Constitution and By-Laws Constitution and By-Laws ARTICLE I Section 1. This organization shall be known as the MICHIGAN DRIVER AND TRAFFIC SAFETY EDUCATION ASSOCIATION (MDTSEA). The Association shall be incorporated as a non-profit organization under Act No. 327, Public Acts of 1931, as amended. Section 2. Association and Secretariat mailing addresses shall be found in the By-Laws. ARTICLE II Section 1. The purposes of this Association shall be: a. To promote and encourage the teaching of driver and traffic safety education to school youth of the state of Michigan. b. To study, evaluate and attempt to solve the problems that are associated with the teaching of driver and traffic safety education. c. To cooperate with agencies in the interest of teaching driver and traffic safety education to students in the state of Michigan. d. To improve and upgrade requirements for driver and traffic safety education programs. Section 2. 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 3. 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 purposes set forth in the purpose clause hereof. No substantial part of the activities of the 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 Section 1. Membership in this Association shall be active, associate, honorary, sustaining, and complimentary. Section 2. Active members shall be individuals teaching or supervising driver and traffic safety education in an approved program; safety education teachers and supervisors; safety patrol sponsors; transportation supervisors; and college, university or state personnel working directly with driver and traffic safety education in the state of Michigan. Section 3. Associate members shall be individuals who are interested in the purposes of MDTSEA, but who are not eligible for membership under Article III, Section 2. Section 4. Honorary membership may be granted to individuals who have made outstanding contributions to driver and traffic safety education upon action of the President with the approval of the Executive Board or upon three-fourths (3/4) majority vote by active members present at any Association meeting. Past presidents shall automatically be granted honorary memberships. Section 5. Sustaining members shall be any organization or individual that contributes to MDTSEA. Section 6. Individuals and/or organizations eligible for membership as active, associate, or sustaining members may become members upon payment of dues. Section 7. Complimentary memberships are issued each year to newly approved driver education instructors. Up to five (5) Association newsletters may be sent to new potential members based upon the names our Association receives from the Michigan Department of State. ARTICLE IV Section 1. The officers of the Association shall be a President, President-Elect, Secretary, and Treasurer. Section 2. Association officers shall be elected by Secret Ballot at the annual business meeting held at the annual conference. Members who are unable to attend the annual meeting may request an absentee ballot from the Secretariat after April 1. Section 3. Incoming officers shall take office at 12:00 p.m. (noon) on the first Sunday following the annual conference. Section 4. The President, President-Elect, Secretary, and Treasurer shall serve a term of one (1) year. Section 5. At the conclusion of the President’s term of office, the President-Elect shall become the President. Section 6. 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 7. In the event of a vacancy in the office of President-Elect, the Executive Board 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 conference. Section 8. No individual shall hold more than one elective position in the Association at one time. Section 9. All officers shall be, at the time of their nomination and election, active or associate members of MDTSEA. ARTICLE V Section 1. The President shall preside at all meetings of the Association and of the Executive Board. With Executive Board approval, the President shall appoint chairpersons for all standing or temporary committees and serve as an ex-officio member of all committees Section 2. The President-Elect shall assume all duties of the President in the absence of the President. In addition, the President-Elect shall serve as Chairperson of the State Conference Committee. Section 3. The Treasurer shall have charge of all monies of the Association, and shall pay all debts of the Association at the direction and approval of the President and Executive Board. The Treasurer may, when directed by the President or Executive Board, authorize a Board member to disburse Association funds for payment of Association debt, said payments shall be limited and clearly defined. Section 4. The Secretary shall take notes and prepare minutes of all Executive Board and Association meetings. In addition, the Secretary shall write thank you letters to conference speakers and exhibitors, and any other correspondence as directed by the President. Section 5. In addition to the duties of the officers as outlined in other sections of this Article, the officers shall perform other duties as usually pertain to their offices in an organization. ARTICLE VI Section 1. District Representatives shall be appointed by the President with the approval of the Executive Board. When deciding upon the number of representatives for any district, consideration should be given to the number of school districts, the number of counties and the number of approved driver education teachers within such district. Section 2. The District Representatives shall be responsible for administering Association affairs within their respective districts, including serving as Chairpersons of regional Association conferences held within their respective districts and as Membership Chairpersons for their districts. ARTICLE VII Section 1. The Secretariat shall serve as a clearing house for Association activities, including telephone service; maintenance of records; handling of correspondence and inquiries; preparing reports upon request; and distributing minutes of Executive Board meetings. Section 2. The Association may employ a secretariat. The compensation shall be determined by the Executive Board. ARTICLE VIII Section 1. The Executive Board shall consist of Association Officers, all Past Presidents, the Representatives of Districts 1 through 15, the Secretariat, the Chairpersons of the Standing Committees and the Newsletter Editor. Section 2. Ex-officio members of the Executive Board shall be sustaining members, college and university driver and traffic safety education instructors, Department of State driver and traffic safety education representatives, driver and traffic safety education specialists of AAA Michigan, safety council managers, and representatives from the Department of Management and Budget and the Michigan Office of Highway Safety Planning and the Michigan Resource Center for Health and Safety. The President, upon the vote of three-fourths (3/4) of the Executive Board members present, may designate as ex-officio Executive Board members such individuals