Naperville Fraternal Order Of Police Lodge #42

Bylaws

Preamble

We, the law enforcement officers of the City of Naperville, do hereby associate ourselves together for the following purposes:

To support and defend the Constitution of the United States and the State of Illinois; to inculcate loyalty and allegiance to the City of Naperville, State of Illinois and the United States of America; to promote and foster the enforcement of law and order; to improve the individual and collective proficiency of our members in the performance of their duties; to encourage fraternal, educational, charitable and social activities among law enforcement officers; to advocate and strive for uniform application of the civil service merit system for appointment and promotion; to support the improvement of the standard of living and working conditions of the law enforcement profession through every legal and ethical means available; to create and maintain the tradition of esprit de corps, insuring fidelity to duty under all conditions and circumstances; to cultivate a spirit of fraternalism and mutual helpfulness among our members and the people we serve; to increase the efficiency of the law enforcement profession, and thus more firmly to establish the confidence of the public in the service dedicated to the protection of life and property.

All terms used herein to denominate gender shall be generic and whenever appropriate, the singular shall include the plural and the plural shall include the singular. Titles to articles, sections and subsections have been included for clerical convenience and are not to be deemed conclusive as to the contents or meaning of an article, section or subsection.

Article 1

Name

  1. Name of Organization. This organization shall be known as the Naperville Fraternal Order of Police, (herein after known as the "Lodge") Lodge #42.

Article 2

Character

  1. Labor Activity. The Fraternal Order of Police, Lodge 42, is a fraternal organization composed of professional law enforcement personnel who have joined together for their common good. This section shall not prohibit cooperative efforts by the Lodge with labor organizations for their common good.
  2. No Strike. The Fraternal Order of Police, Naperville Lodge #42, shall not strike or by concerted action cause a cessation of the performance of police duties, or induce other members or lodge to do likewise.
  3. By-Laws and Rituals. These By-Laws shall be the fundamental law of the Lodge and with the rituals adopted at the National Biennial Conferences shall govern the conduct of the Lodge.
  4. Administration. These By-Laws shall govern the day-to-day operation and administration of the lodge. These By-Laws of the lodge may only be promulgated, amended, or revised by a vote of the majority in attendance at a lodge meeting.

Article 3

Definitions

As used herein, the following terms, phrases or words shall be defined as follows:

  1. "Elected law enforcement officer" shall mean for purposes hereof any law enforcement officer, below the rank of sergeant who meets the qualifications in Article 4 and who by law is exempted from meeting the minimum training standards of a law enforcement officer as set forth in Article 3, Section 7.
  2. "Full-time employed" shall mean law enforcement officers who are engaged in such employment as their full-time occupation.
  3. "Good cause" shall mean nonfeasance, malfeasance, dishonesty, or refusal to carry out the will of the local lodge.
  4. "Member in good standing" in respect to the lodge shall mean a member who fulfilled all requirements of membership in good standing and for whom appropriate per capita tax has been paid to the State Lodge. Any member that is delinquent or has been suspended shall not be a member in good standing.
  5. "Executive Board" shall mean and consist of the President, Vice-President, Secretary/Treasurer, Sergeant at Arms and Trustees.
  6. "Regularly appointed law enforcement officer" shall mean, for purposes hereof, any law enforcement officer, below the rank of sergeant who meets the minimum standards and has received the training and education required by the State of Illinois and who is granted arrest powers.
  7. "National and Grand" shall mean and refer to, for purposes hereof, the national organization of the Fraternal Order of Police. When used in conjunction with another term, such as "Biennial Conference", or in conjunction with the title of an office, such as "Secretary", it shall refer to the Biennial Conference or the official Secretary of the National Fraternal Order of Police. The terms "National" and "Grand" shall be interchangeable and shall have the same meaning for purposes hereof.
  8. "Officer(s)" "President", "Vice-President", "Secretary/Treasurer", "Sergeant at Arms", "Trustee(s)" shall mean, for purposes hereof, an Officer or Officers of the Fraternal Order of Police, Naperville Lodge 42 and shall have a different meaning only when such contrary meaning is denoted clearly in the text of these By-Laws.

