BY-LAWS OF THE
NEBRASKA SHERIFFS’ ASSOCIATION
ARTICLE I
NAME
The name of the Association shall be the Nebraska Sheriffs’ Association.
ARTICLE II
OFFICE
The Association shall maintain a corporate office.
ARTICLE III
PURPOSE
The purposes of the Association are to:
Promote the general welfare of the Office of Sheriff in Nebraska.
Increase the integrity of the Office of Sheriff by fostering and maintaining high standards of conduct and ethical practice by the Office of Sheriff and personnel connected to the Office of Sheriff.
Provide continuing education and training for the Office of Sheriff in order to assist one another in all the various duties and responsibilities of the Office of Sheriff.
Maintain the maximum degree of confidence of the citizens of this state in the Office of Sheriff and encourage recognition of the Office of Sheriff as professional work entitled to commensurate respect.
Educate and inform the citizens of this state about their obligations under the law.
Advocate and encourage legislation for the improvement of the Office of Sheriff work and for the benefit of its personnel.
ARTICLE IV
MEMBERS
SECTION 1: The members of the Association shall be divided into classes, and the qualifications and rights of the members of each class are as follows:
A) ACTIVE MEMBER: All sheriffs whose election has been certified or whose appointment has been properly endorsed and all full-time deputies of a sheriff’s office upon payment of their dues.
B) ASSOCIATE ACTIVE MEMBER: All individuals who are actively engaged as a full-time or part-time commissioned and non-commissioned employee of a sheriff’s office are upon payment of their dues.
C) REGULAR MEMBER: Any individual who is actively engaged as a full-time commissioned Law Enforcement Officer employed by other than a county of the State of Nebraska upon payment of their dues.
D) RETIRED MEMBER: Any individual who has been an Active Member, Associate Active Member, or Regular Member of the Association and thereafter ceases to be eligible for either Active, Associate Active, or Regular Membership shall be eligible to be a Retired Member.
E) PATRON SPONSORING MEMBER: Any individual may become a Patron Sponsoring Member by contribution of financial support.
F) BUSINESS SPONSORING MEMBER: Any business may become a Business Sponsoring Member by contribution of financial support.
G) HONORARY MEMBER: The Board of Directors may bestow Honorary membership upon any person.
SECTION 2: Dues for the Association shall be from January 1 to December 31 of each year.
SECTION 3: Membership in the Association is non-transferable or assignable except to a successor in office or position who meets the qualifications of Section I (A) or (B) of this Article.
ARTICLE V
BOARD OF DIRECTORS
SECTION 1: There will be a Board of Directors of the Association which shall establish policy decisions and be responsible for the overall supervision and operation of the Association.
SECTION 2: The Board of Directors shall consist of:
A) The Officers of the Association as set forth in Article VI, Section 1 of the By-Laws elected by each of the districts set forth in Section 3 of this Article;
B) One Active or Regular Member elected by each of the districts set forth in Section 3 of this Article;
C) All past presidents of the Association providing he/she is an Active Member of the Association.
SECTION 3: For the purpose of this Article, the State of Nebraska shall be divided into five districts, and such districts shall be referred to and contain the counties shown below:
A) Northeast District – Knox, Cedar, Dixon, Dakota, Thurston, Wayne, Pierce, Boone, Madison, Stanton, Cuming, Burt, Platte, Colfax, Dodge, Washington, Nance, Merrick, Antelope.
B) Southeast District – Lancaster, Douglas, Sarpy, Richardson, Nemaha, Otoe, Cass, Pawnee, Johnson, Gage, Saunders, Butler, Seward, Saline, Jefferson, Thayer, Fillmore, York, Polk.
C) Panhandle District – Sioux, Dawes, Sheridan, Box Butte, Scotts Bluff, Morrill, Banner, Kimball, Cheyenne, Garden, Deuel, Arthur, Keith, McPherson, Grant, Perkins, Chase, Dundy.
D) South Central District – Lincoln, Hayes, Hitchcock, Red Willow, Frontier, Dawson, Gosper, Furnas, Harlan, Phelps, Buffalo, Kearney, Franklin, Hall, Adams, Webster, Nuckolls, Clay, Hamilton.
