Bylaws:

The organization is formed exclusively for charitable, scientific and educational purposes; and to improve and elevate the quality, integrity and public image of the practice of forensic engineering and related sciences.

Bylaws of the Society of Forensic Engineers & Scientists
A California Public Benefit Corporation

The role of the Engineer and Scientist in formulating opinions relative to evidence, which otherwise stands mute before the bar of justice, significantly affects the administration of justice. Fully qualified Engineers and Scientists, who are knowledgeable in applications of their work to legal problems, stand prepared to give voice to this otherwise mute evidence.

Recognizing that their professional disciplines have applications in investigations, law and the justice system, and that this requires distinct additional knowledge, a group of skilled and ethical engineers and scientists met together to form a professional organization in order to implement the interchange of information concerning methods, development of standards, and the furtherance of experimental research.

SECTION 1: NAME
The name of this organization is THE SOCIETY OF FORENSIC ENGINEERS AND SCIENTISTS, herein referred to as SFES or the Society. It is incorporated as a non-profit Corporation in the State of California.

SECTION 2: STATEMENT OF PURPOSE
The organization is formed exclusively for charitable, scientific and educational purposes; and to improve and elevate the quality, integrity and public image of the practice of forensic engineering and related sciences within the meaning of Section 501(c)3, Internal Revenue Code of 1954. To accomplish these purposes, the members of this Society pledge themselves to the following objective:

2.1  To promote, encourage and maintain the highest possible professional level of standards of practice and ethics in the field of forensic science.

2.2  To actively promote the exchange of information at the practitioner level in the western United States through the conduct of educational seminars.

2.3  Through discussion and demonstration, to stimulate experimental research and the review of new products that are related to the forensic science field, and to encourage the compilation for the membership of published experimental experience data of value in the forensic science fields, and to encourage the use of industry standards, improved testing procedures and methods of presentation of conclusions.

2.4  To promote recognition among scientific, engineering, and legal professions of the practice of forensic engineering and related sciences as an important phase of jurisprudence.

2.5  To promote excellence among forensic science professionals.

2.6  To encourage qualifications and standards of practice for professional engineers and scientists who practice forensic engineering and related forensic science discipline.

2.7  To disseminate information to the legal profession concerning qualifications for consultants in engineering and related forensic science disciplines.

2.8  To encourage the recognition of this Society and its purposes among other societies and community organizations.

2.9  To lend assistance, whenever possible, in the formulation of college curricula and law enforcement programs that are pertinent to forensic engineering and related sciences.

2.10  To promote professional ethics to forensic engineers and scientists among members of the Society.

2.11  To work in unison with national and international professional societies in the fields of forensic engineering and sciences common purposes.

SECTION 1: ORGANIZATION
The society shall be operated as a “not for profit” organization with its registered corporate office of the business at the address of the Secretary of the Society in the State of California. Executive headquarters and business offices may be established in such cities of the State of California as the BOARD may from time to time determine.

SECTION 2: FINANCIAL OPERATION
The operations of the Society shall be funded by members through initiation fees, dues, assessments and Seminar fees, the amounts and schedule of which will be established by the BOARD, and promulgated to the membership.

2.1  Funds may be received from donors for endowments and such will be placed in a separate trust account, to be administered by the BOARD.

2.2  The Society is not organized nor will it be operated for pecuniary profit, and shall not declare or make dividends or other financial distribution to its members, except that the Society shall be authorized to reimburse cost that are advanced and to make payments and distributions in furtherance of the purposes set forth in ARTICLE 1.

2.3  The fiscal year of the Society shall be from January 1 to December 31.

SECTION 3: DUES
Except for Emeritus members, an annual dues assessment will be due and payable on or before January 1 of each calendar year. Dues become delinquent if not paid within sixty (60) days of the due date. The member will be notified of the delinquency in writing and allowed thirty (30) days to bring the dues payment current.

SECTION 4: NON-LIABILITY OF DIRECTORS AND MEMBERS
The directors and other members shall not be personally liable for debts, liabilities, or other obligations of the Society.

SECTION 1: ELIGIBILITY FOR MEMBERSHIP
SFES Membership is limited to persons possessing appropriate education, training, experience, knowledge, and character. At the discretion of the Board of Directors, individuals in the following two categories, who meet the stated criteria, are eligible to be considered for membership in the Society.

