membership and who are of high moral character, distinguished merit or eminence, strongly disposed to the mission and spirit of the Border Patrol and who would lend prestige to the organization. Nominees for honorary membership must be nominated by a written summary of the background of the nominee by a full member of the organization in good standing, and accepted by a majority vote of the Board of Directors at their next meeting following the date of nomination. An honorary member shall enjoy the same rights and privileges accorded associate members.
4.06 Each full member shall be entitled to one (1) vote on each matter submitted to a vote of the members. No Initial, Associate or Honorary member shall be entitled to a vote on any matter submitted to a vote of the members except for convention locale selection. Initial, Associate and Honorary members shall have the right to attend the annual or any special meetings of the members with voice, but without vote except for convention locale selection.
4.07 Membership in this organization is not transferable or assignable.
4.08 Suspension or Expulsion of a Member for Cause; Notice; and Right to Appear.
The status of a member whose conduct or ethics brings, in the opinion of a majority of the Board of Directors, discredit to the Order, or has engaged in any misconduct as defined in Paragraph 4.08, may be suspended for a fixed and certain time period or for an indefinite time period by the majority vote of the Board of Directors at any annual or special meeting. The decision of a majority of the Board of Directors to enter a suspension order shall be final and shall not be subject to appeal. Any suspension order imposed will either expire by its own terms or may be later revoked by a majority vote of the Board.
Irrevocable and permanent expulsion of a member shall occur when passed upon by a majority vote of the Board of Directors present at any annual or special meeting, where justifiable cause exists.
The member whose conduct or ethics appear to bring discredit to the Order shall be given notice of any proceedings against him that will be brought before the Board of Directors. Such notice shall be mailed to such member, by registered or certified mail, at least two (2) weeks before the scheduled hearing of the Board of Directors.
The member whose conduct or ethics appear to bring discredit to the Order shall have the right to appear before the Board of Directors at any scheduled hearing, within two years.
4.09 Misconduct for which a Member may be Suspended or Expelled:
A. Commission of an act that reflects adversely on the member’s honesty, trustworthiness or fitness to be a member of this Order.
B. Conviction of a misdemeanor involving a crime of moral turpitude or of any felony.
C. Conduct involving dishonesty, fraud, deceit or misrepresentation.
MEETING OF MEMBERS
5.01 ANNUAL MEETING. The annual meeting of the members shall be held in conjunction with the Annual Conference (Article XI). The purpose of such annual meeting shall be the election of Officers and Directors whose terms shall have expired, and the transaction of such other business as may come before the membership. The Annual Members' Meeting shall be called to order by the President or Vice-President of the organization who shall preside as chairman of the meeting.
5.02 VOTING BY BALLOT. Voting on any question or in any election may be by voice vote unless the presiding Officer shall order that voting be by ballot.
5.03 REMOVAL OF DIRECTORS AND/OR OFFICERS. A majority of the members may, at any annual or special meeting, remove any director or officer, providing that no director or officer may be removed at a special meeting of the members unless such purpose is stated in the notice calling such special meeting. Should any director or officer be removed at a special meeting of the members, then his successor shall, at such meeting, be elected by a majority vote of the members present.
5.04 COMMERCIAL SALES AT CONFERENCE SITES. It shall be contrary to the intent of this Section of the By-Laws for any company, private individuals or FORBPO members to conduct any commercial venture or sales for profit of items or goods in the public areas within the conference site. The Board of Directors may authorize advertising only, in advance, on a specific case by case basis. Exceptions to the Rule shall be regularly established businesses or concessions operated or leased by the hotel and the Border Patrol Museum sales of raffle tickets and/or other items solely for the non-profit benefit of the Museum or FORBPO.
BOARD OF DIRECTORS
6.01 GENERAL POWERS. The business and affairs of the corporation shall be managed by its Board of Directors. The Board of Directors will elect a Chairman and such other Officers of the Board as appropriate to their needs and may adopt such rules and regulations for the conduct of their meetings and management of the business and affairs of the corporation as they may deem proper; not inconsistent with the laws of the State of Texas, the Article of Incorporation and these By-Laws. At its discretion, the Board of Directors shall cause an examination to be made of the books and records of the corporation by an accountant or other qualified person or persons to be selected by the Board of Directors at least once every five (5) years.
6.02 CHAIRMAN OF THE BOARD. The Chairman of the Board shall be the principal Executive Officer of the corporation and shall call and preside over meetings of the Board of Directors and shall also perform such other duties of the Chief Executive Officer as the Board may delegate to him. The new Chairman shall be elected by the Board of Directors at the annual meeting that ends the current Chairman’s tenure.
