Constitution and Bylaws

 ARTICLE I. NAME

    Section 1

The name of this organization shall be American Driver and Traffic Safety Education Association. The Association shall be incorporated as a nonprofit organization under the provisions of Title 29 of Chapter 6 of the District of Columbia code (1951).

ARTICLE II. PURPOSE

    Section 1

The purpose of the American Driver and Traffic Safety Education Association shall be to promote traffic safety and its concomitant benefits by improving and extending driver education/training activities in schools, colleges, universities, the private sector, industry and other institutions. The purpose of driver and traffic safety education shall be in harmony with those of general education.

    Section 2

The Association shall work toward accomplishing its purpose through conferences, development and dissemination of materials, consulting, technical assistance and through other activities appropriate carry out Section 1. Through these efforts, it is the intent of the Association to improve the quality of teaching and training in schools, colleges, universities, the private Sector, and industry.

   Section 3

Said organization is organized exclusively for charitable, religious, and educational purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.

    Section 4

No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the provisions set forth in the purpose clause hereof. No substantial part of the activities of organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.

ARTICLE III. MEMBERSHIP

    Section 1

Membership in this Association shall be Active, Youth, Institutional, Corporate, Honorary, Retired, and State Association affiliation. These members may affiliate with one or more Divisions as defined in Article IV, but divisional affiliation shall not be required.

    Section 2

Active members shall be any persons engaged in driver and/or traffic safety education/training or related activities.

2.1 Active membership shall be defined as Professional, Presidential, Diamond, or Platinum members.

    Section 3

Youth members shall include elementary and secondary school students.

    Section 4 

Institutional members shall be any institutions, agencies or local businesses interested in supporting driver and/or traffic safety education/training activities.

    Section 5 

Corporate members shall be those organizations which wish to support the purpose of the Association. Acceptance of a Corporate membership shall in no way bind the Association to support philosophies or policies of any Corporate member, nor to support or participate in projects or undertakings of said Corporate member, nor imply that the Association's name or logo can be used in promoting corporate business activity without approval from the Executive Committee.

    Section 6

Honorary members shall be persons recognized by the Association for their outstanding contributions to driver and/or traffic safety education/training.

    Section 7 

Retired members shall be Active members who, upon retirement, may select retired status on the next dues renewal date.

    Section 8 

State affiliates shall be those State Associations who support the purposes of the Association by paying affiliation dues.

ARTICLE IV. DIVISIONAL ORGANIZATION

   Section 1

The Association shall be organized into traffic safety education/training divisions as follows:

    Section 2 

Each Division shall be empowered to elect a chairperson during the annual conference whose duties shall be to:

2.1 preside at all Division meetings including those which shall be held during the annual conference of the Association,

2.2 represent the Division between annual conferences in a liaison capacity with the Board of Directors and Chief Executive Officer (CEO), and

2.3 develop, in collaboration with the annual Association conference chairperson(s), division Section meetings for presentation at the succeeding annual conference.

ARTICLE V. REGIONAL ORGANIZATION

    Section 1

The Association shall be divided into six regions: Northeast, Southeast, North Central, Northwest, and Southwest.

These Regions will be composed as follows:

    Section 2

The Directors from each Region shall be responsible for administering Association affairs within their respective Regions.

    Section 3

The Senior Director in each Region shall be the presiding officer for that Region and shall assist the President with the duties of the Association.

    Section 4

Newly elected Directors from the Regions are expected to attend all Board of Directors' meetings after their election without voting privilege unless they are seated. In the event that any one of the members of the Board from a Region is not present at the annual meeting of the Association, and the succeeding member-elect from the Region is present, then the member-elect shall be seated as a voting member of the Board of Directors from that Region.

