In October 1992, a workshop,
lead by the Maritime Administration, was held for the U.S. shipping industry
and selected Government organizations to explore interest in the concept
of cost-shared cooperative research programs to provide industry-wide research
and development for technological innovations that would provide high quality
service for customers while minimizing operating costs and maximizing ship
safety and reliability.
In April 1993, the Cooperative
was officially formed with the execution of a Cooperative Agreement between
Sea-Land Service, Inc.; ARCO Marine, Inc.; Energy Transportation Group;
National Oceanic and Atmospheric Administration; and the Maritime Administration.
Currently, Members represent
ship operators and owners, Ready Reserve Fleet (RRF) ship managers, Government
Agencies, maritime union schools, maritime training, education, and research
institutions, technology developers, and classification societies.
ARTICLE
I
NAME
The name of this Cooperative
shall be the Ship Operations Cooperative Program, the official abbreviation
and the term "SOCP" shall be construed to mean the Ship Operations
Cooperative Program.
The SOCP may also be referred
to as the "Cooperative."
ARTICLE
II
OFFICIAL
PUBLICATION
The official publication
of the Ship Operations Cooperative Program shall be the "Ship Operations
Cooperative Program - Program Description."
ARTICLE
III
PROGRAM
YEAR
The SOCP's Program Year shall
begin on January 1 and end on December 31 of each calendar year.
ARTICLE
IV
PURPOSE
The purpose of the SOCP shall
be to promote beneficial innovations in ship operations through the identification,
development, and application of new methods, tools, and technologies.
ARTICLE
V
OBJECTIVES
The objectives are to improve
the safety, competitiveness, productivity, efficiency, and environmental
responsiveness of U.S. vessel operations. Activities of the SOCP include:
Section
1. Bringing together on a regular basis representatives from
U.S. based organizations (including commercial, governmental, educational,
labor unions, research, and classification societies or other invited organizations)
which are involved in, or provide support for, the design, construction,
operation, management, maintenance, or repair of vessels.
Section
2. Determining common problems and interests among the Cooperative's
members
Section
3. Making recommendations concerning cooperative actions, which
might be undertaken to resolve these problems by implementing applicable
technology or training initiatives.
Section
4. Developing and implementing plans for the performance of
individual projects which are approved by the membership.
Section
5. Making recommendations to regulatory agencies and standards
organizations in the interest of maritime safety and environmental protection
based on its collective knowledge and/or the results of SOCP projects.
ARTICLE
VI
ORGANIZATIONAL
STRUCTURE AND AUTHORITIES
Section
1. The Ship Operations Cooperative Program shall be governed
by the Cooperative Agreement, Bylaws, Code of Membership and such other
documents as the Cooperative may make consistent therewith.
Section
2. The governing body of the Cooperative shall be the Members
of the Cooperative, except that the Cooperative shall elect as spokespersons
and for oversight, Co-Chairpersons. In addition, an Operations Committee
shall be elected to guide the day-to-day operations of the Cooperative.
Section
3. The structure of the Cooperative shall be as follows:
A.
Co-Chairpersons - The Co-Chairs of the Cooperative will
have overall responsibility for all aspects of the Cooperative's operations.
1. The Co-Chairpersons
will act on the Cooperative's behalf and at their direction on all matters
concerning the program.
2. The Co-Chairs shall
preside over the Operations Committee.
B.
Operations Committee Representatives - The Operations Committee
will be comprised of five (5) elected representatives in addition to the
Co-Chairpersons.
1. The Operations
Committee will assist the Co-Chairs as needed in the daily operations of
the Cooperative.
2. All major decisions
will be made by a vote of all Members of the Cooperative as described in
Section 4 below.
Section
4. The Members of the Cooperative shall have the authority to:
(a) Revoke the membership
of any Member who does not fulfill its obligation or fails
to follow the Code of Membership.
(b) Approve the acceptance
of new members.
(c) Reinstate a Member.
(d) Make policy decisions
concerning the operation and management of the Cooperative.
(e) Approve the financial
program for the program year.
(f) Act upon bylaws, amendments,
resolutions and new business items.
(g) Set all fees.
(h) Determine the technical
program for the year.
(i) Retain a Program Administrator.
Section
5. Technical Teams shall:
(a) Be led by a
Project Executive who is a Member or designee.
(b) Support initiatives undertaken
by the SOCP.
(c) Direct the implementation
of projects undertaken by the SOCP.
Section
6. Program Administrator shall:
(a) Maintain financial
records and prepare quarterly financial reports for SOCP.
(b) Provide support services
to the Project Executive, as directed, during project formulation and execution.
(c) Coordinate all activities
necessary to conduct SOCP membership meetings and produce meeting reports.
(d) Provide a central information,
coordination, and dissemination service for SOCP.
