Party Statement: JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al

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                                SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Jul-23-2012 3:45 pm

Case Number: CGC-10-501168 |
Filing Date: Jul-23-2012 3:44
Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 03696367
DECLARATION

JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION,
Aetal

001C03696367

Instructions:
Please place this sheet on top of the document to be scanned.

XXCeo YN DH PF WN

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LAW OFFICES OF PAUL L. KRANZ
PAUL L. KRANZ, ESQ., SBN 114999
kranzlaw@sbcglobal.net

2560 Ninth Street, Suite 213

Berkeley, California 94710

(510) 549-5900

Telephone:
(510) 549-5901

Facsimile:

Attorneys for Named Plaintiffs Johna Pecot, er al.,

and all others similarly situated

SANFR ARR COUNTY.
SUPERIGR COURT "©

2012 JUL 23 PM_3: 45

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

JOHNA PECOT, THOMAS ARATA,
RICH OWYANG, STEPHEN TILTON,
JOSEPH LEAKE, and OSCAR TAYLOR,
Individually and on Behalf of All Others
Similarly Situated,

Plaintiffs,
ve

SAN FRANCISCO DEPUTY SHERIFF’S
ASSOCIATION, a California Nonprofit
Corporation, SAN FRANCISCO DEPUTY
SHERIFF’S FOUNDATION, a California
Corporation, DAVID WONG, an
individual, MICHAEL ZEHNER, an
individual, BRIAN SAVAGE, an
individual, SHEDRICK McDANIELS, an
individual, and DOES 1-100,

Defendants.

SSeS

CASE NO. CGC-10-501168

SUPPLEMENTAL DECLARATION OF
PAUL L. KRANZ IN SUPPORT OF
REPLY TO DEFENDANTS’
SUPPLEMENTAL OPPOSITION TO
MOTION FOR RECONSIDERATION

Date: July 27, 2012
Time: 8:30-a.m.
Dept.: 26

I, Paul L. Kranz, declare as follows in support of Plaintiffs’ Reply to Opposition To

Motion For Reconsideration:

1. I have personal knowledge of the information set forth herein, unless noted on

information and belief, all of which is true and correct of my own personal knowledge, and if

called upon to testify, I could and would competently testify thereto.

SUPPLEMENTAL DECLARATION OF PAUL L. KRANZ IN SUPPORT OF REPLY TO DEFENDANTS’
SUPPLEMENTAL OPPOSITION TO MOTION FOR RECONSIDERATION2. Attached hereto as Exhibit U is a true and accurate copy of its Constitution and

Bylaws I obtained from the San Francisco Deputy Sheriffs’ Association.
3. Attached hereto as Exhibit Vis a true and accurate copy of the dues proposal at

issue in this case.

I declare under penalty of perjury of the laws of the State of California that the foregoing

is true and correct and that this declaration was executed on July 23, 2012.

Pave of D—

Paul L: Kranz

Cm XDA HW BF WN

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SUPPLEMENTAL DECLARATION OF PAUL L. KRANZ IN SUPPORT OF REPLY TO DEFENDANTS’
SUPPLEMENTAL OPPOSITION TO MOTION FOR RECONSIDERATIONSAN FRANCISCO
DEPUTY SHERIFF’S
ASSOCIATIONCONSTITUTION & BYLAWS

SAN FRANCISCO
DEPUTY SHERIFFS’ ASSOCIATION

TABLE OF CONTENTS

Article I: The Name of this Organization...........
Article Il: PurposeS ....... 0.000 cece eae e eens 1
Article Il]: Membership ............0.. 0.0000 e eee 3
Article I1V: Membership — Bargaining Unit......... 4
Article V: Dues ..... bed c eee ee eee cence anes 5
Article VI: Officers of the Association ............. 7
Article VII: Terms of Office .........0.-. 0.0000. 14
Article VIH: Election of Officers ................ 14
. Article IX: Eligibility for Office... .. . eee eee eee 15
Article X: Vacancy or Resignation of Office ....... 17
Article XI: Filing Vacancy of Office ............. 19
Article XII; Meeting — General ..........2..... 20
Article XIII: Meetings — Board of Directors ....., . 22
Article XIV: QuorumS ....... 2.0... cece eee eae 22
Article XV: Section Representatives .............. 23
23

Article XVI: Guest SpeakersArticle XVII: Committees ---- 1s reer 23
Article XVIIL: Employment/Employees Lee eens 25
Article XIX: Life Insurance... +--+ +s e007" .. 26
Article XX: Audit .....-e seers rere 26
Article XXI: Association Holdings ...-+----e 0800? 27
Article XX: Emergency Financial Assistance ....-- 28
Article XXIM: Amendments ..-- +++ sss rr srtt 28
Article XXIV: Effective Date ..-+---+s-s0 rrr 29
Article XXV: Savings Clause ..-----s+eeerrcct 29
{it]CONSTITUTION & BYLAWS
SAN FRANCISCO

