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ST. LOUIS POLICE OFFICERS' ASSOCIATION
FRATERNAL ORDER OF POLICE - LODGE 68
CONSTITUTION AND BY-LAWS
(Revised December 17, 2004)
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PREAMBLE
We the members of this Association do hereby declare that henceforth this organization shall be known as the Saint Louis Police Officers' Association.
We the members of the Saint Louis Police Officers' Association do declare and pledge the protection of our autonomy as a free body of American citizens, in our capacity as public employees.
The objective of the Saint Louis Police Officers' Association shall be to advance the moral, social, and material standing of the members of the Association by honorable and lawful means. As a labor organization, the Association shall endeavor to achieve Collective Bargaining with Binding Arbitration. As an organization of public employees, the Association shall endeavor to protect basic rights of its members including the right to a residence of choice.
The Saint Louis Police Officers' Association shall be of corporate unity pursuant to the right and liberty of free association under natural and common law, the law of the Constitution of the United States of America and the State of Missouri, to promote and to protect the welfare of one another, and to provide financial and legal assistance, subject to the discretion of the Executive Board in accordance with the Constitution and By-Laws of this Association.
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ARTICLE ONE: MEMBERSHIP
SECTION 1. Any commissioned police officer employed by the Saint Louis Metropolitan Police Department may apply for membership in the Saint Louis Police Officers' Association.
SECTION 2. Admission to the Association is voluntary. Written applications shall be made to the Executive Board. A file of said applications shall be maintained by the Financial Secretary.
SECTION 3. All commissioned police officers or shall be eligible to apply for membership in the Association.
SECTION 3A. Applicants eligible for membership in the Association may apply for membership during the initial period of one (1) year following their date of commission, without assessment of fees. Any applicant applying for membership after the initial period of one (1) year has lapsed must make an extraordinary application for membership and pay an application fee set by Executive Board of not more than $500 nor less than one (1) year's dues.
SECTION 3B. All reinstated commissioned officers of this department who were not members of the Association at the time of their termination and who have not been on the department for two or more years at the time of termination shall be governed in terms of eligibility by Article One, Section 3A.
SECTION 3C. All reinstated commissioned officers of this department who were members of this Association in good standing upon their termination may reactivate their membership without cost by written application within ninety (90) days of reinstatement. Should this period lapse, Article One, Section 3A shall determine eligibility.
SECTION 4. Extraordinary applications for membership shall be considered by the Executive Board. Approval Of such applicants must be a two-thirds (2/3) vote of those present at an Executive Board meeting with a quorum. The Executive Board may suspend, or reduce, the extraordinary application fee by a two-thirds (2/3) vote of those present at an Executive Board meeting with a quorum.
SECTION 5. Should any Objections by any active member of this Association to an applicant arise, such objections shall be submitted in writing to the Executive Board which shall consider the objections and the questioned application.
SECTION 6. Any applicant for active membership once rejected by a majority vote of the Executive Board shall not be reconsidered for a period of six months.
SECTION 7. No member of this Association may be suspended, expelled, removed from office or otherwise disciplined by the Association except for non-payment of dues, unless such member has been served with written specific charges prepared by a" investigating Committee setting forth the allegations justifying such action, by certified letter to his/her current address of record on file at the Association office.
SECTION 7A. The Investigating Committee shall consist of five (5) members. The President, or Vice-President, if the President is the subject of the charges, shall submit the names of eight (8) members in good standing to the Executive Board who in turn shall select, by written ballot, those five (5) members who will comprise the Investigating Committee.
SECTION 7B. The charged member shall be given a reasonable time of not less than seven (7) nor more than thirty (30) days after the certified letter of charges is mailed to prepare his/her defense.
SECTION 7C. The charged members shall be afforded a full and fair hearing before the Executive Board serving as a Trial Board. The case in support of the charges shall be presented by the Chairman of the Investigating Committee or a person designated by him/her. The charged member shall have the right to confront and cross-examine the witnesses against him/her, and to present witnesses and evidence in his/her own defense.
SECTION 7D. The charged member may be represented by another member of the Association as his/her Advisor or Advocate to assist in his/her defense. However, no person who is not a member of this Association shall be permitted to represent the charged member at the hearing.
