Constitution & ByLaws

CONSTITUTION

PREAMBLE

We, the members of the “MILWAUKEE POLICE SUPERVISORS’ ORGANIZATION” are hereby organized to provide our members with a voice in matters affecting wages, hours, or conditions of employment of such members.

ARTICLE  I

Name

1.01 The name of this organization shall be “MILWAUKEE POLICE SUPERVISORS’ ORGANIZATION” of Milwaukee, Wisconsin, or herein referred to as the Organization.

ARTICLE  II

Purpose

2.01     The purpose of this organization is to provide

  1.    A bargaining unit in matters affecting the wages, hours, and conditions of employment of our members who are of supervisory status within the Milwaukee Police Department.
  2.    A fund to defray such legal expenses as may be incurred in the process of negotiating with representatives of the City of Milwaukee, relative to adjustments in wages schedules, hours and conditions of employment.
  3.    A manner designed to further the interest and welfare of the members of the Organization, all upon approval of the Board of Directors.

2.02     This Organization shall operate under the laws of the State of Wisconsin and shall maintain its structure under such statutes and federal laws as may be applicable. It shall represent its members in all matters affecting wages, hours and conditions of employment.

2.03     It is empowered to hire such legal aid or technical advisors as deemed necessary by the Board of Directors.

ARTICLE  III

Membership

3.01     Members in the Organization shall be limited and restricted to appointed supervisory officers of the City of Milwaukee Police Department with police powers.

3.02     The Organization is an agency shop as permitted by the provisions of Section 1 11.70 of the Wisconsin Statutes. No member of the bargaining unit is required to join the Organization. However, membership in the Organization is open to all members of the bargaining unit who choose to join and comply with the constitution and by-laws of the Organization. No person will be denied membership in the Organization because of race, ethnic origin, sex or religious affiliation. All rights and benefits shall begin on the date of membership in the Organization.

3.03     Whenever members sever their connection with the Police Department or Organization by resignation or otherwise, they may not be entitled to any refund of monies paid by them to this Organization.

Except any member entering upon ordinary or duty disability may maintain membership by continued payment of regularly assessed dues, thereafter the member shall not be eligible for reinstatement. Non-payment of dues for a period of more than sixty days terminates membership. They shall not be eligible to hold office on the Board of Directors during such period of disability status.

3.04     Any member who is delinquent in payment of dues or assessments for a period of 60 days shall be suspended from membership in good standing. The Board of Directors shall reinstate such member as a member in good standing upon receipt of his or her application and payment of dues in arrears as prescribed by the Board of Directors.

ARTICLE  IV

Due and Assessments

4.01     There shall be a $100 initiation assessment for each member entering the Organization. This assessment will be in addition to the regular dues. This payment shall be made within 60 days of the member’s promotion to a supervisory position.

When a member in good standing leaves the Organization for a period of one year or more, (other than disability) that member shall pay $100 initiation assessment upon reentering the Organization.

When a member in good standing leaves the Organization for a period of less than one year, that member shall be reinstated in the Organization without paying $100 initiation assessment.

This does not preclude the payment of any special assessment as deemed necessary by the Board of Directors of the Organization.

4.02     Payment of dues or assessments in the Organization shall be through a dues deduction from the member’s biweekly paycheck.

4.03     Should it become necessary to dissolve the Organization, the Board shall convert to cash all possessions of the Organization and shall distribute all assets in equal shares to those members in good standing at the date of such dissolution. All debts of the Organization shall be satisfied prior to distribution of any balance to members.

ARTICLE  V

Election of Board of Directors and and Organization Officers

5.01     The Board of Directors shall consist of six (6) members duly elected by the voting members of the Organization.

5.02     The Board shall be six (6) members who shall as soon as practicable (during January) meet and select among themselves, an “Executive Board” consisting of the following:

