New York City Amateur Radio Emergency Communications Service

NEW YORK CITY

AMATEUR RADIO EMERGENCY COMMUNICATIONS SERVICE

CONSTITUTION AND BY-LAWS

The New York City Amateur Radio Emergency Communications Service

Constitution and By-Laws

ADOPTED: March 27, 2004

Constitution of the New York City Amateur Radio Emergency Communications Service

Preamble:

We, the undersigned, in order to provide a means of training individuals in the art and science of radio electronics and communications, promoting emergency preparedness, and serving the citizens of the City of New York as a dedicated team of Amateur Radio operators and communications experts, hereby constitute ourselves as:

The New York City Amateur Radio Emergency Communications Service hereinafter referred to as ARECS.

The corporation and its members shall be governed by this Constitution, these By-laws, and its Certificate of Incorporation.

The territory in which ARECS's activities are principally to be conducted is the geographical area generally designated as the New York Metropolitan Area, including its immediate surrounding environs, located in the State of New York and Counties of New York, Kings, Queens, Bronx, and Richmond, except that ARECS will extend its operations from the New York Metropolitan Area and its immediate surrounding environs as it may be requested or directed by the American Red Cross, New York City Office of Emergency Management, the New York City Police Department, the New York City Fire Department, the New York State Division of Homeland Security & Emergency Services, and/or the Federal Emergency Management Agency or as may be required to respond in time of emergency or disaster.

Article I: Membership

Any person interested in radio communication for public service and personal aims, without pecuniary interest, is invited to apply to the Secretary of ARECS. Membership and election shall be upon such terms as ARECS provides by its By-Laws. There shall be no dues or fees charged for membership.

All services rendered by this organization shall be rendered or performed on a volunteer basis; all members of ARECS shall act as volunteers in the rendering or performance of such services and no charge, fee, or expense shall be made or levied against the person or persons aided either by the organization or any other person or entity on behalf of the organization or for its benefit.

Article II: Officers

The officers of ARECS shall be President, Vice President for Manhattan, Vice President for Brooklyn, Vice President for Queens, Vice President for Bronx, Vice President for Staten Island, and Secretary. The President may also hold the office of Vice President for his or her own borough, if elected to both offices. Aside from this exception, no person may hold more than one office at any given time.

The officers shall be elected for a term of two (2) years by ballot by the General Membership eligible to vote for each office as provided for in the By-Laws. Vacancies that occur during a term of office shall be filled by a special vote of the General Membership eligible to vote for that office.

Article III: Duties of the Officers

The President shall preside at all meetings of the General Membership and conduct the same according to the rules adopted; shall enforce due observance of this Constitution and By-Laws, decide all questions of order, sign all official documents that are adopted by the club, and perform all other customary duties pertaining to the office of President.

The President shall serve as the single point of contact for all organizations wishing to contact ARECS. Any organization that contacts any other officer or member shall be immediately referred to the President. The President may delegate this duty by designating any other officer to serve as a point of contact for an organization at any time.

The Vice-Presidents shall assist the President, and serve as the leaders of ARECS in their individual boroughs, in cooperation with the President.

The Secretary shall keep a record of the proceedings of all meetings, carry on all correspondence, read communications at each meeting, and submit a schedule to the Editor of ARECS Publications of all ARECS meetings. The Secretary may appoint a number of Assistant Secretaries as shall be necessary to perform all of the tasks of the office. The Secretary shall be the keeper of all important correspondence and records, only allowing copies of them to be distributed to other members when authorized by the President. The Secretary shall, at the expiration of the term, turn over all items and records belonging to ARECS to his or her successor.

Article IV: Succession

The following line of succession is defined herein solely for use in an extraordinary emergency, and in no way represents a ranking of officers for any other purpose whatsoever.

In the absence of the President, the Vice-President for Manhattan shall assume the duties of the President. In the absence of the President, and the Vice-President for Manhattan, the Vice-President for Brooklyn shall assume the duties of the President. In the absence of the President, and the Vice-Presidents for Manhattan and Brooklyn, the Vice-President for Queens shall assume the duties of the President. In the absence of the President, and the Vice-Presidents for Manhattan, Brooklyn, and Queens, the Vice-President for Bronx shall assume the duties of the President. In the absence of the President, and the Vice-Presidents for Manhattan, Brooklyn, Queens, and Bronx, the Vice-President for Staten Island shall assume the duties of the President. In the absence of the President and all of the Vice-Presidents, the Secretary shall assume the duties of President.