as deemed beneficial to the operation of the Board. Ex-officio members shall not have a vote on the Executive Board. Section 3. Elected or appointed members of the Executive Board who fail to meet the responsibilities of their office may be replaced by majority action of the Executive Board. An elective or appointed office vacated in this manner shall be filled by nomination and election or appointment at the next regular Association Executive Board meeting. Section 4. Executive Board or Ex-Officio Board Members must be of “good moral character.” Hence, disqualification from MDTSEA Executive Board participation shall include, but not be limited to: a. Any conviction which would disqualify an individual from obtaining or maintaining teacher approval from the Michigan Department of State, as outlined in Public Act 97 of 1995, as amended. b. Any conviction or disciplinary action which would disqualify an individual from obtaining or maintaining a license issued by the Michigan Department of State for the purpose of operating a private driving school or providing private driving instruction, as outlined in R 388.355 (2)(a-f), or R 388.362 of the Michigan Administrative Code. c. Any conviction or disciplinary action as outlined above shall result in the loss of “Executive Board Membership” for a period of not less than thirty-six (36) months from the date of the conviction, Michigan Department of State action, or other date, as determined by the Executive Board. ARTICLE IX Section 1. After the annual conference, the newly elected President, with the approval of the Executive Board, shall appoint standing committees and designate the Chairpersons as follows:
a. Awards Committee - - to consider and recommend to the Executive Board appropriate candidates for Association honors and awards. b. Budget and Auditing Committee - - to develop an Association budget and to audit the books of the Treasurer at the time of the annual meeting. c. Constitution and By-Laws Committee - - to review the Constitution and By-Laws and recommend changes to the Executive Board. d. Legislative Committee - - to assist in formulating a desirable legislative program for the Association and to keep the Executive Board informed on pertinent legislation. e. Membership Committee - - to assist in promoting membership to all eligible individuals. f. Nominations Committee - - to nominate a slate of candidates for President-Elect, Secretary and Treasurer. g. Professional Problems and Public Relations Committee - - to consider professional problems concerning driver and traffic safety education and to assist in promoting favorable public relations in all activities of the Association. h. State Conference Committee - - to make recommendations to the Board for the site, dates and the plans for conferences. The committee Chairperson shall be responsible for the state conference program. i. Historian - - to compile and record the MDTSEA History and Milestones documents annually. Section 2. In addition to the standing committees, the President, with the approval of the Executive Board, may appoint temporary committees that are deemed necessary to carry on the work of the Association. Section 3. Each committee, both standing and temporary, shall consist of at least three members. More than three members may be appointed at the discretion of the Executive Board. Section 4. Written reports of all formal and/or informal meetings of committees shall be promptly submitted to the Secretariat to be forwarded to the President and reports shall be made at the following Executive Board meetings. ARTICLE X Section 1. The Association Newsletter shall be posted every two months during the academic year. Section 2. The Association may employ and/or reimburse an Editor of the Association Newsletter. The compensation shall be determined by the Executive Board. ARTICLE XI Section 1. There shall be one (1) annual state conference each school year, the time and place to be at the discretion of the Executive Board. I. Special meetings may be held at the call of the Executive Board. II. Special meetings may be called by petition of 10% of the active members of MDTSEA. Section 2. The members of the Association shall be notified of the annual business meeting held at the annual state conference at least 30 days prior to the conference. Section 3. Executive Board meetings shall be scheduled as follows: 1. Just prior to the annual conference. 2. On the first Saturdays in March, June, and December; and the second Saturday in September. 3. At the discretion of the President. Section 4. If the President and President Elect are absent, the past presidents in descending order will assume the President’s duties for that meeting. ARTICLE XII Section 1. Constitutional or By-Law Amendments may be introduced at any regular or special Association meeting. Section 2. A Constitutional amendment shall be voted upon and ratified by a two-thirds (2/3) majority vote of members present and voting at the annual conference. Said Amendment shall have been submitted to the Secretariat in writing and a copy circulated among the members at least ten (10) days prior to the time at which the vote is taken. Section 3. The By-Laws of this document may be amended by a two-thirds (2/3) majority vote at any regular or special meeting of the Executive Board. All successful amendments shall be subject to review at the next annual conference. Section 4. The method of voting on Amendments shall be determined by the Executive Board. ARTICLE XIII Section 1. The Association shall be dissolved only upon the vote of a majority 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 such 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 or organizations comprising its membership. By-Laws ARTICLE I Section 1. The revised Roberts Rules of Order shall be the authority on all questions not specifically stated in this Constitution or its By-Laws. ARTICLE II Section 1. The dues of this Association shall be determined by the Executive Board and shall be payable on May 1. For new members who join between February 1 and May 1, the membership shall be for the balance of the year and the following membership year. Section 2. Associate member dues are the same as those of the regular membership. Section 3. Dues are waived for honorary members. Section 4. Sustaining membership fees shall be determined by the Executive Board. Section 5. Members whose dues are not paid by June 1 shall be dropped from the membership roles. ARTICLE III Section 1. The members of any Association meeting shall constitute a quorum for transaction of Association business. ARTICLE IV Section 1. The Association addresses shall be: MDTSEA: PO Box 13006, Lansing, Michigan, 48901-3006. Phone: 800/419-9509. Secretariat: PO Box 13006, Lansing, Michigan, 48901-3006. Phone: 800/419-9509. ARTICLE V Section 1. Absentee ballots must be returned to the Secretariat no later than the Monday preceding the annual meeting. ARTICLE VI Section 1. The MDTSEA fiscal year shall be January 1 through December 31.
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