OAPS Bylaws

Adopted November 20, 2010
Article I Name
  1. The name of the association shall be the, Oregon Association Of Process Servers, Inc.
Article II Principles
  1. The primary purpose of the Oregon Association of Process Servers, Inc. shall be to promote and upgrade the process serving industry in the State of Oregon:
    1. By providing education to its membership to increase professional knowledge and skill.
    2. by promoting state legislation, and through the National Association of Professional Process Servers promote federal legislation, to benefit the industry and the public.
    3. by combating state legislation, and through the National Association of Professional Process Servers combating federal legislation, which may be harmful to the industry and the public.
    4. by creating and maintaining a moral, professional, and ethical standard for the industry.
    5. by improving relations with judges, clerks, support staff, officers of the court and with the public.

Article III Fiscal Year
  1. The fiscal year of the Association shall begin on the first day of January and end on the last day of December of each year.

Article IV Membership
  1. Types of Membership: There shall be three (3) types of Membership: Oregon Regular, Oregon Associate and Affiliate All members agree to abide by the Bylaws and Code of Ethics of OAPS as a condition of membership.
    1. An Oregon regular membership in the association shall be open to any person whose business, or the business for which they work, is engaged in the private process serving business within the State of Oregon and whose conduct is in compliance with all state, county and city statutes and court rules controlling private process serving. An Oregon regular member’s name and company name (if applicable) and contact information shall appear in the association’s printed directory and the association website. An Oregon regular member shall have one (1) vote in the conduct of association business, and is eligible to hold an office in the association.
    2. An Oregon Associate membership in the association shall be open to any person whose business, or the business for which he/she works, is engaged in the private process serving business within the State of Oregon and whose conduct is in compliance with all state, county and city statutes and court rules controlling private process serving. An Oregon Associate Member’s name and company name (if applicable) and contact information shall appear only in the association’s printed directory with only one listing in the Associate’s primary county of business. An Oregon Associate Member has no vote in the conduct of association business and cannot hold an office in the association.
    3. An Affiliate Membership shall be open to any person whose conduct is in compliance with all state, county and city statutes and court rules controlling private process serving in their state, and (a) who is engaged in the private process serving business outside the State of Oregon, (b) is engaged in business related to the private process serving industry, or (c) is a supporter of the private process serving industry in the State of Oregon. An Affiliate Member shall appear in the association’s printed directory and on the website, designated as an Affiliate Member. An Affiliate Member has no vote in the conduct of association business and cannot hold an office in the association.
  2. Membership in the Association shall be approved on an individual basis and shall not be transferable. A Member may only have one listing per county in either the printed directory or the OAPSonline.com web site.
  3. Denial of Membership: Membership shall not be granted to any person who has been convicted of a crime unless such crime was officially pardoned or the record thereof has been expunged, or after review of the Executive Committee, has been approved
  4. Oregon Regular Membership Application Process:
    1. Applications for Oregon regular membership shall be in writing, on forms provided by the Association, and signed by the applicant. Such application shall contain, but not be limited to, information pertaining to:
      1. the full legal name of the applicant,
      2. addresses of the applicant to include: (1) business physical address; (2) business mailing address, if different, and (3) physical residential address;
      3. proof of registration of the applicant's business name with the State of Oregon, if applicable
      4. proof of licensing in applicant's county or state, if required there, and
      5. information regarding whether errors and omissions insurance has been acquired for service of garnishments in the State of Oregon.
    2. Payment of the current year's dues in advance shall be submitted with the application.
    3. Review of the Regular Membership Application. The Membership Committee shall review and verify all applications, which shall include, but not be limited to, a criminal background check of the applicant. It shall be the responsibility of the Membership Committee to verify the information supplied on the membership application and, if there are any questions or inconsistencies, to contact the applicant or other appropriate parties, for the purpose of obtaining sufficient information to answer any questions or resolve any inconsistencies caused by the application.
      1. Discrepancies in the membership application. In the event the Membership Committee is unable to obtain sufficient information to answer any questions or resolve any inconsistencies caused by the membership application, the Membership Committee shall notify the President and the Board of Directors, as well as the applicant. The Board of Directors shall then contact the applicant to arrange for mediation as a last effort to answer the questions and resolve the discrepancies.
    4. Notice to the membership. Whether or not the inconsistencies are resolved by the Board, notice of the application for membership shall then be distributed to the general membership, together with the Board of Director's recommendation, if any.
    5. Final approval if no objections. Final approval of the application shall occur automatically 30 days after the mailing to the membership, if no written objections are received by the Membership Committee within that period of time.
      1. Written objection received. If a written objection is received by the Membership Committee within 30 days after the mailing of the notice to the membership, the Membership Committee shall immediately notify the President, Board of Directors, and the applicant. After reviewing the application and the objection(s) and conducting any interviews it deems necessary, the Board of Directors shall make its recommendation in writing to the membership within 30 days of receipt of the objection.
      2. Recommendation of the Board of Directors. The recommendation of the Board of Directors shall be final unless an objection is received within 30 days by the Board. If there is an objection to the Board of Directors' recommendation, the matter shall be submitted to the general membership at their next meeting.
  5. Oregon Associate and Affiliate Membership Application Process for NAPPS Members:
    1. Applications for Affiliate Membership by NAPPS members shall be in writing, on forms provided by the Association, and signed by the applicant.
    2. Such application shall contain, but not be limited to, information pertaining to:
      1. the name of the applicant,
      2. proof of NAPPS membership.
    3. Advance payment of the current year's dues shall be submitted with the application.
    4. Review of the Affiliate Membership Application for NAPPS Members. Affiliate Membership is granted automatically to all NAPPS members in good standing. The Membership Committee's sole responsibility shall be to review all applications, and verify that the applicant is in good standing with NAPPS.
  6. Termination of Membership: Termination of membership shall be effective thirty (30) days past the due date for annual dues.

