CONSTITUTION AND BYLAWS OF
Monmouth Co. Sheriff’s Officers
Local No.314
OF THE NEW JERSEY STATE
POLICEMEN’S BENEVOLENT ASSOCIATION, INC.
ADOPTED, January, 2008
APPROVED BY THE NJSPBA BYLAWS COMMITTEE
Bro. Michael DiGuilmi, Committee Chairman
(SIGNATURE COPY ON FILE )
28 February, 2008
ARTICLE I
Section
1
LOCAL ASSOCIATION’S
NAME
This Local Association will
be known as the Monmouth Co. Sheriff’s Officers,
Policemen’s
Benevolent Association, Local No.314, a Local Association of
the New Jersey State Policemen’s Benevolent Association,
Inc., (hereinafter referred to as the “State PBA” or the
“Association”), within the County of Monmouth.
Section 2
PURPOSE
The Monmouth Co. Sheriff’s
Officers Policemen’s Benevolent Association, Inc., Local #
314, is formulated as a union of Sheriff’s Officers, within
the County of Monmouth. It being a well established fact
that a number of individuals laboring for the
accomplishments of the same purpose, and more likely to
obtain the objects desired by combining their efforts than
by separate action, and by forming themselves into an
organized body will better protect their individual rights,
promote their welfare and forward their interests, as well
as extend their sphere of usefulness, we do therefore form
ourselves into this Local
Association of the New Jersey
State Policemen’s Benevolent Association, Inc.
This Local Association
will seek and obtain recognition or certification as the
exclusive majority representative of employees within the
meaning of the New Jersey Employer-Employee Relations Act,
NJSA 34:13A-1.1 et. seq., as amended or as may be hereafter
amended.
Section 3
COLLECTIVE BARGAINING
AGREEMENT
This Local Association will
within 30 days of distribution of a printed executed
collective bargaining agreement with the employer, submit a
copy of said agreement to the State PBA Office. This
agreement will be available to any
State
Delegate for inspection or research so long as that Local
Association’s collective bargaining agreement file is
current and an appointment for a review is made with the
collective bargaining consultant.
ARTICLE II
Section 1
NEW JERSEY
STATE PBA CONSTITUTION AND BYLAWS
It is affirmed
that Local Association #
314,
hereby adopts the New Jersey
State Policemen’s Benevolent Association, Inc., Constitution
and Bylaws for its rules and guidance. It is further
understood and agreed that
the Constitution and Bylaws of the State PBA cannot be
amended by any Local Association. This Local Association,
will adopt our Bylaws and under specific circumstances amend
our Bylaws so long as they are not inconsistent, are
subordinate with the Constitution and Bylaws of the State
PBA and subject at all times to the approval of the New
Jersey State PBA Bylaws Committee.
The adoption of the
Constitution and Bylaws of this Local Association is hereby
dedicated to the memory of all deceased members.
Any
reference herein to the masculine will include the feminine.
Section 2
CLASSES OF
MEMBERSHIP
There will be three
(3) classes of membership in the State PBA: Active,
Supervisor and Retired.
Section 3
DEFINITION OF
CLASSES OF MEMBERSHIP
A. Active
members are defined as any person regularly appointed as
full-time sworn law enforcement officers and in accordance
with Local Association requirements is eligible for
membership. Any person who is not a member of a
municipal police department, but who is a bona fide law
enforcement officer, who resides in any municipality wherein
a Local Association exists, will be entitled to membership
in said Local Association, providing however that he is not
already a member of another Local Association, or his
employer does not have a PBA Local Association and that he
conforms to all other requirements set forth in the
Constitution and Bylaws of this Association. A law
enforcement officer must join the Local Association of his
department. A law enforcement officer who is otherwise
eligible for membership in this Association will not be
ineligible because he/she resides outside of the State of
New Jersey;
B. Supervisor
Officers are defined as full-time sworn law enforcement
officers who are members of a Local Association and are
permanently promoted to the rank of Sergeant or above, or
the equivalent rank in a non-police department pursuant to
New Jersey Statute;
C. Retired members
are defined as any member of a Local Association who retires
in good standing.
Section 4
ENTITLEMENT
FOR CLASSES OF MEMBERSHIP
A. Active
members will be entitled to all rights, privileges and
benefits promulgated and provided by the State PBA Bylaws.
B. Supervisor
Officers and Retired members will only be entitled to those
specific rights, privileges and benefits promulgated and
provided by the State PBA Bylaws.
ARTICLE III
MEMBERSHIP ELIGIBILITY
Section
1
LOCAL ASSOCIATION’S
MEMBERSHIP APPLICATION AND ELIGIBILITY
A. Individual
members will be admitted to this Local Association upon
their regular appointment as a full-time sworn law
enforcement officer. The Bylaws of this Local Association
will, in no way, conflict with any of the Bylaws, or
regulations of the State PBA. Upon admission to this Local
Association, each member thereof becomes a member of the
State PBA and is subject to its rules and regulations and
their Bylaws thereof. A member ceasing to be a member
of the Local Association ceases to be a member of the State
PBA immediately. The State PBA may expel an individual
member of a Local Association for a violation of its rules
and regulations or Bylaws hereof;
B. (NEW AMENDMENT
ADOPTED AUGUST 22, 2006)
Any member of this
Association, who is classified as “in good standing” with
their Local Association shall be permitted to transfer to
another Local of this Association. The member who is
transfers to another Local of this Association, shall not
have their membership breached or any other phrase which
would deem them any less than a full member of the newly
joined Local Association. When a member transfers to another
Local, a letter from the duly authorized State Delegate from
the departing Local sent to the duly authorized State
Delegate of the newly joined Local will keep the membership
continuous;
C. Any member
appealing a suspension and/or firing from their law
enforcement position may retain their PBA membership during
the entire appeal process. Local Associations, solely
at their discretion, may waive dues and assessments during a
member's appeal;
D.
