Mine Safety Institute of America

Proposed and Enacted June 17, 1963. Amended June 12, 1967. Re-Amended June 14, 1971. Re-Amended June 19, 1978. Re-Amended June 20, 1982. Re-Amended June 13, 1994. Re-Amended June 23, 1998.

ARTICLE I

The organization heretofore known as the Mine Inspector’s Institute of America shall henceforth be known as the Mine Safety Institute of America.

ARTICLE II Mission of the Institute

Section 1. The mission of the organization is: The dissemination of both practical and technical mining knowledge among the members for the purpose of protecting the health and safety of all persons employed in and about the mines, and for the protection of mining properties, and the conservation of natural resources relating to mining. To foster communication and working relationships between all parties charged with and/or having an interest in the health and safety of persons in the mining industry. To accomplish such other purposes as will be conducive to the general welfare of the mining industry.

ARTICLE III Membership

Section 1. The membership of this Institute shall consist of: “Members” shall include all persons engaged in, or having an interest in, the health and safety of miners, the protection of mine properties and the conservation of natural resources relating to mining commissioned by a State, Commonwealth, Province, County or by a foreign nation to act as Mine Inspectors, or Chief Officer of a state mine inspection agency; all persons employed by the Federal Government charged with protecting the health and safety of miners; all persons engaged in safety or responsible supervisory work in or around mines or in teaching safety pertaining to mines; all persons in a responsible position in the manufacture or distribution of equipment for the promotion and the preservation of safety for mine or mining employees; all persons in responsible positions with labor organizations of mining employees; and all mining safety and engineering employees of Mining and Workmen’s Compensation Liability insurers.

“Life Members” shall include all Members who have retained their membership for twenty-five (25) years. “Honorary Members” may be elected by a unanimous vote of the registered members in attendance at any regularly convened meeting. Honorary Membership shall be conferred only for some distinct service, or services, rendered in furtherance of the purposes and objectives of the Institute.

Section 2. Application for Membership Persons eligible for membership in the Institute shall file an application with the secretary/treasurer.

Section 3. Loss of Membership All members, without exception, having been accepted into membership by the Institute, shall have continuous membership subject to the conditions of subsections (b) and (c) as follows: At the close of each annual meeting, all members subject to the payment of dues, whose dues have not been paid, shall be notified by the Secretary/Treasurer of the amount in arrears, and, if (12) months have elapsed following such notification, and the arrears have not been paid, the name of the delinquent shall be dropped from the membership roles. Following such removal from membership, to become eligible for restoration of membership, the person shall reapply for membership according to Section 2 of this constitution after a twelve (12) month waiting period.

Section 4. Annual Dues, Fees, and Assessments. Annual dues payable shall be paid to the Secretary of the Institute on or before the date of the annual meeting for the ensuing year, according to the following schedule: The annual dues for Members shall be fifteen ($15) dollars. Annual dues for retired members shall be ten ($10). Life Members and Honorary Members shall be exempt from the payment of dues and from payment of any assessments that may be authorized. Pre-payment of dues shall be permitted. In the event a member shall pre-pay dues to guarantee twenty-five (25) years membership, that member shall not receive Life Membership status, card, or certificate until after actually having served the required twenty-five (25) years as a member. There shall be charged all members in attendance at an annual meeting of the Institute, a convention fee payable to the host of the Institute on or before the date of the annual meeting, as part of the cost of holding the annual meeting. A convention fee, established by the host, shall also be charged to, and be paid by or for, all visitors or guests to the meeting before any badge or tickets admitting such visitors or guests to the convention sessions or events shall be issued. Retired members, along with their spouses, shall each be charged a convention fee established by the host. No person, or persons, not in possession of a valid badge, or other credentials, showing such Convention Fee to have been paid, shall be admitted to any session of an annual meeting, or to any of the social or entertainment events in conjunction with an annual meeting of the Institute.

Section 5. Voting Rights; Right to Hold Office Only regular Members, Life Members, and Honorary Members shall have the right to vote on Institute affairs or to hold any office in the Institute.

