Article 1: Name and Headquarters

1. This Union shall be known as the Delta Township Firefighters Union.

2. The headquarters of this Union shall be located at 811 North Canal Road, City of Lansing, County of Eaton, State of Michigan, zip code 48917.

Article 2: Purpose

The purpose of this Union shall be:

1. To foster and promote a better understanding of the nature of fire suppression and emergency medical services among public employees, officials and the public to promote the professionalization of fire and emergency medical services.

2. To work for the establishment of fair wages, hours, working conditions, adequate retirement and disability pensions, and social and economic advancement through collective bargaining and other means available to public employees.

Article 3: Membership

1. Any full-time paid employee of the department engaged in firefighting or related emergency medical services, including all members below the rank of Fire Chief, shall be entitled to active membership in the Union.

2. All applicants for membership may be required to fill out an application provided by the Union.

Article 4: Initiation Fees, Dues and Assessments

1. The initiation fee shall be one hundred dollars ($100.00), and the bi-monthly dues shall be twenty-five dollars ($25.00), payable through payroll deduction. Said deduction shall be decided upon by a majority of the membership present at any regular membership meeting or any special meeting called for such purpose provided that any proposed increase in dues shall be posted on the Union bulletin boards for at least fifteen (15) calendar days prior to any such meeting.

2. The membership, by a majority vote of the members present at any regular or special meeting, may levy an assessment provided that notice of any proposed assessment shall be posted on the Union bulletin boards at least fifteen (15) calendar days prior to any such meeting.

Article 5: Officers

1. The Officers of this Union shall be elected from and by the membership of this Union by secret ballot at the first general membership meeting held after conclusion of collective bargaining and ratification of the Union Contract. A special nominations meeting may be called prior to the election meeting in accordance with the requirements of Article 9. Officers shall take office mmediately at the close of the meeting at which they are elected and shall serve until the conclusion of collective bargaining and ratification of the next Union Contract, or until their successors are duly elected and qualified.

2. Officers of this Union shall be as follows:

A. President
B. Vice President
C. Secretary / Treasurer
D. Sergeant at Arms

3. Duties of the President: The President shall preside at all membership meetings of the Union and of the Executive Board, enforce the rules, appoint all committees not otherwise provided for, and transact the other duties that are usual to the Office of the President or as may be required by the membership. He/she shall be an ex-officio member of all committees and shall make a report of each meeting.

4. Duties of the Vice President: The Vice President shall assist the President in the discharge of his/her duties and, in his/her absence, the Vice President shall perform the duties of the President.

5. Duties of the Secretary/Treasurer: The Secretary/Treasurer shall keep a correct record of the meetings of the general membership and of the local Executive Board meetings. He/she shall handle all correspondence in the name of the Union. He/she is also responsible for all financial matters and dues records, and shall make a financial report at every meeting of the membership. He/she shall have all checks drawn on the treasury of this Union and deposit all dues and other funds received in the name of this Union inot the bank provided, however, that all checks drawn on the treasury exceeding the sum specified in Article 15, Section 2 must be authorized by the President.

6. Duties of the Sergeant at Arms: The Sergeant at Arms shall maintain order during Union meetings in accordance with both the Constitution and Bylaws and Roberts Rules of Order, and will clarify/interpret applicable procedural matters as required. He/she will conduct the Pledge of Allegiance at each meeting. He/she will also compile a sign-in sheet of members present at each meeting for submittal to the Secretary/Treasurer.

Article 6: Annual Audits

1. The fiscal year of this Union shall begin on January 1 and continue through December 31. It shall be the duty of the Treasurer and the (3) newest Union members to cause an annual audit of the books and financial affairs of the Union. The Treasurer and designated members will report the results of said audit at the next general or special membership meeting.

2. If the audit reveals discrepancies in the financial affairs of the Union, any corrective action(s) taken shall be based on the recommendations of the Firefighters Association of Michigan attorney(s).

Article 7: Executive Board

1. The Executive Board of this Union shall consist of the President, Vice President, Secretary/Treasurer, the Sergeant at Arms and three (3) other members elected at large by the membership. These members will be elected at the first general membership meeting held after conclusion of collective bargaining and ratification of the Union Contract. A special nominations meeting may be called prior to the election meeting in accordance with the requirements of Article 9.

