The membership do hereby voluntarily join themselves for the purpose of establishing a not-for-profit organization, which shall be named the MARICOPA COUNTY SHERIFF'S COMMUNICATIONS POSSE, INC.

SECTION 1.01 - Mission Statement

The mission of this organization shall be as follows: To assist and cooperate with the Maricopa County Sheriff's Office in the maintenance of peace, law, and order within the County of Maricopa, State of Arizona, and at any time and in any manner as and when requested to do so; to be public spirited; to promote good fellowship, and to do so within the laws of the United States and State of Arizona. As licensed amateur radio operators the primary mission will be to aid in radio communications.

SECTION 2.01 - Office

The office of the Posse shall be located in Maricopa County, State of Arizona.

SECTION 3.01 - Qualifications

Membership in the Posse shall be confined to United States Citizens who are residents of the State of Arizona and have good moral character. Each member must pledge allegiance to the Constitution and Laws of the United States of America and of the State of Arizona. Persons desiring to join the Posse shall make applications in such form and manner as may be determined by the Sheriff's Office. The purpose of the Posse is to assist the Sheriff's Office in Public Safety Communications. Members must submit written documentation of their status as an Amateur Radio Operator and/or as a licensed Commercial Radiotelephone Operator. If a new member does not have a FCC radio license, that new member must obtain an applicable radio license within one year of membership.

SECTION 3.02 - Rights and Obligations of Members

Rights:

All members in good standing shall be entitled to vote on all matters at all regular or special meetings. Good standing relates to: (a) dues paid per current year; (b) attend at least eight (8) out of twelve (12) regular meetings during the current year; (c) maintain an average of eight (8) hours Posse related duty per month averaged over the past year - See Section 9.04; (d) purchase a Class B uniform within one (1) year of joining the Posse.

Obligations:

Members who are duly licensed as an Amateur Radio Operator by the Federal Communications Commission must provide the Executive Committee a copy of their operator/station license.

Any Member who has a current Commercial Radiotelephone license must provide a copy of such license to the Executive Committee.

Any Member who is a Qualified Armed Posseman or Sworn Reserve Deputy must submit proof of qualifications for Membership Records. Qualified Armed Posseman must submit a copy of their QAP Red Card, both front and back. Sworn Reserve deputies must submit a copy of their Arizona POST Certification.

Members who are Possemen are not granted any law enforcement powers except when they are under supervision of a Sworn Compensated or Sworn Reserve Deputy.

All Amateur Radio Licensed Members agree to abide by the rules set forth by the Federal Communications Commission in Part 97, which governs all radio transmission made by a licensed amateur operator.

Failure to comply with these sections may subject the Member to termination under Section 3.03 of the bylaws.

SECTION 3.03 - Termination of Membership

Membership in the Posse may be terminated as follows:

a) Whenever the member ceases to possess the qualifications for membership, and the Executive Committee shall have adopted a resolution determining such disqualification:

b) By resignation

c) By Expulsion for Cause: Members who refuse to observe and comply with these Bylaws or the rules and regulations promulgated hereunder, or who shall conduct themselves in such a manner as to bring discredit to the Posse and the Sheriff's Office, may be expelled after a hearing, by the majority vote by the Executive Committee of the Posse. Should a member be an officer of the Posse, expulsion may be effected only upon by a 2/3 vote of the Posse membership.

d) If the Sheriff or one of his designated officers deems it necessary to terminate the membership for any reason.

SECTION 3.04 - Transfer of Membership/Multiple Memberships

The Communications Posse shall not restrict you in joining or participating with other Posses that are affiliated with the Maricopa County Sheriff's Office. You may join other Posses providing you are able to meet the membership and duty requirements of the Communications Posse. To maintain auxiliary membership with the Communications Posse you must remain a member in good standing in accordance with Section 3.02.

Those members wishing to transfer into the Communications Posse and revoke or maintain their membership in their previous Posse shall follow the procedure dictated by the Sheriff's Office at that time.

Providing your membership was in good standing, you do not have to submit to any reapplication process to join any other Posse, or transfer your current membership over to the Communications Posse.

