AMENDED AND SUBSTITUTED BYLAWS
POLICE OFFICER’S ASSOCIATION OF NEBRASKA
The principle place of activity of the Association shall be located in Lincoln , Nebraska . The Association may have such other places of activities, either within or without the State of Nebraska , as the Board of Directors may determine or as the activities of the Association may require from time to time.
POLICE OFFICERS ASSOCIATION OF NEBRASKA PURPOSE
- Promote the general welfare of law enforcement in Nebraska .
- Develop closer personal and official relationships among law enforcement personnel.
- Foster a steadfast resolution in all people to protect the rights, liberties and welfare of the people.
- Raise the standards of law enforcement and the personnel connected therewith.
- Provide continuing education and training for law enforcement.
- Disseminate new materials and methods in law enforcement.
- Encourage recognition of law enforcement as a professional work entitled to commensurate respect.
- Advocate and encourage legislation for the improvement of law enforcement work and for the benefit of its personnel.
- Help defray the burial expense of its members.
SECTION 1. The members of the Association shall be divided into nine classes, and the qualifications and rights of the members of each class is as set forth below:
A) FULL MEMBER: Any individual who is actively engaged as a full time, regular, commissioned Law Enforcement Officer employed by a municipality of the State of Nebraska .
B) ASSOCIATE FULL MEMBER: Any individual who is actively engaged as a full time noncommissioned employee of the Police Department of a municipality of the State of Nebraska, (including Dispatchers, Police Cadets, Parking control Officers, and Animal control Officers), and any individual commissioned as a Reserve Police Officer, or Part-time Police Officer of the Police Department of a municipality is eligible.
C) REGULAR MEMBER: Any individual who is actively engaged as a full time, regular, commissioned Law Enforcement Officer employed by other than a municipality of the State of Nebraska is eligible to be a Regular Member.
D) ASSOCIATE REGULAR MEMBER: Any individual who is actively engaged as a full time noncommissioned Law Enforcement Officer employed by other than a municipality of the State of Nebraska and any individual commissioned as a Reserve Law Enforcement Officer employed by other than a municipality of the State of Nebraska is eligible to become an Associate Regular Member.
E) RETIRED MEMBER: Any individual who has been a Full Member or a Regular Member of the Association for fifteen (15) or more consecutive years and thereafter ceases to be eligible for either Full or Regular Membership and is not eligible for Life membership, shall be eligible to be a Retired Member.
F) HONORARY MEMBER: The Board of Directors may bestow Honorary membership upon any person.
G) SPONSORING MEMBERSHIP: Any individual eighteen (18) years of age or more may become a Sponsoring Member and any business entity lawfully conducting business within the State of Nebraska may become a Sponsoring Member by contribution of financial support according to the following schedules:
1) Gold Sponsoring Membership:
2) Silver Sponsoring Membership:
3) Bronze Sponsoring Membership:
4) Patron Sponsoring Membership:
Sponsoring Members shall receive a Sponsoring Membership decal, letter from the Association President and an invoice for personal records as the only benefits of Sponsoring Membership.
H) AUXILIARY MEMBERSHIP: Any individual who shall be related to any Full Member, Regular Member, Retired Member, Associate Full Member, or Associate Regular Member may be eligible for Auxiliary Membership. Relationship shall be defined as: spouse, parent, son, daughter, grandparent, grandchild, aunt, uncle, brother, sister or same relationship by marriage.
I) LIFE MEMBERS: With the exception of sponsoring and auxiliary memberships, all charter members and those who were members prior to induction into the Hall of Fame, shall be awarded Life Membership within their class of membership, and no annual dues shall be assessed upon Life Members.
SECTION 2. All classes of members, except Honorary Members, Sponsoring Members and Auxiliary Members shall be entitled to vote on matters which are submitted to a vote of the members.
SECTION 3. Only Full Members or Retired Members (who have been a Full Member or Regular Member of the Association for fifteen (15) consecutive years) shall be entitled to serve on the board of Directors of the Association and to hold other elective offices.
SECTION 4. The annual meeting of the members shall be held at the same time and place as the Annual Conference of the Association. The Annual Meeting will be held without further notice than contained in these Bylaws and in the call for the Annual Conference.
SECTION 5. Special Meetings of the members for any purpose, may be called by the Board of Directors. In the event of a Special Meeting, the notice thereof shall designate the date, time and place of the Special Meeting and shall be mailed to voting class memberships not less than fifteen (15) days prior to the date of the Special Meeting.