Article 4

Membership

  1. Eligibility. Any regularly appointed or elected and full-time employed law enforcement officer, below the rank of sergeant with the City of Naperville may be eligible for membership in the Fraternal Order of Police, Naperville Lodge 42, subject to the provisions of these By-Laws. No person shall be denied membership on account of race religion, color, creed, age, sex, origin, or other illegal discriminatory reason.
  2. Membership requirements. Subject only to the provisions of the National Constitution and the State of Illinois By-Laws, the lodge shall be the judge of its membership. The Lodge shall establish requirements for membership in good standing of its respective membership, which requirements shall not be inconsistent herewith.
  3. Classes of membership. There shall be three (3) classes of membership: Active, Retired, and Honorary.
    1. Active Membership
      1. Shall include regularly appointed or elected full-time law enforcement officers, below the rank of sergeant.
      2. Shall include retired regularly appointed or elected, law enforcement officers, below the rank of sergeant, who have remained in good standing with the lodge.
      3. May include officers who may have resigned from their law enforcement duties, provided that they are employed full-time by the Grand Lodge, the State Lodge, Lodge 42 or the Illinois Fraternal Order of Police Labor Council in pursuit of the purposes set forth in the Preamble to these By-Laws and further provided, they have remained in good standing with the Lodge.
    2. Retired Membership
      1. The Lodge may establish a retired membership status which shall, if established, be comprised of retired regularly appointed or elected law enforcement officers who withdraw from active membership upon or after retirement from their law enforcement agency.
    3. Honorary Membership
      1. These members shall be comprised of individuals recognized by the Lodge for exceptional service or contribution to the law enforcement community, the Fraternal Order of Police or the Lodge.
  4. Voice and Vote. Only active members, as herein above defined in Article 4, Section 3, A.1 shall have voice and vote in local lodge affairs.
  5. Delinquent or Suspended Members. No person shall be a member of the Lodge who is delinquent or who has been suspended by the Lodge for any reason, nor be eligible for any benefit in the Lodge until such suspension has been lifted.
  6. Denial of Membership. The Fraternal Order of Police, Lodge 42, may deny membership to anyone who is, or has been, a member of the Communist party or of any Party or organization regardless of what name it may be known, which advocates the abolition, destruction, or violent overthrow of the government of the United States, State of Illinois, or illegal abolition of any political subdivisions thereof.

Article 5

Officers

  1. Defined. The officers of the Lodge shall consist of the President, Vice-President, the Secretary/Treasurer, Sergeant-at-Arms and five (5) Trustees. The term of each officer shall be for two (2) years or until a successor has been elected and qualified.
  2. Resignation. An officer who fulfills the requirements set forth in Article 3, Section 6, who resigns from office during an elected term shall relinquish all right to and privilege of that office and shall revert to the status of "member." An officer who resigns from active police duty for any reason that renders him ineligible to remain an active member as that term is defined in Art. 4 Sec. 3 (A), or otherwise becomes ineligible as a member of the Fraternal Order of Police, shall automatically forfeit his office.
  3. Nomination, Election and Installation
    1. General. The officers of the Lodge shall be elected during the month of December, in even numbered years. No member shall be nominated for, nor elected to office who is not a member in good standing.
    2. Nomination. Candidates for election to the offices of President, Vice- President, Secretary/Treasurer, Sergeant-at-Arms, and Trustee shall be nominated three (3) weeks prior to the election of such officers. Nominations shall be made from the floor of the meeting and after being declared closed, such nominations shall not be reopened. No member shall be nominated or be a candidate for election to more than one office.
    3. Ballot. The name of each duly nominated candidate for office shall be placed on the ballot in order determined by lottery conducted by the Election Committee.
    4. Election. Each officer shall be elected by a vote of the qualified members.
      1. Voting shall be by secret ballot. There shall be furnished to each member printed ballots upon which each member shall record his vote(s).
      2. The President shall announce the results of the election as reported by the Election Committee and shall declare elected those candidates receiving a plurality of the votes cast for each respective office.
    5. Installation. Officers-elect shall be installed by the past President and shall take office at the first regular meeting in January.
    6. Vacancy. Should a vacancy occur in any office of the Lodge except that of President, (refer to Article 9, Section, 1.A) a nomination will be made by the President and voted on by the Executive Board.