(e) Prepare and disseminate
progress reports at a frequency directed by the Co-Chairpersons.
ARTICLE
VII
ELECTIONS
AND TERMS OF OFFICE
Section
1. The term of Office shall correspond with the calendar year,
beginning on January 1st and ending on the last day of the calendar year.
Section
2. The Co-Chairpersons and the Operations Committee shall serve
a 12-month term and may be re-elected. Co-Chairs may serve no more than
two (2) consecutive terms.
Section
3. Elections shall be held at the fall meeting immediately prior
to the beginning of each Program Year.
ARTICLE
VIII
MEMBERS
Section
1. Any U.S. based organization (including commercial, governmental,
educational, labor unions, research, and classification societies or other
invited organizations) which is involved in, or provides support for, the
design, construction, operation, management, maintenance, or repair of
vessels. Membership in the Cooperative shall consist of two types, which
are defined as follows:
Membership
Types:
1. All US
based organizations that have been accepted by a majority of SOCP members
and who make an annual cash contribution to the SOCP in the amount of $5,000
(five thousand dollars).
2. Federal and State
maritime academies, accademic institutions, and Secondary School (High
Schools and Technical Schools) which are publicly funded and are part of
a Public School District, whether State, Regional or Local that have been
accepted by a majority of SOCP members and who make an annual cash contribution
to the SOCP in the amount of $1,000 (one thousand dollars).
Section
2. For new members joining after July 1st of the program year,
dues will be prorated to the amount of $2,500 for that program year.
Section
3. Eligible organizations may apply to become a Member by making
a written request to the Co-Chairpersons. On acceptance, the Member has
a seat on the SOCP Cooperative, which entitles the Member to participate
in all policy-making functions and to vote on all matters before the Cooperative.
Section
4. Government and Private Sector organizations may become members
at any time by paying the required annual dues and signing the Cooperative
Agreement if they are accepted by vote of the Members of SOCP.
Section
5. A member may, at any time, withdraw from the SOCP and terminate
all obligations under the Cooperative Agreement upon providing thirty (30)
days written-notice to the Co-Chairpersons with copies to all SOCP members.
If a Member withdraws prior to the end of a program-year, no part of their
cash contribution will be refundable.
ARTICLE
IX
FINANCE
Section
1. Dues -
All monies due as a condition of membership shall be paid to the Cooperative
as follows:
(a) Continuing Members'
dues shall be paid by April 1st
of each year.
(b) New Member dues shall
be paid within 30 days of receiving invoice.
Section
2. A Member's failure to meet its financial obligations shall
be grounds for forfeiture of membership, unless the Cooperative provides
other consideration.
Section
3. The Co-Chairs will be allotted a total of $20,000 in discretionary
funds to carry out SOCP functions. Anticipated fund expenditures must be
approved by both Co-chairpersons and shall not exceed $20,000 annually.
ARTICLE
X
MEETINGS
AND QUORUMS
Section
1. Meetings
(a) The regular
meetings of the SOCP shall be held at least two times annually during the
program year unless otherwise ordered by the Co-Chairpersons.
(b) The regular meetings
shall be for the purpose of receiving reports of technical teams, demonstrations
of new technology, making budget allocations, and for any other business
that may arise.
(c) The Co-Chairpersons may
call special meetings.
Section
2. Quorums
A majority of the Member
organizations present at a meeting or responding to an interim ballot,
whose dues are current, shall constitute a quorum.
Section
3. Voting -
(a) Each member
organization is entitled to a vote. All issues requiring a vote of the
Cooperative will be decided by a majority vote.
(b) After April 1st of each
program year, only those members whose dues are current will be eligible
to vote.
ARTICLE
XI
RIGHTS
IN PROPERTY
The SOCP shall have rights
to any and all products funded by and produced for SOCP members. A Member
may use, throughout its organization, any and all products developed by
the SOCP for its members, but may not give away, sell or cause to be sold
any product, derivative of the product or service resulting from design,
development, or funding by the Cooperative without the approval of the
Cooperative.
ARTICLE
XII
IMPLEMENTATION
OF THE BYLAWS
The Cooperative Agreement
is the governing document for the SOCP Bylaws and these Bylaws are in accordance
with the Agreement. However, in the unlikely event that there is a conflict
between the Cooperative Agreement and these Bylaws, the Cooperative Agreement
shall govern.
ARTICLE
XIII
PARLIAMENTARY
AUTHORITY
Robert's Rules of Order,
newly revised shall govern all matters not provided for in these Bylaws.
ARTICLE
XIV
AMENDMENT
OF BYLAWS
These Bylaws may be amended
at any regular meeting of the SOCP by a majority vote of the Member organizations
present at a meeting provided that the amendment has been submitted in
writing at the previous regular meeting or 30 days prior to the next regular
meeting.