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Delaware State Lodge |
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HISTORY OF THE DELAWARE FRATERNAL ORDER OF POLICE March 26, 2003 The FOP was first introduced in Delaware on September 20, 1965 with the formation of Wilmington Lodge #1. The Delaware State Lodge was established somewhat later, in 1967. The Delaware State Lodge currently consists of 13 lodges with over 2100 members. They are: Lodge #1 Wilmington Police Department Lodge #2 Sussex County Lodge #3 Kent County Lodge Lodge #4 Newark Police Department Lodge #5 New Castle County Lodge Lodge #7 University of Delaware Police Lodge #9 Western Sussex County Lodge #10 Probation and Parole Lodge Lodge #11 Capital Police Lodge #12 Amtrak Police Lodge #14 Delaware River & Bay Authority Police Lodge #15 Dover Police Lodge #16 Bethany Beach Police Lodge #17 Millsboro Police Department Lodge #18 Milford Police Department
The following lodges are no longer active lodges:
Lodge #6 Delaware State Police Lodge #8 Correctional Supervisor’s Lodge Lodge #13 VA Police
The Wilmington FOP Lodge #1 was formed by several officers who wanted some kind of representation, which they felt would not be addressed by any of the local unions. It soon established itself as an effective voice for its law enforcement officers.
The FOP grew rapidly in the State and Jim Whaley was one of the driving forces behind that growth. Jim was not only a leader in Delaware but was a recognized force on the National level as well. Jim Whaley served as National Guard from 1975-1979, National Conductor from 1979-1983, and National Treasurer from 1983-1985. Jim was elected by the national delegates at five different national conventions and served the Grand Lodge proudly for 10 years as a member of the National Board. During Jim’s years with the FOP, he helped to develop Tela-Mark and various computer programs for the National FOP. He was called upon to serve as a mediator between the States and the National Lodge concerning the use of the FOP logo.
The first National Trustee from Delaware was Bud Mowdy from New Castle County Police Department Lodge #5. He was sworn into office in 1969. The National Trustees from the State of Delaware are as follows: 1969-1971 Elwood (Bud) Mowdy Lodge #5 1971-1975 Matt Donovan Lodge #1 1975-1977 William Walls Lodge #2 1977-1979 Timothy P. Mullaney Sr. Lodge #3 1979-1981 George Getty Lodge #4 1981-1983 Jim Riggs Lodge #5 1983-1985 Chuck DeTulleo Lodge #6 1985-1987 Richard Armitage Lodge #7 1987-1989 Chuck DeTulleo Lodge #6 1989-1999 Thomas Penoza Lodge #4 1999-2003 Randy DeCampli Lodge #1
Presidents of the Delaware State Lodge are as follows:
1969-1971 Anthony Celano Lodge #1 1971-1974 Robert Forenski Lodge #6 1974-1976 Anthony Grello Lodge #5 1976-1978 Matt Donovan Lodge #1 1978-1980 Steve Smyk Lodge #6 1980-1984 Timothy P. Mullaney Sr. Lodge #3 1984-1986 Thomas Gordon Lodge #5 1986-1988 William Manchester Lodge #6 1988-1994 Timothy P. Mullaney Sr. Lodge #3 1994-1998 Michael Terranova Lodge #5 1998-2002 Kevin Connor Lodge #1 2002-2004 Robert Jameson Lodge #5
FOP Lodge #1 represented the City of Wilmington Police Officers and was very active representing the membership. In 1977 FOP Lodge #1 members protested contract negotiations by staging a Blue Flu outing. Shortly after this action a contract was signed. In 1979 FOP Lodge #1 members packed a City Council meeting opposing the formation of a citizens review board. City Council members attempted this proposal in response to a police shooting of a mentally ill individual who lunged at police with a knife. Action was defeated. In 1979 a new breed of police officer was recognized by the newspapers. Before when the police would disagree with something written by the newspapers they would just complain and mumble about it among themselves. Now they have taken the steps to be heard and recognized by the press by meeting with the editors and voicing their displeasure with what was written. In1980 FOP Lodge #1 members along with local firefighters began a petition drive to get enough signatures for a citywide referendum on binding arbitration. At the same time State House Bill 894 was under consideration for towns with a population over 4,000 which would provide arbitration. Although a petition was filed for a referendum with the Mayor he refused to accept it, the FOP sued in Superior court but the judge ruled the officers could not use a 1907 provision of the city charter to force a referendum. In1980 FOP Lodge #1 approved a new contract calling for a 16.3% wage hike over two years after negotiations began with the help of a federal mediator. In1981 Leaders of police unions throughout the state urged State Senators to pass legislation to allow arbitration to police contract disputes. "We've had far too long no rights to go to a bargaining table", said Tim Mullaney, president of the State FOP Lodge. “They (city and county officials) just don't want their law enforcement officers to sit across the table from them as equals”. In1993 FOP Lodge #1 sponsored a billboard notifying anyone entering the city of the increase in the number of shooting and the lack of action taken by the city to replace officers who retired. The FOP supports the Chief of Police in his effort to get more police. The Chief is forced to resign. In1996 the plan for a civilian review board again defeated. In 1998 the FOP takes on the issue of residency and wins State legislation support to allow officers to live outside the boundaries of the city limits. During the 1970s the FOP in Delaware was attempting to establish itself as a force in the area of labor. Collective Bargaining was not widespread and was unheard of in the lower 2/3 of the State. The first real battle for collective bargaining in lower Delaware was fought in Dover, Delaware, which was led by Tim Mullaney, President of Kent County Lodge #3 and a patrolman with the Dover Police Department.
