HFD Union Documents

FOR IMMEDIATE RELEASE Contact: T.
Scott Wilkey
Communications Director
communicationsdirector@local341.org
713.899.3726

Firefighters Announce the Resignation of HPFFA President Bryan Sky-Eagle

HOUSTON, Sept. 1, 2014 The following statement was released today by T.
Scott Wilkey, communications director of the Houston Professional Fire Fighters
Association (HPFFA):

Bryan Sky-Eagle, president of the Houston Professional Fire Fighters Associa-
tion, resigned today after a tumultuous year in office. During this past year:

The HPFFA Board of Directors filed more than 20 formal administrative charges
against him with the International Association of Fire Fighters (IAFF). Mr. Sky-
Eagle faced an upcoming IAFF trial of the pending charges.

Mr. Sky-Eagle commenced litigation against the IAFF without the authorization
of the Board of Directors.

93 percent of our voting members rejected a contract proposal he negotiated with
the Parker Administration.

While we question Mr. Sky-Eagles explanation for his resignation, we support
his decision to resign. With this difficult year behind us, the 3,800 men of the
women of the HPFFA look forward to refocusing our Associations attention and
resources on protecting our members wages, benefits and workplace conditions,
and on delivering excellent service, being good stewards of city resources, and giv-
ing back in the community.

###
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.
4:14-CV-02437
INTERNATIONAL 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 215
th
J udicial 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
Case 4:14-cv-02437 Document 1 Filed in TXSD on 08/22/14 Page 1 of 404
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,
1
all 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.

1
Defendant 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.
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 203
Austin, Texas 78701
(512) 474-6200
(512) 474-7896 (Fax)
pdurst@ddollaw.com

Thomas A. Woodley
Douglas L. Steele
WOODLEY & McGILLIVARY
1101 Vermont Ave, N.W.
Suite 1000
Washington, D.C. 20005
Phone: (202) 833-8855
taw@wmlaborlaw.com
dls@wmlaborlaw.com

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

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,
215
th
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 and
Permanent Injunction and Request for Disclosures with Exhibits Attached

Document 3 Bryan Sky-Eagles Petition in Intervention, Application for Temporary
Restraining Order and Temporary and Permanent Injunction, and Request
for Disclosures

Document 4 Bryan Sky-Eagles First Amended Petition in Intervention, Application for
Temporary 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


Document 1
Harris County Docket Sheet
Page 1 of 1
2014-44222
215
8/22/2014 12:25:26 PM
BREACH OF CONTRACT
COURT:
2014-44222
215th
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
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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 login or 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
215
th
Address 201 CAROLINE (Floor: 13)
HOUSTON, TX 77002
Phone:7133686330
JudgeName ELAINE H PALMER
Court Type Civil
ACTIVE PARTIES
Name Type Post
J dgm
Attorney
HOUSTON PROFESSIONAL FIRE FIGHTERS
ASSOCIATION
PLAINTIFF - CIVIL BOHREER, E.
MICHELLE
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS
DEFENDANT - CIVIL
FIGHTERS
INTERVENOR DEFENDANT
SKY-EAGLE , BRYAN INTERVENOR PLAINTIFF
FIGHTERS BY SERVING AGENT
REGISTERED AGENT
Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPrinting.aspx?G...
1 of 2 8/22/2014 11:56 AM
INACTIVE PARTIES
No inactive parties found.
JUDGMENT/EVENTS
Date Description Order
Signed
Post
J dgm
PgsVolume
/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 J URY 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
J dgm
Docket Type Reason Results Comments Requesting
Party
9/03/2014
10:30 AM
215 Law Day Docket TEMPORARY INJ UNCTION
SERVICES
Type Status Instrument Person RequestedIssued ServedReturnedReceivedTrackingDeliver 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 J ACK
F. ABERCIA
PRECEPT SERVICE ISSUED/IN
POSSESSION OF
SERVING AGENCY
ORIGINAL
PETITION
INTERNATIONAL
ASSOCIATION
OF FIRE
FIGHTERS
8/18/2014 8/21/2014 73048262 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 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
Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPrinting.aspx?G...
2 of 2 8/22/2014 11:56 AM

Document 2

8/1/2014 3:33:24 PM
Chris Daniel - District Clerk Harris County
Envelope No. 2027746
By: Nelson Cuero
2014-44222 / Court 215
CAUSE NO.

IN THE DISTRICT COURT OF

LOCAL 341
V.
HARRIS COUNTY, TEXAS

INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS
JUDICIAL 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 CONTROL 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
Page !of 12
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. AUTHORITY 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
Page 2 of 12
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
Page 3 of 12
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 20-135 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
Page 4 of 12
financial constraints. In prior years, the BOD had been authorized to attend the convention
regardless of financial constraints,, which was one example of the reasons that Sky-Eagle had
decided to run for HPFFA President on a campaign of fiscal reform. The BOD appealed the
denial to the IAFF. The IAFF disregarded HPFFA's explanation of the lack of funds to justify
this expense and ordered the BOD, including Sky-Eagle, to attend the IAFF Convention and
cover all reasonable expenses. Clearly, the IAFF' s President exceeded his authority and the
authority of IAFF in ordering a Texas Corporation to expend funds it does not have and attend a
convention sponsored by the IAFF and its President, for the sole benefit of the IAFF.
The IAFF By-Laws, Article XIII, Section 8, Rights of Members, expressly prohibits
conduct that would interfere with the local union's performance of their legal right to fulfill
existing contractual obligations. HPFFA did not want to spend its funds sending the BOD to a
convention, and the 1AFF ordered it to do so. As a result, HPFFA had to withhold paychecks to
union.workers, professionals and other contractual obligations which were needed to continue its
day-to-day operations.
With respect to the pending charges against Sky-Eagle, in his capacity as President of
HPFFA, the IAFF further breached its By-Laws and contractual obligated to HPFFA by selecting
the City of Beaumont for the selection of the trial board members to decide the charges. This
selection violates IAFF By-Laws., The trial should take place in the city chosen by the charged
party and the trial members chosen from a random .computer list., Article XVII, Section 1(A)
states that the TAFF can only select a neighboring union-in the event that:
Page 5 of 12
"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
Page 6 of 12
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.
Page 7 of 12
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.
Page 8 of 12
D. DISCRIMINATION FOR NON-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,
Page 9 of 12
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
and 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:
Page 10 of 12
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. Ordering 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.
THE CAMBERG LAW FIRM, P.C.
/s/ Roy Camber&
Roy Camberg
SBN: 03674595
17225 El Camino Real, Suite /1/14
HOuston, Texas 77058
Tel: (281) 486-6900
Fax: (281) 486-4695
roy@camberglawfirm.com
Page 11 of 12
BOHREER & ZUCKER LLP
E. Michelle Bohreer
SBN: 06717100
Todd J. Zucker
SBN: 22290465
Two Greenway Plaza, Suite 600
Houston, Texas 77046
Tel: (713) 526-8100
Fax: (713) 526-8105
michelleb@bohreerzucker.com
toddz@bohreerzucker.com
ATTORNEYS FOR PLAINTIFF
Page 12 of 12

8/1/2014 3:33:24 PM
Chris Daniel - District Clerk
Harris County
Envelope No: 2027746
By: CUERO, NELSON
2014-44222/ 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 sworn, stated under oath that he is the President 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
SUBSCRIBED AND SWORN 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,
NOT r f 131 B IN AND FOR THE

