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BY-LAWS 2016-10-19T09:28:12+00:00
AMENDED AND RESTATED BY-LAWS

Article 1

NAME

The organization is the Pikes Peak Mechanical Contractors Association.

Article 2

PURPOSE

The purposes for which the Association is formed are to:

2.1 Address issues of mutual concern to it’s member firms: to promote the safe and economical use of mechanical plumbing appliances: to promote public safety: to promote member firms adherence to the Association Code of Ethics and to work cooperatively with governmental agencies and other associations with similar interests and objectives, as deemed appropriate by the general membership of the association. It is also formed to work with the Pikes Peak Regional Building Department, City Attorney and City Council addressing issues of code enforcement, licensing, and other matters which would help improve the public’s perception of our credibility as individual contractors and collectively as a trade group.

2.2 Provide training/education on how to become better business owners/managers. Provide a forum for networking and exchanging of ideas for mutual improvement and being a sounding board for input of ideas and suggestions for improving government services.

2.3 Assist utilities and other agencies in providing service to their customers as requested by establishing referral lists and minimal requirements to be included in these lists. The Association could also establish mechanisms that would facilitate use of the referral lists.

Article 3

MEMBERSHIP

3.1 Composition: Full membership in the Association is open by invitation to the following:

Mechanical Contractors

Plumbing Contractors

Federal, state and local governmental agencies

Suppliers and vendors

Gas service and gas supplier companies

Collateral organizations with similar aims and goals

Although individuals may join, the Association is formed to accept member companies.

3.2 Eligibility: Eligibility for initial and continued membership will be contingent upon an individual firm’s adherence to and promotion of the By-laws and the Code of Ethics. Member firms must demonstrate that they are licensed to operate in the trade field and geographical area in which they market their services.

Failure of a member firm to seek appropriate building department permits to perform work (at the agreed upon sales price), or negligent disregard for compliance with appropriate code requirements, will be grounds for consideration of membership termination. The Ethics Committee will review cases brought before it, and make recommendations to the general membership, the Regional Building Department or the City Attorney, as appropriate.

3.3 Representation: With the exception of Honorary Membership, there is only one category, which is full membership. There is no associate category. Once a firm joins, its employees are represented. Each member firm is entitled to one vote.

3.4 Membership Cards: Membership cards will be issued annually.

Article 4

HONORARY MEMBERS

Honorary memberships may be awarded from year to year by the Board of Directors to government officials, educators, and others having a legitimate and helpful interest in the welfare of the Association, its service to the public and who support the By-laws and Code of Ethics of the Association. These memberships shall be non-dues paying and non-voting.

Article 5

APPROVAL OF MEMBERS

5.1 Applicants must file an application for membership and pay the appropriate dues.

5.2 The Board of Directors shall review all application for membership and approve them as appropriate during regularly scheduled board meetings.

Article 6

APPROVAL OF REFERRAL SERVICE MEMBERS

6.1 Applicants must file the appropriate applications for the Referral Service and pay the appropriate fees.

6.2 The Board of Directors shall review all applications and approve them as appropriate during regular scheduled board meetings.

Article 7

OFFICERS/BOARD OF DIRECTORS

7.1 Composition The Association shall have a President, Vice President, Secretary, Treasurer, Immediate past President, and two members at large, who will comprise the Board of Directors and meet to map strategy and do long-range planning for the Association. The Board will consist of not more than seven members. Any Association member may attend Board of Director’s meetings. Any Association member is eligible for election to the Board of Directors, or to be an officer of the Association. The composition of the Board of Directors may be amended as deemed appropriate by a quorum of the General Membership. The President and Vice President must each be a contractor.

7.2 Tenure A Director may serve more than one year. Directors will continue in office until their successors are elected or appointed. No person will be elected a Director of the Association unless that person is a member in good standing or represents a member in good standing.

7.3 Nominating committee Prior to the Annual Membership Meeting of the Association, the President will appoint a nominating committee. The report of the nominating committee will be submitted to the Board of Directors for ratification and recommendation to the members. The submission of names of recommended
nominees by the nominating committee will not preclude additional nominations being made through the Board of Directors by any member. The additional nominees’ names will be forwarded by the Board to the members. Whenever there are more nominees for Office/Director than can be elected, the election
will be by written ballot of the members.

7.4 Attendance Board members are required to maintain sixty percent (60%) attendance at Board Meetings. If the required attendance is not maintained or if a Board member misses four (4) consecutive Board meetings, the Director will be suspended from the Board. The vacancy created by the suspension will be filled by a vote of the remaining Directors. Nothing herein will prevent Directors from having excused absences from Board meetings.

7.5 President The President will preside at all Membership Meetings of the Association and the Board of Directors and will perform other duties as are usual and incident to the office and as provided by the Board of Directors and the By-laws of the Association. Vacancies in offices may be filled by the President upon approval of a majority of the Board of Directors to cover unexpired terms. In the event of the absence or inability of the President to act, the duties of the office will be performed by the Vice President. Upon completing a term as President the individual will become the Past-President, with duties, if any, as may be assigned by the Board.