DEPUTY SHERIFFS’ ASSOCIATION

EFFECTIVE
July 1, 1999

ARTICLE I

The name of this organization shall be known as the San
Francisco Deputy Sheriffs’ Association. For the sake of
brevity the organization may also be referred to as the

“SFDSA” or “DSA.”
ARTICLE II
PURPOSE

Section 1: The purpose of the Association is as follows:
To provide representation for its members, as neces-

sary and as provided for in these Bylaws, in matters
relating to employment, working conditions and

benefits;

To provide and maintain a “labor organization” (as
the term is used in section 501 (c) (5) of the Internal
Revenue Code) that has as its principal purpose the
representation of its employees in such matters as
wages, hours of labor, working conditions, economic
benefits and to maintain a professional political

a.organization of the peace officers employed by the
City and County of San Francisco,

To promote and encourage the continuance and
improvement of a disability and retirement system for
peace officers employed by the City and County of

San Francisco;
To support the highest professional standards for
peace officers by encouraging the departmental estab-
lishment of training, promotional opportunities, and
to encourage educational incentives for its members
to continue higher education through accredited insti-
tutions and other methods of instruction;
To support and encourage strict adherence to the
merit system provided by Civil Service and to support
and encourage a system of competitive examinations
for both entrance and promotion under Civil Service
, (Human Resources);
To encourage activities which improve the morale
and general welfare of the members; and
To encourage activities among the association mem-
bers that provide community services in the San
Francisco Bay Area.
Section 2: The Association shall take the necessary
measures toward the accomplishment of these purposes.Section 3: The Association name shall not be used for any
purpose not related to Association business, without the
majority approval of the Board of Directors present at the

meeting.
ARTICLE III
MEMBERSHIP

Section 1: There shall be two (2) classes of membership
in this Association:

a. Active Members

1. Active membership shall be limited to full-time,
paid peace officers of the San Francisco County
Sheriffs’ Department, including those Deputy
Sheriffs’ on leave of absence as approved by the

Department.
All members in good standing shall have the
right to examine the books, reports and corre-
spondence of the Recording Secretary or the
Treasurer of the Association, upon request;

All members who are terminated, or otherwise
dismissed by the Department, shall remain in
good standing in this Association, until such time
as all their appellate rights have been exhausted
(including Local, State and Federal levels);

Any member who is dismissed or terminated and
who appeals such dismissal or termination, mayb. Retired Members
1.

remain a member in good standing pending the -
outcome of said appeal (including any judicial
review thereof), upon a majority vote of the
Board of Directors at a General or Special
Meeting, may elect to pay the dues of any such
dismissed or terminated person out of the gener-
_al funds of the Association pending the outcome
of the appeal, but in no event shall this payment
be longer than one year from the date of

separation.

“Retired Membership” shall be available to all

active members in good standing upon their
retirement.
Retired Members may pay dues to the
Association but not to the Operating Engineers
Local Union No. 3.
Retired Members may receive discount admit
tance to all SFDSA events.

ARTICLE IV

MEMBERSHIP — BARGAINING UNIT

— Section 1: The Association is affiliated with the Public
Employees Division of the Operating Engineers, Local

Union

No. 3 of the International Union of Operating

Engineers, AFL-CIO,Section 2: The Bargaining unit members, represented by
the Association pursuant to Section 3500 et seq. of the
California Government Code, shall also be members in
good standing of the Public Employees Division of the
Operating Engineers, Local Union No. 3 of the
International Union of Operating Engineers, AFL-CIO.
ARTICLE V
DUES

Section 1: Dues of the Association shall be set by vote of

the general membership.
Members of the bargaining unit shall pay Association

a.
dues and dues set and approved by the Public
Employee Division of the Operating Engineers, Local
No. 3.

b. Retired members: Retired members may pay five

dollars ($5.00) per month dues to the Association. |
Retired members shall also.pay the cost of maintain-
ing any insurance or other benefit available through
their Association membership.

Section 2: Payment of dues shall be an authorized payroll
deduction from each member. Retired membership will
be paid directly to Treasurer.*

(* See Article III, Section b)

Payment thus made shall be for the pay period for

a.
which the deduction was drawn.‘Members paying dues by salary deduction shall be

considered in active status as long as the deduction

authorization is in effect.

