KERN COUNTY SHERIFF S EMPLOYEES BENEFIT ASSOCIATION BY-LAWS REVISED JULY 2001
ARTICLE 1: NAME AND OBJECTIVES Name The name of this organization shall be and is hereby known as the Kern County Sheriff s Employees Benefit Association, a non-profit organization. Objectives The purpose if this organization is to raise funds in order that the association may function for the mutual benefit of the members; to advance the social, economic, and educational welfare, and to provide insurance for its members. ARTICLE II OFFICERS AND DIRECTORS Officers The officers of the association shall be: President, Vice President, and Secretary. The President, Vice President, and Secretary shall be members of the board. Directors There shall be a Board of Directors consisting of: a. Twelve (12) Directors representing the membership at large. Two (2) Directors may be retired members. b. President c. Vice-President d. Secretary e. Past President ex officio f. Kern County Sheriff ex officio Section 3. Nomination of Officers and Directors Nomination of Officers and Directors shall be made by a nominating committee consisting of three members of the Board of Directors who are not running for re-election, appointed by the President with the approval of the Board of Directors.
Section 4. Election of Officers The nominating committee shall be appointed prior to the first Monday in February, and shall forward the nominations to the Secretary by the first Monday in March at which time there shall be a general membership meeting. At the meeting nominations shall be received from the floor. The consent of the nominee shall be obtained prior to the election. At the conclusion of the meeting, the nominations are deemed closed The president, Vice President, and Secretary shall be elected by the majority vote of the entire membership annually, by mailed ballot, returned by the first Monday in April. A pre-requisite to running for President, Vice President, and Secretary shall be having served on the Board of Directors at least one (1) full year just prior to nomination. The retiring officers shall serve until the new officers have been installed. Section 6. Election of Directors The directors shall be elected by the majority of the entire membership annually, by mailed ballot, returned by the first Monday in April. The retiring Directors shall serve until the newly elected directors have been installed. Their election shall be staggered as follows: a. Half of the Directors shall be elected on odd calendar years. b. Half of the Directors shall be elected on even calendar years. Section 7. Removal from Office Grounds: a. Any elected official to this association shall be subject to removal for any of the following reasons: Procedure: 1. Misconduct in office 2. Misrepresentation 3. Misappropriation of funds 4. Neglect or non-performance of duties b. A petition shall be presented at a meeting of the Board of Directors signed by any member in good standing and eligible to vote in elections, stating the grounds upon which the removal is based. Upon receipt of the petition the Board of Directors shall review the petition and appoint an investigative committee. The committee
will report the result of their findings at the next monthly meeting of the Board of Directors. The Board of Directors shall render a decision by a majority vote at the next regular meeting. Section 8. Vacancies Vacancies of Officers and/or Board of Directors shall occur by any of the following reasons: a. Death b. Retirement from active service c. Insanity or physical inability to serve on the Board of Directors d. Removal from office e. Absence of any elected official from more than three (3) consecutive meetings may constitute removal from office, but must be by majority vote of the Board of Directors f. Resignation Vacancies occurring shall be filled by appointment by the President, with approval of the Board of Directors, to fill the remaining term. Vacancy of the Presidency shall be filled by the Vice-President who shall appoint a new Vice-President, with the approval of the Board of Directors. ARTICLE III DUTIES OF OFFICERS Duties of the President The duties of the President shall be to call all meetings, preside over same, appoint such committees as are necessary to the operation of the Association, have general supervision over all matters concerning the Association, except such matters as are delegated to special committees, cast the deciding vote in case of a tie, and cast a vote if there are not enough members present to make a quorum. The President shall also act as representative of the Association in all matters concerning outside interests. The president shall also perform such of the Articles and By-Laws of the Association or the wishes of the members. In the absence of the President and Vice-President, the Senior Member of the Board shall preside. Duties of the Vice-President The Vice-President shall preside in the absence of the President, and shall assume all duties of the President in his absence or when called upon to do so by the President. The Vice-President shall vote on the same issues that the Board of Directors do, unless he/she is acting in place of the President in which case the Vice-President will cast the tie-breaking vote, and only vote if there are not
