National Association of Former Border Patrol Officers

As Amended, June 8, 2007, 2007

CHARTER

Preamble

We, the undersigned, create this charter to provide for the founding and guidance of the National Association of Former Border Patrol Officers.  We believe that the provisions that follow are clear enough and flexible enough that they will serve as a framework for the Association's activities and growth. 

Where disagreement arises in the future over matters unclear or unaddressed here, officers and members of the Association are reminded now that the purpose of this group is to serve the nation's best interests and nothing else.  We will take no action that does otherwise, or that weakens this group and its resolve.

Honor First

1)  Name

This organization shall be called the National Association of Former Border Patrol Officers.  It may be referred to as NAFBPO once an initial use of the full name has been made for the sake of clarity.

2)  Mission 

a.     The NAFBPO mission statement is as follows: 

"Our paramount mission is to contribute to the security and stability of the United States.  To that end, we shall propose and be advocates for immigration policies and laws that we believe serve those national interests, and we will oppose those that do not contribute to the national well-being."

b.     The organization will seek to inform and educate the public and policymakers about immigration and border control issues.  That goal will be pursued through public speaking, correspondence, such as letters to publications and the media, and personal media contacts. 

c.      The organization will take and publish positions on such matters.

d.     It will recommend to the public and its elected representatives what it believes to be proper courses of action.

e.     No positions will be taken, nor statements issued, nor anecdotes nor talking points used, that cannot be supported by first-hand experience of the members, or personal knowledge, or knowledge of known, demonstrable provenance. 

3)  Membership:

a.     Categories of Membership

                                                                   i.          Member

·       Senior[1] membership is restricted to U.S. citizens who have served in the Border Patrol or a Section 6(c) covered position in the INS or its successor agencies in a journeyman or higher position for at least a year, and who have retired from such position or voluntarily left government service. 

·       A Full Member may participate in all NAFBPO activities, including voting for officers, or on such matters as may come before the membership for a vote.  However, the Board of Directors shall be constituted solely of Senior members who have been Border Patrol officers for a total of at least five years. 

·       A Senior Member will pay dues in an amount of $50 a year, or any other such amount as may be decided by the Board of Directors. 

                                                                 ii.          Associate Member

·       U.S. citizens who have served in any position (including 6(c) positions) in the Border Patrol, the INS, or any of its successor agencies may become an Associate Member. 

·       An Associate Member may participate in discussions of any matters of interest to the NAFBPO, including making formal presentations orally or in writing to the Board of Directors, but an Associate Member shall not have the right to vote. 

·       An Associate Member will pay dues in an amount fifty percent (50%) of a Senior Member. 

                                                                iii.          Supporting Member

·       Supporting membership is open to any individual who is legally present in the U.S. and who supports the public goals of the NAFBPO, and who, during the course of any calendar year, makes a donation of at least fifteen dollars ($15) to NAFBPO. 

·       A Supporting Member shall have neither discussion nor voting privileges of any sort.  They will, however, be entitled to attend NAFBPO functions (aside from those formally designated closed to them by the Board of Directors), and shall be placed on any public NAFBPO mailing or email lists so that they may be kept apprised of what the organization is doing. 

·       The spouse of a Senior Member or an Associate Member, or of any officer on active service, or the widow or widower of any of the foregoing, may become a Supporting Member without the requirement of making an annual contribution.[2]

b.     Application for membership shall be in a form prescribed by the Board of Directors.  Applicants for Senior or Associate Membership shall be required to submit written proof, or endorsement from a Senior Member, that he or she meets the requirements described in the sections above for the membership sought. 

c.      Approval of applications for membership shall be made by any Director, or by the Secretary of NAFBPO.  The approval shall be recorded, with a notation on the record of membership as to whether or not the member is eligible for a position on the Board of Directors. A membership card of a prescribed form shall be provided to the applicant. 

d.     Denials of membership (except for those based on a failure to meet basic criteria) may be made on a discretionary basis, but only by a vote of half of the Board of Directors.  An evenly split vote shall be deemed a failure to pass.  A denial of application for membership shall be formally recorded, and the applicant shall be notified of the denial, and the reasons therefore.

e.     A member of any category may be removed from membership by simple majority vote of the Board of Directors, or a quorum thereof.

