Canyon Lake Professional Firefighters’ Association

Constitution and By-Laws

Article I: Name and Compliance

Section 1: Local Number and name.

• The name of this organization shall be the Canyon Lake Professional Firefighters’ Association, Local 4713, of the International Association of Firefighters (IAFF).

Section 2: Definitions

• Reference in this Constitution and By-Laws to “Local” or “Local Union” shall refer to the Local as set forth in Section 1 above, and reference to “Association” or “International” shall refer to the International Association of Firefighters.

Section 3: Compliance

• This Local Union, its officers, representatives and members shall recognize, oversee and be bound by the provisions of the Constitution and By-Laws of the International Association and the interpretations rendered by the International General President, the resolutions, 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 for governing this Local.

Section 4: Conflict of Interest

• It is the intention of this organization to receive and maintain tax-exempt status as a 501(c) (5) organization.  All elected officers will sign an acknowledgement form stating the have received, understand and agree to the Conflict of Interest policy as adopted by the Canyon Lake professional Firefighters Association.  All Officers will act according to the Policy, and by all applicable stated and federal laws governing such tax-exempt status.

Article II: Jurisdiction

Section 1: Jurisdiction shall be as follows:

• All full-time, paid employees engaged in firefighting, emergency medical or rescue service activities, or related services within the department shall be eligible for membership in accordance with Association Bylaws. Chief Officers shall be excluded from membership in this Local.

Article III: Membership

Section 1: Active

• 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, sex, creed, national origin, or by reason of disability.

Section 2: Honorary

• 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.

Section 3: Maintenance of Good Standing

• Membership in good standing includes any person who has not missed more than 2 consecutive Local general meetings.  Any member missing two consecutive meetings may be considered in delinquent status.  Any member missing four consecutive meetings will be considered suspended.  Members in good standing include those who have 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 Firefighters or the Constitution of this Local.  Members not in good standing can be dismissed from the union and be subject to reapplying for membership.
• Any member may request to be excused for two or more consecutive meetings; such requests should be brought before the board, and will be voted on during Executive Session.

Section 4: Separation

• When any member in good standing is separated from the fire service, the Local Union may allow said member to retain an active membership or in lieu thereof, upon request of said member, shall issue a withdrawal card. This Local Union may issue withdrawal cards only to those members who leave the fire service or EMS in good standing or who are precluded by law or local ordinance or contractually from maintaining union membership by virtue of their fire department position. A former member holding a valid withdrawal card will not be charged a reinstatement fee upon reentry into the organization. A member who is duly elected as an officer of the IAFF, or elected or appointed as a representative of or to an affiliated labor organizations, shall retain his/her active membership in this Local.

Section 5: Delinquent Members

• Members who fail to pay their monthly dues or assessments by the fifteenth day following the month such dues are payable shall be notified by the Local secretary, that they are delinquent and will be automatically suspended and lose their good standing if payment is not make within sixty days following such notifications. Members not attending 2 consecutive meetings shall be considered delinquent in status and shall be notified in writing by the Local secretary. Failure to attend 4 meetings shall result in suspension of the member. Delinquent and suspended members are not entitled to voice or vote in the Local or in the affairs of the International.

Section 6: Resignation of Members

• Any member wishing to resign from the Local must do so in writing
• Once the board has received the resignation, the Designee of the Local will notify IAFF/TSAFF of the member resigning.
• The member will notify the Payroll administrator, in writing, of the resignation in order to discontinue membership dues.

Section 7: Reinstatement

• Any member that is delinquent due to missing two consecutive meetings can restore a good standing status by attending two consecutive regular Local meetings
• Any member that is suspended due to missing four consecutive meetings can restore good standing status by attending 2 consecutive regular Local meetings and must be voted back into good standing by the membership with a majority vote.
• Reinstatement fees shall be $10, plus back dues, and assessments for the term that the member had resigned their membership in the Local, unless the member in question has a valid withdrawal card.  Any member may request exemption from reinstatement fees.  Such requests will be presented to the general membership at the next regularly scheduled meeting and approval shall require a vote by the members, utilizing ballot.

