CONSTITUTION

 Preamble

 

We, the members of the various law enforcement agencies of the United States, State of North Carolina, and of the several states and political subdivisions thereof, as Representatives and Delegates of the Subordinate Lodges in this State, do hereby associate the Lodges we represent and the members thereof together for the following purposes:

 

To support and defend the Constitution of the United States; to inculcate Loyalty and allegiance to the United States of America; to promote and foster the enforcement of law and order; to improve the individual proficiency of our members in the performance of their duties; to encourage social, charitable, and educational activities among law enforcement officers; to advocate and strive for better retirement, benefits, and uniform application of the civil service system for appointment and insuring fidelity to duty under all conditions and circumstances; to cultivate a spirit of fraternalism and mutual helpfulness among our members and the people we serve; to increase the efficiency of the law enforcement profession and thus more firmly establish the confidence of the public in the service dedicated to the protection of life and property.

 

This is an organization for law enforcement officers, managed by law enforcement officers actively engaged in law enforcement for the Federal, State, City, County, Town, or Municipality, and Political Subdivisions thereof.

 

All terms used herein to denominate gender shall be generic and, whenever appropriate, the singular shall include the plural and the plural shall include the singular.

 

ARTICLE I

Name

 

Section 1.        This organization is incorporated under the laws of the State of North Carolina as the Lincolnton-Lincoln County Fraternal Order of Police Lodge #85, Inc.

 

            Section 2.        Lodge #85, by virtue of its affiliation with the North Carolina State Lodge and the Grand Lodge shall have the right to use the name, insignia, emblem and mark, trademark or service mark of the Fraternal Order of Police in order to signify or denote our affiliation therewith.  In the case of prospective for profit uses of the name, insignia, emblem or mark, trademark or service mark of the Fraternal Order of Police, or such other use that may place Lodge #85 in competition with the North Carolina State Lodge and/or Grand Lodge, Lodge #85, must obtain such permission from the North Carolina State and/or Grand Lodge.  Such permission may be withheld by the State Board of Directors and/or the National Board of Trustees.

           

ARTICLE 2
Character

 

            Section 1.        The Lincolnton-Lincoln County Fraternal Order of Police Lodge #85, Inc., is an organization of professional law enforcement officers dedicated to the advancement and protection of law enforcement officers, and the promotion of improved law enforcement methods, and the teaching of respect for law and order.

 

            Section 2.        The Lincolnton-Lincoln County Fraternal Order of Police Lodge #85, Inc., is a fraternal organization composed of professional law enforcement personnel who have joined together for their common good.  In no event shall the Lincolnton-Lincoln County Fraternal Order Of Police Lodge #85, Inc., join or be controlled by any labor organization, provided, however, that this Section shall not prohibit cooperative efforts with labor organizations for the common good.

 

            Section 3.        The Lincolnton-Lincoln County Fraternal Order of Police Lodge #85, Inc., shall not strike or by concerted action cause a cessation of the performance of police duties, or induce its members to do likewise.

           

Section 4.        This Constitution shall be the fundamental law of the Order and, with the Rituals adopted at the first, and such By-laws as may be adopted from time to time, shall govern the conduct of the Lincolnton-Lincoln County Fraternal Order of Police Lodge #85, Inc.

 

            Section 5.        There shall be By-laws that shall govern the day-to-day operation and administration of the Lincolnton-Lincoln County Fraternal Order of Police Lodge #85, Inc.  The By-laws of the Order may only be promulgated, amended, or revised by a vote of two-thirds (2/3) of the membership voting at the November Meeting, during the even year.

ARTICLE 3

Definitions

 

            Section 1.        The following words and phrases as used in this Constitution and By-laws, unless a different meaning is plainly required by the context, shall have the following meanings:

 

            A.        “Active Member”      shall mean any regularly appointed law enforcement or retired law enforcement officer of the United States, State of North Carolina or any political subdivision thereof.

 

            B.        “Affiliate Membership”        shall be comprised of such individuals who are employed as full time Detention Officers, support personnel and part-time/Reserve Officers of a law enforcement agency.

 

            C.        “Associate Members”           shall refer to non-law enforcement members who are interested in assisting Lodge #85 in its endeavors.  They may have a voice but no vote and cannot hold office in Lodge #85.  They may hold office in their own Associate Lodge.

 

            D.        “Auxiliary Lodge”     means the lodge provided for in the Lincolnton-Lincoln County Fraternal Order of Police Lodge #85, Inc., Constitution and By-laws.

 

            E.         “Auxiliary”     shall mean the organization comprised of the non-law enforcement spouses and family of Lodge members.

 

            F.         “Board of Directors”             shall refer to the collective body consisting of the President, the Vice President, the Secretary, the Treasurer, the Sergeant at Arms, the Chaplain, the State Trustee, and the Lodge Trustee.

 

            G.        “Constitution and By-laws”   shall refer to the Constitution and By-laws of the Lincolnton-Lincoln County Fraternal Order of Police Lodge #85, Inc.

 

            H.        “Elected Law Enforcement Officer” shall mean for purposes hereof any law enforcement officer who meets the minimum standards, has received the training and education required by the United States, the state, the political subdivision or agency by which they are appointed and is granted arrest powers, or who by law is exempted from meeting the minimum training standards.