1.1  Engineering of Science Degree Holders:

1.1.1  hold an earned, advanced degree in engineering or science from an accredited college or university program:

1.1.2  have been actively engaged, for a significant period of time, in the application of their area(s) or engineering or science in matters before courts of law or related proceedings:

1.1.3  have demonstrated competent and professional conduct in all their area(s) of expertise:

1.1.4  perform their work objectively and ethically:

1.1.5  provide recognized, expert testimony within judicial system:

1.2  Technical Experts:

1.2.1  individuals who (1) possess exceptional qualifications (2) have many years of experience in their area of expertise (3) perform self-directed work requiring a college-level degree or its equivalent, in technology, engineering, or science (4) demonstrate full knowledge of the laws of science applied to their area of expertise:

1.2.2  meet the requirements of Items 1.1.3 through 1.1.5.

SECTION 2: CLASSES OF MEMBERSHIP
There shall be two classes of membership in the SFES.

2.1  MEMBER

2.2  EMERITUS MEMBER

SECTION 3: QUALIFICATION FOR MEMBERSHIP
When used herein “member” shall imply any Membership classification under the following definitions:

3.1  MEMBER – member who qualifies in accordance with ARTICLE III, Section4.

3.2  EMERITUS MEMBER – a member who is retired from professional practice, has completed five years as a member and who applies for EMERITUS status.

SECTION 4: APPLICATION REQUIREMENTS
Applicants seeking membership are required to complete application procedures established by the BOARD and pay application fee. The procedures and fee amount shall be available in writing to applicants.

At the completion of the procedures, applicants accepted by the BOARD shall be approved as a MEMBER by two-thirds of the members who vote in a manner prescribed by the BOARD, and pay prorated dues based upon the remaining fiscal year.

SECTION 5: BOARD ACTIONS
Applications for EMERITUS status shall be submitted by memorandum to the BOARD for necessary action within 120 days. Decisions by the BOARD on applications for any membership status are final when decided by the BOARD.

SECTION 6: ELIGIBILITY TO HOLD OFFICE
All members except EMERITUS shall be eligible to hold any SFES elective office or to serve as an appointed member of the BOARD.

SECTION 7: MEMBER DISCIPLINE
Any member who has been determined by action of the BOARD to have violated ethical professional standards may be subject to censure, suspension or termination.

SECTION 8: TERMINATION OF MEMBERSHIP
Termination procedures are as follows:

8.1  Termination Upon Request of member: A member may terminate membership in the Society by a written request directed to the President of the Society. Any member who resigns while ethics charges are pending against the member, shall be excluded from future membership.

8.2  Termination for Failure to Pay Dues: Membership may be automatically terminated upon failure to pay annual dues as prescribed by the BOARD, or to pay a regular assessment prescribed by the BOARD.

8.3  Termination for Cause: A member may be suspended or terminated from the Society for unethical conduct, conduct detrimental to the profession of forensic science, conduct detrimental to the welfare of the Society, or lack of participation.

8.4  The President shall inform the membership of all terminations.

SECTION 1: MEETINGS OF THE MEMBERSHIP
Except as otherwise provided, meetings shall be held as directed by the BOARD. Educational Seminars may be held jointly with all regularly scheduled meetings.

SECTION 2: ANNUAL MEETING
Notice of the ANNUAL MEETING of the membership shall be given in writing to the membership qualified to vote by the Secretary in a manner prescribed by the BOARD to each member not less than 30 days before such meeting. The notice shall include the following information:

2.1  The date, time and place of the meeting.

2.2  The agenda of the meeting specifying any items of business to be conducted that will require a vote of the general membership of the Society.

2.3  The quorum shall consists of 20 members who are qualified to vote.

SECTION 3: GENERAL MEMBERSHIP BUSINESS MEETING
General membership business meetings may be held on a regular basis in conjunction with scheduled Seminars beginning with the year 1996. Officers, except the Immediate Past-President, will be nominated every three years to serve three year terms by election. The nominations will be presented at the first meeting that occurs after the first day of July of the election year. This meeting is defined as the ANNUAL MEETING. Following nominations at this meeting, the full membership of qualified voters will be polled in a manner prescribed by the BOARD to vote on nominees. Elected persons will be installed in the office at the next regular business meeting.