Article IV: Meetings

Section 1: Time and Place

• Regular meetings of the Local shall be held on the third Thursday of every other month immediately following the Medical Director’s meeting at Canyon Lake Central Fire Station. In the event of a holiday or other conflict of interest, meeting time and place will be rescheduled in accordance with policies and procedures as outlined in section 2.

Section 2: Special Meetings

• Special meetings may be called by a vote of a majority of the Executive Board. All members in good standing shall be notified of such special meeting at least 2 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.

Section 3: Quorum

• The quorum for any meetings of this Local, either regular or special shall be six members in good standing including 1 member of the Executive Board and members representing at least 2 of the three shifts.

Section 4: Rights of Members

• 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 note to interfere with the legal or contractual obligations of the International or this Local.

Section 5: Rules for Meetings

• The rules contained in Robert’s Rules for 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.

Section 6: Closed and Executive Meetings

• Any member of the Local may request a closed meeting.  Such requests shall be brought to the President for his approval.
• During a closed meeting, only members of the Local may attend.
• Any member of the board may call for an executive session.  Such request shall be brought to the President for his approval.
• During a called executive session, only members of the board, and those required by the president may attend.

Article V: Officers and Elections

Section 1: Number and Titles

• The officers of this Local shall consist of a president, vice president, secretary, treasurer, and, when general membership deems it necessary, a sergeant of arms, who shall hold office for twelve months, 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.

Section 2: Eligibility for Office

• Any member in good standing shall be eligible to be a candidate for office in this Local.  Members holding the rank of Lieutenant and above within Comal County Emergency Services District #3 may not seek seats on the Board.  If a member of the Board gets a promotion to the rank of Lieutenant or higher then they will have to resign their position on the board.

Section 3: Rights of Candidates

• 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 expense. A candidate for office includes a candidate for membership no the Executive Board. There shall be no discrimination in favor of or against any candidate with regard to the use of membership lists.

Section 4: Use of Funds Prohibited in Elections

• No funds received by this Local through initiation fees, dues, or assessment, 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.

Section 5: Method of Nomination and Elections

• All members in good standing shall be given at least 15 days advance notice in writing of the date, time, and place at which nominations shall be made, and the date, time, and place at which elections shall be held. Any member in good standing may nominate eligible members for office. Elections shall be by secret ballot. If there is only one candidate for a given office, such candidate shall be declared elected. There shall be no voting by proxy in the election of Local officers. The candidate receiving a majority of the ballots cast shall be declared elected. If no candidate receives a majority of ballots cast, there shall be a run-off election between the 2 candidates who received the most votes.  The run-off election will be held at a special meeting no later than two weeks after the original election.  Elections shall be held at the December Meeting and newly elected officers shall take office in January and hold elected office for 12 months.

Section 6: Elections Committee

• The President shall appoint an Elections Committee that shall be responsible for distributing and tabulating the ballots. Each candidate for office shall be entitled to appoint one observer who shall be permitted to witness the manner of distribution and casting of ballots and attend the meeting of Elections Committee at which the votes are tabulated.

Section 7: Ballots Preserved

• The ballots and other records of an election shall be preserved by the Secretary for 2 months following such elections.

Section 8: Vacancies in Office

• When an officer becomes vacant by reason of death, resignation, or removal of the incumbent, the Executive Board shall call a special meeting of the membership to elect a successor to fulfill the remainder of the vacant term in accordance with election procedures described above. Elections should take place no later than thirty days from the date of the office vacated. Should the President’s position become vacant, the Vice President shall hold the office of the Presidency unit the position is filled.

Article VI: 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 the 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 Local. 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 report 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 filled by it.  The President, by virtue of his/her election, shall be a delegate of this Local to the convention of the International.

Section 2: Local Vice President

• 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 the President becomes vacant, the Vice President shall be acting President until the position is filled by election. In the absence of the President, the Vice President may signs checks with the Treasurer to ensure that business is conducted in a timely manner.

Section 3: Local Secretary

• 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 signatures 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.

