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ARTICLE I - PURPOSE
An association of retail travel agency owners and managers of record, working together to further common business goals through a standard code of business conduct, joint ventures and industry action.
ARTICLE II - OFFICERS AND CORPORATION
Section 1
The office of the Association shall be located at the incumbent President's office.
Section 2
The Association shall be incorporated under the laws of the State of New York.
ARTICLE III - MEMBERSHIP
Section 1 - MEMBERS
Membership shall be limited to authorized retail travel agencies and individual members as further defined in Sections 2, 6 and 7 of this article.
Section 2 - QUALIFICATIONS
a) The travel agency must hold traffic conference appointments of either ARC or IATAN and must maintain an office in Queens, Kings, Manhattan, Bronx, Nassau, Suffolk or Westchester Counties.
b) Be IATAN recognized "Travel Service Intermediary (TSI) Agency. The requirements for a TSI agency has standards that must be met and maintained. These include, but are not limited to, the following:
i. The entity has:
·been in business for a minimum of one year immediately prior to application and;
·maintained a business bank account and;
·produced $250,000 in gross travel sales or $25,000 in gross income during the previous 12 months.
or the owner(s) of the business must have:
·been registered with IATAN for two of the three past years and have been eligible for an IATAN ID Card and;
·earned a minimum of $20,000 in salary and/or commissions from the sale of travel-related services in the previous 12 month period and;
·maintained a business bank account.
ii. Provide evidence of a valid $1 million errors and omissions insurance policy.
iii. Provide two letters of recommendation from either travel industry suppliers, or from a national travel organization or association that shall have published standards for membership.
iv. Provide evidence of the legal form of the business.
v. Be in compliance with all federal, state, or local registration and/or licensing requirements and, where applicable, provide a copy of the "Sellers of Travel Registration Certificate."
vi. Have no pending or unresolved complaints at state or local consumer affairs offices.
vii. Provide a copy of an advertisement or listing in the telephone or equivalent directory under the business name.
c) Be a Cruise only agency and provide proof of the following:
i. Provide evidence of a valid $1 million errors and omissions insurance policy.
ii. Provide evidence of a business checking account.
iii. Provide evidence of a Federal employer number.
iv. Provide a signed statement by a principal of the agency that the agency's location is in compliance with all state and local zoning ordinances, laws, rules, and regulations.
v. Provide a statement that shall attest to the fact that the agency is actively engaging in the marketing and sales of cruises to the general public.
Section 3 - DURATION
Each member of the Association shall remain in good standing until such membership shall terminate as provided by these by-laws. When an agency in good standing with LITAA closes its doors, the principals shall retain full membership privileges for the balance of the fiscal year, or for a grace period of six months, whichever comes later.
Section 4 - NEW MEMBERS
New members shall apply in writing and their names be submitted to the membership committee. Such applications shall be accepted upon a majority vote of the Board of Directors. Upon such acceptance, notice of intent of the proposed member shall be given to the general membership. If there are any objections by the membership, the application shall revert to the Board for their reconsideration.
Section 5 - CHANGE OF PRINCIPALS
Membership in this organization shall be comprised of the individual member agency; however, in the event of a complete change of principals of the agency; other than by operation of law, then the principals must submit a new application for membership for approval or disapproval by the Board.
Section 6 - PAST PRESIDENTS
In recognition of their past contributions to LITAA, all Past Presidents who have completed their term of office as President, shall be granted honorary membership (effective January 1, 1993).
Such honorary non voting membership shall apply solely to the individual and not to any agency with which that person may be affiliated.
Section 7 - RETIREE MEMBERS
A principal whose agency has been a member in good stead of LITAA for a minimum of five years and such agency has been sold or closed shall be eligible for retiree membership. Such agency membership must have been during the five years immediately preceding the application for retiree membership. Retiree membership shall be excluded from voting privileges, must pay dues as prescribed within the by-laws and may not hold elective office or serve on the Board of Directors. Any principal whose agency has been a member of LITAA within the last ten years shall be grandfathered under this clause (effective June 5, 1996).
ARTICLE IV - FEES, DUES AND ASSESSMENTS
Section 1 - DUES
Annual dues shall be proposed by the Board of Directors and passed upon approval of two thirds of all the voting Board members, present or by proxy. Retiree membership dues shall be 50 percent of the current annual dues.
Section 2 - PAYMENT OF DUES
Dues shall be paid on an annual basis on January 1.
