HomeMy WebLinkAbout05.I- Human Resources RESOLUTION(ID#2599) DOC ID: 2599
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Personnel
From: Allen Parker NI/CC Meeting Date: 08/05/2013
Prepared by: Linda Wynn, (909) 384-5161
Dept: Human Resources Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the City
of San Bernardino Police Management Association's Unit Modification Petition to Expand Its
Representation to Include the Position of Assistant Police Chief(P-6). (#2599)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On July 11, 2013,the Personnel Committee recommended this item to be forwarded to the
Mayor and Common Council for adoption.
On July 1,2013,the Mayor and Common Council referred this item to the Personnel Committee
for review.
On November 17,2008,the Mayor and Common Council recognized the San Bernardino City
Police Management Association(PMA) as the majority representative for the Police
Management Unit.
Background:
On November 17, 2008,the San Bernardino City Police Management Association(PMA)was
recognized by the Mayor and Common Council as the exclusive representative of Police
Captains and Police Lieutenants for the purpose of employer-employee relations.
On February 25,2013,PMA submitted a unit modification petition to expand its representation
to include the position of Assistant Police Chief(P-6). Since the petition met the requirements of
the City's Employer-Employee Relations Resolution,the Human Resources Department is
recommending that the petition be accepted and that the Resolution be adopted accepting the said
amendment and continuing PMA as the exclusive representative of Police Captains, Police
Lieutenants, and Assistant Police Chief for the purpose of employer-employee relations.
On July 1, 2013,the Mayor and Common Council referred this item to the Personnel Committee
for further review. As a result,the Human Resources Department surveyed several local cities to
not only determine which group represented its Assistant Chief of Police,but also to determine
other positions that were represented within that group. This information was provided to the
Personnel Committee on July 11, 2013, at which time the Committee recommended this item to
Updated:7/23/2013 by Linda Sutherland
2599
be forwarded to the Mayor and Common Council for adoption. A summary of the findings are
attached.
City Attorney Review:
Supporting Documents:
reso 2599 (PDF)
Petition PMA 7-1-13 (PDF)
Asst Chief of Police PMA Request (PDF)
Police Fire Benefits Survey (PDF)
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Updated:7/23/2013 by Linda Sutherland Packet Pg.21
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1 RESOLUTION NO.
2 (RESOLUTION OF THE MAYOR AXND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE CITY OF SAN BERNARDINO POLICE
3 MANAGEMENT ASSOCIATION'S UNIT MODIFICATION PETITION TO EXPAND
ITS REPRESENTATION TO INCLUDE THE POSITION OF ASSISTANT POLICE
4 CHIEF(P-6)
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5 WHEREAS,on November 17,2008, the Mayor and Common Council recognized the
6 San Bernardino Police Management Association as a separate bargaining unit to negotiate terms c
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7 and conditions of employment for unit members with the City;and r
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8 WHEREAS,in accordance with the City's Employer/Employee Relations policy as set Q
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forth in Resolution Nos. 10584 and 10585,the Petition for Recognition was found by the a
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designated City Representative to be in compliance with Section 9(A) of Resolution No. 10584; a
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and .2
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WHEREAS,the City is bringing forward this resolution to continue recognition of the y
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San Bernardino Police Management Association in accordance with applicable statutes and City
15 policy; and
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16 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON d
17 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a°
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18 SECTION 1. The City hereby finds that the Unit Modification Petition is in compliance N
19 with the requirements for such petition and that the proposed unit, comprised solely of full-time N
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20 peace officers in the P-4 (Lieutenant), P-5 (Captain)and P-6 (Assistant Police Chief)
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classifications, is an appropriate unit.
