ARTICLE I – NAME

            The name of this Association shall be the Suffolk Police Officers’ Association, Local 5022, affiliated with the International Union of Police Associations, AFL-CIO, which shall constitute an Association of Law Enforcement Officers and support civilian personnel. The name of the Association shall be synonymous with both male and female members and does not suggest otherwise.

ARTICLE II – OBJECTIVES

            The objectives of this Association shall be to advance the professional, educational, economic, and social welfare of its members, to improve the fraternity of its members; and to achieve those and all other purposes and objectives through legislation, litigation, and other appropriate and lawful means beneficial to the collective membership.

ARTICLE III – MEMBERSHIP

            Section I – Candidates for membership shall be admitted to the membership subject to and in accordance with any membership requirements of this Association, those currently being a completed application form and one month dues in advance.

            Section II – There shall be four (4) classes of membership in the Association.

A.                 Regular Membership shall mean those members in good standing and regularly employed as Law Enforcement

Officers, the rank of Lieutenant or below by the Suffolk, Virginia Police Department and currently employed civilian personnel.  Regular membership is also to include those members of the Suffolk Police Auxiliary organization who are trained, certified and sworn.  Members that hold the rank of Lieutenant or Auxiliary status will have the right to voice their opinions and vote in all decisions, but shall not be able to run or hold any position on the Executive Board. All regular members of this Association shall be required to become a registered voter of the Commonwealth of Virginia within sixty (60) days of application for membership.

1)                  Employees that are eligible for membership, but still on a probationary status may join the Association.  Due

process rights that can be guaranteed are limited for such personnel. All Association benefits that can be extended to probationary employees will be available. The only restrictions on such benefits are outlined in the City of Suffolk Policy and Suffolk Police Department Policies and Procedures. The local association will not add any new restrictions.

B.                 Sustaining Membership shall include previous regular members of the Suffolk Police Officers Association who are no longer employed with the Suffolk Police Department. Sustaining members are not eligible to fill elected Board positions, but may fill appointed positions within the Association. These members will be eligible for all Association benefits with the exception of Union counsel.

C.                 Retired Membership shall mean those members in good standing who retire at the rank of Lieutenant or below from the Suffolk Police Department and retired civilian personnel.  Retired members shall have certain privileges within the Association, including the right to vote for officers of the Association, and shall be eligible for certain benefits as designated from time-to-time by a majority vote of the Regular Membership.

D.                 Honorary Membership shall be extended to those individuals selected by the Executive Board and prior active members in good standing.  Each honorary member is subject to majority vote of the Executive Board. Honorary membership involves not being able to vote in any elections or hold any board positions.

Membership of Good Standing refers to a member who is current with financial obligations, votes at all elections, and fulfills any committee obligations as needed.

ARTICLE IV- DUES

            Section I – All Regular Members, Sustaining Members, Retired Members, and Honorary members of this Association shall be required to pay dues as designated by a majority vote of a membership meeting. The amount of dues may be adjusted from time-to-time by a majority vote during a membership meeting with thirty (30) days advance notice.

            Section II – Monthly dues for Regular Members are set at twenty (20) dollar per month. Dues for Sustaining Members are set at ten (10) dollars per month. Dues for Retired and Honorary Members are set at twenty (20) dollars per year. Monthly dues will be submitted to the Association by the fifteenth of the month. Yearly dues will be submitted to the Association by January 15^th.

            Section III – Any member who is more than two (2) months in arrears in the payment of dues shall be deemed suspended and shall forfeit all rights and privileges of the Association unless all dues in arrears are paid, except where dues are waived by the Executive Board. Once a member is two (2) months in arrears of membership dues, a letter of suspension will be sent. In order to maintain membership in good standing, dues must be paid to date within fifteen (15) days or membership will be cancelled. After a member has had two (2) suspension letters, the member will be required to either pay a full year of dues in advance or sign up for account deduction in order to maintain good standing.

            Section IV – Dues of all members suspended without pay or terminated with appeal pending from the Suffolk Police Department for one (1) month or more shall be waived for the period of suspension or termination. The member must notify a Board Member of intent in writing to exercise his/her right to the grievance process or legal litigation within fifteen (15) days of the action taken.

            Section V – The Executive Board may waive payment of dues of a member who is ill, disabled, or other emergency for a period exceeding thirty (30) days as approved by the Executive Board.

ARTICLE V – LEGAL REPRESENTATION

            Section I – The Association counsel will represent all members in legal matters, including but not limited to: work-related matters, employee grievances, disciplinary actions, Internal Affairs investigations and related charges, and issues arising from misapplication of rules, regulations, policies, procedures and practices of the Suffolk Police Department including safety issues.

            Section II – There may be occasions where Internal Affairs investigations or other circumstances cause multiple Association members to seek the advice of Association counsel upon those matters. Individuals consulting with counsel and providing factual statements as any witness would, may not create a conflict. However, where there are circumstances where multiple members become the subject of charges and are ultimately disciplined, counsel will ascertain by consulting with members involved and by consulting the Virginia State Bar, whether or not a true conflict exists.