STATE OF TEXAS
Commission Expiration Date: 614 -1
o "ti-
Page 1 of 1
2014-44222 / Court: 215
Contents
ARTICLE I
6
ORGANIZATION
6
Section 1. Name 6
Section 2. References
6
Section 3. Basic Rules
6
Section 4. Government
6
Section 5. Assistance in Disputes and Grievances 7
Section 6. Rules of Order 7
ARTICLE II 9
OBJECTIVES AND PURPOSE 9
ARTICLE III
10
MEETINGS
10
Section 1. Time 10
Section 2. Place 10
Section 3. Special Meetings 10
Section 4. Quorum
10
Section 5. Attendance and Participation 10
Section 6. Changing Time of Regular Union Meeting 10
Section 7. Order of Business 10
ARTICLE IV
12
INITIATION FEES AND DUES 12
Section 1. Initiation Fees and Dues 12
Section 2. Special Assessments 12
Section 3. Delinquent Members 12
Section 4. Reinstatement after Suspension 12
Section 5. Maintenance of Good Standing 13
ARTICLE V
14
MEMBERSHIP
14
_
Section 1. Who May Become a Member
14
Section 2. To Whom Applications are Presented 14
Section 3. Probationary Fire Fighter's Membership 14
Section 4. Presentation of Official Card, etc. 14
Section 5. Separation
14
1
Section 6. Re-entrance into the Department
15
Section 7. Members on Pension
15
Section 8. Honorary Members
15
ARTICLE VI
16
OFFICERS OF THE LOCAL
16
Section 1. Officers and Their Tenure of Office 16
Office Tenure of Office
16
Section 2. President Emeritus
16
ARTICLE VII
17
ELIGIBILITY FOR OFFICE
17
Section 1. Eligibility to Hold Office
17
Section 2. Rights of Candidates
17
Section 3. Use of Funds Prohibited in Elections
17
ARTICLE VIII
18
NOMINATION OF OFFICERS
18
Section 1. Method of Nomination
18
Section 2. Notice of Nominations 18
Section 3. List of Nominees
18
Section 4. Acceptance by Nominees
18
Section 5. Candidate Limited to One Office
18
ARTICLE IX
19
ELECTION OF OFFICERS
19
Section 1. Method of Election
19
Section 2. Regular Election
19
Section 3. Run-Off Election: Date and Location
19
Section 4. Installation of Officers
19
Section 5. Delegates and Alternates
19
ARTICLE X
20
BALLOTING
20
Section 1. Balloting
20
Section 2. Election Committee and Tellers
20
Section 3. Ballots
21
Section 4. Membership List of Eligible Voters
21
Section 5. Confidentiality
21
Section 6. Election Results
21
2
ARTICLE XI 22
DUTIES OF OFFICERS
22
Section 1. President
22
Section 2. Communication Director 23
Section 3. Financial Director 23
Section 4. Board of Directors (6 members) 24
Section 5. Board of Trustees 24
ARTICLE XII
26
SALARIES AND EXPENSES OF OFFICERS 26
26
Section 2. Communication Director 26
Section 3. Financial Director
26
Section 4. Legislative Director
26
Section 5. Compensation for Directors, Committee Chairs, and Committee Members 26
Section 6. Convention Delegates and Committee Members 27
Section 7. Other Officers and Members 27
Section 8. Members' and Officers' Expenses Inside City 27
Section 9. Enumerate and Verify Expense 27
Section 10. Election Committee and Part-time Workers
27
Section 11. Legal Fees and/or Expenses 27
Section 12. Members Owing Money 28
ARTICLE XIII
29
BOARD OF DIRECTORS
29
Section 1. Structure of Board of Directors 29
Section 2. Board of Directors Quorum 29
Section 3. Report to Regular Meeting V
29
Section 4. President Banned from Holding Any. Other Office 29
Section 5. Transaction of Business Between Meetings 29
Section 6. Death or Removal from Office of Any Officer 29
Section 7. Property in Custody of Officers
30
Section 8. Monthly Publication
30
ARTICLE XIV
31
COMMITTEES
31
Section 1. Appointment of Committees
31
Section 2. Organization
31
Section 3. Abolishment of Committees 32
Section 4. Caucus Committees 32
Section 5. Parliamentarian
32
ARTICLE XV
33
AMENDMENTS OR ALTERATIONS TO BY-LAWS 33
Section 1. Who May Submit
33
Section 2. Proposal of Amendment 33
Section 3. Adoption of Amendment 33
ARTICLE XVI
34
MISCONDUCT AND TRIALS OF MEMBERS
34
Section 1. Misconduct Charges and Trial 34
Section 2. Appeals
34
ARTICLE XVII
35
RELATIVE ASSISTANCE FUND
35
35
Section 2. Eligibility
35
To be eligible for membership in the Fire Fighter's Relative Assistance Fund, a fire fighter must be in
full accordance with the following: 35
Section 3. Retirement
35
Section 4. Leave of Absence from the Fire Department 35
Section 5. Delinquent 36
Section 6. Supervision
36
Section 7. Benefits
36
Section 8. Amendments 37
ARTICLE XVIII
38
HOSPITAL FUND
38
38
Section 2. Eligibility 38
Section 3. Supervision 38
Section 4. Limitations and Benefits 38
Settibli 5: FundirTg-ahd Retirement-
39
Section 6. Amendments
40
ARTICLE XIX
41
RETIREE ORGANIZATION
41
ARTICLE XX
42
ONLINE VOTING FOR MOTIONS AND AMENDMENTS AND 42
COLLECTIVE BARGAINING AGREEMENTS 42
Section 1. MOTIONS 42
A. PROCEDURE 42
B. VOTER ELIGIBILITY 42
C. AMENDMENT TO THE CONSTITUTION OR BY-LAWS 42
Section 2. COLLECTIVE BARGAINING AGREEMENTS 43
5
ARTICLE I
ORGANIZATION
Section 1. Name
This organization shall be known as the Houston Professional Fire Fighters Association.
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.
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.
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
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 December 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 President 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 Order.
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.
10. 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
7
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.
8
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.
9
ARTICLE 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
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
10
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 Welfare
14. Adjournment
11
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.
12
Section 5. Maintenance of Good Standing
Membership in good standing includes any person who has fulfilled the requirements for
membership in this Local Union and who has not voluntarily withdrawn, become ineligible
for continued membership, or been suspended or expelled as provided in the Constitution
and By-Laws of the International Association of Fire Fighters or the Constitution and By-
Laws of this Local.
13
ARTICLE V
MEMBERSHIP
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.
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.
14
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.
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.
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.
15
ARTICLE VI
Section 1. Officers and Their Tenure of Office
The Officers of this Local and their tenure of Office shall be as follows:
Board of Directors
President 3 years
Financial Director 3 years
Communication Director 3 years
Director Position 1 3 years
Board of Trustees
Trustee Position 1
Trustee Position 2
Trustee Position 3
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.
ARTICLE VII
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.
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.
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.
17
ARTICLE VIII
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.
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.
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.
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.
18

