hpffa v. iaff lawsuit | august 2014
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION
THE HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION,
LOCAL 341,
Plaintiff
v. CIVIL ACTION NO.
4:14-CV-02437INTERNATIONAL ASSOCIATION (State Court No. 2014-44222)
OF FIRE FIGHTERS,
Defendant
DEFENDANTS NOTICE OF REMOVAL
Defendant International Association of Fire Fighters (IAFF), without waiving
any defenses it may have, files this Notice of Removal pursuant to 28 U.S.C. 1446 and
S.D. Texas Local R. 81. In support of this Notice, Defendant respectfully shows:
1. On August 1, 2014, Plaintiff Houston Professional Fire Fighters Association,
Local 341 (HPFFA) filed a Verified Original Petition and Application for
Temporary and Permanent Injunction (Petition) in the 215th
Judicial District
for Harris County, Texas, as Cause No. 2014-44222. The Petition asserted
claims of breach of contract, breach of fiduciary duty, tortious interference
with contractual relationship, discrimination for non-union status, and
conspiracy. Plaintiffs claims allegedly arise out of breaches of the IAFFs
Constitution and By-Laws.
2. On August 1, 2014, Bryan Sky-Eagle, the President of HPFFA, filed a
Petition in Intervention [and] Application for Temporary Restraining Order
and Temporary and Permanent Injunction, asserting the same claims as the
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Plaintiffs Petition. On August 11, 2014, Sky-Eagle filed a First Amended
Petition in Intervention [and] Application for Temporary Restraining Order
and Temporary and Permanent Injunction. No court order has issued with
respect to Sky-Eagles intervention, and Defendant opposes same.
3. Plaintiffs Petition (and Sky-Eagles Petition in Intervention) assert claims and
matters covered by Labor Management Relations Act (LMRA) Section
301(a), which are therefore completely preempted. 29 U.S.C. 185(a); see
also, United Assn of Journeymen & Apprentices of Plumbing & Pipefitting
Indus. v. United Assn of Journeymen & Apprentices, 452 U.S. 615, 619-20
(1981) (holding a union constitution can be a contract between labor
organizations within the meaning of 301(a));Richter v. Merchants Fast
Motor Lines, 83 F.3d 96, 97 (5th Cir. 1996) (holding that Section 301
establishes federal preemption over conflicting state causes of action arising
in both contract and tort).
4.
The filing of this Notice of Removal is timely under 28 U.S.C. 1446(b).
5. There are no other defendants who need to join in or consent to this Notice of
Removal.
6. Copies of all executed process,1all pleadings asserting causes of action, any
orders signed by the state court judge, the docket sheet, and an index thereto,
as well as a list of all counsel of record, including addresses, telephone
numbers and parties represented, are attached hereto as Exhibit A, in
compliance with S.D. Tex. Local Rule 81.
1Defendant has not been served. Upon information and belief, service has been made upon the IAFF
Charitable Foundation, which is a separate legal entity from the IAFF.
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7. Contemporaneously with the filing of this Notice of Removal, written notice
will be given to all other parties to the action and to the Clerk of the District
Court of Harris County, Texas, that this Notice of Removal is being filed with
this Court.
Respectfully submitted,
_/s/ Philip Durst_____________________Philip Durst
S.D. Tex. Bar No. 1510
State Bar No. 06287850
DEATS DURST OWEN &LEVY,P.L.L.C.
1204 San Antonio Street, Suite 203Austin, Texas 78701
(512) 474-6200(512) 474-7896 (Fax)
Thomas A. Woodley
Douglas L. Steele
WOODLEY & McGILLIVARY1101 Vermont Ave, N.W.
Suite 1000Washington, D.C. 20005
Phone: (202) 833-8855
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
THE HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION,
LOCAL 341,
Plaintiff
v. CIVIL ACTION NO.
_______________________
INTERNATIONAL ASSOCIATION (State Court No. 2014-44222)OF FIRE FIGHTERS,
Defendant
EXHIBIT A TO NOTICE OF REMOVAL
INDEX TO THE DOCUMENTS FILED
IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS,
215th
JUDICIAL DISTRICT
Document 1 Harris County District Clerk Docket Sheet for Cause No. 2014-44222
Document 2 Plaintiffs Verified Original Petition and Application for Temporary andPermanent Injunction and Request for Disclosures with Exhibits Attached
Document 3 Bryan Sky-Eagles Petition in Intervention, Application for TemporaryRestraining Order and Temporary and Permanent Injunction, and Request
for Disclosures
Document 4 Bryan Sky-Eagles First Amended Petition in Intervention, Application forTemporary Restraining Order and Temporary and Permanent Injunction,
and Request for Disclosures
Document 5 Order Setting Show Cause Hearing
Document 6 Notice of Intention to Take Deposition by Written Questions
Document 7 List of Counsel of Record
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Document 1
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Harris County Docket Sheet
Page 1 of 12014-44222
215 8/22/2014 12:25:26 PM
BREACH OF CONTRACT
COURT:
2014-44222215th
FILED DATE:
CASE TYPE:
8/1/2014
8/15/2014 CASO - ORDER SIGNED SETTING HEARING
Docket Sheet Entries
Date Comment
INTERNATIONAL ASSOCIATION OF FIRE FIGHTE
vs.
HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOC
Attorney: BOHREER, E. MICHELLE
U
noffi
cial
CopyOff
iceof
Chris
Danie
lDis
trict
Cle
rk
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HCDistrictclerk.com HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOC vs.
INTERNATIONAL ASSOCIATION OF FIRE FIGHTE
8/22/2014
Cause: 201444222 CDI: 7 Court: 215
APPEALS
No Appeals found.
COST STATMENTS
No Cost Statments found.
TRANSFERS
No Transfers found.
POST TRIAL WRITS
No Post Trial Writs found.
ABSTRACTS
No Abstracts found.
NOTICES
No Notices found.
DOCUMENTS
Proper credentials required. Please loginor contact Harris County District Clerk's Office at (713) 755-7300.
SUMMARY
CASE DETAILS
File Date 8/1/2014
Case (Cause) Location Civil Intake 1st Floor
Case (Cause) Status Active - Civil
Case (Cause) Type BREACH OF CONTRACT
Next/Last Setting Date 9/3/2014
Jury Fee Paid Date 8/1/2014
COURT DETAILS
Court 215th
Address 201 CAROLINE (Floor: 13)
HOUSTON, TX 77002
Phone:7133686330
JudgeName ELAINE H PALMER
Court Type Civil
ACTIVE PARTIES
Name Type Post
Jdgm
Attorney
HOUSTON PROFESSIONAL FIRE FIGHTERS
ASSOCIATION
PLAINTIFF - CIVIL BOHREER, E.
MICHELLE
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS
DEFENDANT - CIVIL
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS
INTERVENOR DEFENDANT
SKY-EAGLE , BRYAN INTERVENOR PLAINTIFF
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS BY SERVING AGENT
REGISTERED AGENT
e of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPrinting.
8/22/2014 1
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INACTIVE PARTIES
No inactive parties found.
JUDGMENT/EVENTS
Date Description Order
Signed
Post
Jdgm
Pgs Volume
/Page
Filing
Attorney
Person
Filing
8/15/2014 ORDER SIGNED SETTING
HEARING
8/15/2014 1
8/11/2014 FIRST AMENDED INTERVENTION 0 SKY-EAGLE , BRYAN
8/1/2014 JURY FEE PAID (TRCP 216) 0
8/1/2014 ORIGINAL PETITION 0 BOHREER, E.
