Bylaws

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Table of Contents

SMART PEER TO PEER INC.Stress Management Assistance Response Team

Mission Statement:

The mission of the Stress Management Assistance Response Team of Schoharie County (SMART) is to effectively recognize and respond to first responder or family members of first responders who are experiencing emotional or physical symptoms from direct or indirect exposure to acute or chronic high stress incidents. SMART will respond by listening, referring, and supporting those in need.

Article One Offices

1. The principal office of SMART Peer to Peer Inc. is in the Village of Cobleskill, County of Schoharie, and State of New York. SMART Peer to Peer Inc. may have other offices, either within or without the State of New York, as the Officers may determine or as the affairs of SMART Peer to Peer Inc. may require from time to time.

Article Two Purposes

1. On behalf of and for the benefit of first responders and their families of Schoharie County, New York, the purposes of SMART Peer to Peer Inc. shall be:

SMART Peer to Peer Inc. strives to help normal people who do extraordinary work process their abnormal experiences to prevent burn out and further loss of life. This is accomplished by providing defusing and/or debriefing sessions to first responders and first responder family members as needed within one week after they have responded to any critical incident event. By providing this support, we strive to maintain the membership of our community volunteer and paid first responders and their families and to prevent undiagnosed trauma related to what first responders experience in the field.

Article Three Basic Policies

The following are basic policies of SMART Peer to Peer Inc.:

  1. SMART Peer to Peer Inc. shall be noncommercial, nonsectarian, and nonpartisan.
  2. The names of SMART Peer to Peer Inc. or the names of any members in their official capacities shall not be used in any connection with a commercial concern or with any partisan interest or for any purpose not appropriately related to promotion of the purposes of the Corporation.
  3. SMART Peer to Peer Inc. may cooperate with other organizations and agencies concerned with critical incident events and first responders, but persons representing the Corporation in such matters shall make no commitments that bind SMART Peer to Peer Inc.

Article Four Membership

  1. SMART Peer to Peer Inc. is primarily comprised of members from EMS, firefighters, 9-1-1 dispatchers, law enforcement, clergy, mental health providers, and community members. However, any individual/agency who subscribes to the purposes and basic policies of SMART Peer to Peer Inc. may become a member, subject only to compliance with the provisions of the Articles of the Bylaws. SMART Peer to Peer Inc. membership shall be available without regard to race, color, creed, or national origin.
  2. SMART Peer to Peer Inc. shall conduct an annual enrollment of members, but interested candidates may become members upon written request and acceptance at the next regularly scheduled meeting of the team. If accepted, members will be required to attend a basic level certification training and will be considered provisional members until the certification is complete. A basic level certification training will be completed within one year of membership. Once the basic level of certification is attained, the member will be considered an active member.
  3. All members in good standing shall be eligible to participate in the monthly business meetings of SMART Peer to Peer Inc. However, only members who attend 50% of scheduled meetings in each calendar year shall be considered voting members and are eligible to serve in any of its elective or appointive positions.

Article Five Meetings of Members

  1. Regular meetings of SMART Peer to Peer Inc. shall be held monthly. Ten days’ notice shall be given if a meeting date must be changed.
  2. Fifty percent of the voting members shall constitute a quorum for the transaction of business in any meeting of SMART Peer to Peer Inc.
  3. Each voting member shall be entitled upon each proposal, matter, or motion at each meeting of the members to one vote.
  4. All proposals, matters, or motions presented at a meeting of members shall be decided by a majority vote of the voting members present at said meeting.
  5. Virtual Meetings are acceptable. Meeting attendance can be virtual or in-person.

Article Six Officers and Their Election

Officers.

1. The officers of SMART Peer to Peer Inc. shall consist of Chair, two Co-chairs, Secretary, and Treasurer.

1.2. Officers shall be elected by vote of SMART Peer to Peer Inc. in December. However, if there is but one nominee for any office, the Secretary shall cast the elective ballot for the nominee.

1.3. Officers shall assume their official duties in January and shall serve for a term of one year and until the election and qualification of their successors.