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SECTION 2. The City hereby formally recognizes the San Bernardino Police a
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Management Association,consisting of the classifications set forth in Section 1 of this
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25 Resolution, as the majority representative of the employees in such bargaining unit for purposes
of representing them in their employment relations with the City,
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE CITY OF SAN BERNARDINO POLICE
2 MANAGEMENT ASSOCIATION'S UNIT MODIFICATION PETITION TO EXPAND
ITS REPRESENTATION TO INCLUDE THE POSITION OF ASSISTANCE POLICE
3 CHIEF(P-6)
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof,
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6 held on the day of ,2013, by the following vote,to wit: 2
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7 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
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8 MARQUEZ a
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15 Georgeann Hanna, City Clerk
16 The foregoing Resolution is hereby approved this of , 2013. d
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Patrick J. Morris,Mayor M
18 City of San Bernardino Ln
19 Approved as to form:
20 JAMES F. PENMAN, o
City At rney
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By: P��,-�� E
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RECEIVED
San Bernardino Police Management Associa '
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CITY CF 5 A N PERNA-�-'
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February 21, 2013 v
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City of San Bernardino a
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Diana Leibrich
300 N. D Street
San Bernardino, CA 92401 a
Dear Diana: a
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The San Bernardino Police Management Association (SBPMA) has received a request from a
Ernest Lemos, Assistant Chief of Police, to join the SBPMA. The membership of the SBPMA has c
considered his request and approved his request to join the SBPMA.The SBPMA is now formally
requesting that the City recognize the position of Assistant Chief of Police as a member of our 0
bargaining group. Q
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Very truly yours, E
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Eric McBride
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President a
San Bernardino Police Management Association o
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' POLICE DEPARTMENT
<< ROBERT HANDY-CFIIEF OF POLICE
P.O. Box 1559•San Bernardino•CA 92402-1559
n 909.384.5742
San Bernar IDo www.sbcity.org
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January 22,2013
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Eric McBride, President `O
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San Bernardino Police Management Association .,
710 N. "D" Street
San Bernardino, CA 92401 a
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Dear Eric:
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This letter is intended to express my desire to become a member of the San Bernardino Police N
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Management Association (PMA). I am currently represented by the Management/Confidential
unit and as the only Sworn Police Safety employee in the group, I do not feel that it is capable or
interested in representing my best interest. I agree to follow the bylaws of the PMA and 0
understand that it ill be necessary to pay monthly membership fees.
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Ernie Lemos
Assistant Chief of Police
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LEADERS 1N SETTING THF,STANDARD OF ExcgLLENCE
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PETITION FOR RECOGNITION
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San Bernardino Police Manager's Association
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Diana Leibrich z
Human Resources Division Manager
--3-00-Nortft-"D,'1-St
San Bernardino CA 92401
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THE SAFETY MANAGER'S ASSOCIATION OF THE CITY OF SAN BERNARDINO
PETITION FOR FORMAL RECOGNITION AS THE MAJORITY REPRESENTATIVE OF
POLICE SAFETY EMPLOYEES IN THE CLASSIFICATIO":S OF °-:, �'-5 AND a-5
PURSUANT TO GOVERNMENT CODE SECTIONS 3501(B), STATES, 1968c. 1390
SECTION 2, TO REPRESENT THE POLICE SAFETY MANAGEMENT EMPLOYEES
OF THE CITY OF SAN BERNARDINO PURSUANT TO GOVERNMENT CODE
SECTIONS 3503 AND 3504.
The Police Manager's Association of the City of San Bernardino (hereinafter San o
Bernardino Police Manager's Association — PMA) hereby requests formal recognition by a
the Mayor and Common Council of the City of San Bernardino as the majority r
representative entitled to represent the police safety management employees of the City 4
of San Bernardino, as defined in Section 10 of the Employer/Employee Relations a
n---�..i:__ +�n^ n x� a �--- - �- - ^' ^- �' .�
Resoluuoci No. IL033, with uieir employer, ine City of aan Bernardino, in all matters <o
relating to employment conditions and employer/employee relations, including but not a
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limited to, wages, hours, and other terms and conditions of employment pursuant to the
provisions of Government Code Sections 3503 and 3504. a
The Police Manager's Association will have as members the majority of the police 2
safety management employees of the City of San Bernardino, and said employees have U
pursuant to law duly authorized said Association (PMA) to represent them in all of their N
relations with said City pursuant to the provisions of the Meyer-Milias-Brown Act. a
That said Association's representation of police safety management employees will
ensure the fullest freedom of the exercise of the rights guaranteed the employees
pursuant to the Government code and that the history of employee relations within said
City justifies the formal recognition of the Association (PMA) as the majority
representative of all the police safety management employees based upon the City's •o
past experience and the general history of labor relations. a
That said recognition will promote the continued, efficient operation of the City of San N LO
Bernardino.
