Madera DSA By-Laws


ARTICLE I

NAME / LOCATION


SECTION 1.01 NAMES:
This organization shall he known as the Madera Deputy Sheriff's Association, Incorporated. It shall be incorporated under that name as a non‑profit organization accordance with the laws of the State of California.

SECTION 1.02 LOCATIONS:
The principal office of the Association for the transaction of its business shall be located in County of Madera, State of California.

 

ARTICLE II

OBJECTIVE


SECTION 2.01 OBJECTIVE OF THE ASSOCIATION:
This Association was formed to represent its members in all matters relating to employment relations with the County of Madera, including but not limited to:

  1. The negotiation of wages, hours and working conditions;
  2. To bind its members in a closer bond of fraternity for mutual protection;
  3. To promote and improve social interaction and welfare between the members thereof;
  4. To provide other relief to members and their dependents in case of accident, sickness, death or distress;
  5. To do any and all acts necessary, expedient, convenient or incident to the administration of any and all of the purposes for which it is organized under these Bylaws.

 

The Association objectives do not include the intent, and are prohibited from supplying basic safety or other normal operating equipment to the County of Madera; the Sheriff’s Department or its employees or programs.  The Association was formed to aid its members and not to assist in furnishing the County of Madera or the Sheriff’s Department with basic tools, equipment, and materials with which they need and should supply to effectively function and perform their missions.

 

ARTICLE III

MEMBERSHIP


SECTION 3.01:
The Association shall have two classes of members as follows:

  1. Regular Members
  2. Associate Members.

 

In all respects, except voting rights and the right to hold office, all members retain the rights, interests, and privileges of each member; regardless of his/her classification in the Association are equal. No member shall hold more than one (1) membership in the Association.

SECTION 3.02 REGULAR MEMBERS:
Any person who is a full-time sworn employee of the Madera County Sheriff's Department holding the rank of Sergeant, Deputy I, Deputy II, Deputy Sheriff-Baliff, Welfare Fraud Investigator, or D.A. Investigator is qualified to become a regular member of the Association. Regular members in good standing shall be entitled to: hold office; vote on all matters to the general membership; participate in any and all Association activities and programs; and, receive all other benefits.

SECTION 3.03 ASSOCIATE MEMBERS:
All other full time employees of the Madera County Sheriff's Department are qualified to become Associate Members. Any person retired from the Madera County Sheriff’s Department is eligible to become an Associate member.  Associate members may not vote or hold office as a board of director.

SECTION 3.04 FAILURES TO BECOME MEMBER:
All active members of the Madera County Sheriff's Department who are eligible to become members of the Association and do not avail themselves of the opportunity within a period of thirty (30) days from the date of their permanent appointment in the Sheriff’s Department, or who resigns their membership, may become members if they pay a penalty of $1.00 per month in addition to all back dues.

SECTION 3.05 CORPORATIONS:
All members of the Association in good standing at the time of the adoption of these Bylaws will automatically become members of the Association. The term "a member in good standing” as used in the Bylaws of this Association shall include a requirement that said member cooperate and assist this Association, its officers and committees to the extent that the administration of benefits in accordance with the object and purpose of said Association can be accomplished.  The foregoing term shall also include a requirement that a member, if requested by the officers to assist in the promotion and administration of the Association affairs, shall furnish such assistance.  Any member of the Association whose conduct does not include the foregoing requirements, may, upon the option of the officers of this Association, be notified that his/her membership will be considered at the next Board of Directors meeting for the possible suspension of benefits or termination. Any member so advised by the Association officers, in writing, of such possible review for suspension of benefits or termination may attend such meeting and offer evidence as to why such disciplinary action or termination of membership should not be ordered. The Board of Directors and Officers, sitting to review such matters, shall consider only evidence of alleged lack of cooperation of such member in respect to the matters contained in the foregoing paragraphs, and the extent of any such matters in conflict with the Association’s objectives and purposes under the Articles of Incorporation and these Bylaws. Such action may be taken by said Board of Directors and Officers sitting to review the matter shall be final.

SECTION 3.06 VOLUNTARY TERMINATIONS:
Any member of the Association shall automatically terminate his/her membership by causing his/her written request for such termination to be delivered to the President or Secretary of the Association personally or by United States mail.

