Articles and By-Laws
Articles of Incorporation
The undersigned, a majority of whom are citizens of the United States, desiring to form a Non-Profit Corporation under the Non-Profit Corporation Laws of Pennsylvania, do hereby certify:
First: The name of the Corporation shall be East Penn Technical Search & Rescue Inc.
Second: The place in this state where the principal office of the Corporation is to be located in the Borough of Tobyhanna in Monroe County Pennsylvania.
Third: Said Corporation is organized exclusively for charitable and educational purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations
under section 501(c) (3) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
Fourth: The names and addresses of the persons who are the initial trustees of the Corporation are as follows:
Name: Roger Tobias Address: 219 Laurel Drive, Tobyhanna Pa. 18466
Name: Robert Hawk Address: 219 Lidy Road, Dupont Pa. 18641
Name: James Corbett Address: 1003 Ramstan Drive, Stroudsburg Pa. 18360
Name: Wanda Koehler Address: 219 Lidy Road, Dupont Pa. 18641
Fifth: No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the Corporation shall be authorized
and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the Third Article hereof. No substantial part
of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the
publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the Corporation
shall not carry on any other 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, or the corresponding
section of any future tax code, or (b) by a Corporation, contributions, to which are deductible under section 170(c) (2) of the Internal Revenue Code or the corresponding section of any future federal tax
code. If reference to federal law in articles of incorporation imposes a limitation that is invalid in your state, you may wish to substitute the following for the last sentence of the preceding paragraph.
"Notwithstanding any other provision of these articles, this Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in the furtherance of the
purposes of this Corporation."
Sixth: Upon dissolution of the Corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c) (3) of the Internal Revenue Code, or the corresponding section of
any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for public purpose. Any such assets not so disposed of shall be disposed of by a Court of
Competent Jurisdiction of the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall
determine, which are organized and operated exclusively for such purposes.
In witness whereof, we have hereunto subscribed our names this 31st day of March 2006
By-Laws & Constitution
Article I – Offices
1. The Corporation shall be known as the East Penn Technical Search and Rescue Team Inc.
2. The registered office of the Corporation shall be located in the Borough of Tobyhanna in Monroe County, Pennsylvania.
3. The Corporation may also have offices at such places as the Board of Directors may from time to time appoint or the activities of the Corporation may require.
Article II – Purpose
The East Penn Technical Search and Rescue Team encourages excellence to its members by providing ongoing opportunities for training and professional development. Our objective and purpose is to
provide trained search and rescue personnel for lost person incidents, to provide technical rescue if required and to evacuate injured or lost individuals from rough terrain or hazardous environments. We
also provide trained personnel to respond to Water / Ice Emergencies, Technical Rope, Confined Space and Light Framed Urban (Collapsed Structure) Search and Rescue Operations.
Article III – Members
1. The membership of the Corporation shall be divided into five categories:
A. Active
B. Inactive
C. Honorary
D. Junior
E. Auxiliary
2. Members shall be elected by a two-thirds vote of the Board of Directors.
3. The Board of Directors may determine from time to time the amount of initiation fees, if any, and annual dues payable by the members.
4. The Board of Directors, by affirmative vote of two-thirds of all the members of the Board, may suspend or expel a member for cause after an appropriate hearing, and may, by a majority vote of those
present at any regularly constituted meeting; terminate the membership of any member who becomes ineligible for membership, or suspend or expel any member who shall be in default in the payment of
any dues or assessments.
5. Upon written request signed by a former member and filed with the Secretary, the Board of Directors may, by the affirmative vote of two-thirds of the members of the Board, reinstate such former member
to membership upon such terms as the Board of Directors may deem appropriate.
6. Membership in this Corporation is not transferable or assignable.
Section A
Membership Definitions
Active: An Active Member must be 18 years of age or older. An Active Member must not miss more than four regular monthly business meetings in succession. They must also attend 50% of all functions.
Membership status will be reviewed quarterly!
Inactive: An Inactive Member must be 18 years of age or older. Any member who for physical reasons cannot be an Active Member, or who does not meet the active member requirements or is unable to
attend duty, meetings or fundraising events due to school, military duty, work, or sickness shall be considered an inactive member until such time they can fulfill the criteria of an active member.
Any inactive member who has been inactive for a period of 1 year or more will be reviewed. In order to be reinstated as an active member, he or she must reapply as a new member. Inactive
members may not respond to any search and rescue operations, make motions, or discuss motions on the floor. Inactive members may not transmit on any East Penn Technical Search & Rescue
Team frequencies.
