P.C.E.A. (PCEA SEAL) BY- LAWS TABLE OF CONTENTS ARTICLE I / BOARD OF OFFICERS 5 Section 1 – Organization Name 5 Section 2 – Board of Directors 5 Section 3 – Executive Board 6 Section 4 – Officers 6 Section 5 – President 6 Section 6 – Vice President 7 Section 7 – Secretary 7 Section 8 – Treasurer 7 Section 9 – Shop Stewards 8 Section 10 – Sergeant-At-Arms 8 Section 11 – Historian 8 Section 12 – Legal Counsel 8 ARTICLE II / COMMITTEES 9 Section 1 – Standing Committees 9 A – Auditing 9 B – By-Laws 9 C – Sick, Welfare and Remembrance 9 D – Negotiating 10 E – Grievance 10 F – Election 10 __________________________________________________Table of Contents G – Awards 10 H – Legislative 11 I – Community Service 11 ARTICLE III / MEMBERSHIP 11 Section 1 – Open Membership 11 Section 2 – Membership Cards 11 Section 3 – Member in Good Standing 12 Section 4 – Dues 12 ARTICLE IV /MEETINGS AND PROCEDURES 12 Section 1 – Board 12 Section 2 – General Membership 12 Section 3 – Special 12 Section 4 – Quorum 13 Section 5 – Order of Business 13 Section 6 – Parliamentary Procedure 13 ARTICLE V / NOMINATIONS AND ELECTIONS 14 Section 1 – Nominating Meeting 14 Section 2 – Elections 14 Section 3 – Installation Meeting 15 Section 4 – Election Challenge 15 ARTICLE VI – EXPENDITURES 15 Section 1 – Fiscal Year 15 Section 2 – Expenditures 15 ARTICLE VII – DISCIPLINE 16 Section 1 – Dismissal for Cause 16 Section 2 – Written Charges 16 Section 3 – Notifying Accused 17 Section 4 – Trial Committee 17 ARTICLE VIII – CONTRACT RATIFICATION 18 Section 1 – Notice 18 ARTICLE IX – AMENDMENTS 19
BY – LAWS PRINCE GEORGE’S COUNTY POLICE CIVILIAN EMPLOYEES’ ASSOCIATION (REVISED APRIL 19, 2006) ARTICLE I – BOARD AND OFFICERS Section 1 – Name
This organization shall be known as the Prince George’s County Civilian Employees Association “PCEA”.
Section 2 – Board of Directors
The business and property of the Association, except as otherwise provided by statute, Charter, or these By-Laws, shall be conducted and managed by a Board of Directors, hereinafter referred to as the “Board”. The Board shall consist of the officer members, who are the President, Vice President, Secretary, Treasurer, Sergeant at Arms, Parliamentarian, and Historian, as well as one or more Shop Stewards (depending upon the number of duty stations as such location), elected from each physical location (a) of the Prince George’s County Police Department containing employees represented by the PCEA, (b) of the Vehicle Audit Unit of the Department of Environmental Resources, containing employees represented by the PCEA, (c) of the Office of Homeland Security, containing employees represented by the PCEA and (d) All units in the PCEA which was certified by the Prince George’s County Public Employee’s Relations Board. The Immediate Past President shall also be a member of the Board.
Actions of the Board may be ratified by a majority vote of the membership present at any Board Meeting or Special Meeting at or subsequent to the action taken by the Board, except that certain expenditures, as described in Article VI, shall require approval in advance by the general membership. Section 3 – Executive Board
A. Within the Board of Directors, the President, Vice President, Secretary, Treasurer and Past President shall constitute the Executive Board.
B. When a vacancy occurs on the Executive Board, the remaining members of the Executive Board, by majority vote shall fill such vacancy until a Special Election can be held.
