constitution & bi-laws

NORTH DAKOTA PEACE OFFICERS ASSOCIATION CONSTITUTION
ARTICLE I – NAME AND PURPOSE
(As amended 18 August 2016)

 SECTION 1.

 NAME. The name of this organization shall be the “North Dakota Peace Officers Association.” The association shall operate as a non-profit voluntary organization.

 SECTION 2.

 PURPOSES. Its purpose shall be as follows:

 (a) To bring together all persons qualified for membership under Article II of this Constitution in an effort to stimulate mutual acquaintance and the interchange of ideas.

(b) To make available the collective experience of its members to persons and agencies, private and governmental, in any matteraffecting the criminal justice system and the citizens of North Dakota.

(c) To encourage and afford opportunity for its members to keep abreast of developments and approved principles relating to criminal justice.

(d) To help in the solution of problems peculiar to its members as peace officers and the criminal justice system.

(e) To engage in educational training and research activities of all kinds in furtherance of the foregoing objectives.

(f) To provide support to programs beneficial to the North Dakota Peace Officer Association, its members or their families.

 

ARTICLE II – MEMBERSHIP

SECTION 1.

QUALIFICATION, ACTIVE MEMBERSHIP. Any person of good moral character whose principal occupation at the time of application is that of a licensed peace officer or criminal justice employee, either federal, state, or local, within the State of North Dakota,or a special member who has been in their qualifying position for at least one year, shall be eligible for active membership to the North Dakota Peace Officers Association, upon payment of the membership dues, provided such applicant can be qualified as a member listed in one of the following groups:

 

Group No. 1: Sheriffs,Deputy Sheriffsand Sheriff’s Department employees.

Group No. 2: Department of Corrections employees:Federal, State, Regional, County and City Correctional Officers; State and Federal Parole and Probation Officers.

Group No. 3: State Highway Patrol Officers and State Highway Patrol employees

Group No. 4: Municipal and University Police officers, and Police Department employees.

Group No. 5: Special Members: The Attorney General and staff; North Dakota Bureau of Criminal Investigation Agents and staff; Federal Law Enforcement Agents and Officers; Railroad Police;state tax investigators; United State Military Law Enforcement Officers and Special Agents; telephone security officers; Natural Resource Officers: State and Federal Game and Fish Enforcement Officers; and State and Federal Park police officers; ND Brand Inspectors. Prosecutorial: US Attorney and legal staff; States Attorney and legal staff; Municipal and other special prosecutors. Judicial: Juvenile Referees, Judges and Magistrates. Support Agencies: ND State Crime Lab employees; State Medical Examiner; County Coroner; Emergency Services Communications employees; criminal justice educators and trainers; and representatives of the Mid-states Organized Crime Information Center.

 

Members who have maintained their status as an active member of the Association for a minimum period of eight years and who have retired or whose principal occupation is no longer that of a peace officer or criminal justice employee shall be entitled to continue as an active member of the association with all the rights and privileges pertaining thereto, except that of holding office in the association, providing the annual membership dues are paid as required by the By-Laws.

 

Active members no longer residing in North Dakota, but whose principal occupation is still that of a licensed peace officer or criminal justice employee shall be allowed to continue their membership as an active member, except that of holding offices, providing the annual membership dues are paid as required by the By-Laws.

 

SECTION 2.

 

SUSTAINING MEMBERSHIP. Any other person involved in law enforcement or criminal justice but unable to qualify as an active members as provided for in Article II, Section 1., may become a sustaining member of the association upon payment of the annual dues. Sustaining member shall not have the privilege of voting or holding office. Persons eligible for sustaining membership shall be members of police auxiliary units, police reserves units, special deputy sheriffs, exhibitors at annual conferences, private security officers, the Publicity Director and staff of the Association publication, and such other persons approved by the Executive Board of the Association.

 

SECTION 3.

 

HONORARY MEMBERSHIP. Any person in recognition of outstanding service and contribution to the furtherance of the purposes of this Association may be appointed an honorary member of the Association, upon recommendation of the membership. No honorary member shall be required to pay membership dues, nor shall that member have any voting privileges orbe eligible to hold office. The Executive Board shall be the determining authority relative to any appointment of an honorary membership.