Any member who is drafted into service for the
Armed Forces of the United States, who is mobilized
(activated) as a member of the Military Reserve or -
National Guard for a National or State emergency,
shall remain an active DSA member without payment
of dues for the duration of their Military obligation,
involving National or State emergency. This section
does not apply to the normal obligation of
Reserve/National Guard status (Summer camp or
meetings) in any of the above military units.

Section 3: Change of Dues

If a change of Association dues is to be considered,
the membership shall be advised in writing by the
Secretary through the Shop Stewards. Members shall
vote by secret ballot given to the Shop Stewards at the
monthly general body meeting. For dues changes,
ballots shall be at,the work sites for a minimum of fif-
teen (15) days prior to collection. Ballots will be
returned to the Secretary via ballot boxes at a desig-
nated time for collection. A majority vote of ballots
returned is necessary to change the dues structure.b. Changes in dues to the Public Employees Division of

the Operating Engineers, Local No. 3 shall be set in
accordance with the Union’s Bylaws.

ARTICLE VI
OFFICERS OF THE ASSOCIATION

Section 1: Management of the Association’s business
shall be vested in its Board of Directors. The Board of
Directors shall consist of seven (7) Executive Officers
(President, Vice-President, Secretary, Treasurer, Sergeant-
at-Arms, Parliamentarian and Immediate Past President)
and Shop Stewards as determined by the number of facil-
ities and satellite units needing representation..

a.

PRESIDENT: The President shall be the chief execu-
tive officer and shall preside at all meetings of the .
Association and of the Board of Directors. The
President shall enforce a strict observance of the
Bylaws and all other laws, rules, and regulations
applicable to the governing of the Association and the
Board of Directors. The President shall be empow-
ered to designate committees and appoint member-
ship there to, which are not provided for. The
President shall be an ex officio member of all com-
mittees. The President shall require all officers of the
Association to diligently and faithfully perform their
duties, and it shall be the President’s duty to forthwith
report to the Board of Directors any dereliction that

-7-may come to the President’s notice. The President
shall announce the decision of the Association or the
Board of Directors on all subjects. The President shall -
sign all reports, certificates, documents or correspon-
dence that may be required. The President shall per-
form other duties as the nature of said office or a

majority of the board may require. The President shall
call meetings of the Board of Directors and the

Association as provided by these Bylaws.
Duties of the president’s office may also include:

a.

Attending S.F. Board of Supervisor’s Meetings,
including relevant Budget Committee Meetings,
Maintaining communication with the Mayor/
Mayor’s Office representative(s), :
Maintaining communication with the designated
Operating Engineer’s Local 3 Business Repre-
sentative regarding any potential disciplinary
proceedings, or actions and or appeals thereof.
Maintaining close communication with Shop
Stewards and all sworn staff, by making sched-
uled and random visits to all facilities.
Attending all pertinent S.F. Labor Council
Meetings.
Representing SFDSA at (CCLEA) and other pro-
fessional organization meetings.

-8-g. . Fostering constructive relationships with focal,
state and national law enforcement organiza-

tions.
Taking his/her own initiative to promote the pur-
poses of the DSA as stated in Article II., Section
1 through Section 3 of the DSA Bylaws.

b. VICE-PRESIDENT: In the absence of or the inabili-
ty of the President to act, the Vice-President shall
assume the powers and duties of the office of
President. In the event of the absence or disability of
both the President and the Vice-President, the Board
of Directors shall select a President pro tempora from
their membership who, while so acting, shall possess
all the powers of that office. The Vice-President shall
insure that committee reports are made on time. The
Vice-President shall provide direction for committees
in cooperation with the. chairperson. The Vice-
President shall insure that the committee chairperson
submit reports in accordance with the Bylaws.

SECRETARY: Shall keep the roll of the members,
current and complete minutes of all meetings of the
Association and of the Board of Directors. The
Secretary shall oversee, at the Deputy Sheriff’s
Association administrative offices, an accurate filing
system for recall of all reports, minutes and corre-
spondence pertaining to Association business as

-9-needed. The Secretary shall attend to all correspon-
dence and issue all notices, documents and communi-
cations not otherwise provided, for the necessary
transaction of business of the Association and as pro-
vided by the Bylaws. The Secretary shall at all times
keep inventory of the contents of any safe deposit box
and shall perform such other duties as may be
required by said office or by the Board of Directors.
The Secretary shall submit all the books, records,
papers, documents, etc. in said possession or under
said control to an authorized auditor whenever
requested. At the expiration or sooner termination of
the Secretary's tenure of office, the Secretary shall
deliver to said successor all books, documents, files,
papers, equipment and/or other matters belonging. to
the Association or to said office. The Secretary shall
notify the general membership and the Board of
Directors: of all regular and special meetings of the
Board and the Association in accordance with the
Bylaws. The Secretary shall inform the Treasurer
immediately of any checks that were issued during
the Treasurer’s absence or unavailability, and give the
pertinent information as required by the Treasurer.

