Profile and Harass

Recently, California ran an e-mail forum (a question and answer exchange) with the topic being "Community Policing". One of the civilian email participants posed the following question: "I would like to know how it is possible for police officers to continually harass people and get away with it?"

       

From the "other side" (the law enforcement side), a cool cop with a sense of humor replied:

"It is not easy. In California we average one cop for every 2000 people. About 60% of those cops are on patrol, where we do most of the harassing. One-fifth of that 60% are on duty at any moment and available for harassing people. So, one cop is responsible for harassing about 10,000 residents. When you toss in the commercial, business, and tourist locations that attract people from other areas, sometimes you have a situation where a single cop is responsible for harassing 20,000 or more people a day. A ten-hour shift runs 36,000 seconds. This gives a cop one-second to harass a person, and three-fourths of a second to eat a donut AND then find a new person to harass. This is not an easy task.  Most cops are not up to it day in and day out. It is just too tiring. What we do is utilize some tools to help us narrow down those, which we harass.

They are as follows:

PHONE: People will call us up and point out things that cause us to focus on a person for special harassment. "My neighbor is beating his wife" is a code phrase we use. Then we come out and give special harassment. Another popular one on a weeknight is, "The kids next door are having a party."

CARS: We have special cops assigned to harass people who drive. They like to harass the drivers of fast cars, cars blasting music, cars with expired registration stickers and the like. It is lots of fun when you pick them out of traffic for nothing more obvious than running a red light. Sometimes you get to really heap the harassment on when you find they have drugs in the car, are drunk, or have a warrant.

RUNNERS: Some people take off running just at the sight of a police officer. Nothing is quite as satisfying as running after them like a beagle on the scent of a bunny. When you catch them you can harass them for hours.

CODES: When you can think of nothing else to do, there are books that give ideas for reasons to harass folks. They are called "Codes"; Penal, Vehicle, Health and Safety, Business and Professions... They all Spell out all sorts of things for which you can really mess with people. After you read the code, you can just drive around for a while until you find someone violating one of these listed offenses and harass them. Just last week I saw a guy smash a car window. Well, the code says that is not allowed. That meant I got permission to harass this guy. It is a pretty cool system that we have set up, and it works pretty well. I seem to have a never-ending supply of folks to harass. And we get away with it. Why? Because the good citizens who pay the tab like that we keep the streets safe for them.

Next time you are in my town, give me a single finger wave. That is a signal that you wish for me to take a little closer look at you, and maybe I'll find a reason to harass YOU.

Looking forward to meeting you."                 

DELAWARE STATE LODGE

FRATERNAL ORDER OF POLICE

Constitution and By-Laws

INDEX

Constitution                                       Page

Official Statement                                                    1

Preamble                                                                 2

Article 1 –   Name                                                   3

Article 2 –   Character                                             3         

Article 3 –   Membership                                         3

Article 4 –   Organization                                         4

Article 5 –   Officers                                                5

Article 6 –   Board of Directors                                5

Article 7 –   President                                              6

Article 8 –   Immediate Past President                      7

Article 9 –   Vice President                                      7

Article 10 -  Secretary, Treasurer,

        2^nd Vice President,

        Chaplin, 3^rd Vice President,

        Financial Secretary, Editor                    8

Article 11 -  Board of Trustees                                 8

Article 12 -  Legal Counsel                                       8

Article 13 -  Subordinate Lodges                              8                 

Article 14 -  Discipline                                               9

Article 15 -  Official Journal                                     14                

Article 16 -  Associate Lodges                                15                

Article 17 -  Auxiliaries                                            15

Article 18 -  Amendments                                        15

Article 19 -  Parliamentary Procedure                       16

Article 20 -  Official Ritual                                        16

Article 21 -  Past Presidents                                     16       

By-Laws                             Page

Article 1 -  Membership of State and

                   Subordinate Lodges                              17

Article 2 -  Secretary                                               17

Article 3  - Treasurer                                               19

Article 4 -  Financial Secretary                                 19

Article 5 -  Second Vice President                           20

Article 6  -  Third Vice President                              20

Article 7  -  Editor                                                    20

Article 8  -  Chaplain                                                20

Article 9  -  Board of Trustees                                  21

Article 10 – Audit                                                     22

Article 11 -  Legislative Committee                           22

Article 12 -  Reports                                                23

Article 13 -  Expenses and Compensation

        of Officers and Members                      24

Article 14 -  Legal Aid                                              24

Article 15 -  Rules of Procedure Relative to

                     A Local Lodge President

                     Speaking at Board Meeting                  25

Article 16 -  Rules of Procedure Permitting

                    Member to Speak During

        Board Meeting                                       25

Article 17 -  State Lodge Action on Statewide

                     Matters                                                 25

Article 18 -  Nomination and Election of

                    Officers of State and Subordinate

                     Lodges                                                  26

Article 19 -  Nomination and Election of                   

                     Delegates to State Conference                26

Article 20 -  Nomination and Election of       

                     Officers of State Lodge                           27

Article 21 -  Rules of Procedure in Case of

                    Suspension, Cancellation or

                    Revocation of Subordinate Lodge

                    Lodge Charters                                        28       

Article 22 -  Dues and Assessments                              30

Article 23 -  F.O.P.A. Dues and Assessments               31

Article 24 -  New Lodges                                             31

Article 25 -  Amendments                                             32

Article 26 -  Solicitations                                               32

Article 27 -  Death Benefit Account                               33

Article 28 -  Legal Defense Fund                                   33

OFFICIAL STATEMENT

DELAWARE STATE LODGE

FRATERNAL ORDER OF POLICE

             The Fraternal Order of Police is a nonprofit 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, in the office of the Recorder of Deeds of Allegheny County, Pennsylvania, in Charter Book Volume 49, page 350.  Pursuant to the provisions of the laws of Pennsylvania, application to the Court of Common Pleas of Allegheny County, Pennsylvania, to amend the original charter was duly made on the first day of June, 1940.  On the 8th day of June, 1940, the Court ordered, adjudged and decreed the articles of Amendment recorded June 8, 1940, in the office of the Recorder of Deeds of Allegheny County, Pennsylvania.

            The Constitution was adopted November 18, 1915, and amended at the official Annual Conventions 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 9, 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 the Fraternal Order of Police and to exercise and perform all corporate rights, privileges, powers, authorities, and franchises of the Fraternal Order of Police.

            The Bylaws prior to August 11, 1947, were included in the Constitution and Bylaws adopted at the 28th Annual Convention, August 11, 1947.

            The Delaware State Lodge of the Fraternal Order of Police was founded on October 5, 1967, with the First State Lodge Convention in Wilmington, Delaware, in the spring of 1968.  This Constitution and Bylaws includes all revisions and amendments to October, 2002.

            All terms used herein to denominate gender shall be generic and, whenever appropriate, the singular shall include the plural and the plural shall include the singular.

CONSTITUTION

PREAMBLE

             We, the Law Enforcement Officers of the State of Delaware and of the several political subdivisions thereof, as Representatives and Delegates of the Subordinate Lodges, do hereby associate the Lodges we represent and the members thereof together for the following purposes:

             To 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 educational activities among Law enforcement officers; 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 ensuring fidelity to duty under all conditions and circumstances; to cultivate a spirit of fraternalism and mutual helpfulness among our members and the people we serve; to increase the efficiency of the Law enforcement profession and thus more firmly to establish the confidence of the public in the service dedicated to the protection of life and property.

 CONSTITUTION

  ARTICLE 1

NAME

             SECTION 1 - This organization shall be known as the Delaware State Lodge Fraternal Order of Police and shall consist of such Subordinate Lodges as are admitted to membership and conform to its Rules and Regulations.

            SECTION 2 - The name and insignia of the order shall consist of those established by the Fraternal Order of Police Grand Lodge.

  ARTICLE 2

CHARACTER

             SECTION 1 - The Delaware State Lodge Fraternal Order of Police is an organization of Subordinate Lodges consisting of Law Enforcement officers of the State of Delaware and political subdivisions thereof.

            SECTION 2 - The Delaware State Lodge Fraternal Order of Police is strictly nonsectarian 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 whatever name known.

            SECTION 3 - The Fraternal Order of Police shall not strike or by concerted action cause a cessation of the performance of police duties or induce other members or lodges to do likewise.  The penalty for such action by any member or subordinate lodge shall be immediate expulsion form the Fraternal Order of Police.

