NAME AND PURPOSE
SECTION 1 - NAME
This organization shall be known as the South Carolina Insurance Fraud Investigators, Inc. and is hereinafter referred to as "SCIFI" or the "Association." The name SCIFI shall not be used publicly by any member other than by use of his membership card for identification purposes, without the express written permission of the Board of
Directors. This shall not restrict the officers or appointees or agents of the SCIFI in the use of the name to carry out the purpose of the Association.
SECTION 2 - PURPOSE AND RESTRICTIONS
SCIFI is organized pursuant to the provisions of the South Carolina Nonprofit Corporation Act S.C. Code 33-31-101 et seg., and for charitable and education purposes pursuant to 501(c) of the Internal Revenue Code.
SCIFI is not organized and shall not be operated for pecuniary gain or profit. No part of the property of SCIFI and no part of its net earnings shall inure to the benefit of or distributable to any director, member, or other private individual. SCIFI shall never be authorized to engage in a regular business of a kind ordinarily carried on for profit or in any other activity except in furtherance of the purposes stated above for which SCIFI is organized.
No substantial part of the activities of SCIFI shall consist of attempting to influence legislation, by propaganda or otherwise. SCIFI shall not participate or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office.
SECTION 3 - OBJECTIVES
A. To promote cooperation among the insurance industry, law enforcement agents, and other interested entities to combat insurance fraud.
B. To provide education and training.
C. To develop a greater awareness of the insurance fraud problem in the public.
D. To encourage high professional standards of conduct among insurance investigators, law enforcement, and other related parties.
E. To support legislation which acts as a deterrent to the crime of insurance fraud.
SECTION 1 - MEMBERSHIP
A. Regular membership shall include:
1. Insurance company employees whose primary purpose is the
full-time investigation and/or supervision of investigation of insurance fraud.
2. An employee of a self-insured corporation who is employed and assigned to a Special Investigations Unit and whose primary purpose is the full-time investigation and/or supervision of investigations of insurance fraud. The individual and organization must be engaged in anti-fraud activities and must be in conformance with goals and objectives of the Association. Provided, however, any such individual whose professional activities or personal background are considered adverse to the objectives and interests of the Association shall not be deemed eligible for membership.
3. A special agent or supervisory, special agent of the National Insurance Crime Bureau (NICB).
4. A local, state, or federal law enforcement officer (including fire investigators), or prosecutor who is involved in, or provides special expertise or services for the investigation and/or prosecution of insurance fraud crime.
5. A full-time investigator or investigations supervisor of a state insurance fraud bureau.
B. Associate membership shall include:
1. Any individual of an insurance company or self-insured corporation who is involved with antifraud activities and provides special expertise or services for the investigation of insurance fraud crime. Provided, however, any such individual whose professional activities or personal background are considered adverse to the objectives and interests of the Association shall not be deemed eligible for membership.
2. Any individual employed on a full-time basis as a fire investigator, claims investigator, forensic scientist or analyst, insurance defense attorney, paralegal employed by an insurance defense firm, accountant, or any other forensic or professional field involving civil or criminal insurance fraud investigations shall be eligible for membership. . Provided, however, any such individual whose professional activities or personal background are considered adverse to the objectives and interests of the Association shall not be deemed eligible for membership.
C. Charter membership shall include:
All individuals who became regular members prior to July 1,1996.
D. No person, firm, corporation, or partnership shall be eligible for any class of membership if he/she/they is a member or associated with any corporation, firm, proprietorship, partnership, business, entity, or association whose objectives, goals, and/or operations are inconsistent and/or adverse to the purpose, objectives, and
interests of SCIFI.
SECTION 2 – LIFE MEMBERSHIP
A. SCIFI may bestow, upon approval of the majority of the Board of Directors, Life Membership to any qualified Active Member of SCIFI who has met the following requirements:
1. Individual must be or have been an Active Member, in good standing, of SCIFI for a minimum of ten (10) years.
2. Individual must have rendered distinctive service to SCIFI through participation on committees or other activities.
B. Any member, in good standing, of SCIFI, may submit, in writing, to the Board of Directors, a candidate for Life Membership.
C. The designation of Life Membership shall be brought to the attention of the general membership at the Annual Meeting and/or the Educational Seminar and an appropriate plaque shall be presented to the recipient, recognizing this honor.
D. A Life Member shall have all the rights and privileges of, to include holding office, and be considered an Active Member without the payment of dues.
SECTION 3 - APPLICATION PROCEDURES
A. Applications for membership in the Association shall be submitted to SCIFI at an address designated by the Board of Directors on an approved Membership Application Form, containing the name and signature of a regular member as sponsor of the applicant.
B. Payment of one year's membership dues shall be submitted with the application. Membership dues and/or fees shall not be prorated or refunded.
C. All individual applicants must be at least twenty-one (21) years of age at the time of application for membership.
D. No person shall be eligible for any class of membership if they have ever been convicted of any insurance related crime, felony, or any crime of moral turpitude.
SECTION 4 - MEMBERSHIP APPROVAL
A. All applications for membership shall be reviewed by the Board of Directors. Membership shall be granted upon a two-thirds vote of the Board of Directors, upon applicant's demonstrating eligibility for membership pursuant to these Bylaws and a satisfactory personal and professional reputation and/or standing in the community.
