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BY-LAWS

We also rejoice in our sufferings because we know that suffering produces perseverance, perseverance produces character & character produces hope. And hope does not disappoint us, because God has poured out his love into our hearts by the Holy Spirit, whom he has given us.          Romans 5: 3-5

ARTICLE I

Name

Section 1. Name:

A. This organization shall be known as the East Kentucky Trackers and shall often be referred to herein as the “Team”.

ARTICLE II

Purpose

Section 1. Primary Purpose:

A. This organization is organized solely for charitable and educational purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code as it now exists or may hereafter be amended.

More specifically, the purpose of this organization is to assist any/all Rescue Organizations with-in the Commonwealth of Kentucky with Search & Rescue while adhering to the standards set forth by Kentucky Emergency Management, KyEM, while being dedicated to the saving of life and the relief of human suffering during emergencies in the Commonwealth of Kentucky.

B. Neither Review Board Member, Squad Commander, Founder or any other member of this organization shall be compensated by salary or by hourly wage at any time that this Non-Profit Organization is in existence. Reimbursement for mileage and lost wages paid by State or Federal Organizations outside the East Kentucky Trackers shall be exempt from the above.

C. This Organization has adopted a Conflict of Interest Policy to protect this tax-exempt organization’s interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.

 

 

 

Section 2. Other Purposes:

A. To develop and maintain a genuine atmosphere of cooperation among all members of the Team.

B. To conduct monthly meetings for the exchange of pertinent emergency service information, monthly training & quarterly field exercises in order to keep all members at their very best.

C. To develop an efficient, working relationship with all levels of government. To include but not limited to local & state mutual aide agreements.

D. To suggest a common code of ethics and standards for all team members.

E. To provide continuous training and furthering education for all team members.

F. To assist and promote a vigorous training program set forth by KyEM.

 

ARTICLE III

Membership

Section 1. Membership in the Team:

A.  Team, is defined as a group having a stated capability for contribution to the purposes of the Organization as defined in Article II.

B.  Member, is defined as a person who has demonstrated an interest in contributing to the purpose of the Team and whose application has been reviewed and accepted by the membership. An Individual Member has all rights, duties and privileges with respect to the Team as any other Team Member.

C. Honorary Member, is defined as any individual, group or agency that has made an outstanding contribution to the purposes of the Team, and which the Team wishes to recognize in this manner. This member does not have any voting rights with-in this organization.

D. Review Board, is defined as a group of (3) three elected Team Members, the Founder of the organization, (1) one individual from the Community & the dually elected Squad Commander; who shall review, process, approve &/or deny applications into this organization while maintaining ethical & moral standards in which this team is built upon and whom shall review all proposed expulsions and or disciplinary actions with-in this organization.

E. Founder, is defined as the individual(s) initiating or collaborating the initial structure and organizing of the organization.

F. Squad Commander, Is defined as the person, elected by the membership, whom shall manage and regulate all on-scene incidents in which the East Kentucky Trackers may respond. Whether this be an organizational field exercise or and actual SAR incident. This individual only retains Departmental control during an evolution in which is stated here-in these bylaws. If Squad Commander is unavailable for said training exercises or actual SAR incident, such said position shall be designated to the senior most qualified Team Leader prior to any response to such said incident or training exercise. It is the responsibility of the Squad Commander to insure that the East Kentucky Tracker’s SOGs are adhered too at all times during any and all evolutions. 1. Nominations for such Squad Commander shall be placed on the table at the November Team Meeting the prior year to which said Board Members are to be seated. Election for said Squad Commander shall be voted on by secret ballot at the December Team Meeting the prior year to which said Squad Commander is to be seated. 2. Shall be elected to serve a one-year term. A person appointed by the Review Board to fill the position because of a vacancy shall need to stand for re-election at the next general Team Meeting. 3. The Squad Commander shall be elected at the meeting immediately preceding the beginning of the calendar year, which shall be defined as commencing on the first day of January and ending on the thirty-first day of December. 4. The Squad Commander shall serve no more than three consecutive terms. 5. The elections of Squad Commander shall be in compliance with Article IV, Section 1 of the bylaws.