            SECTION 4 - The Grand Lodge Constitution and By-Laws along with the State Constitution and By-Laws shall be the fundamental law of the order, and together with the Bylaws enacted in conformance therewith and the Rituals adopted at National Conferences, shall govern the conduct of the Delaware State Lodge and all subordinate lodges.

ARTICLE 3

MEMBERSHIP

             SECTION 1 - Any full time law enforcement officer in Delaware shall be eligible for membership in a Subordinate Lodge of the Fraternal Order of Police, subject to the provisions of the Constitution and By-Laws of the Order.  No person shall be denied membership on account of Race, Creed, Color, Sex or National Origin.

             SECTION 2 - There shall be three (3) classes of membership:  Active, Retired, Honorary.

                        A. Active Membership

                        1. shall include actively employed police officers

                        2. may include retired police officers

                      3. only active members, as herein defined, shall have voice and vote.

                        B.  Retired Membership shall be comprised of retired police officers who withdraw from active membership upon or after retirement for their law enforcement agency.

                        C. Honorary Membership shall be comprised of individuals recognized by the Grand Lodge, state lodge or subordinate lodges for exceptional service or contribution to the nation, the state, or political subdivision, the law enforcement community or the Fraternal Order of Police.

            SECTION 3 - Any member who may resign from active law enforcement duty may retain his membership as long as he remains in good standing, if approved by The State Lodge and Subordinate lodges.

            SECTION 4 - No person shall be an active member of more than one state or subordinate lodge at the same time nor shall any member who is delinquent, or who has been suspended by a state or subordinate lodge for any reason, be eligible for membership in any other state or subordinate lodge until such suspension has been lifted.

            SECTION 5 - The Fraternal Order of Police may deny membership to anyone who is, or has been, a member of the Communist party, or of any party regardless of what name known which advocates the abolition, destruction or violent overthrow of the government of the United States of any state or political subdivision thereof.

            SECTION 6 - A full time law enforcement officer is defined as a member who is employed or retired from a recognized police or law enforcement agency and one who has successfully completed a police/law enforcement training academy recognized by the Delaware Council on Police Training or the Delaware State Lodge FOP Board of Directors.

 ARTICLE 4

ORGANIZATION

             SECTION 1 - The Delaware State Lodge Fraternal Order of Police shall consist of the various Subordinate Lodges of the State of Delaware.

            SECTION 2 - The Delaware State Lodge shall be composed of the Delegates of the various Subordinate Lodges, which Delegates while so serving must be in good standing at the time of nomination and election, and for a period of one (1) year or more immediately prior thereto.  The provisions of this section shall not be applicable to lodges in existence less than one (1) year prior to the holding of election for the office of Delegate.  No person except a duly elected Delegate or officer of the Delaware State Lodge shall have voice or vote or be eligible to hold office in the Delaware State Lodge. 

            SECTION 3 - The Delaware State Lodge shall hold a Conference every two (2) years in the even numbered years to be known as the State Conference of the Delaware State Lodge Fraternal Order of Police.  The Conference shall be held in the month of October at such place as shall be determined by the previous Conference or by the Board of Directors in the event the Conference fails to determine the place.

     ARTICLE 5

      OFFICERS

             SECTION 1 - The Officers of the Delaware State Lodge shall consist of State President, Immediate Past President, State Vice President, State Secretary, State Treasurer, Second Vice President, Third Vice President, State Editor, State Lodge Chaplain, State Lodge Financial Secretary and one State Trustee from each of the Subordinate Lodges.  The officers of the State Lodge shall be elected at the State Conference.  However, no more than two of the following officers shall be elected from any one Subordinate Lodge:  State President, State Vice President, State Secretary, State Treasurer, Second Vice President, Third Vice President, State Chaplain, State Financial Secretary and State Editor.  The National Trustee and any other Delaware member currently holding an elected National Office shall also be a full voting member of the Delaware State Lodge.

     ARTICLE 6

BOARD OF DIRECTORS

             SECTION 1 - The Board of Directors shall be composed of the President, Immediate Past President, Vice President, Secretary, Treasurer, Second Vice President, Third Vice President, Editor, State Chaplain, Financial Secretary and the Trustees.   Also, the National Trustee and any other Delaware member currently holding an elected National office shall be a full member of the Board of Directors.

            SECTION 2 - The Board of Directors shall have and exercise all administrative powers of the Order during the period between State Conferences.

            SECTION 3 - Any Delaware State Lodge officer or member 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 who becomes ineligible as a member of the Fraternal Order of Police, shall automatically forfeit his or her office as a member of the Delaware State Lodge Board of Directors.

            SECTION 4 - Any vacancy in any office except that of National Trustee and President of the Delaware State Lodge shall be filled by majority vote of the Board of Directors, and except the Office  of State Trustee, which shall be filled by the Local Lodge. In the event of a vacancy in the office of State President the State Vice President shall automatically assume the office of State President and complete the unexpired term thereof. In the event of a vacancy in the office of National Trustee the State President shall name a replacement to complete the term thereof, from the delegates to the last National Conference.

            SECTION 5 - The term of officer of officers, delegates, and alternate delegates shall be for (2) years or until their successors are elected and qualified, notwithstanding the provisions of SECTION 1 of this Article as it relates to the National Trustee and any other member currently holding a National office.

            SECTION 6 - In addition to the meeting held immediately prior to the State Conference and the meeting immediately following the close of the State Conference, the Board of Directors shall meet at least once every two months between conferences.  The Board shall keep minutes of their meetings and present them to the Delaware State Conference for consideration or action thereon.

            SECTION 7 - In the event of an emergency which requires a decision by all members of the Board, the President shall be authorized to call an Emergency Meeting.

            SECTION 8 - The expenses of the members of the Board of Directors attending meetings of the Board and the State Conference shall be paid by the State Lodge.

            SECTION 9 - No member of the Board of Directors of the State Lodge shall be granted a personal loan through the State Lodge Secretary under any circumstances.

            Section 10 - By the virtue of their office, the President, Vice President, and Secretary of the State Lodge shall be automatic delegates to the National Conference.  The Treasurer, Immediate Past President, and the Editor shall serve as alternates in descending order.  This is provided that the delegate or alternate has attended at least 5 (five) meetings in the year prior to the National Conference.  Should any of these individuals not be able to fulfill the4ir obligation in the capacity specified, the President shall appoint an additional alternate to perform that function.  this provision does not prevent the President from selecting additional member of the Board of Directors to attend the National Conference, with the consent of the Board of Directors.

ARTICLE 7

PRESIDENT

            SECTION 1 - The President shall be the Chief Executive officer of the Order.  He shall preside at the State Conference, at meetings of the Delegates thereof, and at meetings of the Board of Directors.  He shall have general management of the business of the Order, and he shall see that all orders and resolutions of the Board of Directors are carried into effect.

            SECTION 2 - He shall execute any and all contracts that may be authorized by the Board of Directors.

            SECTION 3 - He shall be ex-officio a member of all standing committees.

            SECTION 4 - He shall have power, with the advice and consent of the Board of Directors, to appoint a majority of any committee, or committees, to inquire into any affair or matter affecting or concerning the Order.

            SECTION 5 - He shall call special meetings of the Board of Directors when he deems it necessary or upon petition of a majority of the Board of Directors.  Notice of such special meetings shall be mailed by the State Secretary to each member of the Board of Directors at least fifteen (15) days prior to such meetings.

            SECTION 6 - He shall, at each session of the Board of Directors, submit a full and complete report, in writing, of the official business transacted by him subsequent to the last meeting of the Board, together with such recommendations as he may deem advisable.

            SECTION 7 - He shall convey to his successor all unfinished business of the Order.

            SECTION 8 - Together with the Secretary, he shall attest all warrants or vouchers for disbursements from any fund of the Delaware State Lodge.

            SECTION 9 - He shall furnish surety bond for the President in the amount specified by the Board of Directors, which surety bond will be approved by the Board of Directors and paid for by the State Lodge.

     ARTICLE 8

  IMMEDIATE PAST PRESIDENT

            SECTION 1 - The Immediate Past President shall attend the State Conference and meetings of the Board of Directors and shall advise and assist the President and the Board of Directors in the performance of their respective duties and shall execute such assignments as may be ordered by them or either of them.

            SECTION 2 - The Immediate Past President shall be presented with a paid up life membership and a suitable card, plaque and/or other item bearing the inscription of his/her name and term of office.  Consideration should be given to an item desired by the Immediate Past President.  The Immediate Past President shall receive all benefits and privileges of the Lodge.

