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September 24, 2017
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L440 C & BL -- Updated 05-06-2015
Updated On: Aug 14, 2015
Local 440 Constitution & By-Laws -- updated 05-06-2015
ÐÏࡱá>þÿ ˆŠþÿÿÿ†‡ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿì¥Á  ð¿Z¢bjbj(Q(Q *ÆJ;J;Zšÿÿÿÿÿÿ·’’bbbbbÿÿÿÿvvvv<²Tvôtááákmmmmmm,h²"p™bááááá™™bbÛ®™™™á"bbk™ák™™ªÛ|{ÿÿÿÿ@ãæÏÖÐÿÿÿÿ–WWÄ0ôiŠ"™Š"${™b{Üááá™™™áááôÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿŠ"ááááááááá’– (:   FT. WORTH PROFESSIONAL FIREFIGTERS ASSOCIATION LOCAL 440 CONSTITUTION AND BY-LAWS ARTICLE I – NAME Section 1. This organization shall be known as the “Ft. Worth Professional Firefighters Association, IAFF Local No. 440, of Ft. Worth, Texas.” Section 2. Reference in this Constitution and By-Laws to “local union” shall refer to the Local as set forth in Section 1 above, and reference to “Association” or “International” shall refer to the International Association of Fire Fighters. Section 3. This Local Union, its officers, representatives and members, shall recognize, observe and be bound by the provisions of the Constitution and By-Laws of the International Association and interpretation rendered by the General President, the resolutions, decisions, and directives of the Executive board or officers of the Association when made in conformity with the authority granted by the Constitution and By-Laws of the Association, and the resolutions adopted and policies established by the delegates at conventions. Article 13 of the Constitution and By-Laws of the Association is recognized as providing the basic rules governing this Local. Section 4. This Local is chartered by the International and is a local subdivision of the Association. We shall be affiliated with the Texas State Association of Fire Fighters, and with any other body whose objectives our membership may deem to be in accord with ours and may vote affiliate with, provided that such affiliation does not violate the Charter of our Local, of the International or the Laws of the Land. ARTICLE II – MISSION STATEMENT The mission of the Fort Worth Professional Firefighters Association, Local 440 of the International Association of Fire Fighters, is to protect and advance the wages, benefits, working conditions, and rights of all members; Past, Present and Future. ARTICLE III – OBJECTIVES Section 1. The objectives of this organization shall be: The fostering and encouragement of a higher degree of skill and efficiency, the cultivation of friendship and fellowship among its members, the maintenance of proper remuneration for duty performed and elevation and improvement of the moral, intellectual, social and economic conditions of its members. Section 2. This organization shall be non-partisan and non-sectarian and shall not be used for the dissemination of partisan or sectarian principles. Section 3. It shall be an objective of this Local to secure for its members full and complete citizenship rights and privileges including but not limited to the right to control of off-duty time, to residency, to seek and hold public office, to pursue chosen life style, to have conditions of employment determined by a contract, negotiated in a fair system with fair procedures for setting unresolved issues, to speedy redress of grievances and to due process of any charge brought against them. Section 4. It shall be the objective of this Local to project at all times a professional image and to promote harmonious relations among our members and with the public whom we recognize as our employers and with all levels of government which we recognize as serving the public and with other organizations representing various segments of the public. ARTICLE IV – JURISDICTION AND MEMBERSHIP Section 1. “Jurisdiction shall be as follows; All full-time paid Civil Service employees engaged in fire fighting or related services.” Section 2. Active-Any person of good moral character who at the time of being sworn in as a Civil Service firefighter and is engaged in service within the jurisdiction of this Local, as given in Article III, Section 1, will be eligible for active membership. Anyone eligible for membership in this local shall not be refused membership or, upon acceptance, be discriminated against because of race, color, gender, sexual orientation, national origin or by reason of disability. Section 3. Honorary- For meritorious service to this local or for distinguished public service, persons may be elected honorary members by majority vote of those present and voting. Honorary Members shall not pay initiation fees, dues, or other charges and shall be no voice or vote in the Local. Such membership may be revoked for cause. Section 4. Maintenance of Good Standing-Membership in good standing includes any person who has fulfilled the requirements for membership in this Local and who has not voluntarily withdrawn, become ineligible for continued membership, or been suspended or expelled as provided in the Constitution and