TAPS Bylaws

Mar 08, 2009 at 08:05 pm by staff

www.taps-inc.com/article/486/taps-bylawsARTICLE I - SEAL

Section 1. An official Seal shall be adopted and may be used on all official documents of TAPS.

Section 2. However, the presence or absence of the seal on any instrument, or its addition thereto shall not affect its character or validity or legal effect in any respect. _______________________________________________________________________________________ ARTICLE II - OFFICIAL PERIODICAL

Section 1. The Association shall publish an official periodical to be known as "The Tennessee Surveyor". ______________________________________________________________________________________ ARTICLE III - PURPOSE AND AMENDMENTS

Section 1. It is the purpose of this series of Bylaws to establish laws to govern the procedures of the Board and the Committees under the Constitution.

Section 2. It shall require an affirmative vote of not less than two-thirds of all members of the Board to amend these Bylaws. _____________________________________________________________________________________ ARTICLE IV - POLICY STATEMENT

Section 1. As an aid to the administration of the business of TAPS, the Board may from time to time vote and establish a policy for execution by the Officers. Any such policy shall be assigned a unique index number and be compiled on a list as a Policy Statement to be made a part of the Bylaws.

Section 2. It shall take an affirmative vote of not less than two-thirds of all members of the Board to establish or change any policy.

Section 3. Once a policy has been enacted, it shall carry the same weight as any other part of the Constitution or Bylaws.

Section 4. No policy shall be set up by the Board that is in conflict with the Constitution or Bylaws of TAPS. ______________________________________________________________________________________ ARTICLE V - ADMINISTRATIVE AND FISCAL

Section 1. Rules of Order - All meetings shall be conducted in accordance with the laws of the State of Tennessee, Roberts Rules of Order (revised) and these Bylaws.

Section 2. Fiscal Year - The fiscal year of the Association shall begin the first day of October of each year.

Section 3. Communications - Notice of all meetings of the Association shall be issued concurrently to the Association's Officers in addition to all persons who are expected or invited to attend. ______________________________________________________________________________________ ARTICLE VI - DUTIES AND POWERS OF OFFICERS

Section 1. President - The President shall have general supervision of the Officers of TAPS and shall conduct all meetings; shall select chairmen of all Standing Committees: may appoint special committees: shall serve as ex officio member of all committees; and shall sign all membership certificates. The President shall deliver a State of the Association address to the membership at the Annual Fall Meeting. The President, in his/her oath of office, shall promise to support the Constitution and Bylaws and carry out all proper directives to the Board of Directors whether acting individually or through the other elected officers.

The President shall prepare a proposed plan for the activities of TAPS during his/her term of office as President; which plan shall be submitted to the new board of directors prior to its first official meeting. The Board may request, but does not force, changes in the plans and may veto the plan as a whole, and request that a new plan be submitted.

Section 2. President-Elect - It shall be the duty of the President Elect to plan for his/her tenure as President by becoming familiar with the organization committee activities and business of the Association to serve on the Executive Committee, to preside at all meetings in the absence of the President and in the event of the President's disability, to assume all duties of the office of the President.

In the event of the President Elect's inability to succeed to the office of President for any reason whatsoever, the Board of Directors shall elect from TAPS membership a person who has held or is holding the office of President of TAPS.

Section 3. Secretary/Treasurer - It shall be the duty of the Secretary/Treasurer to attend all meetings of the Association, Board of Directors, and Executive Committee, to keep a true record of the proceedings of all meetings, and to report the minutes of previous meetings. He/She may be bonded at the expense of the Association for such amount as shall be determined by the Board

Section 4. Past President - The Past President shall serve on the Executive Committee and the Board of Directors.

Section 5. Directors - The Directors shall in concert with the Officers, formulate the policies of TAPS and ensure that the policies are carried out.

Section 6. Executive Secretary - The Board of Directors may appoint an Executive Secretary whose term of office shall be at the discretion of the Board. The salary of the Executive Secretary shall be set by the Board. It shall be the duty of the Executive Secretary to see that a list of members is kept including registration number, name, address, business affiliation, date of entrance, to give notice when so ordered or required to all regular or special meetings of the Association, to maintain contact with all chapters, to conduct correspondence with other organizations or surveyors, and to surrender to his/her duly qualified successor all records and property of the Association held by him/her.