ARTICLE IX
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.
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.
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.
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.
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 Article XIII, Section 15.
19
ARTICLE X
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.
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 Committee will hold a meeting of the nominees at the offices of the Local on the
14th day after the General Meeting 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 committee 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.
20
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.
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.
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.
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.
21
ARTICLE XI
DUTIES OF OFFICERS
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 General
membership.
e. He/she shall, in the event of a tie vote, cast the deciding vote.
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 Unposed
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.
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 Directors meetings.
b. The Communication Director shall keep a special book or binder, provided for by this
Local, in which all amendments 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 kept conveniently in the Union Hall.
f. He/she shall attend all meetings of the Local 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 Communications 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.
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 membership in the Local.
g. He/she shall further discharge, on behalf of this Local, such duties as may be imposed
upon him/her by apiiiicablelaw-Tincluding-th-e exetuting-an-d-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
23
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 Constitution and
By-Laws, 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-Laws.
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 Board of Trustees to:
a. I3e responsibleto_the_membership_for_the proper_financial operation and_condition of
this Association.
b. Review all expense accounts as listed in Article XII of this Constitution and By-Laws.
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 Association.
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d. Have direct control and management 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 Hall only and is not permitted to be housed or 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-Laws.
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 OFFICERS
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.
The Financial Director of this Association shall receive a monthly salary of 25% of the
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
the 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
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c. Notwithstanding any other section of this article, Directors, Committee Chairs, and
Committee Members receiving the compensation identified in this section shall not
be allowed to submit mileage for travel in the "Houston metro area."
Section 6. Convention Delegates and Committee Members
The convention delegates and committee members of this Association, on official Union
business, shall be allowed the cost of travel to and from said business location, and all
reasonable expenses, supported by acceptable receipts and submitted in a timely manner.
The Board of Directors may adopt an alternative reimbursement policy not exceeding the
rates established in Article XII, Section 5.
Section 7. Other Officers and Members
Any other officer or member of this Association, while conducting authorized Union business
outside the city, shall be allowed the cost of travel to and from said business location, and all
Section 8. Members' and Officers' Expenses Inside City
Any member, or officer, conducting authorized Union business, may incur reasonable
expenses to Carry out the mandate of this Association. The amount for automobile usage on
authorized Union business shall be the same as that authorized by the IRS for automobile
mileage deductions.
Section 9. Enumerate and Verify Expense
Every member receiving an expense allowance for the purpose of performing Local business,
at the request or direction of Local 341, is required to account to, his/her Local, listing
business expenses by categories, that is, transportation, meals, hotels, entertainment or
other business expenses. Local 341 shall reimburse said member in an equal amount not
exceeding member's expenses. Expense accounts shall be filed within thirty (30) days of the
date occurred unless an extension is granted by a majority of the Board of Directors and shall
be countersigned by the President, Financial Director and Chairperson of the Committee
accounting for the expenses. -
Election Committee and part-time workers shall be paid the hourly rate of the highest paid
Fire Fighter base salary.
Section 11. Legal Fees and/or Expenses -
A member(s) filing a lawsuit(s) and/or claim(s) for a single or class action without prior
27
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 hours.
Section 4. President Banned from Holding Any Other Office
The President of this Local shall, be prohibited from
with
any other office, elected or
appointed, in any organization which is associated with the Fire Department, including but
not limited to the Houston Fire Fighters Federal Credit Union, or Houston Fire Fighters Relief
and Retirement Fund.
Section_5. Transactio.n_of Business Between Meetings
Except as otherwise provided by this Constitution and By-Laws, the Board of Directors shall
transact the business of the .Association between the regular monthly meetings.
Section 6. Death or Removal from Office of Any Officer
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Upon the death or removal from office or resignation of any officer of the Local, it shall be
the duty of the President to call a meeting of the Board of Directors. The Board of Directors
shall then nominate and elect a member of the Local to fill the vacancy. All vacancies shall be
filled in accordance with these By-Laws for the duration of the original elected term.
Any officer of this Local having in his/her possession and under his/her custody any
personal property owned by this Local, shall, at the expiration of his/her term of office or
when his/her successor is elected and qualified, deliver to his/her successor all books,
papers, money and any and all property of this Local, or to the person or persons designated
by a majority of this Local who shall act in his/her capacity.
"The Houston Fire Fighter" shall be the name of the official publication of this Association
which will be published monthly, subject to change by Board approval. Publication of the
newspaper will be under the direction of the Editor in accordance with policies approved by
the Board of Directors with final approval by the President.
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ARTICLE XIV
COMMITTEES
Section 1.. Appointment of Committees
The following standing committees shall be appointed by the President, at least annually,
subject to the approval of the membership.
1. By-Laws Committee to consist of a minimum of three (3) members
2. City Hall Committee to consist of a minimum of three (3) members
3. Grievance Committee to consist of a minimum of three (3) members
4. Public Relations Committee to consist of a minimum of three (3) members
S. Research and Legislative Committee to consist of a minimum of three (3) members
6. Legislative Director
7. Health & Safety Committee to consist of a minimum of three (3) members.
8. Wage and Benefits Committee to consist of a minimum of (3) members
Providing, however, that the term of office of each committee person is limited to the tenure
of the office of the appointing President.
The Chairperson of the Legislative Committee shall be designated the Legislative Director.
a. Committees shall consist of as many members as the President and members deem
necessary to carry out its duties, excepting those standing committees as set out
above. Committees shall create subcommittees, when necessary, to deal with
specialized duties to perform, and report their findings to the parent committee only.
The scope of the work of each committee shall be in accordance with the action of the
members of this Local or Board of Directors, or both, in creating such committees and
any instructions subsequently issued. When considering matters relating to work
which may involve any committee, such committee shall consult with other
committees, in order to avoid duplications or overlapping of effort. The Chairperson
will be designated by the President.
b. The committee chairperson shall call meetings at such times as may be necessary or
convenient for the transaction of committee business, and such chairperson shall
issue calls for such meetings at least three (3) days in advance of such meetings,
excepting those-times when such a meeting shall be considered imperative and of an
emergency nature. Each committee shall elect its own secretary who shall be
responsible for the minutes of the meetings, communications and reports to the
Board of Directors ofiliis-Local.
c. Committee members shall not issue any report on matters for publication, other than
at the regular or special called Local meetings, or to the their Board of Directors when
in session. Committee members may adopt and conduct activities as they deem
necessary, provided such activities are consistent with these By-Laws and
instructions from the members of this Local. All standing committees shall meet at
least once a month, and all other committees shall meet as deemed necessary.
31
d. Committees may incur any reasonable expense of carrying out the mandate of this
Local.
e. All committees shall submit a written report at each regular Local meeting.
f. No member of Local 341 shall represent "Fire Fighters" as a member of any other
employee organization or fire fighter organization for the purposes of endorsing
political candidates or issues. Members engaging in such activity shall be subject to
expulsion under Articles XV, XVI, XVII, and XVIII of the IAFF Constitution and By-
Laws.
Section 3. Abolishment of Committees
a. The President shall have the power to call any committee into session any time
he/she feels that such meeting is of a necessity. If the Board of Directors finds that
any committee or any of its members are not carrying out their responsibilities with
due diligence, the Board of Directors shall direct the President to report such to the
membership at the next regular Local meeting for whatever action the membership
desires.
b. The members of this Local, after due notice, may suspend or terminate any committee
which does not conform to these By-Laws and the scope and intent of their creation.
Section 4. Caucus Committees
a. Nothing herein shall prevent the association of a group of members to form a caucus
for the purpose of strengthening the objectives and purposes of this Local. -
b. Seventy five (75) members in good standing shall petition the President to have a
caucus recognized by this Local regarding particular matters unique to that caucus.
The President shall then recognize the caucus for those matters affecting unique
interest of the caucus.
c. The caucus shall develop operating procedures not in conflict with the Constitution
and By-Laws of this Local. Such procedures shall be presented at the first Board of
Directors meeting following recognition of the caucus.
d. Such caucus shall be recognized and operate until such time as the caucus dissolves
itself or is found to be in violation of the Constitution and By-Laws of this Local.
It shall be the duty of the Parliamentarian to interpret the law as laid down in the
Constitution and By-Laws and in Robert's Rules of Order and the Parliamentarian shall, when
called by the President, render a decision as to the parliamentary procedure.
32
ARTICLE XV
AMENDMENTS OR ALTERATIONS TO BY-LAWS
Amendments or alterations to this Constitution and By-Laws may be submitted by any
member or members in good standing.
Section 2. Proposal of Amendment
Any proposed amendment or alteration must be filed in writing with the Communication
Director at least ten (10) days before a regular membership meeting. The proposal, in turn,
shall be given to the Constitution and By-Laws Committee for determining if the proposed
changes to the Constitution and By-Laws do not conflict with other Articles of this or the
International Constitution and By-Laws. If it is necessary, this committee may re-draft the
proposed changes, however, the re-draft shall not alter, change, or modify the intent of the
introducer in any way or manner.
Section 3. Adoption of Amendment
a. The Communication Director shall notify all members in good standing in writing at
least fifteen (15) days in advance of the regular membership meeting at which a
, proposed Constitution and By-Law change will be presented for adoption._ Said
notification shall specify the proposed changes to be presented for adoption.
b. The amendment or alteration becomes adopted with a recorded two-thirds (2/3)
vote of the members present and voting at this meeting.
. All proposed amendments or alterations to this Constitution and By-Laws shall be
submitted for approval to the IAFF General President prior to their printing or
issuance. Amendments and alterations to the Local Constitution and By-Law become
, effective upon approval of the IAFF General President IAFF Constitution and By-Law
Article XIII, Section 3.
33
ARTICLE XVI
Section 1. Misconduct Charges and Trial
Any member charged with misconduct, as defined in Article 15 of the international
Constitution and By-Laws, shall be served with written specific charges as required in Article
16 of the Association Constitution and be, given a reasonable time to prepare his/her defense
and afforded a hearing as provided in Article 17 of the Association Constitution.
Section 2. Appeals
Appeals may be made in accordance with Article 18 of the International Constitution and By-
Laws; such appeal must be filed with the General President of the Association within thirty
(30) days of the action to be appealed.
34
ARTICLE XVII
