By-laws
New Hampshire Pyrotechnic Association, Inc.
A New Hampshire Non-Profit Corporation
I Purpose
The purpose of the association shall be to promote and encourage safe, legal and artful pyrotechnic
operation through training, demonstration and exchange of information.
I.1 Safety
The association will follow the safety guidelines established by the New Hampshire Pyrotechnic
Association, Inc. and any applicable federal, state and local laws.
I.2 Professional Development
The association will promote the professional development of its members by training in all aspects
of safe pyrotechnic design, construction and use, and to work toward a goal of interested members
becoming certified as fireworks display operators by the State of New Hampshire.
I.3 Information
The association will serve as a clearinghouse for members in information exchange and technical
assistance related to pyrotechnics.
I.4 Representation
The association will represent the interests of members involved in the pyrotechnic art in New
Hampshire.
II Offices
The principal office of the corporation in the State of New Hampshire shall be located in Merrimack,
New Hampshire. The corporation may have such other offices, either within or without the State of
New Hampshire as the officers of the corporation may designate or as the business of the
corporation may from time to time require.
Ill Meeting of Incorporators
There shall be a meeting of the Incorporators, upon filing the Articles of Incorporation with the State
of New Hampshire.
III.1 Notice of Meeting
Written or printed notice stating the place, day and hour of the meeting and, in the case of a special
meeting, the purpose or purposes for which the meeting is called shall be delivered not less than five
(5) nor more than thirty (30) days before the date of the meeting, either personally or by mail, by or
at the direction of the President, or the Secretary, or the officer or persons calling the meeting, to
each member.
1 Revised 3/07
IV Officers of the Corporation
IV.1 General Powers
The business and affairs of the corporation shall be managed by its officers. The officers shall, in all
cases, act as an executive committee and they may adopt such rules and regulations for the
conduct of their meetings and the management of the corporation as they may deem proper,
consistent with these By-Laws and the laws of this state and subject to the approval of the
membership.
IV.2 Number, Tenure, Qualifications
The number of officers of the corporation shall at all times be at least five (5), with the maximum
number as deemed necessary by the membership. The officers shall serve until replaced.
IV.3 Election of Officers
The membership shall elect, at minimum, from among their members, a President, Vice President,
Secretary, Treasurer, and Newsletter Editor to serve as officers of the corporation. Other offices
such as Member at Large or Membership Secretary may be added or deleted from the ranks as
deemed necessary by majority vote of the membership at any regular business meeting.
IV.3.1 Nomination
All nominations must be made, in person or in writing, at the regularly scheduled
general business meeting in the month of February. After nominations have closed,
the President shall appoint a Judge and two Tellers, none of whom shall be
candidates, to have charge of the proper conduct of the election.
IV.3.2 Election
Election shall be conducted as the first order of business, and before the opening of the regular
business meeting at the next business meeting following the February nominations. The election will
be by secret ballot of a majority vote of the membership present. The President shall appoint a
Judge of Elections and 2 tellers from the membership present. Every member in good standing will
receive an official ballot, which he/she shall mark alone. The eligibility of members to vote must be
verified. The total of each candidate’s votes shall be recorded on a recapitulation sheet, which must
be signed by the Judge and Tellers, and delivered to the President at the meeting. The Judge of
Elections, in conjunction with at least one Teller, shall open and count the ballots, and prepare tally
sheets. It shall be the duty of the Secretary to preserve the ballots and all other records pertaining to
the election for a period of one (1) year. The President shall then read the results to the membership
at the meeting. Those candidates receiving the highest number of votes shall be declared elected.
Any candidate shall have the right to have an observer present at the counting of the ballots. If there
is only one (1) candidate for any office, the Secretary shall cast a unanimous ballot for that
candidate and the same shall dispense with the requirement of a secret ballot vote for that office. In
the event of a tie vote for any office, a special run-off election shall be conducted, as soon as
practicable.
2 Revised 3/07
An absentee ballot for members in good standing, who are unable to attend the business meeting,
may be requested through the Secretary. Absentee ballot return envelopes must be postmarked 7
days prior to the actual business meeting day in order to be accepted and counted.
IV.4 Manner of Acting
The act of the majority of the officers present at an executive committee meeting at which a quorum
is present shall be the act of the officers.
