Constitution of the

Dallas Fraternal Order of Police,

Lodge 588

 

 
 

REVISED 12/07/06

CONSTITUTION
               
ARTICLE I
ORGANIZATION AND OBJECTIVE

This Lodge 588 shall be known as the Dallas Fraternal Order of Police

SECTION 2- PRINCIPAL OFFICE

The principal office of this lodge for the transaction of its business is located where the files and records are housed in the City of Dallas, Texas.  This lodge may also have offices at other such places, within or without the State of Texas, where it is qualified to do business, as its business may require and as the Board of Trustees may from time to time designate.

SECTION 3- OBJECTIVES OF THE LODGE

The objectives of this organization shall be to advance the professional, educational, economic, social welfare and safety of its members, and to achieve these and other purposes and objectives through collective bargaining, legislation, litigation, and other appropriate and lawful means beneficial to the collective membership.

SECTION 4- FISCAL YEAR

The fiscal year of the lodge shall end on December 31 of each year, unless otherwise provided by the Board of Trustees.

SECTION 5- CORPORATE SEAL

The corporate seal shall be that approved by the Board of Trustees.

ARTICLE II (Amended 08-18-04)

MEMBERSHIP

SECTION 1- QUALIFICATIONS FOR MEMBERSHIP              

            A.  Full Membership
                  
                  Full membership in the Dallas Fraternal Order of Police (D.F.O.P.) shall be                     confined to any full time public safety employee as defined by the City of Dallas, and those who enforce any ordinance and/or law, up to and including the rank of Sergeant or its equivalent. The right to hold elected and appointed offices shall be equal to all full members in good standing of this Lodge with the following exceptions: The Office of President must be held by a sworn peace officer in compliance with Texas State Lodge and the Grand Lodge Constitutions; any full member while assigned to the Internal Affairs Division, Public Integrity Unit or any internal investigative agency whose responsibility is to conduct investigations against members of its own department (This is to avoid conflict of interest).

                        1. Definitions and Titles of Full Members
                                   
                        a. Sworn peace officers as defined by the Texas Code of Criminal    Procedure shall be known as Members.

b. All full non-peace officer members shall be known as Associate   Members. Associate Members are entitled to full membership rights and privileges as Members except where noted as required by the Texas State Lodge or Grand Lodge Constitutions.

                        2. Special Full Membership Provision

a. Any full member that is in good standing and promotes to a civil service rank above that of sergeant or its equivalent, will have the right to remain a full member. These full members will not be eligible to run for elected office as to avoid any conflict of interest between upper management and rank and file. This section applies to past members of the Dallas Police Patrolmen’s Union Local 588 who were unable to remain members due to promotion.
 
B. Auxiliary Membership
 
     Any immediate family member eighteen years of age or older of a Member or Associate Member may become a Dallas Fraternal Order of Police Auxiliary Member with the following exceptions: If the Member or Associate Member terminate their membership, then the Auxiliary Membership will terminate; an Auxiliary Member can- not be a convicted felon; they must reside in the State of Texas if they want insurance purchase privileges. 

            1. Definitions

a. A convicted felon shall be any person who has pled or been found guilty in any juvenile, state, or federal court of an offense defined as a felony within the jurisdiction of the conviction. This shall include sentences that are probated. 
b. An immediate family member shall include spouse, children (blood or adoption), parents, siblings or any related family member, as defined by any Texas State Law, which resides in the same household.

2. Limitations of Auxiliary Members

            a. No legal assistance.

            b. No right to vote in any D.F.O.P. elections except for their Auxiliary Representative.

            c. No right to vote at any D.F.O.P. meetings.

            d. No Retiree Membership (This does not exclude an Auxiliary Member from maintaining his or her Auxiliary Membership if a Member or Associate Member take a Retiree Membership). 

            e. No line of duty death benefits

            f. No Texas State Lodge or Grand Lodge benefits

            g. One non-voting Representative on the Board of Trustee’s.

3. Dues

            a. The Board of Trustees will establish and set the dues for all Auxiliary Members.

SECTION 2- MEMBERSHIP UPON RETIREMENT

Any member in good standing who retires from active service with their department on pension for any reason shall continue his or her membership in this Lodge as a dues paying member. The dues will be set for retirees by the board of trustees.

SECTION 3- APPLICATION FOR MEMBERSHIP

Application for membership in this Lodge shall contain the name, date of birth, and residence address of the applicant, and other information deemed necessary by the Board of Trustees.  All such applications must be in writing upon the form approved, prescribed and furnished by the Board of Trustees.

SECTION 4- DUES, FEES, AND ASSESSMENTS (Amended 12/07/06)

  1. All members, except Auxiliary members or the exception in part 2 of this section, shall pay dues of 1% of a starting police officer’s salary per month.  Assessments, in addition to dues, may be levied by a majority vote of the membership should the state of the treasury require it.  The dues structure fee may be changed by a majority vote of the membership.  Dues will be collected by payroll deduction, which will be signed upon application for membership.  A special assessment shall be levied against all members each time a member is killed in the line of duty.  Such assessment shall be equal in amount to the regular monthly dues of this lodge, and a separate assessment shall be collected for each member killed in the line of duty.  In the event there is more than one death in a month, extra dues will be assessed at the rate of one complete assessment per month per member.  All monies collected as a result of this assessment shall be delivered to the beneficiary or beneficiaries of the deceased member by a member of the Board of Trustees as soon as is practical.  A member shall be considered killed in the “Line of Duty” if the United States of America Government, State of Texas, City of Dallas, The Dallas Police and Fire Pension Board, ,or recognized court of law has ruled as such.  Beneficiary or beneficiaries shall be determined in accordance with Texas law or a court having jurisdiction to make such a ruling.
  2. Associate Members shall have the right to either pay the full dues of 1% of a starting police officers pay per month or 10 dollars per month.  However, if the dues of 10 dollars a month are selected, the associate member will no longer have the right to legal services of the DFOP.  The associate member will be allowed to make this decision when he/she joins.  After that, the decision to change dues will only be allowed annually during the month of January.