Applications for individual membership in a Local
Association will be referred by the President of the Local
Association to an investigating committee. At the next
meeting of the Local Association, each applicant will be
voted upon by the membership of the Local Association
present;
E. Only
individual members in good standing of a Local Association
will be permitted to vote on any application for membership;
F. Local
Associations are prohibited from the use of the blackball
system in determining the merit of an application for
membership;
G. Any
individual applicant, upon rejection for membership, may
thereafter apply for membership following a six (6) month
period;
H. On any
application for reinstatement by an individual member for
membership in a Local Association, the vote will be by a
closed ballot at a regular meeting, at which time a majority
vote will prevail regarding said application for
reinstatement;
I. The Secretary of
this Local Association will forward the record of each new
member within forty-eight (48) hours of his election and
each Local Secretary will notify this Association’s
Financial Secretary and Recording Secretary of the death,
resignation or expulsion of any individual member within 48
hours of its occurrence;
J. An up-to-date roster
setting forth the membership of each Local Association will
be submitted annually with the applications for dues cards
by October 15th of each year to the State PBA Office.
K.
Each new member to
pay $200.00 to join the Local, to help defray new membership
costs. Funds
to pay the following: Per Capita and Legal Protection
Section 2
SUPERVISORS
A. It is the policy of
this Association those Supervisor Officers and rank-and-file
members make every effort to remain as a single unit of
employees in majority representation with their employers.
Those instances where Supervisor Officers and rank-and-file
members constitute an appropriate negotiating unit, at least
one (1) Supervisor will serve on the Local Association’s
negotiating committee;
B. In the event that
the Public Employment Relations Commission or court of
competent jurisdiction directs that Supervisor Officers and
rank-and-file members be represented in separate majority
representative units within the meaning of the New Jersey
Employer-Employee Relations act, NJSA 34:13A-1.1 et seq., as
amended or as may be hereinafter amended, then said
Supervisor Officers must formulate a separate PBA/Supervisor
Officers Association (hereinafter, SOA);
C. It is hereby established that each and every SOA is
simply a majority representative component of a Chartered
Local Association of this Association and will remain
subordinate to their Local Association’s Bylaws;
D. Notwithstanding the above
Section 5 (A), (B) and (C), if the New Jersey
Employer-Employee Relations act, 34:13A-1.1 et seq, as
amended or as may be hereafter amended or a court of
competent jurisdiction directs that Supervisor Officers and
rank and file members be represented in separate majority
representative units or, if a Local Association’s SOA
petitions the State PBA for a Restricted Local Charter, as
described in Article XVIII, Section 4, before said
Restricted Local Charter is granted, the concurrence of the
Board of State Delegates will be required. An SOA may have a
separate treasury to use for majority
representation. It will be the responsibility of the Local
PBA Association and their SOA to determine which portion of
the dues will be remitted to the Local PBA for fraternal
purposes only. Any portion paid by the SOA to the Local PBA
for fraternal purposes will be kept in an account separate
from the Local Association’s account used for majority
representation. Nothing herein will prohibit the Local
Association from assessing all its members, including
Supervisor Officers, for expenses related to fraternal
purposes of this organization.
Any dispute between the Local
Association and their SOA on whether an SOA may have a
separate treasury or on the determination of the portion of
dues remitted for fraternal purposes must be brought before
the State PBA Organization Committee by the Local
Association’s President;
E. Any SOA who is
granted a
Restricted Local Charter
will have, in addition to their Local Association’s Bylaws,
limited rights and privileges promulgated by the State PBA
Bylaws for Local Association SOA’s as follows;
1. One (1) President from a SOA
will be selected by the SOA Presidents from within their
respective County to become a member of the State PBA
Supervisor Officers Associations Committee. The Chairperson
will be selected by the State PBA President;
2. The Chairperson of the Supervisor Officers Associations
Committee will be recognized to speak at an open meeting
however, no member other than a State Delegate will nominate
or second a nomination of any candidate, make or second a
motion or vote on any matter(s) that is before the Board of
State Delegates;
3. With respect to majority representation, when it becomes
necessary for Supervisors to obtain information from the
State PBA, the Supervisor recognized as the lead negotiator,
or his designee, may do so upon notification to the Local
Association’s State Delegate;
4. Supervisors will not be eligible to hold any office on
the State PBA Executive Board;
5. Supervisors will not be entitled to nominate or second a
nomination of any candidate for the State PBA Executive
Board;
6. Supervisors will not be entitled to vote for any
candidate for the State PBA Executive Board;
7. Supervisors will not be eligible to hold the office of
State PBA Delegate, Alternate Delegate or 1st
Convention Delegate if the duties of the 1st
Convention Delegate have been expanded to serve as the Local
Association’s Alternate Delegate;
8. SOA’s will elect members to elective offices for the same
term of office as their Local Association, with the
exception of the position of State, Alternate or Convention
Delegates. The minimum eligibility requirement for
elective office within an SOA is three (3) years as a member
in good standing with the State PBA;
9. SOA’s will formulate a Judiciary Committee, independent
from their Local Association’s rank and file and will retain
jurisdiction over disputes between their members. A
request for a stay or appeals from an SOA Judiciary
Committee will be pursuant to Article XVI of the Bylaws.
