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PREAMBLE
We,
the auctioneers of the Commonwealth of Pennsylvania, in
order to form ourselves into a mutual cooperative body for
the promotion and elevation of the auction profession and
to protect the public against unscrupulous practices; to
maintain its rightful dignity and deserving place in society
and commerce, the “Grand and Glorious Old Art”
of bringing buyer and seller together through the process
of honest and competitive bidding; to establish uniform
rules of action, to assist in securing proper legislation
for the betterment of the auction business and thus enable
ourselves to be of greater service to the public; and to
be entitled to the respect and consideration which honest
and well-meaning auctioneers
deserve, do hereby bind ourselves and adopt and establish
for our government the following Constitution and Bylaws.
ARTICLE I - NAME
The name of this organization shall be Pennsylvania Auctioneers
Association, Inc., hereinafter referred to as PAA.
ARTICLE II - PURPOSE
It shall be the purpose of this association to:
A. Foster good fellowship;
B. Cultivate a more harmonious and friendly spirit
among auctioneers;
C. Follow the GOLDEN RULE regarding the relationship
between auctioneers and clients;
D. Discuss matters of common interest;
E. Help, aid and assist in elevating the auctioneering
profession by technical training, instruction, apprenticeship,
practices, advertising and publicity;
F. Foster and support passage of proper legislation
for the general well-being of the auction profession as
well as the public at large; and
G. Secure the aid and cooperation of each chapter
for the promotion and proper development of the auction
profession to the end that the profession may reach its
highest level and preserve its rightful place and dignity
in our American economy.
ARTICLE III - CHAPTERS AND LOCAL SOCIETIES
Section 1. The PAA shall be composed and consist
of various component parts or chapters as accepted or designated
by a majority vote of the association members in attendance
at any regular or special meeting. The division thereof
shall be by counties and not by population.
Section 2. The PAA shall have and hold precedence
over each and all chapters, and its ruling on any dispute,
issue, or controversy shall be final and binding.
Section 3. The officers of each chapter and each
local society thereunder, who shall comprise the board of
directors, shall consist of a president, a vice-president,
a secretary-treasurer; and three (3) directors, who shall
serve for the terms hereinafter set forth.
Section 4. Each chapter shall elect one (1) state
director and one (1) alternate director.
ARTICLE
IV - MEMBERS AND DUES
Section 1. Members - Classification
A. Licensed Members
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1.
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Any
resident citizen of this state who is honest, upright,
worthy of confidence and of good moral
character, having been duly licensed in this state as
an auctioneer, or as an apprentice auctioneer, or being
a non-resident, having been duly licensed in this state
through reciprocity laws of this state and other states,
shall be eligible for membership in this association. |
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a.
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Auctioneer
– Full membership with all benefits and one (1)
vote |
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b. |
Apprentice
auctioneer – Full membership with all benefits
and one (1) vote. |
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c.
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Owner
of Auction House or Auction Company – Full membership
with all benefits but no voting privileges. |
B.
Associate Members
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1.
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Associate
member
Individual non-voting memberships for individuals who
are not auctioneers but
involved in an auction or auction-related business,
such as ring person, clerk, cashier, spouse, family
member, etc., and affiliated with one of the three licensed
membership categories in A above may be granted. |
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2.
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Trade
member
Non-voting memberships for individuals, firms, companies,
corporations, or entities
engaged in any related business or business endeavor
having a relationship of a general nature with
the business conducted by licensed membership classifications,
such as publications, periodicals, software companies,
online auction companies, auction supply companies,
etc., may be granted. |
C. Life Voting Members
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1.
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Senior
Life Member
Senior life memberships shall be granted to PAA members
attaining the age of 70 years and having a
total of 25 years as a PAA member. Senior life members
shall have voting privileges and shall pay no
dues. |
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2.
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Life
Member
Any active member may become a life member upon payment
of twenty-five (25) times the appropriate annual dues
at the time of application. The life member shall thereafter
be exempt from all annual PAA dues and assessments but
shall be responsible for payment of annual chapter dues
at the current stated rate. Payment shall be made in
accordance with PAA policies and procedures. A life
member shall have all the rights and privileges of a
regular member. |
D.
All applicants and members of PAA must be members of an
area chapter and are encouraged to join the National Auctioneers
Association by contacting the National Auctioneers Association.
E. All applications for membership in PAA shall be
accompanied by the annual PAA dues and chapter dues.