IV.5 Newly Created Offices and Vacancies
Vacancies occurring in the executive committee for any reason may be filled by a majority vote of
the remaining officers of the executive committee, on a temporary basis, until the next business
meeting of the association.
IV.6 Resignation
An officer may resign at any time, by giving verbal or written notice to at least two (2) members of the
executive committee of the corporation. Unless otherwise specified in the notice, the resignation
shall take effect upon receipt thereof by the committee, or such officer and the acceptance of such
resignation shall not be necessary to make it effective.
IV.7 Presumption of Assent
An officer of the corporation who is present at a meeting of the executive committee at which action
on any corporate matter is taken, shall be presumed to have assented to the action taken unless
he/she shall file his/her written dissent to such action with the person acting as the Secretary of the
meeting before adjournment thereof, or shall forward such dissent by registered mail to the
Secretary of the corporation immediately after the adjournment of the meeting. Such right of dissent
shall not apply to an officer who voted in favor of such action.
IV.8 Executive and Other Committees
The officers of the corporation are the executive committee. Other committees are enumerated in
Section VI.
IV.9 Minutes
The Secretary, or in the Secretary’s absence, a member chosen by the President, shall keep the
minutes of all business meetings.
IV.10 Order of Meetings
All meetings shall be conducted by Robert’s Rules of Order, except as provided in these By-Laws.
The President or his/her appointee shall preside at the meetings. The voting body, at a meeting,
may vote by majority to temporarily suspend the rules of order as they see fit.
IV.11 Annual Meeting
An annual meeting of the executive committee shall be held in March of each year, after, and at the
same place as the annual meeting of New Hampshire Pyrotechnic Association, Inc., a Non-Profit
Corporation, without other notice than this By-Law
V. General Business Meetings
Meetings of the general membership shall be held monthly, with such exceptions as may be decided
from time-to-time. The time and place of such meetings will be duly notified to the membership by the newsletter. Such general business meetings may conduct any business of the corporation, by
majority vote, except as provided in these By-Laws.
3 Revised 3/07
V.1 Quarterly and Special Meetings
The executive committee shall hold regular meetings, at a minimum, quarterly, at a time and place
to be designated by resolution of the committee. Special meetings of the executive committee may
be called by, or at the request of the President, or any two (2) officers, or by the President at the
request of ten percent (10%) of the members in good standing. The person, or persons, calling
special meeting of the executive committee may fix the place for holding any special meeting of the
committee.
V.2 Order of Business
The order of business at all meetings of the executive committee shall be as follows:
1. Reading of Minutes of Preceding Matter
2. Reports of Committees
3. Reports of Officers
4. Unfinished Business
5. New Business
Revised: V.3 Notice
Notice of any quarterly, or special meeting shall be given at least five (5) days
previously thereto by written notice delivered personally, or mailed to each officer at
his/her personal or business address, or e-mailed to each officer at his/her personal
or business e-mail address. If mailed, such notice shall be deemed delivered when
deposited in the United States Mail so addressed, with postage thereon prepaid. If
notice is given by e-mail, such notice shall be deemed delivered when confirmation
of “e-mail sent” appears on sender’s computer screen. The attendance of an officer
at a meeting shall constitute a waiver of notice of such meeting, except where an
officer attends a meeting for the express purpose of objecting to the transaction of
any business because the meeting is not lawfully called or convened.
V.4 Quorum
V.4.1 General Meeting
A quorum, at a meeting of the general membership shall consist of at least twelve
(12) members or 10% of the number of members in good standing on record,
whichever is less.
V.4.2 Executive Meeting
At any meeting of the executive committee, a majority of the elected officers shall
constitute a quorum for the transaction of business, but if less than said number is
present at a meeting, a majority of the officers present may adjourn the meeting from
time to time without further notice.
V.5 Order of Meetings
All meetings shall be conducted by Robert’s Rules of Order, except as provided in
these By-Laws. The President or his/her appointee shall preside at the meetings.
The membership, at a meeting, may vote by a majority, to temporarily suspend the rules of order, as they see fit.
4 Revised 10/96
V.6 Order of Business
The order of business at all meetings of the general membership shall be as follows:
1. Reading of Minutes of Preceding Meeting
2. Reports of Committees
3. Reports of Officers
4. Unfinished Business
5. New Business
6. Good of the Association
V.7 Minutes
The Secretary, or in the Secretary’s absence, a member chosen by the President, shall keep
the minutes of all business meetings.
