NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
ORGANIZED – JANUARY 1, 1990
ADOPTED – AUGUST 15, 1991
REVISED – MARCH 30, 2006, MARCH 6, 2013,
MARCH 4, 2015, APRIL 15, 2016, December 14, 2020
ARTICLE I – NAME AND SERVICE AREA PURPOSES
Section 1: Name
This Organization shall be known as the New York Metropolitan Chapter of the American Public Works Association.
Section 2: Chapter Area
The Chapter shall serve the Southeastern Counties of New York State as follows:
Dutchess County, Nassau County, Orange County, Putnam County, Rockland County, Sullivan County, Ulster County, Westchester County, Suffolk County and the New York City Counties of The Bronx, Brooklyn, Manhattan, Queens and Staten Island.
Section 2A: Branch Area
The Chapter shall consist of three (3) Branch areas. Each named and serving the following Counties:
- New York City Branch – Counties of The Bronx, Brooklyn, Manhattan, Queens and Staten Island
- Long Island Branch – Nassau County and Suffolk County.
- Southeastern New York Branch – Dutchess County, Orange County, Putnam County, Rockland County, Sullivan County, Ulster County and Westchester County.
Section 3: Purposes
The purposes of this Chapter and its Branches shall be the advancement of the theory and practice of the design, construction, maintenance, administration and operation of public works facilities and services; the dissemination of information and experience upon the promotion of improved practices in public works administration; the encouragement of the adherence by public works officials to a high professional standard; and the
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
professional and social improvement of its members, as set forth in the constitution of the American Public Works Association.
Section 4: Nonprofit Status
The promotion of declared purposes of the Chapter shall be at all times be carried on subject to the following conditions and limitations:
- No part of the assets or net earnings of the Chapter shall insure to the benefit of any private corporation shareholder or individual.
- The Chapter shall not carry on propaganda or otherwise attempt to influence legislation, shall not participate in or intervene in any political campaign in behalf of any candidate for public office, and shall not allow any of its fund or property to be used for such prohibited purposes.
- None of the Chapter’s fund shall be loaned to any of its officers of members nor shall the Chapter engage in any other transaction with its officers or members, which may result in any diversion of the Chapter’s funds.
- The Chapter shall not accept any gift or grant subject to any condition imposed by the donor, which is inconsistent with the enumerated purposes and powers.
- No member of the Chapter shall be entitled to any distributive share of its assets and in the event of dissolution, its assets remaining after payment of its just debts, shall be remitted to the National Office of the American Public Works Association.
ARTICLE II – MEMBERSHIP
Section 1: Regular Members
Members of the National American Public Works Association, in good standing, residing within the Chapter area (Article I, Section 2) shall be members of the Chapter. Good standing and type of membership shall be determined by National Headquarters.
Section 1A: Branch Members
Members of the New York Metropolitan Chapter, in good standing residing within the Branch area (Article I, Section 2A) shall be members of the Branch. Good standing and type of membership shall be determined by the Chapter.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
Section 2: Resignation and Expulsion
Any member of the Chapter, in good standing, may resign, in that status, by written request to the Chapter Executive Board. Any member not in good standing as established by National Headquarters or who is in violation of the bylaws as determined by the Chapter Executive Board will be expelled from membership. National Headquarters will be notified of any resignations and expulsions.
ARTICLE III – GOVERNING BODY
Section 1: Executive Committee
Executive Committee herein called the Executive Board. The governing body of the Chapter shall be an Executive Board of nine members. The Executive Board shall consist of the President, Vice-President, Secretary, Treasurer, Delegate, and two members from each Branch, herein called Board members.
Section 2: Officers
The officers of the Chapter shall be a President, a Vice-President, a Secretary, and a Treasurer.
Section 3: Term
The officers shall serve a term of one (1) year. Board members shall serve a term of two (2) years. One being elected each year by the Branch represented. The Delegate shall serve a term of three (3) years.
Section 3A: Additional Term
The Executive Board Members may succeed themselves to additional terms.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
Section 4: Qualifications – Subdivision
- Each member of the Executive Board shall be a member, in good standing of the Chapter, Branch, and the American Public Works Association at the time of his election and during his tenure in office.
- Officers, in addition to Sub Division A, officers of the Chapter shall serve at least one year as a Chapter Board member.
- Board Members: In addition to Sub Division A. Board Member shall be an
officer of the Branch or a member of the American Public Works Association
for five (5) years.
