BYLAWS OF THE COMMUNICATIONS POSSE
The members 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. The Executive Committee, as defined below (Sec 6.01), shall be designated as the Board of Directors of said 501(c)(3) Corporation.
ARTICLE I - MISSION
SECTION 1.01 - Mission Statement
As licensed radio operators the primary mission of this Posse will be to aid the Sheriff’s Office with public safety and emergency radio communications.
ARTICLE II - OFFICE
SECTION 2.01 The principal office of the corporation in the State of Arizona shall be located in the County of Maricopa. As is required by the Arizona Non-Profit Corporations Act, the corporation shall have and continuously maintain a registered office, and a registered agent whose office is identical with such registered office. The registered office may be, but need not be, identical with the personal residence of the current Commander of the Communications Posse. The registered Office will be determined annually by the Board of Directors and reported on Federal Form 990.
ARTICLE III - MEMBERSHIP
SECTION 3.01 - Qualifications
Membership in the Posse requires the applicant to be a United States citizen. Persons desiring to join the Posse must be approved by the Maricopa County Sheriff’s Office. Within one year of acceptance into the Communications Posse, members must hold a Amateur Radio License issued by the Federal Communications Commission (FCC).
SECTION 3.02 - Rights and Obligations of Members
a) Each member in good standing shall be entitled to vote on each matter voted on by the members.
b) Members are authorized to exercise law enforcement powers when and only when they are under the supervision of and at the direction of a Sworn Compensated or Sworn Reserve Deputy.
c) Any and all books and records and minutes of the Posse may be inspected by any member, or his or her agent or attorney for any purpose deemed proper and at any time deemed reasonable by a majority of the Executive Committee.
a) To maintain good standing, each member must: (i) pay dues in a timely fashion; (ii) attend at least eight (8) out of eleven (11) regular meetings during the calendar year; (iii) maintain an average of eight (8) hours Communications Posse related duty per month averaged over the preceding 12 months, (prorated for part-time Arizona residents); and (iv) maintain the training requirements of the Communications Posse.
b) If a response to a call-out unavoidably conflicts with meeting attendance, the member may be counted present provided prior permission has been given by the Commander.
c) Training sessions, whether or not they interfere with either duty or scheduled meetings, shall be counted as Posse-related duty.
d) If proposed by the Commander, rare exceptions regarding adherence to these requirements may be made by a majority vote of the ExecutiveIf the committee’s vote results in the expulsion of the member, the member may then choose to appeal the decision at an annual, business or special meeting of the Communications Posse. He or she maybe reinstated by a two-thirds (2/3) vote of the members present and in good standing at that meeting.
e) Members who are FCC licensed operators must provide the Training Officer with a copy of their most current FCC operator/station license(s).
f) Qualified Armed Possemen must submit to the Training Officer a copy of their QAP Red Card, and Sworn Reserve deputies a copy of their Arizona POST Certification.
g) Members must abide by the Federal Communications Commission Rules governing the license(s) under which they operate.
h) Members must adhere to all policies and procedures in effect by the Maricopa County Sheriff's Office.
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 Communications Posse may be terminated as follows:
a) Whenever the member, in the judgment of the Executive Committee, ceases to possess the qualifications for membership specified in Section 3.01,
b) By failure to maintain good standing as defined in Section 3.02,
c) By resignation.
d) By Expulsion for Cause: Members who refuse to comply with these Bylaws 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. If the expelled member then chooses, he may appeal to the members, which includes the Executive Committee, and be reinstated by a 2/3 ballot vote.
e) If the Sheriff deems it necessary to terminate the membership for any reason.
Unless the member is transferring to another posse, termination for any reason requires the member to surrender to the Executive Committee his or her MCSO badge(s) (except as specified in Section 4.04 when MCSO policy allows retention), identification card, QAP red card, county driver’s license, vehicle emblems, and anything that is the property of the MCSO Communications Posse.
