DELAWARE STATE CAPITOL POLICE - LODGE 11
John Hanley, Lori Rogge, Lodge President Jack Kirkpatrick, Kim Donahue, and Marshall Martine
Lodge 11's delegation to the State Convention - October 2004
DELAWARE CAPITOL POLICE
FOP LODGE #11
BY-LAWS
1998
CONSTITUTION & BY-LAWS
DELAWARE STATE CAPITOL POLICE
LODGE #11 FRATERNAL ORDER OF POLICE
OFFICIAL/STATEMENT
GRAND LODGE, FRATERNAL ORDER OF POLICE
The Fraternal Order of Police is a non-profit corporation formed under the laws of the Commonwealth of Pennsylvania. The Court of Common Pleas of Allegheny County, Pennsylvania, entered the Decree of Incorporation on the 17th day of November 1915. The original articles were recorded on the 18th day of November 1915, in the office of the Recorder of Deeds of Allegheny County, Pennsylvania, in the Charter book, Volume 49, Page 350. Pursuant to the provisions of the laws of Pennsylvania, to amend the original charter was duly made on the 1st day of June 1940. On the 8th day of June 1940, the Court ordered adjudged and decreed the Articles of Amendment approved and part of the charter. Articles of Amendment recorded on the 8th day of June 1940, in the office of the Recorder of Deeds of Allegheny County, Pennsylvania.
The Constitution was adopted November 18, 1915 and amended at official Annual Convention subsequently, including the First Annual Convention held in Pittsburgh, October 15, 1917, the 36th National Biennial Conference held at Norfolk, Virginia, August 18-22, 1963, and the 41st Biennial Conference held at Las Vegas, Nevada, August 9th, 1973.
At the First annual Convention a Grand Lodge of the Fraternal Order of Police was formed and by proper action said Grand Lodge was authorized and empowered to use the corporate name of Fraternal Order of Police and to exercise and perform all corporate rights, privileges, powers, authorities and franchises of the Fraternal Order of Police.
The By-Laws prior to August 11, 1947, were included in the Constitution and By-Laws adopted at the 28th Annual Convention, August 11, 1947.
Constitution and By-Laws as amended and adopted, respectively, in full force and effect.
The Grand Lodge and Pennsylvania Lodge Constitution and By-Laws are hereby made a part of the Constitution and By-Laws of Capitol Police Lodge #11.
FOP Capitol Police Lodge #11, dated 24 June 1985.
CONSTITUTION
PREAMBLE
We, the members of Capitol Police Lodge #11 support and defend the Constitution of the United States; to inculcate loyalty and allegiance to the United States of America; to promote and foster the enforcement of law and order; to improve the individual proficiency of our members in the performance of their duties; to advocate and strive for uniform application of a civil service merit system for appointment and promotion; to create a tradition of esprit de corps insuring fidelity to duty under all conditions and circumstances; to cultivate a spirit of fraternalism and mutual helpfulness among our members and the people we serve; to increase the efficiency of the police profession and thus more firmly to establish the confidence of the public in the service dedicated to the protection of life and property.
1998 BY-LAWS
ARTICLE I
SECTION 1. This organization shall be known as the Fraternal Order of Police, Delaware State Capitol Police Lodge #11.
SECTION 2. The Seal of the Lodge shall consist of the charter and emblem of the Fraternal Order of Police.
ARTICLE II - Character
SECTION 1. The Fraternal Order of Police is an organization of State and Subordinate Lodges consisting of law enforcement officers of the State of Delaware and political subdivisions thereof.
SECTION 2. The Fraternal Order of Police is strictly non-sectarian, and shall have no affiliation, directly or indirectly, with any labor union, congress, federation, or committee of like nature, or political action committee, or similar organization by what ever name known.
The Fraternal Order of Police shall not strike or by concerted action cause the cessation of the performance of police duties, or induce other members of Lodges to do likewise. The penalty for such action by any member, or subordinate lodge, shall be immediate expulsion from the Fraternal Order of Police.
SECTION 3. This Constitution shall be the fundamental law of the Order and, together with the By-Laws enacted in conference therewith and Rituals adopted at National Conferences, shall govern the conduct of the membership of the Delaware State Capitol Police Lodge #11.
