CONSTITUTION INDEX

ARTICLE INAME
ARTICLE IICHARACTER
ARTICLE IIIMEMBERSHIP
ARTICLE IVORGANIZATION
ARTICLE VOFFICERS
ARTICLE VI PRESIDENT
ARTICLE VIIIMMEDIATE PAST PRESIDENT
ARTICLE VIIIVICE PRESIDENT
ARTICLE IXOTHER OFFICERS
ARTICLE XBOARD OF TRUSTEES
ARTICLE XILEGAL COUNSEL
ARTICLE XIIDISCIPLINE
ARTICLE XIIIASSOCIATE LODGE
ARTICLE XIVAUXILIARIES
ARTICLE XVAMENDMENTS TO THE CONSTITUTION
ARTICLE XVPARLIAMENTARY PROCEEDURE
ARTICLE XV DUES AND ASSESSMENTS

CONSTITUTION AND BY-LAWS OF THE SHELBY COUNTY METRO LODGE #35 FRATERNAL ORDER OF POLICE

PREAMBLE

Whereas; By association we have facilities of free interchange of thought within stated meetings of Subordinate, State and National Lodges where-in the experiences and valuable of information of each becomes common knowledge to all Members of the Order, which results in a higher development of our intellectual, moral and social faculties, thereby enabling us to share in the gains and honors of the advance in civilization. Therefore: We Members of Various Law Enforcement Agencies do hereby associate together for the following purposes: To support and defend the Constitution of the United States; and of the state of TENNESSEE; to inculcate loyalty and allegiance to the United States of America; to promote and foster the impartial enforcement of law and order; to improve the individual proficiency of our members in the performance of their duties; to encourage fraternal, social, charitable and educational actives among all law enforcement officers; to improve the individual proficiency of our members in the performance of their duties; to advocate and strive for uniform application of the Civil Service and merit system for all law enforcement officers; to support the improvement of the standard of living and working conditions of the law enforcement profession through every legal and ethical means available; to create and maintain a tradition of esprit de corps insuring fidelity to duty under all conditions and circumstances; to cultivate a spirit of fraternalism and mutual helpfulness among our membership and the people we serve; to increase the efficiency of the law enforcement profession and thus more firmly to establish the confidence of the public in the service dedicated to the protection of life and property.

CONSTITUTION

ARTICLE I - NAME

Section 1:   This organization shall be known as Shelby County Metro Lodge #35 Fraternal Order of Police and shall consist of such members as are admitted and shall conform to the Grand and State Lodge Constitutions, By-Laws, rules, regulations and ritual. The shorter name Memphis Lodge #35, F.O.P. may also be used; however, the official name is as stated.

Section 2:   The rights to authorize, control, and restrict the use of the name and insignia of the Order shall lie exclusively with the Board of Trustees of the Grand Lodge. By virtue of our affiliation with the Grand Lodge we 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 and denote our affiliation.

ARTICLE II - CHARACTER

Section 1.   The Shelby County Metro Lodge #35 Fraternal Order of Police is a fraternal organization of Law Enforcement officers working and/or retired, who have joined together for their common good, and is an organization subordinate to the Tennessee State Lodge and the National Lodge, Fraternal Order of Police.

Section 2.   The Shelby County Metro Lodge #35 is an organization dedicated to the advancement and protection of Police Officers, the promotion of improved law enforcement methods, and the teaching of respect for law and order. In no event shall the Fraternal Order of Police Shelby County Metro Lodge #35 join or be controlled by any labor organization. It is provided, however, that this section shall not prohibit cooperative efforts with labor organizations for our common good.

Section 3.   The Shelby County Metro Lodge #35 Fraternal Order of Police, is non-political, non-sectarian, and shall have no affiliation, directly or indirectly, with any labor union, congress, federation, or committee of like nature, or political action committee, or similar organization by whatever name known. The membership of this organization shall not strike or by concerted action cause a cessation of the performance of police duties, or induce other members or lodges to do likewise. The penalty for such action by any Subordinate Lodge or member thereof shall be immediate expulsion from the Fraternal Order of Police.

Section 4.   The Shelby County Metro Lodge #35 Fraternal Order of Police, advocates Civil Service, or other protective tenure of office system, minimum wage, hour, and pension laws for the police officers of this State, and will work for the establishment of these laws in all cities and towns, which do not have them. It shall be the duty of this organization to see that all laws protecting the police officer of this State are upheld.

Section 5.   The Shelby County Metro Lodge #35 Fraternal Order of Police, is an organization of law enforcement officers, sworn to enforce the law at all times and under all circumstances.

Section 6.   This constitution shall be the fundamental law of the Order, along with the Ritual, and such By-laws as may be adopted from time to time, shall govern our conduct. The Constitution and By-Laws of the Lodge may only be promulgated, amended, or revised by a vote of Two-Thirds (2/3) of the members voting at a Board of Trustees Meeting.

ARTICLE III - MEMBERSHIP

Section 1.   Any regularly appointed, or elected, or full-time employed, or retired law enforcement officer of the United Sates, the State of Tennessee, or any political subdivision thereof, shall be eligible for membership in this organization, subject to the provisions of this Constitution and By-Laws. No person shall be denied membership on account of race, religion, creed, color, sex, age or national origin.

Section 2.   The term “Regularly appointed full time Law Enforcement Officer” heretofore or hereafter retired from active duty in the United Sates, the State of Tennessee, or any political subdivision thereof, and is granted arrest powers.

Section 3.   Any member who may resign from active law enforcement duty may retain membership as long as he/she remains in good standing, if approved by his State and Subordinate Lodges.

Section 4.   There shall be two (2) classes of membership: Active and Associate.

Section 5.   An individual who is considered a Special Officer, such as a security guard, a plant guard, or who is considered as an employee of a private or non profit making organization, and does not meet the provisions of Section 1, above, is not eligible for membership as an Active Member.

Section 6.   An individual who is considered a Special Officer, such as being a member of the Police Department Reserves, or the Sheriff’s Department Reserves, and does not meet the provisions of Section 1, above, is not eligible for membership as an Active Member.

Section 7.  An individual who is employed as a Railroad Detective, or Enforcement Agent, or as a Park Ranger, or as a Harbor Patrol Guard or Officer or any other individuals who have similar type duties, and are full time employees, and are on the payroll of any type Political Subdivision, covered by Section 1, above, is eligible for membership as an Active Member.

