CODE OF ETHICS
NEW JERSEY PEST MANAGEMENT ASSOCIATION
The membership shall observe the following:
Code of Ethics
- To hold our industry in high esteem and to enhance its prestige.
- To maintain high company standards of responsibility, character and integrity.
- To practice honesty and fairness in advertising and in all transactions with our clients.
- To render skilled, intelligent and conscientious service to our clients, keeping the needs of our client uppermost at all times.
- To render pest control services safely and efficiently in keeping with good practices.
- To be loyal to the principles of our association and active in its advancement.
- To respect the reputation and practice of other member firms.
NJPMA CONSTITUTION & BYLAWS
Article I - Name
The name of this association shall be: New Jersey Pest Management Association, Incorporated.
Article II – Objectives
The objectives of the association are to encourage and foster:
1. The public recognition of the worthiness of our profession
2. The development of research and the diffusion of knowledge concerning pest management for the benefit of our members
- The advancement of the civic, social, commercial, and industrial welfare of our industry
Article III – Membership
Section 1. Definitions of Business Terms
- Firm– A pest management firm, as used in this constitution of the Association, shall mean sole proprietorship, partnership, cooperation, any other business entity, or group of officers holding common financial interest, that maintains listed telephone service and has a service vehicle with a service person actually engaged in the performance of structural pest management service, for hire to the public at large, and who, in the performance of such services, uses, and employs pesticides and/or other corrective measures.
- Home Office– Shall mean the office of a firm having more than one office, where that firm’s policies regarding personnel, finances, etc. are made.
- Branch Office– Shall mean any office under the control of the home office, which has the same firm name.
- Service/Sales Persons– Shall mean persons employed by pest control firms who render service to eliminate pests or make inspection and give estimates.
Section 2. Voting Membership
- Active Membership – Any pest management firm, who, in the opinion of the Board of Directors, is in agreement with, and adheres to the purposes of the Association, complies with all the provisions of this Constitution and meets with the criteria of a firm defined in section 1.All proposed members shall supply the following information to the membership committee.
- N. J. D. E. P. Business Registration Number
- N. J. D. E. P. Responsible Certified Applicator Name
- N. J. D. E. P. Category Certifications
Section 3. Non-Voting Memberships
The following membership categories shall be non-voting memberships and shall not be eligible to hold elective office in the Association.
- Allied Members – Shall be suppliers of goods and services to the industry members. The condition of membership shall be submission of an application and the required dues.
- Affiliate Members – Those individuals or firms not directly involved in the business of structural pest management but involved in a related field of business.These individuals or firms could view membership as an added professional credential, or membership could provide them with additional network opportunities.These individuals cannot be in the business of providing structural pest management services as defined by “firm” as it relates to “active membership”. The condition of membership shall be submission of an application and the required dues.
- Associate Members – Those individuals or firms not legally registered as dealers in pest management services within the territorial limits of New Jersey Pest Management Association.The classification of members shall have voice, but no vote nor shall they be entitled to hold office in the Association. However, these members may be appointed to committees from time to time by the President of the Association or the committee chairperson, with the approval of the Board of Directors. The condition of membership for such individuals or firms shall be: the applicant must supply the membership committee with their
- J. D. E. P.Commercial Applicators Registration Number, the submission of an application and the required dues.
- Honorary members – Such membership shall be conferred upon individuals from time to time by the Association, for work with, or services performed for the Association.Proposed Honorary members, shall be nominated by the Board of Directors. There shall be no annual dues charged to honorary members and they shall have voice, but no vote in the affairs of the Association.
Section 4. Membership Representation
- Membership in the Association belongs to the firm rather that to the individual. However, the active member firm shall designate the “Voting Member” on each membership application and dues declaration. The membership of a firm shall be approved or rejected, and maintained or terminated on the basis of the qualifications, integrity, character and activities of the owner or manager and the individuals that work under his/her supervision. Membership may be terminated if the Association determines that the firm has performed acts that are detrimental to the Association and/or member company. In the event the owner or manager of a firm shall change, the new owner or manager shall submit a membership application to the Board of Directors for continued membership under the new management. Any change in firm name must first be approved by the Board of Directors.