ARTICLE9

VICE PRESIDENT

            SECTION 1 - The Vice President shall preside at meetings of the Board of Directors in the absence of the President and shall otherwise generally perform the duties of the President during his absence.  He shall also perform such other duties as shall be ordered by the Board of Directors.  He shall, with the advice and consent of the Board of Directors, appoint the minority of all committees.

   ARTICLE 10

SECRETARY, TREASURER, SECOND VICE PRESIDENT, CHAPLAIN, THIRD VICE PRESIDENT, FINANCIAL SECRETARY AND EDITOR

            SECTION 1 - The Secretary, Treasurer, Second Vice President, Third Vice President, Chaplain, Financial Secretary and Editor shall each perform the duties prescribed for their respective offices by the Bylaws hereof.

   ARTICLE 11

BOARD OF TRUSTEES

            SECTION 1 - The Trustees shall constitute a Board which shall be known as the Board of Trustees.  They shall elect from among their own number, by voice  vote  or show of hands, one member to be known as Chairman of the Board of Trustees.

 ARTICLE 12

   LEGAL COUNSEL

            SECTION 1 - There shall be a General Legal Counsel designated by the President with the advice and consent of the Board of Directors.

   ARTICLE 13

SUBORDINATE LODGES

            SECTION 1 - Each Subordinate Lodge in Delaware shall enact By-Laws not in conflict with the Constitution and By-Laws of the Grand Lodge or the Delaware State Lodge.

            Each Subordinate Lodge shall adopt and ratify and make part of their By-Laws the Constitution and By-Laws of the Grand Lodge and the Delaware State Lodge.

            SECTION 2 - A Subordinate Lodge shall not consist of less than ten (10) members and may prescribe the amount of initiation fee for applicants and regulate the same according to the Laws of the Order.

            SECTION 3 - No Subordinate Lodge shall accept for membership any member of a suspended Lodge or any member suspended from another Lodge.

            SECTION 4 - Each Subordinate Lodge must hold at least two meetings annually.

            SECTION 5 - Each Subordinate Lodge must hold Biennial elections of its officers, delegates and alternate delegates, and they shall hold office until their successors are elected and qualified.

            Each Subordinate Lodge, after installation of Officers and before their next regular meeting, must notify the Delaware State Lodge Recording Secretary of the place and date of its regular meeting and also give the Delaware State Lodge Recording Secretary the full roster of officers.  When death occurs to a member of a Subordinate Lodge, the Delaware State Lodge Recording Secretary must be notified of his name.

            SECTION 6 - Each Subordinate Lodge shall receive at the time of installation a Charter free of cost.

            SECTION 7 - No Subordinate Lodge shall be entitled to be reimbursed by the Delaware State Lodge for any bills without the written approval of the Board of Directors of the Delaware State Lodge.

            SECTION 8 - Delegates of subordinate lodges to the State Conference shall be elected and registered in the matter and at the time provided for by the Bylaws of the State Lodge.

            SECTION 9 - Each Subordinate lodge shall be entitled to one (1) delegate for each twenty-five (25) members or portion thereof.

            SECTION 10 - State Lodge Board of Directors and State Trustees shall be delegates to the State Conference.

   ARTICLE 14

   DISCIPLINE

            SECTION 1 - This Article shall govern discipline of officers of the Delaware State Lodge and subordinate lodges and their members, and shall be interpreted in such a manner as to afford equity and fairness to all affected thereby.

            (a) Discipline may be initiated by the Delaware State Lodge and imposed on an individual member of a subordinate lodge, a subordinate lodge or a state officer only in circumstances where the member, lodge, or State Lodge Board of Director has acted or failed to act in respect of a matter of direct and significant import to the Delaware State Lodge or has violated the Constitution, the By-Laws or the Ritual of the Order.  All complaints for discipline shall be in writing.

            (b) Any complaint against a member of a subordinate lodge, who is not a State Lodge Board of Director, shall be handled as outlined in Article XIV Section 3 of the Delaware State Lodge Constitution & By Laws.

            (c) If a subordinate lodge does not have a mechanism in place to deal with discipline against a member, then Article XIV of the Delaware State Lodge Constitution will be used.

            SECTION 2 - A complaint must be submitted in writing and signed by a member of the State Lodge Board of Directors.   The complaint should be addressed to the State Lodge Secretary, unless he is the focus of the complaint, then it should be addressed to the State Lodge President.  Upon receipt of the complaint, the State Lodge Secretary or the State Lodge President will notify all other members of the State Lodge Board of Directors.  The following procedure will be adhered to:

            (a) An investigation of any Subordinate Lodge, member or members, the President and the Vice President, with the consent of a majority of the Board of Directors, shall appoint a committee of three (3) members.  They shall review documents, interview all necessary parties, and make a written report as to whether charges should be instituted.  In the event the committee feels that charges should not be instituted the matter shall be closed.  If the committee feels that charges are appropriate they shall draft charges and serve them as specified in these By-Laws.

            (b) Service shall be made upon the Lodge, member or members, personally, or by registered mail and shall contain a written copy of a sworn complaint signed by the Chairman of the Investigation Committee to include a copy of the original complaint, with such specifications of facts as shall enable the Lodge, member or members to be placed on defense.

            (c) No less than thirty (30) days after the service of a copy of the complaint, a hearing shall be scheduled before the Delaware State Lodge Board.

            (d) In the hearing, consideration shall be confined to the specified facts set forth in the complaint and charges.

            (e) In the hearing, the Order of Procedure shall be as follows:

                        (1) The complainant shall present evidence in support of the charges and specifications.

                        (2) the charged Lodge or member shall the present such evidence as it may wish to offer in defense.

                        (3) The complainant may offer evidence in rebuttal.

                        (4) The production of evidence at the hearing and the determination and decision thereof shall be administered fairly, allowing all positions to be presented without interference.

            (f)  The hearing shall be held in a location specified by the Board of Directors.

            (g) Only FOP members may be present during a hearing, however, the FOP Delaware State Lodge Counsel may attend.

            (h) The burden of proof shall be a preponderance of the evidence.

            (i)  the Board of Directors shall have the right, power and authority to take such actions as it may deem fitting and proper, upon proof of facts leading it to the conclusion that any Subordinate Lade, officer or members thereof, are guilty of the charges.

                        (1) Immediately upon the suspension of the Charter of any Subordinate Lodge, the Board of Directors, or its duly authorized agent or Representative, is authorized and empowered to take possession, control and custody of all books and records and to provide for the supervision, government and administration of such Lodge.

            SECTION 3 - Individual Members of Subordinate Lodges

            (a)  Except as provided herein, individual members shall only be disciplined by their lodge, and each subordinate lodge shall develop and promulgate rules that provide for the fair and appropriate discipline of its members that are not inconsistent with these By-Laws.  If that lodge does not provide specific guidelines for discipline then the guidelines contained herein will govern.

            (b) In the case of discipline imposed upon an individual member involving suspension, expulsion or removal of office by a subordinate lodge, an appeal may be taken by a member to the Delaware State Lodge and an appeal may be taken from the decision of the Delaware State Lodge by the non prevailing party to the National Board of Trustees and ultimately to the Biennial Conference of the Grand Lodge.

                        (1) An appeal to the state lodge may be brought by the filing of a written notice of appeal with the state president not more than thirty (30) days after the member's receipt of official notification of his suspension, expulsion or removal from office.  Unless continued or delayed for good cause, such appeal shall be heard by the state lodge at the next board meeting, following the state lodge President's receipt of such notice of appeal and, unless waived in writing by both the appealing member and the responding lodge, a written decision shall be rendered by the board within ten (10) days after such meeting.  Both the appealing member and the lodge from whose action the appeal is brought shall have the right to a hearing at which both parties may be heard and may present witnesses and documents. A party seeking to appeal from the decision of the state lodge shall give notice of appeal to the  National Board in accordance with the National Constitution and By-Laws.

                        (2) The state lodge may sustain, modify or reverse the disciplinary action against the member.

                        (3) In any case of discipline involving suspension, expulsion or removal from office of an individual member initiated by a state lodge, or upon the decision of the state lodge in respect to an appeal from the action of a subordinate lodge, an appeal may be taken to the State Conference or National Board of Trustees, whichever if more timely, in accordance with their Constitution and By-Laws.

