By-Laws

BY-LAWS
DOUGLAS COUNTY LAW ENFORCEMENT ASSOCIATION
ROSEBURG, OREGON

TABLE OF CONTENTS

ARTICLE 1 - NAME 

The name of the organization shall be the DOUGLAS COUNTY LAW ENFORCEMENT ASSOCIATION (and shall be referred to throughout these By-Laws as the Association). 

ARTICLE 2 - OBJECT

The object of the ASSOCIATION is to improve the employment relations for the betterment of its members with County of Douglas; to deal with the County concerning grievances, labor disputes, wages, rates of pay, hours of employment and conditions of work; contract administration; to provide formal collective bargaining representation for its members; and conduct other affairs of the ASSOCIATION as designated by its members.  State of Oregon.

ARTICLE 3 - ELIGIBILITY FOR MEMBERSHIP IN THE ASSOCIATION

Jurisdiction shall be determined by the Employment Relations Board.  All persons employed by the County and who are in the Association's bargaining unit are eligible for membership in the Association.

ARTICLE 4 - MEMBERSHIPP

With the exception of an individual who has a bona fide religious tenet which prohibits membership in such an organization, any person who is employed as a permanent employee with the jurisdiction of the Association shall become a member in good standing within thirty (30) days of becoming an employee, or shall make appropriate fair share payments to the Association in lieu of dues (fair share members).  All other persons engaged in service within the jurisdiction of the Association will be eligible for active membership. 

SECTION 2: HONORARY MEMBERSHIP FOR MERITORIOUS SERVICE TO THIS ASSOCIATION OR FOR DISTINGUISHED PUBLIC SERVICE.  Persons may be elected Honorary Members by a majority vote of the members of the Association by a vote at a regular or special meeting.  Honorary Members shall not pay dues or other charges and shall have no voice or vote in the Association.  Such membership may be revoked for cause. 

SECTION 3: RESPONSIBILITY OF MEMBERS.  This Association, its officers, representatives, and members shall recognize, observe and be bound by the provisions of these By-Laws and the Association's Labor Contract with Douglas County. 

SECTION 4: RIGHTS OF MEMBERS. Every member in good standing shall have the right to attend any Association general or Executive Board meeting and to participate in such meeting in accordance with the By-Laws of the Association. 

SECTION 5: DELINQUENT MEMBERS. Members who fail to pay their dues, assessments, or in-lieu-of-dues payments, within periods prescribed by the By-Laws, and the Labor Contract, or any other existing contract between the Association and any member(s) shall be notified by the Secretary or Treasurer of the Association 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 vote in the Association.  Fair-share members of the Association shall not be entitled to a voice or vote in the Association. 

  1. If a member of the bargaining unit refuses to join the Association, he or she will be assessed his or her fair share of the cost of negotiating and maintaining the collective bargaining agreement.  This amount will be determined by the Association's executive board after an independent auditor has examined the Association's detailed budget for the year.  The accounting must designate the amount of funds which are to be clearly used for ideological purposes, those which are clearly to be used for the cost of negotiating and maintaining the contract, and those which are not clearly in either category.  This accounting must also include all funds sent to state or national affiliates. 

    The Association will then inform the employer to deduct from non-members the amount equal to all funds not clearly to be used for ideological purposes.  The Association will then place in escrow the amount which is not clearly either for ideological purposes or for negotiating and maintaining the contract may be used immediately by the Association.  The amount in escrow can only be used after non-members have had an opportunity to register their objections by utilizing the appeal process described below. 

  2. All non-members shall be provided with a copy of the budget along with an explanation of the amount of dues to be deducted from their paychecks.  They will also be provided with a copy of the procedures described in this article whereby they may register their objections to the amount deducted. 

  3. Non-members will have thirty (30) days to join the Association after their date of employment or the effective date of the collective bargaining agreement, if they are currently an employee.  If they fail to join, the Association will instruct the employer to deduct their fair share of dues in accordance with the procedures outlined in section 1 of this article.

