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CONSTITUTION
OF
ADMINISTRATIVE, PROFESSIONAL, AND TECHNICAL ASSOCIATION
CITY OF PHILADELPHIA, DISTRICT COUNCIL 47
AFSCME, AFL-CIO
ARTICLE I
NAME AND HEADQUARTERS
Section
1. This organization shall be known as Administrative,
Professional and Technical Association, City of Philadelphia, District
Council 47 of the American Federation of State, County and Municipal
Employees, AFL-CIO.
Section
2. The headquarters of this organization shall
be in
Philadelphia, Pennsylvania.
ARTICLE II
AFFILIATIONS
This
Council shall be affiliated with the Pennsylvania AFL-CIO,
and the Philadelphia Council of the AFL-CIO.
ARTICLE III
OBJECTIVES
Section
1. The objectives of this Council shall be to
carry out
within the Council's jurisdiction the objectives of the American Feder-
ation of State, County and Municipal Employees.
Section
2. This Council shall negotiate, make and monitor
agree-
ments with the City of Philadelphia, employers of the affiliate members
of the private and nonprofit sector and all other applicable employers
on behalf of all affiliated local unions and their members. Further,
this Council shall fully represent the same in the collective bargain-
ing process every way allowable by law.
ARTICLE IV
MEMBERSHIP AND REVENUE
Section
1. All local unions composed of administrative,
profes-
sional and technical employees of the City of Philadelphia, except
those classifications assigned to Council 33 in accordance with the
agreement of October 27, 1970, shall be affiliated with this Council.
Section
2. Effective April 1, 1996, per capita tax shall
be paid
to this Council by each affiliated local at the rate of twelve dollars
and eighty cents ($12.80) per member per month for members employed
full time and at the rate of one dollar fifty cents ($1.50) less per
member per month for those recognized as part-time employees by the
International.
Section
3. In any case where the dues deduction of an
affiliated
local is transmitted by the employer to the Council, the Council shall
deduct its per capita tax prior to transmitting the balance to the
local union
Section
4. The dues rate for retired members shall be
established
by the local unions.
ARTICLE V
DELEGATE ASSEMBLY
Section
1. The Delegate Assembly, when in session, shall
be the
governing body of this Council.
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Section
2. The Delegate Assembly shall meet four (4) times
per
year in the months of March, June, September and November, at a time,
date and place to be determined by the Executive Board.
Section
3. Special meetings of the Delegate Assembly
may be
called by the Council Executive Board, the Council President, or the
International President or by an authorized representative of the In-
ternational President. Special meetings of the Delegate Assembly may
also be called by 25% of the delegates of record, by filing such a re-
quest, containing the requisite number of delegates' signatures, with
the Council which request shall state the purpose of the special meet-
ing and a date, which shall be no sooner than twenty-five days subse-
quent to the date of filing the request.
Section
4. Notice of all Delegate Assembly meetings shall
be
mailed by the Council Corresponding Secretary in the name of the Coun-
cil Executive Board to all affiliated local unions and delegates of
record at least fifteen days prior to each meeting. Such notice shall
contain the time, date and place of the meeting, and, in the case of
special meetings, the purpose.
Section
5. A quorum for the transaction of business at
Delegate
Assembly meetings shall consist of one-third- of the delegates of
record.
Section
6. At the first regular Delegate Assembly meeting
of each
calendar year the delegates shall elect, from among the delegates of
record, two Sergeants-at-Arms. The Sergeants-at-Arms shall aid the
President in keeping order at all Delegate Assembly meetings and shall
supervise the entrance of the delegates to the floor of the meeting.
They shall require the showing of valid membership cards or by other
means permit only members in good standing to enter, unless expectations
are made by ruling from he chair.
ARTICLE VI
REPRESENTATION
Section
1. The basis for representation to meetings of
the Dele-
gate Assembly for affiliated local unions shall be the average number
of members for which per capita tax has been paid for the twelve-month
period ending with the preceding August.
Section
2. Affiliated local unions shall be entitled
to delegates
on the basis of membership as follows: one delegate for each forty
(40) members or fraction thereof.