                        (4) A party seeking to appeal from the decision of the state lodge shall give notice of appeal to the State Conference by submitting by registered mail within thirty (30) days of the party's receipt of notice thereof, a written submission consisting of the decision from which the appeal is taken and such other written materials as the appellant deems relevant to a fair consideration of the appeal by the State Conference.  The appellant shall serve one (1) copy of the notice of appeal (including all written submissions) upon the opposing party (which shall be the state or subordinate lodge secretary where such opposing party is a lodge).  Where the appealing party is a subordinate lodge, it shall submit twenty-three (23) copies thereof and where the appealing party is an individual member, he shall serve one (1) copy thereof upon the State Secretary not less than sixty (60) days prior to the State Conference at which the appellant seeks to have his appeal heard.  The party opposing the appeal shall, within thirty (30) days of his receipt of the notice of appeal, submit a responsive written submission to the State Secretary and the opposing party which responsive submission shall contain such materials as it deems appropriate and relevant to a fair consideration of the appeal by the State Conference.  In cases in which the responding party is a state or subordinate lodge, such lodge shall submit twenty-three (23) copies of its responsive submission to the State Secretary.  In cases in which the party opposing the appeal is an individual member, he shall submit one (1) copy of his responsive submission to the State Secretary.

            SECTION 4 - Subordinate Lodges

            (a)  Except as otherwise provided herein, a subordinate lodge shall only be disciplined by the Delaware State Lodge.  Such discipline may be imposed only upon a showing of good and sufficient cause after a fair hearing by the State Lodge's governing body and may include suspension or revocation of the Lodge's charter.

            (b)  Any Subordinate Lodge whose Charter may be suspended or for any reason become null and void, shall forward through its Recording Secretary to the Delaware State Recording Secretary all books, papers, and records together with the seal, all of which shall immediately become the property of the Delaware State Lodge.

            (c) Upon the cause of its suspension being removed, a Subordinate Lodge may be reinstated by the Delaware State Lodge Board of Directors.  Upon refusal of reinstatement by the Board of Directors, a suspended Lodge may make a written request to the Grand Lodge Board of Trustees for a hearing.  If the reinstatement is refused by the Grand Lodge Board of Trustees, the Lodge may submit an appeal at the next National Conference and shall abide by the decisions of the open Conference.

            (d) A subordinate lodge may appeal from the imposition of discipline by its respective state lodge to the State Conference or National Board of Trustees and, ultimately, the Biennial Conference.

                        (1) Such appeal shall be commenced by serving upon the National Secretary and the secretary of the State Lodge from whose action the appeal is brought, within thirty (30) days of notice of the action appealed from and by certified mail, a notice of appeal.  such notice of appeal shall consist of the decision or ruling appealed from and all relevant written materials believed by the subordinate lodge to be necessary for a fair consideration of the matter by the National Board of Trustees.  Fifty (50) copies of said notice of appeal shall be served upon the National Secretary for distribution to the members of the National Board.

            SECTION 5 - State Lodge Board of Directors

            (a) State Lodge Board of Director(s) shall be subject to discipline, including censure, reprimand, removal from office or expulsion from the Order only upon proof of good cause.

            (b) Allegation(s) of misconduct against a State Lodge Board of Director(s) in respect to his duties as a State Lodge Board of Director(s) shall only be brought by a member of the State Lodge Board of Directors.  Said allegation(s) shall be in writing and notice thereof shall be served upon the State Lodge Board of Director(s) against whom the allegation(s) are made and the State Lodge Secretary, provided however, that if such allegation(s) are made against the State Lodge Secretary, said allegation(s) shall be served upon the State Lodge President.   Said allegation(s) shall specifically describe the nature of the alleged misconduct in sufficient detail for a determination by the State Lodge Board of Directors as to whether there exists good cause to proceed with the inquiry.

            (c) The emergency meeting of the State Lodge Board of Directors shall be held for the purpose of resolving the charges against the State Lodge Board of Director(s) and there shall be a disciplinary hearing before the State Lodge Board of Directors at which the charged State Lodge Board of Director(s) shall be entitled to a hearing and the same rights afforded members and lodges herein.  The State Lodge President shall preside over such disciplinary hearing and shall resolve all questions of procedure and evidence.

            (d) No disciplinary action shall be taken upon a State Lodge Board of Director(s) except upon a majority vote of the State Lodge Board of Directors entitled to vote.

            (e) A  State Lodge Board of Director(s) against whom discipline is imposed in accordance herewith shall be entitled to appeal the decision of the State Lodge Board of Directors to the National Board of Trustees in accordance with the same procedure provided in Section 3, Subsection 2.

            Discipline and Hearings

            (a) In respect to any disciplinary hearing conducted by any lodge of this Order, the parties shall be treated fairly in accordance with these By-Laws.

            (b) In all disciplinary hearings conducted by any lodge or this Order, the body conducting such hearing shall:

                        (1)  Require the complaint, charge or allegation be made under oath and in writing and provide such facts as may enable the charged party to be fairly apprized of the nature of the charge.

                        (2) Ensure that the party charged is provided with a copy of such complaint, charge, or allegation and given sufficient time, which in any event shall not be less than thirty (30) days, to prepare a defense.

                        (3) Conduct a hearing upon the matter during which the trier of fact shall limit the scope of the inquiry to the specific complaint(s), charge(s) or allegation(s) set forth in the written notice thereof.

                        (4) Permit the parties thereto to introduce documents and exhibits and the testimony of witnesses.

            (c)  Discipline may be imposed for any violation including, but not limited to, the following:

                        (1) Violation of the Constitution, By-Laws, Ritual, oath or obligations of this Order.

                        (2) Acts of disloyalty to the Fraternal Order of Police, including, but not limited to, overt attempts to decertify the Fraternal Order of Police where such lodge is the certified bargaining  representative of its members, holding office in an organization which encourages members of the Fraternal Order of Police to leave the Order or, where applicable, which attempts to decertify the Order or such other acts as bring disrepute, disgrace or dishonor upon the Fraternal Order of Police.

                        (3)  Distribution or use of the membership list for any reason without the express permission of the State Lodge Board of Directors; and

                        (4) The unauthorized use or the abuse of the name or insignia of the Fraternal Order or the infringement of a trademark thereof.

   ARTICLE 15

      OFFICIAL JOURNAL

            SECTION 1 - There shall be an official Journal of the State Lodge which shall be known as the Delaware State F.O.P. Police Journal.  The Board of Directors shall have and exercise the powers of management, supervision, and control of the Journal.

            SECTION 2 - All revenue derived from the operation of the Journal shall be forwarded to the Treasurer for disbursement according to Article XXVI of the By-Laws.

            SECTION 3 - Administrative responsibilities for the Journal shall be those of the Editor.

            SECTION 4 -  The Editor of the Journal shall, thirty (30) days prior to the termination of the fiscal year, submit a complete report in writing to the Secretary.  This report shall consist of the following information:  The number of Journals published, the number of Journals mailed to the membership, the amount of revenue realized from advertising in the Journal, and a brief synopsis of any and all complaints received about the solicitation.

ARTICLE 16

ASSOCIATE LODGES

            SECTION 1 - The Fraternal Order of Police recognizes, acknowledges and validates Associate Lodges of the State Lodges and Subordinate Lodges.  Such Associate Lodges shall be known as Fraternal Order of Police Associates and may function as State Lodge Associates and Subordinate Lodge Associates.  Such Associate Lodges shall be subject to the control and supervision of the Lodge or Lodges with which they are affiliated.  They shall conform to and be governed by this Constitution and the Bylaws thereof.

ARTICLE 17

AUXILIARIES

            SECTION 1 - The Fraternal Order of Police recognizes, acknowledges and validates  Auxiliaries of the State Lodges and Subordinate Lodges.

            SECTION 2 - Such Auxiliaries may function as State Lodge Auxiliaries and Subordinate Lodge Auxiliaries.  Such Auxiliaries shall be subject to the control and supervision of the Lodge or Lodges with which they are affiliated.  They shall conform to and be governed by a Constitution and Bylaws that they shall adopt and which, at all times, shall be subject to approval of the Board of Directors of the State Lodge.

ARTICLE 18

AMENDMENTS

            SECTION 1 - Only a Subordinate Lodge or a majority of the Board of Directors of the State Lodge may propose an amendment to this Constitution.  Such proposal shall be in resolution form, stating the reasons for the amendment; be attested by the signature of the Secretary; bear the seal of the Lodge; and state the date of the meeting at which it was adopted.

            SECTION 2 - Proposed amendments to this Constitution shall be submitted in writing to the Secretary at least sixty (60) days prior to the convening of the next State Conference. 

The Secretary shall mail to each Subordinate Lodge a copy of such proposed amendment at least thirty (30) days prior to the next State Conference.  The proposal shall then be submitted to the Conference.  Upon adoption by a two-thirds vote of the Registered Conference Delegates, the proposed amendment shall become a part of this Constitution.