SECTION 7E. A quorum of the Executive Board shall be necessary to constitute the Trial Board. No member of the Executive Board who causes the charges to be investigated shall participate as a member of the Trial Board.
SECTION 7F. The Association's Recording Secretary shall make arrangements to have the hearing tape recorded, which shall constitute the official record of the proceedings.
SECTION 7G. At the conclusion of all the evidence the Chairman of the Investigating Committee, or his/her designee, and the charged member shall have the opportunity to present oral argument as to the charges to the Executive Board after which the hearing record shall be closed.
SECTION 7H. The Executive Board shall thereafter determine in closed session whether the charged member is guilty of the acts alleged, and the appropriate penalty, if any. The determination as to a members guilt and the appropriate penalty shall be by a majority vote of the Executive Board members present and voting by secret ballot.
SECTION 7I. The determination of the Executive Board shall be reduced to writing and served on the charged member by certified mail, return receipt requested, addressed to the member's address of record.
SECTION 7J. If the charged member disagrees with the Executive Board's determination he/she may appeal said determination to the general membership by filing a written notice of appeal with the Recording Secretary within seven (7) days after the Executive Board's determination is received by the charged member. The appeal shall be announced and considered at the next general membership meeting, a quorum not required. A majority vote of those present and voting at said general membership meeting shall be necessary to defer the decision of the Trial Board and cause the decision to be submitted to the general membership for ratification by a majority of those voting in a membership referendum on the issue. Otherwise the Executive Board's decision shall be final.
SECTION 7K. Disciplinary action may be taken against any member who:
- Interferes with the St. Louis Police Officers' Association's legislative efforts;
- Interferes with the St. Louis Police Officers' Association's bargaining committee; who fails to support the official position of the Executive Board; who in any way misrepresents the St. Louis Police Officers' Association's position in any matter.
SECTION 7L. The Executive Board reserves the right to interpret and apply these rules, to waive the rules in appropriate cases, and to adopt other rules as necessary.
SECTION 8. Any active member of this Association who resigns or is terminated by the department whose termination is not under appeal by the Executive Board prior to his/her retirement shall automatically forfeit his/her membership and all rights thereto.
SECTION 8A. Any member who resigns, retires or is terminated by the Department while in good standing with the Association shall be entitled to legal defense in the event an allegation arises out of an in-line-of-duty incident which occurred while still a member of the Association. As in all cases, legal assistance as mentioned herein shall be subject to the discretion of the Association's Executive Board.
SECTION 8B. All members of the St. Louis Police Department who are members in good standing of the St. Louis Police Officers' Association at the time of their retirement from the Police Department shall by virtue thereof, be a Retired Member of the Association without payment of dues. Retired members may attend all Association meetings but cannot vote.
SECTION 9. Active members in the Association who hold rank above that of Sergeant shall not seek office in the Association. Should an office holder be suspended or promoted during his/her term of office, he/she shall complete his/her term of office. Any office holder who is retired or terminated and whose dismissal is not under appeal by the Executive Board shall be required to vacate his/her office.
SECTION 10. Subject only to the provisions of these By-Laws, every member in good standing in this Association shall have rights and privileges within the Association to vote in elections, attend membership meetings and to participate in the deliberations and voting upon motions considered at general or special membership meetings. With the same limitations, they shall likewise have the right to meet and assemble freely with other members, within and without membership meetings, and to express any views upon candidates in an election or upon any business properly brought before any meeting of the Association.
SECTION 11. The rights provided for in this section must be exercised in ways which do not conflict with (A) the provisions of these By-Laws; (B) the responsibilities of members of the Association to support the official position of the Association as set forth by the Executive Board and (C) the duties of this Association to perform its legal and contractual obligations.