           

   I.          “Executive Board”    shall mean and consist of the President, the Vice President/State Trustee, the Secretary, the Treasurer, the Sergeant at Arms, the Chaplain, and the Lodge Trustee.

 

            J.         “Full-time Employed”            shall mean a person commissioned, sworn, appointed, and/or otherwise lawfully enjoined, whose primary responsibility is to uphold the laws of the United States, State of North Carolina, or any state or political subdivision thereof and whose primary employment is derived from and their full-time occupation as a law enforcement officer.

 

            K.        “Good Cause”            shall mean nonfeasance, malfeasance, dishonesty, or refusal to carry out the will of the Biennial Conference.

 

            L.         “Good Standing”        shall refer to the status of any Active Member who has paid all dues and assessments due and payable to or for the Grand Lodge, State Lodge or Lodge #85, and who is not more than 30 days in arrears of such payment as of the date specified for the payment.

 

            M.       “Grand Lodge”          means the Fraternal Order of Police, a National Organization.

 

            N.        “Honorary Membership”      shall be individuals recognized by the subordinate lodges for exceptional service or contribution to the nation, the state, political subdivision, the law enforcement community or the Fraternal Order of Police but does not have the same rights and privileges as an active member, that is no voice or vote in the Order.

 

            O.        “Law Enforcement Officer”              means any person actively employed by any branch of government to engage in law enforcement work in North Carolina, and those who have been retired there from because of length of service or disability.

 

            P.         “Legal Aid Committee”         the committee shall be to review and pass upon all requests for legal aid from local lodge members in North Carolina, local lodges in North Carolina, and the Fraternal Order of Police of North Carolina, Inc.

 

  Q.        “Lodge #85”   means the Lincolnton-Lincoln County Fraternal Order of Police Lodge #85, Inc, a subordinate lodge of the Fraternal Order of Police of North Carolina, Inc..

 

            R.        “Member in Good Standing”            shall mean a member who fulfilled all requirements of membership in good standing in his respective subordinate and state lodges and for whom appropriate per capita tax has been paid to the Grand Lodge.  Any member belonging to a state or subordinate lodge that is delinquent or has been suspended shall not be a member in good standing.

 

            S.         “Past President”        shall be defined as any person elected to the office of President at the November Meeting of the even year and who served not less than one (1) full term and was not removed from office.

 

            T.         “Regularly Appointed Law Enforcement Officer”   shall mean, for purposes hereof, any law enforcement officer who meets the minimum standards, has received the training and education required by the United States, the state, the political subdivision or agency by which they are appointed, and is granted arrest powers.

           
            U.        “Retired Membership”         if established will be comprised of retired regularly appointed or elected law enforcement officers who withdraw from active membership upon or after retirement from their law enforcement agency.

 

            V.        “State Lodge”            means the Fraternal Order of Police of North Carolina, Inc.

 

            W.       “State Trustee”         shall mean the individual elected by Lincolnton-Lincoln County Fraternal Order of Police Lodge #85, Inc. who shall attend all of the Fraternal Order of Police of North Carolina, Inc., business meetings and Biennial Conferences.

 

            X.        “Subordinate Lodge” means any lodge which is granted a charter by the Fraternal Order of Police of North Carolina, Inc., as a subordinate lodge.

ARTICLE 4

Membership

 

            Section 1.        Any regularly appointed or elected and full-time employed law enforcement officer of the United States or political subdivision thereof, or any agency, or persons who have been honorably retired from such employment because of length of service or disability, may be eligible for membership in the Fraternal Order of Police, subject to the provisions of this Constitution.  No person shall be denied membership on account of race, religion, color, creed, sex, age or national origin.

 

            Section 2.        There shall be three (3) classes of membership:  Active, Retired and Honorary.

A.                 Active Membership

 

1.                  Shall include regularly appointed or elected full-time law enforcement officers.

 

2.                  Shall    include    retired     regularly    appointed   or   elected   law

enforcement officers.

 

3.                  May  include, subject  to  the   approval  of  his  subordinate  lodge,

 regularly appointed or elected law enforcement officers who have resigned from their law enforcement duties and who have remained in good standing with Lodge #85s and approved by the State Lodge.

 

4.                  Only active members, as herein defined, shall have voice and vote.

 

B.        Retired Membership shall be comprised of retired regularly appointed or elected law enforcement officers who withdraw from active membership upon or after retirement from their enforcement agency.

 

C.        Honorary Membership shall be comprised of individuals recognized by the State Lodge or Subordinate Lodges for exceptional service or contribution to the nation, the state, political subdivision, the law enforcement community or the Fraternal Order of Police but does not have the same rights and privileges as an active member, that is no voice or vote in the Order.

 

            Section 5.        Any member who resigns from active law enforcement may retain his membership as long as he remains in good standing, if approved by the State Lodge and Lodge #85 except affiliate members.  When Affiliate members leave their law enforcement position, their membership benefits will cease.

 

            Section 6.        No person shall be a member of more than one state or subordinate lodge at the same time nor shall any member who is delinquent, or who has been suspended by a state or subordinate lodge for any reason, be eligible for membership in any other state or subordinate lodge until such suspension has been lifted.