Any Board member nominated for the position of Chairman of the Board will have completed two (2) years as a member of the Board of Directors. The Chairman will serve as Chairman until the end of his term as Director unless removed sooner for cause by a majority vote of the Board
6.03 NUMBER, TENURE AND QUALIFICATIONS. The number of Directors of the corporation shall be no less than five (5) or more than eleven (11). In addition to the current Directors, there shall be elected one Director from the Associate Membership (non-voting). In the event that it shall be deemed necessary to increase or decrease the number of Directors, then these By-Laws shall be amended at an annual or special meeting to accomplish said purpose before any change in the number of directors shall be made. Each Director shall hold office until the next annual meeting of members or until a successor shall have been elected or qualified. SEE 6.15
6.04 REGULAR MEETINGS. A regular meeting of the Board of Directors shall be held without other notice than this By-Law before or after and at the same place as, the annual meeting of the members. All newly elected officers and newly appointed committee chairmen may attend. The Board of Directors may provide, by resolution, the time and place, either within or outside the State of Texas, for the holding of additional regular meetings without other notice than such resolution.
6.05 The Treasurer, the Editor and all Chairmen of Standing Committees, staff and special committees shall present before the Board brief oral reports on their various areas of responsibility, and such additional reports as the Chairman or President may require will be presented. Statements, appeals and complaints from the membership will be heard, and matters of general business concluded.
6.06 It shall be the responsibility of the Board of Directors to hear and rule on all duly filed appeals and complaints from the membership and to take and consider the recommendations of the Treasurer to make any changes deemed necessary in annual membership dues. The Board shall set organizational policy and provide guidance and counseling relative to the administrative functions of the President and his staff, and to all committee activities and functions, with particular emphasis on the next Annual Conference.
6.07 SPECIAL MEETINGS. Matters requiring the attention of the Board which arise during the year may be resolved by mail, e-mail or telephone, or if needed, the Chairman can call for an emergency session of the Board at any time either within or outside the State of Texas.
6.08 NOTICE. Notice of any special meeting shall be given at least ten (10) days previously thereto by written notice delivered personally or mailed to each Director at his address of record, or by e-mail. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail so addressed, with postage thereon prepaid. If notice be given by e-mail, such notice shall be deemed to be delivered when the e-mail is sent and not rejected by the server. Any Director may waive notice of any meeting. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular meeting or special meeting of the Board of Directors need be specified in the notice or waiver notice of such meeting.
6.09 QUORUM. A simple majority of the number of Directors currently in office shall constitute a quorum for the transaction of business at any meeting of the Board of Directors, provided, that if less than a majority of such number of Directors are present at said meeting, a majority of Directors present may adjourn the meeting from time to time without further notice.
6.10 MANNER OF ACTING. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors.
6.11 INFORMAL ACTION BY DIRECTORS. Unless specifically prohibited by the Articles of Incorporation of this corporation or these By-Laws, any action required to be taken at a meeting of the Board of Directors, or any other action which may be taken at a meeting of the Board of Directors may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all the directors currently in office. Any such consent signed by all the directors shall have the same effect as a unanimous vote at a meeting, and may be stated as such in any document filed.
6.12 VACANCIES. Any vacancy occurring in the Board of Directors or position to be filled by reason of an increase in the number of Directors will be filled by election at an Annual Membership Meeting or appointment by the Board to serve until the next annual meeting election.
6.13 COMPENSATION. The Board of Directors, by the affirmative vote of the majority of Directors then in office, and irrespective of any personal interest of any of its members, shall have authority to establish reasonable compensation of all Directors for services to the corporation as Directors, Officers or otherwise. By resolution of the Board of Directors, the directors may be paid their expenses, if any, for attendance at each meeting of the Board.
6.14 PRESUMPTION OF ASSENT. A Director of the corporation who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be conclusively presumed to have assented to the action taken unless his/her dissent is entered in the minutes of the meeting or unless he/she files written dissent to such action with the person acting as the Secretary of the meeting before the adjournment thereof, or shall forward such dissent by registered mail to the Secretary of the corporation immediately after the adjournment of the meeting. Such right of dissent shall not apply to a Director who voted in favor of such action.
6.15 TERM. Said Directors shall each hold office for a four (4) year term and provisions shall be made, at the discretion of the Board of Directors, for a staggering of such terms of office. A Director who is elected or appointed to fill the unexpired term of a Director who has resigned or is deceased will serve only to the end of such term even though it may be less than four (4) years. Directors may not succeed themselves.