SECTION 6. Twenty-five (25) members entitled to vote on the affairs of the Association shall constitute a quorum at a meeting of the membership. Unless otherwise provided by law, a simple majority of the votes cast of the members present at any meeting is required for the adoption of any resolution or the taking of any action.
SECTION 7. Any qualified individual may make application for membership to the Board of Directors or in such manner as the Board of Directors shall direct. Membership shall be granted in the appropriate class in the manner directed by the Board of Directors. Membership can be revoked by two-thirds majority vote of the Board of Directors after notice and an appropriate determination that the conduct of the members is adverse to the best interest of the Association.
SECTION 8. The funds necessary to carry out the program of the Association shall be contributed by the members by the payment of membership dues and other fund raising activities as approved by the Board of Directors. At its Annual Meeting, the Board of Directors shall establish the annual membership dues for all classes of membership for the ensuing year.
SECTION 9. No member shall have any right in or claim upon the property of the Association while a member or after termination of membership.
BOARD OF DIRECTORS
SECTION 1. The activities and affairs of the Association shall be managed by its Board of Directors.
SECTION 2. The Board of Directors shall consist of the five (5) Officers of the Association and six (6) Directors. The six (6) Directors shall be elected for terms of three (3) years and shall serve until their successors are elected and qualified. Two (2) of the six (6) members of the Board of Directors shall stand for election each year.
SECTION 3. The five (5) Officers of the Association, President, Immediate Past President, First Vice President, Second Vice President and Secretary-Treasurer, shall also be members of the Board of Directors. The Second Vice President shall be elected at the Annual conference to serve a term of one (1) year, therein to succeed the First Vice President. The First Vice President shall succeed the President. The President shall then become the Immediate Past President. The Secretary-Treasurer shall be elected annually at the conference and shall serve a term of one (1) year. Each Officer to serve a term of one (1) year until their successors are qualified or elected.
SECTION 4. A Regular Meeting of the Board of Directors shall be held, without notice, immediately following and at the same place as the Annual Meeting of the members. The Board of Directors shall, in addition, meet at such other times and places as shall be designated by the President.
SECTION 5. Notices of any Meeting shall be given at least five (5) days prior thereto in writing; however, the attendance of a Director at a Meeting shall constitute a Waiver of Notice of such Meeting unless the Director attends for the expressed purpose of objecting to the transaction of any business because the Meeting was not lawfully called.
SECTION 6. Six (6) members of the Board of Directors shall constitute a quorum for the transaction of business at any Meeting of the Board of Directors.
SECTION 7. Any vacancy occurring in the Board of Directors or Officers of the Association may be filled by an affirmative vote of a majority of the Board of Directors. A Director or Officer elected to fill a vacancy shall be appointed for the unexpired term of his predecessor in Office, but shall not extend to the succession of Offices as provided in Article IV Section 3. In such event the membership at the Annual conference shall elect the Officer position vacated.
SECTION 8. The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors.
SECTION 9. Recall of Officer or Directors, Procedures When Applicable. Any Officer or Director may be recalled from Office due to inactivity or malfeasance of Office. A written complaint must be filed with the Secretary-Treasurer who shall cause the recall to be brought before the Board of Directors. Written notice shall be provided the Officer or Director who shall be the subject of the recall as to the date, time and place of the recall hearing before the Board of Directors. The Board of Directors shall have the authority to recall any Officer or Director for just cause by a simple majority as provided in Article IV Section 8.
DUTIES OF OFFICERS
SECTION 1. PRESIDENT: The President shall be the principle executive Officer of the Association and shall in general supervise and control all activities and affairs of the Association. He shall, when present, preside at all meetings of the members and the Board of Directors. He may sign, with the Secretary or any other proper Officer of the Association authorized by the Board of Directors, any documents or other instruments which the Board of Directors has authorized to be executed, and in general shall perform all duties incident to the Office of President and such other duties as may be prescribed by the Board of Directors from time to time. The President shall appoint all committee chairpersons, except standing committees, who shall be appointed by the Board of Directors and their terms of office shall not expire. The President shall oversee the activities of the Finance Committee and the planning for the annual conference. The President shall be an ex-official member of all committees of this Association.
SECTION 2. FIRST VICE PRESIDENT: In the absence of the President, or in the event of his recall, death, inability or refusal to act, the First Vice President shall perform the duties of the President and when so acting shall have all the powers of and be subject to all the restrictions upon the President. The First Vice President shall oversee the activities of the Training Committee, Legislative Committee, and Retirement Committee. The First Vice President shall also perform such other duties as may from time to time be assigned to him by the President or the Board of Directors.