E) North Central District – Sherman, Howard, Custer, Valley, Greeley, Logan, Hooker, Thomas, Blaine, Loup, Garfield, Wheeler, Cherry, Brown, Rock, Holt, Keya Paha, Boyd.
SECTION 4: Should a vacancy occur on the Board of Directors; the Board shall appoint a qualified member of the Association to serve for the unexpired term of his or her predecessor in office. However, no appointment will be made if there are ninety (90) days or less remaining until the next general election at the annual meeting. That appointee will then serve as Fourth Vice-President and all other Vice-Presidents will move up to the next respective spot.
SECTION 5: The Executive Board shall consist of the President, 1st, 2nd, 3rd, and 4th Vice-Presidents and the Secretary-Treasurer of the Association.
SECTION 6: All members of the Board of Directors shall be a member in good standing of the Association.
SECTION 7: Any member of the Board of Directors may be removed by the Board of Directors upon a showing of a cause and after inquiry, whenever in the judgment of the Board of Directors the best interests of the Association would be served thereby. If such a question arises, the person under inquiry shall not vote upon such removal. The removal of any officer of director shall be predicated upon the affirmative vote of at least one half plus one of the then remaining eligible voting members of the Board of Directors.
ARTICLE VI
OFFICERS
SECTION 1: The officers of the Nebraska Sheriffs’ Association shall be as follows:
A) Past President – will assist the incoming President.
B) President - who shall be elected from one of the five districts, an Active Member in the Association, and who shall hold office for one year, but who shall be ineligible to succeed himself/herself. The President shall then become the Immediate Past President.
C) First Vice-President – who shall be elected from one of the five districts and be an Active Member in the Association. The First Vice-President will succeed the President.
D) Second Vice-President – who shall be elected from one of the five districts and be an Active Member in the Association. The Second Vice-President will succeed the First Vice-President.
E) Third Vice-President – who shall be elected from one of the five districts and be an Active Member in the Association. The Third Vice-President will succeed the Second Vice-President.
F) Fourth Vice-President – who shall be elected from one of the five districts and be an Active Member in the Association. The Fourth Vice-President will succeed the Third Vice-President.
G) Secretary-Treasurer – who shall be an Active Member, an Associate Active Member or Regular Member of the Association appointed by the Board of Directors and shall be held by one and the same person.
SECTION 2: Each officer listed in Section 1 (A) through (E) must represent and be from one of the five separate districts outlined in Article V, Section 3. No district may have more than one Vice-President or President of the Association.
SECTION 3: Election of officers of the Association other than the President shall take place at the annual meeting, and the term of each officer shall run from January 1 to December 31. Each officer with the exception of the President shall be elected by the districts. The office of the President shall be filled automatically by the First Vice-President of the preceding year.
SECTION 4: Commencing with the election of officers at the 2010 annual meeting of members, all office positions may be held by sheriffs or deputies, but at no given time may a deputy serve as president unless a majority of officers are active member sheriffs.
SECTION 5: Commencing with the election of officers at the 2020 annual meeting of members, all office positions may be held by sheriffs or deputies. A deputy may serve as president if a majority of officers are active member sheriffs. The position of representative for each district may be held by any Active member or Regular member.
ARTICLE VII
DUTIES OF THE OFFICERS
SECTION 1: The President shall preside at all meetings of the Board of Directors and at all meetings and conferences of the Association, unless excused for good cause. He/she shall see that all provisions of the Articles of Incorporation and By-Laws are strictly enforced; that all resolutions and orders adopted by the Association at its meetings are properly executed, and he/she shall have the general supervisory control of affairs of the Association. He/she shall submit a calendar, setting the dates and locations of the regular meetings that will be conducted during his/her term of office. The President may change the location of the meetings at his/her discretion. The President shall ensure that all meetings where business is conducted by the Board of Directors or the members of this association are recorded by secretarial notes or by other generally accepted practices for the purpose of making available all non-confidential business to active and associate active members of this Association at a later date. The President may participate in meetings by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time. Such meeting shall be of the same force, effect and validity as the meeting at which the directors or committee members are physically present at the same location.
