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Landscape Maintenance Association
658 Gates Creek Rd.
Bradenton, Florida 34212
Phone: 941/714-0459                     Fax: 941/714-0462
E-Mail: Lmaflorida@aol.com

 

Bylaws of Landscape Maintenance Association, Inc.
ARTICLEI - INTRODUCTION
Section 1.1.Definition of Bylaws:These Bylaws Constitute the code of rules adopted by Landscape Maintenance Association, Inc. for the regulation and management of its affairs.

Section 1.2.Purposes and Powers:This Corporation will have the purposes or powers as may be stated in its Articles of Incorporation, and such powers as are now or may be granted hereafter by law.

ARTICLEII - NAME, LOCATION, BUSINESS YEAR

Section 2.1.Name: The name of the Association shall be Landscape Maintenance Association, Inc.

    The name, seal, and logo are the exclusive property of the Association.

    The name, seal, and logo of the Association are reserved for the exclusive use of the Members of the Association only while they are current Members of the Association.

    Members agree as a condition of Membership that if their Membership is terminated for any cause they will cease to display the name, seal, or logo of the Association in any form.

Section 2.2.Location: The office of the Association shall be located in Pinellas County, Florida or in such other location as shall be determined by the Board of Directors.
Section 2.3.Business Year:The fiscal year of the Association shall be the calendar year.The business year for change of officers shall be concurrent with the fiscal year.
Section 2.4.The affairs of the Association when not spelled out in these bylaws shall be conducted in accordance with the general provisions of Roberts Rules of Order (Latest revision).The records and meetings of the Association are open to the public upon request.No person shall be denied membership because of gender, race, color, religion, or physical handicap.


ARTICLEIII - OBJECTIVES

The objectives of the Association shall be to:

    Provide an effective voice for the Landscape Maintenance Industry.

    Measure the size and economic impact of the Landscape Maintenance Industry.Encourage research and education in Landscape Maintenance both within the educational system and within the private sector.

    Attain recognition of Landscape Maintenance as a distinct and important segment of the Horticulture Industry.

    Establish standards for the Landscape Maintenance Industry.

    Increase the educational level of individuals in the Landscape Maintenance Industry in both technical and business management activities and skills.

    Establish safety standards and provide safety education.

    Establish a positive program for protection of the environment in Landscape Maintenance practices.

    Encourage and enhance cooperation with other segments of the 'Green Industry'.

ARTICLEIV - MEMBERSHIP
Membership shall be open to any firm or person engaged in or having a direct interest in landscape maintenance or individuals or firms supplying materials or services to the Industry, and to educators and students in any of the fields directly related to the Industry.
Section 4.1.Qualifications:Applicants for Membership must meet the standards of conduct prescribed in the Association's code of Ethics and must agree to adhere to the Code of Ethics.
Section 4.2.Admission:Applicants shall be accepted as Probational Members upon submission of a signed application, and payment of the first year's dues. The Executive Director shall furnish the names of all Probational Members to the membership at least once every 60 days.Members will have 60 days time in which to object to acceptance of a probational member.Objections must be based on either the lack of basic eligibility or failure to meet qualifications set forth in Section 4.1 above.Probational Members will be accepted to full Membership at the end of the 60-day period if no objections have been made.If any Member files an objection, the Membership Committee shall make recommendations to the Board of Directors for disposition of the application under the same procedures prescribed for removal from Membership.Probational Membership shall be continued until the Board of Directors has completed action.Probational Members shall enjoy the rights of membership except they may not use the logo or emblem of the Association on stationery, business cards, or in any form of advertising.

[Temporary provision. Charter Members.
Members who join the Association prior to adjournment of the First Annual Meeting shall be Charter Members. The admission provisions of Section 4.2 shall not apply to Charter Members.During the period for Charter Membership applicants will be accepted as members in the appropriate category upon submission of a signed application and payment of dues.The provisions of all other Sections of this Article apply to Charter Members.]

Section 4.3.Membership year:The applicant membership year will begin on the first day of the month following the month of submission of application with appropriate dues.