f.      Membership and its privileges shall commence on the date of approval of the application, with dues prorated monthly (beginning with the month following that of the approval) to the end of the NAFBPO fiscal year.  Thereafter, membership will be renewed on an annual basis, coinciding with the fiscal year.

g.     Failure to renew membership by payment of dues will result in loss of the privileges of membership after 90 days in arrears.  At the end of one year, membership shall be terminated, and the records so noted by the Secretary

4)  Activities

a.     The organization will be completely nonprofit and nonpartisan. 

b.     It will endorse or oppose positions, but it will not endorse candidates for office, nor parties. That does not preclude speaking or writing approvingly or in opposition to a candidate’s position on issues of concern to the organization.  In other words, we are free to endorse or oppose his positions on issues of interest, but we will not endorse or support the individual.

c.      NAFBPO will not contribute funds or time or effort to the benefit of any candidate for office, or any party.

d.     Through whatever channels are available, NAFBPO will make its positions and arguments known to the general public, policy-makers, and their elected representatives.

5)  Governance of the National Association of Former Border Patrol Officers

a.     Officers and Committees shall be:

                                                                   i.          A Board of Directors consisting of eight members in good standing of NAFBPO, and a Secretary and a Treasurer[3], who shall be non-voting members of the Board. 

Each shall be called a Director (except for the Secretary and Treasurer) without further qualification of the title, except for the member elected Chairman, who shall be called Chairman, and a member selected as Vice-Chairman, who shall be called Vice-Chairman.  However, certain Directors may have specific oversight duties for particular activities of NAFBPO.

·       Directors[4] shall have been Border Patrol officers for at least five years. 

·       A quorum will consist of at least five Directors.

·       Issues resulting in a tied vote must be directed to the Chairman for resolution.

·       The Chairman will chair meetings of the BoD.  In his absence the meetings will be chaired by the Vice-Chairman[5] or by whichever Director is selected by the sitting members of the Board for that temporary position.

·       Directors will occupy their chairs for a period of two years.  A Director may be reelected to sequential terms totaling no more than six years, but there shall be no limitation on total lifetime service.

However, to allow formation of the organization and smooth transition to an elected Board, all eight shall be initially appointed by consensus of the Core Group from within the Core Group or the general membership. Four shall be appointed for a period of one year after the date of incorporation of NAFBPO.  At the same time, another four members shall be appointed for a two-year period. Thereafter,

·       A member leaving the Board voluntarily or through completion of a maximum period of time, shall nominate his own replacement.

·       If the departing member be the Chairman then he shall nominate his own replacement on the Board of Directors but in that case the Vice-Chairman shall serve the balance of the term of the Chairman and the BoD shall select a new Vice-Chairman. 

Ø  That replacement must be approved by the whole Board of Directors before he is seated.  

Ø  Should that nomination fail to be approved the departing officer may make another nomination.  If that replacement is not approved by the whole BoD the nomination shall be taken out of the hands of the departing member, and a replacement selected from a pool of volunteers from the general membership.

·       In the case of the death of a sitting member, a replacement shall be selected by the BoD from a pool of volunteers from the general membership.  If the Chairman die then the Vice-Chairman shall serve the rest of his term and the BoD shall select a new member as stated above in this paragraph and shall then select a new Vice-Chairman.

·       A member of the BoD may be removed from his seat by vote of five of the other members, with the whole BoD sitting. 

                                                                 ii.           A Chairman who shall be elected by the Board of Directors from within their current membership. 

·       He shall occupy the position for a period of two years.

·       He shall have no vote except to break a tie.

·       He may be reelected to no more than three consecutive terms, but there shall be no limitation on total lifetime terms.

·       He may be removed from his position as Chairman by majority vote, with the whole Board sitting, but that vote does not, of itself, remove him from his seat on the BoD.  He may be removed from the BoD under the provisions set forth above, in the final provision of Section  (5)(a)(i).

                                                                iii.          A Vice-Chairman, who shall be elected by the Board of Directors from within their current membership. 

·       He shall occupy the position for a period of two years.

·       He has no special duties or powers except that he shall assume the position of Chairman pro tem if the Chairman be absent.

