CONSTITUTION AND BY-LAWS
DAYTON POLICE BENEVOLENT ASSN.
Adopted August 4, 1947
Dayton Police Benevolent Association Constitution
TABLE OF CONTENTS
Article I Title
Article II Membership:
Section 1. Whom eligible
Section 2. Applications
Section 3. Initiation fees
Section 4. Retirements (account retirement from Police Department)
Section 5. Resignations.
Article III Meetings and Elections:
Section 1. Manner of Electing Officers
Section 2. Board of Trustees
Section 3. Quorum.
Article IV Duties of Officers:
Section 1. President
Section 2. Vice-President
Section 3. Secretary
Section 4. Treasurer
Section 5. Deposits and Investments
Section 6. Treasurer’s Bond
Section 7. Salaries—Secretary & Treasurer
Section 8. Vacancies.
Article V Dues:
Section 1. Amount
Section 2. Failure to pay
Article VI Distribution of Income:
Section 1. Accounting Procedure
Section 2. Reserve for Benefits
Section 3. Distribution to Members
Section 4. Assessments.
Article VII Benefits:
Section 1. Sick Benefits
Section 2. Sick Benefits to Out of Town Members
Section 3. Death Benefits
Section 4. Retirement and Bonus.
Article VIII Committees:
Section 1. Auditing committee
Section 2. Relief Committee
Section 3. Special Committee.
Article IX Trials and Penalties:
Section 1. Divulging Business of Association
Section 2. Violation of Constitution and By-Laws
Section 3. Drunkenness, Immoral or Scandalous Conduct
Section 4. Fraud
Section 5. Benefits Questioned
Section 6. Hearing of Charges
Section 7. Expelled for Contempt.
Article X Dissolution.
Article XI Amendments.
This body shall be styled and known as the Dayton Police Benevolent Association, and shall be composed exclusively of persons connected with the Division of Police, providing they have passed the Civil Service examination as a Patrolman.
Section 1. No applicant shall be considered eligible unless he be a regularly appointed member of the Division of Police under 40 (forty) years of age, and not then until he has been a member of the Division of Police for a period of six months from the date of his appointment.
Sec. 2. Application for membership in this Association shall be presented in writing, must have the signature of the applicant attached thereto, and the signature of two regular members of the association recommending the applicant. He is also required to pass a physical examination which is to be paid for by the Association.
Sec. 3. No applicant shall be considered a member of the Association until he has complied with the provisions set forth in the sections 1 and 2 of this article, signed the Constitution and paid to the Treasurer the initiation fee of $15.00. If not paid within six months after the date of application, such application shall be void.
Sec. 4. Any member of the Association who may sever his connection from the Division of Police, or who may be retired, shall be immediately dropped from the rolls of the Association, and the President shall cause an order to be drawn in his favor for his pro rata share of the earnings, as shown on the books of the Association, and shall make a report of his action at the next meeting of the Association.
Sec.5 Any member of the Association may resign his membership at any time, but shall not be entitled to any portion of the funds of the Association upon his withdrawal.
Meetings and Elections
Section 1. The members of the Association shall, at the first meeting in December of each year, proceed to nominate candidates for President, Vice-President, Secretary, and Treasurer, who shall be elected, by ballot, in person or by proxy, at the first regular meeting in January. It shall require a majority of all the votes cast to elect. In case of three or more candidates for the same office, and no candidate having received a majority of all the votes cast after the second ballot, the candidate having the lowest number of votes shall be dropped, and at each succeeding ballot thereafter the candidate having the lowest number of votes shall be dropped, and the Association shall continue to vote until some candidate receives a majority of all votes cast. Should there fail to be an election at the meeting specified, an election shall be held at the next regular or called meeting.
Sec. 2. The Board of Trustees shall consist of the President, Vice-President, Secretary and Treasurer, and three others to be elected by the Association, in the same manner as the officers are elected.
Sec. 3. Seven members shall constitute a quorum to transact business.
Duties of Officers
Section 1. The President shall preside at all the meetings of the Association, sign all orders on the Treasurer, except as provided in the following section, and call extra meetings of the association when requested by two members in good standing.
Sec. 2. The Vice-President shall act as presiding officer, and sign all orders drawn on the Treasurer, in the absence of the President.