 

            Section 7.        The Fraternal Order of Police may deny membership to anyone who is or has been, a member of the communist party, or of any party regardless of what name known which advocates the abolition, destruction or violent overthrow of the government of the United States or any state or political subdivision thereof.

 

            Section 8.        Any active member may be granted a transfer from Lodge #85 to another subordinate lodge, provided that he or she is in good standing and has severed his or her connections with the law enforcement agency in the city in which he or she holds membership.

 

            Section 9.        The Fraternal Order of Police may deny any membership, or continuation of membership to anyone convicted of a felony crime in any court of the United States, or any state court, once all appeals have been exhausted.

 

ARTICLE 5

Lodge Officers and Election

 

            Section 1.        The officers of Lodge #85 shall be the Lodge President, Lodge Vice President, Lodge Secretary, Lodge Treasurer, Lodge Sergeant at Arms, Lodge Chaplain, State Trustee and Lodge Trustee.

 

            Section 2.        The term of office of the Lodge President, Lodge Vice President, Lodge Secretary, Lodge Treasurer, Lodge Sergeant at Arms, Lodge Chaplain, State Trustee and Lodge Trustee shall be two (2) years or until his successor is elected and qualified.

 

            Section 3.        A lodge officer who resigns from office during any elected term shall relinquish all right to and privilege of that office and shall revert to the status of “member”.  A lodge officer, who resigns from active police duty for any reason other than to retire on pension, either for length of service or disability or otherwise becomes ineligible as a member of the Fraternal Order of Police, shall automatically forfeit his office.

 

            A.        General           The Officers of Lodge #85 shall be elected during the November lodge meeting of each even year.  No member shall run for more that one office during an election.

 

            B.        Nomination     Candidates for election to the offices of Lodge President, Lodge Vice President, Lodge Secretary, Lodge Treasurer, Lodge Sergeant at Arms, Lodge Chaplain, State Trustee and Lodge Trustee shall be nominated during the October lodge meeting of each even year.  Nominations will be closed after the October meeting of each even year, after being declared closed, such nominations shall not be re-opened. A member can nominate themselves. Immediately following the closing of nominations, each candidate (but only the candidate himself) for Lodge Office shall be permitted to speak to the Members of Lodge #85 for not more than three (3) minutes.

 

            C.        Ballot  The name and department affiliation of each duly nominated candidate for Lodge Office shall be placed on the ballot in alphabetical order by last name.

 

            D.        Election           Lodge Officers shall be elected by a vote of the qualified members of Lodge #85. The State Secretary shall be notified no later than November 10 preceding the State Biennial Conference and be given Lodge #85’s State Trustee’s name.

 

1.         Voting shall be by printed ballots upon which each member shall record his vote(s).  Ballots shall be mailed to each member of Lodge #85 following the October meeting of each even year. Each candidate for office may present a written campaign speech to the Lodge Secretary to be mailed with the ballots. The written campaign speech may outline reasons the membership should vote for him/her but shall not be derogatory toward another candidate or member.

 

2.         Ballots must be returned by mail or in person by the November meeting of each even year.

 

3.         The current Lodge President shall announce the results of the elections at the November meeting of each even year.

 

4.         In case of a tie vote of officers, the members at the November meeting of each even year will revote to determine the winner.      

           

E.         Installation     Officers-elect shall be installed by a State or Lodge #85 Officer and shall take office in accordance with the regular order of business.

 

          F.         Succession      In the event of a vacancy in the office of the Lodge President, the Lodge Vice President shall automatically assume the office of Lodge President and complete the unexpired term thereof.  The lodge membership shall thereafter elect, by a majority vote a successor Lodge Vice President who shall serve for the unexpired term of the previous Lodge Vice President. A vacancy in any office of Lodge #85 shall be filled by a majority vote of the membership. 

 

ARTICLE 6

Lodge Executive Board

 

            Section 1.        There shall be a Lodge Executive Board, consisting of the President, Vice President, Secretary, Treasurer, Sergeant at Arms, Chaplain, State Trustee and Lodge Trustee.

 

            Section 2.        The Lodge Executive Board shall conduct the business of the Lodge #85.

 

            Section 3.        The Lodge Executive Board shall meet as necessary each year to establish a budget of line items in respect to each and every financial activity of Lodge #85 for the next following fiscal year and shall submit same to each member of Lodge #85.

            Section 4.        In case some urgent matter should come to the attention of the members of the Lodge Executive Board between normal meetings the Lodge Executive Board shall have the authority to act in the best interest of the Lodge #85, and shall report their actions to the membership within thirty (30) days of the action taken.

 

            Section 5.        The Lodge President shall be the Chief Executive Officer of Lodge #85.

 

ARTICLE 7

Lodge President

 

            Section 1.        The Lodge President shall be the Chief Executive Officer of the Fraternal Order of Police.  He shall preside at all meetings of the membership and the Lodge Executive Board.

 

            Section 2.        He shall administer and manage the business of the Order between meetings of the Lodge Executive Board.  He shall ensure that the resolutions and Bylaws and the orders and actions of the Lodge Executive Board are carried out.  He shall execute all contracts into which the Order may enter.

