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CARII Constitution & Bylaws CONSTITUTION OF THE CALIFORNIA ASSOCIATION OF REGULATORY INVESTIGATORS AND INSPECTORS (Amended As ratified 5/16/05)
ARTICLE I – Name This Association shall be known as the California Association of Regulatory Investigators and Inspectors, hereinafter referred to as "CARII". ARTICLE II – Mission SECTION 1: The mission of CARII shall be to represent and promote the professionalism, economic interest, training goals, objectives and standards; to represent the members of CARII in all matters of wages, hours and conditions of employment; to encourage among the members a closer personal acquaintance and a spirit of mutual cooperation; to standardize procedures and disseminate information in order to develop a high level of efficiency, thereby improving our ability to serve and protect the people of California. SECTION 2: CARII shall seek and maintain agreements and/or relations with organizations and associations with similar purposes, goals and principles, and to interest itself in any matter, and take what measures as may be necessary and in the best interest of CARII and its membership. ARTICLE III – Membership SECTION 1: Regular Membership shall be of rank and file members of the public safety employees of Bargaining Unit 7, (hereinafter referred to as "Unit 7") as determined by the Public Employee Relations Board. SECTION 2: Associate membership shall be limited to designated management and supervisory personnel. ARTICLE IV – Dues SECTION 1: The dues of CARII shall be set as specified in the CARII Bylaws, (hereinafter referred to as the "Bylaws"), for regular and associate members. ARTICLE V – Organizational Structure SECTION 1: CARII as an independent entity represents its members as an Affiliate of CAUSE Statewide Law Enforcement Association (hereinafter referred to as "CAUSE"). Board members are elected by the membership of CARII as specified in the Bylaws to govern and direct CARII. SECTION 2: Board meetings shall be held as specified in the Bylaws. A majority of the Board shall constitute a quorum to conduct business. SECTION 3: The Board by a two-thirds (2/3) vote may establish or modify the Bylaws. The Bylaws shall not be inconsistent with this Constitution (or with the Constitution or Standing Rules of CAUSE). SECTION 4: The President shall vote only to break a tie, except in votes requiring a two-thirds (2/3) majority, in which case the President can vote. SECTION 5: The Board may appoint Board members to fill vacancies for the unexpired term as specified in the Bylaws. SECTION 6: The Board elects Officers through popular vote of the Board from candidates of the Board. ARTICLE VI – Officers SECTION 1: The Officers shall be President, Vice President, Treasurer, Secretary, and others as required, as specified in the Bylaws. SECTION 2: The Officers shall be elected to serve a two (2) year term or until their successors are elected. The Officers duties are specified in the Bylaws. SECTION 3: In the absence of the President, the Vice President shall assume the duties of the President as specified in the Bylaws. In the absence of the President and Vice President, the Secretary shall assume the duties of the President as specified in the Bylaws. In the absence of the President, Vice President, and Secretary, the Treasurer shall assume the duties of the President as specified in the Bylaws. SECTION 4: An Officer may be removed from office by a two-thirds (2/3) vote of the Board as specified in the Bylaws.
ARTICLE VII – Amendments SECTION 1: This Constitution may be amended by a two-thirds (2/3) vote of the Board, provided the amendment has been submitted in writing at least thirty (30) days prior to the meeting. SECTION 2: This Constitution may also be amended by a two-thirds (2/3) vote of the total CARII membership as specified in the Bylaws. SECTION 3: Amendments to this Constitution become effective upon adoption unless otherwise provided in the amendment. SECTION 4: No provision of this Constitution, including amendments hereto, shall abrogate or be inconsistent with any part of the CAUSE Constitution or Standing Rules. CALIFORNIA ASSOCIATION OF REGULATORY INVESTIGATORS AND INSPECTORS BYLAWS (Amended as ratified 5/16/05)
Chapter 1 – Name The CARII name and logo shall not be used by any person or entity without authorization of a two-thirds (2/3) vote of the CARII Board of Directors (hereinafter "Board"). Chapter 2 – Mission Officers and Board members shall, to the best of their ability, perform the duties described in these Bylaws. Chapter 3 – Members
A. Regular members of CARII shall consist of State of California employees who are in the following Bargaining Unit 7 job classifications:
B. The Board by two-thirds vote and concurrence with the CAUSE Statewide Law Enforcement Association (hereinafter "CAUSE") Board of Directors shall have the right to add or remove job classifications within Bargaining Unit 7 to CARII. Chapter 4 – Dues The dues for each regular and associate members of CARII shall be $4.75 per month. The Board has the authority within the limits provided by the CAUSE and CARII Constitutions to change the CARII dues structure by a two-thirds (2/3) vote. Chapter 5 – Organizational Structure A. CARII is a non-profit California Corporation comprised of members who are State employees within Bargaining Unit 7 who have joined the organization to promote their interests as a group. CARII members elect Board members from among their ranks that they believe will best represent their respective interests. The Board consists of the elected CARII members.
