Last Revised: 2012-06-27
BY-LAWS
of the
MIDWEST
EQUIPMENT MANAGEMENT PARTNERSHIP
Approved: 17 August 2011, Kansas City, Kansas
ARTICLE I: Name and Location
SECTION 1. Name
The name of this organization shall be the Midwest Equipment Management Partnership (MWEMP).
SECTION 2. Location
The offices and the principal place of business for the MWEMP shall be the National Center for Pavement Preservation (NCPP), 2857 Jolly Road, Okemos, Michigan 48864.
SECTION 3. Midwest Region
For the purpose of these by-laws, the Midwest refers to a geographic region, which may include the States of Illinois; Indiana; Iowa; Kansas; Michigan; Minnesota; Missouri; Nebraska; North Dakota; Ohio; Oklahoma; South Dakota; and Wisconsin, but may include other states and provinces desiring to affiliate with this region.
ARTICLE II: Vision, Mission and Objectives
SECTION 1. Vision Statement
To serve as the comprehensive regional resource supporting effective and efficient governmental highway equipment fleet management.
SECTION 2. Mission Statement
Provide equipment fleet management personnel in the Midwest States, and other agency executives with resources, material and support to promote effective fleet management, advance emerging equipment technologies, communicate best practices, and to provide a voice from this group to decision makers and industry on issues impacting fleet operations.
SECTION 3. Objectives:
- Establish and support a viable equipment management partnership for the Midwest region states and coordinate with other existing partnerships working with the AASHTO Equipment Management Technical Services Program (EMTSP).
- Promote and support the benefits of fleet management best practices.
- Promote awareness of available equipment technologies.
- Promote and support professional development opportunities for equipment fleet managers.
- Promote the use of common performance measures for equipment fleet managers.
- Monitor and disseminate information regarding proposed regulatory changes that have potential impact on highway equipment fleets.
ARTICLE III. Membership
SECTION 1. Membership Eligibility
Membership is open to Public and Private, State or Provincial Highway Agencies.
SECTION 2. Voting Rights
Full partnership voting rights will be restricted to member States and Provinces. Each member State and Province shall have one vote.
ARTICLE IV: Steering Committee
SECTION 1. Committee Structure
The Steering Committee of the MWEMP shall consist of five (5) members inclusive of a Chair, Vice-Chair, and Secretary/Treasurer.
The past Chair will serve in an ex-officio, advisory capacity to the Steering Committee for a term of one year but without voting rights.
Up to two Alternate Steering Committee members may also be elected to serve in the absence of a Steering Committee member.
Should a Member of the Steering Committee not be present for any official partnership business meeting, then a designated alternate may serve on the Steering Committee as a voting Member by proxy, but will not be permitted to substitute in an officer capacity.
The Steering Committee shall be selected by all of the Midwest States in attendance, inclusive of the positions as noted above and in accordance with the stated MWEMP membership requirements.
SECTION 2. Authority of Steering Committee
The governing body of this organization shall be the Steering Committee. This Committee shall act on selected issues and requests brought by the general membership. The Steering Committee can appoint working groups for the development of programs, tasks, and activities, or take action on items of common interest to the membership. The Steering Committee shall also actively pursue the objectives of this Organization and work directly with other regional groups and with the AASHTO EMTSP Oversight Panel and the program contractor.
SECTION 3. Terms of Steering Committee Members
Election of members of the Steering Committee shall be held annually and be voted on at the Midwest States meeting. Steering Committee members will serve a one (1) year term. Members can be re-elected at the annual meeting and there will be no restriction on the number of terms that a member can serve.
SECTION 4. Duties of Steering Committee Members
The Chair of the Steering Committee will preside over the annual meeting and shall have active control of the membership business meeting.
The Vice-Chair of the Steering Committee will preside over the annual meeting and the membership business meeting in the absence of the Chair. In the absence of the Vice Chair, the Secretary/Treasurer shall conduct the meeting.