Section 3
LOCAL ASSOCIATION’S
ABSTENTION OF SUPERVISORS
Notwithstanding Section 2 above or, Local options enumerated
in Section 4 below, Supervisors will not be eligible to hold
any office on a Local Association’s Executive Board, make or
second a motion, nominate or second a nomination of any
candidate or vote on any matter(s) that is before the Local
Association.
Section
4
SUPERVISORS ARE REPRESENTED BY A SEPARATE UNION
LOCAL ASSOCIATION’S
OPTIONS FOR SUPERVISOR OFFICERS
A. Local option. Supervisor
Officers may attend open meetings of this Local Association
and will be permitted a voice on the floor at such meetings,
but they will not be permitted to vote at any time;
PBA 314 DOES NOT
CHOOSE THIS OPTION
B. Local option.
Supervisor Officers will be entitled to a voice and vote on
all matters relating to contracts, when both rank and file
and Supervisor Officers are in the same
majority representative unit;
PBA 314 DOES NOT
CHOOSE THIS OPTION
C. Local option. Supervisor
Officers will be entitled to a voice and vote on all
expenditures of funds within the majority representative
unit and a voice and vote on all expenditures of a fraternal
nature of the Local;
PBA 314 DOES NOT CHOOSE THIS OPTION
D. Local option. Supervisor
Officers in Local Associations may have an expanded voice on
other matters under consideration by the Local Association,
not to include nominating of officers or holding office in
this Association, nor any important matter bearing on the
rights of Patrolmen, or their equivalent;
PBA 314 DOES NOT
CHOOSE THIS OPTION
E. Local option. Supervisor
Officers in Local Associations may vote for Officers and
Trustees but may not nominate nor hold office in the Local
Association;
PBA 314 DOES NOT
CHOOSE THIS OPTION
F. Local option. Supervisor
Officers will have the right to cast their vote in their
Local Association’s State Delegate’s election;
PBA 314 DOES NOT CHOOSE THIS OPTION
G. Local option. Supervisor
Officers will be entitled to vote upon requests for
representation submitted pursuant to Section 2 (B) above;
PBA 314
DOES NOT CHOOSE THIS OPTION
H. Local option. Local
Associations may amend their Bylaws to allow their
Supervisors to attend all meetings (open meetings, closed
meetings, and special meetings) and have a voice and vote on
all issues with the exception of nominating or voting of
officers unless Local option 4 (E) is adopted allowing
Supervisor Officers to have the right of vote for officers.
Local Associations that adopt this option waive all
restrictions pertaining to the above ranks that are adopted
in Section 4 (A) above;
PBA 314 DOES NOT
CHOOSE THIS OPTION
I. Local option. A Local
Association may amend their Bylaws to allow their
Supervisors to nominate, hold office and have the right to
vote for office within their Local Association. Said
Supervisors will then be allowed to attend all meetings,
have a voice and vote on all issues however, no Supervisor
will be eligible to hold the office of the Local
Association’s President, Vice President, State Delegate,
Alternate Delegate or 1st
Convention Delegate;
PBA 314 DOES NOT
CHOOSE THIS OPTION
J. Local option. A Local
Association may amend their Bylaws to allow their
Supervisors to nominate, hold office and have the right to
vote for office within their Local Association. Said
Supervisors will then be allowed to attend all meetings,
have a voice and vote on all issues however, no Supervisor
will be eligible to hold the office of the Local
Association’s President, Vice President, State Delegate or
Alternate State Delegate however, Section 2 (E) (7) above,
will apply to this Local option;
PBA 314 DOES NOT CHOOSE THIS OPTION
K. The provisions of Section 2
will be Local Association options which will supplement and
not eliminate the provisions of Article III, Section 1, of
the State PBA Bylaws.
PBA 314 DOES NOT
CHOOSE THIS OPTION
ARTICLE IV
MEMBER STATUS
Section
1
MEMBER IN GOOD STANDING
A “member in good standing”
is defined as a member who is not in arrears in payment of
dues, fees or assessments or whose membership is not under a
disciplinary suspension or expulsion from the State PBA or
his Local Association. A “member in good standing” will be
entitled to all rights, privileges, benefits promulgated and
provided by the State PBA and Local Association’s Bylaws in
accordance with the member’s class of membership.
Section
2
MEMBER NOT IN GOOD
STANDING
A “member not in good
standing” is defined as a member who is in arrears of
payment of dues, fees or assessments pursuant to Article
XVII, Section 1 (C) of the State PBA Bylaws or whose
membership is under a disciplinary suspension or expulsion
from the State PBA or his Local Association. A “member
not in good standing” will not be entitled to any rights,
privileges, benefits promulgated and provided by the State
PBA or Local Association’s Bylaws. Additionally, the
beneficiary(ies) or legal representative(s) of a “member not
in good standing” will not be entitled to any benefits of
the State PBA or Local Association.