enough members to form a quorum. The Vice-President shall act as Office Manager, to ensure the smooth running of the Association Office. Section 3 Duties of the Secretary The Secretary shall keep a correct record of all proceedings and the minutes of all meetings, vote on the same issues that the Board of Directors do, prepare and distribute by mail all ballots required, receive, record, answer, and file all correspondence of the Association. The Secretary may, after each meeting notify the membership by bulletin of all activities of the Association, and upon retiring from office shall return all books, papers, and other records of the Association in his or her possession to his or her successor. The Benefit Association will contract with an independent contractor (accountant) to perform the Treasurer function on an annual basis. Rate of pay and terms of employment will be at the discretion of the Board of Directors and per specific terms of the contract as delineated therein. ARTICLE IV DUTIES OF THE DIRECTORS Duties of the Directors The Board of Directors shall have the power to ad-judge all rights and privileges of the membership, check and pass on all expenditures and investments in association funds. They shall have the power to suspend members for actions, in their judgement, detrimental to the good of the Association. They shall be the governing authority to initiate amendments to the by-laws, as would in their judgement benefit the members of this Association. They shall have the power to decide all problems of membership eligibility. ARTICLE V MEMBERSHIP Eligibility for Membership All regular employees (as defined in ordinances and rules of the Civil Service Commission of Kern County) of the Kern County Sheriff s Department shall be eligible for membership immediately upon employment. An application form shall be provided and such an application must be returned to the Secretary within thirty (30) days after employment or upon approval of the Board. Retired Members All former members of the Kern County Sheriff s Department who are retired shall be eligible for membership. Retired members are entitled to all benefits of membership including voting, petitioning, and receiving hardship benefits as
provided in this Constitution and By-Laws. All members of the Association with twenty-five (25) years membership in the Association, upon retirement from the department, and still in good standing as members of the Kern County Sheriff s Employees Benefit Association, will have their annual dues paid by the Association for life. If the employee reaches twenty-five (25) years prior to retirement, the dues payments will commence upon their retirement from the department. Retired members may not hold the office of President, Vice- President, or Secretary, but may become Directors, so long as no more than two (2) retired members are on the Board at one time. Those retired members who fail to notify the Association of their current address will no longer enjoy the benefits of membership. Any annual ballot returned Address Unknown for 2 (two) consecutive years will be deemed to be evidence of such failure. Section 3. Members in good standing Members in good standing are all members who have complied with Article VIII on dues, and subject to any action of the Board of Directors, as provided in Article IV, They shall be entitled to all benefits of membership including voting, petitioning, and receiving hardship benefits as provided in this Constitution and By-Laws. Section 4. Termination of Membership Membership in the Association shall automatically terminate upon termination of employment of any member herein, in the Kern County Sheriff s Department, except those members covered under subsection a of this article. a. Any member who is authorized a leave of absence as set forth in the Kern County Civil Service Rules and Regulations may continue membership in this association by keeping his or her dues current. ARTICLE VI MEETINGS Regular Meetings There shall be a regular meeting of the Board of Directors on the first Monday of each month, which will be open to all members of this association. Any alternate meeting date will be determined by the Board of Directors. a. In the event that the first Monday falls on a holiday, the meeting shall be on the following Monday. Annual Meetings
On the first Monday of May there shall be an annual meeting for the purpose of the installation of officers and directors. All reports covering Association business and activities shall be read and accepted by the membership present whose attendance shall be necessary as far as possible within the requirements of regular duties. a. In the event that the first Monday falls on a holiday, the meeting shall be on the following Monday. Section 3. All Meetings All Board meetings shall require a quorum. The quorum shall consist of at least five (5) board members. Section 4. Meeting Place The Association shall provide a place for any activity calculated to benefit the membership of the Association. Such meeting place shall be determined by the Board of Directors. ARTICLE VII FINANCIAL Money Raising Projects The Association shall undertake such money raising projects (with the sanction of the Sheriff) that are necessary for the benefit of the membership. Any such project voted on by the Board of Directors may be countermanded by a two-thirds (2/3) vote of members in good standing. Non-Money Raising Projects The Association shall undertake projects that in the opinion of the Board of Directors, are for the best interest of the Association and membership, and are subject to the same conditions as in Section 1 above. Section 3. Audits There shall be an audit of the Association books when deemed necessary by the Board of Directors and/or a Bonding Agency. Section 4. Bonding The President, Vice-President, Secretary, and the contracted Treasurer position shall be bonded by a regular bonding agency in the amount of five thousand dollars ($5,000.00) each and the premiums for such bonds shall be paid by the Association.
