Clermont Professional Firefighters
LOCAL 4350
CONSTITUTION
AND
BY-LAWS
(Date of Membership Approval)
Bernie L Drew
(Authorized Local Officer)
TABLE OF CONTENTS
Name............................................................................................................ 1
Section 1. Local Number and Name.............................................................. 1
Section 2. Definitions..................................................................................... 1
Section 3. Compliance................................................................................... 1
ARTICLE 2
Jurisdiction.................................................................................................... 1
ARTICLE 3
Membership.................................................................................................. 2
Section 1: Active........................................................................................... 2
Section 2: Honorary....................................................................................... 2
Section 3: Retiree.......................................................................................... 2
Section 4: Maintenance of Good Standing...................................................... 2
Section 5: Separation..................................................................................... 2
Section 6: Delinquent Members...................................................................... 3
ARTICLE 4
Meetings....................................................................................................... 3
ARTICLE 5
Officers and Elections.................................................................................... 4
ARTICLE 6
Duties of Officers........................................................................................... 5
Section 1: Local President.............................................................................. 5
ARTICLE 7
Delegates and Alternates to International Conventions.................................... 7
Initiation Fees, Dues And Assessments........................................................... 7
Section 2: Dues............................................................................................. 7
Section 3: Assessments.................................................................................. 7
Section 4: Increases in Rates.......................................................................... 7
Section 5: Reinstatement fees......................................................................... 7
ARTICLE 9
Misconduct, Trials And Appeals.................................................................... 8
Section 1: Misconduct and Trials.................................................................... 8
Section 2: Appeals......................................................................................... 8
ARTICLE 10
Audit............................................................................................................. 8
ARTICLE 11
Amendments................................................................................................. 8
Section 1: Proposed Amendments.................................................................. 8
Section 2: Adopted Amendments................................................................... 8
LOCAL UNION CONSTITUTION & BY-LAWS
ARTICLE 1
Name
Section 1: Local Number and Name
The number of this organization shall be Local number: 4350
The name of this organization shall be:
Name: Clermont Professional Firefighters Local 4350 International Association of Fire Fighters.
Section 2: Definitions
References in this Constitution and By-Laws to “Local” or "Local union" shall refer to the Local as set forth in Section 1 above, and references to “Association” or “International” shall refer to the International Association of Fire Fighters.
Section 3: Compliance
This Local Union, its officers, representatives, and members shall recognize, observe, and be bound by the provisions of the Constitution and By-Laws of the International Association and the interpretations rendered by the International's General President, the resolutions, and decisions and directives of the Executive Board of officers of the Association, when made in conformity with the authority granted by the Constitution and By-Laws of the Association, and the resolutions adopted and policies established by the delegates at conventions. Article XIII of the Constitution and By-Laws of the Association is recognized as providing the basic rules governing this Local.
ARTICLE 2
Jurisdiction
“Jurisdiction shall be as follows: All full-time, paid employees engaged in fire fighting, emergency medical or rescue service activities, or related services.”
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ARTICLE 3
Membership
Any person of good moral character who, at the time of making application is engaged in service within the jurisdiction of this Local, as given in Article 2, is eligible for active membership.
Anyone eligible for membership in this Local shall not be refused membership or, upon acceptance, be discriminated against because of race, color, gender, sexual orientation, creed, national origin, or by reason of disability.
For meritorious service to the Local, or for distinguished public service, persons may be elected honorary members by a majority vote. Honorary members shall not pay initiation fees, dues or other charges and shall have no voice or vote in the Local. Such membership may be revoked for cause.
Members who have retired from this Local or have otherwise withdrawn as members in good standing may be allowed to return to this Local within 90 days as active-retired members.
Membership in good standing includes any person who has fulfilled the requirements for membership in this Local and who has not voluntarily withdrawn, become ineligible for continued membership or been suspended or expelled as provided in the Constitution and By-Laws of the International Association of Fire Fighters or the Constitution of this Local.
When any member in good standing is separated from the fire service, the Local Union may allow said member to retain active membership or in lieu thereof, upon request of said member, shall issue a withdrawal card. The Local Union may issue withdrawal cards only to those members who leave the fire service or
Members, who have retired from this
Members who fail to pay their monthly dues or assessments by the fifteenth (15th) day following the month such dues are payable shall be notified by the Local officer whose duty it is, that they are delinquent and will be automatically suspended and lose their good standing if payment is not made within sixty (60) days following such notification. Delinquent and suspended members are not entitled to a voice or to vote in the Local or in the affairs of the International.