ARTICLE V
LOCAL
ASSOCIATION’S BOARD OF OFFICERS/ BOARD OF DIRECTORS
A.
The Board of Officers of this
Local Association will be limited to the
President; Vice President; Treasurer; Financial Secretary;
Recording Secretary and Sergeant-at-Arms;
B. The Board of
Trustees of this Local Association will be limited to three
(3) Trustees and they will be elected for a one, two or
three year terms. Commencing in June, 2007 and in June
of each third year thereafter, the term of office for Local
Association Trustees will be three (3) years;
C. The Board of
Officers and the Board of Trustees collectively will
constitute both the Local Association’s Executive Board and
for the
purposes of the State of New Jersey Not-For-Profit
Corporation Laws and the Local Association’s Articles of
Incorporation, the Local Association’s Board of Directors
and will have
control of all matters pertaining to the good and welfare of
this Local Association and of all other matters pertaining
to the business of this Local Association referred to for
its decision. All such matters referred to it will be
brought to the notice and attention of said Board by the
Recording Secretary;
D. Between regular meetings
of this Local Association the Executive Board will be
empowered to act on behalf of the Local Association, when
necessary. In matters requiring action by the Local
Association’s Executive Board when not in formal session,
they may act by telephone or by other means of
communications;
E. All decisions
rendered and submitted by the Local Association’s Executive
Board will be final and can only be overruled by a majority
vote of the members present at a regular meeting;
F. Any vacancy on this
Local Association’s Executive Board will be filled in
succession by the Local Association’s President with the
Local Association Executive Board member immediately below
the vacant position and the Local Association President will
appoint a member of the Local Association to the Executive
Board until the next election.
ARTICLE VI
LOCAL ASSOCIATION’S BOARD
OF TRUSTEES
A. The Board of
Trustees of this Local Association will be sole custodian of
all property and records of this Local and will approve all
bills ordered paid;
B. The Board of
Trustees of this Local Association will maintain general
supervision over the financial affairs of this Local
Association and investigate all claims and bills referred to
it. It will have custody of the bonds of the Officers
of this Local Association as required and will demand such
bonds from any Officer designated under these
Bylaws,
before such Officer will assume the duties of his office;
C. The Board of
Trustees of this Local Association will have access to all
books, records, files, papers, etc., of this Local at all
times. The Board of Trustees of this Local Association
will examine the books and records of the Financial
Secretary, Treasurer, and the bank accounts at least once
every six (6) months and will submit a semi-annual itemized
statement, once at the June meeting, comprising the
following items: Cash received and the purpose
therefore; amount of money invested, character of securities
and stocks, respectively; and perform such other duties as
prescribed by this Local;
D. The Board of Trustees of
this Local Association will keep an accurate record of the
date, payee, object, account, and date of approval of each
account approved by them. They will choose a Chairperson who
will preside at their meetings and be their spokesperson;
E. The Board of Trustees of
this Local Association will also select from their members a
secretary who will notify all members and the President,
Financial Secretary and Treasurer of the time and place of
all meetings;
F. The President and the
Board of Trustees are authorized to invest funds of this
Local Association to the maximum extent possible in sound
investments. Investment activities will be consistent
with a specific statement of investment policy, objectives,
and guidelines. Such statement of investment policy,
objectives, and guidelines will be subject to the approval
of a 2/3's vote of the Local Association’s entire
membership.
ARTICLE VII
STATE DELEGATE AND
ALTERNATE STATE DELEGATE
Section
1
PRINCIPAL DUTIES OF THE
LOCAL ASSOCIATION’S STATE DELEGATE
A. The governing, legislative
power and control of the State PBA are vested in a Board of
State Delegates consisting of a representative from each
Local Association. All State Delegates of the State
PBA, individually and collectively, will endeavor at all
times to promote its welfare during their term in the State
PBA;
B. Notwithstanding
Article IV, Section 5, (E1, E2 and E3) of the State PBA
Bylaws,
the State Delegate will represent this Local
Association at all State meetings and act as liaison between
the two organizations. He will report all State
activities, including legislative efforts, to the Local
Association, keeping it advised of all current matter of
interest. He will maintain public relations with local
legislators and keep advised of any and all legislation
affecting law enforcement officers or law enforcement in any
way. He will also serve on all important committees of
the State PBA as appointed by the State PBA President; will
be a member of all important committees on a Local
Association level and will keep advised of any change or
amendment in the
Bylaws and so notify
the Local Association. He will also process all
communications between the Local Association or its
individual members and the State PBA, particularly as to any
grievances or appeals that may be processed. A State
Delegate will not withhold the dues card from any member in
good standing of their Association;
C.