B. The decision of the Board of Directors in approving or rejecting an application for membership shall be final.
SECTION 5 - TERMINATION OF MEMBERSHIP/EXPULSION
Membership in SCIFI shall be terminated by:
1. A member's voluntary withdrawal;
2. By a two-thirds vote of the Board when the Board, in its discretion, determines that any member has exhibited conduct inconsistent with the objectives and qualifications of the Association;
3. When the member's primary function or responsibility no longer involves the investigation of suspect and/or fraudulent insurance claims; and
4. By the Association Treasurer, who upon notifying the member of his failure to make payment of dues or other obligations to the Association has the power to terminate that individual's membership
5. Upon conviction of any insurance related crime, felony, or any crime of moral turpitude.
ELECTION AND TERMS OF OFFICES
SECTION 1 - OFFICERS
The officers shall be President, Vice President, Secretary, and Treasurer. All officers must be regular members in good standing.
SECTION 2 - TERMS OF OFFICE
The terms of Officers will be one (1) year or until the election of the respective successors at the annual meeting. The terms of Directors will be one (1) year or until the election of their respective successors at the annual meeting.
SECTION 3 - VACANCIES
Any vacancy occurring among the officers or Board shall be filled by appointment by the President. If the office of President becomes vacant, he/she shall be replaced by the Vice President. The term will be the remaining portion of the term vacated.
SECTION 4 - ELECTION
A. All officers and directors shall be elected at the annual fall meeting.
B. All regular members in good standing shall have the right to cast individual votes on all association business placed before them at meetings.
C. All votes must be in person. There will be no absentee voting.
SECTION 1 - BOARD OF DIRECTORS
The Board of Directors shall consist of nine (9) regular members in good standing, including the four (4) Officers, with the remaining five (5) seats comprised as follows:
1. One (1) Board Member shall be a member of the law enforcement community, as described in Article II, Section 1.A.4. hereinabove;
2. One (1) Board Member shall be an insurance company employee primarily engaged in the investigation of insurance fraud, as described in Article II, Section 1.A.1, hereinabove;
3. The remaining three (3) at-large Board members may be from any of the types of regular members described in Article II, Section 1.A. hereinabove. If no members eligible for each of the dedicated Board of Directors seats described in paragraph 1 or 2 above seek such seats, then those seats shall be elected at large.
SECTION 2 - DUTIES AND POWERS
The Board of Directors shall have full power to initiate and transact the business necessary to the existence of SCIFI and the observance of its purposes. A simple majority of the Board shall constitute a quorum. The Board shall determine the time and location of meetings and inform the membership. The Board shall have the general powers to direct, control, and supervise the affairs of the SCIFI. Each Board of Directors member shall have one (1) vote.
SECTION 3 - PRESIDENT
The President is the Chief Executive Officer. It shall be his/her responsibility to supervise and coordinate the activities of SCIFI. The President shall preside at meetings, including Board of Director meetings, and shall appoint appropriate committee to be responsible for the activities of SCIFI.
SECTION 4 - VICE PRESIDENT
The Vice President shall preside in the absence of the President. It shall be the duty of the Vice President to assist the President in any matter of Association business.
SECTION 5 - SECRETARY
The Secretary shall keep the records and minutes of meetings, retain and preserve the constitution and bylaws, and maintain a current listing of all members.
SECTION 6 - TREASURER
The Treasurer shall be custodian and depositor of funds of SCIFI. Funds shall only be disbursed as authorized and approved by the Board of Directors. The Treasurer shall make a complete reporting
at the annual meeting and to the Board of Directors at each Board meeting.
SECTION 7 - LEGAL COUNSEL
A. The Board of Directors may be two-thirds majority vote, appoint individuals to serve as legal counsel to the Association. The rate of reimbursement for the appointed legal counsel of the Association shall be determined by the Board of Directors.
B. The duties and responsibilities of the legal counsel shall be determined by the Board of Directors.
SECTION 8 - COMPENSATION
Members of the Board of Directors, as such, shall not receive any salary for their services.
SECTION 1 - QUARTERLY MEETINGS
A. The Association shall have quarterly meetings to be determined by the Board.
B. The meetings shall be conducted according to Robert's Rules of Order.
SECTION 2 - BOARD OF DIRECTOR MEETINGS
A. The Board of Directors shall meet a minimum of four times during a calendar year. The Board may elect to hold additional meetings to conduct business of the Association. The Board, by majority vote, shall determine the date, time, and location of any Board meetings.
B. The Board of Directors, by majority vote, may hold executive sessions of the Board and exclude any individual not duly elected as an Officer or Director of the Association.
C. Minutes of all Board meetings shall be kept by the Secretary and after the minutes have been read and approved by the Board, they shall be open for inspection by any member of the Association.
SECTION 1 - FEES AND DUES
A. Annual dues will be set by majority vote of the Board of Directors. Dues shall be submitted with a membership application and shall not be prorated.
B. Law enforcement members shall be exempt from annual dues.
SECTION 2 - FISCAL YEAR
The fiscal year shall be calendar year from January 1 to
SECTION 3 - NON-PROFIT ORGANIZATION
A. The Association is organized and shall be operated for charitable and/or educational purposes within the meaning of Section 501(c) of the Internal Revenue code.
B. No part of the Association's net earnings shall be issued to the benefit of any individual.
C. The Association is not organized to engage in any activity ordinarily conducted for profit.
SECTION 1 - REQUIREMENTS
This Constitution and Bylaws may be amended at any regular meeting or special meeting of the Association by a vote of two-thirds of the members present, providing:
1. The proposed amendment is presented with form consistent and without conflict with the remainder of the Constitution and Bylaws of the Association.
2. The proposed amendment is first disseminated to the general membership for review at a prior meeting of the Association.