 

            Section 3.        He shall appoint, with the advice and consent of the Lodge Executive Board, a majority of each committee and name the chairman.  He shall serve as an ex-officio member of all committees of the Order.

 

            Section 4.        When he deems it necessary or upon petition of a majority of the Lodge Executive Board, or upon receipt of notice from the Lodge Secretary, that probable cause has been found by the Lodge Executive Board to proceed with an inquiry in respect to charges against a Lodge Officer, the Lodge President shall call a special meeting of the Lodge Executive Board.

 

            Section 5.        He shall, together with the Lodge Treasurer, attest warrants and vouchers for disbursements from any fund of Lodge #85.

 

            Section 6.        He shall devote his best efforts to promote interest in Lodge #85 and to increase the membership therein.

 

            Section 8.        He shall call a special meeting of the Lodge Executive Board when he deems it necessary or upon petition of a majority of the Lodge Executive Board.  Notice of such special meetings shall be mailed by the Lodge Secretary to each member of the Executive Board at least fifteen (15) days prior to such meetings; however, in emergency cases (as declared by the President) notice of emergency special meetings may be waived when the President deems a special meeting necessary in less than fifteen (15) days.  The President is to make all efforts to notify the Executive Board, concerning the special meeting, through the office of the Lodge Secretary by telephone or any other method available.

 

ARTICLE 8

Lodge Vice President

 

            Section 1.        The Lodge Vice President shall be a member of the Lodge Executive Board.

 

            Section 2.        The Lodge Vice President shall, in the absence of the Lodge President, preside at all meetings of the membership and the Lodge Executive Board and shall otherwise generally perform the duties of the Lodge President in his absence.

 

            Section 3.        The Lodge Vice President shall succeed to the office of the Lodge President in the event of the death, resignation or other vacation of such office during an unexpired term thereof.

 

            Section 4.        He shall, with the advice and consent of the Lodge Executive Board, appoint a minority of all committees of the Order.

 

            Section 5.        The Lodge Vice President shall perform such other duties as shall be ordered by the Lodge President.

Lodge Secretary

 

            Section 1.        The Lodge Secretary shall have custody of the books, records, documents, Seal of Lodge #85 and office paraphernalia and equipment under the general authority and orders of the Lodge President and the Lodge Executive Board.

 

            Section 2.        He shall make a record of each meeting of the Membership and Lodge Executive Board as needed and shall submit same for approval or rejection at the next Lodge Executive Board and/or membership meeting.

 

            Section 3.        He shall conduct the general correspondence of Lodge #85.

 

            Section 4.        He shall furnish a bond for the faithful performance of the duties in such form and amount as approved by the State Board of Directors to be paid for by the State Lodge.

 

            Section 5.        All revenues of Lodge #85 shall be delivered to the Lodge Secretary, who shall record the same and then forward said monies to the Lodge Treasurer for deposit in the proper accounts of the Order.

 

            Section 6.        He shall, together with the Lodge Treasurer, attest to all warrants and vouchers in respect to the disbursement of funds relating to the administration of the office of the Lodge Secretary.

 

            Section 7.        He shall attest, under the Seal of the Order, to all duly authorized contracts of the Order.

 

            Section 8.        He shall be the official custodian of this Constitution and By-laws of the Order and amendments thereto, each of which shall be authenticated by the Seal of the Order and the signatures of the Lodge President and Lodge Secretary.

 

                         A.         The Lodge Secretary shall maintain a book of amendments to this Constitution and a like volume in respect to the By-laws.

 

                          B.       He shall be responsible for preparation of amendments to this Constitution and the By-laws prior to presentation to the Lodge Executive Board and membership and shall ensure that each said amendment conforms to the document it seeks to amend in respect to form, placement and syntax.

 

                          C.        He shall be responsible for the publication of this Constitution and the By-laws of the Order, as amended, and shall include therein notations or history denoting the date of each amendment and the content thereof.

 

            Section 9.        The Lodge Secretary shall maintain the official list of membership of the Order and shall not release the same unless specifically authorized or directed to do so by the Lodge Executive Board.  Such direction or authorization shall be entered in the minutes of the meeting wherein such authorization is granted and notice thereof shall be given to the members by publication of same in the official publication of the Order.  Any officer or member of the Fraternal Order of Police who violates this section by giving the membership list to anyone, or who uses the membership list for any purpose other than official Fraternal Order of Police business shall be ordered to stand trial before the Lodge Executive Board.  If found guilty of such violation, he shall be suspended from the Fraternal Order of Police for a period of not less than one (1) year.

 

            Section 11.      The Lodge Secretary shall mail to each member of the Lodge Executive Board notice of special meetings thereof not less than fifteen (15) days prior to such meeting.

 

            Section 12.      He shall attend all meetings of the Lodge Executive Board and membership.

 

ARTICLE 10

Lodge Treasurer

 

            Section 1.        The Lodge Treasurer shall be the custodian of the funds of Lodge #85, and pay all vouchers as duly authorized, and keep an accurate account of all funds received and expended.

