Enforcement Agents, Lodge 144
Constitution and By-Laws
of
Fraternal Order of Police
State Enforcement Lodge 144
Affiliated with the National and
State Lodge – Fraternal Order of Police
Chartered – 1981
Incorporated under the Laws of
Ohio as a Non-Profit Organization
Preamble
We, the men and women of the Department of Public
Safety, have formed this Fraternal Order of Police Lodge #144 for the following
purposes:
To encourage and actively promote the individual
proficiency of our members in the performance of their duties. In order
to accomplish this noble task, we strive to achieve a sense of fraternalism
and mutual helpfulness among our members and influence the conditions within
which our members perform their tasks. The Lodge will vigilantly advocate
and constantly strive for the uniform application of the Civil Service
system for appointment and promotion. Our efforts will utilize the entire
administrative judicial system that is available to us for the protection
of our members.
Additionally, we encourage a positive sense of
esprit de corps through the social, charitable and self improvement activities
of the lodge.
Wherever, in this constitution and by laws, "man"
or "men" related pronouns appear, either as word or as parts of words other
than with obvious reference to named male individuals, they have
been used for literary purposes and are meant for their generic sense (i.e.
To include all humankind – both-female and male sexes) . The lodge recognizes
that sex does exist, but does not recognize special provisions to any particular
variant of such.
Membership
The lodge may approve for membership any employee
of the Department of Public Safety who has within the scope of his actual
duties and/or classification the powers of arrest as mandated by statute
enacted by the legislature of the State of Ohio Any potential member who
qualifies may be nominated, either verbally or by written request, by a
current member in good standing. The verbal request must be made at a regular
membership meeting. An affirmation of the nomination is not required. A
written request must be addressed to the membership committee in a notarized
letter from the nominating member the membership committee will review
the nominated candidate for lodge membership. The committee may require
a personal appearance by the candidate before the membership committee.
After having made a thorough review of the nominee, the committee will recommend acceptance or rejection of the nomination to the lodge. Officers if rejection is forthcoming from the committee, the nominating member must also be notified of the decision, he may then invoke the "resolution of conflict" section of the lodge constitution lf an approval is given the nominee by the membership committee, the lodge secretary will schedule a vote of the regular membership. The vote will be at the regular membership meeting. A two-thirds (2/3) majorities of all members present is required to confer membership to the nominee.
In addition to the normal active membership this lodge shall have an “honorary" membership. This membership will be reserved for active members who have been in the lodge for minimum of (5) years before retiring from the Department of Public Safety. Upon retirement from the Department of Public Safety the active member may become an honorary member. This title will enable the member to attend all regular membership meetings with the privilege of expressing his opinion, but he may not cast any votes on issues. The honorary member may not hold the position of officer or trustee. He may serve on any committee if requested to do so by a majority of lodge officers. The honorary membership is dues free.
Communications
Due to the diversity of the membership work locations,
the lodge secretary will cause to be sent a "letter of information" to
each officer and trustee once every forty-five (45) days throughout the
calendar year. The content of said letter must be approved by the lodge
president. The first vice president can approve the aforementioned
letters, if the president has submitted a notarized letter of consent to
the lodge secretary. The authorization will specifically be for a
single instance, the entire calendar year, or any portion thereof.
No other method is condoned.
The date of all meetings will be brought to the
attention of the regular membership through the "letters of information."
The "letters-of -information" may consist of two parts -one "general" which
contains information of interest to the regular membership and shall be
made readily available to the regular membership by the trustee.
The second portion "restricted" should be limited to information from the
lodge officers to the trustee.
Any communication in the name F.O.P. Lodge
#144 or concerning any member of this lodge in which the relation of the
member to this lodge is implicit, shall be issued through the office of
the lodge secretary or with the express approval of the lodge secretary,
prior to issuance. The length of prior approval will be four (4) working
days during the time from Monday to Friday. The lodge secretary must
have prior approval from the lodge president, or his designated substitute,
for release of communications in the name of the lodge. The prior approval
must be obtained a minimum of twenty-four (24) hours prior to release.