Article 6

Executive Board

  1. Composition. There shall be an Executive Board, which shall be comprised of the President, Vice-President, Secretary/Treasurer, Sergeant-at-Arms and the Trustees.
  2. Meetings. The Executive Board shall meet from time to time, as called by the President or by the majority of the Executive board, for the purpose of advising the President in carrying out the administrative, business and other affairs of the Lodge in accordance with these By-Laws. The Executive Board shall meet not less than four (4) times per year. The President, and in his absence the Vice-President, shall preside over the meetings of the Executive Board.
  3. Minutes. Minutes of each meeting of the Executive Board shall be kept by the Secretary and shall be presented to the next regular meeting of the Executive Board.
  4. Reports. At each meeting of the Executive Board, each officer shall submit a full and complete written report in respect to the business transacted by him since the last meeting of the Executive Board together with such recommendations, as he may deem advisable.

Article 7

President

  1. Chief Executive Officer. The President shall be the Chief Executive Officer of the Fraternal Order of Police, Naperville Lodge 42. He shall preside at all meetings of the Executive Board and regular lodge meetings.
  2. Duties. He shall administer and manage the business of the Lodge between meetings of the Executive Board. He shall ensure that the By-Laws of the Lodge and the orders and actions of the Executive Board are carried out. He shall execute all contracts into which the Lodge may enter. At each meeting of the Executive Board he shall submit a full and complete written report in respect to business transacted by him since the last meeting of the Executive Board together with such recommendations that he may deem advisable.
  3. Committee Appointments. He shall appoint a majority of each committee and name the chair thereof to inquire into any matter affecting or concerning the Lodge. He shall serve as an Ex-officio member of all committees of the Lodge.
  4. Special Meetings. When he deems it necessary, or upon petition of a majority of the Executive Board, or upon receipt of notice from the Secretary that probable cause has been found by the Executive Board to proceed with an inquiry in respect to charges against an officer, the President shall call a special meeting of the Executive Board.
  5. Return of Property. Within thirty (30) days of the expiration of his term of office, the President shall convey to his successor all unfinished business and books and records and physical property belonging to the Lodge.
  6. Appointment of Chaplain. He may select a member or members of the clergy and/or religious orders to serve as chaplains and such associate chaplains as he may deem necessary.
  7. Delegate. By virtue of his office, he shall be a delegate to the State Biennial Conference.
  8. Appointment of Parliamentarian. He may select a member to serve as a consultant who advises the presiding officer and other officers, committees, and members on matters of parliamentary procedure. The parliamentarian does not have a vote on the executive board.

Article 8

The Vice-President

  1. Duties. The Vice-President shall, in absence of the President, preside at the regular meetings of the Executive Board and the regular lodge meetings and shall otherwise generally perform the duties of the President in his absence. The Vice-President shall automatically assume the office of President, and shall within forty-five (45) days call a special meeting of the Executive Board, who shall by a majority vote elect one (1) member of the Executive Board to fill the office of President for the unexpired portion of the term.
  2. Committee appointments. He shall appoint the minority of all committees of the Lodge.
  3. Delegate. By virtue of his office the Vice-President shall be a delegate to the State Biennial Conference.
  4. Return of Property. Within thirty (30) days after the expiration of his term of office, the Vice-President shall convey to his successor all unfinished business, and books and records and physical property belonging to the Lodge.