 

SECTION 3.07 INVOLUNTARY TERMINATIONS:    
Any member who fails to pay his/her dues when they become due and within thirty (30) days thereafter shall automatically terminate at the end of such thirty (30) day period, provided he/she was given written notice delivered to him/her personally or by United States mail within ten (10) days before the due date that such dues were due and payable as of said due date.  In the event that such written notice is not given as herein required, then such membership shall automatically terminate for nonpayment of dues only if the dues are not fully paid within thirty (30) days after such written notice is eventually given and delivered to the member in person or by United States mail, postage prepaid, and sent to him/her at his/her address as it appears on the books of the Association. 

The Board may terminate, expel or suspend a member; by a two‑thirds vote of the membership for any flagrant violation of any provision of these Bylaws or failure to satisfy or maintain membership qualifications.

Any change in a member’s employment status, making him ineligible for membership under Section 3.01, shall automatically terminate his/her membership in the Association.
(d) In any action for termination other than a change in employment status as set forth herein, the Board of Directors shall give the member, who is the subject of the proposed action, fifteen (15) days prior notice of the proposed expulsion, suspension or termination and the reasons therefore.

The member may submit a written statement to the Board of Directors regarding the proposed action not less than five (5) days before the effective date of the proposed expulsion, suspension or
termination.  Prior to the effective date of the proposed expulsion, suspension or termination, the Board of Directors shall review any such statements submitted and shall determine the mitigating effect, if any, of the information contained therein in the proposed expulsion, suspension or termination.  A suspended member shall not be entitled to exercise any of the rights set forth in Sections 3.03.

SECTION 3.08 TERMINATIONS OF RIGHTS:
All rights of a member in the Association or in its property shall cease on termination of membership as herein provided.

SECTION 3.09 REINSTATEMENTS:
Any member, whose membership is terminated as provided in this section, other than by death, may
have his/her membership reinstated on such terms, as the Board of Directors may deem appropriate by filing a written request with the President or Secretary of the Association or with any Director and on approval of the request by the majority the Directors present at the meeting at which the request is considered. 

SECTION 3.10
Membership shall be non‑assessable.

SECTION 3.11 MEMBER LIABILITIES:
No member of this Association shall be personally liable for the debts, liabilities, or obligations of the Association.

SECTION 3.12
Membership in the Association is nontransferable and non‑assignable.

 

ARTICLE IV

DIRECTORS


SECTION 4.01 POWERS AND DUTIES:
The direction and administration of the affairs and funds of this Association shall be vested in a Board of Directors, elected as hereinafter provided.  All corporate powers granted this Association by its Articles of Incorporation and permitted by the California General Non‑Profit Corporation Law shall be exercised by or under the authority of the Board of Directors, subject to the limitations of the Bylaws.

It shall be the duty of the Board of Directors to conduct, manage, govern, and administer all of the affairs of this ASSOCIATION; to control and supervise the holding of all of its funds and property; to cause to be kept a complete record of all meetings and acts; to supervise all officers and employees of this Association and to see that their duties are properly performed; to pass upon the applications for membership, and to pass upon all matters pertaining to the affairs of this Association.  The Board of Directors shall have the power, through the officers and employees, of this Association, to contract for, construct, purchase and otherwise acquire personal and real property, both improved and unimproved, for the purpose of establishing offices and necessary related facilities for the Association. 

SECTION 4.02 NUMBER AND QUALIFICATIONS OF DIRECTORS:
The authorized number of Directors of the Association shall be nine (9).  Of this number, eight (8) shall be designated as members who are peace officers from the Sheriff’s Department, one designated position shall be a peace officer member from the District Attorney’s Investigators, Welfare Fraud Investigators, or Bailiff Division.  Only permanent, sworn, regular members in good standing shall be eligible to serve as a Director of the Association.

In the event that no qualified candidate is nominated from the District Attorney’s Investigators, Welfare Fraud Investigators, or Bailiff Division for an election year, their designated position can be filed by any nominated qualified member.

SECTION 4.03 TERM OF OFFICE:
The Directors shall serve for a term of two (2) years until the successors are elected and assume office.

SECTION 4.04 NOMINATIONS AND ELECTION:
The nomination and election of Directors shall be as set forth in Article VIII of these Bylaws.