 

SECTION 5- SUSPENSION FOR NON-PAYMENT OF DUES AND ASSESSMENTS

Except as otherwise provided in this Constitution and Bylaws, any member of this Lodge who has failed to pay his dues and/ or assessments as required herein, shall stand automatically suspended from membership, effective the second Thursday of the month immediately following the calendar month for which his dues have not been paid, however a suspended member may file his application on such form as may be prescribed by this Lodge for reinstatement.  Reinstatement to membership in good standing as herein provided shall be subject to payment, all back dues and/or assessments and the approval of the Board of Trustees.

SECTION 6- TERMINATION, SUSPENSION, OR ASSESSMENT OF MEMBERSHIP

A. Termination

Termination is defined to mean permanent loss of rights of membership in the Lodge, including such benefits and privileges pertaining thereto.

B. Suspension

Suspension from this Lodge is defined to mean the temporary loss rights of membership for a specified length of time. While on suspension from the Lodge, members shall continue to pay dues or shall be subjected to termination under the provisions set forth.  Suspended members shall retain all benefits of their membership which is not paid for be their Lodge dues.

C. Grounds for Termination

Except as provided elsewhere in this Constitution and By-Laws, membership in this Lodge will terminate for the following reasons except that members may be suspended or subject to assessment under sub-paragraph 9 below in lieu of Termination:

  1. Abandonment
  2. Withdrawal;
  3. Non-payment of dues;
  4. Surrender of membership
  5. Non-payment of assessments;
  6. Death of member
  7. Resignation from member’s department;
  8. Removal from position with member’s department
  9. Any member of the Lodge found guilty of action or misconduct against the welfare of the Lodge as follows;
      1. Refusal of failure, without justifiable cause to comply with or abide by a valid decision of this Lodge;

 

      1. Committing any act of fraud, embezzlement, larceny or misappropriation of any funds or property or other thing of value of the Lodge, or refusing, failing or neglecting to comply with the provisions of the Lodge Constitution and By-Laws or Executive Board order requiring a full and accurate accounting of all funds, property, books and records for examination and audit;
      1. Acquiring membership in the Lodge or International Lodge by fraud, false representation or deceit;

 

      1. Engaging in conduct detrimental to the best interests of the Lodge or which places or tends to place the Lodge in disrepute with other labor organizations, the employer, or the public;
      1. Conduct unbecoming a member of the Lodge provided however, that use of this provision shall be valid only when charges are set forth in specified terms, specifying the act of conduct alleged to be unbecoming a member;

 

      1.  Failure or refusal to abide by the rules or order or parliamentary procedures established for the conduct of meetings of the Lodge.

SECTION 7 – AUTHORITY OF THE BOARD OF TRUSTEES (Amended 12-02-04)

  1. The Board of Trustee’s shall have the authority to decide by majority vote any matter not covered by this constitution or by-laws.

 

  1. If there is a disagreement to the interpretation of this constitution or by-laws, the Board of Trustee’s shall have the authority to decide its meaning. This decision of the Board in this matter will be final unless over ruled by a court that has legal jurisdiction to do so or by amending of this constitution or by-laws.

SECTION 8- CHARGES, NOTICES, HEARING AND APPEALS

Any member may prefer charges of misconduct as defined in Section 6, paragraph C, sub-paragraph 8, against any member of the Lodge.

  1. Submission of Charges

 
All charges shall be submitted in the following manner.  The charges shall be in writing in affidavit form; they shall be signed by the member(s) preferring charges; the charges shall contain a statement of the facts out of which the charges arise and shall set forth the specific act alleged to constitute the misconduct, including the dates, places, and persons involved.  They shall refer the specific article, section and/ or sub-section of the Lodge Constitution or By-Laws which has been violated.

  1. Notices of Charges and Hearing

 

The notice of charges shall be served upon the accused at least fifteen (15) calendar days in advance of the date of the hearing to be held before the Executive board.  The Executive board shall give the accused an opportunity to defend him against the charges and shall in all instances afford the accused a full and fair hearing.  After conducting a fair and open hearing, the full Board of Trustees shall make a decision to recommend termination, suspension, or retain the accused as a member of good standing.  A majority vote of the members of the Board of Trustees shall be the determinative of the charges.

  1. Hearing Appeals

 

In the event a member is sanctioned by the full Board of Trustees, the member, may appeal the sanction to the membership of the Lodge at the next regular meeting.  A majority of the membership at the meeting shall determine the sanction, if any, to be imposed.

SECTION 9- EFFECT OF TERMINATION

Whenever any membership has been terminated in any manner, the person whose membership has thus terminated and all persons claiming under, by or through such person shall not be entitled to any refund for dues or fees paid into or contributions or donations made to this Lodge, not any claim whatsoever upon any of the funds, benefits or property of this Lodge.