TREASURER: Shall maintain the financial records
and funds of the Association and make necessary dis-
bursements, in accordance with the. Bylaws. The
Treasurer shall retain the services of a professional

-10-bookkeeper subject to the approval by the Board of

Directors for the preparation of all financial state-

ments, County, State, and Federal corporate tax
returns and general. accounting services as required.
The Treasurer will be responsible to see that the
above functions are carried out properly and in a
timely manner. Association funds shall be maintained
in accounts as named by the Board of. Directors and
the Bylaws. Checks drawn on Association funds shall
require two signatures when funds to be disbursed are
in the amount of one thousand dollars ($1,000) or
more: That of the President, Vice-President, the
Secretary, or the Treasurer. The Treasurer shall issue
checks up to and not exceeding three hundred dollars
when requested by legitimate 501(c). 3 non-profit
organizations as directed by the Executive Board,
except in cases of San Francisco Political campaign
contribution, which the Treasurer can issue checks up
to five-hundred dollars. No personal expense funds
shall be drawn without the submission of an expense
statement indicating the date and reason for such
expense and approved by the Executive Officers.
Should the Association affiliate with another dues-
paying organization, the Treasurer shall also collect
dues on behalf of that organization and forward same

to such affiliated organization.

-[1-SERGEANT-AT-ARMS: The Sergeant-at-Arms shall
maintain order at all Association meetings. The
Sergeant-at-Arms shall pass out and collect all docu-
ments during all meetings. The Sergeant-at-Arms will
also maintain an attendance sign-in log at each meet-
ing which he/she will give to the Secretary at the
completion of each meeting.

PARLIAMENTARIAN: Association Bylaws and
Robert’s Rules of Order shall govern the conduct of
the Association Business. The Parliamentarian,
appointed by the President and ratified by the Board
of Directors, shall be well versed in said rules and
Bylaws, and shall attend all meetings of said Board
and Association. In the event of a conflict, the Bylaws

will prevail.

IMMEDIATE PAST PRESIDENT: Liaison with the
incoming President. Ex officio of the Negotiations
Committee. In the absence of the President and Vice
President, will preside over the Shop Steward training

and general membership meeting.

. SHOP STEWARDS: Shop stewards are elected at

large from the members assigned to specific divisions
and units and shall be the rank of Deputy Sheriff.
Additional Shop Stewards may be added to new divi-
sions and units upon the approval of the Board ofDirectors. The current Shop Steward representatives
are as follow:
1.

_ 1- Backgrounds, R&D and Training

One Shop Steward for each jail on each watch (mid-
night, day and swing). The current jail facilities in —
this area are County Jails #1, 2, 3, 7, 8 and 9.
Additionally, Treasure Island Brig, upon opening.
One Shop Steward assigned to the following

areas:
1- Alternative Programs

1- City Hall

1- Administration & Civil

1- Hall of Justice Courts

1- McAllister Street Courts

1- SFGH - Ward 7D

l- Transportation

1- YGC Courts

1- Classifications

1- Central Warrant Bureau

1- Station Transfer Unit

1- CAD 911 Unit
One Shop Steward elected from the ranks of
Senior Deputy, Sergeant, Lieutenant and
Captain/Chief Deputy for a total of four.

-13-ARTICLE VII
TERMS OF OFFICE

Section 1: The offices of President, Vice President,
Treasurer and Sergeant-at-Arms shall be for

Secretary,
rt two years beginning

two years. These offices shall be fo
January 1, 1999.

Section 2: The offices of Shop Stewards shall be for two
years. These offices shall be for two years, with the next

_ term beginning January 1, 2000.
ARTICLE VII
ELECTION OF OFFICERS

Section 1: The President, prior to the September meeting
in odd-numbered calendar years, shall appoint a nominat-
ing committee from the ranks of the active members. The
committee will nominate candidates for Executive
‘Officers in odd number years and Shop Stewards in even
number years. In the October general body meeting the
nominating committee shall present to the membership
incumbent nominations. Additional nominations may be
received from the floor by the conclusion of the meeting.
Section 2: At the November general body meeting the
nominating committee shall make available ballots to

each Shop Steward for the purpose of each active member
to vote. A space for a write-in candidate for each position

will be on the ballot. A letter size envelope and a legal size

-14-envelope shall also be made available. Instructions for
voting shall be provided to each active member by the