In addition, it shall be Executive Secretary's responsibility to attend to the collection of Association dues and admission fees and all other monies of the Association, to keep suitable books of accounts disclosing income, expenditures, assets, and liabilities, to deposit in the name of the Association in such bank or banks as may be designated by the Executive Committee, to close the books at the end of the fiscal year and submit same with all supporting vouchers to the auditors, to serve on the Budget and Finance Committee as an ex-officio member, and to surrender to his/her duly appointed and qualified successor all funds and property of the Association in his/her custody.

In general, the Executive Secretary shall under the supervision of the President effectuate the programs and policies of the Association as determined from time to time by the Board. He/she shall be bonded at the expense of the Association for such amount as shall be determined by the Board. He/she shall manage the Headquarters Office and shall have such other duties as the President and/or Executive Committee may assign to him/her. At the Annual Fall Meeting, he/she shall submit a report covering the activities of his/her office. The Executive Secretary shall attend all meetings of the Board and such other meetings as the Board may direct, but shall have no vote.

Section 7. Grand Division Director at Large - The duties of each grand division Director at Large shall be as follows in respect to his/her grand division:

a. To represent all TAPS chapters and chapter members. b. to represent non-chapter members. c. to see that at least one TAPS approved seminar is held. d. to have representation at all Board of Examiners Meetings.

Section 8. Order of Succession - In the absence of a President, the order of successor as Presiding Officer at all meetings of the Association, the Board and the Executive Committee shall be: President Elect, Past President, Board Member.

Section 9. NSPS GOVERNOR - TAPS state representative to the NSPS Board of Governors will be a member of TAPS Board of Directors. The NSPS Governor's position became an elected office instead of by appointment. In the event there is no candidate for said office, the President will appoint a candidate.

Section 10. The duties of the Vice President is to plan and oversee the Annual Fall Meeting, the Conference, and any Seminars. The Vice President would chair the Conference Committee.

Section 11. Out of State Director-The Out of State Director shall in concert with the Officers, formulate the policies of TAPS and ensure that the policies are carried out. _______________________________________________________________________________________ ARTICLE VII - MEETINGS

Section 1. General Meetings

A. Order of Business - The following business of TAPS shall be conducted in the following order:

1) Call to order 2) Approval of the Minutes of the preceding meeting 3) Reports of the President and the Secretary/Treasurer 4) Report of Committees 5) Reports from Chapters 6) a. Nomination of Officers(the Conference Meeting only b. Election of Officers (Annual Fall Meeting only) 7) Unfinished business 8) New business 9) Adjourn

The Business Meeting may be recessed or adjourned and recalled to allow for other activities.

B. Minutes - The Secretary/Treasurer shall take the Minutes of the Meeting. These minutes shall be distributed by the Executive Secretary to all members of the Board at least thirty (30) days prior to the next meeting.

C. Reports - All reports required above shall be written and shall be distributed to all Members of the Board as part of the Minutes

Section 2. Board of Directors Meetings

A. Order of Business

The business of the Board of Directors shall be conducted in the following order:

1) Call to order. 2) Approval of Minutes of the preceding meeting. 3) Reports of the President, Secretary/Treasurer, and Executive Secretary. 4) Reports of Chapter Representatives. 5) Reports of Committees. 6) Unfinished Business. 7) New business. 8) Adjourn.

The meeting of the Board of Directors may be recessed or adjourned and recalled to allow for other activities.

B. Minutes - The Secretary/Treasurer shall take the Minutes of the Meeting. These minutes shall be distributed by the Executive Secretary to all members of the Board at least thirty (30) days prior to the next meeting.

C. Reports - All reports required above shall be written and shall be distributed to all Members of the Board as part of the Minutes.

D. Parliamentary Rules - Roberts Rules of Order shall govern the conduct of the meetings in all respects not stated within. _________________________________________________________________________________ ARTICLE VIII - DUES AND FEES

Section 1. Membership Year - The Membership Year for payment of dues shall be a calendar year, October 1 through September 30. Persons who have not previously been members of the association, admitted to membership during the year shall be charged dues prorated on a monthly basis.

