FOP Lodge #3 - Kent County, Delaware

New Board of Directors sworn into Office

February 25, 2004

State FOP Lodge President Bob Jameson swears in the newly Elected Offices.

Sgt. at Arms Bob Luzader, President Howard Fortner,

Vice President John Rutherford,

Financial Secretary Bill Jopp and Associate Trustee James Clark

FRATERNAL ORDER OF POLICE

KENT COUNTY LODGE #3

P.O. BOX 374

DOVER, DELAWARE

19901

CONSTITUTION

AND

BY-LAWS

APPROVED BY KENT COUNTY LODGE #3 ON SEPTEMBER 27, 1995

LAST REVISION DATE	ARTICLES EFFECTED
August 23, 2002	All

DOCUMENT PREPARED BY BOB WILSON

TABLE OF CONTENTS

KENT COUNTY LODGE #3 BY-LAWS

AREAS COVERED PAGE

COVER PAGE 1

TABLE OF CONTENTS 2

DEFINITIONS 5

OFFICIAL STATEMENT 8

PREAMBLE 9

ARTICLE I NAME AND SEAL 10

ARTICLE II ACTIVE MEMBERSHIP 10

ARTICLE III ASSOCIATE MEMBERSHIP 11

ARTICLE IV OFFICERS 12

ARTICLE V BOARD OF DIRECTORS 13

LIMITS ON AGENCIES 13

MEETINGS 14

EMERGENCY EXPENDITURES 14

ABSENCES FROM MEETINGS 14

ARTICLE VI DUTIES OF THE OFFICERS 14

PRESIDENT 14

IMMEDIATE PAST-PRESIDENT 15

VICE-PRESIDENT 15

SECRETARY 15

TREASURER 16

FINANCIAL SECRETARY 17

SERGEANT AT ARMS 18

ASSOCIATE TRUSTEE 18

ARTICLE VII NOMINATIONS, ELECTIONS, AND REFERENDUMS 18

LIMITATIONS ON BOARD MEMBERS 18

PRIORITY OF OFFICE APPOINTMENT 18

ASSOCIATE TRUSTEE 18

NOMINATIONS COMMITTEE 19

ELECTIONS COMMITTEE 19

REFERENDUMS 20

BALLOT BOX 20

REGULAR ELECTIONS 20

RUN OFF ELECTIONS 20

SPECIAL ELECTIONS 21

ARTICLE VIII NOMINATIONS AND ELECTIONS OF DELEGATES 22

ARTICLE IX OFFICIAL ORDER OF BUSINESS 23

ARTICLE X COMMITTEES 23

ARTICLE XI DUES AND ASSESSMENTS 23

ARTICLE XII MEMBERSHIP STANDING 24

ARTICLE XIII ELEGIBILITY FOR BENEFITS 25

ARTICLE XIV RESIGNATIONS 26

ARTICLE XV LAW AND ORDER 26

ARTICLE XVI LEGAL AID POLICY 26

LEGAL AID APPLICATION 44

APPLICANT’S CERTIFICATION 45

ARTICLE XVII COMPLAINT PROCESS 29

INVESTIGATIVE COMMITTEE 29

COMPLAINT INITIATION FORM 46

ACKNOWLEDGEMENT OF COMPLAINT FORM 47

REVIEW OF COMPLAINT FORM 48

ARTICLE XVIII DISCIPLINE PROCEDURES 31

BOARD OF INQUIRY 31

STATEMENT OF CHARGES 49

SUMMARY DISCIPLINE FORM 50

BOARD OF INQUIRY FINDINGS 51

ARTICLE XIX PROFESSIONAL APPOINTMENTS 33

LODGE ATTORNEY 33

CERTIFIED PUBLIC ACCOUNTANT 33

ARTICLE XX AUDIT BY CERTIFIED PUBLIC ACCOUNTANT 33

ARTICLE XXI LODGE BUDGET 34

ARTICLE XXII AMENDMENT AND REVISION 34