Within five (5) business days of being elected to the
position of State Delegate, the State Delegate
will notify the State PBA Office giving their name, address,
phone numbers and Local Association they
represent. The newly elected State Delegate will be
advised of the date to attend the next New Delegates
meeting, prior to being sworn in by the State at a monthly
Board of Delegates meeting. The new State Delegate
must submit a copy of their Local Association’s current
collective bargaining agreement(s) to the Chairman of the
New Delegates' Committee when attending the New Delegates
meeting, prior to being sworn in;
D. If any
State Delegate is elected to the position of State PBA
President or Executive Vice President, they will be
considered the permanent State Delegate from their
respective Local Association and will not be required to run
for re-election as State Delegate for as long as they serve
as State PBA President or Executive Vice President of this
Association;
E.
Any State Delegate, upon election to a State Office, will
represent his Local Association as its State Delegate until
the expiration of his term of office and the term of a State
Delegate will not expire until after the close of Unfinished
Business at the annual convention;
F. The Local
Associations which the State PBA President and the Executive
Vice President represent may elect an Alternate Delegate who
will be allowed to perform the normal State Delegate’s
responsibilities, except for voting on issues before the
State Board of Delegates, which will still be performed by
the State President and the Executive Vice President.
The main purpose of this sub-section is to relieve the State
PBA
President and the Executive Vice President of some
of the duties normally performed by a Local Association’s
State Delegate;
G. This Local
Association will defray the expenses of their State
Delegate, and failure to do so will subject the Local
Association to suspension from the State PBA.
Section 2
ELIGIBILITY
A. The
State Delegate will be elected as prescribed by this Local
Association’s Bylaws at a regular meeting of the Local
Association in June. Nominations for said office will
be at the preceding regular May meeting. A member, to
be eligible for office, must have been a member of this
Local Association for three (3) or more years at the time of
nominations. This does not apply to a new Local Association
with less than three (3) years affiliation. The
official date of affiliation will be the date which appears
on their Charter and concurs with the date of approval by
the Board of State Delegates. The term of office for a
State Delegate will be three (3) years. Upon the State
Delegate failing to complete his term for any reason, the
Local Association will immediately upon termination conduct
an election for the unexpired term of said office;
B. A State
Delegate who is permanently promoted to the rank of Sergeant
or above, or the equivalent rank in a non-police department
pursuant to New Jersey Statute will retain the position of
State Delegate until the new State Delegate commences his
term pursuant to Article XII, Section 5, (B) of the State
PBA Bylaws but, will not retain the position beyond one
hundred twenty (120) days of said permanent promotion or the
next May nominations and elections in June, whichever comes
first.
Section 3
LOCAL
ASSOCIATION’S ALTERNATE STATE DELEGATE
Each Local Association must
select an Alternate State Delegate who will be elected
pursuant to his Local Association’s Bylaws unless a Local
option is adopted stating he may be appointed by the Local
Association’s State Delegate. The Local Association must
provide the name of the elected or appointed Alternate State
Delegate to the State PBA within five (5) calendar day of
said election or appointment. The primary duty of the
Alternate State Delegate will be to attend the Board of
State Delegates meeting(s), when the duly elected State
Delegate is unable to attend. The Alternate State
Delegate will be allowed to cast any vote(s) called for at a
meeting when he/she is in attendance in place of the duly
elected State Delegate. A member, to be eligible for office,
must have been a member of a Local Association for three (3)
or more years at the time of nominations. This does not
apply to a new Local Association with less than three (3)
years affiliation. The official date of affiliation
will be the date which appears on their Charter and concurs
with the date of approval by the Board of State Delegates.
The term of office for the elected or appointed Alternate
State Delegate will coincide with the Local Association’s
State Delegate’s term of office. Upon an Alternate State
Delegate failing to complete his term for any reason, the
Local Association will immediately upon termination conduct
an election for the unexpired term.
Section 4
LOCAL
ASSOCIATION’S OPTION FOR APPOINTING AN ALTERNATE STATE
DELEGATE
Local option.
In lieu of an election, the Local Association’s State
Delegate may appoint the Alternate State Delegate.
PBA 314 DOES
NOT CHOOSE THIS OPTION
Section 5
EXPANDING
THE DUTIES OF THE LOCAL ASSOCIATION’S DULY AUTHORIZED 1st
CONVENTION DELEGATE
The Local
Association may expand the duties of the member elected as 1st
duly authorized annual Convention Delegate pursuant to his
Local Association’s Bylaws to serve as the Local
Association’s Alternate State Delegate unless a Local option
is adopted stating the Local Association’s State Delegate
may appoint and expand the duties of the 1st
Convention Delegate, to serve as the Local Association’s
Alternate State Delegate. When the duties of the 1st
Convention Delegate has been expanded, the Local Association
will advise the State PBA of that fact and provide the name
within five (5) calendar days of said member’s election or
appointment. Effective July 1, 2006, and each July 1st
thereafter, the term of office for the 1st
Convention Delegate serving as the Alternate State Delegate
will be for one (1) year. Nothing in Article VII is intended
to limit the number of authorized Delegates who may attend
the convention on paid leave pursuant to State law or
applicable collective bargaining agreement.
