Constitution & Bylaws

Preamble

We, the members of the New York State Association of Chiefs of Police, organized in Rochester, New York, on the 30th day of November, 1901, as a voluntary auxiliary governmental agency to serve the people of the State of New York, having formed ourselves into an Association for the reasons: that the maintenance of law and order and the exercise of democracy in government is a responsibility placed within the field of criminal justice; and with the rapid growth and mobility of our population, we find a need for enhancing more effective lines of communication among our respective law enforcement agencies as communication develops knowledge and knowledge results in understanding; and as our primary objective is to advance professional education, uniformity of operation and the advancement of the general welfare of the police profession; and having been incorporated in the County of Onondaga, New York, on the 4th day of February, 1957, pursuant to the Membership Corporation Law of the State of New York, said corporation to be styled and known as,

“New York State Association of Chiefs of Police, Inc.”

We do hereby make and ordain for our government, the following:

Constitution

Hereby pledging ourselves to the support and maintenance of the same in accordance with the following to wit:

ARTICLE I

Purposes

SECTION 1. The primary purpose of this Association is an educational one in order to gather, diffuse and promote useful and necessary knowledge to the police officials of the State of New York.

SECTION 2. Other incidental and concomitant purposes of the Association are as follows:

A. To devise, cultivate and disseminate systems from the prevention and detection of crime and the arrest and detention of criminals;

B. To advocate and promote reforms in the laws of the State of New York in association and collaboration with the Legislature, for the public  safety, protection and general welfare;

C. To assist in and facilitate the administration of criminal justice;

D. To encourage and elevate the integrity, honor and courtesy among all members of the police profession;

E. To inculcate and foster a spirit of loyalty to duty as public officials, to each other and to all other public officials and servants under their jurisdiction; and to encourage a spirit of harmony;

F. To cement the links which unite us as public officials of the State of New York;

G. To maintain a record of the proceedings of the Association including elections, minutes of meetings, addresses, papers and essays delivered at the meetings, and to distribute the same as a system of education for the police departments of the State of New York;

H. Under circumstances whereby the existence of this organization be discontinued for any reason whatsoever, the assets remaining be and the same become the corpus of a trust fund to be established pursuant to the statutes at that time made and provided, the income from the corpus to be used to advance and further education in law enforcement by the creation of grants and scholarships for the students participating in such courses.

ARTICLE II

Membership

SECTION 1. The Association shall consist of five (5) classes of members: Active, Retired, Life, Associate and Sustaining Members.

SECTION 2. Active Members shall consist of:

A. Active membership shall be limited to chief executive officers of a New York Municipal or State law enforcement agency, College/University, Tribal or Airport, Railroad or Port Authority law enforcement agency and command staff as determined by the chief executive. Active members also include an agent-in-charge of a Federal Law Enforcement Agency assigned to an office in New York State. All active members shall have the right to vote in Association matters.

B. In the event an active member becomes unable to continue to meet the qualifications for active membership, the member shall be transferred to that class of membership for which the member qualifies.

C. Active members elected as officers of the Association and becoming retired members during their tenure shall resign their elective positions prior to the next Board of Governors meeting, with the exception of the Immediate Past President and the Past President.

SECTION 3. Retired Members shall consist of:

Active members in good standing prior to their retirement. Such retired members shall enjoy all the rights and privileges of active members not inconsistent with the Constitution and By-Laws herein enacted or hereafter enacted except election to an office of this Association.

Retired members shall not be eligible for election to an elective office of this Association except as provided in Article IV, section 4, paragraph C.

SECTION 4. Life Membership shall consist of:

All past presidents, or any person who has been an active member or a retired member in good standing who has completed twenty (20) cumulative years with the association.

SECTION 5. Associate Members may include:

Sworn police / peace officers, members of a Sheriff’s Office, and criminal justice partners or persons approved by the Board of Governors or the Executive Director.

SECTION 6. Sustaining Members shall consist of:

Persons who are non-law enforcement personnel or non-criminal justice partners.

SECTION 7. ANNUAL DUES:

The dues for all member categories shall be reviewed on an annual basis by the Finance Committee. Suggested changes shall be discussed with the Association Officers and Board of Governors.

 ARTICLE III

Code of Ethics

The members of the New York State Association of Chiefs of Police, Inc. adhere to the principle that a standard of professional conduct for its membership is desirable and that through vigilant enforcement of these standards, the professionalism and performance of police executives will be enhanced.

Basic Tenets

SECTION 1. The membership of the New York State Association of Chiefs of Police, Inc. (Association) is dedicated to the principles of effective and democratic government through the appointment of police executives by appropriately constituted elected or appointed officials. Members will maintain a constructive and practical approach to their duties within the parameters of the policies set by the governing body and appropriate statutes and ordinances.

SECTION 2. Association members shall be dedicated to the highest ideals of honor and integrity to maintain the respect and confidence of their governmental officials, subordinates, the public and their fellow police executives.

A. Members should conduct themselves so as to maintain public confidence in their profession, their department and in their performance of the public trust.

B. Members should conduct their official and personal affairs in such a manner so as to give the clear impression they cannot be improperly influenced in the performance of their official duties.

SECTION 3. Association members shall adhere to the highest standards in application and maintenance of employment.