Meetings
The lodge will be required to have a regular
membership meeting at which nominations for lodge officer positions
will be processed for the upcoming term of office. This meeting must be
convened a minimum of forty-five (45) days prior to the date upon which
the confirmation of the new lodge officers selection is made available
to the regular lodge membership. Each year at a regular membership
meeting, at least one social fund raising event must be planned for the
following year.
Dues
The amount of annual membership dues, to be paid
for the ensuing year, shall be recommended by the executive board. Such
Recommendation shall be voted on by the membership
in ballot form if there is a recommended change from the previous year.
A two-thirds (2/3) approval by all members in good standing will be required
to authorize a change in dues.
Members shall pay all dues and assessments for
the ensuing year, as adopted by the members, by one of the following methods:
A. Monthly payroll deduction. Members authorizing
payroll
Deduction shall sign an authorization card and
pay all dues and assessments in this manner. Members paying their dues
by the payroll deduction method will be considered current.
B. Annual payment. Members shall pay all
dues in the month of January.
C. Quarterly payment. Members shall pay
one-fourth (1/4) of their dues in January, April, July, and October of
the year that they are due.
Member in good standing
All dues and assessments have been paid by said
member as he is currently liable.
Member in arrears
Dues and or assessments more than thirty (30)
days but less than ninety (90) days will be considered delinquent and not
in good standing, and will not receive any benefits afforded by the lodge..
Any member 1n arrears in payment of dues or assessments more than ninety
(90) days shall be and is automatically suspended. Any member who
is delinquent, or has been suspended by a subordinate lodge for any reason,
shall not be eligible for membership in any other subordinate lodge until
such reinstatement in the original lodge of membership has been made.
A provision for reinstatement is made in the "suspensions, expulsions,
and reinstatement" section of this constitution. A member suspended for
any reason except for nonpayment or dues shall have the right of appeal
to the state lodge officers by the procedure as defined in the national
lodge constitution.
Officer/trustee
At least six meetings per calendar year will
be held four of which will be attended by all lodge officers and lodge
trustees. It is compulsory for all lodge officers and trustees to
attend four (4) required meetings. If an officer/trustee is absolutely
unable to attend either or both meetings, the lodge secretary will brief
the officer / trustee from the actual minutes of the meeting. The
officer / trustee will then sign a statement that he has been briefed and
includes into the notes any options or statements which he feels relevant
to discussed issues. The secretary must then cause to be sent to all officers
/ trustees a copy of the errant officer’s / trustee's inclusion.
All expenses caused by this action will be personally borne by the officer
/ trustee. Only the severest of illnesses or death in the immediate family
will alleviate the obligation of this expense.
Executive board
The executive board will meet, at least once
a year. This meeting may
Coincide with an officer / trustee meeting, but
each portion must be kept as a separate program.
Special
The lodge president can convene a "special" meeting
of the regular membership or any standing committee or executive board
or the officer / trustee unit. The "special" meeting must be for
a singular purpose and no other subject will be discussed at the meeting.
Constitution review
When a majority of lodge officers or a petition,
containing the signatures or a majority of members in good standing, states
that a review of the lodge constitution is in order, then the lodge president
must call for a constitutional review session by regular membership. This
meeting must be convened a maximum of three (3) weeks after the declaration
of opinion date as set by the majority officers of the final date of signature
on the petition. A requested review of by-laws can be handled without a
constitutional. Review meeting. The lodge secretary and lodge president
will decide the method by which a by-law dispute can be most fairly and
expeditiously resolved to the satisfaction of all members.
Standing rule
The membership of this lodge may enact "standing
rule(s)" to clarify a particular aspect of the constitution the "standing
rule" must not alter the intent of the constitution in any manner.
The lodge can utilize "standing rule(s)" as relatively
temporary measures to accomplish short term objectives, or for permanent
guidance of the lodge goals.
These rules may be amended at any regular membership
meeting subject to the following instructions:
A. Prior notice- if prior notice is given
it shall require a simple majority vote for passage.
B. No prior notice- if prior notice is
not given it shall require a two-thirds (2/3) majority vote for passage.