Section 3 - ASSESSMENTS
Assessments must be approved by the Board of Directors and affirmed by a two thirds vote of the membership present at a regular meeting after proper written notice of intent of the assessment has been given.
Section 4 - NON-PAYMENT OF DUES
Non-payment of dues or assessments within sixty days of the due date may automatically forfeit member privileges, including voting or holding office, subject to review by the Board of Directors.
ARTICLE V - MEETINGS OF MEMBERS
Section 1 - REGULAR MEETINGS
There shall be regularly scheduled meetings.
Section 2 - SPECIAL MEETINGS
Special meetings may be called at any time, upon written notice to the membership, by the President or by written and signed petition of ten members in good standing, to the Board of Directors and must be held within thirty days of said petition.
Section 3 - ANNUAL MEETING
The annual meeting of the Association shall take place during the month of February. This meeting shall receive reports of officers, directors, and committees, annually.
Section 4 - WRITTEN NOTICE
There shall be written notice to the membership prior to the date of membership meetings.
Section 5 - MEETING CONDUCT
All meetings shall be conducted under Robert's Rules of Order.
ARTICLE VI - OFFICERS AND DIRECTORS
Section 1 - PRINCIPAL OFFICERS
The principal officers of the Association shall be President, Vice President, Secretary, and a Treasurer.
Section 2- DIRECTORS
The Board of Directors shall consist of all elected officers and the following directors: There shall be one Director at Large and two Area Directors. One from the Eastern area and one from the Western area. The immediate Past President automatically becomes an additional voting director for as long as the sitting President remains in office. If the President cannot fulfill the term of office, the Past President remains in the position until there is a new Past President.
Section 3 - TERM OF OFFICE
Officers and Directors shall hold office for a term of two years. No elected officer or director may serve more that two consecutive terms in the same office. The newly elected Board shall take office following an installation ceremony in December. After an interval of one term, any officer or director may be re-elected.
Section 4 - NOMINATIONS & ELECTIONS
There shall be a nominating committee of five members and one alternate. Two members of the committee shall be appointed by the President from the membership no later than the April meeting of the year in which the election is to be held. Two members of the committee and an alternate shall be elected by the membership at a general meeting of the membership not later than the May meeting of the same year. The remaining member of the committee shall be the immediate Past President and, said immediate Past President, if available shall be Chairperson of the Nominating Committee. The names of the members of the Nominating Committee shall be published in the June meeting notice. All members of the Nominating Committee shall be ineligible for nomination for any office that year.
The Nominating Committee shall report to the general membership with a slate of officers and directors proposed, on or before the September meeting. Said slate of proposed officers shall be published in the September and October meetings notice with any additional nominations. Additional nominations may be made from the floor at either the September or October membership meetings by written petition and must be signed by at least ten (10) members in good standing. Any person nominated for office must accept in person or in writing by the close of nominations at the October meeting of the general membership. All accepted nominations must be published in the notice of the meeting for the general membership to be held in November. No additional nominations shall be accepted after the close of nominations at the October general meeting.
In the event that a nominee, prior to the election, should decline the nomination, it shall be incumbent upon the President to recall the nominating committee. It shall be their responsibility to re-evaluate the entire slate and report to the membership in accordance with this article.
All voting to be held at the general membership meeting in November shall be by closed ballot, unless the nominated slate is unopposed, in which case there will be an open ballot. The installation of the newly elected Board will take place at the December meeting.
Section 5 - NOMINATING COMMITTEE PROCEDURE
The Chairman of the Nominating Committee shall include in the May meeting notice a statement of desire to serve (as appended to these by-laws) to be completed by the membership and returned to the committee by the 15th of May. Incumbent Board members shall complete a similar Statement of Intent to continue to serve, which shall be returned to the Chairman of the Nominating Committee no later that the May Board meeting.
It shall be the obligation of the chairperson of the Nominating Committee to arrange for a meeting at which a minimum of three committee members are in attendance. The committee shall continue to meet until the slate is completed. Upon completion of deliberations, the committee shall be responsible for notifying all who responded to the survey, of the results, within ten days of the finalization of the slate, prior to any public announcement of results. This notification shall not include releasing the names of the slate prior to any public announcement of the slate.
All deliberations of the nominating committee shall be held in the strictest of confidence within the committee.
ARTICLE VII - DUTIES OF OFFICERS
Section 1 - PRESIDENT
The President shall preside at all regular and Board meetings and special meetings of the Association.