a. The name of this fund shall be knows as the FIRE FIGHTER'S RELATIVE ASSISTANCE
FUND, and its purpose shall be to provide financial assistance to the names
beneficiary or beneficiaries of the deceased member of the fund.
b. This fund shall not be termed, or in any way construed, to be an insurance policy, and
it shall not be construed to be a binding contract on the part of Local 341 or any of its
officers or members.
To be eligible for membership in the Fire Fighter's Relative Assistance Fund, a fire fighter
must be in full accordance with the following:
a. A member in good standing of the Houston Professional Fire Fighters Association,
Local 341.
b. It will be mandatory for all new members to belong to the fund.
c. Authorize the City of Houston to deduct an amount form his/her paycheck each
month as determined by the member of this fund. But, in no event, shall the
contribution be less than three dollars ($3.00) per month.
d. Any person who has terminated employment with the Houston Fire Department
either voluntarily or through indefinite suspension, upheld by the final appeal to the
courts, shall not be eligible to continue as a member of the Relative Assistance Fund.
a. All members of this fund who hall be retired from active duty with the Fire
Department and who. have a withdrawal card from Local 341, shall be eligible to
continue to participate in the Fire Fighter's Relative Assistance Fund by applying in
advance, on a yearly basis, the amount each active participating member contributes
after the date of passage of 2009 Constitution & By-Law changes.
b. Any member, upon retirement from the Fire Department, must pay their dues within
a period of twelve (12) months or automatically lose -their membership in the Fire
Fighter's Relative Assistance Fund.
Section 4. Leave of Absence from the Fire Department
Any member of this fund who shall be granted a leave of absence from the Houston Fire
Department for any reason whatsoever shall be eligible to continue to participate in the Fire
Fighter's Relative Assistance Fund by applying in advance, on a yearly basis, the amount each
active, participating member contributes.
35
Section 5. Delinquent
a. All dues and assessments of this fund are for all purposes paid in advance, and any
member who shall fail to pay to the Financial Director of this fund his/her dues and
assessments within thirty (30) days after said dues and assessments become due and
owing, such member shall be declared delinquent, and his/her membership in this
fund shall be terminated.
b. The Financial Director shall report such member to the Board of Trustees, and they
shall order such members' name to be dropped from the membership roll, and he/she
shall forfeit his rights to this fund.
a. This fund shall be under the supervision and direction of the Board of Trustees and
the Financial Director of Local 341, and they shall promulgate the procedure for
disbursement of said fund.
b. The Financial Director shall be responsible for maintaining and keeping a set of
adequate records for this fund, setting out in detail the financial structure of this fund.
Said Financial Director shall be responsible for the receiving and disbursement of the
monies of this fund; however, no death claims shall be paid out of this fund without
the express approval of the Board of Trustees.
d. Upon receipt of a death notice of a member of this fund by the Financial Director,
he/she shall so inform the Board of Trustees, and they shall with dispatch proceed to
authorize the payment of said claim. In the event of a disaster involving claims which
exceed the reserve of this fund, each member shall be assessed a proportionate
amount, so that this fund can remain solvent.
e. The Financial Director of Local 341 shall deposit all excess contributions received for
this fund into the Federal Fire Fighter's Credit Union of Houston, Texas, in the name
of Fire Fighters' Relative Assistance Fund.
f. The Board of Trustees shall conduct a yearly financial review of this fund, in
conjunction with the yearly review of the books of Local 341, and it shall be the
responsibility of the Board of Trustees to report their findings, as a result of this
review, to the members at a regular Union meeting.
Section 7. Benefits
a. The account of any total benefits paid to a beneficiary or beneficiaries of a deceased
member shall be an amount equal to one dollar and fifty cents ($1.50) for each
participating member of said fund on the date of the death of the participating fire
fighter.
b. The beneficiary or beneficiaries of any deceased member of this fund shall be those
persons as recorded in the official membership records of the Fire Fighters' Relative
Assistance Fund. It is the responsibility of each fire fighter who becomes a member of
this fund to notify the Financial Director of his beneficiary or beneficiaries, and it shall
further be his responsibility to notify the Financial Director, in writing, of any changes
of beneficiaries he/she desires to make at any future date.
36
a. These By-Laws of the fund may be amended by a majority vote of the members
present at a regular meeting or at a special meeting called for that purpose only. A
proposed change shall be brought to the attention of the assembly and voted on
consistent with the requirement for amendments or changes to the Houston
Professional Fire Fighters Association Constitution and By-Laws.
b. In matters herein not provided for, the By-Laws of the Houston Professional Fire
Fighters Association, Local 341 shall prevail.
37
ARTICLE XVIII
HOSPITAL FUND
The name of this fund shall be known as the HOUSTON FIRE FIGHTERS HOSPITAL FUND,
and its purpose shall be to provide hospital assistance to the members of the fund.
To be eligible for membership in this fund, a fire fighter must comply with the following:
a. Be a member in good standing of the Houston Professional Fire Fighters Association,
Local 341.
b. Any member making application for membership in this fund must be in good
physical condition at the time of application.
c. Any person who has terminated employment with the Houston Fire Department
either voluntarily or indefinite suspension, upheld by the final appeal to the courts,
shall not be eligible to continue as a member of the Hospital Fund.
a. The fund shall be under the supervision and direction of the Board of Trustees and
the Financial Director of Local 341, and they shall promulgate the procedures for the
disbursement of said funds.
adequate records for this fund, setting out in detail and financial structure of this fund.
Said Financial Director shall be responsible for receiving and disbursement of the
monies of this fund.
c. The Board of Trustees shall approve or reject all applicants for this fund.
d. The Board of Trustees shall authorize the payment or non-payment of all claims prior
to the first of each month.
e. A majority of members of the Board of Trustees shall be required to approve or
disapprove all claims, and they shall countersign their names to the forms as well as
the Financial Director.
Section 4. Limitations and Benefits
a. This hospital plan shall not be effective for a period of sixty 60) days relative to
sickness or chronic ailments from the_time a_member becomes eligible for benefits
under this fund, excepting accidents or emergency room treatments.
b. This fund shall not be liable for hospitalization payment on any form of venereal
disease, alcoholism or use of narcotics, or any sickness resulting from same.
c. This fund shall not pay any claims unless such claim is accompanied by an itemized
statement of medical expense.
38
d. The Financial Director of this fund shall furnish the proper claim from to any member
requesting same.
e. No claim shall be paid for emergency room ON DUTY injuries or illness, except in
cases where the City of Houston Group Insurance or Workmen's Compensation does
not pay, and emergency room treatments are limited to one claim per ninety (90)
days; limit four (4) claims per year.
f. That coverage be limited to twenty (20) days on any one illness per year.
g. That all claims must be filed within ninety (90) days after the date of release from the
hospital.
h. All members shall be entitled to all benefits under this plan for any one illness or
injury, when confined in any approved, licensed hospital or clinic for a period of
twenty-four (24) hours under this plan, said benefits not to exceed the following
schedule:
HOSPITAL ROOM $20 Per Day
OPERATING ROOM $30 Per Day
ANESTHETIC $20 Per Day
X-RAY $20 Per Day
LABORATORY $20 Per Day
i. Emergency room benefits shall be paid for any approved, licensed hospital or
emergency clinic for any injury or illness occurring OFF DUTY.
EMERGENCY ROOM $70 Per Day -
Section 5. Funding and-Retirement
active member who shall fail to pay to the Financial Director of this fund his dues and
fund shall be terminated, and they shall order such members'l name to be dropped
from the membership roll, and he/she shall forfeit his/her rights in this fund.
b. All members in good standing of the Houston Professional Fire Fighters Association,
Local 341 shall be entitled to benefits in the "HOUSTON FIRE FIGHTERS HOSPITAL
FUND".
c. Amount equal to one dollar ($1.00) shall be deducted from each member's Union dues
to provide funding for the 'Houston Fire Fighters Hospital Fund".
d. Members, upon retirement, shall, at their option, maintain their membership in the
'Houston Fire Fighters Hospital Fund." Retired members shall pay an amount equal
to twelve (12) monthly-premiums in advanceTsaid-amount-not-to-be-less than-twelve
dollars ($12.00) to be paid in hand to the Financial Director of this fund.
e. Any member, upon retirement from the Fire Department, must pay his/her dues
within the period of twelve (12) months or automatically lose his/her membership
into the "Houston Fire Fighters Hospital Fund."
. 39
a. These By-Laws of the fund may be amended by. a majority vote of the members
present at a regular meeting or a special meeting called for that purpose only. A
proposed change shall be brought to the attention of the assembly in accepted
business order. And a voice majority vote of the.members in attendance shall sustain
or overrule such proposed change.
b. In matter herein not provided for, the By-Laws of the Houston Professional Fire
I
40
ARTICLE XIX
The Board of Directors may create and establish rules and policy for a Retiree Organization
with the approval of the membership.
_
-
41
ARTICLE XX
ONLINE VOTING FOR MOTIONS AND AMENDMENTS AND
COLLECTIVE BARGAINING AGREEMENTS
Section 1. MOTIONS
A. PROCEDURE
1. After discussion and any amendments at the scheduled Regular Meeting, the final
motions as amended will be sent to the membership for an online vote. All members in
good standing will be able to vote online to decide the motion using the Online Voting
Procedure below. A simple majority of those participating in the vote is required to decide
the motion.
2. The final version of the motion will be posted on the Local 341 website by noon the day
after the Regular Meeting. When the motion is posted on the Local 341 website, an online
discussion page for the motion will be made available on the Local 341 website. The
motion-maker, or any other member may use this discussion page to provide information
or opinions pertaining to the motion. This discussion page will be available until the
motion is decided upon. The online discussion will not be bound by Robert's Rules of
Order; however it will be monitored and inappropriate comments removed.
3. The week immediately following the Regular Meeting in which the motion was presented,
the online vote will take place between 0800 and 1700 on the first Monday following this
week and end on Thursday of this week.
B. VOTER ELIGIBILITY
Only Members in good standing, as defined by Article IV will be eligible to vote.
C. AMENDMENT TO THE CONSTITUTION OR BY-LAWS
1. An amendment to this Constitution or any By-Laws will follow the motion process as
outlined by this By-Law Article above and comply with the notice requirements under
Article XV.
2. A proposed amendment to this Constitution or any By-Laws made under this provision
shall be submitted for approval to the International General President prior to its
publication, issuance or effectiveness after first being adopted by its membership.
42
Section 2. COLLECTIVE BARGAINING AGREEMENTS
Voting for any Collective Bargaining Agreements will be carried out by using the online voting
vendor that has been approved by the Board of Trustees. The procedures for the voting process
will be determined by the vendor's standard practices considering any recommendations by Local
341.
43
OF FIRE FIGHTERS, AFL-CIO, CLC
4z io,
51st Convention
Constitution & By-Laws
Philadelphia, Pennsylvania
July, 2012
Officer's Oath
I pledge my honor to perform the duties of my office in compliance with the
Constitution and By-Laws of the International Association of Fire Fighters and this local
union.
All properties and records of this union will be turned over to my successor in office at
the close of my official term.
I will dutifully abide by and promote the positions taken by the majority.
I-will dedicate my talents and energies to represent the mandates and directives of this
union. I will use my good office to promote unity and harmony all of which I solemnly
promise and swear to keep to the best of my ability.
Constitution and By-Laws
of the
International Association of Fire Fighters
Organized February 28, 1918
in the
City of Washington, DC
As amended by the Fifty-First Convention
Philadelphia, PA
July 2012
Affiliated with AFL CIO, CL -
Harold A. Schaitberger Thomas H. Miller
General President General Secretary-Treasurer
International Headquarters
. 1750 NewYork Avenue, NW
Washington, DC 20006
http://www.iaff.org
July 2012
Table of Contents
ARTICLE I - ORGANIZATION 1
Section 1. Name 1
Section 2. Constituency 1
Section 3. Headquarters 2
Section 4. Government 2
Section 5. Fiscal Year 2
ARTICLE Il-JURISDICTION 2
ARTICLE III - MEMBERSHIP 3
Section 1. Active 3
Section 2. Retiree 3
Section 3. Honorary 3
Section 4. Maintenance of Good Standing 3
Section 5. Retention of Membership upon Separation from Service 4
ARTICLE IV - INTERNATIONAL CONVENTIONS 4
Section 1. Time and Place
4
Section 2. Representation and Delegate Voting of Local Unions 5
Section 3. Representation of State and Provincial Associations and Joint Councils 6
