CONSTITUTIONS AND BY-LAWS of the LONG BEACH POLICE OFFICERS ASSOCIATION, INCORPORATED
ARTICLE I
ORGANIZATION NAME AND OBJECTIVES
Name: Long Beach Police Officers Association, Incorporated.
ORGANIZATION
Section 1: This Association shall be known as the Long Beach Police Officers Association, Incorporated, which is an Association organized June 24, 1940, and now existing under and by virtue of the Nonprofit Corporation Law of the State of California.
The principal place of business of this Association shall be in the City of Long Beach, County of Los Angeles, State of California.
DURATION
Section 2: This Association shall have perpetual existence.
INCORPORATION
Section 3: This Association has been incorporated under the laws of the State of California and the same is for all the purposes to be deemed a continuation of the former unincorporated Association known as the Long Beach Police Officers Association, and not a new Association.
POWERS OF ASSOCIATION VESTED IN MEMBERS
Section 4: The powers of this Association shall be vested in its membership, but may be exercised by a Board consisting of the President, Vice President, Secretary, Treasurer and the seven Directors, who shall constitute the Board of Directors of this Corporation.
ARTICLE II
OFFICERS, POWERS AND DUTIES
OFFICERS GENERALLY
Section 5: The Executive Officers of this association shall be a President, Vice President, a Secretary and a Treasurer. The number of Officers (Directors), including Executive Officers of the Association, shall be eleven, from whom the Executive Officers shall be elected. (Rev. 10/03)
QUALIFICATIONS FOR OFFICERS AND CANDIDATES
Section 6: No member may be a candidate for office who is not in good standing. No officer may continue in office or perform the duties or exercise the powers of any office who is not in good standing. Any member of this Association may be elected to serve on the Board of Directors regardless of rank.
OFFICERS TO SERVE WITHOUT COMPENSATION
Section 7: No officer, member of the Board of Directors, or other member of this corporation shall be compensated except by express authorization of the Board of Directors. Any such compensation fixed by the Board of Directors shall be only such as is determined to be appropriate to compensate such individual for services performed on behalf of the Association.
PRESIDENT AND VICE PRESIDENT POWERS AND DUTIES
Section 8: The President shall call and preside at all meetings, appoint committees, and shall have, subject to the control of the Board of Directors, the general management and direction of the affairs of this Association, and shall perform such duties as may be consistent with his office.
In case of his absence, inability, refusal or neglect to do or to perform those duties, the Vice President will assume this function.
PRESIDENT PRO TEM
Section 9: If at any time the President and/or the Vice President shall refuse or be unable or disqualified to act, the Board of Directors shall appoint some other member of the Board to do so, in whom shall be vested for the time being, all the duties, powers and functions of such office.
SECRETARY - POWER AND DUTIES
Section 10: The Secretary shall be responsible for keeping a record of all the proceedings of the Board of Directors and of all general and special meetings and every other record made under or required by the provisions of the Constitution and By-Laws of this Association, and shall be responsible for receiving and filing all correspondence and other papers. He shall be responsible for the service, issue and publishing of all notices required to be given, preparation of all ballots under the direction of the Board of Directors; receipt of all applications for membership, preparation of all certificates of membership and other certificates or records required to be prepared and recording thereof. He shall act as the Treasurer when so required by the President or Board of Directors. He shall also perform such other duties as may be related to his office or as may be directed by the President or Board of Directors.
In case of his absence, inability, refusal or neglect to do or to perform any of the duties of his office, such duties may be performed by any person directed to do so by the President or Board of Directors.
TREASURER - POWER AND DUTIES
Section 11: The Treasurer shall be responsible for receiving all funds of this Association and the dispersal or investment of such funds under the direction of the Board of Directors and account for all receipts and disbursements of the funds of this Association.
The Treasurer shall assume the duties of his office only after he has qualified by posting bond in the sum of no less than $15,000 (Fifteen Thousand Dollars) with good and sufficient sureties acceptable to the Board of Directors, which bond shall be conditioned upon the full, true and faithful performance of all duties of his office and shall be payable to this Association upon proof of default. The premiums for, or any expense connected with the securing, renewing or posting of such bonds shall be borne by and paid out of the funds of this Association.
In case of absence, inability, refusal or neglect to do or perform any of the duties of his office, such duties may be performed by the Secretary when so directed by the President or Board of Directors.
