Constitution and By-Laws
Article I- Name
This club under the provisions of it’s charter, shall be known as the Fort Mill 10-13 Club, a not for profit fraternal club hereinafter referred to as “The Club”.
Article II- Objectives
Section 1:The objectives of “The Club” shall be to support, aid it’s members and other retired and active Law Enforcement personnel to further the welfare, improve the benefits of all retired Police Officers and to encourage social, charitable, educational benevolent and fraternal activities among the membership.
Section 2:To achieve these objectives, “The Club” will adhere to all local, state and federal laws and will conduct regular meetings of the membership.
Section 3:“The Club” shall operate under a not-for-profit corporate charter issued by the State of South Carolina and shall comply with all necessary regulations to maintain said charter.
Section 1:Application for membership shall be accepted by any honorably retired member of the New York City Police Department who would like to further the objectives of “The Club”.
Section 2:Applications for membership shall be received from any Law Enforcement person active or retired who is currently serving or has served in any Law Enforcement agency in the United States.
Section 3:Types of Membership
- Regular- Must be retired and in good standing and have performed active service as a Police Officer in the Department.
- Lifetime- Any member unanimously and approved by the board who has reached 75 years old and a member for five (5) years.
- Associate- Any person currently serving and/or retired from any branch of the U.S. Military Law Enforcement may join as an associate member. Associate members may not hold an elected position but are granted voting privileges.
- Honorary- Any person nominated by a member and approved by the general membership at a regular meeting. Spouse of any deceased member.
The property, affairs and business of “The Club” shall be under the care and management of the Board of Directors and officers as enumerated in the By-Laws of the organization.
Article I- Meetings
Section 1: General Meetings
The regular meetings shall be held at the time and place to be fixed by the President. Due notice of such meetings shall be given by mail, e-mail, to each member of “The Club”. The President for cause may change regular membership meetings. The President shall direct the secretary to notify the members of said change.
Section 2: Special Meetings
The President and/or the majority of the elective officers may call a special meeting of “The Club” when they deem it necessary for the best interest of “The Club”. Twenty-five (25) are hereby empowered to call a special meeting by petition to any elected board member. The request for the special meeting will be in writing and signed by the members requesting said meeting. No business shall be transacted at a special meeting other than that for which the reason the meeting is called. Notification of such special meeting shall be made either by mail, e-mail, telephone or fax at least ten (10) business days prior to the scheduled date set for such special meeting. Every reasonable attempt will be made to reach the membership. Non notification will not be considered a reason to object to any decisions made at a special meeting and agreed upon by the majority at said meeting will be considered binding.
Section 3: Board of Directors Meeting
The Board of Directors shall meet at such a time and place as the President shall designate.
Section 4: Committee Meetings
All committee meetings shall meet at the discretion of the chairman of said committee.
Section 5: Quorum
A quorum shall consist of fifteen (15) members present at said meeting and who are of good standing. This shall be deemed sufficient to conduct business of “The Club”. The number of elected officers that must be present for business to be conducted is three (3).
Section 6: Travel
When the President or his alternate shall travel to other chapters on club business authorized by the Board of Directors, he shall be reimbursed for mileage round trip at the current IRS rate. When sufficient funds are available in “The Club” treasury, as determined by the Board of Directors the club president or his alternate shall receive one (1) round trip ticket (coach) and a fifty-dollar per diem and not to exceed four (4) days to attend the National Convention. The club president or his alternate shall receive fifty-dollars (50) per diem (for the one day trip) to the States presidents meeting or any convention other than the National Convention. Any trips exceeding two hundred (200) miles one way, the president or his alternate will be entitled to payment for overnight lodging plus fifty-dollars (50) per diem. Receipts are required.
