Organization of Flying Adjusters

Constitution and By-laws

ARTICLE I
Name

Section 1. The name of this Association shall be the O F A.


ARTICLE II

Affiliation

Section 1. This Association may, subject to the approval of at least two-thirds of its members, be affiliated with such other organizations as its membership may deem advisable in carrying out the intent and purpose for which this Association has been formed.


ARTICLE III

Object and Purpose

Section 1. To consider and deal by all lawful means with common problems of members in the handling of aircraft hull and liability insurance claims.
Section 2. To promote safety in the ownership and use of aircraft and foster studies into the causes of aircraft accidents and ways and means of reducing the number of such accidents.
Section 3. To combat crime as pertains to aviation.
Section 4. To promote and develop a high standard of ethics in the handling of aviation insurance claims and to promote activities designed to enable members to expedite and to make more efficient the servicing of aviation insurance claims for the public.
Section 5. To bring about wider public recognition and acceptance of the functions of aviation insurance.


ARTICLE IV

Membership

Section 1. There shall be membership composed of four types: (a) Regular, (b) Associate, (c) Honorary, (d) Emeritus. (Rev. Oct. 1999).
(a) REGULAR MEMBERSHIP: Shall consist of those adjusters who, from the standpoint of background and experience, qualify for membership. Each Regular Member shall have one vote on questions coming before the Association.
(b) ASSOCIATE MEMBERSHIP: Shall consist of the employees of those companies and/or groups of companies affording a market for aircraft hull and/or liability insurance, of individuals, partnerships or corporations who are engaged in the manufacture, assembly, or distributing of aircraft and/or any other individuals, partnerships or corporations whose purpose is compatible with the purposes for which this Association was created and maintained and which individual, partnership, or corporation have expressed such interest that they are willing to work closely with this Association to carry out the objects and purposes for which this Association is maintained. Associate Members are encouraged to make suggestions for the betterment of the Association but shall have no voting rights on questions before the Association. (Rev. Oct. 1999).
(c) HONORARY MEMBERSHIP: May be accorded to any one not qualified for membership under Section (a), (b) and (d); but who by reason of their position or qualifications are interested in and willing to cooperate and assist in areas beneficial to aims and purposes of this Association. Such Membership may also be awarded to an Associate Member. Honorary Members may attend meetings, enter into discussions, but shall have no voting rights. Such membership shall be renewed every year by vote of the Executive Committee. (Rev. Oct. 1999).
(d) EMERITUS MEMBERSHIP: May be accorded to any Regular Member who retires in good standing. Emeritus Members shall have the right to vote on any question before the Association. Emeritus Members shall not be subject to any requirement for continuing membership, including but not limited to payment of dues, contained in the Constitution or By-Laws. (Rev. Oct. 1999).


ARTICLE V
Officers

Section 1. The Officers of the Association shall be a President, a President-Elect, a Secretary and a Treasurer. (Rev. 1981)
Section 2. The election of officers shall be conducted at the annual meeting to be held at a time and place selected at the prior annual meeting. Election of officers to be held each year. At least 30 days prior to the election meeting, the Nominating Committee shall agree and present by mail to the membership a slate of one candidate for each office. At the annual meeting the presiding officer will solicit nominations for the various offices from the floor. Voting will be done by secret ballot. A majority vote shall constitute election to each office. (Rev. 1987)
Section 3. Each officer shall take office at the close of the annual meeting immediately following his election and shall serve until the close of the annual meeting following. (Rev. 1981)
Section 4. A member shall not serve more than two consecutive terms in the same office as an officer of this Association.