The President shall enforce all laws and regulations of the Association. The President shall have the authority to appoint any special committees as the need arises. The President is an ex-officio member of all committees with a voice but no vote, except for the Nominating Committee. The President may not attend meetings of the Nominating Committee. The President shall be empowered to make a maximum of three appointments to the Board with the approval of the Board during a term of office. The appointees will serve on the Board with all rights and privileges, except for the vote, for the balance of the current term.
The President shall consult with the Vice President in determining policy and objectives of the organization prior to bringing such policies and objectives to the Board. The President votes to break a tie only.
Section 2 - VICE PRESIDENT
The Vice President, in the absence of the President, shall perform presidential duties and such other duties as may be assigned by the President. The Vice President shall serve in a consultative capacity to the President. The Vice President is an ex-officio member of all committees, except the Nominating Committee. He or she will serve actively on at least one committee as assigned by the President.
Section 3 - SECRETARY
The Secretary shall keep the minutes and other records of the Association and shall perform such other duties as assigned by the President.
Section 4 - TREASURER
The Treasurer shall keep the financial records of the Association and shall deposit at the bank in the account of the Association, all monies received. The treasurer shall solicit dues from the members and deposit same in the bank. All disbursements shall be made by check of the Association and signed by any two of the following officers: President, or Vice President, in addition to the Treasurer. In the event the Treasurer is unavailable, any two of the above three officers may sign checks. The Treasurer shall present an official financial report at the annual membership meeting and at the mid-year.
Section 5 - DIRECTORS
Directors representing a specific area are responsible for serving as liaison between assigned number of members within that geographical area and the organization and its Board. They shall communicate with their list of members all crucial information as determined by the President, or in the unavailability of the President by the Vice President. The Director at Large shall cover for any Director unable to perform their function at a given time. At other times, the Director at Large may be directed by the President or the Vice President to advise the Directors of a specific need for communicating with their assigned members.
Section 6 - MEETINGS OF THE BOARD OF DIRECTORS
Regular meetings of the Board are to be scheduled. Special Board meetings may be called by the President, or in his/her absence by the Vice President. A special meeting of the Board may also be called by a joint decision of five elected Board members.
Section 7 - SUCCESSION OF OFFICERS
In the event that the president cannot complete his or her term of office, the progression of those to succeed shall be in the following order: Vice President, Secretary, Treasurer
ARTICLE VIII - COMMITTEES
Section 1 - APPOINTMENT
The President shall appoint a chairperson for the committees as outlined herein.
Section 2- STANDING COMMITTEES
There shall be active committees for the Grievance and Ethics, Publicity and Advertising, Membership, Industry Affairs, Program, Education, Educational Trips and Legislation.
Section 3 - TEMPORARY COMMITTEES (AD HOC)
The President may appoint at his or her discretion, temporary or special purpose committees. A by-law review committee shall be appointed at the beginning of each two year term of office. The Committee shall be composed of two members of the Board and one representative from the general membership.
ARTICLE IX - CENSURE, SUSPENSION AND EXPULSION OF MEMBERS
Section 1 - CAUSES
The following may constitute cause for censure, suspension or expulsion of a member:
a) Violation of any of the by-laws.
b) Any conduct or action which, in the opinion of the Grievance and Ethics Committee and the Board, is improper or is prejudicial to the Association or is detrimental to the interests of the traveling public. Such members should be served in writing ten days before any hearing.
ARTICLE X - CONDUCT AND ETHICS
The Association shall promulgate a code of ethics. This code shall be consistent with the policies and regulation of the Carrier Conference Regulations, Hotel Association, and established business practices in the travel business.
Method of dealing with a Grievance:
1) All matters pertaining to a complaint of lack of ethics or a grievance against another member or non member shall be submitted in writing only to the chairperson of the committee. Detailed particulars of the alleged grievance shall be submitted together with proof offered of the same, other than hearsay evidence.
2) When a LITAA member is charged with an alleged unethical practice, the member must willingly place all pertinent facts before the committee for investigation.
3) All formal complaints filed with the Grievance and Ethics committee will be investigated by the committee and the subject of complaint shall have the right to answer either in writing or to appear in person before the committee.
4) Any situation of misconduct upon the part of one of the members shall be brought to the attention of the Grievance and Ethics Committee. Within 30 days this committee shall conduct an investigation on the basis of written or substantiated charges. If in the opinion of the majority of the committee, there is cause for censure or expulsion, recommendations shall be brought before the next regular meeting of the Board of Directors. Action under this article can be taken upon two thirds of the Board of Directors, present or by proxy. The member(s) must be given his or her right of appearance at the Board meeting.