ARTICLE VI. ELECTIVE OFFICERS

    Section 1 

The elective officers shall be:

(a) President
(b) President-Elect
(c) Immediate Past President
(d) Secretary/Treasurer

    Section 2

Only persons who have been Active members of the Association for a minimum of one full year immediately prior to official nomination shall be eligible to serve as officers. Officers of this Association shall be from the Board of Directors or shall have served on the Board of Directors. Candidates for President-Elect must be from a Region which is eligible for an elective office under Section 3, this Article.

    Section 3

The President-Elect shall not be from the same region as the President.

    Section 4

The Executive Committee, as described in Article IX, shall constitute a Nominating Committee for the elective officers of the Association. By March 1 preceding the annual conference, an official ballot shall be prepared and mailed listing not less than two nominees for President-Elect with provisions for write-in candidates. The ballot shall include instructions for return not later than March 30. No one shall be nominated who has not consented, in writing, to stand for election and to serve if elected. It shall be the responsibility of the Nominating Committee to:

4.1 obtain the consent of the nominee to stand for election and to serve if elected,

4.2 conduct a run-off election by mail ballot to determine the officer from among those who share the tie, and

4.3 notify successful candidates of their election by May 1.

The person receiving the greatest number of votes for the particular office shall be declared elected.

Regions eligible for an elective office may submit for consideration by the Executive Committee the names of approved and eligible candidates, not in excess of two, before January 1 preceding the election. These names shall be determined by Region elections or in such other appropriate manner as the Region shall approve. The submitted list will stand as submitted unless it is determined that minimum qualifications are not satisfied, the person nominated indicates a desire not to run, and/or specific information is available to indicate the person's nomination would not be in the best interest of the Association.

    Section 5

The terms of office of President, President-Elect, Immediate Past-President and Secretary/Treasurer shall be for one year or until their respective successors have been elected. The term shall begin on September 1 and end on August 31.

    Section 6

At the conclusion of the President's term of office, the President-Elect shall become President.

    Section 7

In the event of a vacancy in the office of President, the President-elect shall complete the vacated term at the conclusion of which he/she shall commence and complete the term for which he/she was elected.

    Section 8

In the event of a vacancy in the office of President-Elect, the Executive Committee, with the approval of the Board of Directors, may conduct a special election or appoint a person to carry out the duties of that office until the office can be filled at the annual election.

    Section 9

The President shall preside at all meetings of the Association, the Board of Directors, and the Executive Committee and shall perform all duties, as are by custom and parliamentary practice, required of that office.

    Section 10

The President-Elect shall assist the President in the performance of the duties of that office and shall assume the duties of that office in the event of the absence or disability of the President. In addition, the President-Elect shall serve as Assistant Conference Chairperson.

    Section 11

The Immediate Past President shall serve as Conference Program Chairperson.

    Section 12

The Secretary/Treasurer shall serve as chair of the Budget Committee, prepare, distribute and maintain a permanent record of all business conducted at official Association meetings, make an annual financial report to the Board of Directors and perform other duties as are by custom and parliamentary practice or direction from the Board or Executive Committee required of that office.

ARTICLE VII. BOARD OF DIRECTORS

    Section 1 

The Board of Directors shall consist of the following:

(a) President, who shall serve as Chairperson;
(b) President-Elect;
(c) Immediate Past President;
(d) Secretary/Treasurer;
(e) Two Directors from each Region, not to exceed one (1) from any state unless no candidate is nominated from other eligible states in that Region. This provision to be determined by the state of residence of the elected members and the candidates;
(f) A maximum of three (3) Directors chosen from Corporate, Retired or Institutional members;
(g) NSSP Liaison.

    Section 2 

The Board of Directors shall be persons who have been Active, Retired and representatives of the Institutional and Corporate members of the Association for a minimum of one full year immediately prior to official nomination or appointment.

    Section 3

A Director's term of office shall begin on September 1 and end on August 31. A Director shall not serve for more than three consecutive two-year terms on the Board of Directors. A period of at least one year must elapse before a member can be elected to a third term on the Board of Directors. The Corporate, Retired, and Institutional Directors shall be appointed each year by the President and approved by the Executive Committee. All Directors shall have the same voting rights and privileges and are expected to attend all meetings of the Board of Directors.