    A non-member will have fifteen (15) days from the date they receive the information described in section 2 of this article, to inform the Association in writing that they object to the amount being deducted from their wages, and the reasons for these objections.  Failure to inform the Association in a timely manner will be considered a waiver of the right to so object. 

    Upon receipt of this objection the Association executive board will review the objection and inform the member, in writing, within fifteen (15) days of its decision.  If the board agrees with the non-member, the dues will be adjusted accordingly.  If the board rejects the non-member's objection, then the non-member has ten (10) days in which to inform the board that he or she desires to have a dispute settled by arbitration. 

  4. Upon receipt of the request for arbitration, the Association will request as soon as possible, a list from the American Arbitration Association of the names of five arbitrators to be submitted to the Association and the non-member.  Within ten (10) days of the receipt of the list, the Association representative will meet with a non-member and each will alternatively strike names until a single arbitrator is left.  The Association will inform the arbitrator of his or her selection and schedule a hearing as soon as possible within the parameters of the parties' schedules.  The arbitrator will have thirty (30) days from the date of the hearing to render his or her decision.  The decision will be final and binding upon both parties.  The cost of the arbitrator will be born equally between the Association and the non-member. 

    If the arbitrator sustains the objection by the non-member, then the Association will refund to the non-member, the appropriate amount.  If the arbitrator rejects the objection and supports the Association, then the remainder of the non-member's dues deducted and in escrow may be withdrawn and used by the Association. 

SECTION 6: RETIRED MEMBERS Any member in good standing who retires from employment with the Department automatically becomes an Honorary Member of the Association as defined in Section II. 

  1. Any member in good standing who is on long-term disability and has not retired, retains his or her full membership status and has all the rights and benefits pertaining thereto with the exception that he or she is not required to pay dues to the Association as long as he or she is on disability status. 

SECTION 7: INACTIVE MEMBERS Any member in good standing who takes a leave of absence without pay from their employment with the Department for longer than thirty (30) days shall be placed on inactive status.  Such inactive members shall not be required to pay dues and shall have no vote in the business of the Association or be eligible to hold office while on inactive status.  All other membership rights shall remain in effect.  Upon the employee's return to paid employment status with the Department from such a leave, the member's active status shall be automatically reinstated. 

ARTICLE 5 - MEETINGS

SECTION 1: REGULAR MEETINGS. Regular meeting of this Association shall be held quarterly, at a day and time determined by a vote of the members present at any Annual, Regular or Special Meeting.  The place will be determined by the President and be posted, along with the time, on the Association bulletin board at least thirty (30) days in advance of the meeting. 

SECTION 2: ANNUAL MEETING. The meeting shall be held by the first Friday in June and at a time and place determined by the Association and announced at least one month in advance of the meeting.  The annual meeting shall be for the purpose of electing officers of the Association. 

SECTION 3: SPECIAL MEETINGS. Special Meetings may be called in three ways: 

  1. By a majority vote of the Executive Board.

  2. By an aggrieved member for the purpose of appeal to a decision by the Executive Board regarding any grievance filed by said member. 

  3. Four (4) members in good standing may petition the Executive Board to call a special meeting. 

  4. Any request for a special meeting under #2 or #3 above, shall be in writing and shall specifically state what business shall be included on the agenda and no other business shall be conducted at that meeting. 

    It shall be the responsibility of the Executive Board to notify, in writing, all members in good standing of the time and place of the meeting, and the agenda, at least forty-eight (48) hours prior to the meeting.  Special Meetings shall be limited to one meeting per specific item of business, as listed on the proposed agenda, between any two regularly scheduled meetings.  Proxy votes shall be allowed on business discussed at special meeting only to the extent that the advance notification meets the requirements set forth in Article VII, Section XI, Special Elections. 

SECTION 4: QUORUM. The quorum of any meeting of this Association shall be eleven (11) of the members in good standing. 

SECTION 5: RULES OF PROCEDURE. Unless otherwise stated within the By-Laws or Labor Contract of this Association, all meeting shall be governed by ROBERTS RULES OF ORDER. 