The Secretary/Treasurer of the Steering Committee will review financial reports and minutes for the MWEMP maintained by the AASHTO appointed contractor (NCPP). The Secretary/Treasurer will review minutes produced by the appointed meeting recording secretary.
SECTION 5. Removal of Officers
The Steering Committee may, at its discretion, by a two-thirds vote, remove any Officer from their office with cause.
ARTICLE V: Meetings
SECTION 1. Annual Business Meeting
The date of the annual business meeting shall be set by the Steering Committee. The purpose of the meeting shall include presentation of formal reports of task groups, elections, and action on all business brought forth before the meeting.
The Officers of the Steering Committee will be responsible for development of the annual business meeting agenda.
SECTION 2. Other Meetings / Teleconferences
Other meetings or teleconferences of the organization, including, but not limited to, Task Groups and Working Teams, shall be at the discretion of the Steering Committee. The purpose of these meetings shall include acting on business items brought forth at the annual meeting.
SECTION 3. Notice of Meetings
At the direction of the Steering Committee Chair, written notice of any meeting of the organization shall be transmitted by mail or electronically to the last known address of each member organization at least forty five (45) days before the date of the meeting.
SECTION 4. Quorum
A majority of Steering Committee members present in person or via conference call shall constitute a quorum at any meeting of the Steering Committee.
ARTICLE VI: Amendment to By-laws
SECTION 1. Amendment Process.
These By-laws may be amended or repealed by a simple majority vote of the members present at an annual business meeting. Amendments may be proposed by the Steering Committee on their own initiative, or by general membership. The Steering Committee will present proposed amendments for consideration to the members of MWEMP.
ARTICLE VII: Assessments
SECTION 1. State Agencies
The Member State Agency membership in the MWEMP shall be funded in accordance with the annual voluntary contributions for the AASHTO’s Technical Service Programs, specifically EMTSP. AASHTO will be invoiced directly by the NCPP for eligible expenses incurred by the MWEMP.
SECTION 2. Provincial Agencies
An amount, as determined by the Steering Committee, will be assessed annually to each Provincial Agency. Funds will be received by the NCPP on a date determined by the Steering Committee.
SECTION 3. Meeting Costs
The assessment may include participation costs to attend meetings related to the MWEMP as directed by the Steering Committee.
SECTION 4. Expenditure Approval
Expenditure of generated funds will be for operational expenses, developing tools and research projects for implementing Equipment Management. The Steering Committee will approve all expenditures for MWEMP generated funds.
SECTION 5. Excess Meeting Funds
Any excess funds generated as a result of the annual meetings shall be used within the MWEMP and banked if not used in any given fiscal year. These funds may be applied toward future meetings and may be used for such things as training or other purposes deemed appropriate and approved by the MWEMP Steering Committee.
ARTICLE VIII: Fiscal Matters
SECTION 1. Fiscal Year
The fiscal year of the MWEMP shall begin on July 1 and run through June 30 of the following year.
SECTION 2. Revenues
Revenues will be through the AASHTO pooled-fund voluntary assessment for Member States Agencies and fees from any Provincial Agencies or Industry participation. Revenues received from Member State Agencies through the AASHTO Voluntary Contribution process will be held by the AASHTO and dispersed as required for operation of the MWEMP through its contractor, the NCPP. Non-AASHTO Agency fees, exhibitor fees, or funds received for purposes consistent with MWEMP programs, operations and functions will be managed by the NCPP and dispersed for the operation and programs of the MWEMP.
SECTION 3. Expenditures
Midwest Equipment Management Partnership generated funds will be managed and administered by the NCPP and expenditures shall only be for the purposes related to the Midwest Equipment Management Partnership goals. The NCPP shall be accountable to the Steering Committee in these matters.
SECTION 4. Budget
A preliminary budget shall be submitted by the NCPP to the Secretary / Treasurer for approval at the annual business meeting. The Steering Committee shall review the annual budget and work program prior to the annual business meeting.
SECTION 5. Audit
The MWEMP account managed by the NCPP shall be subject to audit under the procedures of Michigan State University.