Article 1 – Name and Objectives

This Association will be known as the Baldwin Park Police Association (BPPA).

Objectives

The objectives of this Association are to unite all persons within its jurisdiction for their economic and professional advancement. It is the goal this Association to secure for all members adequate compensation for the performance of their professional duties and to improve conditions of employment through collective labor activities, and to promote, foster and encourage the continuous close relationship between this Association and its community through community service projects.

Principles

This Association is founded on the principle that police employees, united in mutual interest and working together in a spirit of cooperation may, by the exercise of their constitutional freedoms, best promote their own welfare.

Offices

The principal office of this Association will be located in the City of Baldwin Park , County of Los Angeles , State of California . This Association may however, have offices either within the County of Los Angeles, State of California, or at any other location the Board of Directors may determine is necessary to conduct the business of the Association.

 

Article 2 – Membership

  1. The Association will have three classes of members, with no limitation on the number of members of any class.

  2. Active Members

    3. Any full time employee of the police department if a sworn officer holding the rank of sergeant or below or any non-sworn employee, not classified as a supervisor at mid-management level will be eligible as an active voting member.

  3. Associate Member

    4. Reserve Police Officers of the Baldwin Park Police Department will be eligible to become Associate Members. Also eligible to be Associate Members will be any other classification associated with the Baldwin Park Police Department whom the Association's general memberships deem eligible. Associate Members will not be eligible to vote on Association matters, or attend general membership meetings, but will be eligible for legal defense fund, and health insurance, coverage.

  4. Honorary Members

    5. Any member of the Association honorably retired will, at the retired member's request, be an honorary member of the Association able to attend general membership meetings, and Association social functions. Honorary members will not be eligible to vote.

  5. Admission

    6. Application for membership will be in writing to either the Secretary of Treasurer of the Association. In the case of active members, it will be the duty of the Secretary or Treasurer to screen the eligibility of the employee and to complete all necessary paperwork and submit it to the City Personnel Office in a timely fashion.

    In cases of associate members, it will be the duty of either the Treasurer or Secretary to present the application to the next Board of Directors meeting. An affirmative vote of two-thirds (2/3) of the Directors will be required for the proposal of Associate membership to be brought forward to the next general membership meeting where a simple majority of those in attendance will vote to accept or deny the request. If the application is accepted, the Treasurer or Secretary will forward the necessary paperwork to the City Personnel Office in a timely fashion.

    In the case of Honorary membership it will be the duty of any Board member to present the application to the complete Board of Directors at the next Board of Directors meeting with a simple majority voting to affirm or deny the membership.

  6. Suspension of expulsion of members

    7. Any member who commits an act or acts which bring upon this Association and/or upon its member(s) any public condemnation and scorn, or is found guilty of a felony, may, upon conviction, be expelled from this Association.

    Any member of the Board of Directors may be recalled or removed from office for willful neglect in the performance of their duty in relation to this Association or for the commission of any act inimical to the welfare of this Association or its members.

    Provided, however, that whenever such member of the Board of Directors or member is to be removed or expelled, they will be served with a copy of the charges forming the bases of their contemplated removal or expulsion. Such charges must be set forth in clear and concise language, signed by the President upon the direction of the majority of the Board of Directors. However, if the officer against whom the charges are pending is the President, then such charges may be signed by the Secretary or any other officer directed to do so by the Board of Directors.

    The Board of Directors of this Association will constitute the hearing Board in cases involving the removal or expulsion of a member(s) of the Board of Directors and said Board will also be the hearing Board on charges against an individual member(s). A member of the Board of Directors or member may, within ten (10) days following the service of charges, enter any argument or affidavit on their behalf. The Board of Directors will conduct a fair and impartial hearing which will be open to all members of this Association, but only in the capacity of observers. The accused member will be allowed to make an explanation and introduce witnesses before the hearing Board. In order that a verdict will be conclusive, three-quarters (¾) of the full Board will be in attendance and a three-quarter (¾) vote by secret ballot of those in attendance will be necessary to legally remove or expel a member of the Board of Directors or a member found guilty of an offense set forth in Article II, Section (F) Items number (1) and (2) of these by-laws. If the member considered for expulsion is a member of the Board of Directors, that member shall not vote upon his or her expulsion and will not count toward the ¾ of the full Board which must be in attendance.

