East Chicago Professional Firefighters Association
IAFF Local 365
Constitution & By-Laws
2002 Executive Board
President Kevin Guadalupe
Vice President Michael Wiedemann Sr.
Recording Secretary Anthony Serna
Treasurer Jesse Becerra
Trustee Joseph Jakubowicz
Trustee Leonardo Muro
Trustee Rene Ramirez
2002 By-Law Committee
Christopher Rivera – Committee Chairman
Carlos Aburto
Jesse Becerra
Kevin Guadalupe
Elias Santana
Michael Wiedemann Sr.
2003 Executive Board
President Michael Wiedemann Sr.
Vice President Christopher Rivera
Recording Secretary Anthony Serna
Treasurer Jesse Becerra
Trustee Joseph Jakubowicz
Trustee Leonardo Muro
Trustee Rene Ramirez
2003 By-Law Committee
Pedro Rodriguez – Committee Chairman
Darren Anderson
Thomas Boyle
Joseph Diaz
Marc Escobedo
Dennis Fanno
Demetros Hasapis
David Koliboski
Mario Mendoza
James O’Donnell
Richard Rescan
Robert Rios
Peter Vega
Preamble
Strength through united action, guided by intelligence, believing such unity is essential for mutual protection, advancement of the interest and the general welfare of all firefighters and emergency medical technicians. We have formed this Local; the object shall be to organize all firefighters and emergency medical technicians to secure just compensation for their services and equitable settlement of their grievances. To promote the establishment of just and reasonable working condition; to place the members of this local on a higher plane of skill and efficiency. Remembering always: in unity there is strength, divided we fall.
Constitution and By-Laws
Article I
Section 1
This organization shall be known as the East Chicago Professional Firefighters Association Local No. 365 of the International Association of Fire Fighters.
Section 2
Referring in this Constitution and By-Laws to “Local” or “Local Union” shall to the Local as set forth in Section 1 above references to ”IAFF” , “International” or “Association” shall refer to the International Association of Fire Fighters.
Section 3
The jurisdiction of the Local shall be as follows: Those people who participate in the Fire Fighter Pension Plan, Fire Prevention, Ambulance Service, who are permanent and paid employees of said Fire Department.
Section 4
This Local Union, its officers, representatives and members, shall recognize, observe and be bound by the provisions of the Constitution and By-Laws of the International. Also, the interpretations rendered by the International President, the resolutions, decisions and directives of the Executive Board or officers of the International when made in conformity with the authority granted by the Constitution and By-Laws of the International, also Resolutions adopted and policies established by the delegates at conventions. Article XIII of the Constitution and By-Laws of the International is recognized as providing the Basic Rules governing this Local.
Article II
Objects
Section 1
The object of this Local shall be fostering and the encouragement of a higher degree of skill and efficiency, the cultivation of friendship and fellowship amongst its members. The maintenance of proper remuneration for duty performed and the elevation and improvement for moral, intellectual, social and economic condition of its fellow members. This Local shall strive to attain and keep through state legislation, a suitable Civil Service Law.
Section 2
We shall not strike, as we are formed to protect the lives and property of the community in case of fire or other emergency.
Section 3
This Local will not get involved in partisan principles. We may promote candidates seeking public office, that if elected would support the basic Local 365 premise that we are formed to protect the lives and property of the community in case of fire or other emergency.
Section 4
No member of this Local shall give support, aid or assistance in any movement for the integration of the police and fire departments.
ARTICLE III
Membership
Section 1
Any person of good moral character, who at the time of making application, is engaged in the service within the jurisdiction of this Local Union as set forth in Article I or this Constitution and By-Laws. Who is also under the direct supervision of the fire department shall be eligible for active membership in this local, once the member has been accepted as a permanent firefighter or emergency medical technician on the East Chicago Fire Department.
Section 2
Candidates for membership shall be proposed by two (2) members of the Local, who are in good standing and it shall require a two thirds (2/3) majority vote of all members present at that meeting to become a member. Any person opposing a candidate must state their reason or reasons.
Section 3
The initiation fee during and up to the last month of the probationary period shall be $15.00 plus one (1) month of dues. If the application is made after the probationary period, the fee shall be $25.00 plus one (1) month of due.