SECTION 3.04 - Transfer of Membership/Multiple Memberships
The Communications Posse shall not restrict members from joining or participating with other Posses that are affiliated with the Maricopa County Sheriff's Office. Members may join other Posses providing they remain able to maintain the membership and duty requirements of the Communications Posse. Members of other Posses may join the Communications Posse provided they meet the requirements and perform the obligations thereof.
Members wishing to transfer into or out of the Communications Posse and revoke their membership in this or their previous posse shall follow whatever procedure is then specified by the Sheriff's Office.
ARTICLE IV - MEMBERSHIP DUES AND ASSESSMENTS
SECTION 4.01 - Dues and Assessments
Dues are recommended by the officers of the Posse and approved by a vote of the general membership. Members who fail to pay dues shall be removed from the Communications Posse rolls.
SECTION 4.02 - Yearly Dues
Prorated dues shall be payable upon acceptance to the Posse. Annually thereafter, dues become due on January first.
SECTION 4.03 - Failure to Pay
Members who fail to pay prorated dues within 60 days of acceptance to the Posse, or annual dues by March first of each succeeding year, shall be suspended from membership, and if such delinquency continues beyond 90 days from acceptance or April first of a succeeding year, shall be terminated from membership in the Communications Posse. The names of members more than 30 days delinquent shall be read by the Treasurer at each monthly meeting.
SECTION 4.04 - Leaving the Posse
Badges are the property of the Maricopa County Sheriff’s Office and the Communications Posse. Members leaving the Posse may opt to return their badges or, when permitted by MCSO policy, to keep them, mounted on a plaque, as a memento. If the badge is returned, the deposit will be refunded to the member. If retained as a memento, the badge must be mounted according to Sheriff’s Office directives in force at that time and the badge deposit will be retained by the posse.
Identification Cards are the Property of the Maricopa County Sheriff's Office and must be returned a) at the request of the Sheriff or one of his designated officers; b) at the request of an officer of the Communications Posse.
Membership costs, fees, and dues are non-refundable.
ARTICLE V - MEMBERSHIP MEETINGS
SECTION 5.01 - Annual Meeting
The Annual Meeting of the membership shall be held in Maricopa County, State of Arizona, during the month of November. The election of officers shall be conducted at this meeting. Officers elected at that meeting shall be sworn in and assume their duties at the following January Business Meeting. The day, time and place of the Annual Meeting shall be published in the Posse newsletter or posted on an electronic bulletin board or other method in effect at the time. Any change in the day or time shall be communicated to the members in good standing at least seven (7) days before the meeting by telephone, US mail, or electronic mail.
SECTION 5.02 - Special Meetings
Special Meetings may be held when called by the Commander or a majority of the Executive Committee. A special meeting shall be held if at least ten percent of the members in good standing deliver a signed and dated written demand to any member of the Executive Committee describing the purpose of the meeting. If the Special Meeting is called for the purpose of special election of officers, a Nominating Committee shall be appointed and the election shall not take place until at least thirty (30) days have been provided for the submission of nominations by the members. Members in good standing shall be notified of the date, time and place of each Special Meeting at least seven (7) days before the meeting date.
SECTION 5.03 - Business Meetings
The Business Meetings of the Posse shall be held on a day of the month determined by the Executive Committee at a place designated by the Commander. The day of the regularly occurring monthly meeting shall be published in the Posse newsletter or posted on an electronic bulletin board or other method in effect at the time. Any change in the day or time shall be communicated to the members in good standing at least seven (7) days before the meeting by telephone, US mail, or electronic mail.
ARTICLE VI - EXECUTIVE COMMITTEE
SECTION 6.01 - Membership
a) Membership: All elected officers, along with the immediate past Commander of the Communications Posse shall serve as voting members of the Executive Committee. This committee will also serve as the Board of Directors of the Communications Posse 501(c)(3) non-profit corporation.
b) At a minimum, elected officers shall include, Commander, Executive Officer, Training Officer, Treasurer and Secretary.
