BY-LAWS
ARTICLE I – NAME
The name of the Association may hereinafter also be known as the “NorCal Digital Coordination Council” or ”NCDCC”.
ARTICLE II – MEMBERSHIP
Section 1 CATEGORIES
a. Regular Membership is open to persons having a valid amateur call sign and a Digital Repeater or Digital Auxiliary Station coordinated by NCDCC.
b. Associate Membership is open to any individual having an interest in promoting the purposes of NCDCC.
Section 2 APPLICATION
a. Application for new (or renewal) membership shall be submitted to the Treasurer via the NCDCC Web site.
b. A grace period for renewal of membership shall extend for 90 days beyond the current membership expiration date; or until the General Meeting following said expiration, whichever time period is greater. After that date, any applications will be processed as new memberships, with the same stipulations and obligations applicable to new membership as stated elsewhere in these By-Laws.
c. The Treasurer shall verify and maintain records that the applicant’s license has not expired and that the applicant is eligible for membership.
d. New REGULAR MEMBERSHIP (or reinstatement of expired membership beyond the specified grace period) shall become effective sixty (60) days following receipt by the Treasurer of the following, fully completed documents:
1. Membership Application Form;
2. Copy of current, valid Amateur Radio License;
3. Check, Money Order, or Cash (if presented in person) or electronically via PayPal covering the ensuing year’s dues.
Section 3 RIGHTS OF MEMBERSHIP
a. Regular Members have a voice in the structure, policies, actions, and recommendations and a vote on such actions.
b. Associate Membership is open to any individual having an interest in promoting the purposes of the Association. ASSOCIATE MEMBERS may be recognized for comments on any proceedings currently under discussion, but shall not introduce motions, amendments, or nominations, and they will not be allowed to cast a vote.
Section 4 VOTING
a. Each Regular Member shall have one vote.
b. Proxy voting is not allowed.
c. REGULAR MEMBERS may vote by absentee ballot if they comply with the following requirements:
1. An absentee ballot may only be cast on published agenda items. If the question presented at the General Meeting is amended to be different from the issue proposed in the agenda, any absentee vote cast on that issue will be considered void.
2. The absentee ballot must be signed and dated by the issuing individual.
3. The absentee ballot must denote the specific item (or items) being voted upon and the specific vote (for each, if there are more than one).
4. To be counted, the absentee ballot must be in possession of the Secretary 48 hours prior to the commencement of any meeting where said voting is to take place. Absentee ballots which are mailed must arrive at the Association Post Office Box in compliance with the 48 hour requirement.
5. The REGULAR MEMBER submitting the absentee ballot must be in good standing and not in arrears on any dues or assessments.
ARTICLE III – OFFICERS
Section 1 ELECTION OF OFFICERS
a. Nominations for officers shall be from the floor at the Annual Meeting. Persons nominated for office must have been a regular member of the association for at least 1 full year prior to nomination. In addition up to two at large Board seats may be filled by associate members who have been members of NCDCC for at least 1 full year prior to their nomination.
The eight nominees with the highest number of votes shall be elected to the Board. The Board members will elect a President from amongst its members.
b. Balloting shall be in accordance with ARTICLE VI, Section 4.a of these By-Laws.
c. In the event of a vacancy of office a special election shall be held at the next General Meeting or immediately following action under ARTICLE III, Section 3. Advance notice of special elections is not required.
Section 2 TERM OF OFFICE
The term of elected office shall be two years.
Section 3 VACANCY OF OFFICE
a. An office may be declared vacant by the President if an elected member of the Board has two consecutive unexcused absences from Board meetings.
1. In the event of a vacancy the President can nominate a replacement to the seat. The nominee must be approved by a majority of the remaining Board members.
Section 4 DUTIES OF THE PRESIDENT
The President: Shall administer Association affairs; Shall appoint the Secretary, Treasurer, Director of Coordination, Director of Spectrum Management from elected Board members and appoint membership to all NCDCC committees. The President Shall preside at Meetings; Shall not vote, except in case of a tie, and shall then cast the deciding vote; Shall be an ex-officio member of all committees; Shall be an ex-officio member of the Coordination Boards but shall have no vote in assigning frequencies; and Shall be responsible for the Association adhering to its Constitution and By-Laws.