7.6 Vice President The Vice President will have such duties as the Board of Directors or the President may delegate. In the event of the absence or inability of the President to act, the duties of the office of President will be performed by the Vice President.

7.7 Secretary The Secretary will perform all clerical and correspondence duties as are incident to this office and as directed by the President and the Board of Directors. The Secretary will keep an accurate record of the proceedings of all meetings of the Board of Directors and of the Association and will submit minutes at the next scheduled meeting for approval by the respective bodies.

7.8 Treasurer The Treasurer will perform all accounting and bookkeeping functions of the Association to keep an accurate record of all budget and financial matters. The Treasurer will report to both the Board of Directors and General Membership Meetings on the current financial condition of the Association. The Treasurer will act as an advisor to the Budget/Audit Committee.

7.9 Immediate Past President The Immediate Past President will assist the President with organizing the Association and helping form committees.

Article 8

DUES

When the interim board and its committees are replaced with formally elected officers, and the annual budget has been established, the new board will determine a permanent dues structure. Annual dues will be determined by the Officers/Board of Directors, after a budget is prepared, but change in dues is approved by a vote of the approved Membership.

Article 9

COMMITTEES

9.1 General The Board of Directors will form committees as needed.

9.2 Budget/Audit Committee The Directors will appoint a Budget/Audit Committee who will prepare an annual budget of estimated receipts and expenditures for the coming fiscal year, no later than October of each year. The Committee will also make an audit or have an audit made of the books, records and accounts of the Association as of the end of the fiscal year of the Association. The Committee will make such other checks, as it deems advisable during the course of the year. It will prepare an annual written report which will be made available to the members of the Association.

Article 10

MEETINGS

10.1 Quorum For the Board of Directors and Committee meetings, 51% of the members shall be considered a quorum. For Membership meetings, 51% of the membership attending scheduled meetings shall be considered a quorum.

10.2 Frequency General membership meetings will be held quarterly or as needed and Board of Directors meetings will be held on a monthly basis. Committees will meet at the call of the Committee Chairman.

10.3 Notice of Meetings Notice of any meeting of the members will specify the time, place and purpose of the meeting and will be delivered either personally or by mail to each member.

Article 11

CODE OF ETHICS

Each member of the Association, including the employees ofRegular Members, must abide by the Association Ethical Standards and Rules of Conduct. Ethical Standards are goals to which members aspire. Compliance with the Rules of Conduct is mandatory, with the violation of any rule to be grounds for disciplinary action by the Association under these By-laws.

Ethical Standards

1. Members should actively pursue the goals of the Association and comply with its By-laws, Code of Ethics and membership requirements.

2. Members should strive to provide quality products and services to the public and portray a professional image of the industry, including the avoidance of even the appearance of impropriety.

3. Members should maintain honest and ethical business practices with all customers, clients and industry members.

4. Members should uphold and maintain all laws and regulations relating to the industry.

5. Members and their employees agree to refrain from publicly or privately speaking negatively about competing firms.

6. Members will not allow appliances to be operated in an unsafe condition. They will report unsafe conditions to appropriate authorities.

7. Members promote the safe and economical use of utilities.

Rules of Conduct

Rule 1 Members shall not engage in any fraudulent or illegalactivities when performing services, for or selling products, to the public.

Rule 1.1 A member shall not engage in fraudulent conduct in performing estimates of the cost of services, or pressuring customers into accepting unnecessary services.

Rule 1.2 A member shall not engage in fraudulent activities in determining the nature, quantity and price of products to be sold to the public.

Rule 1.3 A member shall not perform their duties under this rule in a manner which constitutes gross negligence by exhibiting a willful or wanton disregard of the public health, safety or welfare in the performance of such duties.

Rule 2 Members should comply with the requirements of all applicable laws, codes and regulations.

Rule 2.1 A member shall not knowingly participate in any illegal or fraudulent activities which are intended to circumvent applicable laws, codes and regulations.

Rule 2.2 A member shall neither offer nor make any illegal payment, gift or other valuable consideration to a public official for the purpose of influencing a decision by such official.

Rule 3 Members should serve the public in a competent manner.

Rule 3.1 A member shall perform his or her services or issue advice which is only within the scope of the education and experience of the member and the member’s professional associates, consultants or employees and shall advise the customer if any advice is outside the member’s personal expertise.

Rule 3.2 A member shall not give an opinion or submit a report without being as thoroughly informed as might be reasonably expected, considering the purpose for which the opinion or report is requested.

Rule 3.3 A member shall engage, or advise a customer to engage and cooperate with other experts and specialists whenever the customer’s interest would be best served by such service.

Rule 3.4 Employer members shall ascertain that their employees are competent to perform their duties and provide necessary training.

Rule 4 Members should be accurate, truthful and candid in all communications with the public.

Rule 4.1 A member shall not knowingly engage in false or deceptive advertising, or make false, misleading or deceptive representations or claims in regard to the industry or which concern his or her own qualifications or those of other members of the Association.