A. At all times, members shall completely and accurately represent their credentials, including prior employment, education, certification and personal history.

B. Members seeking a police executive position should demonstrate professional respect for incumbents and those seeking the same position. Professional respect does not preclude honest differences of opinion. It does preclude attacking a person’s motives or integrity in order to be appointed to a position. Members should not seek employment in a jurisdiction having an incumbent chief law enforcement administrator who has not resigned, retired or been officially notified of termination.

SECTION 4. Association members represent that the primary function of police executives is to serve the best interests of their respective jurisdictions and the law enforcement profession.

A. Association members are committed to fair and impartial enforcement of laws and ordinances and respect for fundamental human rights.

B. Association members are dedicated to innovative and participative management, at all times seeking to improve their departments, increase productivity, and remain responsive to the needs of their jurisdiction.

C. Association members shall continually strive to improve their personal knowledge and abilities and that of their fellow members through independent study, courses, meetings and seminars.

D. Association members believe that all supervision and management should be fair and equitable for all levels of employees and that all statutes and personnel regulations should be honored. All actions relating to selection, retention, promotion and transfers should be based on ability and equal opportunity.

E. All policies, procedures and rules regulating conduct of officers should be in writing and available to all personnel. This includes disciplinary and grievance policies and operating procedures of the department.

F. Association members shall encourage friendly and courteous service and strive to improve communications with all members of the public, at all times seeking improvement in the quality and image of public service.

G. Association members shall be committed to advancing the principles of respect for individual dignity and respect for constitutional rights for all persons with whom their departments come in contact.

H. Association members recognize they should refrain from participation in the election of the employing governing body and from all partisan political activities which would impair their ability to serve all segments of their community. This standard is not to be construed to prevent members from voting or expressing their personal opinion where appropriate or to prevent any action that may be taken by the Board of Governors.

I. Association members recognize that their positions require them to provide leadership by example, including adherence to all governmental and departmental written directives as applicable.

J. Association members represent that their function is to administer their agencies within the framework of the policies articulated by their government body and state and national law. Any actions directed toward change in those policies, including lobbying, shall be conducted in an open and constructive manner with the knowledge of their employers.

SECTION 5. Association members believe that professional standards include the regulation of personal and financial conduct.

A. Members shall not seek favor or personal gain through misuse of confidential information or their public time or facilities.

B. Members shall not directly or indirectly solicit any gift, or accept or receive any gift, whether in the form of money, services, loans, travel, entertainment, hospitality, promises or in any other form, under circumstances in which it could reasonably be inferred the gift was intended to influence them, or could reasonably be expected to influence them, in the performance of their duties or was intended as a reward for any official action on their part.

C. Members shall not invest or hold any investment, directly or indirectly, in any business, commercial or other private transaction which creates a conflict with their official duties.

D. Members shall not disclose to others, or use to further the personal interest of themselves or others, confidential information acquired by them in the course of their official duties.

E. Members shall not engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties.

F. Members shall not, acting in their official capacity, endorse commercial products by agreeing to the use of their picture, endorsement or quotation in paid advertisements, whether for compensation or not. Members further should not permit any endorsement of commercial products by department employees acting in their official capacity, whether for compensation or not.

Enforcement

The following procedures will be adhered to in all action arising under this Code of Ethics:

SECTION 1. Upon knowledge of the Executive Director or a member of the Board of Governors that a member of the Association has:

A. A misdemeanor or felony indictment or arrest, such indictment or arrest shall result in automatic suspension from the Association pending a final criminal proceeding outcome.

B. A misdemeanor conviction, such misdemeanor conviction shall result in automatic suspension from the Association pending an Ethics Committee being convened.

C. A felony conviction, such felony conviction shall result in automatic expulsion from the Association.

SECTION 2. When necessary, the President of the Association shall appoint an Ethics Committee of at least three (3) members of the Board of Governors to hear alleged Code of Ethics violations. The President shall name one of the three members to Chair the Committee.

A. The Chair of the Ethics Committee will be designated to receive all complaints. Complaints regarding Association members’ conduct can be brought by any member of the Association or by any responsible individual or organization outside of the membership. The Chair will review all complaints and conduct whatever investigation and inquiry is deemed necessary to determine whether sufficient cause exists to conduct a hearing into the allegation. If there is an apparent or possible violation of the Code of Ethics, the Chair will make a written recommendation to the Board of Governors that a hearing be conducted. The Board of Governors will approve or disapprove the Chair’s recommendation.

B. Complaints of a frivolous or an unfounded nature may be dismissed by the Ethics Committee, with the written concurrence of the President. All dismissals of frivolous or unfounded complaints shall be in writing and supported by the results and conclusions of the Chair’s investigation. Repeated frivolous complaints by an Association member against other members may subject that member to disciplinary action by the Association upon motion by the committee, with the written concurrence of the Board of Governors.

SECTION 3. Association members will be held to the standards of behavior set forth in Article III, Basic Tenets of this Code. This includes adherence to the laws they are sworn to uphold. Members will also be subject to disciplinary action for behavior other than that specified in the aforementioned provisions that brings disrepute upon their department or their profession.

SECTION 4. Upon receiving the Board of Governors approval to initiate disciplinary action, the Chair will schedule a hearing before the Ethics Committee.