    In any case where a recall election of a member of the Board of Directors of this Association is demanded by a petition signed by twenty-five (25%) of the total members submitted to the Secretary or President, the Board of Directors will immediately thereafter designate the date for commencing and concluding such election. The election will be concluded within sixty (60) days after the petition has been submitted to the Secretary or President. The Board will submit the charges contained therein to the membership for a vote. The recall election will run for no fewer than seven (7) nor more than twelve (12) calendar days. If a simple majority of the membership voting thereon will vote for such removal, the Board of Directors will declare that office vacant. A Board member considered for recall shall not vote upon his or her recall and will not count toward the ¾ of the full Board which must be in attendance.

    In any case where a recall election is submitted to the membership for a vote, and accused member of the Board of Directors of this Association will have the right to submit to the membership his or her written answer prior to the recall election. The answer may not contain more than five hundred (500) words.

    A member may be suspended based on the good faith determination by the Board that the member has failed in a material and serious degree to observe the Association's rules of conduct, or has engaged in conduct materially and seriously prejudicial to the purposes and interests of the Association. A member who is suspended is entitled to the hearing procedures specified in paragraph 4 above. A person whose membership is suspended shall not be a member during the period of suspension except for purposes of any vested rights such as benefits provided by the Legal Defense Fund.

  7. Resignation

    8. Any member of the Association may resign from the Association by filing a written resignation to the City Personnel Office with a copy to the Association Treasurer and Secretary. Such resignation will not relieve that member of the obligation to the Association any moneys due prior to the resignation.

  8. Termination of Membership

    9. Membership will terminate on death or resignation of a member, or on his or her expulsion by the Board of Directors of the membership.

Article 3 – Dues

  1. Payment of Dues

    2. Dues will be payable through payroll deduction.

  2. The Board of Directors

    3. will determine, through accepted fiscal fiduciary practice, if the financial account(s) of the Association will fall below safe operation limits and will institute a dues increase after notifying the general membership of the need. If the increase in excess of 5% in any one fiscal year, the increase must be approved by a majority of the active and honorary members.

Article 4 – Meetings

  1. General Association Meetings

    2. A general Association meeting will be held in the month of October of each year for the purpose of discussing the election of Association Officers, amendments to the by-laws and any other business as required. The President will cause a notice of the annual meeting, specifying the time, date, location and items to be discussed and voted on, to be posted on the Association Bulletin Board, members' mail boxes and throughout the Department as required to ensure maximum reading exposure, not less than ten (10) days nor more than ninety (90) days prior to the meeting date.

  2. Special Meetings

    3. Special meetings of the Association may be called by the President, the majority of the Board or upon the written request of not less than one tenth ( 1/10) of the voting membership. A special meeting called by any person (other than the Board) entitled to call a meeting shall be called by written request, signed by those requesting the meeting, specifying the general nature of the business proposed to be transacted, and submitted to the President or Vice-President or the Secretary. The officer receiving the request shall cause notice to be given promptly to the members entitled to vote, in accordance with Article 4, Section A (see below) of these by-laws, stating that a meeting will be held at a specified time and date fixed by the Board, provided that the meeting date shall be at least 35 but no more than 90 days after the receipt of the request. If the notice is not given within 20 days after receipt of the request, the person or persons requesting the meeting may give the notice. Nothing in this section shall be construed as limiting, fixing or affecting the time at which a meeting of members may be held when the meeting is called by the Board.

  3. Proper business of special meeting

    4. No business, other than the business the general nature of which was set forth in the notice of the meeting, may be transacted at a special meeting.

  4. General Notice Requirements

    5. Whenever members are required or permitted to take any action at a meeting, written notice of the meeting shall be given, in accordance with Section A to each member entitled to vote at that meeting. The notice shall specify the place, date, and hour of the meeting and, (1) for a special meeting. The general nature of the business to be transacted, and no other business may be transacted, or (2) for the annual meeting, those matters that the Board, at the time notice is given, intends to present for action by the members, but any proper matter may be presented at the meeting. The notice of any meeting at which Directors are to be elected shall include the names of all persons who are nominees when notice is given.

  5. Notice of Certain Agenda Items

    6. Approval by the members of any of the following proposals, other than by unanimous approval by those entitled to vote, is valid only if the notice or written waiver of notice states the general nature of the proposal or proposals:

    • Removing a Director without cause;
    • Filling vacancies on the Board;
    • Amending the Articles of Incorporation;
    • Approving a contract or transaction between the Association and one or more directors, or between the Association and any entity in which a director has a material financial interest;
    • Electing to wind up and dissolve the Association; or
    • Approving a plan of distribution of assets, other than money, not in accordance with liquidation rights of any class or classes as specified in the articles or by-laws, when the Association is in the process of winding up.