MICHELLE
HOUSTON
PROFESSIONAL FIRE
FIGHTERS
ASSOCIATION
8/1/2014 INTERVENTION 0 SKY-EAGLE , BRYAN
SETTINGS
Date Court Post
Jdgm
Docket Type Reason Results Comments Requesting
Party9/03/2014
10:30 AM
215 Law Day Docket TEMPORARY INJUNCTION
SERVICES
Type Status Instrument Person Requested Issued Served Returned Received Tracking Deliver To
CITATION
(CERTIFIED)
SERVICE
RETURN/EXECUTED
INTERNATIONAL
ASSOCIATION
OF FIRE
FIGHTERS BY
SERVING AGENT
8/1/2014 8/5/2014 8/13/2014 8/18/2014 73043194 CONST 1 JACK
F. ABERCIA
PRECEPT SERVICE ISSUED/IN
POSSESSION OF
SERVING AGENCY
ORIGINAL
PETITION
INTERNATIONAL
ASSOCIATION
OF FIREFIGHTERS
8/18/2014 8/21/2014 73048262 CIV
AGCY-CIVILIAN
SERVICEAGENCY
CITATION
CORPORATE
SERVICE ISSUED/IN
POSSESSION OF
SERVING AGENCY
INTERNATIONAL
ASSOCIATION
OF FIRE
FIGHTERS
8/18/2014 8/21/2014 73048272 CIV
AGCY-CIVILIAN
SERVICE
AGENCY
CITATION
CORPORATE
SERVICE ISSUED/IN
POSSESSION OF
SERVING AGENCY
INTERNATIONAL
ASSOCIATION
OF FIRE
FIGHTERS
8/18/2014 8/21/2014 73048297 CIV
AGCY-CIVILIAN
SERVICE
AGENCY
e of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPrinting.
8/22/2014 1
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Document 2
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8/1/2014 3:33:24 PM
Chris Daniel - District Clerk Harris Count
Envelope No. 202774
By: Nelson Cuer
2014-44222 / Court 215
CAUSE NO.
THE HOUSTON PROFESSIONAL N THE DISTRICT COURT OF
FIRE FIGHTERS ASSOCIATION,
LOCAL 341
V.
ARRIS COUNTY, TEXAS
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS UDICIAL DISTRICT
PLAINTIFFS VERIFIED ORIGINAL PETITION AND APPLICATION FOR
TEMPORARY AND PERMANENT INJUNCTION
AND REQUEST FOR DISCLOSURES
TO THE HONORABLE JUDGE OF THE COURT:
The Houston Professional Fire Fighters Association, Local 341 ( Plaintiff ) files its
Original Petition, Application for Temporary and Permanent Injunction Petition ( Petition ),
including Request for Disclosures under Rule 194 ( Disclosures ) complaining of and against
International Association of Fire Fighters, which may be formally referred to as International
Association of Fire Fighters Foundation ( IAFF').
I . DISCOVERY CON TROL PLAN: REQUEST FOR DISCLOSURE
Pursuant to Rule 190.2 of the Texas Rules of Civil Procedure, discovery is intended to be
conducted under Level 2 of this Rule.
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendant is requested to
disclose, within 50 days of service of this request, the information or material described in Rule
194.2.
II. PARTIES
The Houston Professional Fire Fighters Association, Local 341 ( HPFFA ) is a domestic
non-profit corporation existing under the law of the State of Texas whose principle business is to
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be a local fire fighters union with its principal office in Harris County, Texas.
Defendant International Association of Fire Fighters is a non-profit corporation under the
laws of Washington D.C. but registered to do business in the State of Texas. National labor
union regulated by the U.S. Department of Labor. It may be served with citation and process by
serving CT Corporation System, 350 North St. Paul Street, Suite 2900, Dallas, Texas 75201-
4234.
III. JURISDICTION AND VENUE
Venue is proper in Harris County, Texas because all or part of the cause of action arose in
Harris County, Texas.
IV.
AUTHO RITY TO FILE SUIT
This lawsuit is filed with the expressed authority by the HPFFA President under its
bylaws and by Texas State Law.
V. FACTS
-
The Houston Professional Fire_Fighter's Association, Local 341_( HPFFA ), is a 5_01(c)4 _
non-profit corporation established under the laws of Texas and has its own Constitution and By-
laws ( CBLs ). See
Exhibit 1 for the HPFFA Constitution and Bylaws. The International
Association of Fire Fighters ( IAFF ) is a national labor union regulated by the U.S. Department
of Labor and has its own CBLs. See
Exhibit 2
for the IAFF Constitution and Bylaws. HPFFA
is a member affiliate of the IAFF, and pay sues to IAFF in exchange for services and support.
As set forth below, the IAFF has breached its agreement with HPFFA and continues to interrupt
and interfere with HPFFA's operation of its business affairs.
In October 2013, HPFFA held elections of officers and directors, and Bryan Sky-Eagle
( Sky-Eagle ) was elected President for a term to end October 2016. The campaign promise was
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to reform HPFFA's fiscal responsibility, transparency to the membership and accountability of
its officers, directors and leadership who had been in these positions for many years, has strong
personal relationships with the IAFF and its leaders, and whose practices had resulted in a call
for substantial changes within HPFFA. Promptly after being elected, HPFFA, through its
President, Sky-Eagle, began to implement changes in furtherance of these goals. These changes
included, among other things, terminating the services of various consultants, and contractors
who had been engaged by prior leadership, and hired replacements. In Sky-Eagle's opinion,
such changes were long overdue. The leadership who had been voted out was already
disgruntled by Sky-Eagle's election victory, and they became a vocal minority of members who
did not want the changes implemented. Those same members of the HPFFA voiced
disagreement with Sky-Eagle's action in replacing
.the consultants and contractors, with whom
the former leadership had developed close affiliations during their tenure. Their disagreement
stemmed from politics and the power they had lost, rather than merit, and they viewed the
changes as a `shake w that diminished their political power.
The proper recourse for these members who disagreed with these business decisions
would have been to appeal through the IAFF in accordance with the IAFF By-Laws. However,
these members instead challenged President's authority to hire and fire staff in two different state
district courts. Those judges ruled that as President, Sky-Eagle could substitute attorneys in
pending court cases and agreed that Sky-Eagle has the express authority to hire and fire
assistants and consultants, including lawyers.
In what is now an apparent concerted action to thwart the ability of HPFFA, under Sky:
Eagle's leadership, to conduct its routine daily business and implement changes consistent with
the goals of increasing transparency and accountabilitywhich necessarily involved replacing
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consultants and contractorsthese members subsequently filed charges with the IAFF for
misconduct, stating that President Sky-Eagle did not have the authority to hire and fire
consultants despite the previous court decisions and the language of the HPFFA CBLs.
The TAFF's By-Laws allow the charges to be vacated if they are frivolous or retaliatory.
However, the members who filed the charges had previously developed relationships and
political affiliations with high-ranking members of the IAFF during their tenure as HPFFA
leaders prior to the 2013 elections. Despite the fact that the members clearly filed the charges in
retaliation for the changes implemented by Sky-Eagle and their having lost the court decisions,
the IAFF still allowed the charges to proceed. This action by the IAFF was the first of now
many actions that violate the agreement between IAFF and HPFFA, and, in addition to breaching
the governing agreements, this act is part of 1AFF's concerted activity to thwart the business of
HPFFA, interfere with its contractual relationships; and, moreover, discriminate against HPFFA.
All of this is part of a retaliatory effort, in which the former leadership of HPFFA who lost
power after the 20-13 5
are using their relationships with IAFF leadership to block the changes that
had been made.
The improper conduct of the IAFF continues as follows. Following the Court rulings
referenced above,. HPFFA notified its members- of the Court actions. A series of charges and
allegations were made against HPFFA's President Sky-Eagle and instead of following its by-laws
and its contractual agreement with HPFFA, IAFF decided to ignore the contracts, the law and the
facts, causing HPFFA to be unable to conduct its routine business.
In June 2014 the HPFFA Board of Directors ( BOD ) made a motion to attend the IAFF
Convention in Cincinnati Ohio, which was denied by President Sky-Eagle due to By-Law
conflicts as well as the fact that the trip was akin to a boondoggle
. s
a time that the HPFFA had
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all members of the subordinate union are either directly or
indirectly involved as parties, witnesses or otherwise, in the
conduct giving rise to the charges brought against the accused.
Further, IAFF, through Sandy McGhee its regional Vice President, advises Sky-Eagle
that the trial board that has not yet even been selected will remove Sky-Eagle from office based
on Sky-Eagle, as President of HPFFA, sending a detailed financial email to HFPPA's members,
which was part of his effort to achieve greater transparency. Mr. McGhee advised President
Sky-Eagle that he would speak to the chosen members of the possible trial board, further tainting
HPFFA's right to a fair and impartial trial on the charges. TAFF has violated their respective
contractual and fiduciary duties and now have made clear that any trial has been pre-
determined, the result being removal of the duly elected President of HFPPA without any voice
of the membership and certainly no fair trial. The IAFF's improper motives are made clearer by
its failure to follow even its own by laws on such trials and the venue and selection of the trial
panel.