ARTICLE III - Membership
SECTION 1. Any regularly appointed and full time employed law enforcement officer of the State of Delaware, or political subdivision thereof, shall be eligible for membership in the Fraternal Order of Police Lodge #11, subject to the provisions of this Constitution and the By-Laws of the Order. No person shall be denied membership on account of race, creed or sex.
The Fraternal Order of Police Lodge #11 shall deny membership to anyone who is, or has been, a member of the Communist Party, or any party regardless of which name known which advocates the abolition or destruction of our Government, either by force or subversive means.
SECTION 2. The term, “regularly appointed”, law enforcement officers shall include regular law enforcement officers heretofore and hereafter retired from active duty in the Service of the State of Delaware or political subdivisions thereof.
The term “full time employed”, shall mean law enforcement officer that are engaged in such employment as their principle source of livelihood.
SECTION 3. The membership shall consist of regularly appointed law enforcement officers, or retired law enforcement officers of the state of Delaware or any political subdivision thereof.
The Honorary membership shall comprised of retired regularly appointed law enforcement officers, who withdraw from active membership after retirement.
SECTION 4. No person shall be simultaneously an active member of more than one Lodge.
SECTION 5. The fees for initiation shall be five dollars ($5.00) accompanied by an application for membership, in Lodge #11 and shall be proposed in writing on forms prescribed by the Board of Directors, signed by an active member in good standing who shall act as a sponsor. The applications shall be referred to a standing membership committee, which shall conduct an investigation of the qualifications during which it may summon to appear before it both the applicant and the sponsor.
Upon completion of its inquiry, said committee shall render a report to the Board of Directors, together with a recommendation for acceptance or rejection.
SECTION 6. The dues for each active member in Lodge #11 shall be contributed in the amount of five dollars ($5.00) a month, in addition to the above active members costs, dues shall include annual costs associated with the PLEA Insurance Plan or any subsequent insurance plan. Any insurance plan cost change will be reviewed and approved annually by the Board of Directors. All members who retire on pension for either length of service or disability shall receive a paid up membership in Lodge #11, with the PLEA Insurance Plan or any other insurance plan cancelled.
SECTION 7. Fraternal Order of Police, Capitol Police Lodge #11, Associates shall be persons of good moral character, who are lawfully employed in a regular business or profession, and whose associations therein are above reproach, they shall not be associated directly or indirectly with any person or persons whose reputation, character, or occupation is questionable. ASSOCIATES SHALL HAVE NO VOICE IN THE DELIBERATIONS OF THE LODGE.
The dues for each associate member of Lodge #11 shall be $25.00 a year
SECTION 8. Any member who is discharged as a Law Enforcement Officer shall automatically relinquished his membership in the Fraternal Order of Police, Capitol Police Lodge #11.
ARTICLE IV - Board of Directors
SECTION 1. The affairs of the Order shall be managed and conducted by the Board of Directors to consist of officers and trustees provided for in Article IV of the By-Laws.
SECTION 2. The Board of Directors shall have general charge of management and control of the property of the association and it shall be their duty to carry out purposes of the association according to the law and as provided for in its certificate of incorporation and By-Laws. All appropriations and expenditures such as buying, investing and selling must be voted upon at a regular meeting of the general membership for approval with 2/3 majority. Before any sale of any property the Board of Directors must notify all active members of the contemplated sale of property.
SECTION 3. The Board of Directors shall meet before each regular meeting and shall submit their report at the regular meeting.
SECTION 4. The Board of Directors shall be composed of the President, Immediate Past President, Vice President, Recording Secretary, Treasurer, 2nd Vice President, Trustee - all of whom shall be active members of this Lodge, in good standing.
SECTION 5. The Board of Directors shall have, and exercise, all administrative powers of the Order during the period between elections.
SECTION 6. The term of office for officers shall be for two (2) years from the date of installation or until their successors are elected and qualified.