Section 4
The dues of this local shall be three quarters (3/4) of one percent (1%) of a master firefighter’s salary and be payroll deducted.
Section 5
Whenever increases in the rates of initiation fees, dues, assessments or allowances and expenses of officers of the Local are proposed, noticed of such proposal shall be given to members, at a regular meeting. A date set for submission of proposed increase shall be thirty (30) days after such notice, for approval it must pass by majority vote of the members in good standing, by secret ballot at a regular or special membership meeting.
Section 6
Honorary- for meritorious service to the Local or distinguished public service, persons may be elected to honorary membership by majority vote of the membership of the Local, at a regular meeting, Such membership shall entail no payments of initiation fees, dues or voice in the affairs of the Local. Such memberships are subject to revocation, for good cause, upon the majority vote of the membership of the Local.
Maintenance of Good Standing
Section 7
Membership in good standing in this Local includes any person who has fulfilled the requirements for membership as stated in the Constitution and By-Laws this Local. Who has not voluntarily withdrawn from membership or been suspended or expelled as provided in the Constitution and By-Laws of this Local or the International and all that in Article IV section 6.
Suspension of Delinquent Members
Section 8
Members who fail to pay their dues or assessments within the periods prescribed by these or the International Constitution and By-Laws, the proper Local officer shall notify the said member that they are delinquent. Said member will be automatically suspended and lose their good standing status if payment is not made within sixty (60) days following such notification. Delinquent and suspended members are not entitled to voice or vote in the Local or the affairs of the International.
Membership Meeting and Rights of Members
Section 9
Regular or special meeting of this Local shall be held as prescribed in these By-Laws. Every member in good standing shall have the right to attend any such meeting and participate in its deliberations, voting, and to express at such meeting their vows upon candidates in an election of the Local or upon any business properly before the meeting. However, to such reasonable rules as the Local may establish pertaining to the conduct which would interfere with the Local Union’s and the International’s performance of their legal or contractual obligation.
Members in good standing shall have the right to ask this Local for representation for any actions against them by the fire department. The said member must come forward at a regular or special meeting and ask for representation by the Local or an attorney. It shall be voted upon at the meeting, if it would be in the best interest of the local to grant the member representation. Legal Representation is not a right but a privilege and is voted on, by those present at a meeting, case by case.
Members shall also have the right to meet and assemble freely with other members and express their views, arguments or opinions provided however that in doing so they are not guilty of misconduct as set forth in these or International’s Constitution and By-Laws.
Separation
Section 10
When any member in good standing becomes separated from the fire service, the Local may allow the said member to retain their active membership, provided the said member keep up to date on their dues. The Local may also, on request of the said member, issue them a withdrawal card, as long as they were in good standing when they became separated. Any member, who is duly elected as an officer of the International, or elected/appointed as a representative to an affiliated labor organization, shall retain their active membership in this Local. A former member holding a withdrawal card will not be charged a reinstatement fee upon re-entry into the Local.
Sworn In To Local
Section 11
Each applicant upon being sworn into the Local shall receive a lapel button of the IAFF and a copy of the Constitution and By-Laws of this Local.
Section 12
Any member who has money, tickets or other properties of Local 365 and has been ordered to turn the same into the Local 365 officials shall do so immediately upon notification. Refusal to delay of thirty (30) days upon notification, the member shall be charged in accordance with Article XVII.
Section 13
No members of this Local shall volunteer for duties that are against the principles of this Local.
Section 14
No member of this Local shall represent any individual or group without being appointed by the president. Before being appointed, the president shall discuss such move with the executive body before such permission.
Section 15
It is the intent of this section to spell out the responsibilities of non members of Local 365 which are paid, permanent firefighters of the East Chicago Fire Department and are under the direction of the Fire Chief.
A person who after being accepted by the Board of Safety as a permanent firefighter and chooses not to join this Local at that time but at a later date, must pay the last fee ($25.00) and all dues dating back to the date he was accepted as a permanent firefighter by the Board of Safety.
Section 16
A retired member may continue their active membership in the Death Donation Fund and receive all privileges and rights according to them by paying into the Local the minimum sum of one dollar ($1.00) per month.