   ARTICLE 19

  PARLIAMENTARY PROCEDURE

            SECTION 1 - Except as provided in the Constitution and Bylaws, the latest edition of Robert's Rules of Order shall govern the conduct and deliberations of the State Conference, meetings of the Board, and Committees of the Order.

   ARTICLE 20

      OFFICIAL RITUAL

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

   ARTICLE 21

 PAST PRESIDENTS

            SECTION 1 - A Past President is any member in good standing that was President of this Lodge without regard to how he/she obtained the position.

            SECTION 2 - In addition to other benefits bestowed upon the President while in office and in his/her capacity as the Immediate Past President under Article VIII, all Past Presidents shall remain available in an advisory capacity to the Board of Directors of the Lodge.

            SECTION 3 - All Past Presidents shall be notified by the Secretary of all State Lodge Meetings in order to permit them the opportunity to attend at their own expense.

     BYLAWS

     ARTICLE 1

MEMBERSHIP OF STATE AND SUBORDINATE LODGES

            SECTION 1 - Each Subordinate Lodge shall be the judge of its membership, subject to the provisions of this Constitution and Bylaws.

            SECTION 2 - "Member in good standing" is hereby defined to be a member who has paid all dues and assessments due and payable to or for the State Lodge and Subordinate Lodge, or who is not more than thirty (30) days in arrears of such payment as of the date specified for the payment thereof.

            SECTION 3 - Any member in good standing for a period of one (1) year or more immediately preceding the holding of any election and who has met all other requirements of his or her Subordinate Lodge's Bylaws provided said Subordinate Bylaws have been approved by their State or Grand Lodge shall be eligible for election to any office, including the office of Delegate to the State Conference; and any member not so qualified shall be ineligible for election to any of such offices.

            SECTION 4 - Any member in arrears of payment of dues or assessments more than thirty (30) days and less than ninety (90) days shall be deemed to be delinquent and not in good standing.

            SECTION 5 - Any member in arrears of payment of dues or assessments more than ninety (90) days and less than six (6) months shall be and is hereby automatically suspended.

            SECTION 6 - Any member delinquent or suspended, as provided in SECTION 4 and 5 of this Article, may be reinstated and restored to good standing by the payment of all amounts dues, and, in addition thereto, the payment of dues for the whole current year in which such reinstatement is made.

            SECTION 7 - Any member who is delinquent, or who has been suspended by a Subordinate Lodge for any reason, shall not be eligible for membership in any other Subordinate Lodge until suspension has been lifted.

  ARTICLE 2

 SECRETARY

            SECTION 1 - The Secretary shall have custody of books, records, documents, the Seal of the State Lodge, and office paraphernalia and equipment under the general authority and orders of the President and the Board of Directors.  He shall take a record and transcribe minutes of the Biennial Conference and meetings of the Board of Directors and shall submit the same for approval or correction at the next succeeding Conference or meeting, as the case may be.  He shall transmit the minutes of the Biennial Conference to the Local Lodge Secretaries within thirty (30) days of the end of the Biennial Conference.

            SECTION 2 - He shall conduct the general correspondence of the State Lodge.

            SECTION 3 - Together with the President, he shall attest all warrants or vouchers for cash disbursements from any fund of the State Lodge.

            SECTION 4 - He shall attest, under the Seal of the Order, all duly authorized contracts of the Order.

            SECTION 5 - He shall be the official custodian of the Constitution and Bylaws of the Order, which shall be authenticated by the Seal of the Order and the signatures of the President and the Secretary.  He shall keep a record of the official amendments adopted at the Biennial Conference amending the Constitution or Bylaws, duly authenticated by the Seal of the Order and the signatures of the President and the Secretary in a book to be known as the Book of Amendments to the Constitution and Bylaws.

            SECTION 6 - He shall furnish a surety bond for the faithful performance of duty in such amount as shall be specified by the Board of Directors.  Such bonds shall be approved by the Board of Directors.

            SECTION 7 - At the expiration of his term of office and within thirty (30) days thereafter, the Secretary will deliver to his successor the official Seal of the Order and all books, documents, records, paraphernalia and equipment in his possession, and shall require and receive a receipt thereof.

            SECTION 8 - All incoming monies for the State Lodge shall be delivered to the Secretary, who shall record the same and then forward said monies to the Treasurer for deposit in the proper accounts of the Order.

            SECTION 9 - A petty cash fund in the amount of one hundred dollars ($100) shall be allowed to the Secretary for the purpose of paying emergency current expenses.

            SECTION 10 - The Secretary shall not release the mailing list of the names and addresses of members to anyone unless it shall have been with the consent of the Board of Directors.  This consent is to be entered in the minutes at the time of the meeting when so adopted by the Board of Directors.  Notification of such consent shall be given to the members through the official State Journal of the Fraternal Order of Police.

            SECTION 11 - Any officer or member of the Fraternal Order of Police who violates this section by giving the membership mailing list to anyone, or who uses the membership list for any purpose other than official Fraternal Order of Police business, shall be ordered to stand trial before the Board of Directors. 

If found guilty of such violation, he shall be suspended from the Fraternal Order of Police  for a period of not less than one (1) year.

              SECTION 12 - The Delaware State Secretary shall only issue a Delaware FOP tag application if that member is an active member in good standing to a local FOP lodge.  The State Lodge shall charge $15.00 above the DMV application fee for the first tag in order to cover incidentals and/or overhead.  In the event of a member's death, the survivor's spouse and/or family shall retain the existing FOP tag until that party no longer retains that vehicle.  If a member leaves the order, the FOP tag must be immediately turned over to the DMV and/or local trustee.  Approved by By-Law Committee on April 10,2006.  Approved at General on April 19, 2006.

ARTICLE 3

  TREASURER

            SECTION 1 - The Treasurer shall be the custodian of the funds of the State Lodge.  He shall furnish surety bond in the amount specified by the Board of Directors, which surety bond will be approved by the Board of Directors.

            SECTION 2 - He shall sign all checks, duly authorized by the President and Secretary, for disbursement of funds.

            SECTION 3 -  He shall keep an itemized record of all receipts and disbursements.

            SECTION 4 - He shall deposit all funds collected in a bank approved by the Board of Directors except that he shall retain in his office a contingency fund of not more than fifty dollars ($50) for the purpose of paying emergency current expenses.

            SECTION 5 - He shall set up special accounts for special funds and allocate to each, respectively, the amounts allocated or collected therefor.

            SECTION 6 - He shall perform such other duties as are usual and incident to the office.

            SECTION 7 - He shall make quarterly reports to the Board of Directors of the conditions of the funds.

            SECTION 8 - At the expiration of his term of office, and within thirty (30) days thereafter, the Treasurer shall deliver to his successor, all monies, record books, documents, records, paraphernalia and equipment in his possession and shall require and receive a receipt therefore.

ARTICLE 4

   FINANCIAL SECRETARY

            SECTION 1 - The Financial Secretary shall assist both Treasurer and Secretary in such matters as determined by the Board of Directors of the Delaware State Lodge.

     ARTICLE 5

        SECOND VICE PRESIDENT

            SECTION 1 - The Second Vice President shall examine dues cards of officers, Delegates, and other members, ascertaining that all present at the Conferences and meetings are in good standing, take up the password, and make report to the President.  He shall perform such other duties as the President may require.

     ARTICLE 6

THIRD VICE PRESIDENT

            SECTION 1 - The Third Vice President shall have charge and control of the Conference hall or meeting place.  He shall permit only qualified persons to enter or remain.  He shall assist the Second Vice President in the execution of such duties as the President may order.

     ARTICLE 7

      EDITOR

            SECTION 1 - The Editor shall be responsible for the Editorial, Advertising, and business operations of the State Journal.  He shall report on his activities at all meetings of the Board of Directors.

            SECTION 2 - In all matters concerning the State Journal the Editor shall communicate between the State Lodge and Subordinate Lodges in an effort to keep all members advised of the need of articles and editorial material for publication.

            SECTION 3 - The Editor, in cooperation with the Secretary, shall establish and maintain an up-to-date mailing list of all members of the State Lodge.

   ARTICLE 8

    CHAPLAIN

            SECTION 1 - The OFFICE OF STATE LODGE CHAPLAIN is hereby added to the Executive Board.

            SECTION 2 - The duties of the Chaplain include, but are not limited to the following:

                    a. Offering opening and closing prayer at State Lodge functions.

                     b. Soliciting information as to members in sickness or distress.

                    c. Ministering to those members in sickness or distress in an appropriate manner.

                     d. Sending of cards, flowers, etc.

                     e. Hospital Visitation/Telephone contacts.

                    f. Other duties as directed by the President or Board.