Article V: Meetings

The By-Laws provide for regular and special meetings. At scheduled meetings of the Membership, the Membership present shall constitute a quorum for the transaction of business. At scheduled meetings of ARECS officers or special committees, a majority of ARECS officers or committee members, respectively, shall constitute a quorum.

Article VI: Membership Assistance and Training

ARECS shall establish By-Laws to provide for the training of its members in communications technology and technique, emergency response, and preparedness, and it shall formulate and continuously improve plans for providing effective communication during public events and in emergencies in the City of New York. ARECS, through its designated committees and publications, will provide technical advice to members concerning communications equipment design, configuration, and operation. ARECS shall also foster and guide public relations for the general promotion of Amateur Radio, public service, and emergency communication.

Article VII: Not-for-Profit Status

ARECS is not organized for pecuniary profit or financial gain, and no part of its assets, income or profit shall inure to the benefit of any member, director, officer or any private individual (except that reasonable compensation may be paid for services rendered to or for the organization in furtherance of its purposes) and no member, director, officer or private individual shall be entitled to share in any of the organization's assets on dissolution of the organization; no salaries or compensation for services rendered as members of ARECS will be given or paid to any member or members. In the event of dissolution, all of the remaining assets and property of ARECS shall, after payment of the necessary expenses of dissolution, be distributed to such organization(s) as shall qualify under Section 501 (c.) (3) of the Internal Revenue Code of 1954, as amended. No part of the activities of ARECS shall be the carrying on of propaganda or otherwise attempting to influence legislation, and ARECS shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this Constitution or By-Laws, ARECS shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under Section 501 (c.) (3) of the Internal Revenue Code of 1954, as amended or as may be amended or superseded, or (b) by a corporation contributions to which are deductible under Section 170 (c.) (2) of the Internal Revenue Code of 1954, as amended or as may be amended or superseded.

Article VIII: Amendments

Proposals for amendments to the Constitution or By-Laws must be submitted to the officers in writing. The officers will discuss proposed amendments at their next meeting, and present them at the following Membership meeting along with their recommendations. Notice of a vote for amendment to the Constitution or By-Laws must appear in ARECS publications prior to an attempt to amend. Amendments shall be ratified by a two-thirds majority of the Active Members present at the meeting where they are presented.

Article IX: Removal/Recall

Between elections, officers can be removed from office only after at least one-third of the General Membership eligible to vote for that office signs a petition calling for a recall election. No petition for a recall election shall be circulated prior to ninety (90) days after a General Election. No more than thirty (30) days may elapse between the first presentation of a recall petition to members and its approval and signature by at least one-third of the members eligible to vote for the office being recalled. When a recall petition containing the necessary signatures is presented to any Officer, the text of the petition must be published immediately through the ARECS Web site or newsletter. No more than sixty (60) days may elapse between the presentation of a recall petition containing the required signatures and a Special Meeting at which the recall election takes place. At the Special Meeting, at least two-thirds of the members eligible to vote for the recalled office must vote in favor of the recall in order for the officer to be removed. A new officer will then be elected to that office by a majority vote of the Membership eligible to vote for that office. Procedures for the recall election will otherwise be as outlined in the By-Laws for a General Election. A person removed from office by a recall election shall not be eligible to run for or hold any office for a period of three (3) succeeding terms.

Article X: Rules

In the conduct of all meetings at which ARECS business is decided, Roberts Rules of Order shall govern the proceedings. An agenda of items to be discussed shall be prepared prior to the meetings and followed as closely as possible, where time allows. In all cases of dispute, the interpretation of the rules and the final decision shall be rendered by the President.

By-Laws

1. Members

Pursuant to Article I of the Constitution, the following membership requirements are established:

Any person interested in radio communication for public service and personal aims, without pecuniary interest, is invited to apply to the Secretary of ARECS. There shall be no dues or fees charged for membership.

Any person who maintains a primary residence within the City of New York, and who is not otherwise disqualified from membership in ARECS, shall be accepted for membership upon application to the Secretary.