DIRECTORS
Section 12: The Directors shall consist of eleven (11) members who have been duly elected, who shall serve for a two-year term (excepting the President as per Section 21). Each Director shall perform the duties of his/her office until their successor has been duly elected. (Rev. 10/03)
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 13: It shall be the duty of the Board of Directors to conduct, manage, govern, execute and administer all the affairs of this Association; to control and supervise the handling of all its funds and property; to cause to be kept a complete record of all meetings and acts; to supervise all officers and employees of this Association and to see that their duties are properly performed, to pass upon all applications of membership in this Association and cause membership certificates and other certificates required to be issued on all applications which have been approved and accepted, and to pass upon all matters pertaining to the affairs of this Association.
In addition, to assist the Board of Directors in aiding the membership in matters of Internal Affairs representation, grievances and rights of members, each Director may appoint, with the majority approval of the Board, Union Representatives from the general membership. Union Representatives shall serve as such, until removed by the Board of Directors.
ARTICLE III
EMPLOYEES AND COMPENSATION
CLERKS, DUTIES, COMPENSATION
Section 14: Upon the direction of the President with the consent of the Board of Directors, this Association may from time to time as required, employ the services of clerical assistants or secretaries. Compensation for such service shall be such amount or amounts as may be set by the Board of Directors, subject to such change from time to time as said board may desire.
ARTICLE IV
MEETINGS
Section 15: Regular meetings of the Board of Directors of this Association shall be held on the second Tuesday of each and every month at the hour of 1:00 p.m. in the Association Business Office, or at any other time or place which may be appointed or designated by the President. The President may call such other meetings from time to time as may be necessary. For the purpose of holding such meetings, the majority of the Directors shall constitute a quorum sufficient for the transaction of any business which may regularly and properly be brought before it. (Rev. 11/08)
MAJORITY NOT LESS THAN FIVE TO PASS ON QUESTION
Section 16: No question, proposal or proposition of fair transaction which may be wholly within the power and jurisdiction of the Board of Directors to decide shall be so decided except upon a majority vote of the members of the Board of Directors present at the meeting at which said matter is presented, provided that such majority shall be in no event be less than five in number even though a bare quorum be present.
PRESIDING OFFICER NOT TO VOTE - EXCEPTIONS
Section 17: The presiding officer shall not vote on any question before the house at any meeting which has been duly presented to and is therefore before the Board for consideration except only when his vote is necessary to overcome a deadlock or tie vote of the Board, or when his vote shall be necessary to constitute the necessary minimum majority of five votes as prescribed in Section 16 of this Article.
SPECIAL MEETINGS - BY CALL OR INITIATIVE
Section 18: Special meetings may be called by the President at this discretion or, in his absence or inability to act, by the Vice-President, or any five Directors; or when such meeting is requested in writing by 33-1/3% of the members in good standing of this Association, the President must, or, in his absence or inability to act, any other Officer of the Association shall call such meeting within fifteen days after the filing of such initiative petition. Petitions requesting such meeting shall state fully in clear and concise language the matter or proposition for which such meeting is requested to be called.
Notice of such special meeting shall be given by posting on the bulletins in all geographic Patrol Divisions, the Detective Bureau, the combat range, and other strategic locations as reasonably necessary. Such notices shall state the proposition for which the meeting is to be called and in clear and concise language shall outline the proposition or matter to be decided. At such special meetings a majority in good standing shall constitute a quorum sufficient for the transaction of business for which such meeting is called, provided, however, that a majority of all members present shall decide any questions, matters, propositions or affairs properly brought before it.
Section 18.1: Notice of such ratification meeting shall be given by posting on the bulletins in all geographic Patrol Divisions, the Investigations Bureau, the combat range and other strategic locations as reasonably necessary. The POA shall also send notice of such meeting to the address on file at the POA for all active members of the association. (New 12/04)
ARTICLE V
APPOINTMENT, NOMINATION, ELECTION, REMOVAL, RECALL
Section 19: In the event that a permanent vacancy shall occur in any office, the same shall automatically be filled by appointment of the member not elected in the most previous election who received the next highest number of votes. All such appointments shall be made in descending order of votes received in the most recent previous election. Such appointee shall only be appointed a Director and shall fill out the remaining term of the Director whose departure has created the vacancy. In the event that the permanent vacancy occurs in the office of President the same shall be filled by a General Membership Election to be held within thirty days after appointment filling the Director vacancy. The candidates in that election shall be members of the Board of Directors.
In the event a permanent vacancy shall occur in the office of Vice President, Secretary or Treasurer, the same shall be chosen from and elected by the Board of Directors and held within thirty days.
