National Society of Consulting Soil Scientists

Bylaws

ARTICLE I. THE SOCIETY

A. Definition. National Society of Consulting Soil Scientists, Inc. (NSCSS) is a national organization representing consulting soil scientists. NSCSS is incorporated under the laws of the State of Alabama as a nonprofit corporation. Hereinafter National Society of Consulting Soil Scientists may be referred to as "the Society," its Board of Directors may be referred to as "the Board," and its Board of Examiners may be referred to as "the Examiners."

These Bylaws constitute the code of rules adopted by the National Society of Consulting Soil Scientists, Inc. for the regulation and management of its affairs.

B. Abbreviation. The approved abbreviation of the name of the Society shall be NSCSS. This abbreviation shall make up part of the logo of the Society.

C. Emblem. The design and specification of the emblem of the Society shall be as prescribed by the Board of Directors.

D. Seal. The Board of Directors have prepared a suitable corporation seal. This seal shall be in the charge of the Executive Secretary, or other designated individual who shall be responsible for affixing the seal to appropriate official documents.

E. Soil Scientist. A soil scientist holds at least a Bachelor of Science degree from an accredited college or university in agricultural, biological or physical and earth sciences with an emphasis in soil science.

F. Consulting Soil Scientist. A consulting soil scientist is an independent professional soil scientist who performs one or more of the disciplines of professional soil science services for clients on a fee basis. A consulting soil scientist is qualified by education, ability and experience to provide competent soil science consulting services and must:

1) Actively provide soil science services in the private sector as their primary profession, either as a consultant or as an employee of a consulting or research firm;

2). Practice soil science consulting in accordance with the NSCSS Guidelines for Professional and Ethical Conduct.

3). Practice under an organizational arrangement that does not involve a conflict of interest or that does not subordinate independent professional judgment to other considerations.

4) Utilize standards set forth by the National Cooperative Soil Survey (NCSS) procedures in the conduct of field soil science consulting activities (such as investigations, sampling and on site testing), and/or utilize standard published soil testing laboratory procedures (such as published procedures from land grant universities, agricultural experiment stations, governmental agencies, national laboratories, and papers published in the Soil Science Society of America journals) in the conduct of laboratory soil science consulting activities;

5) Hold at least a Bachelor of Science degree from an accredited college or university with a minimum of thirty (30) semester hours, or equivalent quarter hours, in agricultural, biological, or physical and earth sciences, in addition to at least 15 semester hours, or equivalent quarter hours, in soil science. Alternatively, an individual lacking the requisite credit hours, but in possession of at least a Bachelor of Science degree, and having acquired at least 5 years' experience as a professional soil scientist, under the supervision of a qualified soil scientist may also qualify.

A. Classes of Membership. The classes of membership of the Society shall have the qualifications described below.

1) Chapters shall

a. be state, area, or regional in nature, with specific political boundaries;

b. have purposes consistent with those of the Society;

c. have bylaws and policies which do not conflict with those of the Society.

2) Regular Members must meet the qualifications of a soil scientist as defined in Article 1, Section E, above.

3) Student Members shall be individuals enrolled in a college or university and working toward a degree in agricultural, biological or physical and earth sciences. Individuals who qualify for Regular Member status cannot elect to be Student Members.

4) Affiliate Members shall be individuals who wish to support the goals of NSCSS, but do not qualify for Regular Member or Student Member status.

A. Members of each class who are qualified as defined in Article II shall be admitted as follows:

1) Chapters

a. Application. An organization shall make a written application for membership. The application shall be referred to the Executive Committee for investigation and recommendation to the Board of Directors. An affirmative two thirds vote of the total voting power of the Board of Directors is required for acceptance.

b. Service Area. The geographical service area of each Chapter shall be determined by the Executive Committee at the time of affiliation with NSCSS. Any change in jurisdiction must be agreed to by all Chapters concerned before approval by Board of Directors. Disputes concerning geographical service areas shall be resolved by the Executive Committee.

2) Regular Members. Any individual must apply directly to the Society for acceptance as a Regular Member. The Board of Directors shall have the authority to determine the individual’s eligibility and to approve or reject membership..

B. Separation from the Society of a member of any class may come about either through resignation, expulsion, or failure to recertify.

