PREAMBLE
Whereas, The primary objective of
this Association is to encourage the development of
a bilateral agents appointment agreement through
meaningful communications and other lawful means;
and
Whereas, The general objectives of the Association
are;
1. To create meaningful communication between
company and agents;
2. To improve professional status in the community;
3. To improve company-client
relationship;
4. To improve agent to agent
relationship;
5. To maintain and encourage the use
of the professional code of ethics;
6. To stand united to accomplish
these objectives;
Resolved, That we join together and subscribe to the
following specific security objectives of the
Association;
1. That we have a two way negotiated contract;
2. That for rendered services,
contractual compensation schedules encompassing full
commission of all premiums be given;
3. That agents receive ownership of
all policies and expirations;
4. That termination be for just
stated cause only;
5. That discrimination of agent or
agent authority be ended;
6. That we foster cooperation, for
mutual benefit, between other agent associations;
Revised August 2, 2007
ARTICLE I
Members
Section 1. Membership in the Association shall be
limited to the following classes:
a. Regular Members: Farmers Insurance
Agents with an in force Agent Appointment Agreement.
b. Associate Member: Former agents of
Farmers Insurance Group who no longer have an in
force Agent Appointment Agreement and who are not
employees, agents or representatives of an insurance
company that offers one or more of the same lines of
insurance as Farmers Insurance Group. Associate
Members may be elected as delegates to the National
Convention, hold Chapter office, and be elected to
the Executive Board.
c. Affiliate Member: Any person or
organization not qualifying under subsections “a” or
“b” as an Affiliate member, if sponsored by a
Regular or Associate Member. Affiliate members as a
Member Emeritus may be elected as a Chapter Officer
or as a delegate to the National Convention, but may
not be elected or appointed to a National Office.
All Other Affiliate members may attend Chapter and
Convention functions, but may not be elected or
serve as a delegate to the National Convention, or
as a Chapter or National Officer.
Section 2. Dues shall be remitted to the National
Office annually, semi-annually, by check, money
order, credit card or by automatic bank draft in
amounts as determined by the Assembly. Twenty-five
percent (25%) of the dues will be returned to the
local Chapters from the National Treasury. The
Treasurer shall mail annual and semi-annual dues
renewal notices in advance. If ninety (90) days
elapse after the renewal date, the member shall be
dropped from the membership rolls. Dues paid by
automatic draft that become delinquent, and are not
brought current in ninety (90) days, shall cause the
member to be dropped from the membership rolls.
Section 3. The fiscal year of the Association shall
be April 1 through March 31.
Section 4, a A member may be recognized by the
Assembly majority as a Member Emeritus for
exceptional and meritorious service. This honor
bestows lifetime membership and waives all dues. A
Member Emeritus may be elected as a Chapter Officer
and as a Delegate to the National Convention but may
not be elected or appointed to a National Office
unless they qualify as a Regular or Associate
Member.
Section 4, b. A Regular or Associate Member may be
nominated for the honor of Member Emeritus by a
Regular Member. The nomination is to be submitted in
writing and should state the nominee’s meritorious
service to UFAA. The nomination shall be signed by
the originator and two other regular members and
should be submitted to the National Office thirty,
(30) days prior to the next convention. The National
Board will place it on the agenda at the next
convention. A 2/3 vote by the attending delegates
will be required for approval of Member Emeritus
status.
ARTICLE II
Officers
Section 1. The officers of the Association shall be
a President, a Vice President, a Secretary, a
Treasurer, a Membership Director, a Director of
Media Relations, a Director of Legal Activities, a
Director of Governmental Affairs, a Board Director
at Large, and a Historian. These officers shall
perform the duties prescribed by the bylaws and the
parliamentary authority adopted by this Association.
