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CONSTITUTION AND BY-LAWS OF THE NATIONAL ASSOCIATION OF CHRISTIAN CATASTROPHE INSURANCE ADJUSTERS
PREAMBLE
WE, THE CHRISTIAN CATASTROPHE INSURANCE ADJUSTERS OF THE UNITED STATES OF AMERICA, IN ORDER TO ESTABLISH PROFESSIONAL STANDARDS, INSURE WORKING RELATIONS WITH ONE ANOTHER, PROMOTE OUR GENERAL WELFARE AND PROVIDE MEANS FOR DEALING WITH OUR COMMON PROBLEMS, MAKE THIS CONSTITUTION FOR OUR ASSOCIATION.
ARTICLE I
NAME
SECTION 1 The name of the Association shall be the NATIONAL ASSOCIATION OF CHRISTIAN CATASTROPHE INSURANCE ADJUSTERS and the acronym shall be NACCIA.
SECTION 2 The Association shall be a non-profit association.
SECTION 3
The motto of the Association shall be "Bringing Christ's Light to the Storm".
ARTICLE II
THE PURPOSE OF THIS ORGANIZATION SHALL BE:
SECTION 1 To promote and maintain Christian ethical practices and professional standards in the catastrophe insurance claims profession.
SECTION 2 To vigorously resist false, fraudulent claims and to promptly expose dishonest or unethical practices within our profession.
SECTION 3 To aid the education of the members by securing and disseminating information pertaining to our profession, through the free discussion of common problems, and by the acknowledgment of educational achievements.
SECTION 4 To promote the general welfare of the insurance industry and to support and assist individual adjusters as they live the Christian life in the insurance claims industry.
SECTION 5 To honor and acknowledge the noteworthy accomplishments of individual members who have gained stature through unselfish contribution, advanced education and tenure of experience in and for our profession.
SECTION 6 To facilitate Christian fellowship, harmony and cordial business relationships among the members.
ARTICLE III
CODE OF ETHICS
SECTION 1 Members will strictly adhere to The Statement of Principles on The Rights and Duties of Christian Claims Professionals adopted by the Association or as it may hereafter be amended.
SECTION 2 Members shall strictly adhere to the "UNFAIR CLAIMS PRACTICES ACT" as enacted or passed by any applicable and/or appropriate state legislative or government body. SECTION 3 No member shall accept gratuities from an insured and/or claimant for personal enrichment from the service of experts, salvers, or repairmen.
SECTION 4 Members shall cooperate with each other and give to one another Christian fellowship, professional aid, and professional support.
SECTION 5 No member shall knowingly compete or advise any person, firm, or corporation in which his/her personal interest in any manner conflicts with those of the company he/she represents.
ARTICLE IV
MEMBERSHIP
SECTION 1 A. MEMBERS: Any person is eligible for membership who has a minimum of three (3) years catastrophe property adjusting experience verified by work history, including related or ancillary claims adjusting work for the industry, and is actively engaged in and derives the major part of his/her income from the handling, adjusting, supervision or investigation of catastrophe losses and/or claims for, or on behalf of, insurance companies or self-insureds, or derives their income from work ancillary to or essential to the claims adjusting industry. Applicants must submit the online application; and, when requested, a more complete application including a resume with three verifiable insurance related business references; a work history for the last five years to include dates worked, location, type of storm(s) and storm office supervisor(s), verifiable business names, addresses, and direct supervisors name and phone numbers; and recommendation letters. Resumes and supporting documentation may be submitted electronically via email or in writing to the general office of NACCIA.
B. ASSOCIATE MEMBERS: Any person who meets above qualifications for general members and has less than three (3) years but more than one year catastrophe property adjusting experience. Associate Members do not have voting privilege, and may not attend business meetings. New applications for Associate Members may be voted on by the general membership at the annual meeting after receiving the application, or may be granted immediate membership by the Membership Committee at the time their application is received. At any time after an Associate Member has three (3) years catastrophe property adjusting experience verified by work history, he or she may submit a regular membership application as detailed above. Existing Associate memberships will be voted on each year at the annual business meeting or granted membership by the Membership Committee at the time of their application. Any individual in the claims adjusting business who is not a CAT adjuster may also join at this level, but may not advance to full membership until he or she begins work in the catastrophe adjusting industry, as such.