A.                 In the event that a conflict between members does not exist, or with full

disclosure of any potential conflict, the member agrees to allow the Association 

counsel to represent him/her, then counsel may proceed to represent the various members.

B.         If any member who seeks counsel is advised that there is no conflict, and that full, fair and independent representation will not be compromised by advice of Association counsel, but the member persists in not desiring the services of Association counsel, than at the member’s own expense outside counsel may be procured.

C.        It will be the responsibility of the Association counsel pursuant to ethical and legal responsibilities to ensure that full, fair and independent representation of every member takes place. However, the Association will not be responsible for the payment of legal fees for any member who refuses the services of Association counsel when there is in fact no conflict, which would prevent independent legal advice and representation of counsel.

            Section III – Criminal matters – If any member is charged with a criminal offense that does not arise from the scope of employment of the member as a Suffolk Police Officer (including departmentally approved off-duty employment). Association counsel will not be provided free of charge. Such representation, if desired by the member, shall be at the member’s own expense.

            Section IV – If Association counsel determines the necessity of obtaining additional professional services to facilitate representation, prior unanimous approval of the Executive Board shall be obtained before such services are contracted.

            Section V – For the purpose of using Association counsel, involvement in litigation, and Association benefits, a member must be in good standing. Any job related incident or disciplinary action incurred prior to membership would not be covered by the Association. A member must be in good standing for sixty (60) consecutive days after any period of lapsed membership in order to receive the benefit of Association counsel. Exceptions can be made at the discretion of the Executive Board or Association counsel.

ARTICLE VI – AUTHORITY FOR NEWS RELEASE

            No member of this Association shall make any statements to the news media concerning the Association and any policies of it without designation from the Executive Board except for Executive Board members.

ARTICLE VII – STRUCTURE OF THE ASSOCIATION

            The officers of the Association shall be President, two Vice Presidents, Secretary/Treasurer, Sergeant-At-Arms, and Administrative Assistant. In order to hold office, a member must meet the qualifications for the membership as designate in Article III, Section II A of this constitution and By-Laws.  All executive Board members are voting members of the Board of Directors.  If circumstances deem it necessary the composition of the Board can be altered with a unanimous vote of the current Board members.

ARTICLE VIII-DUTIES AND POWERS OF OFFICERS

            Section I – President shall be the Chief Executive Officer of the Association and shall preside at meetings of the Association and the Executive Board, may create and appoint committees, and see that committees communicate to the Association such matters and make suggestions as may promote the purposes of the Association or improve its welfare, shall perform such duties which are necessarily incident to the office, shall enforce all laws of the Association or the Executive Board by giving five (5) days notice.

            Section II – Vice President shall assist the President in the discharge of duties.  In the President’s absence, a Vice President shall act in place of the President.  The Vice President shall keep and file all documents, records and communications connected with the business of the Association.

            Section III – Secretary shall keep a record of the proceedings of the Association; the attendance at meetings; and all matters of which a record may be deemed advisable; and shall keep and file all documents, records and communications connected with the business of the Association.

            Section IV – Treasurer shall keep a record of al financial transactions and be responsible to the President for all monetary matters pertaining to the Association, shall countersign all checks drawn against the funds of the Association, and shall perform other appropriate duties as assigned by the President.  At the expiration of the term of office, the Treasurer shall turn over all monies, records and documents to the successor to the office.  The Treasurer shall initiate an audit annually and at any other time as may be requested by the board. 

            Section V – Sergeant-At-Arm shall keep order at meetings, functions or events  where it is necessary for order to be maintained. The Sergeant-At-Arms shall also perform appropriate duties as deemed necessary by the Executive Board.

            Section VI – Administrative Assistant shall be appointed by the President with a majority vote of the board concurring.  The Administrative Assistant shall perform appropriate duties as deemed necessary by the Executive Board.

            Section VII – The Chairperson of each committee will be appointed by the President.

            Section VIII – The Executive Board shall exercise general supervision and control over business, and  property of the Association.

            Section IX – The President and Treasurer of the Association, if deemed necessary, shall be bonded at the expense of the Association as required by law.

            Section X – The Executive Board shall have the authority to spend up to three hundred dollars ($300.00) from the treasury for Association purposes without a general body vote.

ARTICLE IX – TERMS OF OFFICERS

            Section I – The President, Vice President(s), Secretary, Treasurer, Sergeant-At-Arms and Administrative Assistant shall hold office for a two (2) year period.  There shall be no restrictions on the number of terms that may be held.

            Section II – In the event of a vacancy in the office of President, a Vice President shall assume the office of President until the next election.  In the event of a vacancy in any of the other offices of the Executive Board, the Board shall appoint a member to fill the vacancy until the next election or hold a special election.