VI Committees
VI.1 Site Committee
The Site Committee shall locate a site to safely shoot fireworks, and shall obtain a legal
permit for club members to shoot, including whatever advocacy is necessary. The
chairperson will be appointed by the President.
V1.2 Safety
The Safety Committee shall be established to oversee and insure safe shooting at the
selected site and in all association activities. It will establish written safety rules, in
compliance with federal, state and local laws. The chairperson will be appointed by the
President.
VI.3 Legal Affairs
The Legal Affairs Committee shall advise membership of legislative affairs that affect the
membership and the pyrotechnic arts.
VI.4 Newsletter
The Newsletter Chairperson, also referred to as the Editor, shall distribute to the
membership, and qualified interested parties, a newsletter that contains pyrotechnic related
information. The Editor will see that the newsletter is edited, printed, stamped, and mailed to
members who have paid to receive the newsletter. The costs for printing and mailing of the
newsletter are paid out of the general fund. The newsletter shall be published monthly,
except when approval from the officers is given to do otherwise. The Editor will consult with
other officers or knowledgeable people, when publishing material that could cause harm to
the corporation.
VII Membership
VII.1 Approval
Primary membership of the association shall be open to those who are eighteen (18) years of
age or older, and who are pyrotechnicians or other persons interested in the safe design,
development and display of fireworks. Membership is by application, reviewed by the
executive committee, and accepted by a majority vote of the membership in attendance at
the regular business meeting. Criteria for membership will be established by the executive committee and approved by the membership. Active members will, at the time of annual
renewal of membership, reaffirm in writing their intent to abide by the By-Laws of the
association, specifically, the Purpose of the Association as stated in Section 1.
5 Revised 10/96
VII.2 Dues
Membership categories and dues structure will be voted on and decided by a majority vote of
the membership. The dues structure and costs may be reviewed from time to time and
changed by a majority vote of the membership at a regular business meeting. All dues will
be paid at the beginning of each year, and are payable on or before January 1st. . Members
have 30 days to satisfy this commitment to remain a member in good standing. After 30
days, the person will become an inactive member. Additional fees such as initiation fees,
late fees, pro-rated memberships or other such dues related items may be discussed and
satisfied by a majority vote a at general business meetings.
Additionally, any person may apply for the NHPA Subscription Only Membership. This
member will receive NHPA newsletter issues from January-December, with no other rights of
Active NHPA membership.
.
VII.3 Membership Safety
Members agree to abide by the Safety Guidelines adopted by the association, as well as
applicable federal state and local laws. Violation of the Safety Guidelines will result in the
immediate suspension of the member(s). The suspended member(s) will remain suspended
until the grievance procedure is initiated.
VII.4 Membership Benefits
Membership benefits will include receiving newsletters and other information of interest,
regularly scheduled meetings, training, and such other benefits, as established by the
executive committee.
VII.5 Member in Good Standing
A member will be considered in good standing when dues are paid, subject to Section VII.6.
A member is further defined as being Active when his/her dues are current and he/she is a
member in good standing. Only Active members may vote. Further, a member whose dues
are thirty (30) days in arrears becomes an In active member and remains as an Inactive
member for a period of ninety (90) days before being dropped from the membership rolls.
Inactive members who continue to meet the criteria for admission to the NHPA can become
Active by completing the following; 1) Filing a new application for membership; 2) Paying
current dues and/or late fees or initiation fees in accordance with the established fee
schedule.
VII.6 Membership Termination/Suspension
Membership will be terminated when a member displays conduct not in the best interests of
the association. A member may be suspended by a two-thirds (2/3) vote of the executive
committee, until the next general meeting, at which time the membership shall, by two-thirds
(2/3) vote, terminate the membership, or failing a two-thirds (2/3) vote, reinstate the
membership, or by majority vote, postpone action for a maximum of one (1) general meeting.
A membership which has been suspended will remain suspended until a final decision is
reached.
6 Revised 10/96
VII.7 Reinstatement
A member whose membership has been suspended or terminated, in accordance with
Section Vll.6, shall have the right to apply for reinstatement of membership. Action on such
reinstatement shall be voted on by the membership, upon the recommendation of any
member of the executive committee. Reinstatement may be requested immediately, if new
information regarding the cause for termination becomes available, or in such other cases as
any member of the executive committee feels appropriate. Reinstatement may be
requested, in other cases, after a period of not less than six (6) months, and not more than
once in a calendar year. Reinstatement requires a vote of two-thirds (2/3) of the
membership.