Section 6
LOCAL
ASSOCIATION’S OPTION FOR EXPANDING THE DUTIES OF THE DULY
AUTHORIZED ANNUAL 1st CONVENTION DELEGATE
Local option. In lieu of
an election and the decision by the Local Association to
expand the duties of the duly authorized annual 1st
Convention Delegate to serve as the Alternate State
Delegate, the Local Association’s State Delegate may appoint
and expand the duties of the duly authorized annual 1st
Convention Delegate to serve as the Alternate State
Delegate. PBA 314 DOES
NOT CHOOSE THIS OPTION
ARTICLE VIII
CONVENTION DELEGATES
Section 1
LOCAL
ASSOCIATION’S DULY AUTHORIZED ANNUAL CONVENTION DELEGATES
Each Local
Association must select two (2) duly authorized annual
Convention Delegates who will be elected pursuant to the
Local Association’s Bylaws unless a Local option is adopted
stating he may be appointed by the Local Association’s State
Delegate. The duly authorized annual Convention Delegates
will be elected in numerical order as the 1st and
2nd Convention Delegates and in a separate
bracket from either the State Delegate or the Alternate
State Delegate. The term of office for said Convention
Delegates will expire the following year at the conclusion
of the annual State PBA mini- convention.
Section 2
LOCAL
ASSOCIATION’S OPTION FOR APPOINTING THE DULY AUTHORIZED
CONVENTION DELEGATES
Local option. In lieu of an
election, the Local Association’s State Delegate may appoint
the duly authorized annual 1st and 2nd
Convention Delegates. PBA
314 DOES NOT CHOOSE THIS OPTION
Section 3
REPRESENTATIVES TO THE
ANNUAL AND MINI CONVENTION
A. The convention
delegation from each Local Association for any State PBA
Annual Convention and Mini-Convention will be composed of
any and all duly authorized representatives who will be
designated and authorized to attend by each Local
Association. Local Association’s will have the sole
authority to determine the number of duly authorized
representatives to attend any State PBA Convention and
Mini-Convention. One of the representatives must be
the State Delegate or in his absence, the Alternate State
Delegate, who will cast the vote for the Local Association.
In the State Delegate’s or Alternate State Delegate’s
absence, the 1st duly authorized Convention Delegate will
cast the Local Association’s vote. The 1st
and 2nd duly authorized Convention Delegate’s
duties apply only for the duration of the Annual Convention
and Mini-Convention. Supervisor Officers will not be
eligible to become the 1st
Convention Delegate unless the Local Option in Article III,
Section 4 (J) is adopted;
B. The State Delegate
will handle any additional monies allotted by the Local
Association for expenses for other members of the Local who
may be attending.
ARTICLE IX
LOCAL ASSOCIATION’S QUORUM
REQUIREMENTS
A quorum for Local
Associations with sixty (60) or more voting members will be
ten percent (10%) or one-hundred (100) voting members at a
General Membership meeting, whichever is less. A
quorum for Local Associations with fifty-nine (59) or less
voting members will be six (6) voting members at a General
Membership meeting;
Local option. A Local
Association may amend their Bylaws to include an adjusted
quorum percentile, however, said adjusted quorum percentile
will be no less than ten percent (10%) but no more than
thirty percent (30%) or one-hundred (100) voting members at
a General Membership meeting, whichever is less;
A majority of the Local
Association’s Executive Board members at an Executive Board
meeting will constitute a quorum;
A majority of the Local
Association’s Board of Directors at a Board of Directors
meeting will constitute a quorum;
A majority of the Local
Association’s Committee members at a Committee meeting will
constitute a quorum;
In the absence of a quorum,
any business transacted will be null and void.
ARTICLE X
LOCAL ASSOCIATION’S
MEETINGS
A. The
President of the Local Association will determine the date,
time and location of the monthly or special meetings
however, a meeting notice and agenda will be posted
conspicuously to the Local Association’s membership ten (10)
calendar days prior to said meeting;
B. Special meetings will be
called by the Local Association’s President upon written
request of one third (1/3) of the total number of members,
or when, in his judgment, it may be necessary. In the
case of such special meeting, the object of said meeting
will be stated in said notice enumerated in the above
paragraph (A) to the Local Association’s membership;
C.
Retired members will only have a voice on fraternal matters
of this Local Association. They will not nominate or
second a nomination of any candidate, make or second a
motion or vote on any matter(s) before this Local
Association.
ARTICLE XI
LOCAL ASSOCIATION’S
RESPONSIBILITY
A.
This Local Association will be
responsible for any damage caused by any member or guest of
the Local Association during any PBA convention or function.
This determination will be made by the State PBA Executive
Board after completing an investigation. Restitution
for the damage must be made by the Local Association within
sixty (60) days after receipt of notification from the State
PBA Executive Board. Failure to adhere to this
requirement will subject the Local Association to revocation
of its Charter;
B. The annual Valor
Awards fee is mandatory for all Local Associations and must
be payable to the New Jersey State PBA Survivors’ and
Welfare Fund on or before the August monthly meeting of the
Board of State Delegates. The annual Valor Awards fee may be
amended by a majority vote of the Board of State Delegates
at a monthly meeting.
ARTICLE XII
Section
1
LOCAL ASSOCIATION’S
ORGANIZATIONAL DISCIPLINE
A. Any Local
Association Executive Board member or State Delegate may be
removed or otherwise disciplined
pursuant to Article X,
Section 2,
of the State PBA Bylaws for in competency, neglect of duty,
failure to comply with the Bylaws of the State PBA or their
Local Association or for conduct unbecoming their standing
in the State PBA or Local Association;
B. Local
Association Executive Board members and State Delegate may
be removed or otherwise disciplined pursuant to Article X,
Section 2, of the State PBA Bylaws upon three (3) unexcused
absences from three (3) consecutive meetings;
C.
