Bylaws

Any member may be suspended or terminated from membership in the Association for cause as described within Article III, Section 2. Any such action shall be initiated by a majority vote of the Board of Directors.

This Association is the bargaining unit (BU-7) for all Deputy Sheriff-Custodial and Sergeant- Custodial employees in Stanislaus County.

The Association shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of its directors, officers, employees, and other agents, against any liability asserted against or incurred by any officer, employee, or agent in such capacity or arising out of the officer’s, employee’s, or agent’s status as such.

Any active member of the Association who has successfully completed the required employee probationary period with the Stanislaus County Sheriff’s Department and is a current member in good standing shall be eligible to serve as a director and/or officer. The active member must maintain status as a member in good standing throughout the term of his/her office. In addition, candidates for the position of president shall have a minimum of one year of board experience, unless there are no other qualified candidates for that position. Notwithstanding the aforementioned qualifications, an existing director or officer of the Association shall not become ineligible to hold his or her current elected office solely by virtue of being involuntarily terminated from employment with the Stanislaus County Sheriff’s Department while any appeals or legal challenges to the termination are pending before any administrative or judicial body. Members nominated for, or appointed to, one of the five representative positions must be assigned to the facility or group that they will be representing. A director who is transferred / reassigned away from their representing unit may hold the office for the remainder of the term of office. If there is not an eligible member seeking election or available for appointment the board may appoint an at large member from that division.

A Board position shall be deemed vacated when the elected Officer or Board of Director terminates employment with the Stanislaus County Sheriff’s Department, either by resignation, leave of absence as determined by the Board of Directors, retirement, resignation or by termination notwithstanding any appeals or legal challenges to the termination are pending before any administrative or judicial body.

A Board position shall be deemed vacated when the Officer or Board of Director misses two or more consecutive Board of Directors meetings and/or two or more consecutive general membership meetings without a reason acceptable to the Board of Directors. In addition, an office shall be deemed vacated when the board member misses fifty percent (50%) or more of the Board of Directors meetings in a calendar year without a reason acceptable to the Board of Directors. The Secretary or Recording Secretary shall keep the attendance records and advise the Board of Directors when a board member or officer appears in default. The Board of Directors shall review the default record at the next regular meeting to determine if the board position should be deemed vacated. The Board of Director shall have the right to the appeal process as described in Article IX.

An office shall be deemed vacant when the elected officer is no longer a member of the bargaining unit, or ineligible to hold office, either through advancement to management ranks, or cancellation of membership in the Association.

Members of the bargaining unit that are entitled to vote may initiate a recall of any elective or appointive officer or director by submitting, in writing, a petition signed by not less than thirty-three percent (33%) of the members of the Association.  The petition shall be submitted to the Board of Directors which will minimally include: the name of the Director or Officer, position, term of office, and the reason for recall. Once the petition has been deemed valid, the Board of Directors shall within thirty (30) days, prepare a vote to all voting members in accordance with the bylaws. The vote shall contain the name of the officer who is being subject to recall, the office held, and the question;  “Shall the above-named officer be recalled? Yes/No ." The recall shall fail unless a majority vote of all Active members carried on the roster of the bargaining unit vote in the affirmative.

When a vacancy occurs, excluding the office of President, the vacancy will be filled by appointment by the President. Subject to the conditions set forth in Article X, Section 3. The newly appointed Officer or Director shall be seated as the first order of business at the next meeting of the Board of Directors to fill out the remainder of the term of the position appointed to.

If the office of the President is vacated, the office shall be filled by the Vice President. If the Vice President declines to serve in that capacity, the Board of Directors, with a 2/3 (two thirds) vote, will appoint a member of the current Board of Directors to serve as the President for the remainder of the Presidential term.

This is a membership organization having but one class of membership for purposes of voting and the transaction of corporation business. Each active member has equal voting rights.

The Election Committee shall consist of members of the Board of Directors that are not candidates for any Officer or Board of Director position. The Election Committee shall be responsible for administering the election process that ensures a fair election and accurate tabulation of all votes. All elections of Executive Officers and the Directors at Large (Board of Directors) shall take place within the month of November in the year their term expires.

The Board of Directors and Election Committee may use a mail ballot system if it is deemed necessary. The Election Committee shall cause to be mailed out to each voting member a ballot at least fifteen (15) days prior to the election deadline. The Association member database shall be utilized for purposes of developing a mailing list for the election.

The Board of Directors and election committee shall make every effort to use an online voting system that ensures a fair election and accurate tabulation of all votes.

Officers will be elected annually pursuant to Article VIII, Section 1 of these bylaws and in conformance with the following procedures:

All directors and officers of this Association shall assume the duties of their elected office on the first day of the month of January and serve in their respective offices until their successors have been installed.

Proxy votes shall not be allowed.

