CONSTITUTION AND BYLAWS ARTICLE 1 INCORPORATION This organization shall be known as the WESTERN NEW YORK ASSOCIATION OF RETIRED LAW ENFORCEMNET PERSONNEL, INC (herein called the Association ). Duly incorporated as a not for profit organization under the laws of the State of New York. ARTICLE 2 PURPOSES AND OBJECTIVES Section 2A1 a-c. The Purposes of the Association a) to organize retired members of various law enforcement agencies in Western New York to act as a unit in their pursuit of benefits for the good and welfare of its members; b) to join in a cooperative alliance with other law enforcement retirees organizations throughout the State of New York to accomplish such goals; c) to actively participate in the study, support and promotion of legislation consistent with the general and individual goals of retired law enforcement personnel who are members of the New York State Pension system as defined in Article 1.20 and Article 2.10 of the CPL which is meant to be used as a guide to define retiree but not be limited thereto. Section 2B1. Dissolution of the Association In the event of dissolution of the Association, or in the event it shall cease to carry out the objectives and purposes herein set forth, all the business, property and assets of the association shall go and be distributed to such not for profit charitable corporation, municipal corporation, or corporations, as may be selected by the Board of Directors of this association so shall then be used for, and devoted to purposes as nearly as equivalent to those of the Association.. In no way shall any of the assets or property, in the event of dissolution, go or be distributed to members, 1 Dec 2016
wither for reimbursement of any sums subscribed, donated, or contributed by such members for any other purpose. ARTICLE 3 MEMBERSHIP, DUES, ASSESSMENTS Section 3A1. Regular Membership The regular membership of the Association shall be open to law enforcement personnel as defined in Article 1.20 and Articles 2.10, CPL., and who were geographically employed within the eight counties of Western New York: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Orleans, Niagara and Wyoming. The term "full time employed" shall mean law enforcement officers that are/ were engaged in such employment as their principal source of livelihood. Any regularly appointed, full-time employed law enforcement officer of the United States, New York State, cities, towns, villages and political subdivisions therein, permanently employed or temporarily detailed, or residing within the boundaries of Western New York, shall be eligible for membership in the Western New York Association of Retired Law Enforcement Personnel Inc., subject to the provisions of the By-laws. No person shall be denied membership on account of race, creed or sex. The Western New York Association of Retired Law Enforcement Personnel Inc. shall deny membership to anyone who is, or has been, a member of any group regardless of by what name known, which advocates the abolition or destruction of our Government, either by force or subversive means. Any person who wishes their organization be included herein may petition the Executive board for a bylaw change. This petition must be in writing, stating the reasons for such inclusion. The Executive board bring any such request to the Board of Directors board for review and approval. As a clarification the following professions are not eligible for active memberships: Judges, Court Clerks, Building Inspectors, Dog Wardens, Technicians, Civilian Dispatchers, Scientific Deputies and Special Deputies or Officers. The above list is not exhaustive and is only provided as examples. These professions can apply for honorary membership. 2 Dec 2016
Section 3A2. Honorary Membership Honorary Memberships may be conferred on persons of outstanding character, sponsored by a regular member, and approved by the majority of the Executive Board and the Board of Directors. Honorary Members are required to pay due annually, payable by the last day of March in each calendar year. They will not be eligible to vote or hold office in the Association. Honorary Members are not entitled to the memorial (death) benefit provided to the families of retired law enforcement personnel. Section 3A3. Associate Membership All current P.B.A. Presidents shall be deemed Associate Members. These members shall not pay dues, vote or hold office in the Association. Section 3A4. Lifetime Membership Lifetime Member status may be conferred on a Regular Member by the President of the Association with the approval of the members present during a regular meeting of the Board of Directors. Section 3B1. Voting Eligibility All regular members and lifetime members are eligible to vote. Section 3C1. Dues, General Membership Dues for membership will be required of every member and shall be collected by the Treasurer on an annual basis, payable in one installment. The amount of dues will be 3 Dec 2016