Section 7: Conduct
All members shall act in such a manner that is lawful, courteous and respectful to all those they come in contact with during any and all meetings and anytime their presence is recognized as a member of the Fort Mill, SC 10-13 Club. Any member who repeatedly acts in a disruptive manner may be warned of said behavior by the Sgt-At-Arms, a board member or any club member. Initiating member may request a board decision regarding said person/s repeated acts of misconduct. The board may bring forth one of three (3) decisions: 1) Innocent of said charge, 2) decide to issue a verbal warning to said person, informing them that any further misconduct will initiate a vote for dismissal from “The Club”. 3) A decision to bring to the membership a vote for dismissal. Any member that publicly offers their personal opinion in any communication that might be considered demeaning to the Fort Mill, SC 10-13 Club or any other similar organization (verbal, written or electronic) without specifically noting it is their own opinion, will be in violation of this section. Any deviation from this conduct that comes to the attention of this club will be a matter of discussion at the next Board of Directors meeting that is called specifically for a behavior violation by a board member or a majority of the membership. During such a board of directors meeting such disruptive behavior which is noted as having been demeaning or embarrassing to the club will cause a vote to be taken to determine the possible dismissal of the subject member/s. Board of directors will ensure that said notification to the subject member/s be given before the next scheduled meeting.
Article II: DUES
Section 1:The annual membership dues shall not exceed thirty dollars (30) per year for all regular and associate members, payable in January of each year.
- Should a members dues not be paid by January 31st, a letter will be mailed or e-mailed indicating payment is due and if not received by the last day of February, said member could be removed from the clubs membership roll.
- Any increase in the present annual dues, thirty-dollars (30) must be voted on in November effective the following January.
- During the first five years (5) only those members reaching the age of seventy-five (75) will be considered for a lifetime membership.
- Any member who leaves the club and later wishes to return, may re-apply and will be considered for reinstatement by the board of directors on a case by case review depending on circumstance. A repayment of dues will be considered.
Article III: FUNDS
Section 1:All monies collected on behalf of “The Club” or resulting from authorized club functions shall be deposited in “The Club” treasury and shall be used to further the purpose of “The Club”. Said monies are to be deposited in a duly chartered South Carolina bank.
Section 2:No part of said monies shall be distributed to any of “The Clubs” members for any benefit. All monies (not earnings) will be used in the furtherance of the goals and objectives of “The Club”. No monies or substantial part of the activities of the corporation shall be the carrying on of propaganda or other attempting to influence any legislation. “The Club” shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office.
Article IV: NOMINATION AND ELECTION
A nominating committee will be formed in October and nomination for officers will be accepted in November. Elections will take place the following December and those elected will take office on January 1stand serve in that post for a term of two (2) years. Club officers may serve in any office for no more than two (2) consecutive, full two (2) year terms. However, a member may be allowed an additional term if membership present elects to retain officer for an additional term. Membership present must approve additional term via a vote with no less than 2/3 majority approval of the members present.
- All votes shall be by ballot, unless running unopposed.
- All newly elected candidates must receive a majority vote of the votes cast by the membership present.
The president shall appoint a Sergeant At Arms who will be part of the Board of Directors and whose term will run concurrent with the term of the president.
Article V: ELECTION OF OFFICERS
Section 1:Definition-The officers of “The Club” shall consist of a President, Vice-President, Secretary and Treasurer who shall be elected every two (2) years at the December general meeting, to be elected during even numbered years (2018, 2020, etc.). All duly elected officers shall assume their official duties January 1st(2019, 2021, etc.).
Section 2:Vacancies- if any officer of “The Club” other than the president shall vacate his office or be recalled, the board of directors shall order a special election within thirty (30) days there after. Such special election shall be pursuant to and in the manner hereto for set forth in these BY-LAWS. The member thus elected shall immediately enter upon his duties and hold office until the next regular election.
Section 3:Two weeks prior to January 1stof the odd year the out going president and officers shall meet with the incoming president and officers for a complete transfer of all properties of “The Club”. Failure to comply will result in legal action with the offending party/parties held responsible for all costs incurred.
Article VI: ELECTION OF TRUSTEES
Section1:Nominations- The nominating committee will accept nominations for elected office from the membership at the October meeting. Candidates for election will be announced at the November meeting.
Section2:Annual Elections- Election of trustees shall be by a majority vote of all members present. “Write in votes” shall not be allowed. Annual elections should be held every December.
Section 3:Term of Office- The term of office for each trustee shall be three years (3) on a staggered basis with at least one (1) trustee elected each year.