2. Membership Categories

The Secretary shall maintain complete lists of auxiliary, new, active, and inactive ARECS members. Auxiliary members are those members who do not hold amateur radio licenses issued by the Federal Communications Commission or do not reside within the five Boros of New York City. New members are those who hold amateur radio licenses, but have been members of ARECS for less than twelve (12) consecutive months. Inactive members are those who hold amateur radio licenses and have been members of ARECS for more than twelve (12) consecutive months, but who have not met the requirements for active membership. Active members are those who hold amateur radio licenses, have been members of ARECS for at least twelve (12) consecutive months, and have met the requirements for active membership, as defined in these By-Laws, during the preceding twelve (12) months.

3. Requirements for Active Membership

Active membership shall require checking into at least fifty (50) percent of the weekly ARECS radio nets during the year, and providing amateur radio communications support for at least four (4) public-service events during the year. The list of public-service events that count towards active ARECS membership shall be determined by the President, and maintained by the Secretary. Members must also complete EmComm levels 1, 2 & 3 courses plus FEMA IS-22, 100, 200, 700 & 800 in their first year (or by the end of 2016 for current members) to maintain active membership status.

4. Disqualification

An ARECS member may be disqualified from membership only for one of the following reasons:

Any member who stops maintaining a primary residence within the City of New York shall be immediately changed to auxiliary membership. An auxiliary member who resides outside of the five Boros shall immediately be eligible to rejoin ARECS regular membership upon establishing a primary residence within the City of New York.

Any member whose amateur radio operating privileges are suspended or revoked by the Federal Communications Commission shall be immediately disqualified from ARECS membership. Any member disqualified solely for this reason shall be eligible to rejoin ARECS only after his or her amateur radio privileges are fully restored, and then only if approved by a vote of the active ARECS members at the next General Election meeting.

Any member expelled from ARECS by the procedure outlined elsewhere in these By-Laws shall be permanently disqualified from ARECS membership.

5. Eligibility to Vote

In December of each year, immediately before the ARECS General Election, the Secretary shall determine which members have met the standards for active membership during the preceding twelve months. The Secretary will list all members as new, inactive, or active according to the standards defined in the "Membership requirements" section of these By-Laws. In all ARECS elections and meetings, only active members may vote. Only active members who are residents of Bronx County may vote for Vice-President of Bronx. Only active members who are residents of Kings County may vote for Vice-President of Brooklyn. Only active members who are residents of New York County may vote for Vice-President of Manhattan. Only active members who are residents of Queens County may vote for Vice-President for Queens. Only active members who are residents of Richmond County may vote for Vice-President of Staten Island.

6. "Grandfather" Clause

Individuals who were considered active members of the New York City Amateur Radio Emergency Service as of the 1st of December 2003, and who sign the original ARECS Constitution before the first General Election, shall be considered active ARECS members until the 1st of December 2004, at which time their active ARECS membership status will be determined as described elsewhere in these By-Laws.

7. Officer Requirements

No person shall be eligible for election as an ARECS officer who is not an active member of ARECS at the time of his or her election. After the 1st of December 2004, no person shall be eligible for election as an ARECS officer unless he or she has completed all of the training courses listed in these By-Laws. No person shall be eligible for election as an ARECS officer unless he or she has reached the age of eighteen (18) years at the time he or she is elected. The Vice-President for Bronx must be a resident of Bronx County at the time he or she is elected. The Vice-President for Brooklyn must be a resident of Kings County at the time he or she is elected. The Vice-President for Manhattan must be a resident of New York County at the time he or she is elected. The Vice-President for Queens must be a resident of Queens County at the time he or she is elected. The Vice-President for Staten Island must be a resident of Richmond County at the time he or she is elected.

8. General Election Meeting

With the exception of the first General Election, which will be held upon ratification of the ARECS Constitution, the ARECS General Election shall be held each year at a meeting in December. The Secretary shall schedule the General Election meeting, making every effort to schedule it at a time and place convenient to the maximum number of members. The time and place of the meeting shall be announced through the ARECS Web site or newsletter and during weekly ARECS nets at least one (1) month in advance.

9. Nominations and Election of Officers

The Secretary shall solicit nominations for candidates two (2) months in advance of the General Election meeting. Candidates for the offices of President, Vice-President for Bronx, Vice-President for Brooklyn, Vice-President for Manhattan, Vice-President for Queens, Vice-President for Staten Island, and Secretary may be nominated by any active member, including himself or herself. Any nominated candidate may decline nomination. The Secretary must receive all nominations at least one (1) month prior to the scheduled General Election meeting. The eligible candidates who have accepted nominations, and the offices for which they have been nominated, shall be announced through the ARECS Web site or newsletter and during the regular on-the-air nets. For each office, the candidate receiving the largest number of eligible votes at the General Election meeting shall be declared elected. Any candidate running unopposed shall be declared elected. Every officer shall serve and continue in office until his or her successor has been elected.