(Also see Article XII Section 4)
Article IV
Officers and Elections
Section 1
The elective officers or this Local shall consist of a president, vice president, recording secretary, and treasurer. Each of whom shall hold office for two (2) years. There shall also be three (3) trustees who shall hold office for six (6) years. One shall be elected every election year. These elective officers shall constitute the Executive Board.
Section 2
Nominations for office shall be made at the November meeting and elections shall be held during the December meeting.
Section 3
The recording secretary to notify the membership in fifteen (15) days in advance of the date, time and place at when nominations shall be made. This shall also hold true for elections.
Section 4
Elections shall be held in such a manner to give all members in good standing an opportunity to vote. Any member not in good standing will not be eligible to vote.
Section 5
The vote shall be by secret ballot.
Section 6
Only members who have been in good standing for the last twelve (12) and who have attended four (4) of the last twelve (12) meetings shall be eligible for office in this Local. If no quorum is present for a regular meeting monthly meeting and that meeting is cancelled, those in attendance will get credit for attendance as if there were a regular monthly meeting. This is so they may be qualified to run for any office of this Local.
Section 7
Candidates receiving the plurality vote shall be declared elected.
Section 8
Elected officers shall be installed before or at the regular meeting held in January.
Section 9
Before the polls are open, it shall be the duty of the president to appoint two (2) tellers as the Election Committee, to distribute, collect and count the ballots. It shall be the duty of the tellers to check off, on a check list each member who received a ballot. No members shall be given more then one (1) ballot. The Election Committee shall count the votes cast and number the void ballots. The tellers upon completion of tabulating the ballots shall notify the president of the results and turn in them in to the recording secretary. The recording secretary shall post the results at each respective station as soon as possible. The recording secretary shall preserve the ballots for one (1) year.
Rights of Candidates
Section 10
Every candidate for office shall have the right to request distribution of campaign literature, by mail or otherwise, to all members in good standing, at the candidates owe personal expense. If this request is granted by the Local, all other candidates for office shall receive the same privilege. A candidate for office includes a candidate for membership on the executive board, or similar governing body. There shall be no discrimination in favor of or against any candidate with regard to the use of membership lists.
Section 11
Each candidate for office shall be entitled upon request to appoint one observer, who must be a member in good standing, who shall be permitted to witness the manner of distribution and casting of ballots and attend the meeting of the Election Committee at which the ballots are tabulated. The Election Committee shall decide all questions concerning the validity of any ballots cast or eligibility of any member to vote.
Section 12
Should any officer absent themselves from three (3) consecutive meetings without sufficient cause, their office shall be declared vacant.
Section 13
Should a vacancy occur in any office due to death, resignation, incapacity, as stated in Section 12 Article IV or other reason, the Executive Board shall select or elect successors, no later then sixty (60) days from date the office is vacated.
Use of Funds Prohibited in Local 365 Elections
Section 14
No funds received by this Local through initiation frees, dues, assessments or otherwise, shall be contributed or applied to promote the candidacy of any person in elections of officers this section does not prevent the expenditure from union funds for notices, factual statements of issues and other necessary expenses to conduct elections as long as they do not involve promotion of any candidate.
ARTICLE V
Duties of Officers
President
Section 1
It shall be the duty of the President to preside at all the meetings of the Local; to preserve order during its deliberations; to sign all orders on the treasurer when ordered; to hold the secret work in the President’s possession and not divulge it to any but members; The President shall discharge on the behalf of the Local such duties as may be imposed upon the President’s by the applicable law including the execution and filing of any reports to the Federal or State authorities, and the President shall cause to maintained by the Local such records as the law requires to be kept in support or reports filed by it; the President, by virtue of office , shall be a delegate of this Local to conventions of the IAFF or the Professional Fire Fighters Union of Indiana (PFFUI).
Vice President
Section 2
In the absence of the President, the Vice President shall perform the duties of the President. In the case of the death or resignation of the President, the Vice President shall complete the term as President.
The Vice President, at the President’s request, shall attend meetings or functions with the President. If the President cannot attend such a meeting or function, the Vice President may be asked to stand in place of the President.