Section 8.  The lodge may remove or deny membership to anyone convicted of a felony in any court of the United States, or any state court, once all appeals have been exhausted.

ARTICLE IV - ORGANIZATION

Section 1.    The Shelby County Metro Lodge #35, Fraternal Order of Police shall consist of members who are admitted and who conform to the Constitution and such rules and regulations as may be adopted.

Section 2.   The Shelby County Metro Lodge #35 will have a general membership meeting as designated by the Board of Trustees each month. The members shall approve a Constitution, and shall elect from their ranks, the officers of the lodge.

Section 3.   There shall be a Board of Trustees, which shall be comprised of the lodge officers. President, Immediate Past President, Vice President, Secretary, Treasurer, 2nd Vice President, Sergeant at Arms, and five Trustees. The Board of Trustees will meet as directed by the President, to advise the President in carrying out the administration and affairs of the lodge, between general membership meetings.

Section 4.   Delegates to the National Biennial and State Conferences will be elected in the manner and method as prescribed by the provisions of the National and State Constitutions.

Section 5.   At any meeting, there must be a majority of the elected officers present, to conduct business.

ARTICLE V - OFFICERS

The Officers of Shelby County Metro Lodge #35 shall consist of President, Immediate Past President, Vice President, Secretary, Treasurer, Second Vice President, Sergeant at Arms, and five Trustees. The term of office shall be for Two (2) years.

The Election for President, Secretary, Sergeant at Arms and Two (2) Trustees, shall be in the odd numbered year. The election for Vice President, Second Vice President, and three (3) Trustees shall be in the even numbered year.

Nominations, Election and Installation of Officers

  1. To be eligible for office, a member shall be in good standing and shall have attended at least six of the regular meetings in the past twelve months.

  2. No member shall be nominated or be a candidate for election to more than one office at the same time.

  3. To be eligible for the office of President, the candidate shall have served at least one term on the Board of Trustees.

  4. Nominations will be conducted and closed at the November membership meeting. . The Election Committee shall conduct the election. The election shall be conducted during the month of December by a written secret ballot, mailed to each member.

  5. The candidate receiving a plurality of the votes cast shall be ruled the winner.

  6. The officers-elect shall be installed at the January meeting as the last order of business. Any Past President may install the officers.

ARTICLE VI - PRESIDENT

Section 1 -  The President shall be the chief executive officer of the lodge. The President shall preside at all meetings. The President shall have general management of the business of the order and shall see that all orders and resolutions are carried into effect.

Section 2 -  The President:

  (a)  Shall execute any and all contracts; with approval of the Board of Trustees. Shall be an ex-officio member of all committees.

  (b)  Shall have power, with the advice and consent of the Board of Trustees, to appoint a majority of all committees. He/She may inquire into any affair or matter affecting or concerning the order.

  (c)  Shall call meetings of the Board of Trustees when he deems it necessary.

  (d)  Shall at each monthly meeting submit a full and complete report of the official business transacted by him since the last meeting.

  (e)  Shall convey to their successor all unfinished business of the order.

  (f)  Shall with the Treasurer attest all warrants or vouchers for disbursements from any fund of the lodge.

ARTICLE VII - IMMEDIATE PAST PRESIDENT

Section 1 - The Immediate Past President shall advise and assist the President and the Board of Trustees in the performance of their respective duties and shall execute such assignments as may be required by them.

Section 2 - The Immediate Past President shall be the most recent to have been elected President by the membership, served at least one complete term and not removed from office.

ARTICLE VIII - VICE PRESIDENT

Section 1 - The Vice President shall preside at all meetings in the absence of the President and shall otherwise generally perform the duties of the President during their absence. The Vice President shall also perform such other duties as shall be ordered by the Board of Trustees. With the advice and consent of the Board of Trustees, the Vice President shall appoint the minority of all committees.

ARTICLE IX - OTHER OFFICERS

Section 1 - The Secretary, Treasurer, Second Vice President, and Sergeant at Arms shall each perform the duties prescribed for their respective office by the By-laws hereof

ARTICLE X - BOARD OF TRUSTEES

Section 1 - The Trustees shall constitute a group known as the Board of Trustees. They shall elect from among their own number, by voice vote, show of hand or secret ballot, one member to be known as Chairman of the Board of Trustees.

Section 2 - The Chairman of the Trustees shall be part of the Executive Board.

Section 3 - The Board of Trustees shall have and exercise all administrative powers of the lodge during the period between general meetings.

     

  • A.)   Any lodge officer of the Board of Trustees who resigns from active police duty for any reason other than honorable separation, or otherwise becomes ineligible as a member of the Fraternal Order of Police, shall automatically forfeit their office and membership on the board of Trustees.

     

  • B.)   In the event of a vacancy in the office of President, the Vice President shall immediately fill the office for the remainder of the term. A vacancy in any other office shall be filled by a majority vote of the remaining members of the Board of Trustees.

Section 4 - The President shall call meetings of the Board of Trustees. A majority of the Board of Trustees can request a meeting, and such a request shall be honored.

ARTICLE XI - LEGAL COUNSEL

Section 1 - Legal counsel may be obtained by the President on the advice of the Board of Trustees to handle any litigation in which the lodge may become involved.

ARTICLE XII - DISCIPLINE

Section 1 - The lodge recognizes the process contained in the Grand Lodge Constitution and By- Laws.

ARTICLE XIII - ASSOCIATE LODGE

Section 1 - The Fraternal Order of Police recognizes, acknowledges, and validates Associate Members. They shall be known as Fraternal Order of Police Associates and may function as an associates Lodge. Such associates shall be subject to the control and supervision of this lodge with which they are affiliated. They may adopt a Constitution and By-laws subject to the approval of this lodge.

ARTICLE XIV - AUXILIARIES

Section 1 - The Fraternal Order of Police recognizes, acknowledges, and validates the Auxiliaries. Such Auxiliary shall be subject to the control and supervision of the lodge. They shall conform to and be governed by a Constitution and By-laws that they shall adopt, and which at all times shall be subject to approval of the Board or Trustees of the lodge.