Section
3. Regardless of the number of delegates, voting
in the
Delegate Assembly shall be on the basis of one vote fore each member
or
fraction thereof. Any local entitled to more than one delegate may
send fewer delegates than the number to which it is entitled, and the
delegates present may cast all the local union's entitled vote for all
roll call votes and elections coming before the Delegate Assembly. The
number of votes to which any affiliated local union is entitled shall
be divided equally among the delegates in attendance, with any remain-
ing votes to be cast by the chairperson of the delegation, as designat-
ed by the local union. no fractional votes shall be permitted.
Section
4. In January of each year, the names of the
elected
delegates and their alternates, if any, shall be certified in writing
by each affiliated local union to the Council Recording Secretary.
Where there is more than one delegate in any delegation, one of the
delegates shall be designated chairperson in each certification. Any
such change, also be certified in writing to the Recording Secretary
of
this Council. |
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Section
5. Any officer or Executive Board Member of this
Council
who is not elected as a delegate to the Delegate Assembly shall never-
theless be entitled to all the rights and privileges of a delegate ex-
cept the right to vote.
Section
6. To be eligible to serve as a delegate, a member
must
be in good standing in the affiliated local union represented by the
member.
ARTICLE VII
OFFICERS AND ELECTIONS
Section
1. The officers of this Council shall include
a Presi-
dent, Vice-President, Treasurer, Recording Secretary and Corresponding
Secretary. These officers shall, beginning with the initial election
held in 1977, be elected to three-year terms. The Executive Board of
this Council shall consist of the above officers and two Board members
from each of the affiliated locals.
Section
2. The President of each affiliated local union
shall, by
virtue of that office, be a Council Executive Board member, unless
elected to one of the offices named in Section 1 above. If a local
union President is elected to a Council office, then that President's
local union shall, in accordance with the local union constitution,
elect a member to serve on the Council Executive Board.
Section
3. The remaining seats on the Council Executive
Board
shall be filled by each of the affiliated local union's delegation to
the Delegate Assembly. Each delegation shall nominate and elect one
Executive Board member to represent their local on the Council Execu-
tive Board. IN the initial election, members elected shall serve until
September, 1980 and thereafter serve concurrent terms of office with
the Council officers.
Delegations
of the affiliated local unions may elect alternates
to
serve in the place of elected Executive Board members, when Board mem-
bers are absent and cannot attend Executive Board meetings. Such
alternates, when elected, shall only serve as long as the Executive
Board member for whom they are an alternate. Alternates, when acting
in the place of an Executive Board member, shall have the rights and
privileges of an Executive Board member, including the right. to vote.
Vacancies
in office, occurring under this Section, shall be filled
for the remainder of the unexpired term of office by the delegation of
the local union, in which the vacancy occurred. Nomination and elec-
tion of a replacement shall occur at the next regularly scheduled Dele-
gate Assembly meeting or at a special meeting of the local delegation
called by the Chairman of the Delegation for the purpose of nominating
and electing a replacement. Any such special meeting called by the
Delegation Chairman for the purpose of nominating and electing an Exec-
utive Board member must take place no more than thirty days after such
a vacancy occurred. A quorum of a majority of all delegates of record
in the delegation is required at any meeting at which an election is
to
take place.
Section
4. There shall be elected five (5) members who
shall
serve as Trustees but who shall not serve on the Executive Board.
Trustees shall be elected for a term of three (3) years in the same
years that other Council officers are elected and may not hold any
other elected Council office during their term as Trustee.
Section
5. Nominations from the floor for Council office
shall
take place at the regularly scheduled Delegate Assembly meeting in
September of the year in which elections will be held. |
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Section
6. Election of officers and Executive Board members
shall
be conducted at Delegate Assembly meetings held in September.
Section
7. To be eligible for office in this Council,
except for
those positions created under Section 2 of this Article, a candidate
must be a member in good standing in an affiliated local union for one
year preceding the election. No retired member shall be a candidate
for office.
Section
8. All matters concerning nominations and election
in
this Council shall be subject to the provisions of Appendix D, entitled
Elections Code, of the International Union Constitution.
Section
9. Vacancies in office shall be filled for the
remainder
of the unexpired term of office by vote of the Delegate Assembly, ex-
cept as provided under Section 3 of this Article, and provided that the
local union shall, in accordance with the local union Constitution,
fill any vacancy in a position created under Section 2 of this Article.