SECTION 3. SECOND VICE PRESIDENT: In the absence of the President or First Vice President, the Second Vice President shall perform the duties of the President and when doing so shall have all the powers of and be subject to all the restrictions as upon the President. The Second Vice President shall oversee activities of the, Membership Committee, Election Committee, Awards Committee, and Fundraising Committee. The Second Vice President shall also perform such other duties as may from time to time be assigned to him by the President and Board of Directors.
SECTION 4. SECRETARY-TREASURER: The Secretary-Treasurer shall keep the minutes of the Members and the Board of Directors meetings, see that all notices are duly given in accordance with the provisions of the Bylaws, be custodian of the corporate records, keep a register of the post office addresses of each Member, have charge and custody of and be responsible for all funds and securities of the Association and in general perform the duties incident to the Office of the Secretary-Treasurer and such other duties as may from time to time be assigned to him by the Board of Directors. The Secretary-Treasurer shall oversee the activities of any association employee or person under contractual agreement for services by the Association. The financial records of the Association shall be audited annually.
SECTION 1. A Election Committee consisting of three members shall be appointed prior to the annual membership meeting. The Chairperson will appoint the remaining committee members.
SECTION 2. The Election Committee shall nominate members for election to the Board of Directors and as Officers. In addition, nominations may be made from the floor, if the consent of the person nominated has been received in advance. The Election committee shall nominate annually candidates for Second Vice President, Directors, Secretary-Treasurer, and any Office vacated and filled as per Article IV Section 7 of the Bylaws.
SECTION 3. The Election Committee shall also serve as the judges of the election, count the ballots and certify the results thereof.
EMPLOYEES OF THE ASSOCIATION
SECTION 1. The Association may hire such employee as necessary upon the Board of Directors approval to conduct the administrative duties of the Association.
SECTION 2. The Association shall be an equal opportunity employer and shall abide by all applicable Federal, State and Local Labor laws.
SECTION 3. All employees of the Association shall be salaried employees. The Board of Directors annually shall set the salary per employee or may adjust the same from time to time as necessary for the efficient operation of the Association.
SECTION 4. All employees of the Association shall prepare and present annually to the Board of Directors a detailed job description for each employee of the Association for the Board of Directors approval.
SECTION 5. The Secretary-Treasurer of the Association shall prepare and present annually to the Board of Directors a detailed job description for each employee of the Association for the board of Directors approval.
SECTION 6. Any employee may be terminated with or without cause by the Board of Directors of the Association and shall serve at the pleasure of the Board of Directors.
SECTION 7. Individuals, firms or corporations who shall enter into a serve contract agreement with the Association shall not be considered as Association Employees.
SECTION 8. Officers of the Association shall not be employees of the Association and shall be prohibited from becoming employees of the Association. Officers of the Association may receive monthly expense allowances as may be approved by the Board of Directors.
POAN AUXILLIARY ASSOCIATION
SECTION 1. As provided in Article III, Section H, the Association may authorize an Auxiliary membership. The Second Vice President of this Association shall be on the Board of Directors of such POAN Auxiliary Association which is herein authorized.
SECTION 2. The activities of the POAN Auxiliary Association shall not be in conflict with the Bylaws of this Association.
SECTION 3. The POAN Auxiliary Association shall prepare and present their Bylaws to this Association for approval.
SECTION 4. The POAN Auxiliary Association shall pay to this Association one-half of the membership dues collected per member.
SECTION 5. The POAN Auxiliary Association shall hold their Annual Conference in conjunction with this Association’s Annual Conference.
SECTION 6. The POAN Auxiliary Association shall abide by the Nebraska Nonprofit Corporation Act, and all applicable Federal, State and Local Laws and shall be subordinate to this Association, as an extension of this Association.
SECTION 7. The Association shall, by the action of the Board of Directors, have veto powers over the action and activities of the POAN Auxiliary Association.
SECTION 8. The President of the POAN Auxiliary Association shall be an ex-official member of the POAN Board of Directors.
SECTION 9. The POAN Auxiliary Association is prohibited from retaining employees, or causing indebtedness to POAN Association.
COMMITTEES OF THE ASSOCIATION
SECTION 1. The President of the Association shall have the power to create whatever committees and chairpersons he deems reasonable to carry out the activities of the Association including and in addition to the following committees:
A) Training Committee
B) Finance Committee
C) Membership Committee
D) Awards Committee
E) Fundraising Committee
F) Legislative Committee
G) Election Committee
H) Retirement Committee
SECTION 1A. The Retirement Committee shall be a standing committee.