·       He shall have voting rights on issues before the BoD except when serving as Chairman.  At that time, he votes only to break a tie.

·       He may serve an unlimited number of terms as Vice-Chairman except that when elevated to the Chair to fill a vacancy (rather than a temporary absence by the Chairman) his term in the Chair shall be limited to that of the departed Chairman.

                                                                iv.          A Secretary, who shall be a nonvoting member of the Board of Directors.  Other than voting he shall have the full authority of a Director in administering NAFBPO affairs.  The Secretary shall be a member of NAFBPO.  If not a members when considered for the position, the nominee shall be required to join NAFBPO.[6]  before undertaking the duties of the position. The Secretary shall occupy the post at the pleasure of the other members of the Board, and may be removed at any time by majority vote of the BoD, the whole Board sitting.  There shall be no limit on the length of appointment to the position.

                                                                 v.          A Treasurer, who shall be selected by the two overseeing Directors responsible for budget and finances, and who shall be confirmed by unanimous vote of the entire Board.  An outside professional firm or individual may be employed for the position. There shall be no limit on the length of appointment to the position. The Treasurer may be removed from his position in a like manner to the Secretary.

                                                                vi.          A Communications Manager, who shall be appointed by the Chairman and confirmed by the Board of Directors from a pool of volunteers from the general NAFBPO membership.  He shall report to the Chairman.  He is not a member of the Board of Directors, but he is encouraged to attend BoD meetings.  He may draw upon volunteers from the general membership for assistance, as his needs demand.  There shall be no limit on the length of appointment to the position. The Communications Manager may be removed from his position in a like manner to the Secretary.

                                                              vii.          A Budget and Finances Committee consisting of two members of the BoD selected by lot, who shall have two-year terms, and one member appointed by the Chairman from the general membership who shall have a one-year term. The BoD members of the Committee shall be selected within thirty days after a BoD election.  Except, that the first selection shall be of one Board member for a one-year term, and the other for a two-year term, to establish a continuity of presence on the Committee.

                                                            viii.          A Policy and Positions Committee consisting of three members of the BoD and three members from the general membership. One of the members from the BoD shall be the Chairman of the BoD, and he will also be Chairman of the Committee. 

·       The Chairman shall select three members from a pool of volunteers from the general NAFBPO membership.  No confirmation by the BoD is required.

·       Membership in the Committee shall be open-ended, that is, the term is not limited, but a Director’s term on the P&P committee ends when he leaves the BoD. 

·       Upon assuming office, a new Chairman shall have the authority to replace any number of the three Committee members who have come from the general membership.

b.     Duties and Authorities

                                                                   i.          The Board of Directors shall:

·       Select from among its members, by majority vote of the whole Board, a Chairman and a Vice-Chairman.

·       Have sole authority to derive and approve all positions adopted by the NAFBPO.

·       Have sole authority to approve public pronouncements of positions adopted by NAFBPO except that they may, by majority vote, indicate their confidence in the judgment of the Chairman and/or the Communications Manager by authorizing either or both of them to speak or write formally on matters settled within the organization.

·       Select from within itself two members of the Policy and Positions Committee (the third member will be the Chairman).

·       Have sole authority to decide on courses of action to carry out the stated mission of the organization.

·       Decide with whom (individual or organization) NAFBPO will ally itself in carrying out its stated mission.  However, that should not be interpreted to preclude the Chairman, the Communications Manager, or any other Director from communicating or exchanging views with other individuals or organizations with a view to discovering common ground.

·       The BoD may, in its discretion, authorize the Chairman, the Communications Manager, and the Secretary and Treasurer to pay recurring expenses such as telephone/fax/Internet charges, and copying/postage expenses.  However, any bills of that nature will be submitted immediately after the fact to the Treasurer, who shall make them a part of his quarterly report to the overseeing Directors. 

·       Have authority, when sitting in the whole, to override by simple majority vote any decisions or actions taken by subordinate individuals or groups identified in this Charter.

                                                                 ii.          The Chairman shall:

·       Chair meetings of the Board of Directors.

·       Propose positions and activities to the BoD that will execute the stated mission of the organization.

·       Plan and direct activities authorized by the BoD.

·       Carry out liaison activities with other individuals and organizations with similar interests, as authorized by the BoD.