5) LITAA members are not justified in violating any of the principles of professional conduct and ethics on the ground that any other agent in the industry, whether member or not, may be doing it. committees are responsible to the Board and must report progress to the Board.
ARTICLE XI - INDUSTRY AND PUBLIC IMAGE
Official Position - No officer, director, committee chairperson or member shall have the right to use the name of the Association indiscriminately, or make any promiscuous statement on behalf of the Association without the express direction of the Board of Directors.
ARTICLE XII - AMENDMENTS
Except as provided, the by-laws may be altered or amended by request or proposal of the Board of Directors, or upon written petition of ten members in good standing, at any membership meeting of the Association. Such proposed amendment requires a two thirds vote of the members present to approve, provided proper written notice of the proposed amendment action is stated in the notice of such meeting.
ARTICLE XIII - VOTING
Section 1 - Voting
Each member agency shall have one vote. Voting shall be by a principal at any regular or special meeting. Branch offices shall have no special vote.
Section 2 - Proxy
A member shall have the right to submit a proxy vote provided such proxy is in writing.
Section 3 - Quorum
A Quorum of 15 members in good standing shall be necessary to conduct a regular or special meeting of the Association. A quorum of the Board of Directors shall be 50 percent of the Board rounded to the next whole number to conduct an official Board Meeting.
ARTICLE XIV
If a member of the Board of Directors misses three consecutive Board meetings, he or she may be relieved of his or her office by a majority vote of the remaining Board of Directors.
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PROPOSED STATEMENT OF DESIRE
TO CONTINUE SERVICE ON THE BOARD OF DIRECTORS
TO BE SENT TO INCUMBENT BOARD MEMBERS
TO: Incumbent Board of Directors
From:_____________________________Nominating Committee Chairperson
________________________ ______________________
________________________ ______________________
Nominating Committee Members
If you plan to run for a position on the Board of Directors for the next term, please complete the following thus making your intent known.Please review this carefully and respond even if you decide not to run.You may not serve in the same position for more that two consecutive terms.Please return to the Nominating Committee Chairperson no later than the May Board Meeting.No person completing this Statement of Intent should consider it tantamount to nomination. This form is merely a guide to the selection of a slate.You may check more than one position.
Please check one:
I do not plan to seek office_________________
I do plan to seek office____________________
Please note: If you plan to seek the office of a Vice Presidency you should consider that position as an indication of your willingness to eventually run for the Presidency.
Position: Yes No
President __________ ___________
Vice President __________ ___________
Treasurer __________ ___________
Area Director at Large __________ ___________
Area Director __________ ___________
Your response is highly appreciated. Regardless of the decision, you will be contacted by the Nominating Committee in writing. Any individual not nominated but wishing to run for office may do so as per our By-Laws and should feel free to do so as per the by-laws.
Name______________________________________________
Agency_____________________________________________
Address____________________________________________
County___________________Telephone__________________
Signature___________________________________________
Please return this form to:
Thank you for your cooperation and interest.___________________
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PROPOSED STATEMENT OF
DESIRE TO SERVE ON THE BOARD OF DIRECTORS
TO BE SENT TO THE GENERAL MEMBERSHIP
TO: Members of LITAA
FROM:___________________________ LITAA President
________________________ ______________________
________________________ ______________________
In accordance with the LITAA Constitution, you, as a member in good standing have the right to apply for any elected Board position. A nominating committee is appointed according to our by-laws to select a slate. Filling out this solicitation does not guarantee a position on this slate. This solicitation is solely a guide to be used by the Nominating Committee in performing their duties.
Please note, filling out this solicitation does not preclude you from running from the floor for any position, so long as you follow the established guidelines.
If you would like to serve LITAA by running for a board position, please complete the following thus making your intention known. You may select more than one position.
Position: Yes No
President* __________ ___________
Vice President* __________ ___________
Treasurer * __________ ___________
Area Director at Large __________ ___________
Area Director __________ ___________
All members of LITAA are important, whether you serve on a committee or run for office, your participation is welcome and appreciated. Regardless of the decision, you will be contacted by the Nominating Committee.
*If you plan to seek the office of President, Vice President or Treasurer, you should have served at least one term on the Board of Directors.
Name: ____________________________________
Agency: ____________________________________
Address: ____________________________________
_____________________________________________
County: ___________________________________
Telephone: ___________________________________
Signature: _________________________________
Please return this form to:
by _________________________________
Thank you for your cooperation and interest.
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