ARTICLE XV - AMENDMENTS TO THE CONSTITUTION

Section 1 - Any member may propose an amendment to this Constitution. Such proposed amendment shall be submitted in writing, to the Secretary.

Section 2 - The Secretary upon receipt of a proposed amendment shall immediately give the material to the Constitution and By-law Committee. The committee shall review the proposal for form, grammar, language and placement in the Constitution. The committee shall also review the proposal to assure it is not in conflict with the State and National Constitution The committee will return the proposal to the Secretary within thirty (30) days.

Section 3 - The Secretary shall read the proposed amendment at two (2) consecutive general meetings. A copy of the proposed amendment shall be published in the monthly newsletter prior to the readings. Upon adoption by a two-thirds vote of those eligible members, following a reading at the second general meeting, the proposed amendment shall become part of this Constitution

ARTICLE XVI - PARLIAMENTARY PROCEDURE

Section 1 - Except as provided in the Constitution and By-laws, the latest edition of “Robert’s Rules of Order, Revised” shall govern the conduct and deliberations of all meetings.

ARTICLE XVII - DUES AND ASSESSMENTS

Section 1 - The amount of annual dues shall be fifty (50) dollars.

Section 2 - Payment of dues are due upon application for membership, and thereafter, during the month of January.

BY-LAWS INDEX

ARTICLE I ACTIVE MEMBERSHIP
ARTICLE II ASSOCIATE MEMBERSHIP
ARTICLE III EXSPELLED FROM THE ORDER
ARTICLE IV MEETINGS
ARTICLE V CONDUCT OF BUSINESS
ARTICLE VI ORDER OF BUSINESS
ARTICLE VII ORGANIZATION
ARTICLE VIII OFFICES
ARTICLE IX COMMITTEES
ARTICLE X ELECTION AND QUALIFICATIONSOF OFFICERS
ARTICLE XI VACANCY-LODGE OFFICES
ARTICLE XII STATE LODGE TRUSTEE
ARTICLE XIII DELEGATES STATE AND NATIONAL
ARTICLE XIV DUTIES OF LODGE OFFICERS
ARTICLE XV LADIES AUXILIARY
ARTICLE XVI ACCEPTANCE AND AMENDMENTS

BY-LAWS

ARTICLE I - ACTIVE MEMBERSHIP

Section 1 – How received. Active members, as described in Article III of the constitution, shall be received through application for membership, and initiation; by Demit; and by re-instatement, all which shall be subject to approval by a majority vote of members present, during a Regular Lodge Meeting, or a Special Meeting indicated for that purpose.

Section 2 – CHARACTER COMMITTEE ON PETITION. Active membership shall be referred to the Character Committee for verification of qualifications for membership, and shall be endorsed by signatures of the members of the Committee before being offered to the Lodge for approval.

Section 3 – PETITION. An active Membership Petition shall bear the signature of an active member, in good standing, as a sponsor, at the time the petition is offered for consideration. In the event, the Character Committee rejects a petition, or the petition fails to receive a majority vote of approval, the petitioner shall be notified that they have been rejected without stating of cause. The notice shall be delivered or mailed by the Secretary, who shall advise the petitioner that application may be re-filed in six months. No applicant shall be initiated at the same meeting in which the petition has been approved. Approval will be by secret ballot.

Section 4 – MEMBER IN GOOD STANDING. “Member in Good Standing” is hereby defined to be a member who has paid all dues and assessments due and payable to of for the Grand Lodge, State Lodge, and Subordinate Lodge, or who is not more than 30 days in arrears of such payments as of the date specified for the payment thereof.

Section 5 – INITIATION CEREMONY. Active Membership Initiation Ceremony shall be conducted at the regular monthly meetings or as directed by the President.

Section 6 – INITIATION FEE. The Initiation Fee of an Active Membership Applicant shall be payable on or before Initiation date.

Section 7 – DUES. Dues for Active Membership shall be based upon the figure of $50.00 annually. Dues shall become payable, beginning with the first of the month in which the initiation is conducted, and will be paid for the remainder of the year at that time. Thereafter, renewal dues will become payable on January 1st, of each year. Future increases shall be made on as needed basis presented by the Executive Board and approved by a majority of the membership.

Section 8 – DELINQUENT. Any member in arrears of payment of dues or assessments after March 1st shall be deemed to be delinquent and not in “Good Standing”.

Section 9 – SUSPENSION. Any member in arrears of payment of dues or assessments after March 1st shall be and is hereby automatically suspended from membership rolls and will be notified by mail at the current address on file.

Section 10 – RE-INSTATEMENT. Any member, who is dropped from the rolls of Active Membership, as provided by Sections 8 or 9, of this Article, may be re-instated and restored to “Good Standing”, by payment of all amounts dues for the year, plus $25.00 assessment. Any member who seeks re-statement, after presenting payment as stated above, must be approved by a majority vote of the Executive Board.

Section 11 – ASSESSMENTS. Assessments, in addition to dues, may be charged each active member. Assessments, stated as to their purpose and use, must be approved by the executive Board, and then be presented at a Regular Meeting for approval. Approval at the Executive Board meeting, and at the Regular Meeting, must be by majority present at the meeting.

ARTICLE II - ASSOCIATE MEMBERSHIP

Section 1 – ACCEPTED. Associate Membership shall be accepted under the following rules, conditions, and qualifications. They shall not hold any office, nor be appointed to any Committee in the Active Membership, Fraternal Order of Police Lodge.

Section 2 – QUALIFICATIONS. Associate Membership shall be available to public-spirited citizens of the Community, City, County, State, or Nation, who are interested in the general welfare of the law Enforcement Officers through the efforts of the Fraternal Order of Police, and the advancement and efficiency of Law Enforcement Agencies. Applicant must be a law abiding citizen, at least 18 years of age, a proponent of Law and Order, and shall not have been convicted of a felony, or a misdemeanor, which involved violence toward an officer of any Law Enforcement Agency. Applicants shall be reputable citizens, well known in character by the Active Member sponsoring the petition. Such members shall be recommended whose affiliation will reflect as a credit to the Order.

Section 3 – NOT QUALIFIED. Associate Membership Petitions will not be considered wherein the applicant is engaged in, employed by or operating and enterprise in conflict with the Laws of the State of Tennessee, or any political subdivision thereof, or any business or establishment of ill repute wherein infractions of the Law frequently occur.

