Constitution, National, 1993
THE FEDERAL PROBATION AND PRETRIAL OFFICERS ASSOCIATION, INC.
CONSTITUTION AND BYLAWS
[Adopted 1993]
Believing that it is in the public interest to improve a public service through association in an organized group in pursuit of a common interest, with its own organized, self-contained administrative structure, and that in order to do so, it is necessary to provide (1) an opportunity to maintain high professional personnel standards, (2) an avenue for advocating appropriate economic status for its members, (3) a medium through which members may function together in matters of mutual professional concern, and (4) a means to promote a program of public relations in order to build and maintain an enlightened public interest in the proper administration of probation, pretrial services, parole and other correctional services, we, the Probation and Pretrial Services Officers of the United States Courts, resolve to unite in common efforts as herein set forth:
I. The name of this organization shall be The Federal Probation and Pretrial Officers Association, Incorporated.
II. Objectives. The purpose and objectives of the Association shall be the following:
A. To study and improve methods of correctional service and philosophy through research, publication, conferences and advocation of pre-service and in-service education.
B. To promote a program of public relations in order to build and maintain an enlightened public interest in the proper administration of probation, pretrial services, parole and other correctional services.
C. To collaborate and, when appropriate, affiliate with other associations and groups interested in the prevention and treatment of crime and delinquency.
D. To continually maintain and advocate high professional personnel standards.
E. To promote the improvement of the laws governing criminal justice and correctional process.
F. To support and assist in studies for the determination and evaluation of fiscal and personnel needs and to make appropriate recommendations.
ARTICLE I Organization
The Association shall consist of the Federal Judicial Districts comprising the following geographical areas:
Great Lakes: Illinois, Indiana, Michigan, Ohio and Wisconsin;
Southeast: Alabama, Florida, Georgia, Mississippi, South Carolina and Tennessee;
Western: Alaska, Arizona, California, Colorado, Hawaii, Guam, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming.
Mid-Atlantic: District of Columbia, Kentucky, Maryland, North Carolina, West Virginia and Virginia;
Northeast: Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont and the Virgin Islands;
Central: Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota and Texas.
ARTICLE II Membership
Section 1. There shall be four (4) categories of membership. Only active members may vote and hold office.
(A) ACTIVE: Any Federal Probation Officer, Pretrial Services Officer, Probation Officer Assistant, or Pretrial Services Officer Assistant with official headquarters in the regions listed above shall be eligible for active membership upon payment of authorized dues and entitled to all privileges ascribed thereto.
(B) ASSOCIATE: All Probation and Pretrial Services Office support staff, all retired or former Federal Probation Officers, Pretrial Services Officers, Probation Officer Assistants, Pretrial Services Officers Assistants and individuals or organizations who have a continuing interest in the field of criminal justice, shall be eligible upon payment of established dues and entitled to all privileges of membership except voting and holding office in the Association.
(C) HONORARY: All retired or former Federal Probation Officers, Pretrial Services Officers, Probation Officer Assistants who, except for extraordinary reasons, have been continuous active members of the Association for fifteen (15) years preceding separation from active service, shall be eligible without payment of further dues. Certificates shall be awarded by the President.
(D) CONTRIBUTING: Individuals or organizations who have an interest in the correctional field may apply for membership which may be granted by the President with the approval of the Executive Board. The annual contribution shall be determined by a majority vote of the Executive Board.
ARTICLE III Dues
Section 1. Annual dues for active and associate membership shall be determined by a majority vote of the Executive Board after consideration of the Association's financial needs.
Section 2. Non-payment of dues shall result in loss of membership and all rights thereto.
Section 3. Officers entering into the Federal Probation and Pretrial Services System after June 30 of any calendar year will be required to pay one-half of the established annual dues for one year for the first year of entry.
Section 4. Members suspended for non-payment of dues may be reactivated by payment of current dues only.
ARTICLE IV Voting
Section 1. Each active member in good standing shall be entitled to one vote. No proxy to any person shall be valid in any election of this Association.