Article 5 – Voting

Votes on MOU ratification, selection of Directors or by-laws revisions will be conducted by written ballot, with all members afforded an opportunity to participate. For approval of MOU ratification, selection of Directors or revisions of these by-laws, a quorum shall be 50 percent of the voting power and approval must be by a majority of all votes entitled to be cast on the matter regardless of those actually voting. Other matters being voted on will be approved by a simple majority of members voting at a general meeting of the members of the Association, unless provided for elsewhere in these by-laws. All written ballots will be maintained by the Secretary for a minimum of 90 days and will be made available to Association members.
Percentage required: 40 percent of the voting power shall constitute a quorum for the transaction of business at any meeting of members.

Manner of casting votes: Voting may be by voice or ballot, except that votes on MOU ratification, selection of Directors or by-laws revisions will be conducted by written ballot with all members afforded an opportunity to participate.

Voting: Each member entitled to vote shall be entitled to cast one vote on each matter submitted to a vote of the members.

Approval by majority vote: If a quorum is present, the affirmative vote of the majority of the voting power represented at the meeting, entitled to vote and voting on any matter, shall be the act of the members, unless the vote of a greater number or voting by classes is required by the California Nonprofit Mutual Benefit Corporation Law or by the Articles of Incorporation or by these by-laws.

Election Procedures

Election procedures shall be determined by resolution of the Board. Any election procedure resolution passed by the Board shall remain in effect until superseded by a new resolution. The resolution shall provide for the nomination of candidates, the type of ballots used, the distribution and collection of ballots, the appointment of one or three inspectors of election who may act to determine various matters including the results and shall do such acts as may be proper to conduct the election or vote with fairness to all members, and the announcement of the results of the election. Election inspectors, if determined by the Board to be necessary, shall be chosen in accordance with Section 7614 of the Corporations Code.

Votes after a Meeting

If the Board anticipates that a vote will take place at the conclusion of an Association meeting, then an announcement of the vote shall accompany the proper announcement of the meeting as required in Article 4, above.

Article 6 – Board of Directors

•General Powers
The affairs of the Association will be managed by its Board of Directors.

•Number, Tenure and Qualifications
The Board of Directors will consist of a President, Vice-President, Secretary, Treasurer, Staff Representative, Sworn Representative and Non-Sworn Representative, who are elected by the general membership of the Association in November of each year and who take office in January of the following year. Board members will be Active Members or Honorary Members of the Association.

•  Regular Meetings
The President will schedule meetings of the Board as is necessary to conduct the business of the Association, but not less than one (1) per quarter.

•  Special Meetings

Special meetings of the Board may be called at the request of the President or any two (2) Board members.

•  Quorum

A majority of the Board will constitute a quorum for the transaction of business at any meeting of the Board. Absent Board members may vote on any item discussed at a meeting by submitting their written proxy vote to the President or any Board member in advance of the meeting.

•  Manner of Action

The act of a majority of the directors present at a meeting at which a quorum is present will be the act of the Board of Directors, unless the act of a greater number is required by law or by these by-laws.

•  Vacancies

Any vacancy occurring during the term of a Board of directors will be filled by the remaining Board members unless the Board of Directors feels it is in the best interests of the Board of Directors and the Association, they may appoint an Active or Honorary member to fill the vacant position by a two-third (2/3) vote of the Board of Directors. If a member of the Board of Directors should absent himself/herself from three (3) successive meetings without an acceptable excuse, the office will be declared vacant. This vacancy will be subject to the grievance procedure outlined in Article 2, Section F.

•  Board of Directors/Officers

•  President – The President will be the principle executive officer of the Association and will supervise and control all of the business and affairs of the Association. The president will preside at all meetings of the members and the Board of Directors. He may sign, with the Secretary or any other proper officer of the Association, contracts or other instruments that the Board has authorized to be executed, except in cases where the signing and execution thereof will be expressly delegated by the Board or by these by-laws or by statute to some other officer or agent of the Association. He will prepare or cause to be prepared an annual Association budget to be presented to the Board for approval, prior to January of each year.

