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UNITED
STATES SKI PATROL - ADMINISTRATIVE
DIVISION NATIONAL
SKI PATROL SYSTEM, INC. |
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CONSTITUTION AND BYLAWS
(Revised April 2005)
ARTICLE 1:
PURPOSE
A. The National Ski Patrol System (NSPS), Incorporated, is a federally charted (Public Law 96-489), non-profit, tax exempt organization of volunteers and professionals dedicated to improving ski safety through education services, providing cardiopulmonary resuscitation (CPR), performing emergency care and evacuation of those stricken or injured while skiing or engaged in outdoor activities. The NSPS has been recognized by the Secretary of Defense as a Service Educational Activity of Special Interest to the Armed Forces.
B. The official name of the organization is the United States Ski Patrol-Asia, (USSP-A). USSP-A is a duly registered patrol of the National Ski Patrol System (NSPS) and, as such, is guided by the rules, regulations, policies, and ideals of the bylaws of the NSPS. The NSPS is a non-profit, federally chartered organization. USSP-A bylaws compliment the National Ski Patrol's bylaws and the organization is subject to NSPS bylaws in their entirety.
C. The USSP-A is a member of the Administrative Division of the NSPS. As such, the USSP-A operates under the administrative supervision of the Patrol Representative approved by the NSPS National Chairman. The Patrol Representative is the chief administrator of the local entity known as USSP-A. The USSP-A is an autonomous non-profit organization within Area II, Republic of Korea (ROK).
D. The USSP-A is organized to support military and civilian ski clubs, groups, areas, or entities within the ROK seeking their support. This support includes provision of basic first aid support for ski club trips, and other recreational events, where participants in such events may require such services. In addition, the USSP-A provides first aid and outdoor activity safety education and training, primarily for the USSP-A membership, and for external organizations upon request. Support provided includes, but is not limited to: (1) providing on-site English speaking volunteer ski patrollers trained and equipped to NSPS standards, (2) rendering competent on-site emergency care and rescue service to US military and civilian personnel and their dependents, (3) providing augmentation to the Korea Ski Association (KSA) professional patrols, and; (4) providing emergency care and rescue services as needed for all patrons.
E.
USSP-A promotes ski safety and a suitable education program for accident
prevention for US military and civilian skiers stationed in the ROK. In association with the Korea Ski
Association (KSA), USSP-A cooperates with the ROK and US governmental agencies
and other organizations in winter sports activities.
ARTICLE II
GENERAL
A. The USSP-A is a member of the
Administrative Division, NSPS, with current headquarters located in Yongsan,
B. This
organization is not an instrumentality of the
C. The USSP-A operates and exists on military
installations only with the consent of the Installation Commander. This consent is contingent on compliance
with the requirements and conditions of Army regulations, specifically DODI
1000.15 and AR 210-22. Failure to
comply with these regulations will result in dissolution of the Patrol.
D. Neither the Department of the Army (DA)
nor EUSA will assume any responsibility for this organization's debts.
E. All members of the USSP-A are required
to read the constitution and bylaws upon joining.
F. The
Commander, Area II Support Activity, is the approval authority for the USSP-A
to operate as a Private Organization.
The address of the Area II Support Activity Commander is: Commander, Area II Support Activity, Attn: FMD-PO Unit 15333, APO AP 96205.
ARTICLE III
MEMBERSHIP
A. Membership in the USSP-A is open to anyone 15 years of age or older who can meet the NSPS standards, including:
1. Successful completion of the NSPS Outdoor Emergency Care (OEC) Course and current certification of CPR at the Basic Life Support for the Professional Rescuer level for attainment of OEC Technician status.
2. On-the-hill
validation of OEC skills for attainment of Auxiliary Patroller status.
3. On-the-hill
validation of ski and toboggan handling proficiency for attainment of Basic Alpine
Patroller status.
4. Patrollers
are registered and classified by NSPS categories: 1) skill classification (Alpine,
Nordic), 2) type of service (volunteer or professional), and 3) member level
(candidate, auxiliary, basic, senior, certified, inactive, or alumni) in
accordance with criteria contained in the NSPS Ski Patroller Manual and the
NSPS Policies and Procedures Manual.
