PEACE OFFICER'S ASSOCIATION OF THE COUNTY OF MONTEREY
A CALIFORNIA CORPORATION — BY-LAWS
AS AMENDED April 14, 2004

Table of Contents
Article I - Purpose
Article VI - Vacancies
Article XI - Removal of Officer or Director
Article II - Organization
Article VII- Amendments
Article XII - Suspension of a Member
Article III - Duties of Officers
Article VIII -Annual Dues
Article XIII - Expulsion of a Member
Article IV - Membership
Article IX - Meetings
Article XIV - Operating Policy
Article V - Application for Membership
Article X - Conduct of Business
Other: MCPOA Awards Guidelines/Award System
ARTICLE I - PURPOSE

It shall be the purpose of the Peace Officer’s Association of the County of Monterey to advance police administration and crime prevention; to secure coordination in all law enforcement matters; to encourage the enlistment, equipment and training of qualified persons in police work; to achieve adherence of all peace officers to high professional standards of conduct; and, generally to improve the administration of justice to the end that full protection may be secured to all law-abiding citizens.

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ARTICLE II - ORGANIZATION

The officers of this Association shall be: a President, a Vice-President, a Secretary, a Treasurer, all of whom shall hold their respective offices for the term of one year, or until their successors are elected. Said officers shall be elected by ballot at the April meeting by the vote of a majority of the members present. The officers of the Association shall take office at the June meeting of each year.

There shall be a Board of Directors consisting of the President, the Vice-President, the Secretary, the Treasurer, six members of the Association, the Immediate Past President, and a Legal Advisor. The said three members of the six members of the Association and the Legal Advisor shall be appointed by the President for terms of three years from the date of appointment. The remaining three members of the Association shall be elected annually by the members of the Association at the same time that the election for officers’ takes place as provided for above.

Associate Members may serve on the Board of Directors in the capacity of a Director. There shall be no more than two Associate Members serving as a Director at any given time.

The Board of Directors shall have full power and authority to do all acts and perform all functions of the Association. Top

The Board of Directors shall direct the expenditure of the funds of the Association, but not in excess of the amount held by the Treasurer, and shall make a monthly report to the Association. A majority of the members shall constitute a quorum for the transaction of business.

The Board of Directors, when necessary, may conduct Association business via e-mail or telephone. When a vote is required using these forms of communication, the president must contact all of the Board of Directors and record their vote. Any action taken by the Board of Directors in this manner shall be recorded in the minutes at the next Board of Directors meeting.

The Board of Directors shall meet at the call of the President or at such times and places as the majority may determine.  Top

 

ARTICLE III - DUTY OF OFFICERS

It shall be the duty of the President to preside at all meetings of the Association and Board of Directors and to perform the duties usually performed by the president of an organization, and such other duties as are prescribed by the policy statement of the Association.

It shall be the duty of the Vice-President to perform all duties of the President during the latter's absence or inability to act, and during the period of any vacancy in the office of the President, and to perform the duties usually performed by the Vice-President of an organization, and such other duties as are described by the policy statement of the Association.

It shall be the duty of the Treasurer to receive and collect all moneys and dues, and shall pay all orders drawn up by vote of the Association or by the Board of Directors. He shall perform the duties usually performed by a treasurer of an organization, and such other duties as are described by the policy statement of the Association. Top

 

ARTICLE IV - MEMBERSHIP

SECTION I - Having met all other qualifications, no applicant shall be denied membership because of age, color, handicap, national origin, race, religion, or sex.

SECTION II - Membership in the Association shall be divided into five (5) categories:

A) REGULAR - Except as heretofore provided, Regular members shall be afforded all rights and privileges of membership, including voting and holding an Association office:

  1. Peace officer regularly employed in Monterey County by the Federal Government, the State of California and Counties and Municipal subdivisions of California whose duties are defined in CA Penal Code Section 830, and who have complied with the provisions in CA Penal Code 832, and are authorized to carry a concealed weapon without a gun permit when on an off-duty status.
  2. Any retired peace officer as described in Section II, A, 1 above.
  3. The attorney who acts as Association Legal Advisor, but only during the term of that office as heretofore set forth. Top

 B) ASSOCIATE - Except as heretofore provided, Associate members shall be afforded all rights and privileges of membership, except that of holding an Association office:

  1. All persons defined in CA Penal Code Section 830 who do not qualify for regular membership. (Example: motor squad, reserves, etc.)
  2. All members of the Armed Forces of the United States assigned to law enforcement and/or investigative duties.
  3. Elected members of the State Legislature and other elected officials of Monterey County as the Board of Directors approve.
  4. Attorneys who are engaged in the prosecution of criminal cases.
  5. Full-time regularly employed person(s) who are support service employees of law enforcement agencies within the County of Monterey. (Example: communications operators, public service officers, clerical support personnel).
  6. Out of county/state residents who qualify for membership under Section II, A1, B1, B2, B3, B4, AND B5 above. Top

C) HONORARY - Except as heretofore provided, Honorary members shall have all rights and privileges of membership except that of voting and holding an Association office:

1. Those persons who do not qualify for Regular or Associate membership, as heretofore described.

2. Applications for honorary membership shall be submitted to the Board of Directors upon a form prescribed by said Board, and must be sponsored by a Regular member. The Association by a three-quarters (3/4) vote of the Board of Directors present, may elect such person(s) to Honorary membership. Honorary members will be exempt from payment of dues. Top

D) LIFE MEMBER - Except as heretofore provided, Life members shall have all rights and privileges of membership, including that of voting and holding Association office:

Any member shall have:

1) Served the Association as President with honor and distinction; OR

2) Been a Regular member and served the County with honor and distinction, and has retired; AND

3) Made a significant contribution to the Association; AND

4) Been an Association member for not less than ten (10) consecutive years up to retirement. (NOTE: Medical retirements may be exempted from the ten (10) consecutive membership requirements at the discretion of the Board of Directors.) Top

Application for Life member shall be submitted to the Board of Directors upon a form prescribed by said Board, and must be sponsored by a Regular member. The Association by a three-quarters (3/4) vote of members present at any regular meeting, may elect such person nominated by the Board of Directors. Life members shall be exempt from the payment of dues.

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E) ASSOCIATE LIFE MEMBER- Except as heretofore provided, Associate Life Members shall have all the rights and privileges of membership, and may serve on the Board of Directors except for the position of President, Vice-President, Secretary, or Treasurer.

Any member who shall have:

  1. Qualified as an Associate member and served the law enforcement community of Monterey County with honor and distinction, and has retired: AND
  2. Been an Association member for not less than ten (10) consecutive years up to retirement.

Application for Associate Life Member shall be submitted to the Board of Directors upon a form prescribed by said Board, and must be sponsored by a Regular or Life member. The board of Directors by a majority vote of members present at any regular board meeting, may elect such a person as a Life Member. Life Members shall be exempt from the payment of dues. Top

ARTICLE V - APPLICATION FOR MEMBERSHIP

Every person eligible for Regular or Associate membership, as described in ARTICLE IV, who is desirous of becoming a member of the Association shall file his application with the Secretary stating his name, office or occupation, and place of residence.

Upon receipt of the application, the Secretary shall refer the same to the Board of Directors which shall make the necessary inquiries as to his qualifications and personal fitness for membership. He shall become a member of the Association upon payment of the annual dues and majority vote of the Board of Directors present during a duly called Board of Directors meeting. In the event that the application does not receive a majority vote of approval, the applicant's name cannot be reconsidered for membership for six (6) months from the date of denial by the Board of Directors.

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ARTICLE VI - VACANCIES

Any vacancy occurring in the offices of the Association, Board of Directors, or any committee shall be filled by appointment for the unexpired term by the President of the Association, and upon approval by a two-thirds (2/3) vote of the Board of Directors.

ARTICLE VII - AMENDMENTS

Any amendment, addition, or change to the By-Laws will first be presented to the Board of Directors as new business. This will allow the Board of Directors the opportunity to discuss and prepare the amendment for presentation to the membership of this Association.

These By-Laws may be amended by the vote of two-thirds (2/3) of the Board of Directors. Prior to a vote by the Board of Directors written notice and memorandum of such amendment shall be published via the "Lawman" newsletter. Top

Any Association Member, in good standing, may present to the Board of Directors the signatures of twenty-five (25) Association Members, also in good standing, requesting that the change of By-Laws be put to the Association Membership at the next scheduled dinner meeting.

Having no objections from the Association Membership, the Board of Directors shall vote on the proposed By-Laws changes at the Board of Directors meeting in the month said changes were published in the "Lawman" newsletter.