•  Vice-President – In the absence of the President, or in the event of the President's inability or refusal to act, the Vice-President will perform the duties of the President, and when so acting, will have all the powers of, and be subject to, all restrictions upon the President. The Vice-President will perform other duties as may be assigned by the President or the Board.

•  Treasurer – The Treasurer will have charge and custody for all funds and securities of the Association; receive and give receipts for moneys due in the name of the Association from any source whatsoever, and deposit all such moneys in the name of the Association in such banks, trust companies or other depositories as will be selected by the Board. The Treasurer will also be charged with the responsibility of having an annual financial statement prepared showing the assets and liabilities of the Association. The Treasurer will also have the responsibility for preparing or having prepared the Federal and State tax statements of the Association. The Treasurer may also be assigned additional tasks from time to time by the President or the Board.

•  Secretary – the Secretary will keep the minutes of the meeting of the members and of the Board of directors; see that all notices are duly given in accordance with these by-laws or as required by law and be the keeper of the Association records and files. The Secretary may also be assigned other duties from time to time by the President or the Board.

•  Officer Elections

All Directors will be elected by the general membership of the Association. The Directors elected as Sworn, Non-Sworn and Staff Representatives will be responsible for communicating the special needs and concerns of their respective membership groups to the entire Board of Directors.

Article 7 – Committees

The Association may have several committees as needed, some of these (but not necessarily all) are: by-laws, Social, Negotiation, Political Action, and Ways and Means. The committees, except as noted in these by-laws, will be chaired by an Association member appointed by the President or Board of Directors and this Chairperson may select as many volunteers as necessary to carry out the duties of the committee.

 

It will be the responsibility of the individual member of Committee Chairman to report back to the Board of Directors within a reasonable period of time with results of the committee findings.

 

•  By-Law Committee

Responsible for any additions, updates and/or revisions to the Association by-laws.

•  Social Committee

This committee will be charged with the setup, planning and coordination of all Association social Events.

•  Negotiation Committee

This committee will be responsible for obtaining from the general membership ideas and ways to improve the monetary and working conditions of the Association as it relates to the Meet and Confer process held with representatives of the City of Baldwin Park . The committee will reduce this information to a written legal document to be submitted to the representatives of the City of Baldwin Park prior to the Meet and Confer process.

•  Political Action Committee

The Political Action Committee (PAC) should comprise the President (or the Vice-President in his absence) acting as the Chairperson of the committee and as many Association volunteers as necessary to carry out the duties of this committee.

•  PAC Duties

The function of the PAC will be to consider requests for endorsement and financial support by candidates for political office, or sponsors of legislation or other matters of interest to the Association membership. The PAC will research the issues, interview the candidates and make a non-binding recommendation to the Board of Directors. The Board will have the authority to make the final determination on support or non-support of the candidate(s) or issue(s) with the exception of candidates for Baldwin Park City Council with regards to Baldwin Park City council elections, a general membership meeting will be called with the Board presenting information on all candidates and the reasons for the Board of Directors' recommendations. Association members will be afforded an opportunity to question or challenge the Board's recommendation(s) and present information of their own. The Association membership will then vote on the Council candidate issue with a two-thirds (2/3) majority required for endorsement or support.

•  Ways and Means

This committee will be charged with the raising of moneys for the Association, assistance in annual budget preparation and any other duties assigned by the President or Board of Directors.

Article 8 – Baldwin Park Police Association Memorial Fund

•  The BPPA Memorial Fund will be to provide temporary emergency financial assistance to immediate family members (spouse, dependent children only) of active or honorably retired BPPA members in the event of the member's death.

•  This assistance may be granted in the event of an on-duty or off-duty death.

•  The decision to provide assistance will be made by a majority of the Board of Directors. Assistance will be granted on a “case-by-case” basis.

•  Financial assistance will be on an “as needed” basis on the case-by-case study and will be considered a gift with no obligation by the family member and will be up to a maximum of $3,000.00.

•  Additional financial assistance will require a two-thirds (2/3) vote of the General Membership.

 

Article 9 – Membership Privileges

•  All active an honorary members of the Association are eligible to receive benefits from the Association.

•  Active and Honorably retired members may be eligible to receive a loan from the Association up to $3,000.00. The loan, requested in writing to the Board of Directors will be approved by a two-thirds (2/3) vote of the Board of Directors on a case-by-case basis. The loan will be repaid within a twelve (12) month period, commencing on the date of the loan. In order to secure the loan, the Board of Directors, acting in behalf of the Association, and the member requesting the loan, will enter into a written agreement with the member acknowledging the loan, the terms of the loan, and the repayment thereof.