Sec. 3. The Secretary shall keep a true record of the proceedings of the meetings of the Association, of all casualties and sickness from which applications for benefits may be made. He shall draw all orders for money allowed by the Association, or as ordered by the President, as provided for in the Articles of the Constitution. All money paid out shall be paid by check and signed by the Secretary and the Treasurer.
Sec. 4. The Treasurer shall receive and collect initiation fees, dues, fines and all money belonging to the Association, and shall pay all orders drawn on him signed by the President or in his absence by the Vice-President. He shall keep correctly the accounts of the Association and its members, and shall at all times have his books open for examination by the Auditing Committee. All records shall be written in ink.
He shall make a report to the Association at the first regular meeting in the months of January, April, July and October of each year, showing all moneys received and disbursed and a list of all members in arrears, specifying the amount of the same.
Sec. 5. The Treasurer shall have charge of all moneys, stocks or investments of the Association, and invest the same as directed by the Board of Trustees.
Sec. 6. The Treasurer shall give a surety bond to the Association in such amount as the Board of Trustees may require.
Sec. 7. The Secretary and Treasurer shall receive such salary as the Association may determine at any regular meeting, which shall be paid quarterly upon presentation of their accounts, at the first stated meeting in January, April, July and October.
Sec. 8. Should any officer of the Association be absent for three successive meetings, or fail or refuse to serve, after having been elected or appointed, unless sick or absent from the city, his office may be declared vacant by a vote of the association. All vacancies occurring be resignation or otherwise may be filled immediately.
Section 1. The yearly dues of this Association shall be $6.00, payable quarterly in advance. Any member neglecting to pay the same for ten days thereafter shall be duly notified by the Secretary, and upon refusing or neglecting to pay the same in twenty days after receiving such notice, shall be dropped from the rolls of the Association. He may be reinstated by consent of two-thirds of the members present, provided he has paid all dues that have accrued against him up to the time he makes application to be reinstated; provided also, that he be eligible to membership as required in Article II, Section 1.
Sec. 2. No member who is in arrears for dues, fines or assessments that may be made against him, shall be allowed to vote on any question, or receive benefits after having been notified by the Secretary of such arrearages.
Distribution of Income
Section 1. The books of the Association shall be kept in such manner as will properly reflect the income and expenditure for the period and the correct financial standing at the close of each period.
The “Income and Expense Account” shall be credited with the income arising from Interest Earned, Dues, Donations, Admission Fees, Entertainments, etc., and charged with the Expense of Salaries, Accounting Fees, Printing and Stationery, and Other Expenses. The balance, being Operating Profit or Loss, will be transferred to the surplus Account.
Sec. 2. All Sick and Death Benefits, and Bonuses shall be charged to the Surplus Account. It shall be the duty of the Trustees, as far as possible, and in accordance with their best judgment, to retain a sufficient sum in the Surplus Account to pay a reasonable number of claims for benefits and bonuses.
Sec. 3. After such provision has been made the Trustees may declare a dividend to be credited to each member on the Membership Ledger. As the income derived will be principally from the interest earned and entertainments and the dividend shall be credited:
1. From interest earned on their pro rata shares, a percentage based on the credit balances shown on the Members’ account in the Membership Ledger.
2. From entertainments, and other revenue, an equal amount to all members.
Sec. 4 If at any time the surplus is not sufficient for immediate or future reasonable needs in the judgment of the Trustees, they may by a majority vote order an assessment or take other action as the circumstances may require.
Section 1. Each member of the Association, in good standing, and who has been a member for six months, shall be entitled to the sick benefits as follows:
1 to 7 days, no benefits.
8 to 15 days, $1 per day.
16 to 45 days, $2 per day.
46 to 365 days, $3 per day.
Provided such sickness or disability shall not have been occasioned by his own improper conduct or imprudence.
Sec. 2. Applications for sick benefits from members out of the city must be accompanied by a certificate from a regular practicing physician, setting forth the nature, cause and duration of such sickness of disability. Such certificate shall be sworn to before an officer qualified to administer oaths.
Sec. 3. Upon the death of a member of the Association, his wife, or heirs at law shall receive from the Association the sum of two thousand dollars ($2,000.00), and his pro rata share as shown on the books of the Association. This amount shall be paid in addition to any sick benefits to which he may be entitled in accordance with Article VII, Section 1. Said death benefit to be paid to the beneficiary named in the notarized statement on file with the Treasurer of the Association.
