ARTICLE 1
The association shall be known as the
South Dakota Peace Officers’ Association, a Non-Profit Organization, Inc.
ARTICLE 2 - PURPOSE
It shall be the purpose of this
association to develop a close and personal relationship between the
various law enforcement officials of the State of South Dakota; to
maintain a steadfast resolution to guard the rights, liberties, and
welfare of all citizens; to foster any project which will help to bring
law enforcement officials to be recognized as professionals; to increase
the efficiency of the members by aiding in the improvement of the Civil
Service laws and demanding the enforcement of same; to encourage the
members to attain a high degree of skill and efficiency in all law
enforcement officers.
ARTICLE 3 - Membership
Section 1 - (Revised
2009) Membership in this association shall be confined to the following:
(A) Law enforcement officers employed by the State of South Dakota or
any of its political subdivisions: (B) Federal law enforcement officers;
(C) Railway and express company agents; (D) Magistrates, judges,
justices of the peace, state’s attorneys and their deputies; (E) the
attorney general and his/her assistants; (F) State and local radio
dispatchers; (G) Correctional officers; (H) Parole agents and court
services officers; (I) Certified reserve officers, (J) Full time law
enforcement staff, (K) Executive Secretary (as part of wages), (L ) With
Board approval, retired law enforcement officers in good standing , who
have never been a member, but they can not hold office. (M) With Board
approval, out of State Law Enforcement Officers who are currently
employed, but they can not hold office. (N) Current Transportation
Security Administration employees, with Board approval.
Section 2 - Any member of this association who is discharged
for just cause from employment which qualifies him/her as eligible for
such membership will automatically be dropped from such membership
provided, however, that any such member holding Civil Service or other
statutory rights in the police department in which he/she is employed,
until such discharge or removal is affirmed by the Civil Service, or loses
certification as a law enforcement officer, or removed person fails to
appeal his/her discharge or removal within the time limit specified by law
for filing such appeal; or within thirty days after such discharge or
removal if no time be so specified he/she shall then be automatically
dropped from membership in this association.
Section 3 - No one shall be admitted to membership who has
been convicted of a felony. Any member of the association convicted of a
felony
shall at the time of such conviction be dropped from membership: however,
such member shall be reinstated if such conviction is not affirmed by the
Supreme Court in the case of an appeal.
Section 4 - A member may be terminated from membership if
exigent or extenuating circumstances exist which are not covered by the
provisions in Article 3, Section 2 or Section 3. By a majority vote, the
Board of Directors can suspend a membership pending a majority vote by the
General Membership to maintain or terminate membership.
Section 5 - No one may become a member of the association
until all the requirements as set down by the Constitution and By-laws
have been complied with.
ARTICLE 4 - Officers, Elections, Salaries
Section 1 - The
officers of the association shall consist of a president, a first vice
president, a second vice president, a third vice president, immediate past
president, and an executive secretary.
Section 2 - The officers except the executive
secretary shall be elected at each annual seminar and shall hold office
for a term of one year, all of whom shall serve without compensation. The
new board of directors shall appoint the executive secretary no later than
90 days from the end of the annual seminar. This appointment will be by
majority vote of the board of directors, and shall be made a member of the
board of directors, and shall hold office for the term of one year and
shall receive a salary to be set by the board of directors.
Section 3 - Officers to be elected shall be
elected by secret ballot except where there is but one nomination for
office, in which case the election may be on motion, by viva voice. A
majority vote shall be necessary for election. Whenever there are two or
more candidates for any office and no candidate receives a majority in the
first ballot, only the two candidates receiving the highest number of
votes shall then be balloted upon. A proxy vote may be cast only due
to illness, any type of personal emergency or work related requirements
(i.e. court appearances, required report for duty) that affect a member
after his/her registration of that year’s general seminar and attendance
at same.
The Board of Directors shall appoint a member from the board of directors
as a proxy representative and all proxy votes would be directed through
that representative.
The election of officers to be held the same day as the annual business
meeting,
time of day for said election to be set by the board of directors, with
provision the old board of directors conduct the seminar to its
conclusion.
The person or persons nominated for office must be present at the time of
election. If by necessity they are called back to official duties, serious
illness, or death, upon verification the person or persons may be
nominated and elected.
This shall pertain to the office of president, first vice president, and
second vice president.
The association’s retiring president will automatically become immediate
past president, and the president, first vice president, second vice
president and third vice president shall be elected from the members
attending that election.
Section 4 - Officers shall comprise the Board
of Directors. Any vacancy occurring on the Board of Directors between
seminars shall be filled by the remaining members of the Board of
Directors at the next succeeding meeting. If a vacancy should arise in the
Office of the Executive Secretary, the unexpired term shall be filled by a
member of the Board of Directors as appointed by the President until such
time as a new Executive Secretary can be appointed. If proper and
sufficient notice of the election has been given, a majority vote shall
elect, otherwise an affirmative vote of a majority of the Board of
Directors shall be necessary to elect. The officers of the association
shall be the respective officers of the Board of Directors. The Board of
Directors shall meet upon call of the President or upon request of three
of the Board of Directors. A majority of the members of the Board of
Directors shall be necessary for the transaction of any business.
The newly elected Board of Directors shall meet within 90 days after the
annual seminar to insure a continuous flow of the association’s business.
The Directors spend what money is necessary for legislation purposes for
the good of the members of this association, the amount of which shall be
determined by resolution at the last annual seminar.
The Board of Directors shall be lobbyists - to speak on behalf of the
association, as directed by the members at the last seminar, prior to the
meeting of the legislature. The amount allotted for these lobbyists will
be determined by the members at the last seminar prior to the meeting of
the legislature.
Section 5 - The board of directors shall have
the power to discipline its members by temporary suspension or exclusion,
for failure to comply with all the rules and regulations laid down in this
Constitution and By-laws or for conduct unbecoming a member.
ARTICLE 5 - SEMINAR
Section 1 - The annual meeting of this association shall be held during the
months of September or October on dates selected by the Board of
Directors, however, if it is impracticable or impossible to hold the
seminar on the date set or in the city previously selected, the board of
directors may change the dates or place of such seminar.
Section 2 - Any person
who wants to attend training presented by the South Dakota Peace Officers
Association at the annual seminar must be a member in good standing, or
sworn officer, or SDPOA Auxiliary member. Any exceptions will be mandated
by a majority vote of the Board of Directors.
ARTICLE 6 - DEATH
BENEFIT
Section 1 - Section 1-
(Revised 2009) Any member of the South Dakota Peace Officers’
Association who prior to April 1, 2001 had selected the death benefit,
at the time of death, shall be eligible for a Death Benefit in the
amount of $1,000. All other members thereafter are eligible for the
$7,500. Accidental Death Benefit.
ARTICLE 7 -
AMENDMENTS
The constitution shall not be amended except at an
annual seminar by a two-thirds vote of the members present at the meeting.