C. Notice to members of a Special Board meeting for the purpose of nominating members to serve in the office which has been temporarily filled by the Executive Board, shall be given within 10 days of the occurrence of the original vacancy. The Special Board meeting shall be held within 10 days of the date of notice of such Special Board meeting is given. Nominees must be a member in good standing for at least 6 months prior to the Special Board meeting and have attended at least 2 General Meetings within the two year period to the Special Board meeting. The President shall appoint an Election committee composed of two or more members neither of whom can be nominated for a vacancy.
Section 4 – Officers
The Officers of the Association shall be the President, Vice President, Secretary, Treasurer, Shop Stewards, Sergeant – at – Arms, Historian and Parliamentarian. All Officers shall be voting members of the Board. Each Officer shall service and continue in office until his/her successor is installed. All officers and employees of the PCEA who handle funds or property of the PCEA shall be bonded in such amounts as may be required by the Board, and consistent with applicable law.
Section 5 – President
The President shall preside at all meetings of the Board and the Association, and shall preserve law and order in the meeting room as Chief Executive Officer of the Association. The President shall supervise all affairs and activities of the Association; sign all checks or orders drawn and signed by the Treasurer; shall sign, in the name of the Association, all deeds, mortgages, bonds, contracts or other legal documents; shall, with the Vice President, appoint the Audit Committee; and shall also appoint all committees chairperson.
Section 6 – Vice President
The Vice President, in the absence of the President, shall perform all of the duties required of the President. The Vice President and the President shall appoint the Audit Committee.
Section 7 – Secretary
The Secretary shall keep a full, true and correct record of the proceedings of all meetings of the Association in a book provided for that purpose, circulate a sign-in sheet and notify the members of all Special Meetings called. He/She shall be the Custodian of the Corporate Seal of the Association and, when directed, he/she shall affix the seal to all legal documents.
He/She shall answer all communications addressed to the Association, as directed by the President, preserve all papers and records relating to his/her office, and, when so required by the Association, deliver all books and papers and all other property in her/her possession belonging to the Association to his/her successor in office. He/She may be paid such expenses as may be fixed by the Association.
Section 8 – Treasurer
The Treasurer shall receive all funds due the Association. He/She shall keep an Association Membership Roll showing the date of admission and age. He/She shall keep a correct account between the Association and its members. He/She shall, at each meeting, and at other times as required by the Board, make a financial report on the Association. He/She shall keep his books, accounts, and papers at all times ready for inspection by the Auditing Committee. He/She shall issue all checks and orders drawn on the Association, upon obtaining the President’s signature. He/She shall keep a correct account of all monies received by him/her and have the account ready for audit and settlement at the close of each Association fiscal year. He/She shall at the expiration of his/her term, or when directed by the Association, deliver to his/her successor, or to a committee of the Association, all monies, books, papers, and vouchers, as well as all other property of the Association in his/her possession. He/She shall receive such reimbursement for expenses as may be provided by the Association. Before entering upon his/her duties, he/she must be bonded by the Association in such amounts as the Board may direct.
Section 9 – Shop Stewards
Each elected Shop Steward may appoint an alternate of his choosing from his/her shop to represent him/her at all Board or Special Meetings when the elected Shop Steward is unable to attend due to duty or illness. Such alternate will be eligible to vote. When a permanent Shop Steward vacancy occurs, or if any Shop Steward has an unexcused absence of two (2) or more consecutive Board Meetings, he/she may be replaced by the President for the remainder of his/her term, with the approval of the board.
Section 10 – Sergeant at Arms
The Sergeant at Arms shall maintain order in the meeting room and shall follow any lawful legal orders or commands the President shall issue.
Section 11 – Parliamentarian
The Parliamentarian’s duties shall be to construe the written word, actions or proposed actions of the Officers and Members of the Association. His/Her decision shall be controlling, but it may be over-ridden by a two-thirds vote of the Association Members present. He/She shall serve as chairperson of the Legislative Committee.
Section 12 – Historian
The Historian shall maintain a written and photographic record of all historical events of the Association.