Sec. 4. Any member of the Association who, while living, is retired on pension or leaves the Division of Police for any cause, and who, at the time of his retirement has been a member of the association for a period of:
(1) Fifteen (15) years or more shall receive in addition to his pro rata share shown on the books of the association, the sum of Three Hundred ($300.00) Dollars;
(2) Ten (10) years and less than fifteen (15) years shall receive in addition to his pro rata share as shown on the books of the Association, the sum of Two Hundred ($200.00) Dollars;
(3) Five (5) years and less than 10 (10) years shall receive in addition to his pro rata share as shown on the books of the Association, the sum of One Hundred ($100.00) Dollars;
(4) Less than five (5) years shall receive his pro rata share as shown on the books of the Association.
Such amounts as shown shall be paid upon retirement or as soon thereafter as possible, without impairing the financial standing of the Association.
In case of the death of a member of the Association the provisions of this Section shall be inoperative and in lieu thereof, the death benefit as described in Article VII, section 3, shall be applicable.
Sec. 5. Any member of the Association who is absent from duty in the Division of Police for any reason whatsoever excepting sickness or disability, for a period exceeding 30 days, shall forfeit all claims to benefits or earnings in the association and be relieved from the payment of dues. He will retain his pro rata share as shown by the books of the Association at the time of such forfeiture.
In the event he permanently severs his relations with the Division of Police while this forfeiture is in effect, he will be paid in addition to his pro rata share, the amount of bonus that is due him at the time the forfeiture became effective.
Any member having so forfeited his rights to benefits, shall have the same restored upon his return to duty in the Division of Police.
Sec. 6. In order that no member of the Association shall receive more than a total of $3000.00 in bonus or death benefits, any amounts formerly paid him as bonus, shall be deducted in his final settlement of the bonus or death benefits.
Section 1. There shall be an Auditing Committee consisting of three members, who shall employ a Certified Public Accountant to audit the accounts of the Association at least once each year. The Auditing Committee shall audit the books of the Treasurer at the end of each quarter, and make report of their findings to the Association.
Sec. 2 There shall also be a Relief committee consisting of three members. The Relief Committee shall visit the sick members at least once in every seven days, and report to the President, or in his absence, to the Vice-President, as to their condition. The members of these committees shall be appointed by the President at the first regular meeting in February, and hold their offices until their successors are appointed.
Sec. 3. The President shall appoint special committees as occasions require. Should a special committee fail to report in due time, without giving sufficient reason therefor, the Association will be at liberty to discharge such committee and appoint a new one.
Trials and Penalties
Section 1. Any member of this Association who shall wilfully divulge to any person or persons not members of the same, any of the proceedings or business of the Association, shall, upon conviction for the first time, be fined not less than Twenty-Five ($25.00) Dollars, or more than Fifty ($50.00) Dollars, by a vote of two-thirds of the members present, and for each succeeding offense the fine shall be doubled. .
Sec. 2. If any member shall violate any of the provisions of the Constitution and By-Laws of this Association, it shall be the duty of any other member who may come to a knowledge of the same, immediately to give notice in writing of such violation to the President. The President shall forthwith refer a copy of such communication (withholding the name of the complainant) to an investigating committee of three appointed by the President. The accused shall also receive a copy of such complaint.
Sec. 3. Should any member be guilty of habitual drunkeness, or grossly immoral or scandalous conduct, or of any infamous conduct, he shall be fined, reprimanded, suspended, or expelled, as the Association may determine. No member shall be suspended or expelled unless by a vote of two-thirds present, and the vote shall be taken by ballot. The accused shall not vote, nor speak on any subject except in his own defense, nor, if an officer of the Association, shall he exercise the functions of his office until his case has been disposed of.
Sec. 4. Any member of this Association who shall wilfully impose on the same, by claiming or receiving benefits when not entitled thereto, shall be expelled.
Sec. 5. Should any member believe that a member claiming or receiving benefits is not so sick or disabled as to render him entitled thereto, he shall immediately give notice of such belief to the President, and the question of such sickness or disability shall be referred to the Relief Committee. Said Committee shall make a complete investigation, and may, if they deem it necessary, employ the services of a regular practicing physician to examine the member and make a written report of his finding. The Committee shall report to the Association their finding, including the report of the physician. Upon such report being filed, the Association shall fix a time, not later than the next regular meeting, for hearing of said report, and the Secretary shall notify the said member of the date of such hearing. On the date of said hearing, the Association shall hear the same and determine by a majority vote whether said member is entitled to benefits. The Association shall pay the said physician an amount not exceeding Five ($5.00) Dollars.