In the event of any temporary vacancy in the office of any Director, which vacancy may continue for a period of two months or more, such vacancy may be temporarily occupied by any member appointed by the President with the consent of the majority of the remaining members of the Board. Such appointee shall hold office until the return to office of the regular incumbent thereof.
In the event of any temporary vacancy in the office of Vice President or Secretary, except in case of inability, refusal or neglect, which vacancy may continue for a period of two months or more, such vacancy shall be temporarily occupied by a Director appointed by the President with the consent of the majority of the remaining members of the Board.
Such appointee shall hold office until the return to office of the regular incumbent thereof. (Rev. 10/01)
REMOVAL AND RECALL OF OFFICERS
Section 19.1: Any Officer of this Association may be recalled or moved therefrom for willful neglect of performance of his duties in relation to this Association or for the commission of any acts contrary to the welfare of the Association.
Provided, however, that whenever such Officer is to be removed he shall be served with a copy of the notice of the charges forming the basis of his contemplated removal. Such charges must be set forth in clear an concise language signed by the President upon the direction of the majority of the Board of Directors. Provided, further, however, that if the Officer against whom the charges are pending should be the President, then such charges may be signed by the Vice president, or any other Officer directed to do so by said Board.
The Officer charged shall have the right to a full, fair and impartial hearing before the Board of Directors concerning the charges preferred. If, after such hearing, the said Board determines that such charges are sustained and sufficient cause forremoval, the officer so charged shall be suspended from all duties as a Board Member. The said Board shall submit a copy of the charges, together with a copy of their findings, to the members and shall call a special recall election not less than thirty nor more than sixty days from the original date of suspension. If two-thirds of the members voting shall vote for his removal from office, the said Board of Directors shall thereupon declare such office vacant. Provided further, however, that if a petition requesting the removal of any Officer be signed by more than twenty percent (20%) of the membership of the Association and filed with the Secretary, the Board of Directors shall temporarily suspend such Officer pending the results of special recall election and shall immediately thereafter designate the date for such recall election and shall submit the charges as contained in such petition to the members. If two-thirds of the members voting thereon shall vote for his recall or removal, the Board of Directors shall declare such office vacant.
In any case where written charges are submitted to the membership, the accused Officer shall have the right to submit the membership his written answer, in defense or mitigation of the nature or gravity of the offense charged, together with such charges; provided, however, that neither such charges for such answer may contain more than five hundred words. (Rev. 10/01)
ELECTION OF OFFICERS TO THE BOARD OF DIRECTORS
Section 20: Election of officers to the Board of Directors shall be held annually during the month of November as hereinafter provided, and officers duly elected and qualified shall take office on January 1st of the succeeding year. (Rev. 10/01)
ALL ELECTIONS SHALL BE BY WRITTEN, SECRET BALLOT
Section 20.1: On or before October 15 of each year, any member in good standing may notify the Secretary and/or Office Staff of the POA of his/her intention to seek election to the Board of Directors. On or before October 20 of each year, the Secretary shall make known to the regular members the names of all declared candidates.
Ballots shall be mailed to all regular members by the Secretary on or before November 1. The ballots shall contain the names of the candidates in alphabetical order. The Secretary shall also provide plain, unmarked envelopes within which said ballots shall be enclosed after the same are marked. Said plain envelope shall be enclosed in a second envelope whereon shall be written the name of the member casting the ballot.
Such ballots shall be returnable on or before November 15 at 5 P.M. If November 15th falls on a weekend the ballot shall be returned by 5 P.M. on the first business day after the 15th of November.
The Secretary will provide voting instructions that will be contained in each ballot.
No officer or employee of the association shall place any identifying mark of any kind upon such plain envelope and finally enclose the plain envelope within the second envelope and sign his name thereto. The plain envelope shall be enclosed within the second envelope and sign his/her name thereto. The members receiving the plurality vote shall be duly elected officers to fill the vacancies on the Board of Directors for the following two years. The ballots, after they have been counted, shall be retained by the Secretary for two weeks, during which time they may be inspected by any member desiring to inspect the same. Thereafter they shall be destroyed.
The Secretary, with the consent of the Board of Directors, shall appoint a canvassing committee consisting of not less than three members, no member of which shall be an officer of the Association.