Honorary: An honorary member shall be bestowed to a member by a 2/3 majority vote of all active members present at a regular monthly business meeting to persons deserving Honorary Membership.
Junior: A junior member must be between the ages of 14 and 18 years of age. They must possess the proper working papers with their parent and/or guardians signature. They must also conform to all state
and federal child labor law regulations. Junior members cannot respond after midnight up through 06:00 am. If a junior member is on an emergency scene before midnight, they may remain on scene
with parents and/or guardians written consent.
Auxiliary: An auxiliary member must be at least 18 years of age. They will provide support to the East Penn Technical Search and Rescue Team in areas of administration, fund-raisers and resources. They
will not be required to attend missions or training. They will be encouraged to attend monthly meetings to keep them abreast of team business. They will not have voting rights.
Section B
Application for membership
An application for membership shall be in writing on an application form provided by the East Penn Technical Search and Rescue Team and will be presented by the applicant at a regular monthly business
meeting. The membership committee, prior to the next meeting will review all applications and set up a face-to-face interview with the applicant. Once this process is complete, the committee will make a
recommendation to the Board of Directors concerning approval or denial of the application. The Board of Directors will make a decision based on all information provided and the recommendation of the
membership committee and inform the applicant of their decision at the next business meeting. If approved, the applicant must then serve a 6-month probationary period in which time the new member
must then fulfill all active membership requirements and training. Members shall be elected by 2/3 vote of the Board of Directors.
Article IV – Meetings of Members
Directors.
Directors of Directors and transact such business as may properly be brought before the meeting. If the annual meeting shall not be called and held within 6 days after the designated time, any member
may call such meeting.
3. Special meetings of the members may be called at any time by the President, the Board of Directors or members entitled to cast at least 10% of the votes, which all members are entitled to cast at the
particular meeting. At any time upon written request of any person who has called the special meeting, it shall be the duty of the Secretary to fix the time of the meeting, which shall be held not more
than 60 days after the receipt of the request. If the Secretary shall neglect to fix the time of the meeting, the persons calling the meeting shall do so. Business transacted at all meetings shall be confined to
the subjects stated during the request.
4. Written notice of every meeting of the members, stating the time, shall be given by, or at the direction of the Secretary to each member entitled to vote at the meeting, at least (5) days prior to the day for
the meeting, unless greater period of notice is required by statute in a particular case. If the Secretary special meeting, the notice shall specify the general nature of the business to be transacted.
5. Persons authorized or required to give notice of a meeting of the members may, in lieu of any written notice of a meeting of the members required to be given, give notice of such meeting by causing
notice of such meeting to be officially published. If 80% of the members on record entitled to vote at the meeting do not have addresses on record within the territory of general circulation of the
newspapers required for official publication, the notice shall also be published in newspapers which have an aggregate territory, or general circulation, which includes the addresses on record.
6. A meeting of members duly called shall not be organized for the transaction of business unless a quorum is present. The presence in person of (7) members entitled to vote shall constitute a quorum at
all meetings of the members for the transaction of business except as may be otherwise provided by law or by the articles of incorporation. The members present at a duly organized meeting can
continue to do business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum. If a meeting cannot be organized because a quorum has not attended, those
present may except otherwise provided by a statute, adjourn the meeting to such time and place as they may determine, but in the case of any meeting called for the election of directors, those who
attend the second of such adjourned meetings, although less than a quorum, shall nevertheless constitute a quorum for the purpose of electing directors. In the case of any meeting called for any other
purpose those who attended the second of such adjourned meetings, although less than a quorum, shall nevertheless, constitute a quorum for the purpose of acting upon any resolution or other matter
set forth in the notice of the meeting, if written notice of such second adjourned meeting, stating that those members who attend shall constitute a quorum for the purpose of acting upon such resolution
or other matter, is given to each member of record entitled to vote at such second adjourned meeting at least 10 days prior to the day named for the second adjourned meeting.
7. Any action, which may be taken at a meeting of the members or, a class of members may be taken without a meeting, if a consent or consents in writing, setting forth the actions taken shall be signed
by all of the members who would be entitled to a vote at a meeting for such purpose and shall be filed with the Secretary of the corporation.
8. Every member of the Corporation shall be entitled to one vote. No member shall sell his vote for money or anything of value. Upon request of a member, the books or records of membership shall be
produced at any regular or special meeting of the Corporation. If at any meeting, the right of a person to vote is challenged, the presiding officer shall require such books or records to be produced as
evidence of the right of the person challenged to vote, and all persons who appear by such books or records to be entitled to vote may vote. The right of a member to vote, and his right, title and interest
in or to the corporation or its property, shall cease on the termination of his membership.