Article 9

Secretary

  1. Duties. The Secretary shall have custody of the books, records, documentation, seal, office and equipment of the Lodge under the general authority and orders of the President and the Executive Board.
  2. Minutes of Meetings. He shall make a record of the regular lodge meeting and each Executive Board meeting and shall submit same for approval or rejection at the next regular meeting or Executive board meeting.
  3. General Correspondence. He shall conduct the general correspondence of the Lodge.
  4. Revenues. All revenues of the Lodge shall be delivered to the Secretary who shall record the same and then deposit in the proper accounts of the Lodge.
  5. Attestation to contracts. He shall attest, under seal of the Lodge, to all duly authorized contracts of the Lodge.
  6. Custodian of the By-Laws. He shall be the official custodian of the By-Laws of the Lodge and amendments thereto, each of which shall be authenticated by the seal of the Lodge and the signatures of the President and Secretary.
    1. The Secretary shall maintain a book of amendments to these By-Laws.
    2. He shall be responsible for preparation to the By-Laws prior to presentation thereof to the last scheduled meeting of each calendar year and shall ensure that each said amendment conforms to the document that it seeks to amend in respect to form, placement and syntax.
    3. He shall be responsible for publication of the By-Laws of the Lodge, as amended, and shall include therein notations or history denoting the date of each amendment and the content thereof.
    4. He shall be responsible for the compilation, printing and distribution of these By-Laws.
  7. Merchandise. He shall be responsible for the purchase, inventory and sale of all merchandise of the Lodge.
  8. Official List of Members. The Secretary shall maintain the official list of membership of the Lodge and shall not release same unless specifically authorized or directed to do so by the Executive Board. Such direction or authorization shall be entered into the minutes of the meeting wherein such authorization is granted and notice thereof shall be given to the members by publication of same in the official publication of the Lodge.
  9. Notice of Meetings. The Secretary shall notify each member of the Executive Board notice of meetings not less than four (4) days prior to such meetings, and as soon as is practical in cases of special meetings.
  10. Petty Cash. A petty cash fund in the amount approved by the Executive Board shall be allowed to the Secretary for purposes of paying emergency current expenses.
  11. Return of Property. Within thirty (30) days after the expiration of his term of office, the Secretary shall deliver to his successor the seal of the Lodge and the books, records, documents, equipment, merchandise and all other property of the Lodge in his possession and shall require and receive a receipt thereof.
  12. Delegate. By virtue of his office the Secretary shall be an Alternate Delegate to the State Biennial Conference.

Article 10

Treasurer

  1. Custodian of Funds. The Treasurer shall be the custodian of the funds of the Lodge, and shall be a combined office with the Secretary.
  2. Fund Accounting. He shall keep an itemized accounting if all receipts and disbursements and may engage certified public accountants to assist him therewith, subject to the Executive Board approval.
  3. Depositing Funds. He shall deposit the funds of the Lodge in a financial institution approved by the Executive Board in such instruments of deposit as shall ensure their safety and may retain in his office, for purposes of paying emergency current expenses, a contingency fund in the amount established by the Executive Board.
  4. Special Accounts. He shall establish such special accounts as shall become necessary and allocate to each the amounts collected or appropriated for therefore.
  5. Reporting. He shall make reports to the Executive Board at each regularly scheduled meeting of the financial condition of the Lodge.
  6. Other Duties. He shall perform other such duties as are usual and incident to the office of the Treasurer or as shall be delegated by the President of Executive Board.
  7. Return of Property. Within thirty (30) days after the expiration of his term of office, the Treasurer shall deliver to his successor, all monies, record books, books of accounts, documents, records, paraphernalia and equipment in his possession and shall require and receive a receipt.

Article 13

Sergeant-At-Arms

  1. Duties. The Sergeant-at-Arms will have charge and control of the regular Lodge meeting and any other special meeting of the Lodge. He may examine dues cards of members at meetings and determine that all are in good standing and report to the President. He shall perform other such duties as the President may require.
  2. Return of Property. Within thirty (30) days after the expiration of his term of office, the Sergeant-at-Arms shall deliver to his successor all records, documents, equipment and all other property of the Lodge he may have.

Article 14

Trustee

  1. Trustee. There shall be five (5) trustees elected and shall attend meetings of the Executive Board and shall have voice and vote. They shall serve on any committees to which they are appointed to by the President or Vice-President.
  2. Responsibilities. Except as herein provided, the Trustees shall have charge of and be responsible for all property of the Lodge. The Trustees by the body or by delegation shall:
    1. Have ultimate responsibility for the physical property of the Lodge.
    2. Make a complete and itemized inventory and reconcile the same to the books and records of the Lodge.
    3. Prescribe the amount of bond to be required of the officers from whom such bond may be required for the faithful performance of their duties.
    4. Conduct an annual audit of the financial records and books of the Lodge and report thereon to the Executive Board.
    5. Ascertain that all monies received have been allocated to and deposited in the proper accounts of and in the name of and to the credit of the Lodge.
    6. Upon order of a Lodge meeting or Executive Board, order the Treasurer to invest the surplus funds of the Lodge in such securities or other financial instruments as shall secure and earn the highest interest practicable.