The ballots shall be delivered by the Secretary to the canvassing committee, who shall first, with the cooperation of the Secretary, check all the ballots deposited by checking the signatures with the membership roll. Only the ballots of those members who are in good standing shall be counted after it has been determined that the ballots cast have been cast by members in good standing, the outside identifying envelopes shall be removed and all ballots still enclosed in plain envelopes shall be pooled. Thereafter, and after the identifying envelopes have been disposed of, the canvassing committee shall open the plain envelopes and proceed to canvas the ballots. Results of this election shall be sent by fax, email, and posted on the POA web page within 3 days of completion. (Rev. 10/01)
Section 20.1.b: If the number of vacancies is equal to or more than the number of candidates in a particular election of either the Board of Directors or the presidency, the election process outlined in Section 20.1.a may be eliminated. (Rev. 10/03)
ELECTION OF EXECUTIVE BOARD
Section 21: The election of the President shall be held once every three years, 30 days after the conclusion of the regular board election of that year. During the time a Director is serving as President, he/she must continue to be elected to the board during his/her two-year cycle. If the sitting president is not re-elected to the board, a presidential election shall be held within 30 days.
Election of the President of the Association shall be open to any board member who has been elected to serve on the board of directors for the succeeding year and has served at least one year. The board member may place his/her name into nomination by notifying the Secretary and/or Office Staff of the POA, of his/her intention to seek election to the presidency, on or before the 23rd day of November.
Secret ballots as outlined in Article V, Section 20.1 shall be mailed out as soon as possible after the close of nominations but in no event later than November 30th. Such ballots shall be returnable on or before December 15 at 5 P.M. If December 15th falls on a weekend the ballot shall be returned by 5 P.M. on the first business day after the 15th of December.
The Secretary, unless he/she is a candidate, shall, with the consent of the Board of Directors, appoint a canvassing committee consisting of no less than three members, no member of which shall be an officer or director of the Association. In the event the Secretary is a candidate, the senior Executive Board member shall appoint the canvassing committee. In the event that every member of the Executive Board is a candidate, the senior Board Member shall appoint the canvassing committee.
The candidate receiving the highest number of votes in a presidential election shall be elected president. In the event of a tie, the Board of Directors, not including the candidates, shall elect one of the candidates.
The President-Elect shall assume his/her duties on January 1st of the year following the election. (Rev. 10/01)
ELECTION OF VICE-PRESIDENT, SECRETARY AND TREASURER
Section 21.1: The Vice-President, Secretary and Treasurer shall be elected by a majority vote of the Board of Directors at the first Board meeting in January of each year. The election shall be by secret ballot conducted at the board meeting and the ballots shall be delivered to the President who shall count the votes at the open Board Meeting and make the results public. The President shall cast the tie-breaking votes if necessary.
The Vice-President, Secretary, and Treasurer shall assume his/her duties immediately upon election. (Rev. 10/01)
REMOVAL AND RECALL OF OFFICERS
Section 22: Any Officer of this Association may be recalled or moved therefrom for willful neglect of performance of his duties in relation to this Association or for the commission of any acts inimical to the welfare of the Association.
Provided, however, that whenever such Officer is to be removed he shall be served with a copy of the notice of the charges forming the basis of his contemplated removal. Such charges must be set forth in clear an concise language signed by the President upon the direction of the majority of the Board of Directors. Provided, further, however, that if the Officer against whom the charges are pending should be the President, then such charges may be signed by the Vice president, or any other Officer directed to do so by said Board.
The Officer charged shall have the right to a full, fair and impartial hearing before the Board of Directors concerning the charges preferred. If, after such hearing, the said Board determines that such charges are sustained and sufficient cause for removal, the said Board shall submit a copy of the charges, together with a copy of their findings, to the members and shall call a special recall election not less than thirty nor more than sixty days from the original date of suspension. If two-thirds of the members voting shall vote for his removal from office, the said Board of Directors shall thereupon declare such office vacant. Provided further, however, that if a petition requesting the removal of any Officer be signed by more than twenty percent (20%) of the membership of the Association and filed with the Secretary, the Board of Directors shall temporarily suspend such Officer pending the results of special recall election and shall immediately thereafter designate the date for such recall election and shall submit the charges as contained in such petition to the members. If two-thirds of the members voting thereon shall vote for his recall or removal, the Board of Directors shall declare such office vacant.
If any case where written charges are submitted to the membership of the Association and filed with the Secretary, the Board of Directors shall temporarily suspend such Officer pending results of special recall election and shall immediately thereafter designate the date for such recall election and shall submit the charges as contained in such petition to the members. If two-thirds of the members voting thereon shall vote for his recall or removal, the Board of Directors shall declare such office vacant.