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ARTICLE TWO: DUES
SECTION 1. The active membership dues shall be one and one-eighths percent (1.125%) of a five-year police officer’s salary each pay period, payable through the payroll deduction plan. In addition, there shall be a dues surcharge equal to one-twenty-sixths percent (1/26%) of the amount of the current Fraternal Order of Police Grand Lodge and Missouri State Lodge dues. The St. Louis Police Officers Association shall be affiliated with the Fraternal Order of Police Grand Lodge and the Missouri State Lodge and all members of the Association shall be included in membership. The surcharge shall be calculated based on the current dues charges to the SLPOA and shall be added to the active membership dues each pay period payable through payroll deduction plan. The amount collected attributable to the surcharge shall be deposited into a separate bank account used exclusively to pay Fraternal Order of Police Dues.
SECTION 2. Any assessments must be submitted to the active membership for approval.
SECTION 3. It shall be the duty of all members to pay the dues and fees of the Association when due. Delinquent dues, fees or assessments not dropped from the rolls and shall constitute a debt to the Association which may be collected by the Association through judicial action to collect, the amount owed plus interest, court costs, and the Association's reasonable attorney fees. A terminated member may re-submit for membership subject to the provisions of Article 1, Sections 1and 4.
SECTION 4. Suspended members shall not be required to pay dues during the period of his/her suspension.
SECTION 5. Any member of the Association who is also a member of any branch of the United States Military or armed forces and who is activated shall not be required to pay dues during their term of activation nor shall any such member lose any benefits or rights afforded by the By-Laws of the Association.
SECTION 6. Any member in good standing who is on extended sick/injured leave and the payment of Association dues become a hardship, may petition the Executive Board for a suspension of said dues, until such time that the member has a change in his/her status.
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ARTICLE THREE: GENERAL MEMBERSHIP MEETINGS
SECTION 1. The regular meetings of this Association shall be held at a time and place determined by the Executive Board. Notice of such meetings shall be posted in such conspicuous places as are available in the Divisions prior to the date of each meeting. There shall be a regular meeting of the Association bimonthly. Regular or Special Meetings may, upon a majority vote of the Executive Board be held in three separate sessions during a twenty-four (24) hour period to ensure attendance of members on all three shifts. A quorum at such meetings shall consist of ten percent (10%) of the general membership present cumulatively throughout the twenty-four (24) hour course of the meeting. A quorum shall be determined either by taking written attendance with each member signing in as the members presents themselves at the meeting throughout the twenty-four (24) hour period or by counting votes on any proposition submitted for vote at such meeting to establish whether ten percent (10%) of the general membership have voted considering both the “yeas” and “naes”. If it is determined that ten percent (10%) of the general membership have voted then a quorum will be considered to have been established and the vote shall be valid and binding on the organization. If less than ten percent (10%) of the general membership have voted, then a quorum shall not have been established and the vote shall be a nullity. Notice of the time, date, and agenda of said meetings shall be posted at least ten (10) days in advance of the meeting. Motions for voting must be listed on the Agenda. Proponents and opponents shall be given the opportunity to speak at each separate session.
SECTION 2. Special meetings of the Association may be called by the President or a majority vote of the Executive Board. Special meetings shall be called with five (5) days notice but such notice can be waived upon a three fourths (3/4) majority vote of the Executive Board. In such instances, the Division Representatives must notify the active membership within their Divisions.
SECTION 3. The attendance of ten percent (10%) of the general membership of the Association, excluding current members of the Executive Board, shall constitute a quorum at general membership meetings. The designation, ten percent (10%) of the general membership shall be determined by the using the most recent report of the Financial Secretary. The quorum at a regular or special meeting held in separate sessions may be obtained by adding together the members at each session.
SECTION 4. Any motion that appears to be detrimental to the Association adopted at an Executive Board meeting may be challenged by any two (2) At-Large officers of the Executive Board, four (4) Division Representatives, or the combination of one (1) At-Large officer and two (2) Division Representatives. Such challenge shall be submitted in writing to the Association office within ten (10) days of the Executive Board decision and shall be signed by the challenging officers and/or representatives.
SECTION 5. The newly elected officers and members of the Executive Board of the Association shall be installed at a special Executive Board meeting on November 1 before 12:00 noon.
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ARTICLE FOUR: ORDER OF BUSINESS
SECTION 1. The order of business for Association meetings and Executive Board meetings shall be:
- Roll call of elected officers
- Reading of the minutes
- Report of the Financial Secretary
- Report of the Treasurer
- Report of the President
- Report of Committees (Standing and Special)
- Old Business
- New Business
- Adjournment
SECTION 2. All rules of order not mentioned herein shall be in accordance with Robert's Rules of Order, Newly Revised.