SECTION 6: DISSENT. A member who is present at any meeting of the Association at which action on any Association matter is taken shall be presumed to have assented to the holding of the meeting and action taken unless his or her dissent or objection shall be entered in the minutes of the meeting or unless he or she shall write his or her written dissent or objection to such action with the person acting as the Secretary of the meeting before the adjournment thereof, or shall forward such dissent by certified mail to the Secretary or Treasurer of the Association immediately after the adjournment of the meeting.  Such right of dissent shall not apply to member who voted in favor of such action. 

SECTION 7: EXECUTIVE SESSION. At any regularly called meeting of the Association the officers may by majority vote, elect to go into Executive Session excluding there from all members not designated in the motion from the Executive Session.  The purpose of the Executive Session shall be to achieve harmony among the officers as to Association business and direction. 

ARTICLE 6 - OFFICERS

SECTION 1: DESIGNATION. The officers of this Association shall consist of President, Vice-President, Secretary, and Treasurer, which together will constitute the Executive Board. 

SECTION 2: ELIGIBILITY FOR OFFICE. Any full member in good standing shall be eligible to be a candidate for any office in this Association except that candidates for the office of president must have served at least one term as a member of the Executive Board of this Association. 

SECTION 3: TERM OF OFFICE. Officers shall hold office for the term of the collective bargaining agreement between the Association and the County and until the election and installation of their successors, unless recalled from office as provided by these By-Laws.  There is no limit as to the number of terms a member can be elected into office. 

SECTION 4: RECALL FROM OFFICE. Officers of this Association can be recalled from office for the following reasons:  acts which would discredit the Association and prevent the Association from carrying out the best interests of its membership; or failure to remain full member in good standing in the Association.  A recall election may be initiated by a petition to the Executive Board signed by at least twenty-five (25) percent of the members in good standing in the Association.  Such a petition shall contain any allegations against any Officer(s) and any other justification for such recall election.  Recall elections shall be by secret written ballot according to the provisions of Article VII.  

SECTION 5: DUTIES. The Executive Board shall be responsible for the administration of the financial, policy, and other day-to-day matters affecting the Association. 

ARTICLE 7 - ELECTION OF OFFICERS

SECTION 1: METHOD OF NOMINATION The method of nominations for officer candidates are as set down under the duties of the Nominating Committee. 

SECTION 2: USE OF FUNDS PROHIBITED IN ELECTIONS.  No funds received by this Association through dues, assessments or otherwise, shall be contributed to applied to promote the candidacy of any person in election of officers.  This section does not prevent the expenditure from Association 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 or issue. 

SECTION 3: METHOD OF VOTING. Elections of officers shall be by secret, written ballot, even though only one candidate is nominated for a given office.  There shall be no voting by proxy in the election of Association officers.  The candidate receiving a majority of the ballots cast shall be declared elected.  If no candidate receives a majority of the ballots cast, the balloting shall continue through a run-off election in which only the two candidates receiving the greatest number of votes shall participate until there is a majority, eliminating the candidate receiving the lowest vote. 

SECTION 4: BALLOTS. For the election of Officers, ballots will be available to each member of the Association in good standing, at least seven (7) days prior to the Annual Meeting, in form prescribed elsewhere in these By-Laws.  Association members in good standing may then cast their vote for the candidate of their choice and deliver their ballots to a locked and sealed box to be located near the Association bulletin board, unopened, to the Annual meeting to be counted.  At the Annual meeting members who have not yet cast their votes will be given the opportunity to do so.  In the event of a runoff, ties will be broken by secret ballot cast by a majority of the membership present at the Annual Meeting. 

SECTION 5: FORM OF BALLOT. Each ballot shall be in a form prescribed by the Executive Board and shall contain the name of every candidate, showing the office of the nominee is running for.  Each member shall be furnished a ballot.  Members shall insert the ballot in a plain envelope.  The member will then print and sign his or her name on the envelope and place the sealed envelope in the ballot box. 