B. The Board elects its officers by majority vote of the Board, from candidates selected from within the ranks of the Board. These officers perform specific duties as necessary for CARII. Chapter 6 – Board Members A. The Board shall endeavor to maintain a ratio of one (1) Board member per fifty (50) employees within a job classification or agency, not to exceed a maximum of three (3) Board Members per job classification. Job classifications with stepped levels (i.e. I & II) constitute one (1) job classification for the purpose of this chapter
B. The Board shall endeavor to include at least one (1) Board Member from each job classification or agency, provided a candidate is available. In the absence of a candidate from a job classification or agency, an elected Board member from another job classification or agency may be substituted.
C. The total number of Board members shall not exceed fourteen (14).
D. Board Members shall serve two (2) year terms or until their successors are elected.
E. The Board has the authority, by a two-thirds (2/3) vote, to fill vacancies occurring within its ranks. Vacancies filled in this manner are considered interim appointments and are limited to the remainder of the unexpired term. When filling a vacant Board Member’s position, the CARII President may review the most recent election results and offer the vacant position to the remaining candidate(s) registering the highest number of votes cast by the members during the most recent election. The Board by a majority vote may appoint a regular member of CARII who is of the same job classification as that of the vacant position if no such candidate exists.
F. Board members may submit an expense claim for reimbursement of authorized CARII expenses by using CARII’s standard expense claim procedures. A Board member may claim up to $100.00 per year, by using CARII’s standard expense claim procedure, for reimbursement for operating expenses such as file boxes, writing instruments, etc. without prior approval of the Board.
G. Any Board Member desiring to resign from the Board shall submit their resignation in writing to the CARII President, or Board. Chapter 7 – Officers A. Board officers shall be President, Vice President, Treasurer, Secretary, and others as required. The Officers of the Board are to perform their respective duties as set forth below and may be held accountable for their actions by the Board.
B. The CARII President shall be the Chief Executive Officer of CARII and perform the following duties: (1) Preside over meetings of the Board. (2) Represent CARII between meetings. (3) Appoint committees as needed to perform CARII business. (4) Sign for and in other ways represent CARII. (5) The President shall be a member in good standing of the CAUSE Board of Directors, and represent the CARII membership at CAUSE meetings (6) Perform other duties as necessary. C. The CARII Vice President shall be the second ranking Officer and shall perform the following duties: (1) In the temporary absence of the President, assume the duties of the President. (2) In the permanent absence of the President, assume the duties of the President and schedule a Board meeting within three months to elect a new President. (3) Perform other duties as necessary. D. The CARII Secretary shall be the official record keeper of CARII and third ranking officer, and perform the following duties: (1) Keep full and complete records of all association proceedings and a list of attendees at each meeting. (2) In the temporary absence of the President and Vice President, assume the duties of the President. (3) In the permanent absence of the President and Vice President, assume the duties of the President and schedule a Board meeting within three months to elect a new President and Vice President. (4) Perform other duties as necessary. E. The CARII Treasure shall be the Chief Financial Officer and fourth ranking Officer, and perform the following duties: (1) Maintain a record of all monies received and expended by CARII. (2) Make an accounting of all income and expense items available to the Board at each Board meeting. (3) Advance monies to Board members as necessary to conduct CARII business. All advances shall be cleared within 30 days of the expense on claim forms. (4) Ensure disbursements be made by bank check. (5) Ensure disbursements are supported by an invoice and/or expense claim form as required. (6) Ensure that expenses incurred by the Board for CARII organization business that is outside the provisions of this Constitution shall be approved by the Board in a two-thirds (2/3) vote prior to the expense (7) Ensure that emergency expenses approved by the Board list the Board members authorizing the expense. (8) Ensure that Bargaining Unit 7 guidelines are used for travel expenses. (9) In the temporary absence of the President, Vice President and Secretary, assume the duties of the President. (10) In the permanent absence of the President, Vice President, and Secretary, assume the duties of the President and schedule a meeting within three (3) months to elect a new President, Vice President, and Secretary. (11) Perform other duties as necessary. F. The