SECTION 5. The alleged violator will be notified by certified mail, return receipt requested, by the Chair at least two weeks before the hearing. The alleged violator may request a continuance for a specified duration upon written motion to the Chair of the Ethics Committee. No Association member shall be granted more than two such continuances. If the alleged violator does not request a continuance, the hearing may be conducted in the member’s absence.

SECTION 6. The date, time and site of the hearing shall be determined by written order of the Chair.

SECTION 7. The hearings shall be conducted as follows:

A. The Chair shall conduct the hearing.

B. The hearing will be conducted in a formal manner approximating a governmental administrative legal proceeding. The degree of formality will be determined by the Board of Governors depending on the nature of the allegations.

C. Attendance at the hearing will be restricted to the alleged violator, Ethics Committee members and any other member of the Board of Governors. Witnesses will not be permitted to attend the hearing except when offering testimony.

D. The alleged violators may present witnesses on their behalf. The parties alleging the violations may testify or present witnesses on their behalf or may offer testimony by means of affidavits submitted to the Chair of the Ethics Committee prior to the date of the hearing.

E. Either party may examine and cross-examine witnesses. In addition, members of the hearing panel and the members of the Board of Governors may ask questions directly of the witnesses.

F. All hearings shall be recorded or transcribed verbatim.

SECTION 8. The Ethics Committee, after hearing all information, shall recommend one of four potential courses of action. Any action taken requires an affirmative vote of the majority of those present of the Committee. Decisions will be based on a standard of the preponderance of the evidence.

A. The four possible courses of action are:

1. Unfounded – The alleged violation did not occur. An unfounded determination will be considered a dismissal of all charges.

2. Exonerated – The incident occurred but was not a violation of the standards set forth in this Code.

3. Sustained – The preponderance of the evidence presented to the Ethics Committee supports the allegation, and the violation is a breach of the standards set forth in the Code.

4. Deferral – The hearing has been deferred due to the unforeseen unavailability of information or witnesses.

SECTION 9. In the event of a sustained violation, the Board of Governors shall levy one of three sanctions, based on the nature and severity of the violation and the recommendations and findings of the Ethics Committee contained in the Chair’s written report to the Board of Governors. The Board of Governors may levy one of the following three penalties:

A. Censure – A letter to the violator, citing the section of Article III violated.

B. Suspension – A letter to the violator citing the section violated, and advising the violator that the violator is suspended from Association membership and privileges for a period of time determined by the Board of Governors after which time the violator may apply to the Board of Governors for re-admission to the Association.

C. Expulsion – A letter to the violator, citing the section violated, and advising the violator of permanent expulsion from the Association’s membership and privileges.

SECTION 10. No public notification of Ethics Committee activity will be made except with the express approval of the Board of Governors.

ARTICLE IV

Organization of Government

SECTION 1. The organization of government of the Association shall consist of two separate, distinct and independent departments, to wit:

A. The Legislative Department;

B. The Executive Department.

SECTION 2. The Legislative Department shall consist of the Active Members, Active Retired Members and Life Members of the Association, duly elected and qualified to vote, assembled at any regular or special meeting of the Association.

SECTION 3. Legislative Department – Powers and Duties

A. The Legislative Department shall pass all amendments to this Constitution, as provided in Article VI hereof.

B. Pass all By-Laws, or amendments to those now existing for conducting the affairs of the Association as provided in Article VI hereof.

C. Pass any temporary regulation by an appropriate resolution to be effective between annual meetings, and until the next succeeding meetings, by an affirmative vote of not less than the majority of the members present, presuming the presence of a quorum.

D. The quorum of the Legislative Department required to transact business at any meeting of the Association shall consist of not less than one-fourth (1/4) of the members registered to attend the annual conference who are in good standing and entitled to vote: PROVIDED however, that a smaller number may adjourn from day to day, or adjourn sine die.

SECTION 4. The Executive Department shall consist of a Board of Governors, eighteen (18) in number:

A. The President, First Vice President, Second Vice President and Third Vice President, shall at all times be members of the Board of Governors. Once the President completes his or her full term as the President, he or she shall become the Immediate Past President. The Immediate Past President shall be a member of the Board of Governors for two (2) years, the first year of which he or she shall also be a member of the Board of Officers, the second year remaining on the Board of Governors as a Past President. In the event of a retirement of the Immediate Past President or the Past President, he or she shall remain a member of the Board for the duration of the two (2) years in their capacity as an Active Retired member, in good standing and residing in New York State.

B. Ten (10) members of the Board of Governors shall also be elected, one (1) representing each of the Zones as provided in sections 6 and 7 of this Article.

C. One (1) member of the status of Active Retired, in good standing and residing in New York State, shall be elected to the Board of Governors by the Legislative Department for a term of two (2) years at the Annual Conference of the Association. Such two (2) year term shall begin at the election at the July 2009 Annual Conference.

SECTION 5. Executive Department – Powers and Duties

A. The affairs of the Association between the annual meetings shall at all times be conducted by and under the supervision and control of the Board of Governors.

B. The President, First Vice President, Second Vice President, Third Vice President and the Immediate Past President shall also be known as the Board of Officers.