SECTION 4.05 ASSUMPTION OF OFFICE:
The newly elected Directors shall assume office at the first regular Board of Directors meeting following the conclusion of the election.  The first order of business at this meeting shall be the seating of the new Officers.  They shall immediately assume the duties of their office.

SECTION 4.06 COMPENSATION:
Directors shall serve without compensation, but may be allowed reimbursement for expenses incurred in the performance of special services for the Association, provided such services are authorized and approved by the Board of Directors.

SECTION 4.07 REMOVALS OF DIRECTORS:
If any Director willfully neglects to perform the duties required by the Corporate Bylaws or any other duties and responsibilities assigned by the Association, the President shall, with two‑thirds (2/3) approval of the full membership, discharge such Director and appoint a new Director pursuant to Corporate Bylaws regarding vacancies.

SECTION 4.08 VACANCIES:
A vacancy on the Board of Directors shall be deemed created:

  1. By resignation or death of a Director.
  2. By such separation of a Director from county employment as precludes further status as an active member pursuant to these Bylaws.
  3. By a Director who fails to attend two (2) consecutive regular meetings of the Board if such absences are for reasons unacceptable to a majority of the remainder of the Board.
  4. By removal of a Director from office pursuant to 'these Bylaws.
  5. By loss of good standing in the Association.

When one or more vacancies occur for any of the reasons set forth in this section, the Board of Directors shall, by resolution to be entered into the minutes, declare the office and offices vacant, giving the reason therefore.  Vacancies on the Board may be filled by a majority vote of the remaining Directors, although less than a quorum, or by sole remaining Director and each Director so elected shall hold office until the expiration of the term of the replaced Director, or until such replacement Director Successor has been elected and qualified.  Alternatively, the President shall immediately appoint an active member to fill each vacancy so declared, such appointment to be subject to confirmation by a majority of the remaining members of the Board, though less then a quorum.  Each Director so appointed shall hold office for the duration of the unexpired term.

 

ARTICLE V

OFFICERS


SECTION 5.01 OFFICERS:
The Officers of the Association shall be a President, Vice-President, Secretary and Treasurer.

SECTION 5.02 QUALIFICATIONS, MANNER OF ELECTION AND TERM:
The Officers of the Association shall be reserved for Directors from the Sheriff’s Department.  The Officers of the Association shall be elected every year; as set forth in Article VII and VIII of these Bylaws.  The Officers shall serve for one year or until their successors are elected.

SECTION 5.03 DUTIES AND RESPONSIBILITIES:
President:  shall as the Chairman of the Board and preside at all meetings of the Board and exercise and perform such other powers and duties as may be from time to time assigned by the Board.  The President is the General Manager and Chief Executive Officer of the Association, and has, subject to the control of the Board, general supervision, direction and control of the business and Officers of the Association.

Vice-President:  shall perform the duties of the Business Manager of the Association.  In the absence of the President, the Vice-President shall perform all applicable duties of the President.  The Vice-President shall also perform such other duties as the Board of Directors may direct, and which are not inconsistent with these Bylaws.

Secretary:  shall perform the duties of Association Historian.  The Secretary shall record, or cause to be recorded, the minutes of all meetings of the Board of Directors, and meeting of the general membership of the Association.

Treasurer:  shall have charge and custody of all funds of the Association, shall deposit such funds as required by the Board of Directors, shall keep and maintain adequate and correct accounts of the Association’s properties and business transactions, shall render reports and accounting to the Directors or members, and shall in general, perform all duties incident to the office of Treasurer and such other duties as may be required by law, by the Articles of Incorporation, or by these Bylaws, or which my be assigned to him from time to time by the Board of Directors.

SECTION 5.04 OFFICER VACANCIES:
Any vacancy created by the incapacity, death, resignation, disqualification, or removal of an Officer shall be filled in the following manner. 

  1. If the Office of the President becomes vacant, the Vice-President shall act as a President until the Board of Directors elects a new President.
  1. If the Office of Vice-President, Secretary of Treasurer becomes vacant, the Board of Directors, as soon as practicable, shall elect any qualified member of the Board of Directors, or any member in good standing.