G. Sector Chief, is defined as the person(s), appointed by the Squad Commander, to fill one of six (6) structured sector leaders’ positions. These Teams shall be considered as Search Sector Chief (SSC), M.I.S.T. Sector Chief (MSC), High Angle Sector Chief (HSC), Water Rescue Sector Chief (WSC), Equestrian Sector Chief (ESC) & ATV Sector Chief (ASC). Each Sector Chief has the responsibility to carry out the objective in which the Squad Commander has laid out for the organization with-in the actual SAR Mission or Exercise Evolution. The Sector Chief is also responsible for the safety and wellbeing of all team member’s with-in his/her team. Sector Chief bears the sole responsibility of appointing a Communications Officer & Navigator with-in his/her structured team during such said SAR Mission or Training Evolution.

H. Safety Officer, is defined as the person appointed by the Squad Commander to oversee the Safety aspects of incidents whether actual SAR Mission or Training Exercise. Other than the Squad Commander, the Safety Officer is the only person that has the authority to stop, pause or discontinue any actual SAR Mission or Training Exercise being conducted by the East Kentucky Trackers at any time the safety or wellbeing of any team member becomes in jeopardy.

 

 

Section 2. Qualifications for Membership:

A. Charter Members are those that were represented or application was in hand at the November 19th meeting in Prestonsburg, Kentucky, in 2011.  See Addendum I for listed Charter Members.

B. Candidates for Membership shall submit a letter of application at the next regular meeting of the Membership, which shall be submitted to the Review Board for processing and recommendation, then shall be submitted to the Membership at the next regularly scheduled meeting for a vote of acceptance to membership. A simple majority of those voting members present will be required for approval of a candidate for membership. Upon approval and payment of dues, the candidate will be giving the status of “Member in Good Standing”.

C. A candidate for, Honorary Membership, may be nominated at a regular meeting by any voting member of the Team and approval will be a simple majority of voting members present.

D. .  Any member whose expulsion has been proposed to the Review Board in writing and may be effected by a majority vote of the whole Board, is entitled to a private hearing before the Board, without representation by counsel. Before any proceedings are taken in the proposed expulsion of a member, the member must have written notice of the contemplated action.

 

 

 

 

 

 

ARTICLE IV

Voting

Section 1. Qualified Voting Members:

A. Voting members shall be limited to Team Members whose status is “Member in Good Standing”, with each member having one vote.

B. A “Member in Good Standing” is described as a Team Member who is not under any disciplinary review or who has not been placed on a probationary time period.

D. Notwithstanding any other provisions of these by-laws, no person shall at any meeting of the Organization cast more than one vote on any question.

 

 

 

 

 

ARTICLE V

Administration

Section 1. Review Board:

A. The Organization shall have a Review Board, hereinafter referred to as the Board, to consist of three elected

Members, the Founder of the Organization, Dually Elected Squad Commander & one Individual from the Community.

B. Board Members, excluding the Founder, shall not consist of individuals that represent nor are members of the same external Rescue, Fire, EMS or Law Enforcement Organization.

C. The (3) three members of the Board & (1) one Community Member shall be elected by voting delegates as defined in Article IV. Nominations for such Board Members shall be placed on the table at the October Team Meeting the prior year to which said Board Members are to be seated. Elections for said Board Members shall be voted on by secret ballot at the November Team Meeting the prior year to which said Board Members are to be seated.

D. The Board may appoint non-voting Committee members with areas of appropriate expertise or experience. (Ex. Team Medic, Training Officer, etc.)

E. The Board is empowered to conduct all business of the Team to include but not limited to organizing  training, distribution of information or any purpose stated in Article II.

Section 2. Official Representative:

A. Any person serving as an PIO (Public Information Officer) of the Team, on a capacity other than a specified Board Member, Squad Commander or Sector Chief, before or with any constituted organization, body, group, committee, or board, excluding the Review Board, will be a member of or belong to the organization, East Kentucky Trackers,  and will be elected to this representative post by the Board, and serve at the pleasure of Team Members. The PIO shall be credentialed as such by documented training either through the Kentucky Fire Commission, Kentucky Emergency Management or any Nationally Recognized Organization.

 

 

Section 3. Officers of the Board:

A. The Board shall elect from among its own membership, a person who will also be known as Chair and person who will be known as Secretary-Treasurer. The Board retains the right to replace any officer(s) if in the opinion of the Board, that said officer(s) are failing to execute their prescribed duties in the best interests of the Team, as determined by a ¾ majority vote of the entire Board Members with the Founder casting 1 of the 4 deciding votes with the Board Member in question excluded from the voting process. In case of a tie it shall be brought to secret ballot of the membership at the next scheduled Team Meeting. If brought to Membership for a deciding vote, the Board Member in question retains the right to address the charges to the membership prior to the secret ballot vote.