 

            Section 3.        He shall, together with the Lodge President, attest to all warrants and vouchers for disbursement from any fund of Lodge #85 which do not relate to the administrative responsibility of the Lodge Secretary and shall, together with the Lodge Secretary, attest to all warrants and vouchers for the disbursement of funds relating to the administrative responsibilities of the Lodge Secretary.

 

            Section 4.        He shall keep an itemized accounting of all receipts and disbursements.  A copy of all records shall be filed with the office of the Lodge Secretary.

 

            Section 5.        He shall deposit the funds of the Order in a financial institution approved by the Lodge Executive Board in such instruments of deposit as shall ensure their safety and shall retain in his office, for the purpose of paying emergency current expenses, a contingency fund not to exceed One Hundred Dollars ($100.00) established by the Bylaws.

 

            Section 6.        He shall establish such special accounts as shall become necessary and allocate to each the amounts collected or appropriated thereof.

 

            Section 7.        He shall report to the Lodge Executive Board, at each Lodge meeting, reports of the financial condition of Lodge #85.

 

            Section 8.        He shall perform such other duties as are usual and incident to the office of the Treasurer or as shall be delegated by the Lodge President or Lodge Executive Board.

 

            Section 9.        He shall attend all meetings of the Lodge Executive Board and membership.

 

ARTICLE 11

Lodge Sergeant At Arms

 

            Section 1.        He shall assist the Vice President/State Trustee in the execution of such duties as the Lodge President may order.

 

            Section 2.        He shall attend all meetings of the Lodge Executive Board and membership.

 

ARTICLE 12

Lodge Chaplain

 

          Section 1.        He shall be a member of the Lodge Executive Board.

 

            Section 2.        He shall perform any duties as directed by the Lodge President or the Lodge Executive Board.

           

ARTICLE 13

Lodge Trustee

 

            Section 1.        He shall be a member of the Lodge Executive Board.

 

Section 2.        He shall oversee the good of any properties owned by Lodge #85.

 

            Section 3.        He shall perform any duties as directed by the Lodge President or the Lodge Executive Board.

 

ARTICLE 14

State Trustee

 

Section 1.        He shall represent Lodge #85 as that lodge’s representative at the State Board of Directors meetings and Biennial Conference.

 

Section 2.        He shall attend meetings of the State Trustees and State Board of Directors.  He shall have voice and vote at these meetings for the good of Lodge #85.

 

Section 3.        When a State Trustee is unable to attend any meeting or function called by the State President, the President of Lodge #85 shall be permitted to attend the meeting or function in the place of the State Trustee.  If neither the State Trustee nor the Lodge President is able to attend the meeting or function, the Lodge President shall, in his discretion, appoint a member to attend in his place from within the Lodge Executive Board.  The Lodge officer attending in lieu of the State Trustee shall have voice and vote for the meeting or function only and shall be reimbursed in the same manner as would be the State Trustee.

 

ARTICLE 15

Lodge Delegates to the State Biennial Conference

 

            Section 1.        The State Biennial Conference shall be held during the months of September or October in even-numbered years.

 

            Section 2.        Lodge #85 shall elect delegates to the Biennial Conference, each of whom shall have one vote.  Each member organization having fifty (50) or less members in good standing shall be entitled to one (1) delegate and one (1) alternate.  Each subordinate lodge having more than fifty (50) members shall have one (1) delegate and (1) alternate for the first fifty (50) members and one (1) delegate and one (1) alternate for each additional fifty (50) members or greater portion thereof.  In computing the number of delegates which a subordinate lodge may elect, only its members in good standing as of November 1 of each year shall be considered.  An alternate delegate shall act and vote only in the event of absence or incapacity of the regular delegate.

 

ARTICLE 16

Lodge Membership

 

            Section 1.        Lodge #85 has established membership requirements in accordance with Article 20 of the Constitution of the Fraternal Order of Police of North Carolina, Inc.

 

            A.        Any member in arrears in dues or assessments more than thirty (30) days and less than ninety (90) days shall be deemed to be delinquent and not in good standing.  

 

            B.        Any member in arrears in payment of dues and assessments more than ninety (90) days shall be and hereby is automatically suspended.

 

C.        Any member delinquent or suspended, as provided in Section 2 of this article, may be reinstated and restored to good standing by the payment of all back dues and assessments in addition to the payment of dues for the current year in which such reinstatement is made.

 

            D.        Any member who is delinquent, or who has been suspended by a Lodge #85 for any reason, shall not be eligible for membership in any other subordinate lodge until suspension has been lifted.

 

            Section 2.        Individual applicants (Active, Associate, Honorary, Auxiliary or Affiliate) for membership in Lodge #85, after proper investigation, shall be voted on at a regular meeting of the lodge.  A majority vote of the members present favoring acceptance of the applicant as a member shall be necessary.

 

            Section 3.        Law enforcement officers residing in a county wherein there is no subordinate lodge shall be eligible to make application for membership in the lodge located nearest their place of residence or place of employment.

            Section 4.        Lodge #85 shall consist of not less than ten (10) members.

 

            Section 5.        Officers

 

            A.        Lodge #85 shall provide for the establishment of officers similar in kind, title and duties as set forth herein which officers shall constitute the Executive Board, and for such other officers as may be required by the applicable law and shall prescribe the time, method and manner of election of such officers.