·       Chair the Policy and Positions Committee. 

·       With deference to the duties of the Policy and Positions Committee, he may act independently to study issues and make proposals directly to the BoD.  He is not authorized to seek funds from the BoD for research or proposals.

·       Act on a proposed budget in accordance with provisions set forth in section 5) b) vi) below.

·       Have authority to request (in writing) the reprogramming of funds within the budget.

·       Have authority to authorize expenditure of NAFBPO funds, without regard to budget category, to meet urgent need, but exercise of such authority must be within the existing overall budget.  It must be reported immediately to the B & F committee, who may reprogram funds within the budget to cover the expenditure.   Such expenditures are considered extraordinary, and excessive use of the authority may be grounds for a caution from the B & F Committee to the Chairman. 

·       With the assistance of the Secretary, prepare a formal report semi-annually to the BoD and annually to the general membership on the following issues:

Ø  NAFBPO activities

Ø  Status of programs

Ø  Liaison and alliances with other organizations

Ø  Membership

Ø  Finances

Ø  Anticipated challenges

Ø  Proposed activities

Ø  Other items of interest or unusual situations

                                                                iii.          The Treasurer shall:

·       Maintain the financial records of NAFBPO.  This will include opening and managing a checking account or accounts.

·       Collect dues

·       Issue checks authorized by the Board of Directors, or to pay pre-authorized, routine expenses.  Checks issued for purposes other than to pay routine, recurring expenses must be countersigned by Director on the Budget and Finance Committee, or if he is unavailable, any Director.

·       Prepare semiannual financial reports for the Budget and Finance Committee to present to the BoD

·       Prepare special financial reports and projections what activities the budget will support when requested by a majority of the BoD

·       Assume the duties of the Secretary in his the absence

                                                                iv.          The Secretary shall:

·       Keep the minutes of meetings of the Board of Directors

·       Prepare a formal record of minutes and prepare them for approval by the BoD

·       Distribute to the general membership, copies of minutes approved by the BoD, except that a general distribution of the minutes shall not be required, but copies will be provided upon specific request of any member of NAFBPO.

·       Maintain correspondence and email files of formal NAFBPO communications

·       Maintain the membership list

·       Assume the duties of the Treasurer in his absence

                                                                 v.          The Communications Manager shall be responsible for:

·       Managing all communications internal to NAFBPO’s operation, and external to carry out the mission.  That shall include, but is not limited to:

Ø  Making press releases

Ø  Generating informational mailings via email or U.S. mail to the NAFBPO membership or any other interested parties

Ø  Coordinating speaking engagements or interviews

Ø  Maintaining a speaker’s list

Ø  Maintaining a briefing book.  The briefing book shall contain the following:

o   About NAFBPO

o   All documents recording formal NAFBPO positions

o   Statistical data

o   Attributable anecdotes and information that support NAFBPO positions

o   Talking points approved by the BoD or Chairman

o   Suggested commentary

·       He may recruit from the Board or the general membership people to assist him in his tasks, but they shall have no formal position with respect to the organization.

                                                                vi.          The Budget and Finances Committee shall:

·       Prepare a budget for the fiscal year to come.

Ø  Project anticipated revenue and carryover.

Ø  Specifically identify each item, or in some cases, groups of similar items, for which expenditures are anticipated, and allocate an amount to them. At least ten percent of the budget shall be set aside in a category identified as “UNALLOCATED” to cover unanticipated expenses.

Ø  Submit the proposed budget to the Chairman not less than sixty days before the new fiscal year begins.

o   The Chairman may approve the budget without comment, or.

o   If he finds it unacceptable in whole or in part, he may confer with the B & F Committee to reach a resolution of differences, and if resolution is reached, he may approve it.

o   If no resolution can be reached, the matter will be decided as between the two proposals by a simple majority of the BoD.

·       Consider requests for reprogramming of funds submitted by the Chairman.

Ø  If approved, the B & F Committee will notify the Treasurer, who will adjust the books to reflect the change, and the Secretary will make a general notation in the organization’s records.

Ø  If denied, the Secretary will make a general notation in the organization’s records reflecting the nature of the request, the denial, the reasons, and any relevant comments by the Committee.

