Carolinas AGC Bylaws

ARTICLE II - MEMBERSHIP

Section 1. Classification

Regular Membership: Regular membership may be granted to general contractors licensed under the laws of North and/or South Carolina who are engaged in the business of general contracting. The Board of Directors may grant exceptions to the licensing requirement.

The term general contractor shall mean any firm, individual, association or corporation that is capable of undertaking construction work as a prime contractor for a fixed price, commission, fee or percentage with overall responsibility for completion of a project.

Provisional Membership: For the purpose of developing qualified members and to provide better contact with prospective members, a provisional membership may be granted to the general contractors for not more than one (1) calendar year. Such a member is entitled to use the emblem, receive National AGC publications, and other services the National and the Association may prescribe, but may not vote or hold office.

Non-Home Chapter Membership: Membership in this class shall be limited to a general contractor member firm from another AGC Chapter operating in the Carolinas. Hereafter, any reference to "regular member" shall be deemed to include "non-home chapter members," unless specifically provided otherwise.

Honorary Membership: Honorary membership may be conferred upon individuals at such time and under such terms as the Board of Directors shall determine.

Subcontractor/Specialty Contractor Membership: A membership in this class shall be available to all types of subcontractors and specialty contractors who maintain construction site labor force.

Supplier/Service Company Membership: A membership in this class shall be available to all types of manufacturers and/or their agents, equipment dealers, aggregate producers, aggregate product producers, electrical and air conditioning equipment dealers, building materials, architectural products, petroleum products, safety products, accountants, attorneys, banks, bonds and insurance representatives, computer hardware/software, management consultants, estimating services and developers.

Section 2. Applications

Applications for membership shall be signed by the applicant and shall contain an agreement that, if approved for membership, the applicant will conform to all the provisions of the Bylaws, and all other regulations and requirements regarding membership. Applicants for regular membership shall designate (a) building, (b) highway-heavy or (c) Utilities as their predominant type of construction activity. See Appendix B for definitions. Applications for Subcontractor/Specialty Contractor and Supplier/Service Company membership shall designate whether or not they employ on-site labor.

Membership applications will be on a form approved by the Board of Directors.

Section 3. Admissions

Applications for membership shall be reviewed and approved by the President and CEO.

Section 4. Voting Rights

Each regular member in good standing shall have the right to one (1) vote each for Chair, Senior Vice Chair, Vice Chair, Treasurer and Directors At-Large and one (1) vote each on all questions brought before the Association for action and decision. Each regular member in good standing will have the right to one (1) vote each for a Chair and Vice Chair of the division(s) describing the category(ies) of construction in which the contractor is actively engaged.

Subcontractor/Specialty Contractor and Supplier/Service Company members shall not be eligible to vote for officers of the association or members of the Board of Directors except as provided for in these Bylaws. Subcontractor/Specialty Contractor and Supplier/Service Company members may vote for the Chair and Vice Chair of the division to which they belong.

Section 5. Duration of Membership and Resignation

Membership in this Association may be terminated by voluntary withdrawal as herein provided, or otherwise in pursuance of these Bylaws. Any member may, by giving written notice of such intention, resign from membership. Dues, service fees, and all obligations incurred to the date of withdrawal are due on effective date of resignation. All rights, privileges, and interest of a member in or to the association shall cease on the termination date of membership.

Section 6. Termination and Expulsion

Any member may be expelled for cause. Sufficient cause for such expulsion of a member shall be violation of the Bylaws or any lawful rule or practice duly adopted by the Association, or any other conduct prejudicial to the interests of the Association. Expulsion shall be effected by a two-thirds (2/3) vote of the entire membership of the Board of Directors, provided that a statement of the charges shall have been mailed by certified or registered mail to the last recorded address of the member at least fifteen (15) days before final action is taken thereon. This statement shall be accompanied by a notice of the time and place of the meeting of the Board of Directors at which the charges shall be considered and the member shall have the opportunity to appear in person and/or to be represented by counsel to present any defense to such charges before action is taken thereon.

The President and CEO shall have the power to terminate a member without complying with the above or further process for:

(a) Failure to pay dues to the Association after the same are due and payable (as provided for in Article V, Section 1.). A member terminated for nonpayment of dues shall forfeit all rights and privileges of membership, and if this be done, notice to that effect shall be sent to the terminated member. Such termination may be waived, at the request of the member, be affirmative action of the Board of Directors.

Section 7. Reinstatement

A member who has been expelled from the Association shall not again be entitled to membership unless the Board of Directors shall decide that extenuating circumstances and subsequent record favor an application for readmission. However, such application shall not be permitted, in any event, in less than one (1) year from date of such expulsion, unless new evidence in his favor be presented.

A member who has been terminated for failure to pay dues, may be reinstated when all delinquent dues have been paid to the Association.

Section 8. Change of Membership Status

(a) Merger/Consolidation/Acquisition: Member firms merged, consolidated, acquired or selling assets to a third party shall notify the President and CEO. A new application for membership shall be executed for approval in accord with Article II, Section 3. Such firms shall continue as members pending approval of the new membership application.

(b) Management Changes: Any member changing its top executive management or changing composition of its partners shall immediately notify the President and CEO so that such changes can be properly recorded upon the records of the Association.

(c) Change of Operation: Should any member of the Association change operation to the extent that his membership classification is affected, such member shall immediately notify the President and CEO. The President and CEO will consider said member's continued eligibility for membership and/or change of membership classification.

(d) Except as provided in these Bylaws, no membership in this Association shall be transferable.

Section 9. Emblem Rights

(a) Regular members in good standing may display the Association name and emblem on their stationery, cards, advertising matter, office doors, construction signs and equipment.

(b) Subcontractor/Specialty Contractor and Supplier/Service Company members in good standing may display an approved member emblem of the Association on their stationery, business cards, advertising matter and office doors.