The vocal minority have ,continued their efforts to thwart Sky-Eagle's efforts to reform
the HPFFA's governance. On July 3, 2014, at a duly called and noticed general membership
meeting, some of the disgruntled leadership made a motion for a vote to survey the membership
about calling for Sky-Eagle's resignation. The motion was seconded, and a vote was taken.
However, the motion failed overwhelmingly.
After the vote failed, the disgruntle minority looked to their friend the TAFF to continue
the attacks on HPFFA. By letter dated July 9, 2014, HPFFA received notice that certain
members of its BOD (not any official action by the BOD) have requested that HPFFA's President
Sky-Eagle be suspended pending trial on the charges filed by these same. directors. The request
is not valid under HPFFA by laws, but now HPFFA has reason to believe based on the conduct
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set forth above, that IAFF will ignore its rules and take unilateral action that will effectively stop
HPFFA's ability to conduct business and oust its duly elected President without due process.
Most recently after the failed vote for Sky-Eagle's resignation followed by the request to
suspend Sky-Eagle, the financial director, Jimmy Campbell ( Campbell ) has stopped signing
paychecks and other checks in the ordinary course of business for the following HPFFA workers:
1. Roy Camberg, HPFFA general counsel since November 2013;
2.
Reyne Hirsch, HPFFA Media Consultant since January 2014;
3.
Various HPFFA standing committee members who were appointed by Sky-Eagle in
accordance with the HPFFA bylaws.
With the latest request to suspend HPFFA's President Sky-Eagle pending and belief that
the IAFF will remove the duly elected President Sky-Eagle without any fair and impartial trial,
HPFFA fears immediate imminent harm will occur if a TRO and subsequent temporary
injunction is not entered against the IAFF enjoining the suspension of HPFFA's President-Sky-
Eagle, before conducting
:a fair_ and impartial trial against Sky-Eagle in accordance with its
Agreement with HPFFA.
VI. CAUSES OF ACTION
A. BREACH OF CONTRACT
The foregoing paragraphs_are incorporated herein by reference.
Through the above described conduct, the IAFF has breached, and has anticipatorily
breached its Agreement with HPFFA which has proximately, resulted, and will proximately
result, ir damages.
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Additionally, .Defendant's arbitrary and discriminatory conduct is and will continue to
occur, depriving Plaintiff of its rights and remedies under the Contract. Plaintiff will be harmed
by these actions without an adequate remedy in equity or law.
B.
BREACH OF FIDUCIARY DUTY
The foregoing paragraphs are incorporated herein by reference.
The IAFF and its officers and directors have a fiduciary duty to each of its members to
act in the member's best interest not the TAFF' s self-interest, including but not limited to
following its own bylaws, and ensuring that its actions are unbiased and free of discrimination.
The IAFF has breached its fiduciary duty to HPFFA by, among other things, not dismissing
frivolous charges, failing to comply with its expressed bylaws and conspiring with certain
members of HPFFA. The IAFF is breaching its fiduciary, duty to protect the HPFFA President
by maintaining neutrality and ignoring its role as gatekeeper and, consequently, to protect
HPFFA's President in his position.
C.
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONSHIP.
The foregoing paragraphs are incorporated by reference.
Through their conduct as described above, the IAFF has intentionally and willfully
interfered with the contractual relationships between HPFFA's President and the members of
HPFFA, and the HPFFA itself. Such ,tortious interference has directly impacted the ability of
HPFFA to conduct business and for its .President to perform his duties as outlined in its own
bylaws.
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D. DISCRIMINATION FO R NO N-UNION STATUS/VIOLATIONS OF THE TEXAS
LABOR CODE
The foregoing paragraphs are incorporated by reference.
The IAFF has failed to take action based upon discrimination against HPFFA because of
its status of not belonging to the Texas State Association of Firefighters, a state union. The IAFF
has a long history of appointing corporate officers that were previously State Union Presidents.
Here, District VP Sandy McGhee willfully disregards the selection of a proper neighboring union
in Austin or San Antonio because they too do not belong to the State Association. Instead, he
discriminates against HPFFA by selecting Beaumont for the trial board members knowing that
Beaumont has close ties to Houston, is a member of the State Association and knowingly.
violates IAFF's own bylaws that do not allow this selection.
E.
CONSPIRACY
'The foregoing paragraphs are incorporated by reference.
IAFF has engaged in conduct which constitutes varying torts under the laws of the State
of Texas. The IAFF has acted in concert with and in furtherance of the torts of other directors
and individual members of HPFFA. The IAFF engaged in conduct to accomplish an unlawful
purpose or a lawful purpose by unlawful means. The IAFF and certain HPFFA officers had a
meeting of the minds on the object or course of action. The IAFF committed an unlawful, overt
act to further the object or course of action. Such conspiracy proximately caused damages to
HPFFA in an amount within the jurisdictional limits of this Court for which HPFFA requests
recovery.
IRRPERABLE HARM SUPPORTING A TEMPOARY RESTRAINING ORDER
With certain HPFFA's members latest request to suspend HPFFA's president and IAFF's
admission that the removal of the duly elected President is now likely to occur without any trial,
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HPFFA fears immediate imminent harm will occur if a TRO and subsequent temporary
injunction is not entered against the IAFF enjoining the suspension of HPFFA's president Sky-
Eagle.
THE RIGHT TO INJUNCTIVE RELIEF
Grounds for injunctive relief exist when relief requires the restraint of some act
prejudicial to the applicant, or where the principles of equity are required. Because certain
HPFFA members have petitioned the IAFF to summarily suspend Sky-Eagle for frivolous
causes, and the fact that a pack has already been formed between the IAFF these members, any
suspension summarily made by the IAFF would be prejudicial to HPFFA by allowing these
members and the IAFF to remove Sky-Eagle's ability to serve as the duly elected President by
the HPFFA membership, and performing all the duties the membership requires.
REQUEST FOR TEMPORARY RESTRAINING ORDER
AND TEMPORARY INJUNCTION
The foregoing paragraphs are incorporated herein by reference.
.
As set forth above, IAFF has breached its Contract
-
With respect to trial proceedings and
upon information and belief is attempting to suspend and remove HPFFA's President from office
without due process and in violation of its By-Laws, Constitution and Agreement with HPFFA.
The IAFF, unless restrained from engaging in the conduct described above, will continue
to engage in such conduct, thereby causing immediate and irreparable harm to the HPFFA and its
members. Therefore, HPFFA requests that the IAFF be immediately and temporarily restrained
nd enjoined from suspending or removing HPFFA's President and also from failing to comply
with the terms of the Contract with HPFFA, its own By-Laws and Constitution, and from making
modifications to the provisions set out in its Constitution and By-Laws, including restraining the
IAFF from:
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a.
Removing or suspending HPFFA's President Sky-Eagle;
b.
Altering or modifying the venue and trial selection panel portions of its
Constitution and By-Laws;
c.
Conducting a trial board;
c.
rdering HPFFA to expend funds that it chooses not to.
VII. CONCLUSION
For the reasons set forth above, Plaintiff requests that the Court:
1.
Grant its Application for Temporary Restraining Order;
2.
Grant its Application for Temporary Injunction;
3. Award actual damages;
4.
Award Plaintiffs' attorneys' fees and costs of Court;
5.
Award Plaintiff pre-judgment and post-judgment interest at the maximum legal
rate; and
6.
Grant Plaintiff such other and further relief for which it is justlyentitled.
Respectfully submitted,
THE CAM BERG LAW FIRM, P.C.