Section 4. Qualifications and Election of Delegates and Alternates 7
Section 5. Delegate Credentials 7
Section 6. Committees 8
Section 7. Compensation of Executive Board and Board of Trustees 10
Section 8. Order of Business 10
Section 9. Quorum and Legal Majority 10
Section 10. Convention Guests 11
Section 11. Rules of Order 11
Section 12. Emergency Conventions 11
ARTICLE V - INTERNATIONAL OFFICERS AND ELECTIONS 11
Section 1. Number and.Titles 11
Section 2. Eligibility for Office
11
Section 3. Method of Nomination and Election 12
Section 4. Installation and Term.of Office 14
Section 5. Vacancies
15
Section 6. Salaries, Allowances and Expenses 16
16
Section 8. Secretary-Treasurer Emeritus 16
Section 9. Vice President Emeritus 17
Section 10. Trustee Emeritus 18
Section 11. - Dual Status of Emeriti Delegates- at IAFF Convention 18
ARTICLE VI -AUTHORITY AND DUTIES OF INTERNATIONAL OFFICERS 18
Section 1. General President 18
Section 2. General Secretary-Treasurer 20
Section 3. Vice Presidents
23
Section 4. Executive Board
24
Section--5---Board of-Trustees
25
Section 6. Bonding of International Officers and Employees Handling Funds or Property 26
Section 7. Officers' Reports to Convention
26
Section 8. Excusable Absence
26
Section 9. Authorization to Represent the IAFF 26
ARTICLE VII - OFFICERS' RETIREMENT BENEFITS
27
Section 1. Principal Officers' Benefits
27
Section 2. Widow's/Widower's Benefits
28
ARTICLE VIII - REVENUE AND FUNDS
28
Section 1. Sources of Revenue
28
Section 2. Charter Fees
28
Section 3. Initiation Fees
28
Section 4. Reinstatement Fees 28
Section 5. Per Capita Tax
29
Section 6. Special Assessments 29
Section 7. Remittance of Revenue 30
Section 8: Solicitation of Local Union Funds 30
Section 9. General Fund
30
Section 10. Emergency Disputes Fund
30
Section 11. Officers' Retirement Trust 31
Section 12. Employees' Pension Trust Fund 32
Section 13. Staff Representatives' Pension Trust Fund 32
ARTICLE IX- PUBLICATION OF THE INTERNATIONAL FIRE FIGHTER 33
ARTICLE X - DELEGATES TO AFL-CIO AND CANADIAN LABOUR CONGRESS CONVENTIONS
33
Section 1. Representation to AFL-CIO Conventions 33
Section 2. Representation to Canadian Labour Congress Conventions 33
ARTICLE XI - SUSPENSION OF OFFICERS OF SUBORDINATE UNIONS 33
ARTICLE XII - DISSOLUTION
35
Section 1. Dissolution of Association
35
Section 2. Voluntary Forfeiture of Charters and Dissolution of Local Unions or Other
Subordinate Bodies 35
Section 3. Involuntary Forfeiture and Revocation of Charters of Local Unions and Other
Subordinate Bodies
36
ARTICLE XIII - LOCAL UNIONS
36
Section 1. Proposals for Charters 36
Section 2. Payment of Per Capita Tax 38
Section 3. Government Constitution and By-Laws 38
Section 4. Initiation Fees, Dues and Assessments 39
Section 5. Membership Qualifications
40
Section 6. Maintenance of Good Standing Membership 40
Section 7. Suspension of Delinquent Members 41
Section 8. Membership Meetings and Rights of Members 41
Section 9. Audits and Financial Reports 41
Section 10. Management, Investment, and Disbursement of Union Funds and Property
41
Section 11. Nominations and Elections of Officers 42
Section 12. Term of Office
42
Section 13. Vacancies in Office
42
Section 14. Salaries, Allowances and Expenses of Officers 43
Section 15. Election of Delegates and Alternates to Association Conventions 43
Section 16. Authority and Duties of Officers 43
Section 17. Suspension of Officers of Local Unions 43
Section 18. Forfeiture and Revocation of Local Union Charters and Dissolution of Local
Unions
43
Section 19. Bonding of Local Union Officers and Employees 43
Section 20. Misconduct, Charges, Trials, and Appeals 43
Section-21-.----Prohibition of Certain Loans and-Payments of Fines 44
Section 22. Assistance of International on Disputes and Grievances 44
Section 23. State/Provincial Affiliation
44
ARTICLE XIV -STATE AND PROVINCIAL ASSOCIATIONS AND JOINT COUNCILS 45
Section 1. Proposals for Charters
45
Section 2. Elimination of Per Capita Tax
45
Section 3. Admission of Individuals to Membership in State or Provincial Associations or
Joint Councils, and Locals in Canadian Territories 45
Section 4. Payments of Fees and Per Capita Taxes on Individual Members of State or
Provincial Associations and Joint Councils 46
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
ARTICLE XVIII
Section 5.
Section 6.,
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
ARTICLE XV -
Section 1.
Section 2.
ARTICLE XVI -
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Government of State or Provincial Associations and Joint Councils-Constitution
and By-Laws
46
Delegates and Alternates to Conventions
Election of Officers of State and Provincial Associations and Joint Councils
Initiation Fees, Dues and Assessments
Bonding of Officers and Employees
Assistance of International on Disputes and Grievances
Organization of State and Provincial Associations
Affiliation of Retired Fire Fighters
MISCONDUCT AND PENALTIES
Misconduct and Penalties
Rival Organizations
CHARGES
Who May Prefer Charges; Statute of Limitations; Multiple Charged Parties
Form of Charges
Notice of Charges Against Officers or Members of Local Unions, State or
Provincial Associations or Joint Councils
Notice of Charges Against Association Officers
Pre-Trial Review Boards
52
52
53
TRIALS
54
54
55
47
47
48
48
48
49
49
49
49
51
51
51
52
ARTICLE XVII -
Trials of Officers or Members of Local or Other Subordinate Unions
Trials Before International Trial Board
Disqualification for Cause and Procedure for Replacing Trial Board Member
Unable to Serve
Chairperson of Trial Board
Absence of Trial Board Member from Session
Rules for the Conduct of the Trial
Decision of Trial Board
Disposition of Decision of Local and-Other Subordinate Union Trial Boards
Disposition of International-Trial Board Decision
Service of Decisions
Further Proceedings
-APPEALS
Section 1. Matters Appealable
Section 2. Who May Appeal
Section 3. Appeals to the General President
Section 4. Appeals to the Executive Board
Section 5. Appeals to the International Convention
Section 6. Compliance Pending Appeals
Section 7. Appeal to Courts of Law or Other Civil Authority
Section 8. Enforcement of Decisions
ARTICLE XIX - WORK JURISDICTION DISPUTE RESOLUTION
Section 1. Principles -
Section 2. Established Work Relationship
Section 3. Outside Arbitrator Use -
Section- Determination-of-a-Work-Jurisdiction
Section 5. Deciding the Dispute
Section 6. Executive Board Review
Section 7. Costs Imposed by the General President
ARTICLE XX- AMENDMENTS AND CONVENTION RESOLUTIONS
Section 2. How Proposed and Adopted
Section 3. Amendments by Executive Board Between Conventions
ARTICLE XXI - DEFINITIONS
Section 1. Approval
65
66
66
66
67
67
67
68
68
68
56
56
57
57
59
59
59
60
60
60
60
60
60
61
63
64
64
65
PROCEDURES 65
65
65
65
Section 2. Day
68
Section 3. Private Sector
68
APPENDIX 69
Principal Officers
69
Deceased Emeriti Officers
69
Conventions
70
District Vice Presidents and Trustees
71
FIREPAC History
80
PREAMBLE
Strength through united action, guided by intelligence is the hallmark of trade union
organization. Believing such unity essential for the mutual protection and advancement
of the interests and general welfare of fire fighters and emergency medical and rescue
workers throughout the United States and Canada and other nations whose professional
fire fighters and emergency medical and rescue workers share our International's goals
and ideals, we have formed this International Association the objects of which shall be
to:
organize all fire fighters and emergency medical and rescue workers;
secure just compensation for their services and equitable settlement
of their grievances;
promote as safe and healthy a working environment for fire fighters
and emergency medical and rescue workers as is possible through
modern technology;
promote the establishment of just and reasonable working
conditions;
place the members of the Association on a higher plane of skill and
efficiency;
promote harmonious relations between fire fighters and emergency
medical and rescue workers and their employers;
-
encourage the formation of local unions, state and provincial
associations and joint councils;
encourage the formation of sickand death benefit funds; to _
promote the research and treatment of burns and other related
health problems common to fire fighters and emergency medical
and rescue workers;
encourage the establishment of schools of instruction for imparting
knowledge of modern and improved methods of fire fighting and
prevention and emergency medical and rescue technology; and
cultivate friendship and fellowship among its members.
To provide laws for the government of this Association, we.adopt this constitution and
By-Laws which shall govern the officers, subordinate bodies and members of this
Association in the exercise of their rights and discharge of their duties and obligations in
accordance with the high standard of responsibility and conduct therein set forth.
CONSTITUTION AND BY-LAWS
ARTICLE I ORGANIZATION
Section 1. Name
This organization shall be known as the INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS.
Section 2. Constituency
The Association shall consist of the International, all local unions, state and provincial
associations, and joint councils officially chartered by the International as set forth in
this Constitution and By-Laws and all members in good standing of such bodies. Joint
councils shall be the state or regional subordinate organizations established by the
Association to represent fire fighters employed by the federal government.
In addition to the foregoing, effective August, 1988, the Canadian Fire Fighters shall
meet every two years in Canada in conference and shall be known as the International
Association of Fire Fighters, Canada, (IAFF/Canada), which is established and recognized
as a subordinate body of the International Association to be governed exclusively by the
IAFF Constitution and By-Laws, with representation and delegate voting of local unions
and provincial associations at the Biennial Canadian (Policy) Conference being based on
the same formula used by the International Convention, and with such Conference to be
governed by the rules adopted at the most recent IAFF Convention; and is authorized to
take the following action: IAFF/Canada may present resolutions to the International
Conventions meeting biennially in alternate years, IAFF/Canada may adopt resolutions,
and IAFF/Canada may exempt Canadian Fire Fighters from policies of the International
Association that are harmful to the Canadian Fire Fighters, and all other Canadian
professional fire fighters' associations other than the above that are not part of the IAFF
will not be recognized.
The National IAFF Canadian Office shall be located in the Ottawa,. Canada ar'ea.
In addition to the foregoing, effective August 9, 1982, an Organization of State and
Provincial Association's may be-established and recognized as a subordinate body of the
International Association subject to terms and conditions thereinafter set forth in
Section 11 of Article XIV.
2
The International and its subordinate affiliate' s are separate and autonomous bodies. As
such, liability for th-e-con-duct-of-any-subordinate-organization-shall-not-be-imputed to
this International by reason of affiliation between the subordinate organization and the
International.
Section 3. Headquarters
The International headquarters of this Association shall be located in the Washington,
DC, area. The headquarters of the General President and General Secretary-Treasurer
shall be at the International headquarters of the Association. The headquarters of the
International Vice Presidents and members of the Board of Trustees shall be at the
places designated by the Vice Presidents or Trustees within their respective districts and
regions.
The delegates assembled at International conventions shall be the supreme authority of
this Association and shall constitute its highest legislative, executive and judicial body.
All decisions and actions of the delegates at conventions shall be binding upon all
officers, members and subordinate bodies of this Association. They shall have sole
authority to make, amend, revise or modify the laws for the government of this
Association except as that authority may be delegated at convention to the officers or
Executive Board or except as such laws may be superseded by applicable law.
Between conventions of the International all administrative, executive and judicial
powers of the Association shall be vested in the Executive Board except as otherwise
expressly provided in this Constitution and By-Laws.
It is the obligation and responsibility of every officer, member and all chartered local
unions, state and provincial associations and joint councils to comply with the provisions
of this Constitution and By-Laws and the decisions of the Association officers in
conformity therewith, and they shall refrain from any conduct which interferes with the
performance by the Association or any of its subordinate bodies of their obligations
under law or contract, or any conduct which defeats or subverts the lawfully declared
and established policies and objectives of the Association, or which may defame it or
any of its officers, members or subordinate bodies.
The influence or sympathy of the Association as an organization shall not be enlisted or
used in favor of any religious sect. No member of the Association shall discuss any
religious matters at meetings of the Association or of its subordinate bodies or criticize
the religious beliefs of any other member.
Section 5. Fiscal Year
The fiscal year of this Association shall begin October first (1st) and end September
thirtieth (30th) of_the 'succeeding year.
ARTICLE H - JURISDICTION
The jurisdictionof the International Association of Fire Fighters shall be as follows: All
full-time, paid employees engaged in fire fighting, emergency medical or rescue service
activities, or related services; provided, however, that the-Association may allow other
categories of employees as required by applicable state, provincial or U.S. or Canadian
2
federal laws, subject to appropriate documentation and the approval of the General
President.
ARTICLE III MEMBERSHIP
Section 1. Active
Any person of good moral character who at the time of making application is engaged in
service within the jurisdiction of this Association as set forth in Article II of this
