BY LAWS.
Table of Contents:
Section
1.
Membership in this Association shall consist
of regularly employed and salaried employees of the Sheriff's Office
and Inspectors and Investigators of the District Attorney's Office
of San Mateo County. Any member in good standing of this Association
may retain his membership in the event of an involuntary transfer
to another department. (This section shall have retroactive application.)
Section 2.
Any person who is eligible for membership and who does not apply
for membership to this Association within thirty (30) days, after
becoming eligible for membership, must, if so required by the Board
of Directors, accompany his application with a certificate of sound
health from a physician named by this Association. Physician fees
and any medical examination fees are to be paid by member making
said application.
Section 3.
All applicants must have their application sponsored by two (2)
members of this Association who are in good standing, then submit
said application to the Board of Directors for their approval. If
the Board of Directors approves the application, the applicant becomes
a member of the Association upon payment of admission fees.
Section 4.
All applicants on becoming members of this Association shall have
their names and addresses entered in a book or books provided for
that purpose. The Board of Directors shall make available copies
of the Association's By-law on request of a member, through the
Association Secretary and Association web site. Each Association
member shall be issued an Association membership card that shall
bear the signature of the President and Secretary.
Section 5.
Delinquent members shall in no case be admitted as new members,
but may be restored to membership in the manner hereinafter provided.
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ARTICLE 2 - Fees, Dues, Fines,
Assessments
Section 1.
The regular dues of the Association shall be set by the Board and
approved by the membership subject to annual review.
Per the voting membership
election, membership due will be five dollars ($5.00) per pay period
or bi-weekly, as of January 1, 2002. All funds will go to the Association
general fund.
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Section 1.
Any member in arrears two (2) months in dues shall be reported as
delinquent and shall be notified by the Treasurer of the fact in
writing, stating that failure to pay all dues and fees owed to the
Association within thirty (30) days after receipt of said notice
will result in having his name dropped from the membership roll
of the Association and non-entitlement to any benefits.
Section 1.
Any member whose name has been dropped from the roll for non-payments
of dues or fees may be reinstated to membership upon payment of
all delinquent dues or fees, and other expenses incurred for this
reinstatement, and must provide a certificate of sound health from
a physician if so required by the Board of Directors. Any such applicant
for reinstatement, at the time of reapplication, must still be a
member of the Sheriff's Office, or an Inspector or Investigator
of the District Attorney's Office of San Mateo County, or other
member previously designated in our Constitution and By-Laws. The
physician's fee and any medical examination expenses are to be paid
by the delinquent member.
Section 2.
A member who voluntarily leaves the employ of this department shall
have his/her name dropped from the roll as of the date he/her leaves.
Any member who returns as an employee and wishes to be reinstated
as an active member of the Association shall apply for membership
in the manner heretofore stated in Articles 1 and 2 of these By-Laws
except: any member on official leave of absence from this department
shall be carried on the roll provided that said member remain in
good standing by the payment of dues and any fees incurred while
said member is on official leave of absence.
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Section
1.
The Association shall maintain a group insurance plan. This plan
must be approved by a majority of the members of the Association
present at a meeting called for such purpose. The members shall
be entitled to the benefits of this said plan as hereinafter provided.
Section 2.
All members in good standing shall participate in all of the said
benefits of this Association. Death benefits will be as specified
in the "insurance policy."
Section 3.
Upon dismissal or voluntary severance of any member from active
duty with his/her department, he/she shall no longer be entitled
to participate in any benefits of this Association.
Section 4.
Any active member who has been retired from his/her department shall
be eligible for life membership in this Association. A life member,
under this section , shall have all the rights and privileges of
an active member, and shall be exempt from payment of dues, only
if on service or disability retirement. Those on deferred retirement
shall continue to pay dues.
Section 5.
The Secretary shall keep a book in which each member may designate
in writing by his/her signature, the person or persons to whom he
desires the benefits of the Insurance Policy issued, through he
group insurance of this Association to be paid upon his death.
Section 6.
The Secretary shall keep a record of the member's designated beneficiary
for Insurance purposes. If the member fails to designate a beneficiary
to his or her policy, the Insurance benefit will be paid into the
member's estate.
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Section
1.
The elective officers of this Association shall consist of a President,
a First Vice-President, a Second Vice-President, a Secretary, a
Treasurer, a Sergeant-at-Arms, a Parliamentarian, and a Board of
Directors consisting of four (4) members. Two (2) members of the
Board and all other are to be nominated at the annual meeting in
November and elected by secret ballot within thirty (30) days following
the nomination of candidates.
