PREAMBLE The objects and aims of the Atlanta Professional Fire Fighters, IAFF Local 134 shall be the development of a higher degree of skill and efficiency, the maintenance of discipline, careful observance of the rules and regulations of the Fire Department, the cultivation of a closer degree of friendship and fellowship among its members in order to secure for individuals, and to obtain proper remuneration for services rendered. It shall be the policy not to take active part in any strike as its position is different from all other organized bodies, it being the duty of all members to protect the life and property of all citizens at all times. This organization shall be nonpartisan and nonsectarian and the political affiliation and religious beliefs of all shall be respected, and no discussion advocating or attacking race, color, age, sex, genetics, sexual orientation, creed, doctrine, or form of worship peculiar to any sect shall be permitted at any meeting of this organization. ARTICLE I. NAME SECTION 1
This organization shall be known as the ATLANTA PROFESSIONAL FIREFIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 134.
Reference in this Constitution and By-laws to “Local” shall refer to the Local as set forth in Article 1, Section1, and reference to “Association” or “International” shall refer to the International Association of Fire Fighters.
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 and the Interpretations rendered by the International President, the resolutions adopted, and policies established by the delegates at conventions. Article 13 of the Constitution and By-Laws of the International is recognized as providing the basic rules governing this Local.
ARTICLE II. JURISDICTION SECTION 1
The Jurisdiction of the Local shall be as follows: all employees of the Atlanta Fire Department shall be eligible for active membership.
ARTICLE III. MEMBERSHIP SECTION 1
Active: Any person of good moral character who at the time of making application is engaged in service within the jurisdiction of this Local, as given in Article II, Section 1, shall be eligible for active membership.
Failure to receive permanent appointment as a member of the Atlanta Fire Department disqualifies a member from continuing as an active member of this local.
The initiation fee of the Local shall be the amount established by the International. All applications shall be accompanied by the initiation fee.
The dues of the Local shall not exceed a maximum of 1.5% of a top pay fire fighter per pay period. Dues will automatically increase in each year that the International per caps increase to match the amount of the International increase. Annual dues may never increase by more than 5% per year. Any changes in the dues structure must follow the procedure set by Article X, Section 3 of this Constitution.
For meritorious services to the Local, or for distinguished public service, persons may be elected to honorary membership by majority vote of the membership. Such membership shall entail no payment of fees, dues, or assessments, and shall convey no vote on affairs of the Local.
Assessments: See Article 13, Section 4, IAFF Constitution and By-Laws.
Membership in this Local includes any person who has not voluntarily withdrawn, become ineligible for continued membership, or has been suspended or expelled as provided in the constitution and by-laws of either the International or this Local.
Separation: A member that is an officer of the International, elected or appointed as a representative of an affiliated labor organization, shall retain their active membership in this Local.
Members who fail to pay dues by the 15th day following the month such dues are payable shall be notified by the Secretary-Treasurer by letter that they are delinquent and will be automatically suspended and lose their good standing if payment is not made within sixty (60) days following such written notification. Members who are delinquent or under suspension are not entitled to any voice and vote in the Local or in the affairs of the International.
Article IV. officers Section 1
The officers of this Local shall consist of President, Vice-President, Secretary-Treasurer, two Trustees, and seven Field Representatives.
The offices of President, Vice-President, Secretary-Treasurer, and Trustee shall be elected at large by the full membership of this Local.
The Board of Directors shall appoint the Field Representatives for a term of one year.
The term of the office for President, Vice-President, Secretary-Treasurer, and Trustee shall be two years.
The term of office for President and First Trustee shall run 1 January 1994 through 31 December 1995. The President and First Trustee are then to be elected for two year terms every two years thereafter.
The term of office for Vice-President, Secretary-Treasurer, and Second Trustee shall begin 1 January 1995 and run through 31 December 1996. The Vice President, Secretary-Treasurer, and Second Trustee are then to be elected for two year terms every two years thereafter.
Article V. election Section 1
Candidates desiring to run for the office of President, Vice-President, Secretary-Treasurer, and Trustee shall file their intent to do so during the filing period held five (5) days prior to the regular monthly meeting held in November of each year.
The filing period for the office of President, Vice-President, Secretary-Treasurer, and Trustee shall be administered by the election committee at the APFF Local 134 Union Office. This filing process will begin five (5) days prior to the regular monthly meeting held in November of each year. This filing process will be open from 0900 hours to 1300 hours each day for five (5) days. No one will be allowed to file their intent to run for any office after 1300 hours on the fifth day.
