As revised May 1993, March 1994, March 1997, June 2002, March 2007, November 2009, March 2012, April 2017, April 2018
| Article I. Names and Objectives Article II. Membership Article III. Dues Article IV. Executive Council Article V. Officers Article VI. Association Meeting Article VII. Divisions |
As revised May 1993, March 1994, March 1997 and June 2002, March 2007, November 2009, March 2012, March 2016
Article I Name and Objectives
Section 1
The name of this organization shall be the Patent and Trademark Resource Center Association (PTRCA), hereinafter known as the Association. The Association was established September 1983 as the Patent Depository Library Association (PDLA).
Section 2
The objectives of the Association are to discover the interests, needs, opinions, and goals of the Patent and Trademark Resource Centers (PTRCs), and to advise the United States Patent and Trademark Office (USPTO) in these matters for the benefit of PTRCs and their users, and to assist the USPTO in planning and implementing appropriate services for the PTRC’s, their staffs and patrons.
Article II Membership
Section 1
Regular membership shall be open to any person who is employed at a PTRC and whose responsibilities include the patent collection, retired PTRC staff, former PTRC representatives, librarians and staff at libraries who respond to questions from their clientele regarding patent and trademark information, and current and former USPTO staff. The term of membership is one calendar year (January-December). Membership is granted upon payment of dues and shall be held in the name of individuals only.
Section 2
Any regular member may voluntarily seek appointment to one or more committees. Any member who is employed at a PTRC shall have the right to hold any Association elective office or appointive position.
Section 3
Voting rights shall be extended to each regular member on the basis of one vote per member.
Section 4
Students currently enrolled in an accredited library and information science/studies program and retired PTRC or USPTO persons may serve on any Association Committee. They may vote, but not hold office in the Association. When voting for Divisions, the student and retired members may choose either Public or Academic.
Article III Dues
Section 1
The annual dues for members of the Association shall be sixty-five dollars per person. The annual dues for students currently enrolled in an accredited library and information science/studies program shall be ten dollars. The annual dues for retired members shall be ten dollars.
Section 2
Dues shall be payable in January. Dues must be paid to vote. Membership shall be open to new members throughout the year. Dues paid by new members joining in the last quarter of the calendar year shall be valid for the ensuing year.
Section 3
Members who have been dropped from the Association for non-payment of dues may be reinstated upon payment of dues for the current year.
Article IV Executive Council
Section 1
There shall be an Executive Council, hereinafter known as the Council, that shall have the power and authority to regulate and govern the affairs of the Association. The council shall determine policies of the Association and shall act to carry out the objectives of the Association. The Council shall be empowered to advise the USPTO on matters of concern to the Association as directed by the Association.
Section 2
The Council shall consist of the President, Vice-President/President-elect, Secretary, Treasurer, the immediate past-President, and the elected representatives of each of the designated Divisions of the Association, as described in Article V.
Section 3
In years when a PTRC/USPTO Training Seminar is held, the Council shall hold a meeting no more than one week prior to the Training Seminar, and additional meetings during the Training Seminar as deemed necessary. Other meetings may be held as necessary at times and places to be fixed by the Council. A petition by more than fifty percent of the Divisional Representatives for a Council meeting shall constitute a requirement for such a meeting. Meetings of the Council shall be open to members of the Association and to non-members at the invitation of the President. A majority of the Council shall constitute a quorum. A copy of the minutes of the annual meeting shall be sent to each member.
Section 4
Should a vacancy in the membership of the Council occur, a temporary replacement shall be appointed by the President until a new member is elected by members of the Association at its next election or next meeting whichever comes first. A Divisional Representative must be elected or appointed from among members of the Division where the vacancy occurs. Succession of officers is prescribed in Article V.
Section 5
The terms of office and the fiscal year of the association shall begin April 1 of each year that no Training Seminar is held or on the day of adjournment of the PTRC/USPTO Training Seminar if such a Training Seminar is held in that year. The terms of office of each elective office shall be as follows: President, one year; Vice-President/President-elect, one year; Secretary, one year; Treasurer, two years; Divisional Representatives, two years. Beginning with the 2010 elections and continuing thereafter, the Divisional Representatives shall be elected on a rotating basis for the prescribed terms of office according to the following cycle: One Divisional Representative elected from the Public Division shall be elected in odd numbered years and one Divisional Representative from Public Division elected in even years; one Divisional Representative elected from Academic Division shall be elected in odd numbered years and one Divisional Representative from Academic Division shall be elected in even numbered years.