6.16 THE EXECUTIVE COUNCIL. There may be an Executive Council established which would be advisory to the Board of Directors. Membership in the Council shall include any members, such as former Officers, whose advice and counsel, in the opinion of the Board of Directors, will be valuable to the continuing welfare of the corporation. Members of the Executive Council will have the right to sit with the Board of Directors at all regular and special meetings with voice, but without vote. The Executive Council may also perform such acts and duties as may be specifically delegated to it from time to time by the Board of Directors.
7.01 NUMBER. The Officers of the corporation shall be a President, one or more Vice-Presidents (the number thereto to be determined by the Board of Directors), a Treasurer and a Secretary. All duly elected or appointed Officers serve as concurrent voting members of the Board of Directors for the duration of their tenure as Officers. Assistant Secretaries and Treasurers, when needed, will be nominated by the President and approved by the Board. They will be non-voting members of the Board unless they are acting in the absence of the Secretary or Treasurer.
7.02 ELECTION AND TERM OF OFFICE. Full members, in good standing, may be elected or appointed, or otherwise serve as Officers or as members of the Board of Directors of the corporation. As noted in Article VI, 6.03, there may be one (non-voting) Associate Member elected to the Board. Prior to the Annual Meeting each year, the President shall appoint a Nominating Committee, composed of a Chairman and designated members, to prepare a list of candidates to be presented in nomination by the Committee Chairman. Nominations shall also be accepted by mail from any full member in good standing. Written nominations by mail must be received by the Chairman of the Nominating Committee within thirty (30) days preceding the announced date of the next Annual Meeting. Nominations may also be accepted “from the floor” at the Annual Members’ Meeting. Write-in votes shall also be accepted by the elections committee. The full slate of Officers shall be elected each year by a majority vote of the voting members present at the annual meeting. The elected Officers shall take office immediately, and may participate in any meeting of the Board of Directors to be held in conjunction with the Annual Conference.
7.03 TERM OF OFFICE. The term of the President and the Vice-President shall be two (2) years. All other officers may succeed themselves in office for so long as they continue to be re-elected by the membership. Unexpected vacancies may be filled or new offices filled by the Board of Directors to serve only until the next annual election. Each Officer shall hold office until a successor shall have been duly elected and shall have qualified, or until death or until such Officer shall have resigned or shall have been removed in the manner provided for that purpose. Election and appointment of an Officer or agent shall not of itself create contract rights.
7.04 REMOVAL. Any Officer or agent elected by the membership or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the corporation would be served, but such removal shall be without prejudice to the contract right, if any, of the person so removed.
7.05 PRESIDENT. The President shall be the principal Chief Operating Officer, exercising such powers as may be delegated by the Board or by the Chairman of the Board, and shall in general supervise and control all of the business and affairs of the corporation. The President may sign, with the Secretary or any other proper Officer of the corporation authorized by the Board of Directors, any contracts or other instrument which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these By-Laws to some other Officer or agent of the corporation, or shall be required by law to be otherwise signed and executed; and in general shall perform all duties incident to the office of President, and such other duties as may be prescribed by the Board of Directors from time to time. The President shall have authority to employ any person on behalf of the corporation and to fix their compensation.
In the absence of the Chairman of the Board, the President shall preside over the annual meeting of the Board of Directors.
7.06 VICE-PRESIDENT. In the absence of the President, or in the event of his/her inability or refusal to act, the Vice-President (or in the event there may be more than one Vice-President, the Vice-President in the order designated, or in the absence of any designation, in the order of election) shall perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon the President. Any Vice-President shall perform such other duties as may be assigned to the position from time to time by the President or by the Board of Directors
Each Standing Committee Chairman shall provide, at a minimum, a bi-annual update to the Vice President (or exceed this schedule as determined necessary by the Vice President).
7.07 TREASURER. The Treasurer shall:
A. Have charge and custody of and be responsible for all funds and securities of the corporation; receive and give receipts for monies due and payable to the corporation from any source whatsoever, and deposit all such monies in the name of the corporation in such banks, trust companies or other depositories as shall be selected in accordance with the provisions of Article VIII of these By-Laws;
B. In general perform all the duties incident to the office of Treasurer and such other duties as from time as assigned by the President or by the Board of Directors.
C. Prepare a budget for the coming year and present it before the Board of Directors at their Annual Meeting. The Treasurer will recommend whether any change in the annual dues is necessary to accomplish the budget.