Recording Secretary
Section 3
The Recording Secretary shall take charge of all books, papers and affects other then the books of the treasurer. He shall keep a correct record of all the amendments to these By-Laws in the books provided for that purpose. The Recording Secretary shall keep a correct record of the minutes of all meetings and conduct all correspondence pertaining to their office. The Recording Secretary shall discharge on the behalf of the Local such duties as may be imposed upon him by the applicable law including the execution and filing of any reports to the Federal or State authorities, and the president shall cause to maintained by the Local such records as the law requires to be kept in support or reports filed by it
Treasurer
Section 4
Treasurer shall receive all money due to the Local and deposit, within forty eight (48) hours after each meeting, in such bank as the Local may direct in the name of the Local. They shall pay bills sanctioned by the Local. They shall issue all membership cards. They shall keep a correct account between this Local and the IAFF. They shall discharge on the behalf of the Local such duties as may be imposed upon the Treasurer by the applicable law including the execution and filing of any reports to the Federal or State authorities, and the President shall cause to maintained by the Local such records as the law requires to be kept in support or reports filed by it.
Section 5
All officers and employees of the Local who handle funds or property of The Local shall be bonded in such amounts as may be required by the Board of Trustees and the IAFF Secretary Treasurer, in compliance with applicable law, the expense of which shall be borne by the IAFF.
Trustees
Section 6
It shall be the duty of the Trustees to receive and hold the required bond of the Treasurer (other then that of the International) if the membership so desires to bond the Treasurer and to audit the books of the Treasurer and the Recording Secretary quarterly, and report their findings to the Local.
Section 7
It shall be the duty of the President to appoint a guard (sergeant-at-arms) at each meeting, the guard’s duties shall be to introduce all new members and visitors; to take charge of the door and assist the President in preserving order when called to do so.
Stewards
Section 8
There will be one (1) Steward from each house to represent all three (3) shifts. At any time this Local represents an EMS division of the fire department which does not rotate among the suppression side of the fire department, the Local shall have one (1) additional Steward to represent the EMS. The Stewards shall be appointed by the executive board on the basis of the amount of meetings attended the past year. The member with the most meetings attended will be Steward. If the amount of meetings attended are in a tie at any station, the executive board shall vote, by secret ballot for Steward, if for any reason the member with the most meetings attended does not wish to serve as Steward, the member with the most meetings attended at that station will be given the job and etc. If a Steward is transferred to a different station, the rule applying will be;
a. The member with the most meeting attended during the last year combined with the meetings attended during the present year will automatically be the Steward. The member being relieved as Steward will get one (1) month free union dues. If there is a tie the same rule will apply.
b. When there is a vacancy at any station for reasons of transfer, resignation, discharge or retirement, the Steward will be appointed on the same basis as mentioned in this section.
c. If the feeling of the Executive Board is that a steward is not performing their duties properly, they will bring the matter up to the Local and it will be voted on the floor as to whether or not the member will be dismissed as steward. The vote must be two thirds (2/3) of the members attending said meeting for dismissal.
d. No member serving on the executive board will be eligible to serve as steward.
Duties of Stewards
Section 9
It shall be the duty of the stewards to see that the members of the Local live up to the rules of the Local and to see that the rights of the members are not violated by their commanding officers, in the event of any differences arising between the steward and a member.
a. Stewards shall help in any elections that the Local may have during the year.
b. Stewards shall keep the union bulletin board at their station neat and free of non-union member posted items. This would include any department memos that should be placed on the department board.
c. Stewards shall make every effort to make all union meetings and when in attendance shall give an oral report of the state of their station and the members they represent.
Executive Board
Section 10
Except as otherwise provided by this Constitution and By-Laws the Executive Board shall have full complete charge of all business of the Local and their decisions shall represent final judgment of this Local. The Executive Board shall consist of the President, Vice President, Recording Secretary, Treasurer and the three (3) Trustees.
a. The Executive Board shall entertain appeals from all members of this Local and shall exercise original jurisdiction in all charges preferred to them.
b. The Executive Board shall hold meetings once a month. Four members of the board shall constitute a quorum competent to transact business. Minutes of all meetings of the Board shall be kept by the Recording Secretary.
c. The Executive Board shall exercise general supervision and control over the investments and disbursements of the funds of the Local.