B. Board officers will serve a one-year term. Members elected to fill a position that has been vacated by resignation, official removal or death will complete the term they are filling.

 

 

 

 

Section 4. Board Members Terms of Office:

A. Board members, (4) four, shall be elected to serve a one-year term. A person appointed to the Board because of a vacancy shall need to stand for re-election at the next general Team Meeting.

B. A Board Member, (4) four, shall serve no more than three consecutive terms on the Board. However, a member who was appointed to fill a vacancy shall be allowed, if elected, to serve the full term, plus the interim term to which they were appointed.

C. Any member of the Board who misses more than two (2) consecutive quarterly board meetings may be removed by a vote of ¾ vote of the Board excluding the board member in question, with the Founder casting 1 of the 4 votes. If this vote ends in a tie it shall be brought to secret ballot of the membership at the next scheduled Membership Meeting. If brought to Membership for a deciding vote, the Board Member in question retains the right to address the charges to the membership prior to the secret ballot vote.

 

 

Section 5. Election of the Board:

A. The Board shall be elected at the meeting immediately preceding the beginning of the calendar year, which shall be defined as commencing on the first day of January and ending on the thirty-first day of December.

 

 

Section 6. Vacancies of the Board:

A. Vacancies arising between regular Board Meetings may be filled by a majority vote of the Board, with the Founder casting a tie breaker vote at the next regular Board meeting. The Board, in filling such vacancies, shall give priority consideration to the most desired qualified Team Member.

B. Vacancies among the officers of the Board shall be filled by the Board at any regular or special Board meeting.

Section 7. Special and Regular Meeting of the Board:

A. The Board shall conduct regularly scheduled Board Meetings quarterly and additional regular Board meetings as needed during the year. The Board may announce and schedule additional regular Board meetings at any regular Board meeting, but must be recorded in the minutes of the next scheduled Team meeting.

B. All regularly scheduled and special called Board Meetings are open to the Team Membership, but said meeting may be closed at any given time during such said meeting by a ¾ vote of the Board Members with the Founder casting a tie breaker vote only.

C. Special meetings of the Board may be called by any Board Member.

1. Reasonable notice shall be given to all Board Members of a special meeting.

2. Special meetings of the Board shall be only for the purpose for which they were called.

3. Results of special meetings shall be posted in the minutes of the next scheduled Team Member Meeting

 

 

Section 8. Quorum for a Board Meeting:

A. A quorum for any meeting of the Board shall consist of no less than three members of the current Board membership.

B. A quorum shall be necessary for any business to be conducted by the Board.

 

Section 9. Nomination of Board Members:

A. Team Membership will serve as a nominating committee for new Board members & Squad Commander. This committee will nominate one or more individuals for each of the available positions of the Board and one or more individuals for the position of Squad Commander. Nominations will then be accepted from the floor.

Section 10. Duties of the Board:

A. Power shall be vested in the Board to take whatever action they may deem necessary or advisable for the government and direction of this organization. They shall formulate and adopt rules for conducting of business and for the management and control of the property of this Organization.

B. The Board shall submit to the Team Membership the proposed annual Budget, Training Schedule, Bylaw changes or anything that effects the structure or operation of the Team for approval by secret ballot among the represented Team Membership at the next scheduled Team Meeting.

 

 

 

 

 

ARTICLE VI

General and Special Board Meetings

Section 1. Meeting Place, Time, Frequency and Notice:

A. General Board meetings will be held a minimum of one time a quarter.

B. The month and location for the next general Board meeting will be decided at the preceding general or special Board meeting and shall be posted with-in the minutes of the next scheduled Team meeting. If unforeseen circumstances prevent the convening of a scheduled General Board  Meeting, the Board will reschedule that Board meeting to be held within thirty days of the original meeting date.

C. Written notice of a General Board Meeting shall be published in the minutes of the next scheduled Team Meeting.

D. Chair of the Board shall preside over General Board Meetings with the Secretary Treasurer or designee taking the minutes.