Shop Steward.
Section 3: Ballots shall be returned via the ballot box at

the December general body meeting. Prior to opening of
the ballot boxes, the nominating committee chair will use
a check off list, to ensure that all ballot boxes have been
‘received from each facility and all satellites. No ballots
will be counted, until all ballot boxes are present. Ballots
shal] be opened and counted before the members present.
Those members elected by a majority of the returned bal-

lots shall assume office as of the January general body

meeting. The number of votes counted for each candidate

shall be announced.
ARTICLE IX
ELIGIBILITY FOR EXECUTIVE
OFFICERS POSITION

Section I: Active members of the Association, who are
also members of the bargaining unit shall be eligible for
Executive Officers (President, Vice-President, Secretary,
Treasurer'and Sergeant-at-Arms) in the Association, in
accordance with the Bylaws, if they meet the following

requirements:
At least two (2) years seniority as a member, with at

a.
least one (1) year service on a committee or verified

attendance of at least fifty percent (50%) of the gen--

-15-eral body meetings. Attendance will be determined by
an attendance sign-up sheet maintained by the
Secretary. The nominee must meet the requirements
for attendance within the two (2) years prior to their
nomination; and

Submission of an application for nomination

b.
endorsed by at least two (2) active members of the
Association.

c. Any Executive Officer having incurred a formal sus-

pension, or having been charged ‘with a criminal
offense shall voluntarily resign his/her position on the
DSA Executive Board for the remainder of their term.

Section 2: Retired members may not hold office in this

Association.

Section 3: Deputy Sheriffs running for office in this

Association must be on full or modified duty status at the
time nominations are made for the office.

Section 4: Only sworn staff in the ranks of 8302 through
8314, who meet the above requirements, may run for and
hold’an Executive Officer position.

Section =
Board the officer must be on full or modified duty status.

5: When assuming an office on the Executive -ARTICLE X
VACANCY OR RESIGNATION OF OFFICE

Section 1: The office shall be deemed vacated when the
elected officer terminates employment with the San
Francisco Sheriff's Department. either by. resignation,
extended leave of absence. retirement. or by resignation of

said office.

Section 2: Offices shall be deemed vacated when any
Board of Director member (Executive Officer and/or Shop
Steward) misses two or more Board of Directors training
meetings and/or two or general membership meetings
with an unacceptable reason to the Board or general mem-
bership. The Secretary shall keep the attendance records
and advise the Board of Directors when an officer appears
in default. The Board of Directors shall present the default
records at the next regular monthly meeting for a floor
vote to determine if the office shall be deemed vacated.
The DSA President has the power to excuse Board of
Director members from scheduled meetings.

Section 3: Offices shall be deemed vacant when the elect-
ed officer is no longer a member of the Bargaining unit,
either through advancement to a rank not represented by
the Association, or by cancellation of membership in the

Association.
Section 4: Shop Steward positions shall be deemed vacant
when an elected steward transfers from said unit or is pro-

-17-moted to a rank higher than 8306 Senior Deputy. If a
Senior Deputy shop steward through Captain/Chief
Deputy is promoted to another rank, then the position
would be deemed vacant.

Section 5: Removal from the Board of Directors for

Cause:

a.

Charges against any member of the Board of
Directors may be filed in writing with the Board of
Directors at any monthly general body meeting by a
member of the Association in good standing. Said

charges shall be referred to a special investigating ©
committee of five (5) members of the Board of
Directors. The committee will consist of three (3)
selected by the President and two (2) members select-
ed by the Vice-President. If the charges are against
the President, the Vice-President shall choose three
(3) members and the Secretary shall choose (2) mem-
bers. If the charges are against the Vice-President, the
President shall choose (3) members and the Secretary
shall choose two (2) members. The accused Board
member shall not be a member of the investigating

committee.

A two-third (2/3) vote of the entire membership of the
Board of Directors of the Association will be neces-
sary to impose any action on a member found guilty

of any wrong doing.

-18-c. The removed Director may request appeal to the
Association within fifteen (15) days from the vote of
the Board of Directors, and if the Association by a
majority vote of the Board of Directors affirm the
vote, the action of the Board shall stand as the vote of
the Association. After such affirmation, such mem-
ber’s position on the Board of Directors shall be
declared vacant and filled like any other vacancy.

ARTICLE XI
FILLING VACANCY OF OFFICE

Section 1: If the office of any member of the Board of

Directors, with the exception of the President, is vacated

during the first eighteen (18) months of a term; the

President shall call for a special election.

If the vacancy occurs in the last six months of the

term, the Board of Directors shall appoint a successor

from eligible candidates.

Section 2: If the President vacates said key office, it shall

be filled by the Vice-President.

Section 3: Special Elections may be called upon when a

vacancy for the office of the Vice-President, Secretary,

Treasurer and Sergeant-at-Arms occurs.

Section 4: If the Secretary’s office is vacated, the

President shall provide ballots to the shop stewards at the
next general meeting for the entire membership. Returned

a.