** See APPENDIX 1 for additional detail
7.08 SECRETARY. The Secretary shall:
A. Keep the minutes of the meetings of the members and of the Board of Directors. As an option, the Board may decide to electronically record the minutes of the Board of Directors meetings;
B. See that all notices are duly given in accordance with the provisions of these By-Laws, or as required by law;
C. Be custodian of the corporation records;
D. Keep a register of the post office address of each member which shall be furnished to the Secretary by such member;
E. In general perform all duties incident to the office of Secretary and such other duties as from time to time as assigned by the President or by the Board of Directors.
** See APPENDIX 2 for additional detail
CONTRACTS, LOANS, CHECKS AND DEPOSITS
8.01 CONTRACTS. Contracts entered into in the ordinary course of business may be signed by the President of the corporation; provided further, however, that any contract which is executed on behalf of the corporation which is not in the ordinary course of business shall first be authorized by the Board of Directors and shall be signed by the President of the corporation. The Board of Directors may authorize by resolution any officer or officers, agent or agents to enter into any contract or execute and deliver any instrument which is in the ordinary course of business in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances.
8.02 LOANS. No loan shall be contracted on behalf of the corporation and no evidence of indebtedness; shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances.
8.03 CHECKS AND DRAFTS. All payments from corporate funds shall be made by check and may be signed by the President, the Treasurer, or by any other person duly designated by a resolution passed by the Board of Directors.
8.04 DEPOSITS. All funds of the corporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositories as the Treasurer may select subject to review by the Board of Directors.
9.01 STANDING COMMITTEES. The standing committees of this organization shall be as follows:
(1) Membership, (2) Annual Conference, (3) Legislative, (4) Webmaster, (5) Recruitment.
Each Standing Committee Chairperson will be a full voting Member of the Board, with the exception of the Legislative and Annual Conference Chairperson.
The Chairman of each Standing Committee shall provide, at a minimum, bi-annual updates to the Vice President during the calendar year between annual Conferences and will provide the Editor of The Border Line with updates for inclusion in each edition.
9.02 DUTIES AND RESPONSIBILITIES OF STANDING COMMITTEES.
A. THE MEMBERSHIP COMMITTEE, consisting of a Chairman and designated members as needed, shall review all applications for membership to determine eligibility thereof under the qualifications and established high standards set forth in these Articles. Following the decision, a notice shall be forwarded to the applicant and to the Secretary, or Board of Directors if appropriate. Where initiation or other fees accompany the application, it shall go forward for posting by the Treasurer. The Membership Chairman shall be appointed annually by the incoming President, shall be a full voting member of the Board of Directors, and will have no restrictions on the number of terms which may be served.
B. THE ANNUAL CONFERENCE COMMITTEE, consisting of a Chairman and designated members as needed, shall be responsible for producing the Annual Conference, including all planning, arranging, accommodations and facilities; and for the timely forwarding of conference announcements and schedules to The Border Line Editor and Secretary for publication and distribution, respectively. Normally, the Committee membership will be selected from among those living in the vicinity of the planned conference site in order to facilitate their activities.
C. THE LEGISLATIVE COMMITTEE, consisting of a Chairman and designated members as needed, will strive to keep the membership appraised of all legislative and other political activities of concern to the membership of this organization, and to the Border Patrol and its mission and employees.
9.03 STAFF COMMITTEES. Prior to the Annual Conference each year, the President shall appoint the following staff committees to report to the Conference: a Nominating Committee to present a list of suggested candidates for election to office and a suggested Annual Conference site for the meeting to be held three (3) years hence; an Elections Committee to oversee the annual election of Officers and Board members.
9.04 SPECIAL COMMITTEES. The President shall be empowered to appoint such special committees as deemed appropriate at any time; or on majority vote of the Board of Directors, shall appoint such committees as they direct.
10.01 LOCAL REPRESENTATION. This organization shall be represented at the local level throughout the nation by Local Representatives. Their numbers and location shall be based upon the relative numbers of members in each area as determined by the Board of Directors. Local Representatives in good standing may attend meetings of the Board of Directors with voice, but without vote.
10.02 SELECTION OF LOCAL REPRESENTATIVES. Local Representatives may be elected by the membership residing in the area of responsibility. Local Representatives may automatically succeed themselves as long as there are no opposing candidates for their position, and there shall be no limitation on the number of terms that they may serve.