Section 4.4.Membership classification: Voting members:Voting members are entitled to all of the organizations mailings and other benefits, and are entitled to participate in all activities of the organization including the right to vote and to hold office.

    Active Members:Members who are engaged in landscape maintenance or closely related activities shall be classed as Active Members.Active members shall be voting members.

    Educator Members:Members who are full time educators shall be eligible for Educator Membership.Educator Members shall be voting members.

    Allied Members:Members who provide materials or services to the industry shall be classified as Allied Members.Allied Members shall be voting members, but shall not be eligible for general elective office.Allied members shall be eligible for election to the Allied Member Director.

Section 4.5.Membership Classification:Non-voting Members: Non-voting members are entitled to all of the rights of membership except the right to vote and to hold office.
    Associate Membership: Associate Members shall be non-voting members. Members who qualify under of the following provisions shall be Associate Members.
    Employees of a Sponsoring Member may become Associate Members.

    Full time students shall be eligible for Associate membership, however a student working more than 20 hours per week in Landscape Maintenance Industry shall be ineligible for Associate Membership.

    Friends of the Landscape Maintenance Industry and retired Landscape Maintenance Professionals may join as Associate Members.

    Honorary Members:The Board of Directors may elect retired members or individuals who have provided outstanding service to the industry to Honorary Membership.
Section 4.6.Business Membership and Sponsoring Membership:
    Any business entity may become a Business Member.Business Membership shall entitle the business to one Active Membership or one Allied Membership, if qualified under Section 4.4.a. or Section 4.4.c., and to one Associate Membership.

    Any individual or business entity may become a sponsoring member.Sponsoring membership shall entitle the individual or business entity to one Active Membership or one Allied Membership, if qualified under Section 4.4 a. or Section 4.4 c. or to one Associate Membership; and to additional Associate Memberships and/or additional benefits as established by the Board of Directors.

Section 4.7.  Removal of Membership:
    Members may be removed from Membership for failure to adhere to the Association's Code of Ethics.Any member or non-member may lodge a complaint in writing, which must give specific information as the alleged failure to adhere to the Code of Ethics.The Standards of Professional Practices Committee shall investigate complaints and make recommendations to the Board of Directors.If the recommendation is for removal from membership, the Board of Directors shall conduct a hearing at which the charged member shall have the right to question the person bringing the complaint and to present evidence on his behalf.The Board of Directors may remove the member on a two-thirds vote of those voting.

    Members will be automatically removed from membership if dues are not paid within 30 days following expiration of the membership year.

    A member removed for cause other than non-payment of dues may not apply for re-admission as a member for one year following removal.

    A member removed for non-payment of dues may be reinstated at any time during the delinquent membership year by payment of the back dues plus any reinstatement fee, which had been established.


ARTICLE V - MEETINGS

Section 5.1.Annual meeting:The annual meeting of the membership shall be held at a time and place designated by the Board of Directors, providing that the date shall be at least 30 days and not more than 90 days prior to the close of the fiscal year.Notice of the annual meeting shall be distributed by mail to the membership at least 60 days prior to the meeting.

Section 5.2.Special meetings:The Board of Directors may call a special meeting of the Association if in their judgment there is business so pressing that it must be acted on prior to the next Annual Meeting and action cannot in their judgment be completed by the Board of Directors.

    The business to be acted upon at any special meeting shall be stated in the notice and no other business shall be considered at that time.

    Written notice of any special meeting of the Association shall be mailed to the address of record of each voting member not less than ten (10) days prior to the date of the Special Meeting.

Section 5.3.Voting:At all meetings of the Association each voting member shall have one (1) vote and votes shall be cast in person only.

Section 5.4.Quorum:
A quorum shall consist of those voting members present at the meeting.


ARTICLE VI - OFFICERS

Section 6.1.Election of officers:The elected officers of the Association shall be a President, a Vice-President, a Secretary, and a Treasurer.The officers shall be elected by the membership by mail ballot certified at the annual meeting of the Association.