 

            B.        Lodge #85 shall provide for the filling of vacancies among its officers occasioned by death, resignation or otherwise.

 

                C.        No member shall be nominated, or be a candidate, for more than one office at the same election.  No officer-elect shall be a candidate for any other office.

 

             D.       In order to be eligible for election to any office, including delegate to the National Biennial Conference, a member shall be and remain in good standing and shall meet all other requirements of the Constitution and By-laws of the lodge of which he seeks to be an officer, provided said Constitution and By-laws have been approved by the State or Grand Lodge, whichever is applicable.  Any member not so qualified shall be ineligible for election to any office.

 

            Section 6.        Constitutions

 

A.        Lodge #85 shall adopt a Constitution and By-laws as it deems necessary for the governance thereof, provided, however, that such Constitution shall not be in conflict herewith.

 

            B.        Lodge #85 shall submit for approval two (2) copies of its Constitution and By-laws, if any, and any revisions thereto to the State Lodge.  The State Lodge Constitution and By-laws Committee will determine that said Constitution and By-laws, if any, are not in conflict with the Constitution and By-laws of the State Lodge or the Grand Lodge.  The Constitution and By-laws Committee will present Lodge #85’s Constitution and By-laws to the State Board of Directors for final approval.

 

C.        In the event Lodge #85 submits a Constitution or By-laws, or amendments or revisions thereto, to the State lodge for approval and approval is denied in whole or in part, Lodge #85 or the proponents of the disapproved proposal shall have the right to appeal such ruling to the State Board of Directors.  Such appeal shall be entered by providing written notice thereof not less than sixty (60) days prior to the next meeting of the State Board of Directors to the State Secretary.  Such notice shall include a copy of the proposed Constitution or revision thereto, the written ruling, if any, denying approval of said Constitution or revision thereto and a statement of the basis upon which appeal is taken.

 

            Section 8.        Lodge #85 shall not solicit funds or anything of value for any reason whatsoever in the territory of another subordinate lodge or any other territory without the written permission of the subordinate lodge and/or the State Lodge in whose territory the solicitation is to be made.  Said written permission shall be signed by the president and secretary of the subordinate lodge granting permission and shall certify that permission was given by the subordinate lodge at a regular meeting or a special meeting called for that specific purpose.

 

            Section 9.        Receivership

 

A.        The president of Lodge #85 that shall become insolvent shall provide written notice thereof to the State Secretary.  In such event, the State Lodge may, but shall not be required to assume control of Lodge #85 for a period of six (6) months, during which period Lodge #85 shall be operated under the supervision of the State President or his designee.  Extensions in increments of six (6) months may be granted at the request of the Lodge #85’s President and with the approval of the State President.

           

B.        Upon written request therefore made by two-thirds (2/3) of the governing board of Lodge #85 to the State President, the State Lodge may, but shall not be required to assume control of Lodge #85.  In such case, Lodge #85 shall be operated for a period not to exceed six (6) months under the supervision of the State President or his designee.

 

            Section 10.      Any lodge that is suspended or delinquent may be reinstated and restored to good standing by payment of all amounts due, including all delinquency fees.

 

ARTICLE 17

 

[RESERVED]

 

ARTICLE 18

Auxiliaries

 

            Section 1.        Fraternal Order of Police of North Carolina, Inc., recognizes, acknowledges and validates Auxiliaries of the State Lodge and Subordinate Lodge.  Such Auxiliaries may function as State Lodge Auxiliaries and Subordinate Lodge Auxiliaries.  Such Auxiliaries shall be subject to the control and supervision of the lodge or lodges with which they are affiliated.  They shall conform to and be governed by a Constitution and such By-laws as they shall adopt and which shall, at all times, be subject to approval of the governing body of the lodge with which they are affiliated and, ultimately, the Grand Lodge.

 

ARTICLE 19

Affiliate Membership

 

  Section 1.        The existence of this classification of membership is at the discretion of Lodge #85.

 

            Section 2.        Affiliate members may serve on committees.

            Section 3.        Affiliate members shall not be eligible to hold office.

 

            Section 4.        All membership records of Affiliates shall be maintained by Lodge #85 and State Lodge.

 

ARTICLE 20

Discipline and Hearings

 

            Section 1.        This article shall govern discipline of officers and members of Lodge #85 and shall be interpreted in such manner as to afford equity and fairness total affected thereby.

 

            Section 2.        Discipline shall be initiated by the Lodge #85 and imposed upon an individual member for good cause where the member has acted or failed to act in respect of a matter of direct and significant importance to Lodge #85 or State Lodge or has violated this Constitution, the By-laws or the Ritual of the Order.

 

            Section 3.        Individual Members

 

            A.        Except as otherwise provided herein, individual members shall only be disciplined by the Lodge #85 or State Lodge of which they are members, and Lodge #85 and State Lodge shall develop and promulgate rules that provide for the fair and appropriate discipline of its members and are not inconsistent with this Constitution.  However any member suspended or expelled by a Lodge #85 for any reason except for nonpayment of dues shall have the right of appeal to his State Executive Board.