1) Resignation. A member of any class may resign from the Society upon written notice to the Society. Resignations shall be effective upon fulfillment of all obligations to the date of resignation.

2) Expulsion. A member of any class may be expelled from membership on the grounds that the member's conduct or policy is prejudicial to the interests of the Society. A member of any class also may be expelled if the member ceases to fulfill the qualifications for membership as defined in Article II or if the member neglects or declines to furnish such information as to the member's professional conduct or practices as may be required by the Society to determine whether or not such qualifications are met. Each member of any class waives any claim for libel or slander against the Society, the Board of Directors, the Executive Committee or any member, officer or employee of the Society resulting from any action in good faith, hearing or expulsion procedure under this sub-section.

Expulsion shall be by two-thirds of the total voting power of the Board of Directors, and only after the member has had the opportunity to be heard by a committee designated by the Executive Committee. The findings and recommendations of the Committee shall be forwarded in writing to the Board of Directors and to the member concerned. The action of the Board of Directors shall be final.

3) Yearly Recertification of Chapters. Once each year, each chapter shall certify the following statement:

"Provided, however, that the Society shall, without prior notice, forthwith and without the requirement of any vote by the Board of Directors, expel from membership any chapter that does not certify to the Society, In writing, prior to midnight of January 31 of each year, the following:

_________________________

(name of chapter)

hereby certifies that it does not have in effect nor seek adherence to any code of ethics, statement of principle, policy statement, rule, bylaw, guideline, standard, or collective statement which has the purpose or effect of suppressing, restraining, or discouraging its members from providing free services, or providing services on a continuing basis, nor does it pursue any other collective course of action which has the purpose or effect of suppressing or eliminating competition based upon free services, or contingent arrangements ".

Each chapter representative shall annually submit to the Society a signed statement pledging support and compliance with the Society's code of ethics and professional conduct guidelines. Each chapter shall also submit a current membership directory and mailing list.

4) Termination. Upon resignation or expulsion from the Society, a member of any class shall lose all rights and interest in any funds or other assets of the Society.

A. Responsibility. Members of all classes are bound by properly enacted Society rulings and actions.

A. Determination of Annual Dues and Special Assessments

1) Annual Dues

a. Annual dues shall be payable by Regular Members, Student Members, and Affiliate Members. The dues for Regular Members, Student Members and Affiliate Members shall be determined each year for the next succeeding year by vote of a two-thirds majority of the total voting power of the Board of Directors.

2) Special Assessments.

a. The Board of Directors shall be empowered to levy special assessments, in amounts determined by a vote of two-thirds of its total voting power.

b. Special assessments shall be levied only on Regular Members.

B. Payment

1) Dues of Regular Members, Student Members, and Affiliate Members shall be payable annually in advance.

2) A person elected to membership in the Society in any one quarter shall pay dues prorated, based on the remaining quarters of the calendar year in which the person joins.

3) Payment shall be made direct to the Society by Regular Members, Student Members, and Affiliate Members.

4) All classes of members shall be liable for the payment of all dues until their membership shall have been terminated, unless they shall have been relieved from payment by the Executive Committee.

C. Delinquency of Payment. Failure on the part of a member of any class to pay dues or assessments within six months shall be accepted as notice of resignation in accordance with Article III, B, 1.

D. Adjustments. Dues payments from Chapters will be adjusted annually to reflect changes in new Regular Members, resignations, terminations of membership and other changes affecting national dues obligations.

E. Reinstatement. Former Regular Members rejoining within two years from the date membership was discontinued shall be obligated to pay any dues owed at the time of termination.

A. Directors

1) Composition and Terms of Directors.

a. The members of the Board of Directors shall each be consulting soil scientists as defined in I.F above. The Board of Directors shall consist of twelve (12) Regular Members -- six Regional Directors and six Directors-at-Large. The Directors-at-Large shall be elected by a vote of Regular Members. The Regional Directors shall reside within the Region they represent and shall be elected by Regular Members residing within that Region. Newly elected Directors shall be seated on the Board after the close of old business during the Society's annual meeting.