C. Meetings of the Board of Governors, the quorum to transact business, and such other provisions and regulations as may be proper, appropriate or necessary for the conduct of the affairs of the Association, shall be provided by the By-laws of the Association.
SECTION 6. The Zones represented by the Board of Governors shall be as follows:

Zone 1

Suffolk County

Zone 2

Nassau County

Zone 3

New York City
Kings County
New York County
Bronx Count
Queens County

Richmond County

Zone 4

Westchester County

Zone 5 Mid Hudson

Rockland County
Ulster County
Orange County
Dutchess County
Sullivan County

Putnam County

Zone 6 North East

Columbia County
Saratoga County
Greene County
Washington County
Schoharie County
Hamilton County
Albany County
Warren County
Rensselaer County
Essex County
Schenectady County
St. Lawrence County
Montgomery County
Franklin County
Herkimer County
Clinton County
Fulton County

Zone 7

Onondaga County
Cayuga County
Oneida County
Madison County
Lewis County
Oswego County

Jefferson County

Zone 8 Southern Tier

Delaware County
Tioga County
Tompkins County
Otsego County
Broome County
Chemung County
Chenango County
Schuyler County
Cortland County

Steuben County
Allegany County

Zone 9

Monroe County
Ontario County
Genesee County
Wayne County
Wyoming County
Yates County
Orleans County

Seneca County
Livingston County

Zone 10

Erie County
Chautauqua County
Niagara County

Cattaraugus County

Active members, who are employed by law enforcement agencies which are not entirely within any one zone, may seek election to the Board of Governors. The election shall be held in the zone where the member’s office is located.

SECTION 7. Board of Governors

A. The Members of the Board of Governors shall be active members, or an active retired member if the Immediate Past President or Past President in good standing who shall be declared elected by the majority vote of the active members and active retired members of the zone that they represent. The election shall be conducted in the zone and the requirement to become a candidate is the endorsement of five (5) active members or active retired members within the zone in good standing. The election shall be conducted by the Executive Director who shall make a report of the results of the election.

B. The voting procedures, for election to the Board of Governors only, are as follows:

1. Any time a vacancy on the Board of Governors is contemplated because of the expiration of the current member’s term of office for that Zone, the Executive Director of the New York State Association of Chiefs of Police will notify by mail or by an email to the address the member provides to the association, and may additionally be posted in the association electronic newsletter or the association website no later than March 1st of that year, each active member in good standing within that Zone of an actual or proposed vacancy on the Board of Governors to be filled by an active member in that Zone in good standing.

2. Any active member, in good standing, within that Zone may seek the position on the Board of Governors provided the member is sponsored, in writing, by at least five (5) other active members or active retired members in good standing, within that zone.

3. Once an active member, in good standing, has received the required five (5) sponsors, the member must notify the Executive Director in writing no later than March 15th of that year, of the member’s intent to seek office. The member shall submit a letter of intention with five (5) sponsor’s letters of endorsement no later than the March 15th deadline.

4. The Executive Director will then prepare ballots listing the names of all members, within that Zone, who have complied with the previously stated requirements for seeking office. The Executive Director by April 1st of that year will then mail the ballots to all active members and active retired members, in good standing in that Zone for the purpose of their casting their votes. In the event there is only (1) candidate in a specific Zone, the President will cast one vote declaring the candidate duly elected. It will be incumbent upon each voter to submit a marked ballot to the Executive Director, not later than May 1st of that year.

5. A special committee consisting of three active members appointed by the President will tally all votes cast and the results shall be published in the Association Newsletter. The Executive Director shall maintain a record of these ballots for a period of two years.

6. Members so elected shall retain their office on the Board of Governors for a period of two years.

7. If during that term the member so elected is unable to act because of death, physical or mental incapacity, resignation, retirement, disqualification, dismissal from the police agency, or is elected as an officer of the Association, and the unexpired term is less than one year, the unexpired term will be filled by appointment by the President of an active member from the Zone in which the vacancy exists, with an affirmative vote of the majority of those members of the Board that are present. If the unexpired term is more than one year, the Executive Director will conduct a special election based upon all procedures previously stated.

8. Starting with the Association year of 1981-1982, the term of office of the Board Members will be staggered so that one-half (1/2) of the Board is elected each year as follows: a. The even numbered zones on the even numbered years and the odd numbered zones on the odd numbered years. b. As of March 1, 1981, Board Members in Zones 1,3,5,7 and 9 will be elected for two year terms. Board Members in Zones 2,4,6,8 and 10 will be elected for a one year term. As of March 1, 1982, Board Members in Zones 2,4,6,8 and 10 will be elected for two year terms.

9. In the event of a tie vote in a Board of Governors election, the Executive Director shall conduct a special election based upon all procedures previously stated which are applicable, unless all of the qualified candidates except one withdraws their name in writing, and in that event, the President shall cast one vote declaring the remaining candidate duly elected. If a special election is conducted, no other candidates than those originally eligible may be considered and no additional letters of nomination are required. New “Special Election” ballots shall be mailed to eligible voters with the ballots to be returned to the Executive Director not later than thirty (30) days after they are mailed. In the event of a tie vote in the special election, the election shall be decided by lot.

C. Term of Office-Board of Governors

1. The term of office of regularly elected members of the Board of Governors, representing Zones, will be from January 1st to December 31st of the following year.

2. Members of the Board of Governors shall be installed at the Annual Training Conference following their election, and will assume office upon being sworn in at the annual training conference or annual meeting.