Associate lodges
F.O.P. Lodge #144 may form an associate lodge
by approving such a resolution at a regular membership meeting. The resolution
must receive a three-fourths (3/4) affirmation of all lodge members in
good standing and the approval by the State F.O.P. and State F.O.P.A
If the affirmation includes written votes by absent members the letters
must be notarized. An associate lodge must conform to the constitution
of the national, state of Ohio, Inc. and F.O.P. Lodge #144.
Rituals
The only exception to the above will be the finance
committee, the composition of which shall be later defined in this section.
All rituals conducted in this lodge will use
the manual of ri1uals as outlined by the 36th national conference fraternal
order of police in Norfolk, Virginia, 1963, as a guide by which to best
achieve our sense of unity.
Committees and their duties
Standing committees:
The standing committees shall consist of the
membership, legislative, investigative, social, and financial committees.
They shall consist of not less than three (3) or more than five (5) members.
Each and shall be appointed by the incoming president with the advice and
consent of the executive board. Their term of office shall
be for the same period as the appointing officer.
Membership:
It shall be the duty of this committee to obtain
new members and to prevent, if possible, the loss of members for non-payment
of dues or any other reason(s).
Legislative:
It shall be the duty of this committee to investigate
any complaint referred by the president and to recommend to the executive
board such action as they deem proper. At the discretion of the president,
they may assist the secretary's investigation of candidates for the associate
lodge.
Social:
It shall be the duty of this committee to arrange
for entertainment and social welfare of members of this lodge.
Finance:
This committee shall consist of the incumbent
president, secretary, treasurer and the incoming president, secretary,
treasurer and one trustee. It shall be the duty of this committee to draft
a workable budget for the fiscal operation of the lodge on a sound financial
basis. This budget shall be presented to the membership at a regular
membership meeting for the ensuing year.
The president shall, with the advice and consent
of the executive board, appoint the members of all committees herein listed
and any other not provided for herein.
Limitations placed on selection
of officers / trustees
No member shall be nominated, or be a candidate,
for more than one office at the same election. The right to hold the position
of an officer or trusteeship within the lodge is limited to those who do
not normally participate in the goal and / or policy formation process
within the liquor department. A member who is called upon at irregular
intervals to consult with members of the Ohio Department of Public Safety
concerning matters of policy and/or goal formation can still be considered
eligible for a lodge officer and / or trustee position; but only after
a vote of confidence is received by three-fourths (3/4) of all members
of good standing.
The question of a member's eligibility
in this situation can be raised either prior or after his assuming a position.
The method of broaching such a question of eligibility to the general membership
will be through the presentation of sufficient information to non-affected
lodge officers(s) the informed officer(s) will immediately notify all other
officers and trustees of the possible conflict of interest. If a majority
of all lodge officers agrees that a reasonable question or eligibility
could exist, the general membership must be requested to decide the matter.
In dealing with such a situation the lodge officers will be mindful of
all aspects involved and strive to ascertain a comprehensive presentation
for the consideration of the general membership.
A member can hold only one position as lodge
officer and / or only one position as trustee within any lodge term of
office. To be nominated for Lodge office or Labor Council position a member
must have been an active member in Lodge meetings by attending at least
four of the six meetings per calendar year. Any member serving on
active military duty will be exempt from this requirement.
Voting for Lodge Officers and Labor Council position will be held by ballot
within ninety (90) days of the signing of the Unit 2 Contract. Ballots
will be forwarded to Lodge Secretary via Shop Steward or U.S. mail. There
is no limitation upon the holding of an officership and a trustee position.
Each elected Lodge Office, appointed position and Labor Council position
shall be for the length of the Unit 2 contract.
Vacancies which occur in the lodge officership
will be immediately open for nomination from the membership, after the
official announcement of the vacancy has been made by remaining lodge officers,
through the office of secretary. It is not necessary to conduct a special
nomination meeting of the general membership after the official notification
of the vacancy(ies) all members of good standing can mail their nominations
to the secretary by registered mail with the actual nomination sheet being
notarized. A three (3) week period from receipt of postmark for nominations
will be allowed, at the end of which the secretary will compile a listing
of valid nominees. This listing will then be presented in the most expedient
manner to the membership for their selection to fill the vacancy.
