OREGON STATE POLICE OFFICERS’ ASSOCIATION CONSTITUTION
ARTICLE I ORGANIZATION NAME
The name of this organization shall be the Oregon State Police Officers’ Association, hereafter referred to as “Association.”
ARTICLE II OBJECTIVES
Section 1. To unite into one labor organization all individuals eligible for membership, regardless of religion, creed, color, national origin, race, age or sex.
Section 2. To obtain for the members of the Association all the rights to which they are entitled.
Section 3. To secure improved wages, hours, working conditions and other economic advantages for the members of the Association.
Section 4. To promote the improvement of law enforcement methods and procedures.
Section 5. To foster and maintain, among members of the Association, the highest standards of professionalism and devotion to duty.
Section 6. Through public relations, to promote public respect for and understanding of the law and the problems of law enforcement.
Section 7. To protect and preserve the Association as an institution and to perform its obligations.
Section 8. To engage in fund raising activities.
Section 9. To engage in political activities to promote the improved working conditions of its members.
ARTICLE III MEMBERSHIP AND DUES
Section 1. Any individual employed by the Department of State Police in one of the classifications for which the Association serves as the exclusive collective bargaining representative shall be eligible for membership in the Association.
Section 2. The monthly membership dues of the Association shall be one and one-half percent of the member's base pay per month. A Legal Defense Fund will be included as part of the member’s dues.
Section 3. Membership dues shall be payable monthly, in advance, to the Association Treasurer, not later than the 15th day of each month in which they become due. Any member failing to pay dues by the 15th of each month for two successive months shall stand suspended. Provided, however, that any person paying his dues through a regular payroll deduction system shall, for so long as he continues to pay through such a deduction system, be considered in good standing.
Section 4. A member suspended under Article III, Section 3, may be reinstated to the Association upon payment of all arrearage, not to exceed twenty-four months current dues. Relief may be requested from Article III, Section 4, through the SEC.
Section 5. Any member desiring to withdraw from the Association may do so upon written notice to the Treasurer. Said member desiring to be reinstated in the Association shall pay all arrearage not to exceed twenty-four months current dues. Relief from Article III, Section 5, may be requested through the SEC. Any member so withdrawing may be subject to payment in lieu of dues under the collective bargaining agreement then in effect. If the member subsequently requests reinstatement, they will have such payments credited against any arrearage under this section; however, in no event will the member be credited with more than is due under this section.
Section 6. All members shall donate one (1) hour of vacation leave and/or personal business leave and/or holiday leave every year to the Association. This donation shall be for the use of Association representatives in the furtherance of Association business in accordance with the Collective Bargaining Agreement. This donation shall occur in January of each year and will be automatically deducted from each member’s vacation leave bank. At the discretion of the SEC and with notification to the membership an additional hour of vacation and/or personal business leave and/or holiday leave may be drawn from the membership by the Association each calendar year.
Section 7. The SEC, at their discretion, may allow any member to voluntarily donate up to three (3) dollars of their Association dues to the TrooperPac. Such donation will be accomplished through a voluntary check-off form.
Section 1. Any employee of the bargaining unit may join the Association during the first ninety days after being hired.
Section 2.If a member of the bargaining unit refuses to join, or decides to leave the Association, he or she will be allowed to do so without any penalties or assessment fees.
Section 3. Any member of the bargaining unit who has elected to withdraw membership in the Association, or any member who failed to join the Association within ninety days of being hired, elects to join or re-join the Association, must provide the Association with written notice to join or re-join the Association. In this case the membership in the Association shall be effective on the ninetieth day of the receipt by the Association of the notice provided for herein.
Section 4. No criminal defense coverage, no charitable contributions or scholarships, no critical incidents coverage, or other issues not covered under Duty To Fair Representation, shall be provided to anyone, except for dues-paying members.
Section 5. The OSPOA will still bargain for the whole unit and represent members and non-members in contractual disputes as required under Duty To Fair Representation.
Section 6. For the members, who opted out and then later opted back in, the coverage for discipline will only be extended to current members for the conduct occurred during dues-paying time.
ARTICLE V OFFICERS
Section 1. Officers of the Association shall be the President, Vice-President, Secretary, Treasurer, Sergeant Representative, Non-Sworn Representative regional representatives, and worksite representatives.
Section 2. The SEC consists of the President, Vice-President, Secretary, Treasurer, Sergeant Representative, Non-Sworn Representative and the regional representatives.
ARTICLE VI NOMINATIONS, ELECTIONS, AND BALLOTING PROCEDURE
Section 1. The Association members in each worksite shall nominate and elect one member of their worksite to represent them as their worksite representative. This election shall be held no later than November 1st of the year the term is completed.
