County Chief Adult Probation and Parole Officers Association
May 9, 2007; Effective January 1, 2008)
7.4 approved and effective December 12, 2008)
3 and 5.7 - approved December 9, 2011 and effective January 1, 2012
Preamble:These By-laws are established by the County Chief
Adult Probation and Parole Officers Association of Pennsylvania (Association) for the internal organization,
governance, and management of the Association and to facilitate the effective
discharge of its powers and duties.
2.1 The name of the Association shall be the County Chief Adult
Probation and Parole Officers Association of Pennsylvania and shall be
referred to hereinafter as the Association.
2.2 The Association shall be chartered and incorporated as a
domestic non-profit corporation under the laws of the Commonwealth of
2.3 The duration of the Association shall be perpetual.
2.4 The Association may solicit and receive funds and grants to aid
in carrying out its aims and purposes.
No funds shall be received without the expressed authorization of the
Executive Committee or its designated agent.
The Executive Committee authorizes an annual budget that is administered
by its designated agent.
3. Mission: It is the mission of the Association
-advance probation, parole and community corrections
-promote appropriate legislation;
-promote communication and exchange of ideas;
-stimulate high standards of training and
professionalization of personnel and agencies;
-promote the provision of quality information to
criminal justice decision makers;
-encourage the development of innovative services,
research designs, and program evaluation;
-increase public awareness and acceptance of probation,
parole and community corrections as meaningful sanctions in the prevention,
reduction and deterrence of criminal behavior. (Revision approved December 9, 2011 and effective January 1, 2012)
4.1 The Association shall charge an annual assessment to each county
in the Commonwealth of Pennsylvania that has an adult probation and parole
department as of December 31, 2006. The
annual assessment shall be used by the Association to pay the operating
expenses of the Association. The amount
of the Annual Assessment shall be determined by the Executive Committee and
shall be announced by the President to the Association by June 30th
of each Calendar Year to be effective January 1st of the following
5.1 There shall be three (3) categories
of membership as follows:
Membership - any chief probation officer/director overseeing a department that
provides probation, parole and community corrections services to adult
offenders that wishes to pay the membership dues and join the Association. The length of membership shall be for one
year, multiple years, or life in accordance with the dues structure established
by the Executive Committee. Full members have a vote at all membership meetings
and on mail ballots. Full members may
serve on committees, chair committees and run for an elected position in the Association.
For purposes of representation on the
County Probation and Parole Firearm Education and Training Commission (FETC),
the Association may recommend up to two (2) qualified Associate Members as members
of the FETC. The recommended
representative(s) shall be considered Full Members of the Association during
their term(s) on the FETC provided they are members of the Association in good
Membership (Active Employee) - any individual that wishes to pay the membership
dues and join the Association.
Individuals who might have such an interest include deputy chief probation
officers/directors, administrators, supervisors, line officers, students,
individuals in professions related to criminal justice (e.g. counseling, social
work and law enforcement) and academic professionals in the area of criminal
justice. Associate Members are not
entitled to vote or serve on the Executive Committee but are permitted to serve
on all other committees.
Membership (Retired Employee) - any retired chief probation officer/director,
who oversaw a department that provided probation, parole or community
corrections services to adult offenders, or any other retired individual who
wishes to pay membership dues and join the Association. Associate Members are
not entitled to vote or serve on the Executive Committee but are permitted to
serve on all other committees.
5.2 Application for Membership: Application for membership in the
Association shall be made on a form approved by the Executive Committee. Membership shall be available to anyone
regardless of race, creed, color, sex and in accordance with Section 5.1. The Executive Committee is authorized to
adopt, modify, and revoke such rules and regulations as it deems necessary with
reference to the membership except where specified by the By-laws.
5.3 Membership Dues: Membership dues shall be designated by
the Executive Committee annually for all categories of membership, payable
within sixty (60) days of notification
5.4 Membership Withdrawal: Members wishing to withdraw his/her
membership from the Association shall not be entitled to a refund for any
portion of the dues paid.
5.5 Failure to Pay Membership Dues: Any
member who fails to pay annual membership dues within sixty (60) days after
such dues are payable shall cease to be a member of the Association. If an Executive Committee position, elected
office, or committee position is being held by a member failing to pay dues as
required, the member forfeits the position.