ARTICLE VI

Duties of Officers

Section 1. The President shall preside at all meetings of the Association. He may call special meetings of the Association when ever such meetings may seem to him necessary or advisable. The President shall be the official representative of this Association to the public and will use his position to enhance the dignity of the Association. The President shall supervise the organization's affairs and activities.
Section 2. The President- Elect shall become President of the Association when his predecessor in that office completes his term of office or when the office of President becomes vacant and shall perform the duties of President when the latter is absent or incapacitated. If the office of President-Elect is vacant, or if the President-Elect is unable or unwilling to assume the Presidency, a successor to the office of President shall be elected by the Executive Committee, by a majority vote, to serve out the unexpired term at which time a President shall be elected by the members. In the event a vacancy occurs in the office of President-Elect, the Executive Committee shall appoint, by a majority vote, a President-Elect to serve out the unexpired term of the office of President-Elect. At the end of such term a new President and President-Elect shall be elected by the members as provided by these Articles. (Rev. 1981)
Section 3. The Secretary shall notify the membership of the time and place of all meetings, take minutes of all business meetings, handle correspondence for and on behalf of the organization, keep an active record of membership showing name, address and companies represented and perform all other duties, ordinarily incidental to the Secretary as may come before this Association.
Section 4. The Treasurer shall collect and be the custodian of the dues and assessments voted by the membership and disburse the funds in accordance with the votes of the membership. Rules and procedures of the operation of the office of the treasurer shall be set up, supervised and governed by the Executive Committee. (Rev. Oct. 1987)


ARTICLE VII

Executive Committee

Section 1. There shall be an Executive Committee of this Association consisting of the President, President-Elect, Secretary, Treasurer and the immediate past President. The President of this Association shall be chairman of the Executive Committee. (Rev. 1981) (Rev. Oct. 1987)
Section 2. The Executive Committee, subject to the supervision and approval of this Association, shall have general control of the Association's affairs. All matters requiring deliberation and investigation shall be referred to the Executive Committee for its consideration and recommendation. (Rev. Oct. 1987)


ARTICLE VIII
Meetings

Section 1. The annual meeting of the Association shall be called on a date selected at the previous annual meeting.
Section 2. Special meetings of this Association shall be held subject to the call of the President or Executive Committee only by written notification to all members 30 days in advance giving the date and subject matter of such meeting. (Rev. Oct. 1987)
Section 3. A majority of Regular and Emeritus members of the Association shall constitute a quorum at any meeting where revisions to the By-Laws and Constitution are to be considered. A majority of regular members registered at the annual meeting or specially called meeting shall constitute a quorum for all other business conducted by the Association. (Rev. Oct. 1999).
Section 4. The majority (three out of five members) of the Executive Committee shall comprise a quorum at any one of its meetings. Members of the Committee may participate telephonically in meetings of the Committee and shall be counted to determine if there is a quorum. Members of the Executive Committee may vote on questions before the Committee by email or fax directed to a Committee member designated by the President, or by written proxy given to another member of the Committee. Members that vote by email, fax or proxy shall not be counted to determine if there is a quorum, unless the proxy is for all business before the Committee. No proxy may be exercised except by the person to whom it is first given. (Rev. Oct. 1999).


ARTICLE IX

Committees

Section 1. It shall be the duty of the President upon accession to office to appoint standing committees and special committees when authorized or deemed necessary to execute the affairs and activities of this Association.


ARTICLE X

Dues

Section 1. Membership application fees for each type of membership, excepting Emeritus Members, shall be established at each annual meeting by majority vote of the Regular Members present at the meeting. (Rev. Oct. 1999).
Section 2. Annual dues for each type of membership, excepting Emeritus Members, shall be established at each annual meeting by majority vote of the Regular Members present at the meeting. (Rev. Oct. 1999).
Section 3. Each Regular, Associate and Honorary Member shall pay dues in the amount established pursuant to Section 2 above and in the manner provided by the By-Laws. (Rev. Oct. 1999).


ARTICLE XI
Amendments

Section 1. Proposed amendments to the Constitution and By-Laws must be submitted in writing to the President or Secretary. Any proposed amendment shall be considered by the Executive Committee at its next meeting, at which time the Executive Committee shall consider the proposed amendment for its recommendations for adoption, and such amendment shall be submitted to all members together with the Executive Committee's recommendations at least thirty days prior to the next regular or special meeting of the Association. The proposed amendment shall be read at the next meeting and shall be voted upon, at least two-thirds of the members present shall vote in favor of adopting the amendment if it shall be adopted.


By-Laws of The O F A

ARTICLE I
STANDING COMMITTEE

Section 1. Standing Committees of this Association shall be:
1. Membership Committee
2. By-Laws
3. Public Relations
4. Procedures and Operations
5. Advisory Council and such other Committees as the President shall deem necessary from time to time.