Board of Trustees
Section 11
The Board of Trustees shall check the books of the Local at least once each year and at such other times as they deem advisable. They shall engage a Certified Public Accountant to make an audit of the accounts of the Treasurer once a year. They shall have full access to all books and records of the Treasurer pertaining to financial matters of the Local. The Board of Trustees shall make a report to the Executive Board and to all members of the Local on their findings on the examination of the books.
ARTICLE VI
Allowances and Expenses of Officers
Section 1
The President of the Local shall receive an allowance of expenses up to one thousand two hundred dollars ($1,200.00) per year. The President’s union dues shall be paid by the Local while serving in office.
Section 2
The Treasurer of the Local shall receive an allowance of expenses up to eight hundred dollars ($800.00) per year. The Treasurer’s union dues shall be paid by the Local while serving in office.
Section 3
The Recording Secretary of this Local shall receive an allowance of expenses up to eight hundred dollars ($800.00) per year. The Recording Secretary’s union dues shall be paid by the Local while serving in office.
Section 4
The Vice President’s union dues shall be paid by the Local while serving in office.
Section 5
The Trustee’s union dues shall be paid while serving in office.
Section 6
The Steward’s will be required to pay half the union dues of the Local while serving in office. The Local shall pay the other half.
Section 7
The tellers for elections shall fifteen dollars $15.00 for the two (2) hours the polls are open.
ARTICLE VII
Meetings
Section 1
The regular monthly meeting shall be held at 7:30 P.M. on the first Tuesday, Wednesday or Thursday of the month.
Section 2
Special meetings must be called by the president on application of the Executive Board or at the written request of ten (10) days members in good standing or at any time the President deems it necessary for the good of the Local.
Section 3
The Recording Secretary shall notify all members three (3) days before a special meeting convenes.
Section 4
A quorum for a regular or special meeting shall consist of ten (10) members of the Local in good standing. When membership of the Local is less then one hundred (100) members, it shall require 10% of the current membership for a quorum for a regular or special meeting.
ARTICLE VIII
Committees
Section 1
All committees shall be appointed by the President and shall be composed of not less then three (3) members, except in the case of the election committee which would be two (2) tellers, who are members in good standing, will be appointed.
Section 2
Standing committees shall be as follows:
Revenue, Wage and Hour, By-Law, Good and Welfare, Badge and Sick Committee
Section 3
The Sick Committee shall rotate in alphabetical order and are to serve one (1) month. It shall be the duties of the Sick Committee to call sick and injured members and report their condition to the Local.
Section 4
The Revenue Committee shall consist of not less then three (3) members and shall try raising revenues in the form of raffles, bingos etc. to help support the Local’s financial burden.
Section 5
The Wage and Hour Committee shall consist of not less than three (3) members and will appear before the City Council, Mayor, and Board of Public Works or any other bargaining group of the city government.
Section 6
The By-Law Committee shall consist of not less then three (3) members and will continually update our Local By-Laws to reflect a today attitude to protect the Local’s members.
Section 7
The Good and Welfare committee shall consist of not less than three (3) members and will continually deal with everything and anything with regard to the health and safety of the Local’s members.
ARTICLE IX
Audits and Financial Reports
Section 1
The books and accounts of the Local shall be audited annually on December 31st and the last such report of the audit shall be forwarded to the IAFF Secretary Treasurer, over the seal of the Local, not later then June 1st of the following year.
Section 2
The Trustees of the Local shall audit the books of the Local quarterly and a report made to the Local.
ARTICLE X
Revenue
Section 1
The revenue of this Local shall be derived from initiation fees, dues, fines, donations, fundraisers etc.
Section 2
The funds shall be divided into two (2) separate funds namely:
Benefit Funds and Central Funds
Section 3
The benefit funds shall consist of such money set aside for retirement and death benefit, emergency fund, general fund, and the children’s rehabilitation fund.
Section 4
The central funds shall consist of such money as set for a checking account for the Local’s operating expenses.
Section 5
The Executive Board shall be empowered to invest all surplus funds as they see fit in the East Chicago Firefighters Credit Union, good government, bonds or in any good banking institution with Federal Reserve insurance.