1.4. A person shall not be eligible to serve more than two consecutive terms in the same office unless approved in advance by SMART Peer to Peer Inc.

1.5. Any two or more offices may be held by the same person, except the offices of Chair and Secretary.

Election.

2.1 There shall be a nominating committee composed of three members, one of whom shall be selected by SMART Peer to Peer Inc. from its body, and one of whom shall be selected by the officers of the Corporation at a regular meeting at least one month prior to the election. Nominations will be received at the November Regular Meeting. At the December Regular Meeting, the person receiving the highest number of votes cast by the SMART Peer to Peer Inc. membership shall serve in the office for which they have been nominated.

2.2 Only those persons who have signified their consent to serve if elected shall be nominated for or elected to such office.

2.3 A vacancy occurring in any office shall be filled for the unexpired term by a person elected by a majority vote of the remaining officers, with notice of such election having been given. In case a vacancy occurs in the office of Chair, the Co-Chair shall serve notice of the election.

Article Seven Duties of Officers

1. The Chair shall preside at all meetings of SMART Peer to Peer Inc. at which they may be present; shall perform such other duties as may be prescribed in these Bylaws or assigned by the Corporation and shall coordinate the work of the officers and committees of the Corporation in order that the purpose of said duty may be promoted.

2. The Co-chair shall act as an aide to the Chair and shall perform the duties of the Chair in the absence or disability of that officer to act.

3. The Secretary shall review the recorded meeting minutes and ensure that they accurately reflect the meeting.

4. The Treasurer shall have custody of all the funds of SMART Peer to Peer Inc., keep a full and accurate account of receipts and expenditures, and make disbursements as authorized by SMART Peer to Peer Inc. or by special committee. The Treasurer shall present a financial statement when requested and shall make a full report annually. The Treasurer shall be responsible for the maintenance of such books of account and records to conform to the requirements of the Bylaws.

5. The Treasurer’s accounts shall be examined annually by an auditing committee of not less than three members, who, satisfied that the Treasurer’s annual report is correct, shall sign a statement of that fact at the end of the report. The auditing committee shall be appointed by the Chair at least two weeks before the annual meeting.

6. All officers shall:

6.1 Perform the duties prescribed in the parliamentary authority in addition to those outlined in these Bylaws and those occasionally assigned.

6.2 Deliver to their successors all official material no later than ten days after their election.

Article Eight Standing and Special Committees

1. SMART Peer to Peer Inc. may create such standing committees as it may deem necessary to promote the purposes and carry on the work of the Corporation

2. The power to form special committees and appoint their members rests with the SMART Peer to Peer Inc. Officers.

3. The Chair shall be a member ex-officio of all committees.

Article Nine Discrimination

1. SMART Peer to Peer Inc. shall maintain a policy by which no person shall be discriminated against because of race, age, color, national origin, sex, sexual preference, or disability.

Article Ten Amedments to the Bylaws

1. The Bylaws may be altered, amended, or repealed and new Bylaws may be adopted by a majority vote of the Membership, and approved by the Officers.

Article Eleven Participation Requirements

1. Members are required to have basic level certification, accomplished by completing either Group Crisis Intervention or Assisting Individuals in Crisis training. Members are expected to seek additional training, including the following courses: Advanced Group Crisis Intervention, Advanced Assisting Individuals in Crisis, and Suicide Prevention, Intervention, and Postvention.

2. Once accepted, members are expected to carry the SMART Peer to Peer Inc. cellphone when assigned and to respond to a request for a Debriefing or Defusing when available.

Article Twelve Smart Confidentiality

1. All SMART Peer to Peer Inc. members must keep all interventions confidential which is a requirement of the Federal Health Insurance Portability and Accountability Act (HIPAA). Whenever SMART Peer to Peer Inc. responds within Schoharie County or renders mutual aid outside of the area, members are not to take notes during the Debriefing or Diffusing. Any violation of confidentiality of a Debriefing or Diffusing can be grounds for revocation of membership. Team members are still obligated to fulfil their professional obligations as Mandated Reporters whenever abuse is disclosed during a Debriefing or Diffusing.