SECTION 2. The duties and responsibilities of the Committee shall rest with the Committee Chairperson and the Vice President s overseeing such committee and shall conform to the following prescribed criteria.
A) TRAINING COMMITTEE: Shall be responsible for the selection of training program for the Annual Conference and shall coordinate reasonable accommodations for the same, and /or training programs including annual conference.
B) FINANCE COMMITTEE: Shall be responsible for preparation of the Association budget and long range financial planning; shall conduct the annual audit of the Association accounts or cause the same to occur; shall make recommendations to the Board of Directors regarding investment options and shall work with the Secretary-Treasurer of the Association.
C) MEMBERSHIP COMMITTEE: Shall be responsible for membership recruitment and membership reactivation. The Membership Committee shall prepare and present an action plan to the Board of Directors annually during the first quarter of the fiscal year for approval and implementation.
D) AWARDS COMMITTEE: Shall seek nominations for the Hall of Fame Award and the Outstanding Officer Award; shall investigate candidates and select person or persons annually to receive these awards at the annual conference; shall oversee the procurement of these awards, present the award s at the annual banquet and coordinate the placement of the recipients name on the Hall of Fame plaque at the Nebraska Law Enforcement Training Center.
E) FUNDRAISING COMMITTEE: Shall be responsible for the fundraising activities of the Association, which may include but are not limited to a semi-annual publication and/or soliciting sponsoring memberships; shall make recommendations to the Board of Directors in all fundraising activities for approval.
F) LEGISLATIVE COMMITTEE: Shall work with the Association in the drafting, introducing of or monitoring of legislation before the Nebraska Unicameral; shall report during the first quarter of the fiscal year to the Board of Directors on all legislative bills pending which affect the interest of this Association or its Members; shall coordinate all testimony before the various Legislative Committees or hearings before the Nebraska Unicameral; shall be familiar with pending legislation and make appropriate recommendations to the Board of Directors for official Association response.
G) ELECTION COMMITTEE: Duties as prescribed in Article VI.
H) RETIREMENT COMMITTEE: Shall coordinate legislative activities on all issues affecting the Nebraska Retirement Laws with the Legislative Committee.
SECTION 3. The President may expand the general duties of any committee from time to time as he sees fit.
SECTION 4. The Committee Chairperson(s) and the President shall be responsible for the selection of personnel to their respective committees, except as designated standing committee.
SECTION 5. Chairperson(s) serve at the pleasure of the President of the Association and may be replaced by the President as he shall see fit, except for standing committee. In the event that a standing committee chair is not able to fulfill his duties the President may appoint a new chair for the duration of the person’s term, subject to a vote of the majority of the Board.
SECTION 1. This Association by vote of the Board of Directors may enter into an affiliation agreement with any lawfully constituted nonprofit corporation.
The Association shall, as authorized by the Provisions of the Nebraska Nonprofit Corporation Act, indemnify any Member, Officer or Director for all costs and expense incurred, including judgments, fines and amounts paid in settlement resulting from any action taken by such Member, Officer or Director in good faith and in a manner he reasonable believes to be in or not opposed to the best interests of the Association and after having been so authorized to act, directly or indirectly by the Board of Directors or Members in meeting assembled.
In the event of cessation of the activities of the Association, it shall be dissolved in accordance with the provisions of the Nebraska Nonprofit Corporation Act and any assets remaining after discharging all appropriate charges thereof, shall be distributed to any organization formed and operating to carry out the objects and purpose for which the Association was formed.
The Fiscal year of the Association shall begin on the first day of October of each year; membership year shall be from the first day of January of each year.
Whenever any notice is required to be given to any Member or Director of the Association under the provisions of these Bylaws, or under the provisions of the Articles of Incorporation, or the laws of the State of Nebraska, waiver thereof in writing, signed by the person entitled to such notices, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.
Roberts’ Rules of Order shall govern the proceedings of all Meetings of the Members and all Meetings of the Board of Directors.
These Bylaws may be amended, altered or repealed and new Bylaws may be adopted by the Board of Directors at any Regular or Special Meeting of the Board of Directors.
Upon the verification of the death of any Full, Regular, or Retired Member, the Secretary-Treasurer shall pay as a Death Benefit or Memorial such sum as has been fixed from time to time by the Board of Directors, to the beneficiary who has been named by the Member, provided however, no such Death Benefit or Memorial shall be paid at the Death of any Member who first became a Member after his fifty-fifth (55 th ) birthday and who had not been a Full, Regular, and/or Retired Member, or a combination thereof, for at least five (5) years. Provided, further, the amount of Death Benefit payable to the Beneficiary of any Full or Regular Member killed in the line of duty as a Law Enforcement Officer shall be fixed by the Board of Directors from time to time.