/s/ Roy Camber&
Roy Camberg
SBN: 03674595
17225 El Cam ino Real, Suite /1/14
HOuston, Texas 77058
Tel: 281) 486-6900
Fax: (281) 486-4695
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BOHREER & ZUCKER LLP
E. M ichelle Bohreer
SBN: 06717100
Todd J. Zucker
SBN: 22290465
Two G reenway Plaza, Suite 600
Houston, Texas 77046
Tel:
713) 526-8100
Fax: (713) 526-8105
ATTORNEYS FOR PLAINTIFF
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8/1/2014 3:33:24 PM
Chris Dan iel - District Clerk
Harris County
Envelope No: 2027746
By: CUERO NELSON
014-44222/ Court: 215
VERIFICATION
STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned Notary Public, on this day personally appeared Bryan
Sky-Eagle, President of Houston Professional Fire Fighters Association, Local 341, who, after
being duly sw orn, stated under oath that he is the P resident of the Plaintiff in this action, that he
has read the above Plaintiffs' Verified Original Petition, Application for Temporary Restraining
Order and Temporary and Permanent Injunction and Request for Disclosures; and that every
factual statement contained therein is within his personal knowledge and is true and correct, to
the best of his knowledge and that this pleading is authorized and filed on behalf of HPFFA, in
his capacity as President of HPFFA.
Bryan Sky-Eagle, President
HPFFA, Local 341
SUB SCRIBED AN D SW ORN TO before me, the undersigned notary public, on this the
1' day of August, 2014, to certify which witness my hand and official seal.
72c_A-9
WM
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1
3
1 B IN AND FOR THE
STATE OF TEXAS
Comm ission Expiration D ate:
614 1
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Page 1
of1
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2014-44222 / Court: 215
Contents
ARTICLE I
ORGANIZATION
Section 1. Name
Section 2. References
Section 3. Basic Rules
Section 4. Government
Section 5. Assistance in Disputes and Grievances
Section 6. Rules of Order
ARTICLE II
OBJECTIVES AND PURPOSE
ARTICLE III
0
MEETINGS
0
Section 1. Time
0
Section 2. Place
0
Section 3. Special Meetings
0
Section 4. Quorum
0
Section 5. Attendance and Participation
0
Section 6. Changing Time of Regular Union Meeting
0
Section 7. Order of Business
0
ARTICLE IV
2
INITIATION FEES AND DUES
2
Section 1. Initiation Fees and Dues
2
Section 2. Special Assessments
2
Section 3. Delinquent Members
2
Section 4. Reinstatement after Suspension
2
Section 5. Maintenance of Good Standing
3
ARTICLE V
4
MEMBERSHIP
4
Section 1. Who May Become a Member
4
Section 2. To Whom Applications are Presented
4
Section 3. Probationary Fire Fighter's Membership
4
Section 4. Presentation of Official Card, etc.
4
Section 5. Separation
4
1
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Section 6. Re-entrance into the Department
5
Section 7. Members on Pension
5
Section 8. Honorary Members
5
ARTICLE VI
6
OFFICERS OF THE LOCAL
6
Section 1. Officers and Their Tenure of Office
6
Office Tenure of Office
6
Section 2. President Emeritus
6
ARTICLE VII
7
ELIGIBILITY FOR OFFICE
7
Section 1. Eligibility to Hold Office
7
Section 2. Rights of Candidates
7
Section 3. Use of Funds Prohibited in Elections
7
ARTICLE VIII
8
NOMINATION OF OFFICERS
8
Section 1. Method of Nomination
8
Section 2. Notice of Nominations
8
Section 3. List of Nominees
8
Section 4. Acceptance by Nominees
8
Section 5. Candidate Limited to One Office
8
ARTICLE IX
9
ELECTION OF OFFICERS
9
Section 1. Method of Election
9
Section 2. Regular Election
9
Section 3. Run-Off Election: Date and Location
9
Section 4. Installation of Officers
9
Section 5. Delegates and Alternates
9
ARTICLE X
0
BALLOTING
0
Section 1. Balloting 0
Section 2. Election Committee and Tellers
0
Section 3. Ballots
1
Section 4. Membership List of Eligible Voters
1
Section 5. Confidentiality
1
Section 6. Election Results
1
2
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ARTICLE XI
2
DUTIES OF OFFICERS
2
Section 1. President
2
Section 2. Communication Director
3
Section 3. Financial Director
3
Section 4. Board of Directors (6 members)
4
Section 5. Board of Trustees
4
ARTICLE XII
6
SALARIES AND EXPENSES OF OFFICERS
6
Section 1. President
6
Section 2. Communication Director
6
Section 3. Financial Director
6
Section 4. Legislative Director 6
Section 5. Compensation for Directors, Committee Chairs, and Committee Members
6
Section 6. Convention Delegates and Committee Members
7
Section 7. Other Officers and Members
7
Section 8. Members' and Officers' Expenses Inside City
7
Section 9. Enumerate and Verify Expense
7
Section 10. Election Committee and Part-time Workers
7
Section 11. Legal Fees and/or Expenses
7
Section 12. Members Owing Money
8
ARTICLE XIII
9
BOARD OF DIRECTORS
9
Section 1. Structure of Board of Directors
9
Section 2. Board of Directors Quorum
9
Section 3. Report to Regular Meeting
9
Section 4. President Banned from Holding Any
Other Office
9
Section 5. Transaction of Business Between Meetings
9
Section 6. Death or Removal from Office of Any Officer
9
Section 7. Property in Custody of Officers
0
Section 8. Monthly Publication
0
ARTICLE XIV
1
COMMITTEES
1
Section 1. Appointment of Committees
1
Section 2. Organization
1
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Section 3. Abolishment of Committees
2
Section 4. Caucus Committees
2
Section 5. Parliamentarian
2
ARTICLE XV
3
AMENDMENTS OR ALTERATIONS TO BY-LAWS
3
Section 1. Who May Submit
3
Section 2. Proposal of Amendment
3
Section 3. Adoption of Amendment
3
ARTICLE XVI
4
MISCONDUCT AND TRIALS OF MEMBERS
4
Section 1. Misconduct Charges and Trial
4
Section 2. Appeals
4
ARTICLE XVII
5
RELATIVE ASSISTANCE FUND
5
Section 1. Organization
5
Section 2. Eligibility
5
To be eligible for membership in the Fire Fighter's Relative Assistance Fund, a fire fighter must be in
full accordance with the following:
5
Section 3. Retirement
5
Section 4. Leave of Absence from the Fire Department
5
Section 5. Delinquent
6
Section 6. Supervision
6
Section 7. Benefits
6
Section 8. Amendments
7
ARTICLE XVIII
8
HOSPITAL FUND
8
Section 1. Organization
8
Section 2. Eligibility
8
Section 3. Supervision
8
Section 4. Limitations and Benefits
8
Settibli 5: Fun
dirTg
-
ahd Retirement
-
9
Section 6. Amendments
0
ARTICLE XIX
1
RETIREE ORGANIZATION
1
ARTICLE XX
2
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ONLINE VOTING FOR MOTIONS AND AMENDMENTS AND
2
COLLECTIVE BARGAINING AGREEMENTS
2
Section 1. MOTIONS
2
A.
PROCEDURE
2
B.
VOTER ELIGIBILITY
2
C. AMENDMENT TO THE CONSTITUTION OR BY-LAWS
2
Section 2. COLLECTIVE BARGAINING AGREEMENTS 3
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ARTICLE I
ORGANIZATION
Section 1. Name
This organization shall be known as the Houston Professional Fire Fighters Association.
Section 2. References
References in this Constitution and By-Laws to Local or Local Union or Houston
Professional Fire Fighters Association Local 341 shall refer to the International Association
of Fire Fighters Local 341.
Section 3. Basic Rules
This Local Union, its Officers, Representatives, and Members shall recognize, observe, and be
bound by the provisions of the Constitution and By-Laws of the International Association
and the interpretations rendered by the IAFF General President, decisions and directives of
the Executive Board or Officers of the Association when made in conformity with the
authority granted by the Constitution and By-Laws of the Association, and the resolutions
adopted and policies established by the delegates at conventions. Article XIII of the
Constitution and By-Laws of the Association is recognized as providing the basic rules
governing this Local.
Section 4. Government
The membership, in quorum, at regulaior special meetings of this Local shall be the supreme
authority of this. Local and shall constitute its highest legislative, executive, and judicial body.
All decisions and actions of the membership shall be binding upon all officers and members
of this Local. They shall have sole authority to make, amend, revise or modify the laws for
the Government of this Local except as may be reserved by the Constitution and By-Laws of
the International or except as such laws may be superseded by applicable federal or state
law.