2) The term for each Director-at-Large is three (3) years, and two (2) years for Regional Director. Regional Directors residing in Northeast, South Central and Northwest shall be elected in even-numbered years, while Regional Directors residing in Southeast, North Central and Southwest shall be elected in odd-numbered years. No Regional Director can simultaneously hold a Director-at-Large position, nor can Director-at-Large simultaneously hold a Regional Director position. A Regional Director or Director-at-Large may be elected to a Director-at-Large position or Regional Director position, respectively, if their current director term expires before the new term begins.

3) Nominations for and election of Directors shall follow the same procedure established for elected officers described in Article VII, Sections C and D. In addition, each Chapter can directly nominate a Regular Member who resides within their Region to serve as a Regional Director. The nomination from the Chapter shall be submitted to the Nominating Committee no later than September 30 of each year. In the event that no Regular Member from within a subject Region is nominated, then that Regional Director position shall remain vacant until the next scheduled election.

4) If a member of the Board of Directors resigns or is removed from the Board or is terminated from the Society for any reason, the Board of Directors may seat an acting Director-at-Large to fill the entire unexpired term and may seat an acting Regional Director until the next scheduled election. All acting Regional Directors shall reside within the Region they represent. The Board of Directors cannot appoint anyone to serve in a Regional Director position that is vacant by lack of eligible nomination as described in subsection 3 above. The Board of Directors cannot appoint anyone to serve as a Regional Director for more than one (1) year.

5) Any Board Member who misses two consecutive or three total Board meetings shall be removed by the Board and a replacement appointed by the Board of Directors as described in subsection 4 above.

6) The Regions shall be comprised as follows:

a) Northeast: Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, New Jersey, Maryland, Delaware, West Virginia and Ohio.

b) Southeast: Florida, Georgia, Alabama, Mississippi, South Carolina, North Carolina, Tennessee, Kentucky, and Virginia.

c) North Central: North Dakota, South Dakota, Nebraska, Iowa, Illinois, Indiana, Michigan, Wisconsin, and Minnesota.

d) South Central: Kansas, Missouri, Texas, Oklahoma, Louisiana, and Arkansas.

e) Northwest: Alaska, Washington, Oregon, Idaho, Montana, and Wyoming.

f) Southwest: California, Hawaii, Nevada, Utah, Colorado, New Mexico, and Arizona.

B. Voting Power

1) Each elected Director to the Board of the Society shall have voting power of one vote on the Board.

2) Votes of the Board of Directors may be expressed orally by unchallenged voice votes or by roll call.

3) Directors may vote by written proxy to another Director.

C. Determination of Voting Eligibility and Voting Power

1) Voting eligibility shall be determined by the Executive Secretary immediately prior to each Board of Directors meeting and shall be announced by the Executive Secretary at the opening business session of each meeting. Dues must be paid by each Director prior to the opening of new business during the annual meeting of each year in order to qualify each Director to be seated or counted during voting.

D. Quorum. The presence of a majority of the Board of Directors and the voting power in person, and not by proxy, shall constitute a quorum for the transaction of business.

E. Mail and Teleconference Voting. At the discretion of the Board of Directors or the Executive Committee, the Directors may vote on any matter by mail or teleconference, provided due notice is served or properly waived.

F. Voting Action. For the transaction of business a simple majority of the votes cast at a teleconference or meeting in person or by proxy shall constitute action of the Board of Directors except as otherwise provided in the Articles of Incorporation or these Bylaws. A simple majority of written ballots mailed to all Board members shall also suffice as approval of the Board of Directors, except as otherwise provided in the Articles of Incorporation or these Bylaws.

G. Rules of Policy and Procedure. The Board of Directors shall adopt Rules of Policy and Procedure for the government of the Society, consistent with the Articles of Incorporation and these bylaws. The Rules of Policy and Procedure may be amended by the vote of a simple majority of the Executive Committee. The Executive Secretary shall notify the Directors of any amendments.

A. Titles and Terms of Service.

1) The Officers of the Society shall be President, President-elect, Past President, Secretary, and Treasurer.

2) The President-elect, Secretary, and Treasurer shall be consulting soil scientists, as defined by the bylaws, elected from among the Regular Members of the Society. The Executive Secretary shall be appointed by the Board of Directors to serve the Board and Executive Committee. The Executive Director shall be appointed by the Executive Committee to serve the officers and all NSCSS members.