Article Thirteen Smart Conflicts of Interest for First Responders

1. All SMART Peer to Peer Inc. members are to be mindful of potential conflicts of interest that include, but are not limited to: facilitating a debriefing or diffusing at the site of one’s employment; participating in a debriefing or diffusing regarding a critical incident where a member provided mutual aid as a part of their ambulance, fire department, or law enforcement department; or are aware of the dual relationships between responders that might influence or impair a member’s objectivity or professional judgment.

Article Fourteen Smart Conflicts of Interest for Mental Health Providers

1. A mental health provider who participates in a debriefing or diffusing may not treat or target a first responder for profit or barter. Should the mental health provider and first responders wish to engage in a therapeutic relationship, the mental health provider may do so on a pro bono basis only.

Article Fifteen Chain of Command

1. First responder organizations that are seeking a debriefing or diffusing session can contact SMART Peer to Peer Inc. via the main phone number or in person. Should a first responder organization contact a SMART Peer to Peer Inc. member for a debriefing or diffusing, the member who receives the request should notify the Chair. The Chair reserves the right to assign or reassign members to interventions based on the dynamics of the requesting first responder team.

Article Sixteen Continuing Education

1. All members are encouraged to participate in continuing education opportunities whenever they are offered by SMART Peer to Peer Inc. or any other certifying professional organization.

Article Seventeen Responding to Debriefing/Defusing Request

1. When SMART Peer to Peer Inc. receives a request for a Debriefing or Defusing, the Chair will contact the membership to determine who is available and will assign members to respond. Members are not to participate in line-of-duty deaths regarding companies of their own certifications (i.e., EMS to EMS, Fire Fighter to Fire Fighter, Law Enforcement to Law Enforcement).

2. The Chair will coordinate the debriefing/diffusing session with the first responder agency that has requested it.

3. The Chair will conduct periodic follow up calls with the first responder agency that was involved in the incident to determine whether future debriefing/diffusing sessions would be needed and to obtain any feedback, positive or negative, about the initial session.

Article Eighteen Post Action Staff Support

1. After every debriefing or diffusing, the Chair will check in with the agency where the intervention took place to determine if further diffusing sessions are necessary and to get feedback regarding the agency’s experiences with the intervention. Scheduling of timeframes for follow-up will be in the SMART Policy and Procedures manual.

Article Nineteen Discipline

1. Anyone may file a complaint regarding the actions of a SMART Peer to Peer Inc. member. Should a complaint be made, the Chair will notify the member of the nature of the complaint and allow that member to respond in writing.

2. The member has the right to request or waive a hearing with the SMART Peer to Peer Inc. Officers.

3. Once the hearing is completed, a decision regarding disciplinary action toward the team member will be made within ten business days.

4. Discipline may take the form of Oral or Written warnings, Temporary Suspension, and permanent dismissal from the SMART Team.

Article Twenty Revocation of Membership

1. If a complaint is received regarding a member’s conduct, their interaction with peers at a defusing/debriefing, or any other violation of the By-Laws and/or Standard Guidelines, it is the Chair’s responsibility to address the member and determine if there are grounds for dismissal. Until this determination is made, a member may be placed on temporary restrictions from responding to incidents. This is to protect the reputation of SMART Peer to Peer Inc. and the First Responders that we serve.

Team membership is revocable at the discretion of SMART Peer to Peer Inc. The causes for revocation of membership include:

  • Violation of Confidentiality;
  • Failure to follow acceptable intervention processes or standards of care;
  • Conviction of crimes that involve any type of felony;
  • Any misrepresentation of SMART Peer to Peer Inc.;
  • Any attempt by a team member to use their affiliation with SMART Peer to Peer Inc.to gain favor personally or professionally;
  • Failure to be present at an assigned intervention after committing to do so.

Article Twenty-One Dissolution of SMART Peer to Peer Inc.

1. Should SMART Peer to Peer Inc. cease to exist, all remaining allowable funds will be remitted to the New York Law Enforcement Assistance Program (NYLEAP).

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