MFA By Laws

MAINE STATE FLORISTS’ AND GROWERS’ ASSOCIATION,
CONSTITUTION AND BYLAWS
Amended January 10, 2001

Art.I NAME

Sec.1 The name of this association shall be: Maine State Florists’ and
Growers’ Association. The abbreviation shall be MSFGA.

Art.II OBJECTIVES

Sec.1 MSFGA strives to provide for all members different educational opportunities during the year, at various locations in the state, through design shows, seminars, and trade fairs. These functions are intended to keep members up to date with the latest trends and advancements within the industries as well as to provide members with the opportunity to talk with each other to gain other perspectives into their operations in different areas of the state. MSFGA promotes the floral and nursery industry in other areas by: having its representatives go to various functions at the State House, meeting with the Commissioner of Agriculture coordinating design shows at public fairs to help their consumer education. MSFGA is always trying to find more ways to promote the industries of its members and to provide benefits to it's members.

Art.III BY-LAWS

Sec. 1 By-laws of this Association may be adopted or amended by a majority vote of the members that are present at any annual, regular, or special meeting called for that purpose provided that each member shall have been notified at least fifteen (15) days before said meeting.

Art.IV MEETINGS

Sec. 1 The annual meeting and other meetings shall be held at times designated by the Executive Board.

Sec. 2 A special meeting shall be called by the President, upon a majority vote of the Executive Board or upon the request of any seven voting members of the Association when the request is presented to him in writing. Members of MSFGA are to be given fifteen (15) days notice prior to the date of the special meeting.

Sec. 3 Robert's Rules of Order, Last Edition, shall be recognized as the authority regulating procedure at members’ meetings and at meetings of the Executive Board and Committee.

Sec. 4 A guest specifically invited by the President or Board of Directors in order to report to the Board shall have his/her dinner provided, not including any alcoholic beverages. Mileage will also be paid.

Sec.5 Voting:
A. Member's dues must be paid in order for him/her to have a voting
status.
B. A motion may be passed by a majority vote of the members that are
present at a meeting, providing that each member shall have been
notified at least fifteen (15) days before a meeting.
Sec.6 Attendance: Employees or guests of a member may attend any MSFGA
function at member prices.

Art.V NOMINATING COMMITTEE

Sec.1 The nominating committee shall consist of three active members appointed by the President and approved by the Executive Board.

Sec.2 This committee is responsible for making nominations for Officers and Executive Board Members. This committee shall make the names of nominees available to the membership at least thirty (30) days prior to the annual election at the January annual meeting.

Sec.3 This committee is responsible to inform each nominee of the duties, terms of office, and compensation for the office they are being considered for. This must be done prior to the time of the nominee's name is made available to the membership.

Sec.4 The term of appointment for nominating committee members shall be two (2) years, with one (1) of the three (3) appointments expiring the one year and two (2) of the three (3) appointments expiring the next year. A maximum of two (2) consecutive, two (2) year terms may be served by a member.

Sec.5 The nominating committee members shall be listed in MSFGA By-law publications.

Art.IV OFFICERS

The following officers shall be elected at each annual meeting by a majority vote of the members present: President, Vice President, Corresponding Secretary, and Assistant Treasurer. The Executive Secretary! Treasurer is an appointed office. If a vacancy occurs among the duly elected or appointed officers, such vacancy shall be filled for the remainder of the current year by a majority vote of the Executive Board.

Sec.1 PRESIDENT
A. Duties: The President shall be the chief executive officer and
shall preside at all meetings including that of the Executive
Board. He shall appoint such special committees as needed and
shall be an ex official member of the same.
B. Term of Office: the President shall serve for a one (1) year term
beginning with the adjournment of the annual meeting. A maximum of
two(2)consecutive terms may be held by the President.
C. Voting: the President may only vote if a tie occurs.

Sec.2 VICE PRESIDENT
A. Duties: In the absence of the President, the Vice President shall
perform all presidential duties.
B. Term of Office: The Vice President shall serve for a one (1)
year term beginning with the adjournment of the annual meeting. A
maximum of two(2)consecutive terms may be held by the Vice
President.
C. Compensation:
(1) Paid mileage for MSFGA Executive Board meetings.
(2) Pay for meals at MSFGA Executive Board meetings. This payment
does not include any alcoholic beverages or payment for spouses
or friends attending the meeting.

