THE DEPUTY U.S. MARSHALS ASSOCIATION





NATIONAL CONSTITUTION AND BYLAWS









ARTICLE I - NAME





This organization shall be known as the Deputy United States Marshals Association, a nonprofit corporation, incorporated under the laws of the State of West Virginia as a nonprofit corporation (the "Association"), and shall operate pursuant to its Articles of Incorporation and these Bylaws.

ARTICLE II - DURATION





The period of duration of the Association shall be perpetual.

ARTICLE III - PURPOSES AND OBJECTIVES





The purposes and objectives for which the Association is organized shall include but not be limited to one or more of the following or similar purposes:

(a) To promote and encourage public awareness and support for the duties and responsibilities of Deputy U.S. Marshals;

(b) To increase the qualifications, professionalism and prestige of the position of the U.S. Marshal. Our goal will be to remove politics from the U.S. Marshals selection process and select the U.S. Marshal from the professional men and women within our agency;

(c) To advance and safeguard the careers, economic interests, conditions of employment and welfare of Deputy U.S. Marshals, in part by providing legal advice and counsel, as specified in the Bylaws and determined by the National Executive Board, and to foster between Deputy U.S. Marshals and their families open communication, cooperation and an esprit de corps;

(d) To establish and maintain an effective legislative liaison to keep Deputy U.S. Marshals abreast of proposed legislation and further the goals of this Association by appropriate nonpartisan legislative activity;

(e) To work toward improving the pay and compensation of Deputy U.S. Marshals to equal those of other federal law enforcement officers;

(f) To help in establishing a truly objective, merit-based promotional system within the U.S. Marshals Service;

(g) To promote comradeship and cooperation between all law enforcement officers, Federal, State, and Local;

(h) To carry on any other lawful activities that will fulfill the stated objectives and goals of the Association.

ARTICLE IV - GENERAL POWERS AND PROHIBITIONS





(a) General Powers. The Association, in furtherance and not in limitation of all the powers conferred upon corporations formed under the State of West Virginia Nonprofit Corporation Act, shall have the power to do everything and anything reasonably and lawfully necessary, proper, suitable or convenient for the achievement of the purposes stated above. The Association may also exercise and enjoy all rights, powers and privileges now or hereafter granted to nonprofit corporations by the State of West Virginia, and any other rights, powers and privileges now or hereafter granted by such corporations by law.

(b) Prohibitions. The Association is not organized for profit, and no part of its net earnings, principal or assets shall inure to the individual benefit of any director, officer, employee or member of the Association or any other agency or individual other than through payments of any benefit, including legal counsel and representation, which may be provided to or for members of the Association from time to time, pursuant to legal representation or other activities, plans or programs established according to procedures set out in these Bylaws; provided however, that this shall not prevent the payment of reasonable authorized expenses, incurred on behalf of the Association, to any member, director, officer or employee.

The Association shall not engage in any activities that are unlawful under the laws of the United States of America, the State of West Virginia, or unlawful in any jurisdiction in which its activities are conducted or to which its activities are subject.

ARTICLE V - MEMBERSHIP





The Association shall have regular, associate and honorary members. Regular members shall have the right to hold office, both in the chapters to which they belong and on a national level, and to vote for officers of the chapters to which they belong, but shall have no other voting rights in the affairs of the Association. Associate members and Honorary members shall not have voting rights in the affairs of the Association. Regular and Associate members shall pay dues on an annual basis. The amount of dues shall be set from time to time by the National Executive Board.

(a) Eligibility for Regular membership: Any person who is currently a U.S. Marshals Service operational employee, including Deputy U.S. Marshals, Supervisory Deputy U.S. Marshals, Chief Deputy U.S. Marshals, U.S. Marshals who have previously served as a Deputy U.S. Marshal, and all U.S. Marshals Service Headquarters personnel who are sworn Deputy U.S. Marshals or other current operational personnel who have previously served as Deputy U.S. Marshals; all these operational employees who submit an application and pay their annual dues are eligible for regular membership.

(b) Eligibility for Associate membership: Any regular member who retires or resigns under honorable conditions, automatically becomes an Associate member for the remainder of the membership year. Such a member who continues to pay annual dues will continue as an Associate member and shall enjoy all rights and privileges of such membership as decided by the National Executive Board. Any other retired or former Deputy U.S. Marshal who submits an application and pays dues as set by the National Executive Board is eligible for an Associate membership.