Rule 4.2 A member shall not issue a false statement or false information which the member knows to be false or misleading.

Rule 5 Members should serve their customers diligently and perform their services in a timely manner.

Rule 6 Members having knowledge of a violation of these Rules of Conduct by another member should bring evidence of such violation to the attention of the Association.

Rule 7 Members must cooperate with Association investigations and the hearing process, as outlined in its By-laws, to assure compliance with these Rules of Conduct.

Article 12

MEMBERSHIP DISCIPLINE PROCEDURES

Section 1 Association By-laws and Rules of Conduct

Any member of the Association may be disciplined for violation of the Association By-laws or of the Rules of Conduct contained within the Association Code of Ethics.

The Association By-laws and Code of Ethics shall be adopted and may be amended from time to time by the Association.

Notice of any amendments to the Association By-laws and/or Code of Ethics shall be distributed to all members of the Association. Members unwilling to comply with the Association By-laws and/or Code of Ethics or any amendments thereto must submit their resignation from membership with the Association.

Section 2 Filing of complaints

Any member of the Association or any member of the public many file a complaint with the President or any of the Board

Members alleging that a member has violated one or more of the Association By-laws and/or Rules of Conduct contained within the Code of Ethics. Complaints received through operation of the Referral Service Program may also be reviewed. Complaints must be filed in writing. No special form of the complaint is necessary, except the name, address and phone number of the complainant and the member and a summary of the facts of the complaint should be included.

The President shall provide a complaint form format to any person requesting the same. Complaints may be filed on a confidential basis with identity of the complainant known only to the President, but the complainant shall be informed that such person may be requested to appear at a hearing before the Board of Directors at which time their identity will be revealed.

Section 3 Initial Screening of Complaint

The Board of Directors shall initially screen all complaints in order to determine which complaints should be forwarded to the Grievance Committee (the Committee) for further review. The President shall report to the Association a summary of all complaints not forwarded, on a quarterly basis, in order that they may monitor and determine the nature of complaints, which should be forwarded to the Committee. Complaints received through the operation of the Referral Service Program, which do not appear to violate the rules of Conduct may be referred by the President to the Alternative Dispute Resolution Program offered by the Association.

Section 4 Grievance Committee

The Committee shall be governed by the following rules.

a. Role of the Grievance Committee. The role of the Committee is to investigate complaints. The Committee shall not determine the validity of any complaint filed, but by majority vote of the Committee shall determine whether a complaint shall be referred to the Board for hearing. If a complaint is referred, the committee shall designate which Association By-law or Rule of Conduct may be applicable. The Committee is empowered to interview and gather evidence from all persons who have relevant information with respect to a complaint. All evidence gathered by the committee shall be confidential except to the extent it is disclosed to the Board of Directors in a disciplinary hearing, as provided below. Association members are required to cooperate with the
Committee investigation process.

b. Composition of the Grievance Committee. The Committee shall be composed of two Referral Service members and one member of the Board of Directors.

c. Disposition of Complaints. On a quarterly basis the Committee shall report to the Board a summary of the nature of all complaints that it decided not to refer to the Board.

Section 5 Board of Directors. With respect to the disciplinary hearing process, the Board shall be governed by the following.

a. Board of Directors. The Board shall act as the decision maker in determining whether any actions of a member have violated the Association By-laws and/or Rules of Conduct.

b. Composition of the Board of Directors for Hearing Purposes.

All members of the Board are eligible to hear any complaints referred to the Board by the Committee, except the Board member who serves on the committee shall not be eligible. However, such member is eligible to present evidence on behalf of the Grievance Committee. A majority of the Board members eligible to act at the hearing shall constitute a quorum for purposes of holding the hearing. The vote of a simple majority of the Board members attending the hearing shall be necessary in order for the Board to act.

c. Hearing Procedure. In the event a complaint is referred to the Board for hearing, the President shall schedule the time and place of hearing and give the affected member at least ten (10) days written notice of the hearing, along with a copy of the written complaint. The member shall be informed of the opportunity to attend the meeting and to be heard in person or by counsel and to present testimony at the hearing. A member of the Committee shall initiate the hearing by presenting the members evidence. A record of the hearing may be made by electronic recording unless waived by the Committee, the Board and the affected member.

d. Permissible Action by the Board of Directors. At the conclusion of the hearing, or at a later time if the Board decides additional deliberation is necessary, the Board may take any one or more of the following actions:

1. Dismiss the complaint on the grounds that a violation of the Association By-laws or of the Rules of Conduct was not shown.

2. Issue a letter of reprimand or admonishment to the member.

3. Suspend the membership of the member for a specific period of time and designate what actions, if any must be taken by the member in order to reinstate membership.

4. Terminate membership of the member in the Association.

Any ruling by the Board shall be in wiring and maintained with the Association records with a copy of the ruling to be delivered by first class mail to the member and/or its counsel and the individual who initiated the complaint. The confidentiality of the Board’s ruling shall be determined by the Board given the specific facts and circumstances of the matter under review.

e. Appeal. The ruling of the Board shall be final and not subject to further appeal.