Officers and their duties
Executive board:
This board shall consist of the President, First
Vice President, Second Vice President, Secretary, Treasurer, three (3)
Trustees and immediate past president. They shall have control and management
of the business, funds and property of the lodge subject only to the action
of the membership. The board may proclaim and enforce rules governing the
use of any property and have full power to act on all matters affecting
the affairs and well-being of the lodge. Their duties shall include the
care and holding in trust for the lodge of all stocks, securities and similar
property of the lodge in a manner that in their judgment is deemed to be
in the best interests of the lodge. Until invested, such funds shall be
kept deposited in a bank selected for that purpose by this body .
President:
The president shall have charge of and shall
preside at all meetings
Of the lodge and executive board and shall perform
all duty's incident to such office and such other duties as maybe required
of him by the membership and/or executive board. It shall be his
duty to open and close all meetings of the lodge. He shall appoint pro-tem
officers in case of absence. He shall communicate the password to all persons
entitled to receive same as well as to the lodge. He shall enforce and
uphold the constitution and by-laws of the fraternal order of police of
Ohio, 1nc., as well the constitution ~ by-laws of this lodge. He shall
decide all points of order or law arising in the lodge, subject to appeal
to the state lodge; as otherwise provided herein. He shall, in case of
a tie, have the deciding vote on any question except in elections.
He shall immediately notify the state lodge of any change in the office
of secretary, either at the time of election or between elections, giving
the new secretary's name, address and signature in his own hand. It shall
be his duty, along with the first vice president, to inspect the ballot
and report the results to the lodge .
First vice president:
The first vice president shall perform all ~
duties of, the president, in case of the president's absence he shall have
direct supervision of the guard at the door of the lodge. He shall perform
all other duties as may be required of him by the president of the lodge.
Second vice president:
He shall perform all duties of the first vice
president in case of the latter's absence. He shall perform all other duties
as may be required by the president of the lodge.
Secretary:
He shall keep an accurate record of all transactions
at meetings: regular, special and executive board of the lodge, and the
secretary will maintain a permanent listing of lodge officers by both chronological
and alphabetical occurrence. Before the meeting, following that of
which there is a record, he shall read the minutes for approval. He shall
keep all reports, petitions, appeals, claims and other communications sent
or received by the lodge and retain a copy of same he shall assist
in the transaction of business of the lodge and perform all other
duties as maybe required by the president of the lodge.
Treasurer:
He shall furnish a surety bond before assuming
the office, the amount or the bond to be decided by and filed with the
state lodge, the cost of which is to be paid by the lodge. He shall
keep a complete and accurate record of all monies received by the lodge
and maintain this record in the ledger provided by the lodge. He shall
draw the warrants against the funds of the lodge, said warrants shall be
countersigned by the, president. Such warrants shall be in the custody
of the treasurer as the authority for the expenditure of monies.
He shall post all monies to the income sheet as soon as they are received,
with such monies received being deposited as income in that month for which
they were received. It shall be the treasurer's duty to keep an accurate
account of all monies
Received and expended by him, ,report same to
the lodge at each regular meeting and to include the amount of money on
hand along with receipts and disbursements. He shall have his accounts
ready for auditing upon request of the state lodge, and failing this, shall,
on or before the second week in January, provide each trustee and member
of the executive board, a true and accurate copy of what will be the annual
report. The annual report shall include a balanced financial statement
of all fiscal activity of the previous year. It shall also include
a workable budget for the current year and any other financial matters
of interest to the board, the membership, or the trustees. He shall
issue all membership cards: regular, life and honorary, to members entitled
to receive same, in the same months as their monies are received.
He shall obtain from the Ohio Department of Public Safety a true copy of
all members on payroll by month. He shall make these copies and any
letters reflecting such participation a permanent record of the lodge by
including same records with the monthly income sheets. He shall forward
all payroll deduction cards to the respective payroll departments affecting
those members on same. The following shall be posted on the master membership
file cards in the same month as issued and received.
A. All dues, reinstatements and initiation
fees.
