PINAL COUNTY DEPUTIES ASSOCIATION
BY-LAWS
Amended January 2004
These By-Laws were voted into place on Monday, January 4, 2004 during a meeting of the Board of Directors and the Executive Officers.
Board of Directors:
S. G. Gillen
Aubrey M. Keck
Robin Ellis
Robert Monashefsky
Mike Reardon
Executive Officers:
Vice-presidentJame Valdez
ARTICLE I - PURPOSE
Section 1: The Pinal County Deputies Association, hereinafter referred to as the Association, will promote the interests of its membership in the U.S. Congress, State Legislature, Pinal County Government and the Sheriff's Office.
Section 2: The Association believes that our members are professionals and will constantly strive to upgrade working conditions, wages and benefits to reflect members' professional status.
Section 3: The Association recognizes the legitimate authority of the Sheriff and the Department Administration to establish policy and set standards for all employees of the Sheriff's Department. This association adopts a policy of non-interference in the legitimate exercise of that authority. The Association will not endorse or participate in any activity that disrupts, speeds up, slows down or stops the normal duties and activities of on-duty Deputies, Detention Officers or Civilian employees of the Sheriff's Office.
Section 4: The Association believes that our members have the same Constitutional rights as other citizens and it will protect those rights.
ARTICLE II - MEMBERSHIP
Section 1: Active members of the Association
A.Active Member - any person in good standing, who is an active member of the Pinal County Sheriff's Department and holds a position below that of Lieutenant, full-time, part-time, civilian, Posse or reserve status, and is not currently under suspension by the Association.
Section 2: Member in good standing - A member will be deemed in good standing if that member maintains his dues and assessments in current status.
A. Active members may hold elected office, serve on committees, vote on any issue before the membership, and enjoy all the rights, privileges and benefits of the Association.
Section 3: Member in bad standing - A member will be deemed in bad standing if that member is delinquent in their dues and assessments for a period of two consecutive months. After notification such member will have ten (10) business days to become current and in good standing or all benefits and rights afforded by the Association will be suspended.
Section 4: Auxiliary member of the Association - any person who is the spouse of an active member in good standing, may attend membership meetings, serve on committees and vote on those issues of concern to them as designated by the Executive Board. Auxiliary members may not hold elected office.
Section 5: Retired member of the Association - any active member in good standing at the time of retirement may continue as an inactive member of the Association in a retired status, may attend membership meetings, serve on committees and vote on those issues of concern to them as designated by the Executive Board. Retired members may not hold elected office.
Section 6: Supporting members of the Association - any person who contributes $250.00 or more annually to the Association, may attend membership meetings and serve on committees. Supporting members may not hold any elected office or vote on any issue before the membership.
ARTICLE III - OFFICERS OF THE ASSOCIATION
Section 1: Executive Board/Officers.
i.President - This office will be open to any active member in good standing, as defined under Article II.
B. Vice President - This office will be open to any active member in good standing, as defined under Article II.
C. Secretary - This office will be open to all active members in good standing, as defined under Article II, Section.
D. Treasurer - This office will be open to all active members in good standing, as defined under Article II.
E. Sergeant at Arms - This position is appointed by the Executive Board, to be established at the beginning of each meeting. The appointee must be an active member in good standing, as defined under Article II..
Section 2: Board of Directors.
A. The Board of Directors shall consist of five (5) active members, in good standing, as defined under Article II, Section 1, and are charter members of the Association and designated as such January 2004. Directors shall hold office as long as they wish and as long as they are Active Members in good standing.
Board of Directors as named January 2004:
B.Board of Director vacancies will be filled by vote of the existing Board of Directors.
Section 3: Terms of Office.
A. All Executive Officers shall serve for a term of two (2) years, beginning on the first day of the calendar year following the election.
B. There will be no limit on the number of terms an Executive Officer can serve.
Section 4: The elected officers of the Association will not be permitted to hold office in the Fraternal Order of Police, nor will the Fraternal Order of Police officers be permitted to hold office in this organization.
ARTICLE IV - ELECTION OF OFFICERS
Section 1: Officers of the Association shall be elected by the active membership. A majority of those votes will be needed to fill each post of Executive Officer in the association.
Section 2: The President shall appoint a special election's committee to set up, supervise and count the ballots from the election for the offices. The special election’s committee shall be appointed from the active membership.
