Constitution of Montana Professional Photographers Association
Article 2
Objective
To encourage and foster:
(a) Higher ideals of professional photography
(b) High ethical standards in business and our profession
(c) The advancement of understanding, goodwill and peace through
a state fellowship of business men and women united in professional photography
(d) This organization shall be a nonprofit organization, and no benefits shall inure to the benefit of any individual member, and in the event of dissolution, any assets remaining shall be delivered to an organization recognized by the Internal Revenue Service as a nonprofit charitable tax-exempt organization.
Article 3
Membership
Section 1. Kinds: There may be six kinds of membership: Active, Associate, Aspiring, Student, Out of State and Lifetime.
Section 2. Qualifications:
Active membership: Men and women of good character and good business reputation engaged as proprietor, partner, corporate officer or manager of any worthy professional photographic business residing within the State of Montana, are entitled to vote and hold office.
Associate Membership: An individual who works for an Active Member such as support staff, sales person, editor, designer, assistant photographer, etc. Associate members may include spouses, employees, Out of State members and manufacturer representatives.
Aspiring Membership: An individual just entering the profession as a photographer. For first time members only. Aspiring members will be required to upgrade to Active Membership in two years or if requested, after one year.
Student Membership: Students of approved schools in the photography field. The board of directors will be the deciding factor as to which schools are approved. Student members will be required to upgrade to Active Membership one year after the individual leaves school or at any prior time if requested.
Out of State Membership: An individual who resides outside the territorial boundaries of the State of Montana and whose primary place of business is outside the State of Montana. Out of State members shall have the same rights and privileges as Associate members. Out of State members who joined as Active Members prior to ratification of this 2018 Constitution shall retain the rights and privileges given when they joined so long as they remain members in good standing with no lapse in membership.
Lifetime Membership: An active member who has been a member for twenty-five (25) or more years without a break in membership. Application to become a Lifetime member must be made to the Board of Directors. A Lifetime Membership application shall be provided to interested members. Approval of this application and awarding of this membership must be granted by the Board of Directors.
Associate, Aspiring, Student and Out of State members shall have no vote nor be eligible to hold any office in the association and shall have no interest in any property of the association, but shall be entitled to attend all meetings and enjoy all other privileges of the association as prescribed by type of membership.
Article 4
Duration of membership
Section 1. Period: Active or associate membership shall endure for life, unless terminated as hereinafter provided.
(a) Nonpayment of dues shall result in automatic suspension of membership. Membership shall be suspended for nonpayment of dues but can be reinstated by payment of current year's dues plus an additional fee as determined by the board.
(b) All members shall subscribe to and be governed by the Code of Ethics adopted by the Association. The Code of Ethics shall be a part of the application for membership to this organization.
(c) Code of Ethics
I will:
(1) Endeavor to maintain dignity of manner in my behavior, in the presentation of my photography and photographic services, in my appearance and that of my studio or place of business, and in all other forms of public contact.
(2) Observe the highest standard of honesty in all my transactions, avoiding the use of false, confusing, inaccurate and misleading terms, descriptions and claims.
(3) At all times endeavor to produce photographs of quality equal or superior to the samples I display, to apply my best efforts towards providing the best photographic services and to play my part in raising the general standard of photographic craftsmanship.
(4) Show a friendly spirit of cooperation to my fellow professional photographers and assist them whenever possible should they be in trouble or difficulty.
(5) At all times avoid the use of unfair competitive practices and hereby subscribe to the Federal Trade Commission Rules of Fair Competitive Practices for the professional photographic industry.
(6) Assist my fellow photographers and share my knowledge with them and encourage them individually and collectively to achieve and maintain the highest standards of quality.
(7) Recognize the authority of this Association in all matters relating to the interpretation of this Code.
(d) Violation of Code of Ethics
In the event of an alleged violation of this section (b), by a member or non-member complainant, the accused member shall be given written notice of the alleged charges or violations, and a hearing before the Board of Directors shall be scheduled at which time the complaining and accused member(s) shall be present in person. At that time said complaining and accused member(s) shall be given the opportunity to present their evidence relevant to the allegation(s). The Board of Directors shall then determine from the facts presented whether or not a violation occurred and if suspension or revocation of membership is warranted, and shall notify the complaining and accused member(s) of their decision in writing. In the event the decision of the Board is to suspend or revoke the membership, the accused member(s) shall have the right of appeal to the full membership. This appeal must be made in writing and filed with the Business Manager of MPPA within twenty days from the date of notification of Board action suspending or revoking the individual's membership. Failure to file written notice of appeal with the Business Manager of the MPPA within the time prescribed shall render final the previous action of the Board of Directors.