Section 2. The Chairperson of the Election Committee shall provide on each ballot a space for a write-in candidate for each office. Candidates whose names are written in must be members in good standing and must have certified in writing their willingness to accept the nomination and serve, if elected, the office in question.
Section 3. Completed ballots shall be sealed in a special "ballot" envelope to be provided by the Chairperson of the Election Committee; no identification shall be placed on the "ballot" envelope. The "ballot" envelope shall be sealed inside a self-addressed envelope and the membership card number and/or name and district of the officer placed in the usual "return address" area of the outer envelope and be forwarded to the Chairperson of the Election Committee by the established deadline.
Section 4. As the self-addressed envelopes are received, the members' names shall be checked off the official voting list by the Election Committee, thus indicating that the member has voted. Afterward, the outer envelope shall be opened, and the sealed ballot removed and placed, still sealed, in a ballot box for later opening and counting by designated tellers.
Section 5. Upon certification of the tabulation by the Election Committee, those elected will be notified by the President; names of the elected officers will be published in the Newsletter.
Section 6. The Nominating Committee for national elections shall be comprised of the Regional Presidents. The Regional Presidents, from among themselves, shall select a Chairperson of the Election Committee. No member of the Nominating Committee shall be a candidate for national office.
ARTICLE V National Officers
Section 1. The National Officers of the Association shall be the President, Vice-President, Secretary and Treasurer, each to serve a term of two (2) calendar years upon election. Said term of office shall commence on odd-numbered years.
Section 2. The Vice-President shall serve in the absence of the President. Further succession will be the Secretary and the Treasurer, respectively.
Section 3. The National Officers of the Association, together with the Regional Representatives, shall constitute the Executive Board.
Section 4. No compensation shall be paid to any officer of the Association. Expenses actually incurred on Association business will be reimbursed to officers pursuant to guidelines established by the Executive Board.
Section 5. Any elected National Officer or Regional Representative to the Executive Board may be removed for cause by a two-thirds vote of the Executive Board.
Section 6. All officer vacancies of this Association described in Section 1 hereof may be filled either by a mail ballot of the active membership for the unexpired term of such office or by temporary appointment by the President or, in the President's absence, by the Vice-President or successor.
Section 7. The Executive Board is hereafter authorized to adopt, modify and revoke such rules and regulations as it may deem necessary and appropriate to conduct legitimate Association business.
Article VI Regional Representation
Section 1. There shall be six (6) Regions each of which shall elect a Board of Officers consisting of President, Vice-President, Secretary and Treasurer, for a term of three years. Said President shall also be known as Regional President and serve as Representative to the Executive Board, serving until duly replaced in accordance with these Bylaws. Regional Presidents will assume their term of office according to the following schedule: Great Lakes, January 1, 1978; Western, January 1, 1978; Mid-Atlantic, January 1, 1979; Central, January 1, 1979; Northeast, January 1, 1980; and Southeast, January 1, 1980.
Section 2. Regional elections shall be held sufficiently prior to the commencement of the terms of office of the electees. Election procedures shall be consistent with the Association's Constitution and with the election procedure for national office.
Article VII Duties
Section 1. The President, Vice-President, Secretary, Treasurer and Regional Presidents shall constitute the Executive Board of the Association and shall be authorized to act on behalf of the membership.
Section 2. The Vice-President, in the absence of the President, shall act as President or otherwise perform such duties as assigned by the President.
Section 3. The Secretary shall keep minutes of all Board meetings, carry on all necessary correspondence as well as nonfiscal records of the Association while keeping the membership advised of the actions of the Executive Board.
Section 4. The Treasurer shall be the chief financial officer of the Association; shall be responsible for the custody and disbursement of the Association's funds and other assets; shall be custodian of the financial records of the Association; shall have charge of the investment of the Association's funds, subject to the direction and approval of the Executive Board. The Treasurer shall give such bond for the faithful discharge of duties as the Executive Board may require, at the expense of the Association and shall perform such duties as may from time to time be assigned by the Executive Board. The Treasurer shall also be known as the National Membership Chairperson and be responsible for coordinating national and regional membership lists and promotional activity.