Between meetings of the Local, all administrative, executive and judicial powers of the Local
shall be vested in the Board of Directors except as otherwise expressly provided in this
Constitution and By-Laws. It is the obligation and responsibility of every officer and member
to comply with the provisions of this Constitution and By-Laws and the decisions of the Local
and its officers in conformity therewith;. and they shall refrain 'from any conduct which
interferes_with_the_performance_of_thelocal_inits_obligations_under_law_or_contract_or any
conduct which defeats or subverts the lawfully declared and established policies and
objectives of the Local, or which may defame it or any of its officers or members.
Prior to the regular. January meeting, the Board of Directors shall hold a meeting and prepare
an estimate of expenses for the next fiscal year in such detail as, to them, may seem expedient
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and practicable. Such estimate shall be presented at the January meeting of the members for
approval, and when approved, the total thereof shall be known as the annual estimate. The
fiscal year of Local 341 shall be January 1si to Decem ber 31st. An annual report of the receipts
and expenditures of the preceding year shall be made available at the regular membership
meeting in June.
Section 5. Assistance in Disputes and Grievances
Upon written request by any member to the President or any member of the Board of
Directors, the Association will render all reasonable and possible assistance within its
financial and organizational capabilities in the handling of disputes and grievances, except
as provided in Article XII Section 10.
Section 6. Rules of Order
1.
When the President takes his chair, the officers and members shall take their
respective places, and at the sound of the gavel, all shall be silent.
2. Every Officer and Member shall be designated, in debate or otherwise, by his proper
title, according to his standing in the Local, and the President shall name the member
to whom he gives the floor to debate.
3. The P resident shall decide all points of order, which shall be final, unless appealed to
from the floor, when the question shall be: Shall the decision of the Chair be
sustained? The. President and the appellant shall -have the privilege of giving their
reasons for their positions, but otherwise an appeal from a ruling by the Chair shall
not be debatable:
4.
The Local shall be governed in debate by Robert's Rules of Order to the extent that
such-Rules are not superseded by express provisions of this Constitution and By-
Laws, including these Rules of O rder.
5.
If a member, while speaking, is called to order by the President, he shall cease
speaking and take his seat, until the question of order is determined.
6.
A secret ballot shall be recorded at the request of twenty-five percent (25%) of the
members present and voting.
7. A member shall not speak or otherwise interrupt the business of the Local when the
Minutes or other papers are being read, or when any member is speaking in debate.
8.
When a member speaks, he shall stand up and address the Chair, and a member shall
not disturb another in his speech, unless to call him to order.
9.
Members:
shall confine themselves to the question under debate and avoid all
personalities and any reflection on the Local or its members. Members shall be
limited to five (5) minutes when speaking in debate every time they have the floor.
0. A Member
shall-not-speak .
more than once_on _the same subject_or_question, until all
the 'members wishing to sPeak have had an opportunity to do so, nor more than twice
without permission of the Chair or a vote by the members present, which shall be
taken without debate, and a member, while speaking, shall not call another by his
proper name; but shall use the word Brother/Sister.
11. A member misbehaving at a meeting of the Local, either by abusive, disorderly or
profane language or conduct, or by refusing obedience to the presiding officer, shall
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be, duly censured for his offense by the Chair, and if he offends again, he may be dealt
with as the Local may determine.
12.
A motion shall not be subject to debate, until it has been seconded and so stated by
the Chair.
13.
When the reading of any paper or other matter is called for, and the same is objected
to by any member, it shall be determined by a vote of the members present without
debate. When a question is indefinitely postponed, it shall not be acted upon again
during this or the next succeeding meeting.
14.While the Chair is putting the question, none shall walk out or cross the room, nor
entertain private discourse.
15.
A motion to reconsider shall not be received unless made and seconded by members
who voted with the majority in the first instance.
16.
The Chair or any member doubting the decision of a question may call for a division,
and a count of the affirmative and negative votes which shall be taken by the
designated Communication Director.
17.
Any of the foregoing rules of order may be suspended by a two-thirds vote of the
members present.
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ARTICLE II
OBJECTIVES AND PURPOSE
Strength through united action, guided by intelligence, is the hallmark of a Trade Union
Organization. Believing such unity is essential for the mutual protection and advancement
of the interest and general welfare of Houston Fire Fighters, we have formed this Association
for the following reasons: to secure just compensation for our services and equitable
settlements of our grievances; to promote the establishment of safe, just and reasonable
working conditions; to place the members of our Association on a higher plane of skill and
efficiency; to promote harmonious relations between Fire Fighters and our employer; and to
cultivate friendship and fellowship among all members.
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ARTICL E III
MEETINGS
Section 1. Time
Houston Professional Fire Fighters Association, Local 341 shall hold at least one regular
meeting per month as established by the Board of Directors of Local 341. This meeting will
be held at 7:00 pm. on the date designated by the Board of Directors.
Section 2. Place
All regular and special called meetings of this Local shall be established by a majority vote of
the Board of Directors.
Section 3. Special Meetings
In order for a special called meeting to be held, all members in good standing shall be given
at least seven (7) days advance notice, in writing, of such special called meeting, setting put
the date, time, and subject of such meeting.
Section 4. Quorum
Twenty-five (25) members of the Local, not including elected Board of Directors and
Trustees, shall constitute a quorum to conduct a meeting. This shall mean that twenty-five
(25)-
donelected
members shall be present at each meeting. _
Section 5. Attendance and Participation
Every member in good standing shall have the right to attend any general or special meeting
and participate in such meeting in accordance with their recognized rules as set forth in the
manual of parliamentary procedure adopted by this Local. Members shall conduct
themselves in such a manner as not to interfere with the legal or contractual obligations of
the Association or of this Local.
Section 6. Changing Time of Regular Union Meeting
The date, time, and location of the regular meeting can only be changed by a majority action
of the Board of Directors.
Section '7. Order of Business
1. Call to order by the President
2. Invocation by the Chaplain or other member designated by the President
3.
Roll Call of Officers
4. New Members
5.
Approve Minutes
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6.
President's Report
7. Financial Report
8.
Report of Committees
9. Report of Caucuses
10.Report of Trustees
11.
Unfinished Business
12.New Business
13.
Good and W elfare
14.
Adjournment
11
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ARTICLE IV
INITIATION FEES AND DUES
Section 1. Initiation Fees and Dues
The initiation fees for membership in Local No. 341 shall be $15.00 (deducted from the first
months dues). The dues of Local No. 341 shall be one percent (1%) of the monthly base pay
of a first year Fire Fighter, Grade III. When computing said dues, they shall be rounded off to
the nearest fifty cents (.50). Said dues are payable by the 15th of the month. All Fire Fighters
becoming members of this Local after January 1, 1962, shall pay their dues by payroll
deduction.
Section 2. Special Assessments
Whenever increases in the rates of initiation fees, reinstatement fees, dues, assessments or
the levying of new assessments of this Local are proposed, notice of such proposal shall be
given to the members and a date set for submission of the proposed increase which shall be
at least thirty (30) days after such notice is given. On the date set, this Local shall submit the
proposal for approval in the following manner: By majority vote of the members in good
standing, present and voting by recorded vote at a general or special membership meeting.
Section 3. Delinquent Members
Members who fail to pay their dues or assessments within the periods prescribed by the
International Association Constitution and By-Laws, or as required by this constitution, shall
be notified by the Financial Director that they are delinquent and will automatically be
suspended and lose their good standing if payment is not made within sixty (60) days
following such notification. Members who have become delinquent in dues or assessments
due to military obligations will not_be suspended, but remain in good standing until such
time the member completes their military obligation. Delinquent and suspended members
are not entitled to voice or vote in the Local Union or in the affairs of the Association.
Section.. Reinstatement after Suspension
From June 1, 1998 to September 1,1998, any non-union member_ may join or rejoin Local
341 without payment of back dues. The current five dollar ($5.00) assessment payment from
those members who have previously rejoined will be waived. After September 1, 1998, any
members of Local 341 who have been suspended may be reinstated after making a written
request and the payment of twenty-five dollars ($25.00) as a reinstatement fee, together
with the payment of-all back-dues-and-assessments.