Section 2. The officers shall be elected by secret
ballot, if there is more than one (1) candidate, to
serve three (3) years or until their successors are
elected. Their term of office shall begin at the
close of the National Convention at which they are
elected. If a candidate fails to receive a majority
vote on the first ballot, on the second ballot the
candidate receiving the highest number of votes is
elected. Each position carries a three (3) year
term. The positions are grouped and shall be elected
on a rotation basis. The President, Legal Activities
Director and Membership Director will be grouped and
elected for a three (3) year term. The Secretary,
Director at Large and Director of Media Relations
will be grouped and elected for a three (3) year
term. The Vice-President, Treasurer and Director of
Governmental Affairs will be grouped and elected to
a three (3) year term. The Historian shall be
appointed by the President and confirmed by Board
majority, and shall be advisory in nature, and shall
hold no vote in Board decisions.
Section 3. The duties of the officers of UFAA
are as follows:
PRESIDENT: The elected leader of UFAA,
presiding over the Assembly.
VICE PRESIDENT: The elected second-ranking
officer of UFAA, subordinate to only the President
and may succeed him.
SECRETARY: The Secretary is responsible for
recording, writing, and disseminating minutes and
reports from the Assembly and Executive Board. The
Secretary issues notices of elections and other
events to the membership in a timely manner. The
Secretary shall keep a complete record of
proceedings and correspondence of the Board and
Assembly, and shall send notice and minutes of
meetings to each Delegate as may be required unless
it is the minutes of the Executive Board meeting.
The Secretary shall function in other clerical
duties usual and customary to the office of
Secretary.
TREASURER: The Treasurer is responsible for
recording, writing and disseminating financial
reports, as well as receiving, accounting for, and
disbursing funds of the Association.
The Treasurer shall make payments only for bills
properly approved by the President and all checks
shall require the signature of the President and the
Treasurer, or an alternate Board member chosen by
the Board. The Treasurer shall prepare and submit to
the Assembly an annual financial statement, based on
an audit and statement prepared by a Certified
Public Accountant. A two-year proposed budget shall
be prepared by the Treasurer and submitted to the
Assembly at the Convention for their approval. The
Treasurer shall maintain a roll of membership.
MEMBERSHIP DIRECTOR: The Membership Director
is in charge of increasing and maintaining
membership in UFAA.
DIRECTOR OF MEDIA RELATIONS: The Director of
Media Relations solicits articles, writes articles,
works with the National Office, coordinates
publication schedule and assists in securing
advertisers for the association's magazine, "The
Voice". This position also assists local Chapters in
producing newsletters, soliciting and pricing
advertising gives ideas for articles and serves as a
resource and information center for all Chapters
that publish newsletters. This position may collect
minutes from Chapter meetings, forwards information
and ideas for meetings to other Chapters, assists in
and maintains ideas on continuing education for
Chapters. This position works closely with the
National Historian to track appropriate information.
DIRECTOR OF LEGAL ACTIVITIES:
The Director of Legal Activities will 1) Advise the
Executive Board on planned, past or current legal
matters that may effect the Association or it’s
members. 2) Chair a Legal Committee, if one is
constituted by the Assembly, President or majority
of the Executive Board, to review requests for
financial assistance from Members. 3) Exchange
relevant information with Association members or
their attorney(s) on legal matters and, upon the
majority vote of the Executive Board, to non-members
attorneys. 4) Obtain and review legal pleadings of
all types and in all cases that may be important to
Association Members. The Director of Legal
Activities, if licensed to practice law, shall not
solicit for representation, represent or charge any
current or former Association member or their
immediate family members while serving in this
position.
DIRECTOR OF GOVERNMENTAL AFFAIRS: The
Director of Governmental Affairs officer serves as a
clearinghouse for legislative issues and as liaison
with associations of interest to UFAA.
BOARD DIRECTOR AT LARGE: The duties of the
Board Director at Large are as directed by the
President.
HISTORIAN: This position, filled by an
appointment from the President and confirmed by the
Executive Board majority, is charged as Association
archivist, seeking, reading, sorting, and indexing
information useful to UFAA. The Historian should
regularly provide articles for "The Voice".
Section 4. The National Headquarters of the
Association shall be determined by the newly elected
Executive Board.
Section 5. No member of the Association shall
hold more than one office at a time, but may succeed
themselves in any office indefinitely.
ARTICLE III
Meetings
Section 1. The National Convention shall be
held at least once in the calendar year for the
purpose of electing officers, receiving reports of
officers and committees, and for any other business
that may arise.