By-Laws of the International Association of Firefighters or the Constitution of this Local. Section 5. Separation- When any member in good standing becomes separated from the fire service, the local union may allow said member to retain his active membership or, in lieu thereof, upon request of said member shall issue him a withdrawal card; provided, however, that a member who is duly elected as an officer of the International Association of Firefighters, or elected or appointed as a representative of or to an affiliated labor organization, shall retain active membership in this Local. This local union may issue withdrawal cards only to those members who leave the fire service or EMS jn good standing or who are precluded by law or local ordinance or contractually from maintaining union membership by virtue of their fire department position. A former member holding a valid withdrawal card will not be charged a reinstatement fee upon reentry into the organization. Section 6. Members who have retired from this union or have otherwise withdrawn as members in good standing, may be allowed to return to this local union within 2 years as active-retired members. Section 7. Delinquent Members – Members who fail to pay their monthly dues or assessments by the fifteenth (15th) day following the month such dues are payable, shall be notified by the Local officer whose duty it is that they are delinquent and will be automatically suspended and lose their good standing if payment is not made within sixty (60) days following such notification. Delinquent and suspended members are not entitled to voice or vote in the Local or in the affairs of the International. Any Member whose name is not on the dues deduction listing received from the City for two consecutive pay periods shall be contacted by a member of the Executive Board. If it is their intention to terminate membership from the Local they shall be removed from the membership list immediately and are not entitled to voice or vote in the Local or in the affairs of the International. Section 8. Any member who has voluntarily withdrawn from or never been a member of this Local is not entitled to voice or vote in the Local or in the affairs of the International. Such members shall not be allowed to attend or participate in any activity sponsored by this Local that is not open to the general public for attendance. Any member of the bargaining unit who has withdrawn from or has never been a member of Local 440 shall be required to pay full back dues owed to be entitled to membership in Local 440. ARTICLE V – OFFICERS AND ELECTIONS Section 1. The elective offices of this local shall consist of a President, Secretary-Treasurer, First Vice President, Second Vice President and Third Vice President. These officers shall also be the elected delegates of this Local. The members shall elect three (3) Trustees. Section 2. Ballots for voting for officers in the Local shall be made to read; President and first delegate, Secretary-Treasurer and second delegate, First Vice President and third delegate, Second Vice President and fourth delegate, Third Vice President and fifth delegate, Trustee and delegate. The Trustee with the least amount of his term of office remaining shall be the sixth delegate, and the Trustee with the next least shall be the seventh delegate. The remaining Trustee shall be the eighth delegate. In the event that the Local’s authorized number of delegates are not available, the Executive Board shall elect the additional delegates from the membership. Additional delegates to IAFF Conventions must be elected by the membership. Section 3. Officers shall be nominated at the October meeting with elections held at the November meeting. The Run-off, if necessary shall be held at the December meeting. The term of office for the members of the Executive Board shall be two (2) years. The President and Second Vice President shall be nominated and elected in even years. The Secretary-Treasurer and First Vice President shall be nominated and elected in odd years. The Third Vice President’s term of office is one year and will be elected annually. The term of office shall be three (3) years for each of the three Trustees with one elected each year. All Officers and Trustees, unless removed for cause, shall fill their offices until their term expires and new Officers are elected and installed. Section 4. Eligibility for Office. Any member in good standing shall be eligible to be a candidate for office in this Local. Any member accepting nomination for an office, the term for which would begin before the expiration of an office he is holding, must resign his office allowing nominations for his un-expired term. To be eligible for nominations for an elected office a member must be present for 50% of the regular meetings from the date of the last officer election. (November to October preceding the month of nominations) The month nominations are held will be included for attendance. Current Officers of the Local are not subject