Section 13 – Legal Counsel
The Legal Counsel of the Association shall be an Attorney-at-Law who is licensed to practice in Prince George’s County, Maryland. He/She shall, by virtue of his position as Legal Counsel, be an ex-officio member of the Board and may attend all meetings of the Association, at his discretion. When Legal Counsel attends a meeting at the Association’s request, he/she shall be fully compensated. If Legal Counsel chooses to attend a Board or General Membership meeting, at his/her own discretion, there will be no compensation.
ARTICLE II – COMMITTEES
There shall be two classes of Committees – Standing and Special. The Standing Committees of the PCEA are as follows: Auditing Committee; By-Laws Committee; Sick, Welfare and Remembrance Committee; Legislative Committee, Negotiations Committee; Grievance Committee; Awards Committee; Community Service Committee and Election Committee. Committee members shall remain in place until their successors are appointed. Special Committee shall remain in force until its function has been discharged, or until the end of the current Board. The President shall appoint each Committee Chairperson upon accession to office unless otherwise provided for in theses by-laws. Special Committee (s) may be appointed from time to time by order of the President or by the order of the Association. A member may be excused from serving on more than one committee. Except if otherwise proved below, the Committee Chairperson shall solicit volunteers for his/her committee.
Section 1 – Standing Committees
A) AUDITING COMMITTEE:
The President and Vice President shall appoint the Auditing Committee at the first meeting in July. Said committee is to serve from the first meeting in July to the first meeting in July of the following year, at which time the President and Vice President shall appoint a new Auditing Committee. Not Auditing Committee can succeed itself or member.
B) BY-LAWS COMMITTEE:
The By-Laws Committee shall be in charge of reviewing, promulgating, and distributing the By-Laws and Amendments to the By-Laws of the Association. The By-Laws Committee shall consist of not less than four 3 members, plus President and Vice President, and shall meet the month prior to the General Meeting.
C) SICK, WELFARE AND REMEMBRANCE COMMITTEE
The Sick, Welfare and Remembrance Committee is in charge of investigations of the ill and distressed state of Association members, and making the appropriate recommendations to the Board to remedy or ease the unfortunate state of said member. This Committee’s Chairperson will have the authority to purchase flowers, fruit, etc., in the amounts established by the Board.
D) NEGOTIATING COMMITTEE:
The Negotiating Committee shall, act as the Negotiator for the PCEA, in the Unit for which it was certified by the Prince George’s County Public Employee Relations Board, as outlined in this Article, Sub-Sections F1, F2, and F3. The Negotiating Committee shall consist of seven (7) members; the President, Vice President, one (1) Association member in good standing appointed by the President, one (1) Association member in good standing appointed by the Vice President, and one (1) Association member in good standing appointed by majority vote of the Board. Two alternate members in good standing shall be appointed by majority vote of the board.
1) The Negotiating Committee shall be responsible for submitting the proposal for the P.C.E.A.’s new contractual agreement. This proposal will be a composite of suggestions and ideas offered by the complete Association Membership through either its General Meetings, Special Meetings, or written suggestions by Association Members.
2) The Negotiation Committee shall attend all scheduled negotiations between the Prince George’s County Government and the Association.
E) GRIEVANCE COMMITTEE:
The duties of the Grievance Committee are to assist Shop Stewards and/or Members with grievances, and to represent Members after a grievance reaches the second stage. The Grievance Committee shall consist of not less than four (4) members plus the President and Vice President. The Committee shall meet according to demands of grievances.
F) ELECTION COMMITTEE:
The Election Committee (appointed jointly by the President and the Vice President) shall establish procedures for all election. This committee shall have not less than 6 members with one alternate.
G) AWARDS COMMITTEE:
The Awards Committee shall be responsible for the development of a yearly criteria and the yearly implementation of the Civilian Employee of the Year Program. The Committee shall consist of not less than two (2) members, excluding the President and Vice President. The Committee will meet as often as determined by the Committee criteria.