Section 4: Local Treasurer

• The Treasurer shall receive all money due the Local, from whatever 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 or Vice President in his/her absence. 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.

Section 5: Local Sergeant of Arms

• The Sergeant of Arms will be the one to make sure all rules and regulations are followed.  This means that the Local constitution and by-laws and the rules and regulations of IAFF/TSAFF.  The Sergeant of Arms will also make sure that all the Robert’s Rule of Order are followed during all special and regular Local meetings.

Section 6: Local Executive Board

• The Executive Board shall consist of the President, Vice President, Secretary, Treasurer, and Sergeant of Arms. It shall be the duty of the Executive Board to exercise general supervision and control of the duty of the Local during intervals between meetings such as acts being subject to confirmation by the membership at the next regular meeting 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.

Section 7: Bonding

• 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 $2,500 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 10% of its current liquid assets.

Article VII: 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 convention 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.

Article VIII: Initiation Fees, Dues, and Assessments

Section 1: Initiation fees

• Initiation fees shall be paid in the amount of $10.

Section 2: Dues

• Dues shall be paid via payroll deduction in the amount of $10 per pay period.

Section 3: Assessments

• Assessments may be made only in the following manner: each member in good standing shall be notified in writing at least 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, dues, or assessments shall require notice of such proposed increase to be given to the members in good standing at least 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.

Section 5: Reinstatement fees

• Reinstatement fees shall be $10, plus back dues, and assessments for the term that the member was not a member in good standing for the term up to one year, unless the member in question has a valid withdrawal card. Any member in question feeling he/she has cause to be exempt form reinstatement fees shall provide cause to the general membership of the Local at a regular or special meeting and a vote by the members, utilizing secret ballot, shall determine if a member may be excused from applicable reinstatement fees.

Article IX: Misconduct, Trials, and Appeals

Section 1: Misconduct and Trials

• Any member charged with misconduct as defined in Article XV of the International 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.

Section 2: Appeals

• Appeals may be made in accordance with Article XVIII of the International Constitution and By-Laws. Such appeal must be filed with the International General President of this Association within 30 days of the action to be appealed.

Article X: Audit

Section 1: Audit

• The books and accounts of this Local shall be audited annually, internally by the Executive Board and shall be forwarded to the International General Secretary-Treasurer over the seal of the Local within 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. Additional audits may be called at any time by a petition of 1/3 of the membership or as required by state or federal law.

Article XI: Amendments

Section 1: Proposed Amendments

• This constitution and By-Laws made under its provisions may be amended by a 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 VIII, sections 3 and 4) at a regular meeting, provided that each member in good standing is notified in writing of the proposed amending at least 15 days in advance of the meeting at which the vote will be taken.

Section 2: Adopted Amendments

• A proposed amendments to this Constitution, or and By-Laws made under its provisions, shall be submitted for approval to the International General President prior to its printing, or issuance, after it ahs first been adopted by the membership.

Article XII: Expenditures

Section 1: Amount of Expenditures

• Any expenditure that totals greater than $250 must be approved by general membership by a majority vote at a regular meeting or special meeting.

Section 2: Exemption to Expenditures Limits

• Any monies spent in conjunction with the soda/candy machine will not require approval of the general membership.  The total cost of the soda/candy machine will be part of the treasurer monthly report.
• Any monies required to maintain good standing with the IAFF/TSAFF will be paid without the approval of the general membership.
• Any monies spent towards supplies for union signs including hardware, letter/numbers and posts will not require the approval of the general membership.

Section 3:  The treasurer will insure that a minimum balance of $1000.00 is available in                       the checking account.  If the account balance should drop below $1000, the treasurer must inform the board and the general membership.
Section 4: Upon the death of any wife, husband, mother, father, brother, sister, or child of a member of Comal County Emergency Services District #3, this local shall make a contribution to that member, as funds allow. If there is a line of duty death of a local member belonging to a bordering department, this local shall make a contribution to the family of that member, as funds allow.
Section 5: In the event that a member of Comal County Emergency Service Distric #3 has a baby, this local shall donate $100 to that member.