fixed annually at the year-end meeting of the general membership and shall become effective on January 1 st of the following year. Any new member who joins the Association between October 1 and December 31 shall be deemed to be a paid member for the following year. Any regular member who has paid his dues by the last day of March in each calendar year shall be deemed a member in good standing. Section 3C2. Dues, Past Presidents All past presidents of the Association shall be deemed lifetime members and no longer be required to pay dues. Section 3D1. Special Assessments From time to time the Board of Directors, by majority vote, may impose an assessment upon the entire membership, which shall be in excess of the dues as aforesaid. Such impositions of an additional assessment must be approved by a majority vote of the members present at a general membership meeting. Section 3D2. Non-Exempt Status With the exception of Lifetime Members, all due paying members shall be liable for Specials Assessments. Section 3E1(a). Suspension and Expulsion of Members It shall be the duty of the Executive Vice President to review the membership status of any member who is one year in arrears on the dues. The Executive Vice President will determine if such members are, in fact, delinquent without due cause. The Executive 4 Dec 2016
Vice President shall place the names of the delinquent members before the Board of Directors with a recommendation to maintain, suspend, or drop from the rolls said member(s). Upon an affirmative vote to suspend or drop delinquent members from the Association by the Board of Directors, the matter will be brought before the next general membership meeting and the action amended, if required and affirmed by those present. Section 3E1(b). Delinquent Members Dropped from Rolls Delinquent members who have not paid their dues and who were dropped from the rolls can be re-instated upon application for membership and payment of one (1) year back dues plus current year dues. Reinstatement will be considered only one time. Bereavement benefits will apply two years after reinstatement. Section 3F1. Scheduling of Meetings There will be scheduled meetings held at any time, date and place designated by the President. Section 3F2. Special Meetings Special Meetings will be held at such times as the President deems necessary or when requested in writing by a majority of the Board of Directors. Section 3F3(a). Bereavement Benefit A bereavement benefit, from the Health and Welfare fund, is provided to our members upon their approval for membership. Except for new members, all must have been in good standing for two (2) consecutive 5 Dec 2016
years prior to their deaths. Any exemption or exception to this rule may be presented to and considered for approval by the Board of Directors. Bereavement benefits shall be paid to the person(s) designated by the member. If no beneficiary has been designated by the member, then the funds shall revert back to the association. Section 3F3(a)-1. Section 3F3(b). Bereavement Benefit Stipend The Officers and the Board of Directors shall determine the amount of the bereavement benefit payable from the Health and Welfare fund. ARTICLE 4 OFFICERS OF THE ASSOCIATION Section 4A1. Elected Officers The elected officers of the Association shall be: a) President b) Vice President c) Executive Vice President d) Recording Secretary e) Corresponding Secretary f) Treasurer The following shall be appointed by the President and serve at his pleasure: a) Parliamentarian b) Public Relations Officers 6 Dec 2016
c) Sergeant at Arms d) Membership Chairperson Section 4A2. The Executive Board The executive Board shall be comprised of the duly elected officers of the Association, or those members appointed to an elective office for the purpose of filling a vacancy in the office, in accordance with the by-laws of the Association. Section 4A3 Eligibility to Hold Office All regular members are eligible to hold office in the Association provided they were geographically employed within the eight counties of Western New York which includes: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Orleans, Niagara, Wyoming, and are retired members of the New York State Pension System. The position of President and Vice President, Executive Vice President, Treasurer, Recording Secretary and Corresponding Secretary will be held by retirees that were geographically employed within the eight counties of Western New York which includes: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Orleans, Niagara, and Wyoming. Section 4B1 Terms of Office At the September meeting, the President shall nominate two members to act as the election committee. Nominations for the Executive Board will then be taken from the floor at the meeting or may be submitted by letter. Nominees who wish to decline must do so in writing by October 1 st. 7 Dec 2016
At the November meeting, the election shall be held. The corresponding secretary shall prepare and distribute the ballots and the election committee shall tabulate the results and announce the winners at the meeting. Each officer of the Executive Board shall serve from the date of his/her election to the office for a period of two years. Section 4B2 Nominations and Election of Officers Nominations and election of officers shall be held at the fall general meeting prior to the expiration of the term of office. Section 4B3 Vacancy of Office Any vacancies in an office shall be filled for the remaining term of office by a majority vote of the Board of Directors present at a meeting of the Officers and Directors of the Association. Section 4B4 Wages of Office All Officers of the Association will service without pay. They will be compensated for out-of-pocket expenses in furtherance of Association business when approved by the President. Section 4C1 Board of Directors There shall be a Board of Directors who shall determine the general policy of the Association with their responsibilities pursuant to the Not-For-Profit Corporation Laws of the State of New York. 8 Dec 2016
