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lodges are no longer active lodges: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)
1993 SB 39 - PERMITTED PROBATION OFFICERS TO BE ARMED
1994 HB 332 - CCDW PERMITS FOR RETIRED POLICE OFFICER'S
1995 HB 119 - COLLECTIVE BARGAINING FOR SMALLER DEPTS.
1995 HB 252/1996 HB 574 - PROTECTION OF I.A. FILES FROM THE PUBLIC
AND CIVIL
PROCEEDINGS
1998 SB 217 - MODIFIED WILM.'S RESIDENCY LAW
1999 BINDING ARBITRATION
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.
(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.
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 therefor 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 two authorized solicitations
within the State of Delaware during the calendar year, which shall be
conducted solely by the Delaware State Lodge.
a.The first solicitation shall be statewide
residential done by a solicitor chosen by the Board of Directors. The funds
from this solicitation will be distributed according to the schedule of
payments adopted by the 1996 Biennial Conference. Any change to this
schedule of payments shall be made by a 2/3 vote of the full Board of
Directors.
b. The second solicitation shall also be statewide
business solicitation known as the “Delaware State F.O.P. Journal” which
results in the publication of (a) magazine(s) listing ads of these business
sponsors. The funds from this solicitation will be distributed according to
the schedule of payments adopted by the 1996 Biennial Conference. Any
changes to this schedule of payments shall be made by a 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.
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