Section 2. Dues - Membership dues for the various classes of Membership shall be as follows. The dues structure will be determined annually by the Board of Directors.

Class A: Individual, Fellow, Member, Retired, Out of State Class B: Individual, Jr. Member, Associate, Student Class C: Organization, Affiliate, Sustaining, Auxiliary

Section 3. Delinquency - All classes of membership shall be delinquent/lapsed if the dues are not paid in full by November 1. Delinquent members will not have the right to vote, serve as an officer or director, serve on committees, nor be listed in the roster. Delinquents in all classes of membership may be reinstated by the Executive Secretary provided the current year dues are paid in full. A reinstatement/lapsed fee may be added. After one full year of delinquency, membership may be reacquired only by submittal of a new application.

Section 4. Limitation on Member Rights-The Association may, from time to time, at the Board's discretion, and without obligation to the members, obtain or terminate one or more group insurance policies, or may make or terminate arrangements for affinity programs, to be generally available to the Association's membership, the Association is not obligated to provide to the members, to any particular class of member, or to all persons that are members, coverage or benefits under any group insurance policy, affinity program or other similar policy or program. While the Association endeavors to obtain group insurance policies that cover all members, and that covers all members uniformly, the Association may find that it is not always possible or practical to do so. For example, some policies exclude persons with prior conditions and provide a reduced death benefit after certain ages. No person that is a member of the Association has any right to coverage or benefits under any group insurance policies or affinity programs, and the Association does not guarantee any class of members, or any member, any coverage or benefits under such policies or programs. Any group insurance policy is intended by the Association to supplement, and not replace, a member's individual insurance policies and plans and all members are encouraged to review any group Professional Life policies and plans and to consult with their own insurance agents and advisers as to their insurance needs. The provision of group insurance policies is independent of a member's obligation to pay dues to the Association and no member is entitled to any reduction or credit of dues paid if coverage is not afforded to a member or if coverage or benefits differ from member to member. The foregoing clarifies and confirms the Association's policies and is intended to be retroactive to the fullest extent allowed by law. _______________________________________________________________________________________ ARTICLE IX - COMMITTEES

Section 1. Committee Members - Any class and grade of individual member shall be eligible to serve on one or more committees.

Section 2. Committee Chairman - The President may appoint a Chairman from the membership of each committee.

Section 3. Committees and Duties

A. Budget and Finance Committee - This committee shall consist of three members being the President, President-Elect and Secretary/Treasurer and is charged with preparing a budget for consideration by the Board of Directors, recommending sources and levels of revenue, and monitoring finances for conformance with the budget.

B. Ethics - This committee shall consist of three members and is charged with investigating all reported violations of ethical practice and illegal practice. All confirmed reports shall be delivered to the Board of Directors for disposition.

C. Standards of Practice - This committee shall consist of five members and is charged with maintenance of the Manual of Practice, development of new standards, and business practices as appropriate. The committee shall also oversee publication of the Manual.

D. Legislative - This committee shall consist of three members and is charged with monitoring the actions of the State and Federal Legislative Bodies for proposed legislation affecting surveyors. The committee will propose laws to the Board of Directors when the need arises and will assist in obtaining passage of these laws.

E. Interprofessional - This committee may consist of three members and is charged with maintaining liaison with the other allied professions such as engineers, architects, lawyers, tax assessors, register of deeds and educators.

F. Membership - This committee shall consist of the Past President and all chapter Presidents and is charged with investigations of prospective members, making recommendations to the Board of Directors concerning prospective members, establishing programs to increase membership; and with monitoring the maintenance of membership cards. The Past President shall be Chairman of this Committee.

G. Education - This committee may consist of three members, one being the President Elect, and is charged with establishing credit courses of area colleges, a fundraiser for the Tennessee Surveying Education Foundation, Inc. and correspondence courses as appropriate, and with organizing and supervising Student Chapters. The President Elect shall be the Chairman of this Committee.

H. Long Range Planning - This committee shall consist of five members and is charged with developing goals for TAPS to be achieved at five years, and for developing programs to achieve those goals. The President shall consult with this committee in the formulation of proposed plan.

