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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;
BYLAWS OF THE UNITED FARMERS AGENTS
ASSOCIATION, INC.
Revised June 29, 2004
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 two (2) 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.
The President, Secretary, Director of Media Relations, Director of Legal
Activities, and Board Director at Large are elected on even numbered
years, and the Vice President, Treasurer, Membership Director, and
Director of Governmental Affairs are elected on odd numbered years. 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 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 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.
UFAA
Bylaws, Revised June 21, 2005 |