to Article V, Section 4 but will be governed by Article V, Section 12. A meeting referred to in Article 12 will be defined as a monthly membership meeting. Section 5. Rights of Candidates. Every candidate for office shall have the right to request distribution of campaign literature, by mail or otherwise, to all members in good standing, at the candidates’ own personal expense. “A candidate for office” includes a candidate for membership on the Executive Board. There shall be no discrimination in favor of or against any candidate with regard to the use of membership lists. Section 6. Use of Funds Prohibited in Elections. No funds received by this Local through initiation fees, dues or assessments or otherwise, shall be contributed or applied to promote the candidacy of any person in election of officers. This section does not prevent the expenditure from Local funds or notices, factual statements of issues and other necessary expenses to conduct elections so long as they do not involve promotion of any candidate. Section 7. Method of nomination and Election. Each member in good standing shall be given at least fifteen (15) days’ advance notice, in writing, of the date, time and place at which nominations shall be made, and at least fifteen (15) days’ advance notice, in writing, sent by U.S. mail to the last known address of the member, of the date, time and place at which elections shall be held. Any member in good standing may nominate eligible members for office. No member shall make any nomination of another member unless he has received consent of the member he or she intends to nominate. Such consent shall be a pledge to seek the office and serve if elected. No member shall be nominated for more than one office. In the event that all the nominees except one should withdraw from an election, nominations shall be reopened at the first regular November meeting for that or those positions only, but the election shall not be delayed. Elections shall be by secret ballot. If only one candidate is nominated for a given office, that candidate shall be elected by acclamation. There shall be no voting by proxy in the election of Local officers. It shall require a majority of the votes cast to elect. When there are three or more candidates for one office, neither of which shall receive a majority on the first ballot, the two receiving the highest number of votes shall be retained for a run-off, and the other candidate shall be dropped; the run-off shall be held the first meeting in December. If the final ballot of any officer election results in a tie between the candidates, the winning candidate for office shall be selected by the drawing of lots in the presence of both candidates. All Officers elected shall be sworn in and take office January 1 following the election. Officers that are not present shall be sworn in at the first meeting that they are present, and none shall be eligible to hold office who have not been nominated and elected as provided in this section. Section 8. Absentee Voting. Any members meeting the requirements of Section 7 of Article VI of this Constitution and By-Laws may cast an Absentee Ballot for the election of officers prior to the start of the second meeting of the two shift meetings. Such ballots shall consist of a printed ballot or a piece of paper upon which the voter shall write his votes in the following manner: “President-John Doe.” The printed ballot or the ballot he has made shall then be sealed in an envelope with the name of the voter printed on the envelope, then signed in the presence of a member who shall sign as a witness and deliver same to the Election Committee. Section 9. The Election Committee shall then determine if the voter meets the requirements of Article VI, Section 7 and if so shall remove the ballot from the envelope and place it with the other ballots to be counted. If the voter does not meet the requirements of Article VI, Section 7, the Election Committee shall write “not qualified for Absentee Voting” on the envelope which shall not be opened nor counted. Envelopes both opened and unopened shall be retained with the ballots of that election for the period required by this Constitution. Section 10. Ballots preserved. The ballots and all other records of an election shall be preserved by the Secretary for one year following such election. Section 11. Officers of the Local shall be nominated and elected in the Hall designated as the official meeting place. Section 12. Should any officer absent himself from three consecutive meetings without a reasonable excuse, his office shall be declared vacant, and it shall be the duty of the President to order an election to fill such vacancy, the President to appoint an officer during such interim. Section 13. Upon the death, resignation or removal for cause of any officer it shall be the duty of the President, at the next regular meeting after such death, resignation or removal to order an election to fill such vacancy. Section 14. Recall of Officers. Any member