    Section 4

The Regional Directors shall be nominated and elected by the voting members of their respective Regions for a two-year term, beginning in the 2010-2011 association year. Where there is an inumbent board member from a specific region who has not completed consecutive terms of office to a maximum of six years of service as provided for in Section 3, provision shall be made for a special one year term to satisfy the term limit requirement. Provision shall also be made for a special one-year term where there is a need to establish a vacant board seat for each specific region each association year.

    Section 5

When Regions do not provide Directors through appropriate election procedures, the Board of Directors shall, during the annual conference following the defaulted election, fill such vacancy for one-year term.

    Section 6

Persons elected to complete a term as Director, a portion of which term has been filled through appointment by the Board of Directors, shall hold office until the expiration of the 3-year term in which the non-election or vacancy occurred.

    Section 7

In the event a member of the Board of Directors is elected to the office of President-Elect, the Board shall appoint a Director from that Region until the office can be filled at the next annual election.

    Section 8

When a member of the Board of Directors moves from the Region the person was elected to represent, or becomes disqualified because of no longer meeting the requirements for election, or fails to attend a major portion of any regularly scheduled Board meetings without absence approved by the Board, the Board shall appoint an appropriate Director from that Region until the office can be filled at the next annual election.

    Section 9 

The Board of Directors shall:

9.1 ratify the action of the Executive Committee to employ a Chief Executive Officer (CEO) or contract with an outside agency to provide administrative support services (including a Chief Executive Officer);

9.2 formulate and/or approve policies for the Association;

9.3 interpret the provisions of the Constitution in case of doubt relative to its provisions;

9.4 approve an annual budget and render a report to the Association;

9.5 fill vacancies in office until the next election as provided for in Section 8, Article IV and this Article;  

9.6 propose to the membership amendments to the Constitution and Bylaws;

9.7 establish time and place of meetings;

9.8 approve honorary members;

9.9 ratify Executive Committee recommendations on annual conference fees;

9.10 ratify Executive Committee recommendations on contracts over $5000;

9.11 ratify Executive Committee recommendations on membership policies; and

9.12 perform such other duties as may be necessary for the functioning of the Association, including membership categories and dues.

    Section 10 

The Board of Directors shall be empowered to fill any vacancy which may occur on the Executive Committee by election of an additional Board member thereto, but the total membership of the Executive Committee shall not exceed eight persons.

ARTICLE VIII. CHIEF EXECUTIVE OFFICER (CEO)

    Section 1

The Chief Executive Officer (CEO) shall perform all duties pertaining to and required of that office including the maintenance of a detailed account of all receipts and disbursements. Disbursement of Association funds shall be made by the Chief Executive Officer under authority of the Executive Committee. The Chief Executive Officer shall fulfill all job-related activities in accordance with the policies of the Association.

    Section 2

If the Executive Committee elects to contract with an outside agency to provide administrative support services, such a contract will provide for the duties outlines in Section 1 for a CEO Executive Director to conduct Association business.

ARTICLE IX. EXECUTIVE COMMITTEE

    Section 1 

The Executive Committee shall consist of the following:

(a) President, who shall serve as Chairperson;
(b) President-Elect;
(c) Immediate Past President;
(d) Secretary/Treasurer;
(e) Board Member Representative;
(f) Two individuals from either the Corporate, Retired, or Institution Board members;
(g) NSSP Liaison.

    Section 2 

The Board Member Representative  shall be elected by the Board of Directors at the annual conference. Board members who will be incoming Senior Board Members in their regions for the coming year are eligible candidates for nomination as the Board Member Representative. The Board Member Representative may not be an office of the Association, the Immediate Past President, or the Chairperson of the Budget Committee. The Board Member Representative's term of service on the Executive Committee shall be for one year and shall coincide with the term of the elected officers of the Association as defined in Section 5, Article VI.