I. Constitution and Bylaws - This committee shall consist of three members and is charged with monitoring the effectiveness of the constitution and Bylaws, receiving suggestions for revision, writing proposed revisions, and making recommendations to the Board of Directors.

J. Executive Committee - This committee is charged with assisting the President in the continuing operations of TAPS, offering advice and counsel, and carrying out the directions of the President. This committee is composed of all of the Officers of TAPS.

K. Scholarship Committee - This committee is charged with the implementing and administering in connection with the Board of Directors of the Crouch/TAPS/Fulton Scholarship Program.

L. Newsletter - This committee shall coordinate with TAPS office to provide timely and informative articles that would be of interest to TAPS membership. Expand advertising base and continually seek methods to improve the newsletter.

M. Conference - This Committee is charged with arranging professional development seminars, technology exhibition, land surveyors exam review workshop, CST certification, for TAPS for the spring conference, and if the Board approves for the fall meeting. The committee shall coordinate with TAPS office and the Education Committee to plan and implement the fall business meeting and spring conference.

N. Historical. This committee shall maintain the surveying history in TAPS, represent TAPS at various functions relating to the history of land surveying in Tennessee and surrounding states. Investigate and report on items and significant events past and present that have affected TAPS, the profession of land surveying or its history. Work with various media outlets in events that progress the public understanding of the significance of land surveying and the profession's role in the development of the state of Tennessee and the United States.

O. Insurance. This committee shall consist of three members, one being the Secretary/Treasurer and is charged with monitoring TAPS sponsored group insurance programs, making recommendations to the Board of Directors concerning maintenance and modifications of all insurance programs for the members.

P.Nominating. This committee shall consist of the Chapter President and Chapter Directors and shall be charged with bringing names of eligible nominees from their Chapter to the Annual Spring Meeting for the purpose of elections.

Each committee chairman shall file an end of year report for review by the Board of Directors at the Fall Meeting. These reports shall be included in the Association minutes and must be submitted to the Executive Secretary at least 30 days before the Fall Meeting. This report will be passed to each successive committee chairman. The charges of all standing committees shall be defined in the TAPS Bylaws and shall be updated from time to time as deemed necessary by the Board of Directors.

Section 4. Term of Office - The term of a committee member shall be determined by the number of designated members of the committee. With the exception of the Membership, Budget, and Executive Committees, the President may appoint annually one new member on each standing committee. ______________________________________________________________________________________ ARTICLE X - PROFESSIONAL ETHICS

Section 1. The Board shall adopt a Code of Ethics to be made a part of the Bylaws by addendum.

Section 2. The Code of Ethics will be used as a basis for judging any alleged misconduct on the part of TAPS members.

Section 3. Each member shall agree to abide by the Constitution, Bylaws, and the Code of Ethics.

Section 4. The Code of Ethics shall in no way conflict with NSPS.

Code Of Ethics

I. Land Surveyors shall hold paramount the safety, health, and welfare of the general public in the performance of their professional duties.

a. Land surveyors shall recognize that the safety, health and welfare of the general public are dependent upon surveying judgments, decisions and practices incorporated into the field of land surveying. b. Land surveyors shall not approve or seal plats that are not in conformity with accepted surveying standards. c. Should the Surveyors' professional judgment be overruled under circumstances where the safety, health and welfare of the public are endangered, the Surveyors shall inform their clients or employers of the possible consequences and notify other proper authority of the situation, as may be appropriate. d. Should Surveyors have knowledge or reason to believe that another person or firm may be in violation of any of the provisions of these guidelines, they shall present such information to the proper authority in writing and shall cooperate with the proper authority by furnishing such further information or assistance as may be required. e. Surveyors should seek opportunities to be of constructive service in civic affairs and work for the advancement of the safety, health, and well being of their communities. f. Surveyors should be committed to improving the environment to enhance the quality of life for all.

II. Land Surveyors shall perform services only in areas of their competence.

a. Surveyors shall undertake to perform engineering assignments as allowed by law only when qualified by education or experience in the technical field of surveying involved. b. Surveyors may accept an assignment requiring education or experience outside of their own fields of competence, provided their services are restricted to those areas in which they are qualified and that qualified associates, consultants, or others shall perform the balance of such project. c. Surveyors shall not affix their signatures and/or seals to any surveying plat or document dealing with subject matter in which they lack competence by virtue of education or experience.