in good standing can petition for a recall election for the purpose of removing any officer of this Local. Said recall petition would require a minimum of 100 signatures of members in good standing. After obtaining a sufficient number of signatures, petitioners shall present the petition to the Trustees for verification of signatures. The Trustees will notify the affected officer immediately of the recall petition. After verification of signatures, notice of the recall election shall be sent to all stations and divisions. Recall elections must be held no sooner than 15 days and no later than 30 days of verification of signatures on the recall petition. A majority secret ballot vote of the members present and voting shall prevail. If the vote is affirmative for recall, the officer would be immediately removed from office and an election will be called to fill the vacancy. ARTICLE VI– DUTIES OF OFFICERS Section 1. It shall be the duty of the President to preside at all meetings of the Local and at meetings of the Executive Board. He shall be the executive head of the Local. He shall be a member ex-officio of all committees. He shall appoint such committees as may be provided for in the Constitution an By-Laws and such special committees as may be authorized by the Local. Together with the Treasurer, he shall sign all orders and checks lawfully and properly drawn. He shall enforce strict observance of the Constitution and By-Laws of the International as this document relates to the Local, and the Constitution and By-Laws of the Local. He shall have general supervision of the activities of the other officers and chairmen of committees. The President, by virtue of his election, shall be a delegate of this Local to the convention of the International. Section 2. The Vice Presidents shall assist the President in such a manner as the President may determine. The First Vice President shall perform the duties of the President in the absence of that officer, and in case of resignation or death of the President, shall perform the duties of the President until such vacancy is filled by an election as provided for by this Constitution. He shall also preside when called upon by the President, and at times when the President may be temporarily unable to discharge his duties. The Second and Third Vice Presidents shall perform the duties of the President in the absence of the President and the First Vice President. He shall preside when called upon to do so by the President. Section 3. As Secretary, the Secretary-Treasurer shall have custody of all documents, records books and papers belonging to the Local, except as may be otherwise provided by the Constitution and By-Laws. He shall keep accurate record of the meetings of the Local and of the Executive Board, of which he shall be the Secretary. He shall attest all official documents with his signature and seal of the Local. He shall conduct the correspondence of the Local promptly. He shall maintain the official list of members in good standing, which shall be kept accurately and on a current basis. The Secretary shall discharge on behalf of the Local such duties as may be imposed upon him by applicable law including the execution of filing of any reports to Federal or State authorities, and shall cause to be maintained by the Local such records as the law requires to be kept in support of reports filed by it. As Treasurer, the Secretary-Treasurer shall receive all money due the Local, from whatever source, and shall disburse the same only by voucher signed by the President in conformity with a vote of the Local. Such disbursements shall be made by check which shall also be signed by the President. He shall maintain and keep current records of members with their dues payments, assessments and all financial transactions promptly and accurately entered. He shall be prepared to exhibit receipts and vouchers upon the audit of his books. He shall forward the annual audit of the Local to the General Secretary-Treasurer, over the seal of the Local, no later than June 1 of each year. The Secretary-Treasurer of the Local may not hold this office and be employed in part time work outside the Fire Service. Section 4. The Trustees shall audit the books of the Secretary-Treasurer and any other financial records of the Association annually. They may inspect any books or records at any time and shall report any irregularity to the membership immediately. They shall review the quarterly financial statement of the Secretary-Treasurer. Section 5. The Executive Board shall consist of the President, Vice Presidents and Secretary-Treasurer. It shall be the duty of the Executive Board to exercise general supervision and control of the invested funds and property of the Local. It shall have the authority to act in the name of the Local during intervals between meetings, such acts being subject to confirmation by the membership at the next regular meeting of the Local. It shall provide for an annual audit of the Treasurers books. It shall meet