10.03 RESPONSIBILITIES OF LOCAL REPRESENTATIVES. Local Representatives shall be responsible for promoting the best interests of the organization throughout each of their respective areas of responsibility; for promoting membership, encouraging the formation of local organizations and other such organization business in the local area as may be appropriate. They may furnish news items to the Border Line Editor and directory information to the Secretary and Directory Editor.
11.01 PURPOSE AND THEME. The expressed purpose of the organization shall be most nearly carried out through the Annual Conference. The theme of the conference shall invariably be "fellowship”, and the purpose thereof will simply be to provide the membership with an opportunity to renew and continue the association of earlier years.
11.02 SELECTION OF CONFERENCE LOCALE. The Conference shall be held annually; on dates decided by the membership and most advantageous to the locale chosen. The Membership shall determine the key elements to be considered when discussing and selecting the nominated locales .The location shall be the locale receiving the greatest number of votes from the membership present at the Annual General Meeting held at the Conference two (2) years prior (if possible) to the year under consideration. The Nominating Committee, appointed by the President, shall propose one locale for the consideration of the membership. Additional nominations for locales shall be accepted from the floor. Nominations will be accompanied by membership discussion on the virtues of the proposed locales. Nothing in this section is intended or implied to bar or prohibit the Board of Directors from employing for fee any professional conference planner or any professional conference service provider for conference services not customarily reimbursed by providers of conference properties and related services.
11.03 RESPONSIBILITY. The basic responsibility for producing the Annual Conference shall lie with the Chairman of the Conference Committee and his committeemen. However, nothing herein relieves the officers of the organization of their respective responsibilities relative to their regularly assigned functions.
11.04 Operational funds may not be used to cover shortfalls regarding expenses of the Annual Conference without the approval of the Board of Directors.
12.01 INITIATION FEE. The initiation fee for Full, Associate, and Initial Memberships shall be $45.00. It will be payable at the time of application and shall include the first years dues.
12.02 ANNUAL DUES
A. The annual dues for Full, Associate, Initial and Honorary Memberships shall be $40.00. Spouses and surviving spouses of members are not required to pay dues (with the exception of those that maintain individual Membership Status).
Additional dues options for regular members in good standing: A member in good standing may pay six years of annual dues for $200.00. A life dues paid membership is available. The member must have been in good standing for the previous five consecutive years. The life dues payment is a single dues payment using the following formula: Current age subtracted from 90 years of age multiplied by the current dues amount ($40) and then the total reduced by 25%.
B. Each year, the Treasurer will prepare a budget for the coming year and present it before the Board of Directors at their annual meeting. The Treasurer will recommend whether any change in the annual dues is necessary to accomplish the budget.
A. New members, having paid the initiation fee (which includes their first year’s dues), will not be required to pay their annual membership dues until their anniversary date of the following calendar year.
B. Waiver of membership dues: In the event of incapacity or indigence of an active member of any class, such member or a proxy for said member may apply to the Board of Directors for a waiver of dues payment. Upon majority vote of the Board, the dues may be waived. The Board, after consideration of circumstances may waive dues either permanently or for such period the Board determines to be appropriate under the circumstances presented.
12.04 FISCAL YEAR. The fiscal year of this organization shall commence on the first day of January and end on the last day of December each year.
12.05 PAYMENT OF DUES.
A. The annual dues of members shall become due and payable on the first day of the membership anniversary month. Payment shall be made within six (6) months. Failure to pay dues within the first six (6) month period shall place members in “inactive” status.
B. Upon failure to pay dues within nine months of the due date, the member shall be notified that he is no longer in good standing in the organization. A past Member who has not paid their dues and whose Membership was placed in “inactive status”, but wishes to be reinstated, will be charged a onetime “reactivation” fee of $5.00 plus their annual $40.00 annual dues, thus establishing a new anniversary date.
A. The Board of Directors shall pre-approve the following recurring expenditures to be paid by the Treasurer subject to post-audit:
1. Postage and stationery
2. Business and office supplies
3. Publication of the quarterly newsletter, The Border Line, and monthly charges associated with relevant software applications;
4. Publication of the perpetual Directory of Organization Members, and amendments thereto;
5. Publication of the Articles of Incorporation and By-Laws, and amendments thereto;
6. Deposits and expenses incurred by the convention committee and routine expenses for the annual conference;
7. Expenses relating to the routine website service.
8. Monthly charges for the maintenance of the FORBPO Website, membership database system
9. Annual recurring costs, e.g. liability insurance, Tax preparation (others as needed)
B. All other claims, outside of normal or recurring business expenses, and reimbursement thereof, shall require the approval of the President prior to payment.