(c) Eligibility for Honorary membership: Any chapter or any member of the National Executive Board may nominate a person for an Honorary membership that will take effect when the National Executive Board concurs with the nomination, this person shall be deemed an Honorary member of the Association. The National Executive Board must approve all honorary memberships. Honorary members are not assessed dues.

(1) Any question concerning membership eligibility will be decided by the Board. The Board's decision will be final.

(d) Non-discrimination in Selection. The Association shall not discriminate regarding the terms and conditions of membership because of race, sex, color, creed, age or national origin.

(e) Disciplinary Action. Members or applicants may be excluded, expelled or otherwise disciplined by the Association for engaging in conduct that discredits or brings into disrepute the Association or the U.S. Marshals Service. The National Executive Board shall establish procedures to follow in the event disciplinary action is required.

ARTICLE VI - NATIONAL EXECUTIVE BOARD





The Board of Directors, known as the National Executive Board(the Board), will manage the property, affairs, and activities of the Association. The Board shall consist of a President and Regional Directors representing different geographical areas of the United States, its Territories and Possessions. Geographical regions will be decided by the interim National Executive Board. This determination will be subject to later realignments as subsequent Boards deem appropriate. The interim Board will serve until their successors are duly elected and have qualified. Elected members of the Board shall serve for three year terms and shall continue in office until their successors are duly elected and have qualified except Regional Directors must resign if they transfer outside their regions.

(a) Election of the Board. Elections of the National Executive Board shall be held at the Convention. The Committee on Nominations and the Secretary will supervise the elections. Only regular members of the Association who consents to submitting their names to the Convention are eligible for national office.

(b) Duties of the Board. The Board may:

(1) hold meetings at such times and places as it thinks proper;

(2) establish any committees necessary and appropriate for carrying out the purposes of the Association and select members of such committees from the membership of the Board and the Association;

(3) present an annual report to the Association;

(4) subject to paragraph (a) above, appoint officers of the Association;

(5) transact necessary business in the intervals between meetings of the Association and other business as may be referred to it by the annual meeting of the Association; and

(6) devise and carry into execution other measures as it deems proper and expedient to promote the objectives and goals of the Association.

(c) Meetings of the Board. The Board shall hold no fewer than three regular meetings a year at such dates, times and places as it may direct.

(d) Special Meetings. The President may call Special meetings of the Board. The President shall call a special meeting if two Board members requests it. The purpose of any such meeting shall be stated in the notice of the meeting and no other business shall be transacted except that for which the meeting was called.

(e) Notice of Meetings. Notice of each regular and special meeting of the Board shall be given to each Board member at least (3) three days before the meeting. Attendance at the meeting constitutes a waiver of the required notice. Meetings of the Board may be held at any location deemed appropriate by the Board.

(f) Quorum and Vote. Except as provided by applicable law or these Bylaws, a majority of the members of the Board shall constitute a quorum for the transaction of business and the vote of the majority of the members of the Board at any meeting at which a quorum is present shall be the vote of the Board. Minutes of each meeting of the Board shall be made available, upon request, to any member of the Association.

(g) Committees. Committees of two or more members of the Board created by resolution of a majority of the Board shall have and exercise the authority of the Board in the management of the Association to the extent provided in the resolution under which each such committee is created. Other committees may be designated and appointed by resolution of the Board and shall have such duties as provided in the resolution creating them.

The following committees shall be among those created by the Board:

1) Legal Committee. The Board may establish a Legal Committee that shall consist of five (5) regular members of the Association. The legal committee shall from time to time make recommendations to the Board of detailed criteria to be used in determining when the Association provides legal representation to a member. The criteria shall support the objective of furthering the interests of the membership at large and the welfare of the community as a whole.

2) Committee on Nominations. The Board shall appoint a committee of members of the Association that shall establish guidelines for the election of Regional Directors and the President. The guidelines must be approved by the Board and the committee shall thereafter supervise the process by which Board nominations are made.

3) Committee on Elections and Credentials. The Board shall appoint a committee of members of the Association to establish procedures by which field office representatives shall be chosen. Before the Convention, this committee shall forward names of duly authorized field office representatives to the Secretary of the Association.

(h) Meetings by Conference Telephone. Any or all members of the Board or a committee created by the Board may participate in a meeting of the Board, or of the committee, by means of a conference telephone call or by any other means of communication by which all persons participating in the meeting can hear one another. Such participation shall constitute presence in person at the meeting.