ARTICLE II
MEMBERSHIP COMMITTEE

Section 1. The Membership Committee shall be responsible for the receiving of all applications for Membership to this Association, for processing of the qualifications of the applications, for Membership in this Association and recommendations to the Association for acceptance or refusal of such applicant.
Section 2. Required initiation membership fee in full of $150.00 must be submitted with application. In the event of rejection of the applicant $25.00 shall be retained as a processing fee and the remainder refunded. (Rev. 1976)


ARTICLE III
REGULAR MEMBERSHIP

Section 1. No captive adjuster will be considered for membership.
Section 2. Must have a minimum of five years experience handling an acceptable volume of aircraft hull and liability insurance claims.
Section 3. A new applicant for Regular Membership must, for three years prior to his application, have been serving as adjuster in the same organization, save only for changes in legal form of proprietorship, partnership or corporation. (Rev. Oct. 1999).
Section 4. Applicants for Regular Membership must hold at least a private pilot certificate or A&P certificate, unless the applicant is not a citizen of the United States, in which case this requirement may be waived. (Rev. Oct. 1999).
Section 5. Applicant for Regular Membership must be recommended by one Regular Member and three different company claim representatives. (Rev. Oct. 1999).
Section 6. An applicant must be approved by majority vote of the Regular and Emeritus Members present at the annual meeting at which the application is presented for consideration. (Rev. Oct. 1999).
Section 7. Regular Members who are otherwise qualified and in good standing, but who may become ineligible for membership because of changes in: employment, location, status or other factors not related to non-payment of dues, shall be eligible for reinstatement as a Regular Member upon application, notwithstanding the requirements imposed on original applicants under Section 3 and Section 4 herein. (Added 10-6-89); (Rev. Oct. 1999).


ARTICLE IV
ASSOCIATE MEMBERSHIP

Section 1. Associate members must be approved by a majority vote of the Regular and Emertius Members present at an annual meeting. Associate Membership expires after one year unless renewed by majority vote of the Executive Committee. (Rev. Oct. 1999).


ARTICLE V
ADVISORY COUNCIL

Section 1. The Advisory Council shall consist of non-adjuster representatives who shall make recommendations to OFA. The area of responsibility shall include (but not limited to) assessments of professional responsibility and competence of applicants for adjuster membership.


ARTICLE VI
RULES

Section 1. In the conduct of all annual and special meetings and in the committee meeting, Robert's Rules of Order shall prevail, unless other rules amending Robert's Rules of Order shall be adopted by this Association at a regular or special meeting.


ARTICLE VII
PROFESSIONAL RESPONSIBILITY

Section 1. When any Regular Member receives an aviation adjustment assignment, he or she accepts full professional responsibility for the handling of the loss, including work performed by fellow employees, secretaries, clerks, investigators and sub-assignments. (Rev. Oct. 1999).


ARTICLE VIII
MEMBERSHIP DUES

Section 1. Dues notices shall be sent by May 15 each year and dues shall be payable on or before June 30. Any member who has not paid dues by September 1 may be dropped from the rolls of membership by majority vote of the Executive Committee. Any person dropped from the membership rolls for non-payment of dues only may, upon payment of such dues, be reinstated by majority vote of the Executive Committee. (Rev. Oct. 1999).


ARTICLE IX
MEMBERSHIP DISCIPLINE AND REMOVAL

Section 1. Any member of the Association shall have the right to file a complaint with such evidence as they have available against any other member of this Association. Such complaint and evidence shall be filed with the Executive Committee and the Executive Committee shall make such investigation as they deem necessary and shall make such recommendations as they feel necessary or justified to the Association at any special meeting of the Association and such member so complained against may, by a two-third vote of the members present at annual or special meeting, be removed from the rolls of membership of this Association. Such member complained against shall be notified of the complaint filed against him by the Executive Committee and shall have sixty (60) days from the date of such notification to present such evidence as he may have or such defense as he may have to the Executive Committee, and shall be entitled to present such defense to the Association meeting from the floor, before the vote is taken on recommendation of the Executive Committee.
Section 2. Any Regular Member failing to attend 3 consecutive annual meetings shall be required to show good cause why he or she was unable to attend, and failing to do so, shall be dropped from the roll. (Rev. Oct. 1999).