3) The terms of office of the elective officers shall be as follows:

a. President One Year

b. President-elect One Year

c. Secretary Two Years

d. Treasurer Two Years

e. Past President One Year

4) A term of office for President, President-Elect, and Past President shall begin at the close of old business of each annual meeting, at which the officer is installed and shall continue until a successor is elected and qualifies. The Secretary and Treasurer offices shall have terms beginning in alternating years, at which those officers are installed and shall continue until successors are elected and qualify.

B. Eligibility for Office.

1) President. The President succeeds to the office from the office of the President-elect.

2) The President-elect, Secretary, and Treasurer shall be Regular Members of the Society to be eligible to hold an office.

C. Nominations for Office.

1) Regular Members and Chapters may submit name recommendations for elected officers to the Nominating Committee for consideration no later than August 1 of each year. No later than September 30 of each year, the Nominating Committee will submit nominations to the Executive Secretary, who will certify the eligibility of the nominee. The Executive Secretary will then mail ballots with the names of nominees for all vacancies to all Regular Members no less than sixty (60) days prior to each upcoming annual Society meeting.

2) Each nominee shall be a consulting soil scientist as defined in I.F, above.

3) Each nominee shall provide the Executive Secretary with a biographical summary for circulation to all Regular Members and submit a signed pledge to attend the following annual meeting.

4) In the event that nomination for any office shall not be made as stipulated, the Executive Committee shall select a nominee for that office.

D. Election to Office.

1) Each election shall close after 30 days from mailing by the Executive Secretary. Ballots must be postmarked by the closure date indicated on each ballot. Elected officers must receive a majority of the vote ballots cast by each Regular Member in good standing. Results of balloting and the presentation of new officers will be made prior to adjournment of each Society annual meeting.

2) The tally of ballots will be performed by an ad hoc committee composed of 3 Regular Members selected by the President-Elect who are not candidates for any elected position. All ballots will be available for examination by any Regular Member in good standing for a period of thirty (30) days after said election.

E. Succession of Officers. Any elected officer of the Society shall continue to serve until a successor is elected and qualifies.

1) A vacancy occurring in an elective office of the Society during the term of an officer shall be filled for the unexpired term as follows:

a. President, by the President-elect. If not the President-elect, then by majority vote of the Board of Directors.

b. President-elect, by nomination and election in the same manner as provided in § C and § D of this Article, except that the Executive Committee shall set the dates for receipts of nominations and mail-in ballots. In the event a vacancy in the office of President-elect occurs less than 90 days before the annual meeting, the nomination and election shall be for the office of President and the person elected shall upon election assume the office of President, at the annual meeting.

c. Secretary and Treasurer, by appointment by the Board of Directors.

2) In the case of the disability of any officer of the Society, or neglect in the performance of duty, the Board of Directors shall have power to declare the office vacant.

3) In the temporary absence or disability of the President, President-elect shall discharge the duties of the President.

4) President-elect of the Society having served a full term in the office to which elected, shall be ineligible for reelection to successive terms in the same office.

A. Composition. The Executive Committee shall consist of the President, President-elect, Past President, Secretary, Treasurer, and the Executive Secretary (ex- officio). The President will be chair of the Executive Committee.

B. Regular Meetings. Meetings of the Executive Committee shall be held at least once each year. One meeting shall be immediately before the annual meeting.

C. Special Meetings. Special meetings of the Executive Committee may be held as determined by the President or by any two or more other members of the Executive Committee. At least ten days notice of any such special meeting shall be given by the Secretary to members of the Executive Committee. Notice of a special meeting shall state its purpose and no other business shall be considered. The notice requirement may be waived by unanimous vote of the Executive Committee.

D. Insurance Against Defalcation. The Executive Committee may maintain in force an insurance policy indemnifying the Society with respect to any defalcation by any officers or employees of the Society.

E. Quorum. The presence at a meeting or teleconference of at least three (3) of the members of the Executive Committee in person, and not by proxy, shall constitute a quorum for the transaction of business.

F. Voting Action. For the transaction of business a simple majority of the votes cast at a meeting shall constitute action of the Executive Committee.