SECTION 4.01 - Dues and Assessments

Dues are determined by the officers of the Posse. Those who do not meet these responsibilities shall be terminated. Dues are recommended by the officers of the Posse and approved by a vote of the general membership.

SECTION 4.02 - Yearly Dues

Yearly dues shall be payable upon acceptance to the Posse and yearly thereafter on or before January 1 of each year.

SECTION 4.03 - Failure to Pay

Any member who fails to pay any dues or assessments within 60 days after the due date shall be suspended from membership, and if such delinquency continues beyond 90 days from the due date such member may be dropped from membership. The Secretary shall monitor the dues payments.

SECTION 4.04 - Leaving the Posse

Any members leaving the Posse must return their badges. If a member would like to keep his/her badge, it must be mounted at the owner's expense based on current MCSO policy that permits keeping the badge. Badges are the property of the Posse and costs for the badges will be refunded upon termination of the membership. Identification Cards are the Property of the Maricopa County Sheriff's Office and must be returned at the request of the Sheriff or one of his designated officers; at the request of an officer of the Communications Posse; or at the Termination of your membership.

Membership costs, fees, and dues are non-refundable. Badges are the property of the Maricopa County Sheriff's Office and the Communications Posse.

SECTION 5.01 - Annual Meeting

The annual meeting of the membership shall be held in Maricopa County, State of Arizona, at the last required business meeting as determined by the Executive Committee. The election of officers shall be conducted at this meeting. The officers elected at that meeting shall assume their duties following the election.

SECTION 5.02 - Special Meetings

Special Meetings for any purpose whatsoever may be held when called by the Commander and/or the Majority of the Executive officers.

SECTION 5.03 - Business Meetings

The Business Meetings of the Posse shall be held on a day as determined by the Executive Committee at a place as may be designated by the Commander. The day of the meeting shall be published in the Posse newsletter, or posted on an electronic bulletin board or other method in effect at the time, each month and any change will be communicated to the membership at least seven (7) days before the meeting. Communication shall be by telephone, US mail, or electronic mail.

SECTION 5.04 - Notice of Meetings

No notice shall be given for any of the annual or regular business meetings. Members shall be notified of any special meeting (see Section 5.03).

SECTION 6.01 - Number, Qualification, and Powers

a) The Executive Committee shall be vested with the power to conduct the business affairs of the Posse; to establish, adopt, and revise rules and regulations governing the same; and to delegate limited authority to individual officers and others, to carry out the day-to-day operations of the organization.

b) The Executive Committee shall consist of not less than five (5) who shall be determined and elected with the powers and duties set out in Article VII.

c) Officers Appointed to the Executive Committee by the Commander shall serve without voting privileges on matters coming before the Executive Committee. Officer positions created by a vote of the membership under Section 7.01 shall have voting privileges and shall be considered an amendment to Section 7.03.

SECTION 6.02 - Notice of Special Meetings

The Secretary must give notice to each Executive Committee member at least three (3) days prior to such meetings.

SECTION 6.03 - Vacancies

In the event of any vacancy on the Executive Committee, other than the posts of Commander or Executive Officer(s), the remaining elected members of the Executive Committee, although less than a quorum, may be affirmative vote of a majority thereof, fill the same such appointee to serve until a successor is duly elected. The member appointed will serve with voting privileges.

SECTION 6.03a - Line of Succession

The Order of Succession shall be as follows: Commander, (Executive Officer(s), Training Officer, Treasurer, and Secretary. Any appointees to fill any vacancies shall automatically be placed within the line of succession without regard to length of term.

SECTION 6.04 - Powers and Duties of the Executive Committee

The elected Executive Committee, subject to the provisions of these Bylaws, shall have the authority to:

a) Prescribe and pass upon qualifications and requirements for membership

b) Adopt, amend and rescind such equitable, just and uniform rules, policies, and regulations as they deem necessary and desirable for the proper control of the business and affairs of the Posse and the conduct of the members thereof, and to prescribe penalties for the breach of such rules and regulations.

SECTION 7.01 - Designation

The officers of the Posse shall not be less than five (5) members. Additional officer positions may be added at any time by no less than two-thirds (2/3) of the members during any meeting, and any Officer positions that are created under any meeting shall be a voting position upon the time of creation by the membership. The commander of the Posse can, under special consideration, create an officer position that is non-voting until the next general election, as to which time that position will be a permanent voting position.