E. The Chair may appoint a Sergeant of Arms and/or a Parliamentarian.

F. All members of the Board shall adhere to Modern Rules of Order.

 

Section 2. Quorum for Board Meetings:

A. A quorum for any meeting of the Board shall consist no less than 3 members including the Founder.

B. A quorum shall be present to conduct any business of the Board.

C. Only voting member delegates present at any meeting may vote. However, with prior written permission of a non-present member delegate, a present member delegate may act as voting proxy for that non-present member delegate as defined in Article IV, Section 1, Paragraphs C and D.

 

Section 3. Special Meetings of the Board:

A. Special meetings of the Board shall be called by the Board with a minimum of one week's notice.

B. The Chair shall preside over general Board meetings with the Secretary Treasurer or designee taking the minutes.

C. The Chair may appoint a Sergeant at Arms and/or a Parliamentarian.

D. All members of the Board shall adhere to Modern Rules of Order.

E. Special meeting of the Board shall be for the purpose of which they were called.

   

 

 

 

 

ARTICLE VII

Finances

Section 1.  Expenditures:

A. Expenditures that exceed $1000.00 must be approved by a majority vote of the Board with the Founder casting the deciding vote in a tie- breaker.

ARTICLE VIII

Duties of the Officers of the Board

Section 1. Chair’s Duties:

A. The Chair, in addition to his duties as presiding officer, has the duties of an administrative or executive officer.

B. The Chair will preside over the meetings of the Board and the Team Membership meetings by taking the chair and calling the members to order; to announce the business before the assembly in the order in which it is to be acted upon; to recognize members entitled to the floor; to state and to put to vote all questions which are regularly moved; and to announce the result of the vote.

C. The Chair will assist in expediting business in every way compatible with the rights of the members, by allowing brief remarks when un-debatable motions are pending; will enforce on all occasions the observance of order and decorum among all the members.

D. The Chair under stated above Team Meetings shall not cast a vote on any proposed motion on the floor unless a tie breaker vote is needed for a final decision. At that time only a revote by secret ballot will be conducted in which the Chair shall cast (1) one vote along with the membership.

 

 

Section 2. Secretary-Treasurer's Duties:

A. The Secretary-Treasurer will keep a complete set of minutes of each regular and special Board meeting along with the minutes of the regular or special called Team Meetings.

B. If requested to do so, the Secretary-Treasurer will compile an Annual Training/Run/Financial Report of the Team and Board’s activities and submit the same to the Board.

1. The Annual Report will be published for benefit of Team Members and the general public at the first scheduled Team Meeting of the January meeting.

C. If requested to do so, the Secretary-Treasurer will oversee an independent audit on all financial activity for that year.

2. The Secretary-Treasurer shall also compile all required documentation required by the KRS 39F on required Quarterly Reports and submit to the Chair of the Board for review and submission to the County EM, Regional EM & State Kentucky Emergency Management Office. This report shall be done immediately following the end of each Quarter with-in (1) one week time frame.

 

 

 

 

 

 

ARTICLE IX

Amendments

Section 1. Amendments to the by-laws:

A. These By-Laws may be amended by a two-thirds (2/3) secret ballot affirmative vote of the represented Team Membership at any regular or special meeting; provided that written notice of the proposed amendment or amendments is placed on the table at the prior Team Meeting.

ARTICLE X

Training

Section 1. Team Meetings & Required Training

A. Team Members must fulfill their obligation of training for the following required courses with-in 1 year of acceptance into membership by the overall Team Membership vote.

                          1. ICS 100,200,700,800 2. Ky. Certification of Basic Search & Rescue or any National Recognized Search Program 3. Ky. Certification of Mantracking

                                                        4. Wilderness Survival (Certification by any State Park, Federal Organization, Kentucky Fire Commission or KyEM)

B. Team Members must fulfill their obligation of training for the following required courses with-in 2 years of acceptance into membership by the overall Team Membership vote.

                                                                              1. ICS 300 & 400 2. Urban Search & Rescue (Any National or Kentucky Recognized Certification, If Available) 3. Lost Person Behavior (Any National or Kentucky Recognized Certification, if Available)

C. Any Team Member not fulfilling their obligation in the allotted time period listed in Article X, Sections A 1-4 & Section B 1-3, shall be placed on a probationary time frame of 6 months, by the Board & removed from the “Member in Good Standings” list. If after that 6 months the Team Member has not successfully completed the required training obligation, such said Team Member shall then be removed from the Membership Roster, by the Board.