10. Vacant Offices

In the event that an office becomes vacant, the President may designate any other officer to fulfill the duties of the vacant office, until such time as it can be filled through an election.

11. Special Elections

In the event that an office becomes vacant, a Special Election shall be scheduled at the earliest possible time to fill the office. Scheduling of the meeting, the solicitation of nominations, and voting shall otherwise be as described elsewhere in these By-Laws for a General Election. If no qualified candidate is nominated for the vacant office, the President may designate any other officer to fulfill the duties of the vacant office, until such time as a qualified candidate can be nominated.

12. Meetings

The Vice-Presidents shall conduct regular monthly ARECS meetings in their respective Boroughs from January through November. These meetings shall be open to the general public. Vice-Presidents from different Boroughs may combine the monthly meetings for their Boroughs by mutual agreement, scheduling them at the same time and place. The President or any Vice-President may also schedule special meetings to discuss particular issues, and admission to these special meetings may be restricted to ARECS members only, or to officers only. A meeting open only to ARECS members must be announced and open to the entire membership. A meeting open only to ARECS officers must be announced and open to all officers. Notice of regular meetings will be published on the ARECS Web site or newsletter and be made on the air during weekly nets. Notices of special meetings, which are to be held at such a time where publication and net notification is not feasible, will be mailed to all members requested to appear at such meetings. Notice of special meetings will include date, time, and the business of the meeting. No proxies shall be allowed at any ARECS meeting.

13. Nets

An on-the-air ARECS net shall be held each week, at a day and time and on a frequency designated by the President. The President should make every effort to choose a date, time, and frequency convenient to the maximum number of members, and to change the net schedule as seldom as possible. The President shall establish a schedule of Net Control Stations and prepare opening and closing scripts for the weekly net. The Net Control schedule and scripts shall be published on the ARECS Web site or newsletter. If a roll-call is used to call up the net, it shall include all active and new ARECS members, but shall not include inactive or auxiliary members. The net script shall include an invitation for any licensed amateur radio operator permitted to operate on the designated frequency to join the net. The net shall be conducted at all times in accordance with Federal regulations and good operating practices.

14. Courses and Training (changes voted on December 8, 2015)

All ARECS members must complete the following courses in their first year or by the end of 2016 for current members:

"EmComm Introduction (Level 1)" or equivalent
"EmComm Basics (Level 2)" or equivalent
"EmComm Net Control (Level 3)" or equivalent
"IS-22.  Are You Ready? An In-depth Guide to Citizen Preparedness"
"IS-100,  Introduction to the Incident Command System"
"IS-200,  ICS for Single Resources and Initial Action Incidents"
"IS-700,  Introduction to the National Incident Management System (NIMS)"
"IS-800,  Introduction to the National Response Framwork"

In addition, the President may recommend additional courses and training offered by specific served agencies, but these recommendations will not constitute requirements for active ARECS membership.

15. Publications

The Officers shall appoint three members to serve on a Publications Committee. The Publications Committee will be charged with the maintenance of an ARECS Web site and/or newsletter, and may be asked by the Officers to prepare other publications, as deemed appropriate. The Publications Committee will select one of its members to serve as Editor, who shall be given overall responsibility for the content of ARECS publications. Any members, including any officers, may serve on the Publications Committee.

16. Grievance Committee

After each General Election, the officers shall appoint five members (one from each boro) to serve on a Grievance Committee. Any active member may serve on the Grievance Committee, but no officer may serve on it except as a non-voting member, as outlined elsewhere in these By-Laws. The Grievance Committee shall be responsible for resolving any complaints from members regarding other members. The committee shall elect one of its members as Ombudsman, and all members will be advised to contact the Ombudsman with any complaints of any nature regarding any other member. If the Ombudsman is unable to resolve a complaint informally to the complainant's satisfaction, he or she will recommend that the complainant file a written grievance.