SECTION 6: COUNTING BALLOTS. At the time of counting of ballots the Secretary and Treasurer, in the presence of a volunteer member shall open the ballot box and as each envelope is removed, shall verify the name thereon is that of a member in good standing and eligible to vote.  When the Secretary and Treasurer have opened and verified the envelopes, the Secretary, Treasurer and volunteer member shall then count the ballots. 

SECTION 7: CERTIFICATION OF RESULTS. The Secretary and Treasurer shall sign the tally sheet(s) which constitute the official results of the election.  Ballots shall be preserved by the Secretary and Treasurer for one (1) month following an election. 

SECTION 8: VACANCIES IN OFFICE. When an office becomes vacant by reason of death, resignation, promotion, or recall of the incumbent, the members shall elect a successor for the remainder of the current contract by majority vote of those present at the next regular meeting from the date the office is vacated, except in the case of the President, in which the order of attrition shall take precedence. 

SECTION 9: ORDER OF ATTRITION. In the case that the President shall be unable to complete a term of office, he or she shall be succeeded by the Vice-President, Secretary and Treasurer, in that order, provided that the successor shall be an office holder by election of the membership and not by appointment. 

SECTION 10: SPECIAL ELECTIONS. Votes on initiation fees, increase in membership dues, on offers of settlement of collective bargaining negotiations, reinstatement fees, special assessments and recall of an officer shall be by secret written ballot and follow the methods set forth in Section V, VI, VII and VIII of this article, except that the time limits shall apply to the next scheduled meeting instead of the Annual Meeting.  All other votes of regular Association business may be, at the option of the presiding officer, by voice or show of hands during a regular or special meeting. 

  1. Proxy votes will be permitted in special elections provided that they are in the proper form and signed, and that the business to be voted on was included in the official agenda and posted for a period of seven (7) days prior to the meeting.  Proxy votes will not be allowed for the elections of Officer, amendments to the By-Laws or on issues affecting financial assessments to the members as listed above in paragraph 1. 

    A proxy vote shall consist of the following form:  Each vote shall be specified on a separate sheet of paper (approximately 3"X5") and shall contain either a blanket proxy votable by the bearer, or shall specify the issue and the desired vote.  Each proxy shall be signed by the maker and endorsed by the bearer.  The results of the ballot shall be subject to verification of the proxies.  Any proxy that is unclear as to how a vote is to be cast shall be void. 

ARTICLE 8 - DUTIES OF OFFICERS

SECTION 1: PRESIDENT. It shall be the duty of the president to preside at all meetings of the Association and at meetings of the Executive Board.  The President shall be the executive head of the Association.  Together with the Secretary and Treasurer and/or the Vice-President, the President may sign orders and checks lawfully drawn.  The President shall enforce strict observance of the By-Laws of the Association.  The President shall have general supervision of the other offices.  The president shall be the chairman of the Executive Board. 

  1. The President shall discharge on behalf of the Association such duties as may be imposed upon him or her applicable by law, including the execution and filing of any reports to the Federal or State authorities, and the President shall cause to be maintained by the Association such records as the law records to be kept. 

SECTION 2: VICE-PRESIDENT. The Vice-president shall assist the president in such a manner as the President may determine.  In the absence of the president, the Vice-president shall preside at meetings of the Association and of the Executive Board. 

SECTION 3: SECRETARY. The Secretary shall discharge on behalf of the Association, such duties as may be imposed upon him or her by the President or by applicable law including the execution and filing of any reports to Federal or State authorities, including but not limited to the following: 

  1. Maintain and have custody of all documents, records, books and papers belonging to the Association and/or required by law except as provided elsewhere in these By-Laws.

  2. Keep accurate record of the meetings of the Association and the Executive Board.

  3. Attest all official documents with his or her signature.

  4. Conduct the correspondence of the Association promptly.

  5. Maintain the official list of member of the organization in an accurate and current manner, including listings of retired and honorary members, and members not in good standing.