ARTICLE IV Officers

Section 1. The officers of the Institute shall consist of a President, three Vice-Presidents, a Secretary-Treasurer, and an Assistant Secretary-Treasurer. The officers of the Institute, acting as a body, shall constitute an Executive Committee authorized to pass on any and all matters that require prompt action at a time when the Institute is not in session. Article III shall not be subject to any action, alteration, or amendment by the Executive Committee.

Section 2. The officers of the Institute shall be elected by ballot, or by acclamation, at the annual meeting of the Institute and shall hold office for one year, or until their successors are elected.

Section 3. The offices of President, and First, Second and Third Vice Presidents can only be held one year, or to the succeeding election, and the incumbent will then not be eligible for re-election to succeed himself or herself. Except for resignations or death, the vice presidents shall rotate from third vice president to president, one position each year. In the event of death or resignation of any officer, that member who has succeeded, or who has been appointed, to serve the unexpired term so caused, may be eligible to election to that office for an ensuing year.

Section 4. Compensation of Officers The President, Vice Presidents, Secretary-Treasurer and Assistant Secretary-Treasurer of the Institute shall receive no compensation other than the necessary expense of the conduct of the affairs of their offices.

ARTICLE V Nomination and Election of Officers

Section 1. Nominations At the board of directors meeting preceding the annual meeting, the Nominating Committee shall prepare a list of nominees for each office after carefully considering the qualifications of all possible candidates.

Section 2. Elections At the annual business meeting, the President, or other Presiding Officer, shall announce the Election of Officers; he shall request the report of the Nominating Committee, and thereafter shall open the election to nominations from the convention floor. In the event there shall then be nominees for any office proposed and seconded from the floor, in addition to those proposed by the Nominating Committee, the nominees for each office shall be voted upon separately and in turn.

ARTICLE VI Duties of Officers

Section 1. It shall be the duty of the President to preside over and maintain order at all regular meetings of the Institute, Board of Directors’ meetings and at all regular and special meetings of the Executive Committee. The President, upon taking office, shall appoint all standing Committees, and such special committees as may be required, and shall use his or her best efforts and judgment to promote the objectives of the Institute.

Section 2. It shall be the duty of each of the Vice Presidents to assist and cooperate with the President and, in the absence of the latter, to preside at any meeting, in the order in which they are named, and perform such other duties as devolve upon the President.

Article VI Continued

Section 3. It shall be the duty of the Secretary/Treasurer to attend all meetings of the Institute, regular and special, and take notes to provide official records of such meetings. The Secretary/Treasurer shall be the custodian of all records belonging to the Institute and shall keep an accurate membership roll, showing payments of dues and delinquencies. The Secretary/Treasurer shall conduct all correspondence relative to the affairs of the Institute, and make the necessary arrangements for holding the annual meetings, sending out to all members due notice of the time and place of meeting and giving what information he or she can regarding transportation and hotel rates. It shall be the duty of the Secretary/Treasurer to receive and hold, in the name and in trust for the Institute, all moneys. The Secretary/Treasurer shall pay out such amounts as may be ordered from time to time, by the vote of the Executive Committee, in defraying the expense of the Institute. Such payments shall be made only by checks properly signed by the Secretary/Treasurer. The Secretary/Treasurer shall keep an accurate account of all moneys received and disbursed, including the receipts of dues and necessary expenditures and have such accounts properly balanced each year in readiness to be audited by the Auditing Committee, at or just prior to the annual meeting of the Institute.

Section 4. It shall be the duty of the Assistant Secretary/Treasurer to aid the Secretary/Treasurer in the performance of the Secretary/Treasurer’s many duties and responsibilities, and officiate in the absence of the Secretary/Treasurer.

ARTICLE VII Board of Directors

Section 1. Each state with membership in the Institute shall be eligible for representation on the Board of Directors. The State Mining Head or Designee shall be a standing member on the Board of Directors. Other persons to be considered for appointment to the Board shall be selected by the present board members. Any person considered must be in good standing with the Institute. Directors must actively participate in the institute. Directors who fail to attend two consecutive meetings will be contacted by the Secretary/Treasurer to determine their interest in remaining on the Board. This matter, including the reason for their absence, will be brought before the Board at the next scheduled meeting to determine if their membership on the Board should continue. The Board’s decision will be conveyed to the affected member. Section 2. It shall be the duty of the Board of Directors to establish the policies necessary for the guidance of the officers in carrying out the objectives and transacting the business of the Institute.