SECTION 5.05 REMOVALS FROM OFFICE:
If any Officer willfully neglects to perform the duties required by the Corporate Bylaws or any other duties and responsibilities assigned by the Association, or willfully commits any act prohibited by the Corporate Bylaws or by the Board of Directors when so empowered by these Bylaws, two thirds (2/3) of the Board of Directors or ten percent (10%) of the general membership signing a recall petition may call for a general membership recall election.  Such recall petition shall include the name of the Officer whose removal is sought and specific reasons for such removal.  The Elections Committee shall, within fourteen (14) days of receipt of such petition, hold a recall election of the general membership.  A two thirds (2/3) vote of the general membership voting shall be required to remove such Officer.  Such removal shall become effective up certification of the recall election.

 

ARTICLE VI

COMMITTEES


SECTION 6.01 STANDING AND TEMPORARY COMMITTEES:
The Board may establish such standing and temporary committees as it deems necessary to carry out its duties under these bylaws.

SECTION 6.02 TERMS OF COMMITTEES:
Each committee appointed by the President and approved by the Board of Directors shall also have a committee chairperson appointed by the Board of Directors.  Each committee as herein provided shall serve until its duties have been fulfilled and completed and it has been discharged by the President and Board of Directors.  Each committee member shall be released of their duties upon termination of the committee.

SECTION 6.03 DUTIES AND RESPONSIBILITIES:
The chairman of each committee shall be appointed by the Board and shall be responsible for the assignment of its members’ duties and overseeing the performance thereof, and shall act as the primary liaison between the committee and the Board.  Each committee shall meet as frequently as necessary and take all actions reasonably required to perform its functions.

SECTION 6.04 DISABILITIES OF COMMITTEE MEMBERS:
If, for any reason, any member or any committee is unable to act, the President, with the approval of the Board of Directors, may appoint any other qualified member of this Association to act in the place and stead of such discharged member until such disability is removed.

SECTION 6.05 NEGLECT OF DUTIES OF COMMITTEE OF COMMITTEE MEMBER:
If any committee, or any member of any committee, shall willfully neglect to perform the duty, or duties, for which it or he/she shall have been appointed, the President may, with approval of the Board of Directors, discharge such committee or member who appears guilty of such neglect, and appoint a new committee or member, with the approval of the Board of Directors.

SECTION 6.06 STANDING COMMITTEES:

  1. Bylaws:     It shall be the duty of this committee to receive, prepare and present to the Board of Directors any and all proposals concerning the change in the Constitution and Bylaws of this Association and to draft and submit any desired, required, or suggested amendments thereto.
  1. Negotiations:     It shall be the duty of this committee to represent its members in all matters relating to employment relations with the County of Madera, including but no limited to the negotiations of wages, hours, and working conditions.
  1. Elections:     It shall be the duty of this committee to conduct and oversee all elections and ballot measures in accordance with the applicable provisions of these Bylaws and the California Corporations Code.
  1. Insurance:     Is shall be the duty of this committee to establish and maintain lines of communication between the membership and the Association’s designated insurance companies, including, but not limited to, its Agents and Brokers.  This committee shall maintain the current policies in effect and strive to develop any other policies that would further insure the safety and well-being of this Association.
  1. Retirement:     It shall be the duty of this committee to establish and maintain lines of communication between all retired members in good standing and the Association, including, but not limited to, appraisal of all rights, privileges and benefits provided by the Association.
  1. Special Events:     It shall be the duty of this committee to plan and execute any and all activities which benefit members of this Association not delineated or vested within any other committee of this Association.
  1. Ways and Means:     It shall be the duty of this committee to devise ways and means of securing, procuring, or obtaining funds for this Association or to advise, suggest aid or assist in devising ways and means of accomplishing any of the purposes of this Association.
  1. Membership:     It shall be the duty of this committee to contact the personnel eligible for membership in this Association to apprise them of the existing benefits and enlist their support.

SECTION 6.07 POLITICAL ACTION COMMITTEE:
The Board of Directors of this Association shall have full power to engage in political activities which directly benefit members of this Association.  Including, but not limited to, powers to endorse candidates and propositions, and to oppose candidates and propositions, in all state and local elections.

The Madera Deputy Sheriff’s Association Political Action Committee is hereby established.  This committee shall research political issues and candidates, advise the Board of Directors in political matters, and assist toward existing the policies and directives of the Board of Directors or membership.