Article 15

Associate Members

  1. Recognition. The Fraternal Order of Police, Naperville Lodge 42, recognizes, acknowledges and validates associate members of the Lodge. Such associate members shall be known as Lodge Associates. Such associate members shall be subject to the control and supervision of the Lodge.
  2. Associate membership is a privilege. Associate membership may be permitted, denied or revoked at the pleasure of the governing board of the lodge with which the associate member is directly affiliated.

Article 16

Auxilary Lodge

The Fraternal Order of Police, Naperville Lodge 42, acknowledges and validates a Lodge Auxiliary. Such auxiliary shall be subject to the control and supervision of the Lodge. They shall conform to and be governed by the By-Laws as they shall adopt and which shall, at all times, be subject to approval of the governing body of the Lodge and ultimately the State Lodge.

Article 17

Discipline

  1. Equity and Fairness. This article shall govern discipline of officers and members of the Lodge and shall be interpreted in such manner as to afford equity and fairness to all affected thereby.
  2. Imposition. Discipline shall be initiated by the Lodge and imposed upon an individual member, only in extraordinary circumstances where the member has acted or failed to act in respect of a matter of direct and significant import to the Lodge or has violated the By-Laws.
  3. Individual Members.
    1. Except as otherwise provided herein, individual members shall only be disciplined by the State Lodge or the subordinate Lodge of which they are members, and the Lodge shall promulgate rules that provide for fair and appropriate discipline of it's members and are not inconsistent with these By-Laws.
    2. In the case of discipline imposed upon an individual member involving suspension, expulsion or removal from office by the Lodge, an appeal may be taken by the member to the State Lodge Board of Trustees, and an appeal may be taken from the decision of the Board of Trustees to the Biennial Conference.
      1. An appeal to the State Lodge may be brought by the filing of a written notice of appeal with the State Lodge President not more than thirty (30) days after the members receipt of official notification of his suspension, expulsion or removal from office. Unless continued or delayed for good cause by the Board of Trustees, such appeal shall be heard by the Board of Trustees at its next scheduled meeting following the President's receipt of such notice of appeal and, unless waived in writing by both the appealing member and the Lodge, a written decision shall be rendered by the Board of Trustees within ten (10) days after such meeting. Both the appealing member and the Lodge shall have the right to a hearing at which both parties may be heard and present witnesses and documents. Such hearing shall be conducted in conformity with Article 23 of the Fraternal Order of Police State Lodge By-Laws (resolution form). The parties to the appeal shall receive notice of the date of the hearing by certified mail, return receipt requested, not less than ten (10) days before such hearing.
      2. The Board of Trustees may sustain, modify, or reverse the disciplinary action against the member.
    3. In any case of discipline involving suspension, expulsion, or removal from office of an individual member initiated by the State Lodge, or upon decision of the State Lodge in respect to an appeal from the action of the Lodge, an appeal may be taken to the Biennial Conference.
    4. A party seeking to appeal from the decision of the Board of Trustees shall give notice of appeal to the State Lodge President by submitting by certified mail, return receipt requested, within thirty (30) days of the party's receipt of notice thereof, a written submission consisting of the decision from which the appeal is taken and such other written materials as the appellant deems relevant to a fair consideration of the appeal by the Biennial Conference. The appellant shall serve one (1) copy of the notice of appeal (including all written submissions) upon the opposing party (which shall be the State or local Lodge Secretary where such opposing party is a lodge). Where the appealing party is the Lodge, it shall submit twenty (20) copies thereof and where the appealing party is an individual member, he shall serve one (1) copy thereof upon the Secretary not less than sixty (60) days prior to the Biennial Conference at which the appellant seeks to have his appeal heard. The party opposing the appeal shall, within thirty (30) days of his receipt of the notice to appeal, submit a responsive written submission to the Secretary and the opposing party, which responsive submission shall contain such materials as it deems appropriate and relevant to a fair consideration of the appeal by the Biennial Conference. In cases in which the responding party is the State or local Lodge, such Lodge shall submit twenty (20) copies of its responsive submission to the Secretary. In cases in which the party opposing the appeal is an individual member, he shall submit one (1) copy of his responsive submission to the Secretary.
    5. Except in the case of discipline initiated thereby, the Board of Trustees shall review appeals of disciplinary matters solely to ensure that the parties were afforded due process and that the decision was consistent with the By-Laws.
      1. Those appeals received by the Secretary after the Biennial Conference but before the next Board of Trustees meeting shall be considered by the Board of Trustees. The State Lodge President may appoint a special committee which shall meet, gather and review facts and arguments of the parties, consult with all interested parties in attendance and make a full report, including its recommendation, to the Board prior to its adjournment.
      2. Following the report of the special committee, if any, interested parties may appear before the entire Board of Trustees and they shall decide the matter by majority vote.
    6. An appeal may be taken by either party to the Biennial Conference from the decision of the Board of Trustees respecting any appeal of disciplinary action imposed upon an individual member by the Lodge, the State Lodge or discipline imposed by the Board of Trustees.