H) LEGISLATIVE COMMITTEE:
The Legislative Committee shall be responsible for promulgating, researching, lobbying and presenting any legislation of interest and/or benefit to the Association and Membership (excluding the Collective Bargaining Agreement, Negotiations, and Contract Presentation), as well as any actions as directed by the President, and approved by the Board, in accordance with established guidelines. The Committee shall consist of not less than three (3) members, plus the President and Vice President. The Committee will meet as often as needed according to demands determined by the President or Committee Chairperson, who is the Parliamentarian.
I) COMMUNITY SERVICES COMMITTEE:
It shall be the responsibility of the Community Services Committee to identify specific needs within the community at large. Once needs are identified, and with the approval of the Board, the Community Services Committee shall organize efforts to attempt to alleviate conditions and/or provide necessary assistance. The Committee shall consist of not less than three (3) members and shall meet on an as needed basis.
ARTICLE III – MEMBERSHIP
Section 1 – Open Membership
Race, sex, creed, national origin or disability shall be no bar to membership, but membership shall be restricted solely to employees of the Prince George’s County Police Department, employees in the Vehicle Audit Unit of the Department of Environmental Resources, employees of the Office of Homeland Security who the PCEA is certified to represent for purposes of collective bargaining, and employees in the Unit for which it was certified by the Prince George’s County Public Employee Relations Board.
Section 2 – Membership Cards
A membership card shall be issued by the Treasurer to each dues paying member of the Association.
Section 3 – Member in Good Standing
A Member in Good Standing is any member whose dues are current.
Section 4 – Dues
Dues for each member of the Association shall be $10.00 per pay period and shall be deducted by the employer upon receipt of an Authorization Card for such deductions signed by the employee. Payment of dues is a prerequisite to active membership in good standing.
ARTICLE IV – MEETING AND PROCEDURES
Section 1 – Board Meetings
The Board Shall meet at such times and places as determined by the President, with the consent of a majority vote of the Board. They shall meet at least once a month.
Section 2 – General Membership Meetings
The regular meetings of the Association shall be held quarterly at such times and places as the Board may designate. Seven (7) days written notification shall be given to the membership by the Secretary.
Section 3 – Special Meetings
Special Meetings of the Association shall be called by the President, or upon presentation to the President of a written request signed by three (3) members of the Board or a Committee stating the reason for calling the Special Meeting. The business at the Special Meeting shall be limited to the subject matter set out in the notice notifying members of the reason for the special meeting. Members must receive at least seven (7) days written notice of the Special Meeting. Any votes required on an issue shall be held three (3) days subsequent to the Special Meeting.
Section 4 – Quorum
A quorum for the order of business at any Board Meeting shall consist of a simple majority of the Board Members. A quorum consists of 8 Board Members.
Section 5 – Order of Business
The Order of Business at regular meetings shall be as follows:
- Call meeting to order and establish a Quorum
- Circulate a sign in roster
- Presentation of the Minutes of the previous meeting
- Presentation of Treasurer’s Report
- Reports of Committees
- Unfinished business
- New business
- Debate of the Good of the Association
- Adjournment
- Nomination of Officers and Shop Stewards (when appropriate)
- Installation of Officers and Shop Stewards (when appropriate)
Section 6 – Parliamentary Procedure
The parliamentary practice contained in Robert’s Rules of Order, as revised, shall govern the Association in all cases which said rules are applicable and in which said rules are not inconsistent with the Articles of Incorporation, the Charter and By-Laws of the P.C.E.A.
ARTICLE V – NOMINATIONS AND ELECTIONS Section 1 – Nominating Meeting
Nominations for Officers and Shop Stewards shall be held at the Board Meeting in March of each even year. This may be delayed with the approval of the Board for no more than thirty (30) days for the initial nominations of this Association.