Any member of this Local who has been a member in good standing for the previous twelve (12) months from the first date of the filing period shall be eligible to run for the office of President, Vice-President, Secretary-Treasurer, and Trustee.
Any member of this Local who has been a member in good standing for three (3) months shall be eligible to serve as a Field Representative.
No member will be allowed to file their intent to run for more than one office at a time.
All members filing their intent to run for office shall receive a copy of the latest membership roster, to be used by the candidate in their campaign. Each candidate shall be responsible for distribution of campaign literature at the expense of the candidate.
No funds received by this Local shall be contributed or applied to promote the candidacy of any person seeking election to any office of this Local.
Voting for all elected offices shall be by a mail out ballot. There shall be no voting by proxy in any election or any issue voted on by the membership. Write-in voting shall not be permitted.
The mail out ballot shall consist of the following: 1) The official ballot; 2) An envelope marked “Official Ballot;” 3) An envelope addressed to the APFF with an area in the lower left hand corner requiring the signature; 4) An envelope addressed to the member.
A separate post office box shall be obtained to be utilized for the mail out voting. This post office box shall only be used during the mail out voting process.
The President shall appoint, with approval of the Board of Directors, a five (5) member election committee. This election committee shall be responsible for mailing and tabulation of the ballots. The election committee shall be entitled to receive per diem.
For the office of President, Vice-President, Secretary-Treasurer, and Trustee the ballots shall be mailed to the members at least fourteen (14) days prior to the regular monthly meeting held in December of each year.
For the office of President, Vice-President, Secretary-Treasurer, and Trustee the tabulation of the ballots shall begin after the final US Mail drop the day before the regular monthly meeting held in December of each year. Only those ballots n the post office box at the final US Mail drop on the day of tabulation will be counted. All ballots received after the final US Mail drop will be marked “void” by the election committee.
For the office of President, Vice-President, and Secretary-Treasurer, if three (3) or more members seek the same office and any one member does not receive a majority of the votes cast, then run-off election will be held to elect one of the two members who received the most votes in the previous election.
In the event of a run-off election, the ballots shall be mailed at least fourteen (14) days prior to the next scheduled regular monthly meeting. The ballots shall be tabulated at 1600 hours on the day before the aforementioned regular monthly meeting. The results of the voting process shall be given by the election committee at the aforementioned regular monthly meeting.
If only one member has filed their intention to run for any given office, that member shall be declared elected.
Vacancies occurring from any cause in the office of President, Vice-President, Secretary-Treasurer, and Trustee shall be filled by a special election. A special election shall be held to fill the remainder of the term being vacated.
In the event of a special election, the voting procedures used shall be consistent with the terms outlined in the Atlanta Professional Fire Fighters Procedural Manual. (Procedural Manual).
The office of Trustee shall be elected based on simple plurality. The candidate receiving the most votes is to be declared elected to the office of Trustee.
Elected officers to the office of President, Vice-President, Secretary-Treasurer, and Trustee shall be installed at the regular monthly meeting held in January of each year.
Field Representatives shall serve for a period of one year and be installed at the regular monthly meeting held in March.
The presiding officer shall administer the oath of office to incoming officers. Elected officer shall take the oath of office as outlined in the International Association of Fire Fighters manual of common procedures.
All members shall be given written notice of the offices open for election, the qualifications, and requirements for each office at least fourteen (14) days prior to the first day of the filing period for each office.
Each candidate for office shall be permitted to appoint one observer who shall be permitted to witness the manner of distribution and tabulation of the ballots. Candidate observers shall not be entitled to receive per diem.
The ballots and all other records of an election of officers shall be preserved by the Secretary-Treasurer for a period set forth by the International.
article vi. Duties of officers section 1
The office of the President: The President shall discharge on behalf of the Local such duties imposed by applicable law including the execution and filing of any reports to Federal or State authorities, and shall cause to be maintained by the Local such records as the law requires to be kept in support of reports filed by it. The President shall preside at all meetings. The President shall enforce order and strict observance of the Constitution and By-Laws. The President shall establish a work schedule with the principal officers ensuring the Union Office is staffed Monday thru Friday. The President shall be required to staff the Union office at lest two days a week. This officer shall sign, along with the Secretary-Treasurer, all contracts of the Union, and all checks drawn against Union funds. With the approval of the board of Directors, the President shall appoint all committees and delegates to state and local affiliations not otherwise provided for. The salary of the President shall be thirty percent (30%) of a top grade fire fighters salary to be paid monthly plus expenses approved by the Board of Directors. By virtue of election, the President is a delegate of this Local to all conventions attended by this Local.