SECTION 10- LEGAL REPRESENTATION DURING APPLICATION AND TERMINATION

Any on going investigation assistance provided or approved by the Board of Trustees and/or guaranteed by membership of this Lodge, will not be terminated upon withdrawal with exception of termination under Section 6 sub-section C, 1,3,5,9.  On going investigations which exist-prior to application to the Lodge will not be covered by this Lodge

SECTION 11- MILITARY LEAVE

Members of the Lodge in good standing entering the military service during a national emergency or leaving their department on account of compulsory service in any capacity in connection with the National Defense in time of war or other national emergency shall be carried as a non-paying member until his return to his respective department, providing however, that any such member has returned, to active duty with his department within five years of the date of leaving or within the time limits set with the individuals policy or city charter.

SECTION 12 - VOLUNTARY LEAVE

As long as a member of this Lodge is in good standing, whenever he is on official leave of absence from the members department for any cause whatsoever (for a specific time) such member shall pay his dues in advance to the Treasurer of this Lodge.

SECTION 13 – INJURED MEMBERS (Amended 12-02-04)

Any member in good standing that is injured in the line of duty and is unable to pay their dues because the City of Dallas has discontinued their salary continuation pay, shall be carried as a non paying member until they return to duty or are required to take a disability retirement.

A. Any injury recognized by the City of Dallas, State of Texas, or the Dallas Police and
                 Fire Pension Board as a line of duty injury shall be considered as in the line of duty                 for the purpose of this section.

SECTION 14 – DISABLED MEMBERS (Amended 12-02-04)

Any member in good standing that is injured in the line of duty and is required to take a disability retirement with less than 20 years of service shall be carried as a non paying retired member.

ARTICLE III

SECTION 1- ELECTED OFFICERS

The elected officers of this Lodge shall be a President, Vice-President(s), Secretary, Treasurer, Sergeant-at-Arms and Trustees.

Two Trustees shall be elected for, sub-station, bureau, division and division/shift. No less than four, and no more than eight Trustees elected to the division/shift shall be cross-trained and currently certified in the field of paramedic.

Any group, designated by a specific payroll code shall be allotted the following representation:

  1. From 1 to 30 members, a trustee shall be authorized. For every 30 members after, another trustee shall be allotted. Once a membership for that particular payroll designation reaches 200, a Vice President will be authorized and all authorized trustee position can be filled.

 

  1. Every year, membership will be reviewed to insure proper representation is

       maintained. 

SECTION 2- APPOINTED OFFICERS

The appointed officers of this Lodge shall be the Assistant Secretary-Treasurer, Parliamentarian, Director of Member Services, Director of Public Relations, and State Trustee(s).

SECTION 3- POWERS OF ELECTED OFFICERS

All of the elected officers named and described in this article shall be the governing body and shall have legal custody, control and management of all funds, property and effects of this Lodge, except those powers of control and management vested in the membership as defined in Article V.

SECTION 4- POWERS OF APPOINTED OFFICE

.           A. The appointed officers of this Lodge shall have no voting power on the Board                                                              
Trustees and shall act only in the capacity as prescribed for the duties of that office.
 
B. An exception to the above will be an appointed office filling in for an elected official, which will need prior approval to the next scheduled board meeting by the board of trustees.

SECTION 5- POWERS OF THE MEMBERS

 The Powers of this Lodge shall be vested in its membership, subject to those specific powers and authorities granted to the Board of Trustees by the members as defined by this Constitution and By-Laws.

SECTION 6- TERMS OF OFFICE (Amended 11-03-05)

A. Elected Officers

The President, Vice President(s), Secretary, Treasurer, Sergeant-at-Arms and Trustees shall begin their term of office on the first Thursday that is a normal working day of January of the year following the election.

The President shall hold office for a term of two (2) years, or until his successor has been duly elected and qualified.  He shall be elected in odd numbered years.

The First Vice-President shall hold office for a term of two (2) years, or until his successor has
been duly elected and qualified.  He shall be elected in even numbered years.

The Second Vice President shall hold office for a term of two (2) years, or until his successor has been duly elected and qualified. He shall be elected in odd numbered years.

The Secretary shall hold office for a term of two (2) years, or until his successor has been elected and qualified.  He shall be elected in odd numbered years.

The Treasurer shall hold office for a term of two (2) years, or until his successor has been duly elected and qualified.  He shall be elected in even numbered years.
The Sergeant-at-Arms shall hold office for a term of two (2) years, or until his successor has been duly elected and qualified. He shall be elected in odd numbered years.
Each Trustee shall hold office for a term of two (2) years each. Trustees elected to an odd number position will be elected in odd-numbered year. Trustees elected to even number position will be elected in even numbered years. Trustees elected to the Dallas Marshal’s office shall be held in even numbered years. Trustees elected to non numbered Dallas Police Department positions shall be held in even number years.

There shall be no limit placed upon the number of terms of office, consecutive or non-consecutive, which may be served by any elected officer of this Lodge.

The terms of office for all elected officers will expire on the first Thursday that is a working day in January each year upon the completion of the designated periods of service for that particular office. Such expiration shall take place on the completion of the administering of the Oath of Office to all incoming officers for those positions concerned.

B. Appointed Officers

The Assistant Secretary-Treasurer, Parliamentarian, Director of Member Services, Director of Public Relations, and State Trustee(s) shall be appointed by the President and confirmed by a majority of the Board of Trustees for term of office not to exceed the term of office of the appointing President for until a successor has been appointed, approved and sworn.

SECTION 7 – DUTIES OF OFFICERS (Amended 11-03-05)

A. President

The President shall call and preside at all meetings, appoint committees provided that the Board of Trustees shall confirm committee appointments by majority vote, sign as President all certificated of membership which have been accepted by the members in attendance at the regular monthly meetings of this Lodge, and shall perform such duties as may be consistent with his office.  The President shall be an ex-officio member of all committees.