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ARTICLE FIVE: OFFICERS
SECTION 1. The elective officers of this Association shall consist of a President, Vice-President, Recording Secretary, Financial Secretary, Treasurer, Sergeant-at-Arms, and thirteen (13) Representatives from the Divisions. The term of such elected officers shall be two (2) years. The regular elections for President, Financial Secretary, Sergeant-at-Arms, and Representatives from the odd numbered divisions shall be elected in the odd numbered years; the Vice-President, Recording Secretary, Treasurer, and Representatives from the even numbered divisions shall be elected in the even numbered years.
SECTION 2. Any member of the Executive Board who wishes to file a petition of candidacy for any other Executive Board office during his/her current term shall, by July 1, declare his/her intent to do so in writing and submit a signed resignation of his/her current office, effective October 31 of that year.
SECTION 3. Any active member with the Association not above the rank of Sergeant who has been in good standing continually for the period of not less than one (1) year next preceding the date of filing for the elective office may become a candidate for an elective office. Such candidacy must be declared by filing a petition of candidacy in the office of the Association from August first (1st) to and including August seventh (7th) of the election year, with the office being open to receive such petitions of candidacy on weekdays only [between 8:30 a.m. and 4:30 p.m. during the aforesaid time period] during normal business hours. The petition of candidacy will indicate the office sought; bear the signature of the candidate; the signatures of ten (10) active members if the office sought is an At-Large office (President, Vice-President, Financial Secretary, Recording Secretary, Treasurer, and Sergeant-at-Arms), or the signature of five (5) active members within a division if the office sought is that of a Division Representative. No active member shall sign more than one (1) petition for the same office and only a member of a Division shall sign a petition for a Representative from his/her Division. A candidate must be assigned to the Division he/she is seeking to represent at the time of filing.
SECTION 4. In the month of September the balloting shall be conducted and supervised by the Executive Board. The ballots shall be mailed to members of the Association at the address on file at the SLPOA office no later than September one (1). The returned marked ballots must be received by September fifteenth (15th) with the results being made public upon the receipt by the Association office of the final results. The returned ballots shall be collected and counted by a Certified Public Accountant designated by the Executive Board.
SECTION 5. The order of each candidate's name on the ballot for a particular office shall be in the order in which each candidate filed his petition of candidacy.
SECTION 6. The candidate that receives the greatest number of votes cast for a particular office shall be declared elected to that office. In the event of a tie, a run-off election shall be conducted as follows: Ballots shall be mailed no later than three (3) working days after the results have been posted. The returned marked ballots must be received within fifteen (15) days of the date of mailing.
SECTION 7. The elected candidates shall assume their offices on the First (1st) day of November.
SECTION 8. In addition to the obligations of all members, the officers of the Association may be suspended, removed or expelled for incompetence, inattention to the duties of their office, or for an act or omission detrimental to the best interest of the Association in accordance with the procedures set forth in Article 1, Section 7 through 7L.
SECTION 9. Any vacancy of an At-Large office on the Executive Board shall be filled with a qualified active member appointed by the President with the consent of a majority vote of the Executive Board present at an Executive Board Meeting. The appointee must conform to the requirement for holding office. Any member who assumes a vacancy on the Executive Board shall assume that office until the next annual election.
SECTION 10. All officers must upon expiration of their terms of office provide to their successors all books, funds, properties, documents, etc. that belongs to the Association. Deposed or suspended officers must deliver up immediately all Association properties etc. to the President of the Association.
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ARTICLE SIX: DUTIES OF OFFICERS
SECTION 1. The duties of President shall be that of chief executive officer of the Association. He/she shall preside at all meetings of the Association and Executive Board, prepare the agenda, decide all questions of order, appoint all committees except the Gendarme Committee, sign all warrants, checks and orders on the treasury for the payment of any monies authorized or ordered by the Association, execute on behalf of the Association all official documents requiring the signature of the President, be an ex-officio member of all committees, including the Gendarme committee and generally conduct the business of the Association. He/she shall be the official spokesman of the Association and that only the President, or such individuals as he/she may appoint in a specific instance, may make statements to the press pertaining to Association matters.