Notwithstanding the
provisions of these Bylaws to the contrary, a majority vote
of the total membership eligible to vote and in attendance
at any regular meeting is necessary to remove an Executive
Board member or State Delegate of this Local Association.
Written notice, by posting in the area where meeting notices
are normally posted; by hand delivery; or by placing in each
Local members mail slot at their place of employment,
(headquarters, institution, etc.), of such action will be
given to all members at least ten (10) calendar days prior
to said meeting and written notice, by hand delivery,
placing it in the member’s mail slot at their place of
employment, or by mailing via first-class mail, setting
forth the basis for such action will be given/mailed
Certified Return Receipt requested, to the Executive Board
member or State Delegate so charged at least thirty (30)
days prior to said meeting;
D. Any member of a Local
Association may be disciplined pursuant to Article X,
Section 2 of the State PBA Bylaws for failure to comply with
the Bylaws of the State PBA or their Local Association or
for conduct unbecoming their standing in the State PBA or
Local Association.
Section 2
APPEALS
Any Local
Association Executive Board member or State Delegate so
removed or otherwise disciplined will have the right to
appeal to the State PBA Judiciary Committee pursuant to
Article XVI,
Section 3,
of the State PBA Bylaws.
Section 3
STAYS
Any Local Association
Executive Board member or State Delegate so removed or
otherwise disciplined will have the right to request a stay
to the State PBA Judiciary Committee Chairperson pursuant to
Article XVI, Section 4, of the State PBA Bylaws.
ARTICLE XIII
LOCAL ASSOCIATION’S
EXECUTIVE BOARD AND STATE DELEGATE
Section 1
EXECUTIVE BOARD AND
STATE DELEGATE
A. The Executive Board of
this Local Association will be the Board of Officers as
follows: President, Vice-President, Treasurer,
Financial Secretary, Recording Secretary, Sergeant-at-Arms
and the Board of Trustees. The Board of Officers will be
elected for a term of two (2) years. The Board of
Trustees will be elected to a term as enumerated in Article
V, section 2 (B) of the State PBA Bylaws;
B. The State Delegate will be
elected to three (3) year terms (Note: A newly elected State
Delegate will commence his term pursuant to the State PBA
Bylaws, Article XII, Section 5 [B] );
C. The voting members of this
Local Association will be notified ten (10) calendar days
prior to nominations with the date, time and location of
said nominations, elections and the election rules of this
Local Association.
Section
2
ELIGIBILITY FOR
ELECTIVE OFFICE
A. Any member seeking an
elective office in the Local Association must have been a
member of this Local Association for three (3) or more
years. When no member meets the three (3) year
requirement for nominations to an elective office, only then
will nominations be open to members with less than three (3)
years;
B. In the event a member
quits the Local Association and returns or loses his
membership for non-payment of dues or assessments, he or she
would have to wait three (3) years to be eligible to run for
Local office.
C. Any Member wishing to run
for an elected position must have 70% attendance of the
regular Local monthly meetings in the preceding two years.
Section 3 (NEWAMENDMENT ADOPTED APRIL 11, 2006)
LOCAL ASSOCIATION OPTIONS
FOR ELEGIBILITY FOR LOCAL ELECTIVE OFFICE
A. With the exception of
the Local Association President or State Delegate, any
member seeking an elective office in his or her Local must
have been a member of his Local Association for three (3) or
more years. When no member meets the three (3) year
requirement for nominations to an elective office, only then
will nominations be open to members with less then three (3)
years. Any member seeking the office of Local Association
President or State Delegate must first serve as a member of
his or her Local Association’s Executive Board for two (2)
full terms prior to nominations for said Local Association
President or State Delegate;
PBA 314 CHOOSES
THIS OPTION
B. Any member appealing a
termination from his or her employment as a Law Enforcement
Officer may retain their membership in their Local
Association and the Legal Protection Plan pending the
exhaustion of the appeal(s) process and full payment of
their Local Association’s membership dues on the date
determined by the Local Association. Pending the
exhaustion of the appeal(s) process, said member will only
have a voice on fraternal matters of this Local Association
and will not hold any elective office, nominate or second
any nominations of any candidate, make or second any motions
or vote on any matter(s) before the Local Association until
all appeal(s) are exhausted.
PBA 314 CHOOSES
THIS OPTION
Section 4
NOMINATIONS FOR
ELECTIVE OFFICE
A. The Local Association will
nominate their Officers, Trustees and State Delegate at the
regular meeting in May and elections will be held at their
regular meeting in June. The Alternate State Delegate, 1st
and 2nd annual Convention Delegates may be
elected or as a Local option, appointed by the Local
Association’s State Delegate pursuant to Article VII,
Section 3 of the State PBA Bylaws. The duly authorized 1st
annual Convention Delegate may also serve as the Local
Association’s Alternate Delegate pursuant to Article VII,
Section 3 (C) of the State PBA Bylaws;
B. Upon
ratification of these Bylaws, if this Local Association is
not in compliance with Section 3(A) above, then it will
extend the term of the Officers, Trustees, State Delegate
and Alternate State Delegate to the proceeding month of May
when nominations and elections for Officers, Trustees, State
Delegate and Alternate State Delegate, if applicable, will
be held in compliance with Section 3(A) above;
C. In the event
that any member of this Local Association will have been
suspended or removed from his law enforcement duties during
the period of nominations for office or the elections
thereof, or both, said individual may be considered eligible
for nomination or election, pending a departmental appeal,
and if said individual is elected, he may hold office unless
and until he is finally removed from his department
following appeals.