ARTICLE 4
Meetings
Regular meetings of the Local shall be held on the 3rd Monday of each month at 1830
Special meetings may be called by vote of a majority of the Executive Board. All members in good standing shall be notified of such special meeting at least seven (7) days prior to the same. The notice shall state the business to be considered at such meeting, and no other business than that stated in the notice shall be in order at such meeting.
The quorum for any meeting of this Local, either regular or special, shall be five (5) members in good standing.
Every member in good standing shall have the right to attend any meeting and to participate in such meeting in accordance with the recognized rules set forth in the manual of parliamentary procedure adopted by this Local. Members shall conduct themselves in such a manner as to not interfere with the legal or contractual obligations of the International or this Local.
The rules contained in Roberts Rules of Order shall govern the meetings of this Local in all cases not in conflict with this Constitution and By-Laws, or the Constitution and By-Laws of the International, or interpretations of these documents
1] Pursuant to Resolution No. 14 adopted at the 2002 IAFF Convention, local unions have the option of using either Atwood’s Rules for Meetings or Robert’s Rules of Order.
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ARTICLE 5
Officers and Elections
The officers of this Local shall consist of a president, vice president, secretary, treasurer and three (3) members of the Executive Board, who shall hold office for two (2) years, and until the election and installation of their successors, unless removed from office as provided in the Constitution and By-Laws of the International or this Constitution and By-Laws. The offices of Secretary and Treasurer may be held by the same individual.
Any member of one year in good standing shall be eligible to be a candidate for office in this Local.
Every candidate for office shall have the right to request distribution of campaign literature, by mail or otherwise, to all members in good standing, at the candidate's own personal expense. “A candidate for office” includes a candidate for membership on the Executive Board. There shall be no discrimination in favor of or against any candidate with regard to the use of membership lists.
No funds received by this Local through initiation fees, dues, or assessments or otherwise, shall be contributed or applied to promote the candidacy of any person in election of officers.
This section does not prevent the expenditure from Local funds for notices, factual statements of issues and other necessary expenses to conduct elections so long as they do not involve promotion of any candidate.
Each member in good standing shall be given at least fifteen (15) days advance notice, in writing, of the date, time and place at which nominations shall be made, and at least fifteen (15) days advance notice, in writing, sent by mail to the last known address of the member, of the date, time and place at which elections shall be held.[1] Any member in good standing may nominate eligible members for office.
ARTICLE 6
Duties of Officers
Section 1: Local President
It shall be the duty of the President to preside at all meetings of the Local and at meetings of the Executive Board. He/she shall be the executive head of the Local. He/she shall be a member ex-officio of all committees. He/she shall appoint such committees as may be provided for in this Constitution and By-Laws and such special committees as may be authorized by the Local. Together with the Treasurer, he/she shall sign all orders and checks lawfully and properly drawn. He/she shall enforce strict observance of the Constitution and By-Laws of the International as this document relates to the Local, and the Constitution and By-Laws of the Local and shall have the final authority, subject only to internal appeal to the International pursuant to Article XVIII of the IAFF Constitution and By-Laws, to decide questions of parliamentary rules and questions involving interpretation of this Constitution and By-Laws. He/she shall have general supervision of the activities of the other officers and the chair of committees.
The President shall discharge on behalf of the Local such duties as may be imposed upon him/her by applicable law including the execution and filing of any reports to Federal or State authorities, and he/she shall cause the Local to maintain such records as the law requires them to be kept, in support of reports it files.
The President, by virtue of his/her election, shall be a delegate of this Local to the convention of the International.
The Vice President shall assist the President in such a manner as the President may determine. In the absence of the President he/she shall preside at meetings of the Local and of the Executive Board. If the office of President becomes vacant, the Vice President shall be acting President until the office of President is filled by election by the Executive Board.
The Secretary shall have custody of all documents, records, books and papers belonging to the Local, except as may be otherwise provided by this Constitution and By-Laws. He/she shall keep an accurate record of the meetings of the Local and of the Executive Board, of which he/she shall be the Secretary. He/she shall attest all official documents with his/her signature and the seal of the Local. He/she shall conduct the correspondence of the Local promptly. He/she shall maintain the official list of members in good standing, which shall be kept accurately and on a current basis.