The
President, Vice-President, Secretary, Treasurer, Sergeant-at-Arms,
Parliamentarian, and the Board of Directors shall hold office until
their successors are elected and qualified and installed in their
respective offices at the Installation Meeting in January, at which
time the retiring officers shall turn over to their legally elected
and qualified successors all effects belonging to the Association
in their possession.
Section
2.
The Officers of the Association shall act without remuneration for
such services as they may render, except the Secretary and Treasurer
who shall receive dues free during their term of office.
Section
3.
The elective officers of this Association shall be ex-officio members
of the Board of Directors.
Section
4.
The outgoing President shall be ex-officio member of the Board of
Directors for one year following his term of office.
Section
5.
The members of the board of Directors shall have staggered terms
of office in that two (2) shall be elected annually for a period
of two (2) years.
Section 6.
The Board may appoint a non-member legal advisor annually to attend
all meetings and will serve without compensation.
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ARTICLE 7 - Duties of Officers
Section
1.
The President shall preside at all meetings of the Board of Directors,
and members, and shall have general charge of and control over the
affairs of the Association subject to the approval of the Board
of Directors. He shall have such other duties as may be conferred
upon him by these By-Laws and the Board of Directors.
Section 2.
The Vice-President in the absence or inability of the President
to act, shall be vested with all the powers and shall perform all
the duties of the President. If there be more than one Vice-President,
they shall be numbered and each shall act in the absence or inability
of the President and all Vice-Presidents preceding him in number
to act.
Section 3.
The Secretary shall be the secretary and clerk of the Board of Directors
and Secretary of all membership meetings and of all committees.
He shall attend all their sessions and shall record all votes and
minutes of their proceedings in a book or books kept for that purpose.
He shall keep all notes required of him by law or the order of the
President and all notes required of all meetings of the members,
directors, and committees, when not otherwise regularly kept, and
shall perform all other duties required of him by the President,
Board of Directors, and Committees. He shall have custody of all
books, records, papers, and the seal of the Association, except
such as shall be in the charge of the Treasurer, or of such other
person authorized to have custody and possession thereof by a resolution
of the Board of Directors.
Section 4.
The Treasurer shall keep accounts of all monies of this Association,
received or disbursed and shall deposit all monies and valuables
in the name of and to the credit of the Association in such bank
or banks and depositaries as the Board of Directors may designate.
The President shall countersign all checks for the payment of monies.
The funds of the Association shall be disbursed upon the checks
or drafts of the Association, signed by authorized officers in pursuance
of the approval of the members. When required by the President or
the Board of Directors, the Treasurer shall render an account of
the financial condition of the Association and shall perform all
other duties required of him by the President. Board of Directors
and committees pertaining to his office or incident to the position
of Treasurer. The Treasurer shall be bonded by a surety company
in the amount of five thousand ($5,000) dollars and such bond is
to be paid by the Association. The books of the Treasurer shall
be audited by a qualified accountant during the month of December
and a report submitted to the Association by the Treasurer at the
January meeting. The cost of auditing shall be paid by the Association.
Section 5.
The Sergeant-at-Arms shall prepare rooms for a general meeting or
Directors meeting; post all notices of an official nature; ascertain
all present are bona-fide members, maintain law and order in the
assembly of members and upon the President's opening of the meeting,
conduct an official roll call, entering same in a suitable official
ledger, in order to ascertain whether a quorum is present; whereupon,
he will convey such information to the President and upon the request
of the President perform any other duties.
Section 6.
The Parliamentarian shall act as the legal advisor to the President
and the membership and perform other duties as required by the President.
Section 7.
The Board of Directors shall have then general management and control
of the business affairs of the Association and shall exercise all
the powers that my be exercised or performed by the Association
under the statutes, the Articles of Incorporation and the By-Laws.
A regular meeting of the Board of Directors and Officers shall be
held each month or at the call of the President. A majority of the
Board of Directors shall constitute a quorum for the transaction
of business. It shall be the duty of the Board of Directors to provide
a suitable corporate seal for the Association.
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Section
1.
The annual meeting of the members entitled to vote shall be held
in November, time, date and location to be named by the Board of
Directors. This is for the nomination of all Officers and/or Directors.