Candidates for election to Officer or Director shall have the right to prepare and have publicized a campaign statement or position on the Association’s website, which shall follow all association and website rules and decorum.

From time to time, a need may arise that requires members to vote on matters other than for the election of the Board of Directors such as but not limited to amending these bylaws and ratification of labor agreements. In these instances, the process outlined in Article XI relating to mail out voting and online voting shall be followed.

From time to time, a need may arise that requires the association to poll the membership on its opinions on various topics or issues. The polls are unofficial votes cast to voice one’s opinion or choice on a topic or issue at hand.

All notices of Association meetings shall be posted on the Association’s website. Every effort shall be made to provide at least ten (10) days advance notice of every meeting. Notice of each meeting shall include time, date, and location.

General membership meetings will typically be held on the second Wednesday of every odd month at 1830, unless otherwise stated on the association website. General membership meetings are open to all active members in good standing.

Board membership meetings will typically be held on the second Wednesday of every even month at 1830, unless otherwise stated on the association website. Board meetings are only open to board members and those association members who have prior approval from the President to attend such meetings.

Special/ Emergency meetings may be called by the Board of Directors as they deem necessary. The Board of Directors shall endeavor to notify all members, by any means available, to advise the members of the time, place and purpose of the meeting.

Guests are permitted to attend general membership meetings when accompanied by an Association member, with approval of the President. No guest shall address the membership at any regular or special meetings without prior approval by the Board of Directors. The President shall limit the time and subject matter of any guest addressing the membership. Guest speakers will make their presentation prior to the Association conducting other business.

Association bylaws and Robert's Rules of Order shall govern the conduct of the Association business. In the event of a conflict, the bylaws will prevail.

Any action required or permitted to be taken by the Board of Directors may be taken without a meeting, if a minimum of nine (9) members of the Board of Directors individually or collectively consent in writing, telephonically or electronically to such action. Every effort shall be made to notify all Board of Directors. Any action taken pursuant to this section shall be ratified at the next regularly scheduled board meeting.

At least Five (5) members of the Board shall constitute a quorum for the board of directors. A vote of the majority of the directors present is necessary to conduct the business of the Association except to adjourn.

The Board of Directors may meet in executive session according to Robert’s Rules of Order.

The President, subject to the approval of the Board of Directors, may establish such Committees as the President deems appropriate. Committees may include but not limited to:

Committees shall consist of a Chairperson, to be appointed by the President, and ratified by the Board of Directors. At least two other members will be appointed by the President. The President, or the Vice President at the direction of the President, shall serve as an ex-officio member of each committee.

The general purpose of the PAC is to support and further the goals and policies of the Association by supporting candidates endorsed by the Association. Candidates endorsed by the association help promote the welfare of our members and to encourage the improvement of benefits, compensation, working conditions and retirement status of our members.

The Board of Directors shall, upon written request signed by a member of the Association, review a grievance that the member may have against the Stanislaus County Sheriff’s Department or Stanislaus County, any of its employees, agents or representatives. The review will be conducted for purposes of providing financial or other support to the member for advancement of the grievance through the grievance procedure as outlined in the Memorandum of Understanding or collective bargaining agreement between the Association and Stanislaus County. Similarly, the Board of Directors shall, upon written request signed by a member of the Association, review a request for support of disciplinary arbitration. The review will be conducted for purposes of providing financial or other support to the member at arbitration.

The Board of Directors may authorize travel and related expenses by Association members for purposes relating to the business of the Association. Officers may not receive any form of compensation for services rendered but may seek reimbursement for proper expenses as incurred and authorized by these Bylaws and/or the members or Board. Officers seeking approved reimbursement shall submit copies of all receipts to the Treasurer within 30 days after which expenses occurred.

Disbursement of Association Funds: Disbursement of Associations funds may be made upon a majority vote of the Board of Directors. Association checks may be issued for the disbursement of Association funds only when signed by (2) designated members of the Executive Committee. Disbursements made for regular and recurring payments to venders providing goods and services to the Board of Directors and or Membership require only one authorized signature. Proposed disbursement of Association funds in excess of five thousand dollars ($5,000) excluding reoccurring payments to vendors (i.e.: Insurance payments, PORAC, or association fees) shall be brought before the membership for approval pursuant to these bylaws. A message will be sent to the members and an online poll will be posted for no less than one week for approving such an expenditure. A majority vote of the members voting is required to approve such a disbursement.

This Association shall not make loans for any reason.

The Association may, in addition to its accounts in various financial institutions, hold a portion of its assets in real property, real estate, and/or buildings and leases thereon, subject to the approval of the Board of Directors.

The Board of Directors is authorized to acquire other tangible or intangible property, where it has been determined that such acquisition would benefit the Association.

Upon the dissolution of this Association, any unexpended or uncommitted assets and funds of the Association shall be distributed to any non-profit charitable organization for charitable purposes at the sole discretion of the Board of Directors.