Our By Laws
he name of this Association shall be the PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES, AFSCME Local 1712 (hereinafter the association). {the reference is “the local” more than the association }
The principal office of the association shall be at 333 Court Street, Pueblo, CO 81003. The association may have such other offices that may from time to time be designated by its members or its executive committee. {Does the local still “rent” this space?}
ARTICLE THREE
MEMBERSHIP
Section 1. Active Membership. Any person who is employed by the City of Pueblo, Colorado, in a class included in the "other classified employees" bargaining unit as defined by the Charter of the City of Pueblo and who pays the required dues is eligible to become an active member of this association, with full voting and other privileges. {Each person shall also be a legal resident of the United States of America. Non-dues paying members could be referred to as inactive members? restricted members?}
{Clarification of pronouns - All pronouns shall be used to reference either gender.}
Section 2. Member in Good Standing. An active member with twelve months of continuous membership. A member must be in good standing to hold office.{ In the event the union has been or currently is in administratorship or other defunct status and there are no members in good standing who desire to become officers any active member shall be eligible to hold an executive position.}
Section 3. Associate Membership. Associate membership shall be available to any person who has retired from their employment with the City of Pueblo, or who have been promoted from their classified position, who desires to maintain their membership in the association. Services available to associate members and the representation provided to the associate members shall be limited by the Collective Bargaining Agreement entered into between the association and the City of Pueblo. { check the CBA for any reference to this or the Bylaws }
Section 4. Non-Discrimination. Membership shall be, open to all eligible persons without regard to race, creed, color, handicap, religion, age, sex, or national origin.
Section 5. Voting. Each active member shall be entitled to one vote in the affairs of the association.
Section 6. Duration of Membership. Membership in this association may terminate by voluntary withdrawal as herein provided or otherwise as provided in these rules. All rights, privileges, and interest of the member in or to the association shall cease on termination of membership. Memberships shall be non transferable. Any member may, by giving written notice of such intention, withdraw from membership. Withdrawals shall be effective on fulfillment of all obligations to the date of withdrawal. {Members can not withdraw from the collective bargaining unit, as qualified under Section 1, and will remain as inactive (restricted) members with no union privileges. Article 1 Recognition in the CBA - the sole and exclusive representative of the employees… }
Section 7. Suspension and Expulsion. If, in a written and signed communication addressed to the membership committee, any member of the association shall be charged with conduct detrimental to the objects or interests of the association or in violation of its Constitution, Bylaws, code of ethics, {Collective Bargaining Agreement,} or rules and regulations, the membership committee shall consider the matter and if it shall decide to take further action, the secretary shall send a copy of the changes to the accused member, who shall be given adequate time to reply, whereupon the membership committee shall take such further action as it may deem proper.
If fifty percent (50%) of the members of the membership committee, after a fair and impartial hearing on due notice to the accused member, such notice to be given by the secretary by registered or certified mail to the accused member at his last known address at least five (5) days before the hearing, shall be satisfied of the truth of the charges, the membership committee may request the offending member to resign or may suspend or expel him. Should he decline to resign on such request, his name shall be stricken from the rolls by the membership committee. {This section needs clarification. What if no committees exist?}
ARTICLE FOUR
DUES
Section 1. Amount of Dues. The monthly dues required for membership in the association shall be determined by the vote of the active members, on recommendation of the membership committee. Dues may be varied from year to year, but dues shall be the same for all active members Dues for associate members shall also be determined by a vote of the active membership, on recommendations of, and clarifications suggested by, the membership committee. {grammar and punctuation needed!}
ARTICLE FIVE
MEETINGS
Section 1. Regular Meeting. There shall be at least one regular monthly meeting of the general membership of the association for the purpose of conducting business.
Section 2. Notice. The executive board shall establish a time, place and date of the regular monthly meeting of the membership and ensure that adequate notice thereof is given to its members.
Section 3. Special Meetings. The president and executive vice-president may call a special meeting of the membership by posting notice at each department of the City of Pueblo at least forty-eight (48) hours in advance of said meeting. {update this to include email, text, or other electronic means. }
Section 4. Quorum. At least two of the four officers of the executive board in addition to members constituting at least ten percent (10)% of the membership shall be required to be in attendance as a quorum to conduct any business of a regular or special meeting. {Remove the “four” from the required officers. Ten percent of the membership would require 15 or more people to attend a meeting to meet this requirement }
Action that could be taken at a regular meeting may be taken at a special meeting only upon the vote of two-thirds of the members present, with the approval of at least three officer members of the executive board and two vice-presidents members of the executive board.
Section 5. Order of Business. The order of business at the monthly, meetings shall be as follows:
Call to order.
Reading of minutes of previous meeting
Receiving communications
Report of officers
Reports of committee heads and committee members
Unfinished business
{New Business}
Election of officers; and
Adjournment
{ there won’t be an election at every monthly meeting. This needs to be adjusted.}
The order of business may be altered or suspended in any meeting by a majority vote of the members present. The usual parliamentary rules as laid down in Roberts Rules of Order shall govern, unless other procedures are specifically set forth in these bylaws.