5.6 Voting: There shall be one vote per
Full Member. Associate Members are not
permitted to vote unless a Full Member designates an Associate Member to cast a
proxy vote by providing written notification to the Secretary of the Association
at or prior to any membership meeting.
members of the association may appoint a proxy to vote at general membership
and special meetings provided they serve written notice at or before the
meeting to the secretary and the proxy is a full member or associate member of
the association. (Added December 9,
2011 and effective January 1, 2012)
7.1 Officers: The elected officers of the Association shall consist
of the President, the Vice President, the Secretary, the Treasurer, and three
(3) At-Large members.
Qualifications: To qualify for
elected office in the Association, the candidate must be a Full Member in good
standing, willing and able to fulfill the duties of the office for which
nominated and be willing and able to serve in the office for the length of time
necessary to fulfill the duties of the office.
Any elected officer who fails to continue to meet the qualifications or
standards of the office to which they were elected may be terminated upon
two-thirds (2/3) vote of the Association at a meeting where a quorum has been
Term of Office: Members elected to the positions of President, Vice
President, Secretary and Treasurer shall serve a two (2) year term beginning on
January 1st of the year following his/her election to the
position. No officers shall serve for
more than two (2) consecutive terms in the same office.
Members elected to the positions of
At-Large Member shall serve a three (3) year term beginning on January 1st
of the year following his/her election to the position. No officers shall serve for more that two
(2) consecutive terms in the same office.
7.4 Vacancies: When a vacancy
occurs in the Office of the President, the Vice President shall automatically
act in the capacity of the President of the Association for the balance of the
When a vacancy occurs in the
offices of the Vice President, Secretary, Treasurer of any of the three
Members-at-Large, a special election will be held within100 days of written notification
to the President that Vice President, Secretary, Treasurer or any
Member-at-Large will be unable to serve in the position. If a regularly scheduled election is
scheduled and a resignation occurs within 100 days or less of the regularly scheduled
election, then the filling of the vacated position(s) will be part of the
regularly scheduled election.
December 12, 2008)
7.5 Nominations Committee: Before
each election year, a Nominations Committee shall be appointed by the President
and approved by the Executive Committee.
The Nominations Committee shall recommend to the membership no more than
two (2) eligible candidates for each position.
The Nomination Committee is to inform the Executive Committee of the
slate 30 days before the Association members are notified. All active and
eligible voting members shall be notified of the slate of candidates 30 days
prior to the membership meeting during which elections will take place. In addition to the slate of candidates,
voting members may make nominations from the floor. The Nominations Committee
shall announce the results of the election at the membership meeting.
8.1 Place of Meetings: Meetings of the Association shall be held in State College,
Pennsylvania unless another place within the Commonwealth of Pennsylvania is
Regular Meetings: Regular scheduled meetings will normally be held every
three (3) months, with a minimum of three (3) meetings per year. At the first membership meeting following
the election, the newly elected officers shall be installed. The Executive Committee
will establish the agenda for each regular meeting of the Association and the Secretary/Executive
Director shall give notice of the agenda to the Association Members and
Associate Members prior to the meeting.
Special Meetings: Special meetings of the Association may be called for any
purpose by the President with the approval of a majority of the Executive
Committee or upon written request to the President by a majority of members
present at a regular scheduled meeting.
Executive Committee Meetings: Regular scheduled meetings of the Executive
Committee will be held prior to the regular scheduled membership meetings. Special
meetings of the Executive Committee may be called for any purpose by the
Quorum: Quorums for the Association membership meetings will require a
simple majority of the total number of voting members present.
8.6 Voting Conflicts: Any member of the
Association who, by voting, would be voting on a matter that would result in a
conflict of interest, shall abstain from voting on such matter, refrain from
participating in any discussions concerning such matter, and, prior to the vote
being taken on such matter, publicly announce and disclose the nature of his or
her interest as a matter of public record.
Rules of Order: Meetings of the Association shall be conducted in
accordance with Roberts Rules of Order for Parliamentary Proceedings.
Minutes of Meetings: Written minutes shall be kept of each open meeting
and, after approval by the Association, shall be made a available for public
inspection and copying. Audio tape
recordings of open meetings may be made solely for the purpose of facilitating
the preparation of written minutes.
Such tape recordings shall be retained only until the Association
approves the minutes to which they relate.
Thereafter, the audio tape recording shall be destroyed.