Section 4 – PETITION. A Petition shall be filed upon a regular form furnished by the Lodge; same shall indicate Name, Age, Address, Profession, Employer’s Name and type of business with which the applicant is connected, with all the information necessary to facilitate the investigation by the Character Committee. The Petition shall bear the signature of an Active Member of Lodge No. 35, F.O.P., same to be present and in “good standing” upon the date of approval by the Lodge.

Section 5 – ELECTED TO MEMBERSHIP. A ballot will be taken on Associate Petitions the same as for Active Membership, except that a number of petitions may be voted upon as a group, unless requested by an Active Member on the floor of the Lodge during Regular Meetings. Members are requested to state the particular reason for a separate ballot.

Section 6 – CHARACTER AND CONDUCT. Associate Members shall exemplify their character by proper observance of all Laws, with special observance to Traffic Regulations, Courtesy of the Highways, City Ordinances, State and Federal Statutes.

Section 7 – EMBLEM, LAPEL PIN AND CARD. Associate Members shall be furnished and Automatic Emblem, Lapel Pin, and dues card upon being elected to membership, and payment of dues. Upon renewal of Membership, only dues card will be furnished.

Section 8 – DUES. Associate Membership dues shall be $15.00 annually, minimum. Associates Membership due shall be determined, above the minimum, by a recommendation of a majority vote of Active Membership in attendance at a Regular Meeting. Dues shall be payable upon the first day of the month nearest to date of approval, and be paid for the remainder of the calendar year. The Secretary shall mail renewal dues notice on January 1st for the forthcoming year.

Section 9 – DELINQUENT DUES. Any Associate Member in arrears in payment of dues more than thirty (30) days, and less than ninety (90) days, shall be deemed to be delinquent, and not in “good standing”.

Section 10 – SUSPENSION. Any Associate Member in arrears of payment of dues or assessments more than ninety (90) days shall be and is hereby automatically suspended.

Section 11 – RE-INSTATEMENT. Any Associate Member delinquent as provided in Section 9, may be restored to “good standing” by payment of all dues for the year, plus and assessment if so determined by the Executive Board. Any Associate Member suspended, as provided in Section 10, may be restored as indicated in the paragraph above.

Section 12 – EXPELLED. Any Associate Member who may change his employment, or occupation as to be in conflict with Section 2 of this Article, or his Character or Conduct is such as would reflect with discredit upon the Law Enforcement Profession, may be expelled by a majority vote of members present at two (2) Regular Meetings.

Section 13 – ASSESSMENTS. Assessments, in addition to dues, may be charged each Associate Member, Same provisions as Section 11, Article I, will prevail.

ARTICLE III - EXSPELLED FROM THE ORDER

Section 1 – SUSPENSION. To suspend or expel and Active Member for reasons other than non-payment of dues and assessments, the following procedures shall prevail:

  1. An Active Member or Members in “good standing” shall present specific charges before the Lodge Members in Regular Meeting. Either by voice or prepared statements.

  2. At which time a secret written ballot shall be taken, indicating either favoring or rejecting said charges.

  3. In the event a favoring vote, suspending or expulsion, by a majority of Members present, the Defendant Member shall be notified in writing by the President, or by the Secretary, if so directed, to appear before the Lodge at a Stated Regular Meeting, and then the Defendant shall give good and sufficient cause why said Member should not be suspended or expelled from the Order.

  4. Defendant Member shall have the right to defend himself, personally or may request the assistance of one or more Active Members, in good standing, to act in the Defendant’s behalf.

  5. Both the Lodge, and the Defendant shall have the right of requesting continuance, but such continuance shall not extend beyond two regular succeeding Lodge meetings.

Section 2 – BALLOT ON SUSPENSION. At conclusion of testimony and argument by the Lodge and the Defendant, in which time of argument may be limited equally, by the President, the Defendant shall retire from the Lodge Hall, while a secret, written vote, is cast for sustaining or rejection of the charge.

Section 3 – RE-INSTATEMENT AFTER SUSPENSION. Should a majority vote be cast for suspension, the Defendant Member shall have the right of re-instatement, under regular procedure, at time and date, specified by the Lodge, but must be initiated within six (6) months of the date of suspension.

Section 4 – RE-INSTATEMENT AFTER EXPULSION. Should a majority vote be cast for expulsion, the Defendant Member may not be re-instated. However, he/she may apply for Membership as a new candidate.

Section 5 – REJECTION OF CHARGES. Should a majority vote be cast for rejection of the charges, the Defendant Member shall be immediately re-instated from temporary suspension, and welcomed into the Lodge, providing said Member is in good standing under the provisions of dues and assessments sections. Rules of suspension, or expulsion, in this Lodge shall not conflict in any manner with State and National By-Laws.

Section 6 – APPEALS.

Any Member, who appeals a suspension or expulsion from the Lodge, has the right of an Appeal to the Executive Board of the Tennessee State Lodge, as provided by Article X, Section 3, State Lodge By-Laws; however, during the Appeal period, the appealing Member, is either suspended or expelled, and is not a member in good standing, or a member of the expelling Lodge, whichever is applicable. Any Member, who appeals a suspension or expulsion decision by the Lodge, may not seek re-instatement, as long as the Appeal is in effect.

ARTICLE IV - MEETING

Section 1 – TIME AND DATE. The Regular Meeting shall be held on the Second (2) Monday night, of each month, at 6:30 p.m. Central Standard Time.

Section 2 – SPECIAL MEETINGS. The President may call associate Member Meetings, entertainment or special meetings, as he sees fit, or the needs arise.

Section 3 _ PLACE. All meetings shall be held at a place so designated by the President, with the approval of the Executive Board.

ARTICLE V - CONDUCT OF BUSINESS

Section 1 – OFFICERS REQUIRED. To hold a Regular or Special Meeting of the Lodge, no less than three (3) regular elected Lodge Officers must be present.

Section 2 – QUORUM. At any Regular or Special Meeting, 15 or more Active Members, including three (3) regular elected Lodge Officers, must be present to constitute a quorum. Upon all motions, except to change By-Laws, a majority vote of members present shall prevail.

ARTICLE VI - ORDER OF BUSINESS

Section 1 – ORDER OF BUSINESS SCHEDULE.