 

SECTION 4.

 

ASSOCIATE MEMBERSHIP. Any peace officer or criminal justice employee, either federal, state, or local, possessing the qualification of active membership in this Association as required by Article II, Sec. 1., herein, but who has been employed as a peace officer or criminal justice employee less than one year may become an associate member of the association. Upon payment of the annual dues he/she shall be entitled to all privileges of other members with the exception of voting orholding office. Upon completion of the one-year period said associate members shall be entitled to a reclassification as an active members, provided he/she still meets the requirements as specified in Article II, Sec. 1.

 

Any person holding an active membership in the Association who is no longer engaged as a licensed peace officer or criminal justice employee shall be automatically classified as anassociate member subject to the exception contained in Article II, Sec. 1., pertaining to those members having completed eight or more years of active membership in the North Dakota Peace Officer Association.

 

Upon graduation, any person who has attended the Law Enforcement Training Center in Bismarck or the Lake Region Law Enforcement Program shall be given a free associate membership for one year.

 

SECTION 5.

 

LIFE MEMBERSHIP. Any active members of the Association who has attained the age of fifty-five (55) years may thereafter at any time, upon proper application, obtain a life membership in the Association for the remainder of his/her life upon payment of an amount established by formula, that has been approved by the Executive Board. He/she shall be entitled to retain all benefits and privileges to which he/she was entitled at the time immediately prior the granting of a life membership. (as amended 18 August 2016)

SECTION 6.

 

EXPULSION OF MEMBERS. The Executive Board may censure, suspend, or expel any memberfor cause, after a hearing before such Board, for failure to comply with the rules and regulation laid down by this constitution and prescribed in the By-laws or by conduct unbecoming a member. Any member who is suspended, expelled, or dropped from membership may be reinstated by the affirmative vote of a majority of members of the Executive Board, provided the applicant for reinstatement, at the time of such application, is eligible for membership in the Association according to the Constitution and By-Laws.

 

ARTICLE III – OFFICERS AND ELECTIONS

 

SECTION 1.

OFFICERS. The Officers of this Association shall be a president, immediate past president, first, second, third, and fourth vice president.

 

SECTION 2.

EXECUTIVE BOARD. The Executive Board shall be composed of the president and vice presidents. The Executive Board shall include no more than one representing member of the groups described in Article II, Sec. 1.

 

SECTION 3.

ELECTION AND VACANCIES. At the annual conference of the Association, the officers of the Association shall be elected by the membership and shall hold office until the close of the next Association conference. The election of the Association president shall take place first and upon completion of same, election of the active members to the offices of the first, second, third, and fourth vice presidents shall follow in that order, with each being balloted upon separately. Nomination may be made for any of the positions by any of the groups described in Article II, Sec. 1., or additional nominations may be made from the floor by representatives of any group.

 

The following balloting procedures shall be in effect:

  1. A simple majority vote of the total members present shall elect.

  2. No limitations shall be placed on the number of candidates who may run for the same office.

  3. In the event there are several candidates and any one individual secures a simple majority vote of the total members present, regardless of the number of candidates, he/she shall be declared elected.

  4. If a simple majority of the total members present is not secured by the completion of the first ballot, then the candidate with the least number of votes shall be eliminated and a new ballot taken.

  5. This procedure shall be followed until any one individual secures a simple majority vote of the total members present.

 

At the annual conference, officers of the Executive Board may, by conference action, be elevated to the next higher position, provided that nothing herein shall prevent the association, by majority vote of the total members present at the conference, from electing to any of the offices of vice president an active member of the association. An exception to this rule shall be that the only eligible candidates for the office of president shall be current members of the Executive Board.

 

In the event of a vacancy in the office of president, occurring prior to the annual conference, avice president, in the order elected, shall succeed to the office of president or acting president, and ifhaving served in that office for nine months or more shall be ineligible to succeed himself/herself.

 

In the event of a vacancy in the office of any of the vice presidents, occurring prior to the annual conference, the vice president immediately below shall be elevated accordingly.