ARTICLE X – VOTING PROCEDURES

            Section I – All issues, except amendment and by-laws to be voted upon shall be conducted by a majority vote.  Elections of officers may be done by an absentee ballot if the member cannot attend the meeting.

            Section II – Issues brought forth to the general body that is of a sensitive or controversial nature may be conducted by secret ballot to prevent any members from being subjected to intimidation or disparagement.  The executive Board will determine whether secret ballot voting shall be used.

ARTICLE XI – CONDUCT OF MEMBERS

            Section I – Any member of the Executive Board may be brought up for a motion of impeachment by a majority vote of the members of the Board.  Two-thirds (2/3) majority vote of the members shall be required to impeach.  Conditions set forth in Article IX Section II apply to any impeachment of an officer.  The impeachment process shall be done at a special or regular meeting.

            Section II – The following shall constitute misconduct by a member and will place the member’s standing in jeopardy.

A.                 Actions by the member with the intent of inciting division among

the membership.

B.                 Actions by the member that would be detrimental to the overall

image of the Association.

C.                 “Providing any confidential communications by and between any association member(s) to any person or entity without prior written or oral approval of the Board by majority vote- this would include unauthorized publication to any newspaper or any person or entity of any business of the Association deemed and marked “confidential” by any member or representative of the Association regardless of whether such business is communicated electronically or in any form.

It shall be presumed for purposes of this article that such unauthorized dissemination by any member of the Association was with the intent to harm the Association for purposes of the disposition of any such members standing in the Association or any other sanction deemed lawful and appropriate by the Board and the Membership after due consideration.

“ It shall be the policy of the Association to at all times encourage the free discussion of ideas and principles to further the stated objectives of the Association, however by doing so the Association does not waive its right to protect its confidential business from unauthorized disclosure or to allow it’s members to engage in actions contrary to the objectives of the Association without the authority of the Board and/or the membership as provided by law or to otherwise have the right to designate who has the authority to speak for the Association on matters of the Associations business.”

Nothing herein should be construed to prevent any member from speaking publicly on matters of public concern subject to any Policy and Procedures governing the conduct of any Suffolk Police Department personnel regarding such speech.

            Section III – If a member is found to be in violation of the specifications of section II, two-thirds (2/3) vote of the general membership can rescind the person’s Association membership.

            Section IV – Any member charged with misconduct as defined in Article XI of the Constitution and By-laws shall be served with written specific charges and given reasonable time to prepare his/her defense and a hearing/meeting with the Executive Board will be arranged to discuss the charges.

ARTICLE XII – MEETINGS

Section I – There shall be a minimum of one regular meeting of the membership each quarter.  Additional meetings may be called at the discretion of the President or on a call signed by the majority of the members of the Executive Board with five (5) days notice.

Section II – No less than five (5) calendar days shall be given to the members of any regular meeting, provided, however, that the President may in emergency situations waive notice requirements as set forth in Section I.

Section III – A quorum for a meeting shall consist of at least two (2) Executive Board members and ten (10) percent of the membership.  No decision shall be made without agreement form a quorum.

ARTICLE XIII – NOMINATIONS AND ELECTIONS

Section I – Any member in good standing for a consecutive period of six (6) months, shall be eligible for nomination and election for office as one of the officers of the Association, however, no member shall be allowed to be a candidate for more than one (1) elected office in an election.

Section II – Nomination of officers shall be made at a nominating meeting at the regularly held meeting in November.

Section III – Election of officers shall be in December.

Section IV – Elections shall be conducted at the membership meeting pursuant

to Parliamentary Procedures as stated in Robert’s Rules of Order.

Section V – Newly elected officers shall take office January 2^nd of the next year.

Section VI – Upon adoption of this Constitution, officers currently serving on the Executive Board will continue in their respective positions until elections are held.

ARTICLE XIV – AMENDMENTS

            This Constitution shall take affect upon adoption by a majority vote of the members at a special meeting called for the purpose of acting upon the Constitution.  Thereafter this Constitution may be amended at a regular or special meeting by a majority vote of those attending the meeting, provided that the proposed change was published with adequate and proper notice given to members prior to the meeting at which this amendment is to acted upon.  A written copy of the proposed amendment shall be furnished to every eligible voter at the meeting at which the vote is taken.

ARTICLE XV – BY-LAWS

            Section I – The Association shall adopt or amend By-Laws as needed.

            Section II – Proposals for amendments of the By-Laws shall be made (1) by unanimous decision of the Executive Board, (2) by submission of the written proposals with the endorsement of one (1) percent of the active members in good standing to include the Executive Board.   A quorum of the membership is required for passage.  A quorum is defined in Robert’s Rules of Order.

            Section III – In the event of a change of an emergency nature, a unanimous vote by the Executive Board can affect a change.

            Section IV – Any situation not covered by this Constitution and By-Laws will be decided by either Robert’s Rules of Order or the Constitution of the International Union of Police Association, whichever is applicable.

Revised March 3, 2005