9. Voting may be by ballot, mail or any reasonable means determined by the Board of Directors. Elections for directors need not be by ballot except upon demand made by a member at the election and
before the voting begins.
10. In advance of any meeting, the Board of Directors may appoint judges of election, who need not members, to act at such meetings or adjournment thereof. If judges of election are not appointed, the
presiding officer of any such meeting may and on request of any member shall, make such appointment at the meeting. The number of judges shall be one or three. No person who is eligible for office
shall act as a judge.
Order of Business
1. Roll Call
2. Reading of the Minutes
3. Treasurers Report/Bills Presented
4. Report of Officers and Committees
5. Resignations, Suspensions and Expulsions
6. Membership Committee
7. Unfinished Business
8. New Business
9. Nominations
10. Good and Welfare
11. Adjournment
Rules of Order
The President shall conduct the meeting according to the Order of Business, and decide all debates and question by vote of the membership present. In the case of the absence of the President, the Vice-
President or the Secretary and then the Treasurer shall fill the chair.
1. Each member when given permission from the chair, shall speak confining themselves to the question under debate and avoid personalities
2. If two or more members speak at the same time, the Chair shall decide which is entitled to the floor.
3. No member shall be interrupted while speaking except at the request of the Chair and shall wait until the order of question is decided. When permitted, they shall proceed
4. All members have the right to express their opinion, but in turn.
5. No motion shall be subject for debate and/or take action on until it has been seconded and stated by the Chair.
6. The first person named on a committee shall be the chairperson unless otherwise decided by the Chair. The Chairperson shall report the decisions reached by the committees at the regular monthly
business meeting. The Chairperson shall report the decisions reached by the committees at the regular monthly business meeting.
7. No committee shall be discharged until all accounts and bills contracted by it are settled.
8. Every member shall be furnished with a copy of the by-laws.
Article V – Directors
1. The executive authority of the Corporation shall be vested to a Board of Directors (hereinafter referred to as the "Board").
2. The business and affairs of this Corporation shall be managed by its Board of Directors, four in number, who shall be natural persons of full age and need not be residents of this Commonwealth but who
shall be members of the Corporation. They shall be elected by the members at the annual meeting of members of the Corporation, and each director shall be elected for a (1) year term and until his
successor shall be elected and shall qualify.
3. In addition to the powers and authorities by these By-laws expressly conferred upon them, the Board of Directors may exercise all such powers of the Corporation and do all such lawful acts and things as
are not by statute or by the Articles or by these By-laws directed or required to be exercised or done by the members.
4. The meetings of the Board of Directors may be held at such times and at such place or places within this Commonwealth or elsewhere, as a majority of the directors may from time to time appoint, or as
may be designated in the notice calling of the meeting.
5. Written or personal notice of every meeting of the Board of Directors shall be given to each director at least (5) days prior to the day named for the meeting.
6. A majority of the directors in office shall be necessary to constitute a quorum for the transaction of business and the acts of a majority of the directors present at a meeting at which a quorum is present
shall be the acts of the Board of Directors. Any action which may be taken at a meeting of the directors may be taken without a meeting, if a consent or contents in writing setting forth the action so taken
shall be signed by all of the directors in office and shall be filed with the Secretary.
7. The Board of Directors may, by resolution adopted by a majority of the directors in office, establish one or more committees to consist of one or more directors of the Corporation.
8. The Board may designate one or more directors as alternate members of any committee, who may replace any absent or disqualified member at any meeting of the committee. In the absence or
disqualification of a member of a committee, the member or members thereof present at any meeting and not disqualified from voting, whether or not he or they constitute a quorum, may unanimously
appoint another director to act at the meeting in the place of any such absent or disqualified member. Each committee of the Board shall serve at the pleasure of the Board.
9. The Board of Directors may declare vacant the office of a director if he/she is declared of unsound mind by an order of the court or is convicted of felony, or if within sixty days after notice of his
selection, he/she does not accept such office either in writing or by attending a meeting of the Board of Directors, and fulfill such other requirements of qualification as the By-laws may specify.
