ARTICLE 1

Corporate Identification

1.01.    Name. The corporation shall transact business in the name of Alabama Bail Bond Association, Inc. It is herein called the “Association” or “Corporation”. ​

1.02.    Corporate Offices. The address of the principal office of the corporation shall be 150 Palmetto Street, Mobile, AL 36603. The Corporation shall maintain offices at 150 Palmetto Street, Mobile, AL 36603.

1.03.  Seal. The Board of Directors shall provide for a corporate seal, which shall be circular in form and shall have inscribed thereon, the name of the corporation, the state of incorporation, and the words “Corporate Seal.”

1.04.    Fiscal Year. The fiscal year of the Corporation shall begin on the 1^st day of January and shall end on the 31^st day of December.

1.05.    Object: The object of the Association shall be to effectively organize, advance, and improve in every way possible the bail bonding industry in this state. To conform to professional and ethical standards of the industry made through the united efforts of the individual members of the Association, in cooperation with the Commission of Insurance and with those responsible for issuing bail bonds in each jurisdiction of the state to be achieved through a continuing education program for bail company owners, bail agents and recovery agents that is harmonious and inconsonant with the Constitution of the United States and the State of Alabama. It is
further the intent and purpose of this Association to provide a method and procedure for financing for education programs and related activities of the professional bonding industry.

ARTICLE 2

Membership

2.01.    Membership Eligibility.  Members shall consist only of bail company owners, bail agents, and recovery agents licensed and authorized to do business in the state of Alabama who is in good standing, have been elected to membership by the Board of Directors, and which shall comply and continue to comply with all the requirements of membership contained herein including the following:

(1) Agree with the aim and purpose of the Alabama Bail Bond Association, Inc.
(2) The records of the bail company owners, bail agents, and recovery agents licensed and authorized to do business in the state of Alabama, including the books of those seeking membership in the Association shall at all times be subject to the audit by a duly authorized representative of the state. 

2.02.    Application for Membership.   Bail company owners, bail agents, and recovery agents licensed and authorized to do business in the state of Alabama applying for membership with the Association shall present written application, accepting and agreeing to abide by the bylaws of the Alabama Bail Bond Association, Inc., now existing or subsequently enacted or adopted and any amendments thereto.

2.03.    Election of Membership.   Application for membership shall be acted upon by the Board of Directors of the Association at the first called meeting of said Board after an application for membership is received. A majority vote of the Board present and voting shall be necessary to elect.  

2.04. Each professional surety company or professional bail company, who is a member of the Association in good standing, licensed and authorized to do business in the state of Alabama, shall be entitled to one vote and only one vote for or on behalf of a professional surety company or a professional bail company. For the purpose of this section, any individual, recovery agent, or bail agent who is employed by a professional surety company or professional bail company, who are not bail owners, are not entitled to a vote. An individual member’s right to vote, may not be transferred to another person.

The Board of Directors of the Association shall have the authority to examine and verify the eligibility of each constituent unit or member of the Association and their right to vote at any special or regular meeting of the Association.

2.05.   Withdrawals.  Any member may withdraw from the association by submitting to the Secretary a written resignation.

2.06.    Names and Mark.  Members acknowledge by their membership that the name Alabama Bail Bond Association, Inc., and the emblem and markings of the Alabama Bail Bond Association, Inc., including without limitation are the exclusive property of Alabama Bail Bond Association, Inc., and any use thereof by the members shall be only with the consent and control of the Alabama Bail Bond Association, Inc.

ARTICLE 3

Finance

3.01.    Education/Dues.   A non-voting membership shall be included in the cost of the 16- hour course and test, which shall not exceed five hundred dollars ($500.00) and shall furthermore be included in the cost of the annual eight hour continuing education course, which shall not exceed five hundred dollars ($500.00). Each bail bond company owner shall receive one (1) vote with an annual paid membership not to exceed two hundred dollars ($200.00) which is not included in the cost of either education course and shall be paid for separately from the education costs.

3.02.    Expenses of Officers and Directors.  Officers and Directors, when ordered out on special work by the Board of Directors, President, Treasurer or the Secretary, in addition to such expenses or the employment of the Secretary and/or Treasurer, clerical help, printing, postage, telephone, and other expenses duly authorized by the Board of Directors.

ARTICLE 4

Meetings

4.01.    Annual Meetings. The annual meeting of the Alabama Bail Bond Association, Inc. shall be at such place and at such time as may be fixed by the Board of Directors. Notice of the time and place of each annual meeting shall be sent by email to each member at least twenty (20) days in advance thereof. Updating any changes to a member’s email address of record with the Board of Directors is the sole responsibility of that member.