5.
Payment of annual NSPS and USSP-A dues.
B. Once NSPS standards have been met,
annual requirements for continued membership include the following:
1. Attendance of 50% of all scheduled meetings.
2. Payment of annual NSPS and USSP-A dues.
3. Maintain current certification in American Red Cross or American Heart Association Professional Rescuer Cardiopulmonary Resuscitation (CPR) or Basic Life Support.
4. Maintain
current certification as Outdoor Emergency Care Technician as defined by the
Outdoor Emergency Care standards of the NSPS. Note, the term Outdoor Emergency Care describes the first aid educational program
of the NSPS. This requires
attendance at the annual OEC and on-the-hill refreshers, and annual ski skills
and toboggan revalidation.
5. Serve
a minimum of ten (10) patrol days during a ski season, or serve in patrol
duties as elected by the active members of the patrol or by appointment of the
Patrol Representative.
6. The
Patrol Representative, in consultation with the executive committee and
certified NSPS instructors, is responsible for validating these requirements
annually for continued membership in USSP-A.
C. Patrol membership shall be granted to all persons regardless of race, creed, national origin, color, religion or sex, upon satisfactorily meeting minimum requirements as set forth in the policies and procedures manual published by the NSPS, subject to any and all amendments thereto.
D. Patrollers may be suspended or removed by the Patrol Representative for failure to meet the requirements listed in these bylaws, or for conduct detrimental to the NSPS or USSP-A. Suspension or removal of any patroller requires the Patrol Representative to form a committee, chaired by the Assistant Patrol Representative or other qualified patrol member, and no less than three (3) active patrollers. This committee will interview the patroller in question (or accept a written statement), investigate the related circumstances, and recommend appropriate action. The final course of action by the committee can be appealed to the Patrol Representative and then the National Chairman, but the suspension will stand until overturned by either the Patrol Representative or the National Chairman.
E. Withdrawal or termination of membership is done by written notification to the Patrol Representative.
ARTICLE IV
COMPOSITION OF THE
GOVERNING BODY
A. The governing body will consist of:
1. The Patrol Representative
2. The Assistant Patrol Representative
3. The Secretary
4. The Treasurer
5. The Instructor of Record
ARTICLE IV
OFFICERS
A. The highest-ranking officer of the USSP-A will be the Patrol Representative. This position is filled by election of the general membership, subject to approval by the NSPS National Chairman. The Patrol Representative operates with the full authority of the NSPS in the performance of responsibilities for the USSP-A. This officer will be responsible to the general membership to:
1. Facilitate
all patrol activities.
2. Establish annual
USSP-A requirements for patrollers to maintain active status.
3. Ensure
USSP-A is revalidated as a small organization within Area II every two (2)
years and maintain authority (with Treasurer) for USSP-A to operate within the Area
II Support Activity.
4. Maintain
administrative relationship with NSPS.
5. Maintain
administrative relationship with the Korea Ski Association, and management of
YongPyong, and Muju ski resorts and others where the USSP-A has established SOU
agreements.
B. The Assistant Patrol Representative is appointed by the Patrol Representative and will be responsible to the general membership to:
1. Assume duties of
Patrol Representative in Representative's absence.
2. Perform duties as
directed by the Patrol Representative.
3. If
the Assistant Patrol Representative is a certified NSPS instructor, he/she may function
as the instructor for record unless one is appointed.
C. The Secretary is appointed by the Patrol Representative and will be responsible to the general membership to:
1. Take
minutes of all patrol meetings.
2. Distribute copies of
minutes to each patroller, Area II Support Activity and others as designated by
the Patrol Representative.
3. Inform
patrollers of all USSP-A activities.
4. Perform
administrative tasks as directed by the Patrol Representative.
5. Maintain
accurate patrol rosters.
6. Maintain
and update the Constitution and Bylaws.
7. Provide
requisite documents to the Patrol Representative, and Area II Support Activity, including
names, addresses and telephone numbers of officers and any major changes to
patrol activities, membership requirements, bylaws and use of funds and
management functions.