B. Certificates or transfer
He shall maintain a current list of all members
suspended in order to prepare the state per capita tax form. When notified
of a member change of address he shall cause to be prepared two (2) fraternal
order of police change of address cards; one to be forwarded to the State
Secretary, Fraternal Order of Police of Ohio, Inc., and the other to be
forwarded for local lodge change of address information. These procedures
to be performed on a monthly basis at least. He shall purchase from
the grand lodge, fraternal order of police, all fraternal order of police
merchandise to be sold at the local lodge level and / or secure permission
from same to sell merchandise with the seal of the fraternal order of police.
He shall maintain a current file of all active associate members which
is to be supplied by the associate lodge secretary. He shall deliver to
his successor in office, the seal of the lodge and all books, papers, receipts
and all other property of the lodge which may be in his possession as financial
secretary. He shall deliver to the lodge, upon leaving office, a final
report of all matters of which he has in any way been custodian.
Shall perform such other duties as may be required under the constitution
and by-laws of the grand lodge, or which may be subscribed in the ritual
of the fraternal order of police of Ohio, Inc. He shall perform all other
duties as may be required by the president of the lodge.
Chaplain:
Be shall be appointed by the incoming president
for a period of one (1) year. The duties of the chaplain are to open and
close each meeting with a prayer. The chaplain shall also perform all other
duties as directed by the president of the lodge.
Sergeant of Arms:
Be shall be appointed by the incoming president
for a period of one (1) year. He shall guard the door of the lodge
against intrusion, collect the password at the door and guard against unlawful
entry by persons seeking admission into the lodge. He shall keep an accurate
record of the individual members attending each meeting and shall provide
the secretary with a record of said members at the end of each meeting.
He shall perform all other duties as required by the president of the lodge
.
Delegates and alternates:
He shall be nominated and elected as positions
become open by a method presented to the general membership by the lodge
President. They shall attend all meetings, caucuses and / or conferences
as directed by the president of the lodge, their district trustee,
or the national trustee from Ohio. They shall perform such other duties
as maybe required by the president of the lodge.
Trustees:
The lodge officers in consultation with the membership
committee, will select members in good standing to function as trustee
for a specified geographical area in which lodge members are assigned by
the Ohio Department of Public Safety. In addition to performing his liaison
dut1es the trustee may also be requested to function on the executive
board. He will also be requ1red to participate at four (4) officer
/ trustee meetings per calendar year.
Removal from office
Any officer of the lodge who commits an act of
misfeasance, malfeasance or neglect in the performance of his duties as
an officer of this lodge, or any other misconduct , shall be removed from
office and expelled from the lodge. Notice stating the reason for same
shall be filed with secretary of the lodge, then notice shall be
given to the officer whose removal and expulsion is sought. Such
complaint shall be processed by the executive board, and their findings
shall be presented at the next regular membership meeting following the
presentation of the complaint. It shall require two-thirds
(2/3) vote of those members voting in favor, of such removal before the
office be declared vacant. All lodge members of good standing must
cast a vote.
Resignation
All officers except the secretary, treasurer
and trustee shall have the privilege of resigning at any time providing
no charges of any kind exist against them. The secretary, treasurer
and trustees shall present their resignation in writing prior to their
being acted upon. If the investigative committee reports their accounts
correct, their resignation may be accepted by the executive board.
Suspensions, expulsions &
reinstatements
Any member of this lodge, whose service or conduct
reflects discredit on the lodge or the law enforcement profession or who
carries the business of the lodge to outsiders, may be suspended or expelled
from the lodge and this order. Any executive board member failing
to perform his duties as required by this constitution and by-laws may
be charged for such acts. Charges shall be preferred in writing to the
investigative committee with a copy being presented to the executive board
on the same date. Timely notification shall be given such member(s) so
the may have the opportunity to present their defense. The recommendations
of the committee shall be presented to the executive board at the board
meeting. The board may present these findings and their recommendation
to the membership. All lodge members of good standing must cast a vote.
A. It shall require a two-thirds (2/3)
vote of the members voting before a member can be suspended or expelled.
All members who are suspended because of non-payment
of dues and / or assessment may be reinstated under the following conditions:
all applications for reinstatement shall be presented on the lodge floor
at a regular membership meeting and shall require two-thirds (2/3)
vote of the members voting for approval of such application.