This committee shall consist of a Chairperson, and members as appointed by the Board of Directors and in accordance with these Bylaws.  The chairperson shall act as the committee executive officer and be subordinate to the Association President in the execution of the policies of the Board of Directors or membership.

This committee shall maintain registration with the State of California Fair Political Practices Commission as required by law.  This committee shall comply with all rules, regulations, and laws of the United States of America and the State of California.

The Treasurer shall record, or cause to be recorded, all financial transactions of this committee is accordance with these Bylaws.

The Board of Directors is authorized to expend special Political Action Committee funds towards the execution of Association Political Action programs.  Special political action funds shall only consist of funds voluntarily donated for political action purposes by Association members or other persons, and any interest or dividends earned from the investment or deposit of such funds.  This committee and Association shall not expend any funds obtained from membership requisite dues, charitable donations, and interest or dividends earned by investments or deposits of such funds for any political purposes.

 

ARTICLE VII

PROCEDURE

SECTION 7.01 REGULAR MEETING OF THE BOARD OF DIRECTORS:
The regular meeting of the Board of Directors of this Association shall be held once every month, at a time determined by the present President.  Meetings shall be held at the office of the Association or any place which may be appointed or designated by the President.

For the purpose of holding such meeting, Five (5) members of the Board of Directors shall constitute quorum sufficient for the transaction of any business which may regularly and properly be brought before it. In the absence of both the President and Vice-President at any meeting, a temporary chairperson shall be appointed by the Board of Directors then present, to act as a president officer at the meeting.

SECTION 7.02 SPECIAL MEETINGS OF THE BOARD OF DIRECTORS:
Special meetings of the Board of Directors may be called by the President at his/her discretion, or in his/her absence or inability to act, by the Vice‑ President, or in his/her absence or inability to act, by the member of the Board of Directors, to be selected by the remaining Board members.

SECTION 7.03 ROBERTS RULES OF ORDER:
All meetings will be conducted under the Roberts Rules of Order.

SECTION 7.04 MAJORITIES TO PASS ON QUESTION:
No question, proposal or proposition, affair or transaction which may be wholly within the power and jurisdiction of the Board of Directors to decide shall be decided except upon a majority vote of the Directors present.

SECTION 7.05 PRESIDING OFFICER NOT TO VOTE ‑ EXCEPTIONS:
The presiding officer shall not have the power to vote on matters before the Board of Directors, except in the event of a tie vote of the Board of Directors.

SECTION 7.06 BYLAWS AMENDMENTS:
These Bylaws may be amended or repealed by any of the following:

  1. By written consent of members entitled to exercise a majority of the voting power, or by the vote of a majority of a quorum at a meeting of members duly called for the purpose according to the Articles of Bylaws.
  1. By a two thirds (2/3) vote of the full board of Directors, subject to the power of the members to change or repeal the Bylaws and the provisions of Section 7150 of the California Corporations Code; provided, however, that copies of any such amendment made by the Board shall be forwarded as soon as practicable to all members in good standing.

SECTION 7.07 BYLAWS INQUIRIES:
All inquiries or disputes of interpretations of these Constitutions and Bylaws, the By‑Law Committee shall have sole authority to interpret and render rulings concerning disputes over compliance with these Bylaws.  Such rulings shall be binding upon the officers and Members of the Board of Directors of the ASSOCIATION.

SECTION 7.08 GENERAL MEMBERSHIP MEETINGS:
Meetings of members shall be presided over by the President or, in the absence of the President, the Vice‑President will preside, in the absence of both, by a chairperson chosen by a majority of the members present.  The Secretary of the Association shall act as Secretary of the meeting of the members.  In case the Secretary Is absent from any meeting of general members, the presiding officer may appoint any person to act as Secretary for the meeting.

When a special meeting of the membership is requested in writing by at least ten percent (10 %) of the members in good standing of the Association, the President must, or in his/her absence or inability to act, any other officer of the Association shall call such meeting within fifteen (15) days after filing of such written request.  Petitions requesting special me­etings shall state fully in clear and concise language an outline of the proposition or matter to be decided.  At such special meetings ten percent (10%) of the members in good standing shall constitute a quorum sufficient for the transaction of the business for which such meeting is called, provided, however, that a majority vote of all members present shall decide any questions, matter, proposition or affair properly brought before it.