 

In the event there is more than one vacancy, upon the retirement of the president at the annual conference, then all vacancies shall be filled at the annual conference following the procedures outlined above.

SECTION 4.

 

QUALIFICATION OF OFFICERS. No person who has been convicted of a felony shall be an officer ormember ofthe Executive Board of this Association, nor shall such person be an employee of the Association. Noofficer except the Secretary/Treasurer shall be eligible to succeed himself/herself. Only active members with a minimum of three (3) years consecutively as a member of the Association shall qualify for election to the Executive Board.

 

SECTION 5.

APPOINTMENT OF SECRETARY/TREASURER. The executive board may appoint an executive secretary/ treasurer.

 

SECTION 6.

GROUP OFFICERS. Prior to election of officers of the Association at the annual conference each of the aforesaid groups designated in Article II, Sec. 1., of this Constitution may meet separately or jointly and organize as a group and elect officers of their group who shall hold offices for one year and who shall be vested with the customary powers and duties of such officials. This group, if they desire, may select one or more candidates to be nominated for any of the offices of the Association.

Each group through its officers and members may perform such acts or engage in such activities as are peculiarly of interest or benefit to the group, provided that no action or activity of any group shall be inconsistent with the intent and purpose of any other group or of the North Dakota Peace Officers Association in general.

 

ARTICLE IV – OPERATION

 

SECTION 1.

ANNUAL CONFERENCE. An Annual Conference of the Association shall be held each year at a time and place to be determined by the membership. During the Conference the membership in attendance shall select a future Annual Conference host city no laterthan two (2) years prior to the date on which the conference is to be held.

 

SECTION 2.

VOTING. Only active members in good standing at the time of the annual conference who have paid their dues for the coming year shall have a vote on any question submitted at that conference or any special meeting.

 

SECTION 3.

 DUTIES OF THE EXECUTIVE BOARD. Between conferences the Executive Board shall constitute the governing body of the Association and shall conduct its business affairs and details of administration. The Board may transact business by any physical or electronic means available to act upon matters submitted to it. An affirmative vote of a majority of all members of said Board shall be necessary to pass upon any question.

Any person who serves as a member of the Executive Board, or secretary, of the North Dakota Peace Officers Association is immune from civil liability for any act or omission resulting in damage or injury, if at the time of the act or omission the person is acting in compliance with N.D.C.C. 32-03-44.

 

SECTION 4. 

SPECIAL COMMITTEES. The president may from time to time appoint such special committees as may be necessary in his/her judgment, or in the judgment of the Executive Board, or as may be directed by the membership.

 

SECTION 5.

REQUESTING OF FUNDS. Any person, group, or organization intending to request funds from the Association, at the annual conference, in an amount of $500.00 or more shall request said funds in writing. This written notification to request funds fromthe Association shall be received by the Executive Board at least sixty (60) days prior to the annual conference. The Executive Board may grant exceptions to this sixty (60) day notification.




ARTICLE V – FINANCES

 

SECTION 1.

 MEMBERSHIP DUES. The Association shall have the power to levy and collect annual membership dues and to determine the purpose or purposes for which such funds may be used. The amount and method of collecting annual membership dues shall be prescribed in the By-Laws.

 SECTION 2.

 DEATH BENFITS. The Association may provide for death benefits of its members within a degree and to the limits absolutely prescribed by the membership, and any policy, practice, or commitment to the contrary notwithstanding, the Association assumes no liability for death benefits of its members except as is specifically prescribed in the By-Laws.

 

 ARTICLE VI – AMENDMENTS

 

SECTION 1.

AMENDMENT OF THE CONSITUTION. This constitution may be amended at any conference by a two-third (2/3) affirmative vote of the active members present, provided a written notice of the proposed amendment shall have been submitted to the president or secretary of the Association at least sixty (60) days prior to the meeting of the conference.

 

SECTION 2.

AMENDMENT OF BY-LAWS. The By-Laws of the Association may be amended at any conference by a two-third (2/3) affirmative vote of the active members present. The By-Laws may be amended at any special meeting of the association upon due notice to the members of such meeting and the purpose thereof, and upon a two-third (2/3) affirmative vote of the active members present, at such special meeting. Notice of such special meeting shall be given to the entire membership of the Association by mail or by an electronic notification system at least thirty (30) days prior to such special meeting.