            SECTION 3 - The office of State Lodge Chaplain is to be filled by a person of good moral character with the desire to serve in a consistent manner, with a spiritual inclination; such person shall be elected by the Delegates to the State Lodge Conference as provided in these Bylaws with all rights of a State Lodge Executive Board member.

            SECTION 4 - The term of office shall be the same as for other Board positions.

            SECTION 5 - The State Lodge Chaplain shall be afforded a vote as an Executive Board Member and shall always be afforded a voice at all State Lodge Functions.

     ARTICLE 9

BOARD OF TRUSTEES

            SECTION 1 - The  Board of Trustees shall have charge of and be responsible for all property of the Order.  The Board of Trustees shall:

                     a. Take charge of all physical property of the Order.

                     b. Make a complete and itemized inventory.

                     c. Within thirty (30) days after the adjournment of the State Conference, file with the Board of Directors a certified copy of such inventory.

                    d. Recommend to the Board of Directors the amount of bond to be required of the Secretary and the Treasurer for the faithful performance of their duties.

                   e. Conduct an audit annually of all funds and financial books and records of the Order and make report thereon to the Board of Directors.

                  f. Ascertain that all monies received have been allocated to the credit of the proper funds and so deposited in the name and to the credit of the Order.

                   g. Upon order of the Conference or Board of Directors, purchase any equipment or supplies deemed necessary.

                     h. Biennially, make full and complete report to the State Conference of all business transacted since the last Conference.

                     i. Report back to their Local Lodge concerning activities of the State Lodge.

                      j. Report to the State Editor concerning activities of their Local Lodge and such other editorial material or news of interest to the members as they may deem appropriate.

ARTICLE 10

 AUDIT

SECTION 1 - The fiscal year of the State Lodge shall be from January 1 to December 31, inclusive, of each year.  In addition to the annual audit to be made by the Board of Trustees, said Board of Trustees shall biennially cause a complete review by an accountant and report of all funds and financial books and records of the Order to be made prior to the biennial conference.

   ARTICLE 11

  LEGISLATIVE COMMITTEE

            SECTION 1 - There shall be a committee appointed, to be known as the State Legislative Committee.

            SECTION 2 -  No Subordinate Lodge shall appoint any of its members to act on any Delaware Lodge Adopted Legislation which is before the General Assembly without the authorization of the State Lodge Legislative Committee.

            SECTION 3 - No Subordinate Lodge or any member or members can submit any prospective legislation to the General Assembly or the National Congress or any member thereof in the name of, or using the name of the Fraternal Order of Police, without first having notified, in writing, the State Lodge Legislative Committee.

            SECTION 4 - All the expenses of the Legislative Committee shall be paid by the State Lodge upon the approval of the Board of Directors.

            SECTION 5 -  Two members of the committee will be appointed by the President serve as the legislative agents with the General Assembly and shall file all appropriate paper reports.

            SECTION 6 -  The committee shall prepare an annual Legislative budget and present it for approval to the State Lodge Board of Directors.

            SECTION 7 -  A separate PAC fund and checking account will be maintained for the purpose of political donations. The PAC fund and checking account will be overseen by a sub committee of three board members, one of which will be appointed by the President and shall be responsible for filing all the appropriate reports with the Elections Committee.

            SECTION 8 -  The State Lodge Legislative committee shall be responsible for developing a legislative agenda and presenting it at the Biennial State Conference for approval prior to any action by the committee.

            SECTION 9 -  Requests for political endorsements for statewide candidates shall be referred to the State Lodge Legislative committee in writing.  The Legislative committee will submit the request with their recommendation to the State Board of Directors at the next scheduled State Board meeting, or to the Biennial State Conference, whichever is first.

            SECTION 10 – Candidates for County, Municipal, State Representative or State Senate office may also receive endorsement from the State Lodge.  Requests must be made through the appropriate subordinate Lodge or by a member of the Legislative Committee and referred through the process in Section 9.

            SECTION 11  -  The State Lodge Legislative committee shall be responsible for monitoring all proposed legislation presented to the General Assembly and reporting to the State Lodge Board of Directors on any legislation that may impact law enforcement.

            SECTION 12 – The State Lodge Legislative Committee will be funded with an amount to be set annually through the State Lodge budget process.  These funds will be derived from the residential solicitation.

   ARTICLE 12

 REPORTS

            SECTION 1 - Reports of State Lodge Officers and Chairmen of all standing committees shall be submitted, in writing, to the Secretary thirty (30) days prior to the opening of the State Conference.

            SECTION 2 - The Secretary shall prepare said reports, in typed form, and furnish one (1) copy to each Delegate in attendance at the Conference, and one (1) copy to each Subordinate Lodge who may not be represented at the Conference.

            SECTION 3 - Any person or persons who are employed by the Delaware State Fraternal Order of Police and are so paid a fee by the State Lodge shall submit, in writing, a full and complete report to the Secretary (30) days prior to the State Conference explaining their activities and expenses.

   ARTICLE 13

     EXPENSES AND COMPENSATION OF OFFICERS AND MEMBERS

            SECTION 1 - Any State Lodge Officer or member performing the duties of or service for the State Lodge by order of the Board of Directors or of the President shall receive compensation for expenses.  Such officer or member shall furnish, in duplicate, to the Secretary, a detailed, itemized statement of expenses incurred and paid by him in the performance of such duties or service and shall be reimbursed therefore by the State Lodge upon the approval of the Board of Directors.

   ARTICLE 14

    LEGAL AID

            SECTION 1 - All requests for legal aid from the State Lodge must be made in the following manner when a member, as a result of the proper performance of police duty or when a law enforcement group is subject to court action as a group (active or on pension):

                        a.  They must first appeal to their Local Lodge for the legal aid needed.  The appeal and all the facts must be in written form.

                        b. If the Local Lodge is not financially able to handle the legal aid request, the Local Lodge should then appeal to the State Lodge for aid.   The appeal and all of the facts must be in written form.

            SECTION 2 - All the appeals to the State Lodge for legal aid will be heard at the next meeting of the Board of Directors, no matter if it is a regular or special meeting.  The appeal will not be heard unless it is in written form and has followed the provisions of SECTION 1. 

            SECTION 3 - No member of Local Lodge shall allege, indicate, or promise that the State Lodge will assume payment nor shall the State Lodge pay or promise to pay any legal aid unless specifically and directly authorized by the State Lodge in writing, signed by both the President and the Secretary of the State Lodge under the State Lodge Seal.

            SECTION 4 - In cases of extreme emergency where time is of great importance and waiting for a State Board Meeting could cause the loss of the case, direct appeal to the State President, in writing, may be accepted.  The State President, after getting the favorable vote of a majority of the Executive Committee, may grant the legal aid requested.

   ARTICLE 15

RULES OF PROCEDURE RELATIVE TO A LOCAL LODGE

   PRESIDENT SPEAKING AT BOARD MEETING

            SECTION 1 - Each President of a Local Lodge of the Fraternal Order of Police who shall be in attendance at a Board of Director's Meeting of the State Lodge shall have the right to enter into the discussions on any matters having immediate and limited application to the Lodge which he represents, subject to the following limitations and conditions:

                        a. The President, before any subject is opened to discussion at the State Board Meeting, shall have the right to set down reasonable time limitations, which shall be applied uniformly to each member who desires to speak.  Consideration shall be given to the importance of the subject matter raised for discussion, its complexity, and other pertinent factors in fixing such time limitations.

                        b. The right to engage in discussion at a Board Meeting of the State Lodge shall in no way authorize any member who has not heretofore had the right to vote at such Board Meeting to do so.

   ARTICLE 16

RULES OF PROCEDURE PERMITTING

MEMBER TO SPEAK DURING BOARD MEETING

            SECTION 1 - Every member in attendance at a meeting of the Board of Directors of the State Lodge shall have a right to speak upon any subject on the meeting's business agenda or on any subject which is introduced as new business, subject to the following limitations and conditions:

                        a. The President, before any subject is opened to discussion at the Board Meeting of the State Lodge, shall have the right to set down reasonable time limitations, which shall be applied uniformly to each member who desires to speak.  Consideration shall be given to the importance of the subject matter raised for discussion, its complexity, and other pertinent factors in fixing such time limitations.

                        b. The right to engage in discussion at a Board Meeting of the State Lodge shall in no way authorize any member who has not heretofore has the right to vote at such Board Meeting of the State Lodge to do so.