at the call of the President or on call signed by a majority of its members. A majority shall constitute a quorum. It shall consult and council with the President on all standing committee appointments. The following duties shall be performed by the officers of the Local. Regular contact with members of the City Council and legislative delegation. Regular contact with members of the press. Regular representation at City Council meetings. Attendance at the State and International Association of Firefighters Conventions and Seminars. Attendance at Conventions of other organizations with which the Local may affiliate. Regular contact with members of the Local. Coordination of Local efforts in political campaigns. Section 6. All officers and employees of the Local who handle funds or property of the Local shall be bonded in such amounts as may be required by the Board of Trustees and the General Secretary-Treasurer, in compliance with applicable law. The expense of such bonds shall be borne by the International ARTICLE VII – MEETINGS Section 1. The regular meetings of this Local shall be held monthly on multiple shifts at Local 440’s Union Hall. The Executive Board may cancel regular monthly meetings if no business is before the membership. No regular Local meetings shall be held on holidays. Section 2. Special meeting may be called by vote of a majority of the Executive Board or by the President upon the request of seven members in good standing. Said request shall be in writing, stating the object or objectives for which it is called. Notice of the special meeting shall be given in writing seven days in advance of said meeting. Such notice shall state what subject or subjects are to be considered, and no other business than that stated shall be in order at the special meeting. Section 3. Quorum. The quorum of any meeting of this Local, either regular or special, shall be seven (7) members in good standing. Section 4. Rights of members. Every member in good standing, shall have the right to attend any meeting and to participate in such meeting in accordance with the recognized rules as set forth in the manual of parliamentary procedure adopted by this Local. Members shall conduct themselves in such a manner as not to interfere with the legal or contractual obligations of the International or of this Local. Section 5. Standing Rules for Multi-Shift Meetings. The shift meeting, which originates a motion, may take any action on that motion which would be in order in a single meeting. The originating shift deposes of or passes the motion on to the other shift in whatever form the majority desires. Any motion that is brought to a vote but which fails to receive a majority on its originating shift shall none the less be carried over to the other shift for their consideration. A motion, which has already been acted upon by one shift meeting, would be subject to the following rules. If any action or amendment should be offered that would have the effect of delaying the motion until the next month’s meeting it shall be required a two-thirds (2/3) majority of those present at that shift meeting and voting for consideration, but shall require only a simple majority of those present at that shift meeting and voting for adoption. If any action or amendment should be offered that would have the effect of delaying and thereby killing the motion before the body, it shall require a four-fifth (4/5) majority of those present at that shift meeting and voting for consideration and the killing action or amendment itself require a four-fifth (4/5) majority of those present at that shift meeting and voting for adoption. When an action or amendment is offered which would delay or delay and thereby kill a motion, which has already been considered by one shift meeting. The presiding officer shall advise the meeting of this effect and announce the percentages necessary for consideration and then adoption of the proposed action or amendment. Then, without debate, the chair shall call for a vote on consideration of the offered action or amendment. If the vote for consideration should carry by the prescribed majority, then the action of amendments shall then be before the body for debate and action. Final adoption of any motion shall occur only after being voted on in identical form by two meetings where members assigned to each shift would have been off duty on at least one of the meetings. The vote on the motion need not receive a majority at each meeting but must have received a majority of the votes cast in the two considering meetings. Section 6. There shall be published an agenda of business submitted by any member to the Secretary-Treasurer no later than twelve (12:00) noon on the fifth (5th) day prior to the regular monthly meeting. This published agenda is to be sent to all stations and all divisions. Only those items of business listed on the agenda shall be voted at that month’s meeting. Any item of business may be brought up and discussed at the meeting but no vote may