Section 2. The government of the Association
shall be vested in an Assembly, composed of one (1)
Delegate vote per ten (10) Chapter members and the
elected National Officers, as of ninety (90) days
prior to the National Convention.
Section 3. Special meetings may be called by
the President, the Assembly majority, or the
Executive Board majority. Two (2) weeks’ notice of
any special meeting shall be given in writing to the
Delegates of the Assembly. In the event that a
Delegate cannot attend a special meeting of the
Assembly, voting may be done by mail, provided that
it is submitted five (5) days before the meeting.
The purpose of the meeting shall be stated in the
call.
Section 4. All meetings of the Assembly or
the Executive Board shall require a majority
presence to constitute a quorum.
Section 5. The Association shall provide
facilities to have a Chapter President’s meeting
once a year, at least three months prior to the
National Convention. The Association shall bear the
responsibilities for procuring and paying for the
room in which the meeting will be held. The Chapter
President’s meeting shall be conducted under
Robert’s Rules of Order Newly Revised and officiated
by a Chapter President. At the first Chapter
President’s meeting of the year, an election shall
be held to elect the next Chapter President who will
officiate the meetings the following year.
ARTICLE IV
The Executive Board
Section 1. The elected officers of the
Association shall constitute the Executive Board.
Section 2. The Executive Board shall have
general supervision of the affairs of the
Association between National Conventions, fix the
hour and place of the National Convention, make
recommendations to the Association, and shall
perform other duties as are specified in these
bylaws. The Board shall be subject to the orders of
the Association, and none of its acts shall conflict
with action taken by the Association.
Section 3. Meetings of the Executive Board
shall be held at the request of the President, or
the majority of the Executive Board, at a time and
place of their choosing.
Section 4. All contracts and formal documents
must be approved by the Board and be signed by two
(2) elected officers of the Board. No Board officer
may commit to or contract for products or services
without approval of the Board or Assembly.
Section 5. The Manager of the National
Office is in charge of the National Office of UFAA
and acts under the immediate direction of the
Executive Board. The Manager is Ex-officio secretary
of the Executive Board and is responsible for seeing
that the Board’s instructions are carried out. The
Manager is expected to recommend plans of work in
conducting the day-to-day business of the
Association. With the Board’s approval the Manager
will hire and fire other staff members. The Board
shall have the authority to
change the title and duties of the Manager’s
position.
ARTICLE V
Committees
Section 1. The Director of Media Relations
shall chair a standing committee comprised of the
Executive Board members, and the Historian, for the
purpose of deciding Voice content and direction. The
Director of Media Relations may appoint any other
member to the committee, but such appointments do
not carry voting rights.
Section 2. At the National Convention, a
Nominating Committee of at least five (5) Delegates
shall be elected by the Assembly. It shall be the
duty of this committee to encourage members to run
for office, process applications and present those
applicants to the Assembly. The Nominating committee
shall report to the Delegates to the National
Convention, in writing, one (1) month before the
National Convention. At the National Convention
additional nominations from the floor shall be
permitted.
Section 3. Standing or Special Committees,
shall be appointed by the Assembly, President or a
majority of the Executive Board from time to time as
deemed necessary to carry on the work of the
Association. The President shall be ex-officio a
member of all committees except the Nominating
Committee. The President may appoint replacement
members to fill vacancies on any committee, subject
to Board approval.
Section 4. At the National Convention, a
Bylaw Committee of at least three (3) members, one
of whom is the Secretary of the Association; the
other two (2) shall be appointed by the President
and approved by the Assembly to serve until the next
convention. It shall be the duty of this committee
to review submitted amendments for correct wording,
intent and possible conflicts with other existing
bylaws. The committee will contact the originator
for clarification and/or proposed changes to comply
with other bylaws or wording of said amendment. The
committee shall not be empowered to deny an
amendment. The committee may, at their option,
render an opinion on the amendment.