(i) Actions Without Meetings. Any action required or allowed to be taken by the Board or by any committee created by the Board may be taken without a meeting if all the members of the Board or the committee consent in writing to the adoption of a resolution authorizing the action. The resolution and a record of the consents thereto by the members of the Board or the committee shall be distributed to the Board or committee members and filed with the minutes of the proceedings of the Board or the committee.

(j) Vacancies and Removal. Vacancies occurring during the term of the Board shall be filled from the Regular membership of the Association by the affirmative vote of the majority of the then members of the Board. A vacancy in the position of Regional Director shall be filled by the Board from the Regular membership in the particular region. Each such appointment shall remain in effect until the election of the Regional Director at the next Convention of the Association. Any member of the Board may be removed for cause by a vote of four fifths (4/5) of the entire Board.

ARTICLE VII - DUTIES OF THE OFFICERS





(a) President. The President shall be the chief executive officer of the Association having general supervision of the affairs of the Association and over its officers. The President shall have authority to hire such employees as the Board finds necessary, and to appoint assistants to officers of the Association. The President shall preside at all meetings of the members and of the Board at which the President shall be present. The President shall be an ex-officio member of any committee established by the Board, except as otherwise provided by these Bylaws or by resolution of the Board. The President shall have power on behalf of the Association to execute all deeds and other agreements and formal instruments. All of these powers shall be subject to the ultimate authority of the Board.

(b) Vice President. The Vice President may be appointed by the Board from among its members to discharge the duties and responsibilities of the President in the President's absence or during temporary periods of disability. Upon the death, resignation or removal of the President, the Vice President shall assume the office of the President.

(c) Regional Directors. There shall be Regional Directors for each region into which the Association is divided, and each Director must work at an office within the region represented. Regional Directors shall serve as members of the Board and shall coordinate the activities of their respective regions and shall form such regional committees or appoint such regional officials as they deem necessary or appropriate to promote the interests and business of the Association in their regions. Regional Directors shall resign from the Board if they transfer outside the region they represent.

Each Regional Director must inform the chapters within their regions of any regular National Executive Board meeting, so that the chapters may bring matters to the attention of the Board.

(d) Secretary. The President may appoint a Secretary, from the Association's Regular membership, with the Board's approval. The Secretary will serve at the pleasure of the President. It shall be the duty of the Secretary to give notice of and attend all meetings of the Association, and of the Board. The Secretary shall take and keep true minutes of all meetings of the Association, of the Board and of committees. The Secretary shall, under the direction of the President, prepare and present the business to be acted upon at all meetings of the Association and perform all duties incident to the office of the Secretary and other duties as assigned by the Board or the President. In the absence or temporary disability of the Secretary, the President may appoint a temporary Secretary, from the Regular membership of the Association, to perform all the duties of the Secretary.

(e) Treasurer. The Treasurer shall be appointed by the President and approved by the Board, to serve at the pleasure of the Board. The Treasurer shall keep an account of all monies received and expended by the Association and shall make disbursements only upon approval by the President or another member of the Board. The Treasurer shall deposit all sums received in banks approved by the Board and shall make an annual financial report to the Board at a time specified by it. In the absence or temporary disability of the Treasurer, the President may appoint a temporary Treasurer, from the Regular membership of the Association, to perform all the duties of the Treasurer.

ARTICLE VIII - ELECTIONS AND MEETINGS OF THE ASSOCIATION





(a) Annual Meeting. There shall be an annual meeting in the spring of each year at which the Board shall report to the members concerning its management of the Corporation's affairs and on the Corporation's financial position, and its plan and budget for the succeeding year. The meeting shall also transact other business brought before it.

(b) Special Meetings. Special meetings of the members may be called by the President, the Board or district office representatives having at least one-third (1/3) of the votes entitled to be cast at such meeting.

(c) Convention. Every third year the annual meeting shall be termed a Convention of the Association, during which the Board, including the President, shall be elected and installed. All members have the right to attend the Convention, but only members chosen as field office representatives by their chapters shall vote for Regional Directors and the President. The field office representatives shall have the right to make recommendations to the Board. These recommendations will be binding upon the Board if carried by two-thirds (2/3) of the votes entitled to be cast by the field office representatives present at the Convention.