2. Each of the three (3) members elected at large to the Executive Board must be selected from different duty shifts to ensure equal representation. If nominations fail to produce candidates from each duty shift, the vacant Executive Board position(s) will default to the Steward(s) of the affected shift(s).

3. The Executive Board shall be responsible for the affairs of the Union between the meetings of the general membership including, but not limited to, grievances, committee matters, finances and donations in accordance with Article 15, family/funeral assistance, and time-sensitive emergency matters which must be resolved without the customary fifteen (15) calendar day posting. It shall execute the orders of the membership and recommend action to the membership. It shall hold regular meetings at least one (1) week prior to each general membership meeting at a place to be determined by the President. The President may call a special Executive Board meeting at his/her discretion and must do so upon the written request of any two (2) Executive Board members.

4. Executive Board meetings are closed-door sessions and are typically not open to the general membership. However, Executive Board members may specifically invite or otherwise request individual Union members to attend.

5. At least four (4) members of the Executive Board must be present to constitute a quorum. No member of the Executive Board may vote by proxy. The President will abstain from voting except in the event of a tie.

6. If shift changes place two (2) or more Executive Board members (excluding the President, Vice President, Secretary/Treasurer, and Sergeant at Arms) on the same duty shift, the affected member(s) must resign their Executive Board position(s) by mutual agreement to maintain one (1) Executive Board member per duty shift. If the affected members cannot reach a mutual agreement, the transferring member(s) must resign their Executive Board position(s) to maintain one (1) Executive Board member per duty shift. Vacancies will be filled with the Steward(s) of the affected shift(s) whenever possible.

7. In the event of a vacancy in any office, including the Executive Board and not addressed in Section 6, the Executive Board shall have the right to appoint a person(s) from the membership to fill said vacancy until an election is held. Nominations will be held open for at least fifteen (15) calendar days.

8. Union Officers may not serve as primary/exclusive Stewards for their duty shift and potentially occupy two (2) seats on the Executive Board. In the absence of an elected Steward(s) on a duty shift(s), a Union Officer(s) may serve as interim Steward(s) for the affected shift(s) until a temporary replacement is appointed in accordance with Section 7 of this Article and subsequent elections are held in accordance with Article 9.

Article 8: Absentee Voting

1. Members in good standing unable to attend a collective bargaining agreement, bylaw change, or officer election vote may obtain an absentee ballot from the Secretary/Treasurer up to seven (7) days prior to the vote in accordance with the following provisions:

2. The Secretary/Treasurer or his/her designee will issue all absentee ballots.

3. All ballots must be printed on official Delta Township Firefighters Union letterhead and delivered to absentee voters in an unsealed Delta Township Firefighters Union envelope.

4. The absentee voter shall seal the completed ballot in the envelope provided, sign/endorse across the seal the ensure integrity, and return in to the Secretary/Treasurer.

5. Completed absentee ballots must be submitted to the Secretary/Treasurer prior to the start of the meeting. Ballots submitted after the meeting is called to order will not be counted. The Secretary/Treasurer will maintain a complete record of all absentee ballots issued, returned by absentee voters, and those not submitted by the specified deadline.

6. Once all absentee ballots have been reconciled against the ballot record, Secretary/Treasurer shall open the sealed envelopes and deposit the completed ballots directly into the ballot box under the supervision of the appointed tellers. Votes shall then be tallied in accordance with the applicable provisions of Articles 9, 10, and 19.

7. Absentee votes shall count towards the quorum only for a collective bargaining agreement, bylaw change, or officer election vote.

Article 9: Election of Officers

1. All Officers, Executive Board members and Stewards elected at the first general membership meeting following the conclusion of collective bargaining and ratification of the Union Contract must be elected by secret ballot by a majority vote of the members present. The incumbent President shall abstain from voting except in the event of a tie.

2. Upon completion of collective bargaining and ratification of the Union Contract, the incumbent President may call a special meeting to nominate members for election to office or to the Executive Board.

3. Candidates for election to an office or to the Executive Board need not be present at the nomination meeting preceding the election meeting specified in Section 2 of this Article. All persons nominated must be in good standing in this Union.

4. All nominees shall, within ten (10) calendar days of the nomination meeting, notify the Secretary, in writing, whether they accept or decline the nomination. Nominees present during the nomination meeting may offer verbal declinations and acceptances during said meeting in lieu of written responses.