Section 5: Removal from Office
In the event that an Executive Board member moves from the Chapter area, fails to meet APWA membership requirements, falls from good standing, or fails to attend a minimum of 50% of the Executive Board meetings, the member may be removed from office by action of the Executive Board. A member of the Executive Board may request in writing, resignation from the Executive Board.
Section 6: Vacancies
In the event of a vacancy on the Executive Board, the remaining board members will appoint a replacement in accordance with the bylaws (Article III, Section 4)
Section 7: Quorum
Five (5) members of the Executive Board will constitute a quorum. Two (2) officers must be part of the quorum.
Section 8: Rules Governing Chapters
The Executive Committee shall manage all the affairs of the Chapter in accordance with the rules and regulations of APWA and the “Rules Governing Chapters of the American Public Works Association.”
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
Section 9: Outside Services
The Executive Committee shall have the power to contract with an individual or firm to provide administrative or other services and whose duties and compensation shall be as specified by the Executive Committee in an approved and executed contract that shall have been previously approved by APWA.
ARTICLE IV
Section 1: Executive Board
- The Executive Board shall manage all the affairs of the Chapter and its Branches subject to the rules and regulations of the Board of Directors of the American Public Works Association under its constitution, and the bylaws of the Chapter and subject to such instructions as shall have been voted by the Chapter at General Membership Meetings.
- The Executive Board shall have no power to create, or to authorize, any liabilities against the American Public Works Association except with the specific and formal delegation of authority in each instance by the Board of Directors of the American Public Works Association.
- The Executive Board shall approve an annual budget and subsequent changes therein as prepared and submitted by the President.
- The Executive Board shall be required to approve all expenditures.
- The Executive Board shall cause an annual audit of the accounts of the Treasurer to be made and the results thereof be reported to the Executive Board at the Annual Meeting.
Section 2: The President
The President shall be the Chief Executive officer of the Chapter. He shall preside at all meetings and shall be Chairman of the Executive Board. He shall appoint all committees, standing and special, and be an ex-officio member of each committee. He shall see that these committees function and shall cooperate with the committee chairman to that end. He shall perform such other duties as may from time to time be assigned to him by the Executive Board.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
Section 3: The Vice-President
The Vice-President shall have, exercise and discharge the functions, powers and duties of the President in the event of the absence or disability of the President and such other duties as may be assigned by the Executive Board.
Section 4: Secretary
The Secretary shall keep all records and conduct all correspondence of the Chapter. He shall take and preserve minutes of the actions of the Executive Board and of the membership meetings. He shall prepare and submit to the American Public Works Association such reports as may be required. He shall prepare and send meeting notices to the Executive Board and general membership as prescribed within the bylaws. He shall maintain an accurate membership listing of current members. In consultation with the President prepare and distribute the agenda for all meetings of the Executive Board and general membership.
Section 5: Treasurer
The Treasurer shall collect and receive all monies and fees due the Chapter. He shall deposit same in an account, in the name of the Chapter, in a financial institute, designated by the Executive Board. He shall make all disbursements for the Chapter as directed by the Executive Board. He shall maintain a current financial statement at all times reporting same, in writing, at each Executive Board meeting. He shall prepare and submit any and all financial reports required by National Headquarters. He shall obtain a bond in the amount determined by the Executive Board. Cost of said bond to be borne by the Chapter; He shall obtain year-end financial reports from all branches.
Section 6: Board Members
Board members will be voting members of the Executive Board. They may act as officers in the absence of same and perform other duties as assigned by the Executive Board.
Section 7: Delegate
The Delegate will be a voting member of the Executive Board. The Delegate may act as an officer in the absence of it and perform other duties as assigned by the Executive Board.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
ARTICLE V – MEETINGS
Section 1: Executive Board meeting
The Executive Board will convene a minimum of six (6) times per year during the months of January, March, May, July, October and December.
1A: Special Meeting
Special Meetings may be called by the President or by three members of the Executive Board submitting a written petition to the Secretary.
Section 2: Membership Meeting
The membership will convene annually during the 4th quarter of the year. The 4th quarter of the year meeting is herein designated as the Annual meeting.
2A: Special Meeting
Special Meetings of the membership may be called by the Executive Board. Requests for special meetings may be made by ten (10) members submitting a written petition to the Executive Board.
2B: Quorum
Fifteen (15) members shall constitute a quorum at any General Membership Meeting.
