BY-LAWS OF THE
Kern
County Detention Officers Association
Revised: August 12, 2008
BY-LAWS
Article One
1.1 The name of this corporation shall be the Kern County Detention Officers Association, referred to hereinafter as the “Association”, “Corporation”, or “K.C.D.O.A.”
1.2
The Kern County Detention Officers Association strives to improve the
wages, benefits, and working conditions of its members, through strong and
aggressive leadership.
1.3
The Kern County Detention Officers Association has incorporated under
Section 501 (c) (4) of the Internal Revenue Code of 1986 or the corresponding
provision of any future United States Internal Revenue Law.
1.4 Notwithstanding any other provision of these articles, this organization shall not carry on any activities not permitted to be carried on by an organization exempt from Federal Income Tax under Section 501 (c) (4) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue Law.
1.5
The corporation is a nonprofit corporation and no part of the net
earnings of the corporation shall go to the benefit of, or be distributable to
its members, trustees, officers or other private persons, except that the
corporation shall be authorized and empowered to pay reasonable compensation for
services rendered and to make payments and distributions in furtherance of the
purposes set forth in this Article One; notwithstanding any purposes set forth
in this Article One, and notwithstanding any other provisions of these Bylaws,
the corporation shall not carry on any other activities not permitted to be
carried on by an organization exempt from federal income tax under Section 501
(c) (4) of the Internal Revenue Code of 1986, or a corresponding provision of
any future United States Internal Revenue Law.
Principal Office
2.1 The principle office for the transactions of the business of this entity is located in 1010 Airport Drive, Bakersfield, California, 93308. The Board of Directors may change the principle office from one location to another, or establish additional offices as needed. Any change of these locations shall be noted and disclosed to the general membership within 72 hours of the move.
Membership
3.1. Regular Membership Status
All Kern County Detention Officers and Detention Deputies, including Senior, Sergeant, or other non-management ranks, employed by the Kern County Sheriff’s Department are eligible for membership in this Association, assuming all other requirements contained in these by-laws are met. In the event an association member is terminated, or voluntarily severs employment with the County of Kern, membership within K.C.D.O.A. is terminated.
3.1. (a) All legal matters and representation will be governed by the contract between K.C.D.O.A. and it’s affiliate. K.C.D.O.A. will not be responsible, or held liable, for any costs incurred by it’s members including but not limited to, legal, investigative, document duplication, or “ANY” other costs whatsoever.
3.1. (b) Any member of K.C.D.O.A. that acts in conflict or detriment of the good order and purpose of the association, may be expelled from membership. After allegations against a member have been investigated and/or substantiated, a simple majority vote of the Board of Directors will be sufficient to terminate K.C.D.O.A. membership.
3.1. (c) No person otherwise eligible for membership in the Association shall be denied membership because of race, creed, color, national origin, sex or political belief.
3.1 (d) Membership into K.C.D.O.A. is by application process. Any violation of section 3.1.(b), by any person submitting an application is grounds for refusal of K.C.D.O.A. membership.
3.2. Honorary Membership Status
The K.C.D.O.A. may designate people as an Honorary Member of the Association by a majority vote of the Board of Directors. They shall have only the social privileges of the Association, and have no voting rights nor be required to attend meetings. Honorary members will not pay dues and will not be entitled to any representation or legal defense by K.C.D.O.A. or their affiliates.
Officers
4.1. Officers of the Executive Board shall be: President, Vice-President, Secretary, Chief Financial Officer/Treasurer. An additional three members shall be added to the board by vote of the membership and collectively shall be known as the Board of Directors.
4.2. The Board of Directors shall perform the duties prescribed by the by-laws and the parliamentary authority adopted by the Association.
4.3. The Board of Directors shall be charged with the management of all business and affairs of the Association and the administration and preservation of all its assets, funds and properties whatsoever.
4.4. The Board of Directors is comprised of 7 positions including President, Vice-President, Secretary, Chief Financial Officer/Treasurer, and 3 Board Members. In the interest of K.C.D.O.A. stability, 4 positions (Vice-President and 3 Board Members) will be elected one year, and the remaining 3 positions (President, Secretary, and Treasurer) will be elected the following year. Elections will be held in the Fall, typically November, however the Board of Directors can authorize special elections as needed. K.C.D.O.A. members who intend to run for any available Director/Officer position must submit their letter of intent to run, and if they choose, provide a platform statement, by 1700 hours on the last Friday of October. Names of the candidates and election information will be posted for all members to see on the K.C.D.O.A. bulletin boards and K.C.D.O.A. website. Ballots will be prepared and a reasonable effort will be made to provide one to each member of the Association excluding members without voting privileges. The Board of Directors shall tabulate the results and post the outcome on the K.C.D.O.A. bulletin boards and website.
