BY-LAWS

ARTICLE 1

Name and Insignia

            Section 1.        No member of the Lodge #85 shall use the name; insignia or trademark of the Fraternal Order of Police except as authorized by the Constitution, the State Board of Directors, or set forth herein.

            Section 2.        The unauthorized use or the abuse of the name or insignia of the Fraternal Order of Police or the infringement of the trademark thereof by a member of Lodge #85, shall be grounds for discipline, including suspension, expulsion, removal from office, or revocation of lodge charter.

            Section 3.        The State and Lodge #85’s Secretary shall promulgate such rules as he deems necessary to protect, police, regulate and license the trademarks of the Order and to ensure that the name and insignia of the Order is used only for the purposes established by and in accordance with the authority granted by the National Board of Trustees.

ARTICLE 2

Character

            Section 1.        Lodge #85 shall take cognizance of all matters of statewide scope and concern affecting the welfare and interests of law enforcement officers and their departments.  The Executive Board or, in case of emergency, the Lodge President, shall take such immediate action as shall be necessary to safeguard their welfare or interests by providing aid and such other services as shall be required.

ARTICLE 3

[RESERVED]

ARTICLE 4

[RESERVED]

ARTICLE 5

Organization

            Section 1.        Lodge #85 will elect officers once every two years, consisting of the President, Vice President, Secretary, Treasurer, Sergeant at Arms, Chaplain, State Trustee and Lodge Trustee.

            Section 2.        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 3.        There shall be established such committees of the Order as the Lodge President shall prescribe and approved by the Executive Board.

            Section 4.        The Lodge President and Lodge Vice President shall appoint members to committees in accordance with the provisions of this Constitution.

            Section 5.        The Executive Board shall receive and consider proposed amendments to this Constitution and By-laws and shall report thereon to the Lodge Membership prior to its consideration thereof.

ARTICLE 6

Lodge Officers and Elections

            Section 1.        Any officer, committee member, or member performing the duties of or service for the State Lodge, whether by order of the State Board of Directors or the State President, shall receive a per diem allowance of not less than the schedule listed below, as shall be determined by the State Board of Directors or Executive Board in accordance with the current rate established by the United States Internal Revenue Service.  Each member seeking compensation from or reimbursement by the State Lodge shall furnish to the State President a voucher, which shall provide a detailed statement of expenses incurred and paid by him in service of the State Lodge, which voucher shall be approved or rejected by the President.

            A.        A minimum Per Diem of Thirty-five Dollars ($35.00).

            B.        The minimum amount established by the United States Internal Revenue Service for travel, per mile round trip, or by the most economical means of travel.

            C.        Hotel or motel expenses.

            D.        Registration fees.

            Section 2.        The members of the Board of Directors of the State Lodge entitled to receive expenses for attending a National Conference shall be limited to the State President, State Vice President, State Secretary, State Treasurer and Immediate Past President of the State Lodge.

ARTICLE 7

Lodge Executive Board

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

            Section 2.        The North Carolina Lodge Executive Board shall issue a report within thirty (30) days of each meeting thereof through the office of the Lodge Secretary to each member of Lodge #85.

ARTICLE 9

Lodge President

            Section 1.        The Lodge President shall submit a report to membership at each meeting.

            Section 2.        Within thirty (30) days after the expiration of his term of office, the Lodge President shall convey to his successor all unfinished business and books and records and physical property belonging to the Order.

ARTICLE 11

Lodge Vice President

            Section 1.        The Lodge Vice President shall submit a report to membership at each meeting.

            Section 2.        Within thirty (30) days after the expiration of his term of office, the Lodge Vice President shall convey to his successor all unfinished business and books and records and physical property belonging to the Order.

ARTICLE 12

State Secretary

            Section 1.        The Lodge Secretary shall submit a report to membership at each meeting.

            Section 2.        The Lodge Secretary shall be able to purchase supplies within reason for the general running of Lodge #85.

            Section 3.        The Lodge Secretary shall be responsible for the compilation, printing and distribution of the Constitution and By-laws.

            Section 4.        He shall collect all dues due to the Grand Lodge and State Lodge and turn them over to the Lodge Treasurer.

            Section 5.        Within thirty (30) days after the expiration of his term of office, the Lodge Secretary shall convey to his successor all unfinished business and books and records and physical property belonging to the Order.

ARTICLE 13

Lodge Treasurer

            Section 1.        The Lodge Treasurer shall submit a report to membership at each meeting.