Section 2. Within each region the worksite representatives shall nominate and elect one of their members to represent them on the SEC. This election shall be held no later than November 15th of the year the term is completed.
Section 3. A statewide nomination and election for the office of President and Secretary shall be conducted by the SEC. The election for these offices shall be no later than December 1st of the year the term is completed.
Section 4. A statewide nomination and election for the offices of Vice-President and Treasurer shall be conducted by the SEC. The election for these offices shall be conducted no later than December 1st of the year the term is completed.
Section 5. The term of office for all officers shall be 36 months, and shall run from January 1st through December 31st.
Section 6. Nominations for state offices of President, Vice-President, Secretary, and Treasurer, Sergeant Representative, Non-sworn Representative, and for each region representative on the SEC, must be accepted from January 1st of the election year to September 1st of the election year.
Section 7. In the event that there are more than two nominees for an office, a plurality shall elect.
Section 8. In cases where there is only one nominee per office, no election will need to be held and that person will be appointed to their nominated office by acclamation.
Section 9. To be eligible for any elected office of the Association, a member must be in good standing for twelve months preceding the election.
Section 10. Officers shall be elected by secret ballot pursuant to the procedures set forth in Article VI. The elections shall be so conducted that all Association members have a reasonable opportunity to vote. All Association members shall be entitled to vote in elections for the offices of President, Vice-President, Secretary, and Treasurer. Only sergeants shall be entitled to vote in elections for the Sergeant Representative. Only non-sworn members shall be entitled to vote in elections for the Non-sworn Representative.
Section 11. A vacant unexpired term in the office of President will be filled by the Vice-President for the remainder of the term. If the Vice-President is unwilling to fill the office of President, a statewide nomination and election for the office of President shall be conducted by the SEC within 45 days after the office of the President becomes vacant.
Section 12. A vacant unexpired term in the office of Vice-President, Secretary, Treasurer, Sergeant Representative, or Non-Sworn Representative will be filled by any member in good standing appointed by the SEC for the remainder of the term. If the remainder of the term of Vice-President, Secretary, Treasurer, Sergeant Representative, or Non-Sworn Representative is longer than 18 months, a statewide nomination and election for the office of Vice-President, Secretary, Treasurer, Sergeant Representative, or Non-Sworn shall be conducted by the SEC within 60 days of the announcement of a vacancy in the office of the Vice-President, Secretary, Treasurer, Sergeant Representative, or Non-Sworn Representative becomes vacant.
Section 13. A vacant unexpired term in the office of regional representative will be filled immediately by the worksite representatives within the region by nominating a current worksite representative within the region being vacated followed by an election by those worksite representatives of those nominated, if more than one member is nominated.
Section 14. A vacant unexpired term in the office of worksite representative will be filled immediately by nominating and holding an election of the members in the worksite.
Section 15. Any officer of the Association may be recalled by special election. A recall election may be conducted if thirty percent (30%) of the involved members (at the worksite, region, or State level) petition to hold such an election. A majority of those casting ballots in the election shall be sufficient to determine the results of the election.
Section 16. Except as otherwise specified by the SEC, all elections and voting described in this Constitution shall be conducted by the following method:
A. President, Vice-President, Secretary, Treasurer, Sergeant Representative, and Non-Sworn Representative by secret double-blind method. Ballots shall be counted by the Secretary (except in cases where the Secretary is a candidate for election, in which circumstances the Treasurer shall count the ballots), with the Secretary's count verified by the President (except in cases where the President is a candidate, in which circumstance the Vice-President shall verify the count).
B. Regional Representatives by secret double-blind method. Votes are to be counted by a worksite representative other than the member who is running for the position.
C. Worksite Representative as determined by the current worksite representative holding the election. Votes are to be counted by a member in the worksite who is not running for the position.
D. Double-blind method for all other elections as directed by the SEC.
E. Ballots shall be mailed to all eligible voters no less than 10 days and no more than 30 days before the termination of the voting period, or as established by the SEC. Members shall be furnished with two envelopes in addition to the ballots. The marked ballot is to be placed inside the ballot envelope. The ballot envelope is to be placed inside the return address envelope which has the member’s name and address affixed to the upper left corner of the envelope for verification as a valid voter. As an alternative the SEC may choose to conduct elections electronically, as long as the secrecy of the ballot is preserved.
F. Any member of the Association may be present during the counting of ballots.
G. Ballots which have been cast in an election shall be maintained by the person counting the ballots for one month following the counting of the ballots.