-19-ext general membership meet-
ing. ttee shall count the ballots and
the person receiving a majority vote shall be notified as
the newly elected officer of said appointment. Said officer
shall be seated as the first order of business at the next
meeting of the Board of Directors.
Section 5: If a vacancy occurs under Section 3 above, the
President shall appoint a nominating committee from the
General Membership, who shall prepare a list of candi-
dates prior to the ballots being mailed. The list shall com-
ply with Article IX, Section 1: a and b.
Section 6: If a vacancy occurs for the position of shop
steward, the President shall appoint a person(s) to hold a
nomination, balloting and an election process (at the facil-
ity or satellite), to fill the position. The outcome will be
reported at the next General Meeting.

ARTICLE XII
MEETING — GENERAL

Section 1: General meetings of the Association shall be
held the second Wednesday of every month, except when
the second Wednesday of the month is a legal holiday, or
unless announced by the Secretary no less than seventy-
two (72) hours before scheduled meeting. If the second
Wednesday is a holiday, the Secretary shall post the
adjusted general meeting date for that month at least sixty
(60) days prior to the meeting. Each member of the Board

-20-

ballots will be due at the n
The nominating commiof Directors shall receive an agenda for the monthly gen-
eral membership meeting during the monthly training
meeting. The Executiuve Board shall make an effort to
hold at least two (2) or more General Body meetings at the

San Bruno facility.

Section 2: Meetings of the Board of Directors are open to
the general membership. General members are allowed to
speak during this meeting. Only Board of Directors mem-
bers are allowed to vote on issues discussed during the |

meeting.
Section 3: Voting shall be open. Secret ballots are permit-
ted. only when considering a benefit for an individual
member, or when any Board member asks for a secret
ballot. Proxy voting is not authorized.

Section 4: Overrule of Board of Directors by Membership:

To overrule an action voted in by the Board of
Directors a written request of seventy-five (75) mem-
bers of the Association in good standing shall be
delivered. to any Exective Board Member of the
Association within thirty (30) days of passage of the

disputed action.

A Special meeting shall be called by the Secretary, in
accordance with ARTICLE XII, Section 1 of these
Bylaws, for the purpose of determining the propriety

of the disputed action.

a.

-2]-ARTICLE XIII
MEETINGS — BOARD OF DIRECTORS
TRAINING AND SPECIAL MEETINGS

section 1: The Board of Directors shall have a monthly
~ training meeting. Board of Director members will receive
notification of the time and place of the training meeting:
from the Secretary at least three (3) days prior to each

training meeting.
Section 2: Members of the Board of Directors and/or the
President may call for special meetings of the Board at ~
any time. Five members of the Board are necessary to
request such special meeting at any time it is deemed nec-
essary, subject to three (3) days notice from the Secretary,
unless waived by a Board of Directors majority.
ARTICLE XIV
QUORUMS

Section 1: Those present at a general and/or special meet-
ing shall constitute a quorum for that meeting provided
that notice of said meeting and agenda, has been duly sent,
in accordance with ARTICLE XIU, Section 1 of these

Bylaws.

Section 2: At least three (3) Executive Officers or a total

of seven (7) of the Board of Directors shall be present to
constitute a quorum for a general meeting or special mect-
ing of the Board of Directors. No affirmative action may

-22-be taken by the Board of Directors without at least seven

votes in favor of such action.
ARTICLE XV
SECTION REPRESENTATION

Section 1: To insure that needed accurate information is
passed along to all the members different units as outlined
in ARTICLE VI, Section I: g shall be known as Shop
Stewards. The Shop Steward will pass along information
-to other members within said unit. The Shop Steward will
also serve as a member of the Board of Directors.

ARTICLE XVI

GUEST SPEAKERS

Section 1: No guest shall address the membership at any
regular or special meeting without prior approval of the
President. The President shall limit the time and subject —
matter of any guest addressing the membership.

ARTICLE XVI

COMMITTEES
Section 1: Standing Committees: There shall exist the fol-
lowing permanent committees:

a. Benevolent

b. Budget

c. Buyers Club

d. Cellular Phone Liaison
e

Community Relations
.-23-Constitution and Bylaws
Corporate Liaison
Entertainment
Law Enforcem
Mainline Newsletter

Negotiations

Nominations

Peer Support Liaison

Political Action Committee

Political Action Committee — Field Operation
Real Estate

Retirement — Disability

Retreats

Safety

Scholarship

Sports

Training

Website

Section 2: Each committee shall have a Chairperson
appointed by the President. Each committee shall appoint
a record keeper for the said committee and he/she shall
keep one copy of records and provide another copy of

records to the Association Secretary.

ent Organization Membership

<< Eran
St mt es —0 Oo _

Section 3: Special Committees
ng Committees set forth in

In addition to the Standi
the President, subject to the

‘Section 1, of this Article,

-24-approval of the Board, may from time to time establish
Special Committees as the President deems appropriate.