Article V Officers
Section 1
The President shall be the chief executive officer of the Association and, subject to the Council, shall have general control of its affairs. The President shall preside at all meetings of the Association and Council. The President shall report any matters the membership designates to the USPTO and shall act as representative of the Association to the USPTO. The President shall communicate to the Association any matters that the President or the Council wishes to bring to the attention of the Association, and any matters that the USPTO wishes to present to the Association for consideration. The President shall report to the Council and Association on the state of the Association annually. The President shall be an ex officio and non-voting member of all committees of the Association, with the exception of the Election Committee, of which the President may not be a member, and the Conferences Committee, of which the President is a voting member and the chairperson. In the event of withdrawal or disability of the President, the Vice-President/President-elect shall assume the title and duties of the Office. If further succession becomes necessary, title and duties shall be assumed by the immediate past President. In the event of withdrawal or disability of the immediate past President, the President will go through the list of Past Presidents from most recent to oldest to find a willing and eligible past President. Vacancy occurring in the Council by reason of such succession shall be filled by election of the Council as prescribed in Article IV, Section 4.
Section 2
The Vice-President/President-elect shall perform such duties as the President shall assign, and shall succeed to the office of President. The Vice-President/President-elect shall serve as chair of the Mentoring Committee for the new attendees at the annual PTRCP Training Seminar. The Vice-President/President-elect will also be named on the checking account of the Association.
Section 3
The Treasurer shall perform those duties assigned by the Council, including an annual report of the financial state of the Association. The Treasurer will also be named on the checking account of the Association which will be based in Metropolitan Washington, D.C. The Treasurer shall be responsible for this account.
Section 4
The Secretary shall perform those duties normally associated with the office of secretary, including preparation of minutes of meetings of the Council, the business meeting of the Association and any other meetings of the Association.
Section 5
The Immediate Past-President shall serve as the ex-officio chair of the Conferences Committee. After each Annual Business Meeting, the immediate Past-President of the Association is responsible for submitting the previous year’s business correspondence, receipts, bylaw revisions, election results, membership records, newsletter/journal copies, and awards or certificate of appreciation of the Executive Council to the Publications Committee for inclusion in the Association’s archive.
Section 6
The terms of office of the Council members shall commence as prescribed in Article IV, Section 5.
Article VI Association Meeting
Section 1
A business meeting of the Association shall be held during the PTRC/USPTO Training Seminar. If no Training Seminar occurs in a given year the meeting may be held at a time and place designated by the Council. A copy of the minutes of each meeting shall be sent to each member.
Section 2
Special business meetings of the Association may be called by the Council to deal only with the special business as specified in the meeting notice. No other business may be considered at this meeting.
Section 3
Notices of meetings shall be sent to each member at least sixty days before such meetings.
Section 4
A quorum for the transaction of business shall be representation by forty percent of the PTRCs.
Section 5
Whenever, in the opinion of the Council, a matter arises that should be voted by the entire membership at a time other than the business meeting, the Council may submit the matter for vote by paper or electronic ballot. The Council shall establish a closing date for return of all votes. The matter presented shall be resolved by a two-thirds vote provided that fifty percent of the members have participated.
Section 6
When not in conflict with these bylaws, deliberations of the Association and Council shall be governed by Robert’s Rules of Order, Revised.
Article VII Divisions
Section 1
Each PTRC shall be a member of a Division. A Division shall be defined by the type of library in which a PTRC is located. There will be two Divisions: the Academic Libraries Division and the Public Libraries Division. For a list of PTRCs by state and by divisions, see Appendices A and B.
Section 2
Each Division will have two Representatives on the Executive Council. Members from within each Division shall elect their own Divisional Representatives to the Council. The Election Committee of the Council shall arrange for this election as described in Article IX.
