January 2016

Constitution & By-Laws

CONSTITUTION and BYLAWS of the MONONGALIA WIRELESS ASSOCIATION

January 1987 Revision

CONSTITUTION

Article I: NAME AND LOCATION OF OFFICE

    This association shall be known as the “Monongalia Wireless Association” or “MWA” and referred to herein as “Association.”  Its principal office shall be within the State of West Virginia at a site approved by the regular membership and specified in the Association’s By-Laws.

Article II: OBJECTS AND PURPOSES

The objects and purposes of the Monongalia Wireless Association shall be to facilitate the exchange of information and general cooperation between radio amateurs; to promote radio knowledge, fraternalism and individual operating efficiency; to conduct club programs and activities to advance the general interest and state of the art of amateur radio; and to accomplish and be consistent with such objectives, goals and purposes of and for the amateur radio service as shall be stated and provided by the United States Federal Communications Commission or its successor agency.

Article III: MEMBERSHIP

The membership shall be comprised of regular members , repeater association members , and associate members , all as defined in the By-laws of the Constitution of the Monongalia Wireless Association.

Article IV: OFFICERS

The Monongalia Wireless Association shall elect a president, vice-president, and secretary-treasurer, who shall serve as the respective elected officers of this Association.

Article V: COMMITTEES

There shall be such standing committees as are provided by the Association’s by-laws, and such ad hoc committees as the President shall from time to time determine.  The Chairman of said committees shall be appointed by, and serve at the will and pleasure of the President, subject to the provision of the by-laws.  All officers of the club shall be ex-officio members of all committees.  A standing committee shall remain in effect until dissolved at a regular club meeting by a two-thirds majority of the quorum present. An ad hoc committee can be dissolved at the discretion of the President.

Article VI: MEETINGS

    1.  There shall be regular meetings as provided in the Association’s by-laws. The time and place of any meeting shall be subject to change, or any meeting canceled if the President shall determine that the same is in the best interests of the safety and/or physical welfare of the membership.  At any regular meeting, ten percent of the regular membership shall constitute a quorum for the transaction of business.  Once a quorum is achieved at any meeting the subsequent departure of any member or group of members shall not prohibit the conduct of business, nor be deemed to defeat a quorum.

    2.  The President may call special meetings of the Association at any time upon his own determination, or upon the request of any two officers of the Association, or upon the written request of ten (10) regular members of the Association.  Notice of such special meetings shall be given as required in the by-laws.

    3.  Any business to be conducted, or proposed to be conducted at a regular or special meeting of the Association at which a quorum shall not be present, shall be conducted at the next regular meeting, or properly called special meeting, at which a quorum shall be achieved.

Article VII: DUES

The dues for the Monongalia Wireless Association shall be provided for in the By-laws.

Article VIII: AMENDMENTS

This Constitution may be amended by a two-thirds majority of the quorum of regular club members at any regular club meeting provided that all regular members have been notified by mail of the intent to amend the constitution. Such notification shall be to the member’s address as contained in the Association’s records, and shall consist of a statement of the constitutional provision as it then exists and as it is proposed to be amended.

Article IX: RULES

The then current revision or edition of Robert’s Rules of Order shall govern proceedings.

Article X: EXCLUSIVITY

The Monongalia Wireless Association is organized exclusively for educational and scientific 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 of 1954 (or the corresponding provision of any future United States Internal Revenue Law).

Article XI: DISBURSEMENTS

No part of the net earnings of the Association shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the Association 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 Article X hereof.  No substantial part of the activities of the Association shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Association 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 these articles, the Association shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue code of 1954 (or the corresponding provision of any future United States Internal Revenue Law).

Article XII: DISSOLUTION PROVISION

Upon the dissolution of the Monongalia Wireless Association, the Association shall after paying or making provision for the payment of all the liabilities of the Association, dispose of all the assets of the Association exclusively for the purposes of the Association in such manner or to such organizations organized and operated exclusively for charitable, educational or scientific purposes as shall at the time qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the Association shall determine.

BY-LAWS of the MONONGALIA WIRELESS ASSOCIATION

I.  MEMBERS

    1.  The Membership of the Monongalia Wireless Association shall be divided into three classes: a. regular members; b. repeater association members; and c. associate members.  Each of these types of membership shall extend for one year from the date of payment of dues.

    2.  A  regular member shall be any holder of a valid amateur radio license, issued by the Federal Communications Commission of the United States or any successor agency, who shall each year pay the annual regular membership fee.

    3.  A  repeater association member shall be any person who shall each year pay the annual repeater association membership fee.  This class of membership is designed to financially support the Association’s repeater systems.

    4.  Except as otherwise in 5. below, an  associate member shall be any person not having a valid amateur radio license issued by the Federal Communications Commission of the United States or any successor agency, who shall each year pay the annual associate membership fee.

