NBPC 1613 San Diego, CA Proposed 2014 bylaws draft_july_24_unanimous_consensus_final
- 1. AFGE Local 1613 Constitution and Bylaws ! Constitution ARTICLE I Name SECTION 1. This local union shall be known as the American Federation of Government Employees, Local 1613, AFL-CIO, as set forth in its charter. See AFGE National Constitution, Article XIX, Section 1. SEC. 2. The headquarters and mailing address of this local shall be prescribed in the local's bylaws. ARTICLE II Objectives and Methods SECTION 1. This local does not advocate the overthrow of the Constitutional form of government in the United States. The local does not discriminate with regard to race, creed, color, national origin, sex, age, political affiliation, disability, marital status, sexual orientation, or preferential or non-preferential civil service status; and is not subject to corrupt influences or influences opposed to basic democratic principles. SEC. 2. In the event any member(s) of the local is employed within a unit represented by an AFGE national bargaining council, the local shall affiliate with the national council(s). See AFGE National Constitution, Article XXI. The local shall pay dues and/or per capita tax to the national council for those members of the local employed within the unit represented by the council, as may be prescribed by the constitution of the council. See AFGE National Constitution, Article XXI, Section 1. SEC. 3. This local is a separate, independent organization functioning in conformance with the AFGE National Constitution. Neither the local nor its officers, employees, members, or other persons has the authority to act, nor shall it be deemed to act on behalf of or as agent for the Federation or any of its other affiliates, unless such authority as applicable is expressly granted by the Federation by written authorization of the National President, or by an affiliate by written authorization in accordance with its governing procedures. ARTICLE III Membership SECTION 1. All persons eligible for AFGE membership as prescribed by Article III of the AFGE National Constitution and who come within the local's jurisdiction as defined by its charter shall be eligible for membership in this local. ARTICLE IV Dues and Initiation Fees SECTION 1. Dues shall be established and adjusted as may be necessary to ensure that they allow adequate funds for the payment of per capita tax and sufficient funds for the operating expenses of the local. See AFGE National Constitution, Article XIX, Section 4(a)(6) and 4(b)(6). Any change in the dues structure shall be accomplished by: (a) Majority vote by secret ballot of the members in good standing voting at a general or special membership meeting after reasonable notice of the intention to vote upon such question; or (b) By majority vote of the members in good standing voting in a membership referendum conducted by secret ballot. SEC. 2(a). The local shall establish in its bylaws the amount of its initiation fee and the amount of its membership dues. See AFGE National Constitution, Article XIX, Section 4(a)(4)- 4(a)(6) and 4(b)(4)-4(b)(6). Dues may be paid by payroll deduction or by
- 2. advance payment for such intervals as prescribed by the local: quarterly, semiannually, or annually. If payroll deduction is available, a local may adopt a bylaw requiring payment of dues by this method. The local may establish a separate dues rate for retired members. SEC. 2(b). Members may be dropped if dues are not paid by Tuesday of the last full workweek of the month, provided, however, that a reasonable amount of time after notice of delinquency is given. SEC. 2(c). Local representatives, collectors, and shop stewards shall make remittance of all dues and initiation fees collected to the Treasurer within ten days and no later than the Tuesday of the last full workweek of the month. ARTICLE V Financial Records and Reporting SECTION 1. All receipts, checks, and cash disbursements shall be properly recorded and accounted for in the financial records. SEC. 2. The Treasurer shall sign and the President shall countersign checks covering proper expenditures for the local. In the absence of either the Treasurer or the President, such other officer as prescribed by the local's bylaws may sign in place of the absent officer. SEC. 3. The officers, agents, shop stewards, or other representatives or employees of this local who handle funds or property thereof shall be bonded in accordance with law and applicable regulations. See AFGE National Constitution, Article XXIV, Section 8. SEC. 4. In order for the bond to be effective, the local shall file with the National Secretary-Treasurer a copy of its annual audit in the format prescribed by Article XXIV, Section 8(d) of the AFGE National Constitution. SEC. 5. All books, records, and financial accounts at all times shall be open to the inspection of the national officers or accredited representative of the National Executive Council and any duly authorized and accredited representative of the local. See AFGE National Constitution, Article XXIV, Section 9. ARTICLE VI Elected Officers SECTION 1(a). The general officers shall be elected by the total membership and shall constitute the Executive Board of this local, and shall consist of the President, Treasurer, and Secretary and such others as the local's bylaws may prescribe. The local may adopt a bylaw combining the offices of Treasurer and Secretary. SEC. 1(b). The local may establish bylaws which provide for the election of officers who are elected solely by members of a particular unit or work area and may provide that these officers will serve on the Executive Board. SEC. 2. It shall be the duty and obligation of all local officers and all other official representatives of the local, whether elected or appointed, to support, advance, and carry out all provisions of the AFGE National Constitution, the standard local constitution and bylaws, official policies of the Federation and, to the extent not inconsistent with the foregoing, all official policies of the local. See AFGE National Constitution, Article XX, Section 2. SEC. 3. The President shall be the executive officer of this local; he or she shall exercise general supervision over the affairs of the local and see that other officers comply with the responsibilities of their office and constitutional duties; comply with the National and standard local Constitutions; keep the membership apprised of the goals and objectives of the Federation; serve as an ex-officio member of all committees except the Election Committee, Audit Committee, and committee of investigation, or trial committee when he or she is bringing the charges or is directly or indirectly involved in the matter which gave rise to the charges; automatically serve by virtue of election to office as a local delegate to the district caucus, council meetings, the AFGE National Convention, and such other meetings participated in by this local as the local may be entitled; preside at all local meetings; and sign all documents pertaining to the office. If the President is unable to perform his or her regular duties because of sickness, leave, TDY, or for some other legitimate reason, he or she shall delegate the responsibilities of that office to the officer designated in the local's bylaws as provided for in Section 4 of this Article.