Section 6. The preceding officer shall preserve order in the meetings and any questions of order shall be decided by him.
Section 7. Every member while speaking or making motions shall rise and address the presiding officer, state his motion and resume his seat. When speaking, he shall confront himself to the question discussed, or be ruled out of order by the presiding officer. { this needs adjusted and clarified. }
Section 8. Only members in good standing or invited guests of the presiding officer shall be allowed to attend meetings.
ARTICLE SIX
OFFICERS
Section 1. The officers of this association shall be president, executive vice-president, secretary and treasurer. These four shall be members of the executive board, together with five vice-presidents of the association, Of the vice-presidents, one shall be an employee of the Bureau of Public Works, one shall be an employee of the Department of Parks, one shall be an employee of the Department of Aviation, and one shall be a clerical employee. The remaining vice-president position shall be elected at-large from any city department. The executive board shall also be the grievance committee of the association. {Do we need to be this specific about what department the VP’s work in? This was altered to be just 3 at-large VP’s before the election in July 2024. To get officers elected to lift the administratorship. }
Section 2. The Executive Vice-President and Treasurer elected in 1987 shall remain in office until their successors are elected in September 1988. Thereafter, the Executive Vice-President and Treasurer shall hold office for terms of two years with the election of their successors in even numbered years. The president and Secretary elected in 1987 shall remain in office until their successors are elected in September 1989. The terms of the President and secretary shall be for two years with the election of their successors in odd-numbered years. The terms of the Vice-President shall be one year with elections in September of each year.
Section 3. A nominating committee shall be appointed at the regular July meeting of the membership each year. The committee shall present at the regular August meeting of the membership a state of nominees for officers to be filled the following month. Nominations will also be accepted from the membership at the August meeting. All persons nominated by the nominating committee or nominated or seconded at the August regular membership meeting, shall have their names appear on the ballot, unless they have declined the nomination. The names of all nominees shall be made public to the membership of the Local prior to the election.
Section 4. To be eligible for office, a member must be a member in good standing on the date of his nomination. {this is a reiteration of Article 3 Section 2}
Section 5. All officers shall be elected by secret ballot and the balloting shall be so conducted under the supervision of the nominating committee, as to afford all members a reasonable opportunity to vote. All elections shall be held during the month September, on a date established by the nominating committee. The polling place shall be established by the nominating committee at a location convenient to members. Voting shall be allowed between the hours of 7:00 AM and 7:00 PM, under the supervision of the nominating committee on the day of the election. Notice of election shall be posted on the department union board or, at the discretion of the executive board, mailed to each member of the association at his last known address not less than ten (10) days prior to an election. { this needs to be revised to be clarified }
Section 6. Any vacancy in office shall be filled from the membership by majority vote of the executive board.
Section 7. Officers shall not be subject to recall, but may resign. Termination of an officer’s membership in the association automatically terminates his or her tenure in office.
ARTICLE 7
DUTIES OF OFFICERS
Section 1. THE PRESIDENT SHALL.
A. Preside at all meetings of the association and of the Executive Board.
B. Countersign all checks drawn against funds of the association.
C. Appoint all standing and special committees.
D. Report periodically to the membership regarding the progress and standing of the association and any action he may take as representative of the association.
E. Cause any and all resolutions to be promptly and properly executed.
Section 2. THE EXECUTIVE VICE-PRESIDENT SHALL:
A. Assist the President in the work of his office.
B. In the absence of the President. preside at all meetings and perform all duties otherwise performed by the President.
Section 3. THE VICE-PRESIDENT SHALL:
A. Serve as a member of the executive board.
B. Represent the employees in their respective departments.
Section 4. THE SECRETARY SHALL:
A. Keep a record of the proceedings of all membership meetings and all executive board meetings.
B. Carryon the official correspondence of the association.
C. Maintain a complete list of all members in good standing.
D. Keep and file for reference any and all correspondence relating to the association.
E. Perform such other duties as the executive board may require.
F. Appoint such assistant secretaries as are necessary to assist the secretary in perform the above-cited duties. {clarify and correct grammar}
Section 5. THE TREASURER SHALL:
A. Receive and receipt for all monies of the association.
B. See that all monies are deposited in the proper accounts, maintaining a record thereof.
C. Prepare and sign checks for such purposes as are authorized by the membership or the executive board.
D. Keep an accurate record of receipts and disbursements and shall, once each month, submit to the membership an operating statement of the financial transactions of the association for the previous month.
E. Act as custodian of all properties of the association.
F. See that all required financial reports and tax returns are prepared and distributed.
ARTICLE EIGHT
EXECUTIVE BOARD MEETINGS
Section 1. The president or executive vice-president may call a meeting of the executive board whenever necessary to conduct business of the association.
Section 2. Quorum- A majority of the members of the executive board shall constitute a quorum. {this contradicts the previous definition of a quorum - Article 5 Section 4}
Section 3. Action shall be taken by the executive board only upon the affirmative vote of the majority members of the executive board.
ARTICLE NINE
GOVERNMENT
Section 1. The membership of the association shall be empowered to take or direct any action consistent with the bylaws or the constitution of this association. Such action shall be initiated upon a majority vote at a regular meeting or two-thirds vote of the members present with approval of three officer members and vice-president members of the executive board at a special meeting.