C. APPRENTICE MEMBERS: Any person who does not meet the qualifications for Associate Membership in that he/she may not be actively engaged in and derive the major part of his/her income from the handling, adjusting, supervision, or investigation of catastrophe losses and/or claims for, or on behalf of, insurance companies or self-insured’s, or engaged full-time in work ancillary to the catastrophe adjusting industry. This category of membership is intended for those persons who have just entered or are considering entering in the catastrophe adjusting profession. Apprentice Members do not have voting privileges and may not attend business meetings. New applications and renewal apprentice memberships will be voted on by the members at the next annual meeting or be granted by the Membership Committee at the time the application is received. At any time the Apprentice Member meets the requirements for an Associate Member, he/she may submit an application for Associate Membership, as detailed above.
D. ASSOCIATE BUSINESS MEMBERS: Adjusting firms, executives of insurance companies or firms, and individuals or firms associated with the claims adjusting business. Associate Business Members are excluded from the membership business meetings and voting rights. New applications for business associate members will be voted on each year by the general membership at the annual business meeting or granted by the Membership Committee at the time the application is received.
E. SUPPORTING MEMBERS: Any individual in the claims industry who is not a Christian but wishes to gain the benefits of membership in NACCIA may apply as a Supporting Member. Supporting Members may not vote on any initiatives of NACCIA, but they may comment on proceedings of the Annual Meeting if they are in attendance at the meeting. Supporting Members are required to submit the online application and to specify their religious affiliation (if any), requesting membership into NACCIA as a Supporting Member. New applications for Supporting Members are voted on by the membership of NACCIA or granted Supporting Membership by the Membership committee at the time of their application.
SECTION 2 Membership shall be in the name of the individual and each membership shall be entitled to only one vote in any meeting, election or balloting.
SECTION 3 Any member who has been found to be conducting himself or herself in a manner contrary to NACCIA ethical standards as outlined in the The Rights and Duties of Christian Claims Professionals shall be automatically dropped from membership until such time that he or she is able to exonerate himself or herself of improper conduct before the Executive Board.
SECTION 4 Members: A. May attend all meetings of The Association. B. May be eligible to attend all seminars and training sessions of The Association, subject to registration requirements. C. Shall receive all general and approved writings. D. May vote and hold office in The Association or its Committees.
SECTION 5 A. Life Membership may be given to those members who are deserving of such recognition for their long tenure as an active member, and for their past contributions to The Association. Names of all candidates for Life Membership shall be submitted to the current Executive Committee who will determine qualifications, and which names will be submitted to the General Membership for voting approval or rejection during a regular session at the Annual Convention. Voting by the General Membership on any candidate submitted by the executive committee for such vote will be done by secret ballot.
B. Names of candidates who are submitted to the General Membership, as above, (Section 5, A) shall receive the classification of "Life Member" by a two thirds (2/3) vote of the General Membership present at the Annual Convention.
C. "Life Members" shall enjoy all the benefits of The Association as outlined in Section 4, Sub-paragraphs A, B, C and D, above.
SECTION 6 Any member who knowingly sponsors a candidate for membership, who does not meet the qualifications for such, shall be brought before the grievance committee for possible expulsion from NACCIA. SECTION 7 Public Adjusters, or anyone who has worked as a Public Adjuster in the preceding two (2) years is strictly prohibited from membership. Membership shall be forfeited upon working as a Public Adjuster.
ARTICLE V
OFFICERS
SECTION 1 The officers of the Association shall be elected from the current listing of active, general members. Officers shall consist of a President, Vice-President, Secretary and/or Treasurer, and a Sergeant at Arms.