      1. A party seeking to appeal a decision of the Board of Trustees to the Biennial Conference shall serve notice thereof upon the Secretary and the opposing party. Such notice of appeal shall be consist of a concise statement describing the act or failure to act upon which the appeal is based, the basis for the appeal, the decision appealed from, and those written materials the appellant deems appropriate and relevant to a fair consideration of the appeal by the Board of Trustees. The opposing party may respond in writing to such notice of appeal with such materials it deems necessary and shall submit a copy of such response to the Secretary and the appealing party. Said notice of appeal and any responsive submissions shall be forwarded by the Secretary to the President who shall deliver said materials to a committee of the Conference which shall consider the matter and report thereon to the Conference prior to a vote thereon by the delegates. By their taking of the oath or their acceptance of the Charter of the Fraternal Order of Police, each member and the Lodge specifically acknowledges and agrees that the decision of the Conference shall be final.
    7. Discipline may be initiated by the State Lodge and imposed upon an individual member only in extraordinary circumstances, in which case, such member shall be afforded a hearing of which he will be given notice, at which he will be permitted to present witnesses and documents and in which process he shall be afforded the same protections set forth in respect to discipline imposed by the Lodge.
  4. Lodge Officers
    1. Officers shall be subject to discipline, including censure, reprimand, and removal from office or expulsion from the order only upon the proof of good cause.
    2. A member of the Executive Board shall only bring Allegation(s) of misconduct against an officer in respect to his duties as an officer. Said allegation(s) shall be in writing and notice thereof shall be served upon the officer against whom the allegation(s) are made and the Secretary; provided however that if such allegation(s) are against the Secretary, said allegation(s) shall be served upon the President. Said allegation(s) shall specifically describe the nature of the alleged misconduct in sufficient detail for a determination by the Executive Board as to whether there exists good cause to proceed with the inquiry.
    3. Upon service of the allegation(s) on the affected officer and the Secretary (or President as the case may be), copies of the allegation(s) shall be distributed to each member of the Executive Board. The officer against whom the allegation(s) are made shall, within thirty (30) days of receipt of the allegation(s), prepare a response thereto and serve said response upon the Secretary (or President as the case may be), which response shall be distributed to each member of the Executive Board. The Secretary, or President in the event the allegations are against the Secretary, shall forward to each Executive Board member an anonymous ballot upon which each Executive Board member shall indicate, after reviewing the allegation(s) and the response thereto, whether he believes that there exists good cause to proceed with the inquiry. Said ballots shall be returned to the officer from whom they were received and shall be counted and the results thereof certified to the Secretary (unless he is the officer against whom the allegation(s) are made, in which case the results shall be certified to the President). The ballots will be retained until the resolution of the matter.
    4. Upon receipt by the Secretary (or President, as the case may be) of the certified results of the ballot, said officer shall determine whether good cause to proceed further with the inquiry was found by the Executive Board. A majority vote of all members of the Executive Board shall be necessary for a finding of good cause to proceed further with the inquiry. The Sergeant-at-Arms shall either (I) immediately cause the Secretary to (or shall himself) distribute to each member of the Executive Board notice that good cause was not found to proceed with the inquiry, or, (ii) or certify to the President (or Vice-President in the event that the allegations are made against the President) that good cause has been found to proceed further with the inquiry. The President (or Vice-President) shall declare an emergency, call a special meeting of the Executive Board and ensure that notice is given in accordance with Article 6, of these By-Laws.
    5. The emergency meeting of the Executive Board shall be held for the purpose of resolving the charges against the officer and there shall occur a disciplinary hearing thereon before the Executive Board at which the charge officer shall be entitled to counsel and shall be afforded due process to the extent afforded members herein. The Sergeant-at-Arms (or President, if the charges have been brought against the Sergeant-at-Arms) shall preside over such disciplinary hearing and shall resolve all questions of procedure and evidence.
    6. No disciplinary action shall be taken upon an officer except three-fourths (3/4) vote of the Executive Board entitled to vote.
    7. An officer against whom the discipline is imposed in accordance herewith shall be entitled to appeal the decision of the Executive Board to the State Lodge. By taking the oath of office, each officer acknowledges and agrees that until and unless reversed by the State Lodge the decision of the Executive Board shall be final.
      1. An appeal by an officer shall be made by filing notice thereof with the Secretary within thirty (30) days of the decision of the Executive Board.
      2. The officer taking the appeal shall address the State Lodge for such time as the Chair shall be deem appropriate and the Sergeant-at-Arms (or President, as the case may be) shall be permitted an equal time to respond thereto.
    8. Any member of the Executive Board who brings an allegation against another officer which allegation is found to be brought frivolously, or for personal gain as a result of personal animosities, shall himself, be subject to discipline by the Executive Board.
    9. The Lodge shall secure counsel who shall advise the Executive Board on all evidentiary and procedural questions which may arise during the course of disciplinary proceedings under these By-Laws.