Section 2. Between regular membership meetings, the executive board shall be the highest authority of the association and shall be empowered to act on behalf of the membership to the extent business requires prompt and decisive action.
Section 3. Between meetings of the executive board, the president shall exercise general administrative authority and shall be empowered to act on behalf of the association, subject to subsequent disapproval of the executive board. The president shall attempt to consult with the executive vice-president, secretary and treasurer when exercising such authority.
ARTICLE TEN
CONTRACTS, LITIGATION AND ARBITRATION
Section 1. No agreement, contract, or obligation involving the payment of money or the credit or liability of the association shall be made unless the same is authorized and directed by resolution of the executive board or the membership and duly entered in the minutes.
Section 2. No litigation, arbitration proceedings or other administrative hearings, on behalf of the association or member, shall be initiated by the association unless the same is authorized by the executive board.
Section 3. The association shall provide representation to an active member or person paying agency fees to the association, upon request, if such request for representation arises out of and is related to his or her performance of job duties as an employee of the City of Pueblo and relates to his or her terms and conditions of employment pursuant to a Collective Bargaining Agreement then in effect. The association is not obligated to provide such representation, by Union representative, attorney or otherwise, in litigation, arbitration proceedings or other administrative hearings, if such representation would be contrary to the interests of the association or the position being advocated does not have a reasonable probability of success on its merits. {they should not be referenced as agency fees they should be referenced as compensation or reimbursement. The union has a duties to represent all collective bargaining unit members. }
ARTICLE ELEVEN
COMMITTEES
Section 1. Standing Committees. The association shall have at least two standing committees; an executive committee of nine (9) persons and a membership committee of five (5) persons. Additional standing committees may be established from time to time by a vote of the active membership. Members of these committees shall be elected at the September meeting each year. Each standing committee shall have a chairman, who shall be responsible for directing and coordinating the affairs of the committee. Vacancies that occur on any committee by reason of death, resignation or otherwise may be filled by the remaining members for the unexpired term. {Does this need the “by reason of” part? }
Section 2. Special Committees. Whenever the president deems it necessary to appoint a special committee to represent the association or to study a problem affecting the membership of the association, he may appoint members to such committee to serve at his pleasure. All persons appointed to such committee shall be members of the local in good standing. Such appointments shall be subject to the approval of the membership. The executive vice-president shall preside and be a member of all such committees. {that puts a lot of work on the executive VP to be a member and preside at all committees }.
Section 3. All such special committees shall have the power of recommendation only. All decisions of the committee shall be brought to the membership or the executive board for final approval.
ARTICLE TWELVE
INDEMNIFICATION
Section 1. Each person who is or has been an officer of the association shall be provided counsel by the association in connection with the defense or settlement of any civil action, civil suit, or other civil proceeding to which he is a party, along or together with others, by reason of his being or having been an officer of association unless the Local is an adverse party. If, however, it is determined that the officer has willfully or wantonly misconduct his duties or he intentionally failed to abide by the association's constitution, bylaws or rules and regulations of the PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES, said officer shall not receive any further expenses from the association and shall reimburse the association for all such funds already expended on his or her behalf.
Section 2. The association may authorize the payment of all judgments and settlements of claims against any of its officers, when the claim against the officer arises out of injuries sustained for an act or omission occurring during the proper performance of his duties and within the scope of his office. Such payment shall not be made if the act or omission was willful or wanton. No payment shall be made for punitive or exemplary damages. Under no circumstances shall the association authorize the payment of funds, if sufficient funds are not then available in the association’s accounts. The association shall not pay any funds for any settlement, which the executive board may disapprove any proposed settlement it feels would not be in the best interests of the association. {rewording and clarification need }
Section 3. The right of indemnification set forth in this Article shall be in addition to any other rights to which such officer may be entitled as a matter of law.
ARTICLE THIRTEEN
DUES
Section 1. The monthly membership dues in the PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES shall be set by a vote of the membership and in the event an increase is deemed necessary said increase shall be initiated by the executive board.
Section 2. The monthly membership dues shall be paid by payroll deduction, authorized by the proper form at the time application for membership is made.
ARTICLE FOURTEEN
AMENDMENTS
Section 1. Any member in good standing may propose an amendment of the bylaws of this association by proposing such amendment at any regular meeting. An amendment so proposed shall require a two-thirds affirmative vote of the members present, and be reviewed by AFSCME, to allow it to become adopted.
Section 2. Amendments shall become effective at the next regular meeting after the election upon a reading thereof to the members present.
Section 3. Amendments may also become effective upon unanimous approval of the executive board. Such amendments shall be read at the next regular meeting.
ARTICLE FIFTEEN
CONSTITUTION
These bylaws, in all respects, whenever the same may be applicable herein, be subject and subordinate to the provisions of the Constitution of the PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES.
Adopted this _____ day of ________________, 20____.
PRESIDENT _________________________________________
VICE-PRESIDENT ____________________________________
SECRETARY _________________________________________
TREASURER_________________________________________
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