If any case where written charges are submitted to the membership of the Association and filed with the Secretary, the Board of Directors shall temporarily suspend such Officer pending results of special recall election and shall immediately thereafter designate the date for such recall election and shall submit the charges as contained in such petition to the members. If two-thirds of the members voting thereon shall vote for his recall or removal, the Board of Directors shall declare such office vacant.
In any case where written charges are submitted to the membership, the accused Officer shall have the right to submit the membership his written answer, in defense or mitigation of the nature or gravity of the offense charged, together with such charges; provided, however, that neither such charges for such answer may contain more than five hundred words.
ARTICLE VI
QUALIFICATION FOR MEMBERSHIP
Section 23: Membership in this Association shall be confined to Chief of Police, police officers of all ranks including identification officers, who have been regularly appointed as provided by the Police Department Salary Ordinance; provided, however, that those persons now members of the Association who do not qualify for membership as herein above provided may continue as members so long as they comply with all the other parts of this Constitution and By-laws.
ELIGIBILITY TO MEMBERSHIP
Section 24: Members and employees of the Long Beach Police Department within the meaning of the foregoing section of this article may file their application for membership in this Association within one year, from and after the time of adoption of this article, or any new members or employees of the Long Beach Police Department may file their applications within a period of one year from and after the date of their appointments to the Long Beach Police Department and whatever rank, grade or position. Provided, however, that all persons who are members in good standing when this section shall take affect shall continue to be members in good standing as long as they comply with all other parts of this Constitution and By-laws applicable to them.
Section 24.1: Active members of the association shall be divided into two classifications: Active/Regular members who are bargaining unit members and a second classification “Non-Bargaining unit members”. (Rev. 10/01)
ACTIVE/REGULAR MEMBERS
Section 24.2: Active/Regular members are those dues paying members who are in the bargaining unit. (Rev. 10/01)
MEMBERSHIP OF NON-BARGAINING UNIT MEMBERS
Section 24.3: When a active/regular member in good standing is or has been promoted to a rated position outside of the bargaining unit (i.e. Commander, Deputy Chief, Chief) that member shall no longer retain voting privileges nor have the right to attend and/or participate in bargaining unit membership meetings.
Non-bargaining unit members by the payment of Non-Bargaining Unit Member dues may retain their insurance, continue to receive the Rap Sheet, fraternal benefits, i.e. participation in the picnic and other social functions not related to collective bargaining, so long as their conduct does not discredit or bring hardship upon the union. Non-Bargaining unit members are not entitled to legal services. This membership may continue until retirement, or until the membership is terminated by the Board of Directors in accordance with Section 28.1. (Rev. 10/01)
ASSOCIATE MEMBERS
Section 24.4: Associate membership shall be discontinued at midnight, December 31, 2001. (Rev. 10/01)
HONORARY MEMBERSHIP
Section 24.5: In addition to the regular membership and associate membership of this Association, there shall be created a class of membership to be known as honorary membership. Leading citizens of this community, upon recommendation of a regular member and with the approval of the Board of Directors, may become an honorary member of this Association.
Said honorary membership may continue as long as this assessment is paid, or until the membership is terminated by a vote of the Board of Directors in accordance with Section 28.1. The amount of dues shall be set by a majority vote of the Police Officers Association Board of Directors. The dues as set by the Board of Directors shall be payable on a yearly basis, due every January 1. Membership dues for a partial year shall be pro-rated.
Section 24.6: Any member of the Long Beach Police Reserve Corp Unit that is active and in good standing may become a Reserve Member of the Long Beach Police Officers Association by paying an amount appointed by the Long Beach Police Officer Association Board of Directors. The Board of Directors shall set the amount to be paid by each Reserve Member at the last board meeting of the year. The dues shall be due by January 15th of each year.
Reserve Members shall only be entitled to participate in social activities sponsored by the Association and receive the quarterly publication of the Association. The reserve membership may continue so long as all dues are paid, the said reserve member is in good standing within the Long Beach Police Reserve Corp Unit or until terminated by the Board of Directors in accordance with Section 28.1. (New 10/07)
FILING OF APPLICATION
Section 25: Any member or employee of the Police Department as in the preceding two sections of this article define, may file his application for membership in the Association. Such application shall be filed with the Secretary, and upon payment of the proportional amount of the dues for the then current semi-annual period, or by payroll deduction, shall become a member of the Association.
APPLICATION - FORM AND SUBSTANCE
Section 26: The application for membership shall contain the name, age, sex, business and residence address, rank, grade, office or position in the Police Department, and the date applicant was first appointed. Applications shall contain the name, age, relationship and address of the beneficiary or beneficiaries, together with any alternative beneficiary to whom the applicant desires the sum due a death benefits to be paid upon the death of the member. All applications must be upon the form provided by the Association, which form must have been approved by the Board of Directors.