following list of duties may be delegated to Board members or committees as necessary: (1) Escort any unruly, loud and disruptive member from a meeting so the meeting can continue for normal business (2) Assist the President in coordinating, planning and presenting meetings (3) Publish the CARII Newsletter (4) Maintain CARII’s web site (5) Determine, design, arrange for production of, and obtain promotional products for the members, devise the most efficient and effective means of utilizing these products, and distribute them to the members. (6) Be responsible for; accounting for time in the union release time bank; related efforts to obtain release time. (7) Develop strategy, processes and polices for CARII to achieve its public relations objectives. (8) Recruit, organize and track CAUSE Site Representatives to effectively represent CARII members, to work with CAUSE to constantly improve Site Representative training, and assist the CAUSE Site Representative Program. Chapter 8 - Removal From Office A. An Officer may be recalled for any reason that is held sufficient to cause such action by a two-thirds (2/3) vote of all Board Members. To cause such a recall election the following procedures must be followed: (1) A petition bearing the signatures of a majority of Board Members which sets forth the intent and reason(s) for recall shall be sent by a Board Member to all other Board members by certified mail, return receipt requested. (2) The Officer under petition for recall may respond in writing to each Board Member within thirty (30) days of receipt of such petition. If the response is sufficient to satisfy a Board Member, the Board Member may send written notice by certified mail, return receipt requested to notify all Board Members that he/she is withdrawing his/her signature from the recall petition. (3) If at the end of the thirty (30) day period as described above there remains a majority of Board members’ signatures on the recall petition, the President will call a special meeting of the Board for the purpose of discussing and voting on the recall. If the Officer under petition for recall is the President, the Vice President will call a special meeting of the Board. If both the President and Vice President are under petition for recall, the Secretary will call a special meeting of the Board. (4) Should the President be recalled from office, the Vice President shall temporarily assume the office of President and call a Board election to elect a new President to serve the remainder of the term. Should an Officer other than the President be recalled from office, the President may call a Board election to fill the remaining term of the Officer recalled. B. When necessary to correct corruption, fraud or for any other reason sufficient to cause such action, a Board Member may be censured by a two-thirds (2/3) vote of all Board Members. Once subject to censure, the individual will not be allowed to participate in any decision-making activities or act in any official capacity other than to attend Board meetings. A Board Member may be subject to censure as follows:
(1) Knowledge of any improprieties that could reasonably be expected to result in a Board Member being subject to censure will be forwarded to the President in writing. The President will conduct a thorough and impartial investigation of the matter and present the evidence to the accused as well as the Board at least thirty (30) days prior to the next regularly scheduled Board meeting. The Board will then discuss the matter including allowing the accused individual to present a defense. The Board will then vote whether to subject the accused to censure. (2) If the accused individual is subject to censure by the Board, it will take effect immediately after the vote is taken. (3) If the Board finds, based on the evidence, that the request for investigation and censure of a Board Member appears to be the result of misinformation presented to the Board for frivolous or personal reasons or for personal or political gain of the individual(s) involved, the Board may direct the President to conduct an investigation of the individual(s) responsible or it may proceed with discussions whether to subject the individual(s) involved to censure. (4) If a request is made for the investigation and censure of the President, the request will be made to the Vice President who shall conduct the investigation. If a request is made for the investigation and censure of both the President and Vice President, the request will be made to the Secretary who shall conduct the investigation. C. Should a Board Member miss two (2) consecutive meetings within a one (1) year period without just cause, the Member may be removed from the Board for a period of up to two (2) years at the discretion of the Board who shall make this determination by majority vote. Chapter 9 – Committees The President shall appoint committees as needed and approved by a majority of the Board. Chapter 10 – Meetings A. CARII shall meet a minimum of twice (2) annually at the call of the President, who will preside over the meetings. B. Special Meetings of the Board may be called on 72 hours notice