SECTION 2 The President shall be elected for a term of three years at each annual meeting of The Association.
SECTION 3 The Vice-President, Secretary/Treasurer, and Sergeant At Arms shall be elected for a term of three years at the annual meeting of The Association.
SECTION 4 In the event a vacancy occurs in the office of President, the Vice-President shall immediately become President. If the office of Vice-President is vacant, or if the Vice-President is unable or unwilling to assume the Presidency, a successor to the office of President shall be elected by the Executive Committee by majority vote, to serve out the unexpired term, at which time a President shall be elected by the Members.
SECTION 5 In the event a vacancy occurs in the office of Vice-President, the Executive Committee shall appoint, by a majority vote, a Vice-President to serve out the unexpired term in the office of Vice-President. At the end of such term, a new President and Vice-President shall be elected by the members as provided by these Articles.
SECTION 6 In the event a vacancy occurs in the offices of Secretary/Treasurer or Sergeant At Arms, the successor shall be appointed by the President with the approval of the Executive Committee.
SECTION 7 Except as provided otherwise by these Articles, all officers of The Association shall serve until their successors take office. At that time, Vice President automatically moves into position of President; Secretary/Treasurer automatically moves into position of Vice President; Sergeant at Arms automatically moves into position of Secretary/Treasurer, and a new officer is elected to begin service as Sergeant at Arms. All officers of The Association shall serve without compensation.
ARTICLE VI
DUTIES OF OFFICERS
SECTION 1 The President shall be in charge of all affairs of The Association. He or she shall preside at all meetings of The Association and of the Executive Committee during his or her term of office. He or she shall appoint all committees except the Executive Committee, after consultation with the Executive Committee regarding the availability and qualifications of the contemplated appointees. Consultation with the Executive Committee is an advisory consultation.
SECTION 2 The Vice-President shall act in case of disability of the President and on such other occasions as the President may request, and as specified by these Articles.
SECTION 3 The Secretary and/or Treasurer shall be in charge of the funds of The Association, shall see that donations and gifts are collected and bills paid and shall perform such other duties as are usual to the office. The Secretary and/or Treasurer, under the direction of the President, shall supervise the operation of the Executive Office and shall employ such persons as deemed necessary for the proper conduct of Association affairs, as provided in Article VII.
SECTION 4 The Sergeant At Arms shall keep order at meetings and assist the membership in following Robert's Rules of Order and our Constitution and By-Laws. He or she shall also keep minutes of meetings and see that they are distributed to the members in a timely fashion.
ARTICLE VII
STAFF AND THEIR DUTIES
SECTION 1 A principal staff assistant, and other staff assistants, shall be hired as contract labor by the Secretary and/or Treasurer upon authorization of, and subject to the approval of the President and Executive Committee, and shall be assigned such duties by the Secretary and/or Treasurer and the President as the affairs of The Association shall require. The terms and conditions of such contract and the assignment of such duties shall be subject to the approval of the Executive Committee. Regardless of any title conferred upon any contract laborer such party shall not be considered as an Officer of The Association or have voting privileges at any time. Whenever in these Articles, the title "Executive Secretary" appears, the phrase Staff Assistant or Office Manager shall be substituted for the said title.
SECTION 2 Principal Staff Assistant may sign drafts up to and including $1,500.00. Duplicating payments to one entity to avoid required counter signatures is forbidden. Any draft issued above this amount would require being counter signed by the President or the Secretary/Treasurer.
ARTICLE VIII
COMMITTEES AND THEIR DUTIES
SECTION 1 General committees of The Association shall be composed as provided hereafter in this Article:
A. Chairman and committee members, except the Executive Committee, shall be appointed by the President and may be removed at hisor her discretion. B. Committee chairmen and members shall serve one year or until their successors shall be appointed, except as otherwise provided in this Article. C. Each Committee shall formulate its own rules and procedures, such that they do not violate the provisions of the Constitutions or By-Laws of this Association.