ARTICLE XXIII LODGE BUILDING AND REAL ESTATE 34

ARTICLE XXIV MEMORIAL SERVICE 35

ARTICLE XXV LODGE MEETING DAYS AND TIMES 35

ARTICLE XXVI NEWSLETTER 35

ARTICLE XXVII MEMBER COMMEDATIONS 36

INDEX 37

ADDENDUM COVER SHEET 43

LEGAL AID APPLICATION 44

COMPLAINT INITIATION FORM 46

COMPLAINT ACKNOWLEDGEMENT FORM 47

REVIEW OF COMPLAINT FORM 48

STATEMENT OF CHARGES 49

SUMMARY DISCIPLINE FORMS 50

BOARD OF INQUIRY FINDINGS 51

DEFINITIONS

KENT COUNTY LODGE #3 BY-LAWS

BOARD OF DIRECTORS – THE GOVERNING BODY OF THE LODGE

DELINQUENT – ACTIVE OR ASSOCIATE MEMBER WHO HAS NOT PAID ALL DUES

PAYABLE TO KENT COUNTY LODGE #3 AND WHO IS NOT NINETY (90) DAYS IN ARREARS OF SUCH PAYMENTS AS OF THE DATE SPECIFIED FOR PAYMENT THEREOF:

· ACTIVE MEMBER WHO HAS FAILED OR REFUSED TO PAY A

SPECIAL ASSESSMENT IMPOSED BY THE BOARD OF DIRECTORS AND WHO IS NOT NINETY (90) DAYS IN ARREARS OF SUCH ASSESSMENT

EX-OFFICIO – THE PRESIDENT SHALL BE A MEMBER OF ALL COMMITTEES,

STANDING AND SPECIAL, HOWEVER, HE/SHE SHALL HAVE NO

VOTE.

INVESTIGATIVE COMMITTEE – A COMMITTEE OF NO MORE THAN THREE (3) ACTIVE

MEMBERS WHO SHALL INVESTIGATE ALLEGED COMPLAINTS REFEREED TO THEM FROM THE BOARD OF DIRECTORS.

LODGE – KENT COUNTY LODGE #3

MEMBER – CAN MEAN ACTIVE OR ASSOCIATE ADDITIONALLY THIS TERM MAY MEAN

MALE OR FEMALE.

NEWSLETTER – PUBLICATION OF KENT COUNTY LODGE #3 THAT IS FOR THE

INFORMATION OF ITS MEMBERS.

OFFICERS – PRESIDENT, IMMEDIATE-PAST PRESIDENT, VICE PRESIDENT, SECRETARY,

TREASURER, FINANCIAL SECRETARY, SERGEANT OF ARMS.

SIGNIFICANT OTHER – A PERSON WITH WHOM THE MEMBER’S LIFE IS INTERDEPENDENT

WITH WHOM THE MEMBER MAINTAINS A COMMITTED

RELATIONSHIP AND WITH WHOM THE MEMBER SHARES A

MUTUAL RESIDENCE.

DEFINITIONS CONTINUED

SPECIAL COMMITTEE – COMMITTEES THAT ARE FORMED BY THE PRESIDENT WHILE

HE/SHE IS IN OFFICE. THESE COMMITTEES SHALL HAVE SPECIAL

PURPOSE AND WILL EXPIRE AT THE END OF THE APPOINTING

PRESIDENT’S TERM, IF NOT SOONER.

STANDING COMMITTEE – ELEVEN (11) COMMITTEES THAT ARE OUTLINED IN ARTICLE X

WHICH ARE TO BE STAFFED BY THE PRESIDENT AT THE BEGINNING OF EVERY TERM OF OFFICE.

STATUS – A MEMBER’S STATUS EITHER ACTIVE, ACTIVE-LIFE, ASSOCIATE, ASSOCIATE

LIFE, OR HONORARY ASSOCIATE.

SUMMARY PUNISHMENT – A SYSTEM WHICH ALLOWS A MEMBER WHO HAS HAD

SUSTAINED CHARGES BROUGHT AGAINST THEM TO RESOLVE THE MATTER WITH OUT A BOARD OF INQUIRY.