SECTION 2: The First Vice-President shall be President-elect to the Association and shall be present at all meetings of the Board of Directors, unless excused for good cause. The First Vice-President may participate in meetings by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time. Such meeting shall be of the same force, effect and validity as the meeting at which the directors or committee members are physically present at the same location. The First Vice-President shall perform all the duties and enjoy all the powers of the President in case of death, absence or inability of the President to act and shall perform such other duties as may be assigned to him/her by the President or Board of Directors.
SECTION 3: The Second Vice-President shall be present at least 75 percent of the meetings and perform all of the duties and enjoy all of the powers of the President in case of the death, absence or inability of the President and First Vice-President to Act and shall perform such other duties as may be assigned to him/her by the President or Board of Directors. The Second Vice-President may participate in meetings by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time. Such meeting shall be of the same force, effect and validity as the meeting at which the directors or committee members are physically present at the same location.
SECTION 4: The Third Vice-President shall be present at 75 percent of the meetings and perform all of the duties and enjoy all the powers of the President in case of the death, absence or inability of the President, First Vice-President, and Second Vice-President to act and shall perform such other duties as may be assigned to him/her by the President or Board of Directors. The Third Vice-President may participate in meetings by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time. Such meeting shall be of the same force, effect and validity as the meeting at which the directors or committee members are physically present at the same location.
SECTION 5: The Fourth Vice-President shall be present at 75 percent of the meetings and perform all the duties and enjoy all the powers of the President in case of the death, absence or inability of the President, First Vice-President, Second Vice-President, and Third Vice-President to act and shall perform such other duties as may be assigned to him/her by the President or Board of Directors. The Fourth Vice-President may participate in meetings by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time. Such meeting shall be of the same force, effect and validity as the meeting at which the directors or committee members are physically present at the same location.
SECTION 6: The Secretary-Treasurer shall be present at all the meetings, unless excused for good cause. The Secretary-Treasurer shall keep the minutes of the meetings and ensure that the records of the Association are properly kept. He/she shall maintain records of the funds of the Association. He/she shall render an account of said funds at the monthly meetings. He/she shall perform all necessary duties incident to this office and such other duties as may be assigned to him/her by the President or Board of Directors.
SECTION 7: The Immediate Past President shall assist the incoming President.
ARTICLE VIII
MEETINGS
SECTION 1: The Board of Directors shall meet at a time and place to be designated by the President, with the approval of the Board of Directors, to transact the business of the Association at a minimum of four times a year. At a Board of Director’s meeting a quorum shall consist of at least six members of the Board of Directors.
SECTION 2: An annual meeting shall be held at a location and time as selected by the Board of Directors and may coincide with the Association’s annual conference. Notice of the annual meeting shall be given to the Active Members and Regular Members at least sixty days in advance. At an annual meeting a quorum shall consist of at least twenty-five Active and Regular Members representing at least three of the districts.
SECTION 3: Special meetings of the Association may be called by the President, by any three members of the Board of Directors or upon written application signed by no less than ten Active and Regular Members in good standing of the Association. Notice of such special meetings shall be given to all Active and Regular Members by mail or electronic notification at least two days prior to the meeting. At special meeting a quorum shall consist of at least twenty-five Active and Regular Members representing at least three of the districts.
ARTICLE IX
VOTING
SECTION 1: All members of the Board of Directors in good standing and in attendance at any meeting of the Board of Directors, annual meeting, or special meeting may vote on all matters before the Board of Directors or Association for consideration.
SECTION 2: All Active, Associate Active and Regular Members in good standing and in attendance at an annual may vote on all matters before the Association for consideration.
SECTION 3: Any motion or resolution passed upon by the Board of Directors or the Association shall be determined by a majority vote unless otherwise provided for in these By-Laws or by the members voting.
SECTION 4: The President, or the presiding officer, may at his discretion take an oral vote. His discretion may be challenged by a motion and a second for a roll call vote, or a motion and a second for a secret ballot vote.
SECTION 5: Any business which may properly be conducted by the Board of Directors at a list shall be prima facie evidence as to who are the members entitled to examine such list or to vote at any meeting of members.