4.02.    Special Meetings. Special meetings may be called by the President or by a majority vote of the Board of Directors. Reasonable notice of all special meetings shall be sent by the Secretary to each member of the Association in advance of such meeting. In the case of a special meeting, such notice shall state the object of the meeting and subject to be considered.

4.03. In an annual or special meeting of the membership, the quorum is a majority of the members who have been registered.

ARTICLE 5

Officers

5.01.    Election and Duties.  The Board of Directors shall elect initial officers of the Corporation, comprised of a President, a First Vice President, a Second Vice President, a Secretary/Treasurer whose terms shall end following the election and qualification of their successors at the annual meeting of the members in 2015.

Thereafter, the constituent members of the Associations from each of the seven (7) Alabama Congressional Districts, as constituted on 1 January 2015, shall meet and caucus at the annual meeting of the Association to make or present names or nominations to the voting membership, for the election of the different officers of the Association.

Provided, however, no more than one Vice President shall be a President of the same Congressional District. After the constituent members from the seven Congressional Districts have presented their report or nominations and before voting for the different officers takes place, the chair or presiding official must call for further nominations from the floor.

The President, the Vice President, the Secretary, and the Treasurer then shall serve for a term of three (3) years or until their successors have been elected.

5.02.   After the area Vice Presidents have been elected, the First Vice President shall assume the role of the President or perform the duties of the President due to death or disability or a vacancy in the office of the President. In the event the First Vice President is unable to perform, then the second Vice Presidents is to perform such duties.

5.03.    President. The President shall preside at all meetings of the Association. He or she shall be Chairman of all regular and special meetings of the Board of Directors and the Executive Committee, subject to the control of the Board of Directors, the President shall have general management and control of the affairs and business of the Association and shall perform all other duties and exercise all other powers as are issued or commonly incident to his or her office or to which he or she may at any time be authorized or required by law.

5.04.   Officer’s Duties. The officers and members of the Executive Committee shall perform such duties as may be assigned to them by the President of the Board of Directors.

5.05.    Secretary. The Secretary shall be responsible for the recording of the minutes, distribution of all correspondence, and perform such other duties customary for such office.

5.06.    Treasurer.  Shall be responsible for maintaining the financial records and reports of proceedings for the Association and shall perform such other duties customary for such office. The Treasurer shall receive all monies paid to the Association and place same with depositories designated by the Board of Directors and shall disburse money only upon a written order signed by the President. He or she shall carefully account for all transactions and make a full report of same at the annual meeting or at any time upon the demand of the President of the Board of Directors.

5.07.  Sergeant-At-Arms. The Sergeant-at Arms-shall be responsible for maintaining order at a gaveled-in meeting. He or she along with the President shall have the authority to fine members at such meetings for conduct unbecoming and unruly conduct of a said member. Any fines levied shall be paid to the Association within fifteen (15) days. Any fines or discipline shall be appealable to the voting membership and shall be filed with the President within five (5) days of the imposition of fine or punishment.

5.08.  Bonds.  The Board of Directors shall see that the President, the Secretary, the Treasurer, the Board of Directors, and other officials or employees holding responsible positions be placed under a suitable bond.

5.09. Members seeking to qualify to run for individual offices must submit their name not less than 30 days prior to the election for the position they are seeking and must be listed on the Printed Ballot in alphabetical order.

5.10.  Members seeking to qualify to run for individual offices must be a member in good standing for a minimum of 45 days and may self-nominate provided they are members in good standing. Members in good standing may nominate other members in good standing. All nominations, whether self-nominated or by other members shall require a second nomination from a member in good standing.

5.11.  Contested seat candidates shall have 3 minutes to speak on their behalf and shall speak in alphabetical order. The Election Chair shall be appointed by the President. Each candidate not present may choose a representative to speak on their behalf.

ARTICLE 6

Board of Directors

6.01.    Members of Board of Directors; Terms; Districts.  The Board of Directors shall consist of the President, the Vice President, Second Vice President, Secretary, Treasurer, Sergeant-at-Arms, Ex-Officio Board Advisor, previous Board of Directors member appointed by the President with no voting powers, Bail Agent Representative and Recovery Agent Representative.