4.5. Newly-elected Officers/Directors shall take office effective the first board meeting of the following year (typically in January) and serve a two year term unless otherwise specified prior to the election.
Article Five
Duties
5.1. President
The President shall preside at all meetings of the Association and call to order all meetings. He shall sign and execute all contracts in the name of the Association when authorized to do so by the Board of Directors as representing the association, and perform all duties incidental to his office.
5.2. Vice-President
The Vice-President shall assume the duties and responsibilities of the President when the President is unavailable, and will assume any duties and responsibilities delegated to him by the Board of Directors.
5.3. Secretary
The Secretary shall keep a true and accurate record of the business conducted at all meetings of the Association. A recorded copy of the minutes shall be filed in the minute book, and a copy shall be available for the members. The Secretary can countersign drawn checks in the absence of either the President or Treasurer with the approval of the Board of Directors.
5.4. Chief Financial Officer/Treasurer
The Chief Financial Officer/Treasurer shall have the care and custody of all the funds and securities of the Association and deposit the same in the name of the Association in such bank or banks as the Association may elect. He shall sign all checks, notes, and orders for the payment of money, which shall be countersigned by the President or Secretary. He shall at all reasonable times exhibit his books and accounts to any member of the Association upon written application. Receipts will be given for all monies received. Cancelled checks and stubs will be kept for a period of three years for all monies disbursed. In exigent circumstances the President and Secretary can sign drawn checks in the absence of the Treasurer as authorized by the Board of Directors.
Article Six
Meetings
6.1. It is the intent of the Board of Directors to hold monthly meetings, but the length of time between meetings can be up to 3 months.
6.2. Board members, who miss 3 consecutive monthly meetings, barring exigent circumstances, will have their seat on the board vacated and filled by a majority vote of the Board of Directors
6.3. Special meetings of the Association may be called by the President and shall be called upon written request of at least fifty members.
6.4. All votes on business must be recognized by a motion, a second, and a subsequent vote of the present Board of Directors. Votes must be passed by a majority of those present, unless specified otherwise by the by-laws or parliamentary authority.
6.5. All voting must be vocal using “aye” for affirmative and “no” for negative, unless otherwise requested by any Officer.
6.6. In the event any vote results in a tie, the issue will be tabled until a majority vote can be reached
6.7. Items can be forcibly added to the next monthly meeting agenda with a petition
containing 10% of the current KCDOA membership.
6.8. Order of Business
Generally, the order of business for Association meetings will be:
a. Roll Call
b. Reports of Officers and/or Committees
c. Minutes of Previous Meetings
d. Treasurer’s Report
e. Unfinished Business
f. New Business
g. Input from Members
Article Seven
Committees
7.1. Committees will be appointed by the President or Board of Directors, from time to time, as deemed necessary to carry on the business of the Association.
Article Eight
Finance
8.1
Banking
All funds and monies of the corporation shall be deposited, handled and
disbursed, and all bills, notes, checks and like obligations and endorsements,
for deposit or collection, shall be signed by Chief Financial Officer/Treasurer
and countersigned by the Secretary, and/or any one other Director as designated
by a majority vote of the Board of Directors. In the absence of the Chief
Financial Officer/Treasurer, checks and like obligations and endorsements, for
deposit or collection, shall be signed by the Secretary and the Director with
financial authority as selected by the Board of Directors. Any officer or
persons performing said functions shall account therefore to the Chief Financial
Officer/Treasurer as and when the Chief Financial Officer/Treasurer may require.
All monies, funds, bills, notes, checks, and other negotiable instrument coming
to the corporation shall be collected and promptly deposited in the name of the
corporation in such depositories as the Board shall select.
8.2 Fiscal Year
The fiscal year of the corporation shall begin July 1 of each year and close on
June 30 of the following year unless otherwise provided by the Board of
Directors.
Article Nine
Recall
9.1.
To start a recall proceeding for anyone on the Board of Directors, a
petition signed by 35% of the KCDOA membership must be submitted to the Board of
Directors. Upon receiving the petition and validating the membership
signatures, the President will appoint a recall committee. The appointed
committee will examine all available relevant facts and return a recommendation
to the President and Board of Directors. If the committee finds that a recall
may be needed, the President may call for an immediate vote on the recall by the
Board of Directors, or call for a special election by the entire KCDOA
membership.
Article Ten
Parliamentary Authority
10.1. The rules contained in Roberts Rules of Order-Revised shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with these by-laws, or law.
Article Eleven
By-Law Amendment
11.1. These by-laws may be amended following a review from a by-law subcommittee and a subsequent vote of the committee’s recommendations by the Board of Directors.
Ratified this 12th day of August, 2008
____________________________
Kevin Dees
President
____________________________
Phil Morley
Vice President
____________________________
Anthony Leal
Secretary
____________________________
Martin Santillan
Chief Financial Officer /Treasurer