SECTION 7. Any members of the Board of Directors who resigns from active law enforcement duty for any reason other than to retire on pension, either for length of service or disability, or otherwise becomes ineligible as a member of the Fraternal Order of Police, shall automatically forfeit his or her office as a member of the Board of Directors
SECTION 8. Any elected officer may resign, his or hers office, at any time by presenting his or hers resignation in writing to the Fraternal Order of Police, Capitol Police Lodge #11, Board of Directors. If his or hers accounts are found to be true and correct, the Board of Directors may accept his or hers resignation providing there are no charges existing against him or her.
SECTION 9. Any vacancy in any office of the Lodge shall be filled by 2/3 majority vote of the Board of Directors.
SECTION 10. Any officer of the Lodge absent from three consecutive regular meetings without valid reason, to be decided by the Board of Directors, shall have his/her office declared vacant.
SECTION 11. Items for publication, no member of the Lodge shall print or cause to be printed any item concerning the affairs of the Lodge. All news releases will be made by the President or next ranking officer with a 2/3 majority vote of the membership.
ARTICLE V - President
SECTION 1. The President shall preside at all meetings of the Lodge, of the Board of Directors, at all of which he or she shall enforce order and a strict compliance with these By-Laws, and rules and regulations as may be adopted in pursuance thereof. He or she shall have general management of the business of the order and he or she, shall see that all orders of the Board of Directors and/or membership are carried out.
He or she shall, be an ex-officio member of all standing committees. He or she shall, with the Recording Secretary, sign all contracts and other official documents and communications authorized by the Board of Directors or membership. He or she shall, with the Treasurer, sign all orders on the treasury or other depository for the disbursement of Lodge Funds.
He or she shall, convey to his or her successor all unfinished business of the Order.
The President, while conducting meetings shall levy fines of fifty cents ($.50) against any member who is deemed to be out of order while the meeting is in progress.
ARTICLE VI - Immediate Past President
SECTION 1. The Immediate Past President shall advise and assist the President and the Board of Directors at their request, and shall execute such assignments as may be ordered by the Board of Directors.
ARTICLE VII - Vice President
SECTION 1. The Vice President shall assist the President in the performance of his or her duties, and in his or her absence or disability, shall perform the duties of the President.
ARTICLE VIII - Recording Secretary
SECTION 1. The Recording Secretary shall have general custody of the Seal and all books; documents, papers and records of the Lodge not otherwise entrusted temporary or permanently to other officers or the standing or special committees. He or she shall take and transcribe minutes of all the meetings of the Lodge, of the Board of Directors, and shall submit the same for approval or amendment at the next meeting thereof. When so required, he or she shall give due notice of all such meeting and shall conduct the general correspondence of the Lodge. He or she shall, with the President, attest and seal all duly authorized and approved contracts of the Lodge and keep copies thereof in his files. At the expiration of his or her term in office, he or she shall deliver to his or her successor the Seal and all books and papers in his or hers possession.
ARTICLE IX - Treasurer
SECTION 1. It shall be the duty of the Treasurer to collect and have general charge of all dues, initiation fees, assessments and monetary earnings of the Lodge, and together with the President shall deposit and maintain all such funds in a bank account in the name of “Capitol Police Fraternal Order of Police Lodge #11”.
He or she shall have power when countersigned by the President and Recording Secretary, to draw, sign and issue checks, drafts and money orders for the withdrawal of Lodge funds therefrom for prompt payment of all lawful obligations of the Lodge, which have been approved by the Board of Directors.
He or she shall keep accurate records of all receipts and disbursements, which shall be available at all times for examination by the Board of Directors.
He or she shall render a report of the financial condition of the Lodge at each meeting of the Board of Directors and a similar report to the members of the Lodge.
ARTICLE X - 2nd Vice President
SECTION 1. Duties: the 2nd Vice President shall receive the password and ascertain that all persons present are entitled to remain and report thereupon to the President.
He or she shall see that every active member, upon admittance, shall sign the register - except at special meetings.
At the beginning of business the 2nd Vice President shall sign his or her name last, directly under the name of the last signer, and return the register to the Recording Secretary.
He or she shall conduct all candidates to the initiation ceremony and introduce them to the members of the Lodge. He or she shall perform such duties as the President may assign.