Section 5. The Regional Presidents, in addition to serving as a nominating committee, shall conduct the business of their representative regions as defined in their respective constitutions.
Section 6. There shall be such standing and special committees as may be appointed by the President and approved by the Executive Board to conduct Association business.
Section 7. The President may, with the concurrence of the Executive Board, contract for such administrative services as deemed necessary.
Section 8. The President may appoint a Newsletter Editor who shall participate in Executive Board meetings with all privileges except voting and who shall have responsibilities for publication of the newsletter.
Article VIII Meetings of the Executive Board
Section 1. Semi-annual and special meetings of the Executive Board shall be called by the President at such time and place as the President shall designate to conduct Association business. A quorum shall consist of a simple majority of the Board. No proxy votes shall be valid.
Section 2. An agenda of the proposed business of the Executive Board shall be announced to the membership through publication in the Newsletter preceding said meeting. Any active member may submit a topic for the discussion through a Regional or National Officer, or attend in person to present any item for consideration.
Section 3. At all regular meetings of the Executive Board or its committees Roberts Rules of Order shall govern questions of parliamentary procedure.
Section 4. The Order of Business is as follows: Reading of Minutes ,Treasurer's Report, Communications, Report of Committees, Unfinished Business, New Business and Adjournment.
Article IX Amendments
Section 1. Any amendment to the Association's Constitution and Bylaws may be proposed in writing to the Executive Board. The President, with the concurrence of the Executive Board, shall provide for a mail ballot to be completed within sixty (60) days. Two-thirds majority of the members voting shall be necessary for passage. Any amendment so approved shall take effect thirty (30) days after completion of balloting and certification of count unless a specific date is authorized in the amendment.
Article X Adoption
Section 1. The Constitution and Bylaws of the Association shall become effective upon ratification by two-thirds majority of the eligible members voting.
Article XI Fiscal Year
Section 1. The fiscal year of this Association shall be the calendar year.
Article XII Income and Capital
Section 1. The income and capital of the Association shall in part be derived from membership dues, donations, grants, contributions, gifts or profit from any business activity of the Association or income derived from any organization with which said Association is or becomes affiliated.
Section 2. All such funds will be held in trust by the National Treasurer to be appropriated upon demand to meet National and Regional operating expenses as authorized by the President.
Article XIII Chapter Organization
Section 1. It is the intent of this article to encourage the independent development and growth of local chapters within the Regions, consistent with the provisions of the Constitution and the purposes of the National Association; to permit them the maximum opportunities for the fullest expression of their membership.
Section 2. A local chapter may be formed by any number of members in good standing whose residence or job location is in any Judicial District within the regional boundaries. No Judicial District shall have more than one Chapter.
Section 3. Chapter Officers shall consist of a President, Vice-President, Secretary and Treasurer. Officers shall be elected by a majority vote of the members of the Chapter and shall hold office for the period of two (2) calendar years. Elections shall be conducted according to the Bylaws of the Chapter.
Section 4. Each Chapter shall establish Bylaws to conduct the business of the chapter.
Section 5. The Bylaws shall be consistent with the purpose of the National Association and intent of the Constitution, and shall be first approved by the Regional and Executive Boards.
Section 6. Chapters may establish such committees as are necessary for the furthering of the business or programming of the Chapter.
Section 7. Chapters may levy assessments or raise money for purposes which are consistent with the purposes of the Association as stated in the Constitution. Such monies remain in the Chapter treasury and are to be accounted for as set forth in the Bylaws of the Chapter.