    Article 18

    Hearings

    1. Due Process. In respect to any disciplinary hearing conducted by the Lodge, due process shall be afforded the parties thereto.
    2. Procedure. In all disciplinary hearings conducted by the Lodge, the body conducting the hearing shall:
      1. Require the complaint, charge or allegation be made under oath and in writing and provide such facts as may enable the charged party to be fairly apprised of the nature of the charge;
      2. Ensure that the party charged is provided a copy of such complaint, charge or allegation and given sufficient time, which in any event shall not be less than thirty (30) days, to prepare a defense, if any, thereto;
      3. Conduct a hearing on the matter during which the trier of fact shall limit the scope of the inquiry to the specific complaint(s), charge(s) or allegation(s) set forth in the written notice thereof;
      4. Adhere to an order of procedure which places the burden of proof upon the party charging the member;
      5. Permit the parties thereto to introduce documents and exhibits and the testimony of witnesses in accordance with such rules of evidence as may be determined and applied uniformly by such body.
    3. Cause for Discipline. Discipline may be imposed upon a member for any violation of the good of the order, including, but not limited to, the following:
      1. Violation of these By-Laws, of the Ritual, oath or obligation of the Lodge;
      2. Acts of disloyalty to the Fraternal Order of Police, including, but not limited to, holding office in an organization which encourages members of the Fraternal Order of Police to leave the Lodge or such other acts as brings disrepute, disgrace, or dishonor upon the Fraternal Order of Police and/or the State Lodge.
      3. Distribution or use of the membership for any reason without the express permission of the Secretary or the Executive Board; and
      4. The unauthorized use or the abuse of the name or insignia of the Fraternal Order of Police.

    Article 19

    Official Order of Business

    The order of business for the meeting shall be:

    1. Roll call of officers
    2. Reading of minutes of last meeting
    3. Financial report
    4. Officers reports
    5. Old Business
    6. New business
    7. Appointment of Committees (as is needed)
    8. Nomination of officers (November of the election year)
    9. Good of the Order
    10. Adjournment

    Those portions of the foregoing Order of Business which may be applicable to the conduct of ordinary business of the Lodge shall also be adhered to in meetings of the Executive Board and such other official meetings of the Lodge and/or committees as may occur.