  1. Call to order.
  2. Roll Call of Officers.
  3. Invocation – Pledge of Allegiance.
  4. Reading of Minutes of Last Regular Meeting or Special Meeting.
  5. Reading of the Applicants for Membership, which Have Been Approved by the Character Committee.
  6. Reading of Re-Instatement and Demit Applicant Membership Petitions.
  7. Reading of the Applicants for Associate Membership, which Have Been Approved by the Character Committee.
  8. Officers Report.
  9. Committee Reports, by Chairman.
  10. Communications.
  11. Unfinished Business.
  12. New Business.
  13. Introduce Visitors.
  14. Initiate Active Membership Applicants.
  15. Nomination of Officers (November) and Delegates.
  16. Election of Officers (December) and Delegates.
  17. Installation of Officers (December) and Delegates.
  18. Good of the Order.
  19. Benediction.
  20. Adjournment.

ARTICLE VII - ORGANIZATION

Section 1 – COMPOSITION. Memphis Lodge No. 35, Fraternal Order of Police, shall consist of Law Enforcement Officers who qualify under Article III, of Lodge’s Constitution.

Section 2 – MEETINGS. Memphis Lodge No. 35, Fraternal Order of Police, shall hold Regular Meetings at least once a month.

ARTICLE VIII - OFFICERS

Section 1 – OFFICERS OF THE LODGE. President Trustee Vice President Trustee Secretary Trustee Treasurer Trustee Second Vice-President Trustee Sergeant at Arms State Lodge Trustee (2 yr.) Trustee Immediate Past President

All of the above, except the IPP, shall be duly elected as provided in Article X.

Section 2 – EXECUTIVE BOARD OF DIRECTORS. The Officers designated as follows constitute the Executive Board of Directors of the Lodge: The Officers of the Lodge which appears in Section 1, above, and all Past Presidents of the Lodge, (who are members in good standing, who, however, shall not have a voting privilege at Executive Board Meetings).

Section 3 – ADMINISTRATIVE POWERS OF THE BOARD. The Executive Board of Directors, as designated in Section 2, shall have and shall exercise all Administrative Powers of the Lodge, between Regular Meetings, and may report any business transacted by the Board to the Lodge membership at the next Regular Lodge Meeting, after an Executive Board Meeting.

Section 4 – EXECUTIVE BOARD MEETINGS. The Executive Board of Directors may meet as often as required. The President of the Lodge will designate the time and place of the meetings. The Executive Board of Directors shall meet in session at least once every quarter. The Executive Board shall keep records (minutes) of the business transacted at each meeting. Seven members are a quorum.

Section 5 – EXECUTIVE BOARD COSTS. The Lodge may pay any expenses, including meals, incurred by a member of the Executive Board, while performing Lodge business.

Section 6 – TERM OF MEMBERSHIP. Membership on the Executive Board of Directors shall prevail as long as a member as indicated in Section 2 shall qualify.

ARTICLE IX - COMMITTEES

Section 1 – APPOINTMENTS. The President and Vice-President shall appoint all Committees. The President shall appoint the majority by one of each Committee. The Vice-President shall appoint the minority.

Section 2 – EX-OFFICIO CHAIRMEN AND CHAIRMEN. The President shall be ex-officio chairman of all Committees. The President shall appoint or designate the Chairman of each and all Committees.

Section 3 – COMMITTEES DESIGNATED. The Committees of the Lodge may consist of the following, and any additional, as are deemed necessary by the President of the Lodge. Each Committee will be composed of a minimum number of members as indicated:

  • ELECTION FIVE (5)
  • CHARACTER THREE (3)
  • BY-LAWS THREE (3)
  • ENTERTAINMENT THREE (3)
  • LEGISLATATIVE THREE (3)
  • BENEVOLENT THREE (3)
  • RELIEF & DEFENSE THREE (3)
  • PARLIAMENTARIAN ONE (1)
  • CHAPLAIN ONE (1)

Section 4 – MULTIPLE ASSIGNMENTS. A member many be appointed to more than one committee, however, the member may be Chairman of only one committee.

Section 5 – COMMITTEE EXPENSES. The Lodge may pay any expenses, including meals, incurred by a member of a Committee, while performing Lodge business.

ARTICLE X - NOMINATION, ELECTION, AND QUALIFICATIONS OF OFFICERS

Section 1 – TIME. Annual nominations for all Lodge Officers, State Lodge trustees, and Trustees, who will serve in the succeeding year, except as noted, shall be made at a Regular Lodge Meeting in November. Nominations will be from the floor. The Trustees of the Lodge are selected for 3 Four-Year terms and 3 Two-Year terms. The terms will be determined by the amount of votes each candidate receives with the top 3 serving the four-year term and the remaining 3 the two-year term. The State Lodge Trustee shall be elected for a two (2) year term; therefore the election is every two (2) years.

Section 2 – PLURALITY OF VOTES REQUIRED. The candidate receiving the highest (plurality) of votes cast for that office shall be declared elected.

Section 3 – VOTING PROCEDURE. If feasible voting will be conducted on a voting machine; if not feasible, an alternative procedure may be utilized. It may be conducted by mailed, printed ballot, with adequate measures taken to preserve the identity of the voter; or by any method determined by the membership. Voting will be conducted at a pre-determined, announced location, and time, as designated b y the Election Committee. The Lodge will pay for all expenses involved in voting. An Election Committee of five (5) or more members, shall be appointed to conduct the Election, and will follow rules or guidelines approved by the members. The tabulation of votes will be conducted at the Regular Lodge Meeting in December, following the November nominations. After the polls are closed, and tabulation completed of votes cast, by the Election Committee, a report of the results will be provided by the President, who in turn will announce who was elected to what office. Each candidate if he wants may have a representative present during the tabulation of votes.

Section 4 – QUALIFICATION FOR OFFICE. Any candidate nominated for Executive Officer shall have been an Active Member, in good standing for one year, or more, preceding nominations; and shall have attended not less than six (6) Regular Meetings of the preceding twelve (12). A member may not be nominated for more than one (1) office. 1. Any member nominated for office must be a Regular Appointed Law Enforcement or Retired Regularly Appointed Law Enforcement Officer.

Section 5 – LENGTH OF OFFICE. Term of elective office for two (2) years, with the exceptions noted in Section 1, above. There will be no limitation to the number of succeeding terms a member may hold office.