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ARTICLE V
MEMBERSHIP
Section 1. Who May Become a Member
Any person of good moral character who is a regular member of the Houston Fire
Department may become a member of this Local. Members participating in the Houston
Firemen's Relief and Retirement Fund [DROP] Deferred Retirement Option Plan are
considered regular members of the Houston Fire Department for as long as they are
employed by the Houston Fire Department as a classified member covered under Local
Government Code 143.00.) Anyone eligible for membership in this Local shall not be refused
membership or, upon acceptance, be discriminated against because of race, color, gender,
sexual orientation, creed, national origin, or by reason of disability.
Section 2. To Whom Applications are Presented
Applications for membership in this Local shall be presented to the Financial Director. Said
application shall be submitted to the members for their approval or rejection at the next
regular Local meeting.
Section 3. Probationary Fire Fighter's Membership
As soon as a recruit is placed in the field, or applicable statutory or contractual probation
period ends as a Fire Fighter, or twelve (12) months from his/her date of hire, whichever
comes first, he/she may become a member of Local 341. He/she may then be initiated into
Local 341. If any new member (recruit) fails to make proper application to this Local at the
time of his/her employment, all dues and assessments shall accrue against-him/her starting
sixty (60) days from the date he/she becomes eligible for membership.
Section 4. Presentation of Official Card, etc.
Every member, upon obligation by this Local, shall be presented by the Financial Director
his/her official Union card and a copy of the By-Laws.
Section 5. Separation
When any member in good standing becomes separated from the fire service or is precluded
by law or local ordinance or contractually from maintaining union membership by virtue of
their fire department 'position, this Local Union may allow said member to retain his/her
active membership or, in_lieu thereof, up_on request of said member, shall issue member a
withdrawal card, provided, however, that a member who is duly elected as an officer of the
International Association of Fire Fighters, or elected or appointed as a representative of or
to an affiliated labor organization, shall retain his/her active membership in this Local Union.
No reinstatement fee shall be charged upon reentry into the organization with a withdrawal
card.
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Section 6. Re-entrance into the Department
Any member in good standing who, after leaving the service of the Houston Fire Department,
returns to the service of the Fire Department, and has been approved as such must begin
paying his/her regular dues and assessments within sixty (60) days.
Section 7. Members on Pension
Privileges of members on pension with withdrawal cards are as follows: Any retired member
of the Houston Fire Department shall, after receiving a withdrawal card from Local 341, be
entitled to attend all regular meetings. Any retired member holding a withdrawal card, if
he/she so desires, may hold his/her membership in the Hospital Fund and the Relative
Assistance Fund or any other sponsored welfare fund, upon the payment of said dues of each
respective fund. May participate in the HPFFA Local 341 Retiree Organization by paying the
established dues and fees in Article XIX.
1.
Said member of retirement shall not be allowed floor privileges in any discussion.
2.
He/she shall not be allowed to vote on any matter coming before this Local.
3.
He/she shall not hold any elective office in this Local.
Section 8. Honorary Members
For, meritorious service to this Local,or for distinguished public service, persons: may be
elected honorary members of this Local by a-majority vote of the members-present at-the -
General Membership meeting. Honorary members shall not pay initiation fees, dues or other
charges and shall have no voice or vote in the Local. Such membership may be revoked for
cause:A perpetual list of honorary members will be maintained at the Union Hall.
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ARTICLE VI
OFFICERS OF THE LOCAL
Section 1. Officers and Their Tenure of Office
The Officers of this Local and their tenure of Office shall be as follows:
Office Tenure of Office
Board of Directors
President
years
Financial Director
years
Communication Director
years
Director Position 1
years
Director Position 2 years
Director Position 3 years
Director Position 4
years
Director Position 5 years
Director Position 6 years
Board of Trustees
Trustee Position 1
Trustee Position 2
Trustee Position 3
Section 2. President Emeritus
3 years
3 years
3
years
Any member holding the position of President for three (3) full terms shall be granted the
position of President Emeritus. Benefits of this position shall be: a. International Convention
privileges excluding per diem and voting privileges. b. Paid expenses for hotel,
transportation, and meals as provided by the Constitution and By-Laws of Local 341 and
submitted to the Board of Directors.
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ARTICLE VII
ELIGIBILITY FOR OFFICE
Section 1. Eligibility to Hold Office
Only those members in good standing with Local 341 who are not paying back dues or
assessments are eligible to hold an elective office in the Local. Members participating in the
Houston Firemen's Relief and Retirement Deferred Retirement Option Program may hold an
elective office during the time they participate in the DROP.
Section 2. Rights of Candidates
Every candidate for office shall have the right to request distribution of campaign literature,
by mail or otherwise, to all members in good standing, at the candidate's own personal
expense. If this request is granted by the Local, all other candidates for office shall receive
the same privilege. There shall be no discrimination in favor of or against any candidate with
regard to the use of membership lists.
Section 3. Use of Funds Prohibited in Elections
No funds received by this Local through initiation fees, dues or assessments or otherwise,
shall be contributed or applied to promote the candidacy of any person in election of officers.
This section does not prevent the expenditure from Union funds for notices, factual
statements of-issues, and other necessary expenses to conduct elections so long as they don't
involve promotion of any candidate.
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ARTICLE VIII
NOMINATION OF O FFICERS
Section 1. Method of
Nomination
Nomination for officers of this Local shall be held at the regular meeting in the month of June
of each year. Nominations shall include all the elective officers whose terms expire.
Section 2. Notice of Nominations
All members in good standing shall be given at least fifteen (15) days advance notice, in
writing, of the date, time, and place at which nomination of officers of this Local shall be
made. Any member in good standing may nominate eligible members for office.
Section 3. List of Nominees
All fire stations and other divisions of the Fire Department shall be furnished with a list of all
candidates nominated and accepting their nominations by the first of the month following
such nominations.
Section 4. Acceptance by Nominees
The Election Committee of the Local shall &Iffy in writing by Certified mail within three (3)
days after nomination, all
candidatps_nominated for office to determine whether or not they
will accept such nomination and serve the Local if elected. Said nominee to be eligible as a
candidate shall so notify the Election Committee, in. writing by certified mail or hand
delivery, of his/her intention to run for the respective office,byJune 20, following his/her
nomination.
Section 5. Candidate Limited to One Office
No candidate's name may appear more than once on the Local ballot nor shall any member
hold more than one elective office of the Local at any given time.
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ARTICLE IX
ELECTION OF OFFICERS
Section 1. Method of Election
Only those members of Local No. 341 who are in good standing shall be entitled to vote in
any election of officers of the Local. Election shall be by secret ballot, even though only one
candidate is nominated for a given office. There shall be no voting by proxy in any election
of Local Union officers. Probationary Fire Fighters of Local 341 who are in good standing
shall be entitled to vote in any election of the Local.
Section 2. Regular Election
The election of officers of this Local shall begin and conclude on the dates established by the
Board of Directors and the results announced and posted at the regular meeting in the month
of August of each year. Each member in good standing shall be given at least fifteen (15) days
advance notice, in writing, sent by mail to the last known address of the member, of the date,
time and place at which elections shall be held. The candidates receiving a majority vote shall
be declared elected. (Majority Vote: An excess of over one-half of votes cast.) Should any
candidate fail to receive a majority vote of the votes cast, then there shall be a run-off election
between the two candidates receiving the most votes cast in that respective position.
Section 3. Run-Off Election: Date and Location
Should it be necessary that a run-off election of officers be held, said run-off election shall
begin and conclude on the dates established by the Board of Directors and the results
announced and posted at the regularly scheduled Union Meeting in October. If the final ballot
of any officer election results in a tie between the candidates, the winning candidate for office
shall be selected by the drawing of lots in the presence of both candidates.
Section 4. Installation of Officers
The installation of all duly elected officers of this Local shall be held at the regular meeting
in October of each year. Before entering upon the duties of their respective offices, they shall
subscribe to the obligation as provided in the Manual of Common Procedure for use of Local
Union of the International Association of Fire Fighters.