Article V Dues
  1. Annual dues for all members shall be set for the next fiscal year by a majority vote of members in good standing at any annual meeting. The dues voted upon shall remain in effect until changed at any other annual meeting.
  2. Annual dues shall be prorated on a quarterly basis for any Oregon Regular member who joins after January 31 and before December 1st.
  3. The annual billing statement to members of each class shall be sent at least 30 days prior to the due date of January 1st.

Article VI Officers
  1. There shall be the following elected officers: President, Vice President, Secretary, Treasurer, and Sergeant-at-Arms and Immediate Past President.
  2. The term of each officer shall be from annual meeting to annual meeting.
  3. Any Oregon Regular member in good standing shall be eligible to hold office. Good standing as used in these Bylaws shall mean that the member's dues are current and that the member is in full compliance with any decision rendered by the Grievance Committee against them.
  4. The officers of the association shall be known as the Executive Committee of the Board of Directors.

Article VII Standing Committees
  1. The Association shall maintain the following Standing Committees: Legislative; Membership; Continuing Education, Grievance, Directory and Website.
    1. Membership. This Standing Committee's responsibilities are to recommend to the Board of Directors a plan of action for enlarging the membership and retaining current members. The committee shall implement the membership plan approved by the Board of Directors.
    2. Continuing Education. This Standing Committee's responsibilities are to provide the membership with current rules and regulations regarding the service of process for the State of Oregon and to keep the membership apprised of any revisions, additions or deletions to the Oregon statutes, Rules of Civil Procedure, or Oregon case law.
    3. Directory Committee. This Standing Committee's responsibilities are, at the direction of the Board of Directors, to:
      1. Prepare, publish and distribute an annual directory of the membership of the organization for the members' use.
      2. Actively solicit advertising and payment for advertising in the directory from all members.
      3. Adhere to deadlines established by the Board of Directors for the coordination of printing and distribution.
      4. Have available, or access to, directories for all new members or those members in good standing who request additional copies.
    4. Grievance Committee. This Standing Committee's responsibilities are to receive written complaints from any member, whether regular, or affiliate, against any other member, and to gather such information pertinent to the complaint, take written or oral testimony, or both, from the parties, and prepare a written recommendation to the parties of the grievance regarding the issues of the complaint.
      1. Charges of professional dishonesty, working against the principles and purposes of the organization, and/or injuring the professional standing of a member, may be filed in a written statement signed by a member in good standing, and sent to the Grievance Committee.
      2. If the complaint is against the Chairperson of the Grievance Committee, the Board of Directors shall appoint a Temporary Chairperson to handle only this complaint and investigation.
      3. The member involved in the alleged violation shall be immediately notified by the Grievance Committee in writing of the action to the mailing address currently on record and given 14 days to respond in writing to the allegations. Absent any response by the member, the Board of Directors, with a majority vote, may revoke the membership of such member.
      4. The complaining member shall have 10 days to counter the response in writing to the Grievance Committee Chairperson.
      5. The member involved in the alleged violation shall have 10 days to answer the complaining member's counter-response in writing to the Grievance Committee Chairperson.
      6. Thereafter, the Grievance Committee shall consider all materials received from both parties, take oral testimony from both the parties if such is deemed necessary by the Grievance Committee, or if either party requests an opportunity to be heard in person.
      7. The Grievance Committee shall prepare a written report of the complaint and the investigation and submit a recommendation to all parties involved. If the committee's recommendation is rejected, in whole or in part, by any one or both parties, in writing, the complaint, investigation and the committee's recommendations, along with the written rejection will be brought before the Board of Directors for final resolution.
    5. Legislative Committee. This Standing Committee's responsibility is to be informed of the legislative agenda voted on by the voting members of the Association, and be responsible for formulating and carrying out a plan of action, with the approval of the Board of Directors, for successfully promoting the Association's legislative agenda. In the event the Association has contracted with a lobbyist, this committee shall maintain a close working relationship with the contracted lobbyist and shall assist in any capacity appropriate or necessary to achieve the legislative goals of the Association. The committee shall report to the Association any proposed legislation pending in the legislature that will have any impact, whether positive or negative, on the service of process procedures of the State of Oregon.
    6. Web Site Committee. This Standing Committee's responsibility is to oversee the official association web site and make recommendations to the Board of Directors regarding its content.
  2. The Chairperson of each Standing Committee shall be appointed by the President. The Board of Directors shall approve each appointment. Membership on committees is open to all members in good standing.
  3. The Chairperson of each Standing Committee shall report to the Board at each meeting of the Board and shall be responsible to the Board of Directors. The Board of Directors may remove or replace a committee chair by a majority vote of the Board of Directors present at any regular meeting of the Board.
  4. The President may appoint such ad-hoc committees as are necessary to carry out the purposes of this Association.
    1. Each committee may establish such sub-committees as are needed to further the ends of that committee. Such sub-committees shall be appointed and be dissolved by the committee chair.