Constitution and By-Laws will be eligible for active membership in this Association
through its chartered locals, state or provincial associations, and joint councils.
Anyone eligible for membership in the Association shall not be refused membership or,
upon acceptance, be discriminated against because of race, color, creed, national origin,
gender, sexual orientation, or by reason of disability. Local unions are urged to propose
amendments to their own constitutions and/or by-laws to reflect these same
prohibitions against discrimination.
Section 2. Retiree
IAFF members, who have retired from their respective local unions or otherwise
withdrawn from their unions as members in good standing, may be allowed to return at
the local's choosing within a time period specified for eligibility for active-retiree
membership under the local's constitution and by-laws.
Section 3. Honorary
For meritorious service to the Association or distinguished public service persons may
be elected to honorary membership by majority vote of the Executive Board, local or
other subordinate unions, or convention delegates. Such membership shall entail no
payment of initiation fees, dues or other charges, and shall convey no voice or vote in
the affairs of the Association or any of its subordinate unions. Such memberships are
subject to revocation for good cause.
Membership in good standing in this Association includes any person who has fulfilled
the requirement for membership and who has not voluntarily withdrawn from
membership, become ineligible for continued membership, or been suspended or
expelled as provided in this Constitution and By-Laws or those of its subordinate unions
approved as required therein. Members who fail to pay their dues or assessments
within the periods prescribed in Article XIII, Section 4, and Article XIV, Section 4, of this
Constitution and By-Laws will be considered delinquent and subject to automatic
suspension from membership upon notification by their respective local union or other
subordinate body of this Association. Members who are delinquent, under suspension,
or otherwise not in good standing are not entitled to any voice or vote in Association
meetings either of the International or any of its subordinate bodies nor shall they be
eligible for services of the International.
Section 5. Retention of Membership upon Separation from Service
When any member in good standing becomes separated from the fire service, local
unions may allow said member to retain active membership or, in lieu thereof, upon
request of said member shall be issued a withdrawal card in accordance with Article XIII,
Section 5; provided, however, that a member who is duly elected as an officer of this
Association, or elected or appointed as a representative of or to an affiliated labor
organization, shall retain active membership in said local union; provided further,
however, that any active member of a local union or other subordinate body of this
Association who is inducted into or activated with the armed forces of the United States
or Canada may continue to be carried as an active member of said union with payment
of dues, assessments or other union charges waived until such member is relieved from
active duty with the armed forces.
Any active member in good standing who is separated from employment due to a layoff
may continue to be carried as an active member while remaining on a preferred rehiring
list. Payment of such member's per capita shall be waived and he/she shall enjoy all
rights of active membership except that the right to vote in the local union on collective
bargaining agreements shall be determined by each local union on a case-by-case basis.
Any officer or member of a local union or other subordinate body of the International
Association, which ceases to exist because of anti-union action, as a result of which such
officer or member is prevented from engaging in fire fighting or related service, may
retain their membership by the payment of per capita tax and other assessmenttb a
local union in the same District or to a state or provincial association that permits such
membership.
ARTICLE IV INTERNATIONAL CONVENTIONS
Conventions of this Association shall be regularly scheduled biennially prior to August 20
in such city as shall have been selected by a majority of delegates present and voting for
Convention Site Cities.
The method of selecting the Convention Site City shall be as follows: After approval by a
local's membership to submit a proposal for selection as the convention site, the
General President shall compile information on the local's bid to determine if it meets
the criteria for selectibn as the- Convention Site City. The IAFF Executive Board shall
provide the delegates assembled at convention a list of all the candidate cities that meet
the criteria for selection as-the-Convention Site City. The-delegates-at convention shall
vote by a standing count for their preference among all candidates for the Convention
Site City in four years; provided, however, that each delegate can only vote once. If no
candidate for Convention Site City receives a majority vote, the candidate with the
fewest votes shall be eliminated, and the pr6cess shall be repeated until a candidate
receives a majority vote.
In the event that no city bids for a convention and there are thus no candidates for
selection at a particular convention, the selection of a site shall be made by the
Executive Board.
Should extreme or unusual circumstances be such as to prevent the opening of a
convention before August 20 in the city selected by the delegates as its convention site,
the Executive Board shall designate a substitute city or substitute date as soon as
possible, notification of which shall be promptly sent to all local unions and other
subordinate bodies for communication to their delegates.
Section 2. Representation and Delegate Voting of Local Unions
Local unions with a membership of 100 or less shall be entitled to one delegate. Locals
with a membership exceeding 100 shall be entitled to delegates as follows:
Number of Members Number of Delegates
101 to 250 2
251 to 500 3
501 to 750 4
751 to 1000 5
- 1001 to 1250 6
1251 to 1500 7
1501 to 1750 8
1751 to 2000 9
2001 or more 10
The above formula determines the distribution and maximum delegate representation
at a convention.
To be entitled to representation of their delegates in convention, a local union must
have its per capita tax paid on its full membership as required by Section 2 of Article XIII
and also be current in its repayment of loans from the Emergency Disputes Fund;
provided, however, that representation of the local union shall be allocated on the basis
of the average amount of per Capita tax paid monthly by the local 'union on its members
during the preceding twelve (12) months ending March 31. In the case of new local
unions not in existence for the full preceding year, per capita tax paid will be averaged
over the period of their existence on a monthly basis.
Questions shall be decided in accordance with the parliamentary provisions set forth in
Robert's Rules of Order as stated in Section 11 of this Article IV, except that the call of
the-roll-may-be-demanded-by-30%-of the-delegates-present and_voting._Upon_such roll
call each local union is entitled to one vote for each member of the local union for
whom the prevailing full per capita tax has been paid and one-half vote for each retired-
active member for whom one-half of the prevailing per capita tax has been paid,
determined on the basis of the average amount of per capita tax paid monthly by the
local during the preceding twelve (12) months ending March 31. In the case of new local
unions not in existence for the full preceding fiscal year, per capita tax paid will be
averaged over the period of their existence on a monthly basis. Local unions entitled to
5
more than one delegate may send less than their authorized number and on roll call
votes and election of officers any one or the total of such delegates present and voting
may cast the entire vote to which the local is entitled.
Local unions of 100 or less members who do not send a delegate to the convention may
be represented by a joint delegate by giving its proxy to another- local union delegate
(and also the alternate local union delegate), provided the following conditions are
observed:
A. A local union granting a proxy and the delegate and alternate from the local
union accepting the proxy must be in the same District of the International
Association as such Districts are enumerated in Article V, Section 3 of this
B. A proxy may be authorized only after nomination and election by secret
ballot among the members of the local union granting the proxy. Nominees
must be named delegates of another local union in the District that has
already elected such delegates to go to the convention. Nominations may
be made at any meeting of the local union but a notice of when
nominations will be held must be given and notice of the date, time, and
place of election must be mailed to its membership at least 15 days in
advance of such election. Nominations and election may be held at the
same meeting provided that the notice has been sent. The election must be
conducted by secret ballot, but if only one delegate is nominated to carry
the proxy it is not necessary to conduct the election.
No local union delegate may accept proxies to represent- membership in
excess of 100 and provided further, however, that in no event shall the total
of proxy votes carried by all delegates within a local union exceed 200.
D. Proxy voting at the convention shall be permitted only in a call of the roll
Vote and in the election of officers and shall be east by the delegate tarrying
the proxy.
Section 3. Representation of State and Provincial Associations and Joint
Councils"
Each state or Oftivincial association'or joint council duly chartered by this Association
shall be entitled to two delegates at-International conventiOns provided any per capita
tax or proportion of fees due the International-on individual Members admitted to such
subordinate unions is-current-as-required-by SectiOn 4 Of Article XIV.
Each delegate of every state or provincial association or joint council shall be entitled to
one vote on all questiOns before the convention. He/she shall also be entitled to one-
vote in the election of Officers if the delegate has been elected by secret ballot vote of
the membership of all local unions comprising the state or provincial association or joint
council as set forth in Section 4 Of this Article. With respect to those state, provincial
associations or joint Councils Which adMit individual Members pUrsuantlto Section 3 of
6
Article XIV of this Constitution and By-Laws, the two delegates shall agree upon a
delegate chairperson and he/she shall cast the vote of each such individual member in a
call of the roll vote and also in the election of officers if the delegate has been elected
by secret ballot vote of the membership as above stated.
Section 4. Qualifications and Election of Delegates and Alternates
Delegates and alternates to International conventions must be members in good
standing of the local union, state or provincial association, or joint council from which
they hold credentials or International officers who shall be delegates-at-large by virtue
of their office.
All delegates and alternates representing local unions must be elected by secret ballot
vote of the members in good standing of the local union by which they are accredited to
the convention.
All delegates or alternates representing state or provincial associations or joint councils
must be elected in either one of two ways: (1) by secret ballot of the members in good
standing of all the local unions comprising the state or provincial association or the joint
council in which case the delegates of such subordinate organizations shall be entitled
to a voice and vote and full participation in the convention proceedings including the
election of International officers; or (2) by secret ballot vote of the local union delegates
of the state or provincial association or joint council in which case delegates so elected
shall be entitled to a voice and vote in all convention proceedings except the right to
participate in the election of International officers.
With the exception of proxy credentials, no delegate may represent more than one
affiliate nor carry more than one set of credentials to a convention.
NO more than one alternate delegate may be issued credentials for each elected'
delegate.
No International Officer of the Association Shall be eligible to represent any subordinate
union as a delegate Or alternate at the convention but all International Officers elected
by secret ballot vote shall by virtue of such election and office be delegates-at-large. All
delegates-at-large shall be entitled to a voice and vote and full participation in the
convention proceedingS except the elettion of International 'officers, provided that the'
General President shall voteonly When necessary to resolve tie votes.
To cast his/her 'Vote a delegate MUst be-presenf in person and there shall be no voting
by proxy-exCept-as-permitted=by-Section 2 of this Article IV on a Call of the roll and in
Article V, Section 3mn the election of officers.
Section 5. Delegate Credentials
Each elected delegate and alternate delegate shall establish his/her identity and right to
a voice and vote in the convention by presenting to the Credentials Committee not later
than 5:00 P.M. on the first day of the convention, in person or through a member of
7
his/her delegation, the original form of official credential signed by the president and
secretary-treasurer of the local union or other subordinate body of which he/she is a
delegate. Subject to the requirements of this Section that all delegate credentials,
including proxy representation in voting, be in such form and filed with the International
office at such dates as may be specified by the General Secretary-Treasurer, all
credentials shall be registered by the Credentials Committee not later than 5 o'clock
P.M. on the first day of the convention in order to qualify registrants as accredited
delegates. Such credentials shall attest to the fact that the delegate is a member in good
standing of the local union or other subordinate body represented and that he/she has