Section 3
The Divisional Representatives are responsible for communicating with the PTRCA members in the representative’s Division, for discovering their needs and interest, and for transmitting this information to the Association and its Council. A written report of this information and of other activities of the representative shall be submitted to the Council at its business meeting and to the members of the Division represented. Each Divisional Representative shall serve on the Membership and Mentoring Committee, and shall serve on one or more other committees, as appointed by the President. Divisional Representatives may also voluntarily seek appointment to one or more committees.
Article VIII Committees
Section 1
Committees shall be established as necessary by the Council. The President shall appoint the members and designate the chair of each committee, except the Election Committee, which shall be appointed by the Council as a whole. The term for committee membership is one year; membership may be renewed voluntarily or by appointment for additional one-year terms. The terms of office and the fiscal year of the association shall begin April 1 of each year that no Training Seminar is held or on the day of adjournment of the PTRC/USPTO Training Seminar if such a Training Seminar is held in that year.
Section 2
The Council will provide each committee with a charge, and with the exception of standing committees, a deadline for submission of its final report. Committees shall submit reports as directed by the Council, but not less than annually. A committee is dismissed upon acceptance of its final report by the Council.
Section 3
Standing committees shall be Bylaws, Conferences, Education, Election, Membership and Mentoring, and Publications.
Section 4
Each committee chair, or a designee of the committee chair, is responsible for adding or updating relevant content on the Association’s website.
Section 5
The Publication committee is responsible for the publication of the annual newsletter, the website, and the PTRCA Journal. The Publications Committee shall appoint a webmaster and have at least two committee members with administrative privileges. The Publication committee has the authority to establish submission guidelines and journal policy. The Editor of the PTRCA Journal is appointed by the chair of the Publication committee for a term of three years with approval by the Executive Committee. The role of editor can be shared by two people serving as co-editors. The Editor will appoint at least two general editors for a term of one year to review the articles and make corrections or comments. The editor manages the publication including:
• Calling for submissions
• Managing deadlines
• Acknowledging receipt of submissions
• Determining which articles will be published
• Reviewing and editing the final files ready for publication
Article IX Nominations and Elections
Section 1
An Election Committee for the election of Vice-President/President-elect, Secretary, Treasurer, and the Divisional Representatives shall be appointed by the Council at least one hundred eighty days before the annual business meeting. This committee shall be composed of three members. One of the members shall have served on the Election Committee for the previous election. The council shall designate the chair of the committee.
Section 2
The Election Committee shall present at least one candidate for each of the offices of Vice-President/President-elect, Secretary, Treasurer, and the Divisional Representatives. The names of the nominees and their written acceptances shall be presented to the Council not later than forty-five days before the annual business meeting. Further nominations and written acceptances of the nominees may be entered by petition of five members to be filed with the Secretary of the Council not later than twenty-one days after close of nominations.
Section 3
Election shall be by secret ballot mailed or sent via electronic mail to each Association member at least fourteen days prior to the business meeting. The candidate who receives the largest number of votes for an office shall be elected. In the event of a tie, election shall be accomplished by a majority vote of Association members represented at the business meeting.
Section 4
The Election Committee will count the ballots and, if necessary, votes at the business meeting, and report the results to the Association.
ARTICLE X Educational and Scientific Purposes
Section 1
The Association is organized exclusively for educational and scientific purposes, including, for such purposes, the making of distributions to organizations under Section 501(c) (3) of the Internal Revenue Code (or corresponding section of any future Federal tax code.)
ARTICLE XI Distribution of Earnings and Activities Not Permitted
Section 1
No part of the net earnings of the Association shall inure to the benefit of, or be distributable to its members trustees, directors, officers or other private persons, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of Section 501(c)(3) purposes. No substantial part of the activities of the Association shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Association shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
Section 2
Notwithstanding any other provision of these articles, the Association shall not carry on any other activities not permitted to be carried on (a) by a corporation/organization exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future federal tax code) or (b) by a corporation/organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code (or corresponding section of any future Federal tax code.)