B. By paying a reinstatement fee of twenfy-f1ve
(25) dollars, plus any dues and assessments owed
Members seeking reinstatement as a result
of their own personal choice in resignation from this lodge, and while
retaining their status as an employee of the Ohio Department of Public
Safety, may be reinstated under the following conditions:
A. All applications for reinstatement
shall be presented on the lodge floor at a regular membership meeting and
shall require two-thirds (2/3) vote of the membership voting for approval
of such application.
B. By paying a reinstatement fee of twenty-f1ve
(25) dollars, plus dues and assessments owed.
Resolution of complaints
Membership complaints should be channeled through
a trustee to seek an answer or initiate a procedure to resolve the diff1culty.
The trustee should actively seek assistance or information for an inquiring
member. If the member is not satisfied with the promptness or the
content of his trustee's answer the member may then have recourse to petition,
by use of a notarized letter, an officer of the lodge to resolve the member's
difficulty. The trustee should be present at the initial communication,
physical or otherwise, between the officer and member. If dialogue between
the member and officer is unsatisfactory to the member, said member may
pet1tion the secretary or the lodge for a timely meeting of lodge officers
to review the difficulty of said member. Timely meeting will be considered
as convenient to member and a simple majority of officers. The member
can waive having a presentation before a roster of all lodge officers,
but a majority of elected officers must be present. A reasonable time period
would be ninety (90) days from receipt of a member’s petition of a hearing.
If this time period is exceeded, the member has a right to cause a letter
to be drafted by the lodge secretary to the state lodge seeking their assistance
in the matter.
Standing rule #1
The list of guide lines that was drawn up by
the investigation committee in reference to the lodge loaning money to
members.
Standing rule #2
A member who has been an active member in the
lodge for a minimum of five (5) years and voluntarily chooses to retire
from the Ohio Department of Public Safety after a minimum of five (5) years
of employment may become a “retired member”; a retired member will continue
to pay the normal amount of lodge dues and continue in the same capacity
of a non-retired member.
Standing rule #3
The lodge treasurer will issue a check from the
lodge treasury for reimbursement of expenses incurred by officers, trustees,
and / or member who conduct authorized lodge business. The reimbursement
will follow the below guidelines:
A. The number of delegate(s) and alternate(s)
allowed by the state lodge to attend the annual F.O.P. convention will
be reimbursed for all reasonable expenses, to include but not be limited
to: lodging, meals, parking, convention fees, etc. Additionally,
the convention attendees will be paid mileage for use of personal vehicle(s)
at a rate that is currently allowed by the Internal Revenue Service (IRS)
for work related travel. Receipts will be required on actual expenses;
however, no receipts will be required for payment of mileage other officers,
trustees, and / or members who are requested by the convention delegate(s)
or alternate(s) or by the president of lodge #144 to attend any meeting
and / or function of the convention will be reimbursed for the cost of
the meeting and / or function, plus mileage at the above rate. The total
of all expenses shall not exceed $ 1200.00.
B. Expenses will be paid to not more than two
(2) attendees to each of the quarterly state lodge executive board meetings.
The attendees will be the lodge president or his / her designee and
one other lodge officer, trustee or member appointed by the president.
The attendees will receive reimbursement for all reasonable and actual
expenses, to include but not be limited to: lodging, meals, parking, etc.
Additionally, the attendees will be paid mileage for use of personal vehicles
at a rate that is currently allowed by the IRS for work related travel.
Receipts will be required for actual expenses; however, no receipts will
be required for mileage.
Standing rule #4
The lodge treasurer will issue a check
from the lodge treasury, collective bargaining fund, for reimbursement
of expenses incurred by the union representative associates, alternates,
lodge officers, trustees, and/or members who conduct official business
on behalf of the Ohio Labor Council reimbursement will follow the below
listed guidelines:
A. All reasonable and actual expenses incurred
while business is being conducted on behalf of the Ohio Labor Council will
be reimbursed. The expenses reimbursed will include but not be limited
to: lodging, meals, parking, supplies, communications, postage, etc. Additionally,
mileage will be paid for the use of personal vehicles at a rate that is
currently allowed by the IRS for work related travel. Receipts will
be required for actual expenses; however, no receipts will be required
for mileage. .