   ARTICLE 17

            STATE LODGE ACTION ON STATEWIDE MATTERS

            SECTION 1 - The State Lodge shall take cognizance of all matters of Statewide scope and concern affecting the welfare and interests of law enforcement officers and their dependents.  The Board of Directors, or in the case of an emergency, the President, shall take such immediate action as shall be necessary to safeguard their welfare or interests by providing aid and such other services as shall be required.

            SECTION 2 - In matters of purely intrastate scope and concern, the Board of Directors or the President, as the case may be, may provide such legal or technical advisory service as may be appropriate.

ARTICLE 18

NOMINATION AND ELECTION OF

      OFFICERS OF STATE AND SUBORDINATE LODGES

SECTION 1 - Each Subordinate Lodge shall prescribe the time, method, and manner for the nomination and election of its officers, consistent with the Articles of Incorporation, Constitution, and Bylaws, and SECTION 3 of this Article.

            SECTION 2 -  Each Subordinate Lodge shall provide for the filling of vacancies among its officers occasioned by death, resignation, or otherwise.

            SECTION 3 - No member shall be nominated or be a candidate for more than one office at the same election.  No officer-elect shall be a candidate for any other office.

   ARTICLE 19

NOMINATION AND ELECTION

 OF DELEGATES TO STATE CONFERENCE

            SECTION 1 - No later than August 30, nomination and election of Delegates to the State Conference shall be held.  Qualified candidate of the number to which the Lodge is entitled by the provisions of the Constitution, receiving the highest number of votes shall be declared elected.

            SECTION 2 - The term of office of Delegates shall commence with the assembling of the State Conference and shall terminate upon the election of successors.

            SECTION 3 - The State Secretary shall furnish each Subordinate Lodge with Delegate credential blank forms in duplicate equal to the number of Delegates to which such Lodge may be entitled.  Such Delegate credential blank forms shall be filled out by the Secretary of the Subordinate Lodge certifying the election of such Delegates, shall be signed by the President and the Secretary of the Lodge, shall be authenticated by the Seal of the Lodge, and one (1) copy shall be forwarded to the State Secretary at least thirty (30) days prior to the date fixed for the holding of the State Conference.  The Delegates shall retain the original copy for presentation at the Conference.

            SECTION 4 - No Delegate or Alternate representing any Subordinate Lodge delinquent in payment of per capita tax, assessment, or other indebtedness due and payable to the State Lodge shall be admitted to or be seated in any State conference of the State Lodge.

   ARTICLE 20

NOMINATION AND ELECTION

  OF OFFICERS OF STATE LODGE

            SECTION 1 - Candidates for election as officers, except Trustees, of the State Lodge shall be nominated on the day preceding the election for such officers.  Nominations shall be made from the floor of the Conference.  Each nominee must be present at the time of nomination, except in the case of an emergency as determined by the election committee.  After being declared closed, nominations shall not be reopened.  A nominee who wishes to decline his nomination must do so by contacting the election committee.  No member shall be nominated, or be a candidate, for election to more than one officer at the same election.  Each candidate for office in the State Lodge, except State Trustee, shall be permitted to speak to the entire assemblage of delegates of the State Conference for a time not to exceed three (3) minutes immediately following the closing of the nominations, but only the candidate himself may be granted this privilege.

            SECTION 2 - Trustees shall be elected at a meeting of Delegates of each Local Lodge and shall be announced prior to nominations for other offices.  They shall be declared elected by the President.

            SECTION 3 - When a duly elected State Trustee is unable to attend any meeting or function called by the State Lodge President, the Local Lodge President or the Lodge of which the State Trustee has been elected will be permitted to attend the called meeting or function.  If the Local Lodge President is unable to attend, it will be at the discretion of the State Trustee to appoint, from within the Executive Board of the Local Lodge, a member to attend in his place.  The Local Lodge President or representative will have voice and vote at such meetings or functions and shall be reimbursed as would the State Trustee as so stated in Article VI, SECTION 8, of the State Lodge Constitution.

            SECTION 4 - The State Lodge officers, except Trustees, shall be elected by a vote of the Delegates on the floor of the Conference.  A printed ballot listing the names of all qualified candidates shall be furnished each Delegate, who, after indicating his choice thereon, shall deposit the ballot in a receptacle provided for that purpose.  The ballot box used in the election shall not be taken from the conference floor until all votes are counted and the election is certified by the Election Committee.

            SECTION 5 - An Election Committee of three (3) shall be appointed to distribute the ballots and canvass the votes.  The Election Committee shall adopt rules and regulations for the conduct of elections subject to the approval of the Conference.  After the polls are closed, the Committee  shall count the votes, determine how many have been cast for each candidate, and shall report the results to the President and the Conference.  The President shall announce the results and declare elected those candidates receiving a plurality of the votes for each respective office.

            SECTION 6 - Officers-elect shall be installed by a Past State Lodge Officer and shall take office in accordance with the regular Order of Business.

            SECTION 7 - In the event that one of the elected officers in SECTION 1 surpasses the limited number of (2) from any one Subordinate Lodge, the following procedure shall be enacted in descending order as listed in the Constitution, Article VI, Board of Directors, President, Vice President, Secretary, Treasurer, Second Vice President, Third Vice President, Editor, State Chaplain, Financial Secretary:

                        a. The candidate receiving the plurality of votes for the office of President shall be declared elected.  Even if this office is unopposed, the same result will be declared.

                        b. The candidate receiving the plurality of votes for the office of Vice President shall be declared elected.  Even if this office is unopposed, the same result will be declared.

                        c. The candidate receiving the plurality of votes for the office of Secretary, Treasurer, Second Vice President, Third Vice President, Editor, Chaplain, and Financial Secretary shall be declared elected unless a situation develops where the candidate with the most votes for that office is a member of the same lodge as two elected officers declared elected prior to the office in question.  In such event, the candidate with the next highest plurality of votes for that office shall be declared elected.  If the office is unopposed, it will be declared temporarily vacant until the conclusion of the election.

            SECTION 8 - At the conclusion of the election, it there are any positions declared temporarily vacant as a result of this section, the election committee will conduct an election for those positions.  Nominations for the vacant positions will not be accepted it they are contrary to the intent of this Article.  Those candidates receiving a plurality of the vote will be declared elected as long as the elected positions comply with SECTION 1 of this Article.  Steps (c) and (d) of SECTION 7 will be repeated until the provisions of SECTION 1 of this Article are fulfilled.

ARTICLE 21

     RULES OF PROCEDURE IN CASE OF

   SUSPENSION, CANCELLATION OR

  REVOCATION OF SUBORDINATE LODGE CHARTERS

            SECTION 1 - The charter of any Subordinate Lodge may be suspended, canceled, or revoked for good and sufficient cause after a hearing and trial by the Board of Directors.

            SECTION 2 - In the conduct of any legislation, hearing, or trial of complaint against any lodge, the Board of Directors shall:

                        a. Require complaint to be made under oath.

                        b. Serve upon the Lodge personally or by registered United States mail a written copy of the complaint, with such specifications of fact as shall enable the Lodge to be placed fairly upon defense.

                        c. Allow a period of not less than thirty (30) days after service of copy of the complaint before hearing or trial of the complaint.

                        d. In the hearing, confine their consideration to the specific facts set forth in the copy of the complaint.

                        e. In the hearing or trial of such complaints, the order of procedure shall be as follows:

                                    (1). The complainant shall produce his evidence in support of the charges and specifications.

                                    (2). The Lodge whose charter has been suspended, canceled, or revoked, shall then produce such evidence as it may wish to offer in defense of such facts.

                                    (3). The complainant may offer evidence in rebuttal.

                                    (4). The production of evidence on the hearing and the determination and decision thereof shall be governed, in general, by the rules of evidence, proof and burden of proof applied generally by the courts in civil cases.  The complainant and Lodge against which the compliant has been made may be represented by counsel.

                        f. The hearing shall be heard at the next regular Board Meeting.

                        g. A 3/4 vote of the Board of Directors is necessary to suspend, cancel, or revoke any Charter.

            SECTION 3 - Immediately upon suspension of the charter of any Subordinate Lodge, the Board of Directors or its truly authorized agent or representative is authorized and empowered to take possession, control, and custody of all books and records, and to provide for the supervision, government, and administration of such Lodge.

            SECTION 4 - Upon final disposition of litigation, the Board of Directors may return all properties previously impounded to said Lodge as per the decision of the Board of Directors.