F. Any member of this association may present the
name of a qualified applicant for membership, who first
signs an official application of this association stating
that he/she solemnly promises and declares that he/she will
faithfully conform to all Laws, Rules, Regulations and requirements
of the Constitution and Bylaws of this association, and
that he/she will deal equitably, honestly and sincerely
with other auctioneers and the general public.
G. An applicant for membership, after presenting
his/her signed application in the regular manner, accompanied
by the necessary fees and receiving a majority vote of the
members present either by proclamation or ballot at any
regular chapter meeting, will be given membership in this
association, providing he/she has been certified by his/her
local chapter as provided for in the Constitution and Bylaws.
H. All applicants must be sponsored by a member of
this association in good standing, indicating that he/she
knows the applicant to be qualified and of good repute and
that he/she is eligible for membership and
has been certified by the local society or chapter. A member
in good standing within the meaning of that
term in this constitution and bylaws is one who is not in
default in the payment of dues or other indebtedness to
the association.
I. A duly approved member will be duty bound to abide
by the Constitution and Bylaws of this association and
any amendments thereto.
Section 2. Dues
A. Annual Dues
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1.
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The
amount of annual dues shall be determined by the Board
of Directors according to procedures established in
the PAA Operating Procedures and shall be payable to
the chapter secretary or online to the PAA Administrator
by December 31. |
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2.
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First
Year Member dues – The first year membership dues
of any newly approved member shall be determined by
the Board of Directors according to guidelines established
in the PAA Operating Procedures
and shall be payable to the chapter secretary or online
to the PAA Administrator by December 31. |
B.
Members whose PAA and chapter dues are not paid by December
31 as notified by the chapter secretary shall automatically
forfeit their right to attend the PAA annual meeting.
C. Members must pay PAA and chapter dues by March
31 of the current membership year. Individuals paying dues
after March 31 will be considered inactive for the remainder
of the year. New members shall not be affected by the March
31 deadline and can be accepted at any time of the year.
Section 3. Fiscal Year
The fiscal year shall be from January 1 through December
31.
ARTICLE V - OFFICERS AND THEIR DUTIES
Section 1. The elected officers of the PAA shall
be:
A. President
B. President-Elect
C. Vice-President
D. Treasurer
Section 2. Qualification
Only members of the PAA for five (5) or more years shall
be eligible to serve as elected state officers.
Section 3. To be eligible for elective state office
the member must be a resident of Pennsylvania and hold a
Pennsylvania auctioneer’s license.
Section 4. Removal from Office
By a two-thirds (2/3) vote by ballot of members present
at any regular or special meeting, any officer
may be removed from that office for non-performance of his/her
duties or for conducting himself/herself in a manner unbecoming
an auctioneer. Revocation of state auctioneer or apprentice
license means automatic expulsion in the association.
Section 5. Vacancies
Vacancies occurring in office may be filled by an interim
appointment by the president, with board approval, until
the next regular or special meeting of the association.
Section 6. Duties of Officers
The duties of the various officers shall be those specified
in this Constitution and Bylaws and in the
parliamentary authority adopted by the PAA.
A. The President shall:
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1.
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Preside
at all meeting of the PAA and enforce due observance
of the Constitution and Bylaws, Rules
and Regulations. |
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2.
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Decide
all questions of order. |
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3. |
Offer
for consideration all motions regularly made. |
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4. |
Call
special meetings. |
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5. |
Appoint
all committees not otherwise provided for. |
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6. |
Govern
the administration of this association at all times
and be account- able to the membership for the efficient
and businesslike administration that is expected of
him/her. |
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7. |
Conduct
all meetings in absolute decorum at all times. |
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8. |
Make
no motion or amendments, nor vote on any question or
motion unless the members present be
equally divided, when he/she shall cast the deciding
vote. Upon completion of his/her term, the immediate
past president shall become a member of the board of
directors for a term of one (1) year with the power
to make motions and vote on all matters of association
business, and to perform whatever duties the president
may so direct. The President may appoint a parliamentarian
to serve at the Annual Meeting or for the entire term. |
B.
The President-Elect shall:
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1.
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Preside
in the absence of the president and perform the duties
of that office. |
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2. |
Perform
whatever duties the president may so direct. |
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3. |
Serve
as chairman for the upcoming conference, with the duty
to plan and coordinate the agenda for the conference
including, but not limited to, seminars, speakers, functions,
meals, entertainment, and awards and presentations,
subject to the board’s approval. |
C.