SECTION 2. The duties of the Vice President shall be to aid and assist the President in the conduct of his/her office. In the event of the absence of the President, the Vice-President shall assume the duties of the office of the President. Should the office of President become vacant during the elective term, the Vice President shall assume the office of President until the next general election.
SECTION 3. The duties of the Recording Secretary shall be to maintain the Minute Book, give notice of all meetings of the Association, have the care and custody of the Seal of the Association, affix the Seal of the Association to those kinds of documents designated by the President or the Executive Board. He/she shall keep a record of all members, their names, addresses, telephone numbers, and Divisions. He/she shall conduct such correspondence and perform such duties as the laws, rules, and usage's of the Association or the President may direct.
SECTION 4. The duties of the Financial Secretary shall be to keep a full and accurate account of each member's standing in the Association and to account for all proceeds. He/she shall receive all applications for membership and cause each applicant to subscribe himself/herself to the By-Laws of the Association. He/she shall report at each meeting the amount of proceeds received by him/her and within ten (10) days of the meeting deliver said proceeds and accounting to the Treasurer. It shall be the duty of the Financial Secretary to receive and receipt any funds coming to the Association. The Financial Secretary shall be an ex-officio member of any committee or activity which entails the receipt of proceeds.
SECTION 5. The duties of the Treasurer shall be to take custody of all proceeds, funds, securities, and monetary properties of the Association. He/she shall receive from and make receipt for all moneys received from the Financial Secretary. He/she shall keep proper books of account as prescribed by the Association. He/she shall deposit all Association funds in such banking institutions as the Executive Board may direct. All deposited moneys shall be withdrawn by check only; such checks shall be signed by the Treasurer and countersigned by the President. Such checks shall be issued upon vouchers specifically or generally approved by the Executive Board. The President and the Treasurer shall be bonded and there shall be an annual audit of the Association's books by a qualified certified public accounting firm designated by the Executive Board.
SECTION 6. The duties of the Sergeant-at-Arms shall be to cooperate with the President in preserving order during the meetings. He/she shall also check for membership at general membership meetings.
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ARTICLE SEVEN: EXECUTIVE BOARD
SECTION 1. The Executive Board shall consist of the President, Vice President, Recording Secretary, Financial Secretary, Treasurer, Sergeant-at-Arms, and the Division Representatives. There shall be at least seven Divisions to represent Active members, but not more than the number of Active members of the Association at the previous October election divided by 100, rounded up. The Executive Board shall determine the number of Divisions to represent Active members of the Association on the Executive Board. The Executive Board shall assign Association members to each division determined by their assignment in the St. Louis Police Department.
SECTION 2. The Executive Board shall conduct, manage, govern and administer all of the affairs of the Association not specifically provided for in the Constitution and By-Laws of the Association.
SECTION 3. The Executive Board shall consist of the At-Large officers and the Division Representatives. It shall adopt rules that it deems necessary for the proper conduct of the Association. It shall examine and order all bills paid against the Association not included in the annual budget. The evidence of such bills shall be submitted in writing to the Executive Board by the Treasurer, and the Executive Board shall rule upon such a payment by a majority of the members present. The Executive Board shall hold regular meetings, and may at other times be called into special meetings. A majority of the total number of At-Large officers and the Division Representatives shall constitute a quorum of the Executive Board.
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ARTICLE EIGHT: DIVISION REPRESENTATIVES
SECTION 1. It shall be the duty of the members of each Division to elect an Association member to represent their Divisions as Division Representative. The Division Representative shall present all matters of attention and concern from their Division to the Executive Board. The Division Representative is required to notify the Association office in the event of the death of any active member in his Division.
SECTION 2. The Division Representative shall be elected by a majority vote of the ballots cast in an election conducted under the rules and requirements set out from time to time by the Executive Board. Each term shall be for two years, with odd-numbered Division Representatives elected in odd years an the even numbered Division Representatives elected in even years, with the exception that in 2004 all Division Representatives shall be elected at once, and odd numbered Division Representatives shall serve an initial one-year term until the following year, and thereafter shall serve two-year terms.