            Section 3.        The Lodge Treasurer shall keep all accounts and make all deposits of funds for Lodge #85.

            Section 5.        All books shall be audited at the expiration of his term of office by the Executive Board.

            Section 6.        Within thirty (30) days after the expiration of his term of office, the Lodge Treasurer shall convey to his successor all unfinished business, books, records and physical property belonging to the Order.

ARTICLE 15

State Sergeant at Arms

            Section 1.        The Lodge Sergeant at Arms shall submit a report to membership at each meeting..

            Section 2.        He shall have charge and control of Lodge #85 business meetings and Executive Board meeting place.  He shall permit only qualified person to enter or remain.

            Section 4.        He shall perform such other duties as shall be ordered by the Lodge President.

            Section 5.        Within thirty (30) days after the expiration of his term of office, he shall convey to his successor all unfinished business, books, records, and physical property belonging to the Order.

ARTICLE 16

Lodge Chaplain

            Section 1.        The Lodge Chaplain shall submit a report to membership at each meeting.

            Section 2.        It shall be the duty of the Chaplain to give the Invocation and Benediction at all meetings, and to render such assistance as possible, in times of illness and bereavement to these members.

            Section 3.        Within thirty (30) days after the expiration of his term of office, he shall convey to his successor all unfinished business, books, records and physical property belonging to the Order.

ARTICLE 18

Lodge Trustee

            Section 1.        Except as otherwise provided, the Lodge Trustee shall have charge of and be responsible for all property of the Order.  The Lodge Trustee, by the body as a whole or by delegation, shall:

            A.        Have ultimate responsibility for the physical property of the Order.

            B.        Make a complete and itemized inventory and reconcile the same to the books and records of the Order.

            C.        Upon order of the Executive Board purchase any equipment or supplies deemed necessary.

                Section 2.        Within thirty (30) days after the expiration of his term of office, the State Trustee shall convey to his/her successor all unfinished business, books, records and physical property belonging to the Order.

ARTICLE 18

Lodge 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.

ARTICLE 25

Discipline and Hearings

            Section 1.        In respect to any disciplinary hearing conducted by any lodge of the Order, due process shall be afforded the parties thereto.

            Section 2.        In all disciplinary hearings conducted by any lodge of the Order, the body conducting such hearing shall:

            A.        Require the complaint(s), charge(s) or allegation(s) be made under oath and in writing and provide such facts as may enable the charged party to be fairly apprised of the nature of the charge;

            B.        Ensure that the party charged is provided with a copy of such complaint, charge or allegation and given sufficient time, which in any event shall be not less than thirty (30) days, to prepare a defense, if any, thereto;

            C.        Conduct a hearing upon the matter during which the tier of fact shall limit the scope of the inquiry to the specific complaint(s), charge(s) or allegation(s) set forth in the written notice thereof;

            D.        Adhere to an order of procedure which places the burden of proof upon the party charging the member, lodge or national officer;

            E.         Permit the parties thereto to introduce documents and exhibits and the testimony of witnesses in accordance with such rules of evidence as may be determined and applied uniformly by such body.

            Section 3.        Discipline may be imposed upon a member or lodge for any violation of the good of the Order, including, but not limited to, the following:

            A.        Violation of the Constitution, these By-laws, of the Ritual, Oath or obligations of the Order.

B.        Acts of disloyalty to the Fraternal Order of Police, including, but not limited to, overt attempts to decertify the Fraternal Order of Police where such lodge is the certified bargaining representative of its members, holding office in an organization which encourages members of the Fraternal Order of Police to leave the Order or, where applicable, which attempts to decertify the Order or such other acts as bring disrepute, disgrace or dishonor upon the Fraternal Order of Police;

            C.        Distribution or use of the Lodge membership list for any reason without the express permission of the Lodge Executive Board or the Lodge Secretary; and,

            D.        The unauthorized use or the abuse of the name or insignia of the Fraternal Order of Police or the infringement of a trademark thereof.

ARTICLE 32

By-law Amendments

Section 1.        Only an active member may propose an amendment to these By-Laws, 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 By-Laws except upon a two-thirds (2/3) vote of the membership of Lodge #85.

            Section 2.        A proposed amendment to these By-Laws 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 By-Laws 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 By-Laws and shall review same for form, grammar, placement within this By-Laws and substance and shall report to the membership its conclusions and recommendations thereon.

ARTICLE 33

Dues

Section 1.        Dues