SECTION 2 EXECUTIVE COMMITTEE: The Executive Committee shall consist of the officers of The Association and the Immediate Past President. It shall have general control of The Association between Association meetings. The Executive Committee shall appoint a member to review existing or non-renewed memberships.
SECTION 3 SPECIAL EXECUTIVE COMMITTEE: The Special Executive Committee shall consist of the members of the Executive Committee and the members of the Past Presidents' Advisory Board. The presiding officer shall be the current President or highest ranking officer in attendance.
SECTION 4 MEMBERSHIP COMMITTEE: Membership Committee shall consist of five (5) members so appointed that two (2) members shall be replaced yearly. It shall review applications for membership which have been tendered, granting membership as appropriate at the time of application or suspending membership applications until the annual meeting, as it deems necessary.
SECTION 5 CONFERENCE COMMITTEE:
The Conference Committee shall see to the arrangements of an annual conference of members and the arrangements of the annual meeting of the Association, which events may coincide as necessary. The Committee shall consist of five (5) or more members as appropriate. The chairman of the Conference Committee shall be appointed by the Executive Committee as may other members of the Conference Committee. The chairman of the Conference Committee may appoint other members of his or her committee as necessary.
SECTION 6
PRESIDENT: The President may appoint such other committees and prescribe their duties as he or she may deem necessary.
ARTICLE IX
ADVISORY BOARD
SECTION 1 There shall be an Advisory Board or "Board of Advisors" consisting of the past Presidents of The Association who are still members of the Association. The immediate past President shall be the chairman and preside during its meetings. The Board shall formulate its own rules of procedure, provided they do not violate the constitution or by-laws of the Association. Three members of The Board shall constitute a quorum at any meeting. The President may request the consultation and advice of The Board. All requests for advice from The Board shall be channeled through the President of the Association. The Board shall meet in conjunction with the annual meeting of The Association to consider matters before it. The Board will submit its recommendations to the President and the Executive Committee. The recommendations of The Advisory Board shall not be mandatory upon the President, the Officers or membership of The Association.
ARTICLE X
MEETINGS OF THE ASSOCIATION
SECTION 1 The Association shall meet once in each calendar year at a time and place fixed by the members. The purpose of the Annual Meeting will be to elect officers and transact other business of The Association, as deemed necessary at the time of the meeting.
SECTION 2 All meetings of The Association will be conducted according to the latest edition of the Robert's Rules of Order, Revised. An exception to the rules may be made by the presiding officer if such exception will expedite the transaction of business for The Association.
SECTION 3 The Executive Committee is empowered to decide whether a matter (except matters pertaining to constitutional changes which must be acted upon by a vote of members) shall be presented at the Annual Meeting of The Association for a vote of those present or be submitted to The Membership by mail or email. If submitted by mail or email, those votes which are returned by The Membership to the Executive Committee within fifteen (15) days from the date of mailing to The Membership are to be counted. The affirmative vote required to pass or approve a matter by mail or email shall be the same as that which would have been if voted upon in the Annual Meeting. Matters submitted for a vote by mail or email should be accompanied by sufficient information to enable a Member to understand the purpose of the matter submitted and the effect of his or her vote.
SECTION 4 The President, upon the recommendation of the Executive Committee, may call a special meeting by giving thirty (30) days written notice to the Membership stating the reason for calling the special meeting and designating the time and place for holding the meeting.
SECTION 5 Two-thirds of the Registered Members at any meeting shall constitute a quorum for changing anything in the Constitution or By-Laws. Other meetings may meet with less than two-thirds of the members, provided 30 days notice has been given of the nature of the meeting and all matters subject to a vote at the meeting have been mailed or emailed to all members, giving them an opportunity to respond to the items to be voted on.
ARTICLE XI
DUES
SECTION 1 There are no dues for membership. Future dues and/or special assessments, however, shall be set by the Executive Committee and voted on by the membership and shall not be pro-rated for Members who apply to NACCIA for a period less than one year.