ARTICLE XI - Trustee
SECTION 1. The Trustee shall be the duly elected delegate to the State Convention.
ARTICLE XII - Meetings
SECTION 1. The Fraternal Order of Police, Capitol Police Lodge #11, shall hold one regular meeting at 8:00 PM on the third Thursday in the months of February, May, August and November, with the meeting site in Dover unless a change is voted on by the membership.
ARTICLE XIII - Committees
SECTION 1. No proposal for Lodge action shall come upon the floor for debate or vote until it has first been referred to and reported from an appropriate committee, unless a majority of the members present shall agree to immediate consideration thereof. Every committee must report either affirmatively or negatively on all matters referred within two (2) months from the date of such reference, otherwise such committee shall be deemed to have been discharged from further consideration. Any committee may also be discharged by a majority vote of the Board of Directors.
SECTION 2. Unless otherwise provided, the person first named or the one receiving the most votes is the Chairman of the Committee. A Committee has no authority, except that which is granted by the By-Laws or by vote of the Lodge. A Committee has no right to incur any debt or involve the organization in any way unless it is given full authority to do so. A Committee’s only power is to recommend. Under no circumstance should one or more of a Committee go ahead with the business of the Committee without action by a quorum, usually a 2/3 majority of its members.
ARTICLE XIV - Nominations and Elections
SECTION 1. Biennial Election. The President, Vice President, Recording Secretary, Treasurer, 2nd Vice President, and Trustee shall be elected from the membership at large in the month of June of the odd numbered years, and shall hold his or hers respective offices for terms of two years, or until his or hers respective successors shall have been qualified and inducted.
SECTION 2. All nominations for the election of Officers of the Lodge shall be made at the meeting in the month of May. Members must be present to be eligible for nomination.
SECTION 3. No member shall be nomination, or be a candidate for election to more than one office at the same election.
SECTION 4. No officer-elect shall be a candidate for any other office.
SECTION 5. The nominee must send a communication to the Recording Secretary, stating in writing that he or she is a candidate for office, at least one week previous to the election date.
SECTION 6. Voting. Members must cast their votes in person and not by proxy, and cumulative voting shall not be permitted. Votes shall be cast on an official secret printed ballot, and deposited in person in the ballot box at the polls.
SECTION 7. Polls for voting. Voting shall be held at the regular meeting with any exceptions taken with approval of the membership.
SECTION 8. Elections. No person shall be declared elected to any office unless they have receive the plurality of votes cast at such an election. In case of ties, the candidates tied with the highest number of votes shall be entered in one or more run-off elections until such a time as one receives a plurality.
SECTION 9. Qualifications for Nominees. Any member in good standing for a period of 1 year or more, immediately preceding the holding of any election, shall be eligible for election to any office.
SECTION 10. The election committee shall not honor any nomination petition for elective officers unless the nominee shall have attended eight (8) meetings of the general body or Board of Directors in the twelve month period preceding the election and eight (8) meetings of the general body or Board of Directors in the twelve month period after the prior election.
SECTION 11. The Election Committee shall be responsible on Election Day to see that the Constitution and By-Laws are upheld, and shall have the power to order all members who violate same for trial before the Grievance Committee after written notice.
SECTION 12. Ballot boxes used in the election shall not leave the Lodge meeting place until all votes are counted and the election certified by the Election Committee.
SECTION 13. The newly elected officers shall be installed immediately after election by the Immediate Past-President.
ARTICLE XV - Resignations
SECTION 1. All resignations of members must be presented in writing to the Recording Secretary and may be accepted by a 2/3 majority vote of the Board of Directors.
SECTION 2. No resignation of any member indebted to the Lodge shall be accepted.
ARTICLE XVI - Grievance
SECTION 1. The Grievance Committee, presided over by its Chairman, shall constitute a tribunal for determination of charges against any Director, officer or member, provided, however, that if any Director or Grievance Committee member shall be the complainant, defendant or witness in any such proceedings he shall be ineligible to sit upon such tribunal.
SECTION 2. Complaints against members, officers or directors, shall be filed in writing with the Recording Secretary, and signed by the persons making the charge. Such complaints shall set forth with reasonable particularity as to dates, time, and places, the acts, conduct, or facts to which exception is taken and for which discipline is requested.