1 – President

1 – Vice-President

1 – Secretary

1 – Treasurer

5.03     Members of the Board shall serve three (3) years.  Election and appointment procedures is as follows:

  1. Members eligible for nomination must have attended at least two (2) General Membership meetings during the twelve (12) months preceding their nomination. If a member is present at the General Membership meeting during which they are nominated, this meeting will count as one of the required two (2) meetings.  (Amended 03-27-07 (renumbered remaining subsections 5.03 from (2) through (12).
  2. Nominations shall be made no later than the second Monday in September at the general membership meeting. When necessary, a general membership meeting which consists of (AM) morning and (PM) evening meeting shall be considered one continuous meeting.
  3. Nominations shall be made from the floor and must receive two seconds.
  4. Those persons nominated shall be present at the general membership meeting during their nomination to either accept or decline such nomination. If the person being nominated cannot be present, a letter of their intention to accept the nomination must be presented to the Board at the line of nomination and seconds. Letters must be signed and dated,
  5. In the event that the number of individuals nominated to the board equals the number of vacant positions, there will be no need to hold an election. Said nominated individual will be deemed elected to the vacated board position.
  6. Names of nominees will be mailed to the general membership in a newsletter by the third Monday in September.
  7. Ballots will be mailed to the general membership on the last Monday in September. These ballots must be returned within 10 days of mailing.  Primary ballots will be sent out if more than double the nominees for the position occur to reduce the number of nominees to exactly double the number of positions to be filled.
  8. Primary election results will be either posted at all Districts and Bureaus or by membership mailing on the third Monday in October.
  9. On the second Monday in November, the final election ballots will be mailed to the general membership, return date 10 days later.
  10. On the second Monday in December, results of the election will be posted at all District and Bureaus or notification will be made by mailing the results to the general membership.  In the event of a tie, another or additional election shall be held and shall involve only those holding the tie vote. Ballots will be mailed to the general membership with a return date, 10 days later.
  11. Runoff results, if needed, will be posted at all Districts and Bureaus or membership notified by a mailing to the general membership no later than the last day of the year.
  12. Voting shall be by secret ballot. Ballots to be counted by Board members whose offices are not expiring.

5.04     The Board of Directors shall fill any vacancy on said Board when a vacancy occurs due the resignation, disability, or any cause. The selection shall be made by causing a special election to be called. The special election will be held not more than 30 days from the date of the vacancy, but not to be held concurrent with a normal election process. This special election shall follow the time frame set forth in the election appointment procedures contained under 5.03 of this section. The elected member shall serve until the expiration of the original director’s term.

5.05     Should said vacancy involve the Executive Board, the vacancy on the Executive Board shall be filled after the Board of Directors is consistent with the requirements described in 5.01.

ARTICLE  VI

Meetings

6.01     An annual meeting of the Board of Directors shall be held as soon as practicable in January; the date set by agreement of the Board.

The Board shall schedule meetings as deemed necessary.

6.02     Special meetings may be called at any time by the President and it shall be the duty of the President to call meetings when requested in writing by a minimum of thirty (30) members of the Organization. The special meeting shall be called within four weeks of the receipt of the written request.

6.03     A General Membership meeting of all members will be held four times per year. The dates of these meeting will be determined by the Board of Directors. Said dates to be posted at all work locations.

ARTICLE VII

7.01     Nothing in this by-laws shall be construed as imposing any personal liability on any individual who is a member of the Board and acts lawfully in this capacity.

7.02     The affairs and funds of the Organization shall be under the control of the Board of Directors and shall be managed in all matters consistent with the purpose of the Organization and the terms of the constitution and the by-laws.

7.03     The Board shall constitute a committee of the whole for the purpose of conferring periodically with the Chief of Police respecting matters affecting the interests of the Organization collectively.

7.04     The Board shall have the power to expel any member of the Organization and also remove any of their members from office who may be guilty of a violation of the constitution, breach of trust, conduct detrimental to the welfare of the Organization or other official misconduct. Such expulsion or removal shall require a 2/3 vote of the Board. Redress may be had by the expelled member at the next scheduled General Membership meeting.

7.05     The Board shall have the authority to make such rules as it may deem necessary to conduct the affairs of the Organization provided such rules are not inconsistent with the provisions of the constitution and by-laws. Such rules will be presented to the members for ratification at the next general meeting. Such ratification shall be simple majority unless otherwise noted in the constitution. Rules, as identified above, will be maintained by the organization secretary and retained at the union office.

7.06     An annual audit shall be made of all financial transaction including all receipts and expenditures. The annual audit shall be conducted by a certified accountant, and the results thereof are a matter of record and available to any member in good standing. Members of the Board of Directors shall, on a monthly basis, present an account of any expenditure of organization funds made by them.

7.07     The Board of Directors is empowered to employ an attorney of its choice to defend members of the Organization in civil actions, which may arise against them as a result of any police action, and to pay all or part of necessary expenses incident to a reasonable and proper defense. The Board, at its discretion, is also authorized to pay judgments, in whole or part, rendered against any such member.

7.08     The Board shall have the power to refuse financial aid or protection when, in its judgment, the member against whom legal proceedings may be directed has acted contrary to law any (ordinance, statute / misdemeanor or felony), violation of Police Department rules, or in violation of rules set by the Board of Directors.

ARTICLE VIII

Duties of Officers

8.01     The President shall preside at all meeting, review all orders drawn by either the Secretary and/or Treasurer, review all financial matters and such other duties as are usually required of a President.

8.02     The President shall make all committee appointments within ten (10) days after the election, subject to majority approval of the Board of Directors. The President shall appoint special committees whenever necessary to carry out the purposes and administration of the Organization. The President shall be ex-officio member of all committees.