 

ARTICLE VII - ASSOCIATION DISBANDONMENT

 

The Association shall be organized on a non-profit basis. All monies and properties shall remain under the control of the Association until it is disbanded, at which time the last Executive Board shall make proper disposition of such assets as directed by the Office of the North Dakota Secretary of State.





NORTH DAKOTA PEACEOFFICERS ASSOCIATION BY-LAWS

 

SECTION 1.

NAME. The name of the Association shall be the North Dakota Peace Officers Association and may be abbreviated NDPOA.

 

SECTION 2.

DUTIES OF MEMBERS. It shall be the duty of every member of the North Dakota Peace Officers Association:

(a) To attend all meetings of the Association and of the Group of which he/she is a members, unless for good cause he/she is unable to do so.

(b) To cooperate with the officers, representatives, and members of the Association and of his/her group in order to improve and elevate the position of the Association in general.

(c) To not publicly injure the name, reputation or official position of any member of the Association.

(d) To perform the duties assigned to him/her by the respective officer of the committee to the best of his/her ability.

(e) To not publicly injure, criticize, or discredit the Association or any of its programs or policies. Nothing herein contained shall prevent an officer of member to express himself/herself either favorably or unfavorably on any subject or activity of the Association at any Association meeting or Group meeting or at the NDPOA committee meetings.

 

SECTION 3.

 

PRESIDENT. The President shall preside at all meeting of the Executive Board and at all meetings and conferences of the Association, and he/she shall, as executive officer of said Association, see that the provisions of the Constitution and By-Laws are strictly enforced, that all resolutions and orders adopted by the Association at its meeting are promptly executed and he/she shall have general supervisory control over the affairs of the Association and shall make a report of the condition of such Association at the annual conference. As president of the Association, he/she shall not insist his/her personal views be entertained while presiding over a meeting of the Association or when acting as a chairperson of the Executive Board. He/she must withdraw his/her presence as chairperson at any meeting to urge a motion and shall not resume his/her position as chairperson until the question under discussion is concluded. The President shall be an ex-officio member of the governing body of the Group which he/she represents on the Executive Board.

 

SECTION 4.

 

VICE PRESIDENT. Each vice-president in addition to the duties outlined in Article III, Section 3 of the Constitution shall be an ex-officio member of the governing board of the Group he/she represents on the Executive Board, shall attend all meetings of the governing board of his/her Group, unless for good cause he/she is unable to do so, and shall serve on such committees and perform such duties as may be delegated to him/her by the President or by the Executive Board. The Vice President presiding in place of the President during his/her absence or when the President has withdrawn temporarily as presiding officer shall perform, for the time being, all of the foregoing duties of the President.

 

SECTION 5.

 

SECRETARY. The Secretary shall correctly record the minutes of all meetings of the Executive Board and of the Association. He/she shall keep a complete roster of all members and their mailing addresses. He/she shall attend to all necessary correspondence of the Association, and shall file and keep for references all communication received from any source by the Association and shall otherwise perform all duties usually performed by secretaries of like organizations.

 

SECTION 6.

 

TREASURER. The treasurer shall receive all dues and shall receive all other funds of the Association and shall be in charge of all funds, securities, receipts, and disbursements of the Association. He/she shall deposit all funds to the credit of the Association in such bank, trust company, or other depository as the Executive Board may designate, and shall disburse the same by such means and in such manner as the Executive Board shall direct. He/she shall take proper vouchers for all monies deposited, and render such statements of account and keep such books as the Executive Board shall direct. The Treasurer shall pay no bills unless they are properly authorized as directed by the Executive Board, and he/she shall render a report and accounting for receipts and disbursements of the financial status of the Association at the annual conference.

 

In the event of the death or resignation of the person holding the position of Treasurer, the Executive Board of the Association will immediately direct an audit of the financial records of the Association.

 

SECTION 7.