Section 5. Delegates and Alternates
Delegates_and.Alternates_to_the_IAFF_Convention_shall_be_elected by secret ballot of the
members in good standing. The credentials of delegates and alternates must be certifying to
this method of election. Members of the Board of Directors shall be Delegates to the IAFF
Convention by virtue of their election to the Board of Directors of this Local, limited by the
IAFF Constitution and By -Laws A rticle XIII, Section 15.
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ARTICLE X
BALLOTING
Section 1. Balloting
All balloting for the election of the Board of Directors and the Board of Trustees shall be
secret and shall be done by an all mail-in ballot system. The ballot shall be printed on paper
which cannot be reproduced for the election of the Board of Directors and Board of Trustees.
All balloting for contract approval and other elections of the Local shall be determined by
the Board of Directors with the approval of the membership.
Section 2. Election Committee and Tellers
The President shall appoint an Election Committee consisting of three (3) members prior to
the regular membership meeting in April of each year for the purpose of conducting the
regular and run-off elections of the Local. The Election Committee shall be responsible for
recommending the election dates to the Board of Directors for approval and shall conduct
the nominations at the regular membership meeting in June. The Election Committee shall
notify the membership of the nominations and election 45 days before the regular
membership meeting in June on each year. The Election Committee shall recommend the
Election Teller to the Board of Directors for approval at the regular membership in May of
each year. The Election Teller shall be an outside professional company employing an
independent auditor. It shall be the responsibility of the Election Tellers to tally the votes for
the safekeeping and validity of the ballots, in accordance with the by-laws. The Election
Committee shall require the mailing service used for the election to make written
representation that all labels and ballots received have been fully accounted for and mailed
in a responsible manner.
The Election Committee shall see that each ballot envelope printed is accounted for by its
individual number. The unused ballots shall be obtained from the mailing service by the
Tellers.
The Election Com mittee will hold a meeting of the nom inees at the offices of the Local on the
14th day after the General M eeting at which the nominations were accepted, to draw for ballot
positions and to explain the election procedures. Each nominee shall be asked how he/she
wishes his/her name to appear on the ballot. The Election Committee will then publish a list
of candidates in the order in which they will appear on the ballot for posting in all fire
stations and support areas of the Department.
The Election comm ittee sh
-all sen
-
d to
-
all fire stations and support areas a letter announcing
when the ballots will be mailed. This notice shall be sent at least three (3) days but no more
than seven (7) days prior to the mailing of the ballots.
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Section 3. Ballots
1.
No ballots containing a reference to a write-in candidate will be counted.
2.
Members not receiving a BALLOT shall contact the Election
3.
Committee to receive a new BALLOT from the Tellers.
4.
Ballots for the election of members of the Board of Directors shall
5.
contain the following information: By virtue of his/her election to the Board of
Directors they shall be elected delegates of this Local to the Convention of the
International Association of Fire Fighters. Article IV, Section 2, of the IAFF
Constitution and By-Laws shall determine the maximum of delegates allowed to
attend.
Section 4. Membership List of Eligible Voters
Local 341 shall provide the teller (auditor) two (2) lists and the mailing service one (1) list
(mailing labels) containing the current names and addresses of all active members. Local
341 shall certify that each list is identical. The auditor will then use the lists in order to record
returned ballots.
Section 5. Confidentiality
The.
Board of Directors shall develop a procedure for the mail-out ballots guaranteeing
confidentiality and securing a secret ballot for each member voting. The procedure shall
contain a system to provide for a printed name, signature and payroll number.
Section 6. Election Results
Within seven (7) days after any election in the Local, Local 341 shall furnish all fire stations
and other divisions of the Fire Department with a certified list of those 'candidates whose
names appeared on the ballots and the number of votes cast for each. The records and ballots
of all elections shall be preser'ved by the Local for one (1) year following an election.
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ARTICLE XI
DUTIES OF O FFICERS
Section 1. President
The President shall be the executive head of Local 341 and shall preside at all meetings of
the Board of Directors, regular and special called meetings of the membership. He/she shall
be a delegate to all conventions and shall exercise all rights and privileges of a delegate
whenever such action is necessary. He/she shall also be a member ex-officio of all
committees.
a. It shall be the duty of the President, whenever he/she shall have received a petition
signed by one hundred (100) members in good standing setting forth the reasons for
said special called meeting and the subject matter to be discussed, to call a special
meeting of the Local. Before said special called meeting can be held, the President
shall comply with the provisions of Article Three (III) Section Three (3), and further,
it shall be necessary for at least twenty-five (25) members of those members signing
such petition to be present and in attendance at each special called meeting.
b.
He/she shall strictly enforce all the provisions of the Constitution & By-Laws, rules
and customs.
c.
He/she shall create all committees, subject to the approval of the Board of Directors,
d. provided, however, that all committees be approved or rejected by vote of the G eneral
membership.
e. He/she shall, in the event o f a tie vote, cast the deciding vo te.
f.
He/she shall at all times represent this Local whenever and wherever representation
is needed.
g.
The President shall report in detail to the Board of Directors at its regular or special
called meeting, all transactions, meetings, conferences, conventions and any other
gathering that he/she shall have attended as President of this Local.
h.
He/she shall appoint a Chaplain for this Local and, in addition, may designate and
appoint honorary Chaplains to serve the several faiths of the membership.
i. He/she shall countersign all checks and warrants drawn by Local 341
j.
He/she shall further discharge on behalf of this Local such duties-as may be Unp osed
upon him/her by applicable law including the execution and filing of any reports to
Federal or State authorities, and he/she shall cause to be maintained by the Local such
records as the law requires to be kept in support of reports filed by it.
k.
He/she shall perform any and all other duties imposed upon him/her by this Local.
1. He/she shall see that aliofficers of the Association perform their respective duties.
m. He/she shall have the authority to call meetings of the Executive Board.
-
n.
He/she shall hire part-time assistance and help as needed.
o.
He/She shall sign all expenseiand per diem vouchers prior to payment.
p.
He/She shall annually select a' Prsident Pro Tern , froth the elected Board of
Directors, to serve as President in the absent of the regular elected HPFFA President.
q.
He/she may appoint up to two (2) Parliathentarians.
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Section 2. Communication Director
a.
It shall be the duty of the Communication Director to keep true and accurate minutes
of all meetings of this Local, regular or special, and the Board of D irectors meetings.
b.
The C omm unication D irector shall keep a special book or binder, provided for by this
Local, in which all amendm ents to these By-Laws are kept in writing.
c.
He/she shall post notices of all meetings of the Local, regular or special, through the
regular accepted channels of communication.
d.
He/she shall write at least three (3) articles per year and shall forward copies of same
to the IAFF and all other kindred publications. He/she shall also maintain close
relationship with local news media.
e.
He/she shall furnish each Director with a true copy of each meeting minutes, regular
or special, seven (7) days after the preceding meeting. The minutes of all meetings of
each respective meeting shall be bound separately in a properly identified binder.
Said minutes and binders shall at all times be k ept conveniently in the Union H all.
f.
He/she shall attend all meetings of the L ocal and Board of Directors.
g.
He/she shall avail himself to all committee chairpersons and work in conjunction
with same, to transcribe, report, reproduce, and record all business matters
necessary to expedite those committee activities. He/she shall preserve copies of all
committee reports, these reports to become a part of the minutes of the meeting.
h.
The C omm unications Director, by virtue of his/her election, shall be a delegate of this
Local to the Convention of the International Association of Fire Fighters, as
determined in Article X, Section 3(c) Ballots of the Locals Constitution and By-Laws.
Section 3. Financial Director
a.
It shall be the duty of the Financial Director to receive all moneys due the Local, giving
a proper receipt for same.
b.
He/she shall deposit the money in a bank, named by the Board of Directors.
c.
He/she shall sign and pay all checks when properly drawn and countersigned by the
President of the Local.
d.
He/she shall report to the membership of the Local, the collection of all dues and
assessments collected during the current month.
e.
He/she shall be responsible for the maintenance and keeping of accurate records,
ledgers, journals, and files and said records, ledgers, journals, and files shall be
secured in the Union Hall.
f.
He/she shall report to the Board of Directors all members who have been suspended
from mem bership in the Local.
g.
He/she shall further discharge, on behalf of this Local, such duties as may be imposed
upon him/her
y
piiiicablelaw
Tincluding
the exetuting-nd-
filing
-ofany- reports to
Federal or State authorities, and he/she shall cause to be maintained by the Local,
such reports as the law requires to be kept in support of reports filed by it.
h.