10. A director of the Corporation shall stand in fiduciary relation to the Corporation and shall perform his duties as a director, including his duties as a member of any committee of the Board upon which he
may serve, in good faith, in a manner he reasonably believes to be in the best interests of the Corporation, and with such care, including reasonable inquiry, skill and diligence, as a person of ordinary
prudence would use under similar circumstances. In performing his duties, a director shall be entitled to rely in good faith on information, opinions, reports or statements, including financial statements
and other financial data. A director shall not be considered to be acting in good faith if he has knowledge concerning the matter in question that would cause his reliance to be unwarranted. In discharging
the duties of their respective positions, the Board of Directors, committees of the Board and individual directors may, in considering the best interests of the Corporation, consider the effects of any action
upon employees, members, upon suppliers and customers of the Corporation and upon communities in which offices or other establishments of the Corporation are located, and all other pertinent
factors. The consideration of those factors shall not constitute a violation of this section. Absent breach of fiduciary duty, lack of good faith or self dealing, actions taken as a director or any failure to take
any action shall be presumed to be in the best interests of the Corporation. A director of the Corporation shall not be personally liable for monetary damages as such for any action taken, or any failure to
take any action, unless:
1. The director has breached or failed to perform the duties of his office under this section.
2. The breach or failure to perform constitutes self-dealing, willful misconduct or recklessness.
Article VI – Officers
1. The executive officers of the Corporation shall be chosen by the members, and shall be a President, Vice President, Secretary, Treasurer and such other officers and assistant officers as the needs of the
Corporation may require.
2. The operational officers of the Corporation shall also be chosen by the members, and shall be a Chief, Assistant Chief, Captain, First Lieutenant and Second Lieutenant.
3. They shall hold their offices for a term of one year and shall have such authority and shall perform such duties as are provided by the By-laws.
4. It shall not be necessary for the officers to be directors and any number of offices may be held by the same person.
5. Any officer or agent may be removed by the Board of Directors whenever in its judgment the best interests of the corporation will be served thereby, but such removal shall be without prejudice to the
contract rights of any person so removed.
6. Nomination of the above-mentioned officers will be held annually at the November monthly business meeting and again at the December monthly business meeting. Election of officers shall take place
after nominations close at the December business meeting.
7. All elected officers must be trained within three months of being elected or voted into their office.
Requirements for Executive and Operational Officers
President: Shall be an active member for two years.
Vice-President: Shall be an active member for two years.
Secretary: Shall be active member for one year.
Treasurer: Shall be an active member for one year.
Chief: Must be at least 21 years of age.
Must be an active member for at least three years.
Must have at least three years Search experience.
Must have at least three years Technical Rescue experience.
Must possess a Managing Search Operations Certification.
Must possess a NFPA Incident Command Systems Certification or equivalent
Must possess IS-100, IS-200, IS-700 & IS-800 Certifications.
Must possess Bloodborne & Airborne Pathogens Certification.
Must possess a PA Water Rescue I Certification or equivalent.
Must possess a Hazmat Operations Certification or equivalent.
Must possess Rope Rescue 1 & II Certifications or equivalent
Must possess a Basic Ropes and Rigging Certification or equivalent.
Must possess a Structural Collapse Level I Certification or equivalent
Must possess a Structural Collapse Level II Certification or equivalent
Must possess a FTL or SARTECH II Certification
Assistant Chief: Must be at least 21 years of age.
Must be an active member for at least three years.
Must have at least two years Search experience.
Must have at least two years Technical Rescue experience.
Must possess a Managing Search Operations Certification.
Must possess a NFPA Incident Command Systems Certification or equivalent
Must possess IS-100, IS-200, IS-700 & IS-800 Certifications.
Must possess Bloodborne & Airborne Pathogens Certification.
Must possess a PA Water Rescue I Certification or equivalent.
Must possess a Hazmat Operations Certification or equivalent.
Must possess a Rope Rescue I Certification or equivalent.
Must possess a Basic Rope and Rigging Certification or equivalent
Must possess a Structural Collapse Level I Certification or equivalent
Must possess a Structural Collapse Level II Certification or equivalent
Must possess FTL or SARTECH II Certification
Shall be in command in the absence of the Chief.
Captain: Must be an active member for at least two years. (RETIRED POSITION)
Must have at least two years Search experience.
Must have at least two years Technical Rescue experience.
Must possess Managing Search Operations or Incident Command System Certification or equivalent
Must possess IS-100, IS-200 & IS-700 Certifications.
Must possess Bloodborne & Airborne Pathogens Certification.
Must possess Grid I & II Certification or equivalent.
Must possess Water Rescue I Certification or equivalent
Must possess a Hazmat Awareness Certification or equivalent.
Must possess Rope Rescue I Certification or equivalent.