SECTION 7.09 GENERAL MEMBERSHIP MEETINGS LOCATION:
Meetings of members shall be held at the principle office of the Association or at such other place or places within or outside the State of California as may be designated from time to time by resolution of the Board of Directors.

SECTION 7.10 NOTICES OF GENERAL MEMBERSHIP MEETINGS:
Written or printed notice of time and place of every meeting shall be posted on the bulletin board at the main office and at all substations.  The notices shall be given by the Secretary or other person designated by the President or on the neglect or refusal of the person charged with such duty to do so, by any Director or member of the Association who, for the purpose of giving such notice, shall have made available to him/her at the principle office of the Association during regular business hours, the membership books.  This notice shall be given fifteen (15) days prior to the meeting.  Notice of meetings of members shall specify the place, the day, and the hour of the meeting and, in the case of special meetings, the general nature of the business to be conducted.

SECTION 7.11 NOTICE OF SPECIAL MEETINGS:
Notice of all special meetings shall be given by posting a notice of said meeting on the bulletin board of each work location, as soon as scheduled, or at least five (5) days prior to the holding of the meeting.

SECTION 7.12 QUORUMS:
A quorum shall consist of a minimum of 10 percent (10%) of the voting members.

SECTION 7.13 QUORUMS REQUIRED:
The transactions of any meeting of members, however called and noticed, are valid as though at a meeting duly held after regular call and notice, if a quorum, as hereinafter defined, is present in person and if either before or after the meeting, each of the persons entitled to vote but not present in person signs a written waiver of notice, or a consent to the holding of the meeting, or an approval of the minutes thereof.  All such waivers, consents, or approvals shall be filed with the corporate records or made a part of the minutes of the meeting.  In the absence of a quorum, any meeting of the members may be adjourned by the vote of a majority of the voting members present, but no other business shall be transacted.  The members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment notwithstanding the withdrawal of enough members to leave less than a quorum.

SECTION 7.14 NOMINATIONS OF CANDIDATES:
Nominations shall be made by filing a written petition with the Secretary of the Association during the month of October of each year.  The petition shall contain the name of the members nominated.

SECTION 7.15 ELECTION PROCEDURES:
In the last two weeks of November the Secretary shall mail ballots to the membership. The ballots will be mailed to the address listed on the Madera County Auditors roll for the month of October at the December meeting of the Board of Directors, the ballots shall be counted in front of all members present. The ballots shall me number in such a way that they can be accounted for. This will be done at the discretion of the Elections Committee.

SECTION 7.16 VOTING OF THE GENERAL MEMBERSHIP:
Each regular member, in good standing, shall be entitled to one vote on each matter submitted to a vote of the members.  Members who fail to be in good standing, as set forth in Section 3.10 shall not be entitled to vote on any matter.

Voting at duly held meetings shall be by voice vote, except as otherwise expressly provided in these Bylaws.  Election of Directors, however, shall be by ballot.

Every person entitled to vote has the right to do so either in person, or by one or more persons authorized by a written proxy executed by such member and filed with the Secretary.  Any proxy duly executed is not revoked and continues in full force and effect until revoked by the person executing it,  prior to the vote pursuant thereto.  Such revocation may be effected either by a writing delivered to the Secretary of the Association stating that the proxy is revoked or by a subsequent proxy executed by the person executing the prior proxy and presented to the meeting; or, as to any meeting by attendance at the meeting and voting in person by the person executing the proxy, provided, however, that no proxy shall be valid beyond the specific meeting or vote for which it was issued;. and as a further restriction on voting by proxy, no member’s proxy vote shall be valid unless that member is on extended sick leave from the Department, is out of the County of Madera on Department business or Department authorized training, or is on duty and therefore unavailable to attend the meeting.

Cumulative voting for the election of Directors or otherwise shall not be authorized.  Each member shall cast only one vote per candidate.  The candidates receiving the highest number of votes up to the number of Directors to be elected are elected.