B. Vice-President(s)

1. The First Vice-President shall preside in the absence of the President and perform such other duties as directed by the President and the Board of Trustees.

2. The Second Vice President, when necessary, shall assist the President, First Vice President, and the Secretary carry out their duties. If the Secretary or Assistance Secretary-Treasurer are unable or unwilling to carry out the duties of the Secretary, the Second Vice President shall perform these duties.  

C. Secretary

The Secretary shall keep, or cause to be kept a record of all the proceedings of the Board of Trustees and of all and general membership, and every other record made under or required by the provisions of the Constitution and By-Laws of this Lodge, except those required to be kept by the Treasurer, and to receive and file all correspondence and other papers.  He shall serve, issue and publish all notices required to be given, prepare all ballots under the direction of the Board of Trustees prepare all certificates of membership, and other certificates or records required to be prepared and keep a complete record thereof.  The Secretary shall keep a record of all members who have been suspended, withdrawn, terminated, or assessed under the provisions of the Constitution and By-Laws of this Lodge and shall report such records to the Board of Trustees monthly.

The Secretary shall assist the President, Vice-President and the Finance Committee to prepare a yearly budget of the funds of this Lodge and shall assist the Board of Trustees in its deliberation regarding the passage of such a budget.

The Secretary shall call upon the Assistant Secretary-Treasurer to assist in the carrying out of these duties. In case of absence, inability, refusal or neglect of the Secretary to perform any of the duties of his office, the Second Vice President and/ or the Assistant Secretary-Treasurer may preform such duties.

D. Treasurer

The Treasurer shall receive all applications and monies for membership, and forward applications to the Secretary.  He shall certify members in good standing.

The Treasurer shall assist the President, the Vice-President, and the Finance Committee to prepare a yearly budget of the funds of this Lodge and shall assist the Board of Trustees in its deliberation regarding the passage of such a budget. The Treasurer shall receive, disburse and/or dispose of record of all dues of this Lodge, receive, disburse and/or dispose of and keep a record of all donations, gifts, bequests, and contributions made to it, or monies belonging to this Lodge, in the manner provided herein or as otherwise directed by the Board of Trustees.  He shall receive all funds of this Lodge and shall dispose of or invest such funds under the direction of the Board of Trustees and shall keep an accounting of all receipts and disbursements of the funds of this Lodge.  The Treasurer shall, upon taking office, notify each member of the Board of Trustees in writing as to the name of the bank, its location and the manner in which the records are kept, and shall immediately upon any change in the location or manner in which the records are kept, notify each member of the Board of Trustees in writing, stating the reason therefore. Every month, the Treasurer shall file reports concerning all financial transactions, after such reports have been reconciled. These reports will be kept in such a way that any member can view them on demand.   

The Treasurer shall give each member of the Board of Trustees in writing and a verbal report to the general membership, a financial report at the beginning of each monthly general meeting of this Lodge.  All checks, drafts, and notes of this Lodge shall be signed by either the Treasurer, President, Vice President(s) or Secretary and countersigned by either the Treasurer, President, Vice President(s) or Secretary. The signer and counter signer must be a different person.

A petty cash fund may be maintained by the Treasurer in a sum of not more than one-hundred dollars, to be replenished upon sufficient proof to the Board of Trustees that the monies were spent in the interest and welfare of this Lodge. The Treasurer shall submit the financial records and any and all other records of this Lodge deemed necessary, to the finance Committee or a certified public accountant, annually for a complete audit of the financial business of this Lodge as directed by the Board of Trustees. The audit is to be completed and include all transactions up to and including December 31 of each calendar year, a copy shall be made available no later than April 15th of each year.  The Finance Committee or certified public accountant shall be appointed by the President and approved by the Board of Trustees.  The fees for, and borne by and paid for out of funds of this Lodge.  The Treasurer shall call upon the Assistant Secretary-Treasurer to assist in the carrying out of these duties. In cases of absence, inability, refusal or neglect of the Treasurer to perform any of the duties of this office, the Assistant Secretary-Treasurer, including voting rights, may perform such duties.

E. Trustees

It shall be the duties of the Board of Trustees to conduct, manage, govern, execute and administer all the affairs of this Lodge; to control and supervise the handling of all of its funds and property; to cause to be kept a complete record of all meetings and acts; to supervise all officers and employees of this Lodge and to see that their duties are properly performed; cause membership certificates, and other certificates required to be issued on all applications which have been approved and accepted; and to pass upon all matters pertaining to the affairs of this Lodge.  The Trustees shall supervise the funds of this Lodge by receiving and approving the budget governing the operations of this Lodge no later that the first regular meeting of the Board of Trustees in March of each year.  Provided, however, that the Board of Trustees shall be guided according to the passage of non-passage of any matter voted on by the membership as set forth in Article V, Section 4 and 6.

Five, (5) Members of the Board of Trustees shall constitute a quorum.

Members may not hold more that one (1) elected office.

The President shall appoint a Grievance Committee, with the approval of the Board of Trustees, which shall investigate all grievances, within thirty (30) days of receipt of such grievances from the Board of Trustees, and report a recommended course of action for each grievance to the Board of Trustees for its approval.

F. Assistant Secretary-Treasurer

The Assistant Secretary-Treasurer shall be appointed from the membership by the President, or until a successor has been duly appointed, approved and sworn.