In 1974 Dover Police FOP members manned informational picket lines following the elected members of Dover City Council in an effort to gain collective bargaining rights. Subsequently in 1977 Dover Police FOP members was the first FOP group in the lower 2/3 of the State to sign a collective bargaining agreement with their town government. The work done to accomplish this effort was done under the auspicious of Kent County Lodge #3. Dover Police left Kent County Lodge #3 and formed their own lodge in the late 90s.
Tim Mullaney was involved not only on the labor front in Delaware but was also active on the National Legislative scene serving as a member of the National Legislative Committee. He testified before Congress on numerous issues such as: mandatory social security coverage for law enforcement, collective bargaining, law enforcement officers bill of rights, and death benefits for officers killed in the line of duty to name a few. Tim was also involved in the expansion of the FOP and was involved in the creation and expansion of the Eastern States Labor Coalition. He attended many meetings in Washington DC to help promote and develop the Police Memorial Service.
State President Mullaney was also involved in another important piece of legislation, which involved a police officer by the name of Don Walp. Walp was an officer in the Newark Police Department who had a fatal aneurism after he was called to work. The Insurance Commissioner ruled that his death was not in the line of duty. President Mullaney fought long and hard to resolve this issue and finally Judge Myron Steele of the Delaware State Bench ruled that Officer Walp died in the line of duty giving the appropriate benefits to Walp's widow.
During President Mullaney’s third term, in 1989, the State Lodge was successful in having a permanent FOP memorial, for law enforcement officers killed in the line of duty, erected by the west entrance to Legislative Hall in the State Capitol of Dover.
Tim was elected to five terms as State Lodge President stepping down as President in March 1994 after he was named by President Clinton as U.S. Marshal for the District of Delaware. However, Tim did retain his position as a member of the National Legislative Committee. During the course of Tim’s Presidency and Immediate Past Presidency and with the support and help of a very able Board of Directors (Vice President Jack Cunningham, Vice President Mike Terranova, Secretary Jack Desmond, Treasurer Tom Penoza, and between terms President Thomas Gordon, to name a few) a great deal was accomplished in the name of the State FOP. They pushed legislation for Collective Bargaining Rights, Right of Retired Officers to Carry Firearms, Police Officers Bill of Rights, and making it unlawful to display an FOP emblem unless you were a member. It was during this time that the hard work of the State FOP that the FOP became a very respected voice in our capital and at legislative hall.
During the 1980’s Newark Lodge #4 had many battles with the City of Newark on behalf of Newark Police Officers. The Newark City Charter prohibited Newark Police Officers from engaging in political activity. President Ron Watson and Vice President Thomas Penoza, on behalf of Lodge #4, took the City to court and won, allowing officers to be involved in political activity when off duty. The City set up new rules and implemented restrictions on political activity again. Lodge #4 went back to court and won again. The City changed the rules a third time and prohibited Newark Police Officers from being involved in the City’s non-partisan politics. Watson and Penoza went to court again, but the State Legislature passed the Police Officers Bill of Rights, which allowed Police Officers to participate in political activity and the suit was dropped. Also during the 1980’s, during the Presidency of Thomas Penoza, Lodge #4 had several contract disputes, which caused the Newark Police Officers to work without a contract for long periods of time. Lodge #4 members supported by FOP members from throughout the State of Delaware and FOP members from Philadelphia, picketed City Hall, picketed City Council meetings, and picketed the Mayor of Newark’s place of employment, the DuPont Company. Each time they successfully signed a contract with full retroactivity.
Thomas Penoza of Newark Lodge #4 served two years as Trustee of the Delaware State Lodge, eleven years as Treasurer of the Delaware State Lodge, ten years as Delaware’s National Trustee, and as of the writing of this book, four years as National FOP Treasurer. Tom was very active in Newark Lodge #4, negotiating 7 collective bargaining agreements and serving 7 years as Vice President and 8 years as President. As a National Officer Tom was instrumental in starting the National Police Officers Certification Program. Tom served on the National FOP Benefits Committee that started the National Legal Defense Plan that serves thousands of members throughout the country. As National Treasurer Tom developed an Internet based voucher program that cuts the time it takes for members to get reimbursed for their expenses from weeks to days.