H. In the event of a tie in any election provided for by this Constitution, the SEC shall select the winning candidate.
ARTICLE VII DUTIES OF OFFICERS
Section 1. President. The Association President shall be the Chief Executive and Administrative Officer of the Association. The President shall conduct the affairs of the Association in accordance with its Constitution and in accordance with policy decisions of the SEC. The President shall report on his/her actions at all meetings of the SEC.
A. The President shall employ, terminate, fix the compensation and expenses, and direct the activities of such staff, organizers and representatives as are required to carry out effectively the functions of the office, in accordance with Section 5 I of this article.
B. The President shall authorize all checks, expenditures, reimbursements, contracts, and other official documents of the Association.
C. The President shall, with the approval of the SEC, engage such technical and professional services, including legal counsel, and other services as may be required.
D. To ensure that any applicable time limits in a grievance procedure or court rules are complied with, the President shall have the authority to tentatively refer a grievance to arbitration under the Association's collective bargaining agreement with the State, or to tentatively commit the Association to legal or quasi-judicial proceedings. Such tentative decisions by the President are subject to ratification by the SEC at its next meetings.
E. In cases where immediate action (which can only be authorized by the SEC) is necessary, the President shall be authorized to take a voice vote of the members of the SEC on the proposed action. If possible, the President's conversations with the individual members of the SEC, in taking the voice vote, shall be witnessed by another member of the SEC.
F. The responsibilities of the Association President may not be delegated; however, the execution of his/her duties may be delegated, subject to the conditions and limitations of the Constitution.
G. Effective July 1, 2019, the OSPOA President shall receive an annual base salary equivalent to 130% of top step Oregon State Police Sergeant. It shall be considered fair compensation for any hours worked beyond a traditional 40-hour work week and no additional pay or stipend shall be offered. The President’s salary is subject to all increases and reductions specified by Collective Bargaining Agreement. The above provisions of this subsection do not prohibit reimbursement for legitimate business expenditures.
H. For so long as the Association President is assigned to the Association office, the Association shall reimburse the State for all salary and salary related expenses paid by the State to the President.
I. At the conclusion of his/her term of office, the outgoing President shall assist the incoming President in making the transition for a period not to exceed one month.
Section 2. Vice-President. The Association Vice-President shall attend and participate in all meetings of the SEC, unless excused by the President.
A. The Vice-President shall fulfill those duties and obligations as directed by the President and file reports of his/her activities with the SEC.
B. Effective July 1, 2019, the OSPOA Vice President shall receive an annual base salary equivalent to 115% of top step Oregon State Police Sergeant. It shall be considered fair compensation for any hours worked beyond a traditional 40-hour work week and no additional pay or stipend shall be offered. The Vice President’s salary is subject to all increases and reductions specified by Collective Bargaining Agreement. In the event of the Vice President’s full-time status reduction or elimination, the OSPOA Vice-President’s salary shall be prorated based on percentage of time designated for performing the OSPOA Vice President’s duties. The above provisions of this subsection do not prohibit reimbursement for legitimate business expenditures.
C. The Vice-President shall perform the duties and fulfill the responsibilities of the President in the absence of the President.
Section 3. Secretary. The Association Secretary shall attend and participate in all meetings of the SEC, unless excused by the President.
A. He/she shall keep the minutes of all meetings of the SEC and perform any other duties delegated to him/her by the President.
B. The Secretary shall receive reasonable expenses as authorized by the President or the SEC for the performance of his/her duties relating to the Association.
C. The Secretary shall perform the duties and fulfill the responsibilities of the President in the absence of the President and Vice-President.
Section 4. Treasurer. The Association Treasurer shall be the custodian of all monies of the Association. He/she shall attend and participate in all meetings of the SEC, unless excused by the President.
A. The Treasurer shall prepare a quarterly report on the financial status of the Association and report his/her findings to the SEC. Such quarterly reports shall include both a balance sheet and a summary of income and expenditures.
B. The Treasurer shall keep accurate records of receipts and disbursements and shall act as custodian of all properties of the Association.
C. The Treasurer shall receive reasonable expenses as authorized by the President or the SEC, for the performance of his/her duties relating to the Association.
D. The Treasurer shall provide a full and complete account of the expenditure of Association funds upon the request of any member of the Association. E. In addition, the Treasurer shall secure an independent audit, conducted by a certified public accountant, of the Association's books on no less than annual frequency. The person conducting the audit shall be appointed by majority vote of the SEC.
F. The Treasurer shall be responsible for the investment of the Association's funds. Investments of greater than $1,000 must be approved by vote of the SEC. The Treasurer shall use all reasonable diligence, prudence, and caution in the investment of the Association's funds.