The Assistant Secretary-Treasurer shall perform those duties set forth in this section for the Secretary and Treasurer, at the direction of the Secretary or Treasurer’s absence, and perform other duties as the President or Board of Trustees may direct.

Provided, however, that the Assistant Secretary-Treasurer shall not have the authority to sign or countersign checks, or disburse monies, for this Lodge.

In case of the absence, inability, refusal or neglect of the Assistant Secretary-Treasurer to do or to perform any of the duties of this office, any member so directed by the President and approved by the Board of Trustees may perform such duties.

            G. Past President

The Past President shall be a voting member of the Board of Trustees. (Amended 11-06-03)

H. Parliamentarian

The Parliamentarian shall be appointed from the membership by the President and approved by the Board of Trustees, to a term of office not to exceed the regular term of office of the appointing President, or until a successor has been duly appointed, approved and sworn.

The Parliamentarian will rule on all points of order at all meeting of the Board of Trustees and of the general membership where order is or may be in conflict with Modern Parliamentary Procedure, unless otherwise specified in the Constitution and By-Laws of this Lodge.

I. Sergeant at Arms

The Sergeant at Arms shall see that the conduct of all persons in attendance at all meetings shall be peaceful and shall expel or eject any member creating an undue disturbance, and any and all persons not authorized to be in attendance.

The Sergeant at Arms shall attend all other meetings of the Board of Trustees and general membership and will exercise the duties of his office.

The Sergeant at Arms shall cause a record of members in attendance to be kept showing all those attending all regular general membership meeting and any special general membership meetings.  Such record will be submitted to the Secretary and will become a permanent record of this Lodge.

J. Director of Member Services

The Director of Member Services shall coordinate the benefits provided to members of the lodge and report to the board the status of available benefits.

            K. Director of Public Relations 

The Director of Public Relations shall coordinate all relations with the press to include but not limited to press releases and press conferences.

            L. State Trustee(s) shall represent this Lodge at all Fraternal Order of Police Functions. The State Trustee(s) shall vote as directed by the board of trustees and shall report actions taken. The State Trustee(s) shall be appointed from the lodge trustees. If no lodge trustee is willing or able to perform this duty, the President or other elected board member may serve as State Trustee(s). (Amended 11-06-03)

SECTION 9- SUCCESSION OF COMMAND (Amended 11-03-05)

If at any time the President, refuses or is unable or disqualified to act, the First Vice President shall succeed the office. If the Vice President refuses or is unable, or disqualified to act, the order of succession shall be the following: Second Vice President, Secretary, Treasurer, Sergeant at Arms, State Trustee, and most senior lodge trustee. (Amended November 6, 2003)

            A. Seniority of a lodge trustee shall be determined in the in the following manner: Length of time as a trustee, length of time as Dallas Fraternal Order of Police (DFOP) member, length of time as City of Dallas employee. (Amended 11-06-03)

SECTION 10- VANCANCIES FILLED BY APPOINTMENT

In the event that any permanent vacancy should occur in any office, the same shall be filled by appointment made by the President with the consent of the majority of the remaining members of the Board.  Such appointment must be made within thirty (30) days of the position being permanently vacated.

A majority of the Board of Trustees may make appointments to any vacant position if the President does not meet the requirements recommending a member for appointment within thirty days after such position becomes vacant. Such appointee shall hold office until his successor has been duly elected at the regular election following the date of such appointment, and qualified, except as provided in section 6 of this article.

SECTION 11- ANNUAL OPERATING BUDGET

No later than the first regular meeting of the Board of Trustees in the month of February of each year, the chairman of each standing, ad hoc, or special committee will submit an Annual Operating Budget for that committee to the Board of Trustees and the Finance Committee for their scrutiny and comments.  The Finance Committee will prepare the Annual Operating Budget for this Lodge.  Such budget will be prepared in such a manner that would meet the requirements of a prudent businessperson, using well-founded accounting principles.

Final approval by the Board of Trustees of the Annual Operating Budget will be made no later than the first regular meeting of the Board of Trustees in the month of March of each year and will cover the period on one year.  No expenditures may be made without an approved budget, after the last day of February of each year, unless such expenditure is approved by the membership present.

On approval and acceptance of the Annual Operating Budget, the Board of Trustees will publish such budget, providing a copy of it to all the elected and appointed officers of this Lodge. The operating budget of this Lodge will never by withheld from the membership of this Lodge and will be prepared and be available for any members study.  Such copy will be kept at the offices of this Lodge or with the Secretary.  Additionally, all budgets after adoption will become permanent records of this Lodge and will be maintained in the files of this Lodge.

SECTION 12- ELECTION COMMITTEE

The President shall, at the first regular Board meeting of his term, appoint, with the approval of the Board of Trustees, a chairperson of the Election Committee who shall serve for a term of office not exceed the regular term of office of the appointing President, or until a successor has been duly appointed, approved and sworn.  The chairperson shall appoint members to serve on the Election Committee who shall serve under the direction of the chairperson.

The chairperson and members of the Election Committee may not be candidates for any Board of Trustees office not is presently serving on the Board of Trustees while serving on the Election Committee.

The duties of the Election Committee shall be to supervise and coordinate the holding of all elections of the Lodge; prepare all ballots; provide voting places; serve as election judges; tabulate and certify the results of any such elections to the Board of Trustees.  The Board of Trustees will then vote to approve or disapprove the certification of the election and their decision will be final.  The Election Committee shall report their certification of the results of the election within seventy-two hours after the close of the balloting to the Board of Trustees.