3. Members of the Board of Governors elected or appointed to fill an unexpired term shall be installed as directed by the President.

ARTICLE V

Officers

A. President;

B. First Vice President;

C. Second Vice President;

D. Third Vice President;

E. Immediate Past President.

SECTION 2. A member of the Board of Officers shall be a head of a police department of a municipality, district or authority, or a Chief of Police, a Commissioner of Police, a Superintendent of Police, an Assistant or Deputy Chief of Police, Assistant or Deputy Superintendent of Police, Chief Inspector, Chief of Detective, Assistant or Deputy Chief. A member of the Board of Officers shall be recommended by that member’s head of his or her police department, provided that the member’s head of his or her police department is an active member of this Association. A member of the Board of Officers shall be an active member, except that the Immediate Past President and the Past President shall remain active retired members of the Board of Governors upon their retirement for the duration of their two (2) year term.

A. Should the Immediate Past President or President become unable to act because of death, physical or mental incapacity, resignation, disqualification or dismissal from a police agency, the remaining Board of Governors shall determine the status of the vacancy with an affirmative vote of not less than the majority of the remaining members of the Board.

B. Should the President retire during their term as President, the 1st Vice President shall assume the role of President for the remainder of the unfinished term in addition to their full term.

SECTION 3. The President, First Vice-President, Second Vice-President, and Third Vice-President shall be elected by the Legislative Department as a whole. The members of the Board of Governors shall be elected by the Legislative Department as provided in Article IV, Section 7.

A. In the event of a tie vote in an election for officers, or for the Board of Governors member of the status of active retired a second vote shall be taken unless all of the qualified candidates except one withdraws their name from consideration and in that event the Immediate Past President shall cast one vote declaring the remaining candidate duly elected. In the event of a tie on the second vote, the election shall be decided by lot.

B. Election Procedures.

1. The Nominating Committee shall vote by secret ballot unless there is only one candidate for the office to be filled.

2. The election of officers shall take place at a general session of the Annual Conference. The date and time of voting will be determined by the President and published in the Conference program.

3. The President or designee shall preside over the election proceedings; however, no candidate may be the presiding officer.

4. The Chair of the Nominating Committee shall report the recommendations(s) of the Committee to the general membership prior to the candidate’s speech.

5. Each candidate for office will be allowed equal and appropriate time for nominating, seconding and acceptance speeches, not to consume more than a combined total of fifteen minutes, including the candidate’s speech.

6. In the event of a tie vote, the President shall designate the time and place of the run-off election. In the event of a tie vote on the second vote, the election shall be decided by lot.

7. A poll watcher selected by and representing each candidate may be present at the polling place. The names of members selected as poll watchers shall be given to the Chair of the Election Committee and Sergeant-at-Arms prior to the election.

8. The Election Committee shall establish guidelines for the conduct of the election and shall insure that such guidelines are implemented. This shall include determining fair campaign practices. The Election Committee shall report all serious breaches of campaign practices to the Board of Governors who shall take corrective action.

9. The Election Committee shall keep all candidates advised of guidelines, practices and procedures concerning the election.

10. The Election Committee shall tabulate all votes cast, in the presence of the Sergeant-at-Arms and the poll watchers.

11. The Chair of the Election Committee and all tellers involved in counting ballots shall certify in writing and sign the election results and forthwith deliver the results to the President or designee.

12. The President or designee will immediately report the results to the membership.

13. The Chair of the Election Committee shall deliver a copy of the certification and ballots to the Executive Director who shall retain custody of them until directed to dispose of them by action of the membership or Board of Governors.

SECTION 4. The Sergeant-at-Arms shall be appointed by the President to serve at the pleasure of the President.

SECTION 5. The Executive Director shall be an employee of the Association, appointed by the Board of Governors. The Executive Director serves at the pleasure of the Board of Governors and may be removed from their position at the discretion of the Board. The Executive Director’s compensation shall be fixed by the Board of Governors.

SECTION 6. The Sergeant-at-Arms shall not be a member of the Board of Governors or an incumbent in any other office of the Association.

SECTION 7. The privilege, prerogatives, rights, duties, obligations and liabilities of the respective offices, shall be provided in and determined by the By-Laws.

SECTION 8. The Historian shall be the Executive Director.

SECTION 9. Commencing with the election conducted at the general session of the 2005 Annual Conference, the term of office for the President, First Vice President, Second Vice President, Third Vice President, Immediate Past President and Retired Members Representative to the Board of Governors shall be from the date following the Annual Conference to the last date of the next Annual Conference.

ARTICLE VI

Amendments

SECTION 1. Constitution

A. Proposals of Amendments to this Constitution may be made by any member of the Legislative Department. Such amendments shall be in writing, served upon the Executive Director at least sixty (60) days previous to a vote to be taken thereon; and a copy of such proposed amendments shall be served upon each member of the Board of Governors by the Executive Director within ten days of receipt of such amendments by the Executive Director. An affirmative vote of the majority of the Board of Governors shall occur prior to the Executive Director serving such amendments on Legislative Department by the Executive Director, within ten days of the affirmative vote of the Board of Governors of such amendments by the Executive Director.