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The following information is furnished to the Director of Personnel for the purpose of
determining whether or not to accord formal recognition of said Association (PMA) as
requested:
1. The name and address of the Association (PMA) is:
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San Bernardino Police Manager's Association of the City of San Bernardino.
2. The names and titles of its officers are: o
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Eric McBride, President o
Jarrod Burguan, Vice President A
Gwendolyn Waters, Secretary/Treasurer a
3. The authorized representatives of said Association (PMA) are: a
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Eric McBride, President a
Jarrod Burguan, Vice President
Gwendolyn Waters, Secretary/Treasurer °
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4. Said Association (PMA) has as one of its primary purposes; the representation of
police safety management employees in their employment relations with the City a
of San Bernardino.
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5. Said Association (PMA) is affiliated with The Peace officer's Research 0)
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Association of California. M
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6. Certified copies of the Association's (PMA) By-Laws have been furnished to the 2
City and additional certified copies will be available tot he City upon request. a
7. Notice served upon Association's (PMA) N
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Eric McBride, President
Gwendolyn Waters, Secretary/Treasurer ti
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will be deemed sufficient notice on the employee organization for any purpose, a.
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8. Association (PMA) requires that the provisions of Section 923 of the Labor Code
are not applicable to municipal employees. a
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9. Said Association (PMA) has no restriction on its membership based upon the
race, color, creed, sex, national origin, or job classification other than that stated
in the By-Laws. a
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10. The Association (PMA) has a present membership amounting to a majority of the
police safety management employees of said City. The following job titles are
included in the unit:
1 Assistant Chief of Police
4 Police Captains F
9 Police Lieutenants
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11. The Association (PMA) has in its possession written proof, dated within six 2
months of the date upon which this petition is filed, to establish that the Police a°
Manager's Association (PMA) of the City of San Bernardino has designated the
Association (PMA) to represent them in their employment relations with the City. N
The Association (PMA) hereby offers to submit written proof of such a
representation for confirmation to the DirPntnr of Personnel for the ('ify of San
Bernardino. a
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12. Petitioner hereby requests that the Director of Personnel of the City of San
Bernardino formally recognize the Police Manager's Association of the City of a
San Bernardino as the majority representative of all the police safety o
management employees of the City of San Bernardino for the purpose of
meeting and conferring in good faith on all matters within the scope of y
representation. a
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Dated this 1th day of April, 2013. E
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Police Manager's Association
of the City of San Bernardino
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Eric McBride, President c
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I hereby declare, under penalty of perjury, that the statements contained in this
petition are true and correct to the best of my knowledge and that this verification a
was executed on the 1f" day of April, 2013. o
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Eric McBride, President a
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Gwendolyn Waters, Secretary/Treasurer
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Date: April 1, 2013
We, U2 undersig"Al vvish to petition t"e Mayo,and Commo^ Council of the City of San
Bernardino to be dify the existing petition to include the position of Assistant Chief of
Police.
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Ernest Lem os, Assistant Chief of Police a
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Janfod Burguan, Captain
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Ronald G cia, Captain a
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Gw ndo at rs, Captain a
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Mond King, Captain Rodney Topping, Li utenant
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Daniel Keil, Lieutenant Michael Madden, Lieutenant o;
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Ronald Maass, Lieutenant Dario Robinson, Lieutenant ti
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ric McBride, Lieutenant
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San Bernardino Police Manager's Association
BY-LAWS
CHAPTER 1
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Name and Purpose
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Section I. Name - The name of this organization shall be the "San Bernardino Police N
Management Association of the City of San Bernardino". The Association y
is a voluntary; non-profit organization consisting of active peace officers of a
the San Bernardino Police Department. a
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Section II. Membership - Membership shall be open to management safety members
of the Police Department according to the following City Charter Section a
186 classifications: e
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P-4 (lieutenant), P5 (captain) and P-6 (assistant chief of police) or any o
person certified to one of the above ranks. a
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Other than the above requirements, this organization shall have no E
restrictions on membership based on race, color, creed, sex or national
origin.
