HomeMy WebLinkAboutRES NO 45-89RESOLUTION NO. 45-89
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING THE BAKERSFIELD FIRE-
MAN'S LABOR ORGANIZATION (BFLO) AS THE NEW
EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES
IN THE FIRE AND FIRE SUPERVISORY UNITS.
WHEREAS, the Fire and the Fire Supervisory Units
presented a petition to the City of Bakersfield for decertifi-
cation, stating they no longer desired to be represented by the
California Teamster:~ Public, Professional and Medical Employees
Union, Local 911 and the Bakersfield Fire Supervisory Association,
Inc., and
WHEREAS, the Fire and the Fire Supervisory Units requested
by Petition to the City of Bakersfield's designated authority, to
recognize the Bakersfield Fireman's Labor Organization (BFLO) as
the majority representative of the employees in these ]Units; and
WHEREAS, an election by secret ballot was held on March
10, 1989; and
WHEREAS, the election determined that the employees in
these Units wish to be represented exclusively by the Bakersfield
Fireman's Labor Organization.
NOW, THEREFORE BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
The election is approved as it was held, and ,effective
March 29, 1989, the Bakersfield Fireman's Labor Organization
(BFLO) is accepted as the new exclusive representative. of the Fire
and Fire Supervisorf Units.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on __March 29, 1989 , by
the following vote:
~¥ES: COUNCILMEMBERS: J~R~, DeMi)NO, SM11H, RAT~¥, P[]cQSON, McOERMO~ ~L~AGGtO
NOES: COUNCILMEMbERS: ~oDe
ABSENT: ~OUNCt~EMBERS: Childs
AB~A[NING: COUNCILMEMBERS: Non~. ._. _ .~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED 5{arch_29, 1989
MAYOR of the City of Bakersfield
APPROVED as to form:
....
LTC: 1 g ~./ ~/"
R RES 5
RESFIRE1-2
3/16/89
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BAKERSFIELD FIREMAN'S LABOR ORGANIZA¥ION
BY-LAWS
PREAMBLE
We, the members of the Bakersfield Fireman's Labor Organization,
hereafter known as BFLO, in order bhat we may have a better
department, closer bond of fellowship, and provide for the
Members thereof, do establish this document to set forth the
guidelines and rules of o~tr organization.
ARTICLE I
PURPOSE
The purpose of BFLO is to bind us together in closer bond of
fraternity for mutual protection, to aid each other in sickness
and distress, to foster harmony and good fellowship among the
Members of this organization, and to represent us in employee
relations with the City.
For the purpose of contact
relabions, BFLO shall have
(1) Fire Cap~,ains Group to
(2) Fire figh'bers
engineers.
negotations and employer-employee
two Standing Committees:
represent all Captains, and
Group to represent all firefighters and
ARTICLE Ii
MEMBERSHIP
SECTION A ACTIVE MEMBERSHIP
All sworn employees of the Bakersfield City Fire Department
(hereafter known as BFD) are eligible for active membership
in this organization. No one shall be restricted from membership
due to or based on race, color, creed, sex or national origin.
Active membership commences upon payment
if any, and the first installment of dues.
shall have the privilege of holding office
sharing or participating in the affairs or
organization, provided that they shall not
of the initial fee,
All active Members
in, voting and/or
benefits of this
be delinquent.
Members who fail to pay dues or assessments more than ninety
(90) days after s~ch become due shall be considered
delinquent and shall not be entitled to participate in the
affairs or benefibs of this association, ~or shall they have
the privilege of voting. The Board of Directors shall have
discretionary power to waive such delinquency upon paymenb of
all delinquent dues and assessments.
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SECTION B - RETIRED MEMBERSHIP
All active Members of this organization who terminate their
employment with the Bakersfield City Fire Department whether by
service retirement, disability retirement, nonservice connect~ed
disability retirement, or resignation of employment, under
honorable conditions, shall be eligible, upon the majority vote
of the Board of Directors, to be retained on the retired
membership list of this organization, and shall have the right
to attend all general meetings of this organization and its
affairs or programs. They shall have the right to hold
appointive office in this organization but shall not have the
right to vote or hold elective office.