SECTION 3. Each Division Representative shall designate four (4) alternates who may assume his/her duties in the event the Division Representative is absent from any regular or special Executive Board meetings. Such alternate shall be designated in order one (1) through four (4). The order of designation shall determine which alternate shall have the power to vote for the Representative in his/her absence. The ordered list of such alternates shall be presented to and maintained by the staff of the Association. Such designations shall be in writing on Association letterhead stationary, dated and signed by the Division Representative.
SECTION 4. Should the Division Representative be removed from office or otherwise be unable to serve in his/her capacity as an elected officer, his/her first (1st) designated alternate shall serve out the remainder of the term of office unless challenged in writing to the Executive Board by a member of the Division within sixty (60) days of the vacancy. If such a challenge is made by a member of the Division, a special election shall be held between the designated alternate and the challenger(s) to determine a Division Representative for the remainder of the unexpired term of office. If there are no designated alternates, and if there are no candidates for the vacancy, the President shall appoint a qualified member of the Division to serve out the unexpired term. Such an appointment must be ratified by a majority of the entire Executive Board.
SECTION 5. Should a Division Representative be transferred, he/she shall serve in his/her office until the next election.
SECTION 6. The Division Representation for the St. Louis Police Officers Association will be as follows:
Division One: All Association Members assigned to District #1.
Division Two: All Association Members assigned to District #2
Division Three: All Association Members assigned to District #3
Division Four: All Association Members assigned to District #4
Division Five: All Association Members assigned to District #5
Division Six: All Association Members assigned to District #6
Division Seven: All Association Members assigned to District #7
Division Eight: All Association Members assigned to District #8
Division Nine: All Association Members assigned to District #9
Division Ten: All Association members assigned to the Office of Deputy Chief of Criminal Investigations, Cyber Crimes, Crimes Against Persons, Homicide, Sex Crimes/Child Abuse, DART, Crimes Against Property, Auto Theft, Bomb and Arson, Fraud, Vice, Narcotics, Warrant & Fugitive, Fugitive Task Force, Laboratory, Identification, and Juvenile.
Division Eleven: All Association members assigned to the Officer of the Board of Police Commissioners, Office of the Chief of Police, Command Post, Intelligence, ATF, DEA Clayton, DEA Airport, DEA Diversion, FBI Task Force, Operational Planning, Asset Forfeiture, Planning & Technology, Public Affairs, Public Information, Legal, Human Resources, Office of the Assistant Chief, Special Assignments, Clean City Initiative, Governor’s Detail, Circuit Attorney’s Office, Mayor’s Office, Problem Properties, Bureau of Professional Standards, Internal Affairs, Academy, Special Services, Private Security, Bureau of Auxiliary Services, Grants, Narcotics Control Asst, Public Transportation, and Prisoner Processing.
Division Twelve: All Association members assigned to the Deputy Chief North Patrol, North Patrol Detective Bureau, North Patrol Desk/Holdover, Deputy Chief Central Patrol, Central Patrol Detective Bureau, Central Patrol Desk/Holdover, Deputy Chief South Patrol, South Patrol Detective Bureau, and the South Patrol Desk/Holdover.
Division Thirteen: All Association members assigned to the Bureau of Patrol Support, Traffic Safety, MCSAP Grant, Mounted Patrol, Aviation Unit, Canine Unit, Mobile Reserve/HRT, and Housing Authority.
SECTION 7. The Division 12 Representative will appoint two Association members, as alternates, from Patrol Stations. The alternates will be from each of the other two Patrol Stations that are under the Division 12 description.
SECTION 8. The Association's President will assign any newly-formed units/assignments, which are listed as "permanent," by the St. Louis Metropolitan Police Department, to a Division. The President must take into consideration the maintaining of a balance of Divisions, along with where the unit is assigned to work. This recommendation must be ratified by a majority of the Executive Board.
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ARTICLE NINE: HOW TO AMEND
SECTION 1. Motions to amend the by-laws may be initiated by a majority vote of the Executive Board at a special or regular meeting of that board or by a majority vote of the general membership at an Association meeting at which a quorum is present.