There shall be only two forms of membership, that of full dues paying a)
members and associate members. a
Associate members will pay the same rate as full members, but will not o
have voting rights and cannot participate in PMA meetings.
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Associate member's rights are limited to Legal Defense Coverage only.
Section Ill. Organizational Objectives - The purpose of this organization shall be for o
the following reasons:
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A. To recognize the common needs and responsibilities of the City of
San Bernardino police safety management personnel as distinct E
from other management personnel because of their respective
specialties. a
- - B7-----To-improve--comm—unic-atio-ns-an•rong-the professional-police-safety -
management personnel in both formal and informal dialogue.
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C. To foster a team concept among the city's professional police
safety management personnel for broader based and unified
approaches to cityINide goals, thereby achieving efficiency aid
effectiveness.
D. To promote the professional image of the police safety
management personnel within city government as well as the
general public, and thereby enhance the total image of the city. 0
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E. To seek and promote educational and training opportunities to a
improve the skills and performance of the professional police safety r
management team in their public service roles, through in-house N
instruction and the use of outside resources. a
F. To assist in defining the requirements and responsibilities of the a
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processional safety management personnel, evaluating their
performance and determining equitable and competitive a
compensation and benefits.
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G. To conduct programs concerning the delivery of public services and
to provide a forum for the consideration of and solution to possible
future public problems. a
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H. Representation of its members in employment relations with the E
City of San Bernardino pursuant to California Government Code
Section 3500 et seq. Which shall include but not be limited to:
1. Wages and benefits
2. Terms and conditions of employment 2
3. Grievance resolution a
4. Legal defense of its members
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I. Interaction with the political body (elected officials) for M
socialfeducational purposes.
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Chapter 2
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Executive Board
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Section IV. Executive Board - The Executive Board shall consist of a President, a
Vice President and a Secretary/Treasurer, who shall be elected at-large E
from the membership and shall be the principal officers of the M
organization. a
A. President- The President shall be the chief executive officer of the
organization and shall have direct supervisory responsibilities of the
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organization. In addition, the President may appoint members to
committees as needed, and shall serve as ex-officio member of all
committees. Subiect to any exceptions contained herein, the
President shall be the sole Association member authorized to
communicate on behalf of and in the name of the Association, with
any entities, whether they be partnerships, municipalities, boards, F
commissions, individuals, or other entities. The President can
expressly delegate such authority to any member of the a)
Association. Further, the President shall, when present, preside at 2
all meetings of the Association, decide all questions of order, act as a
judge of and declare the results of all elections and direct other
members of the Executive Board. N
B. Vice President - The Vice President shall eerie in the absence of Q
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the President and shall perform other duties as directed by the a
President. The Vice President shall assume the Presidency if the
Board seat of the President becomes vacant. This will ensure the
most orderly continuation of Board business. a
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C. Secretary/Treasurer - The Secretary/Treasurer shall be responsible
for the minutes of all meetings and for the general upkeep of all 0
records associated with the organization. In addition, the a
Secretary/Treasurer shall be responsible for the handling of all
monies within the organization and shall keep concise and clear E
records of all revenues and expenditures of the organization. All
expenditures by check will require the signature of the
Secretary/Treasurer and one other principal officer.
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Section V. Executive Board Functions °
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A. The Executive Board will be composed of the three elected N LO
principal officers (President, Vice President and
Secretary[Treas u re r).
B. Quorum of the Executive Board - A majority of the Executive Board
shall constitute a quorum for the transaction of business. a
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C. Power of the Executive Board - Subject to the limitations of other
sections of these by-laws and of California law, the Executive a
Board shall have the power to conduct, manage and control all
business and affairs of the Association and to make rules and E
regulations that are consistent with these by-laws or California law.
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D. Meetings - Meetings of the Executive Board may be called at the
request of-the-President or---"o -(2y—other mem ers of the
Executive Board.
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E. Any Executive Board member who is absent for three (3)
cvns@eutivi liieetiings, vvit"oat first obtaining prior per
from
the President may be removed from their respective office by a
majority vote of the members of the Association.