Section 4:Vacancies- If any vacancy of a trustee occurs by death, resignation or otherwise, the board of directors shall appoint a member to fill that vacant trustee position. Approval of said appointee will occur at the board of directors next meeting. The appointed trustee shall complete the unexpired term of his predecessor.
Section 5:Assumption of Duties- All duly elected trustees shall assume their official duties effective January 1stof each year.
Article VII: DUTIES OF THE BOARD OF DIRECTORS
Section 1:Membership-The Board of Directors shall consist of all elective officers of “The Club” and Sergeant at arms. The elective officers are President, Vice-President, Secretary, Treasurer and up to four (4) trustees. The immediate past president is an ex-officio member of the board.
Section 2:The management of the property and affairs of “The Club” shall be vested in the board of directors.
Section 3: The board of directors shall;
- Decide all matters pertaining to the funds of “The Club” and shall place all income in the club treasury and direct the expediency of it.
- Not permit the solicitation of funds in the name of “The Club” unless all of the said funds raised are placed in “The Club” treasury
- Not permit the disbursement of club funds for other than “The Clubs” activities and objectives.
- Upon dissolution of “The Club” and after all outstanding debts and claims have been satisfied, distribute the property and/or funds of “The Club” to such other organizations maintaining an objective similar to that set forth herein which are or may be entitled to exemption under section 501 (C) of the Internal Revenue code or any future corresponding provision.
- Have the power by two-thirds (2/3) vote of those present at any regular or special meeting to discipline, suspend or remove any elective officer or committee member or any member of “The Club” in accordance with procedure.
- Any changes or complaints against a member must be presented in writing at a regular meeting of the board of directors before said board can take any action. The person making the changes must sign complaints.
- The member involved shall be notified of such meeting, informed of the nature of the charges and given an opportunity to appear at the meeting to answer such charges.
- Receive recommendations for non-budget expenditures in excess of one hundred-fifty dollars (150) and either disapprove such request or recommend approval to the general membership.
- The president shall have an agenda and make every effort to issue it to board of directors prior to the meeting.
- All regular board of directors meetings are open and all members may attend but may not participate during the meeting.
- No member may hold more than one elective office in one (1) year.
- All elective officers are required to attend at least six (6) meetings per year. All elective officers who do not fulfill this section will cause the board of directors to meet and at the discretion of the board of directors, make provisions for replacing said members as soon as possible.
Section 4:The board of directors may adopt such rules and regulations for the conduct of its meetings and the management of “The Club” as it may deem proper.
Article VIII: DUTIES OF OFFICERS
Section 1: President-The President shall:
- Preside at all meetings of the members and board of directors.
- Be responsible for conducting the affairs of “The Club” and for executing the policies established by the board of directors.
- Be responsible for the conduct of “The Club” in strict conformity to the policies, principles, rules and regulations, as agreed to under the provisions of their BY-LAWS.
- Present a report of the condition of “The Club” at the monthly meeting and at such other times as he or the board of directors such matters and make such suggestions as may, in his opinion, tend to promote the welfare of “The Club”.
- Investigate complaints, irregularities and conditions detrimental to “The Club” and report there on to the board of directors as circumstances warrant.
- Have the power to make and execute for and in the name of “The Club” such contracts and leases as may have received the prior approval of the board of directors.
- Be responsible for the preparation and submission of an annual budget to the board of directors and be responsible for the proper execution thereof.
Section 2: The president shall appoint the following committees:
- committee-consisting of a chairman and no more than two (2) regular members. The secretary shall be a member of such committee
- Finance Committee-consisting of one (1) director and no more than two (2) regular members.
- Membership Grievance committee-consisting of one (1) director and no more than two (2) regular members.
Section 3: The president may appoint these following committees:
- Entertainment committee-consisting of a chairman and two (2) or more regular members.
- Political Action Committee-Consisting of one (1) or more members
- Public Relations Committee-Consisting of a chairman from the board of directors and at least two (2) other members.
- Sunshine Committee-Consisting of one (1) or more members.
- Health and Welfare Committee-Consisting of one (1) or more members.
Section 4:The president may form any committee he deems necessary to properly conduct the business of “The Club”, except the nominating committee.
VICE-PRESIDENT: The vice-president shall assume the duties of the president in the event of the absence or inability of the president to execute his office, with all the rights, privileges and powers pertaining to that office. The vice-president shall be an ex-officio member of the committees.