Qualification: The Board of Directors shall consist of one (1) member from each Police Departmental jurisdiction that the Association encompasses. That member must be retired from the Police Agency which he wishes to represent in the Association. The President shall appoint directors to represent their department. Section 4D1 Duties of Officers PRESIDENT: The President shall be the Chief Executive of the Association. He /she shall preside at all general membership meetings and shall be an ex-officio member of all committees. He/she shall appoint any and all committees as may be required and deemed essential for the good and welfare of the Association. VICE PRESIDENT: The Vice President shall work with the President and, in the absence of the President, to act in his/her place and stead in the same capacity as if the President were so acting. EXECUTIVE VICE PRESIDENT: The Executive Vice President shall conduct and take notes of the executive board meetings and act in the place of the President when he/she and the Vice President are absent. He/she shall also act with regard to the suspension and expulsion of members as provided in these By-laws. RECORDING SECRETARY: The Recording Secretary shall attend all meetings of the Association, make and keep a permanent record of all Minutes of the meetings. CORRESPONDING SECRETARY: 9 Dec 2016
The Corresponding Secretary shall notify each member of all meetings of the Association giving at least ten (10) days prior notice and answer all correspondence directed to the Association. TREASURER: The Treasurer shall collect and record all dues paid by the members and deposit any and all monies collected into a bank account approved by the Association. The Treasurer shall also report on the financial status of the Association at each meeting. All bills paid by check shall be signed by the President, Vice President or Treasurer. During the first (1 st ) quarter of each calendar year, the treasurer shall have an independent audit of the financial records. The audit will be performed by a person chosen by the Executive Board and presented by April 1. PUBLIC RELATIONS OFFICER: The Public Relations Officer shall keep the press informed of legislation affecting retired police personnel and other newsworthy information beneficial to the Association. SERGEANT-AT-ARMS: The Sergeant-at-Arms shall always maintain order during meetings of the Association and monitor attendance, which is limited to members, guests or speakers. PARLIAMENTARIAN: The Parliamentarian shall become familiar with Roberts Rules of Order and assist in decisions regarding matters and questions of order brought up at the meetings. He / she shall also perform any other duties assigned to him or her by the President. MEMBERSHIP CHAIRPERSON: The Membership Chairperson shall be responsible for contacting all the future retirees who are eligible for membership. 10 Dec 2016
ARTICLE 5 ORDER OF BUSINESS The order of business shall be as follows: 1. Meeting called to order 2. Roll call of officers 3. Reading of the minutes of the previous meeting 4. Reading of financial report 5. Application of membership 6. Nomination and election of officers 7. Presentation of bills and communications 8. Report of officers, sunshine committee 9. Report of other committees 10. Referred business 11. New business 12. Good of the Association 13. Closing ARTICLE 6 SPECIAL RULES OF ORDER 1. As the President takes the Chair, the officers shall assume their respective stations and all members shall be seated. Silence shall be observed at sound of the gavel. 2. All officers and members shall be designated by their proper titles. 3. No motion shall be subject to debate until it has been seconded and stated by the President. At the request of the Recording Secretary, it shall be written. 4. When a question is before the house, only a motion to adjourn will be received. A motion to adjourn is not in effect under this rule unless all necessary business has been transacted. 11 Dec 2016
5. When any member wishes to speak, he/she must rise and address the Chair, confine remarks to the question in debate, and avoid personal attacks and indecorous (foul or improper) language since this reflects poorly on the Association and its members. 6. When two or more persons rise to speak simultaneously, the President shall decide who has the floor. No member shall interrupt or disturb another member while speaking, unless to rise to a point of order. 7. During the reading of the minutes no one shall be allowed to enter or leave the meeting room. 8. In the event a member shall be called to order while speaking, he/she shall be seated until the question or order has been determined. 9. No member shall speak on the same question more than twice or for more than five (5) minutes without permission. Only two amendments to a proposition shall be entertained. 10. Roberts Rules of Order shall govern the meeting in all cases not herein provided for, to which they are applicable. Copies of this manual shall always be kept available by the Recording Secretary. ARTICLE 7 TICKETS / CONTRIBUTIONS The Board of Directors of the Association shall have sole discretion regarding the contribution of funds to soliciting agencies. ARTICLE 8 AMENDMENTS These By-laws may be amended by two-thirds (2/3) majority vote of the members present at any regular or special meeting. Propose amendments must be presented in writing and signed by ten (10) members in good standing, and read at one regularly or special meeting before acted upon. 12 Dec 2016
ARTICLE 9 ADOPTION OF BY-LAWS Upon the adoption of these By-Laws by the Western New York Association of retired Law Enforcement Personnel, and approved by the membership, all provisions of these By-Laws are in effect immediately. 13 Dec 2016