- The member firm only, may use the N.J.P.M.A. logo, insignia and other references pertaining to the Association in their advertisements, on their vehicles and on their membership applications.All other owned firms that use a name different that the member firm must apply for a separate membership and pay the appropriate dues in their category. This firm will fall under the Active Member category at which time they may advertise as a member of N.J.P.M.A.
Article IV – Duration of Membership
Section 1. Term of Membership
Membership shall continue during the existence of the Association unless terminated as hereinafter provided or by death of the member.
Section 2. Membership Termination
- Membership shall automatically terminated if and when a member ceases to be engaged in the business of pest management control as defined in Article III.
- Any member failing to pay their dues as provided in the Constitution shall be automatically removed from membership except that such former member, at the discretion of the Board of Directors, may be reinstated to membership upon their petition and payment of all indebtedness to the Association.This may include past dues, legal fees incurred by the N.J.P.M.A., provided that they meet the qualifications of membership as set forth herein. Termination for non-payment of dues shall be one hundred twenty (120) days after invoicing.Notice of termination shall be in writing in thirty (30) days prior to effective date.
- The resignation of any member shall be in writing addressed to the president or Secretary and shall be accepted, provided that all indebtedness of the member to the association has been paid.
- Termination for other Causes
- The membership of any member who shall have ceased to abide by
the Constitution, shall be terminated by the Board of Directors by votes of
not less than two-thirds of the members thereof.
- The membership of any member may be terminated by the Board of
Directors for a reason which the Board of Directors may deem sufficient by
votes of not less than two-thirds of the members, thereof.
- In either case (1 or 2), he member shall be given at least ten (10) days
prior to the notice in writing of such pending action and given a chance to
refute the charges. The refutation should be made in writing to the
President or the Secretary of the Board of Directors.
- Any member whose membership has been terminated in any manner whatsoever shall forfeit all interest in any funds or other property belonging to the Association.The member will cease from using our logo, insignia and any and all reference to the New Jersey Pest Management Association on all advertisements, uniforms, vehicles, etc.
Article V – Territorial Limits
The territorial limits of this Association shall be the State of New Jersey.
Article VI – Regional Divisions of the N.J.P.M.A.
Section 1. The New Jersey Pest Management Association is a statewide organization. In order to facilitate more of its members, the Board of Directors may determine it beneficial to hold localized meetings and activities. These localized activities will service as a Regional Division of the New Jersey Pest Management Association. The Regional Committee, a committee of the Board of Directors, will govern these Regional Divisions. There can be from one to three Regional Committees as approved by the Board of Directors. Any member no matter where they are located, may attend any general membership meeting in any Region.
Section 2. The Regional Director shall be the committee chairperson of the Regional Committee, and shall serve as a member of the Board of Directors and attend meetings of the N.J.P.M.A. Board of Directors. The Regional Director and the Committee shall hold meetings to accommodate the membership in their Region.The regional Director shall also have other duties as may be assigned by the president of the N.J.P.M.A. Board of Directors from time to time.
Section 3. Any active individual of the region, of a member firm, in good standing, shall be eligible for the position of Regional Director of this Association. Any candidate for Regional Director cannot have another firm member on the Board of Directors.
Article VII – Meetings
This Association shall meet as provided in the By Laws
Section 1. This Association shall hold at least one annual meeting, held less than thirty (30) days prior to the end of the fiscal year. Notice of this meeting declaring the time and place, shall be sent to the each member at least thirty (30) days prior to the date of the annual meeting. The purpose of the annual meeting is the affairs of the Association.
Section 2. Other meetings of the membership can be held at the request of the President of the Association and the approval of the Board of Directors.
Article VIII – Fees and Dues
Every member shall pay annual dues as prescribed by the Board of Directors.
Section 1. The fiscal year for the Association shall begin on June 1 of each year and end May 30 of he following year. This fiscal year can be changed by the approval of the Board of Directors.
Section 2. The membership dues, as determined by the Board of Directors, shall be due and payable on June 1 of each year except new members who apply for membership after September; they will pay the pro-rated amount of the remaining fiscal year unless applicant has been advertising as a member prior to application.The applicant in this case shall pay the full amount of dues in their category for the entire fiscal year and any legal fees that may have occurred in the process of obtaining their dues.