SECTION C - HONORARY MEMBERSHIP
Any reputable persons may become an honorary Member
organization upon the majority vote of the Board of
upon such limitations as are designated by the Board of
Directors, but such honorary Member shall not be entitled
hold any office or vote.
of this
Direc ~,ors,
to
-3-
ARTICLE
ORGANIZATIONAL STRUCTURE
SECTION A - ELECTIVE OFFICERS
The elective officers of this organization shall con,~i~t of
seven (7) Directors who will constitute the Board of Directors of
this organization (hereafter called the Board). They shall among
themselves within 10 days after a~ election has been certified
select each of the following:
1. Presiderib
2. Vice-President
3. Secretary
4. Treasurer
Each elective officer shall have one (1) vote oR the Board.
TERM OF OFFICE, RECALL, VACANCY
The Directors of BFLO shall be elected for a term of four (4)
years wibh three (3) Members being elected in even-numbered years
and four (4) Members being elected in odd-numbered years, excepting
in the year of the a(~op'bion of these By-Law~-~.
-4-
If any Membe'r of the Boa'rd shall 'resign as a Director or sinall
te'rr~:Lnate his employment, then his o'ffice sball be cleo?meal vacant
and the office shall be deemed
appoint any eligible Member to
vacant and the Preside~rb shall
'rill the term of the vacated
the majority of 'the Board.
Active Members of BFLO may 'recall any elective o'r appointive
offioe'r by submitting, in w'riting~ a petition signed by not less
than 15 voting Members of BFLO req~esting that the named
office'r o'r officers be removed from office. Said petition shall
submitted to the Board and, upon 'receipt thereof, the President
(3) w~ting Members,
shall appoint a committee of not less than
not more 'than two (2) of which signed said
committee shall, within three (3) days of
three
petition. Said
its creation prepare
a secret ballot to be dist'ributed to all voting Members. Said
ballot shall centain the name of tile officer wbo is being subjected
to recall, bis office, and the words "Shall tbe above named
officer be recalled? Yes No " Said committee shall collect
all secret ballo'bs and, in the presence of each other and the
President a~'~d one member elected by tbe officer subjec'bed to recall,
they sball open each ballot separately and 'tally the same. The
'recall shall fail with less than a two-third (2/3) majority of
active Members carried on the membership 'roster shall vote in the
affirmative.
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SECTION B - APPOINTED
All appointive officers shall
Their appointment, as well as
of a majority of the Board.
OFFICERS
serve at the pleasure of the President.
dismissal, must be with the concurrence
Dismissal of an appointive officers can be for any cause whatsoever
and need not be for the dereliction of duty or malfeasance in office.
The vacancy of any appointive office may be filled by the President
in the saf~e manner as an original appointment. The term of office
of all appointive officers shall expire upon the installation of a
~ew President, and, in no event shall any appointive officer hold his
office for i~ore than four (4) years unless he is reappointed to office
ARTICLE IV
POWERS AND DUTIES
SECTION
The
all
A BOARD OF DIRECTORS
Board of Directors shall have all powers necessary
purposes of this organization.
1. Board Meetings: The Board shall meet quarterly
and place designated by a majority of the Board
their last meeting.
special meeting is
Board.
to carry out
at the time
members atr
No other notice is necessary unless a
called prior to 'the date selected by the
Quorum: Four (4) Members including the Premid~nb, or the
Vice-President acting in his place, of the Board shall
constitute a quorum of the Board.
Voting: A majority vote of a quorum of the Board shall
govern. The President and/or Vice-President shall have full
voting rights and shall be part of a quorum.
4. Minutes: Minutes shall be kept of all Board meetings.
5. Agenda: The Board shall adhere to the following agenda
at each meeting:
a. Roll Call
B. Reading of Minutes of previous meeting
c. Seeretary's Report
d. Treasurer's Report
e. New BLtsiness
f. Old Business
g. Additional business from any Director
h. Additional business from any Member
i. Adjournment
6. Representation: The Board shall select representatives
or delegates to attend organizational functions which are
deemed relevant to the purposes of this organization.
7. Attendance: The office of Director shall be deemed vacant
if any Direc'~or is absent for three (3)
meetings, unless his absence is excused
of the Board.
consecutive Board
by a majority vote
8#
General Duties:
a. The Board shall appoint the following Standing Committees
for labor representation i~urposes:
l) Captains Group to represent all Captains
2) Firefighters Group to represent all firefighters
and fire engineers.
a. In all cases of suspension or termination of employment
from the BFD or any Member or members of the BFLO,
the Board shall, upon request, investigate the
facts ~nd circumstances surrounding the suspension
or termination of Employment, and may, after due
deliberation, lend such assistance as is reasonable.