The Vice-President shall:
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1.
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Be
a voting member of the board of directors and perform
whatever duties the president may so direct. |
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2. |
Serve
as association historian, with the duty to correspond
with each chapter historian, collect, coordinate, and
display all historical memorabilia at the conference. |
D.
The Treasurer shall:
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1.
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Receive
the funds of the state association, pay all expenses,
bills, and accounts and keep an accurate record of all
money received and paid, and make a report of the same
to the state association at every meeting. The treasurer
shall give bond in sufficient sum to cover the amount
of funds entrusted to him/her; said bond to be fixed
by the board of directors at any meeting of the board
and may be changed from time to time as occasion demands,
or they may waive the required bond. The said bond if
required shall be a surety bond and the premium therefore
shall be paid from funds of this association. Each chapter
treasurer shall function in the same manner and form
as the state treasurer except that each chapter treasurer
shall furnish the state association with a monthly report
of all state dues collected and make remittance thereof
with said report, which shall be the only funds payable
by the chapters to the state association, except any
special assessment which may be levied upon them by
the state association. |
Section 7. Compensation and Expenses
A. The treasurer or other officers of this association
shall receive no compensation for services except as provided
by the association by a majority vote of a duly constituted
quorum present at any regular meeting. The expenses incurred,
however, in regular maintenance of this association shall
be paid out of the general fund of this association. The
general fund shall be recognized as that of the state association.
B. Each chapter shall preserve its own maintenance
and shall not call for funds from the state association
only in dire necessity. Such request shall be subject to
the decision of the state association acted on at a regular
or special meeting. The PAA chapters may submit a request
for funds, subject to a majority vote of a duly constituted
quorum present at any regular board meeting, to offset a
deficit in conducting an educational seminar by the members
of the PAA for any licensed auctioneer.
ARTICLE VI - NOMINATIONS AND ELECTIONS
Section 1. Nominations - State Officers
A. A Nominating Committee of five (5) members shall
be appointed by the President.
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1.
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No
more than one member from a chapter shall be represented
on the committee. |
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2. |
The
Nominating Committee shall elect one or more candidates
for each office to be filled. |
B. Additional nominations for state officers may
be made from the floor.
Section 2. Election and Term
A. The election of officers shall be held annually
except the office of president. The president-elect, at
the conclusion of the one-year term, shall automatically
succeed to the office of president.
B. The officer shall serve for a period of one year,
but shall remain in office until a duly elected or appointed
successor qualifies.
C. Elections shall be by ballot except in the case
where there is only one nominee, the President may declare
the nominee elected.
D. A majority of the votes cast by those present
and voting is necessary for election.
E. In case of a tie vote, the election shall be determined
by lot.
ARTICLE VII - MEETINGS AND QUORUM
Section 1. Annual Meeting
An annual meeting shall be held at a time and place to be
determined by the board of directors.
Section 2. Special Meetings
Special meetings shall be called by the President, or upon
request of a two-thirds (2/3) vote of the board
of directors. The time and place shall be set by those responsible
for the call and only business stated in the
call may be transacted.
Section 3. Notice
Notice of the call to the annual meeting or to a special
meeting shall be sent to each member of PAA at least
thirty (30) days prior to the stated meeting.
Section 4. Quorum
Fifty (50) members in good standing shall be necessary to
constitute a quorum, three (3) of whom must
be officers or directors of this association.
ARTICLE VIII - REPRESENTATION AND VOTE
Section 1. Every regular and life member shall be
entitled to attend all meetings, provided his dues have
been paid in full for the current year to register for the
convention at the member registration fee.
Section 2. In order to vote at the meetings, a member’s
dues must be paid by December 31 before the meeting is held.
In the event a special meeting is called, a new member’s
dues must be paid (30) days in advance of the special meeting
in order to vote.
ARTICLE IX - BOARD OF DIRECTORS
Section 1. Composition
A. The PAA Board of Directors shall be composed of
eleven (11) individuals:
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1.
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The
elected officers (4). |
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2.
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The
immediate past president (1). |
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3. |
One
director from each area chapter and/or the alternate
director (6). |
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4. |
The
parliamentarian, if appointed, who shall act in an advisory
capacity without vote. |
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5. |
The
Administrator who shall act in advisory capacity without
vote. |
Section
2. Meetings
A. Regular meetings of this board shall be held four
(4) times a year.