Section 8. Chapters are formed by petition through the Regional Board to the Executive Board. Such petition shall contain a statement requesting a Chapter, the District location, the recommended Bylaws and the names of the petitioning members. The Executive Board shall grant the Chapter Charter unless the petition is not consistent with the requirements as set forth in the Regional and National Constitution and Bylaws. The Chapter shall be activated and the Officers-Elect take office at the beginning of the following calendar year unless an earlier time is stipulated.
Section 9. Annual dues of Regular Members of this Chapter shall be fixed by said members at the Annual Meeting of the Chapter. Chapter dues, if any, are in addition to Association dues which is a prerequisite of the Chapter membership.
Section 10. Chapters will adhere to the policy on FPOA CHAPTER ISSUES AND COMMUNICATION adopted by the Executive Board March 19, 1979. Nothing in this policy statement is intended to discourage the free flow of communication on any issue. It is, instead, intended to establish guidelines which will make this free flow of communication productive and supportive of the FPPOA.
Section 11. If, in the determination of the Executive Board, a Chapter consistently fails to meet the requirements of this Article or other Constitution or Bylaws provision, the Executive Board may rescind the Chapter Charter in the best interest of the Federal Probation and Pretrial Officers Association.
Section 12. Upon rescinding the Charter of a Chapter, all official authority and function of Officers of said Chapter terminate forthwith. Any funds held by the Chapter shall be forwarded to the National Treasurer for use as the Executive Board shall direct.
POLICY ON FPOA CHAPTER ISSUES AND COMMUNICATION
ADOPTED BY THE FPOA EXECUTIVE BOARD
ON MARCH 19, 1979
This statement of policy is an attempt to clarify the matter of communications emanating from chapters to the national Executive Board and from chapters to the public in general. Nothing in this policy is intended to discourage the free-flow of communication on any issue. It is, instead, intended to establish guidelines which will make this free-flow of communications productive and supportive of the purposes of FPOA.
1. Communication Between Chapters and the Executive Board
Chapters are encouraged to establish positions on issues of regional or national importance and communicate these to the Executive Board. Such communications should be formulated within the guidelines of the by-laws of the local chapter. Such communications should be through the chairman and/or executive committee of the chapter.
2. Chapter Positions on Matters Resolved by the National Executive Board
Chapters are encouraged to communicate positions on matters to be considered by the national Executive Board. Once the national Executive Board takes a position on an issue, any statement by chapter personnel should be identified as the position of the national Executive Board. Chapter statements on issues where the chapter position differs from that of the national Executive Board should clearly identify the fact that it is a statement of the chapter and the national Executive Board's position should be communicated in the same document.
3. Chapter Positions on Matters Unresolved by the National Executive Board
Should the national Executive Board fail to resolve a given issue or make a published statement, chapters may wish to formulate their own statement. This statement should be clearly identified as being the position of the chapter and the communication should state that the national Executive Board has taken no position on the issue as of a given date.
4. Statement on Local Issues
Except when a local issue in some way violates the intent and purpose of the FPOA, the national Executive Board will rarely have occasion to become involved. Thus, there is little chance for a conflict between the position of the chapter and the national Executive Board on local issues. The chapter should identify all statements of position as being statements of the chapter. Local issues addressed by the chapters should be those which fall within the general purpose of the FPOA. Local issues addressed by the chapters should be such that the chapter functions within the framework of its by-laws.
5. Communication to the Public
No statement of policy or position on any issue should be made by chapters outside the framework of the by-laws of the chapter. Such communications should be by the chapter Executive Committee or the chairman of the chapter. Nothing in these guidelines is to prevent an individual member of FPOA from stating his position. Instead, these guidelines are intended to make clear the differentiation between statements of the national Executive Board, statements of the chapters, and statements of the individual members of the association.
6. Communication Between Individual FPOA Members and the National Executive Board
Nothing in this suggested guideline is to prevent any member of FPOA communicating their personal opinions on any issue to the national Executive Board.
7. Regional Representatives to the National Executive Board to be Advised
Copies of all correspondence between chapters the national Executive Board shall be sent to that chapter's regional representative to the National Executive Board.
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