Article IX – Officers and Directors
The governing body of this Association shall be the Board of Directors. The Board of Directors shall be composed of the following members: the President, First and Second Vice President, Secretary, Treasurer, nine elected members, the Regional Director(s) during their term of office and the two immediate past Presidents.
Section 1. Each officer and/or director of the Association shall be an owner of, or shall be employed by, an active member firm, in good standing of the Association.
Section 2. No firm shall have more than one representative on the Board of Directors at the same time. This includes firms owned jointly, but operated independently, under separate names.
Section 3. The nine elected members shall serve a three-year term. Three members will be elected each year.The regional Director(s) elected from their region shall serve on the N.J.P.M.A. Board of Directors during their term in office.
Section 4. The officers of this Association shall consist of a President, First and Second Vice Presidents, Secretary and Treasurer, to be elected by the membership annually to serve for one year or until their successors have been duly elected and assume office.
- These officers shall take office on or about the first day of June following their election and shall hold office for one (1) year or until successors have been elected and qualified.The President and Vice President(s) shall hold the same office for no more than two consecutive years.
- Any active member representing a member firm in good standing shall be eligible to hold any elective office in this Association provided that they have served at least one (1) year as a member of the Board of Directors or major portion thereof within the past five (5) years prior to their nomination for office.
- The Nominating Committee will be responsible for nominating individuals to serve as Directors and Officers of this Association. Not less than one-hundred and eighty (180) days prior to July 1, the President shall appoint members of the Committee to include five (5) Voting Members: Immediate Past President, another past president, one member from Dues Class A, B or C, one member from Dues Class D or E, and one member from Dues Class F, G, H, I or J. At least one (1) member shall have served on the previous year’s Nominating Committee and at least one member must be from the Southern region of New Jersey with the firm’s Home Office south I-195 and at least one member must be from the Northern region of New Jersey with the firm’s Home Office north I-195. The Immediate Past President shall chair the Committee. (Adopted at the 4/22/14 board of directors/membership meeting.)The nominating committee’s proposed slate of officers and directors shall be mailed to the membership not less than thirty (30) days prior to the membership vote. The periodical newsletter may be considered a substitute for this mailing. Any person so nominated shall have given their consent to such nomination. Additional nominations may be made from the floor for an office providing the person so nominated meets the qualifications for office as outlined above in
- 2. The nominating committee’s proposed slate of officers and directors shall be mailed to the membership not less than thirty (30) days prior to the membership vote. The periodical newsletter may be considered a substitute for this mailing. Any person so nominated shall have given their consent to such nomination. Additional nominations may be made from the floor for an office providing the person so nominated meets the qualifications for office as outlined above in The nominations will include:
President: It shall be the duty of the President to preside at meetings of
the Association and Board of Directors and to perform such other duties
as may pertain to their office.
Vice President: it shall be the duty of the Vice President, in order, to
preside at meetings of the Association and Directors in the Absence
of the President and to perform such other duties as may pertain to their
office. They shall also perform duties assigned to them by the President
of the Association.
Secretary: It shall be the duty of the Secretary to record the attendance at
meetings, record and preserve the minutes of such meetings, organizing
and assuring the retention of committee records and such other duties as
may pertain to office.
Treasurer: It shall be the duty of the Treasurer to have custody of all
funds, accounting of the same at the annual meeting of the Association
or at such other times as may be requested by the president or the
Directors, and such other duties as may pertain to their office.
Elected Board Positions: The three positions vacated at the end of the last
fiscal year and any other vacated director positions will have submitted
nominations. The elected members will act as part of the functioning
body of the N.J.P.M.A.
Section 5. The decision of the Board of Directors in all Association matters shall be final, subject only by an appeal to the Association membership as hereinafter provided.
Section 6. The Board of Directors shall constitute a board of appeal from rulings and actions of all offices and committees.
Section 7. The board of Directors may, at its discretion, by a two-thirds majority of the Board, remove any Director for just cause.