Article VIII Board Of Directors
  1. The Board of Directors shall consist of the elected officers, the appointed chairperson of the Standing Committees, two elected Oregon regular Members-at-Large and the immediate Past President.
  2. The Executive Board shall consist of the elected officers, and the immediate past president.
  3. The Board of Directors shall handle the regular business of the organization.
  4. Regular meetings of the Board of Directors shall be held at least four times a year. Regular board meetings shall be open to all members.
  5. A vacancy in office for the remainder of that term shall be filled by appointment by the Board of Directors.
  6. Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business of the Board.

Article IX Elections
  1. Nominations: The Nominating Committee shall consist of and be Co-Chaired by the two elected Members-at-Large. Their term of office shall be one year. At the end of the term, their duty is to nominate the officers and nominating committee for the next administration.
  2. The report of the Nominating Committee shall be made to the membership no less than 30 days prior to the Annual Meeting of the membership.
  3. Nominations from the floor will be in order at the Annual Meeting.
  4. Elections shall be by secret ballot.
  5. Each member shall be entitled to only one vote.
  6. Transition of Administration. There shall be a meeting of the executive boards immediately following installation. This meeting shall include the outgoing and incoming officers and the committee chairpersons.

Article X Duties Of Officers
  1. President: The President shall be the chief executive officer of the Association. The President shall preside at all meetings. The President shall supervise and control all of the business affairs of the Association. The President shall sign, with the Secretary or other proper officer authorized by the Board, all documents of the Association and carry on all other duties incident to the office of President, and such other duties as may be prescribed from time to time by the Board.
  2. Vice President: The Vice President shall perform the duties of the President in the absence of the President and such other duties as from time to time may be prescribed by the Board.
  3. Secretary: The Secretary shall keep the minutes of the meetings of the membership and Board of Directors in books provided for that purpose, be custodian of the Association's records, and perform such other duties as may be assigned by the President or the Board.
  4. Treasurer: The Treasurer shall be responsible for overseeing all fiscal policies and procedures adopted by the Board of Directors.

Article XI Meetings Of The Membership
  1. Annual Meeting: The association shall hold an Annual Meeting of the entire membership once during the calendar year for the purpose of electing officers, revising bylaws, adopting a budget, establishing a legislative goal, and any other business which the members deem appropriate.
  2. Notice of Annual Meeting: Notice of the Annual Meeting of the membership shall be given in writing to each member at least 30 days prior to the meeting date.
  3. Special Membership Meetings: Special meetings of the membership may be called by the President or the Board of Directors. Upon written notice of 5% of the Oregon regular members, the President shall call a meeting. Notice of special meetings shall be given to the members at least 10 days in advance.
  4. Location of Meetings: The Executive Committee may designate any place for regular or special meetings of the Board of Directors or the membership.
  5. Quorum: At least 15% of all entitled Oregon regular members must be present at any meeting of the membership in order to conduct business of the Association. For the purpose of this calculation, the count of the total number of Oregon regular members shall be made 30 days prior to the date of the annual meeting.
  6. Rules of Order: Procedural matters not covered by these bylaws shall follow Robert's Rules of Order.

Article XII Bylaw Amendments
  1. Amendments to these bylaws may be amended or revised by an affirmative vote of two-thirds of the membership present at the Annual Meeting of the membership or at a meeting designed for that purpose.
  2. Written notice that amendments to the bylaws are being considered, together with copies of the proposed amendments, shall be given to all members in good standing at least thirty (30) days prior to any meeting at which amendments to the bylaws are acted upon.

Article XIII Discipline
  1. Any member who violates the Bylaws, Rules and Regulations, or Code of Ethics of the Association, or whose conduct is unbecoming a member or prejudicial to the best interests of the association, may be placed on probation or expelled, after notification to the affected member by the Grievance Committee.
  2. The member involved in the alleged violation may be suspended or expelled by a two-thirds vote of the Board of Directors.

Article XIV Dissolution
  1. Should the organization be dissolved, all material possessions of the organization must be sold and the monies obtained from the sale equally divided between all Oregon regular members after all bills have been paid.

Article XV Office
  1. The principal office of the Association shall be located at the office of the Administrator or as designated by the Executive Committee.
  2. The Registered Agent of the association shall be the President or as designated by the Executive Committee.
  3. The Association shall not be responsible for any debt incurred by any member without prior authorization by the Association.
Oregon Association of Process Servers ©, 2006