Section 6
Any revenue received from this Local’s social activities shall be voted by two thirds (2/3) majority vote of all members in good standing at a regular meeting before disbursement to any account.
Section 7
Reinstatement fees shall be thirty dollars ($30.00) plus back dues. Increases in dues or assessments require notice of such a proposed increase to be given to members in good standing at least thirty (30) days in advance of the date set for a vote. On the day of the vote, the proposed increase shall be voted by all members in good standing in a referendum vote by secret ballot.
ARTICLE XI
Funds
Section 1
The funds of this Local shall be kept in five (5) funds: The Checking Account, the General Fund, the Death Donation Fund, the Retirement Fund and the Children’s Rehabilitation Fund.
Section 2
The checking account shall be kept under the name of the East Chicago Professional Firefighters Association Local 365. It shall be in charge of the President and the Treasurer. A reserve of one thousand dollars ($1,000.00) shall be kept in the checking account at the start of the fiscal year.
Section 3
The general fund shall be kept in various interest bearing accounts, in the name of the East Chicago Professional Firefighters Association Local 365, as the Trustees see fit. The Executive Board shall be in charge of the fund. All income and revenue of this Local shall be placed in the general fund and be dispersed to those in charge of the various other funds of the Local.
Section 4
Members of the local may participate in the Death Donation Fund. (See ARTICLE XII)
Section 5
Members of the Local may participate in the Badge Club to operate on funds donated by club members. The object of the Badge Club is to present each club member with a gift, after twenty (20) years on the East Chicago Fire Department. Donations shall be collected when men approach twenty (20) years of service. The chairman of the Badge Committee shall be appointed annually, by the President of the Local, from members belonging to the Badge Club.
Section 6
The members of the Local may participate in The Death Donation Fund. The fund shall operate on the monies paid into this fund by members belonging to the Death Donation Fund. The monies received shall be left in care of the East Chicago Firefighter’s Credit Union. A chairman shall be appointed annually, by the President of the Local, from members belonging to the fund.
Section 7
The funds of the Local shall be used for its legitimate purposes as stated in these By-Laws. A motion to spend money for any other purpose not contained in these By-Laws must be read at Two (2) meeting and voted on at the second meeting.
Section 8
In case of an emergency, the Executive Board can call for a vote to be taken at the stations to authorize the expenditure of the sum of money needed.
Section 9
In case of an emergency the Executive Board shall be authorized to spend up to two hundred ($200.00) dollars, whenever it deems it necessary for the good of the Local.
Section 10
The funds of the Local shall be used in defraying expenses incidental to the maintenance of the Local.
Section 11
The Local shall endorse and sponsor a Firefighter’s Children’s Rehabilitating Fund. This fund shall be for the benefit of a firefighter’s child handicapped either by birth or by accident and that is under the age of twenty one (21) years. The amount of payment shall not exceed the sum of five hundred dollars ($500.00) and no child shall benefit more then once from the fund. The word rehabilitating shall be defined in this section as “making useful”, be it for immediate or future use. It shall never be used as a scholarship fund in any form. Only one grant will be made annually.
Means of determining whether or not a member’s child is entitled to such benefit shall be decided by the membership at the next regular union meeting, after the Board of Investigating Committee has made their report. The Investigating Committee shall be composed up to five (5) members in good standing and be appointed by the President of the Local. Of the five, one shall be selected as chairman by the committee members. The Investigating Committee shall look into all details involved before making their report.
The revenue to support this fund shall come from the annual fund raising activities. Ten percent (10%) shall be given be given to the fund in the name of the Local and deposited in a saving account. The President and the Treasurer shall be in charge of the account. The amount of the fund shall not exceed three thousand dollars ($3,000.00). Any donation to the fund will be accepted upon the approval of the membership.
ARTICLE XII
Death Donation Fund
Section 1
The Death Donation Fund of the Local shall consist of all members of the Local and retired members. Upon the death of a member of the Local, who is of good standing at the time of their death, the Death Donation Fund shall pay to the beneficiary, named by the Treasurer, the sum of seven hundred fifty dollars ($750.00).