Sec.3 CORRESPONDING SECRETARY
A. Duties: The Corresponding Secretary shall keep a record of all
MSFGA meetings and shall perform such duties as are typical to
that office.
B. Term of Office: The Secretary shall serve for a one (1) year term
beginning with the adjournment of the annual meeting. There is no
maximum number of terms that the secretary may serve.

Sec.4 EXECUTIVE SECRETARY/TREASURER
A. Duties: The Executive Secretary/Treasurer shall be responsible for
the funds of MSFGA and make bank deposits accordingly. He/she
shall keep proper records pertinent to the office and act as
advisor regarding MSFGA financial matters. The Executive
Secretary/Treasurer shall be responsible for all phases of dues
collection, following procedures established by the Executive
Board. He/she shall provide expense sheets to the Officers,
Directors, and other requesting compensation. This position has a
non-voting status at Executive Board meetings.
B. Term of Appointment: The Executive Secretary/Treasurer shall serve
for a one (1) year appointment beginning with the adjournment of
the annual meeting. There is no maximum number of appointments
that the Executive Secretary/Treasurer may serve.
C. Bonding: The Executive Secretary/Treasurer must be bonded. Bonding
expenses shall be paid by MSFGA.

Sec.5 ASSISTANT TREASURER
A. Duties: The Assistant Treasurer shall oversee the auditing
committee.
B. Term of Office: The Assistant Treasurer shall serve for a one (1)
year term beginning with the adjournment of the annual meeting.
There is no maximum number of terms that the Assistant Treasurer
may serve.

Art.VII EXECUTIVE BOARD

Sec.1 Members: The Executive Board shall consist of the President, Vice President, Corresponding Secretary, Executive Secretary/Treasurer, Assistant Treasurer, eight (8) Directors, the immediate Past President, and up to six (6) advisors.
A. Voting Members: A total of twelve (12) members may vote, namely:
the President, Vice President, Corresponding Secretary, Assistant
Treasurer, and the with (8) Directors. The President may only vote
in the event of a tie vote, in order to break the tie. In other
words there are eleven (11) regular voting members. A majority of
the voting members shall constitute a quorum, hence at least six
(6)voting members must be present in order to conduct business at
an official meeting. Members must be present at meetings to vote.
B. Non-Voting Members: Members with a non-voting status are the
Executive Secretary/Treasurer, the immediate Past President, and
the Advisors.

Sec.2 Duties:
A. Business: The business matters of MSFGA shall be managed by the
Executive Board, which shall meet regularly for this purpose. It
has full power to make, amend, and enforce such rules and
regulations it may determine necessary for the proper conduct of
the business of MSFGA. It shall enforce the By-laws.
B. Attendance: The Executive Board shall have the authority to tender
the resignation of any member who is absent without good cause
from two(2)Executive Board meetings during the year between
elections.

Sec.3 Meetings:
A. The President may call an Executive Board meeting at any time
provided seven (7) days notice is given.
B. A petition to the President by a majority of the Executive Board
members shall provide sufficient justification for a special
meeting provided all Executive Board members are notified at least
(7)days in advance.

Sec.4 Terms of Office:
A. The President, Vice President, Corresponding Secretary, Executive
Secretary/Treasurer, and Assistant Treasurer shall be members of
the Executive Board while in their respective offices.
B. Directors shall be elected at the annual meeting by a majority
vote of the member present. The Directors term of office shall be
a maximum of two (2) consecutive four (4) year terms. If a vacancy
occurs among the duly elected Directors, such vacancy shall be
filled, for the remainder of flit current term, by a majority vote
of the Executive Board. In cases when a Director has been
appointed to complete somebody's unexpired term and that term
expires, then they shall be eligible for election of their own
four(4)year term. Terms begin with the adjournment of the annual
meeting.
C. The immediate Past President's term shall run in conjunction with
the current President's term of office.
D. The Advisors shall serve for a one (1) year term beginning with
the adjournment of the annual meeting. There is no maximum number
of terms that an Advisor may serve.
Sec.5 Compensation to all Executive Board members is covered in the
Operating Policies of Maine State Florists’ and Growers’ Association.

Art.VIII ADVISORS MEMBERSHIP

Sec. 1 Purpose: To have within our membership people from the State
Department of Agriculture, the University of Maine's Cooperative
Extension Service, and related organizations. These professionals
help keep the Executive Board up to date on legislation affecting
the industry and provide their expertise with dealing with horticultural education and awareness.