(d) Voting. Except as provided in Article V of these Bylaws, members of the Association shall not be entitled to vote in the affairs of the Association. Only field office representatives of their respective chapters shall be entitled to vote at any annual or special meeting of the Association, including the Convention, and only those representatives whose credentials are validated by the Committee on Elections and Credentials shall be entitled to cast votes on behalf of their chapters. With the Board's approval, a chapter may have more than one field representative but each chapter shall have only as many votes as are reflected on the current complete list of the Association's regular membership belonging to that chapter, as of thirty days (30) days before the meeting. At the Convention (or at any annual meeting at which the filling of a vacancy on the Board is to be ratified) each field office representative will vote for:

(i) the Regional Director of the region to which the representative's field office chapter belongs and

(ii) the President. Field office representatives may vote in person or by proxy.

(e) Notice. Notice of any meeting of the Association, including the Convention, shall be sent to each member not less than ten (10) nor more than fifty (50) days before the date of the meeting. The notice shall set forth the place, date, time and purpose of the meeting.

(f) Quorum. The presence in person or by proxy of one-third (1/3) of the votes entitled to be cast by the field office representatives present at the meeting shall be necessary to constitute a quorum for the transaction of business.

(g) Order of Business. The President shall preside at each meeting of the Association. The order of business shall be as specified in a notice of the meeting but may be altered or suspended at any meeting by two-thirds (2/3) of the votes entitled to be cast by the field office representatives present at the meeting. Proceedings shall be governed by Robert's Rules of Order, revised.

ARTICLE IX - INTERNAL ORGANIZATION





(a) Chapters. Members shall organize local chapters corresponding to the U.S. Marshals Service districts to which they are assigned to carry out the purposes of the Association. Chapters may be formed wherever there is a Deputy U.S. Marshals' office and upon approval of the Board. The Board will consider geographical location and the number of deputies assigned, along with other pertinent facts when considering a request to establish a chapter. Within six months after the chapter is approved, the chapter shall submit its own proposed chapter constitution and bylaws to the Board. Chapter bylaws and any subsequent amendments thereto must be approved by the Board. The chapters must notify the Board within ten days whenever officers are elected, appointed, removed or have resigned. Each chapter shall select its own officers, including field representatives to vote on behalf of the chapter at any meeting of the Association, and shall have the right to elect honorary members of that chapter.

(b) Regions. Chapters shall be grouped into regions by the Board to approximate an equal distribution of Deputy U.S. Marshals in each region. Regional boundaries may be realigned from time to time by the Board to reflect a more equal distribution of the membership and/or the total number of operational personnel assigned to each region.

(c) Policy Making. No chapter shall have authority to speak for the Association or to make policy decisions on behalf of the Association. Chapters shall through their officers advise the Board of their views on any matter of interest to the members of the Association. However, any member may speak directly with the Board and may request to appear in person at any meeting of the Board to express their views on matters under consideration.



ARTICLE X - FISCAL PROVISIONS





(a) Fiscal Year. The fiscal year of the Association shall begin on the first day of July in each year and end on the last day of June in the next year.

(b) Signatures. All checks, drafts, promissory notes, acceptances or other instruments for the payment of money shall be signed in such a manner and by such officer or member of the Board as may be provided for from time to time by the Board.

(c) Audit. The Board shall arrange for an audit of the books and records of the Association by an independent certified public accountant at least once a year.

(d) Indemnification. The Association shall indemnify, to the extent allowed and upon conditions prescribed by applicable law, any person made, or threatened to be made, a party to any action, suit or proceeding, whether criminal, civil or administrative, because of the fact that such person is or was a member of the Board or an officer of the Association and such action, suit or proceeding arose out of the performance of official duties, against expenses, including attorneys' fees, and the amount of any judgment, fine or settlement for which such person may be or become liable, actually incurred by such person because of such action, suit or proceeding, or appeal therein.

ARTICLE XI - AMENDMENTS





Proposed amendments to this Constitution and Bylaws may be made either by the Board or by the Convention. If made by the Board, the Board must approve them by three-fifths (3/5) vote of the entire Board and must submit them for ratification at the next annual meeting of the Association by two-thirds (2/3) of the votes entitled to be cast by the field office representatives present at the meeting. Proposed amendments to be made at the Convention must be submitted to the Secretary sixty (60) days before the date set for the Convention. The Secretary will mail copies of the proposed amendments to each chapter. Amendments must be approved by two-thirds (2/3) of the votes entitled to be cast by the field office representatives present at the Convention.

ARTICLE XII - DISSOLUTION





Upon the termination, dissolution or winding up of the Association in any manner for any reason, its assets, if any, remaining after payment of all its liabilities of the Association, shall be distributed to one or more nonprofit organizations having purposes and objectives consistent with those of the Association.