A. Duties and Responsibilities.

1) The Board of Directors shall seek to fulfill the purpose of and manage the affairs of the Society in accordance with the laws under which the Society is organized and within the provisions of the Articles of Incorporation and Bylaws. It shall direct the investment and care of the funds of the Society, adopt an annual budget and make appropriations for specific purposes; act upon applications for membership; take measures to advance the practice of consulting soil scientists and the interests of the Society; designate the appointed officers; regulate and manage the Board of Examiners; perform the specific duties required of it by the Bylaws and generally direct the business of the Society.

2) Between meetings of the Board of Directors, the Executive Committee shall administrate matters which in the judgment of the Society must be acted upon before the next regular meeting of the Board, except as provided for in the Articles of Incorporation and these Bylaws, and all actions taken by the Executive Committee shall be in accordance with the general polices of the Board and shall be reported to the Board at its next meeting. The Executive Committee or any officers shall not have any authority over or responsibility for the Board of Examiners.

3) The President is the chief elected officer of the Society and shall, subject to authority of the Directors: have responsibility for the general management of its affairs; preside over all meetings of the Society (except Board of Directors and Board of Examiners) and the Executive Committee; appoint committee and assign administrative responsibility for committees and to other members of the Executive Committee; and be an ex-officio member of all committees. The President shall not be counted in determining the presence of a quorum for the transaction of business by any committee.

4) The President-elect shall prepare for the next year as President, be assigned duties by the President, and have overall leadership responsibility for the planning of upcoming Society meetings.

5) The Secretary shall: sign legal papers and other documents as appropriate; be responsible for the preparation of agendas and the official records of the proceedings of the Executive Committee meetings; and be responsible for maintaining the official records and documents of the Society.

6) The Treasurer shall review each annual financial report and report thereon to the Board of Directors; be responsible for the collection of all moneys due to the Society and for the transfer of such moneys to the Society headquarters for deposit into its appropriate bank account; have charge of the books of account of the Society and oversee customary managerial functions of the Society headquarters with regard to the financial transactions of the Society; and have leadership responsibility for the development of an annual balance sheet and present such balance sheet to the Board.

7) Under the direction of the President and the Board of Directors, the Executive Director shall be the chief staff executive of the Society; shall be paid a salary and enjoy fringe benefits in such amounts as shall be determined by the Executive Committee; attend all meetings of the Executive Committee; be responsible for preparing the Annual Report and such other reports as may be prescribed by the Board or the Executive Committee; supervise the work of all employees of the Society, have charge of all Society properties. With the assistance of the Society Secretary, the Executive Secretary shall conduct and maintain full records of the correspondence of the society. In the absence of the Executive Secretary, the Society's Secretary will serve as Executive Secretary.

8) Legal Counsel. The Board of Directors may retain legal counsel for itself, the Executive Committee, the National Headquarters staff, and the Society. All requests for legal services and advice shall be submitted to the Executive Secretary for referral to the Board for their appropriate action. The Society will only be responsible for payment of fees or legal services or advice required by Regular Members when it serves the best interest of the Society, as deemed such by the Board of Directors. The Society may initiate legal action on behalf of any one of its Regular Members, or any number of its Regular Members, after such Regular Members make a written request to the Executive Secretary and it is reviewed and approved by the Board.

9) Auditor. The Executive Committee may hire the services of an independent Certified Public Accountant to conduct an annual certified financial audit of the Society's operations at the close of the fiscal year. A copy of the Auditor's Report shall be sent promptly each year to the Board of Directors, and shall be made available to members of all classes upon written request.

A. Society Meetings. The NSCSS Annual Meeting shall be held between October 01 of each year and no later than the end of February of the new calendar year. New officers shall be installed at the close of old business during the Society's annual meeting. The annual meeting shall provide an opportunity for the exchange of ideas among members and for presentations and discussions concerned particularly with the operation and promotion of soil science consulting firms, and the furtherance of reaching the common goals of consulting soil scientists.

B. Board Meetings.

1. No less than two Board of Director meetings shall be held each year. One meeting shall be held in conjunction with the annual convention, and one meeting or teleconference shall be held in the Summer at a time and place determined by the Board of Directors.