The maximum assistance shall be limited to $5,000 or
one-third of the treasury, whichever is less.
b. The Board shall, in matters they deem a~ urgent c~r of
an emergency nature, take immediate action on any and
all matters that adhere to the avowed purposes of 'the
Articles of the organization, unless otherwise so
stated by these By-Laws.
c. The Board shall be responsible for maintaining the fiscal
soundness of BFLO. They shall endeavor, to the best
of their ability, to maintain the expenses of this
organization within the limits of is income.
d. It shall be the du~y of' the Board I~o co~duct the fiscal
affairs of this organization in such a manner so as to
anticipate reasonable emergency expenditures not
provided for in the budget, and to provide a savings
reserve fund to meet these emergencies.
e. Each Director of the Board shall be familiar with the
Articles and the By Laws of BFLO and each member shall
devote his energies to promote its purposes.
SECTION B - DUTIES OF THE'PRESIDENT
The following shall constitute the duties of the President of
· the Board:
1. Preside over all meetings of the Board and preside at and
conduct the business of all regular and special meetings
which may be called by the Board.
2. Act as spokesman for the Board in all matters in which the
Board is authorized to act.
3. Make a report of Board meetings and activities at each
general or special meeting of the membership.
4. Preside over any and all special committees he deems
necessary to appoint, unless he shall a
chai'~man appointed by him.
delegate this duty to
6m
With the concurrence of the majority ~f the Board
represent BFLO in matters affecting the general membership or
any particular Member concerning the general or specific
problems in any way connected with I~he Bakersfield Fire
Department where the welfare of any Member oc Members of this
organization or BFLO itself is involved, including the
presentation of proposals to the City Administrative Officer
and/or City Cou~cil,
concerning salaries,
Assist the Secretary
and/or Chief of the Fire Department
working conditions or grievances.
and Treasurer in proper acknowledgment
and recording of correspondence and proper accounting of all
assets of BFLO.
Direct the Treasurer to pay all sums of money needed to
maintain the expenses of this association, limil~ed to
expenditures
Designate as
out the aims
officer designated, the President shall
and responsibilities of the officer.
allowed in the budget.
many officers as he deems necessary to carry
and programs of this organization and for each
set forth the duties
SECTION C DUTIES OF THE VICE-PRESIDENT
The following shall constitute the duties of
o~ the Board:
Act as President pro-tem during
President and carry ou~ all of
the Vice-President
the absence of the
the duties of th(~ President
during such absence.
the Secre'bary of
SECTIOI~I D - DUTIES OF THE SECRETARY
The following shall constitute the duties of
the Board:
Maintain the records of BFLO, prepare and log the
min~tes of all meetings, regular or special, of the
Board or membership meetings.
2. Present all correspondence to the Board at regular
meetings, or if of special significance, relay
information to the President immediately.
Be the custodian of all records and files of BFLO and
be responsible for seeing that the By-Laws, when
amended, modified, changed, or deleted in any manner are
kept current.
4. Post all notices of all general meetings of BFLO with
such notices containing the time, date and place
as well as any special items to be brought before
the membership.
5. Distribute, collect and tabulate all ballots and
record the results of all voting and elections concerning
this organization. Tabulation of votes shall be made
in the presence of two (2) Board Members in addition to
the Sc~cr~tary, both of whom shall certify the correct-
ness of the tabulation.
SECTION E DU;'IES O.~ THE TREASURER
The following shall constitute the duties of the
the Board.
Treasu'rer of
1. Upon taking office, shall take receipt f'or all
personal property of BFLO delivered by his predecessor,
and forthwith deliver to the President an inventory of
such property.
2. Collection and receipt of all income to BFLO, whether
initial dues, fees, donations or other income
whatsoever. All monies shall be properly accounted
for and receipted for, and such monies, except for
petty cash, shall be maintained in banks or other
financial institutions no later than the fifth
banking day after receipt of same.