Committees: The Association shall establish standing or special
committees as may be necessary to carry out its functions. Each committee shall consist of such number
of members as the President shall determine and the President shall appoint the
chair and designate the other members of the committee. All Full Members and Associate
Members are eligible to participate in standing or special committee
deliberations but the offering of motions and voting on standing or special
committee business shall be confined to committee members. A majority of the members of a standing or
special committee shall constitute a quorum for the transaction of
business. The President of the
Association shall be an ex officio member
of all standing or special committees and shall have the authority to vote on
any or all standing or special committee business. The following standing committees are established:
Program Committee - responsible for scheduling educational presentations on
pertinent topics at general business meetings and the annual conference;
Legislative Committee - responsible for gathering and disseminating timely
and relevant legislative issues to the membership;
Standards Committee - responsible for periodically reviewing current
standards in adult probation, parole and community corrections and making
recommendations to the general membership;
Training Committee - responsible
for reviewing data pertinent to all training concerns in conjunction with adult
probation, parole and community corrections and making recommendations to the
Inter-County Transfer Committee - responsible for the development of
recommendations and policies regarding the transfer of supervision of adult
offenders between counties in the Commonwealth;
Firearms Committee - responsible
for advising and making recommendations to the County Probation and Parole
Officers Firearm and Education Training Commission;
By-Laws Committee - responsible for reviewing and maintaining the by-laws
of the Association.
10.1 President - the President shall be the presiding officer of the
Association. The President shall be an ex-officio member of all committees
except the Nominations committee.
Vice President - the Vice President shall assume the responsibilities of
the President in the absence of the President.
He/she shall assume whatever duties are assigned by the President.
Secretary - the Secretary shall be responsible for oversight of all records
of the Association with the exception of financial and membership records and
shall insure the proper maintenance of the records of all official meetings of
the general membership and the Executive Committee. He/she shall insure issuance of special and regular meeting
notices and act upon all communications as directed by the President. The Secretary is to insure that the general
membership is provided with written copies of resolutions and by-law amendments
adopted by the Association.
Secretarys duties at special or general membership meetings include: (a)
reading minutes, any letters received and the text of motions; (b) recording
motions and amendments, and; (c) drafting minutes of meetings.
Treasurer - The Treasurer is entrusted with the custody of the
Associations funds and shall be responsible for insuring the maintenance of
all financial records of the Association. The Treasurer shall insure the
preparation of an Annual Financial Report, dated as of December 31st,
and other financial reports as directed by the Executive Committee, and shall
insure the submission of all financial records for an annual audit. This report will include all information
related to sources of funds including other sources of funding such as grants,
At-Large Members - there shall be three (3) At-Large members who are
responsible for assisting and advising the Executive Committee.
11.1 Appointment - the Executive Committee, with the approval of the
general membership of the Association, may establish a position of Executive
Director to assist in the conducting of business of the Association. The Executive Director shall be an
independent contractor responsible to the President and the Executive Committee
of the Association.
Duties - the duties of the Executive Director shall include, but not be
limited to, assisting the President and Executive Committee in planning,
budgeting, organizing and directing the Association.
Amendments to the By-Laws may be proposed to the By-Laws Committee by the
general membership of the Association in writing. The By-Laws Committee will submit the amended By-Laws to the
Executive Committee for their consideration.
The Executive Committee then presents the proposed amendments to the
general membership at the next membership meeting.
12.2 Voting on Amendments - Any
amendments to the By-Laws must be voted on at a membership meeting and shall
require two-thirds (2/3) majority of those present and voting. The effective date of the amendment shall be
contained in the amendment. The vote of
the members is binding on the Executive Committee. Notification of the passed amendment(s) will be disseminated to
the Association members and associate members.
13.1 Immunity of Officers - any officer of this Association, to the
fullest extent permitted by law, shall have absolute immunity from civil
liability, damages or any other relief for any action taken or statement made
in connection with the activities described in these Bylaws while acting as an
officer of this Association.
(a) The above shall not apply if the officer has breached or failed to
perform his duties as outlined in section 10, and
13.1 (b) The breach or failure that eliminates the officers
immunity entails self-dealing, willful misconduct or recklessness.
(c) No officer of this Association shall have immunity for actions taken in
violation of a criminal statute.
13.1 (d) No officer of this Association shall have immunity for
failure to pay any taxes required by law.
13.2 - Indemnification of Officers - All persons who are or were officers of the
Association shall be indemnified by the Association to the fullest extent
permitted by law. The Association shall
indemnify its officers against all expenses and liabilities reasonably incurred
by or imposed on them in connection with any proceedings to which they have
been or may be made parties, or any proceedings in which they may become
involved by reason of being or having been an officer of the Association, even
if no longer in the position that gave rise to the expense or liability.