Sec.2 Duties: Advisors are members of the Executive Board of MSFGA.

Sec.3 Members: Advisors shall be listed in MSFGA By-law publications. There may be up to six (6) Advisors in MSFGA.

Sec.4 Privileges:
A. No annual dues payment required to be a member of MSFGA.
B. Registration fees shall be waived at any MSFGA sponsored meeting.
C. Voting privileges of a regular MSFGA member.
D. On MSFGA mailing list.
E. Compensation of Advisors is covered in the Operating Policies.

Sec.5 Term of Office:
See Art. VII, Sec. 4D

Art.IX HONORARY MEMBERSHIP

Sec.1 Purpose: To express thanks and recognition to people who served MSFGA with great dedication many years, but are no longer as actively involved with MSFGA.

Sec.2 Members: Honorary Members shall be listed in MSFGA By-law publications.

Sec.3 Privileges:
A. No annual dues payment required to be a member of MSFGA.
B. Registration fees shall be waived at any MSFGA sponsored meeting.
C. Voting privileges of a regular MSFGA member.
D. On MSFGA mailing list.

Art.X COMPLIMENTARY MEMBERSHIP

Sec.1 Purpose: To express thanks to people who currently assist MSFGA through their job ties with our industries.

Sec.2 Members: Complimentary Members shall be listed in MSFGA By-law publications.

Sec.3 Privileges:
A. No annual dues payment required to be a member of MSFGA.
B. Registration fees shall be waived at any MSFGA sponsored meeting.
C. Voting privileges of a regular MSFGA member.
D. On MSFGA mailing list.

Art.XI GENERAL MEMBERSHIP

Sec.1 Membership to MSFGA is open to people associated with horticulture or floriculture through business or educational ties. Any eligible person may apply to become a member of the association by first completing the association's application form. On the application form, there is an area for a sponsor. It is an optional requirement to have a sponsor, but it could expedite the application review process. The sponsor must be a member in good standing with MSFGA. The Membership Committee will review the form to see if the applicant meets the eligibility requirements herein specified. When applications are approved by the committee, the applicant shall then pay the current year's dues and become a member. Membership in the association is not transferable.
A. Retail Member: whereby the person owns, has part ownership or
manages a business. Qualifying businesses are retail flower shops,
greenhouses, garden centers and businesses that derive at least 75%
of the overall sales directly from the sale of flowers, plants and
related floral items to the general public. The business must
maintain a storefront-type facility that is visibly signed and open
to the general public. The business must present a copy of a sales
tax certificate. Growers must present a copy of their nursery
license. Membership in MSFGA can cover up to two retail locations.
If two locations are to be listed in the membership roster and are
both on the mailing list, the membership dues will be half again as
much as the current amount. If the business is not a Maine
business, it must be properly licensed in the state where it is
headquartered.
B. Wholesale Member: whereby the person owns, has part ownership,
manages or otherwise represents a company that supplies retail
florists, greenhouses and/or garden centers.
C. Associate Member: whereby the person is employed by a company or an
individual that is included within the “Retail” or “Wholesale”
categories.
D. Senior Member: whereby the person is retired from
the “Retail”, “Wholesale” or “Associate” categories.
E. Grandfathered Member: all members in good standing prior to January
14, 1998 who do not meet the membership criteria within shall be
grandfathered.
F. Consultants: persons giving expert advise to retail, wholesale or
freelance business in the horticulture or floriculture field.

G. Educators: all persons employed in the field of education on
elementary, secondary or graduate level. Membership is open to all
educators and not limited to the field of agriculture.
H. Freelance Floral Designers: this category enables membership in
MSFGA to those persons working in the field of floral design
without a storefront. Applicants must present a copy of their sales
tax certificate and be sponsored by a current MSFGA member in good
standing.
Sec.2 Voting Rights: One vote is allowed per membership at general meetings for every membership paid.

Sec.3 Dues payment is required in order to be a current member of MSFGA, dues are described in Art. XIII.

Art.XII STUDENT MEMBERSHIP

Sec.1 Student Membership is open to students currently enrolled in a horticulture or floriculture course. A student's application must have the signature of the school advisor or the signature of a MSFGA sponsoring member.
Sec.2 Students have non-voting status
Sec.3 Dues payment is required in order to be a current student member of MSFGA, dues are described in Art. XIII.