17. Grievance Procedures

Any member(s) wishing to file a formal grievance must do so in writing to the Grievance Committee. The committee will then forward a copy of the complaint to the person against whom the grievance has been filed for his or her response. The response should also be made in writing and received within 15 days of notification. Upon receipt of an answer, the Grievance Committee, consisting of the five appointed members and the President (who shall attend the meeting ex officio and shall not have a vote) shall meet and arrive at a decision about the filed Grievance, then make a report to the membership as to their recommendation. If the complaint is directed at the President, then the next officer in the line of succession shall attend the meeting of the Grievance Committee ex officio, and the President shall not attend. The Grievance Committee may recommend (1) that no action be taken against the member, (2) that the member be asked to make amends for the offense in a specific manner, or (3) that the member be expelled. If making amends is recommended, but the member refuses to comply, or if expulsion is recommended, the Grievance Committee must call a Special Meeting of the general membership. At this Special Meeting, the member may be expelled from ARECS by a two-thirds (2/3) majority vote of the active members present.

New York City ARECS Officers

(elected March 27, 2004)
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Chris Sierra (KC2KFW) - VP Bronx
Mike Bartmon (KF2EO) - VP Staten Island
Ryan Jairam (AB2MH) - VP Queens
Alan W. Dove (N3IMU) - Secretary

(elected for term 1/1/2005-12/31/2005):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Chris Sierra (KC2KFW) - VP Bronx
Charles J. Hargrove (N2NOV) - VP Staten Island
Alan W. Dove (N3IMU) - Secretary

(elected for term 1/1/2006-12/31/2006):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Chris Sierra (KC2KFW) - VP Bronx
Charles J. Hargrove (N2NOV) - VP Staten Island
Frank Katalenas (N2UMC) - Secretary

(elected for term 1/1/2007-12/31/2007):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Chris Sierra (KC2KFW) - VP Bronx
Charles J. Hargrove (N2NOV) - VP Staten Island
Stephen Kaufman (KC2OSA) - Secretary

(elected for term 1/1/2008-12/31/2008):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Chris Sierra (KC2KFW) - VP Bronx
Frank Zodda (KC2QKS) - VP Brooklyn
Charles J. Hargrove (N2NOV) - VP Staten Island
Stephen Kaufman (KC2OSA) - Secretary

(elected for term 1/1/2009-12/31/2009):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Chris Sierra (KC2KFW) - VP Bronx
Frank Zodda (KC2QKS) - VP Brooklyn
Charles J. Hargrove (N2NOV) - VP Staten Island
Stephen Kaufman (KC2OSA) - Secretary

(elected for term 1/1/2010-12/31/2010):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Frank Zodda (KC2QKS) - VP Brooklyn
Charles J. Hargrove (N2NOV) - VP Staten Island
Stephen Kaufman (KC2OSA) - Secretary

(elected for term 1/1/2011-12/31/2011):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Frank Zodda (KC2QKS) - VP Brooklyn
Charles J. Hargrove (N2NOV) - VP Staten Island
Stephen Kaufman (KC2OSA) - Secretary

(elected for term 1/1/2012-12/31/2012):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Frank Zodda (KC2QKS) - VP Brooklyn
Charles J. Hargrove (N2NOV) - VP Staten Island
Stephen Kaufman (KC2OSA) - Secretary

(elected for term 1/1/2013-12/31/2013):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Frank Zodda (KC2QKS) - VP Brooklyn
Charles J. Hargrove (N2NOV) - VP Staten Island
Dylan Thompson (KC2ZYG) - Secretary

(elected for term 1/1/2014-12/31/2014):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Frank Zodda (KC2QKS) - VP Brooklyn
Charles J. Hargrove (N2NOV) - VP Staten Island
Dylan Thompson (KC2ZYG) - Secretary

(elected for term 1/1/2015-12/31/2015):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Frank Zodda (KC2QKS) - VP Brooklyn
Charles J. Hargrove (N2NOV) - VP Staten Island

(elected for term 1/1/2016-12/31/2016):
Charles J. Hargrove (N2NOV) - President
John Kiernan (KE2UN) - VP Manhattan
Frank Zodda (KC2QKS) - VP Brooklyn
Charles J. Hargrove (N2NOV) - VP Staten Island

We the undersigned, hereby affix our signatures to this document for the purposes of ratifying the Constitution and By-Laws of the New York City Amateur Radio Emergency Communications Service, also known as ARECS. We also acknowledge that we become the charter members of said organization and pledge to work together for the furthering of our shared goals, of providing timely emergency communications services for served agencies and charitable groups, for the comfort and aid of the citizenry.

/signed/

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