            SECTION 5 - Any Action of the Board of Directors may be appealed to the next State biennial conference or to the Grand Lodge.

ARTICLE 22

DUES AND ASSESSMENTS

            SECTION 1 - Each Subordinate Lodge in the State of Delaware shall pay the Delaware State Lodge a per capita tax of Six Dollars ($6.00) per year per member and shall be placed in the General Fund of the State Lodge.

                        a. The number of Subordinate Lodge Delegates shall be determined by the number of members on whom per capita tax has been paid in the May 1 payment of the State Conference.

                        b. The Delaware State Lodge Secretary shall be prohibited from issuing Delegates credentials for the State Conference to any Subordinate Lodge that has not paid its per capita tax, assessments, or fines, or indebtedness within the specified time.

            SECTION 2 - If two thirds (2/3) of the members of the Board of Directors of the State Lodge shall deem it necessary that the Treasury of the Order should be increased to meet an emergency, they shall first determine the amount of the assessment per member that would be required to cover estimated expenses.  The Board then shall notify each Local Lodge of their intentions of levying an assessment, setting forth the reasons for the assessment and a detailed account of probable expenditures.

                        a.  Upon notification by registered mail, the Local Lodge shall be required to notify the board within (30) thirty days of its approval or disapproval of the proposed assessment.  Each Local Lodge shall cast votes equal in number to the number of Delegates it was entitle to at the previous State Conference.  In the event that the vote of any Local Lodge fails to arrive at the Office of the State Lodge within the prescribed thirty (30) days, the date of the postmark shall be considered as prima facie evidence that the vote was filed in accordance with the provisions of this section.

                        b. To be put into effect, the proposed assessment shall have to be approved by two thirds (2/3) of the votes cast.  If so approved, the Board of Directors shall notify each Local Lodge by registered mail of the total votes cast and how each Local Lodge in the Order cast its votes.

            SECTION 3 - Each Subordinate Lodge shall pay to the State Lodge the per capita tax and assessments provided for in SECTION 1 and 2 of this Article, together with a complete roster of the Lodge, and shall forward the monies so collected to the Secretary, who shall transmit the same to the Treasurer to be deposited in the proper accounts.  Upon receipt of dues and assessments from the Lodges, the Secretary shall furnish such Lodges he password and a dues card for each member on which payment is made.

   ARTICLE 23

          F.O.P.A.  DUES AND ASSESSMENTS

            SECTION 1 - All Fraternal Order of Police Associate Lodges existing in the State and not necessarily members of a State Fraternal Order of Police Associate Lodge, may affiliate with the Grand Lodge, Fraternal Order of Police Associates, by written request mailed to the Grand Lodge Fraternal Order of Police Associates Secretary, signed by the President and the Secretary of said Lodge, and upon majority approval of the Members of the Board of Directors of the Grand Lodge Fraternal Order of Police Associates.

            SECTION 2 - The annual per capita tax shall be paid in two installments, with the first installment being paid on all members in good standing as of October 1, of each year and shall become due and payable on November 1 of each year.

            SECTION 3 - The second installment shall be paid on all members in good standing as of April 1 of each year and shall become due and payable on May 1 of the same year.  This payment will maintain a Lodge's good standing for the six month period of July 1 to December 31, or all dues may be prepaid for both periods.

            SECTION 4 - The number of Subordinate Lodge Delegates shall be determined by the number of members on whom per capita has been paid in the May 1 payment of the Biennial Conference year.

            SECTION 5 - this funding shall serve a twofold purpose:

                        a. To be used for operational expenses for our organization; and

                        b. To set up Legislative assistance to the F.O.P. where needed in their congressional endeavors.

ARTICLE 24

  NEW LODGES

            SECTION 1 - Each Lodge hereafter established shall pay to the State Lodge the initiation fee which shall be determined by the State Executive board and retained by the State Lodge.

            SECTION 2 - Each Lodge hereafter established and installed shall be entitled to receive, at cost, all necessary supplies, equipment, and other paraphernalia.

            SECTION 3 - No more than one Lodge shall be established and maintained in any city, town, or other political subdivision, provided however, that this restriction shall not prohibit the establishment or maintenance of any Subordinate Lodge whose jurisdiction may overlap that of another Subordinate Lodge.

            SECTION 4 - In the event of any dispute between two or more lodges as to a question of membership in such Lodges or as to the territorial jurisdiction thereof, such dispute shall be settled by the State Lodge.

   ARTICLE 25

AMENDMENTS

            SECTION 1 - Only a Subordinate Lodge, or a majority of the Board of Directors of the State Lodge, may propose an amendment to these Bylaws.  Such proposal shall be in resolution form stating:

                     a. the reasons for the amendment;

                     b. shall be attested by the signature of the Secretary:

                     c.  shall bear the Seal of the Lodge; and

                     d. shall state the date of the meeting at which it was adopted.

            SECTION 2 - Proposed amendments to these Bylaws shall be submitted in writing to the Secretary at least sixty (60) days prior to the convening of the next State Conference.  The Secretary shall mail to each Subordinate Lodge a copy of such proposed amendment at least thirty (30) days prior to the next State Conference.  The proposed amendment shall then be submitted to the Conference.  Upon adoption by a vote of two thirds (2/3) of the authorized Conference Delegates, the proposed amendment shall become a part of these Bylaws.

   ARTICLE 26

   SOLICITATIONS

            SECTION 1 -there will be only four(4) authorized solicitations within the state of Delaware during the calendar year, which shall be conducted solely by the Delaware State Lodge.

                        a. There shall be up to three(3) statewide residential solicitations done by a solicitor(s) and/ or mailing authorized by the board of directors.  The funds from these solicitations will be distributed according to the schedule of payments adopted by the 2008 Biennial conference.  Any change to this schedule of payments shall be made by 2/3 vote of the full board of directors.

                        b. There shall be one statewide business solicitation known as the "Delaware State F.O.P. Journal" which results in the publication of (a) magazines(s) listing ads of these business sponsors.  The funds from this solicitations will be distributed according to the schedule of payments adopted by the 2008 Biennial conference.  Any changes to this schedule of payments shall be made by 2/3 vote of the full board of directors

            SECTION 2 - The State Lodge, while doing the solicitation, shall insure that identification cards are issued to persons picking up money.  The card shall minimally contain:

                        a. the starting and closing date of the solicitation;

                        b. a photo of the person for whom it is issued;

                        c. a contact person and phone number of a Lodge member to contact for verification of his/her status; and

                      d. shall state that the bearer is NOT a law enforcement officer.

            SECTION 4 - The State Lodge shall insure that the card issued in SECTION 3 of this Article is turned in at the end of the solicitation.

   ARTICLE 27

           DEATH BENEFIT ACCOUNT

            SECTION 1 -  All active members of the Delaware State Lodge F.O.P. will be covered by a accidental Death Benefit Policy and/or a Line of Duty Death Benefit Policy.

            SECTION 2 -   The Delaware State Lodge will purchase insurance policies to provide the benefit policies. The introductory policy is $2,500.00 for each of the described policies.

ARTICLE 28

LEGAL DEFENSE FUND

            SECTION 1 -             The treasurer shall establish a fund, to be known as the LEGAL DEFENSE FUND, which shall be funded in a manner designated by the State Conference or the Delaware State Board of Directors.

            SECTION 2 -            The Legal Defense Fund will be used for the issues that have a statewide impact on F.O.P. members. The funds can only be dispensed by a majority vote of the full Delaware State Lodge Board of Directors.

            SECTION 3 -            The Legal Defense Fund will be capped at $30,000.00 at the end of each calendar year. Any funds over $30,000.00 will revert back to the Treasury.

OFFICIAL ORDER OF BUSINESS

The Order of Business shall be:

1.       Reading minutes of last Conference;

2.       Roll call of officers;

3.       Appointment of Committee on Credentials;

4.       Reports of Committee on Credentials;

5.       Roll call of Delegates;

6.       Appointment of other Committees;

7.       Reading of rough minutes of previous meeting;

8.       Introduction of Resolutions;

9.       Report of Board of Directors;

10.     Report of Board of Trustees;

11.     Reports of Officers;

12.     Bills and Communications;

13.     Reports of Committees;

14.     Unfinished business;

15.     New Business;

16.    Nomination of officers and meeting of next succeeding Conference.;

17.     Good of the Order;

18.     Election of officers and selection of next succeeding Conference;

19.      Installation of Officers;

20.      Adjournment. 

State Lodge Expense Voucher

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Print out and submit to Financial Secretary Dave Kerr