Section 6.2.Term of Office:Each elected officer shall serve a term of one (1) year or until a successor is duly qualified and elected.The term of office will normally begin at the beginning of the business year.

Section 6.3.Qualification for Office:Any voting member in good standing, subject to the restrictions in Section 4.4 C. and below, shall be eligible for nomination and election to any elective office of this Association. Beginning with elections in the year 1990, only persons who have served one year as a Regional Director or as an elected officer shall be eligible for elective office.No business organization or corporate entity shall have more than one elected officer serving concurrently.All operations of a business operating a chair shall be considered as a single entity for this purpose.When a person is elected to an Association Office all other members from that organization or entity shall be ineligible to serve in office.

Section 6.4.  Duties of Officers:

    President:The President shall serve as the presiding officer at all regular and special meetings of the Association, the Executive Committee, and the Board of Directors.He shall make all required committee appointments with the approval of the Executive Committee and shall also serve, ex officio, with right to vote, on all committees except the nominating committee.

    Vice-President:The Vice-President shall perform the duties of the President in the event the President is absent or unable to serve.

    Treasurer:The Treasurer shall be chairman of the Finance Committee, and shall report on the financial condition of the Association at the annual meeting and at all regular meetings of the Board of Directors.At the end of the fiscal year the Treasurer, with the Secretary and Executive Director, shall be responsible for the preparation of the annual report.

    Secretary:The Secretary shall read the minutes at regular meetings, and with the Treasurer and Executive Director, shall be responsible for the preparation of an annual report.

Section 6.5.Removal from Office:Any officer may be removed from office for just cause by a two-thirds majority vote of the Board of Directors.Failure to attend two consecutive Board of Directors meetings without cause shall be considered action sufficient to consider removal.
Section 6.6.Vacancies: the Board of Directors at any regular or special meeting shall fill Vacancies in any elected office for the balance of the term.


ARTICLE VII. - BOARD OF DIRECTORS

Section 7.1.Authority and Responsibilities:General control and administration of the funds, property and affairs of the Association shall be vested in the Board of Directors, which serves in the capacity of a trustee.

    The Board of Directors may adopt such rules and regulations for the conduct of its business as shall be deemed advisable.Such rules and regulations shall not be in violation of any provision of these bylaws.

    The Board of Directors shall establish Association policies and maintain general control over the affairs of the Association.

    The Board of Directors exercises final authority over all membership matters including election to membership, censure, expulsion from membership, an enforcement of the Code of Ethics in compliance with the bylaws.

    The Board of Directors sets the date and determines the place for the annual business meeting of the membership at least one year in advance of the meeting.

Section 7.2.Composition of the Board:The Board of Directors shall be composed of the four elected officers, the immediate Past President, two Regional Directors from each geographic region, and one Allied Member Director.
    No business organization or corporate entity shall have more than one member on the Board of Directors.All operations of a business operating a chain shall be considered as a single entity for this purpose.When a person is elected to an Association Office or as a Regional Director, all other members from that organization or entity shall be ineligible while that person is serving on the Board of Directors.If an officer and a Regional Director are concurrently elected from the same entity the Regional Director shall be ineligible.If two Regional Directors are concurrently elected from the same entity, the newer of the two in terms of Association Membership (based on membership number) will be ineligible.

    A majority of the Board of Directors must be Active Members. When the election of an additional Educator Member to the Board of Directors would cause the Active Member composition of the Board of Directors to be in the minority, the newly elected Educator Member will be disqualified.

Section 7.3.Regions:The Board of Directors shall determine the number of regions and the geographic composition of each region.

Section 7.4.Term of Office:
Regional Directors shall be elected for a two-year term.One Regional Director will be elected from each region each year.Regional Directors may serve two consecutive terms but may not be elected to a third consecutive term.

Section 7.5.Election of Regional Directors:
Regional Directors shall be nominated by the Nomination Committee and elected by mail ballot from the members.

Section 7.6.Allied Member Director:
The Allied Member Director shall be nominated by the Nomination Committee and elected by mail ballot from the members.