SECTION 2. The proposed amendment(s) to the By-Laws of this Association shall be submitted within ten (10) days after adoption of motion by the Executive Board or general membership at an Association meeting to the active membership by mail ballot for approval or rejection. The ballots shall be returned no later than fifteen (15) days after the date mailed. The returned ballots shall be collected and counted by a Certified Public Accountant designated by the Executive Board.
SECTION 3. The President shall appoint a committee to initiate and conduct the mail balloting on the proposed By-Law amendment(s). The results shall be presented at the first Executive Board meeting after the return deadline and shall be in effect thereafter.
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ARTICLE TEN: GENERAL PROVISIONS
SECTION 1. Any active member of this Association against whom charges have been preferred by the Saint Louis Metropolitan Police Department through Police Manual procedures for an on duty, or line of duty incident shall have the assistance of an attorney provided by the Association during the course of the investigation and up to an including a Hearing before the Police Board. Any active member of this Association against whom charges have been preferred by the Saint Louis Metropolitan Police Department through Police Manual procedures for an off duty, non-line of duty incident shall have the assistance of an attorney provided by the Association during the course of the internal investigation. After the investigation has concluded and the member is presented with a recommendation and waiver from the Inspector of Police, the Executive Board may approve additional attorney assistance for a Police Board Hearing. In special cases not covered by the above, the President, Vice President, Chairman and Go-chairman of the Legal Committee shall have the authority to authorize legal assistance. Such authorization is subject to review and cancellation upon review by the Executive Board.
SECTION 2. The office of the Association shall be equipped with such office equipment, supplies and such necessary employees as the Executive Board may direct.
SECTION 3. Any active member of the Association who has a complaint concerning a police matter shall submit such a complaint in writing to his/her Division Representative, one of his/her alternates or any member of the Executive Board who shall review and/or submit the complaint to the Executive Board. Should the Executive Board determine there is merit to the complaint, they shall vote and decide the official position of the Association regarding the substance of the complaint.
SECTION 4. No intoxicants shall be permitted in the meeting place during any meeting.
SECTION 5. Any expenses incurred by a member of the Executive Board while conducting business on behalf of the Association shall be reimbursed by the Association, with the approval of both the President and Treasurer of the Association, or the Executive Board. A per mile payment shall be made to the members of the Executive Board for the use of their private automobiles when such use is for Association business. Payment shall be made at the current business mileage rate designated by the Internal Revenue Service.
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ARTICLE ELEVEN: COLLECTIVE BARGAINING
SECTION 1. The Association shall have a negotiating committee composed of the Association's President as chairman and additional members appointed by the President with the approval of the Executive Board. The committee shall have the authority to employ professional labor negotiators with the approval of the Executive Board. The President shall be the Association's chief spokesman in negotiations with the Board of Police Commissioners or any other governmental body or agency. The duty of the collective bargaining committee shall be to enter into discussions, or collective bargaining as permitted by law, with the Board of Police Commissioners or any other governmental agency or body as to rates of employment and other terms and conditions of employment. Upon being authorized by representation cards executed by a majority of the members of the bargaining unit or a majority of those voting on a duly constituted representation election or referendum, the Association shall be the exclusive representative of the police officers and the Association membership for such purposes as permitted by law.
SECTION 2. Association members shall have the opportunity to propose contract demands for inclusion in any agreement reached in a regular or special meeting called for that purpose prior to the commencement of discussions or negotiations.
SECTION 3. All contracts and agreements reached or entered into by the bargaining committee in respect to rates of pay, wages, hours of employment or other conditions of employment shall be approved by a majority vote of the membership voting at a regular or special meeting called for that purpose with reasonable notice thereof, or in a membership referendum, as determined by the Executive Board. The negotiating committee shall be responsible for the administration of any agreement reached including provisions for grievances and arbitration, subject to approval of the Executive Board.
SECTION 4. Only members covered by a contract or an agreement shall vote to approve or disapprove the contract or agreement.
SECTION 5. Referendum votes shall be determined by the Executive Board.
