Loading...
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 - 2 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. -2- 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. -5- 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.