SECTION 6.02 - Meetings of the Executive Committee
Meetings of the Executive Committee shall be held at times and places determined by the Commander. In the absence of the Commander, the dates, times and places of meetings may be established by three (3) members of the Executive Committee. The secretary must give notice to each Executive Committee member of the date, time and place of meetings at least two days prior to the meeting. In the case of regularly scheduled meetings, specific notice may be omitted after the first in an unchanging series.
SECTION 6.03 - Vacancies
In the event of any vacancy on the Executive Committee, other than the post of Commander, all the remaining elected members of the Executive Committee may, by majority vote, fill the position. The one so elected shall serve, with voting privileges, until a successor is duly elected by the membership at the next Annual Meeting.
SECTION 6.04 - Line of Succession
The Order of Succession for the position of Commander shall be as follows: Executive Officer, Training Officer, Treasurer, and Secretary. Members elected to fill any Officer vacancies shall be placed within the line of succession from the moment of election.
If no officer in the line of succession is willing and able to become Commander for the remainder of the term, the Executive Committee shall accept nominations for a period of not less than thirty (30) days, following which an election shall be held at the next subsequent Business Meeting. The Commander thus elected shall serve until the next regular election at the Annual Meeting.
SECTION 6.05 - Powers and Duties of the Executive Committee
a) The Executive Committee shall have the power to conduct the business affairs of the Posse; to establish, adopt, and revise posse rules and regulations; and to delegate limited authority to individual officers and others, to carry out the day-to-day operations of the organization. The Posse shall have the power to solicit and to receive by gift or donation, all classes of property, real, personal, or mixed and of every kind and character for the maintenance and continuance of any of the purposes of the Posse. The Executive Committee may accept on behalf of the corporation any contribution, gift, bequest or device for the general purposes or for any special purpose of the corporation.
b) Additional officers, and therefore voting members of the Executive Committee, may be created by a 2/3 vote of the membership at any Business Meeting.
ARTICLE VII - OFFICERS
SECTION 7.01 - Number
There shall be no fewer than five (5) officers in the Communications Posse. Additional officer positions may be added at any Business Meeting by a vote of two-thirds (2/3) of the members present at the meeting. Any Officer positions that are created by the members at a Business Meeting shall be voting positions on the Executive Committee from the time of their swearing in. Officer positions created by the process defined in this section may be removed by the same process should they become redundant.
SECTION 7.02 - Term of Office
Officers, and therefore Members of the Executive Committee, shall be elected for the term of one (1) year, and may be re-elected to the same office for total of three consecutive terms. In the case where there is no other candidate for a given office the three-year term limit shall be waived. The term of office for members of the Executive Committee elected in November shall begin the following January First. The term of a member elected to fill a vacancy, or the term of a position created at a time other than the annual election meeting, shall end at the January Business Meeting following the next November election.
SECTION 7.03 - Nomination and Election of Officers
a) No fewer than sixty (60) days prior to the November general meeting, the Commander shall appoint a nominating committee and a committee chairman (as specified in Section 8.01) to collect nominations for Commander, Executive Officer, Training Officer, Treasurer and Secretary. The committee shall accept nominations from the membership and nominations shall be accepted from the floor at the Annual Meeting.
b) Voting shall be by secret ballot unless the nominee for a position is unopposed, in which case that candidate may be elected by voice vote of the members present. In the event that three (3) or more members are nominated for any position, and none of them earns forty percent (40%) or more of all votes cast, a runoff election shall be held between the two (2) that have the most votes. In the event of any tie not broken after three ballots, the winner shall be determined by a majority show-of-hands vote by the current Executive Committee.