MEMBERSHIP TO CONTINUE UPON RETIREMENT
Section 27: Any member in good standing who retires after January 1, 1971, from active service to the Department on pension may continue his membership in the Association at no expense. He will continue to receive all benefits entitled to the membership except his insurance coverage, voting rights and eligibility to hold office in the corporation.
TERMINATION OF MEMBERSHIP
Section 28: Membership in this Association shall terminate by the removal from or resignation from office of the member, or by his death. Non-payment of dues for a period of forty-five (45) days after the date upon which dues shall become payable shall result in a suspension of rights to membership in this Association and such suspended member shall forfeit all rights as a member.
Section 28.1: By a majority of a quorum of the Board of Directors, any Associate, Honorary, or non-bargaining unit membership may be suspended or expelled from said membership.
REINSTATEMENT
Section 29: Any member, active or retired whose membership shall have been terminated by reason of his nonpayment of dues, or by voluntary resignation, may be reinstated by the Board of Directors. The Board of Directors shall determine whether or not to reinstate any former member and set conditions of reinstatement, which may include payment of monthly dues not paid during the period of termination or voluntary resignation. (Rev. 12/04)
Section 30: In the event a member shall become incapacitated and unable to perform his duties by reason of illness or injury, and during such time of incapacity his dues shall become delinquent, such delinquency shall not alter his status as a member. After returning to duty from such an absence, the member shall be allowed a period of six months within which to make up the amount of dues which have become delinquent, during which six months period he shall enjoy full membership rights.
TERMINATION NULLIFIES CLAIM FOR REFUND OF DUES
Section 31: Whenever any member shall have terminated his membership in this Association by any of the methods herein provided, such member, or anyone claiming under him shall have no claim whatsoever upon any fees, dues or contributions which he may have made or paid in this Association at any time.
SICK LEAVE
Section 32: Any member of this Association in good standing who is on “sick leave” absence from the Police Department for any period of time on account of sickness shall remain a member in good standing in his Association as long as he pays his dues as required.
LEAVE OF ABSENCE FOR MILITARY SERVICE
Section 32-A: Any member of this Association in good standing who shall enter the Armed Services of the United States, and who by reason thereof shall be eligible to reinstatement in the Long Beach Police Department upon his discharge therefrom, shall not lose his membership in this Association while serving in such Armed Forces. The right to any benefits accruing to such member by reasons of his membership in this Association shall be suspended while such member is serving in such Armed services but shall be restored immediately upon his reinstatement in the Long Beach Police Department, and his return to active duty herein.
Any member of this Association who shall become a member of the Armed Forces of the United States, as herein above provided, shall be relieved from the payment of dues in this Association during his period of such service, but the dues which he may have paid in advance shall be retained by the Association, and upon his return to duty in the Long Beach Police Department, his dues in the Association shall be paid for in the number of months in advance that such member’s dues shall have been paid in advance the date of his entrance in the Armed Services of the United States. The heirs or beneficiaries of any member of this Association who shall become deceased while serving in the Armed Forces of the United States shall not be entitled to any of the benefits provided for in this Constitution and By-laws, and the sole liability of this Association shall be the payment of a sum equivalent to the amount of dues paid in advance by such deceased member at the date of his entrance into such Armed Services; provided, however, that a member in good standing at the time of his entrance into the military service may continue payment of his dues and by reason thereof, he or his family shall be entitled to all the benefits herein provided, save and except any benefits arising by reason of the death of such member while a member of the Armed Forces of the United States.
Nothing in this section contained shall be construed to in any way affect the right of any member affected hereby as a member of this Association, and upon his return to duty when the Long Beach Police Department he shall again become a member of this Association in good standing, be entitled to all the rights and privileges of such membership.
ARTICLE VII
DUES, FEES, ASSESSMENTS
Section 33: The dues of this association for all active/regular members shall be set by the Board of Directors to a maximum sum equal to one and one-half percent (1.5%) of the top step Police Officer base pay. If necessary, dues will be changed once per year during the month of January. Base pay is an amount that excludes all incentives such as education, incentive, skill, and hazard pay. This sum is to be deducted from the Association member's payroll twice each month.