Section 5. State Executive Committee. The SEC shall consist of the President, Vice-President, Secretary, Treasurer, Sergeant Representative, Non-Sworn Representative, and one member elected from each region.
A. The SEC shall possess all the legislative and policy making authority of the Association, except the power to amend the Constitution, and shall have the authority to legally bind the Association to third parties.
B. The SEC shall have the power to make binding interpretations of this Constitution, and the rulings and decisions of the SEC shall remain in full force and effect unless reversed by the full membership of the Association or by an arbitrator. C. The SEC shall assist the President in running the affairs of the Association.
D. Each member of the SEC, except the President, shall have one vote on all matters in which a vote is taken. A quorum, defined as a majority of SEC members is necessary to transact business. The President shall only vote in case of a tie vote.
E. All meetings of the SEC shall normally be open to all members of the Association. Meetings will be closed when disciplinary cases are being discussed. Meetings may be closed if the SEC decides, by majority vote, that serious injury or damage might otherwise be done to the Association or any individual.
F. The SEC may establish committees to examine or study particular issues. The President shall be responsible for appointing the members of the committee(s).
G. The President, Vice-President, Secretary, and Treasurer may be covered by fidelity bonds in the amount to be determined by the SEC, and at the expense of the Association, and shall be authorized to write checks on behalf of the OSPOA.
H. The SEC shall have the power and authority to adopt all necessary rules regulating the process and requirements for petitions submitted pursuant to this constitution.
I. The SEC shall seek approval from the membership (through an official election) prior to hiring an employee for any newly created full time or part time positions within the OSPOA. The SEC is also required to seek approval from the membership (through an official election) to engage the services of an outside contractor on a full time or part time basis for work within the operations of the OSPOA.
This language does not prohibit the President from engaging services including but not limited to: lobbying, investigative services, legal counsel, landscaping, financial management of investments, accounting, insurance coverage, building maintenance, computer network services, janitorial services, or other outside services commonly used to support the operation of an organization.
The language in this article does not bar the President from engaging the services of a professional consultant for special needs: for example, human resource services for internal employee matters. The language in this article is intended to prevent the President and/or SEC from creating new positions whether hired internally or as an independent contractor to work under the name of or on behalf of OSPOA. Upon approval of the position by a membership vote the SEC will have the discretion to select the person to fill the position.
Section 6. Regional Representatives. Regional Representatives shall attend and participate in all meetings of the SEC, unless excused by the President. Regional Representatives shall monitor compliance of the contract at the station and region level. The Region Representative shall assist Association members with all matters concerning Worksite Representatives. The Worksite Representative shall assist Association members at the local level, and will attempt to resolve all disputes and grievances relating to Association activities and contract disputes which may occur from time to time.
A Worksite Representative that is unable to resolve issues, or is having difficulty resolving issues, at the local level shall contact their Regional Representative for assistance.
ARTICLE VIII MEETINGS
Section 1. Meetings at worksites may be held quarterly. The worksite representative shall post a notice of the time and date of the meeting no less than 10 days prior to the meeting.
Section 2. Regional Representatives may hold quarterly meetings with their worksite representatives. The location of the meetings shall be determined by the Regional Representative. The Regional Representative shall ensure that notices setting forth the date and time of the meeting are posted in all local worksites of the region, with such notices to be posted no less than 10 days prior to the meeting.
Section 3. Meetings of the State Executive Committee (SEC) shall be held quarterly.
Section 4. Special meetings of the SEC or the Association membership may be called by the Association President, or a simple majority of the officers of the SEC, or by a petition signed by 30% of the members of the Association.
ARTICLE IX CONTRACT RATIFICATION/SETTLEMENTS
All amendments to the OSPOA's collective bargaining agreement with the State of Oregon, except those collective bargaining agreements resulting from an arbitrator's decision, shall be approved by a majority vote of the members of the Association who cast ballots in the vote ratifying such amendment(s). The SEC shall be authorized to settle any grievances filed pursuant to the collective bargaining agreement without submitting the settlement to a vote of the membership. The SEC shall be authorized to interpret and apply the existing provisions of the collective bargaining agreement.
ARTICLE X AMENDMENTS
This Constitution may be amended, revised or otherwise changed by a simple majority of its members, using the procedures specified herein. A Constitutional amendment shall be submitted to the membership upon the occurrence of one of the following:
A. A majority vote of the SEC that a particular amendment should be submitted to the membership; or,
B. A petition signed by not less than fifteen (15) percent of the membership reflecting that an amendment be placed before the membership.