The seven Congressional District Directors who shall be nominated by the members, who shall all be elected from the state at large and voted upon by members with voting authority, in session, at the annual meeting; Each of the seven-member board districts (the seven congressional districts) shall meet and caucus at the annual meeting and shall nominate a person to serve on the Board of Directors from such district. Such nomination shall then be presented to the membership and other nominations for each Congressional District Director. The person to serve as a member of the Board of Directors from each Congressional District shall be elected by the membership at the annual meeting. For the good of the order, board members shall not be eligible to serve in such capacity, provided he or she has been convicted of a felony, crimes of moral turpitude, or has outstanding obligations or debt to any state, county, or municipal court. Board members shall be elected from members of the Association in good standing who are
licensed and authorized to do business in the state of Alabama. The President, the Vice Presidents, Secretary, Treasurer, Sergeant-at-Arms, Bail Agent Representative, and Recovery Agent Representative shall serve for a term of three (3) years. The Directors in Congressional Districts 1, 4, and 7 shall be elected for one (1) year, the Directors in Congressional Districts 2 and 5 shall be elected for two (2) years terms, and the Directors in Congressional Districts 3 and 6 shall be elected for three (3) years, thereafter all directors shall be elected for a staggered term of three (3) years.

6.02.   Duties of the Board of Directors.  The Board of Directors shall carry out the policies of the Association as outlined by the By-Laws and the President and shall be empowered to manage the affairs of the Association to be charged with the disbursement of funds; to act as a judge of the qualifications of all applicants for membership, and to appoint and employ such agents as may be necessary and as funds will permit. In case of a vacancy on the Board of Directors, the President shall have the power to appoint a successor to serve until the next special annual meeting of the Association.

6.03.    Meeting of the Board of Directors. The Board of Directors shall meet in January, April, July, and November or as near thereto as practicable or when called to meet by the President or by a majority of the Board itself.

Meetings may be held at any time without notice, if all the directors are present or if those not present waive notice before the meeting in writing. Board meetings (other than the annual meeting which shall be held in person) may be held in person, by telephone, or other
electronic conference call or electronic online conference meeting, by email or in such other manner as the Board may approve in corporate policies, that notice of the meeting is given to all Board members and a quorum of the Board participates in such meeting.

6.04.    Quorum.    A majority of the Board of Directors shall constitute a quorum.

 

ARTICLE 7

Committee

7.01.    Executive Committee.    The President, the Vice Presidents, Sergeant-At-Arms, Secretary, Treasurer, Bail Agent Representative. and Recovery Agent Representative shall constitute the Executive Committee. Such committee shall have the authority to function in the interim period between meetings of the Board of Directors in carrying out the policies of the Association as outlined by the President of the Association. The President, Secretary, or a majority of the committee may call a meeting of the committee. The Secretary shall keep a record of proceedings of the committee and report all proceedings of the committee to the next succeeding regular meeting of the Board of Directors for such action as may be appropriate. ​

7.02.    Other Committees.  The President shall appoint such standing, special, or other committees as may be authorized by the Board of Directors.

7.03.    Meetings of Committees.   These committees shall meet when called by the President or Secretary and report to the Board of Directors.

ARTICLE 8

Parliamentary Authority

8.01. The rules contained in the current edition of Roberts Rules of Order Newly Revised shall govern the organization in all matters which they are applicable and in which they are not inconsistent with the bylaws and any special rules of order this organization may adopt.

ARTICLE 9

Indemnification

9.01. To the full extent permitted by the Corporation Law of the State of Alabama, the Corporation shall indemnify any person who was or is a party to any civil, criminal, administrative, or investigative action, suit, or proceeding by reason of the fact that he/she is or
was a Director or officer of the Corporation, or is or was serving at the request of the Corporation as a Director or officer of another corporation, against expenses (including attorneys’ fees), judgments, fines, and amounts paid in settlement actually and necessarily
incurred by him/her in connection with such action, suit, or proceeding; and the Board may, at any time, approve indemnification of any other person which the Corporation has the power to indemnify under the General Corporation Law of the State of Alabama. The indemnification provided by this Article shall not be deemed exclusive of any rights to which a person may be entitled as a matter of law or by contract. The foregoing shall not apply to matters as to which any such person shall be adjudged in such action, suit, or proceeding to be liable for negligence or misconduct in the performance of a duty. The Corporation may purchase and maintain indemnification insurance for any person to the extent permitted by applicable law.

ARTICLE 10

Amendments

10.01. These bylaws may be amended or added to at any regular or special meetings of the Association upon the affirmative votes of two-thirds of the membership of the Association present and voting at a meeting.

The foregoing Bylaws were adopted by the Board of Directors on the 10th day of March 2022.

Signed