Section 3. Any Director unable to attend may select and send as an alternate any other member in good standing from his state to act for him at such meeting.

Section 4. Robert’s Rules of Order shall govern the deliberations of all the meetings of the Board of Directors and Executive Committee.

ARTICLE VIII Committees

Section 1. The following committees consisting of five (5) members each from the board of directors shall be appointed by the incoming president and serve a term of one (1) year. Program/Host Committee – shall arrange for the necessary speakers, discussion leaders and other features that may complete a most satisfactory program on mining or kindred subjects for the annual meeting and assist in the administration of the annual meeting. Auditing Committee – shall audit the financial records of the organization and submit a written report of its findings at the board of directors meeting and annual meeting. Membership Committee – shall act on all membership issues and assist the secretary/treasurer in maintaining an accurate membership list. Constitution Committee – shall review constitution and by-laws and recommend appropriate changes to the board of directors and membership. Nominating Committee – shall provide a list of nominees for each office to the membership at the annual business meeting. Resolutions Committee – shall identify for the record the voice and attitude of the institute in relationship to the good and well being of the organization.

ARTICLE IX Meetings

Section 1. Meetings of the Institute shall be held once each year, and at such place as may be designated by a majority vote of the registered members in attendance, prior to the adjournment of a previous meeting, in accordance with Constitution and By-Laws, as amended. The dates of the forthcoming meeting shall be determined by the program/host committee and the host state.

ARTICLE X Amendments

Section 1. The Constitution, Rules and By-Laws of the Mine Safety Institute of America may be amended in any of its Articles, Sections, or Sub-sections only at a regular annual meeting of the Institute by a two-thirds (2/3) majority vote of the eligible, registered members in attendance; provided that, All proposed amendments shall be submitted, in writing, to the Secretary of the Institute prior to the annual meeting at which such amendments are to be considered. Proposed amendments shall be reviewed and approved at the board of directors meeting. The proposed amendment shall be announced at the business session of the annual meeting. The proposed amendment must be voted on at the business session and passed by a 2/3 majority vote of the eligible members in attendance.

Section 2. The Constitution, Rules and By-Laws of the Mine Safety Institute of America, or any of its Articles, Sections, or Subsections, shall not be suspended for the proposal, consideration, or enactment of any matter not in accordance with any Article or Section of any Article of the Constitution, Rules and By-Laws.

ARTICLE XI RULES AND BY-LAWS

Section 1. All sessions of the Institute, except sessions of Board of Directors and the Executive Committee, shall be open to all persons interested in the advancement of Safety in the Mining Industry.

Section 2. A session of the Board of Directors may be called at any time by the President of the Institute, and at any time during an annual meeting of the Institute by a majority vote of the registered members in attendance at that meeting, to consider and act upon any and all matters properly subject to action by that Board.

Section 3. Information regarding business transacted by this Institute at executive sessions shall be given out for publication only by the President and the Secretary/Treasurer, and those officers shall be held responsible to the Institute for the accuracy of all such information. All other members are forbidden to give such information to any person or parties for the purpose of circulation or publication.

Section 4. Resolutions adopted at any annual meeting expressing the position of the Institute in relation to questions of essential importance to the mining industry shall be printed in the meeting minutes.

Section 5. Order of Business To govern the annual meeting of the Institute in an orderly manner, the following shall be the order in which business of the meeting shall proceed: Call to Order; Open the Convention Addresses of Welcome; Responses Address on Informational, Educational, or Interesting Subject Reading and Approval of Minutes of Previous Meeting Reading of Communications Reports of Committees Program/Host Committee Auditing Committee Membership Committee Constitution Committee Nominating Committee Resolutions Committee Report of Secretary/Treasurer Unfinished Business New Business Discussion of Proposals “for the good of the institute” Election and Installation of Officers Comments from outgoing and newly elected president and appointments of standing committees for the ensuing year Choice of Location for next meeting Adjournment