 

Article 10 – Separation Benefits

When a current member or former member of the Association retires or leaves the City of Baldwin Park under honorable conditions, the Association may issue a gift to the member, or former member, under the following guidelines.

•  No formal recognition for members of for members with less that ten (10) years of service.

•  A member or former member with more than ten (10) years of service but less than fifteen (15) years of honorable service, the Association may bestow a gift or cash equivalent of up to $15.00 per year of service.

•  A member or former member with more than fifteen (15) years of service but less than twenty-one (21) years of honorable service, the Association may bestow a gift or cash equivalent of up to $20.00 per year of service.

•  A member or former member with more than twenty (20) years of service but less than twenty-five (25) years of honorable service, the Association may bestow a gift or cash equivalent of up to $25.00 per year of service.

•  A member or former member with more than twenty-five (25) years of service may receive from the Association, a gift or cash equivalent of up to $30.00 per year of service.

•  Any member or former member who retires with more that twenty (20) years of honorable service, would be eligible, with the retiree's permission, for a retirement function to recognize his service to the Association, a plaque or other suitable commemorative token of the Association's appreciation of the retiree's time of service.

Article 11 – Miscellaneous Matters

•  Books and Records
The Association will keep correct and complete books and records of account(s) and will also keep the minutes of the proceedings of its members, Board of directors and Committees having authority of the Board of directors. All books and records of the Association may be inspected by any member of his or her agent or attorney, for any proper purpose at any reasonable time.

•  Fiscal Year

The fiscal year of the Association will begin on the first day of January and end on the last day of December of each year.

•  Financial Support

The Association will accept the financial support for the community service projects that the Board of Directors feels is for the good of the Association and community. Such continued financial support will be based upon the financial status of the Association as indicated by the Treasurer. All contributors to the Association shall be notified that contributions made to the Association are not deductible as charitable contributions.

•  Amendment of the By-Laws

The by-laws of this Association may be amended, repealed or added to, or new by-laws may be adopted as described in Article 5, above.

•  Gifts

The Board of directors may accept on behalf of the Association, any contribution, gift bequest or device for the general purpose or for a special purpose of the Association.

•  Spending

The Treasurer of this Association will issue no check, spend any moneys, or make any expenditure in the excess of $500.00, except as noted in these by-laws, without notifying the Board of Directors and obtaining a majority approval of the members of the Association. In order to obtain approval, the matter must be posted properly as a special meeting held for the purpose of discussing the expenditure with the members. A vote will be made in accordance with Article 4 of these by-laws. Approval will be by a majority of the members present and voting in person, or by proxy. An exception to this by-law is made for an Association fund raising event(s). and exception is also made for necessary operation expenditures, such as payments for Legal Defense Fund, PORAC, and any necessary legal fees.

•  Insurance

Subject to spending limits above, the Board of Directors may expend Association funds, as the Board deems necessary, to insure itself and the Association against errors, omission, liability and casualty losses.

•  Petty Cash

The Treasurer may maintain $150.00 in petty cash. This petty cash will be spent at the discretion of the Board of Directors. Each expenditure will be documented by the Treasurer and maintained with the general ledger. In no case will the petty cash expenditures exceed $300.00 per year.

•  Signature Requirement

It will be required of the President and the Directors of this Association to place the signature of the President (or the Vice-President, if the President is unable to act), and another Board member on any official document which intended to be binding on the Association that is directed to any City official, representative or agent.

•  Vote of No Confidence

The President and Board of Directors of this Association will at no time issue a vote of no confidence against the Chief of Police or any other person unless that vote of no confidence is supported by a two-thirds (2/3) majority of the Association members. Should the Board of Directors feel that it is in the best interest of the Association to issue a vote of no confidence toward any person, the Board will post a notice of special meeting to occur not less than ten (10) days nor more than ninety (90) days after the posting. This posting will include the reason for the meeting and the specific reasons for a vote of no confidence. Because of the importance of such a vote, open discussion between the members regarding the issue should be encouraged. The Board, however, does have discretion regarding the manner and time of statements and speeches to be made by members and after such general meeting has occurred, the Board will cause a vote by the members to be conducted in a manner prescribed by these by-laws.

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