Must possess FTM or SARTECH III Certification
Shall be in command in the absence of the Chief and Asst. Chief
Lieutenants: Must be an active member for one year.
Must have one year Search experience
Must possess IS-100, IS-200 & IS-700 Certifications.
Must possess Bloodborne & Airborne Pathogens Certification.
Must possess Wilderness SAR Responder or Grid I & II
Must possess Water Rescue I or Rope Rescue I or equivalent.
Must possess a Hazmat Awareness Certification or equivalent
Must possess FTM or SARTECH III Certification.
Shall be in command in the absence of the Chief, Asst. Chief and Captain.
Duties of the Board shall be:
1. To coordinate the efforts of the various Committees and to provide liaison among them.
2. To review and approve an annual budget.
3. To delegate authority to pay expenses.
4. To establish, publish, and enforce standards of procedure for search and rescue operations in the form of Standard Operating Guidelines.
5. To intervene and to take the necessary action, including disciplinary procedures when there has been a violation of EPTSAR policies, procedures or directives by a member.
6. To solicit monetary and material contributions for the support of the EPTSAR, and to draft its budget.
7. To inform the appropriate local and County Emergency Management Agencies and any other authorities of the activities and capabilities of EPTSAR, and to cooperate with those authorities in making
these services available to the public.
8. To inform other search and rescue and related Corporations of the capabilities and limitations of EPTSAR and to cooperate with those Corporations in the effort to provide an effective search and rescue
capability to the public.
9. To fulfill other incidental duties specified in these Bylaws.
10. To fulfill the requirements of the Articles of Incorporation.
President: It shall be the duty of the President to preside at all meetings, to call special meetings of all the team at written request of five members, or whenever the President thinks proper, to decide all
points of order, to see that each subordinate officer performs his/her duties, to cast the deciding vote in case of a tie and to enforce all bylaws as set forth to the best of his ability. The President
shall have the power to appoint all committees not otherwise provided and any member so appointed shall perform his/her duties. The President together with the Treasurer shall sign all
checks, notes and drafts issued by the Corporation and give bond as the Corporation decides. All checks, notes and drafts greater than $100.00 must be discussed and approved by a 2/3 majority
vote of the Board of Directors. It shall be the duty of the President to serve as the Chief Executive Officer of the corporation when the Board is not in session.
Vice-President: It shall be the duty of the Vice-President to perform the duties of the President when absent and to fulfill other duties as designated by the President.
Secretary: It shall be the duty of the Secretary to keep a correct record of the meetings, serve notice of the meetings where so decided by the President or the Corporation, notify persons of their election or
rejection and keep a correct account of all Search and Rescue operations. The Secretary shall have the books at every meeting. The Secretary shall have the power to sign checks in the absence of
the President or Treasurer. The Secretary shall ensure the accuracy, maintenance, configuration, control and publication of all EPTSAR Policies and Procedures. To conduct periodic reviews of
these policies to ensure their relevance in the light of changes to rules and standards.
Treasurer: Shall receive all monies, pay all debts, keep a receipt of all monies expended and keep a correct amount of all financial transactions. The Treasurer shall make a monthly report. He/She shall
make deposits into the bank that has been designated and approved by the Corporation. The Treasurer shall have the books ready at all times for inspection when ordered to do so by the
President. The Treasurer along with the President shall sign all checks, notes and drafts issued by the Team. The Treasurer shall upon retirement from office, turn over to the successor all monies,
books, papers and other records in his/her possession. Additionally, the Treasurer shall have the discretion to pay up to $100 for unbudgeted expenses without further approval and to make
payments on all Board approved or budgeted expenditure. He/she shall accept donations and other financial resources and property on behalf of EPTSAR, issuing a properly constructed receipt
as necessary. The Treasurer shall prepare and submit any financial information that may be properly required by federal, state or local government. He/she will also, prepare an annual budget
for the Board to approve.
Duties of the Operational Officers shall be:
Chief: Shall command the Corporation when on duty at a search or rescue operation, training drills or at any other team function. The Chief shall see that all equipment in the possession of or belonging to
the team is kept in good repair. The Chief shall be responsible for the safety of every member while on a Search and Rescue Operation. Chief shall see that a record of all attending the team functions
is being maintained. The Chief shall be able to spend up to $1OO as well as sign a check in an EMERGENCY, this shall be discussed at the next monthly business meeting.
Assistant Chief: Shall be the duty to assist the Chief in the discharge of duties, to obey all orders received from the Chief and in the absence of or at the Chiefs request take command and perform all the
duties of the Chief.