been elected by secret ballot vote by the members of such body as required by this
Constitution and By-Laws. Delegates and alternates who arrive after 5 o'clock P.M. of
the first day of the convention may be seated if approved by a three-quarter (3/4)
majority vote of the convention delegates. The General Secretary-Treasurer shall certify
to the'Credentia Is Committee all International officers who are entitled to be delegates-
at-large by virtue of their election to office as provided in this Constitution and By-Laws.
Alternate delegates elected as such by secret ballot votes of the members they
represent may be seated in the absence of regular delegates upon presentation of
credentials meeting the foregoing requirements. Alternate delegates attending the
convention shall be issued a different colored ribbon or delegate card by the Credentials
Committee to distinguish them from the regular delegates. In the event that the
alternate is seated because of the absence of the regular delegate, he/she shall
surrender his/her alternate delegate ribbon or card to the Credentials Committee which
shall issue him/her the regular delegate ribbon or card.
Credentials of delegates, including proxy representation and voting as permitted by the
provisions of Section 2)of this Article IV, shall be in such form and filed with the
International Office at such dates as may be specified to the local unions concerned by
the General Secretary-Treasurer. In determining receipt of proxy credentials by the
cutoff date set by the General Secretary-Treasurer, the date of the registered or
certified mail receipt or the date actually received by the General Secretary-Treasurer,
whichever is earlier, will govern.
The General Secretary-Treas-urer shall prepare for the use of the convention and submit
to it a printed list showing the number of votes and number of delegates to which each
local union and other subordinate body is entitled.
In the event that any of the requirements ofthis Section of the Constitution is willfully
violated by any member or members of this Association, such member or members shall
permanently forfeit their membership in the Association.
Section-6. Committees
The General President shall appoint the members of, designate the Chairperson, and
convene the convention committees hereafter designated and such other special
committees as may be necessary for the official conduct of the business of the
convention, unless otherwise ordered.
A. Credentials Committee. The General President shall appoint a committee
composed of at least seven delegates to be known as the Credentials
Committee. This committee shall convene on a date to be set by the
General President prior to the opening of the convention and at the place
where the sessions of the convention are to be held, and shall inquire into
the regularity of the credentials of the delegates and alternates and the
rights of their accrediting subordinate unions to representation at the
convention. It shall receive the original credentials presented by the
delegates as provided in Section 5 of this Article and the certified list of
International officers entitled to be delegates-at-large presented to it by the
General Secretary-Treasurer and be ready to submit its report at the
opening of the convention. It shall also perform such other duties as may be
assigned to it by the General President. Should any protests be filed against
the seating of any delegate or alternate, the convention shall immediately
dispose of all protests prior to proceeding with its other business.
B. Committee on Constitution and By-Laws. The General President shall
appoint a committee composed of one delegate from each District to be
known as the Committee on Constitution and By-Laws. This committee shall
consider all proposed amendments to the Constitution and By-Laws
properly submitted as prescribed in this Constitution and By-Laws. After
such consideration, it shall prepare a report of its recommendations of
approval, rejection or modification of the proposed amendments and shall
present such report to the convention delegates for consideration and
action. In preparing.its report, this committee shall also have the authority
to initiate and recommend proposed amendments. The General President
shall convene this committee at the place where the sessions of the
convention are to be held a sufficient number of days prior to the opening
of such convention to permit proper consideration of the proposed
amendments referred to it and in order that it may prepare its report and
recommendations for submission when requested by the convention.
C. Committee on Grievances and Appeals. The General President shall appoint
a committee consisting of at least three delegates, none of whom may be
an International officer, to be known as the Grievances and Appeals
Committee. All appeals from members, officers, or other legally constituted
bodies of the Association shall if presented in accordance with the
requirements of Article XVIII of this Constitution and By-Laws, be referred to
this committee :Any party-to an appeal to the convention may appear
before the Grievances and Appeals Committee as provided in Section 5 of
Article-XVIII-of-this-Constitution-and-By-LawsThe-Grievances-and-Appeals
Committee shall prepare a report of its findings and recommendations with
respect to all cases submitted to it and shall present such report to the
convention for consideration and action by the delegates. The General
President shall convene this committee at the place where the sessions of
the convention are to be held a sufficient number of days prior to the
opening of the convention to permit proper consideration of the appeals
referred to it and in order that it may prepare its report and
D. Sergeant-at-Arms Committee. The General President shall appoint a
committee composed of sixteen (16) alternate delegates, with one member
being appointed from each District of the Association, to act as Sergeant-at-
Arms. These alternate delegates shall serve at no,additional cost to the
Association. Members of this committee will be responsible for admitting
delegates to the convention floor and will perform such other duties as may
be assigned to them by the General President.
The foregoing committees and such others as are designated by the General President
may, with the approval of the General President, utilize the services of the Association's
General Counsel in the matter of amendments to the Constitution and By-Laws,
preparation of resolutions, legal considerations involved in disposition of appeals, et
cetera, to the extent such committees may consider necessary or desirable.
The General President may appoint such other convention committees for the
convention as may be necessary or desirable for the efficient and expeditious conduct of
its business. Each such committee shall make a report of its deliberations and
recommendations to the convention delegates for such consideration and approval as
may be required.
Section 7. Compensation of Executive Board and Board of Trustees
Members of the Executive Board and Board of Trustees shall be paid the same expenses
and allowances while attending conventions as they are authorized to receive when on
organization work.
Section 8. Order of Business
The following order of business shall govern the convention proceedings unless
otherwise ordered by a majority vote of the delegates:
A. Report of Committee on Credentials
B. Report of Committee on Rules of Order
C. Adoption of Minutes of Previous Convention
D. Roll-call of Officers
E. Reports of Committees
F. Report of Executive Board
G. Good and Welfare
H. Election_of_Officers (where applicable)
Selection of Place of Next Convention
J. Adjournment.
Section 9. Quorum and Legal Majority
Delegates from five percent of the total number of local unions or other subordinate
bodies of the Association, provided such unions are representative of at least five
10
districts, shall constitute a quorum at conventions. A majority of such delegates present
and voting shall legalize action on all questions except as may otherwise be expressly
provided in this Constitution and By-Laws.
Section 10. Convention Guests
The General President, with the approval of the Executive Board, shall have the
authority to invite and authorize the compensation of such convention guests as he/she
may deem in the interests of the Association.
Deliberations of the International, including the International's Executive Board
meetings and the International Convention, shall be governed by Robert's Rules of
Order to the extent that such Rules are not superseded by express provisions of the
International's Constitution and By-Laws. Local, state and provincial affiliates may
choose to adopt either the most recent edition of Robert's Rules of Order or Atwood's
Rules for Meetings to govern their deliberations; provided that, unless a local, state or
provincial affiliate's constitution explicitly states otherwise, the president of such
affiliate will have the final authority, subject only to internal appeal to the International
pursuant VS Article XVIII of this Constitution and By-Laws, to decide questions of
parliamentary rules and questions involving interpretations of the affiliate's constitution
and by-laws.
Section 12. Emergency Conventions
The Executive Board shall have the authority to call an emergency convention at any
time an emergency arises requiring such action provided that advance notice shall be
given to all local unions and other subordinate bodies of the Association in sufficient
time to permit election and accrediting of delegates.
ARTICLE V - INTERNATIONAL OFFICERS AND ELECTIONS
Section 1. Number and Titles
The officers of this Association shall consist of a General President, a General Secretary-
Treasurer, sixteen International Vice Presidents and an International Board of Trustees
consisting of three members. At the 1992 Biennial Convention, the titles were changed
to reflect General President and General Secretary-Treasurer.
The General President_General_Secretary-Treasurer, and Vice Presidents shall jointly
compose the Executive Board of this Association, the chairperson of which shall be the
General President.
Any member in good standing of this Association or an incumbent officer, unless
ineligible by virtue of provisions of this Constitution and By-Laws or provisions of
11
applicable law, shall be eligible for nomination and election as an officer. No elective
officer of this Association shall be entitled to hold more than one office at the same
time, nor shall any candidate's name appear more than once on any ballot for elective
office.
Section 3. Method of Nomination and Election
All International officers shall be nominated in the regular manner except for candidates
for the office of Vice President, who, effective at the Association's 1976 Convention and
thereafter, shall be nominated at caucuses of their respective districts. All International
officers shall be elected by majority vote through secret ballot of duly accredited IAFF
Convention delegates who are entitled to participate in election of International
officers, said elections for the various offices to be conducted as hereinafter provided.
In voting for all officers each local union and other subordinate body of this association
shall have the same number of votes to which it is entitled on a roll call vote as
heretofore provided in Article IV, Sections 2 and 3. If an affiliate votes by bloc, the ballot
shall be cast by the chairperson of the delegation and shall reflect the full voting
strength to which the affiliate is entitled. If the ballot is cast by individual delegates, it
shall carry the voting strength of the particular delegate as allocated by the General
Secretary-Treasurer on an equal basis with the chairperson of the delegation casting the
odd votes. In the case of all officers, a majority of all valid votes cast shall be necessary
for election. If three candidates are nominated for the same office, none of whom
receives a majority of votes on the first ballot, a runoff election will be held between the
two candidates having the highest vote. If more than three candidates are nominated
for the same office, none of whom receives a majority of the votes on the first ballot, a
runoff election will be held among the three candidates having the highest vote. If no
candidate receives a majority vote in the runoff election, then a second runoff election
will be held between the tinio candidates having the highest- vote.- -
All elections Of officers shall be so conducted that nominations will be made on the day
proceeding the tirrie of election:.
Effective at the 1988 Biennial Convention, the General President and General Secretary-
Treasurer shall be elected for four-year terms; and effective at the 2004 Biennial
Convention, the International Vice Presidents and International Trustees shall be elected
for four-year- terms.
To be:eligible for the office of Vice President, a candidate must be' a resident of the
. .
district which- he/she is elected to represent and nominated and elected by the duly
accredited delegates from said district Only, and a'majority_vote_of.those_delegates
present from said district shall be necessary for election.
'
The districts, each of which shall be entitled to be- represented by a Vice President, shall
be geographically.located as follows:
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District No. 1
New York
New Jersey
District No. 2
_Nebraska
Kansas
Iowa Missouri
District No. 3
Maine Massachusetts New Hampshire Connecticut
Vermont Rhode Island
District No. 4
District of Columbia West Virginia Virginia Pennsylvania
Delaware Maryland
District No. 5
North Dakota Wisconsin South Dakota Minnesota
District No. 6
British Columbia
Yukon
Alberta Saskatchewan
Northwest Territory
District No. 7
Montana
Washington
District No. 8
Ohio Illinois
Michigan --------
District No. 9
Oregon
Colorado
Wyoming
District No. 10
California
New Mexico
Idaho Alaska
Arizona
Utah
Indiana Kentucky
_ _
Nevada
Hawaii
District No. 11
Oklahoma
District No. 12
Georgia
Florida
Texas
North Carolina
Puerto Rico
Canal Zone
South Carolina Caribbean Area
District No. 13
Ontario Manitoba
District No. 14
Arkansas Alabama Louisiana Tennessee
Mississippi
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District No. 15
Quebec
Nova Scotia
Newfoundland New Brunswick