Section 2: Organizational Training

A. Monthly training is a requirement for all Team Members. With-in a calendar year the East Kentucky Trackers will conduct 12 (monthly) training days which will be conducted on predetermined Saturday. With-in these 12 regularly scheduled training days Team Members must attend a minimum of 8 in order to be considered an Active Member or “Member in Good Standing”. If such said amount of 8 trainings are not attained by the Team Member with-out just cause ex. (Military or Board Approved Miss) the individual will be placed on probation, by the Board, for 6 months in which that members is required to attend all 6 consecutive trainings. If such amount is not attained then said member shall be removed from the Membership Roster, by the Board.

B. Quarterly training is a requirement for all Team Members. With-in a calendar quarter an extended weekend training exercise with-in Eastern Kentucky will be conducted. This quarterly training may consist of 8 hrs, 24 hours or up to 48 hours. With-in 1 calendar year 4 scheduled Quarterly Training Exercises will be scheduled. Team Members are required to attend a minimum of 2 of these Quarterly Trainings. If such said amount of 2 quarterly trainings are not attained by the Team Member with-out just cause ex. (Military or Board Approved Miss) the individual will be placed on probation, by the Board, for 6 months in which that members is required to attend both consecutive quarterly trainings with-in that 6 months. If such amount is not attained then said member shall be removed from the Membership Roster, by the Board.

 

Section 3: Team Member Monthly Meeting

A. Monthly Team Meetings will be scheduled to conduct membership & agency business; totaling 12 Regularly Scheduled Team meetings with-in a calendar year.

B. Team Members are asked  to attend a minimum of 5 regularly scheduled team meetings in a calendar year, but shall not be considered a Member in Bad Standing if the 5 meetings aren’t attained as so far as  the individual is current with all scheduled training required by Article X Sections 1 & 2. If Team Member does not attain the minimum 5 regularly scheduled meetings and isn’t current on all training set forth in Article X, Sections 1 & 2 than the Team Member shall be placed on 6 month probation and be considered as a Member in Bad Standing. With-in that 6 month probationary period, the Team Member will have to attend a minimum of 2 Regularly Scheduled Meetings and 3 Regularly Scheduled Trainings. If the Team Member does not attain this minimum requirement with-in the 6 months, such said Team Member will be removed from the Team’s Roster by the Review Board .

C. It is not the Teams intent to burden the Team Member with continuous drive time to attend monthly meetings from some distance away, so the Team shall put in place a second option of attending Team Meetings via Internet Conference Bridge. These Online Conferences shall make it more accessible for all Team Members to participate in every meeting. This Online Conference shall be organized and established by the Review Board and may possibly require Team Members to subscribe to an online account for accessibility. This in no way should become a financial burden on said Team Members so it is the responsibility of the Review Board to determine the best means appropriate to enable this Online Conference.

 

 

 

 

ARTICLE XI

Charter Members

Section 1. Names of Charter Members

A. The listed below members of East Kentucky Trackers are hereby listed as the Charter Members for this organization. The listing in section B. derived from the members in attendance and application completed on the 1st Organizational Meeting of the East Kentucky Trackers on November 19, 2011 at 2:00 pm

B. Clay Corbett, Founder          Kenneth Forsyth, Board                           Shawn Stump, Board

Doug Tackett, Board                   Tim Johnson, Board                                   Jerry Griggs

John Willoughby                         Racheal Isaac Greer                                     Jason Greer

Richard Johnson                         Greg Akers                                                       Mark Ryan

John May                                        James Billiter                                                 Michael Warrix

Harold Slone                                  Paul Miles                                                       Sean Blair

Nicholas Sparks                           Amos Conn

 

ARTICLE XII

Dissolution of the Organization

Upon the dissolution of this organization, assets shall be distributed for one or more exempt purposes with-in 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 a state or local government affiliated Search & Rescue organization(s) in the State of Kentucky as approved by the Review Board of the East Kentucky Trackers.

ARTICLE XIII

Acceptance

Section 1. Acceptance of by-laws:

A. It is hereby certified that these by-laws of the East Kentucky Trackers have been unanimously approved by the Members present at the meeting held on November 19, 2011.

 These bylaws are the only valid by-laws of the East Kentucky Trackers and are effective immediately.

Signed:

Clay Corbett, Founder _______________________________Date___________________

, Chair ____________________________Date__________________

          Adopted & Approved:    November 19th, 2011   Revised & Approved: November 12th, 2012