5. The membership shall select the three (3) newest members present at the nomination meeting to serve as tellers and conduct elections in an honest and secret manner. Any nominee or candidate for office is ineligible to act as a teller. The tellers shall be in full and complete charge of the election.

6. At least fifteen (15) calendar days prior to the election of Officers, Executive Board members and Stewards as specified in Section 2 of this Article, the Secretary shall post the time and place of the election on the Union bulletin boards.

Article 10: Grievances and Contract Ratification

1. Grievances shall be processed in accordance with the applicable contract or regulations between the Employer and the Firefighters Association of Michigan.

2. Contracts negotiated by the bargaining committee must be voted upon at a meeting called for the purpose of considering ratification. Ratification must be by a two-thirds (2/3) majority vote of members present at said meeting in accordance with Article 13.

Article 11: Impeachment and Removal of Elected Officers

1. Any elected Officer, Executive Board member, or Steward shall be subject to impeachment and removal from office for violation of this Constitution and Bylaws, Union Contract, or if found guilty of a breach of trust, incompetence, or other conduct detrimental to the best interests of this Union.

2. Charges against any elected Officer, Executive Board member, or Steward shall be submitted to the Executive Board in writing, signed by the member making the charges and one (1) additional Union member. Both members must be in good standing with the Union.

3. Immediately upon receipt of written charges, the Executive Board must post notice that charges have been levied against an elected Union official and that the matter will be presented at the next regular or special Union meeting. Said notice must be posted on the Union bulletin boards at least fifteen (15) calendar days prior to any such meeting, and may not include the name or office of the accused official.

4. The Executive Board will review the complaint at its next regular or special meeting and evaluate the merit of the charges. The elected Officer, Executive Board member, or Steward charged may attend the meeting to defend/justify his/her actions, but may be asked to leave the meeting to permit open discussion among the Executive Board members. The Executive Board will determine the legitimacy of the charges by a simple majority vote. The charged elected Officer, Executive Board member or Steward will abstain from voting. The President will abstain from voting except in the event of a tie.

5. The Executive Board will present its findings at the next regular or special membership meeting, which meets the posting requirements of Section 3 of this Article. The Executive Board’s report must include a formal reading of the written charges, in their entirety, to the general membership. The matter will be open for discussion following the Executive Board’s report, and, if so moved by the membership, the charged elected Officer, Executive Board member or Steward may be removed from office by a two-thirds (2/3) majority vote of the membership present. The charged elected Officer, Executive Board member or Steward will abstain from voting.

Article 12: Union Meetings

1. Regular meetings of the membership shall be held at least once every other month, at a time and place to be set by the Executive Board.

2. Special membership meetings shall be called when deemed necessary by the Executive Board, and the President must call a meeting upon a written request of any five (5) members in good standing. Notice of special meetings must be posted on the Union bulletin boards at least fifteen (15) calendar days prior to any such meeting.

3. Fifty-one percent (51%) of the total membership shall constitute a quorum for the transaction of business at any regular or special meeting. No member may vote by proxy. Absentee votes shall count towards the quorum only for a collective bargaining agreement, bylaw change, or officer election vote in accordance with Article 8. The President shall count towards the quorum, but will abstain from voting except in the event of a tie.

4. If a quorum cannot be established due to emergency runs or insufficient attendance, members present may discuss Union business but cannot vote or offer motions.

Article 13: Bargaining Committee

1. The President, Vice President, and one (1) Firefighters Association of Michigan attorney/representative shall act as the Union bargaining committee

2. The duties of the Union bargaining committee shall be as follows:

A. To present grievances to the Employer
B. To coordinate Union activities among the members
C. To conduct negotiations on behalf of this Union with the Employer and report the results of those negotiations to the membership for final approval
D. To make recommendations to the membership for improvement of the economic position of the membership

3. Members may submit, either verbally or in writing, potential bargaining demands for consideration at a general meeting called for such purpose. Notice must be posted at least fifteen (15) calendar days prior to any such meeting. The membership will discuss, approve/dismiss and prioritize individual bargaining demands by simple majority votes of the membership present. The final list of bargaining demands must be approved by a two-thirds (2/3) majority vote of members present before submission to the Employer.

4. The bargaining committee shall have the authority to limit the number of potential bargaining demands at its sole discretion based upon the circumstances surrounding negotiations, but must specify such limits during the election meeting and must observe the priorities determined by the general membership as specified in Section 8 of this Article. The bargaining committee shall further set up procedures for the formulation of bargaining demands not otherwise specified in this Article.