SECTION 7.02 - Term of Office

Members of the Executive Committee shall be elected for the term of one (1) year, but may be re-elected. The term of office for newly elected members of the Executive Committee shall begin following their election. Members of the Executive Committee may be re-elected at the wishes of the membership. Any member that is appointed to fill a vacancy or a newly created position shall have their term end at the time of any regular election.

SECTION 7.03 - Description of Officers

The elected officers of the Communications Posse shall be Commander, Executive Officer(s), Training Officer, Secretary, and Treasurer. The line of elected officers can be amended and added to at any regular meeting, but cannot be reduced below the five named positions.

SECTION 7.04 - Election of Officers

No less than sixty (60) days prior to the annual meeting, the Commander shall appoint a committee and a committee chairman (see Section 8.01) that will present a slate of officer candidates to the membership at the annual meeting. Provisions shall be made at the annual meeting for additional nominations from the floor. Voting shall be by secret ballot unless the slate of the nominating committee is unopposed, in which case the slate may be elected by majority voice vote by the members present. In the event that three (3) or more members are nominated for any position, and none of them have a clear majority of over forty percent (40%) of all votes cast, a runoff election shall be held between the two (2) that have the most votes at the end of all votes cast. In the event of any unbreakable tie, the winner shall be determined by voice vote by the current Executive Committee.

SECTION 7.05 - Executive Committee

The elected officers, along with the immediate past Commander of the Communications Posse, shall constitute the Executive Committee, which shall function as the Board of Directors for the Communications Posse. The Executive Committee will be responsible for day-to-day operations of the Posse and shall determine policies and procedures of the Posse, with the approval of the membership and within the provisions of the bylaws, and the laws of the State of Arizona.

SECTION 7.06 - Meetings of the Executive Committee

Meetings of the Executive Committee shall be held at the discretion of the Commander and at a time and place of the Commander's selection. In the absence of the Commander, meetings of the committee may be held with the agreement of three (3) members of the committee, with notice given to all members within three (3) days of the meeting.

SECTION 7.07 - Duties of Officers

A) The Commander shall preside at all meetings of the Communications Posse and the Executive Committee. He or she shall conduct the normal and regular business of the Posse and shall delegate such authority as is necessary to that purpose. This position carries the Posse rank of Captain. Past Commanders carry the Posse rank of Captain Emeritus.

In the event that the office of Commander is vacant, the Executive Officer(s) will assume the duties and become Commander until the next regular election.

When the office of Executive Officer(s) is vacant during a regular term of office, the Executive Committee will follow the line of succession named in Section 6.03a and name an Executive Officer(s) to assume the duties of that office until the next regular election.

The Executive Committee may also fill any other office vacancy (except that of Posse Commander) deemed necessary to fulfill the obligations of the Posse.

B) The Executive officer(s) shall have such powers and perform such duties as may be delegated to him or her by the Commander. In the absence of the Commander, the Lieutenant shall perform and exercise the powers of Commander. The Executive Officer(s) shall be responsible for maintaining the records of the Posse. This position carries the Posse rank of Lieutenant.

C) The Training Officer shall have such powers and perform such duties as may be delegated to him or her by the Commander. In addition, the Training Officer shall be responsible for the training coordination of the Posse for its members to meet current training requirements. All training requests shall be made through the Training Officer. This position carries the Posse rank of Lieutenant.

D) The Secretary shall keep minutes of all meetings of both the membership and the Executive Committee, shall be responsible for sending out notices required by these bylaws, shall have charge of all books and records of the Posse with exception of financial matters, and shall perform any other functions that come under the jurisdictions of secretaries. The Secretary shall also submit a monthly report on the activities of the Posse to the Maricopa County Sheriff's Office in the manner required by that office. This position carries the Posse rank of Lieutenant.