III. Land Surveyors shall issue statements only in an objective and truthful manner.

a. Surveyors should endeavor to extend the public knowledge of surveying, and shall not participate in the dissemination of untrue, unfair or exaggerated statements regarding surveying. b. Surveyors shall be completely objective and truthful in all professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements or testimony. c. Surveyors, when serving as expert or technical witness before any court, commission, or other tribunal, shall express a surveying opinion only when it is founded upon adequate knowledge of the fact in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of their testimony. d. Surveyors shall issue no statements, criticisms, or arguments on surveying matters which are inspired or paid for by an interested party, or parties, unless they have prefaced their comments by explicitly identifying themselves, by disclosing the identities of the party or parties on whose behalf they are speaking, and by revealing the existence of any pecuniary interest they may have in the matter. e. Surveyors shall be dignified and modest in explaining their work and merit, and will avoid any act tending to promote their own interests at the expense of the integrity, honor and dignity of the profession.

IV. Land Surveyors shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest. a. Surveyors shall avoid all known conflicts of interest with their employers or clients and shall promptly inform their employers or clients of any business association, interests, or circumstances that could influence their judgment or the quality of their services. b. Surveyors shall not knowingly undertake any assignments that would create a potential conflict of interest between themselves and their clients or employers. c. Surveyors shall not accept compensation, financial or otherwise, from more than one party for services on the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties. d. When in public service as members, advisors, or employees of a governmental body or department, Surveyors shall not participate in considerations or actions with respect to services solicited or provided by them or their organization. e. Any TAPS board member who is aware of a potential conflict of interest with respect to any matter coming before the board shall not participate in the discussion of, or vote in connection with the matter, until the conflict is disclosed to the full board and other board members have voted to allow his/her participation. f. When, as a result of their studies, Surveyors believe a project will not be successful, they shall so advise their employer or client. g. Surveyors shall treat information coming to them in the course of their assignments as confidential, and shall not use such information as a means of making personal profits if such action is adverse to the interests of their clients, employers or the public. h. Surveyors shall admit and accept their own errors when proved wrong and refrain from distorting or altering the facts to justify their decisions. i. Surveyors shall not accept professional employment outside of their regular work or interest without the knowledge of their employers. j. Surveyors shall not attempt to attract an employee from another employer by false or misleading representation.

V. Land Surveyors shall build professional reputation on the merit of their service and shall not compete unfairly with others.

a. Surveyors shall not give, solicit or receive either directly or indirectly, any commission, political contribution, gift or other consideration in order to secure work, exclusive of securing salaried positions through employment agencies. b. Surveyors should negotiate contracts for services fairly and only on the demonstrated competence and qualifications for the type of service required. c. Surveyors should negotiate a method and rate of compensation commensurate with the agreed upon scope of service. The cost of surveying services is to be fair and reasonable, but not the controlling consideration in selection of individuals or firms to provide these services. d. Surveyors shall not falsify or permit misrepresentation of their, or their associates, academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or their past accomplishments with the intent and purpose of enhancing their qualifications and work. e. Surveyors may prepare articles for the lay or technical press which are factual, dignified and free from ostentatious or laudatory implications. Such articles shall not imply other than their direct participation in the work unless credit is given to others for their portion of the work. f. Surveyors may advertise for recruitment of personnel in appropriate publications or by special distribution. The information presented must be displayed in a dignified manner, restricted to firm name, address, telephone number, appropriate symbol, names of principal participants, the field of practice in which the firm is qualified and factual descriptions of positions available, qualifications required and benefits available. g. Surveyors shall not maliciously or falsely, directly or indirectly, injure the reputation, prospects, practice or employment of another surveyor nor shall they indiscriminately criticize another work. h. Surveyors shall not use equipment, supplies, laboratory nor office facilities of their employers to carry on outside private practice without consent and appropriate compensation.