    Section 3 

The Executive Committee shall:

3.1 recommend policies for the consideration of the Board of Directors;

3.2 assist the President in matters where decisions will affect the policy and welfare of the Association;

3.3 review and evaluate the work of the various committees and keep the Association informed of such reviews and evaluations;

3.4 assist the Budget Committee in the preparation of an annual budget;

3.5 review from time to time, the provisions of the Constitution and recommend changes to the Constitution and Bylaws Committee when deemed necessary;

3.6 perform, subject to review by the Board of Directors and approval by the Association, such other duties as may be necessary for the efficient functioning and administration of the Association; and

3.7 recommend, subject to board ratification, annual conference fees;

3.8 recommend, subject to board ratification, the establishment of contracts over $5,000;

3.9 recommend, subject to board ratification, appropriate dues and membership categories; and  

3.10 at the annual meeting, render to the Board and the membership a report on the status and activities of the organization during the preceding year.

ARTICLE X. STANDING COMMITTEES

    Section 1 

The Standing Committees of the Association shall consist of the following:

    Section 2

Additional committees may be formed or dissolved as deemed necessary by the President upon authorization of the Board of Directors.

    Section 3

The Chairperson and members of each committee shall be appointed by the President with the approval of the Executive Committee. The Chairperson of the Budget Committee shall be the Secretary/Treasurer.

    Section 4 

Active, Retired, Corporate, and Institutional members may serve on Standing or additional committees created under Section 2 of this article. Each committee shall have a minimum of three members, with the majority being Active members.

    Section 5

The Budget Committee shall, in consultation with the Executive Committee, prepare an annual budget for presentation to the Board of Directors.

    Section 6

The Constitution and Bylaws Committee shall present to the Board of Directors for its consideration, proposed amendments to the Constitution and Bylaws.

    Section 7

The Elections Committee shall be responsible for counting the ballots for all regular and special Association elections and for certifying the election results.

    Section 8

The History Committee shall maintain a historical record of pertinent Association activities.

    Section 9

The Membership Committee shall annually develop and implement a campaign to increase Association membership.

    Section 10

The Publications Committee shall be responsible for recommending and supervising the development of Association publications and serving in an advisory capacity to editors of such publications.

    Section 11

The Public Relations Committee shall be responsible for recommending and supervising the development of Association public relations campaigns.

    Section 12

The Resolutions Committee shall propose to the Board of Directors, resolutions deemed fitting and proper for the Association. The Committee shall maintain a current listing of all past resolutions.

    Section 13

The Standards Committee shall propose to the Board of Directors, programs for Teacher/Instructor Training and Curriculum Standards to improve the quality of Traffic Safety Education.

    Section 14

The Corporate Committee shall be a forum which encourages Corporate members to express individual and collective points of view, concerns, and suggestions relating to activities of the Association.

    Section 15

The National Student Safety Program (NSSP), a program operated by this Association, shall endeavor to save lives by: (1) focusing attention of student groups on the need for and benefits of co-curricular safety activities, and (2) encouraging constructive and continuing programs of school and community safety. Activities of the program are conducted under the supervision of the Chief Executive Officer (CEO) of ADTSEA and within the policies of the Association.

ARTICLE XI. MEETINGS

    Section 1

The Association shall hold an annual conference and such other meetings as are necessary, the time and place of which will be decided by a majority vote of the Board of Directors.

    Section 2 

The regular meetings of the Association shall be open to the general membership. The only exceptions shall be meeting agenda items which involve personnel matters or other matters of confidential nature.

ARTICLE XII. PUBLICATIONS

    Section 1 

The Association shall prepare and disseminate information concerning driver education and specifically related activities in traffic safety education through appropriate publications authorized by the Board of Directors.