C. All claims shall be furnished to the Treasurer in detail and with appropriate receipts for payment.
D. Corporation checks may be signed by the President or the Treasurer or by such other person or persons designated by the Board of Directors in accordance with Article VIII.
E. The Treasurer will keep detailed records of all corporation receipts and disbursements, and he shall make an annual report of same before the membership at the Annual Conference.
F. The President's auditing committee will report to the membership at the Annual Conference testifying to the correctness of the Treasurer's report, having previously conducted a complete audit of all organization accounts.
13.01 THE BORDER LINE.
- There shall be published by the Editorial Staff of the corporation a newsletter to be known as "The Border Line,” which will be published no less than three (3) times per year, and will include, at a minimum;
1. Winter Issue – published in January in support of planning the Annual Conference
2. Spring Issue – published in April providing registration reminder, overview of Conference Activities and announce FORBPO Scholarship recipient
3. Fall Issue – published in September/October to provide comprehensive coverage ofAnnual Conference and notification of FORBPO Scholarship submission in November
B. The publication shall report on all actions and activities of the corporation, pending and past, and such other matters as may be of interest and benefit to the membership, with particular emphasis on Retirement, Immigration and National Security
C.The Board of Directors may authorize advertising, in advance, on a specific case by case basis. Exceptions to the rule shall be the Border Patrol Museum sales of raffle tickets and/or other items solely for the nonprofit benefit of the Museum or FORBPO.
A. Any member of the corporation in good standing may submit material to the Editor at any time to be considered for publication.
B. In addition to the Editorial Staff, all corporate officers, committee chairmen and members, and the local representatives shall be obligated to furnish timely articles on corporation business and activities within their respective areas of responsibility.
13.03 THE EDITORIAL STAFF.
A. The Editorial Staff, consisting of an Editor, and other members as designated, shall be responsible for the timely publication and distribution of the paper.
B. The Editor shall be appointed annually by the incoming President and shall be a full voting member of the Board of Directors. There will be no restriction on the number of terms which the Editor or any designated staff member shall serve.
C. The staff shall be chosen personally by the Editor, subject to the approval of the President.
13.04 DIRECTORY OF CORPORATION MEMBERS.
A. The Directory Editor shall be appointed annually by the incoming President and shall be a full voting member of the Board of Directors, and there will be no restriction on the number of terms which may be served.
B. The staff shall be chosen personally by the Directory Editor as needed, subject to the approval of the President.
C. At least every two (2) years, there shall be published by the Directory Editor a directory containing the names, addresses, e-mail addresses and phone numbers of all members. The directory shall be issued to all members in good standing at no additional cost to the members, and shall be revised and maintained at the expense of the corporation. Corrections and additions will be printed in each issue of The Border Line for changes by the holder.
A. The Webmaster shall be appointed annually by the incoming President. He shall be a full voting member of the Board of Directors, and there will be no restriction on the number of terms which he, or any members of his staff, shall serve.
B. The Webmaster and assistants will maintain the FORBPO web site and e-mail directory. The Webmaster will be responsible for editing and forwarding correspondence of interest to members, Officers and Directors.
C. The Webmaster will maintain a current copy of these By-laws on the FORBPO web site.
D. The staff shall be chosen personally by the Webmaster as needed, subject to the approval of the President.
INDEMNIFICATION OF DIRECTORS
14.01 To the extent permitted by law, each director and officer or former directors or officers of the corporation may be indemnified, defended and held harmless by the corporation against liabilities imposed upon him or her and expenses reasonably incurred in connection with any claim made against him or her, or any action, suit or proceeding to which he or she may be a party by reason of his or her service as a director or officer, and against such sums as independent counsel, selected by the Board of Directors, shall deem reasonable payment made in settlement of any such claim, action, suit or proceeding; provided, however, that no director or officer shall be indemnified with respect to matters which shall be settled by the payment of sums which counsel for the corporation shall not deem reasonable payment or with respect to matters for which such indemnification would be against public policy.
14.02 The corporation may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the corporation against any liability asserted against him or her and incurred by them in any such capacity or arising out of their status as such, whether or not the corporation would have the power to indemnify them against such liability.
15.01 These By-Laws may be altered, amended or repealed and new By-Laws adopted at any meeting of the Board of Directors of the corporation by a majority vote of the directors present at the meeting, or at any meeting of the members by a majority vote of the members present.
Approved this date by the FORBPO Board of Directors: May 21, 2018 at Reno, Nevada