B. No change, alteration or amendment to this Constitution, or any provision thereof, shall be made, unless by the affirmative votes of the majority of the members of the Legislative Department present, presuming the presence of a quorum.

SECTION 2. By-Laws

A. An amendment to the By-Laws of the Association may be made at any meeting of the Association, without formal notice to the Active and Associate Members; PROVIDED, that the same shall be submitted in writing to the Executive Director, and passed by the affirmative votes of not less than the majority of the members present, presuming the presence of a quorum.

ARTICLE VII

Adoption

SECTION 1. This Constitution of the “New York State Association of Chiefs of Police,” was duly and constitutionally passed and adopted at a meeting of the Association held on the 29th day of August, 1935, in the City of Utica, New York, to become effective at the opening of the 1936 Annual Meeting.

NEW YORK STATE ASSOCIATION OF
CHIEFS OF POLICE, INC.

CHAPTER 1

MEMBERSHIP

SECTION 1. The Election of Members

A. Applications for Active Membership shall be endorsed by an Active Member of this Association in good standing who shall certify that the member is personally acquainted with the applicant, believes the statements contained in the application to be true, that the applicant is eligible for Active Membership in this Association, and that the member nominates the applicant for membership.

B.

1. Upon receipt by the Executive Director of an application, on a form furnished by the Association, for Active Membership and payment of the proper dues the application shall be forwarded to the Board of Governors member from the applicant’s zone.

2. The Zone Governor will review the application and offer recommendations concerning the qualification of the applicant regarding the By-Laws stipulations for membership.

3. The application will then be forwarded to the Association Executive Director for processing.

SECTION 2. Membership Rolls

The Executive Director shall keep a “Register” or “Roll,” showing the name, classification and date of admission of each member, and shall report to the Board of Governors any delinquency or consequent disqualification arising from the non-payment of dues; or, the change of classification, disqualification or lapse of membership, or office, as governor or officer of the Association.

SECTION 3. Membership Dues, January 1st thru December 31st., shall be:

A. Active Member - $250;

B. Retired Members - $50;

C. Life Members - No dues;

D. Associate Members - $250;

E. Sustaining Members - $300.

F. Any Active Member or Retired Member of the Association shall be considered in arrears if their annual dues is not paid in full by February 15 of the current dues year. Non-payment of dues within the required time frame will also result in removal from the membership data base and suspension of all member benefits.

G. Any Active Member or Active Retired Member of the Association who shall be in arrears for dues payable shall forfeit the right to vote.

H. Any Governors or Officers who shall be in arrears for dues payable for a period of one (1) year shall forfeit their office or offices.

I. Any Associate Member who fails to renew membership annually as required, on the membership date, shall forfeit membership in Association.

J. Active Retired Members who have served as an Active Member of the Association for at least 10 years may become a Non-Dues Paying Member by paying the sum of $125.

CHAPTER II

Officers

SECTION 1. The officers of this Association, as provided in the Constitution, shall be a President, a First Vice-President, a Second Vice-President, a Third Vice-President and Immediate Past President.

SECTION 2. Active Members and Active Retired Members of the Association, other than members of the Board of Officers, desiring elective offices must submit their intention in writing to the Executive Director of the Association prior to January 1st of the year seeking elective office. The Executive Director shall be responsible for forwarding all such information to the past Presidents of the Association. The Board of Governors may waive the above time requirements at any time for good cause shown.

CHAPTER III

The Officers – Their Duties and Responsibilities

A. Be a member of the Board of Governors and the Chair thereof, the chief executive officer and head of the Association and ex-offico member of all committees.

B. Preside at all meetings of the Association, of the Board of Governors and perform such other duties as may be required, or as are incidental to the office.

C. Appoint the following standing committees to function for the duration of the term or as otherwise provided in the Constitution and By-Laws, to wit:

1. A Financial Advisory Committee whose duty it shall be to prepare and submit to the annual meeting next following, an estimate of the receipts and expenditures, which report, in relation to expenditures, shall not be exceeded during the succeeding year, unless authorized by an appropriate resolution by the Board of Governors.

2. Law and Legislative Committee who, from time to time, during their term of office, shall prepare and submit to any annual, semiannual or special meeting of the Association, such amendments to the Constitution and/or By-Laws, as they, in their discretion and judgment may deem advisable or necessary; and further, and of special importance, advocate and promote reforms in the laws of the State of New York for the public safety and protection.

3. A Program Committee to be responsible for the program of the annual Association meeting. The Program Committee shall at minimum include the President, 1st Vice President and the Executive Director.

4. A Nominating Committee consisting of all past Presidents who are registered and in attendance at the Annual Conference, who shall interview aspirants to the respective elective offices of the Association and who, at their first meeting during the Annual Conference, shall elect a chair.

5. The president may appoint such other committees for the efficient operation of the Association, subject to the approval of the Board of Governors. Members shall be appointed to the above committees to serve at the pleasure of the President, unless otherwise set forth in the Constitution or By-Laws.

6. All other Committees, as provided for in the Constitution or By-Laws, shall perform duties and report as directed by the President of the Association.

SECTION 2. The First Vice President shall assume and conduct the duties of the President in the case of death, incapacity, resignation, disqualification or other inability of the President to serve.

SECTION 3. The Second Vice President shall assume and conduct the duties of the President in the case of death, incapacity, resignation, disqualification or other inability of the President and First Vice President.