VIII Officers
VIII.1 Removal
Any officer or agent elected by the membership may be removed by a majority of the
executive committee if in their judgment the best interest of the corporation would be served
thereby. The removal will be temporary, for a period not to exceed thirty (30) days, until the
membership, by a two-thirds (2/3) majority in attendance at the next business meeting,
approves the removal.
VIII.2 Vacancies
A vacancy in any office because of death, resignation, removal, disqualification, or
otherwise, may be filled by majority vote of the membership, for the unexpired portion of the
term.
VIIl.3 President
The President shall be the principal executive officer of the corporation and, subject to the
control of the membership shall, in general, supervise and manage all of the business and
affairs of the corporation. He/she shall, when present, preside at all meetings of the
membership and of the executive committee, He/she may sign, with the Treasurer or any
other proper officer of the corporation thereunto authorized by the membership, certificates
for shares of the corporation, any deed, mortgages, bonds, contracts, or other instruments
which the executive committee have authorized to be executed, except in case where the
signing and execution thereof shall be expressly delegated by the executive committee or by
the By-Laws to some other officer or agent of the corporation, or shall be required by law to
be otherwise signed or executed; and in general, shall perform all duties incident to the office
of President and such other duties as may be prescribed by the executive committee from
time to time.
VIIl.4 Vice President
The Vice President shall perform all duties of the President in the President’s absence and
shall perform such other duties as assigned by the President or executive committee.
VllI.5 Secretary
The Secretary shall keep the minutes of meetings in one or more books provided for that
purpose; see that all notices are duly given in accordance with the provisions of these
By-Laws, or as required; be custodian of the corporate records and of the seal of the
corporation; and, in general, perform all duties incident to the office of Secretary and such
other duties as may from time to time be assigned to he/she by the President, or by the
executive committee.
7 Revised 10/96
VIII.6 Treasurer
The Treasurer shall have charge and custody of, and be responsible for, all funds of the
corporation; receive and give receipts for, moneys due and payable of the corporation, from
any source whatsoever, and deposit all such moneys in the name of the corporation in such
banks, trust companies or other depositories as shall be selected in accordance with these
By-Laws and, in general, perform all of the duties as from time to time may be assigned to
he/she by the President or by the executive committee.
VIII.7 Member at Large I
The member at large shall represent the general membership on the executive committee. The
member at large shall not have any direct duties, except for those duties assigned by the President
or the executive committee.
VIII.8 Member at Large II
The member at large shall represent the general membership on the executive committee, The
member at large shall not have any direct duties, except for those duties assigned by the President
or the executive committee.
VIII.9 Newsletter Editor
The Newsletter Editor shall be ex officio a Member at Large. The editor
shall, in cooperation with the members and Executive Committee solicit,
prepare and edit pyrotechnic news and articles for publication in the
Association’s newsletter. The publication will normally be produced 12 times
during the calendar year but may vary from time to time. The Editor shall solicit,
identify and evaluate potential content; edit content and research topics to assure
copy accuracy and establish deadlines. The Editor will see that the newsletter is edited,
printed, stamped, and mailed to all members in good standing, and such other recipients
as the Association may from time to time decide, as: Other Pyrotechnic Associations, Authorities
having Jurisdiction, Complimentary Members as approved by the Association.
VIII.10 Membership Secretary
The Membership Secretary shall support the club and executive committee by managing all facets
of membership. The duties includes, but are not limited to, updating, printing and mailing
membership applications; receiving and reporting membership applications; recording, monitoring
membership lists; printing and distributing membership cards; reporting on membership numbers,
trends and any other information deemed useful by the active members.
VIIl.11 Salaries
The membership shall fix the salaries and other remunerations of its officers.
IX Contracts, Loans, Checks, and Deposits
IX.1 Contracts
The membership may authorize any officer or officers, agent or agents, to enter into any contract, or
execute and deliver any instrument, in the name of, and on behalf of, the corporation. Such authority may be general or confined to specific instances.
8 Revised 10/96
IX.2 Loans
No loans shall be contracted on behalf of the corporation, and no evidences of indebtedness shall
be issued in its name, unless authorized by a resolution of the membership. Such authority may be
general or confined to specific instances.