Section VI. Special Committees - The President shall have the power to appoint
special committees for the purpose of carrying out functions of the
Association as needed. Chairpersons of special committees will serve as 0
non-voting members of the Executive Board during the term of their a
committee. C
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CHAPTER 3
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Voting a.
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Section VII. All active members in good standing shall have the right to vote, as set a
forth in these by-laws, on the election of directors and on any other issue o
requiring membership approval.
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Section VIII. Proxy Votes. y
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A. Proxy votes may be cast by any regular member at any E
membership meeting when a member is prevented from attending
said meeting. A letter must be signed by the absent member c
indicating to whom his/her proxy is assigned and for which meeting
it may be voted. It must be presented to the Board member
presiding over the meeting. The proxy expires at the close of the o
meeting for which the letter of authorization was granted. a
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CHAPTER 4 M
Elections
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Section IX. Elections - The election of principal officers shall commence in December
and term of office shall be for a two year period beginning in January. a
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A. Election guidelines E
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1. Nominations of Executive Board members shall take place in
November of odd numbered years. If nominated for more a
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---than-one-position, acceptance of-only one-pnsition_will bye-_
allowed.
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2. Immediately after the agreed upon close of nominations,
elections will take place in the following manner:
a- An election committee will be established consistinn
of a chairperson and two (2) members from the Safety
Management Association.
b. Election will be by secret written ballot.
C. In the event of a tie vote, the winner will be declared
by a random drawing of names.
d. In the event of only one candidate being nominated .o
for a position, that candidate's appointment shall be a
made by acclamation.
3. In the event any position on the Board becomes vacant, it a
shall be filled by a special eiei+tion within 3 1v calendar days m
following the above election guidelines. a
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CHAPTER 5
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Meetings a
Section XI. General Membership Meetings - General membership meetings will be E
held on a quarterly basis.
A. Other than the quarterly general membership meetings, special
meetings may be called by the President or by a majority of the
Executive Board. a
B. Simple majority vote shall govern the affairs of this Association. in
the event of a tie vote, the outcome will be determined by random
drawing.
C. Parliamentary Authority - Robert's Rules of Order (revised) in the
latest edition shall govern the Association in all cases to which it a
can be applied and in which it is not inconsistent with the by-laws of c
this Association.
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CHAPTER 6
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Dues V
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ction kI. E-ach-member-must-pay-within-the-time-and-conditions-set by-the Board,
the dues, fees, and assessments in amounts to be fixed from time to time
by the Board and as specified by these By-Laws.
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Section XIII. Association dues as follows:
A. Members shall pay each month Association dues in the amount of
$80.00 per month.
B. Association dues do not include PORAC dues, Legal Defense Fund, s
P.A.C. contributions or Labor Representation fees. 0
1. All Association members shall also be members of PORAC and a.
participate in the PORAC programs required by the Board. C
e ti n vni Rio h t of Ascociation dues or PORAC ryes by any mernber will Q
�ec��o�� ��„n-payment �, ,.��..�,,.�,,,,,
result in suspension of membership rights, including attendance at a
Association sponsored activities, programs and meetings.
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Section XV. Amendments to the By-Laws- These by-laws, or any amendments to the o
by-laws, Shall be in full force and effective immediately upon adoption by
a majority vote of members present at a noticed meeting. y
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POLICE DEPARTMENT
ROBERT HANDY-CHIEF OF POLICE
P.O. Box 1559•San Bernardino•CA 92402-1551
909.384.5742
!Saiiernart mo
www.sbeity.org
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July 11, 2013 d
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Eric McBride, President o
San Bernardino Police Management Association
710 N. "D" Street 0
San Bernardino, CA 92401 Q
Dear Eric: d
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This letter is intended to express my desire to become a member of the San Bernardino Police
Management Association (PMA). I am currently represented by the Management/Confidential
unit and as the only Sworn Police Safety employee in the group, I do not feel that it is capable or 2
interested in representing my best interest. I agree to follow the bylaws of the PMA and a
understand that it will be necessary to pay monthly membership fees. rn
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Very truly yours, r
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Jarrod Burguan
Assistant Chief of Police a
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LEADERS IN SETTING THE STANDARD OF EXCELLENCE
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