The Financial Director shall give bond, arranged for by the Board of Trustees, to the
amount of ten thousand dollars ($ 10,000.00) or at least ten (10%) of the current
liquid assets of the Local, or more, whenever the Board of Trustees deems it
necessary, and the premium for said bond shall be paid for by the Local. Said bond
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shall be held in trust for the benefit of the Local by the Board of Trustees. The first
$5,000.of the bond is covered by Article XIII, Section 19 of the IAFF C onstitution and
By-Law s, if additional bond is necessary the Local shall pay the additional premium.
i.
The Financial Director shall perform any and all other duties imposed upon him/her
by this Local.
j.
The Financial Director, by virtue of his/her election, shall be a delegate of this Local
to the Convention of the International Association of Fire Fighters, as determined by
Article X, Section 3(c), Ballots of the Locals Constitution and By-Laws.
k.
He/She shall sign all expense and per diem vouchers prior to payment.
1. He/She shall have the books and accounts of this Local audited annually, and the last
such report of audit shall be forwarded to the IAFF General Secretary-Treasurer over
the seal; of the Local within 180 days of the close of the Local's fiscal year and shall
include an accurate accounting of all employees within the Local Union's Fire
Department.
Section 4. Board of Directors (6 members)
a.
It shall be the duty of the Board of Directors to render to the President direction as
may be required of him/her in all matters pertaining to this Local and in the
governance of the same.
b.
It shall be the duty of the Board of Directors to introduce all visitors to the President
of this Local and assist the President in preserving order. They shall require each
member attending a regular or special,meeting of the Local to sign his/her name in
the official permanent book provided by the Local. Any member who fails or refuses
to sign his/her name shall be considered absent from the meeting.
c.
Directors, by virtue of his/her election, shall be a delegate of this Local to the
Convention
-
of the International Association of Fire Fighters, as determined by Article
X, Section 3(c), Ballots of the Locals Constitution and By-La ws.
d.
Directors shall attend all meetings and conventions as required by the President or
membership and submit in writing a report of their activities at each meeting or
convention.
e.
Directors shall serve as the Chairperson of all standing committees as designated by
the President.
Section 5. Board of Trustees
It shall be the duty of the Bo ard of Trustees to:
a. I3e responsibleto_the_membership_for_the proper_financial operation and_condition
of
this Association.
b.
Review all expen se accounts as listed in Article XII of this Constitution and By-L aws.
c.
Set the amounts of and arrange for the bonding of all officers and employees of the
Local who handle funds or property of the Local as may be required by the Trustees
and the IAFF General Secretary-Treasurer in compliance with applicable law, the
expense of which shall be borne by the A ssociation.
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d.
Have direct control and m anagement of all budding, property, both real and personal,
owned by this Association or that this Association may have an interest in, and any
and all other property of this Association, and shall maintain same in good condition
at all times.
e.
Develop the necessary procedure to be approved by the Board of Directors for the
disbursement of the monies and assets belonging to this Association.
f.
See that all personal property owned by this Association is kept, maintained, stored,
and used at the Local H all only and is not permitted to be housed o r used at any other
place, exeept upon the express written permission by them.
g.
Conduct and maintain an annual inventory of all properties and furnishings that are
owned by this Local, and they shall at all times provided for and maintain proper
insurance coverage to adequately protect the properties and furnishings owned by
this Local against the perils of fire and other hazards to life and property.
h.
Cause the books and accounts of this Association to be reviewed annually by a
Certified Public Accountant and audited every five years or upon the request of a
newly elected Financial Director or President with approval by the majority of the
Board of Directors.
i.
Provide for voting machines or printed ballots for Association elections when
required.
j.
Supervise and direct the Fire Fighter's Relative Assistance Fund, and to promulgate
the procedure for disbursement of such fund.
k.
Supervise and direct the Fire Fighter's Hospital Benefits as listed in Article XXI of
this Constitution and By-L aws.
No money may be expended from the funds of the Association for the death of an
active or retired member except as provided for by these By-Laws.
m.
The Board of Trustees shall annually select a Chairperson.
n.
Shall report monthly to the Board of Directors of the Local.
o.
Trustees are not voting members of the Board of Directors.
p.
Trustees shall meet once each month and any other time as so deemed necessary.
q.
Two (2) members of the Board of Trustees shall constitute a quorum.)
r.
Shall attend meetings of the Board of Directors.
s.
Shall develop and -maintain a Policy Manual of HPFFA Local 341 Operations for
approval by the Board of Directors and membership.
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ARTICLE XII
SALARIES AND EXPENSES OF O FFICERS
Section 1. President
The President of this Association shall receive a monthly salary of fifty percent 50% of the
monthly highest full paid Fire Fighter base salary.
Section 2. Communication Director
The Communication Director of this Association shall receive a monthly salary of twenty five
percent (25%) of the monthly highest full paid Fire Fighter base salary.
Section 3. Financial Director
The Financial Director of this Association shall receive a monthly salary of 25% of the
monthly highest full paid Fire Fighter base salary.
Section 4. Legislative Director
a. The Legislative Director of this Local shall be allowed the necessary expenses to
represent and conduct the affairs of this Local. The Legislative Director shall only be
reimbursed the amount of money he/she spends. The Legislative Director shall
-submit each month an itemized account of all expenditures on forms provided by the
Board of Trustees, to the President and Financial Director for their approval or
rejection.
b. The Legislative Director shall have the following options as means of reimbursement:
1.
Legislative leave;
2.
As per Article XII, Section 5 Convention Delegate and Committee Members;
3.
As determined by the Board of Directors and approved by the Membership
c. The Legislative Director shall be granted leave to represent and conduct the affairs of
this Local.
Section 5. Compensation
for
Directors, Committee Chairs, and Committee
Members
a. For each hour worked, and upon submission of properly documented hours of work
as approved by the President and Trustees), Directors, Committee Chairs (except for
he Chair of the Grievance_Committee),_and_Committee_Members_ shall be_paid_the
hourly rate of the highest paid Fire Fighter base salary, not to exceed 20% of the
monthly salary of highest paid Fire Fighter base salary.
b.
For each hour worked, and upon submission of properly documented hours of work
(as approved by the President), the Chair of the Grievance Committee shall be paid
the hourly rate of the highest paid Fire Fighter base salary, not to exceed 25% of the
monthly salary of highest paid Fire Fighter base salary.
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approval of HPFFA Local 341 and seeking reimbursement of legal fees and/or expenses from
HPFFA Local 341 will be governed
by
the following:
1.
If the legal fees and/or expenses exceed $2,000.00, the membership must be notified
of the request in writing and a recorded vote will be held at the next regular scheduled
membership meeting following the notification.
2.
If the legal fees and/or expenses are less than $2,000.00, a vote will be held at the
next regular scheduled membership meeting.
Section 12. Members Owing Money
Any member owing monies to Local 341 shall apply their expenses to said monies owed.
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ARTICLE XIII
BOARD OF DIRECTORS
Section 1. Structure of Board of Directors
a. The Board of Directors of Local 341 shall be the following nine (9) members:
1.The President
2.
Communication Director
3.
Financial Director
4.Six (6) Directors
b. The Board of Directors shall meet once each month and any other time as so deemed
necessary. The Board of Directors shall have general charge of the affairs of this Local.
c. Members of the Board of Directors must be in attendance at a minimum of eight (8)
regularly scheduled Union meetings and Board meetings unless excused by the
President or forfeit their position on the Board. Verification will be by the
Communication Director, who shall keep accurate minutes and register of the
Directors attending.
d. The order of succession of the Board of Directors in case of the incapacitation or
temporary unavailability of the President shall be: The President Pro Tem, Principal
Officers (Financial Director followed by the Communications Director) and then all
other Directors in order of seniority on the Board.
Section 2. Board of Directors Quorum
Five (5) members of the Board of Directors shall constitute a quorum.
Section 3. Report to Regular Meeting
All action of the Board of Directors will be reported in writing to the Local at the next regular
monthly meeting for approval and shall be subject to inspection and review by any member
in good standing.of the Local during regular business ho