Section 5
AMERICAN
ARBITRATION ASSOCIATION
Local option.
The Local Association President will enter into an agreement
with the American Arbitration Association who will
administer the elections for elective office(s) of the Local
Association. The Local Association will abide with the
election rules of the American Arbitration Association.
Section
6
LOCAL ASSOCIATION
ELECTIONS RULES
A. There will be an Election
Committee consisting of three (3) members appointed by the
Local Association’s President prior to the May monthly
meeting. The Chairperson is to be elected by the members of
the Election Committee and said Committee will have all
powers necessary to conduct a fair, open and complete
election;
B. Nominations for Office in
a Local Association will be made from the floor at the May
monthly meeting. The incumbents will be allowed to
nominate after all other nomination(s) have been made.
At the close of nominations, if a candidate is unopposed for
Office, the Recording Secretary will cast one (1) vote and
that candidate will be deemed elected;
C. Once nominated, a
candidate may withdraw his name from nominations at any time
prior to the adjournment of the May monthly meeting;
D. Elections for Office in a
Local Association will be held at the June monthly meeting
and must be held within the State of New Jersey. The
Election Committee Chairperson will declare the election
results at this meeting;
E. Proxy voting will not be
allowed in this Local Association;
F.
Absentee Ballot voting may be permitted as a Local
Association option and only if the member is absent for good
cause;
G. A
write-in vote will not be allowed at any election of this
Local Association;
H. Each candidate for office
will be entitled to one poll watcher selected by the
candidate. Either the candidate or their selected
watcher may be present during the vote count; however, a
candidate cannot be present during the actual voting
process. When a slate of officers has been nominated,
the Election Committee Chairperson will limit the number of
poll watchers for that particular slate of candidates;
I. The
hours for the election vote will be determined by the
Chairperson of the Election Committee however, each eligible
member will be given the opportunity to cast his vote until
the vote is completed;
J. There
will be no electioneering or polling on the day of the
election;
K. All elections held by this
Local Association will be governed by plurality vote.
In an election, a candidate has a plurality when he has a
greater vote than any other candidate for that elective
office;
L. The Local Association’s
Election Committee will be the custodian of the election
ballots. The election ballots will not be destroyed until
all challenges and appeals have been exhausted pursuant to
Articles XV and XVI of the State PBA Bylaws and only then,
upon a motion adopted by the members at a monthly meeting.
Section 7
CHALLENGES OF LOCAL
ASSOCIATION NOMINEES
A. Any challenge relating to
a nominee or his qualifications will be promptly made within
seven (7) calendar days following the nomination. The
failure to assert any impropriety concerning a nominee or
candidate for office within such a period of time will
constitute and be deemed a waiver of any defect therein.
Any challenge relating to an election or its manner of
conduct will be promptly made within seven (7) calendar days
following the election. The failure to assert any
impropriety concerning an election or its manner of conduct
within such a period of time will constitute to be deemed a
waiver of any defect thereto. A challenge directed to
a nominee or candidate for office or his qualifications or
in any manner directed toward said nominee's eligibility for
office will be made within seven (7) calendar days following
the nomination and cannot be made, in all events, following
the election. Only questions or improprieties
concerning the election itself can be made within seven (7)
calendar days following election. The distinction
between the challenge to a nominee or candidate for office
and an election will be rigidly adhered to and enforced;
B. Challenges enumerated in
Section 6 (A) above, will be pursuant to Article XII,
Section 6 and Articles XV and XVI of the State PBA Bylaws.
Section 8
LOCAL ASSOCIATION
EXPIRATION OF TERM OF OFFICE
All Officers of the Local
Association will have their books, records, files, papers,
etc., available at all times for the inspection by the Board
of Trustees. All Officers, upon expiration of their
term of office, or when promoted to the rank of a
Supervisor, or when resigning from or upon dismissal from
the police department, will turn over to their successors in
office, or upon demand of this Local Association, all money,
books, records, files, papers or any other matter in their
possession which is or may be considered the property of
this Local Association. This section will not apply to
the President, who must turn over all money, records, books,
files and papers, etc. to the Executive Board upon their
demand.
Section 9
PROMOTIONS
Notwithstanding Article III,
Section 4 (I) or (J) of these Bylaws, any Executive Board
member of this Local Association who is permanently promoted
to the rank of Sergeant or above pursuant to New Jersey
Statute will no longer retain the position of Executive
Board member and the President of the Local Association will
declare the office vacant and filled pursuant to the Local
Association’s Bylaws.
Section 10
LOCAL ASSOCIATION
EXPENSES FOR OFFICERS, TRUSTEES AND STATE DELEGATE
Expenses may be paid to each
Officer, Trustee and State Delegate of this Local
Association per annum as follows:
President
$500.00 &nbs