SECTION 4. The Third Vice President shall assume and conduct the duties of the President in the case of death, incapacity, resignation, disqualification or other inability of the President, First Vice President and Second Vice President.

SECTION 5. The Executive Director shall:

A. Receive all applications for membership and all money for dues or fees from all sources derived, and deposit the same in such depository as the Board of Governors shall, from time to time, order by appropriate resolution; the Executive Director shall keep accurate accounts of receipts and expenditures in a book of the Association provided for such purposes and make all disbursements in accordance with resolutions of the Legislative Department authorizing the same.

B. Further, at the expiration of the Executive Director’s office, promptly deliver up the books, papers, and other property of the Association, and all money, receipts and accounts in the possession as Executive Director of the Association, to the successor in office or to any other person the Association or the Board of Governors may order and direct by appropriate resolution.

C. Be bonded as directed by the Board of Governors.

D. Attend all meetings of the Association and the Board of Governors and keep a full and complete record of such proceedings in books of the Association provided for such purpose.

E. Serve all notices of meetings of the Association, meetings of the Board of Governors and meetings of the Committees.

F. Perform such other duties connected with the office as may be required by appropriate resolution of the Association or the Board of Governors, or as outlined in a Board approved job description.

SECTION 6. The Sergeant-at-Arms shall maintain order at all meetings of the Association and perform such other duties connected with the office as the presiding officer shall direct.

SECTION 7. The Treasurer shall be appointed by the President on a bi-annual basis and ratified by a majority of the Board of Governors at a regularly scheduled meeting of the Board. The duties, responsibilities and requirements of the Treasurer shall be as follows:

A. The Treasurer position is a non-voting member of the Board of Governors, but may be involved in Executive Session decisions that are related to NYSACOP finances for consulting purposes. They must be an Active, Active Retired or Lifetime member in good standing to hold such position. Previous experience on the Finance Committee is preferable for this position.

B. Reviews weekly check distributions that are completed by either the Executive Director, Accountant, Office Administrator, or whomever is responsible for check payments.

C. Must carefully inspect the weekly check distribution report and report any unusual expenditures to the Board of Governors.

D. Chair (or Co-chair with the current President) all Finance Committee meetings and prepare an agenda for Finance Committee members to review prior to the Finance Committee meeting.

E. Reports directly to the Executive Director and President of the Association.

F. Establish a line of communication with the NYSACOP contracted accountant and financial advisor, maintaining an awareness of all account statuses, balances and activity.

G. The Treasurer is a co-signee on the NYSACOP annual tax returns.

H. Communicates with and provides any required documentation to any accounting firm that is conducting NYSACOP audits.

I. Attend Board of Governors meetings and prepare a report based on the Finance Committee meetings and answer all questions related to NYSACOP expenditures.

J. Brief the Board of Governors on current budget reports and account statuses.

K. Assist the Executive Director and Board of Governors on budget preparation.

SECTION 8.  The Parliamentarian shall be by Presidential appointment, with ratification by a majority of the Board of Governors.

A.  The Parliamentarian shall possess knowledge and familiarity of parliamentary procedures and be an expert in the rules and usages of a deliberative assembly.

B. The Parliamentarian shall possess a strong knowledge of the Association, have a long history of being active within the Association, and must make themselves available to assist and advise any member of the Board of Governors.  Unless simultaneously serving on the Board of Officers or as a member of the Board of Governors, the Parliamentarian shall be a non-voting member of the Board of Governors and the Board of Officers.

C. The Parliamentarian must also be an Active, Retired, or Lifetime member is good standing to hold such position.

Section 9.  Vacancies of Officers: Upon the death, incapacity, resignation, or other inability of any elected member of the Board of Officers, the vacancy shall be filled by the majority vote of the remaining members of the Board of Governors, except where otherwise provided in the Constitution or By-Laws.

CHAPTER IV

Meetings of the Board of Governors

SECTION 1. Meetings: Meetings of the Board of Governors may be called upon request of the President or other officer designated to take the President’s place, at such time and place within the State of New York as the President may direct. Meetings of the Board may also be called by the Executive Director upon written request of not less than a majority of the Board of Governors.

SECTION 2. Expenses: All actual expenses incurred in connection with any meeting of the Board of Governors shall be borne by the Association, and paid upon receipt by the Executive Director of an itemized account in writing of such expenses.

SECTION 3. Quorum: The quorum of the Board of Governors required to transact business at any meeting shall be not less than nine members.

CHAPTER V

Association Membership Meetings

SECTION 1. The annual meeting of the Association shall be held at least once in each calendar year at such time and place as shall be fixed and determined by the Board of Governors.

SECTION 2. Semi-annual meetings shall be held, if so ordered by a resolution passed at the proceeding annual meeting.

SECTION 3. Special meetings of the Association may be held at any time as follows:

A. Called by the President by and with the consent of a majority of the Board of Governors in writing, or by a resolution of the Board.

B. Called by the request in writing of not less than two-thirds (2/3) of the Board of Governors in office served upon the Executive Director.

C. Called by the request in writing of not less than one-fourth (1/4) of the Active Members of the Association served upon the Executive Director.

SECTION 4. Notice of Association Meetings:

A. Shall be served by the President or the Executive Director upon each member, personally or by mail at the member’s registered address, at least twenty (20) days before the appointed time.