The Secretary shall discharge on behalf of the Local such duties as may be imposed upon him/her by applicable law including the execution and filing of any reports to Federal or State authorities, and he/she shall cause to be maintained by the Local such records as the law requires to be kept in support of reports filed by it.
The Treasurer shall receive all monies due the Local, from whatsoever source, and shall disburse the same only by voucher signed by the President in conformity with a vote of the Local. Such disbursement shall be by check, which shall also be signed by the President. He/she shall maintain and keep current a record of members with their dues payments, assessments and all financial transactions promptly and accurately entered. He/she shall be prepared to exhibit receipts and vouchers upon the audit of his/her books. He/she shall forward the annual audit of the Local to the International General Secretary-Treasurer, over the seal of the Local.
The Executive Board shall consist of the President, Vice President, Secretary and Treasurer, and members who are elected at the annual meeting. It shall be the duty of the Executive Board to exercise general supervision and control of the invested funds and property of the Local. It shall have the authority to act in the name of the Local during intervals between meetings, such acts being subject to confirmation by the membership at the next regular meetings of the Local. It shall provide for an annual audit of the Treasurer's books. It shall meet at the call of the President or on call signed by a majority of its members. A majority shall constitute a quorum.
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All officers and employees of the Local who handle funds or property of the Local shall be bonded in such amounts as may be required by the Board of Trustees and the International General Secretary-Treasurer, in compliance with applicable law. The expense of the first $5,000 of Bond shall be borne by the International. If additional bond is necessary, the Local shall pay the additional premium. The Local shall have sufficient bond to cover at least ten (10%) percent of its current liquid assets.
ARTICLE 7
Delegates and Alternates to International Conventions
Section 1: Delegates
If, in accordance with Article IV, Section 2 of the International Constitution and By-Laws, this Local is entitled to Delegates in addition to the President, they shall be elected by secret ballot of the members in good standing.
Section 2: Alternates
Alternates to conventions shall be elected by secret ballot of the members in good standing. The credentials of delegates and alternates must certify to this method of election.
Initiation Fees, Dues and Assessments
Initiation fees shall be paid in the amount of $10.00 Ten ($10.00) dollars of this amount shall be submitted to the IAFF.
Dues shall be $40.00 each month.
Section 3: Assessments
Assessments may be made only in the following manner: Each member in good standing shall be notified in writing at least thirty (30) days in advance of the date on which the vote for an assessment is to occur. The proposed assessment shall become effective upon a majority vote of the members in good standing, by secret ballot at a general or special meeting.
Section 4: Increases in Rates
Increases in rates of initiation fees, reinstatement fees or dues shall require notice of such proposed increase to be given to the members in good standing at least thirty (30) days in advance of the date on which the vote for such increase is to occur. The proposed increase shall become effective upon a majority vote of the members in good standing, by secret ballot at a general or special meeting.
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Reinstatement fees shall be $10.00, plus all back dues and assessments. Ten ($10.00) dollars of this amount shall be submitted to the IAFF.
ARTICLE 9
Misconduct, Trials and Appeals
Any member charged with misconduct as defined in Article XV of the International's Constitution and By-Laws shall be served with written specific charges as required by Article XVI of the International Constitution and be given a reasonable time to prepare his/her defense and afforded a hearing as provided in Article XVII of the International Constitution.
Appeals may be made in accordance with Article XVIII of the International's Constitution and By-Laws. Such appeal must be filed with the International General President of this Association within thirty (30) days of the action to be appealed.
ARTICLE 10
Audit
The books and accounts of this Local shall be audited annually, and the last such report of audit shall be forwarded to the International's General Secretary-Treasurer with the seal of the Local within one hundred and eighty (180) days of the close of the Local's fiscal year, and shall include an accurate accounting of all employees within the Local Union's Fire Department.
ARTICLE 11
Amendments
This Constitution and By-Laws made under its provisions may be amended by a two-thirds (2/3) vote (except for changes in dues and assessments, and initiation and reinstatement fees, which shall require a majority vote, as provided in Article 8, Sections 3 and 4) at a regular meeting, provided that each member in good standing is notified in writing of the proposed amendment at least fifteen (15) days in advance of the meeting at which the vote will be taken.
A proposed amendment to this Constitution, or any By-Laws made under its provisions, shall be submitted for approval to the International's General President prior to its printing, or issuance, after it has first been adopted by the membership.