VI. Land Surveyors shall strive to promote the Land Surveying profession thru the education of the education of themselves, their employees and the public. a. Surveyors should keep current in their specialty fields by engaging in professional practice, participating in continuing education courses, reading in the technical literature, and attending professional meetings and seminars. b. Surveyors should encourage their surveying employees to further their education. c. Surveyors should encourage their surveying employees to become registered at the earliest possible date. d. Surveyors should encourage surveying employees to attend and present papers at professional and technical society meetings. e. Surveyors shall give proper credit for surveying work to those to whom credit is due, and recognize the proprietary interest of others. Whenever possible, they shall name the person or persons who are responsible for the accomplishments. f. Surveyors should support the professional and technical societies of their disciplines. g. Surveyors shall provide prospective surveying employees with information on working conditions and proposed employment status, and upon employment shall keep them informed of any changes. ______________________________________________________________________________________ ARTICLE XI - DISCIPLINARY PROCEEDING AND PENALTIES

Section 1. Charges may be filed concerning violations of the Code of Ethics or the laws governing the Profession of Land Surveying by anyone having factual knowledge; charges concerning the Constitution and Bylaws shall be filed by a member in good standing. Such charges shall be filed with the Chairman of the Ethics Committee of the State association or of a chapter.

Section 2. An initial informal investigation shall be made by the chapter concerned. Recommendations will be made to the Ethics Committee. The Ethics Committee shall conduct a formal investigation if they deem it advisable and recommend whether or not a hearing is warranted.

Section 3. Hearings will be conducted and a decision rendered by the Executive Committee.

Section 4. The accused shall have the right to appeal the decision of the Executive Committee to the Board of Directors. Any member of the Board who served earlier on the Executive Committee that heard the case shall not participate in the appeal proceeding.

Section 5. A two-thirds majority of the Executive Committee, or the Board of Directors in an appeal, shall be necessary to sustain a charge. Penalties shall be determined by a majority vote.

Section 6. The Board shall adopt and publish a policy and procedures to govern the review and disposition of such charges. The procedures shall provide for due process, representation by counsel, cooperation and exchange of information with State Board of Examiners, to keep records for use of Advisory Council by the Association or for cooperation with other states or NSPS. _______________________________________________________________________________________ ARTICLE XII - BUDGET

Section 1. The Budget and Finance Committee shall prepare a budget for consideration by the Board. The proposed budget complete with details of any proposed new programs requiring funding shall be submitted to the Headquarters Office at least forty-five (45) days prior to the Board Meeting at which annual dues will be set. Submitted new programs from committee shall include estimated total cost and estimated cost per member.

Section 2. Copies of the budget proposed shall be mailed to the members of the Board and Chapter Presidents at least thirty (30) days prior to the meeting of the Board. ______________________________________________________________________________________ ARTICLE XIII - CHAPTERS

Section 1. Chapters shall elect a President, Vice President, or President Elect, Secretary/Treasurer, or Secretary and Treasurer, two (2) State Directors and such other Officers as the Chapter may see fit. It is recommended that one of the two (2) State Directors be the Chapter President for that term of office.

Section 2. The Chapter Secretary shall maintain a roster of dues paying members, minutes of all chapter meetings and records of chapter activities. All minutes shall be sent to the Executive Secretary no later than thirty (30) days after Chapter Meetings. All other information shall be kept and furnished to the Executive Secretary and Board of Directors upon request.

Section 3. Each Chapter Secretary shall assure that the TAPS Office has on file a current copy of the Chapter Bylaws.

Section 4. Any Chapter whose membership becomes less than ten (10) dues paying members shall be reviewed by the Board and given assistance in renewing its membership. Any Chapter with five (5) members or less is subject to being dissolved.

Section 5. Each Chapter shall have a minimum of four (4) meetings per year.

Section 6. Chapter Elections shall be held so as to allow for a list of new Officers and Directors to be provided at least thirty (30) days prior to Annual Fall Meeting.

Section 7. Each Chapter Secretary shall submit to the Executive Secretary by December 10, annually, a roster of membership.

Section 8. Fifteen (15) members will be required to form a new Chapter. When the membership drops below ten (10), but remains above five (5), the Chapter will lose one (1) voting Director on the Board of Directors. When the membership drops below five (5), the Chapter will lose both voting Directors on the Board of Directors. Also, the Chapter is subject to being dissolved and will be given a one (1) year grace period to improve its membership prior to any action being taken.