Section 7.7.Alternate Director:
The Alternate Director shall be elected in each Region and an Alternate Director shall be elected for the Allied Member Directors.Alternate Directors shall serve a one-year term of office and be authorized to stand in for either of the Regional Directors from their region, or either Allied Member Directors for the Allied Alternate.Alternate Directors shall have a vote only when standing in for a Director.Alternate Directors shall be nominated by the Nomination Committee and elected by mail ballot from the members.

Section 7.8.Meetings of the Board of Directors:Regular meetings of the Board of Directors shall be held four times per year.Members of the Board of Directors shall be notified at least 30 days in advance of regular meetings.Special meetings of the Board of Directors shall be convened on call of a majority of the Executive Committee or on call of a majority or six (6) members; whichever is less, of the Board of Directors.Members of the Board of Directors shall be notified at least seven (7) days in advance of a special meeting of the Board of Directors.

Section 7.9.Quorum of the Board of Directors:A quorum of the Board of Directors shall be fifty percent (50%) of the Board of Directors.

Section 7.10.Removal from Office:Any Director may be removed from office for just cause by a two-thirds majority vote of the Board of Directors.Failure to attend two consecutive Board of Directors meetings without cause shall be considered action sufficient to consider removal. 

Section 7.11.Vacancies: Vacancies in the Board of Directors shall be filed for the balance of the term by the President with the approval of the Board of Directors.


ARTICLE VIII - CHAPTERS

Section 8.1.Local Chapters:Local chapters may be established whenever 15 or more members from a county or larger easily identified geographic area desire to form a chapter.The Board of Directors shall approve the formation of a chapter.

Section 8.2.Chapter Membership:All members within the geographical boundaries of the chapter shall be members of the chapter.

Section 8.3.Chapter Funds:The Board of Directors shall work with local groups in establishing procedures to provide funds necessary for the operation of chapters, which may include rebate of a portion of the state dues when appropriately budgeted.

Section 8.4.Chapter bylaws:Bylaws established by a chapter shall not be in conflict with these bylaws.


ARTICLE IX - EXECUTIVE DIRECTOR

Section 9.1.Appointments:The Board of Directors on recommendation of the Executive Committee shall appoint an Executive Director who shall serve at their discretion and they shall determine his compensation.

Section 9.2.Responsibilities:The Executive Director shall be responsible for carrying out the provisions of these bylaws as defined in policies established by the Board of Directors.The Executive Director shall be responsible for maintaining the records of the Association, and its members, for proper and legal mailing of notices to members, and the recording of proceedings of the Association, the Executive Committee, and the Board of Directors.The Executive Director shall prepare invoices for membership renewal which shall be mailed 30 days prior to renewal date, shall collect all member dues, fees and/or assessments, shall issue and sign checks, shall insure proper accounting procedures are utilized in the handling of the Association's funds in such depositories or investments as approved by the Executive Committee.The Executive Director shall be responsible for the preparation of monthly financial statements and an annual report.

The Executive Director shall have an annual compilation of the Association's financial records prepared by an independent certified public accountant.

The Executive Director's duties not specified herein, remuneration, length of service, and additional conditions shall be defined in a contract.


ARTICLE X - FINANCES

Section 10.1.Dues:Annual dues, admission fees, and reinstatement fees, if any, shall be established by the Board of Directors upon recommendation of the Finance Committee.

Section 10.2.Dues Rebates:Upon recommendation of the Finance Committee the Board of Directors may establish a procedure for rebate of a portion of the dues of members to the chapters.

Section 10.3.Members Expenses:The elected officers, directors, and committee members of the Association may be reimbursed for expenses as provided for in the annual budget of the Association


ARTICLE XI - CERTIFICATION

Section 11.1.The Association may establish a program for the certification of individuals working in the field of landscape maintenance.The Education and Research Committee shall act as the Certification Board.The development and administration of the certification program may be contracted but shall be under the supervision of the Certification Board.


ARTICLE XII - COMMITTEES

The Standing Committees of the Association shall be as follows.When not otherwise specified in the Bylaws, each committee shall elect it's own chairman.