In order to qualify for nomination to an elected position within the Association, the person so nominated must have been a member in good standing for at least one year prior to the nominations and have attended at least four (4) General meetings in the two (2) year period prior to nominations. Said member shall be present at the Nomination meeting, or have signed a written acceptance of said nomination. This written acceptance must be submitted at the time that the nomination is made by the person making said nomination.
Section 2 – Elections
Elections shall be held in May of each even year in accordance with procedures established by the Election Committee.
Absentee Ballots - A member who is unable to appear in person to vote at any regular election, special election or special meeting held for the purpose of voting, may request in person or in writing from the Chief Election Judge an absentee ballot. The ballot may NOT be requested more than 2 weeks in advance of election/vote, unless unusual circumstances occur. This ballot must be post marked before the day of the election/vote and returned to the Association’s official mailing address by certified US Mail, no later than 4:00pm the day after the election. Each ballot must be printed on original Association letterhead. The Chief Election Judge will remove the names of all members issued absentee ballots from the master voter list. All returned, unopened ballots will be placed in a locked ballot box upon receipt and given to the Chief Election Judge on Election Day.
Section 3 – Installation Meeting
The Newly elected Officers and Shop Stewards shall be installed and assume their respective offices at the end of the Board Meeting in June of each even year. The retiring or incumbent President shall install the newly elected Officers.
Section 4 – Election Challenge
Any election challenge must be made to the Election Committee within 5 days of the certification of the election results by the Election Committee. The Election Committee shall rule on any such challenge.
ARTICLE VI – EXPENDITURES Section 1 – Fiscal Year
The fiscal year of the Association shall be from the first day of July to the 30th day of the following June.
Section 2 – Expenditures
A. At the beginning of each fiscal year, an Operating Budget shall be proposed by the Executive Board and presented to the Board for approval. The effective date for implementation of this Sub-Section is Fiscal Year 2004.
B. The President shall be authorized to expend up to $500 per month for the PCEA business without advance approval of the Board. The President shall, however, report all such expenditures to the Board on a monthly basis. The board is authorized to approve an additional $500 per month in expenditures for PCEA business. The Board shall, however, report all PCEA expenditures at the regular scheduled general membership meetings.
C. All requests for the expenditure of funds outside of the Operating Budget shall be presented to the Board through the proper Officers or Committee(s). In the event of a justifiable emergency, the Executive Board may authorize, by majority, the disbursement of additional funds, not to exceed $500 between Board Meetings and their actions shall then be reported to the Board at the following Board Meeting.
D. Except as provided in paragraph C above, any expenditure in the excess of $100 must be presented to the General Membership for approval, after the approval by the Board, with the exception of legal fees.
E. A mileage allowance for the President is to be paid on a monthly basis at the prevailing rate as determined by the Internal Revenue Service
F. A stipend will be given to the President and 2nd person designated to work full time fro the PCEA office in the amount of $250 a month n addition to item #E above (effective July 2004) and shall increase by $25 a month each election year.
ARTICLE VII – DISCIPLINE
Section 1 – Dismissal for Cause
Charges may be entertained against any Elected or Appointed Officer who violates any of the laws, regulations, and/or policies of the Association; to include:
A) Improper conduct or conduct unbecoming a member of the PCEA neglect of duty or breach of trust in the performance of any duty as an Officer of this association.
B) Perpetration of any fraud or embezzlement against the Association.
C) Exploiting the general public for personal gain.
D) Sexual Harassment
E) Demeaning Language
F) Racial Slurs
Section 2 – Written Charges
Charges against any Elected or Appointed Officer may be preferred by a Member of this Association, and shall be preferred by the Secretary when ordered to do so by the Parliamentary. Charles must be certain, definite, and in writing. The specifications of the charges shall be set forth with reasonable particularity of the act or acts committed by the accused which are a violation of the laws, regulations, and/or policies of this Association. The charges must be produced in triplicate and signed by the accuser in the presence of two witnesses. All copies will be forwarded to the Parliamentary, and distributed as follows:
1) Accused
2) Accuser
3) President
Section 3 – Notifying Accused
A copy of the charges shall be served upon the Accused at least ten (10) days before the Trial Committee Meeting at which they shall be presented. The Secretary shall immediately send to the Accused, by registered mail (return receipt requested), the notice of the date, time and place of the meeting.