Art.XIII DUES

Sec.1 The Executive Board shall be empowered to fix the amount of annual membership dues.
Sec.2 Dues should be paid upon receipt of dues statement. Membership is based on a calendar year. If dues are not paid by March 31st, then membership shall be terminated.

Art.XIV NEW ENGLAND GREENHOUSE CONFERENCE

Sec.1 MSFGA shall provide a representative to serve on the New England Greenhouse Executive Board. This representative shall be appointed biannually.
Sec.2 When it is Maine's year to host the Conference, MSFGA shall provide such committee chairpersons as are appropriate.

Art.XV AUDITING COMMITTEE

Sec.1 The Auditing Committee shall comprise of the Assistant Treasurer and two(2)Executive Board member appointed by the President. The two (2) Executive Board members shall be appointed annually.
Sec.2 The Auditing Committee must inspect the general books, the checking accounts, the savings account and all Special Shows’ financial reports before the January Annual Meeting. An audit report must be given at this meeting.
Sec.3 If an individual on the auditing committee is involved with a Special Show, then they must abstain from the inspection on that particular report and have an alternate appointed for them by the President.
Sec.4 Members: The Auditing Committee members shall be listed in the MSFGA By-law publications.

Art.XVI OPERATING POLICIES

Sec.1 A set of Operating Policies exists to direct the Executive Board in conducting business for MSFGA. copy of the current Operating Policies will appear in each yearbook and is available to members upon request.

Art.XV AUDITING COMMITTEE

Sec.1 The Operating Policies are created and amended by the Executive Board.

MSFG&A JOB DESCRIPTIONS:
These duties are listed here so that when amendments are not required to the By-laws.

PRESIDENT:
* Attend all MSFGA functions. If unable to attend, make arrangements to
have the Vice President take over the President's role.
* Appoint all special committees and representatives, (advise the
Executive Board on selection(s) before appointing), i.e.
* Nominating Committee
* Auditing Committee
* Special Show Committees
* Special Function Committees
* Agricultural Day Representatives
* New England Greenhouse Conference Representative
* Attend Agricultural Commissioner's Luncheon as MSFGA representative.
* Make out Executive Board meeting agenda and submit to Secretary for
mailing.

VICE PRESIDENT:
* Attend all MSFGA functions, if unable notify the President.
* Attend Agricultural Commissioner's Luncheon with the President.
* Responsible for the whereabouts of MSFGA property and seeing that they
are in good working condition. Specific items being:
* Audio system
* MSFGA display booth and camera
Responsible for the selection of the MSFGA MEMBER OF THE YEAR.

CORRESPONDING SECRETARY:
* Attend all MSFGA meetings.
* Take minutes at all MSFGA meetings including general meetings and
* Executive Board meetings. The Corresponding Secretary shall be
responsible for getting a report from all special committee meetings.
* Send out copies of minutes from Executive Board meetings to all members
of the Executive Board.
* Handle all correspondence of MSFGA as directed by the President or the
Executive Board
* Send out notification of Executive Board meetings to all Executive
Board members and all invited guests.
* Send out notification of all general MSFGA meetings to all MSFGA
members.
* Report all correspondence at Executive Board meetings.
* Keep attendance records of all Executive Board members.

EXECUTIVE SECRETARY/TREASURER:
* Attend all MSFGA meetings.
* Handle all MSFGA funds and keep up to date records of same, i.e. dues,
show monies, fair moneys, I.C. System funds, interest on accounts, and
savings.
* Present at each MSFGA Executive Board meeting an itemized report of all
MSFGA fund transactions since the previous reporting date.
* Report to the Executive Board at the end of the year which members have
not paid their dues.

ASSISTANT TREASURER:
* Attend all MSFGA meetings.
* Present to the Executive Committee the reports from the auditing
committee.

DIRECTORS:
* Attend all MSFGA functions.
* Serve on the committee(s) deemed necessary by the President or Executive
Board.

ADVISORS:
* Attend all MSFGA functions.
* Act as a liaison between their agency or organization and MSFGA.
* Serve on the committee(s) deemed necessary by the President or Executive
Board.

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Copyright © Maine State Florists' and Growers' Association
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