SECTION 4: SPECIAL MEETING
Special meetings of the membership may be at any time for any lawful purpose by:

4.1  The President or any three members of the BOARD.

4.2  A quorum shall consist of 20 members who are qualified to vote.

4.3  Notice of special meetings of the membership, stating the item, and, in general terms, the purpose or purposes thereof, shall be mailed by the Secretary in a manner prescribed by the BOARD to each member entitled to vote, at least fifteen days prior to the date of the special meeting.

SECTION 5: CALLING TO ORDER OF MEETING
The President, or in absence, the Vice-President, or in the absence of the President and the Vice-President, the Immediate Past President shall call the meetings of the members to order, and shall act as the presiding officer thereof.

SECTION 6: SECRETARY OF MEETING
The Secretary of the Society shall act as Secretary of all meetings of the members and in absence the presiding officer may appoint any person to act as Secretary of that meeting.

SECTION 7: ADJOURNMENT OF MEETING
Any regular or called meeting of the membership may adjourn from day- to-day, or from time-to-time without further notice, if for any reason there may not be present a quorum to transact business, in person or by proxy, such adjournment and the reasons therefore being recorded in the minutes of the proceedings of the members. When a quorum shall attend, any business may be transacted that might have been transacted any meeting had the same been held on the day on which they same was originally appointed or called.

SECTION 8:VOTING
All voting will be done in confidential manner. Members qualified to vote will be given at least twenty-one days to return the ballots from the time of the sending to the time of ballot counting.

SECTION 9: VOTING BY PROXY
All proxies must be in writing, dated and executed by the qualified members themselves or by their duly authorized agents and must be filed with the Secretary of the Society at or before the meeting of the members.

SECTION 10: VOTING AT MEETINGS
At any meeting at which the number of members present, in person or by any proxy, is less than one-half of the number of the members of the Society, no matters requiring a general vote of the membership of the Society can be voted upon, unless such matters were specifically contained in the agenda of the meeting sent to the membership pursuant to ARTICLED III, Section 2.2 and 2.3.

SECTION l: MANAGEMENT
Except for those matters expressly reserved to the members by statute, the Articles of Incorporation, or these Bylaws, the business affairs of the Society shall be managed by a BOARD of Directors consisting of a President, Immediate Past-President, Vice President, Secretary, Treasurer, Membership Chairman, and Ethics Chairman. Former presidents of the organization are ex- officio, non voting members of the BOARD.

SECTION 2:BOARD MEETINGS
The BOARD shall meet when called by the President, or on the order of two or more Directors.

SECTION 3:QUORUM
A quorum of the BOARD shall consist of at least four members.

SECTION 4: VACANCY IN OFFICE
Any vacancy occurring in the office of a Director by reason of death, resignation, recall or otherwise, except vacancies caused by removal of the BOARD pursuant to the provisions of Section 310 of the Civil Code of the State of California, shall be filed as prescribed.

4.1  A vacancy in the office of the president will be filled by the Vice-President, who will serve the remainder of the vacated term.

4.2  Other vacancies in the officership shall be filled by an appointee of the majority of the remaining officers. Such appointee shall hold office during the remainder of the term of that office until a successor is elected at the next appropriate annual meeting of the members.

SECTION 5: ELECTION OF OFFICERS
All of the officer of the Society shall be elected by ballot as describes in ARTICLES 1V, SECTION 8.

SECTION 6:RECALL OF OFFICERS
Any officer may be recalled for nonfeasance, misfeasance or malfeasance of office by three-fourths vote of a constituted quorum of the membership attending a business meeting of the Society.

6.1  Any member qualified to vote may initiate a recall election by presenting, at any meeting of the BOARD, a petition stating the reason(s) for recall signed by twenty members of the Society eligible to vote and an affidavit certifying that a copy of the petition was served personally or by certified mail on the officer sought to be recalled.

6.2  The BOARD shall vote to accept the affidavit of notification and the signatures on the petition. Finding a petition in order, the BOARD shall conduct the recall election by balloting in a manner prescribed by the BOARD.

SECTION 7: CONDUCT OF MEETINGS
Meetings of the BOARD shall be presided over the President of the Society, of if absent, by the Vice-President of the Society. In the absence of ease of these persons, by a Chairman chosen by a majority of the BOARD members present at the meeting. The Secretary of the Society shall act as a secretary of all meetings of the BOARD, provided that, in absence, the presiding officer shall appoint another person act as Secretary of the meeting.