Section 3: Nomination of officers will be made two (2) monthly meetings prior to the date of the annual meeting. New officer's terms will begin on the date of the start of the calendar year.
Section 4: Nomination of officers shall be turned into the Association Business Office or another location selected by the President, no later than the October meeting of each election year on forms approved by the Board of Directors. The form shall possess the signature of the nominee and statement that he accepts the nomination. The form shall also have five (5) signatures of active members, as defined under Article II, Section 1-6, supporting the nomination.
Section 5: The Election of Officers shall coincide with the Fiscal Year, so new officers elected in December may not take office until January 1. During that period, new officers would be in a training and orientation period in their respective offices.
Section 6: No person shall be eligible for nomination for the election in December of an election year unless they are an active member in good standing, as defined under Article II, Section 1.
Section 7: Ballots will be distributed or mailed to each active member on the November
meeting date. The ballots must be returned by the tenth (10th) day of December at noon. At that time, they will be counted by a special election committee appointed by the President.
ARTICLE V - PRESIDENT
The President shall be the Chief Executive of the Association and shall exercise general supervision over its property and affairs. He shall sign all legal documents on behalf of the Association and shall perform all functions that the Board of Directors may require of him. The President shall also be the ex-officio of all standing committees. The President is the only member authorized to speak for and on the behalf of the Association. The President may authorize and appoint an active member to speak for or on behalf of the Association. All other statements are private opinions of the members.
ARTICLE VI - VICE-PRESIDENT
In the event of the President’s absence or inability to act, the sworn vice-president shall have the powers of the president. He shall perform such duties as the Board of Directors may impose upon him. He will also chair all motions relating directly to or referring to the President, either complimentary or in condemnation of the President and shall put all such motions to vote.
ARTICLE VII - SECRETARY
The Secretary shall keep the minutes of the Association membership and Board meetings. The Secretary shall keep such books and records as the Bylaws or any resolution that the Board of Directors may require him to keep. The Secretary may appoint an assistant to be approved by the Executive Board. Such Assistant Secretary, in the event of the Secretary’s absence or inability to act, shall perform the duties and function of the Secretary. The Secretary shall maintain current membership lists and advise on the status of members. The Secretary shall propose and review any Bylaws changes that are brought before the Association. The Secretary will be responsible for implementing Article IV.
ARTICLE VIII - TREASURER
The Treasurer shall have custody and control of all the funds of the Association subject to the action of the Board and shall, when requested by the President or the Board of Directors, report the state of the finances to the Association at each monthly meeting and at any meeting of the Board. The Treasurer may appoint an assistant with approval of the Executive Board. Such Assistant Treasurer, in the event of the Treasurer’s absence or inability to act, shall perform the duties and function of the Treasurer. The Treasurer shall perform such other services as the Board requires. The Treasurer shall maintain current membership lists and status of members.
ARTICLE IX SERGEANT AT ARMS
The Sergeant at arms shall be responsible to the presiding officer for the orderly running of Association meetings. The Sergeant at Arms will maintain order and remove any member, guest or other person who causes a disruption of the meeting. The Sergeant at Arms will be responsible for maintaining security during meetings; keeping out unwanted and uninvited persons. The Sergeant at Arms may call on members to assist in carrying out these duties.
ARTICLE X - BOARD OF DIRECTORS
Section 1: There shall be five (5) Directors who shall sit on the Board of Directors, as defined under Article III, Section 2. The Directors must be active members of the Association, as defined under Article II, Section 1. These Directors may hold Executive Officer positions and may serve as Chair of any standing committee, or serve on a committee at the pleasure of the President, with the approval of the majority of the full Board of Directors.
Section 2: Duties of the Board of Directors - The Board of Directors has a fiduciary duty of loyalty, which places the interest of the Association before their own personal interests. The Board shall set the policy of the Association to manage all business and other decisions of the Association. The Board of Directors shall review the agenda of any said meeting. The Board shall review any decision of any Officer of the Association as to its legality under the Bylaws of this Association.
Section 3: The Board of Directors shall review and present to the Executive Board a written policy establishing the Association’s annual goals and objectives. This written policy must be submitted to the Executive Board at the conclusion of each calendar year.
Section 4: In case of any vacancy on the Board of Directors, the vacancy will be filled by vote by the majority of the Board in attendance. The board has the authority to appoint an active member, as defined under Article II, Section 1, for an interim period, to fill a vacant Executive Officer position, with a majority vote of the Board.