This shall further serve to delete Section 33.3 from the By-laws and all dues to this and any other group or organization shall be paid from the general fund. In the case of retired members who retired prior to January 1, 1971, the dues shall remain the same as stated in the By-laws at the date of their retirement. (Rev. 10/01)
NON-BARGAINING UNIT MEMBERS DUES
Section 33a: Effective upon ratification, dues for Non-Bargaining unit members shall be $20.00 per month. This entitles them to the benefits listed in section 24.3. This sum is to be deducted from the member’s payroll once each month. (New 10/01)
LIFE MEMBERSHIP
Section 33.1: A life membership shall be available to members of this Association upon their retirement. This life membership shall be limited to members who, on the date of their retirement, are members in good standing in this Association, provided, however, that such members shall have been members in good standing for a period of not less than twelve months prior to their retirement date. A life membership shall bear no cost to the member. Such life members shall be limited as herein provided in Section 27.
FAILURE TO PAY DUES
Section 34: Any member who has failed or neglected to pay his dues in advance as provided herein shall be deemed to have withdrawn from membership and shall forfeit any and all rights and benefits except as otherwise specifically provided elsewhere under any provisions of this Constitution and By-laws of this Association.
ARTICLE VIII
CERTIFICATES AND BENEFICIARIES
MEMBERSHIP AND DEATH
BENEFIT CERTIFICATES
Section 35: Upon acceptance of an application for membership, this Association shall, in accordance with the Constitution and By-laws, issue to each member a membership certificate, the form and substance of which has previously been approved by the Board of Directors. Said membership cards shall be issued only for the time for which a member’s dues have been paid.
ARTICLE IX
BENEFITS - PERSONS ENTITLED TO BENEFITS
Section 39: Members and their beneficiaries may enjoy the benefits of this Association upon the occurrence of a specific continuancy entitling them to such benefits, in the amount of such amounts and under such terms and conditions as are prescribed and provided in this Constitution and By-laws.
NO BENEFITS PAYABLE WHILE MEMBER UNDER SUSPENSION
Section 40: No benefits of any kind or nature shall be paid to any member nor to any person named as beneficiary, or otherwise claiming under, by or through such member, during the period of his suspension from membership in the Association except as otherwise specifically provided elsewhere in this Constitution and By-laws.
ARTICLE X
DEATH BENEFITS
Section 41: The Association will provide for each member during the course of his/her employment with the Department a paid life insurance policy with a national insurance carrier in the amount of no less than $10,000 on the life of the member. (Rev. 10/07)
ARTICLE XI
EMERGENCY RELIFE COMMITTEE,
AMOUNT, CONDITIONS
Section 42: A committee consisting of the majority of the Board of Directors may at its discretion grant emergency relief to members of the Association and/or their families when such relief is necessary or required. See Section 31.
ARTICLE XII
FUNDS
FUNDS TO CONSIST OF
Section 44: The funds of this Association shall consist of all dues, fees, assessments, penalties, donations, gifts, interest from savings accounts or bonds, dividends and all other monies received by it from whatever source.
SEGREGATION OF FUND
Section 45: Such fund may be segregated and divided into as many separate account funds as prescribed by the Board of Directors provided, however, that the transfer of funds or portions of funds from any account to any other account may be made from time to time upon direction of the Board.
BOARD TO CONTROL FUNDS
Section 46: The Board of Directors of this Association shall, subject to terms, conditions and provisions in this Constitution and By-laws contained, have the full custody, control and management of all funds received or disbursed by or for this Association.
Section 47: The Board of Directors may cause a portion of the funds of this Association to be invested in the name of this Association, provided that no less than 50% of the total funds invested be invested in the following: In such Federal savings and loan association as are insured by the United States Government in amounts not exceeding the amount so insured; in postal savings bonds in the Long Beach Federal Credit Union, and in bonds of Federal Government or of Municipal entities.
DEPOSIT AND WITHDRAWAL OF FUNDS
Section 48: The funds of this Association shall without delay after its receipt, be deposited in any bank or banks which are members of the Federal Reserve System and designate by the Board of Directors as the depository for such funds; provided, however, that (except in cases of emergency relief as elsewhere in this Constitution and By-laws provided) withdrawals therefrom for any of the purposes of this Association may be made only upon a warrant authorized by said Board and signed by the President and countersigned by the Secretary. Such withdrawals shall only be made by check signed by the Treasurer and President except that in the absence and/or inability to act of the President and/or Treasurer, the Vice President is authorized to sign in cases of emergency.
GENERAL FUND
Section 50: The General Fund shall be established which will consist of dues, profits, and funds from the activities of the Association.