Within five (5) days thereafter, the Recording Secretary shall refer such complaints to the Grievance Committee and shall send a copy thereof to the accused.
SECTION 3. The Grievance Committee shall hold a hearing on all such complaints at which all witnesses for both the accuser and the accused shall be heard, after forty-eight (48) hours advance notice thereof. The accused member shall be entitled to be represented by counsel who must be an active member of the Lodge in good standing, and shall not be required to testify against himself.
Upon conclusion of all evidence, the Grievance Committee shall recommend or disapprove the accused’s standing trial before the Board of Directors, and within a reasonable time thereafter, shall file its decision with the Recording Secretary who shall forthwith send notice thereof to both the complainant and the accused.
SECTION 4. Discipline. Any member, officer or director of the lodge may be fined, suspended or expelled by the Board of Directors, on the recommendation of the Grievance Committee, for conviction of Felony or other grievous misdemeanor punishable by imprisonment for one year or more, for insubordination to superior officers of this Lodge, for failure to remain in good standing by the prompt payment within 3 months of all fees, dues, fines, and assessments levied by the Board of Directors, for the willful or wantonly negligent infraction of any By-Laws, contract, rule, regulation, or order, or for acts or conduct which may be deemed disorderly or injurious to the interests, or hostile to the objects of this Lodge.
SECTION 5. Appeal. Within ten (10) days from the receipt of notice and a copy of the decision of the Board of Directors, the accused, if censored, fined, suspended, or expelled, may appeal in writing filed with the Recording Secretary to the General Body which with Counsel, may hear argument thereon by the accused and the complainant, or their respective counsel. The decision of the General Body, as rendered in writing filed with the Recording Secretary, shall be final, subject to the right of appeal granted members under the Constitution and By-Laws.
ARTICLE XVII - Amendments and Revisions
SECTION 1. These By-Laws may be amended, or a new By-Law made, by resolution in writing proposing such amendment or new By-law, signed by no less than five (5) members in good standing, submitted at any regular meeting of the Board of Directors.
If accepted and approved by a two third (2/3) majority of the Board at that meeting, a copy of each resolution shall be posted by the Recording Secretary at least fifteen days prior to the meeting of the general body at which time they are to be brought for action.
ARTICLE XVIII - Legal Aid
SECTION 1. Any member in good standing who shall, as a result of his or hers proper performance of their police duties:
a) be threatened with arrest or who is actually arrested or sued; or
b) be directed or summoned to appear before any Legislative or Governmental committee or body, or Grand Jury or a Court of record or a magistrate, or police board of investigation or other investigative body having disciplinary powers; or
c) any member who shall believe that they are being, or about to be, deprived of their legal rights in relation to job tenure, wages, pensions, or other benefits or privileges accruing to them as a result of their employment (provided such deprivation shall jeopardize the welfare of all enforcement officers);
d) members will contact the legal provider and ascertain if they are eligible to receive benefits under the providers guidelines. The provider will be the PLEA Insurance Plan endorsed by the Fraternal Order of Police and will be the sole determining factor in eligibility for representation. Subsequent plans may be approved by the Board of Directors.
SECTION 2. All active members will be provided with a toll free 800 number to call for representation.
SECTION 3. All active members will be required to join the FOP PLEA Plan, or subsequent plan, as this plan is the only legal aid recognized by Lodge #11.
SECTION 4. Any cost for legal representation not covered by the PLEA Insurance Plan, or subsequent plan, or stated in this article, shall be borne by the requesting member.
SECTION 5. Any active member wishing to opt out of the PLEA Plan agreement, or subsequent plan, may do so by execution of the opt out form giving due notice. The only financial assistance to those members that elect to the Opt out agreement will be limited to $250.00 on areas not covered by the PLEA Plan or subsequence plans, upon approval of the Legal Aid Committee.
ARTICLE XIV - Law and Order
SECTION 1. All points of law and order shall be guided by the Constitution and By-Laws, and, where the same are silent, by Robert’s Rules of Order, Revised.