Election of all Officers and Board of Directors shall be by secret
ballot within thirty (30) days following the nomination of the candidates.
Installation of Officers/Directors shall be held during the month
of January following their election.
Section 2.
General meetings of the Association shall be held at a time, place,
and date set by the President.
Section 3.
Special meetings of the members entitled to vote may be called at
any time by the President or by a majority of the Board of Directors
or by a written petition of the majority of the members entitled
to vote, directed to the President. All such calls shall state the
purpose of the meeting and such meeting shall have no power to transact
any business not stated in the call.
Section 4.
All meetings shall be held at the principal office or place of business
of the Association, or at such place as may be designated by the
President.
Section 5.
A written notice of each annual meeting an of each special meeting
of members entitled to vote shall be mailed to each of the members
at such address as appears on the records of the Association at
least five (5) days prior to such meeting. Such notice shall specify
the time and place of the meeting and in case of a special meeting,
the nature of the business to be transacted.
Section 6.
Those members in good standing, including Officers of this Association,
who are in attendance at a meeting, at the time and place designated,
after the required written notice has been mailed as required in
Section 5 of this Article will constitute a quorum no matter what
their number.
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ARTICLE 9 - Nomination and Election
Section
1.
Nomination of candidates for the various officers of the Association
shall be made by the members of this Association at the regular
meeting in November of each year.
Section 2.
The members of the Association shall nominate the name or names
of the members of this Association who desire to be candidates for
the office of President, First Vice-President, Second Vice-President,
Secretary, Treasurer, Sergeant-at-Arms, Parliamentarian, and two
(2) Board of Directors.
Section 3.
The election shall be held within thirty (30) days following the
nomination of the candidates, and shall be by secret ballot. The
ballots shall be of uniform size and shall be printed prior to the
election date, providing space for each of the various offices and
the nominees for that office.
Section 4.
The Secretary of the Association shall prepare and furnish ballots
and tally sheets and the names of the candidates to be voted on
to the membership of this Association.
Section 5.
It shall be the duty of the Secretary of the Association to canvass
the votes for each candidate or amendment, tallying the same on
tally sheets provided for this purpose. The Secretary shall, as
soon as possible, and without delay certify to the President the
number of votes case for each candidate. The President shall announce
the results of the election as certified to him by the Secretary,
and the candidate receiving the greatest number of votes for any
office shall be declared elected thereto.
Section 6.
The President shall be empowered to appoint a member of the Association
Pro Tem to perform the duties of a sick, disabled, or disqualified
Officer until such time as he is able to resume his duties or an
election is held, at which time an active member shall be elected
to fill the office.
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Section
1.
All proposed amendments to these By-Laws must be submitted in writing
to the Board of Directors for recommendation to the membership.
After reading the proposed amendment at two (2) meetings, it shall
be voted upon by secret ballot as provided by these By-Laws and
must pass a two-thirds (2/3) majority of the votes cast to become
effective. The By-Laws as amended shall become effective immediately
upon it being determined it was adopted by a two-thirds (2/3) majority
vote.
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ARTICLE 11 - Sphere of Activity
Section
1.
The Association as such is forbidden from engaging in any political
activity furthering the candidacy of any person or persons.
Section 2.
This Association shall not be availed of by any person to air or
question any rule or regulation of the San Mateo County Sheriff's
Office, as adopted by the Sheriff's Office, County of San Mateo,
or any rule or regulation that shall be adopted by the Sheriff's
Office, County of San Mateo at any time, or by any competent authority.
Section 3.
The President shall annually appoint a Committee of members of this
Association, which Committee may send gifts to person so designated
by this Committee shall prepare a set standard, including the maximum
amount to be expended, by which they will determine what classes
of persons shall be with any extraordinary expenditure to be approved
by a two-third (2/3) majority vote of the membership. Such gifts
to be paid in conflict with Article 5 Section 5 of these By-Laws.
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ARTICLE 12 - Effective Date of By-Laws
Section 1.
These By-Laws of the San Mateo County Sheriff's
Office Association shall be in effect, as amended, immediately after
tally of the votes cast show that each an every amendment has been
passed by a two-thirds (2/3) majority, and no preceding By-Laws
will be binding on this Association.
ALL MEETINGS OF THE ASSOCIATION
SHALL BE GOVERNED BY THE "Robert's Rules of Order."
Adopted in March,
1977
Revised in November 2002.
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SAN
MATEO COUNTY