SECTION 8:ACTION BY UNANINOUS WRITTEN CONSENT WITHOUT MEETING
Any action required or permitted to be taken by the BOARD under any provision of lay may be taken without a meeting, if all members of the BOARD shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the BOARD. Such action by written consent shall have the same force and effect as the unanimous vote of the directors. Any certificate or other document filed under any provision of law that relates to action so taken shall state that the action was taken by unanimous written consent of the BOARD without meeting and that the Bylaws of this Society authorize the directors to so act, and such statement shall be prima facie evidence to such authority.

SECTION 9: MANAGEMENT ASSISTANCE
The services of contractors may be obtained to assist officers in carrying out their duties and responsibilities.

9.1  Members and their families are prohibited from being employed within such a service.

9.2  Such services will be arranged by contract and not by an employer- employee arrangement.

9.3  Such services shall be of an administrative support capacity and not in the capacity of executive management.

SECTION 10: BORROWING MONEY
The Board shall have full power and authority to borrow money on behalf of the Society, including the power and authority to borrow money from any of the members, directors, or officers of the Society, and otherwise to incur indebtedness or behalf of the Society, and to authorize the execution of promissory notes, or other evidence of indebtedness on behalf of the Society, and to agree to pay interests thereon to sell, convey, alienate, transfer, assign, exchange, lease, and otherwise dispose of mortgage, pledge, hypothecate and otherwise encumber the property, real and personal, and the franchises of the Society to purchase, lease and otherwise acquire property, real and personal on behalf of the Society, and generally to do and perform, or cause to be done and performed and every act which the Society may lawfully do and performs.

SECTION 1: DUTIES AND POWERS

The President shall be the chief executive officer of the Society and shall, subject to the control of the BOARD, supervise and control the affairs of the Society and activities of the officers. All duties incident to the office shall be performed and other duties as may be required by law, by the Articles of Incorporation of this Society, or by these Bylaws, or which may be prescribed from time to time by the BOARD.

1.1  The President shall preside at all meetings of the members. In the absence of the President, the Vice-president shall preside, except as otherwise expressly provided.

1.2  In the name of the Society, the President may execute such deeds, mortgages, bonds, contracts, checks, other instruments that may from time to time be authorized by the BOARD.

1.3  The President shall also have such other powers and shall perform such other duties as may be assigned by the BOARD.

SECTION 1: DUTIES AND POWERS
The Vice-President shall:

1.1  In the event of the absence or disability of the President, be vested with all the powers and shall perform all the duties of the President.

1.2  Serve as executive officer for the President.

1.3  Have the responsibility to supervise and coordinate the planning, organization and execution of Seminars.

1.4  Also have such other powers and shall perform such duties as may be assigned by the BOARD.

SECTION 1: DUTIES
The Secretary shall:

1.1  Certify and keep the original of these Bylaws, as amended to date, at the principal office of the Society.

1.2  Keep at the principal office of the Society, or at such other place as the Board may determine, a book of minutes of all meetings of the Directors; and, if applicable, meetings of the Committees of the Directors and of members, recording therein the time and place of holding whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. Minutes are to be prepared and available to the Directors and to members on request within 15 days of the meeting.

1.3  See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law.

1.4  Be custodian of records and of the Seal of the Society and see that the Seal is affixed to all duly executed documents, the execution of which on behalf of the Society under its seal is authorized by law or by these Bylaws.

1.5  Keep a membership roster containing the name and address of each and all members at the principal office of the Society; and, in the case where any membership has been terminated, record such fact together with the date on which such membership ceased.

1.6  At all reasonable times exhibit the roster, Bylaws and minutes of the proceedings of the BOARD to any Director of the Society, or agent upon request therefore.

1.7  In general, perform all duties incident to the office of the Secretary and such other duties as may be required by law, by the Articles of Incorporation of this Society, or that may be assigned from time to time by the BOARD.