E) The Treasurer shall have custody of all financial records and funds of the Communications Posse, and shall maintain accurate records of such funds in checking accounts, savings accounts, or other investments. He or she shall maintain clear records of expenditures and income, and shall present periodic financial reports at the direction of the Commander and/or the Executive Committee to the membership. The Executive Committee shall have a total amount ceiling of One Thousand Dollars ($1000.00 US) per check that they can disburse without the approval of two-thirds (2/3) of the membership per Section 13.02 of these bylaws. The Treasurer shall submit his or her records to an ad hoc auditing committee at the request of the Commander, or at the request of two-thirds (2/3) of the members at any regular meeting. This position carries the Posse rank of Lieutenant.

SECTION 8.01 - Appointment of Committees

The Commander and Executive Committee shall appoint such standing and ad hoc committees as they deem necessary to the proper conduct of the Communications Posse, and shall name a chairman to each of the committees, and shall hold the Chairman responsible for the prompt and competent function of that committee.

SECTION 8.02 - Standing Committees

The Commander and Executive Committee may at their discretion appoint standing committees. Additional standing or ad hoc committees may be formed at the Commander's discretion.

Committee chairs will hold the Posse rank of Sergeant. The chair may appoint a vice chair with the Posse rank of Corporal.

SECTION 9.01 -Clothing and Personal Equipment

Each active member of the Communications Posse shall own, control, or have at his or her disposal all clothing and personal equipment required to perform the duties within the Communications Posse. Failure to comply may subject the member to termination under Section 3.03 of these bylaws.

SECTION 9.02 - Clothing and Uniforms / Duty

The Sheriff's Office Policy and Guidelines will determine what an acceptable uniform is. The form of dress for a given duty may be determined by the Sheriff's Office at the time of the duty.

SECTION 9.03 - Calls for Duty

Members of the Communications Posse may be called out by the Maricopa County Sheriff's Office for civic, public, emergency, or law enforcement affairs as deemed necessary.

SECTION 9.03a - Qualifying Duty Shift - Definition

A Qualifying duty shift consists of calls for duty by a sworn member of the Sheriffs Office for a specific mission, or for a specific project that has been planned by the Posse as a group.

SECTION 9.04 - Minimum Performance

Members of the Communications Posse must maintain an average of eight (8) hours Posse related duty per month averaged over the past year, and attend a minimum of eight (8) out of the regular twelve (12) meetings, unless properly excused by the Commander or the Executive Committee. Your duty should not conflict with any meetings. If your duty interferes and conflicts with any meetings, you shall be counted as present at that meeting, providing you have notified and have received permission from the Commander.

Training sessions that interfere with either duty or scheduled meetings will not affect your requirements for minimum performance.

These requirements can be subject to change and exception by the Commander, or by the Executive Committee, on a case-by-case basis.

Failure to comply with duty requirements may subject the member to termination under Section 3.03 of these bylaws.

SECTION 9.05 - Leaves of Absence

If for any reason that a member needs to have time away from their responsibilities with the Posse, the member must notify the Executive Committee in writing as soon as the member is aware of the conflict. Any correspondence will be placed in your file and you will be taken off of the active roster until you are able to continue active duty. There is a one-year time limit for a leave of absence, and members who are on leave must at least maintain their membership dues. Members who are on a leave of absence are exempt from all meetings except the annual general meeting. Members who are on a leave of absence are required to turn in their badges and Identification Cards upon taking the leave of absences, and their badges and Identification Cards will be reissued by the Commander upon returning from a leave of absence.

SECTION 10.01 - Required Training

All members of the Communications Posse must have the following training as a minimum to maintain their status as a member in good standing. Required Courses are determined by the Training Department of the Sheriff's Office, and the Training Department can change the following requirements at any given time.

Required Training at the time of this writing is as follows:

• Law and Legal
• Radio Procedures
• First Aid Procedures/Emergency First Care
• Traffic Control
• Bloodborne Pathogens

Members of the Communications Posse who wish to become Qualified Armed Possemen must conform to the training regulations and guidelines set by the Training Department of the Sheriff's Office. Current Qualified Armed Possemen must conform to all re-qualifications as required by the Maricopa County Sheriff's Office Training Department.

It is the responsibility of the individual Posseman to make sure that their training and requirements are current for any item that they are qualified for.