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ARTICLE VIII - ANNUAL DUES

The annual dues of the Association shall be set by the Board of Directors and voted upon by the membership, payable in advance, within thirty (30) days after adjournment of the July meeting.

No member who is in arrears one year from non-payment of dues shall be dropped from the roll of membership; upon the payment of dues past and current, any such member may be restored to membership upon recommendation of the Board of Directors.

ARTICLE IX - MEETINGS

The meetings of the Association shall be held at such time and place as shall be determined at the previous meeting by a majority vote; provided that if, during the interval between meetings it becomes impossible or impracticable to hold the meeting at the time and place so determined upon, the Board of Directors shall determine the time and place of holding such meeting, and upon such decision by the Board of Directors notice thereof shall be forthwith given. Top

A special meeting of the Association shall be held when requested in writing by twenty-five (25) or more members or by a majority of the Board of Directors; but, in either case the request of call shall state the purpose for which a special meeting is desired, and at any special meeting no business shall be transacted except that stated in the call. Notice of the time and place of any special meeting and of the purposes for which such meeting is to be held, shall be mailed by the Secretary to each member of the Association not later than fifteen (15) days before the time of such special meeting.

Twenty-five members of the Association shall constitute a quorum for the transaction of any business. All questions and vote may be taken verbally, but when one-fifth (1/5) of the members present demand an aye or no vote, such vote shall be taken, and the Secretary shall call the roll. In such case the vote of each member shall be entered into the minutes of the Association; provided, however, that the election of officers shall be of secret ballot.

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ARTICLE X - CONDUCT OF BUSINESS

Every member who desires to offer a motion or resolution or to speak at any meeting of the Association shall first rise in his place and address the President Officer.

The following shall be the suggested order of business at each meeting of the Association:

  1. Call the meeting to order.
  2. Report of Secretary.
  3. Report of Board of Directors.
  4. Reading of communications.
  5. Suggestions for discussion and papers on special matters of consideration.
  6. Unfinished business.
  7. Reports of committees.
  8. Nominations and election of new members.
  9. New business.
  10. Program.
  11. Selection of the time and place of the next meeting.
  12. Adjournment. Top

ARTICLE XI - REMOVAL OF AN OFFICER OR DIRECTOR FROM OFFICE

When any elected or appointed Officer or Director of this Association fails to actively participate in the business of this Association for a period of three (3) months; that Officer or Director will be notified, in writing, by the President of the Association, that a hearing will be held at the next Board of Director’s business meeting to determine if that seat should be vacated. If the notified Officer or Director fails to formally address this issue, either in writing or in person, at the next Board of Director’s business meeting, that seat will be deemed to have been vacated. If a formal written reply or personal appearance is made, the Board will consider that reply, and by a majority vote of Members present, make a decision whether the seat is deemed vacant. If the seat is deemed to be vacated, the President may appoint a new Member to fill the remainder of the term.

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ARTICLE XII - SUSPENSION OF A MEMBER

Upon good cause being shown, such as continued reprimands by the President, abuse of Association privileges and rules, or noncompliance of Association By-Laws, the Board of Directors may, upon a one-half (1/2) affirmative vote of the total number of the Board of Directors, suspend any member of the Association for a period of time not to exceed six (6) months. Upon suspension, the member shall lose all rights and benefits which he has accrued from his membership in the Association.

ARTICLE XIII - EXPULSION OF A MEMBER

Upon good cause being shown, such unprofessional conduct, conviction of a crime involving moral turpitude, violence, a felony, or a serious violation of the Peace Officer's Code of Ethics, the Board of Directors may upon a three-quarters (3/4) affirmative vote of the total number of the Board of Directors expel any member from the Association. Upon such expulsion, the member shall lose all rights and benefits he has accrued from his membership in the Association. Top

ARTICLE XIV - OPERATING POLICY

The Board of Directors may adopt an operating policy for the orderly conduct of the business of the Association. Said policy can be changed from time to time by a two-thirds (2/3) vote of the Board of Directors providing such change is not in conflict of the By-Laws of the Association.

When any question of parliamentary law shall arise which is not expressly or impliedly provided for by the Articles and By-Laws of the Association, the Presiding Officer shall be governed in his decision by the provisions of "Robert's Rules of Order".

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____________________________________
PRESIDENT John DiCarlo

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SECRETARY Steve Villegas

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