Section 5 DUTIES OF THE SECRETARY
The Secretary: Shall retain Association records; Shall record Meeting Minutes and prepare them for publication to members of the Association; Shall prepare Membership mailings in accordance with the By-Laws; Shall distribute official correspondence and committee reports as required; Shall ensure new Members receive a copy of the Constitution and By-Laws and provide copies to other members upon request; and Shall surrender Association Files to his successor.
Section 6 DUTIES OF THE TREASURER
The Treasurer: Shall maintain financial and real property and records of the Association; Shall collect Membership dues, fees, and assessments; Shall arrange that signatures of the President and Treasurer are registered with depositories of Association funds; Shall disburse moneys, and shall retain copies of bills, vouchers, and receipts to substantiate disbursements; Shall submit an annual budget at the Annual Meeting; Shall be subject to an annual financial audit normally in conjunction with his annual report, and at other times as required by the President; Shall surrender Association financial records to his successor; and Shall determine membership eligibility in accordance with these By-Laws.
Section 7 DUTIES OF THE DIRECTOR OF COORDINATION
The Director of Coordination is responsible for processing all coordination applications and shall make recommendations regarding coordination. It is the Director’s responsibility to ensure that spectrum is used efficiently and in accordance with all policies and bylaws as setforth herein. In addition the Director is responsible for appointing and presiding over the Coordination Board.
Section 8 DUTIES OF THE DIRECTOR OF SPECTRUM MANAGEMENT
The Director Of Spectrum Management shall gather data in support of any additional spectrum to be coordinated by NCDCC and make such recommendations to the Board of NCDCC.
The Director shall act as, or recommend to the NCDCC board an NCDCC Member (or Members) to represent NCDCC on other spectrum management organizations, to ensure the interests of the NCDCC.
ARTICLE IV – COORDINATION BOARD
Section 1 RESPONSIBILITIES
An appointed Coordination Board shall be responsible for monitoring of frequency usage, studies, surveys, research and findings on technical and engineering aspects of the Amateur Radio spectrum management, including the coordination of frequencies. Coordination must take into account usage of frequencies, adapting to changing technology and the best use of the Amateur Radio spectrum.
Section 2 ORGANIZATION
The Coordination Board shall have eight (8) members. One member of the Board shall be its permanent and refered to as the Coordination Manager. The Secretary will assist the Coordination Manager and shall maintain records, handle correspondence, and prepare the agenda for Board meetings. Each Coordination Board meeting shall be chaired by an agreed upon Member of the Board.
Section 3 ELECTION OF BOARD MEMBERS AND TERM OF OFFICE
Coordination Board positions shall have a term of two (2) years. Persons nominated for office must have been a regular member of the association for at least 1 full year prior to nomination. Nominees shall declare all system and club affiliations and any potential conflicts of interest. Conflicts of interest include (but are not limited to) existing, pending or anticipated coordination issues in which the nominee may have a direct or affiliated interest.
Coordination Board position numbers 1 and 2 shall be elected and begin at the first quarterly General Meeting of odd and even years respectively; positions 3 and 4 at the corresponding second quarterly General Meeting; positions 5 and 6 at the corresponding third quarterly General Meeting; and positions 7 and 8 at the corresponding fourth quarterly General Meeting.
Any vacancy in a current term shall be filled by special election at the next General Meeting. In the event that the current term of the vacant position would end 3 or less quarterly meetings after the special election, the elected individual shall serve for the remainder of the current term plus the subsequent 2 year term. In this case, the election that would normally be held at the end of the current term will be eliminated.
Section 4 FREQUENCY COORDINATION
Requests for frequency coordination shall be in writing to the Coordination Board. The Board shall coordinate frequencies based on applicant’s information, established policies, current sanctions, current activity in a given area and consistent with current or future techniques.
Section 5 MEETINGS
The Board shall meet at intervals of not to exceed sixty (60) days apart providing there is pending business. Special meetings may be called by the Coordination Board Secretary or Association President to conduct business that cannot be deferred until the next regular meeting.