SECTION 13- AD HOC COMMITTEES

Ad hoc committees may from time to time be appointed by the President, with the approval of the Board of Trustees, consisting of such numbers of members as shall be decided by the Board of Trustees, whose duties it shall be to carry out the purpose has been accomplished.

SECTION 14- FINANCE COMMITTEE

The President shall on or before January 15th of each year, appoint a Finance Committee consisting or three member who shall serve as chairperson, whose duty it shall be in addition to the duties of the Finance Committee described in Section 11 of this Article, to scrutinize the various financial records of this Lodge semi-annually, and report their findings, in writing, to the Board of Trustees and not later than July 31, and December 31 of each year.  In addition to the President, Vice President and Treasurer shall be ex-officio members of the Finance Committee.

SECTION 15- TERMS OF COMMITTEE

Each committee as herein provided shall serve until its duties shall have been fulfilled and completed and the President has discharged it, unless sooner discharged for any cause.

SECTION 16- PROCUDURES FOR OATH OF OFFICE

The oath of office shall be administered to all elected and appointed officials of this Lodge the day of their assumption of their respective elected or appointed offices.

The President will administer the oath of office to all incoming, reelected, appointed, or reappointed members of the Board of Trustees.

Any incumbent member of the Board of Trustees or religious leader of any other respected member of the community of the President’s choosing may administer the oath of office to the incoming or reelected President.

The oath of office shall read as follows:

            I, (name in full), elected by the members of the Dallas Fraternal Order of Police as (name of office), do solemnly and faithfully swear and affirm, that I will support the Constitution of the United States and the State of Texas.  I do solemnly and faithfully promise to be loyal to the Dallas Fraternal Order of Police and to support its Constitution and By-Laws and, to the best of ability, will strive to instill in the members the spirit of fellowship, cooperation, and a concern for the well being of all.  So help me God.

ARTICLE IV

IMPEACHMENT AND REMOVALS OF OFFICERS

SECTION 1- CAUSES FOR IMPEACHMENT

Any officer of the Lodge, elected or appointed, may be recalled or removed for any willful neglect of the performance of the officer’s duties or for any willful act inimical to the welfare of the Lodge including, but not limited to the following:

  1. Refusal or failure without justifiable cause to comply with or abide by the provisions of the Grand Lodge Constitution, Texas State Lodge Constitution or this Constitution and By-Laws; refusal or failure without justifiable cause to comply with or abide by a valid decision of this Lodge.

 

  1. Committing any act of fraud, embezzlement, theft, or misappropriation of any funds or property or other thing of value of the Lodge, or refusing, failing, or neglecting to comply with the provisions of the Lodge Constitution and By-Laws or with a Board of Trustees orders requiring a full and accurate accounting of all funds, property, books and records for examination and audit.
  1. Acquiring membership in this Lodge, Texas State Lodge or Grand Lodge by fraud, false representation or deceit.

 

SECTION 2- CHARGES

All charges shall be in writing; they shall be signed by the members preferring the charges and contain the signatures of not less than 10% of the membership of this Lodge; the charges arise and shall set forth the specific act(s) alleged to constitute the misconduct of neglect, including the dates, places, and persons involved.

They should state the nature of the violation alleged and shall refer to the specific article and section of this Constitution, which has been violated.

SECTION 3- NOTICE OF CHARGES

  1. A notice of charges and a copy of the charges signed by the President shall be served on the charged officer at least twenty calendar days in advance of the date of the hearing.

 

  1. The notice of charges shall be issued by the Board of Trustees on receipt of charges by the member(s).  Such notice shall contain a copy of the specific charges and the date on which a hearing will be held.  Such notice shall be issued and posted on Lodge bulletin boards no later than twenty calendar days prior to the date of the hearing.  Provided, however, that the posting of such notice may be accomplished by alternative means as described in Article V, Section 2.  If the officer against whom charges are pending should be the President, the Vice-President, or any other member of the Board of Trustees shall sign such notice of suspension.

SECTION 4- HEARING

  1.  The officers charged shall have the right to a full, fair, open and impartial hearing before the full Board of Trustees on the matters concerning the charges preferred.  Any charged officer may waive his right to the hearing and resign under protest.  Any such hearing shall be held no later than thirty days after the Board of Trustees has received any statement of charges.  No subject or additional charge may be discussed other than those specific charges contained in the notice of charges.

 

  1. The hearing shall be open to any members wishing to attend.  Testimony may be heard from the members bringing the charges from and from the accused officer.  The accused officer shall have the right to cross-examine any person offering testimony against the accused officer.
  1. After having heard all the arguments for and against the charged officer, the Board of Trustees shall vote on whether or not to sustain the specific charges or any part of the charges.  If, in the reasoned opinion of at least a majority of the members of the Board of Trustees, the charges are sustained, the members and shall call a special election for the recall and removal of the charged officer.  Such election shall be held no more than sixty days from the date of the notice of charges.

 

 

 

SECTION 5- RECALL ELECTION

  1. The recall election will be held for only this reason and the ballot shall contain no other item or election.  The ballot shall read:  FOR______________

                                           AGAINST ______________

“The recall and removal of (name of accused) from (position)”.

  1. If at least two-thirds of the members voting in the recall election shall vote for the recall and removal of an officer, the Board of Trustees shall there upon declare such office vacant forthwith.