Captain: Shall be the duty to assist both the Chief and Assistant Chief in the discharge of duties.
1st and 2nd Lieutenant: Shall be the duty to assist the Chief, Assistant Chief, and the Captain in their duties. Lieutenants shall present an equipment checklist form to the Chief at least once every other
month prior to the next monthly business meeting.
Article VII – Vacancies
If the office of any officer or agent, one or more, becomes vacant for any reason, the Board of Directors may choose a successor or successors who shall hold office for the unexpired term in respect of which such a vacancy occurred. Any active member, who meets all the requirements as set forth by the By-Laws and meets the Board of Directors approval, shall be eligible for any vacancy.
Duties of the Members
1. It shall be the duty of all members to respond promptly and safely to all emergency calls. Personnel and equipment should respond only when requested or when dispatched by an appropriate authority.
2. When a member arrives on scene, they must formally check/sign in. NO EXCEPTIONS!
3. The member shall be subject to the orders of the Officer in Command until the Corporation is dismissed.
4. It shall be the duty of all members to attend at least 50% of meetings and functions of the East Penn Technical Search & Rescue Team.
5. Any member refusing or neglecting to obey orders of the Officer in Command while on duty shall be on report to the Corporation.
6. It is the duty of all members to obtain First Aid, CPR, AED, IS-100, IS-200 & IS-700 training.
7. All members must participate in at least 50% of all fundraising events each year.
8. No Member shall attend an official function under the influence of alcohol or controlled substances unless the function is a social one, in which case, controlled substances are still prohibited.
9. New members must obtain a backpack, daypack or fanny pack during their six-month probationary period.
10. All new members must participate in one certified training class within one year.
11. Everybody must wear proper protective equipment suitable for the environment.
12. Blue lights will be permitted but must be registered with the Chief. At no time, will Speeding, Running Stop Signs, Tailgating or other reckless acts be tolerated. Repeated violations may result in loss of
blue light privileges or suspension.
13. Volunteers responding in personal vehicles must obey the State motor vehicle code with respect to courtesy lights and siren privileges.
14. Volunteers responding in personal vehicles should come to a complete stop at all stop signs and traffic signals and must wait for normal right of way before proceeding.
15. Individual volunteers driving to an incident must have a valid driver’s license, registration and auto liability insurance with the appropriate liability limits.
16. To drive or operate any EPTSAR Emergency Vehicle, you must first participate in an Emergency Vehicle Operations Course (EVOC) and have a minimum of 8 hours (on the road) driver training.
17. Volunteers responding to an incident in any team vehicle must be properly seat belted at all times.
Article VIII – Books and Records
1. The Corporation shall keep an original or duplicate record of the proceedings of the members and the directors, the original or a copy of its By-laws, including all amendments thereto to date, certified by
the Secretary of the Corporation, and an original or a duplicate membership register, giving the names of the members, and showing their respective addresses and the class and other details of the
membership of each. The Corporation shall also keep appropriate, complete and accurate books of records of account. The records provided for herein shall be kept at either the registered office of the
Corporation in the Commonwealth, or its principal place of business wherever situated.
2. Every member shall, upon written demand under oath stating the purpose thereof, have a right to examine, in person or by agent or attorney, during the usual hours for business for any proper purpose,
the membership register, books and records of account, and records of the proceedings of the members and directors, and to make copies or extracts there from. A proper purpose shall mean a purpose
reasonably related to the interest of such person as a member. In every instance where an attorney or other agent shall be the person who seeks the right to inspection, the demand under oath shall be
accompanied by a power of attorney or such other writing which authorizes the attorney or other agent to so act on behalf of the member. The demand under oath shall be directed to the Corporation
at its registered office in this Commonwealth or at its principal place of business wherever situated.
Article IX – Transaction of Business
1. The Corporation shall make no purchase of real property nor sell, mortgage, lease away or otherwise dispose of its real property, unless authorized by a vote of two-thirds of the members in office of the
Board of Directors.
2. Whenever the lawful activities of the Corporation involve among other things the charging of fees or prices for its service or products, it shall have the right to receive such income and, in so doing, may
make an incidental profit. All such incidental profits shall be applied to the maintenance and operation of the lawful activities of the Corporation, and in no case shall be divided or distributed in any
manner whatsoever among the members, directors or officers of the Corporation.
3. All checks or demands for money and notes of the Corporation shall be signed by two directors.
Article X – Annual Report
1. The Board of Directors shall present annually to the members a report, verified by the President and Treasurer or by a majority of the directors, showing in appropriate detail the following:
(a) The assets and liabilities of the Corporation as of the end of the fiscal year immediately preceding the date of the report.