A vacancy in a position created under Section 3 of this Article must
be
filled with a member of the same local union represented by the Board
member being replaced.
Section
10. Every officer, member of the Board and Trustee,
shall, upon assuming office, subscribe to the Obligation of an Officer
contained in Appendix B of the International Union Constitution.
ARTICLE VIII
DUTIES OF OFFICERS
Section
1. The President shall preside at all meetings
of the
Delegate Assembly and the Executive Board, and such other meetings as
directed by the Executive board. He/she shall serve full-time as the
administrative and executive officer of this Council, and shall receive
compensation and expenses as established by the Executive Board.
He/she shall be the Council's official spokesperson and shall be re-
sponsible for the contents of the Council's Publications. He/she shall
plan and carry out programs of organization, negotiations servicing,
training, and such additional programs as may be necessary to conduct
the affairs of this Council in accordance with the policy decisions
duly established and promulgated by the governing bodies of the Council
and to effectuate the purposes and objectives of this Council. He/she
shall, by virtue of his/her election, serve as the Council's delegate
to Conventions of the International Union and to the conventions and
conferences of all other bodies with which this Council is affiliated.
He/she shall, under the policies established by the Executive Board,
employ, terminate, fix the compensation and expenses and direct the
activities of such staff as are required to carry out effectively the
functions of his/ her office. He/she shall appoint all standing com-
mitties and all special committees, subject too the approval of the
Executive Board. He/she shall be a member of all committees, except
Election Committees. He/she shall serve as Chairperson of the Nego-
tiating Committee. He/she shall, in advance of each fiscal year;
submit to the Executive Board a proposed budget for the coming fiscal
year, setting forth the anticipated income and the sources thereof and
anticipated expenditures and their purposes. The proposed budget shall
be subject to revision and adoption by the Executive Board. He/she
shall be bonded and shall countersign all checks and all authorizations
for expenditures drawn against the funds of this Council. He/she shall
report periodically to the Executive Board and the Delegate Assembly
regarding his/ her official duties. He/she shall carry on the corre-
spondence relating to his/ her office and shall carry out such other
duties as are provided in this constitution or as the Executive Board
may direct. |
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Section
2. The Vice-President shall assist the President
in the
work of his/ her office. In the absence of the President or in his/ her
inability to serve, the Vice-President shall preside at all meetings
and perform all duties otherwise performed by the President. He/she
shall be bonded, and he/she may, with the approval of the Executive
Board be authorized to act as co-signer of checks or authorizations
for expenditures drawn against the funds of the Council in the absence
of either the President or the Treasurer. He/she shall serve as Chair-
person of the PEOPLE Committee.
Section
3. The Corresponding Secretary shall e responsible
for
the adequate notice of all meetings, both regular and special, of the
Executive Board and Delegate Assembly. He/she shall suggest policies
governing the form and regularity of Council publications and other
general notices. He/se shall serve as Chairperson of the Publications
Committee and the Goals Committee. He/she shall perform such other
duties as the President, the Executive Board, or this constitution may
require.
Section
4. The Recording Secretary shall keep a record
of the
proceedings of all meetings of the Executive Board and the Delegate
Assembly. He/she shall certify the official roll and shall perform
such other functions and duties as the President, the Executive Board,
or this constitution may require.
Section
5. The Treasurer shall receive and receipt for
all monies
transmitted to this Council. He/she shall deposit all monies so re-
ceived in the name of this Council in a band or banks selected by the
Executive Board, and money so deposited shall be withdrawn only by
check properly authorized for such purposes as are required by this
constitution or are authorized by the Executive Board or the Delegate
Assembly. He/she shall keep an accurate record of receipts and dis-
bursements and shall carry on the correspondence relating to his/her
office. Monthly, at the meetings of the Executive Board, and also at
reg-
ular meetings of the Delegate Assembly, he/she shall submit an oper-
ating statement of the financial transactions of this Council for the
month or months which have ended during the period since the last such
meeting. He/she shall be bonded in accordance with Article IX of the
International Union Constitution. His/ Her accounts and books shall be
open to the inspection of the President, the Executive Board and any
authorized auditors. He/she shall carry out such other duties as the
President, the Executive Board, or this constitution may require.