 

  1. If the Presidency is declared vacant, the First Vice-President will assume the office of President, until the completion of that term.  The then vacant office of the First Vice President will be filled by appointment of the President with the approval of the Board of Trustees.  All such appointments shall be for the remainder of whatever term of whatever office is being filled. (Amended 11-03-05)

SECTION 6- BOARD OF TRUSTEES REQUEST FOR REMOVAL

A two-thirds majority of the Board of Trustees may call a hearing for the removal of any elected officer, providing that all other provisions for statement of charges and notice as defined in this Constitution and By-Laws are adhered to.

SECTION 7-REMOVAL OF APPOINTED OFFICERS

  1. The President may remove any of the regularly appointed officers at any time, providing such vacant position is filled by appointment by the President with the approval of the Board of Trustees within twenty days after such removal.
  2.  A majority of the Board of Trustees may remove any appointed officer.

 

ARTICLE V

MEETINGS AND PROCEDURE

SECTION 1- REGULAR MEETING OF GENERAL MEMBERSHIP

A. The regular meeting of the general membership of this Lodge shall be held on the third Thursday of every month at a time and location designated by the President or the Board of Trustees. The President will chair the meeting. If the President is unavailable the meeting will be chaired in accordance with the order of succession as provided in Section 9.

B. Although any member may exercise his right to attend a meeting, he may not vote more than once on any issue except upon passage of a proper motion to reconsider.  Any member voting more than once on any issue, except as provided herein shall be subjected to the provisions of Article II Section 7.

SECTION 2- SPECIAL MEETINGS OF THE GENERAL MEMBERSHIP

Special meetings of the general membership may be called by the President, or in his absence, the First Vice President, for the consideration or disposition of any matter properly presented by the presiding officer at any such said special meeting. (Amended 11-03-05)

Any five or more members of the Board of Trustees may call a special meeting of the general membership.  Provided, however, that all those members of the Board of Trustees, calling for a special meeting of the general membership must sign the notice and that a specific subject to be discussed by announced.  Other subjects may be discussed by announced.  Other subjects may be discussed after proper presentation is the presiding officer.

Provided, however, that a complete and clear notice must be posted on the bulletin boards at least seven days prior to any special meeting.

Provided further, however, that should this Lodge be denied access to any or all of the facilities enumerated above, sufficient and proper notice of any special meeting will be deemed to have been given upon the mailing of such notice to each member’s last known mailing address at least seven days prior to any special meeting.

SECTION 3- EMERGENCY MEETINGS

Emergency meetings of the Board of Trustees may be called by the President, or in his absence, the First Vice President, for the consideration of a particular matter properly presented by the presiding officer at any meeting. (Amended 11-03-05)

Any five or more members of the Board of Trustees may call an emergency meeting of the Board of Trustees.  Provided, however, that all those members of the Board of Trustees calling for an emergency meeting of the Board of Trustees sign the notice and that only a particular subject to be discussed be announced.

Provided, however, that other matters may be considered and disposed of should at least five members of the Board of Trustees be present at said emergency meeting.

SECTION 4- MAJORITY OF MEMBERSHIP TO PASS ON QUESTIONS

Any question, proposal or proposition, affair or transaction, which has been previously voted on by the Board of Trustees; and which has been submitted to the general membership in attendance at a regular or special meeting of this Lodge in the form of a motion or other properly presented form, and which has been voted on and passed by majority of said members in attendance, shall become final in authority and the Board of Trustees shall be guided according to the dictates of said majority, except as provided in Section 8 of this Article.

SECTION 5- MAJORITY OF BOARD OF DIRECTORS TO PASS ON QUESTION

No question, proposal or proposition, affair or transaction, which may be wholly within the power and jurisdiction of the Board of Trustees to decide, shall be so decided, shall be so decided except upon a majority vote of the members of the Board of Trustees present at the meeting at which said matter is presented, providing that such a majority, shall in no event be less than five (5) in number, even though a bare quorum be present.

SECTION 6- OVERRIDING A VOTE OF THE BOARD OF TRUSTEES

Any question, proposal or proposition, affair or transaction, which has been previously voted on by the Board of Trustees, may be submitted to the general membership in attendance at a regular of special meeting of this Lodge in the form of a motion or other properly presented form, provided, however, that at least ten percent of general membership, of the lodge be in attendance.  A majority vote of said members in attendance shall become final in authority and the Board of Trustees shall be guided according to the dictates of said majority.

SECTION 8- WORK ACTIONS

  1. Upon the making of any motion at any regular or special or general membership meeting, the passage of which would require the membership to engage in a concerted work action, the motion shall not pass except concerted work action, the motion shall not pass except upon a two-third majority vote of the entire membership of this Lodge.  No such vote shall be taken, nor shall a motion be considered, if passage would place the membership of this Lodge in violation of any statute of the State of Texas or the United States of America.

 

ARTICLE VI

ELECTIONS

SECTION 1- FILING AS CANDIDATE FOR OFFICE

  1. Any member desiring to run for an office of this Lodge must given written notice with the Secretary between September first and seven calendar days prior to the general membership meeting in October.

 

  1. No member shall file as a candidate for office or be eligible to hold office unless he/she has been a member in good standing for a minimum of six months prior to the acceptance of nominations or the elections.  Due to the creation of this Lodge, the above will take effect after the first officers take the first elected offices.
  1. A member is deemed to be ineligible if they are a member of any other organization representing other City of Dallas Public Safety employees.

 

  1. The Secretary and Treasurer shall certify and inform the member at the time of filing is he is so qualified for certification.
  1. At the close of the filing date, the Secretary shall post a list of all candidates who has qualified for office on all Dallas Fraternal Order of Police (DFOP) bulletin boards and website.