(b) The principal changes in assets and liabilities during the year immediately preceding the date of the report.
(c) The revenue or receipts of the Corporation for the year immediately preceding the date of the report.
(d) The expenses or disbursements of the Corporation during the year immediately preceding the date of the report.
(e) The number of members of the Corporation as of the date of the report, together with a statement of increase or decrease in such number during the year immediately preceding the date of the report
and a statement of the place where the names and addresses of the current members may be found. This report shall be filed with the minutes of the meeting of members.
Article XI – Notices
1. Whenever written notice is required to be given to any person, it may be given to such person, either personally or by sending a copy thereof by first class mail, postage pre-paid, to his address appearing
on the books of the Corporation, or, in the case of directors, supplied by him to the Corporation for the purpose of notice. If the notice is sent by mail, or any other means, it shall be deemed to have been
given to the person entitled thereto when deposited in the United States mail for transmission to such person.
2. A notice of a meeting shall specify the place, day and hour of the meeting and any other information required by statute or these By-laws.
3. Whenever any written notice is required to be given under the provisions of the statute or the Articles or By-laws of this Corporation, a waiver thereof in writing, signed by the person or persons entitled to
such notice, whether before or after the time therein, shall be deemed equivalent to giving of such notice. Except as otherwise required by statute, neither the business to be transacted at nor the purpose of
a meeting need be specified in the waiver of notice of such meeting.
4. In the case of a special meeting of members such waiver of notice shall specify the general nature of the business to be transacted. Attendance of a person at any meeting shall constitute a waiver of notice
of such meeting, except where a person attends a meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting was not lawfully
called or convened.
Article XII – Miscellaneous Provisions
1. The fiscal year of the Corporation shall begin on the first day of January.
2. One or more persons may participate in a meeting of the Board of Directors or of the members by means of conference telephone or similar communications equipment by which all persons participating
in the meeting can hear each other. Participation in a meeting pursuant to this section shall constitute presence at such meeting.
3. So long as the Corporation shall continue to be organized on a nonstick basis, the Board of Directors shall have authority to provide for the members to make capital contributions in such amounts and
upon such terms as are fixed by the directors in accordance with the provisions of section 5541 of the Nonprofit Corporation Law of 1988.
4. The Board of Directors, by resolution, may authorize the Corporation to accept subventions from members or nonmembers on terms and conditions not inconsistent with the provisions of section 5542 of
the Nonprofit Corporation Law of 1998.
Article XIII – Indemnification
The Corporation shall indemnify each of its directors, officers, and employees whether or not then in service as such (and his or her executor, administrator and heirs), against all reasonable expenses actually
and necessarily incurred by him or her in connection with the defense of any litigation to which the individual may have been a party because he or she is or was a director, officer or employee of the
Corporation. The individual shall have no right to reimbursement, however, in relation to matters as to which he or she has been adjudged liable to the Corporation for negligence or misconduct in the
performance of his or her duty as director, officer or employee by reason of willful misconduct, bad faith, gross negligence or reckless disregard of the duties of his or her office or employment. The right to
indemnity for expenses shall also apply to the expenses of suits, which are compromised or settled if the court having jurisdiction of the matter shall approve such settlement. The foregoing right of
indemnification shall be in addition to, and not exclusive of, all other rights to that which such director, officer, member or employee may be entitled.
Article XIV – Amendments
1. By-laws may be adopted, amended or repealed by the vote of members entitled to cast at least a majority of the votes which all members present are entitled to cast thereon at any regular or special
meeting duly convened after notice to the members of that purpose.
2. The Board shall adopt a resolution setting forth the proposed amendment, finding it to be in the best interests of the Corporation, and directing that it be submitted to a vote at a meeting of the General
Membership.
3. The proposed amendment shall be adopted upon receiving more than two-thirds of the votes entitled to be cast by Certified Members present or represented by proxy at the meeting.
4. Should a member be unable to attend such meeting, voting by email will be admissible according to arrangements the Secretary might reasonably make to ensure a safe, secure and timely vote.
5. All amendments must be filed with the Pennsylvania Department of State Corporation Bureau on the Articles of Amendments – Domestic Corporation Form. There is a fee of $70.00 for filing this form.
Article XIV - Suspensions and Expulsions
1. No member shall surrender any information pertaining to East Penn Technical Search and Rescue Team to any individual, official, or the press without first being delegated to do so by either the President
or Chief.