8.03     In the absence of the President, the Vice-President shall perform all of the President’s duties.

8.04     The Secretary shall keep the minutes of all meeting of the Board: keep accurate accounts of membership and other organization affairs; and shall at all times have his or her books and papers in order for examination by any member of the Board or the Organization.

8.05     The Treasurer shall receive all monies for the Organization, and hold them subject to the order and direction of the Board. The Treasurer shall keep an account of receipts and disbursements and shall at all times have financial records, in order for examination by any member of the Board or of the Organization. The Treasurer shall give such bond as may be required by the Board.

BY LAWS

ARTICLE I

The meeting shall be called to order at the appointed hour.

ARTICLE II

The business shall be preceded within the manner prescribed in the order of business.

ARTICLE III

Order of business:

  1. Call the roll
  2. Reading the minutes of previous meeting
  3. Treasurer’s report
  4. Resignations and Retirements
  5. Application for membership
  6. Reading the names of members in arrears
  7. Reports of committees
  8. Communications and bills
  9. Unfinished business
  10. New business
  11. Welfare of the Organization

The above order of business may be suspended by the president should the Board of Directors make a motion for same.

ARTICLE IV

Members of the Board wishing to make a motion, deliver their opinion, or speak upon any subject, shall respectfully address the Chair. The Board members shall confine themselves to the question under discussion and avoid personalities. If two (2) or more members speak at the same time, the President shall decide who shall speak first.

ARTICLE V

No member of the Board shall interrupt another member in their remarks, unless to call them to order for words spoken. No member shall speak more than once on the same question, until all members wishing to speak shall have done so.

ARTICLE VI

A member, while speaking, being called to order by another, shall cease speaking until the question of order is determined.

ARTICLE VII

No motion shall be subject to action until seconded and stated by the Chair.

ARTICLE VIII

When a question is before the Board, no motion shall be received except, first, to adjourn; second, to close the debate; third, to take the previous question; fourth, to lay on the table; fifth, to postpone action to a definite or indefinite time; sixth, to refer; seventh, to amend; with precedence in order herein arranged, the first four of which shall be decided without debate.

ARTICLE IX

A motion to adjourn shall always be in order, except when a member is speaking or a vote is being taken. A motion to adjourn, failing of passage, cannot be renewed until some other proposition is made or business transacted.

ARTICLE X

When a motion is passed, it shall be in order for any member voting in the majority to move for reconsideration thereof at the same or next meeting.

ARTICLE XI

No member of the Board shall be permitted to leave the room without the permission of the presiding officer.

ARTICLE XII

Any member of the Board may call for a division of the question when the sense shall admit to it.

ARTICLE XIII

When reading of a paper or other matter is called for, and the same is objected to by any member, it shall be determined by a vote of the majority of members present as to whether or not it is to be read.

ARTICLE XIV

The Constitution and by-laws, after adoption, shall not be suspended, altered, amended, or repealed, except by a vote of 2/3 of the members of the Board. Any change in the Constitution or by-laws shall be held over for not less than 30 days before being acted upon. Any amendment upon failing to pass the Board may be submitted to the membership for approval upon request of its author and seconded from any member of the Board. This shall be by secret ballot of the membership and shall require a 2/3 majority of the members voting.

ARTICLE XV

Members of the Board shall not vote on a question, which directly affects their personal interests.

ARTICLE XVI

All business transacted by the Board of Directors of the Organization shall be in accordance with ROBERTS RULES OF ORDER (Revised), unless otherwise provided by the by-laws.

ARTICLE XVII

The general membership meetings shall be open to any member of the Organization in good standing, providing members conduct themselves in accordance with the Constitution and by-laws and Roberts Rules of Order (Revised). Members of said Organization may be heard on any motion, They shall confine themselves to the question under discussion and avoid any personalities.

Board Meetings are defined as “meetings of the elected members of the Board. ” This meeting is held on a date established by the directors and may change from month to month as determined by the Board. This meeting is attended only by the board of directors. The board may from time to time invite members or individuals to conduct business on behalf of the organization.

General Membership meetings are defined as meetings of all organization members (in good standing) and will be held four times per year. The dates of these meetings will be determined by the Board of Directors. (Refer to 6.03)

The President may call special meetings at any time and it shall be the duty of the President to call meetings when requested in writing by thirty (30) members of the Organization. (Refer to 6.02)

ARTICLE XVIII

An Executive Meeting may be held at the discretion of the Board. This includes the President, Vice President, Secretary and Treasurer.

Dated in Milwaukee, Wisconsin, at 2900 W. Forest Home Avenue at the MPSO building, this 281h day of October 2002 at which time this Constitution and By-laws of the Milwaukee