The fund shall consist of ten percent (10%) of the total membership or in an account at all times the sum of four thousand dollars ($4,000.00), to maintain benefits of the Death Donation Fund for members in good standing.
Example: 69 members
+3 retired members
72
$750.00 x 7.2 (10% of membership) = $5,400.00
Section 2
The Death Donation Fund may be invested in U.S. savings bonds if the Executive Board wishes to do so.
Section 3
A retired member may continue to participate in the Death Donation Fund by paying into the fund one dollar ($1.00) per month. If a retired member is delinquent in payments over six (6) months, they shall forfeit all rights to the payment that would be due to their beneficiary and well as their membership in good standing.
Section 4
Upon the death of a member, who was in good standing in the Local at the time of their death, or a retired member participating in the fund, the Local shall pay to the person or persons previously designated by the deceased a death donation payment as stated in this Article.
Section 5
Upon the death of any member or a member’s wife, mother, father, brother, sister or child, the Local shall provide a floral piece. The cost of the floral piece shall be fifty five dollars ($55.00). A retired member who passes shall also receive a floral piece at the same cost.
Section 6
If a member withdraws or is expelled from the Local or is discharged from the East Chicago Fire Department, they shall automatically forfeit all rights to the Death Donation Fund. However, if reinstated in the Local, they shall be reinstated to the benefits of this fund.
ARTICLE XIV
Delegates
Section 1
All delegates and alternates of the Local, to conventions, seminars, conferences or such pertaining the firefighters that is approved by the membership, shall be elected by members in good standing by secret ballot at a regular Local meeting,. The elections shall be held in the same manner as set in Article IV of these By-Laws.
Section 2
To be eligible for nomination as a delegate or alternate of the Local, as set forth in Section 1 of this Article, a member must be in good standing and have attended four (4) of the last twelve (12) regular monthly meetings of the Local.
Section 3
Delegates and alternates to convention of the IAFF shall be elected as stated above in Section 1 of this Article. The credentials prepared for such delegates must so certify. The President is an automatic delegate by virtue of election to office.
Section 4
Delegates to the Central Labor Union shall be appointed by the President of the Local and shall receive fifteen dollars ($15.00)
Section 5
Delegates to conventions, seminars, conferences or such events approved by this Local shall receive thirty four (34) cents per mile. If the event is more then 100 miles away, the delegate shall receive one day travel time of thirty four dollars ($34.00). If two (2) or more delegates travel together in the same vehicle, only one shall be paid for mileage.
Delegates to conventions, seminars, conferences or such events approved by this Local shall receive seventy five dollars ($75.00) per day of the event. If an event requires an over night stay or is a multi-day event the delegate shall receive an additional fifty dollars ($50.00) per day of the event for a total of one hundred twenty five dollars ($125.00) per day.
ARTICLE XV
Misconduct
Section 1
Refusal or failure without justifiable cause to comply with or abide by the provisions of these By-Laws, the established policies of this Local, the valid decisions of the Executive Board or those of the IAFF of the Professional Fire Fighters Union of Indiana conventions.
Section 2
Willfully and knowingly commit any act of fraud, embezzlement, larceny or the misappropriation of funds or property belonging to the Local. Refusing, failing or neglecting to comply with the provisions of these By-Laws requiring a full and accurate account of all funds, property, books and records for examination and audit.
Section 3
Libeling, slandering or causing to be libel or slandered any officer or member of the Local, except in the form of charges of misconduct properly filed against an officer or member as provided in these By-Laws.
Section 4
Failing, refusing or neglecting to appear, without proper cause, as a prosecuting witness after filing charges against a member or officer of the Local.
Section 5
For advocating or encouraging any labor or other rival organization, or acquiring membership in any such organization including volunteer fire departments or Associations. The IAFF, Professional Fire Fighters Union of Indiana and this Local shall not be considered as rival organizations.
Section 6
Maintaining membership in any party advocating the overthrow of our government by force of violence.
Section 7
Acquiring membership by fraud, false representation or deceit.
Section 8
Filing false charges against any officer or member of the Local, provided that it is understood that for the purposes of this provision, that false charges are not merely charges of which an officer or member is acquitted but rather charges which are filed recklessly or in bad faith without substance, foundation or reasonable basis of support.