Section 6 – AUTHORITY. Immediately upon certification by the Election Committee, all newly elected Lodge Officers shall be duly installed, and take the Oath of Office under regular Lodge Ritual. The Authority of all Officers shall become effective immediately upon installation at the December meeting.

Section 7 – INSTALLATION. Installation of Officers may be conducted by the outgoing President, or the honor of installation bestowed upon any Past President, or any State or National Officer present.

Section 8 – TIE VOTE. In case of a tie vote for any office, those officers not in a tie vote shall be installed at the December meeting as provided. The voting for the office in question will be subject to a re-vote for the tied candidates only at the January meeting. The President shall install the winner of this vote immediately. The individual occupying the Office in question will remain in office until the January election. If the individual holding this office is elected to another office at the December election, the office in question will remain vacant until the January election.

ARTICLE XI - VACANT LODGE OFFICE

Section 1 – PROCEDURE. Should a vacancy occur in any Lodge Office during the current year, the following procedure shall prevail:

  1. The President’s vacancy to be assumed automatically by the Vice-President.
  2. Any other vacancy, except the State Lodge Trustee, shall be filled by a majority vote of the Executive Board.
  3. The State Lodge Trustee vacancy shall be filled by an election at the next regular Monthly Lodge Meeting.
  4. The Nomination and Election may be at the same meeting.
  5. The candidate receiving the plurality of votes cast, shall be designated the State Lodge Trustee, and will complete the reminder of the term thus filled.
  6. Any vacancy, other than the State Lodge Trustee, which is stated above, filled as this article provides, will be for the reminder of the term thus filled.

Section 2 – TEMPORARY VACANCY. The Lodge President may appoint temporary vacancy, which may occur due to the absence of a Lodge Officer, on a temporary basis, if he thinks it is required.

ARTICLE XII - STATE LODGE TRUSTEE

Section 1 – ELECTION. The State Lodge Trustee shall be elected in the same manner as the other Lodge Officers. (Article X).

Section 2 – QUALIFICATIONS. Qualifications shall be the same as that of other Lodge Officers.

Section 3 – DUTIES. The Lodge shall elect one State Lodge Trustee every other year, (for a two year term). The duties will be to represent the Lodge at all regular and special meetings of the State Lodge Executive Board, and at the State Lodge Conference (Convention). The Trustee will have full authority to represent the Lodge as a member of the State Lodge Board of Trustees. There will be no limitation as to the number of terms a State Lodge Trustee may be elected to consecutively.

Section 4 – EXPENSES. The Lodge shall bear the expenses of the State Lodge Trustee in the manner prescribed in the State and National Constitution and By-Laws, wherein a member may be attending a regular or special meeting for the Good of the Order.

Section 5 – NOTIFICATION AND TERM. Immediately following the election of the State Lodge Trustee, the Lodge President shall direct Lodge Secretary to advise the State Lodge Secretary, giving the name and address of the State Lodge Trustee, who will represent the Subordinate Lodge for the term elected.

ARTICLE XIII - DELEGATES - STATE AND NATIONAL

Section 1 – STATE DELEGATES. The number of delegates to the State Conference shall be governed according to the Lodge Membership, as prescribed in the State Lodge and National Lodge Constitution and By-Laws.

Section 2 – NATIONAL DELEGATES. The number of delegates to the National Conference shall be governed according to the Lodge Membership, as prescribed in the State Lodge and National Lodge Constitution and By-Laws.

Section 3 – ELECTED. State Lodge and National Lodge Delegates shall be elected in the same manner as other Lodge Officers, with the exception of those provided in another article of these By-Laws, who by their elected office, automatically serve as a Delegate. Those who are exempt are the President, Vice-President and Secretary. The members, who are designated as State Conference Delegates, shall be entitled to attend the State Lodge Biennial Conference only. Their term is only for the Conference elected to. The members, who are designated as National Conference Delegates, shall be entitled to attend the National Lodge Biennial Conference only. Their term is only for the Conference elected to. The Lodge shall pay the expenses of the State Lodge Delegates or the National Lodge Delegates. The Lodge’s Executive Board will determine the amounts for expenses.

Section 4 – ALTERNATIVES. Alternatives shall be elected to serve in the event a regular elected delegate, or automatically designated delegate, is unable to attend the Biennial Conference.

An alternative is determined as follows: If the Lodge is determined to be allowed 6 delegates to a conference; there are three automatic delegates, leaving three additional regular delegates to be designated; in addition it is determined to elect 3 alternate delegates, therefore at least 6 members will be nominated, however, there is no limitation on the number nominated, and an individual nominated may be an elected Official.

After the tabulation of votes cast for Delegates, the individual receiving the plurality of votes will be the first delegate (elected). The plurality of votes received by each candidate will determine the order of their sequence. Under this illustration, the nominee receiving the fourth highest plurality of votes would be the first Alternate Delegate. This would be the individual to replace the first regularly designated Delegate elected or automatic, who could not attend the Conference designated to.

If a second regular delegate could not attend, then the individual, who received the fifth highest plurality of votes, would replace the regular delegate, being the second Alternate. There is no limit to the number of alternate delegates that may be nominated or elected. The numbers, upon the recommendations of the Executive Board, may designate the number of Alternate Delegates who will attend the Conference in question.

Section 5 – QUALIFICATIONS. Qualifications of all members nominated as a delegate shall be the same as the nominee for any other elected office within the lodge. Additional qualifications will be: That a delegate elect must have been a member for one year, attend seven meetings during the calendar year, participate in at least one major event sanctioned by the Lodge which will be verified by a Committee Chairman. In addition a delegate elect must participate in at least one other event sanctioned by the Lodge and verified by a Board Member. Once a delegate is elected he or she must attend at least four Executive Board Meetings prior to the Conference they are elected to attend in order to prepare for that Conference. Failure to comply may be cause for dismissal as a delegate and the final decision will be left to the President with the Executive Board’s approval.

Section 6 – EXPENSES. The Executive Board will recommend to the membership, at a Regular Lodge Meeting, what expenses will be paid, how much will be paid, or allowed each Delegate for expenses and costs, to the designated Conference. The recommendation is subject to the membership approval.