SECTION 1. There shall hereby be created a POAN Death Benefit Trust Account. Said account to be separate and distinct from the general accounts of the Association to provide for Death Benefits effective Oct. 1, 1994 .
SECTION 2. The Board of Directors shall from time to time set a percent of gross revenue from all membership dues and /or fundraising activities and cause the same to be deposited into the POAN Death Benefit Trust Account.
SECTION 3. Only Board of Directors approved withdrawals for Death Benefits may be withdrawn from the POAN Death Benefit Trust Account.
SECTION 4. In computing Death Benefits the Board of Directors shall consider the following.
1) Type of Membership.
2) Length of Membership.
3) Whether Line of Duty Death or not.
4) Trust Account Balance.
5) Projected Number of Benefits, averaged per year.
The Board of Directors shall establish a formula for computation of Death Benefits based upon the above criteria and may from time to time adjust or amend such formula.
SECTION 5. In the event the POAN Death Benefit and Trust Account Balance shall be depleted, no Death Benefits shall be available to the membership, wherein the membership shall waive all claims for benefits entitled herein through implied consent.
SECTION 6. The Board of Directors may at any time dissolve the POAN Death Benefit Trust Account. In such event a notice shall be required to be sent to all Full, Regular or Retired Members.
SECTION 7. The Death Benefit is not an insurance police bestowed upon Full, Regular or Retired Members and there is no contractual agreement directly or indirectly that such benefit will be paid to Members. POAN shall not establish a property interest or convey a property interest in the same to any member.
CHANGES TO THE Police Officer’s Association of Nebraska Bylaws.
January 24, 1992 Approved by Gary Spencer, President
October 25, 2000 Article II, Section 4. Delete “during the month of October of
each year.” Approved by Tim Mullen, President.
January 28, 2004 , Approved by James Peschong, President
October 4, 2009 , Article II, Section 1, Article IX, Section 1, 1A, & 5 Approved by the Board and President Don Dreyer .
ADMINISTRATIVE ASSISTANT (a/a)
The a/a shall be a part time salaried position with the Police Officer’s Association of Nebraska. The a/a shall serve at the will and be hired or discharged by the Board of Directors. The a/a will be directly responsible to the Secretary-Treasurer of the POAN and will be entitled to no benefits not included in this function description.
The duties and functions of the a/a shall include, but not be limited to:
(1) Maintain all POAN files and equipment.
(a) A roster of all paid members by number, name, department, position,
address, date of application, class of membership, and a current total
count of members.
(b) Minutes of board meetings.
(c) Communications to and from the POAN.
(d) Reports and filings as required by Federal, State, County, and City
laws to include 1099’s, unemployment tax and Corporation filings.
(e) Furnish a list of current members by name and department for
inclusion in the magazine, and addressee’s for mailings.
(f) Receive, file, send and bill orders for the POAN handbook and
maintain an account ledger.
(g) Maintain a yearly list of deceased members and amounts paid.
(h) Maintain a list of past and current inductees into the Law
Enforcement Hall of Fame and Officer of the Year.
(2) Check the postal sub-station three times a week, keep the Secretary-Treasurer
appraised of communications, bills, and of receipts to be deposited into the
(a) Maintain ledger of credits and debts of the general fund.
(b) Maintain ledger of credits and debits of the Memorial Benefit Fund.
(c) Maintain ledger of credits and debits of the savings account.
(d) Maintain a ledger of any loans owed by and payments made by the
(e) To reconcile each of the accounts monthly and inform the Secretary
(f) Maintain a running monthly combined total of the various accounts.
(3) Make deposits of any POAN funds within 48 working hours, excluding
weekends and holidays and to inform the Secretary-Treasurer of such income.
(a) Make checks for Secretary-Treasurer’s signature for payment of usual
expenses and those approved by the Board of Directors.
(b) Maintain files on income and expenses for audits and required filings.
(4) Receive phone calls and communications concerning POAN business such as
handbooks, death benefits, memberships and direct other inquiries or
communications to the appropriate chair or Secretary-Treasurer.
(5) On request of the then current President assist in the planning and functions
of the annual convention.
(a) The a/a shall be compensated with either a complimentary room or a
single room, registration fee, meals and mileage as directed by the Board of Directors.