 

ARTICLE VIII

CORPORATE FINANCES


SECTION 8.01 POWERS AND DUTIES:

  1. Board of Directors:   The direction and administration of the general and special funds of the Association shall be vested in the Board of Directors.  The Board of Directors shall establish and maintain written policies for receipt, distribution, and recording of the general funds of the Association in accordance with these Bylaws.  The Board of Directors shall adopt a budget and resolution of general appropriations on or before the first day of each fiscal year of the Association.
  1. President:   The President, assisted by the Vice-President, Secretary, and Treasurer shall develop and propose a Association Budget and resolution of general appropriations for each fiscal year, and deliver same to the Board of Directors, on or before the first day of March, preceding each fiscal year.
  1. Treasurer:   The Treasurer shall have legal custody of funds of the Association.  The Treasurer shall maintain, or cause to be maintained, accurate records of all receipts, disbursements, investments, deposits into financial institutions, or other dispositions of all funds of the Association.  The Treasurer shall maintain, or cause to be maintained, accurate records of all assets and liabilities of the Association.  Said records shall, be maintained in accordance with currently accepted standard accounting practices.  The Treasurer shall make, or cause to be made available such records for inspection by any member of the Board of Directors, any member of the Association, or the Association’s Certified Public Accountant of record upon their request.

SECTION 8.02 ASSETS:
The Treasurer shall immediately deposit, or cause to be deposited, into an accredited financial institution approved by the Board of Directors, all monetary receipts of the Association.  The Treasurer may delay such deposits if the Treasurer questions the moral or legal foundation of such funds.  The Treasurer shall notify the Board of Directors of any delayed deposit no later than the close of the next regularly scheduled Board of Directors meeting.

All funds of the Association must he maintained on deposit in an accredited financial institution, or invested in a program approved by the Board of Directors.

SECTION 8.03 DUES:
The Association shall have the authority to collect dues, or cause to be collected, dues from each member as follows:

  1. The annual dues payable to the Association by members of each class shall be in such amounts as shall be voted by the membership.
  1. Regular and Associate members are individually responsible for their dues.  Such dues, where permissible, may be deducted from the employee's payroll check by the Madera County Auditor, and such deduction shall include fees for any member elected insurance or other programs made available through the Association

The Board of Directors may suspend a member’s responsibility to pay dues during a specific period of financial hardship to the member because of medical disability or other extreme personal disasters.
 
All members required to pay dues who voluntarily take leave for a period in which no Madera County pay will by received, shall pay all dues required for the anticipated period of leave prior to departure.

SECTION 8‑04 DISBURSEMENTS:
All disbursements of the Association shall be made by bank check or draft.  The Treasurer shall normally prepare, or cause to be prepared, all checks or drafts for disbursement of funds, and any evidence of indebtedness on behalf of the Association.  The Treasurer shall normally sign or endorse all checks or drafts of disbursement, and any evidence of indebtedness on behalf of the Association.

SECTION 8.05 INSURANCE PREMIUMS:
The Board of Directors shall have sole discretion to involve the Association in insurance programs for its members.  Premiums shall be based upon coverage obtained for the Association and member’s maximum benefit.

SECTION 8.06 AUDITS:
The Board of Directors shall maintain a Certified Public Accountant of Record on behalf of the Association.  Said Certified Public Accountant shall conduct an annual audit at the close of each fiscal year of all financial transactions of the Association.  The results of such an audit shall be available for viewing in the corporate office by any member in good standing of the Association.

SECTION 8.07 EXPENSE AUTHORIZATION AND REIMBURSEMENT:
The Board of Directors may authorize travel and related expenses by Association members for the purposes of attending functions on behalf of the Association. Expenses authorized through the annual budget process for attendance at conferences or training seminars do not require additional authorization. Allowed expenses are subject to the provisions of this Article.