Section 8. Any member who deems any action of the Board of Directors contrary to this Constitution may serve notice in writing to the Secretary, of their belief and request the Secretary to call a special meeting or place their request for a hearing on the matter on the agenda of a regular meeting. The Secretary shall, upon receipt of the member’s communication, advise the Board of Directors and they shall set a time for a hearing either in a special meeting or in a regular meeting within 60 days. The membership shall be notified, being given 15 days written notice of such event. The membership may, upon completion of the hearing, render a decision or it may postpone its vote until the next regular meeting of the Association if it deems investigation or the presentation of additional evidence is necessary. The decision of the Association shall be final.Reversal of the decision of the Board shall require a two-thirds vote of the members of the Association present and voting.
Section 9. Attendance of Board meetings
Any member of the Board of Directors who is absent from three (3) meetings of the Board of Directors, in one fiscal year, without just cause, shall be considered to have vacated their seat on the Board and such vacancy shall be filled by the President of the Association with the concurrence of the Board of Directors. Any person appointed to fill a vacancy shall serve the unexpired term of their predecessor, or until the next general election, whichever comes first.
Section 10. There shall be an individual or management firm serving as Executive Director or Executive Secretary for the New Jersey Pest management Association who shall be appointed at the discretion of the Board of Directors of the Association. The length of the appointment and the annual renumeration of the individual or organization performing these duties shall be mutually agreed upon at the time of their appointment. An annual review of their accomplishments, goals and annual salary shall be completed by the Board of Directors by the end of the fiscal year. Any intention on non-renewal of contract must be communicated at least thirty (30) days prior to the expiration of that contract. The Executive Director shall carry out such duties and assignments as may be determined and adopted by the President of the Board of Directors, with concurrence of the board of Directors.
Section 11. The Association may, by resolution of the Board of Directors, provide for the indemnification by the Association of any and all of its Directors or officers or former Directors or officers against actually and necessarily incurred by them in connection with the defense of any action, suit or proceeding, in which they are made parties by reason of having been Directors or officer of the Association, except in such matters as they shall be adjudged liable for negligence or misconduct in the performance of such duties and to such matters as shall be settled by agreement predicated on the existence of such liability for negligence or misconduct. The Association shall carry a liability insurance policy to cover the indemnification. The limits of liability shall be established be the Board of Directors.
Article X – Method of Voting
The business of this Association shall be transacted by voice vote except the election of officers and/or directors when, and if there should be a contest for the office, then voting shall be by ballot.
Article XI – Finances
Section 1. The Treasurer shall deposit all funds of the Association in a bank designated by the Board of Directors.
Section 2. All bills shall be paid by check upon approval of the Board of Directors. All checks require signatures as designated by the Treasurer and the Board of Directors.
Section 3. A review financial statement is to be prepared each year by an independent Certified Public Accountant.
Section 4. If so required by the board of Directors, officers and others having charge of Association funds shall give bond.
Section 5. The fiscal year of the association hall be June 1 to May 30 of the following year.
Section 6. The Board of Directors may, if it is deemed necessary, require the officers to prepare a budget of estimated income and expenditures or the year or any portion thereof and may require budgets for any specific project to be sponsored by the Association.
Section 7. bills for membership dues shall be mailed to each member by the Treasurer as soon as it is possible for them to do so after June 1st, and they shall report to the Board of Directors any members who have not paid by September 1st. Upon receipt of such a list from the Treasurer, the Board of Directors shall instruct the Secretary to notify the delinquent members that, unless good and sufficient reason is presented to them, the member(s) still in arrears on October 1st, shall be dropped from the membership rolls as per Article IV, Section 2B.
Article XII – Acceptance of Objectives and Compliance with Constitution
and By Laws
A member, by payment of their admission fee and dues, thereby accepts the principles of this Association and submits himself/herself to and agrees to comply with the Constitution and By Laws of this Association. No member shall be absolved from the observance of the Constitution and By Laws on the plea that they have neither received nor read a copy of them.
Article XIII – Dissolution
In the event that the New Jersey Pest Management Association should dissolve for any reason, all funds and/or property should be donated to an organization with similar goals and objectives as this Association.
Article IV – Amendments
Amendments to this Constitution may be made by a three-fourths vote of the active members present and voting in a meeting of the Association called for that purpose, the Secretary having given at least ten (10) days prior written notice of such meeting to all active members.