FRATERNAL ORDER OF BORDER AGENTS

BYLAWS

ARTICLE I - ORGANIZATION

The Fraternal Order of Border Agents may authorize State, and/or Regional or Local Chapters. These Chapters shall be subservient to and under the direction of the National Organization.


ARTICLE II - MEMBERSHIP

There shall be a Membership Committee composed of a Chairman and two Members appointed by the President.

There shall be three classes of Membership: REGULAR, ASSOCIATE, and HONORARY.


REGULAR: A REGULAR Member shall have the right to one vote and shall have the right to hold office. To be eligible to be a REGULAR Member, a person shall:

(a) Have been an 1811 Agent in a Federal investigative service and assigned to and living on the Mexican Border for a period of at least three years; or

(b) Have been an 1811 Agent in a Federal investigative service for a period of at least three years and currently assigned to a post of duty on the Mexican Border in an 1811 position; or

(c) Have been a Federal law enforcement officer assigned to, and living on the Mexican Border for a period of at least three years, and currently serving in an 1811 Agent position; or

(d) Have had, or currently has, direct supervisory responsibility for the US/Mexico Border law enforcement activities of the 1811 Agents of a Federal investigative service.


ASSOCIATE: To be eligible to be an ASSOCIATE Member, a person shall:

(a) Have been an 1811 Agent in Federal service or have been in a comparable position in the State or local employment sector and on many occasions conducted criminal investigations with a Federal law enforcement office on the US/Mexico Border; or

(b) Be the spouse of a Regular Member in good standing;1 or

(c) Be the surviving spouse of a deceased Federal criminal investigator who met the eligibility requirements for Regular Membership.


HONORARY: To be eligible to be an HONORARY Member, a person shall be of good reputation and character, who possesses no criminal record (arrest and conviction for felony or moral turpitude) and who has made substantial contributions to the aims and objectives of this organization. This person shall be nominated by letter from a Regular Member to the Chairman of the Membership Committee for consideration. The letter shall outline the accomplishments of the perspective Honorary Member, and vouch for his character and veracity.1,3

Applications for Membership shall be by standard application form submitted by the candidate to the Membership Committee for approval or disapproval.3 Approval or disapproval of an application by the Membership Committee shall be final unless overturned by a two-thirds (2/3) vote at the Annual Membership Meeting.


All Membership applications submitted to the Membership Committee shall be confirmed as meeting the basic eligibility requirements described above. In addition, the Committee shall confirm all candidates as having good moral character. Good moral character is defined as having no record of arrest and conviction for criminal conduct or moral turpitude; or being deranged; or asked to resign or resigning from public employment, as the result of any serious misconduct.


In the event a questions arises regarding the qualifications of either a Member or an applicant,3 the Membership Committee shall provide written documentation as to any and all facts pertaining thereto, and same shall become a part of that file.


All rejections or expulsions from Membership shall be initiated by the Chairman of the Membership Committee and approved by the President . Such actions are subject to review by the Board of Directors and/or the General Membership at the Annual Membership Meeting, and may be changed, modified and/or amended by these bodies. Rejections or expulsions from Membership may also be raised from the floor at the Annual Membership Meeting and if the qualifications of a candidate or a Member are in violation of the foregoing standards, then said Membership shall be be subject to rejection or expulsion.


ARTICLE III - ANNUAL MEETINGS

There shall be an Annual General Membership3 Meeting, the date, time and place of which shall be selected at the prior Annual Membership Meeting.


ARTICLE IV - CONFERENCE COMMITTEES

There shall be a Conference Committee and its Members shall be appointed by the President. The duties of the Committee shall be to arrange accommodations at the Conference site for all meetings, activities and entertainment and to also arrange for all means of transportation at the Annual Membership3 Meeting.


ARTICLE V - DUTIES OF OFFICERS

THE PRESIDENT shall have the responsibility of general management of the organization. The President shall have the authority to authorize the payment of bills by the Treasurer. In the event the Treasurer is unable to perform the duties, the President shall be authorized to appoint an interim Treasurer until the next Annual Meeting and election. The President shall have the power to speak on behalf of the organization when it is not feasible to call a Board Meeting or a General Membership Meeting. The President shall preside at all meetings; shall be the Association’s representative at all functions, ceremonies, etc.; and shall have the power to sign a contract on behalf of the organization when it has been approved by the Board of Directors and/or the General Membership.

The President shall have the power to appoint any position, committee, sub-committee or vacant position on the Board of Directors until an election can be held at the next General Membership Meeting.


THE VICE-PRESIDENT is to act in the capacity of the President when the President is not available or when so directed by the President. He is to chair committees and perform other assignments as requested by the President.