Section 5. Office The Association shall maintain an office to conduct day to day business, to provide storage for Association records and assets, and to receive phone messages on a phone answering machine. The office is maintained to improve communications between the Board of Directors and the membership. ARTICLE VIII DUES AND FEES Dues Those members desiring all benefits shall pay dues in the amount of three dollars ($3.00) each period in a payroll deduction plan, except for retired members who shall be billed $78.00 yearly in advance, and such members who are on an approved leave of absence, who will be billed separately. ARTICLE IX BENEFITS All members enrolled under provisions of these by-laws shall be entitled to all benefits provided by the Association as follows: Death Members are eligible to receive death benefits after one year of continuous membership in the Association with the exception of accidental death. Accidental death benefits will be available immediately upon enrollment. Benefits shall be paid as follows: a. Member - $3,000.00 b. Spouse of member - $1,500.00 c. Child - $1,000.00 Any child, natural, step, or adopted, for which the member has financial responsibility, and under the age of nineteen (twenty three if a full time student). The benefit shall be paid when a Certificate of Death or Certificate of Fetal Death is presented to the treasurer. d. Accidental death of member only shall be paid double. Dismemberment Members are eligible to receive dismemberment benefits after one year of continuous membership in the Association with the exception of
accidental dismemberment. Accidental dismemberment benefits will be available immediately upon enrollment. Loss with regard to hand or foot means dismemberment by complete severance at or above the wrist or ankle joint. Loss with regard to the eye means the entire and irrecoverable loss of sight in that eye. Benefits will be paid as follows: a. Both hands, both feet or the sight of both eyes - $2,500.00 b. One hand, one foot or the sight of one eye - $1,500.00 c. Any combination of 2 or more of the following: one hand, one foot, the sight of one eye - $2,500.00 Section 3. Death/Illness Recognition Upon timely notification made to the Board of Directors of the serious illness or death of a member of immediate family relative to the member, recognition in the form of a card or floral offering shall be sent. For purposes of this section, immediate family members are generally defined as: Whether or not they are members of the employee s household: Spouse, children, parents, and stepparents. Provided they are members of the employee s household: Stepchildren, grandchildren, foster children, grandparents, brothers, sisters, Mother-inlaw, Father-in-law, Brother-in-law, Sister-in-law, Son-in-law, and Daughter-in-law. In case of death/funeral: Any of the above whether or not they are members of the employee s household. Section 4. Hardship Benefits Members who are regular full time or permanent part time employees of the Kern County Sheriff s Department, shall be eligible for sick benefits as listed below. This is after all sick leave, vacation, and State Disability, has been depleted. 1. Employed six months to one year, maximum weekly benefits of $25.00 or $300.00 in any fifty-two (52) week period.
2. Employed one year and one day to two years, maximum weekly benefits of $35.00 or $420.00 in any fifty-two (52) week period. 3. Employed two years and one day to three years, maximum weekly benefits of $50.00 or $600.00 in any fifty-two (52) week period. 4. Employed three years and one day and over, maximum weekly benefits of $75.00 or $900.00 in any fifty-two (52) week period. The Board of Directors of the Association may upon adequate proof of extreme hardship or due to extended illnesses, provide funds or assistance to a member or his spouse, said funds or assistance not to exceed the period deemed necessary by said Board of Directors. Further, the President shall appoint a five (5) member committee, to determine the extent of hardship and the funds of assistance necessary and make recommendations to the Board. Said recommendations are to include, but are not limited to, the necessity of providing said funds or assistance and the amount deemed necessary. In order to provide such funds or assistance for extreme hardship cases, the Board must convene at regular or special session. Funds or assistance will be expended only upon approval by a two-thirds vote of the entire Board of Directors. The Boards decision will be final and no recourse will be offered. The member applying for extreme hardship assistance shall make available to the Board of Directors and/or committee appointed by them any and all information requested in order that a fair decision may be made. Such information shall include, and not be limited to, financial statements, bank statements, obligations, etc. Section 5. Scholarships The Association shall award four (4) scholarships annually, provided appropriate funds are available. The Board of Directors shall appoint a general member as the SCHOLARSHIP CHAIRMAN. Said Chairman will be entrusted with the coordination and awarding of the below listed scholarships to qualified recipients, as directed by the Board of Directors. The Scholarships shall be as follows: a. Two (2) scholarships awarded to qualified students who are the children of members of this Association, in the amount of $1,000.00 each. The final determination as to the qualifications will be made by the Board of Directors.
b. Two (2) scholarships awarded to qualified members of this Association, in the amount of $100.00 per unit (maximum of $1,000.00 per scholarship). ARTICLE X AMENDMENTS Amendments by Petition These articles may be amended by action of the Board of Directors as provided for in Article IV, Section 1, when in their judgement such amendments would benefit the Association. Amendments, to be effective, shall require a two-thirds (2/3) vote of the membership to be conducted by mail. Amendment by Petition Amendments may originate by petition presented to the Board of Directors and signed by not less than twenty (20) members in good standing. Amendments to become effective, shall require a two-thirds (2/3) vote of the membership to be conducted by mail. Balloting must be conducted within thirty (30) days of presentation of the petition to the Board of Directors. ARTICLE XI DISSOLUTION Dissolution Clause In the event of dissolution of the Kern County Sheriff s Employees Benefit Association, Inc., all assets of the Association shall be divided equally between: 1. The recognized bargaining organization for the Sheriff s nonsworn employees, presently known as S.E.I.U. 2. The recognized bargaining organization of the Sheriff s sworn employees, presently known as K.L.E.A. July 2001