B. Special meetings shall be called by the president,
or upon request of two-thirds (2/3) of the board members.
Notice of special meetings shall be sent to each board member
at least twenty (20) days before the date of the meeting.
C. Telephone Conference. Meetings may be conducted
by telephone conference with twenty-four hours notice.
Section 3. Duties and Responsibilities
A. The board of directors shall keep in touch with
the business management of this association and once a year
audit and show in open meeting the books of this association
and report to this association any mistakes or any irregularities
they may discover. The board of directors shall have charge
of the financial and business management of any undertaking
for the progress and betterment of the association; acting,
however, in harmony with the will and pleasure of its membership.
B. This board shall be responsible for conducting
the business of the PAA between annual meetings and may
adopt rules for this purpose provided they do not conflict
with the Constitution and Bylaws of the PAA.
C. Observers. Members of the PAA may attend meetings
of the board of directors as observers.
Section 4. Voting
A. A majority vote shall be required to adopt a budget.
Section 5. Quorum
A. A majority of the board members including at least
3 elected officers shall constitute a quorum.
ARTICLE X - COMMITTEES AND THEIR DUTIES
Section 1. Standing committees shall include:
Conference
Constitution/Bylaws
Education
Grievance
Historian/Photography
Member Benefits
Membership
Nominating
Political Action Committee
Publications/Newsletter
Technology
Section 2. Duties. Their duties and responsibilities
shall be outlined under the direction of the president or
the Board of Directors.
Section 3. Special committees may be created by the
president or the board as the need arises.
ARTICLE XI - HEADQUARTERS
The headquarters and principal office of the PAA shall be
located at the residence or business office of its duly
elected treasurer. The officers and directors may, from
time to time if deemed necessary and to the best interests
of the association, designate and establish other offices.
ARTICLE XII - EXPULSION
Section 1. Any member violating the Constitution
and Bylaws or provisions herein stated shall be expelled
from this association as determined by a two-thirds (2/3)
vote of the members present at any regular meeting. Any
member will automatically be dropped from this association
for non-payment of dues after December 31 of each year.
Section 2. Any member or officer shall automatically
be dropped from membership from all associations upon revocation
of his Pennsylvania auctioneer or apprentice license by
the State officials supervising the auction
license act. No former member may resubmit his application
for membership to this association until three (3) months
after his auctioneer or apprentice license has been reissued.
ARTICLE XIII - INDEMNIFICATION
This association shall indemnify to the fullest extent authorized
or permitted by the corporation laws of the Commonwealth
of Pennsylvania any person made, or threatened to be made,
a party to an action, suit or proceeding by reason of the
fact that said person is or was an officer, employee, or
member acting in good faith in behalf of this association.
ARTICLE XIV - DISSOLUTION
In the event of dissolution of PAA:
A. All liabilities and obligations shall be paid,
satisfied and discharged or adequate provisions shall be
made therefore.
B. Any remaining assets shall be transferred to a
qualified tax-exempt organization under Section 501(c)(3)
of the Internal Revenue Code by a majority vote of members
present and voting at a regular or special meeting.
ARTICLE XV - PARLIAMENTARY AUTHORITY
The current edition of Robert’s Rules of Order Newly
Revised shall be the parliamentary authority to govern all
things not covered in this Constitution and Bylaws and any
special rules of order that the PAA may adopt.
ARTICLE XVI - AMENDMENTS
This Constitution and Bylaws may be amended by a two-thirds
(2/3) vote by ballot of the members present and voting at
any regular meeting, providing notice by mail of the meeting
at which such amendments are to be considered must be given
to every member in good standing at least fifteen (15) days
prior to the
meeting.
ARTICLE XVII - BINDING AGREEMENT
We, the auctioneers of Pennsylvania and our respective chapters
thereof, do willingly, voluntarily, and irrevocably bind
ourselves unto the provisions and conditions set forth in
this Constitution and Bylaws. We further agree to be loyal
and faithful to this association; honest and undiscriminating
in dealing with its individual members and the general public;
and to the best of our ability work for the protection,
promotion, and betterment of the auction profession, and
we pledge allegiance to the principles for which it stands.
Amended: January 15, 1994
January 18, 1997
January 17, 1998
January 12, 2002
January 15, 2005
January 14, 2006
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