ARTICLE XII
AMENDMENTS TO CONSTITUTION AND BY-LAWS
SECTION 1 All amendments and amendments of amendments to the Constitution and By-Laws shall be submitted to the Executive Committee for submission to the Membership.
SECTION 2 Proposed amendments and amendments of amendments shall be considered and voted upon at any meeting of the Association provided the full text of such amendments has been given in writing to the Members at least thirty (30) days prior to the Meeting at which it is to be voted upon. An amendment shall be passed following an affirmative vote by a two-thirds majority of the Members voting. A quorum for voting upon amendments shall be two-thirds of the entire membership of the Association, which quorum must be present at the meeting physically or by proxy.
SECTION 3 Amendments to the Constitution and By-Laws and the standard procedure for discipline shall be recommended by the Executive Committee and thereafter may be offered on the floor of any meeting of The Association and, if so desired, shall be voted on by a show of hands. Members who vote in proxy for another member shall not hold more than one proxy vote. All proxy votes shall be counted after general membership voting has been done. Amendments may also be offered between meetings to the Executive Committee and, if approved, may be voted on by mail or email. A two-thirds majority vote of the Members present at any meeting shall be required for the passing of any amendment, and, in the case of voting by mail, a two-thirds vote of the members whose ballots are returned to the Executive Office within thirty (30) days from the date they are mailed to the Membership.
SECTION 4 Any member whose proposed amendment to the Constitution and By-Laws fails to reach the floor of a meeting for vote, after such amendment has been processed in accordance with Section 1, 2, or 3 above, may call for an open discussion of said amendment from the floor of such meeting. He or she may also call for a vote by mail on the amendment, within sixty (60) days of such meeting, if two-thirds of the Members present approve. A two-thirds majority of the members in good standing shall be required to pass the amendment so processed under this article.
ARTICLE XIII
ELECTIONS
SECTION 1 Election of officers will be held at Annual Meetings with nominations from the floor based on a simple majority vote.
SECTION 2 New applicants for membership may be put forward at the Annual Meeting and will be voted on by the Members with five (5) NO votes rejecting membership. New applicants for membership may also be approved by the Membership Committee at the time the application is received by NACCIA, provided they are received 15 days prior to the date of the Annual Meeting.
ARTICLE XIV
RULES AND REGULATIONS
SECTION 1 The Membership shall make appropriate By-Laws providing rules and regulations for The Association. The Phrase "these Articles" and "constitutional provisions" shall include all Articles of the Constitution and all By-Laws of The Association.
ARTICLE XV
ASSOCIATION PROPERTY
SECTION 1 The legal title and ownership of all property and assets of this Association shall vest in the NATIONAL ASSOCIATION OF CHRISTIAN CATASTROPHE INSURANCE ADJUSTERS.
BY-LAWS
1. APPLICATION FOR MEMBERSHIP: Applications shall be submitted online at the NACCIA website. Supporting documents, when requested by the membership committee may be submitted electronically or by mail.
2. APPLICANTS PLEDGE: Applicants must pledge themselves to support The Association and conform to its rules, regulations and Code of Ethics prior to being accepted as members.
3. LICENSING: Members must have and maintain licenses as independent adjusters where such licenses are required by law in the localities where they operate.
4. PROFESSIONAL INTEGRITY: Investigations and adjustments shall be made with judicial impartiality. Reports shall state the truth, the whole truth and nothing but the truth.
5. PROFESSIONAL ABILITY: Members must be fitted by knowledge and experience for the work they undertake. They must not endanger the interest of Insurers or risk doing injustice to insureds and/or claimants by attempting to handle work for which they are not qualified and for which they cannot find competent technical assistance.
6. PROHIBITED ACTIVITIES: No member shall accept gratuities from insureds and/or claimants, or participate in charges of experts, salvers or repairmen. Members shall not acquire any interest in property salvage except by permission of the insurer.