- 3. SEC. 4. The local shall prescribe in its bylaws that the Treasurer or Secretary (or such other officer as the local may establish) shall assist the President in performing the duties of that office. If the President is absent from a local meeting, the officer so designated will preside. In the absence of the President and the officer so designated to assist him or her, a chair will be chosen by the members from among those in attendance. SEC. 5. The duties of the Treasurer shall be to maintain a bookkeeping system as prescribed by the National Secretary-Treasurer; make a financial report at each regular meeting; keep an up-to-date roll of the members; receive all monies and/or dues paid into the local and receipt thereof; keep records of all transactions; deposit money in the bank to the credit of the local; make regular monthly reports to the NST, which includes furnishing names and addresses of all new members or members who have severed their affiliations with the local and furnishing notification of changes in members' addresses; forward per capita tax to the National Headquarters in accordance with the requirements of the AFGE National Constitution (For regular locals per capita tax is payable before the end of each month, and all monies owed the Federation must be forwarded to the NST not later than the 20th day of the following month. See AFGE National Constitution, Article XXIV, Section 5(a). For insured locals per capita tax is payable in advance to the NST before the first day of each month. See AFGE National Constitution, Article XXIV, Section 5(b).); and perform additional duties and responsibilities as outlined in the AFGE Financial Officers Manual. Disbursements for payment of current bills (other than per capita tax, and approved budgeted expenditures) shall be approved by the local. SEC. 6. The duties of the Secretary shall be to keep a complete record of the minutes of all meetings; maintain all election related documents (including copies of those pertaining to nominations, notices of meetings, and the minutes of any meetings, all of which must be sealed and preserved for one year after the election unless the records are requested by higher authority in the election appeal process or are still relevant), see AFGE National Constitution, Appendix A, Part I, Section 5(j); keep up-to- date the official copy of the bylaws of the local; conduct correspondence when directed by the President; and send out notices of meetings when required. SEC. 7. No officer or agent of the local shall engage in any business or financial activities with or on behalf of this local which conflict with his or her fiduciary obligation to the local. ARTICLE VII Election Procedures SECTION 1. The local's elections shall be conducted in accordance with the AFGE National Constitution and Appendix A thereof. Officers shall be elected for such terms as prescribed by the local's bylaws. No term shall exceed three years. SEC. 2(a). In accordance with Appendix A, Part I, Section 1(e) of the AFGE National Constitution, the minimum qualifications for candidacy to local office are that a member must: (1) Be a member in good standing; (2) Be a member for one year of an AFGE local, immediately preceding the closing of the nomination process. This requirement does not apply to newly created locals; and (3) Not be a member in any labor organization not affiliated with the AFL-CIO. See AFGE National Constitution, Appendix A, Part I, Section 1(e). SEC. 2(b). Candidates shall not run for more than one office in the same local election; however, candidacy as a delegate shall not be considered to be covered by this provision. SEC. 2(c). No person who is identified with corrupt influences or who is affiliated with the Communist party or other totalitarian movements may serve as an officer of the local. SEC. 3. The local shall prescribe in its bylaws the manner by which its elections will be conducted (choose one): manual ballot or mail ballot or secure and electronic option(s). SEC. 4. In the case of a vacancy in the office of President, such officer as may be prescribed by the local's bylaws shall fill the office for the unexpired term. Vacancies in any other office unless otherwise prescribed by the local's bylaws shall be filled for the unexpired term by appointment by the Executive Board.