5. The bargaining committee shall enjoy prudent and reasonable latitude to amend, alter or concede the agreed upon list of bargaining demands during the course of negotiations for the purpose of reaching a tentative agreement with the Employer, provided that such amendments are consistent with the intentions of the original demands, and in the best interest of the Union. Members of the bargaining committee may be called upon to explain such amendments and/or concessions prior to contract ratification.

6. All bargaining demands, concessions, counter-offers and/or tentative agreements reached during negotiations and recommended by the bargaining committee must be approved by a two-thirds (2/3) majority vote of members present. The President may call a special meeting for membership approval of these items, but notice must be posted on the Union bulletin board at least fifteen (15) calendar days prior to any such meeting.

Article 14: Order of Business

1. The order of business at all regular or special meetings shall be conducted according to Roberts Rules of Order and shall be in the following order, except that the President may deviate from the order of business either in the absence of any objections from a majority of the membership in attendance or motion and majority vote by the membership in attendance.

a. Roll call of officers

b. Reading of the minutes

c. Financial report

d. Communications

e. Reports of Officers, Executive Board, and committees

f. Unfinished business

g. New business

h. Adjournment

Article 15: Finances

1. A majority vote of the total membership of this Union at a properly held meeting shall be necessary to authorize the payment of any salary, wage, or other compensation to any Officer or Executive Board member provided, however, that this shall not apply to reimbursement for out-of-pocket expenses resulting from activities on behalf of the Union except as limited by Section 2 of this Article. The President shall abstain from voting except in the event of a tie.

2. The Treasurer, in conjunction with the President, shall be authorized to expend on behalf of this Union funds in an amount not exceeding the sum of one hundred fifty dollars ($150.00) provided, however, that where a specific act has been approved by the membership, and such necessitates the payment of fees or expenses, specific authorization by the Executive Board or the membership shall not be required.

Article 16: Gifts and Flowers

1. The Secretary/Treasurer shall send flowers to the either the funeral home, visitation, or memorial services for any of the current or retired Union member's immediate family members.

2. For the purposes of this article, immediate family members shall include: current spouse, child, parent, sibling, grandparent, step-parent, stepchild, spouse's parent, or any other dependent who currently/permanently resides in the member's household.

3. The Secretary/Treasurer shall send flowers to current Union members upon the birth of or legal adoption of a child.

4. The affected Union member may request a monetary donation instead of flowers.

5. Flower purchases/monetary donations shall not exceed $75.00 unless authorized by a two-thirds (2/3) majority of the Executive Board.

6. Union members in good standing may verbally petition the Executive Board to send flowers and/or monetary donations to funeral services of non-immediate family members or any local firefighter, police officer, or emergency services provider not associated the this Union. Such a request will be reviewed on a case-by-case basis and must be approved by a two-thirds (2/3) majority of the Executive Board.

7. In the event of the death of and current or retired Union member, the Secretary/Treasurer shall purchase and present an American flag to the member's surviving spouse or child.

8. The Union membership, elected Officers and Executive Board members shall be saved harmless if not properly informed of an applicable funeral, birth, or adoption as spcified by this Article.

Article 17: Agreement with Union Contract

3. Should any portion(s) of the Constitution and Bylaws contradict or otherwise conflict with the Union Contract in any way, the Union Contract shall take precedence and nullify the conflicting item(s) within the Constitution and Bylaws.

4. The Union Contract shall only nullify the conflicting portion(s) of the Constitution and Bylaws. The remainder of the document shall remain in full effect as adopted.

5. Any conflicting/nullified portion(s) of the Constitution and Bylaws may be amended, altered or revised to agree with the Union Contract in accordance with Article 18.

Article 18: Amendments and Approval

1. This Constitution and Bylaws may be amended, altered or revised by an affirmative vote of two-thirds (2/3) of the Union membership present at any regular or special meeting (in accordance with Article 8)provided that notice of potential Constitution and Bylaws amendment is posted on the Union bulletin boards at least fifteen (15) calendar days prior to any such meeting.

2. This Constitution and Bylaws were approved and adopted by a two-thirds (2/3) majority vote of the members present at a meeting of this Union held on the ____ day of ____________, 20___.