SECRETARY:It shall be the duties of the secretary to keep correct minutes. Either by writing or electronic recording devices of all the meetings of “The Club”. To keep a correct mailing list of all members. To notify the members of meetings and BY-LAW changes and to serve in the absence of the president and vice-president.
TREASURER:It shall be the duties of the treasurer to receive all monies coming into “The Club”; to make all disbursements from the treasury and to keep and maintain correct and accurate records of all transactions.
- The Sgt-at-arms shall have the responsibility of maintaining order and decorum during the meeting and shall issue when necessary verbal warnings and ejections from meetings.
- He shall have custody of the flags, banners and any property of “The Club” as entrusted to him by the president. He shall see to it that the flag and banners are properly placed and that the meeting room is in proper condition for the conduct of the meeting.
TRUSTEES:The trustees shall audit the book and records of property on a semi-annual basis in May and November of each year and report their findings to the membership. Trustees will be responsible for assuring that incoming applicants meet the specific requirements of membership as outlined in article three (3) including but not limited to verification of retirement status and background which might make his membership subject to unlawful conduct and or demeaner. Applicant will Submit any such disclosure to the board of directors for their determination of membership.
Article IX: COMMITTEES
Section 1:The Standing Committee of “The Club” shall be:
- Nomination Committee-Shall consist of no more than three (3) regular members in good standing.
1) Shall investigate and consider eligible candidates and submit their names at the November meeting. This will take place on an annual basis for the position of trustee.
2) Shall investigate and consider eligible candidates and submit their names at the November meeting on every even numbered years (2020, 2022, etc.) for the slate of president, vice-president, secretary, treasurer and Sgt-at-arms.
- Membership Committee: The committee will receive applications from all persons requesting to become associate members and shall investigate them for eligibility and recommend those qualified for membership at the next regular meeting.
- Finance Committee-The committee shall investigate ways and means of financing “The Club” and submit recommendations to the president.
- Grievance Committee- The committee shall at the request of the president, investigate complaints concerning the welfare of “The Club” and make a report thereof to the president.
- Health and Welfare Committee-Consisting of two (2) regular members and one of whom will be the pension representative. Also keep the membership advised as to any changes of health and welfare benefits or pension reforms. Also be cognizant of any members or their spouses who are infirmed or deceased and notify the president.
Article X: CONFLICT OF INTEREST
No elective officer, committee member or member shall receive directly or indirectly any salary, compensation or emolument from “The Club” for services rendered as an elective officer, committee member or member.
Article XI: RECALL
Any officer of “The Club” may be removed from office with a recall initiated by a two-thirds (2/3) vote of the board of directors or by a signed petition of twenty-five (25) percent of the members in good standing. This recall will be effective when ratified by two-thirds (2/3) vote of the members present in good standing at a duly convened meeting either special or regular which shall be within twenty (20) days from the date such recall proceedings were initiated.
Article XII: RULES OF ORDER
Section 1:Roberts rules of order, revised, shall be used as a guide to govern the proceedings of all meetings, except where same conflicts with the provisions of the constitution and BY-LAWS of “The Club”.
Section 2:The president may appoint a parliamentarian at each meeting.
Article XIII: ORDER OF BUSINESS
- Call to order by the president
- Salute to the Flag/invocation, pledge of allegiance
- Moment of silence
- Presidents message, news, reports.
- Reading of the minutes by secretary
- Treasury report
- Applications of new members
- Introduction of guests
- Motion to close meeting
Article XIV: AMMENDMENTS TO THE CONSTITUTION AND BY-LAWS
Section 1:This constitution and BY-LAWS or any provision thereof shall be amended in the following manner: Any member may propose a change to the constitution and BY-LAWS at any membership meeting. The proposal will be discussed at the meeting by the membership. If the membership believes the proposal has merit, the president will table the manner. The board will publish the proposal in the next available news letter or e-mail. A vote will then be taken at the next membership meeting and a two-thirds (2/3) majority is needed for passage.
Section 2: According to the National’s BY-LAWS, only retired NYPD officers in good standing are eligible to vote regarding issues relating to the National.