be taken unless included in the published agenda. Section 7. Any member absent while attending to duties delegated to him by the Local, State, or International Association of Fire Fighters, or members who are working in their place shall be considered present and eligible to vote absentee in election of officers. Any members who are prevented from attending either of the two monthly meeting nights by virtue of their being compelled to be on duty both nights, or on duty one night and taking a promotional examination or working for someone who is taking a promotional examination the other night, or who is off duty on his assigned vacation time, shall be considered present and eligible to vote absentee in election of officers provided said member was in attendance at either meeting of the previous month. Section 8. Rules for meetings. The rules contained in Atwood’s Rules for Meetings shall govern the meetings of the Local in all cases not in conflict with this Constitution and By-Laws, or the Constitution and By-Laws of the International or interpretation of these documents. ARTICLE VIII – FEES, DUES, AND ASSESSMENTS Section 1. The funds of this Local shall be used in defraying necessary expenses and benefits hereinafter provided for. Section 2. The Executive Board shall have the power to spend funds in the conduct of Local business in accordance with the actions of the membership and within the approved budget. Section 3. Initiation Fees shall be paid by the Local in the amount set by the International Association of Firefighters Section 4. Dues shall be one and one quarter percent (1.25%) of base salary plus longevity supplement (per pay period) of a firefighter who has completed 15 years of service in the department. Section 5. Assessments may be made only in the following manner: Each member in good standing shall be notified in writing at least thirty (30) days in advance of the date on which the vote for an assessment is to occur. Such notice shall be made in the same manner as regular notice of meeting and agenda. The proposed assessment shall become effective upon a majority vote of the membership in good standing, by secret ballot, at a regular or special meeting. Section 6. Increase in rate of initiation fees, reinstatement fees, dues or assessments shall require notice of such proposed increase to be given to the members in good standing at least thirty (30) days in advance of the date on which the vote for such increase is to occur. Such notice shall be made in the same manner as regular notice of meeting and agenda. The proposed increase shall become effective upon a majority vote of the members in good standing, by secret ballot, at a regular or special meeting. Section 7. Any member fined or punished by this Association shall stand suspended from all rights and privileges until the fines are paid or the requirements of the sentence of punishment complied with. Section 8. This Association shall assume the $10.00 reinstatement fee assessed by the IAFF for members returning to this Association. This reinstatement fee is in no way related to back dues that may or may not be owed by the returning member. ARTICLE IX- LEGAL REMEDIES Section 1. The President shall appoint, with the advice and consent of the Executive Board, a standing committee (Legal Aid Committee) to deal with all request for the Association to assist with the financing of legal fees. The committee shall be composed of seven (7) members. This committee shall have at least one individual from each rank from Firefighter through Battalion Chief. The President shall also appoint an alternate to each of the seven (7) committee members. The alternate shall serve when the President deems a member of the committee to be involved or the person requesting the assistance is from the same battalion as the committee member. All cost associated with a 3rd party hearing examiner will be the responsibility of the member, unless prior approval from the Executive Board allows a member to go to the Legal Aid Committee. Section 2. The committee shall be empowered to hear request for legal financial assistance from a member or members only when referred to the committee by the Executive Board or a vote of the membership. The committee shall further be empowered to grant whatever amount of legal financial assistance that they deem to be fair and equitable, or to refuse to grant any amount if they consider after investigation that it doesn’t merit the same. Section 3. (a) The responsibility of making a Civil Service protest shall be the member’s to make within the statutory time involved, all protest to be made to the Civil Service Commission in writing, with a copy of the same to go to the Civil Service Director. (b) A member making a request of the Committee shall be allowed to present any evidence and have any witness that he cares to exhibit, and any member who might wish to protest the same shall have the same privilege. All protests shall be made in writing, to the Chairman of the Committee. The