Section 7 – DELEGATE POSITIONS. The availability of delegate positions and number of positions to be filled are to be determined by the President and Executive Board. If the number of qualified delegates does not equal the positions available, send only qualified delegates.

ARTICLE XIV - DUTIES OF THE LODGE OFFICERS

Section 1 – PRESIDENT. The President shall be the Chief Executive Officer of the Lodge, shall have general supervision of the Lodge, opens and closes all meetings, presides at and during all regular, special, and committee meetings, if present, appoints all Officers Protem in case of Officer absentees, will preserve order and insist upon proper conduct while the Lodge is in session.

  1. He may communicate the Password to deserving members, direct the activities of and act as ex-officio member of all Lodge Committees, and Executive Board.

  2. He may call for a special meeting, or meetings, and Executive Board.

  3. May call a special session of the Lodge’s membership if so requested by ten (10) or more members in good standing, and due notice shall be given to the membership prior to the called meeting.

  4. He shall preside at all Executive Board Meetings.

  5. In addition, to the general duties above, the following specific duties will be accomplished.

  6. He shall execute any and all contracts that may be authorized by the Executive Board.

  7. He shall submit a written repot of business transacted by him, which shall be retained by the Secretary.

  8. He shall convey to his successor all unfinished business of the Lodge.

  9. He shall have the authority to authorize any expenditures not to exceed $250.00.

Section 2 – VICE-PRESIDENT. The Vice-President shall assist the President in all of his duties while the Lodge is in session. In the absence of the President, the Vice-President shall act as the President, assuming his duties and responsibilities.

  1. He shall have the power to appoint the minority members of all Lodge Committees.

  2. If the President resigns his office, the Vice-President will automatically become President of the Lodge for the remainder of all the term.

  3. He shall have the authority to authorize any expenditures not to exceed $150.00.

Section 3 – SECRETARY. The Secretary shall attend all regular and special meetings of the Lodge. He shall record or be responsible for the recording of all business transactions of the Lodge, the same to be kept in a minute book. The following is a specific responsibility of the Secretary:

  1. Read the minutes of previous meeting at each, succeeding regular meeting, and secure approval of the Lodge of the minutes read.

  2. Maintain a separate book, and record all amendments to the Constitution and By-Laws, after approval by the Lodge.

  3. Attend all sessions of the Executive Board, and Committee Meetings, if desirable. Maintain a record of the business transaction at these meetings.

  4. The Secretary shall answer promptly such correspondence as directed to or received by him, maintaining a copy of same properly filed for ready reference.

  5. Collect all dues, assessments, and any other monies so directed by the President, maintain a record of the monies collected, and then turn over the monies, along with a copy of the record supporting the collection, to the Treasurer. This applies to all Active Membership and Associate Membership monies.

  6. He will purchase all Lodge paraphernalia and also collect the monies for any sold. The same procedure as the above paragraph will hold true for disposition of the monies.

  7. Post and maintain all records of the Lodge pertaining to Active and Associate Membership list and applicants.

  8. He may maintain a record of past or former membership of the Lodge.

  9. He will notify and mail notices to all Active and Associate Members, or cause same to be done, when dues or assessments are due.

  10. He will maintain custody of the Lodge Seal, and other Lodge property, as directed by the President.

  11. He will prepare all State and National Per Capita Tax reports, and deliver same to the Treasurer for payment, not later than ten (10) days prior to the deadline as prescribed by the State and National By-Laws and Constitution.

  12. He will maintain an inventory record of all physical assets of the Lodge.

  13. He will assist the Trustees in their annual audit of the Lodge’s properties and records.

  14. He will pay all Lodge accounts promptly, and secure approval therefore according to Lodge procedure.

  15. He shall execute, or have cause for a surety bond to be executed, in the Lodge favor, an amount recommended by the Executive Board. The Lodge will pay the cost.

  16. The Secretary shall perform the duties applicable to him, which are numerated for the State Lodge Secretary, as listed in the State Lodge By-Laws.

  17. The Secretary will within ten (10) days after the election of his successor, pay to the successor, all funds, monies, bank accounts and security of the Lodge, and turn over to his successor all records, materials, and other property belonging to the Lodge.

  18. The Secretary may be authorized to receive compensation from the Lodge, for his efforts performed on behalf of the Lodge. The compensation will be recommended by the Executive Board, and approved by the membership.

Section 4 – TREASURER. The Lodge Treasurer shall be the custodian of the funds of the Lodge, and perform the following:

  1. He, along with the Secretary, shall sign all checks authorized for payment of accounts owed by the Lodge, by the President, Vice-President or the Executive Board.

  2. He shall keep an itemized record of all receipts and disbursements, such as a cash journal, check journal.

  3. He will be responsible for depositing all monies received by the Lodge, maintaining bank records to substantiate the deposits, as directed by the Executive Board.

  4. He will render a monthly account at the Regular Lodge Meeting, of the bank or fiscal balances of the Lodge’s assets. The amounts owed and the amounts due the Lodge.

  5. He shall perform such duties as are usual and incident to the office, and as directed by the Executive Board.

  6. The Treasurer shall execute, or have cause for a security bond to be executed, in the Lodge’s favor, an amount recommended by the Executive Board. The Lodge will pay the cost of this bond.

  7. The Treasurer will within ten (10) days after the election of his successor, all funds, monies, bank accounts and securities of the Lodge, along with all Lodge records maintained by the Treasurer.

  8. The Treasurer may be authorized to receive compensation from the Lodge, for his efforts performed on behalf of the Lodge. The compensation will be recommended by the Executive Board, and approved by the membership.

Section 5 – SECOND VICE-PRESIDENT. The Second Vice-President shall attend all regular Lodge sessions, and at the direction of the President ascertain the standing of all members present, verify the password, and report his findings to the President.

  1. The Second Vice-President shall introduce all visiting members or visitors to the President for their recognition on the floor of the Lodge.

  2. The Second Vice-President shall perform such Ritualistic duties as prescribed during the initiation of Active Members.

  3. In the absence of the Vice-President, he shall assume the duties of the Vice-President, and in the absence of the President and Vice-President; he shall assume the duties of the President.

  4. The Second Vice-President shall examine the dues cards of members attending meetings, and ascertain if they are in good standing, authorized to attend.