SECTION 6: The Executive Director or Office Manager having charge of the membership list for Active and Associate Active Members of this Association, shall keep the list current and complete; listing all members entitled to vote at any meeting, or any adjournment thereof; which list shall be kept on file at the registered office of this Association and shall be subject to inspection by any member at any time during usual business hours. Such list shall also be produced and kept open at the time and place of any meeting and shall be subject to the inspection of any member during the whole time of the meeting. All members of the Board of Directors in good standing and in attendance at any meeting of the Board of Directors, annual meeting, or special meeting may vote on all matters before the Board of Directors or Association for consideration.
ARTICLE X
NON-PROFIT STATUS
No member or individual shall receive any pecuniary benefits from the Association’s income or property or assets. However, this section shall not prevent a member or individual from being reimbursed for his or her provable expenses incurred, or cost and services rendered in the promotion of the purposes of this Association. Any disbursements made under this clause shall not be made if such a disbursement violates the non-profit status of the Association as defined by the Internal Revenue Code.
ARTICLE XI
AMENDMENTS
SECTION 1: The Articles of Incorporation and By-Laws or any part thereof, may be temporarily suspended by a two-thirds vote of the qualified voting members present at any meeting.
SECTION 2: The Articles of Incorporation or By-Laws may be altered, amended, or repealed by a majority vote of the qualified voting members present at the annual meeting or by a two-thirds vote of the qualified voting members present at a meeting called for that purpose.
SECTION 3: Amendments to the Articles of Incorporation and By-Laws will be provided to qualified voting members in person, by telephone, or by e-mail at least 24 hours before the date and time set for the meeting.
ARTICLE XII
BUDGET
SECTION 1: The Board of Directors shall prepare a budget prior to the annual meeting. This budget shall be for the fiscal year. The budget shall be submitted and approved at the annual meeting.
SECTION 2: The President shall submit a proposed budget for the Association’s annual conference and banquet to be approved by the Board of Directors.
ARTICLE XIII
COMMITTEES
SECTION 1: The President or the Board of Directors may appoint such committees as may be required. Associate Active Members and Regular Members may serve on the committees. Membership and the chairmanship of the committee shall be determined by the person or body which establishes the committee, except that an Active Member must serve as the chair of the committee.
SECTION 2: Committee members may be replaced because of vacancy, inability to act, perform business effectively or attend meetings. In case of a vacancy occurring in any committee, the President shall appoint a member to fill said vacancy.
SECTION 3: The President shall have the power to call a meeting of any committee, and the President and First Vice-President shall be ex-officio non-voting members of each committee established.
ARTICLE XIV
GENERAL PROVISIONS
SECTION 1: The business of all meetings shall be conducted according to Robert’s Rules of Order.
SECTION 2: The President, with the approval of the Board of Directors, may, if he/she deems it necessary, appoint a legal advisor for the Association.
SECTION 3: The Board of Directors, including any committee designated by these By-Laws or by the President may participate in a meeting by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time. Such meeting shall be of the same force, effect and validity as the meeting at which the directors or committee members are physically present at the same location. Notice of a meeting of the Board of Directors or committee by means of telephone or such similar communications equipment shall be given to each director or committee member in person, by telephone, or by e-mail at least 24 hours before the date and time set for the meeting. Minutes shall be taken of all Board of Director’s meetings or committee meeting conducted by conference telephone or similar devices.
SECTION 4: The corporation hereby agrees to indemnify any person who was made a party to a civil suit or criminal suit by reason of the fact that he/she is or was a director, officer, executive director or office manager of the Association if the alleged act was done in good faith and in the best interest of the Association.
ARTICLE XV
DISSOLUTION
Upon the dissolution of the Association, it shall be dissolved in accordance with the provisions of the Nebraska Nonprofit Corporation Act and any assets remaining after discharging all appropriate charges thereof shall be distributed to any organization formed and operating to carry out the objects and purpose for which the Association was formed.
ARTICLE XVI
REVOCATION
These By-Laws revoke all other By-Laws and rules under which this Association may have previously been governed.
PASSED BY MAJORITY VOTE AT THE BUSINESS MEETING THIS 2ND DAY OF OCTOBER, 2022.