ARTICLE XI MISCELLANEOUS PROVISIONS
Section 1. Except to the extent specified in this Constitution, no officer of the Association shall have the power to act as agent for or otherwise bind the Association in any way whatsoever. No member or group of members or other persons shall have the power to act on behalf of, or otherwise bind, the Association except to the extent specifically authorized in writing by the President or the SEC.
Section 2. Roberts Rules of Order, Revised, shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this Constitution of the Oregon State Police Officers’ Association.
Section 3. No loans shall be authorized to any Association officer, employee, or member.
Section 4. Special assessments may be levied only when deemed necessary by the SEC and approved by a simple majority vote of the membership, and then only to carry on the work of the Association.
Section 5. The SEC shall be vested with the sole authority to refer grievances filed under the Association's collective bargaining agreement with the State of Oregon to arbitration.
The SEC shall be vested with the sole authority to commit the Association onto any legal or quasi judicial proceedings.
Section 6. The location of the OSPOA office shall be determined by the SEC. If the election of a President necessitates a move by the elected member, the Association will reimburse reasonable moving expenses as approved by the SEC.
Section 7. No member is authorized to use dues collected to purchase alcoholic beverages.
ARTICLE XII DISPUTE RESOLUTION
Section 1. All disputes concerning the interpretation, application, enforcement, or meaning of any provision of this Constitution shall be resolved through final and binding arbitration, as provided herein.
Section 2. Any member of the OSPOA's bargaining unit asserting a claim involving an interpretation, application, enforcement, or meaning of any provisions of this Constitution shall, within 20 days after the member knew or reasonably should have known of the existence of the dispute, file a grievance concerning the same with the President. The grievance shall set forth with particularity the member's claim with respect to the interpretation, application, enforcement, or meaning of the Constitution.
Section 3. The President shall submit the member's grievance to the next regularly scheduled SEC meeting. At such meeting, the SEC shall decide whether to deny or grant the member's grievance, in whole or in part, or to take other appropriate action by way of resolution of the member's grievance. The SEC may also decide to delay consideration of the member's grievance until the next regularly scheduled SEC meeting.
Section 4. If the member is dissatisfied with the SEC's resolution of the grievance, the member shall, within 20 days of the date of the meeting at which the grievance was resolved, file written notice of appeal with the President. Upon receipt of written notice of appeal, the President shall request a list of names of five arbitrators from the Oregon State Mediation and Conciliation service.
Upon the receipt of the list, the member and the President shall alternately strike two names each from the list, with the remaining name being that of the neutral arbitrator being chosen to hear the dispute. The order of striking shall be determined by lot.
Section 5. The arbitrator shall hold a hearing on the dispute at a time convenient to the member and the OSPOA. The cost of the arbitrator's services shall be borne by the OSPOA. Thirty days following the conclusion of hearing, the arbitrator shall render a decision on the grievance.
The arbitrator's decision shall be final and binding. The arbitrator shall have no authority to add or detract from any of the express terms of this Constitution and Bylaws.
ARTICLE XIII SUSPENSION AND INVESTIGATION OF SEC MEMBERS
In any case of alleged malfeasance against any Worksite Representative or any member of the SEC, a fair, impartial, and complete investigation is in the best interest of the Association and the membership. Therefore, the following procedure shall be used.
Section 1. A Worksite Representative shall remain in their position unless suspended from that position by the SEC. A suspension shall only remain in effect during the course of the investigation. A suspension may be imposed by a majority vote of the SEC.
Section 2. Any member of the SEC under investigation shall maintain full voting and constitutional authority unless suspended from their position for the duration of the investigation by the SEC. No SEC member shall be suspended except upon a vote of no less than 75 percent of the full SEC.
Section 3. No investigation shall commence against any Worksite Representative or SEC member except upon a majority vote of the SEC.
Section 4. Once an investigation has been directed by the SEC, the OSPOA legal counsel shall be placed in charge of the investigation and shall have total authority to conduct the investigation in the manner they see fit. The results of the investigation shall be reported to the SEC at the next regularly scheduled SEC meeting unless an emergency SEC meeting is deemed necessary and is called.
Section 5. The results of the investigation shall be reported in full to the SEC. There shall be a finding of “Sustained,” “Not Sustained,” or “Unfounded” along with any recommended changes in operational procedures the investigation might discover.
Section 6. Upon a finding of “Sustained,” the SEC may take any level of disciplinary action it sees fit. The discipline levels range from Public Censure to Removal from Office. No discipline may be imposed except upon a vote of no less than 75 percent of the full SEC.
Section 7. In the case of an SEC ordered removal from office, a temporary succession shall occur in accordance with Article VI for a period of no less than 60 days. During this 60-day period, an election shall be held to determine a permanent replacement for the remainder of the unexpired term.