2. Additional special meetings and teleconferences may be held as determined by the Board. Special meetings may also be initiated by petition signed by at least five (5) Directors. At least 30 days' notice of any such meeting shall be given by the Executive Secretary to members of the Board. Notice of a special meeting and teleconferences shall state its purpose, and no other business shall be considered. The notice requirement may be waived by unanimous vote of the Board of Directors.

3. The chairperson of the Board of Directors will be elected annually by majority vote of the Board for a term of two years. The newly elected chairperson will preside as such after the close of old business during the annual meeting of the Society and shall serve until a successor is elected.

C. Executive Committee Meetings. The Executive Committee shall conduct at least one meeting each year. This required meeting will be in conjunction with, and immediately before, the Society's annual meeting. Additional meetings may be held at the discretion of the President, and in accordance with Article VIII Section C, Special Meetings.

A. Creation and Classification.

1) The President shall annually appoint members to committees, and outline any specific duties of all committees, except the Standing Committees. The President shall appoint only Regular Members to Standing Committees and only Regular Members may serve as committee chairs. The President may discontinue any committee or the service of any member of any committee, except the Standing Committees.

2) The Nominating Committee shall be selected by the Board of Directors and shall consist of six (6) Regular Members. Each Committee Member shall serve three-year terms with the terms of two members expiring at the close of old business during each annual meeting of the Society. In addition the immediate Past President shall serve as chairperson of the Nominating Committee for a period of one year.

3) The Bylaws and Resolutions Committee shall consist of five (5) Regular Members. Each Committee Member shall serve five-year terms with the term of one member expiring at the close of old business during each annual meeting of the Society. The President shall appoint a new member each year and the member with the longest tenure shall serve as chairperson of the Bylaws and Resolutions Committee for the next year.

B. Standing Committees. The following shall be Standing Committees.

1) Bylaws and Resolutions

2) Nominating

3) Professional Conduct

C. Committee Meetings. Standing Committees shall conduct at least one meeting each year. This required meeting will be in conjunction with the Society's annual meeting. Additional meetings or teleconferences may be held at the discretion of the Committee Chair or by petition signed by at least three (3) committee members. At least 30 days notice of any such meetings shall be given to all committee members and President. Notice of a committee meetings and teleconferences may be waived by unanimous vote of the committee members.

D. Quorum. A simple majority of the members of a committee shall constitute a quorum except the Nominating Committee for which two-thirds of the members must be present.

E. Voting Action. A simple majority of the votes cast at a meeting or teleconference shall constitute action of the subject committee for the transaction of committee business.

A. Amendments. These Bylaws may be amended by the following procedures:

1) Initiation of Amendments. Bylaw amendments may be initiated by:

a. A petition signed by at least two-thirds of the Board of Directors; or

b. Simple majority vote of the Board of Directors at any meeting or teleconference of the Board or by mail ballot; or

c. Simple majority vote of Regular Members during the Society's annual meeting; or

d. Two-thirds vote of the total membership of the Bylaws and Resolutions Committee.

2) Review. Any proposed amendment shall be reviewed and refined by the Bylaws and Resolutions Committee which in turn shall prepare a draft amendment for consideration by the Board of Directors.

3) Notice. Bylaws and Resolutions Committee shall send the draft amendment(s) to the Board of Directors at least 15 days prior to the voting date.

4) Vote. Amendments to the Bylaws shall require a two-thirds majority of the total voting power of the Board of Directors, and shall become effective immediately unless stated otherwise in the amendment.

5) Mail Vote. If it is deemed necessary by the Executive Committee, a mail ballot may be used for voting on amendments, if the other requirements as set forth above are met.

A. The Society may, by resolution of the Board of Directors, provide for indemnification by the Society of any and all of its current of former officers, Directors, staff or committee members against expenses actually and necessarily incurred by them in connection with the defense of any action, suit, or proceeding, in which they or any of them are made parties, or a party, by reason of having been an officer, Director, staff or committee member, except in relation to matters as to which such individuals shall be adjudged in such action, suit, or proceeding to be liable for negligence or misconduct in the performance of duty and to matters as shall be settled by agreement predicated on the existence of such liability for negligence or misconduct.