Section 9
Committing any physical assault upon any officer, member or representative of the Local while such person is engaged in the performance of their duties for the Local.
Section 10
Conduct unbecoming a member of the Local, provided that utilization of this provision shall be valid only when charges are set forth in specific terms specifying the conduct or act(s) alleged to be unbecoming a member.
Section 11
Any member, who is off the day of a funeral of an active member of the Local, who fails to attend such funeral and also fails to go to the cemetery upon request of the Executive Board without a sufficient excuse, shall be fined equal to one (1) month of union dues.
Section 12
Any member having charges of misconduct preferred against them are subject to the proper provisions of these By-Laws.
Section 13
No member of the Local shall recognize of affix their signature to any petition, questionnaire, poll or any papers pertaining to working, salaries or other business concerning the firefighting or EMS profession unless the same has been approved by the Local, the Professional fire Fighters Union of Indiana or the IAFF.
Article XVI
Suspensions and Punishments
Section 1
Delinquent Members-members who fail to pay their monthly dues or assessments by the fifteenth (15th) day following the month such dues are payable.
Delinquent members shall be notified, by the Local officer whose duty it is; that they are delinquent and will automatically suspended and lose their good standing if payment is not made within sixty (60) days following such notification. Delinquent and suspended members are not entitled to voice or vote in the affairs of the Local or the IAFF.
Section 2
Any member failing to make full payment for tickets or not turning back in such tickets they received from the Fund Raising Committee or fail to pay any monies derived from any function shall be charged according to Article XVII of these By-Laws.
ARTICLE XVII
Misconduct, Trials and Appeals
Section 1
Any member charged with misconduct as defined in Article XV of the IAFF Constitution and By-Laws shall be served with written specific charges as required in Article XVI of IAFF Constitution and By-Laws and given a reasonable time to prepare their defense and afforded a hearing as provided in Article XVII of the IAFF Constitution and By-Laws.
Section 2
Appeals may be made in accordance with Article XVIII of the IAFF Constitution and By-Laws. Such appeal must be filed with the President of the IAFF within thirty (30) days of the action to be appealed.
ARTICLE XVIII
Reinstatement
Section 1
A member suspended under Sections 2, 3, or 4 of Article XVI, can, on making an application for reinstatement with ninety (90) days of the date of suspension, be reinstated for the amount charged against them of the Local for the quarter preceding their suspension, including dues, fines assessments or other money due to the Local; plus a reinstatement fee of thirty dollars ($30.00). The dues for the quarter succeeding their suspension will be credited to them and deducted from the reinstatement fee. A member suspended under section 4 of Article XVI shall comply with the same requirements of punishment.
Section 2
Any member who allows themselves to stand suspended longer than ninety (90) days, can on application, be reinstated for the amount charged against them on the books for the quarter preceding their suspension. A fine, equivalent to the amount of dues they would have paid in the Local had they remained in good standing, plus a reinstatement fee of thirty dollars ($30.00). No part of this reinstatement fee can be accepted as dues. Their application shall be read at a regular meeting and a referendum vote shall be taken at the stations on his application. A majority vote shall be necessary to reinstate the said suspended member.
ARTICLE XIX
By-Law Amendments
Section 1
The Constitution and By-Laws are made under the provisions that they may be amended by two thirds (2/3). The amended notice shall be posted in prominent places in all stations of the department. The notice must designate propose of the amendment change and includes the time and place of the meeting. The amendement(s) changes shall be posted at least fifteen (15) days in advance of the meeting at which the vote on the change will take place.
Section 2
A proposed amendment to this Constitution and By-Laws made under its provisions shall be submitted for approval to the IAFF President prior to its printing of issuance.
ARTICLE XX
Order of Business
Section 1
The order of business of the Local at regular meetings shall be as follows:
1) Call to order an opening by the President.
2) Roll call of all members.
3) Installation of officers, applications for membership and swearing in of
new members.
4) Reading of the minutes.
5) Communications and bills (correspondence)
6) Report of Secretary, Treasurer and Trustees
7) Report of delegates and committees
8) Unfinished business
9) New business
10) Good and welfare of the Local
11) Nominations and Elections
12)