Section
6. The Trustees shall make or cause to be mad
at least
semi-annually and audit of the Council's finances and shall report to
the Executive Board and the Delegate Assembly the results of such
audit. The Trustees shall select a Certified Public Accountant who
shall, once a year, audit the books and records of this Council and the
Trustees shall see that the results of such audit are communicated to
the Executive Board and the Delegate Assembly.
ARTICLE IX
THE EXECUTIVE BOARD
Section
1. The Executive Board is the highest governing
body of
this Council except when the Delegate Assembly is in session, and shall
have all the powers vested in the Delegate Assembly except the power
to
amend this constitution.
Section
2. All matters affecting the policies, aims and
means of
accomplishing the objectives and purposes of this Council, not specif-
ically provided for in this constitution or by action of the Delegate
Assembly, shall be the responsibility of the Executive Board. The
Executive Board shall carry out such programs or functions of affil-
iated local unions as may be delegated to this Council by authorization
of a local union. |
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Section
3. The Executive Board shall meet monthly at
a time,
date, and place to be determined by the Board. Special meetings of the
Board shall be held at the call of the President, the International
President or an authorized representative of the International Presi-
dent, or upon written request by a majority of the members of the
Board. A written request by a majority of the members of the board shall
be filed with the Corresponding Secretary at the headquarters of this
Council, and shall state the purpose of the meeting and a date which
will allow the Corresponding Secretary adequate time to send out
notice. Notice of all meetings will be sent out to the members of the
Executive Board at least five days in advance of such meeting. Such
notice shall state the time, date and place, and, in such case of a
special meeting, the purpose, of the meeting.
Section
4. A quorum for the transaction of business
at meetings
of the Executive Board shall consist of a majority of the members of
the Board.
Section
5. Each Board Member shall be entitled to one
vote. No
absentee or proxy voting shall be allowed.
Section
6. All meetings of the Executive Board shall
normally be
open to all members in good standing of affiliated local unions. Meet-
ings may be closed if the Board decides, by a two-thirds vote, that
serious injury or damage might otherwise be done to the Council or any
individual.
Section
7. The Executive Board shall constitute this
Council's
trial body in accordance with Article X of the International Union Con-
stitution.
Section
8. The unexcused absence of any member of the
Board from
three consecutive Board meetings shall cause the office to be declared
vacant and the vacancy shall be filled in accordance with the provi-
sions of this constitution, provided, however, that this section shall
not apply to a position filled in accordance with Article VII, Section
2.
Section
9. A written report on all actions of the Executive
Board
shall be made at each regular meeting of the Delegate Assembly.
ARTICLE
X
STANDING AND SPECIAL COMMITTEES
Section
1. The following are the standing committees
of this
Council:
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The
Committee on Financial Administration and Personnel
shall
consist of the Treasurer who shall be Chairperson at least
one representative from each affiliated local union who is
not an office holder of the Council, and the President. The
Committee shall meet periodically, at the call of the Chair-
person, the President, or a majority of the Committee's mem-
bers. The purposes of this committee shall be: (1) to es-
tablish and periodically re-examine the financial adminis-
tration procedures of this Council; (2) to establish, subject
to the approval of the Executive Board, uniform job evalua-
tion and salary and expense standards for this Council; (3)
to advise the President in the preparation of the annual
budget of this Council; and (4) to report regularly to the
Executive Board on the activities of the
committee.
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A
committee to be known as the PEOPLE (Public Employees
Organized to Promote Legislative Equality) Committee shall
work actively to: (1) promote the legislative program of
this Council; (2) organize and promote voter registration and
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get-out-the-vote
campaigns; and (3) encourage the highest
possible degree of membership participation in support of
candidates for office who are favorable to the goals of the
Council. The PEOPLE Committee is authorized to solicit and
accept voluntary contributions form AFSCME members for use in
political campaigns, and, in so doing, shall act in parterner-
ship with the PEOPLE Committee of the International Union.
No political endorsements shall be made by the PEOPLE Commit-
tee without the approval of the Delegate Assembly.
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The
Publications Committee shall suggest policies and
provide
guidance for the effective preparations and dissemination of
various informational materials, brochures, and news releas-
es, both internally and externally, to better inform the mem-
bership and to promote the public image of the municipal em-
ployee as a respected and responsible individual.