ARTICLE VI
Chapters
Section 1. A Chapter will be certified after
submitting the names of ten (10) members and
petitioning the Association for a Chapter Charter
and the petition is approved by a majority vote of
the Executive Board. The decision of the Executive
Board must be given within ninety (90) days of
receipt of the petition, and if denied, reasons for
the denial. A Chapter shall be decertified if
membership becomes less than ten (10) members, or
the Chapter has not notified the National Secretary
of the prescribed Chapter Officers and Delegates. A
Chapter shall have thirty (30) days after the end of
the calendar year for such notification.
Decertification is the removal of a designated local
Chapter assignment and automatically assigns any
member in good standing (defined as a member whose
dues are current) to the confidential Chapter 99.
Section 2. Each Chapter will elect officers
during the last quarter of the calendar year. The
officers shall consist of a President, Vice
President, Secretary, and Treasurer. There shall be
thirty (30) days written notice given prior to
election, and election results published thereafter.
Officers shall take office effective one (1) January
next, and serve for a term decided by the Chapter
bylaws, or until their successors are elected.
Section 3. Chapters will meet to elect their
Delegates to the Assembly during the last quarter of
the calendar year. Delegates shall take office
beginning one (1) January next, and shall serve for
a one (1) year term, and may succeed themselves
indefinitely. At least one Delegate must attend the
National Convention to maintain the Chapter's
certification and it is the Delegates duty upon
returning to their Chapter to give a report of the
National Convention.
Section 4. Each certified Chapter will
be required to give a written audit of the rebated
funds to the National Treasurer each February 1st.
Failure to provide the audit on or before March 31st
will cause that Chapter to forfeit future rebates
until the audit is received. In the event of the
forfeiture of the Chapter rebates, all Chapter
Members will be notified by the National Office
mail. An audit form will be sent to each Chapter
Treasurer by the National Treasurer.
ARTICLE VII
Removal From Office
Section 1. A Chapter Officer or Delegate
shall be removed from office by a two-thirds (2/3)
vote of "No Confidence" by the Chapter. A
replacement must be selected by the Chapter within
thirty (30) days.
Section 2. A Board Officer may be removed
from office by a two-thirds (2/3) vote of "No
Confidence" by the Assembly. This vote may be
conducted by mail or email if delegates representing
at least forty percent (40%) of the Chapters support
the motion and have given written notice of such
support to the President or the Executive Board. The
vote by mail or email shall be handled by a person
or persons designated by the Executive Board
majority. Appointed officers may be dismissed by the
President. The President, subject to the
confirmation of the Board majority will appoint
replacements for offices left open, until the
election at the next convention, and unless it is
the Vice President succeeding the former President.
ARTICLE VIII
Parliamentary Authority
The rules contained in the current edition of
Robert's' Rules of Order Newly Revised shall govern
the Association in all cases to which they are
applicable and in which they are not inconsistent
with these bylaws and any special rules of order the
Association may adopt.
ARTICLE IX
Amendments to the Bylaws
These bylaws may be amended at any National
Convention by a two-thirds (2/3) vote, provided that
the amendment has been submitted in writing as
follows: The amendment must be clearly stated, must
show the Article and Section being amended, must
contain a written “Reason for Change” and must be
signed by the originator and at least two (2) other
members in good standing. The Bylaws Committee must
receive amendments to the Bylaws, including all of
the above items, ninety (90) days prior to the
National Convention. The proposed changes will be
sent to the delegates, at least thirty (30) days in
advance of the National Convention. By a majority
vote of the Delegates at a National Convention, the
thirty (30) day notice requirement for that year’s
Convention may be reduced to twenty (20) days, if
there is any question that the thirty (30) day
notice requirement was not met.
ARTICLE X
Indemnification
The Association shall indemnify its directors,
officers, agents, employees and servants for any
cost, expense or liabilities incurred as a result of
the performance of their duties as provided in the
State Of California Revised Statues, and any
amendments thereto. This indemnification shall also
extend to those persons who have ceased to be
directors, officers, agents’ employees or servants
of the Association.
ARTICLE XI
Dissolution
In case of dissolution of this Association all
assets remaining after payment of authorized
expenditures shall be distributed to an organization
which qualifies for tax exemption as provided under
the Internal Revenue laws of the United States of
America, no part to be distributed to any private
individual or member.