Section 3: Notification
The Secretary shall notify the members of all membership meetings two (2) weeks prior to the meeting. The notification shall indicate time, date and place as determined by the Executive Board and the Agenda for the meeting. The Secretary shall also notify the Executive Board of all its meeting two (2) weeks prior to the meeting. The notification shall indicate time, date and place as determined by the President and the meeting agenda. Special meetings of the Executive Board must be held within two weeks of the filing date with the Secretary. The Executive Board members must receive the notice a minimum of three (3) days prior to the meeting date.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
Section 4: Rules of Order
Robert’s Rules of Order will prevail at all Chapter meetings.
ARTICLE VI – DUES
Section 1: Regular Members
Part of the annual service fee paid by the member or the member’s agency to National Headquarters as assigned by the Board of Directors to the Chapter shall be considered Annual Chapter Dues. In turn the Chapter will assign a part of their national assignment to the Branches based on their per capita membership as determined from the National roster. The assignment per member is to be established by the Chapter Executive Board.
ARTICLE VII – ELECTIONS
Section 1: Time of Elections
The election of Chapter officers will be held annually at the Chapter’s Annual Meeting. All regular members of the Chapter, in good standing, and present at the meeting will be eligible to vote. Eligibility will be determined by presentation, by the member, of his current membership card. Election will be by majority vote.
Section 2: Nominations
The Nominating Committee will submit the names of qualified candidates for Chapter offices to the Executive Board, in writing, at the Executive’s Board October meeting. The Nominating Committee’s report will be submitted to the membership as part of the Annual Meeting notice. Additional nominations of qualified candidates may be made from the floor by any regular member present and voting.
Section 3: Board Members
Board members are to be elected by the Branch they represent and ratified by the Chapter membership. Branch election results are to be presented to the Chapter Secretary by October 1st for incorporation in the Annual Meeting notice.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
Section 4: Ballots
Balloting is to be by voice vote or show of hands vote. Paper ballots may be requested by a ten (10)-member petition to the Secretary or by a majority show of hands vote of the members present. In the event of affirmative action for paper ballots, tellers will be appointed to distribute, collect and tally the ballots.
ARTICLE VIII – CHAPTER DELEGATE/COUNCIL OF CHAPTERS
Section 1: Chapter Delegate/Executive Board
The Chapter Delegate will be an appointed position of the Chapter Executive Board. The Delegate will be a voting member of the Executive Board.
Section 2: Duties of Chapter Delegate
The Chapter Delegate is to provide liaison between the Chapter and the American Public Works Association, Board of Directors. He is obligated to attend any and all Council of Chapters meetings, report the actions of Delegate meetings to the Metro Chapter Executive Board and convey all actions and concerns of the Metro Chapter Executive Board to the Council of Chapters, as required.
Section 3: Term of Office
The Chapter Delegate will be appointed for a term of three (3) years. The Delegate will be appointed by the President and ratified by majority vote of the Executive Board at the Chapter Organizational meeting consistent with the expiration of the Delegate term. The Delegate may succeed himself to additional terms.
Section 4: Alternate Delegate
The Executive Board will appoint one representative as an Alternate Delegate to perform the duties of the Delegate in his absences. The alternate Delegate will have a voice, but NO VOTE on all matters discussed by the Executive Board. The Alternate Delegate will have the same responsibility as the Delegate while acting as such. The Alternate Delegate need not be more than an annual appointment.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
ARTICLE IX – ADVISORY COUNCIL
Section 1: Advisory Council
The Advisory Council will consist of all the Past Presidents, in good standing, residing within the Chapter area, employed in, or retired from, public works related fields. The Chairman of the Council will be the most recent Past President.
Section 2: Duties
Advisory Council will act as advisors to the Executive Board on matters involving membership and/or Association. They may attend all Executive Board meetings, in that capacity. The members will have voice in the Executive Board proceedings. The Advisory Council will attend the annual meeting and any other meetings the Executive Board will deem necessary.
Section 2A: Nominating Committee
The Advisory Council will act as the Chapter Nominating Committee. They shall screen all qualified candidates in accordance with these bylaws. They are to bear in mind an order of progression that maintains Branch board member rotation into the chairs of office, whenever the possibility exists. They are to present their findings and recommendations to the Executive Board at the October meeting.
ARTICLE X – COMMITTEES
Section 1: Standing Committees
The President shall formulate and present the following committees:
Membership, Awards, Education and Training, Research, Solid Waste, Publicity/Public Relations, Newsletter, Municipal Engineering and Audit. These Committees shall function as outlined in the Chapter Manual.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
Section 2: Other Committees
The President may from time to time formulate committees for purposes other than those of the Standing Committees. These Committees shall function as outlined by the Executive Board.