- 4. ARTICLE VIII Executive Board and Committees SECTION 1. The Executive Board shall meet at the call of the President. SEC. 2. It shall be the duty of the Executive Board to devise and initiate such actions as may be necessary in the interim between the local's meetings, but such actions shall not be inconsistent with the objectives of the Federation and shall be subject to local approval. SEC. 3. Expenditures by the Executive Board in excess of $500 per month must have prior approval of the local's members either as authorized by the budget approved by the local or by separate vote of the local's members. All expenditures authorized by the Executive Board will be reported in writing at the next regular meeting of the local. Upon request a copy of such report will be made available to any member in good standing of the local. SEC. 4. The Executive Board shall prepare an annual budget subject to the membership's approval, which shall ensure at a minimum that the local's revenues are sufficient to meet its financial obligations. SEC. 5. Standing and special committees may be established in the manner prescribed by a local's bylaws. ARTICLE IX Delegates SECTION 1. Delegates, alternate delegates, and proxy delegates to the AFGE National Convention, district caucus, and council meetings must be elected by name and in accordance with applicable provisions of the AFGE National Constitution. See AFGE National Constitution, Article VI, Article VIII and Appendix A, Part I, Section 6. SEC. 2. The local's President if elected to that office shall serve as a delegate to the AFGE National Convention, district caucus, council meetings, and such other meetings at which the local is entitled to representation. If the local is entitled to additional delegates, the additional delegates shall be elected by an election called for that purpose, unless the local's bylaws prescribe that the local's other officers shall serve as delegates by virtue of election to their office. In filling a vacancy without an election, only a person who is appointed or succeeds from a position in which the person was a delegate by virtue of election to the office may be a delegate by virtue of office in the new position. ARTICLE X Offenses, Trials, Penalties, Appeals SECTION 1. All offenses, trials, penalties, and appeals shall be accomplished in accordance with the AFGE National Constitution. See AFGE National Constitution, Article IX, Section 5 and Article XXIII. ARTICLE XI Bylaws SECTION 1. The local shall establish bylaws, establishing among other things the frequency and location of regular meetings, provisions for calling special meetings, a regular order of business, provisions for a quorum, the date, manner and location of nominations and elections, and other operating procedures of the local. SEC. 2. No bylaw shall conflict with the provisions of the AFGE National Constitution, this constitution or, if applicable, the constitution of a national bargaining council. SEC. 3. Bylaws shall be adopted and amended only after a one month notice to the local's membership and by two-thirds vote of members, either present at a membership meeting and voting, with provision for absentee vote, or by mail ballot. Such bylaws do not require NEC approval. Locals shall send a copy of their bylaws, the notice and membership meeting minutes to the district office.
- 5. SEC. 4. Copies of this constitution and the local's bylaws shall be available upon request to the Secretary to all members in good standing of the local. ! ___________________________________________________________________________________________________ __________________ ! AFGE Local 1613 Bylaws SECTION 1. The headquarters of the local is as designated by the President. SEC. 2(a). Regular meetings of the local shall be held every month on a day determined by the Executive Board. SEC. 2(b). The meetings shall be held at a time and place selected by the local. SEC. 3(a). Special meetings may be called by the President, two-thirds vote of the Executive Board or upon written petition of at least 50 members in good standing. Five days written notice of the specific purpose of the meeting must be given to the membership. Notification on the local’s website will suffice for this purpose. No business other than that specified in the notice will be voted on. SEC. 3(b) Town hall meetings may be called by the President. Town hall meetings will be informational; no business will be voted on during town hall meetings. SEC. 4. Only members of the local in good standing shall be allowed to vote. SEC. 5. The regular order of business at monthly meetings will be: (a) Roll call of officers; (b) Reading of the minutes of the previous meeting; (c) Report of financial condition by Local Treasurer; (d) Reports of committees; (e) Unfinished business; (f) New business; (g) Comments for the good of the local; (h) Adjournment SEC. 6. A quorum of this local shall be equal to the number of the Executive Board plus one. A quorum of any committee shall consist of a majority of the members thereof. SEC. 7. Unless otherwise specified by law (e.g., secret ballot election or dues) or by constitution, all questions before the local will be decided by vote of the members present first by voice vote, then by a showing of hands if needed. SEC. 8. The time allowed for debate of any particular issue before the local and the time allowed for speeches will be 30 minutes. The time allowed for debate may be extended by a majority of those present and voting. SEC. 9(a). The general officers of this local who comprise the Executive Board are as follows: President (full time officer) Executive Vice President (full time officer) 1st Vice President 2nd Vice President 3rd Vice President
