Article I

Name and Objectives

Section 1

The name of this organization shall be the Patent and Trademark Depository Library Association (PTDLA), 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 Depository Libraries (PTDLs), and to advise the United States Patent and Trademark Office (PTO) in these matters for the benefit of PTDLs and their users, and to assist the PTO in planning and implementing appropriate services.

Article II

Membership

Section 1

Regular membership shall be open to any person who is employed in a PTDL and whose responsibilities include the patent collection. The term of membership is one year and shall run from the last day of the annual training seminar to the last day of the next year’s seminar.

Section 2

A regular member 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

Affiliate membership is open to persons not eligible for regular membership who fall into the following categories: retired PTDL staff, former PTDL representatives, librarians and staff at public, academic or special libraries who respond to questions from their clientele regarding patent and trademark information, and current and former USPTO staff. Affiliate members may serve on any Association Committee except those that may be required to take an official position on topics affecting the relationship between the U.S. Patent and Trademark Office and the Patent and Trademark Depository Libraries. Affiliate members may not vote or hold office in the Association. The term of membership is one year and shall run from the last day of the annual training seminar to the last day of the next year’s seminar.

Article III

Dues

Section 1

The annual dues for members and affiliate members of the Association shall be twenty-five dollars per person.

Section 2

Dues shall be payable by the day of adjournment of the annual PTDL/PTO Conference. If no conference is held in a year, dues shall be payable not later than July 1 of that year. Membership shall be open to new members and affiliate members throughout the year. Dues paid by new members joining in the last quarter of the membership 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 PTO 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 Regions of the Association, as described in Article V.

Section 3

In years when a PTDL/PTO Conference is held, the Council shall hold a meeting no more than one week prior to the Conference, and additional meetings during the Conference as seem 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 Regional 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 Regional Representative must be elected or appointed from among members of the Region 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 July first of each year or on the day of adjournment of the PTDL/PTO Conference if such a Conference 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; Regional Representatives, two years. Beginning with the 1987 elections and continuing thereafter, the Regional Representatives shall be elected on a rotating basis for the prescribed terms of office according to the following cycle: Regional Representatives elected from odd numbered Regions shall be elected in odd numbered years; Regional Representatives elected from even numbered Regions 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 PTO and shall act as representative of the Association to the PTO. 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 PTO 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 a member without a vote of all committees of the Association except the Election Committee. 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. 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. The President will also be named on the checking account of the Association.

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 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 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 PTDL/PTO Conference. If no Conference 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 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 PTDLs.

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 mail. The Council shall establish a closing date for return of mail 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

Regions

Section 1

Each PTDL shall be a member of a Region. A Region shall be that portion of the United States the boundaries of which encompass not less that five and not more than fifteen locations of officially designated PTDLs. When the number of locations within a Region reaches sixteen, the Region shall be redefined. Such redefinition may result in the formation of one or more new Regions, or may allow reassignment of a PTDL to another Region. Redefinition of a Region shall require the approval of the majority of members of the Region or Regions involved, and of the majority of the Council. For a list of regions by state and PTDLs by regions, see Appendices A and B.

Section 2

Members from within each Region shall elect their own Regional Representative to the Council. The Election Committee of the Council shall arrange for this election as described in Article IX.

Section 3

The Regional Representative is responsible for communicating with the PTDLA members in the representative’s region, for discovering their needs and interest, and for transmitting this information to the Association and the Council. A written report of this information and of other activities of the representative shall be submitted to the Council at the business meeting of the Council and to the members of the Region represented.

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.

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, Conference, Election, and Archives.

Article IX

Nominations and Elections

Section 1

An Election Committee for the election of Vice-President/President-elect, Secretary, Treasurer, and the Regional Representatives shall be appointed by the Council at least six months before the closing date established for the Committee’s report. 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 two candidates for each of the offices of Vice-President/President-elect, Secretary, Treasurer, and the Regional Representatives. The names of the nominees and their written acceptances shall be presented to the Council not later than ninety 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 thirty days after close of nominations.

Section 3

Election shall be by secret ballot mailed or sent via electronic mail to each member at least forty-five 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 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

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, i.e. 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 XIII

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 PTDLs by mail or electronic mail message, at least six weeks before the business meeting. Any comments or proposals for discussion must be submitted to the Chair of the Bylaws Committee at least two weeks 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 PTDLs 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 two weeks before the meeting.

Section 3

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

REGIONS BY STATE

Realignment of regions approved by vote of the membership at the Association business meeting, 22 March 1994.

APPENDIX B

PATENT AND TRADEMARK DEPOSITORY LIBRARIES BY REGION

Realignment of regions approved by vote of the membership at the Association business meeting, 22 March 1994.