Members who wish to carry items such as Stun Guns, Handcuffs, Oleoresin Capsicum Spray (OC), and other items must take the necessary classes per MCSO policy before carrying these items on their duty belts. Notification of qualification must be made to the current Training Officer by the Sheriff's Office Training Department before you are allowed to wear these items on duty.

Any Member who, by observation by either a sworn officer, a member of the MCSO Training Department, or by the Training Officer, seems to have lost competency and proficiency in an item or items that the member has had previous training for through MCSO, may be required to retake that course of training.

SECTION 11.01 - Commanders' Orders

Procedural rules of the Communications Posse shall be prepared as "Commander's Orders" and shall be listed in writing, by number, approved by the Executive Committee, and drafted conforming to these bylaws and the General and Special Orders issued by the Maricopa County Sheriff's Office. Commander's Orders shall be reviewed every twelve (12) months.

SECTION 12.01 - Amendment

These bylaws may be amended by the affirmative vote of two-thirds (2/3) of the members present at any regular or special meeting of the Communications Posse membership.

SECTION 12.02 - Procedures for Amendment

To amend these bylaws, a copy of the proposed change must be approved by the Executive Committee and presented to each active member at least seven (7) days prior to the meeting in which these matters will be discussed and considered for adoption. At that meeting any proposed amendment may be modified by an affirmative vote of a majority of members present prior to consideration of adoption of the amendment and approved by the Maricopa County Sheriff's Office.

SECTION 13.01

No part of the net earnings or donations to this volunteer non-profit organization shall inure to the benefit of, or be distributed to, its members, trustees, governors, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the exempt portions herein.

Notwithstanding any other provisions of these articles, the organization shall not carry on any other activities not permitted to be carried on (a) by any organization exempt for Federal Income Tax under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or (by an organization, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954) or (The corresponding provision of any future United States Internal Revenue Law).

SECTION 13.02 - Expenditures

The Executive Committee will be limited to spending One Thousand Dollars ($1000.00 US), whether for purchases or expenditures. If the amount is greater than One Thousand Dollars, the purchase or expenditure must be brought before the membership at a regularly scheduled meeting and passed by a two-thirds (2/3) vote.

In the event of an emergency, the Commander or a Quorum of Officers in the Executive Committee is authorized to exceed the limit set above but must make a full report to the membership at the next regularly scheduled meeting.

No Communications Posse member, except those stated above, may enter into agreement, contract, or promise to pay for products and/or services unless specifically directed by the Commander.

SECTION 14.01

Upon the dissolution of the organization, the Executive Committee, acting in its capacity as the Board of Directors, shall, after paying or making provisions for payment of all the liabilities of the organization, dispose of all assets of the organization to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the Executive Committee, acting in its capacity as the Board of Directors, shall determine.

ARTICLE 15.01 - Political Activity Prohibited

This organization as such shall not attempt to influence legislation of the United States Congress, any State Legislature, or any local council or similar governing body in any manner. Furthermore, this organization shall not attempt to influence the public in a referendum, initiative, constitutional amendment, or similar procedure. This organization as such shall not participate or intervene, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office in any manner whatsoever.

No member while on duty, shall attempt to influence any of the aforementioned groups, directly or indirectly.

Individual members of this organization may pursue their own political activity in any legal manner available to them. They shall not, however, present themselves as official representatives of this organization or the Maricopa County Sheriff's Office with regard to any political position, candidate, or issue.

Failure to comply with these sections may subject the member to termination under Section 3.03 of these bylaws.

REVISION HISTORY

April 1996 - Section 5.01 and 5.03 revised to give the Executive Committee the power to set the meeting date and the annual meeting date.

May 2000 - Complete revision of the bylaws.

Re-typed by Bonnie Osborne on 10-13-2002 from 2000 Revisions

January 2004 - Formatted in HTML, revisions marked, issued for review and comment.

March 17, 2004 - Revision of the bylaws unanimously approved by members attending the March monthly meeting.

June 16, 2004 - Revision of the bylaws unanimously approved by members attending the June monthly meeting.

July 21, 2004 - Revision of the bylaws to change "Training Lieutenant" to "Training Officer" and "Executive Officer (Lieutenant)" to "Executive Officer(s)" and to eliminate some awkward wording in the first sentence "The membership do hereby voluntarily..."