EMERGENCY RELIEF FUND
Section 51: Emergency relief for the membership will be established. A majority of the Board of Directors at their discretion, grant emergency relief to members of this Association and/or their families when such relief is necessary or required; provided, however, that the amount expended may not exceed the sum of $100.00 on any one case during any one calendar month; also providing that the duration of this relief shall not exceed a twelve-month period or exceed the sum of $1,200.00 for any one emergency.
DISPUTED COMPENSATION CLAIM
Section 51-A: The Board of Directors may, in any cause where State Compensation claims are in dispute or in abeyance, or where members may be involved in a third party or personal injury suit, grant emergency relief benefits as provided in Section 51 of the By-laws; but before any benefits shall be granted, it shall be required that the member or the member’s beneficiary sign an agreement to repay the emergency relief fund any benefits received from this emergency relief fun, if at a later time such member or his beneficiary is awarded benefits from State Compensation, or receives a judgment in a third party or personal injury suit.
LONG BEACH POLICE OFFICERS MEMORIAL WIDOWS EMERGENCY AND SCHOLARSHIP FUND; CHARITY FUND
Section 51-B: A minimum of three dollars per month, per member, of the monthly dues of all regular members shall be directed to the Long Beach Police Officers Memorial Widows Emergency Scholarship Fund, and one dollar per month per member shall be directed to the Long Beach Police Officers Association Charity Fund. (Rev. 10/07)
ARTICLE XIII
AMENDMENTS AND REPEALS -
REQUIREMENTS, DEFINITION OF WORDS
MEMORANDA OF UNDERSTANDING
Section 51-C: A majority vote of the Association members in attendance for the entire General Membership meeting shall be required for Association acceptance and ratification of any and all Memorandum of Understanding between the Association and the City of Long Beach. Voting will be done by secret ballot immediately following a presentation by the President of the Association or his designee. There will be no less then two separate days of presentations. The Board of Directors will determine the number of, and times of presentations. (Rev. 12/04)
Section 52: Words used in this Constitution and By-laws in the present tense include the future as well as the present. Words used in the masculine gender shall include the feminine as well as the masculine. Words used in singular shall include the plural and words used in plural shall include the singular. The use of the words “Association” and “Corporation” herein shall be synonymous.
AMENDMENTS
Section 53: This Association may from time to time make additional By-laws or revise, amend or repeal the By-laws or any part thereof by an affirmative vote of a simple majority of the total votes cast. The ballots upon such amendment, repeal or addition to these By-laws shall be cast in the same manner as the ballots for the election of Officers.
Amendments, additions or repeals may be proposed by the Board of Directors or by an initiative petition signed by twenty-five percent (25%) of the members. Whenever the Board of Directors shall adopt a proposed amendment or resolution for any additions or repeal, or when an initiative petition therefore signed by twenty-five (25%) of the membership shall be filed with the Secretary, the Secretary shall post copies thereof for the period of two weeks, such posting to consist of a copy in the Squad Room, the Detective Bureau, and at the Uniform Sergeant’s Desk. At the expiration of two weeks ballots upon such amendment, additions or repeals shall be had in the same manner as provided for elections herein. (Rev. 10/07)
THE CONSTITUTION AND BY-LAWS EFFECTIVE WHEN APPROVED
Section 54: The Constitution and By-laws and all sections, parts of Sections, words, phrases, or clauses, and sentences thereof, and all amendments thereto or repeals thereof shall become effective when approved by this Association in the same manner herein provided. Copies of the Constitution and By-laws shall be posted in the Squad Room, in the Detective Bureau, and with the Uniform Desk Sergeant, and the original thereof shall be filed with the Secretary immediately thereafter the adoption thereof by the Board of Directors, unless the same shall be objected to in writing, which objection shall be filed with the Secretary by at least ten percent (10%) of the membership within thirty (30) days after such posting, the same shall be deemed effective; provided, however, that any article, Section, parts of Sections, clauses, phrases, words, or word contained in the Constitution and By-laws and not herein included or which may be in conflict therewith shall be deemed for all purposes to have been repealed; and provided, further, that any and all articles, Sections, sub-sections, or divisions, phrases, clauses, or words herein contained and in conflict with the Constitution and By-laws of this Association, if the same was in force and effect prior to the adoption to this Constitution and By-laws shall be deemed, for all purposes, to be continuations of the same, and, provided further, that any and all obligations assumed by or liabilities devolving upon this Association prior to its incorporation and prior to the adoption of this Constitution and By-laws shall be deemed, for all purposes, to be continuing in effect in accordance with the terms and conditions contained herein, or as herein defined.