 

EXECUTIVE SECRETARY. The Executive Secretary shall perform such duties as are assigned to him/her by the Executive Board and may perform the duties of the secretary and/or treasurer at the direction of the Executive Board. He/she shall at all times assist the President in the administration and execution of the duties of the president. He/she shall attend all meetings of the Executive Board and of the governing board of each Group, unless for good cause he/she is unable to do so. He/she shall keep himself/herself informed at all times of the activities of the Association and of each Group, and shall strive for the development of the most favorable public image as possible for the Association and its respective Groups.

 

SECTION 8.

 

EXECUTIVE BOARD MEETINGS. The Executive Board shall meet immediately prior to each annual conference of the Association and again after the close of such conference, and shall hold not less than two additional meetings in each Association year. In no event shall the interval between meetings of the board be greater than four months. At any meeting regularly called, a majority of the Board present shall constitute a quorum.

 

SECTION 9.

 

OFFICERS COMPENSATION. The officers of this Association and each respective Groupshall receive no compensation for services rendered to the Association, except that the Executive Board may in its discretion provide compensation to the secretary and executive secretary of the Association. The Executive Board may authorize the employment of additional assistants at the time of the annual conference and at other times the board deems necessary. The officers of the Association and the officers of each respective Group shall be entitled to their actual expenses incurred in attendance of any Board meeting or in performance of any official duties of the Association or of its Groups.

 

SECTION 10.

 

COMMITTEES. Following each annual conference the president shall appoint the following standing committees who shall function at the annual conference and throughout the following year, if requested by the President or the Executive Board:

 

(1) Past Presidents – Auditing – Advisory

(2) Recommendations – Resolutions

(3) Membership – Grievance, Recruitment and Marketing

(4) Legislation

(5) Constitution and By-Laws

 

The President may, from time to time, appoint such special committees as may be necessary in his/her judgment or in that of the Executive Board.

 

SECTION 11.

 

MEMBERSHIP DUES. The active, sustaining and associate membership dues in the Association shall be set by the Executive Board and payable at the annual conference. Members shall be considered delinquent if annual dues are not paid by the date of the annual conference until January 1 of each year. If however, the annual dues are not paid by January 1, he/she shall be dropped from the membership rolls, and lose all possible benefits from the Association.

 

SECTION 12.

 

ANNUAL YEARBOOK. There shall be published annually a yearbook which shall contain a summary of the minutes of the preceding annual conference, the reports of the officers of the Association and each of its groups, and such other matters of general interest as the Executive Board may from time to time determine.

 

The Executive Board may employ a publicity director, prescribe his/her duties and provide for his/her compensation. He/she shall be the editor of the official association publication “The North Dakota Peace Officer”. Each member of the Association shall be entitled to a copy of the official publication.

 

Nothing herein shall prevent the membership, by majority vote from printing a magazine to be published at suitable intervals as a substitute for the annual yearbook.

 

SECTION 13.

 

RULES OF ORDER. The business of all meetings of the Association, the Executive Board, and of the governing boards of each of its Groups shall be conducted according to Robert’s Rules of Order.

 

SECTION 14.

 

PISTOL SHOOT. The annual pistol shoot shall be held in conjunction with the annual Association conference as directed in Article IV, Section 1, of the Constitution with notice of the time and place of the pistol shoot to be included in the notice of the conference. The annual pistol shoot may be cancelled by an action of the Executive Board when doing so will serve the best interest of the Association and it members.

 

SECTION 15.

 

DEATH BENEFITS. Subject to the provisions of Article V, Section 2 of the Constitution, the Association may provide for death benefits to those members whom have obtained life member status prior to 16 August 2013 in an amount not to exceed $500.00 per member payable to the members beneficiary, if any, or to apply on the funeral expenses of the deceased member, and to no others.

 

SECTION 16.

 

ORDER OF BUSINESS. The following order of business shall be observed at all meetings of the Association:

(a.) Role Call

(b.) Approval of the minutes of previous meeting

(c.) Report of president

(d.) Report of secretary

(e.) Report of treasurer

(f.) Election of Officers

(g.) Unfinished business

(h.) New business

(i.) Report of standing committees

(k.) Reading of communications

(l.) Announcement of standing committees

(m) General business

(n.) Adjournment