Article 20

Parliamentry Procedure

No business shall be conducted without a quorum present. A quorum for the Lodge meeting shall be a majority of the Executive Board. The members of the Executive Board holding a majority of the votes, which may cast at any Board meeting, shall constitute a quorum at such Board meeting. Any question on procedure not covered by these By-Laws shall be governed by the most current revision of Robert's Rules of Order.

Article 21

Official Ritual

  1. Name. There shall be an official Ritual of the Order, which shall be known as the Fraternal Order of Police Ritual.

Article 22

Amendments

  1. Proposing. An active member may propose an amendment to these By-Laws, which proposed amendment shall be submitted for consideration and vote by the membership. No proposed amendment shall become a part of these bylaws except upon two-thirds (2/3) vote of the Lodge membership in attendance.
  2. Review. A proposed amendment shall contain the precise language of the proposed amendment, shall specifically set forth the language to be added, deleted and/or revised, and shall identify each and every Article and Section of the By-Laws affected thereby. Proposed amendments shall not be set forth in resolution form, setting forth the proposed amendment. The Executive Board shall receive proposed amendments to the By-Laws and shall review same for form, grammar, placement, and substance and shall report to the general membership its conclusions and recommendations thereon.

Article 23

Dues and Assessments

  1. Dues. The Lodge shall assess the sum of $20.00 as an initiation fee for all new members of the Lodge. Thereafter the Lodge shall pay to the State Lodge and National Lodge all per capita tax as set forth by the By-Laws of aforementioned Lodges.
  2. Assessments. In the event that the Executive Board determines by a vote of two thirds (2/3) of its members that an emergency exists and only in accordance with the procedure set in these By-Laws, there may be assessed upon each member of the Lodge an assessment in such amount as is determined to be required by the Executive Board. No assessment shall become effective except upon a vote of two thirds (2/3) of the members in attendance at the general membership meeting in which the assessment is considered.
    In the event an emergency is determined by the Executive Board in accordance with these By-Laws, the Executive Board shall first determine the amount of assessment required from the members in order to meet the emergency.
    1. The Executive Board shall notify the membership of its intent to levy an assessment upon the members, setting forth the reason for the assessment and a detailed account of probable expenditures.
    2. Each member shall be notified at least thirty (30) days prior to the meeting in which the assessment will be considered. Said notification shall be done by posting such notice in the F.O.P. bulletin board.
    3. If approved, the Executive Board shall notify the membership of the total votes cast following the meeting in which the vote occurred, but not more than two (2) following the vote.
  3. Receipt and Transmittal. The Treasurer shall transmit all funds collected in respect to the assessment for deposit in the proper accounts.

Article 24

Endorsements of Political Candidates

Endorsement of political candidates shall be City Council members, Judges, States Attorney Office, Coroner and Sheriff. The Union may also endorse State and Federal candidates if the membership wants to do so. Endorsements will only be considered for general elections, not for primary elections.

If the Executive Board wishes to conduct a candidate's night, it may do so. Executive Board members may also attend other Union sponsored candidates forums.

Membership endorsements: The Executive Board will make recommendations to the general membership of which candidate may best serve the interest of the local Union. The membership shall cast a ballot on which candidate to officially endorse. The majority of ballots cast shall become the official endorsement for the local Union.

Political action committee: The Executive Board, at their discretion, may form a political action committee. This committee may act as a fact finding body on candidates and gather more insight on candidates. This committee may also solicit funds in accordance with applicable State and Federal regulations. Union dues may be used for political purposes only in a manner which is consistent with Federal, State and Local law.

Article 25

Conventions and Training Seminars

All Executive Board members, or their designee(s), are encouraged to attend an annual convention of the Illinois F.O.P. Labor Council. The Executive Board will have voting powers on amendments and requests by the Labor Council. Union delegates shall participate in all meetings and cast votes on appropriate matters in the best interests of the local Labor Committee and Labor Council.

A per diem shall be paid to Executive Board members or their designee(s), who attend the annual convention or training seminars. This will cover the cost of their meals, travel expenses and mileage shall be paid to those who use their personal vehicle. The monetary amount of the per diem and mileage shall be regulated by the federal mandated amount (www.gsa.gov).



Revised 04/09





115 E. Ogden Ave.  Suite 117-107
Naperville, Illinois 60563
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