Sec. 6. If the Investigating Committee believes the member guilty of an offense against the Association, it shall file charges against him at the next regular meeting for hearing such charges and the Secretary shall give notice in writing to the accused to attend such meeting. If the accused does not appear at the time fixed for said hearing without giving sufficient reason, the Association may hear the charges and render a decision. If two-thirds of the members present vote to sustain the charges, or parts thereof, the President shall, without motion, proceed to put to vote the highest order of punishment, and if lost, he shall put the next and proceed until some order of punishment is agreed upon by a vote of two-thirds of the members present.
Sec. 7. If any such accused member shall evade the receiving of a citation, or after receiving the same shall refuse to attend the Association at the time therein fixed, and remain absent throughout the investigation or trial of his case, or is not represented by a member of the Association as his attorney, the Association may proceed to expel him for contempt.
The Association shall exist as long as seven members remain willing to continue; and no division in liquidation shall be made of its funds or property as long as the Association exists; nor shall this article be subject to any alterations, whatever, except by unanimous consent of the Association.
Section 1. This Association may, from time to time, enact such by-laws, rules and regulations as they may deem proper for its good government, provided such by-laws, rules and regulations shall not be inconsistent with the provisions of the Constitution.
Sec. 2. The meeting of the Association shall be open for the transaction of business on the first Monday of each month.
Sec. 3. No political or religious discussion shall take place in any meeting of this Association, the penalty for which shall be a fine of not less than One ($1.00) Dollar nor more than Five ($5.00) Dollars.
Rules of Order
1. The President shall preserve order and decorum, and pronounce the decisions of the Association on all subjects; he may speak on points of order in preference to other members, decide questions of order without debate, subject to an appeal to the Association by any two members, on which appeal no member shall speak more than once.
2. No question shall be stated unless duly moved and seconded, nor shall it be considered nor debated until it has been stated by the President.
3. At the request of any member, the mover of a proposition shall have the same reduced to writing, otherwise it shall not be considered.
4. No motions can be withdrawn by the mover after having been amended, or in any manner acted upon, without the consent of the Association.
5. When a question is before the Association, no motion shall be received, unless to adjourn, to close debate, to call for the previous question, to call the yeas and nays, to postpone indefinitely, to lay on the table, to commit, to re-commit, or to amend. The above motions shall have precedence in the order here arranged, and the first four shall be decided without debate.
6. Any member entitled to vote may call for a division of the question whenever the sense will admit of it.
7. Three members entitled to vote shall suffice to call for the yeas and nays.
8. When a motion or proposition has been decided in the affirmative, any one of the majority may move at the same or next meeting to reconsider; but when decided in the negative it cannot be re-moved the same meeting without the consent of the Association.
9. When a member rises to speak he should respectfully address the chair; and while speaking he shall confine himself to the subject before the Association; he shall not use indecent language; he shall avoid all personalities, and he shall cast no reflection on the Association, or any of its members.
10. No member shall have the right to speak more than once without the permission of the President. When two or more members arise at the same time to speak, the President shall designate which shall have the floor.
11. The officers shall at all times during the session of the Association be designated by the proper title.
12. Any member may call a member to order while speaking. The speaker shall then pause until the question of order is decided. If the question be decided against him, he may appeal to the Association. On appeal the question shall be put in this form: “Shall the decision of the chair stand as the decision of the Association?” And it is debated and decided by the Association in the same manner as any other question.
13. All questions coming before the Association shall be decided by a majority of the votes cast, unless otherwise provided for by the Constitution.
14. When a question is stated to the Association which required two-thirds of the members present to sustain it, the President shall declare the number of votes cast in its favor, and the number opposed to it and this decision shall be recorded in the minutes.
15. On the final report of a special committee being accepted, the committee shall be considered discharged without a vote, unless other wise ordered.
16. These Rules may be suspended for one meeting by a vote of two-thirds of the members present: but a motion to amend or repeal must be submitted in writing, and shall lay over until the next regular meeting, when if two-thirds of the members present vote in its favor the motion shall be adopted.
This Constitution, By-Laws and Rules shall be in force from and after their adoption and all Rules and Regulations heretofore in existence, pertaining to the administration or government of the Dayton Police Benevolent Association are hereby repealed.
August 4, 1947
H. H. WIELAND