7. TENURE OF MEMBERSHIP: A member shall hold membership as long as he or she professes faith in Christ and his or her membership has not been suspended, expelled, or otherwise duly terminated in membership due to or because of a violation of provisions of the Constitution and By-Laws of the NATIONAL ASSOCIATION OF CHRISTIAN CATASTROPHE INSURANCE ADJUSTERS.
8. RELATIONS BETWEEN MEMBERS: Members shall cooperate and give to one another professional aid and support, especially by means of Christian fellowship.
9. INVESTIGATIONS OF COMPLAINTS: All Complaints and charges against a member shall be investigated and a hearing held in accordance with a standard procedure for discipline adopted by The Association and amendments thereto. Any failure to follow such procedure shall not affect the legality of the proceedings or the decision rendered unless such failure has deprived the accused Member of the fair and impartial hearing or an opportunity to present his or her answer to the complaints. The findings and decision of the Executive Committee shall be final.
10. DISCIPLINARY ACTION: If the investigation of charges by the GRIEVANCE COMMITTEE indicates that the accused Member is guilty, but the offense is not severe enough to justify expulsion, the Executive Committee shall have authority to waive formal hearing and to impose a reprimand, fine, suspension or such other penalty as appears appropriate. The President shall present a copy of the complaint, report of investigation, report of the Grievance Committee and his/her recommendation at the next meeting of the Executive Committee, who shall decide on what further action shall be taken. Nothing herein shall deprive a Member of the right to a formal hearing in the manner prescribed in the standard procedure for discipline, provided request for such hearing is made within thirty (30) days after receipt by the Member of notice of the penalty imposed.
11. STANDARD PROCEDURE FOR DISCIPLINE: All complaints against a Member will be submitted in writing to the Executive Committee, which will refer such complaints to the Grievance Committee for investigation. The expense for such investigation by the Grievance Committee shall be prorated and shared by the membership if deemed necessary by the Executive Committee. The results of this investigation by the Grievance Committee and their recommendations shall be returned to the Executive Committee within sixty (60) days from the date complaint was first made. The Executive Committee shall be empowered to fix the form of punishment if same is in order, or, to clear the name of the Member. The individual Member shall have the right to request a formal hearing and such hearing must be held within sixty (60) days of such request. All information pertaining to complaints and any action taken by the Grievance Committee or Executive Committee shall be confidential.
12. GROUNDS FOR EXPULSION: Any Member found guilty of any breach of trust, violation of the Constitution, By-Laws, or Code of Ethics, incompetence or any other misconduct that is prejudicial to the reputation and good standing of The Association, may be expelled by the Executive Committee as provided by the standard procedure for discipline.
13. REINSTATEMENT: In the event a member has at any time in good faith resigned from The Association for any reason other than upon request by the Executive Committee, this former Member may reinstate by paying current annual dues plus the application fee. Member will be automatically reinstated when dues and fee are received. A Member not paid for more than two years should reapply as a new member.
14. Usually some suites at the annual meeting or conventions are given on a complimentary basis. The order the suites will be assigned are as follows: 1) President, 2) Vice President, 3) Staff Person, 4) Convention Chairman, 5) Secretary/Treasurer, 6) Sergeant At Arms, 7) Balance of rooms, if any, will be selected through a drawing at the annual banquet, and Members, Associate Members and Associate Business Members will be eligible. If there should be less than three complimentary rooms, The Association will pay for the rooms of 1) President, 2) Vice President and 3) Staff Person.
15. NOTICE OF MEETINGS AND PROGRAMS: Written notice of any meeting shall be emailed to each member at least thirty (30) days before the date of the meeting.
16. ORDER OF BUSINESS: The order of business for any meeting shall be planned by the Executive Secretary and approved by the President. It shall be incorporated in the program of the meeting.
17. REPORTS OF ANNUAL MEETINGS: The reports of each annual meeting shall be printed and distributed to the Membership promptly.
18. GUESTS: Guests are welcome except for certain items of the meeting which will be designated.
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