Committee may also request written affidavits of any member making request of the Committee. (c) All arguments for or against shall be made to the Committee as a whole while in a called session and not to an individual member of the Committee. The Committee may hear requests for assistance on promotional disputes, but may participate on a matching funds basis only, unless there is an overwhelming need to establish a legal precedent which would bring about a reform which this Local has been seeking. Section 4. Any member who is dissatisfied with the decision of the Committee shall file notice of appeal to the membership with the Committee Chairman, whereupon the subject shall be placed on the agenda of the next regular meeting. In which case, the Committee shall be required to have a representative at both meetings and present the findings of the Committee to the membership, after which the appealing member shall be allowed to make his case. The Committee may rebut, and member may close debate. A majority vote of the members present and voting shall prevail. Failure of the member to appear at the next regular meeting shall constitute forfeiture of his right to appeal to the membership except the President may, for cause, postpone the appeal to another regular meeting. ARTICLE X- MISCONDUCT, TRIALS, AND APPEALS Section 1: Misconduct and Trials. Any member charged with misconduct as defined in Article XV of the International Constitution and By-Laws shall be served with written specific charges as required by Article XVI of the International Constitution and be given a reasonable time to prepare his/her defense and afforded a hearing as provided in Article XVII of the International Constitution. Section 2: Appeals. Appeals may be made in accordance with Article XVIII of the International Constitution and By-Laws. Such appeal must be filed with the International General President of this Association within thirty (30) days of the action to be appealed. ARTICLE XI– AMENDMENTS Section 1. The Constitution may be amended by a two-third vote of those present at any regular or special meeting of this Association, provided that the amendment to be voted on has been presented and filed with the Secretary at the last regular meeting prior to the meeting at which the vote is taken. Section 2. When an amendment is offered to the Constitution or By-Laws, it shall be referred to the Constitution and By-Laws Committee for wording or recommendation. The Committee shall meet and report by the next regular meeting. If the committee should recommend passage of the amendment they shall word the proposal designation the Article and Section to be charged and showing how the Section would read upon adoption. This wording shall then be printed and sent out with the regular meeting notice and agenda. However, if the Committee should recommend rejection, their recommendation shall be printed on the agenda and a member of the Committee shall be present each meeting the following month to make known the Committees reasoning for rejection. Should the membership overturn the Committee rejection recommendation, then the proposed amendment would go back to the Committee for wording, be printed on the next agenda notice and a vote taken the following month. Section 3. A proposed amendment to this Constitution, or any By-Laws made under its provisions, shall be submitted for approval to the General President prior to its printing, issuance, or effectiveness, after it has first been adopted by the membership. Section 4. After any amendments to this document the Local shall update the Constitution and By-Laws and be made available upon request to any member who requests a copy. A printed copy shall be included in the Local’s Union Roster and distributed to the membership in odd numbered years. BY-LAWS ARTICLE 1-COMPENSATION Section 1. The basis for compensation for work performed for the local by either officers or members on the hourly base pay plus longevity supplement of a Firefighter who has completed 15 years of service in the department and on a 40-hour week. Such compensation shall be subjected to the following limitations: (a) the Local will not compensate for: (1) on duty time, (2) for any service which has not been authorized in advance by the President or Secretary of the Local; (b) This hourly rate shall not apply to (1) officer’s expenses or allowances to out of town business trips or conventions, (2) members attending in mass at council meetings or legislative hearings. The out of town business trips, conventions, seminars, etc. attended for the Local by officers and delegates be given an allowance using the same guidelines as the IAFF. (Per-diem, meals & mileage) Members receiving compensation from the T.S.A.F.F. or the I.A.F.F. shall receive a rate equal to that paid by Local 440. Section 2. A regular monthly accounting of all hours which have been charged to the Local and activities performed for the Local shall be submitted to the Secretary/Treasurer of the Local. ARTICLE