Section 6 FINDINGS
A report of the Board’s resolutions shall be returned to the applicant as soon as practicable after each meeting. The Board shall publish a consolidated report of each meeting for periodic distribution to the membership.
Section 7 APPEALS
Final Determinations of the Coordination Board may be appealed by any adversely affected party upon giving written notice of appeal to the Association Secretary within thirty (30) days following the date of the Board’s Notice of Final Determination. After timely receipt of the written notice of appeal, the matter shall become an agenda item for the next General Meeting with resolution by vote.
Section 8 REMOVAL OF COORDINATION BOARD MEMBERS
A member of the Coordination Board may be removed for cause and the position declared vacant upon majority vote of the other members of the Coordination Board. In the event of such removal, or resignation by a Board member, a special election shall be held at the next General Meeting to elect a person to fill the unexpired term for the vacant position.
Section 9 CO-CHANNEL NOTIFICATION
The Coordination Board shall be required to notify co- and adjacent-channel users of actions or complaints regarding a frequency they have coordinated. Notification shall include publically-available information contained in the radio frequency coordination record.
ARTICLE V – MEETINGS
Section 1 GENERAL
a. General Meetings shall be preceded by a published agenda.
b. The Annual Meeting shall be the first meeting of the year, normally held in the first month of the new year.
c. Special Meetings may be limited to a specific subject or subjects.
d. The determination that the quorum requirement is satisfied shall be based solely upon those eligible REGULAR MEMBERS in attendance at the meeting.
Section 2 NOTIFICATIONS OF MEETINGS
a. Members shall be notified of a General or Special Meeting approximately 20 days in advance of the Meeting.
b. Notification shall contain at least the following information:
Type of Meeting;
Location, date, and time; and
Agenda, with estimated scheduling.
Section 3 ORDER OF BUSINESS
a. The business of a General Meeting shall be conducted in the following sequence:
1. Registration
2. Call to Order
3. Introductions
4. Approval of Previous Minutes
5. Treasurer’s Report & Approval
6. Correspondence
7. Committee Reports
8. Unfinished Business
9. Election of Officers
10. New Business
11. Next Meeting Date & Location
12. Adjournment
b. General Meetings shall be conducted in accordance with the Constitution and By-Laws and under parliamentary practices of Robert’s Rules of Order.
c. Special meetings shall follow an agenda deemed proper by the President.
Section 4 BALLOTING
a. Balloting at General Meetings and Special Meetings, unless otherwise specified by motion or statute, shall be a count of eligible votes, as determined by the Secretary.
b. The President may call any question by General Consent.
ARTICLE VI – COMMUNICATIONS
Section 1 COMMUNICATIONS
a. Official communications from the Association, such as Notice of Meetings, Coordination Board Reports, and Financial Reports shall be provided to each Member, and each Associate Member in a manner approved by the Board.
b. The Association may elect to maintain an Internet Website where these communications items are available. Information intended only for Members may be provided on pages, which are secured and are only accessible to Members.
c. Communications delivered to non-members recommended by the Chairman of the Public Relations Committee shall be provided in the most effective form as determined by the Secretary.
Section 2 CORRESPONDENCE
Communications or information concerning personal phone numbers, system control information, exact site location, or other personal information shall be considered confidential and may be withheld and handled accordingly by NCDCC.
ARTICLE VII – DUES
The dues for Regular Membership are established by the Board and the dues are subject to change at any time.
ARTICLE VIII – Coordination Guidelines
Applicants must have their station on-air based on the proposed application parameters when they apply for coordination.
Frequencies will be allocated on a first-come, first-served basis when proposed station is in compliance with their application parameters.
Full Coordination may be granted after 30 calendar days if no formal and verifiable objections have been filed from other primary co- and/or adjacent channel stations.
Coordination applications for spectrum coordinated by more than one coordinating body may be granted Recognized Coordination.
Applicants are encouraged to apply for coordination at all coordination entities for such spectrum.
Full Coordination is limited to spectrum under primary control by the NCDCC.
Recognized Coordination may be granted for spectrum administered by more than one coordination body.
Primary Stations are those coordinated by the NCDCC.
Constitution and Bylaws created on March 25, 2011 and Amended March 12, 2012.