    5.  Upon application, all student members of the WVU Amateur Radio Club, whether licensed or not, will be granted associate membership in the Monongalia Wireless Association.  These members shall pay no dues unless they choose to apply for regular or repeater association membership as otherwise provided herein.

II.  VOTING

    1.  Voting rights shall be extended to those persons maintaining the status of regular membership in the Association.

III.  MEETINGS

    1.  Regular monthly meetings shall be held at a time and place to be announced as required in section X.

IV.  DUES

    1.  The dues for a regular member shall be twelve dollars ($12.00) per year.  The dues for the second regular member in the same household shall be five dollars ($5.00) per year and the dues for any additional household regular members shall be three dollars ($3.00) per year when paid at the same time as the first regular member’s dues.

    2.  The dues for a repeater association member shall be thirteen dollars ($13.00) per year.  The dues for the second repeater association member in the same household shall be five dollars ($5.00) per year and the dues for any additional household repeater association members shall be three dollars ($3.00) per year when paid at the same time as the first repeater association member’s dues.  Repeater association members shall be eligible for regular membership, if otherwise qualified, upon application and the payment of regular membership dues, in addition to repeater association dues.

    3.  The dues for an associate member shall be ten dollars ($10.00) per year, except as otherwise provided herein.

V.    ELECTION OF OFFICERS

    1.  The elected officers of this Association shall be:  President, Vice-President, and Secretary-Treasurer.  Only a regular member may hold an elected office.

    2.  Elected officers shall be elected at the regular October meeting each year and shall serve for a period of one year.  Election shall be by a majority of votes cast.  Nominations for the offices may be made at the September meeting, but must be reopened at the October meeting.

    3.  Vacancies occurring between elections must be filled by special ballot at the first regular meeting at which the withdrawal or resignation is announced.

    4.  Elected officers may be removed by motion upon a three-fourths vote of the regular membership present at any regular meeting, provided that notice of intent to remove the officer shall be given by mail to the regular membership as otherwise provided herein.

VI.  DUTIES OF OFFICERS

    1.  The President shall be the chief executive officer and shall preside at all meetings.  He shall enforce due observance of this Constitution and by-laws, decide all questions of order, sign all official documents and perform all customary duties which usually devolve upon such officer.

    2.  The Vice-President shall, in the absence of the President, assume all the duties of the President.

    3.  The Secretary-Treasurer shall keep a record of the proceedings of all meetings, read communications at meetings, and accomplish all correspondence.  He shall keep the constitution and by-laws of the Monongalia Wireless Association and shall cause all amendments, additions and changes to be duly noted.  He shall keep an accurate record of the Association membership, of all monies received and expended and shall maintain a separate accounting of all monies received and expended on behalf of repeater association memberships. He shall pay no bills without proper authorization from the Executive Committee. He shall upon the expiration of his term relinquish all pertinent materials to his successor.

VII. AMENDMENTS

    These by-laws may be amended by a two-thirds majority of the quorum of regular club members at any regular club meeting provided that all regular members have been notified by mail of the intent to amend these by-laws.

VIII.  PRINCIPAL OFFICE

    The principal office of this Association shall be at PO Box 4263, Morgantown, Monongalia County, West Virginia 26504.

IX.  TERM OF OFFICE

    All officers shall assume office at the December meeting of the Association, or at the next regular meeting thereafter, if no regular meeting be held during the month of December.

X.  NOTICE

    Notice required under these by-laws, or by the Association’s Constitution shall be construed to mean written notice, mailed to the record address of each member not later than five (5) days prior to the event of which notice is being given.

XI.  STANDING COMMITTEES

    1.  Repeater Committee:  The Repeater Committee shall be responsible for the formulation and dissemination of the rules of operation of such repeaters as may be maintained by the Association.  Chairman of the Repeater Committee shall be the repeater licensee.

    2.  Membership Committee:  The Membership Committee shall monitor the status of various classes of Association membership, and shall encourage membership by all licensed amateur radio operators in the area served by the Association and/or its various repeaters, and by all frequent users of such repeaters.  Membership on this committee shall include, but not be limited to the Association Secretary-Treasurer.

    3.  Constitution and By-Laws Committee:  The Constitution and By-laws Committee shall review (not less than annually) the Constitution and By-laws of the Association and report to the membership at a regular meeting.  Chairman of this committee shall be the immediate past president.

    4.  Program Committee:  The Program Committee shall plan and arrange for programs of interest to the membership at each regular meeting, and such other programs of interest as may from time to time be available for presentation.

    5.  Public Service Committee:  The Public Service Committee shall participate in emergency planning and shall serve as liaison with governmental agencies and others to whom emergency and public service activities may be beneficial.  Chairman of this committee shall be the American Radio Relay League Emergency Coordinator for Monongalia County, if he be a member of the Association.

    6.  Executive Committee  The Executive Committee shall consist of the elected officers of the Association, and the immediate past-president.  The Executive committee shall advise the President and shall meet at the President’s request.