Section 5: Meetings - An annual meeting of the Board shall be held immediately after the adjournment of each annual meeting of the membership at the place at which such annual membership meeting is held. Regular meetings other than the annual meeting shall be held at regular intervals at such places and at such times as the Board may resolve. Meetings shall be held at least once a month.
Section 6: Professional Consultants to the Board of Directors - The Board of Directors may appoint certain individuals as professional consultants to advise on certain matters.
Section 7: Quorum - A quorum for the transaction of business at any meeting of the Board of Directors shall consist of a majority of the Board then in office.
Section 8: Chairman of the Board of Directors - The Chairman of the Board of Directors shall be elected by a majority vote of the Board of Directors.
ARTICLE XI - IMPEACHMENT PROCEDURE
Section 1: Officers of the Association may be removed from office by a majority action of the Board without a membership vote for any of the following reasons:
A.Officer in bad standing, as defined in Article II, Section 3.
B.Any officer who absents himself from more than two Board meetings in the calendar year, without prior contact with the President and approval of the Board.
C.Any gross breach of any Article of these Bylaws.
D.An officer who neglects to perform the duties of his/her office, as directed by these Bylaws or neglects duties as assigned by the Board.
Section 2: Officers of the Association may be removed from office by a two-thirds (2/3) vote of the responding active membership for just cause as verified by the Board of Directors after a thorough investigation.
Section 3: Petition for Recall of an Officer - A petition for the removal of an officer may be circulated by the active membership, must contain the valid signatures on one-third (1/3) of the active membership, it must state the name of the officer to be recalled and the complaint or violation alleged to have been committed by said officer. This petition must be delivered to the Association Secretary within fifteen (15) calendar days prior to the next scheduled membership meeting. The complaint will be verified by the Board of Directors after a thorough investigation. Both sides involved in the complaint will, at this meeting, have time to present their viewpoints. The Secretary will verify the authenticity of all signatures on the petition prior to the next scheduled meeting. The membership will be advised by way of the monthly membership meeting notice as to the nature of the petition. At the meeting, the Secretary will read the charges of the petition and attest to the authenticity of the necessary number of signatures. The President will then call for a vote by the membership.
Section 4: Any officer removed from office in accordance with Sections 1 or 2 of this Article will vacate this post immediately. The vacant post will be filled in accordance with Article X, Section 4.
ARTICLE XII - STANDING COMMITTEES
Section 1: Standing committees will be organized and retired from time to time, as the need arises, by the Board of Directors and/or the Executive Board.
Section 2: The membership will be advised of any changes in committee purposes and the needs of these committees as the changes are made.
ARTICLE XIII - SHIFT OR DISTRICT REPRESENTATIVE
The Shift or District Representatives shall keep the members informed on the Association and assist the members with any problems with the Association. They shall actively promote and recruit new members and keep the Officers of the Association advised of problems affecting members. Representatives will be required to submit a list of items of current interest and problems facing members to the Executive Board, either in writing prior to each monthly meeting or by attending the monthly meeting. The Executive Board shall appoint and/or remove all Shift or District Representative.
ARTICLE XIV - CALLS AND NOTICES OF MEETINGS
Section 1: Meeting Notice - At least ten (10) days (inclusive of the date of the meeting) before the date of any meeting of the membership, the Secretary shall cause a written notice, setting forth the time, place and general purpose of the meeting to be delivered to each member and Shift or District Representative of the Association. All members in good standing have a vote on issues at this meeting.
Section 2: Board Meetings Notice - Special meetings of the Board of Directors may be called by the president or by majority of a quorum of the Board of Directors and notice of such meeting shall be given to each Board Member orally or in writing as least twenty-four hours before the time fixed for the meeting and such notice shall advise each Board member as to time, place and general purpose of the meeting. No notice need be given of a regular meeting of the Board. Only Officers of the Association have a vote on issues at this meeting.
ARTICLE XV - MEMBERSHIP MEETINGS
Section 1: Annual Meetings - The annual meeting shall be held once a year in the month of January. The day, time and location shall be set by the President and/or Board of Directors.
Section 2: Monthly Meetings - There may be a monthly meeting held for the general membership. The day, time and location shall be set by the President.
Section 3: Special Meetings - A special meeting of the membership may be called in writing by the President or a majority of the total Board of Directors or a petition of 25% of the active membership.