D. The Treasurer is appointed by the Patrol Representative and will be responsible to the general membership to:
1. Maintain
patrol financial records and arranges periodic audits in accordance with
applicable regulations.
2. Receive
and disburse funds at the direction of the Patrol. Consensus is given by a quorum of the
members voting approval of said expenditure.
3. Prepare
a quarterly financial statement, due on or about the first of each quarter, and
make it available to all USSP-A members and the financial management division
of the Area II Support Activity.
4. Maintain
non-profit status with Internal Revenue Service and local
5. Collect
and forward annual dues to NSPS, Inc., in accordance with NSP guidelines.
6. Maintain
authority with Patrol Representative for USSP-A to operate within the Area II
Support Activity.
7. Maintain
fidelity bonding for patrol officials/members handling cash flows exceeding
$500.00.
8. Submits appropriate
documents to Area II Support Activity for fundraising approval.
9. Submits financial
report annually to NSPS.
E. The Instructor of Record is appointed by the Patrol Representative and will be responsible to the general membership to:
1. Register
all courses being taught by USSP-A with NSPS using the NSP Education Course
Registration form.
2.
Upon completion of all courses, provide a record of course completion
to NSPS using the NSP Education Programs Course Completion Record.
3.
Coordinates the annual candidate OEC training program for the patrol
each year and ensures standards are met by all NSP Certified Instructors.
4.
Serves as the Patrol Trainer for all training related matters. Plans, organizes, conducts or coordinates
all Patrol training requirements to ensure NSPS standards are met with training
conducted by NSP Certified Instructors.
Section B: Executive Committee
The
Executive committee is comprised of the elected and appointed officers of the
USSP-A, and any designee of the Patrol Representative. This committee will meet as needed to
conduct the business of the USSP-A, at the discretion of the Patrol
Representative.
Section C: Removal of Elected Officials (Patrol Representative)
The
Patrol Representative can be removed from office before a subsequent annual
election under the following conditions:
(1). Directed by the National
Chairman of the NSPS, or the appointed designee.
(2). By
resignation.
(3). Voted
out of office by two thirds (2/3) of the patrol membership at an officially
called meeting.
The
Patrol Representative may, with cause, suspend any appointed official from
their assigned duties and replace with another appointee. Officials may be only be removed from the
patrol according to the procedures found in Article III, Section D.
Article V: Meetings
Section A: General Meetings
General
meetings of the USSP-A will be held at least once per month during the period
August through May. In addition,
the Patrol Representative for circumstances requiring member participation may
call special meetings. A general
meeting will be considered official if the Patrol Representative or designated
officer appointed by the Patrol Representative and at least 50 % of active patrollers
are present.
Section B: Annual Meetings
The
Patrol Representative is responsible for conducting an annual membership
meeting for the purposes of electing officials for the following year, and
conducting any other routine business of the patrol. Elections during this Annual Meeting are
to be in accordance with the bylaws as set forth in Article VI: Elections.
Section C: Executive Committee Meetings
In
addition to the meetings described above, the Patrol Representative may
convene, as needed, a meeting of the Executive Committee, for the purposes of
carrying out the business of the USSP-A.
Section D:
Committee Meetings:
The Patrol
Representative may appoint committees to conduct studies, provide
recommendations, or develop programs in support of the patrol. A committee will also be appointed to
review the conduct of any patroller being considered for membership suspension
or withdrawal.
Section E:
Quorum Requirements:
A
quorum will consist of two thirds (2/3) of the active members of USSP-A present,
or providing written proxy votes to the Patrol Representative prior to any vote
being taken. Quorum votes are
required for the following patrol activities: election of the Patrol Representative , removal of the Patrol Representative, dissolution of
the patrol, amendments to the constitution and bylaws, and ratification of the
constitution and bylaws.
Section F: Minutes
Minutes
of USSP-A meetings will be taken, distributed to the membership, and maintained
for historical purposes. Further
distribution includes the Area II Support Activity, and others as designated by
the Patrol Representative. These
actions are the responsibility of the Secretary.
Section F: Conduct of Meetings
All meeting will be conducted using Roberts Rules of
Parliamentary Procedures.