SECTION 1: DUTIES
The treasurer shall receive and safely keep all funds of the Society and deposit same in such bank or banks as may be designated by the BOARD. Such funds shall be paid out only on the check of the Society as directed by the BOARD. Subject to the provisions of these Bylaws relating to the Execution of Instruments, Deposits and Funds, the Treasurer shall:

1.1  Have charge and custody of, and be responsible for a, all funds and securities of the Society in such banks, trust companies, or other depositories as shall be selected by the BOARD.

1.2  Receive, and give receipt for, monies due and payable to Society from any source whatsoever.

1.3  After approval of two directors, disburse, or cause to be disbursed, in a timely manner, the funds of the Society as may be directed by the Board, taking proper vouchers for such disbursements.

1.4  By standards of accounting on a monthly basis, keep and maintain adequate correct accounts of the Society’s properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses.

1.5  Quarterly and all other reasonable times, exhibit the books of account and financial records to any Director or agent or attorney, on request therefore.

1.6  Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports.

1.7  In general, perform all duties incident to the office of the Treasurer and such other duties as may be required by law, by the Article of Incorporation or by these Bylaws, or which may be assigned from time to time by the Board.

1.8  Provide fiscal recommendations to the BOARD, and financial forecasts, necessary to avert corporate indebtedness.

SECTION 1: SEMINARS
The primary means of achieving the purpose and benefits of the Society is for the members to communicate by means of educational Seminars, which will be scheduled several times annually. Program topics will include tutorials, reports of experimental research, results, discussions of typical casework experiences and updates in new technology, etc.

SECTION 1: CODE OF ETHICS
An Ethics Committee shall be appointed by the President. This committee shall prepare a Code of Ethics that shall become effective following discussion by the membership at two meetings at which a quorum is present and approval in a ballot sent in a manner prescribed by the BOARD by a majority of members qualified to vote. Until such times as this Code of Ethics is so approved, the Code of Ethics of the preexisting Society of Forensic Engineers and Scientists shall be in force and binding in its provisions upon all member of the new organization.

SECTION 1: PROHIBITION AGAINST SHARING CORPORATE FUNDS AND ASSETS
No member, employee, family member or other person connected with the Society, or any private individual, shall at any time receive any of the net earnings or pecuniary profit from the operations of the Society, and no such person or persons, shall share in the distribution of, and shall not receive, any of the corporate assets on dissolution of the Society. However, this provision shall not prevent payment to any person for reasonable reimbursement for costs advanced for payment of expenses and contractual services performed for the Society in affecting any of its public or charitable purposes.

SECTION 2: DISSOLUTION
All members of the Society shall be deemed to have expressly consented and agreed that upon dissolution or winding up of the affairs of the Society, whether voluntarily or involuntarily, after all debts have been satisfied the assets of the Society shall be distributed as required by the Articles of Incorporation of this Society and not otherwise.

SECTION 1: LOGO
The SFES official logo is prohibited from use in personal business and shall be controlled by the BOARD.

SECTION 2: ROSTER
The SFES Roster is restricted to access by members only and is controlled by the BOARD.

SECTION 1: CREATION AND CHANGING OF AMENDMENTS
Amendments of these Bylaws may be proposed at any meeting of the BOARD or of the Society. To become effective they must receive a three-fourths affirmative vote of the members who vote in a manner prescribed by the BOARD, when all of the members are polled in a in a manner prescribed by the BOARD. Members must receive notice of proposed changes not less than thirty days prior to the vote.

SECTION 1: GOVERNING RULES
Meetings shall be governed by the most recent version of Robert’s Rules of Order, insofar as such rules are not consistent with or in conflict with these Bylaws, with the Articles of Incorporation of this Corporation or with provisions of law. A Parliamentarian and a Sergeant at Arms shall be appointed by the President at each meeting of the Corporation to serve for the period of that meeting.

SECTION 1: ATTAINMENT OF SEAL
The BOARD shall provide a suitable seal for the Society, which shall be in a circular form, and which shall contain the following inscription:

THE SOCIETY OF FORENSIC ENGINEERS AND SCIENTISTS
May 30, 1996
California

THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE BYLAWS OF THE SOCIETY OF FORENSIC ENGINEERS AND SCIENTISTS, AND THAT SUCH BYLAWS WERE DULY REVISED EFFECTIVE SEPTEMBER 1, 2009.

DATED: September 1, 2009

Signed: Anastasia D. Micheals
Anastasia D. Micheals, Secretary

 

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