2. Any member may be expelled if failing to conform to the By-laws and Constitution of the East Penn Technical Search and Rescue Team by two-thirds vote of the Board of Directors present at any regular
business meeting. Any Officer may be removed from office for refusing or neglecting his/her duties by two-third vote of the Board of Directors present at the monthly business meeting.
3. Any member who refuses or neglects to attend 50% of East Penn Technical Search and Rescue Team functions or who misses four regular business meetings in succession shall be classified an inactive
member.
4. If a member uses insulting language while on duty to an officer or officer in command, or at a business meeting, or be guilty of any offense to bring disgrace on, or to create discord in the Corporation from
02/19/05 on, shall be or may be subject to suspension or expulsion from the Corporation at the next regular monthly business meeting by a two-third vote of the Board of Directors.
5. If a member makes unwelcome sexual advances, requests for sexual favors, and/or makes verbal or physical conduct of a sexual nature, to any member, officer or official constitutes sexual harassment.
The member shall be or may be subject to suspension or expulsion from the Corporation at the next regular monthly business meeting by a 2/3 vote of the Board of Directors. This type conduct will not be
tolerated! (See Sexual Harassment Policy)
6. No member of the Corporation shall give out their personal phone number, pager number or Nextel number for business pertaining to EPTSAR without first being delegated to do so by the President or
Chief. The only number to be given out for emergencies is 570-656-1209 or 570-894-2929.
7. The President and Chief shall have the ability to suspend any member in violation of the By-Laws and Constitution as set forth.
8. Pending an investigation and disciplinary procedure, a member may be suspended (and forbidden from any EPTSAR operational activity) by the Board of Directors.
9. Voting on questions of expulsion shall be by written ballot, with vote by proxy accepted.
10. Expulsion should be reserved for confirmed serious breaches of EPTSAR rules, regulations or procedures.
Causes for automatic dismissal shall be:
1. Conviction of a felony as an adult.
2. Conviction of any crime, while an adult, involving a child, the elderly and/or a dependant adult.
3. Conviction of any violent crime within the 10 years preceding the individual’s application.
4. Conviction of any crime, as set forth above, while an employee or volunteer member of EPTSAR.
5. Conviction of any other crime deemed by the majority vote of the Board of Directors to be disqualifying.
6. Falsifying information on your membership application, or to the Board of Directors, Committees and Members.
Association with Other Corporations
The Board is empowered to enter into cooperative agreements, formal or informal, with other Corporations and agencies, provided:
1. Such agreements are in the best interest of providing enhanced search and rescue or rescue-related service to the public.
2. Such agreements do not conflict with the Articles of Incorporation or Bylaws.
3. Such agreements do not impair the effectiveness of EPTSAR in providing services to the public.
4. Such agreements do not make EPTSAR, or its members, liable for prosecution.
5. Such agreements do not restrict EPTSAR officers or members in caring for the safety of victims or search and rescue personnel.
6. Such agreements do not place EPTSAR personnel involuntarily in situations such that the EPTSAR personnel cannot decline to follow directions they consider unnecessarily dangerous to victims or to
search and rescue personnel
Property and Funds
legitimate use as long as five members in good standing remain therein. After that point, property and funds will be relinquished to the rightful person or persons and/or other non-profit Corporations.
Amendments
A meeting of the Board of Directors from East Penn Technical Search and Rescue was held on 02/22/06 to discuss and vote upon three separate amendments. In order to meet the Internal Revenue Service test
for exemption under section 501 (c) (3), we must make the following amendments to our existing documents and Articles of Incorporation.
These amendments are as follows:
a. Said Corporation is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to Corporations that qualify as
exempt Corporations under section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
b. No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the Corporation shall be authorized
and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial
part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation and the Corporation 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 document, the Corporation shall not carry
on any other activities not permitted to be carried on (a) by an Corporation exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any
future federal tax code, or (b) by an Corporation, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future federal tax code.
c. Upon the dissolution of the Corporation, assets shall be distributed for one or more exempt purposes within the meaning of the section 501 (c) (3) of the Internal Revenue Code, or corresponding
section of any future tax code, or shall be distributed to the federal government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county
in which the principal office of the Corporation is then located, exclusively for such purposes or to such Corporation or Corporations, as said Court shall determine, which are organized and operated
exclusively for such purposes.
These necessary amendments to our Articles of Incorporation have been made as directed by the Internal Revenue Service. Said amendments have been added to our Constitution and By-laws on
02/23/06.
President: Robert Hawk Date: 02/23/06
Secretary: Wanda Koehler Date: 02/23/06