ARTICLE XIII. AMENDMENTS

    Section 1

The Constitution may be amended by a two-thirds (2/3) majority of Active members voting. Voting shall be by mail ballot circulated by the Executive Committee with the proposed amendments in printed form at least 60 days before an annual conference. An amendment may be proposed by the Board of Directors by petition signed by five percent of the voters in each Region. Upon receipt of such petition, the Executive Committee shall present the amendment as provided by this Article. It is further provided that nothing in the proposed amendment shall conflict with the Act of Incorporation.

ARTICLE XIV. RATIFICATION

    Section 1

This Constitution shall become effective upon ratification by three-fourths (3/4) of those present at the Conference of Driver and Safety Education Officers at the meeting in Washington, DC, September 28-29, 1956.

ARTICLE XV. BYLAWS

    Section 1 

Details regarding organization and activities of the Association shall be regulated by the Bylaws. The Bylaws may be amended at any official business meeting of the Association by a majority of the Active members present or by a mail vote of a majority of the Active members voting, providing that notice of proposed change has been given to all Active members at least 60 days before the date of the official business meeting or the taking of the mail ballot.

    Section 2 

When amendments to the Bylaws are to be voted upon at an official business meeting, Active members unable to attend the meeting may request an absentee ballot from the Chief Executive Officer (CEO). Absentee ballots must be returned to the Chief Executive Officer (CEO) and must be postmarked at least ten (10) days prior to the date of the business meeting.

ARTICLE XVI. DISSOLUTION

    Section 1 

The Association shall be dissolved only upon the vote of two-thirds (2/3) of the membership upon one year's notice.

    Section 2 

Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Circuit Court of the county in which the principal office of the organization is then located, exclusively for such purposes or to said organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.

    Section 3 

None of the assets of the Association shall ever revert to the individuals of organizations comprising its membership, nor shall any donor be given preferential consideration in the disposition of assets.

BYLAWS

ARTICLE I PARLIAMENTARY AUTHORITY

    Section 1 

In all matters not covered by its Constitution and Bylaws, the Association shall be governed by the provisions of the latest edition of Robert's Rules of Order, revised, in all cases to which they are applicable and in which they are not inconsistent with these bylaws.

ARTICLE II. AFFILIATIONS

    Section 1 

The Association will work for the development of effective regional organizations (as set forth in Article V of the Constitution) which will serve the profession in the respective geographical areas and, at the same time, make possible a stronger and more representative national organization.

    Section 2

Any association, professional organization or group whose interests and purposes are similar to those of the American Driver and Traffic Safety Education Association and whose constitution and bylaws are consistent with the Constitution and Bylaws of the Association may, upon request, and on approval of the Board of Directors, become affiliated with the Association. The purpose of the affiliation shall be to enable the American Driver and Traffic Safety Education Association and the affiliated groups to work effectively in the achievement of their common goals.

ARTICLE III. SUFFRAGE

    Section 1 

Suffrage shall include Active, Honorary, Retired, Youth, Corporate, and Institutional members.

ARTICLE IV. MEMBERSHIP DUES

    Section 1 

Membership dues for Active, Youth, Institutional, and Corporate members shall be established by the Executive Committee, subject to ratification by the Board of Directors.

    Section 2 

Honorary membership dues shall be waived.

    Section 3 

Retired membership dues shall equal active membership category selected by retiree.

    Section 4 

The membership year shall expire one year following receipt of dues.

ARTICLE V. COOPERATING ORGANIZATIONS

    Section 1 

The Association shall provide the framework to enable professional organizations to contribute to the effectiveness of traffic safety education programs in schools, colleges, universities, the private Sector, industry and other areas. The Association shall foster a cooperative relationship with such groups but shall not permit such groups to speak for the Association.

ARTICLE VI. FISCAL YEAR

    Section 1 

The Fiscal Year for the Association shall begin on June 1 and end on May 31.

Amended August, 1985
Amended August, 1988
Amended August, 1994
Amended August, 1995
Amended August, 1996
Amended March, 1999
Amended April, 2002
Amended April, 2006
Amended April, 2008