3. Payment of all orders, charges and expenses ~f BFLO as
directed by the President when presented with a
voucher signed by the President and at last one other
other Member of the Board. Regular recurring expenses
may be paid upon a single voucher which shall be valid
until the installation of a new President.
4. Preparation of a financial report for each meeting
of the Board and for each general membership meeting.
Said financial report to contain no less 'than a listing
of cash assets, depository of cash assets,
and source, re(~eived si~ce last financial
nature and amounts of all disbursements.
report, and
Any expense of BFLO over $5,0~0, or 1/3 of L~he total
Tceasury, whichever is less, must be passed by a
majority vote ~f the general Membership.
All books, accounts and
for audit at all times.
properly designated and
of personal
o f BFLO.
records shall be in ~ondi~ion
All accounts shall be
there shall be no co-mingling
or ~on-association assets with the assets
ARTICLE V
STANDING COMMITTEES
There shall be two
1. Captains Group
appointed
Standing Committees:
this committee shall consist of three Captains
by the Board of Directors. This Committee
represent all Captains in labor negotiations and other
other employer-employee relations.
Firefighters Group - this committee shall consist of four
members appointed by the Board of Directors from the
ranks of fire engineers and firefighters. This committee
shall represent fire engineers and firefighters in
labor negotiations and other employer-employee relateions.
AR T~ICLE VI
RULES OF PROCEDURE
Robert's Rules of Order shall govern the rules of
this organization.
procedure of
ARTICLE VII
MEETINGS
SECTION A - GENERAL MEETINGS
There shall be at last three (3) general meetings in each year
o~ the dates selected by the President. These meetings are as
follows:
1. Nomination of officers
2. Installation of officers
3. General welfare of Membership
All general meeti~gs shall be held at a location specified by
the Board.
SECTION B - SPECIAL MEETINGS
Special meetings of BFLO may be called by the President as he
deems necessary. W'ritten notice shall be placed in each fire
department station stating the date, time, place and subject of
each special meeting. The President must call a special
meeting within 10 days after receiving a request for such a
meeting signed by ab last 15 voting members.
SECTiOM C - QUORUM
A Quorum shall exi'~t when a properly notice~J meeting
I~o order and a roll call has been made.
SECTIOI~I D - ORDER OF BUSINESS
The order of business for all~ meetings of the general
Membership of BFLO shall be as follows:
Call to order
2. Reading of Minutes of last meeting
3. Report of the Secretary
4. Report of the Treasurer
5. Report of the Directors
6. Reports of Committees
Unfinished or old business
8. New business
9. Business concerning BFLO that any Member wishes
discuss.
Adjournment
is called
to
ARTICLE VIII
VOTING
SECTIOI,I A VOICE VOTE
All vetlog or balIoting of this
vote, except in such matters as
organization shall be by voice
the President shall so require.
SECTION B SECRET BALLOT
When a voice note is not permitted pursuant 'to the precediog
section, a secret ballot shall be used. Secret ballots shall
be prepared by the Secretary with the assistance of the
P'resident. The Secreta'ry shall then dist'ribute a ballot to
every eligible votiog Member unless such eligible vetlog Membe'r
is absent for more than five days after the secret baliLot has
beeo called fer. The President may require that each secret
ballot be receipted for and each ballo'b placed in a plain
eovelope signed by each voting Member. It shall be the duty of
the Sec'retary to collect all secret ballots and, if 'receipts o'r
envelopes have been required, he shall preserve these items
until two weeks after the vote has beeo certified.
ARI'ICLE
DUES AND ASSESSMENTS
SECTIOI,I A -- DUES
Dues of BFLO shall be $10 per pay period. Adjustment may be
made at any time by a majority of the vote of the Membership a't
a general meeting.
SECTION B - ASSESSMENTS
Assessments on the Members of BFLO
a regularly noticed special meeting has been held fo'r
purpose. A two-thirds vote of the Membership present
control.
shall only be permitted after
th i s
sha].l
ARTICLI£ X
AI~Ii'~i'IDMIEI'IT OR REI:~EAL
These By-Laws may be amended, modified, changed o'r 'repealed in
whole or in part by a two-third (2/3) vote of the eligible
Membership of BFLO in accordance with these By-Laws, provided
that notice of the proposed amendment,
'repeal has been posted on the bulletin
station for a minimum of 14 days prior
modification, change or
boa'rds of each 'fire
to balloting.