Section 12.1.Executive Committee:The Executive Committee shall be composed of six (6) members.

    The four elected officers, the immediate Past President, and the Executive Director shall be the Executive Committee.The President shall serve as Chairman.

    Duties:The Executive Committee shall take action to conduct the business of the Association between meetings of the Board of Directors.Such actions of the Executive Committee shall be reviewed at the next Board of Directors meeting.

    Meetings:Meetings of the Executive Committee may be called by the President or by two members of the Executive Committee.A quorum of the Executive Committee shall be four members.Telephone approval may be substituted for a formal meeting of the Executive Committee when four members of the Executive Committee agree to a course of action.

Section 12.2.Membership Committee:The Membership Committee shall be composed of five (5) members.
    Members of the Membership Committee shall be appointed by the President for three-year terms.

    Duties:The Membership Committee shall ensure that there is an ongoing active program for the recruitment of new members.The committee shall make recommendations to the Board of Directors within forty-five (45) days whenever an objection is filed to a new member application.

Section 12.3.Budget & Finance Committee:The Budget and Finance Committee shall be composed of five (5) members.
    Composition:The Budget and Finance Committee shall be composed of the Treasurer as chairman, the Vice-President, and three members appointed by the President.Members shall be appointed to three-year terms with one new member being appointed each year.

    Duties:The Budget and Finance Committee shall be responsible for the oversight of all financial affairs of the Association and the preparation of an annual budget.

Section 12.4.Education and Research Committee:The Education and Research Committee shall be composed of up to seven (7) members.
    Members of the Education and Research Committee shall be appointed by the President for three-year terms.

    Duties:The Education and Research Committee shall ensure that there is an ongoing active program for the educational advancement of the membership, shall develop a plan of action for the encouragement of research in landscape maintenance problems, and shall serve as the Certification Board.

Section 12.5.Standard of Professional Practices Committee:The Standard of Professional Practices Committee shall be composed of three members.
    Composition:Members shall be appointed by the President to three-year terms with one new member being appointed each year.

    Duties:The Standards of Professional Practice Committee shall investigate and make recommendations to the Board of Directors on any alleged failure by a member to conform to the Association's Code of Ethics.

    The committee shall make recommendations to the Board of Directors at the committee's discretion on changes to the Code of Ethics, or enforcement of the Code of Ethics, or other matters pertaining to the establishment or enforcement of Professional Practices Standards.

Section 12.6.Nominating Committee:The Nominating Committee shall be composed of three members.
    Composition:The three most recent past Presidents that are available shall serve as the Nominating Committee.The most recent Past President shall serve as Chairman.Whenever a Past President or Past Presidents are unavailable the President, with the approval of the Executive Committee, shall appoint the needed member or members to the committee.

    Duties:The Nominating Committee shall place in nomination one name for President, one name for Vice-President, and one name for Treasurer.Two names shall be placed in nomination by the committee for the office of Secretary.Two names shall be placed in nomination for each Regional Director vacancy and two names shall be placed in nomination for each Alternate Director.The slate of nominees shall be delivered to the Executive Director at least ninety (90) days prior to the annual meeting.

    All nominees must grant permission for their names to be placed in nomination and must agree to execute the duties of the office for which nominated if elected, subject only to unforeseen interfering circumstances.

Section 12.7.Ad Hoc Committees:The President with the approval of the Executive Committee shall have the authority to appoint Ad Hoc committees as needed to carry out the objectives of the Association.All Ad Hoc Committees shall be considered temporary in nature.
Section 12.8.Vacancies:In the event of a vacancy on any committee the President shallappoint areplacement for the remainder of the term of the vacancy.


ARTICLE XIII - AMENDMENT OF BYLAWS

The bylaws may be amended by a two-thirds vote of the members voting by mail, provided that the Board of Directors has recommended such amendment for adoption, and a copy of the proposed amendment has been mailed to all members at least thirty (30) days prior to the mail ballot.

 

Last Updated June 1, 2006