The office of the Vice-President: It shall be the duty of the Vice-President to assist the President in the discharge of the duties of that office, and in the absence of the President shall perform the duties of said office. The Vice- President shall be required to staff the Union office at least one day a week. A salary of twenty percent (20%) of a top grade fire fighters pay is to be paid monthly plus expenses approved by the Board of Directors. The Vice-President shall be required to attend all monthly meetings and Board of Directors meetings.
The office of the Secretary-Treasurer shall discharge on behalf of the Local such duties as may be imposed by any applicable law including the execution and filing of any reports to Federal or State authorities, and forwarding the annual audit of the Local such records as the law requires to be kept in support of reports filed. This office shall forward the annual audit of the Local to the International not later than the first of June annually. The Secretary-Treasurer shall be bonded in compliance with applicable law. It shall be the duty of this officer to keep the correct account between this Union and its members. This officer shall sign all checks countersigned by the President. This officer shall collect all dues, assessments, fines and announce receipts at each meeting. This officer shall have a list of names of all members attending regular monthly meetings of this Union, such records to extend over a preceding period of at least twelve (12) months.
This officer shall announce the receipts and disbursements at each meeting. This officer shall deposit all money received, make financial statements monthly, and pay bills ordered by the Union, when presented with a warrant signed by the President. At the expiration of the official term, this officer shall turn over to the successor all money and property of the Union the former officer may hold. All funds shall be deposited in the bank in the name of the Union. The Secretary- Treasurer shall take charge of all books, papers, and effects. This officer shall keep a correct record of all proceedings and disbursements, and a record of all amendments to this constitution and By-Laws. This officer shall keep a correct record of the minutes of this Union.
This officer shall conduct all correspondence pertaining to the office, and perform such other duties as the Union may from time to time designate. The Secretary- Treasurer may sign correspondence without the counter-signature of the President. This officer shall turn over the books to the Audit Committee for their audit and approval when called upon to do so. This officer shall be required to attend all monthly meetings and Board of directors meetings. This officer shall receive a salary of twenty percent (20%) of a top grade fire fighter's salary paid monthly plus expenses approved by the Board of Directors. This officer shall be, by virtue of election, a delegate to all conventions attended by this Local.
The office of Trustee: The two Trustee's along with the President, Vice-President, and Secretary-Treasurer comprise the Board of Directors of this Local. The Trustees shall be required to attend all monthly meetings and Board of Directors meetings. These officers shall be required to staff the Union office at least one day a month. The Trustees shall receive a salary of five percent (5%) that of a top grade fire fighter's salary paid monthly plus expenses approved by the Board of directors.
SECTION 5 Duties of the Board of Directors: the Board of directors shall have general charge of all affairs of the Union, see that the Constitution and By-Laws of the Union are enforced, manage the finances, see that the investments and all other property of the Union are placed and held in proper custody, to promote the well being of the Union. The Board of Directors shall see that the books are audited every year and retain the books in their possession until they are turned over the newly installed Secretary-Treasurer at the first meeting of the Local in the New Year. They shall be responsible for ensuring that an audit is completed for the checking account, saving account, and all other accounts. The Board of Directors shall meet at least once a month.
The functions and duties of the Field Representatives shall be determined by the Board of Directors.
ARTICLE Vii. COMMITTEES AND DELEGATES SECTION 1
The president shall have the power to appoint committees, but shall call for volunteers first, subject to the approval of the members attending the meeting that they are appointed. The members of the committee shall elect the chair.
Delegates to Conventions: The President and Secretary-Treasurer of this Local by virtue of their election are delegates to all conventions attended by this Local. All other delegates or alternates to conventions are to be elected by secret ballot by the Local in the Union Hall during the regular monthly meeting.
Eligibility: A member in good standing may be eligible for nomination as a delegate to conventions, schools, and committee seminars.
Method of election: Election of delegates shall take place in the Local meeting hall. The Secretary-Treasurer shall provide a ballot and check each member as they receive their ballot. Election shall be by plurality vote of the member at that particular monthly meeting.
Delegates to all conventions shall make a report upon return to the Local in writing. Delegates will attend conventions non-instructed unless otherwise directed by the membership. All outstanding reports will be asked for at each monthly meeting.