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The
Goals Committee shall help formulate realistic
and real-
izable short and long term goals arrived at through research
and membership survey and recommend them for adoption by the
Executive Board.
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The
Education Committee shall aid the President to
carry out
programs that will inform and educate all member son subjects
that are relevant to this council.
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The
Benefit and Pension Committee shall: (1) continuously
review the operation of the benefit and pension programs
which result from contract negotiations; and (2) report regu-
larly to the Executive Board the progress, development or
changes in the programs.
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The
Grievance Committee shall consist of a representative
officer of the Council who shall serve as President of the
Grievance Committee and the President of each affiliated
local. The Grievance Committee's duty is to review griev-
ances at the upper level and to make appropriate decisions
concerning the course of action at the upper level. All
decisions for arbitration and legal action must be approved
by the Committee if Council is to assume financial responsi-
bility for such actions. Any member in good standing may
appeal to the Council Executive Board. Should the Council
Executive Board deny the appeal, the grievant shall have the
right of appeal to the Delegate Assembly. The Delegate
Assembly's decision shall be final and binding
Section
2. Other standing or special committees and the
chairper-
sons thereof shall be appointed by the President, subject to the appro-
val of the Executive Board. Any appointed chairperson or member of a
committee may be removed from his/her appointment by the President,
with concurrence of the Executive board, unless otherwise stated in
this constitution. A quorum for all committee meetings shall be a sim-
ple majority of its members and meetings may be called by the chairper-
son, the President, or majority of its members. Every effort should
be made to notify every member of a committee at least five (5) days
in
advance of any regular or special meeting of such committee. Every
member of a committee shall have a single vote which must be cast by
that member. No voting by proxy shall be allowed. |
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ARTICLE XI
SEPARABILITY
If
any provision of this constitution or the application
of such
provision to any person or to any particular circumstances shall be
held invalid by any tribunal of competent jurisdiction or by the Inter-
national Union, the remainder shall not be effected thereby and shall
remain in full force and effect.
ARTICLE XII
MISCELLANEOUS PROVISIONS
Section
1. This Council shall at all times be subject
to the
provisions of the American Federation of State, County and Municipal
Employees.
Section
2. Except to the extent specified in this constitution
no officer of the Council shall have the power to act as agent for or
otherwise bind the Council in any what whatsoever. No member or group
of members or other person or person shall have the power to act on
behalf of or otherwise bind the Council except to the extent specifi-
cally authorized in writing by the President of the Council or by the
executive Board of the Council.
Section
3. Robert's Rules of Order, Revised, shall be
the guide
in all cases to which they are applicable and in which they are not
inconsistent with this constitution and special rules of this Council
or of the American Federation of State, County and Municipal Employees.
Section
4. Whenever used in this constitution, masculine
pronouns
shall include the corresponding pronouns of the feminine gender.
Section
5. Nothing in this constitution shall be diminished
by
any rule or regulation or other governing document of any local union
affiliated with this Council.
Section
6. The fiscal year for this Council shall be
the same as
the calendar year.
ARTICLE XIII
JUDICIAL PROCEDURES
The
judicial procedures for this Council shall be as specified
in
Article X of the International Union Constitution.
ARTICLE XIV
AMENDMENTS
Section
1. This constitution may be amended, revised,
or other-
wise changed only by a recorded vote at a Delegate Assembly meeting:
A two-thirds vote is required for approval. All changes so approved
shall take effect only upon written approval of the International
President.
Section
2. Proposed amendments to this constitution may
be intro-
duced by any delegate or by any affiliated local union, and amendments
may be introduced by the Council Executive Board. The Executive Board
shall review and make a recommendation to the Delegate Assembly on any
proposal to amend this constitution. |
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Section
3. Proposed amendments shall be read at the Delegate
Assembly meeting which precedes the meeting at which a vote will be
taken on the amendment. Notice of any proposal to amend, revise or
otherwise change this constitution shall be given to each affiliated
local union at least thirty (30) days prior to the meeting at which the
proposal will be voted upon; and copies of any proposed amendment shall
be sent to all members of affiliated local unions at least fifteen (15)
days prior to the meeting at which the vote is taken.

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