SUSPENDED – ACTIVE OR ASSOCIATE MEMBER WHO HAS NOT PAID ALL DUES PAYABLE

TO KENT COUNTY LODGE #3 AND WHO IS NINETY (90) DAYS IN ARREARS

OF SUCH PAYMENTS SPECIFIED.

· ACTIVE MEMBER WHO HAS FAILED OR REFUSED TO PAY A SPECIAL

ASSESSMENT IMPOSED BY THE BOARD OF DIRECTORS AND WHO IS

NINETY (90) DAYS IN ARREARS OF SUCH ASSESSMENT.

STATE LODGE – DELAWARE STATE LODGE, FRATERNAL ORDER OF POLICE

DEFINITIONS CONTINUED

CONSTITUTION & BY-LAWS

KENT COUNTY LODGE #3

FRATERNAL ORDER OF POLICE

OFFICIAL STATEMENT

GRAND LODGE

FRATERNAL ORDER OF POLICE

The Fraternal Order of Police is a non-profit corporation formed under the laws of the Commonwealth of Pennsylvania. The Court of Common Pleas of Allegheny County, Pennsylvania, entered the Decree of Incorporation of the 17^th day of November, 1915. The original articles were recorded on the 18^th day of November 1915, in the office of the Recorder of Deeds of Allegheny County, Pennsylvania, in the Charter book, volume 49, Page 350. Pursuant to the provisions of the laws of Pennsylvania, to amend the original charter was made on the 1^st day of June, 1940. On the 8^th day of June, 1940, the Court ordered adjudged and decreed the Articles of Amendment approved and part of the charter. Articles of Amendment recorded on the 8^th day of June 1940 in the office of Recorder of Deeds of Allegheny County, Pennsylvania.

The Constitution was adopted November 18, 1918 and amended at official Annual Convention subsequently, including the First Annual Convention held in Pittsburgh, October 15, 1917, the 36^th National Biennial Conference held at Norfolk, Virginia, August 18-22, 1963, and the 41^st Biennial Conference held at Las Vegas, Nevada, August 9^th, 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 Fraternal Order of Police and to exercise and perform all corporate rights, privileges, powers, authorities, and franchise of the Fraternal Order of Police.

The By-Laws prior to August 11, 1917, were included in the Constitution and By-Laws adopted at the 28^th Annual Convention, August 11, 1947.

Constitution and By-Laws as amended and adopted, respectively, in full force and effect.

The Grand Lodge of Pennsylvania Lodge Constitution and By-Laws and the Delaware State Lodge Constitution and By-Laws are hereby made a part of the Constitution and By-Laws of Kent County Lodge #3.

CONSTITUTION

PREAMBLE

We, the law enforcement officers of the Fraternal Order of Police, Kent County Lodge #3 do hereby and hereon associate our lodge and the members thereof together for the following purposes:

To support and defend the Constitution of the United States and the State of Delaware; to include loyalty and allegiance to the United States of America; to promote and foster the enforcement of law and order; to improve the individual proficiency of our members in the performance of their duties; to encourage social, charitable, and educational activities among law enforcement officers; to advocate and strive for uniform applications in appointment and promotion; to create a tradition of esprit de corps ensuring fidelity to duty under all conditions and circumstances; to cultivate a sprit 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.

ARTICLE I

NAME AND SEAL

SECTION 1 - The name of this organization shall be known as the Fraternal Order of Police of Kent County Lodge #3.

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

ARTICLE II

ACTIVE MEMBERSHIP

SECTION 1 - Any regularly appointed and full time employed law enforcement officer of the United States, State of Delaware, or political subdivision thereof, whose jurisdiction shall be solely or in part within Kent County Delaware shall be eligible for membership in the FRATERNAL ORDER OF POLICE KENT COUNTY LODGE #3 subject to provisions of the Constitution, By-Laws, and Standing Rules of Order. No person shall be denied membership as a result of race, sex, creed, or national origin.

SECTION 2 - Kent County Lodge #3 shall deny membership to anyone who is or who has been a member of the Communist Party or any party, regardless by what name known, which advocates the abolishment or destruction of our government, either by force or by subversive means.

SECTION 3 - No person shall be simultaneously a member of more than one (1) lodge or hold dual memberships.