Section 4: The calls and notices of all meetings of the membership shall conform to Article XIV of these Bylaws.
Section 5: The President or in his absence the Vice-President shall preside at all such meetings.
Section 6: Voting - All Officers of the Association and active members of the Association in good standing shall have one vote.
A.Any vote of the full membership and/or Board of Directors may be done by mail out ballot.
B.The Board of Directors and Executive Board may conduct voting in person at meetings or by mail, telephone or other electronic means.
Section 7: All informalities and/or irregularities in calls, notices or meetings and credentials and/or ascertaining of those present shall be deemed to be waived, if no objections are made at the meeting.
ARTICLE XVI - DUES
Section 1: Dues Structure - Dues will be appropriately divided between union fees to AZ-COPS and the Pinal County Deputies Association.
A. The basic dues of active members, as defined under Article II, Section 1, will be $25.00 per member per month.
(1)Dues of active civilian support staff members shall be $20.00 (amended June 2001)
B. There are no basic dues for auxiliary members, as defined under Article II, Section 4.
C. The basic dues for retired members, as defined under Article II, Section 5, will be $ 125.00 per member per year.
Section 2: Dues Increase Authorization - Dues may be increased by a majority vote of the Board of Directors and Executive Board.
Section 3: Special Assessments - The Association may make special assessments of its membership for any emergency of the Association, as declared by a majority of the Board of Directors. Such assessments must have been carried by a majority vote of the Board and a majority vote of the Active Members present. Any member not paying the assessment will be considered in bad standing, as defined under Article II, Section 3.
ARTICLE XVII - BUDGET AND EXPENDITURES
Section 1: Mandatory Budget and Fiscal Year - The Board of Directors will be required to submit a yearly budget to be presented by the Executive Board to the membership for each fiscal year, at the annual meeting. The fiscal year will begin January 1 of the year.
Section 2: Mandatory Audit - A mandatory audit is required by an independent C.P.A. approved by the Board of Directors. The audit may be completed and presented to the membership each year. The Board of Directors may have special audits at anytime.
Section 3: The Finance Committee Chairman (Treasurer) shall be responsible for implementing and adhering to Section 1 and 2 of this Article.
Section 4: Expenditures - Any single expenditure up to six hundred dollars ($600.00) may be authorized by a single officer and/or the President of the Association. Any single expenditure more than six hundred dollars ($600.00) but less than three thousand dollars ($3,000.00) may be authorized by the Secretary/Treasurer and the President of the Association. Any single expenditure of three thousand dollars ($3,000.00) or more that is authorized by the budget must have approval of by majority vote of the quorum of the Board of Directors. Any expenditure over what has been authorized by the budget must have the approval of two-thirds (2/3) of the Board of Directors (full Board).
Section 5: Checks - All checks will be signed by the Treasurer or the President or the Vice-President in the absence of the President or Treasurer.
Section 6: Bonding - The President, Vice-President and Treasurer may be bonded to a minimum of ten thousand dollars ($10,000.00).
ARTICLE XVIII - BENEFITS
Section 1: The Association shall provide any benefit such as insurance plans, savings plans, etc., that might benefit the general membership at a reasonable cost to the individual member.
Section 2: Legal Representation - The Association shall provide legal assistance for its members on any justifiable grievance with County following the guidelines set up by the Board of Directors. The budget shall reflect a certain percentage taken from the dues and placed in a fund/trust account for this benefit. These moneys will also be used for other legal services required by the Association. If a member has been terminated or suspended and the action is being appealed, said member shall continue to pay dues to the Association.
ARTICLE XIX - AMENDMENTS
Section 1: These Bylaws may be altered, amended or repealed by a two-thirds (2/3) vote of the responding membership of the Association, after the proposed changes have been sent to the Executive Board for study and recommendation, after receiving a majority vote of the members present at the previous meeting.
Section 2: The Board of Directors may also propose changes or additions to these Bylaws by a majority vote of a Quorum of the Board of Directors. The Board of Directors must then notify the membership in writing prior to a monthly meeting of the membership of said proposed changes or additions. A two-thirds (2/3) vote of the responding membership of the Association present or responding by mail in ballot shall be needed to approve any changes or additions.
ARTICLE XX - SEPARABILITY-FULL FORCE AND EFFECT
Section 1: These Bylaws shall be in full force and effect immediately upon adoption.
Section 2: Any amendment of these Bylaws shall be in full force and effect immediately upon adoption.
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