In the event of the Accused refusal of acceptance of the notice, the notice shall be served at the work site. The Accused shall have the right to a continuance by giving written notice to the Secretary within the first working tour of duty from receipt of the notice.
Section 4 – Trial Committee
The Trial Committee shall be elected by the Board members, The President shall have the right to review all pertinent documentation and shall appoint the Judge of the Trail Committee; either the Grievance committee Chairperson or Parliamentarian. The Committee shall consist of a total of five (5) members; one appointed by the Accused, one appointed by the Vice President, and two selected from the General Membership Pool.
In the event that charges are brought against the President or Vice President of this Association, the Secretary will assume the responsibilities aw outlined in the paragraph above for Vice President.
The Trial Committee shall keep a full, true, correct and accurate record of the proceedings had before it. Such record shall be kept confidential until a final decision is rendered. The record must show:
A) The date, time, and place of each meeting
B) The names of the committee members and of all parties persistent.
C) The charges and specifications, and the answers thereto.
D) All points raised and the decisions made thereon.
E) The exceptions or objections taken or made by either party
F) Parole evidence (questions and answers in full); such questions and answers shall be subscribed to by the witness(es).
G) All documentary evidence presented.
H) Decisions of the Committee upon each specification of charges
I) Charges referred to the Committee cannot be amended by the Accuser by introducing new specifications not contained in the original charges. Supplemental charges may be proffered by the Association and referred to the Committee.
J) The Committee shall verbally notify the Accused of the decision at the conclusion of the proceeding, and reaffirm their decision in writing within five (5) working days.
The decision rendered by the Trail Committee shall determine penalty, duration, and eligibility for holding office.
ARTICLE VIII – CONTRACT RATIFICATION
Section 1 – Notice
A) Upon reaching a settlement, the President shall, within a reasonable period of time, call at least two Special Meetings of the Association for the purpose of describing the contact settlement to the members. The Notice informing members of the meetings shall describe the purpose of said meeting.
B) Contract ratification voting shall occur by secret ballot, open to all members of the PCEA in the bargaining unit covered by the contract. Members may vote at only one meeting and will have to produce photo ID and sign an attendance sheet.
C) The ratification vote shall be conducted by members of the Election Committee. The contract shall stand approved if a majority of members voting approve the contact.
D) Any challenge to the ratification vote must be made to the Election Committee within 3 days of the ratification vote. Any such challenge will be ruled on by the Election Committee.
ARTICLE IX – AMENDMENTS
A) No alterations or amendments to these By-Laws shall be made unless the proposed alterations or amendments are submitted in writing to the Board, signed by not less than three (3) members in good standing.
B) The Board shall present the proposed amendment no later than the next regularly scheduled general membership meeting. No amendment shall be passed at the same meeting at which it is introduced. The proposed amendment shall be read at one general membership meeting and noted up at the next general membership meeting. The general membership meeting(s) may be special meetings(s) called by the President as described in Article IV, Section 3. The amendment shall be passed if a majority of members in good standing present at the second of such meetings vote in favor of said amendment.
C) Changes of the By-Laws that are so extensive and general that they are scattered throughout the By-Laws should be effected through the substitution of an entirely new set of By-Laws, called a Revision. This Revision shall be submitted by the By-Laws Committee. If a majority of the Board Members present at said meeting vote in favor of adoption, the alterations or amendments shall be presented to the General Membership in accordance with the procedures described in subsection B above.
Insert copy of the Signature page
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