IX.3 Checks, Drafts, etc.
All checks, drafts, or other orders for the payment of money, notes, or other evidences of
indebtedness issued in the name of the corporation, shall be signed by such officer or officers, agent
or agents of the corporation and in such manner as shall from time to time be determined by
resolution of the membership. The Treasurer must be notified immediately of all transactions.
IX.3.1 Spending Limits
In addition to funds approved at a regular business meeting, the Treasurer shall be limited to
spending two hundred dollars ($200.00) and the executive committee to spending five hundred
dollars ($500.00) between business meetings. All such expenses must be reported at the next
business meeting. A majority of the membership in attendance at a business meeting must approve
any expenditure over five hundred dollars ($500.00).
All funds of the corporation not otherwise employed shall be deposited from time to time to the credit
of the corporation in federally insured banks, trust companies, or other trusts as the executive
committee may select or defer to Treasurer.
X Grievance Procedure
X.l
A member may file a complaint against any other member, for actions not in the best interest of the
association.
X.2
A complaint may be filed at any time and must be delivered in writing to the Secretary and members
of the executive board within one (1) year of the alleged offense.
X.3
The Secretary will deliver a copy of the complaint to the accused. Delivery is to be made by certified
mail, return receipt requested.
X.4
The accused will reply, in writing, to the Secretary, within seven (7) days of receipt of the complaint.
The date is determined by the postmark (date of mailing). If the accused does not respond, the
executive committee may then take action without a hearing.
X.5
Upon receipt of the accuser’s statement, the Secretary will deliver both statements to the executive
committee. The executive committee will decide if the case warrants a hearing. The decision is to be
based on the best interests of the association.
9 Revised 10/96
X.6
If the executive committee elects to have a hearing, a review board of three (3) people will be drawn
by lot from the general membership attending the next business meting. The review board will have
a non voting Secretary. Alternates, chosen by lot, may not be challenged. Any member may petition
the executive committee to be relieved from having to serve on a review board.
X.7
The hearing will be held after the regular business meeting. The hearing will be private, involving the
review board, its Secretary, the parties involved and their witnesses. Testimony will be given by both
parties and their witnesses only.
X.8
The review board recommendation is to be made by a majority vote. The review board will make
their recommendation within seven (7) days of the hearing. They may recommend: acquittal,
probation, suspension (not to exceed one (1) year), or expulsion.
X.9
The executive committee will vote on whether to accept the recommendation of the review board.
Both parties will be notified of the decision and of the action taken. Recommendations for expulsion
must be approved by a two-thirds (2/3) vote of the general membership present at the next regular
business meeting.
XI Fiscal Year
The fiscal year of the corporation shall begin on the first day of January in each year.
XII Seal
The executive committee shall provide a corporate seal which shall be circular in form and shall
have inscribed thereon the name of the corporation, the state of the corporation, year of corporation,
and the words, ‘Corporate Seal’,
XIII Waiver of Notice
Unless otherwise provided by law, whenever any notice is required to be given to any incorporator,
or officers of the corporation under the provision of these By-Laws, or under provisions of the
Articles of Incorporation, a waiver thereof in writing, signed by the person or persons entitled to such
notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of
such notice.
XIV Amendments
The By-Laws may be altered, amended, or repealed and new By-Laws may be adopted by a
two-thirds (2/3) majority vote of the membership, by mail ballot, generally, as provided in Section
IV.3.2 Election of Officers. Such ballot shall take place after discussion at two (2) general business
meetings. In no event may any amendments be made which would affect the corporation’s
qualification as a tax-exempt organization pursuant to Section 501(c)(3) of the Code, or
corresponding section of any future federal tax code.
XV Non-Discrimination
The corporation shall not discriminate against any person in any manner on the basis of sex, race, religion, handicap or ethnic origin.
10 Revised 10/96
XVI Limitation of Liability
Unless otherwise expressly authorized by the executive committee, the membership and officers
shall serve without compensation and, pursuant to Section 508:16 of New Hampshire Revised
Statutes Annotated, shall not be liable for bodily injury, personal injury or property damage if the
claim for such damages arises from an act committed in good faith and without willful or wanton
negligence in the course of an activity carried on to accomplish the purpose of the corporation.
Voted and approved upon March 2007
11 Revised 10/96
_________________
Stand for something or fall for everything.