 

SECTION 2- NOMINATION OF OFFICERS

  1. All candidates’ names that have been filed with the Secretary and so certified shall be read to the membership at the regular meeting of the general membership in the month of September.

 

  1. Members who have not filed as a candidate may be nominated from the floor in the September meetings.  Nominations shall not cease until a motion has been entertained and properly carried.
  1. Those who have filed as a candidate will submit a platform which will be mailed to the membership at a time determined by and approved by the Board of Trustees.

 

SECTION 3- VOTING PROCEDURES (Amended 11-03-05)

            General Provisions: Voting shall be by paper ballot or electronic balloting.  The content of the ballot shall include the names, Bureaus, Divisions and assignment of the candidates and the offices they are seeking and a blank write-in candidate.  In the event any proposition or amendment, to the Constitution and By-Laws of this Lodge is proposed, the ballot shall contain a brief description of any such proposal or amendment. The voting will take place over a period of time to be determined by the election committee and approved by the Board of Trustees.

The Chairperson of the Election Committee will be responsible: for printing of all ballots; for posting a notice of election on all bulletin boards and website of the D.F.O.P fifteen days prior to the elections; for tabulating the results of each election; for posting the tentative results of the election twenty four hours after the close of the election; for certifying the correctness of each election and results of each election to the Board of Trustees at a Board meeting to be held within seventy-two hours after the close of the election.

The Board of Trustees shall certify the results of the election with seventy-two hours after the close of the election and cause the posting of same.

The receipt of a majority of votes cast shall pass any proposition except as otherwise specifically described elsewhere in this Constitution and By-Laws.

Only those members in good standing shall be eligible to vote in any election.

 

SECTION 4- ELECTION OF OFFICERS

It shall be necessary that any candidate running for any office of position receive a majority vote to be elected.  The primary election shall be held in the month of October and the runoff election shall be held in the month of November of each year.

Election of officers shall be held annually during the month of October and officers duly elected and qualified thereof on the first working day of January of the succeeding year, provided, however, that if any officer elect is disqualified or refused to take office, such office shall be filled by appointment made by the President with the consent of the Board of Trustees.

ARTICLE VII (Amended 12-02-04)

AMENDMENTS TO CONSTITUTION AND BY-LAWS

No alterations or amendments to this Constitution and By-Laws shall be made except by written resolution offered at a meeting of the Board of Trustees by any member in good standing.  Such resolution shall lay over at least until the next regular meeting of the Board of Trustees, or a minimum of twenty days, after which it shall require a simple majority vote of the members of the Board of Trustees to place such resolution on a ballot for vote of the general membership.

Any passage of any such alteration or amendment so proposed shall be posted in written form on all bulletin boards of the Lodge for at least fifteen days prior to any election.  In the event the entire wording of the alteration or amendment is impractical to be placed on the ballot, a copy of said alteration or amendment should be posted in the immediate vicinity of the voting devices on the day of the voting.

An exception to this is when a typographical error is found in the constitution or by-laws. If an error of this type is found, it may be presented to the board of trustees. If the board of trustees determines that the correcting of the error does not change the meaning of this constitution or its by-laws, the lodge secretary shall be instructed to make the corrections. The correction shall be noted in the minutes of the board meeting and why the correction was necessary. 

Provided, however, that the Board of Trustees may in lieu of the posting requirements of this section, elect to notify the membership of such proposed alteration or amendment by mailing a copy of same to each member’s last known address.

 

 

 

 

 

BY-LAWS

ARTICLE I

The meeting shall by call to order at the appointed hour.

ARTICLE II

The business shall proceed in the manner prescribed in the order of business.

ARTICLE III

ORDER OF BUSINESS

    1. Call the roll.
    2. Reading of the minutes of the previous meetings
    3. Resignations
    4. Treasurer’s report
    5. Communications and Bills
    6. Report of Committees
    7. Unfinished business
    8. New business
    9. Welfare of the Lodge

 

ARTICLE IV

Any member wishing to make a motion, deliver his opinion, or speak on any subject respectfully addresses the chair.  He shall confine himself to the question under discussion and avoid personalities.  If two or more members speak at the same time, the President shall decide who shall speak first.

ARTICLE V

When a motion is made on the floor to be considered by the membership, that motion must be second by a member in good standing in order for that motion to be brought under consideration.

ARTICLE VI

When reading or a paper or other matter is called for, and the same is objected to by any member, it shall be determined by a vote of the majority as whether it shall be read or not.

ARTICLE VII

No member shall vote on a question, which directly affects his sole personal gain.

 

ARTICLE VIII

The By-Laws, after adoption, shall not be suspended, altered, amended or repealed except by vote of a majority of the voting membership.

ARTICLE IX

All business transacted by the membership of the Lodge shall be in accordance with Modern Parliamentary Procedure, unless otherwise specified in the By-Laws.

ARTICLE X

The membership may exclude from any meeting all persons not members of the Lodge.

ARTICLE XI

The By-Laws of this Lodge shall apply to the Board of Trustees, when they conduct business among themselves and for this purpose, those Articles above having the words “Member” and “Membership” shall also mean “Board” and “Board of Trustees” respectively, for their use during the Board meetings.

ARTICLE XII

During all convened meetings of the Board of Trustees, general and special meetings of the general membership, no alcoholic beverages will be consumed.

 

 

 

 
 

   
    ©Dallas Fraternal Order of Police, Lodge 588 ~ 1414N. Washington Ave. ~ Dallas, TX 75204 ~ 214-821-3479