In the event an appeal is timely made, a full hearing shall be convened before the membership of the Association at which time the evidence for and against the individual shall be presented in person by the complainant and/or accused. Failure to personally appear by the complainant and/or accused shall negate the appeal. Upon completion of all evidence in the matter, the membership, by written ballot, shall vote to suspend or revoke or reinstate the individual. Such vote, by a two-thirds majority vote of the members present, shall be final and conclusive in the matter.
(1) All charges against members violating the Code of Ethics shall be in writing and a copy shall be furnished the member accused.
(2) Failure to appear personally to answer alleged accusation(s) shall be sufficient grounds to suspend or revoke membership. Failure to be personally present by the complainant shall be sufficient grounds for the Board to dismiss the allegation(s) and the matter will be considered closed.
(3) All decisions of the Board and membership appeal shall be in writing.
(4) Notice of hearings shall be in writing and may be given in person or by registered mail at least ten (10) days prior to the hearing. The signed delivery receipt from the Post Office shall be sufficient proof of notice having been given. Persons delivering notice by personal delivery shall provide written receipt of delivery bearing signature of the recipient to the Board of Directors. Copy of said receipt shall be provided to recipient.
Article 5
Territorial Boundaries
The territorial boundaries of this organization shall be the State of Montana.
Article 6
Meetings
This association shall meet regularly once each year as provided in the By-Laws. This meeting shall hereinafter be referred to as the annual membership meeting.
Article 7
Dues
Each Active, Associate, Aspiring, Student and Out of State member of this organization shall pay annually such sums as may be set forth by the Board of Directors by a date prescribed by the Board of Directors. The Board of Directors shall have the ability to determine the status of a Lifetime Member and what dues, if any, should be collected from such members.
Article 8
Section 1. The governing body of this association shall be a Board of Directors to be constituted as the By-Laws of the association provide.
Section 2. The Board shall have general control over all officers and committees and may, for good cause, declare any office vacant. It shall be the Judicial body to decide action on misconduct of a member. The decision of the Board in all matters shall be final, subject only to an appeal to the association by a member or members in good standing. Appeal may be taken from any decision of the Board of Directors to the association. On such appeal, the decision appealed from shall be reversed only by a two-thirds vote of the members present at a regular meeting to be specified by the Board of Directors, a quorum (51%) being present. Notice of such appeal shall be given by the Business Manager to all members of the association at least five days in advance of such meeting.
Section 3. The officers of this association shall be a President, First Vice-President, Second Vice-President, Immediate Past-President and five (5) duly elected directors.
Section 4. The directors shall be elected annually in the manner prescribed in the By-Laws of this association and shall hold office for terms as set forth in the By-Laws.
Section 5. All bills approved by the Board of Directors shall be paid only by checks or debit card signed by the Business Manager or Treasurer of MPPA or a designated officer of MPPA.
Article 9
Order of business
The annual membership meeting shall be presided over by the President unless he/she cannot attend in which case the First Vice-President will preside. Proper Roberts Rules of Order will be followed at annual membership meetings with a parliamentarian present, who is a member of the MPPA, designated by the Board of Directors.
Open—Roll Call
Reading of Minutes
Treasurer's Report
Report of Committees
Unfinished Business
New Business
Adjournment
Article 10
By-Laws Amendments
By-Laws may be amended at any regular meeting or special meeting called for that purpose, a quorum (51%) being present, by a two-thirds vote of all active members present, provided that notice of such proposed amendment shall have been delivered to the Business Manager at least thirty (30) days before the date of the opening of the meeting and mailed and/or emailed to each member at least ten days before such meeting. No amendment or addition to the By-Laws can be made which is not in harmony with the Constitution of the Association.
Article 11
Amendments
Amendments to the Constitution shall be made only at an annual membership meeting of this association, a seated quorum (51%) being present, by a two thirds vote of the membership present at such annual memberhsip meeting. No proposed amendment shall be acted upon unless a copy of such proposed amendment shall have been delivered to the Business Manager at least thirty (30) days before the date of the opening of the meeting and said proposed amendment shall have been mailed and/or emailed to each member at least ten days before such meeting. Any amendment coming up for consideration at Convention and under an emergency case shall be read by the Business Manager before the members in attendance not later than the day before the time of voting on such amendment and may, if the directors determine it to be an emergency, be adopted at the annual membership meeting.