During the term of President Thomas Gordon the Police Officers Bill of Rights was signed into law on May 13, 1985. After the bill was signed President Gordon gave special thanks to the FOP Legislative Committee co-chairman Robert Mooney and Jim Weldin. President Gordon also thanked State Senator Jake Zimmerman and Representative Bill Oberle for their efforts in passing this legislation. This effort to pass the Law Enforcement Bill of Rights was a collective project started during President Mullaney’s first term of office and worked on by numerous members of the Delaware FOP. It was only through this collective effort that the FOP was able to pass this very important legislation. This piece of legislation became the centerpiece for the National Bill of Rights Legislation introduced by Senator Biden in Washington DC. President Gordon also successfully chartered Lodge #10, Probation and Parole Officers.
At the 1993 State FOP Convention, the delegates voted to endorse Governor Clinton for President, Joe Biden for U.S. Senate, and Tom Carper as Governor. All these candidates were victorious at the general election.
Throughout the history of the FOP one name consistently was prominent in the support of Law Enforcement. That name was Joe Biden. Delaware FOP has supported Senator Biden for approximately 30 years in recognition of his outstanding service to law enforcement. Senator Biden has been praised for his work to pass: The Drug Czar Bill, Cop Killer Bullet Bill, and Biden Crime Bill to name a few. He has consistently been out front of the pack in seeing that law enforcement officers killed in the line of duty were recognized and their families compensated in a fair manner.
Vice President Michael Terranova became President in 1994 when President Mullaney stepped down. Mike was reelected President in 1995. During that year a very important piece of legislation was passed. House Bill 119 allowed police officers, whose cities employed 25 or more municipal employees, to collectively bargain with their city. Mike thanked the Legislative committee that assisted in getting this bill passed with special thanks to Bob Jameson, Steve Flicker and Larry Mitchell. One of the first lodges to take advantage of this new law was Lodge 9. Fred Thornton of The Western Sussex County Lodge 9 assisted in the labor negotiations of the Seaford Police Department. Also during this term the Delaware State Lodge was successful in getting State of Delaware vehicle license plates for FOP members.
In 1995 New Castle County Lodge #5 formed the first associate lodge in Delaware, FOPA Lodge #5 and State Lodge President Terranova swore in Tom Pease as President.
Kevin Connor was elected President in 1998. During his first term as President another very important piece of legislation was passed. This legislation provides for binding arbitration in the collective bargaining process. This legislation had been sought by the Delaware State Lodge for many years. During 2001-2002 the Western Sussex County Lodge participated in the State's first Binding Arbitration hearings in front of the State of Delaware Public Employee's Relations Board. Glenn Van Fleet was the lead negotiator. Newark Lodge 4 was the second lodge to participate in the new binding arbitration process. Another piece of legislation that was passed was initiated by Lodge 15, Dover Police officers, and was managed by Steve Flicker, State Lodge Vice President and Legislative Chairman. It affects officers from at least nine police departments in Delaware. This legislation decreased the Delaware County and Municipal Police and Firefighters Pension from 25 to 20 years service. The plan allows an officer to retire after 20 years or remain for 25 years with no contribution to the plan for the last 5 years.
During the last term of President Mullaney, the terms of Mike Terranova, and the last term of Kevin Connor, Robert Jameson was the Chairman of the Delaware State Lodge Legislative Committee. During his tenure, with the help of the State Lodge Presidents, and the Legislative Committee, the following legislation was passed:
1992 HB
640/1996 HB 590 - STATE FUNDING FOR PENSIONS (3 FOR 1 MATCH) 1999 REDUCTION FROM 25 TO 20 YRS. FOR THE COUNTY AND MUNICIPAL POLICE PLAN
Over the course of the last twenty years, the Delaware FOP has been very fortunate in having support in the Legislature. Some of those strong supporters in the State Senate included: Senate Majority Leader Tom Sharp, Senator Jim Vaughn, Senator Herman Holloway (deceased), and Senator Jake Zimmerman (deceased) just to name a few. In the State House of Representatives our strong supporters included: Speaker of the House Terry Spence, Representative Bill Oberle, Representative John VanZant, Representative Casmere Jonkiert (deceased), and Representative Bruce Ennis to name a few. The endorsement of the Delaware State FOP is a very sought after commodity, which does translate into votes. The Delaware State FOP at their State Conference have been known to stage debates between candidates for Governor. We are proud to point out that the FOP endorsed candidates are usually victorious. U.S. Senator Tom Carper is an example of an FOP endorsed candidate who has successfully been elected as U.S. Representative, Governor and now Senator. Of course, Senator Joe Biden has been a perennial favorite of the FOP not only in Delaware but across the country.
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, 2nd Vice President, Chaplin, 3rd 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 - Delegates and Alternates to the National Conference will be named by the President, with the advice and consent of the Board of Directors, no later than 120 days prior to the National Conference
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. | |