Expenses of Delegates and Committees: Each delegate and committee shall receive a necessary amount to be determined by the membership or President pursuant to the locality of the convention. Each delegate or committee will submit an expense account with receipts to the Secretary-Treasurer of the Local.
Legislative Committee: Two (2) members in good standing will be nominated at the September meeting to represent the Local at the Legislature. These members will be voted on at the October meeting and installed at the January meeting. The President and Secretary-Treasurer will be exempt from being on the Legislative Committee because of the workload of their offices.
ARTICLE VIII. MEETINGS SECTION 1
Regular monthly meetings of the Local shall be held at 1900 hours on the second Tuesday of each month. There shall be no change in the meeting except where a holiday might interfere, and the meeting may then be reset in the same month at the discretion of the President.
Seven (7) members shall constitute a quorum at any regular or special meeting,
A special meeting of the Local shall be called upon request of seven (7) members in good standing being submitted to the President. The request must be in writing and shall clearly state the purpose for which the meeting is called and no other business shall be transacted on this occasion. When a special meeting is called for each shift to discuss and vote on the issues of the Local, a two-thirds (2/3) majority of the valid votes cast shall prevail on the issues discussed and voted on. Seven (7) days notice in writing must be given to the membership prior to any special meetings.
Referendum: All issues vital to the membership shall be decided by a referendum vote. The vitality of any such issue shall be determined by a vote. Balloting will be conducted by the standing election committee. Balloting will be preceded by an explanatory letter to each station and sub-division in order that as many members as possible will be informed. A two-thirds (2/3) majority of the valid votes cast is needed for a referendum vote.
Rights of Members: Every member in good standing shall have the right to attend any meeting and to participate in such meetings in accordance with recognized rules set forth in the "Atwood Rules." Members shall conduct themselves in such a manner as not to interfere with the legal or contractual obligations of the International or of this Local.
ARTICLE IX. REINSTATEMENT, MISCONDUCT, TRIALS AND APPEALS SECTION 1
Reinstatement: Any former member who has resigned or been terminated may be reinstated by payment to the Secretary-Treasurer the amount of $15.00 plus $5.00 initiation fees. This section excludes those members who might be called into military service.
Any member charged with misconduct as defined in Article 15 of the International Constitution and By-Laws shall be served with written specific charges as required by Article 16 of the International Constitution and be given a reasonable time to prepare his defense and afforded a hearing as provided in Article 17 of the International Constitution.
Appeals may be made in accordance with Article 18 of the International Constitution. Such appeal must be filed with the President of the International within thirty (30) days of the action to be appealed.
In the event that any member of this Local files a grievance, that shall notify the Officers of this Union within three (3) days after filing said grievance.
ARTICLE X. TO AMMEND THE CONSTITUTION AND BY-LAWS SECTION I
A proposed amendment to this Constitution and By-Laws made under its provisions shall be submitted for approval to the President of the international before its printing or issuance, after first being approved by the membership.
Any motion to amend or change this Constitution and By-Laws which was not approved at a regular monthly meeting cannot again be brought before the Local for one year.
Increase in rates of initiation fees, reinstatement fees, dues, or assessments require written notice of such proposed increase to be given to the members in good standing at least thirty (30) days in advance of the date set for a vote. On the date set, the proposed increase shall be voted on in the following manner: by a vote of the members in good standing, in a referendum conducted by secret ballot, requiring a majority of the valid ballots cast to vote in favor of the proposed rate increase to be implemented. This provision is NOT applicable to the automatic increases that occur when the International per caps increase.
This Constitution and By-Laws under its provisions may be amended by a two- thirds (2/3) majority vote of the valid votes cast, provided each member in good standing is notified in writing of the proposed amendment at least fifteen (15) days in advance of the date that the vote will be taken.
ARTICLE Xi. DUTIES OF ADMINISTERING THE UNION FUNDS AND ANNUAL AUDIT
The Board of Directors shall be responsible for ensuring that all Union books are audited annually.
The Secretary-Treasurer may deposit Union funds in any bank or federal savings and loan association necessary with the approval of the members present at a regular monthly meeting.
Union funds of the Local may be invested in real estate, stocks, or bonds if approval is given by majority vote, by secret ballot, at a regular or special meeting provided all members in good standing were given fifteen (15) days notice in writing in advance of the meeting at which the vote will be taken.
ARTICLE Xii. GOVERNING AUTHORITY SECTION 1
In the absence of other authority, the Local deliberations shall be governed by the "ATWOOD'S RULES FOR MEETINGS."