 

            B.        In the case of discipline imposed upon an individual member involving suspension, expulsion or removal from office by Lodge #85, an appeal may be taken by the member to the State Lodge and an appeal may be taken from the decision of the State Lodge by the non-prevailing party to the National Board of Trustees and, ultimately, to the Biennial Conference.

 

                        1.         An appeal to the State Lodge may be brought by the filling of a written notice of appeal with the State President not more than thirty (30) days after the member’s receipt of official notification of his suspension, expulsion or removal from office.  Unless continued or delayed for good cause, such appeal shall be heard by the State Lodge at the next Board meeting following the State Lodge Presidents receipt of such notice of appeal and unless waived in writing by both the appealing member and the responding lodge, a written decision shall be rendered by the board within ten (10) days after such meeting.  Both the appealing member and Lodge #85 from whose action the appeal is brought shall have the right to a hearing at which both parties may be heard and may present witnesses and documents.  Such hearing shall be conducted in conformity with Article 23 of the By-laws.  The parties to the appeal shall receive notice of the date of the hearing by registered mail not less than ten (10) days before such hearing.

 

                        2.         The State Lodge may sustain, modify or reverse the disciplinary action against the member or order the immediate reinstatement of a member.  Both the member and the President of the Lodge #85 shall be notified immediately by registered mail of the decision of the State Executive Board.

 

            C.        The State Secretary shall maintain a complete and accurate record of all disciplinary proceedings.

 

            D.        Both the member and Lodge #85 shall have the right of appeal from the decision of the State Lodge officers to the State Lodge Board of Directors.  Furthermore, the member of subordinate lodge may appeal the Board of Directors’ decision to the Grand Lodge Board of Directors.  The member or the subordinate lodge may further appeal the decision of the Grand Lodge Board of Directors to the Biennial Conference.  The appeal shall be head and the decision rendered in the same manner as prescribed in the preceding paragraphs.  The decision of the Biennial Conference shall be final.

 

            E.         In any case of discipline involving suspension, expulsion or removal from office of an individual member initiated by a State Lodge, or upon the decision of the State Lodge in respect to an appeal from the action of a subordinate lodge, an appeal may be taken to the National Board of Trustees and, ultimately, to the Biennial Conference.  The appeal will be made in accordance with Grand Lodge Constitution and By-laws.

 

            Section 4.        Lodge #85

 

            A.        The Charter of Lodge #85 may be cancelled, suspended, or revoked for good and sufficient cause after notice and hearing by the State Board of Directors.

 

            B.        Except as otherwise provided herein, Lodge #85 shall only be disciplined by the North Carolina State Lodge.  Such discipline may be imposed only upon a showing of good and sufficient cause after a fair hearing by North Carolina State Lodge’s governing body.

 

            C.        Lodge #85 may appeal from the imposition of discipline by its respective State Lodge to the National Board of Trustees and, ultimately, the Biennial Conference.  The appeal will be made in accordance with Grand Lodge Constitution and By-laws.

 

            Section 5.        Lodge Officers

 

            A.        Lodge #85 Officers shall be subject to discipline, including censure, reprimand, and removal from office or expulsion from the Order only upon proof of good cause.

 

            B.        Allegation(s) of misconduct against a Lodge Officer in respect to his duties as a Lodge Officer shall only be brought by a member of Lodge #85’s Executive Board.  Said allegation(s) shall be in writing and notice thereof shall be served upon the Lodge Officer against whom the allegation(s) are made and the Lodge Secretary, provided, however, that if such allegation(s) are made against the Lodge Secretary, said allegation(s) shall be served upon the Lodge President.  Said allegation(s) shall specifically describe the nature of the alleged misconduct in sufficient detail for a determination by the Executive Board as to whether there exist good cause to proceed with the inquiry.

           

            C.        Upon service of the allegation(s) on the affected Lodge Officer and the Lodge Secretary (or Lodge President, as the case may be), copies of the allegation(s) shall be distributed to each member of the Executive Board.  The Lodge Officer against whom the allegation(s) are made shall, within (30) days of receipt of the allegations(s), prepare a response thereto and serve said response upon the Lodge Secretary (or Lodge President, as the case may be), which response shall be distributed to each member of the Executive Board.  The Lodge Secretary or Lodge President, in the event that the allegation(s) pertain to the Lodge Secretary, shall forward to each member of the Executive Board an anonymous ballot upon which each Executive Board member shall indicate, after reviewing the allegation(s) and the response thereto, whether he believes that there exists good cause to proceed with the inquiry.  Said ballots shall be returned to the Lodge Officer from whom they are received and shall be counted and the results thereof certified to the Lodge Vice President/State Trustee (unless he is the Lodge Officer against whom the allegations are made, in which case the results shall be certified to the Lodge President).  The ballots shall be retained until the resolution of the matter.        