Section 3: Committee Members
Committee members are to be appointed in odd numbers, including the Chairman, not to exceed seven. They are to meet at the discretion of the Chairman, or as otherwise directed by the Executive Board.
Section 4: Term
All Committees will be appointed for a term of one year expiring with the President. They may, however, be re-appointed to succeed themselves.
ARTICLE XI – CHAPTER BRANCHES
Section 1: Formation
Any group of ten or more members of the Chapter may petition the executive Board to form a branch within the Chapter. The Executive Board may authorize the establishment of a branch by adopting a resolution prescribing its name, jurisdictional boundaries, method of constructing its affairs, and the submission of periodic reports on its activity to the Executive Board.
ARTICLE XI – CHAPTER BRANCHES
Section 2: Qualifications
The officers and majority of the members of each branch shall be regular members of the Chapter.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
Section 3: Activities
The executive Board shall not authorize any branch to engage in any activities which are inconsistent with the constitution of the Association or with these bylaws.
Section 4: Dissolution
The Executive Board may dissolve any Branch for lack of activity, failure to comply with Constitution of the Association or the bylaws of the Chapter, or for any other cause associated with the good of the Chapter. Any such dissolution may be effectuated by resolution of the Executive Board adopted after reasonable notice and opportunity to be heard to the Branch. Any funds in a dissolved Branch shall be remitted to the Chapter.
ARTICLE XII – AMENDMENTS AND EFFECTIVE DATE
Section 1: Procedure
Amendments to these bylaws may be proposed by initiatory petition submitted to the Executive Board in writing and signed by not less than 25 members or by resolution of the Executive Board. Proposed amendments shall be presented to the membership within one year after the date of their submission, at a meeting of the Chapter or by letter ballot as may be determined by the Executive Board. The Executive Board may, within sixty (60) days after receipt of any amendment proposed by initiatory petition, return it to the petitioners with a letter of explanation requesting that the proposed amendment by modified before it is presented to the membership. If the proposed amendment is resubmitted in writing and signed by not less than 25 of the original petitioners, it shall be presented to the membership with or without the approval of the Executive Board. An affirmative vote of two-thirds of the qualified votes cast shall be necessary for the adoption of a proposed amendment.
Section 1A: Branches
Branches may also propose changes by resolution to the Chapter Executive Board, providing they have first petitioned the Branch membership at a membership meeting receiving an affirmative vote.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
ARTICLE XII – AMENDMENTS AND EFFECTIVE DATE
Section 2: Effective Date
These bylaws and such amendments as may be made from time to time shall become effective upon adoption by the Chapter and approval by the Board of Directors of the American Public Works Association.
ARTICLE XIII – DEFINITIONS
Section 1: Gender of Terms
Whenever the terms he, him, chairman, his and similar English pronouns or nouns appear, it is understood that such terms are gender neutral and refer to male or female persons equally.
ARTICLE XIV – FISCAL AND ADMINISTRATIVE YEARS
Section 1: The fiscal year of the Chapter shall be from July 1 through June 30.
Section 2: The administrative year of the Chapter shall be from January 1 to December 31.
ARTICLE XV – CHAPTER AUDIT COMMITTEE
Section 1: The President shall annually appoint an Audit Committee consisting of at least two Chapter members who shall examine the financial records of the Chapter. Chapter members may not serve on the Audit Committee in which he/she had signatory rights to the Chapter’s bank or investment accounts for the reporting period being audited.
Section 2: All members having custody or control of Chapter funds at any time during the reporting period are expected to cooperate fully with the Audit Committee.
Section 3: The duties of the Audit Committee include examination of the Chapter’s financial records in order to verify the assets, liabilities, net assets and cash flows (revenues and expenses) of the Chapter for the Association’s accounting period. The Audit Committee must adhere to the policies and procedures outlined in the Rules Governing Chapters of the American Public Works Association.
NEW YORK METROPOLITAN CHAPTER
AMERICAN PUBLIC WORKS ASSOCIATION
BYLAWS
Section 4: Financial records of the Chapter’s Branch(es) (if applicable) are to be included in the examination performed by the Chapter Audit Committee unless the Branch Bylaws call for the formation of a Branch Audit Committee separate from that of the Chapter.