ARTICLE XII Records Retention Policy
The following guidelines are based on recommended National Council of Nonprofits’ retention policies. The criteria was adapted to meet the needs of the Patent and Trademark Resource Center Association, referred to as PTRCA in this document, and necessary legal obligations in record retention for nonprofit status. There are no standard document retention laws. Most record retention laws are state by state. The following are the minimum criteria to meet tax requirements and the PTRCA historical memory. All records are to be held by the University of Maine, Fogler Library, Special Collections and Projects.
- Bank Accounts – all material related to the PTRCA banking matters should be retained for 10 years. This includes all financial statements and copies of cancelled checks (if not kept online at the banking institution)
- Receipts – all receipts related to PTRCA business matters will be retained 10 years. This includes membership payment receipts, PTRCA sponsored events, supplies, etc.
- Contracts – PTRCA contracts with vendors will to be retained for 10 years.
- Email Correspondence (Board Members) – all email correspondence connected to the business and organizational matters of the PTRCA are to be retained permanently.
- Letter Correspondence (Board Members) – all letter correspondence connected to the business and organizational matters of the PTRCA are to be retained permanently.
- Minute books of Board of Directors, including By-Laws and Articles of Incorporation are to be retained permanently.
- Minute books of the stated Business Meeting of the PTRCA are to be retained permanently.
- Elections – all data for candidates and election results are to be retained permanently.
- Membership records – all membership inventories are to be retained permanently.
- Newsletter/Journal – all issues of the PTRCA newsletter or journal will be retained permanently, electronically or paper copies.
- Awards/Certificates of appreciation – A permanent record of awardees and recipients of PTRCA recognition are to be maintained and deposited to the archives.
The PTRCA archives are held at the University of Maine, Fogler Library, Special Collections and Projects. After each Annual Business Meeting, the immediate Past-President of the Association is responsible for submitting the previous year’s business correspondence, receipts, bylaw revisions, election results, membership records, newsletter/journal copies, and awards or certificate of appreciation, of the Executive Council to the Publications Committee for inclusion in the Association’s archive located at the University of Maine, Fogler Library, Special Collections and Projects, Orono, ME 04469. They should use the contact information on the https://library.umaine.edu/speccoll/page to make arrangements for acceptance of the documents.
Warning: All permitted document destruction shall be halted if the association is being investigated by a governmental law enforcement agency.
http://www.councilofnonprofits.org/document-retention-policies
ARTICLE XIII Dissolution of the Association
Section 1
Upon dissolution of this Association assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future federal tax code) or shall be distributed to the Federal government, or to a state or local government for a public purpose.
Article XIV Amendments
Section 1
Amendments may be proposed by the Bylaws Committee, the Council, or by ten members of the Association. Proposals from the Council must have the approval of the majority of the Council before submission to the Association. Proposals by petition must be submitted in writing to the Council and shall be presented to the Association with recommendations by the Council.
Section 2
The Bylaws Committee shall prepare the text of all proposed changes. This text shall be distributed to all PTRCs by mail or electronic mail message, at least 30 days before the business meeting. Any comments or proposals for discussion must be submitted to the Chair of the Bylaws Committee at least 15 days before the business meeting. Only those comments submitted in advance will be considered at the meeting. If these comments result in substantive changes in the proposed amendments, the revised text shall be submitted to all PTRCs for approval by a mail or electronic mail ballot. If there are no revisions to the proposed changes, or if such changes are more clearly editorial in nature, the vote would be taken following any discussion. Any member who will not be attending the business meeting may submit a proxy vote to the Chair of the Bylaws Committee, by mail, at least 15 days before the meeting.
Section 3
Appendix A and Appendix B (listings of the Patent and Trademark Resource Centers) may be amended as needed by the Bylaws Committee reflecting the Patent and Trademark Resource Centers listed on the Patent and Trademark Resource Center Program’s website. If a library does not fit clearly into a Public or Academic Division, the PTRC representative will be consulted as to the category the new library best fits.
Section 4
These bylaws may be amended by a two-thirds vote of the members, provided that, of the total members at that date, at least fifty percent shall have voted.
APPENDIX A: PATENT AND TRADEMARK RESOURCE CENTERS BY STATE
The current list of PTRCs can be found here.
APPENDIX B: PATENT AND TRADEMARK RESOURCE CENTERS BY CITY WITHIN DIVISIONS
The list of PTRCs by division can be found here.