THE SECRETARY shall be responsible for all correspondence for the organization and all other communications, including the taking of minutes at all General, Special and Board meetings. In order to perform these objectives, the Secretary shall have a petty cash fund for all communications, mailings and stationary expenses.


THE TREASURER shall be the accountant/bookkeeper and custodian for all monies and assets of the organization, and as such is authorized to pay all authorized bills and debts. The Treasurer shall maintain a current Directory of Members (of all categories) along with their current addresses and phone numbers. It shall be the further responsibility of the Treasurer to have this Membership Directory published and distributed annually to the Membership.


THE EXECUTIVE DIRECTOR shall be a high exposure representative of the organization who is responsible to the President on all matters. He shall be appointed by the President and approved by the Board of Directors. His duties shall include, but not be limited to, implementing the policies and programs of the Fraternal Order of Border Agents, its Board of Directors, and its President; ensuring the timely publication of QUE PASO in keeping with expected high standards of excellence; the printing and distribution of the Directory of Members in conjunction with the Treasurer; organizing and arranging for all Board Meetings and the Annual Membership Meeting; administering the day to day financial and operational activities of the Fraternal Order of Border Agents in a manner accountable to the President and the Board of Directors and responding to the requests and directives received from Officers or Board Directors.2


ARTICLE VI - NOMINATION AND ELECTION

An election shall be held at each Annual Membership Meeting as set forth in the Constitution, i.e., the President, Secretary and the Director positions 1 and 3 shall be elected in the odd numbered years. The Vice-President, Treasurer and Director positions 2 and 4 shall be elected in the even numbered years.3,5

In order to be elected to an Officer position, a Member must receive a majority of the votes cast for that position. If no candidate receives a majority vote on the first ballot, the two Members receiving the most votes shall be candidates in a run-off election.


The candidate receiving the most votes in that run-off election shall be declared to be elected to that Officer position.3


An election will be held annually for vacant Board of Director positions. Those candidates receiving the largest vote totals corresponding to the number of vacancies shall be jointly declared to be elected to the vacant Director positions. The newly elected Directors will then draw lots for their order of placement in the vacant numbered positions.3


The President shall appoint a Special Committee of Members, not serving on the Board of Directors, to serve as a Nominations Committee for vacancies in the positions of President, Vice-President, Secretary, Treasurer and the six Director positions, and any other elective positions which may be authorized.3

It shall be the responsibility of the Nominations Committee to nominate two Members, who agree to stand for election, to fill each vacant position in the offices of President, Vice-President, Secretary and Treasurer. If an incumbent officer chooses to be a candidate for reelection, one of those nominated for that position shall be the incumbent unless by a majority decision the Committee determines that it is in the best interests of FOBA not to nominate the incumbent.3


The Nominations Committee will also nominate a sufficient number of candidates so that there will be the equivalent of two candidates for each Director position scheduled for election. If an incumbent chooses to be a candidate for reelection, one of those nominated for Director shall be that incumbent, unless by a majority decision the Committee determines that it is in the best interests of FOBA not to nominate that incumbent.3


The President shall also appoint a Special Committee of Members not serving on the Board of Directors, with the power to function as an Election Committee. Its duties will be to solicit additional nominations from the Membership for each vacancy (but no Member may nominate more than one candidate for each position); to prepare, distribute, collect , and count the ballots; and to announce to the Membership the results of the election for each position.3


In the event the Election Committee is confronted by a situation not covered by the Constitution or By-Laws and therefore requires more explicit instructions, those members of the Board not candidates for election shall convene themselves into a Special Purpose Committee with the President or Vice-President as Chairman. This Special Purpose Committee shall have he power to resolve the matter consistent with the Constitution and By-Laws and in the best interest of the Fraternal Order of Border Agents by specific instructions to the Election Committee, which shall be bound thereby.3


ARTICLE VII - AMENDMENTS

An amendment to the By-Laws shall be accomplished in the same manner and by the same procedure as an amendment to the Constitution.


ARTICLE VIII - DUES

The Fraternal Order of Border Agents is a non-profit organization and dues shall be set accordingly. Dues shall be recommended by the Board of Directors and approved at the Annual Convention by the Membership present Any surplus of monies may be spent for any authorized purpose, or may be held in reserve for any future contingencies.


ARTICLE IX - CONFLICT

Should any conflict arise between the Constitution and By-Laws or the policies of any Local Chapter, the Constitution, By-Laws and the Policies of the Fraternal Order of Border Agents shall be controlling and supreme, according to the foregoing order and priority.

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1. Amended, Las Vegas Membership Meeting, 1986.  4. Amended, Tucson Membership Meeting 2011.

2. Amended, San Diego Membership Meeting, 1987.  5. Amended, Waco Membership Meeting 2012.

3. Amended, Albuquerque Membership Meeting, 1992.

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