B. Such notice to contain the time and place of meeting.

C. In the case of special meetings, notices shall be served only upon the Legislative Department. Such notice shall also contain a statement of the business to be transacted, and no other business, other than that contained in such notice, or permitted under the Constitution and existing By-Laws, shall be considered or transacted at such special meeting.

SECTION 5. On all questions except as otherwise provided in the Constitution or these By Laws, the vote may be taken via voice; but when a majority of the members present demand a yea and nay vote to be taken by the Association, it shall be done accordingly, the Executive Director shall call the roll, and the vote of each member shall be entered in the minutes and published in the proceedings.

SECTION 6. Voting Regular and Special Meetings: Only Active, Active Retired, and Life Members personally present at a regular or special meeting shall be entitled to vote on any matter brought before such meeting.

SECTION 7. Order of Business:

A. Calling the meeting to order.
B. Address and report of President.
C. Report of Executive Director.
D. Reading of Communications.
E. Report of standing committees.
F. Report of special committees.
G. Appointment of special committees.
H. Unfinished business.
I. Miscellaneous and new business.
J. Topics and essays arranged for by the program committee and discussion of the same under the provisions of the Rules of Order.
K. Election of the President and the First, Second and Third Vice Presidents and one Retired Member at large of the Board of Governors.
L. Adjournment.

SECTION 8. Rules of Order:

A. The presiding officer shall preserve order and decorum at all times. All questions of order shall be decided by the presiding officer, subject to appeal to the Board of Governors.

B. The presiding officer shall at all times, in the officer’s discretion, govern requests for privilege of the floor by Associate Members, and the officer’s decisions shall be final.

C. All motions shall be offered and presented by authorized members; and every member who speaks or offers a motion shall rise and respectfully address the presiding officer. While speaking the member shall address the subject and question before the meeting or under debate only.

D. Any member violating the provisions respecting the privilege of the floor, may be denied further audience at once upon the question or debate before the meeting either upon the invitation of the presiding officer, or upon an appeal to the chair by an aggrieved member or members.

E. The President shall appoint a Resolutions Committee of five (5) members. Individual members and committees submitting resolutions must do so in writing to the Executive Director for processing and forwarding to the Resolutions Committee before the Annual Training Conference. No resolution shall be voted upon by the membership unless, after due consideration, it has received a recommendation of the Resolutions Committee. The Resolutions Committee shall make its report at the Annual Training Conference as directed by the President.

F. When two or more members shall rise to speak at the same time, the presiding officer shall decide which member shall be entitled to the floor, and the decision shall be final.

G. Closed Meetings. The members entitled to vote shall have the right and privilege at any meeting of the Association, by a vote of the majority of the members present, presuming the presence of a quorum, to declare a closed meeting, to be conducted by those members only; and the President shall have discretion to order a closed meeting; any provision of these By-Laws to the contrary notwithstanding.

H. The President shall have discretion to limit the time allotted for debate or discussion by individual members.

I. The presiding officer shall, at all times, be governed in parliamentary procedure by the rules laid down in Robert’s Rules of Order.

CHAPTER VI

Legal Assistance

SECTION 1. Active members of the Association who have legal questions concerning personal job security or disciplinary actions may be entitled for up to one hour of an initial consultation with the Association’s legal counsel.  Procedure for requesting Legal Assistance:

A. Any active member who desires legal assistance will notify the Executive Director of such request in writing with details of the need for assistance.

B. Upon receipt of such request, the Executive Director shall discuss the request with the Association President and render a decision in as timely a manner as possible.

C. The Executive Director will inform the Active Member if they are eligible for legal assistance or not. If eligible, the Active Member must use the Association’s Counsel unless Counsel advises the Executive Director that there is a conflict of interest and they must recuse themselves. In this situation the Active Member may employ an attorney of their choosing. However, the Association will only pay the hourly rate of the Association’s legal counsel.

SECTION 2. On an annual basis, an Attorney or Attorneys shall be appointed by the Board of Governors to serve as Counsel to the Association. Counsel shall perform such legal duties and render such legal assistance as directed by the President, Board of Officers, Board of Governors or Executive director.

CHAPTER VII

Commendations

Educational Scholarships

SECTION 1. The primary purpose for which our Association was formed is an educational one.

SECTION 2. Under any circumstances whereby the existence of this organization becomes discontinued for any reason whatsoever, the assets remaining and the same become the corpus of a trust fund to be established pursuant to the statutes at the time made and provided, the income from the corpus to be used to advance and further education in law enforcement by the creation of grants and scholarships for the students participating in such courses.

SECTION 3.

A. The Association shall provide college or university scholarships for the sons, daughters and grandchildren of Active Members, Retired Active members, deceased Active Members or deceased Active Retired Members, Active Members and Active Retired members and their spouses shall also be eligible for scholarship assistance. (Chap. X. Sect. 3A amended, 1985 Conference, Aug. 12th Buffalo, NY).

B. The number of scholarships, the sum to be awarded, and the rules of awarding of such scholarships will be determined by Resolution of the Board of Governors.

C. The Scholarship Committee shall decide who shall be the winners of scholarships, subject to the approval of the Board of Governors.

CHAPTER IX

Amendments