A. Board of Examiners

1) The Board of Directors shall appoint the first Board of Examiners (Examiners) for the Registration of Professional Soil Scientists under the NSCSS. The Board of Directors shall serve as the Board of Examiners pending appointment of its members. The initial appointment of the Examiners shall consist of one member for a three year appointment, one for a two year appointment, and one with a one year appointment.

2) Initial and future appointments to the Board of Examiners shall be NSCSS Registered Professional Soil Scientists, as provided in items B or C of this Article.

3) Each year the Board of Directors shall have the responsibility of electing one Registered Professional Soil Scientist Regular Member to fill the vacancy of the expired term to the Board of Examiners. The term for each Examiners elected will be for three (3) years and expiring at the close of old business during the annual meeting of the Society. The Board of Directors shall hold ultimate authority over and responsibility for the Board of Examiners.

4) Should a member of the Board Examiners resign or is terminated from the Society for any reason, the Board of Directors may seat a new Registered Professional Soil Scientist Regular Member to fill the unexpired term of that Examiner.

5) The Board of Directors may appoint, for a designated period, a Registered Professional Soil Scientist to serve as an auditor of all activities of the Board of Examiners. The auditor can also be a member of the Board of Directors. The auditor shall have the full authority of the Board of Directors to investigate any matter involving the Board of Examiners and Society registration. The auditor shall report Board of Examiner activity and investigation results directly to the Board of Directors.

B. Rules of Policy and Procedure. The Board of Examiners shall be responsible for the drafting of Rules of Policy and Procedure for the Registration of Professional Soil Scientists, consistent with the Articles of Incorporation and these bylaws. Such rules of policy and procedure shall be submitted to the NSCSS Board of Directors for adoption, and/or amendment, or denial. The NSCSS Board of Directors has the authority to adopt The Rules of Policy and Procedure of the Board of Examiners, and such rules may be amended at any time, by the vote of a simple majority of the NSCSS Board of Directors. The Executive Secretary shall notify the Board of Directors of any amendments. The Rules of Policy and Procedure for the Registration of Professional Soil Scientists must require as a minimum that any applicant for such registration must meet, at the least, the following provisions:

1) The applicant must have completed no less than five (5) full years experience in the work force as a professional soil scientist, after graduation from an accredited college or university with at least a Bachelor of Science degree.

2) The applicant must be a consulting soil scientist as defined in Article I, Section F.

C. Registration Fees. The initial fees for registration as a Professional Soil Scientist shall be established by the Board of Directors. Thereafter, the Board of Examiners shall submit a new fee schedule to the Board of Directors for adoption. Such registration fees shall have the following provisions:

1) Fees will be due annually at a date set by the Board of Examiners.

2) Each annual fee shall include the cost of a registration stamp bearing each registrant's number and annual expiration date.

3) Annual fees are non-refundable.

D. Voting. The Rules of Policy and Procedure for the Registration of Professional Soil Scientists shall specify a specific annual date for application submittal deadline and a specific date to act on submitted applications, if other than concurrent with each annual meeting. At such time the Board of Examiners vote on all applications duly submitted during the preceding year. Mail and teleconference voting may be conducted and applicants shall be notified within thirty (30) days after such application review and vote.

E. Emblem and Name Use. Only Registered Professional Soil Scientists shall be authorized to use the name of the Society or its approved abbreviation ("NSCSS") after their names, and also to use the official Society logo, name or abbreviation on stationery, business cards, brochures, job signs and as otherwise prescribed in the Society Rules of Policy and Procedure. The Society name, abbreviation or emblem also may also be imprinted upon drawings, reports, maps, specifications, calculations, or other instruments of service. Any use of the Society name, abbreviation or emblem shall only be made to signify affiliation with the Society and shall not be made in any manner that could reasonably suggest that the Member necessarily represents, or is, the Society.

Requested by the Executive Committee in Minneapolis November 4, 2000.

Amendments Initiated by 2/3 vote of Bylaws and Resolutions Committee November 22, 2000

Review by Bylaws and Resolutions Committee finished January 10, 2002

Notice to the Board of Directors January 15, 2002.

Approved by Board of Directors February 5, 2002