SECTION 4: TREASURER. The Treasurer shall discharge on behalf of the Association, such duties as may be imposed upon him or her by the president or by applicable law including the execution and filing of any reports to Federal or State authorities, including but not limited to the following: 

  1. Receive all due the Association, from whatever source, and disburse the same only by check signed by him or her and the President or vice-president.

  2. Maintain and keep current and accurate records of members' dues payments, assessments and all other financial transactions.

  3. Be prepared to exhibit receipts and vouchers upon the audit of the Association's books.

  4. Present to the membership at each regular meeting, an accounting of the financial transactions to provide accountability and justification of any disbursements.

SECTION 5: EXECUTIVE BOARD

  1. The Executive Board shall consist of the President, Vice-president, Secretary and Treasurer.  It shall be the duty of the Executive Board to exercise general supervision and control of the invested funds and property of the Association.  The Association's funds may only be invested in accounts or funds which are either federal insured or which are backed by the full faith and credit of the U.S. Government.  It shall have the authority to act in the name of the Association during intervals between meetings, such acts being subject to confirmation by the membership at the next regular meeting of the Association.  It shall provide for an annual audit of the Association's books.  It shall meet at the call of the President or on a call signed by a majority of the membership or in the case of Special Meetings, by a written request of at least four (4) members in good standing. 

    A majority of the Executive Board shall constitute a quorum for the purposes of any decisions by the Executive board. 

  2. All grievance duties shall be the responsibility of the Executive Board.  A grievance shall be defined as any dispute between labor and management cognizable under the Labor Contract between the Association and the County of Douglas.  The procedure shall be set forth in the current Labor Contract between the Association and the County.  In addition to the steps set forth in the grievance procedure of the Labor Contract, the Executive Board will operate under the following rules. 

    Before a grievance arbitration is entered the member wanting assistance of help from the Association shall notify the Executive Board.  The Executive Board will contact the Association attorney and advise the attorney of the situation.  Upon advice of the Association attorney the Executive Board will determine the validity of the grievance. 

    Appeal of this decision may be made to the Association at a Special or Regular Meeting called by the aggrieved as set forth in Article V, Section III of these By-Laws. 

    The Association will assist in the legal defense of any member suspended or dismissed for reasons believed to be unjust, and other grievance found by the body at large to be warranted. 

  3. All bargaining duties shall be the responsibility of the Executive Board.  The Executive Board shall conduct contract negotiations with the County.  The members shall be responsible for the gathering and formal presentation of any and all supportive or resource material deemed necessary for the productive pursuit of negotiations.  The Vice-President shall keep the membership apprised of the status of negotiations. 

  4. All Legislative duties shall be the responsibility of the Executive Board.  The Executive Board shall ensure that the aims and interests of the membership are furthered through the education of the public, generally, and elected representatives specifically. 

SECTION 6: The President may appoint, at any Regular Meeting, temporary committees as necessary to conduct business of the Association.  Committee members shall be appointed from Association members in good standing and shall serve as long as necessary to conduct business of the committee they were appointed for. 

ARTICLE 9 - DUES AND ASSESSMENTS

SECTION 1: Dues and fair-share and other assessments shall be paid by the payroll deduction plan as set forth in the Labor Contract between the Association and the County. 

SECTION 2: Dues and fair-share and other assessments shall be set by a majority vote of the Association who vote on the issue. 

  1. The financial records of this Association shall be audited annually.  The method may be by committee or professional firm as selected by the Executive Board. 

ARTICLE 10 - AMENDMENTS

Amendments, revisions and repeal amendments; revision and repeal of these By-Laws, may be made by a majority vote of those full members in good standing of this Association, which are present at any Annual, Regular or Special Meeting, provided that notice of such meeting set forth at least fifteen (15) days prior to the meeting, staging such amendment, revision or repeal will be considered at the specified meeting at which the vote will be taken. 

ADOPTED THIS _____ DAY OF _______________ 1992

 

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