1) Chapters in the Grand Division of which there is a vacancy will be asked for nominations. These persons will be asked for a resume. 2) The nominees will be asked to appear before a meeting of TAPS Board of Directors for a question and answer session. 3) The Directors will then vote by paper ballot and the three (3) persons receiving the most votes will have their names recommended to the Governor for appointment.

Section 10. Chapter Relationship with Association. Chapters are associations or organizations that are part of the Association. Chapters are permitted to use the name of the Association in connection with the Chapter's name, to acknowledge affiliation with the Association and to use the logo of the Association in connection with their own name. A Chapter may maintain its own bank account(s) and shall keep its financial affairs separate and apart from those of the Association. Except as provided in the Constitution, the Association does not control the operations or activities of Chapters. Chapters may set their own dues for their members and may establish and direct their own programs and activities independently of the Association. _______________________________________________________________________________________ ARTICLE XIV - MEMBERSHIP

Section 1. Each person desiring membership in TAPS shall make application for the class desired on a standard form and shall present all supporting evidence required. The membership Committee shall examine the documents, check the references and if deemed to be eligible, make the recommendations to the Board for acceptance. The approved applicants will be added to the State membership roll and the Chapter notified. _____________________________________________________________________________________ Anti-Trust Statement

The Tennessee Association of Professional Surveyors is a not-for profit organization. The Association is not organized to and shall not play any role in the competitive decisions of its members or their employees, nor in any way restrict competition among members or potential members. Rather it serves as a forum for a free and open discussion of diverse opinions without in any way attempting to encourage or sanction any particular business practice.

The Association provides a forum for exchange of ideas in a variety of settings including its annual meeting, educational programs, committee meetings and Board meetings. The Board of Directors recognizes the possibility that these activities could be viewed by some as an opportunity for anti-competitive conduct. Therefore, this policy statement clearly and unequivocally supports the policy of competition to comply strictly in all respects with all laws.

While recognizing the importance of the principle of competition served by the antitrust laws, the Association also recognizes the severity of the potential penalties that might be imposed on not only the Association but its members as well in the event that certain conduct is found to violate the antitrust laws. Should the Association or its members be involved in any violation of federal/state antitrust laws, such violation can involve both civil and criminal penalties that may include imprisonment as well as fines up plus attorney fees. In addition damage claims awarded to private parties in a civil suit are tripled for antitrust violations. Given the severity of such penalties, the Board intends to take all necessary and proper measures to ensure that violations of the antitrust laws do not occur.

In order to ensure that the Tennessee Association of Professional Surveyors and its members comply with antitrust laws, the following principles will be observed:

Do NOT discuss prices, fees or rates, or features that can impact (raise, lower or stabilize) prices such as discounts, costs, terms and conditions of sale, warranties or profit margins. Note that price fixing may be inferred by involvement in price related discussions-whether or not an agreement was made among competitors. Do NOT agree with competitors to uniform terms of sale, warranties or contract provisions. Do NOT exchange data concerning fees, prices, production, sales, bids, costs, customers' credit, or other business practices unless the exchange is pursuant to a well-considered plan approved by legal counsel. Do NOT agree with competitors to divide up customers, markets or territories. Do NOT agree with competitors not to deal with certain suppliers or others. Do NOT try to prevent a supplier from selling to your competitor(s). Do NOT discuss your customers with your competitors. Do NOT agree to any membership restrictions, standard setting, accreditation,certification, or self-regulation programs without the restrictions or programs having been approved by association's legal counsel. DO insist that meeting minutes properly reflect the actions taken at the meeting. DO insist on leaving any meeting (formal or informal) where improper discussions are held that might border on antitrust violations. Tell everyone why you are leaving. DO ensure that staff sends out all correspondence and that officers, directors, committee members, or other members do not hold themselves out as speaking or acting with authority when they do not, in fact, have such authority. DO ensure that if questions arise about legal aspects or your own individual responsibilities under the antitrust laws, you seek advice and counsel from your own counsel or from the staff and counsel of the association. Revised April 2010 Revised May 2015