II – PROTECTION OF OFFICERS Section 1. Any Officer, Committee member, or otherwise designated member of the Local 440 International Association of Firefighters, who shall suffer suspension or discharge while carrying out a mandate from the members of this Association, shall be fully remunerated by this Association to wit-he or she shall be paid an amount equal to his or their salary at the time of discharge and he or they shall continue to be paid for a period not to exceed two years, and after such period it will be subject to review of Local 440. Payments to be made from the Treasury of Local 440, until such time as he or they are completely exonerated and restored to their former position and rank, or until all avenues or recourse, including the assistance available from the courts, and the International Association of Firefighters, have been exhausted, and they shall have secured another position sufficiently lucrative to provide adequate support for said member or members and their families. They shall also retain membership in this Local and be in good standing, without remuneration if they so desire; however, we assume no obligation to protect any member who shall go beyond the authority vested in him by this Local or by the International Association of Firefighters to wit-conduct unbecoming a Firefighter or acts without the Law. Section 2. This amendment can and will in the absence of sufficient funds on hand be supported by special assessments to be equally divided among the members of the Association, and the member or members so suspended or discharged shall draw an amount equal to their salaries at the time of suspension, and the Association shall bear all legal costs not provided by the International Association of Firefighters, but shall, in the event the offended member or members shall receive back pay, be remunerated to the amount of back pay received by said member or members. ARTICLE III- MISCELLANEOUS Section 1. All Laws, amendments or alterations to these By-Laws made thereafter shall be applicable to members in the same manner as if such laws were herein inserted. Section 2. Ignorance of the Laws of this Local will not be considered an excuse in any case. Section 3. No member shall be nominated for the candidacy of an office nor shall he serve on any committee; nor shall he be allowed to vote on any question unless he is in good standing and a fully paid-up member. Section 4. Any member in good standing shall be entitled to a membership card to be had from the Secretary. All fines, dues and assessments levied on members shall be entered into same and paid before renewing member’s card. Section 5. Any member of the Association in good standing leaving the department upon their own request and returning to active duty shall be returned to active membership upon resumption of paying dues. Section 6. Any member of Local 440, who might be elevated to the position of Chief of the Fire Department, shall be excluded from active membership, and upon coming back into the Department in any other capacity, shall automatically become an active member upon resumption of payment of dues. Section 7. The Local will sponsor for its members in the Spring of each year an opportunity for social brotherhood. Section 8. Resolutions, amendments to the Constitution and By-Laws and charges against any member or officer must be made and presented in writing, otherwise they shall not be considered. ARTICLE IV – COLLECTIVE BARGAINING AGREEMENT Section 1. A negotiation team will be appointed by the President with the majority approval of the Executive Board. Any contract ratification vote on a Tentative Agreement that contains changes to TLGC Chapter 143 shall require a 2/3 majority vote of those ballots cast for approval. Section 2. Special meetings shall be called to ratify any proposed contract that has been tentatively agreed to by the City and the Local 440 Bargaining Team. Ratification shall require a majority vote of those members present at the special meetings except as noted in Article IV, Section 1. Section 3. The President shall appoint a Grievance Committee to review all contract grievances filed by a member of the Bargaining Unit in accordance with the terms of the Grievance Article and other relevant provisions of the contract. If the committee determines that the grievance has merit, Local 440 will formally process the grievance. The decision of the committee is final, unless the grievant appeals such decision to the Local 440 Executive Board for final determination. 05/06/15 QRSoôÿç ò « Ë Ó { | ‡ >:EF`®²¾ÆÇÉV^_aHPQS¬´¶á_jÆÖ÷@AL$•  *”•–£Ô÷íãÜÔÜÔÜÔÏÇÔ¿¸¿Ô¿¸¿Ü¸ÜÔ°ÔܸÜÔܸÜÔܸÜÔÜ©ÜÔÜÔ°ÔÇÔÜÔ¤ÔÜÔÜÔÇÔÇ�Ç hl]�hCR‡ hµ=15� hl]�h-\hl]�h ­5� hl]�hüE/hl]�hüE/5�hl]�hCR‡5� hl]�5�hl]�h0h5� hl]�h0hhl]�h0h>*CJhl]�h`ye>*CJhl]�h`yeCJ</RSdóôæ ç { | >89:;TU½¾TUVúúòðëëëëëëãëëÞãëëðððëëëëëgdüE/$a$gdüE/$a$$a$gd`yegd`yeVGHª«¬ÕÖ^_bc?A”• •–\]Ò!Ó!Ú#Û#Ü#úúúúúøøúúúúóóóóúúúúúúúúëææ$a$$a$gdÀ´$a$$a$Ôç9@[\]dfhËÍR Ñ!Ò!Ó!Ú!Û!Ý!Þ!ß! 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