Section 4: Officers of the Board of Directors shall not
chair more than one (1) Standing Committee and one (1)

Special] Committee at the same time.

a. The Secretary will be responsible for maintaining
proper records of the reports received from various
Committees, the holder of said office shall not chair a
Standing Committee; however, the Secretary may
serve on a Special Committee as set forth in Section

3 of this Article.
ARTICLE XVHUI
EMPLOYMENT/EMPLOYEE

Section 1; Employment:

Based upon the need of the association, discussed and
voted on by the Board of Directors, the Executive Board
will hold an application, interview and hiring process. The

scope of employment will be discussed and voted on by

the Board of Directors.

Section 2: Employee:
The salary and benefits paid to any employee of the asso-

‘ciation will be discussed and voted on by the Board of

Directors. The payroll for such employee will be carried
out by the Treasurer. The hiring, employing and termina-

-25-tion of any said employee will follow in accordance with
all Local, State and Federal Labor Codes.

ARTICLE XIX |
LIFE INSURANCE

Section 1: Life Insurance:

After the Union initiation fee i

fit shall be paid to each mem
Local 3. Said benefit shall not be less than two thousand

fie hundred dollars ($2,500.00). The death benefit will be
paid to the beneficiary on record with Local No. 3.

s paid in full, a death bene-
ber in good standing with

Section 2: Miscellaneous Insurance:

The Association shall provide, if available, other low-cost
insurance that at least a majority of members have voted
to participate in. The cost of such insurance shall be an —
additional amount added to the Association dues already
determined under ARTICLE V of these Bylaws.

ARTICLE XX
AUDIT

Section 1: A bi-annual audit shall be conducted in January
of the year the Treasurer ig elected. The audit shall be con- -
ducted by a committee of three general members appoint-
ed by the President who are not currently serving on the
Board. The audit shall consist of a review of Association
Treasurer’s Records and Roster of Members to

minutes,
disbursement. of Association

insure proper receipt and
-26-funds. A written report shall be delivered to the President
by the last Friday of the month of April in the year said
audit is conducted. In compiling the audit, the committee
shall insure that the Officers of the Association have com-
plied with their official duties according to these Bylaws
in providing the required documentation. The committee
_ will bring to the attention of the President any discrepan-

cies noted. The President will submit copies of the Audit
Committee’s report to the Board of Directors at the Board
of Directors meeting held on the second Wednesday of
May of the year said audit is conducteJ. This report shall
be available to the members by June 15 of said year.

ARTICLE XXI
ASSOCIATION HOLDINGS

Section I: The Association may, in addition to its accounts
in various Banks, Credit Unions, or Savings and Loan
Associations, hold a portion of its assets in Real property,
rea] estate, and/or buildings and leases thereon, subject to
the approval of the Board of Directors and general

membership.
Section 2: The Treasurer shall report at the monthly general

meeting on the financial standing of the organization.

-27-ARTICLE XXII
EMERGENCY FINANCIAL ASSISTANCE
Section 1: This Association shall not make loans for non-
emergency reasons. If at any time a dire need or serious
emergency should occur wherein a member of the
Association requires assistance Of a financial nature,
hardship incurred due to a crimi-

excluding any financial
nal conviction, consideration of the matter shall be made

to the Executive Board. Any loan made to a member, will
have a majority vote of the Board of Directors. Any loan
allocated will require loanee to make, in writing, a pay-

back schedule.
ARTICLE XXIII

AMENDMENTS
o the Bylaws must be proposed in type-
bmitted to the Board for consideration
hly meeting or Special called

y

Any amendments t
written form and sul
at a regularly scheduled mont
meeting. The Board shall not be empowered to accept or
reject any proposed amendment, but may offer advice and
suggest changes to the submitting member or members.
Following consideration by the Board, the proposed
amendment must be submitted to the Secretary with the
signature of at least fifty (50) members of the Association.
Thereafter, at least fifteen (15) days prior to the next reg-
ularly scheduled meeting of the Association, the Secretary
shall mail to each board member copies of the proposedBylaws change. The Shop Stewards will pass out the bal-
‘lots to members they represent. The ballots shall be

returned via ballot boxes and counted at the general body

meeting. The results of the ballot shall be made known to
the membership during the meeting. A two-thirds majori-
ty vote of the ballots returned shall be required for any
proposed amendment to pass.