 

            D.        Upon receipt by the Lodge Vice President (or the Lodge President, as the case may be) of the certified results of the ballot, said Lodge Officer shall determine whether good cause to proceed further with the inquiry was found by the Executive Board.  A majority vote of all of the members of the Executive Board shall be necessary for a finding of good cause to proceed further with the inquiry.  The Lodge Vice President/State Trustee shall either (i) immediately cause the Lodge Secretary to (or shall himself) distribute to each member of the Executive Board notice that good cause was not found to proceed with an inquiry, or, (ii) certify to the Lodge President (or to the State Vice President in the event that the allegations are made against the Lodge President) that good cause has been found to proceed with further inquiry. The Lodge President (or Lodge Vice President) shall declare an emergency, call a meeting of the Executive Board and ensure that notice thereof is given within forty-five (45) days of said meeting.

 

            E.         The emergency meeting of the Executive Board shall be held for the purpose of resolving the charges against the Lodge Officer and there shall occur a disciplinary hearing thereon before the Executive Board at which the charged Lodge Officer shall be entitled to counsel and shall be afforded due process to the same extent afforded members and lodges herein.  The Vice President (or the Lodge President, if the charges have been brought against the Vice President) shall preside over such disciplinary hearing and shall resolve all questions of procedure and evidence.

 

            F.         No disciplinary action shall be taken upon a Lodge Officer except upon two-thirds (2/3) vote of the Executive Board entitled to vote.

            G.        A Lodge Officer against whom discipline is imposed in accordance herewith shall be entitled to appeal the decision of the Executive to the next State Board of Directors.

 

                        1.         An appeal by a Lodge Officer shall be made by filing notice thereof with the Lodge Secretary within thirty (30) days of the decision of the Executive Board.

 

                        2.         The Lodge Officer making the appeal shall be permitted to address the State Board of Directors meeting, or the State Biennial Conference for such time as the Chair shall deem appropriate and the Vice President/State Trustee (or the Lodge President, as the case may be) shall be permitted an equal amount of time to respond thereto.

 

            H.        Any member of the Executive Board who brings an allegation against another Lodge Officer which allegation is found to be brought frivolously or for personal gain shall, himself, be subject to discipline by the Executive Board.

 

ARTICLE 21

Resolutions

 

[RESERVED]

 

ARTICLE 22

Official Order of Business

 

            Section 1.        The Order of Business for meetings other than conferences shall be:

 

1.                  Roll call of Officers.

2.                  Reading of rough minutes of previous meeting or any other meeting.

3.                  Reports of officers.

4.                  Reports of committees.

5.                  Communications.

6.                  Bills.

7.                  Sick and Distressed.

8.                  Unfinished Business.

9.                  New Business.

10.              Good of the Order

11.                 Adjournment.

 

ARTICLE 23

Parliamentary Procedure

 

            Section 1.        Except as provided in the Constitution and By-laws, the latest edition of “Roberts’ Rules of Order” shall govern the conduct and deliberations of the Conferences, meetings of the Board and Committees of the Order.

 

            Section 2.        Every member of the Executive Board of the Lodge #85 shall have a right to speak upon any subject on the meeting’s business agenda or on any subject which is introduced as new business, subject to the following limitations and conditions:

 

                        A.        The President, before any subject is opened to discussion at the Executive Board Meeting of the Lodge #85, shall have the right to set down reasonable time limitations, which shall be applied uniformly, on each member who desires to speak.  Considerations shall be given to the importance of the subject matter raised for discussion, its complexity, and other pertinent factors in fixing such time limitations.

 

                   B.        The right to engage in discussion at a Executive Board Meeting of the Lodge #85 shall in no way authorize any member who had not heretofore had the right to vote at such Executive Board Meeting of the Lodge #85 to do so.

 

ARTICLE 24

Official Ritual

 

            Section 1.        There shall be an official Ritual of the Order, which shall be known as the Fraternal Order of Police Ritual, as set forth by the Grand Lodge.

 

ARTICLE 25

Constitutional Amendments

 

            Section 1.        Only an active member may propose an amendment to this Constitution, which proposed amendment shall be submitted for consideration and vote at the November Meeting of the each even year.  No proposed amendment shall become a part of this Constitution except upon a two-thirds (2/3) vote of the membership of Lodge #85.

 

            Section 2.        A proposed amendment to this Constitution may be submitted by an active member in writing to the Lodge Secretary not less than sixty (60) days prior to the November Meeting of each even year at which it is to be considered.  The proposed amendment shall be signed by the submitting member.  The Lodge Secretary shall mail a copy to each member of the Lodge Membership not less than thirty (30) days prior to the next November Meeting of each even year.

 

            Section 3.        A proposed amendment shall contain the precise language of the proposed amendment, shall specifically set forth the language to be added, deleted and/or revised, and shall identify each and every article and section of this Constitution affected thereby.  Proposed amendments shall not be set forth in resolution form but shall be accompanied by a statement, not to exceed one (1) page in length, setting forth the basis for the proposed amendment.

            Section 4.        The Executive Board shall receive proposed amendments to this Constitution and shall review same for form, grammar, placement within this Constitution and substance and shall report to the membership its conclusions and recommendations thereon.

 

ARTICLE 26

Dues

 

            Section 1.        Dues

 

                A.        Each Lodge #85 member shall pay to Lodge #85 an annual sum of One Hundred Dollars ($100.00). This payment shall become due and payable on August 31of each year and will maintain a member in good standing for the period of one (1) year, December 1 through November 30 of the following year.