- 6. 4th Vice President Treasurer Secretary Sergeant-at-Arms SEC. 9(b). Full time officers may delegate their full time status in the order of succession to the next available Executive Board member; and with notification to the Executive Board. SEC. 9(c). Once the order of succession is exhausted, full time officers may delegate their full time status to an available appointed representative or Director; with notification to the Executive Board. SEC. 10(a). The Executive Vice-President shall serve as the assistant and chief advisor to the President. In the absence of the President, the Executive Vice-President shall preside during meetings. In the event of a vacancy in the office of the President, the Executive Vice-President shall succeed to the office of the President for the balance of the unexpired term, and shall vacate his or her office and duties as Executive Vice-President. See local constitution, Article VII, Section 4. SEC. 10(b). In the case of a vacancy of the office of Executive Vice-President, the position shall be filled from one of the current Vice-Presidents, to be appointed by a majority vote of the membership at the next monthly membership meeting. SEC. 11. The Vice-Presidents shall serve as assistants and advisors to the President and Executive Vice-President. Vice-Presidents shall act as liaison officers between the President and the member locals in the areas that they serve. All Vice-Presidents shall coordinate the flow of information to and from the member locals and the Executive Board. The incumbents shall be responsible for maintaining a working knowledge of: applicable Executive Orders; Department of Labor regulations pertaining to Federal Labor-Management Relations; Office of Personnel regulations; Agency rules, regulations and practices; the Negotiated Agreement between the Council and the Agency; and such other appropriate publications as have been, or shall be, issued by regulatory or advisory organizations. SEC. 12. The duties of the Treasurer shall be as prescribed in Article VI Section 5 of the local constitution. SEC. 13. The duties of the Secretary shall be as prescribed in Article VI Section 6 of the local constitution. SEC. 14. The Sergeant-at-Arms shall be elected by vote of the local's membership. The Sergeant-at-Arms shall ensure that no one enters the meetings without proper authority; assist the presiding officer in the maintenance of order; welcome and introduce guests; see that each member's presence is recorded in a log; provide a roll to call should the recording of individual votes be necessary, and perform other duties as may be assigned by the presiding officer. SEC. 15(a). Chief Stewards or Lead Union Representatives shall be appointed by the Executive Board, and removed in the same manner. SEC. 15(b). Station Representatives shall be selected by their respective station lead Union Representative and ratified by an Executive Board member, and removed in the same manner. SEC. 16. Nominations of officers shall be held in October and elections and installations shall be held in December of every even numbered year after proper notice to local members. Elections will be conducted by manual ballot. A quorum is not required for nominations and/or elections. See AFGE National Constitution, Appendix A, Part I, Section 3. Candidates shall not run for more than one office in the same election; however, candidacy as a delegate shall not be considered to be covered by this provision. A runoff election, if necessary, shall be held as soon as possible. SEC. 17. Vacancies for Executive Board positions other than the President and Executive Vice President will be filled by special election (see AFGE National Constitution Appendix A) unless a general election as per Section 16 of these bylaws is to be held within one year. If an Executive Board position other than the President or Executive Vice President is vacated within one year of a general election, the position will remain vacant until the general election. SEC. 18. An Election Committee shall be constituted at a meeting preceding the start of the nomination procedure. See AFGE National Constitution, Appendix A, Part I, Section 2.
- 7. SEC. 19. All officers will be administered the "Oath of Union Officers" contained in the AFGE National Constitution upon their installation in office. Officers shall serve for two year terms. SEC. 20. The current edition of Robert's Rules of Order Newly Revised shall govern the proceedings of all meetings of the local, when not inconsistent with the provisions of the local constitution, the AFGE National Constitution, or these bylaws. SEC. 21. The local's delegates to the AFGE National Convention, the district caucus and the National Border Patrol Council convention will be the Executive Board provided there are enough delegate slots. If there are more Executive Board members than delegate slots, the remaining Executive Board members will be alternate delegates. The local shall vote upon the authorization of funds for the delegates' attendance at the National Convention, caucus or National Border Patrol Council meetings. See AFGE National Constitution, Appendix A, Section 6(d). SEC. 22. Such committees as may be established by the local shall be comprised of members appointed by the President subject to the approval of the Executive Board (except for the Election Committee). See Section 18 of these bylaws. SEC. 23(a). The dues shall be $28.14 per pay period. The amount for retired members shall be $60.00 a year. SEC. 23(b). The local's dues shall be increased automatically by the amount, if any, by which the AFGE National Convention and/ or PORAC and/or NBPC increases the per capita tax or other like assessments. This automatic increase will be affected at the same time as the per capita tax or other like assessments. SEC. 23(c). Any other dues change can only be accomplished by a two thirds vote of the membership present at the regular monthly meeting. This vote must be announced at the previous monthly membership meeting and notification posted at least four weeks prior to said meeting on the local’s website. ! ! This local constitution and by bylaws were ratified by the required membership vote on... ! James Harlan ! President Local 1613