·       Audit the books of the NAFBPO at least once a year.  The review will include at least a direct viewing of the bank statements (or copies of them) for the period just ending, and any other documents the Committee may wish to see.

Ø  A review will take place within 30 days after replacement of a member of the B&F Committee, or appointment of a new Treasurer, or at any time twelve months has elapsed since the last review.

Ø  If anomalies are found that require a professional review, the B & F Committee may request of the BoD that a professional auditor be hired.  The BoD (either in whole or a quorum) will review the questions immediately, then, by majority vote, proceed as they think appropriate. 

·       Receive semi-annual reports of NAFBPO finances from the Treasurer, review them, and pass them along to the BoD with appropriate comments.

                                                              vii.          The Policy and Positions Committee shall:

·       Operate under the guidance and direction of the Chairman, who shall be its chairman.

·       Examine the national and international situation with respect to U.S. immigration laws and policies, and border security.  Based on their findings, they may

Ø  Call for research (including requests to the BoD for expenditure of NAFBPO funds to assist) to clarify or define issues

Ø  Draft reports on their findings

Ø  Propose actions to deal with those findings.

·       Reports and proposals shall be submitted to the Chairman / Committee Chairman.  He may forward the report and/or proposal in its entirety to the BoD with or without comment.  If he finds the report unacceptable he may return it to the Committee, stating his reasons for doing so, and ask that it be redrafted.  Should the Committee decline to redraft it, the Chairman / Committee Chairman shall forward it with or without comment to the BoD.

6)  FINANCES

a.     The NAFBPO fiscal year will begin on June 1.

b.     All funds will be kept in an FDIC-insured bank in a regular checking account.

                                                                   i.          The Treasurer, all Directors, the Secretary, and the Communications Director shall have authority to sign checks.

                                                                 ii.          All checks must be signed by the Treasurer and one person identified in section 6) b) i) above, except that in the event the Treasurer is not available, a member of the B & F Committee and any other member identified above may sign a check.

                                                                iii.          Excess funds, should any develop, may be placed in a money market account, upon the approval of the B & F Committee.

c.      All bank statements will be kept by the Treasurer in orderly fashion in a location of his choice, assuming that it is readily accessible by members of the Board in case of the Treasurer’s incapacitation.

d.     When a new Treasurer takes office, banking records will be transferred to him via U.S. Mail, registered.

e.     Banking records will be kept for a period of at least seven years.  If they are kept longer, those older than seven years may be placed in some form of secure storage.

f.      Online banking will be utilized to the maximum extent possible. 

                                                                   i.          The Treasurer and each of the members of the B & F Committee will have access to the account under different passwords. 

                                                                 ii.          A new Treasurer or member of the B & F Committee will immediately create a new password for himself upon taking office.

                                                                iii.          Written statements will continue, and will be maintained as set forth in at subsection e) above.

                                                                iv.          Recurring expenses may be set up for payment by automatic withdrawal.

7)  This charter may be amended or changed by:

a.     Method

                                                                   i.          Motion by half or more of the Board of Directors or

                                                                 ii.          Motion by five (5) percent of the total of Senior members authorized to vote, such motion being filed with the Secretary by the leader of the group requesting the amendment or change, and

                                                                iii.          Ratification of the change by over fifty (50) percent of those general members who vote on the issue.  A 50/50 vote shall be deemed a failure to pass.

b.     Management of change

                                                                   i.          No proposal for amendment or change shall be accepted by the Secretary that deals with more than one subject.  A motion not meeting that requirement will be returned to the moving party with comments suggesting a way to make the motion acceptable.

                                                                 ii.          Notice of an accepted motion for amendment or change shall be published electronically to the general membership via email within thirty (30) days after acceptance by the Secretary.  It is the duty of each member to keep the Secretary apprised of a current electronic mailing address.  A failure to do so that results in the loss of opportunity to vote on any issue or election is not grounds to challenge a vote of the membership on a motion for amendment or change, or an election.

·       Votes shall be cast by direct email REPLY to the notice sent of a motion for amendment or change. 

·       No direct emails purporting to be a vote will be accepted.

                                                                iii.          The Secretary shall

·       Advise the BoD of the outcome of the vote, and

·       Record the amendment on the Charter, and

·       Notify the general membership.