Article VI: Elections
Section A: Officers
The
Patrol Representative is the only elected officer of the USSP-A and is selected
during the Annual General Meeting, usually held in November. The Patrol Representative will serve a
one-year term, with no limitation on how many successive terms in official may
serve. Persons nominated for the
Patrol Representative position must meet at least the following requirements:
(1). Be a
patroller on active status in good standing
(2). Be
present in
Any
member of active status can make nominations for the Patrol
Representative. The Patrol Representative
is the only elected officer. All
other position are appointed by the Patrol Representative. They include, but are not limited to,
Assistant Patrol Representative, Secretary, Treasurer, Instructor of Record and
Equipment Manager. The newly
elected Patrol Representative must also be confirmed by the NSPS National
Chairman.
Article VII: Private Organization Status, Area II Support Activity
USSP-A
is established as a "Type 2 Private Organization" within the Area II
Support Activity military community pursuant to Army Regulation 210-1, Private
Organizations (PO) on Department of the Army (DoD) Installations, Eighth
United States Army Supplement 1 to Army Regulation (AR) 210-1 (same title), and
other appropriate directives. It is
not an instrumentality of the United States, it is self sustaining, and may not
receive financial assistance from the US Army, Appropriated Fund (AF), or
non-Appropriated Fund (NAF) activity.
USSP-A will not engage in activities that compete with those of any AF
or NAF activity. Neither the
Department of the Army nor USFK will assume any responsibility for the
organization's debts. The Area II
Support Activity requires that revision and ratification of the USSP-A Constitution and
Bylaws every two (2) years. All
members are required to read the constitution and by laws when joining the
organization. Responsibilities of
members are outlined in Article III above.
ARTICLE VIII
METHODS OF FINANACE
The USSP-A, as part of the NSPS, is a volunteer, non-profit organization, which is financed through donations, gifts, and membership dues. Fund Raising activities are conducted by the USSP-A to obtain operating funds for the purchase of equipment and supplies necessary to patrol activities.
ARTICLE IX
LIABILITY INSURANCE
Section A: NSPS Related Activities
The
NSPS liability insurance policy covers NSPS members while they are
participating in any NSPS-approved educational, training, or certification
program to maintain or improve membership.
NSPS insurance covers claims for harm to others alleged to have risen
out of such educational and certification programs where a claim is made that
such harm was the fault of the NSPS or one of its members or instructors. Specific parameters for this coverage is
further defined in Chapter 3.2.2, NSPS Liability Insurance Policy, of the Policies
and Procedures Manual, 1999 edition.
Section B: Personal Liability
Personal liability coverage for patrol members is
the responsibility of each patroller. Good Samaritan laws of the
Section C: EIGHTH UNITED STATES ARMY and USFK Liability Statement
The
USSP-A is a chartered organization under the US NSPS and thereby operates
within its parameters as stated in Article IX, sections A and B. Therefore, neither the Area II Support
Activity, other military installations within Area II or the
Article IX: Taxes
NSPS is a non-profit organization granted Tax Exempt status as described in section 501 (c)(1) of the Internal Revenue Code. The National federal ID# is EIN84-0398775. As a subordinate element of NSPS, and a registered patrol of the NSPS, USSP-A is also granted tax-exempt status under section 501(c)(1) under a group exemption letter dated 17 January 1973.
Article X: Dissolution
If the USSP-A is dissolved, all funds in the
treasury will be used to meet any outstanding debts, liabilities, or
obligations. The balance of these
assets, and any equipment assets, will be disposed of as determined by the
membership. In the absence of
membership decision, disposition of assets will be as follows:
(1)
Equipment and supply assets will be transferred to the Korean Ski Association
within the limitations
of the Ration Control System of USFK.
(2)
Funds will be transferred to the NSPS for ultimate use or disposition.
In
the event of outstanding debt or obligation upon dissolution, each current
member of USSP-A will be equally and personally responsible for the retirement
of this debt or obligation.
Approved by a majority vote of the USSP-A members on: 4 May 2005
____________________ ____________________
Ned
C. Stoll. David
C. Ayersman
Patrol
Representative Patrol
Treasurer