  1. Travel:
    Automobile:  Mileage reimbursement will be made in accordance with the rate established by the Internal Revenue Service. Mileage over 300 miles one way shall have prior approval of the Board of Directors.
    Rental Cars:  Rental cars are not authorized if other feasible means of transportation are available. When authorized, rental cars should be arranged in advance through the Association.
    Transportation Expenses:  Reimbursement for actual expenses incurred will be made for cab or bus fares, other forms of public transportation, parking and tolls. Receipts are required.
    Commercial Travel:  Travel by air or rail will be arranged through the Association whenever possible.
  1. Meals and Lodging:
    2. Allowable expenses for meals (food and drink) shall be in accordance with the amounts established by IRS, as adjusted from time to time and attached to these bylaws as Appendix "A".
    Meals over the allowed limits will require a receipt, justification and pre-approval of the Board of Directors. In no event will the reimbursable amount exceed twice the sum of the allowable meals expense unless authorized by the Board of Directors.
    Meals for other persons will be listed on vouchers indicating the business purpose and their names.
    Meals are not authorized for spouses/significant others except when approved by the Board of Directors.
    Tips for meals will not exceed twenty percent (20%).
    Hotel reservations and billing will be arranged through the Association whenever possible. With the approval of the Board of Directors, reimbursement will be made for the actual room rate and tax.
    There will be no reimbursement for entertainment expenses unless it is for a business purpose. Receipts are required.
  1. Expense Advances:
    2. The Board of Directors may authorize expense advances for travel, meals, and lodging. Requests shall be submitted to the Treasurer. Following the event for which an advance has been given, receipts shall be submitted.
    All other miscellaneous, normal and necessary expenses will have a maximum of $100, unless pre-approved by The Board.

SECTION 8.08 DISSOLUTION:
In case of dissolution of this Association its assets on the date of dissolution shall be disposed of as follows:

  1. Pay all indebtedness of the Association.
  1. Pay all expense of liquidation.

SECTION 8.09 ASSESSMENTS:
Monetary assessments for any special or emergency purpose may be levied upon members of the Association by the Board of Directors, provided authority for such action has been granted by a two‑thirds (2/3) affirmative vote of the members present at the annual or special meeting or members called for this pur­pose.  Actions taken at any meeting of members approving an assessment shall be binding on any member present and not present.  Actions taken at any meeting of members approving an assessment shall not be binding if the Association failed to notify all members of record via United States Mail of this meeting, stating the‑purpose of the meeting and the amount of the proposed assessment as well as the time and place of the holding thereof, at least fifteen (15) days prior to the date of such meeting.  Any special assessment may be withheld from salary warrants in the same manner as dues.  This shall be done as soon after the meeting at which approved as practical.

 

ARTICLE IX

LEGAL REPRESENTATION


SECTION 9.01 ATTORNEY SERVICES:
If any time the services of any Attorney‑at‑Law are required to represent the Association, the Board of Directors is authorized to secure the services of such an attorney.   If at any time the service of an Attorney‑at‑Law is required in a matter which constitutes an emergency or one requiring immediate action, the President is authorized to secure the services of such an attorney, and shall notify the Board of Directors who retains sole authority to maintain or discontinue the services of an attorney under any legal action.  The compensation of such attorney services, authorized by this section, shall be maid from the general funds of the Association.

 

ARTICLE X

MISCELLANEOUS PROVISIONS


SECTION 10.01:
The fiscal year of the Association shall be the calendar year.

SECTION 10.02 TELEPHONE SURVEY:
The President or his/her designee may use a telephone survey of the Board of Directors to obtain an opinion on issues that would not require a special Board meeting.  A reasonable attempt shall be made to contact each Director, and a simple majority vote must be obtained for action to be taken. The results of the telephone survey shall be reported at the next Board meeting.

SECTION 10.03 PROMOTIONAL ACTIVITIES:
No promotional venture for the raising of funds for the Association shall be undertaken without the Board of Directors review and approval.  For such ventures monies may be loaned from the General Fund.  After all expenses have been paid, the borrowed money is to be returned to the General Fund. Any contract, which must be in writing, with any organization must be reviewed and approved by the Board of Directors.

SECTION 10.04 INVESTMENTS:
The Board of Directors may employ a third party consultant.  The consultant will have the responsibility to consult with the Finance Committee or the Board of Directors with regard to investments held by the Association.  Full control of all funds will remain with the Board of Directors.

SECTION 10.05 RATIFICATION:
These Bylaws shall become effective immediately upon adoption by the membership.

 

CERTIFICATE OF SECRETARY


I, undersigned, do hereby certify:

  1. That I am the duly appointed and acting Secretary. THE MADERA DEPUTY SHERIFF'S ASSOCIATION, INCORPORATED, A California Non‑Profit Corporation, incorporated under the laws of the State of California; and

 

  1. That the foregoing Bylaws, comprising eleven (14) pages, constitute the revised Bylaws of said Association as duly adopted by thy membership on __________.

IN WITNESS THEREOF, I have hereunto subscribed my name to this document on this ________ day of __________________ 2004.

 

_______________________________
Secretary