SECTION 7.04 - Duties of Officers
a) The Commander shall preside at all meetings of the Communications Posse and the Executive Committee. He may conduct the normal, day-to-day business of the Posse and may authorize expenditures up to one hundred dollars ($100.00) without Executive Committee approval. The Commander may delegate such authority as is necessary for the conduct of Posse business.
b) The Executive officer shall have such powers and perform such duties as may be delegated by the Commander. In the absence of the Commander, the Executive Officer shall perform the duties and exercise the powers of Commander.
c) The Training Officer shall be responsible for coordinating and recording the training of the members, in order to meet MCSO training requirements. All training requests shall be made through the Training Officer unless he or she specifies otherwise. The Training Officer is responsible for maintaining the Members File.
d) The Secretary shall keep minutes of all official meetings and proceedings of both the membership and the Executive Committee, shall be responsible for sending out notices required by these bylaws, and shall have charge of all books and records of the Posse with exception of financial documents. The Secretary shall submit a periodic report on the activities of the Communications Posse to the Maricopa County Sheriff's Office, in the manner required by that office.
e) The Treasurer shall have custody of all financial records and funds of the Communications Posse, and shall maintain accurate records of all accounts. He or she shall maintain clear records of income and expenditures, and shall present periodic financial reports to the membership, at the direction of the Commander and/or the Executive Committee. 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.
ARTICLE VIII - COMMITTEES
SECTION 8.01 - Appointment of Committees
The Commander, with the approval of a majority of the Executive Committee shall appoint such standing and ad hoc committees, other than the Executive Committee, as deemed necessary to the proper conduct of the Communications Posse.
ARTICLE IX - SPECIAL RULES GOVERNING MEMBERS
SECTION 9.01 - Clothing and Personal Equipment
Each active member of the Communications Posse shall own or have at his or her disposal sufficient clothing and personal equipment to perform the duties of the Communications Posse for which he or she volunteers.
SECTION 9.02 - Clothing and Uniforms / Duty
What is an acceptable uniform for any Communications Posse duty shall be determined by the Policy and Guidelines of the MCSO. Members responding to perform a given duty must comply with the uniform requirement specified by the MCSO in the request for volunteers.
SECTION 9.03 - Leaves of Absence
If for any reason members need 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. Pertinent correspondence will be placed in the Member’s File and the member will be taken off of the active roster until able to continue active duty. There is a one-year time limit for a leave of absence, and members who are on leave must maintain their membership dues. Members who are on a leave of absence are required to turn in their badges and Identification Cards at the beginning of the leave of absences. Badges and Identification Cards will be reissued by the Commander upon the member’s return from a leave of absence.
ARTICLE X - AMENDMENT OF BYLAWS
SECTION 10.01 - Amendment
These bylaws may be amended by the affirmative vote of two-thirds (2/3) of the members in good standing present at any regular or special meeting of the Communications Posse membership.
SECTION 10.02 - Procedures for Amendment
To amend these bylaws, a copy of the proposed change must be presented to each member in good standing at least seven (7) days prior to the meeting in which these matters will be discussed and considered for adoption. At the meeting at which an amendment is on the floor for a vote, the amendment may be modified by a majority of members present and in good standing.
ARTICLE XI - INCOME, ASSETS, AND EXPENDITURES
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 than those permitted to be carried on: (A) by an 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 (B) 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 11.02 - Expenditures
Expenditures greater than One Hundred Dollars ($100.00) require approval by a majority of the Executive Committee. Expenditures of more than One Thousand Dollars ($1000.00) require the approval of two-thirds (2/3) of the general membership at any Business, Special of Annual meeting.
In the event of an emergency, the Commander or a majority 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.
ARTICLE XII - DISSOLUTION OF THE ORGANIZATION
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 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 XIII - PROHIBITIONS ARTICLE
SECTION 13.01 - 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 in uniform, on duty, or purporting to speak for this organization, 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.
ARTICLE XIV - RULES OF ORDER
Any duly authorized member presiding at any meeting of the Communications Posse may conduct the meeting according to a simplified and common-sense version of parliamentary procedure. But if a member in good standing at any meeting makes the request, Roberts Rules of Order, current edition, shall serve as the parliamentary authority of the Posse for all rules and procedures unless these bylaws specifically differ.
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..."
October 27, 2011 - Revision of the bylaws to add wording about compliance with policies GC-19 and GC-20, and to take the Law and Legal class in person if possible.
March 2013 – Complete revision of Bylaws.