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ARTICLE TWELVE: THE GENDARME COMMITTEE
SECTION 1. The Executive Board shall elect all members of the Gendarme Committee.
SECTION 2. The members of the Gendarme Committee shall elect a Board of Directors annually.
SECTION 3. The Officers of the Gendarme Committee shall be elected annually by the Board of Directors.
SECTION 4. The Executive Board shall have no power to control or remove any member of the Gendarme Committee, the Gendarme Board of Directors, or the officers of the Gendarme Committee, except that in addition to the obligations of all members, the members of the Gendarme Committee, the Gendarme Board of Directors and the officers of the Gendarme Committee and Board of Directors may be suspended, removed, or expelled for incompetence, inattention to the duties of their office, or for an act or omission detrimental to the best interests of the Association in accordance with the procedures set forth in Article 1, Section 7 through 7L.
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ARTICLE THIRTEEN: PARLIAMENTARY RULES FOR THE EXECUTIVE BOARD
SECTION 1. Main motions for the Executive Board submitted by an Executive Board member in writing to the SLPOA office at least nine (9) days prior to the meeting shall be placed on the agenda by the President. Committee action, if applicable, shall be indicated on the motion form. Seven (7) days before the meeting a copy of all pre-filed main motions shall be mailed by first-class mail to each Executive Board member. main motions submitted in this manner may be voted upon or may be subject to a subsidiary motion.
SECTION 2. Main motions not submitted in advance as set out in Section 1 shall be returned to the appropriate committee by the President. The committee shall meet and report back to the Executive Board at the next regular Executive Board meeting. The motion and the committee action shall be submitted pursuant to the procedure in Section 1. In the event that the committee does not meet or does not properly prefile the motion for the following meeting, the original main motion shall be placed on the Agenda under Old Business and may be voted upon or subject to subsidiary motions at the next Executive Board meeting.
SECTION 3. In rare cases, the President shall have discretion to waive sending to the committee a main motion which was not submitted in advance if the timelines of the motion would be adversely affected by the delay caused by committee referral. In such cases, the President may allow the motion to be introduced as an Emergency Motion.
SECTION 4. An Emergency Motion shall require a two-thirds (2/3) majority to be adopted.
SECTION 5. The Subsidiary Motions:
- To lay on the table
- To postpone to a set time
- To refer to a committee
- To postpone indefinitely
Shall require a majority.
SECTION 6. The Subsidiary Motions:
- To amend
- To offer a substitute motion
Shall require a 2/3 majority when the main motion is an Emergency Motion. When the main motion is not an Emergency Motion, a majority is required.
SECTION 7. Privileged Motions, Restorative Motions, Incidental Motions and Motions to accept a committee report are not Emergency Motions, nor is General Consent.
SECTION 8. The Special Main Motion to amend the By-Laws shall be handled under Section 1
SECTION 9. Any motion which will require an expenditure of Association funds shall state in the motion the following:
- Estimated cost
- Budget account to be charged against
- Whether the Association is responsible for all or part of the expense
- If the member will repay the Association the expense incurred and the conditions of repayment.
SECTION 10. Any motion that exceeds the estimated cost stated on the motion shall be reported by the committee to the Executive Board.
SECTION 11. When costs exceed 10% above the estimate, Executive Board approval shall be required. This shall be done in motion form, and conform to Section 1.
SECTION 12. The Executive Board shall use a formal format for its meetings.
SECTION 13. All motions shall require a second and be on a motion form except those mentioned in Section 8. They may be made and seconded orally.
SECTION 14. Debate shall be limited to a period of 3 minutes for each member of the Executive Board when debating a motion. The member must rise and identify himself/herself when he/she takes the floor.
SECTION 15. Roll call votes shall be called starting with First Division, the Second Division, the Third Division, etc, and be followed by the At-Large officers.
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ARTICLE FOURTEEN: DISSOLUTION CLAUSE
SECTION 1. In the event of the dissolution of this corporation, any remaining assets shall be distributed on an equal share basis to all members of the corporation at the date of dissolution. Only those members who are on the membership rolls on the date of dissolution, including suspended members, will share equally in the assets of the corporation.
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