ARTICLE XXIV

EFFECTIVE DATE

‘These Bylaws, replace all previous Bylaws and amend-
ments thereto, and shall become effective immediately
upon ratification and adoption by a majority vote returned
by the members of the Association.

ARTICLE XXV

SAVINGS CLAUSE

If any provision of these Bylaws shall be held invalid by
operation of law or by any court of competent jurisdiction,

the remainder of these Bylaws shall not be mitigated, and
will remain in full force and effect until revised according

to due process:
(Rev. 5/99)

opeiu-3-afl-cio (3)The Deputy Sheriffs’ Association (“DSA”), Officers,
Shop Stewards, and the Operating Engineers Local Union
No. 3 (“Union”) are pleased to provide you with a com-
plete and compact copy of our current Constitution and
Bylaws. We hope you keep your copy available for your

reference.

have a question about this document, the first
ith is your shop steward. If
ur Union

If you
person you should speak w
needed, please feel free to call an officer or yo

representative.

Thanks are owed to the following members who spent
hours on this project:

Vincent satellite
Dwight “Mike” Gunn
Dave Hardy

Scott Miller

Kevin Paulson
Annette Cruz-Padilla
Al Waters

=30-SAN FRANCISCO DEPUTY SHERIFFS’ ASSOCIATION

PROPOSAL FOR DUES INCREASE

JULY 2002

Exhibt “V™Monthly Dues Comparison

SFPOA

Santa Clara DSA
Sacramento DSA
Alameda DSA
San Mateo DSA

Contra Costa DSA

SFDSA

$0 $20. $40 $60 $80 $100

STATEMENT OF PURPOSE

The San Francisco Deputy Sheriffs” Association is asking members to approve a dues
increase from $17.01 to $25.00 per paycheck, due to economic necessity.

The membership has grown from 400 members in 1991 to current 820 today. During that
time the dues have not been increased. A top step 8304 was making $38,000 annually in 1991
compared to the current top step 8304 of $59,700 annually. Our Association needs the resources to
fight off threats to our wages. Many still remember that under Mayor Frank Jordan, Fienstien and
Agnos, our wages were frozen. Learning from past experience, the current board has many needs in
order to improve our association. The Board has identified two immediate needs for the association,
which we believe will dramatically improve our ability to conduct the business of running this large
labor organization.

(1) We need a paid President that can represent the membership for full time
representation on department issues and outside of the department issues;
(2) We need to consider the purchase of a building that will serve as the association

office (headquarters). It will be a functional, member run, professional office,
where association meetings take place, and members can retrieve updated
information.The board is providing a chart with the proposed dues increase and proposed dues structure. This
will help members understand how and where the money will be spent.

OVERVIEW OF PROPOSED DUES STRUCTURE
resentation, Per Capita payments to the

1. $12.75 —- LABOR/UNION. The cost of rep!
associations we: participate in, either through Local 3 (S.F. Labor Council and Building
Trades) or directly by the association (CCLEA-Ca Coalition of Law Enforcement Association
and NALE-Northern Alliance of Law Enforcement) and also regularly’ attend POST meetings
to vigorously protect our interests on that front. The costs of travel, postage, etc. have only
increased as we have grown.

2. $5.00 - PAID PRESIDENT
a. This is the first item of the proposed dues increase.
b. It was voted and approved by the Board of Directors that the paid-president shall be

paid equivalent to a Top Step 8308.
c. The board shall set aside in a separate fund, this $5 per member, per pay period, prior
to completing all necessary steps and procedure for the Paid President.

3. $3.00 - MORTGAGE/BUSINESS OFFICE
a. This is the second item of the Proposed dues increase. :
b. The board shall set aside in a separate fund, this $3.00 per member, per pay period for
the purposes of financing a business office.

4, $1.50 — Political Action Committee (PAC). The board shall set aside in a separate fund,
this $1.50 per member, per pay period, to be placed in a PAC account which the association
shall register with Secretary of State and IRS in order to contribute funds for political issues
and candidates.

5. $.75 — Lobbyist. The board shall set aside $.75 per member, per pay period, in order to
retain a State Lobbyist, to represent us at the state level. With this amount, we can keep our
lobbyist for the next 2 years without any increase or change.

6. $.75 — Operating Costs. The board shall set aside $.75 per member, per pay period, to pay
for operational costs, such as communication, and other miscellaneous items.

7. $.75 — Shop Steward Fee. The board shall set aside $.75 per member, per pay period, to
continue to reimburse Stewards dues as approved in 1991.

8. $.50 — Benevolent. The board shall set aside $.50 per member, per pay period, to provide
flowers for a death in a member’s family, or a card for a new born baby, etc.PROPOSE DUES INCREASE WITH
PROPOSE DUES STRUCTURE

CURRENT DUES STRUCTURE