Section 6 – SERGEANT AT ARMS. The Sergeant At Arms will close and guard the entrance door to the Lodge meeting area, while in session, when directed by the President. He will assist the Second Vice-President in maintaining proper decorum in the Lodge when same is in session. He shall perform any other duties as the President may request.

Section 7 – CHAPLAIN. The Lodge Chaplain, is not an elected official of the Lodge, but is appointed by the President, for one meeting, or for a yearly term, as the President desires. He must be a member of the Lodge. Shall open and close all meetings that he is in attendance, with a suitable prayer or invocation. The Chaplain will assist the President in the Burial Services if so requested. The Chaplain will assist the President in any other manner that the President requests.

Section 8 – LODGE TRUSTEE. It shall be the duties of the Trustees to manage and inspect all properties of the Lodge. To meet with the Lodge at Regular and Special Meetings, and of the Executive Board. It shall be the duty of a Trustee to advise and give reports on any matter that they have been assigned to investigate by the President or the Executive Board. To advise the proper distribution for various Lodge funds, investments, securities, and any other matter that pertains to the operation of the Lodge, or which would be of interest to the Executive Board or the Lodge Membership. If requested by the President or the Executive Board, submit a written report at the end of the year, concerning their activities, and recommendations. The Trustees shall review an annual audit of the Lodge’s financial records, and a report submitted to the Executive Board, and to the Lodge membership. The actual audit may be conducted by whomever the President designates, who will conduct the audit of the Lodge’s Financial Records, instead of the Trustees themselves. The cost of an annual audit may be authorized by action of the Executive Board.

Section 9 – IMMEDIATE PAST PRESIDENT. The Immediate Past President shall attend all regular and special meetings, Executive Board Meetings, and shall advise and assist, the President and Executive Board on matters pertaining to the operation of the Lodge, and shall execute such assignments as the President and Executive Board may request.

Section 10 – PAST PRESIDENTS. The Past Presidents shall attend all regular and special meetings, Executive Board Meetings, and shall advise and assist, the President and Executive Board on matters pertaining to the operation of the Lodge, and shall execute such assignments as the President and Executive Board may request. The Past Presidents may enjoy voting privileges, as a regular Active Member, at Regular and Special Meetings; however, they will not enjoy voting privileges as a member of the Executive Board. The Past Presidents shall be lifetime members of the Lodge, and their membership dues (State and National Lodge Per Capita Tax) will be paid by the Lodge. Any Lodge assessments for Regular Active Member of the Lodge may be revoked if a Past President is suspended or expelled under provision of Article III.

ARTICLE XV - AUXILLARIES

Section 1 – RECOGNITION. The Memphis Lodge No. 35, Fraternal Order of Police, recognizes, and acknowledges that an Auxiliary Lodge may be beneficial in the support of the Lodge, and will assist the functions of an Auxiliary Lodge.

Section 2 – ORGANIZATIONAL PROCEDURERS. Any formation of a Lodge Auxiliary, No. 35, will conform to the provisions as outlined in Article III, Section 7, of the Constitution of the Tennessee State Lodge, and the provisions as outlined in Article XVII, Section 1, of the Constitution of the National Grand Lodge, Fraternal Order of Police.

Section 3 – CONTROL. An Auxiliary Lodge shall be subject to the complete control and supervision of this Lodge.

Section 4 – AUXILIARIES DISBANDMENT. An Auxiliary may be disbanded, and recognition withdrawn by this Lodge, upon the recommendation of the Executive Board, and approved by a plurality vote of members at a Regular State Lodge Meeting. All assets, debts, and Auxiliary property shall be turned over to this Lodge, at the time of disbandment. The final disposition of the assets, debts and other property of the Auxiliary will be determined by this Lodge’s Executive Board recommendations, subject to the approval of the Lodge membership.

ARTICLE XVI - ACCEPTANCE AND AMENDMENTS

Section 1 – APPROVAL AND ACCEPTANCE. The Constitution and By-Laws of Memphis Lodge No. 35, Fraternal Order of Police, Memphis, Tennessee, were originally approved March 11, 1968. This revised and improved Constitution and By-Laws is approved (mm/dd/yr), subject to the approval of the Tennessee State Lodge, Fraternal Order of Police. They are adopted with the specific provision that same shall not conflict with.

Section 2 – AMENDMENTS. Any and all Amendments to the Constitution and By-Laws shall be submitted, at a Regular State Session of the Lodge. The following procedure will govern their presentation and passage, or consideration for passage.

  1. All proposed Amendments will be submitted in duplicate.

  2. All proposed Amendments will be typed, double spaced, and signed by two (2) or more Active Members, in good standing.

  3. All proposed Amendments after their first reading before the assembled membership, shall be assigned to the By-Laws Committee for study. The By-Laws Committee shall either recommend approval or rejection of said proposed Amendment, stating the reason for either action, in typed form, attached to the proposed Amendment.

  4. All proposed Amendments, with the recommended approval or rejection, shall be presented to assembled members at the next Regular Lodge Meeting.

  5. A plurality vote of members assembled at the next Stated Session, shall either be for approval or rejection of the proposed Amendment. The vote need not be the same as the recommendation of the By-Laws Committee.

  6. Adoption or rejection of the proposed Amendment must be obtained at two succeeding meetings. However, if one session is for approval and one session for rejection, a third session must be obtained to determine its adoption or rejection.

  7. No proposed Amendment rejected shall be reconsidered for a period of four (4) months after its rejection.

    8. State and National Constitutions and By-Laws. Any rules, laws and edicts or procedures not incorporated herein, and not covered by the Constitution and By-Laws of the Tennessee State Lodge and the National Lodge, Fraternal Order of Police, “Robert’s Rules of Order, Revised,” latest edition, shall prevail.

Section 3 – AMENDMENT BOOK. Any Amendments which have been approved, and adopted through the procedure specified, shall be recorded in the Amendment Book, and further called to the attention of the Lodge membership by due notice, and/or circulated and published according to the direction of the President.

Section 4 – REPRINTED. Adopted and published during the year 2018. Adopted by Memphis Lodge No. 35, Fraternal Order of Police, on (mm/dd/yr).



This page was written and coded by Lodge 35 Member, Jim Smith. Please direct all questions concerning this page to him at: JWSmith9@earthlink.net




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