to all Board members by the President or by a majority of the Board. The purpose of the meeting shall be disclosed at the time notice is given. C. A majority of Board present at meetings will constitute a quorum to conduct business. D. The President shall vote only to break a tie, except in votes requiring a two-thirds (2/3) majority. E. The Board may remove a member for unruly, loud and disruptive behavior at meetings. The Secretary (if not the offender, then the Vice President) will maintain a record of these incidents in the minutes. Continued disruptive behavior may result in the dismissal of the member from the Board Meeting based on a two-thirds (2/3) vote of the Board. F. A Board member, except Officers, may designate an alternate from their same job classification to represent and vote on their behalf during regular Board Meetings provided notice is submitted to the Secretary prior to the meeting. G. In the event a dispute arises regarding process or procedure during a meeting, the parliamentary procedures contained in the most current edition of "Robert’s Rules of Order" shall govern the proceedings in all cases to which they are applicable and not inconsistent with these Bylaws. Parliamentary procedures may be modified or suspended upon a two thirds (2/3) vote of the Board members present. Chapter 11 – Election A. Any regular member of CARII may be elected to serve on the Board except that of the President. Candidates for President must have been a participating Board member and have attended at least two (2) CARII Board meetings during the previous twelve (12) months. B. Board members will be elected prior to October 1st during even numbered years. During each election year, CARII will notify members of the upcoming election and seek potential candidates to run for a position on the Board. The nomination period open April 1st and close June 30th. C. Following the nomination period, ballots will be prepared by the CARII Secretary and mailed to each member. The ballot will identify each candidate’s name, job classification, and the candidate’s statement, if any. Members may cast their vote for any four (4) candidates on the ballot or choose to write in up to four (4) candidates of their choice. However, a write-in candidate must agree to accept the position in writing if they should be elected. D. When received the Secretary will verify the membership status of the member signing a ballot envelope. Only signed ballots will be opened and counted. The ballots will then be tabulated and the candidates with the highest number of votes will be elected to the Board. If there is a tie vote in a job classification the existing Board will vote to break the tie. The tabulation of votes received by candidates will be kept on file for future reference in the event vacancies and/or disputes occur. E. The Board will meet during the month of October or November in even numbered years and elect officers from the ranks of the Board by secret ballot as the last order of business. Candidates for office will announce their candidacy for election to office and may make statements and participate in debate with the Board at that time regarding their qualifications and goals. Officers will be elected by a majority vote of the CARII Board and will assume the duties of office at the close of the meeting. Chapter 12 – Finance Management Policy A. All CARII disbursements must be made by bank check and may be signed by the Treasurer only except in the permanent absence of the Treasurer. In such case, the President will sign until a new Treasurer is elected. B. An invoice and/or CARII expense claim must support all disbursements. C. CARII expenditures other than provided in these Bylaws must be approved by a two-thirds (2/3) vote of the Board. D. Unless directed by a two-thirds (2/3) vote of the Board, the Bargaining Unit 7 Contract guidelines will govern all allowable travel expenses. E. The President may obligate CARII for CARII business expenses of up to two-hundred and fifty dollars ($250.00) and reasonable CARII meeting expenses without prior approval of the Board. Chapter 13 – General Provisions The Association and Board Members, when acting within the scope of their authority as specified herein, and the officers, individually and/or collectively, when acting within the scope of their authority as specified herein or upon the direction of the Board, may be entitled to legal protection and counsel. Any expense must have two-thirds (2/3) approval of the Board and will not exceed 80% of the existing treasury at the time of voting. Chapter 14 – Amendments These Bylaws may be amended at any Board meeting by a two-thirds (2/3) vote of the Board, provided the amendment has been submitted in writing at least thirty (30) days prior to the meeting. These Bylaws may also be amended by a by a two-thirds (2/3) vote of the full membership. Amendments to these Bylaws become effective upon adoption unless otherwise provided in the amendments. No provision of these Bylaws shall abrogate or be inconsistent with any part of the CAUSE or CARII Constitution or Standing Rules.
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