Prince Edward Island
District No. 16
All federal fire fighters of the United States and Canada
Delegates representing federal fire fighters may participate in the nomination and
election of Vice President of the 16th District only and shall not participate in the
nomination or election of Vice Presidents from any other District, anything to the
contrary herein notwithstanding. It shall be the duty of the Vice President of the 16th
District to work with and for federal fire fighter organizations affiliated with the
International Association of Fire Fighters.
To be eligible for office as a member of the Board of Trustees, a candidate must be a
resident of the region which he/she is elected by duly accredited delegates from said
region only who are entitled to participate in the election of International officers, and a
majority vote of such delegates present from said region shall be necessary for election.
The regions, each of which shall be entitled to be represented by a Trustee, shall be
geographically located as follows:
Region 1. Canada
Region 2. Eastern United States-Alabama, Arkansas, Connecticut, Delaware, District of
_ Columbia, Florida, Georgia, Illinois,_Indiana, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan-,-Mississippi, New Hampshire, New Jersey, New York, North
Carolina, Ohio, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee,
Vermont, Virginia, West Virginia, Virgin Islands
Region 3. Western United States-Alaska, Arizona,- California,,Colorado, Hawaii, Idaho,
Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wisconsin,
Wyoming, Canal Zone
All International officer elected as aforesaid by secret ballot vote shall also be
delegates-at-large at all conventions Of the Association during their term of office by
virthe of such office. '
Section 4. Installation and Term of Office
The elected officers and trustees shall be installed-by the-General President or-his/her
deputy effective thirty (30) days following their election at convention at which time
they shall assume the duties of their respective offices. They shall serve until the
election and installation of their successors unless relieved of their duties as provided in
this Constitution and By-Laws. -
14
Should a vacancy occur in any of the International offices due to death, resignation,
incapacity or other cause, the vacancy shall be filled in the following manner:
In the event of a vacancy in the office of General President or in the office of General
Secretary-Treasurer, the Executive Board shall meet and elect by secret ballot no later
than sixty (60) days from the date the office is vacated one of the members of such
Board to fill the unexpired term of either or both of such offices vacated.
In the event a vacancy occurs in the office of a Vice President more than sixty (60) days
prior to the next convention at which an election for such office is to be held, it shall be
filled by nomination and secret referendum election by the local unions of the district in
which the vacancy occurs which shall be entitled to one vote for each of its members in
good standing as of the time of the election. The state and provincial associations and
joint councils shall be entitled to cast the same number of votes as at convention. The
nominations shall be submitted and the election conducted under the direction and
supervision of the General President and in accordance with the rules issued by him/her
implementing these provisions of the Constitution and By-Laws including, but not
limited to, the time within which nominations will be received, the terminal date on
which all referendum ballots must be postmarked returned, and provisions for runoff
elections in the event more than three (3) candidates are nominated, none of whom
receives a majority of the valid ballots cast on the first ballot in which event all
candidates other than the three (3) leading contestants shall be dropped and the
balloting shall continue until a candidate receives a majority vote necessary for election
as Vice President of said district, provided that in the event none of the final three (3)
candidates receives a majority of the votes cast the candidate receiving the lowest vote
shall be dropped and the ballot conducted on the remaining two (2) candidates. In the
event a vacancy occurs within a period of sixty (60) days preceding a convention at
which an election for such office is to be held, it shall be filled by election at such
convention.
In the event a vacancy occurs on the International Board of Trustees;the General
President shall notify each of the other members of the Executive Board, in the region
where the vacancy has occurred, to submit the name of one qualified member for the
regional vacancy for consideration as successor to fill such vacancy. The General
President shall also notify the local unions and other subordinate bodies within the
region involved and request their recommendations prior to the submission of a
proposed successor. The General President shall select three (3) members from the
names submitted as aforesaid who are qualified to fill such vacancy by being a member
in good-standing of-the-As-sociation,The-three-(3)-members-thus-selected_shall_be
submitted by the General Presidentto the Vice Presidents in the region concerned who
shall, by majority vote, elect one of the three to fill the vacancy. Each Vice President in
the region of the vacancy may vote the number of members in their District working in
the region as stated by the General Secretary-Treasurer at the most recent Executive
Board meeting. In case none of the three members receives a majority of the votes cast
by the Vice Presidents in the region of the vacancy on the first ballot, the member
15
receiving the lowest vote shall be dropped and such Vice Presidents shall vote on the
remaining two members.
Section 6. Salaries, Allowances and Expenses
The salaries of all International officers shall be established by majority vote of the
delegates at conventions. Each officer shall also be allowed his/her expenses and
allowances as authorized by the Executive Board. By action of the convention delegates
effective August 4, 1982, the International Executive Board is authorized to approve,
deny, or modify cost of living raises (not to exceed the actual cost of living) granted
International officers at previous conventions, such action by the Executive Board to be
taken on the first day of October of each year based upon the financial condition of the
Association as projected in the line item budget.
Upon leaving the employment of the IAFF, the General President and General Secretary-
Treasurer shall receive severance pay as established by existing policy in 1982.
Effective September 1, 2006, Vice Presidents shall receive a salary of $67,168.53. These
salaries shall be updated biennially in this Section to reflect all CPI increases. All
administrative days and per diem days for Vice Presidents are abolished upon the
receipt of salaries.
The position of President Emeritus is hereby established. Such position is granted to
Alfred K. Whitehead immediately upon and concurrently with _the effective date of their
respective retirements as President of this Association.
This position shall carry with it ex-officio lifetime membership in the International
Association of Fire Fighters and automatic selection as a delegate-at-large to each of its
conventions.
This position shall also carry with it the duty on the part of the President Emeritus to
advise and consult with the General President and/or the Executive Board upon request
when such service is desired in the best interests of the International Association.
Adopted by International Convention, August 18, 1980.
Section 8. Secretary-Treasurer Emeritus
The position of Secretary-Treasurer Emeritus is hereby established. This position will be
occupied by Frank A. Palumbo effective August 2, 1982. Effective August 23, 2010,
Secretary-Treasurer Emeritus status is also granted to Vincent J. Bollon.
Association of Fire Fighters and automatic selection as delegate-at-large to each of its
conventions.
16
This position shall also carry with it the duty on the part of the Secretary-Treasurer
Emeritus to advise and consult with the General President and/or the Executive Board
upon request when such service is desired in the best interests of the International
Association.
Section 9. Vice President Emeritus
The position of Vice President Emeritus is hereby established for Brother Jack Bostick to
be occupied by him immediately upon and concurrent with the effective date of his
retirement as International Vice President of this Association.
Jack Bostick is uniquely qualified for this honor because of his thirty years of dedicated
service to this Association which he has performed with conspicuous distinction. He has
justly earned the accolade of 'Elder Statesman' of the Executive Board.
The position of Vice President Emeritus is also established for former Vice Presidents
Raymond M. Hemmert, effective August 6, 1986; Charles A. Hall, effective August 23,
1994; James R. King, effective August 25, 1994; Russell P. Cerami, effective September 7,
1996; John K. Stephens, effective August 18, 1998; James L. Hill, effective September 19,
1998; Elliott Hastings, effective September 19, 1998; Dominick C. DiPaulo, effective
September 1, 2000; Robert E. Palmer, effective September 1, 2000; Charles L. Buss,
effective September 1, 2000; Gerald 0. Holland, effective September 2, 2000; Michael J.
Crouse, effective August 14, 2002; Ernest A. "Buddy" Mass, effective September 19,
2004; Terry A. Ritchie, effective September 19, 2004; Michael D. McNeill, effective
August 11,2008; Dominick Barbera, effective August 12, 2008; Kevin E. Gallagher,
effective July 24, 2012; Bruce A. Carpenter, effective July 24, 2012; and James A. Fennell,
effective July 24, 2012.
conventions.
This position shall also carry with it the duty on the part of the Vice President Emeritus
to advise and consult with the General President and/or the Executive Board upon
request when such service is desired in the best interests of the International
Association.
In order to be considered for' IAFF Vice President Emeritus at convention, the individual
must have served as an IAFF Vice President for no less than ten (10) years. Nominations
of an individual for IAFF Vice President Emeritus can only be made by an affiliate within
the District in-which the individual served.
Any Vice President Emeritus elected beginning at the 41st Convention and subsequent
conventions and all current Vice President Emeriti shall be given guest status and
afforded the following costs: air travel, accommodations at the convention hotel and
normal daily expenses while attending convention.
17
Section 10. Trustee Emeritus
In accordance with Resolution Nos. 97 and 98 of the 1996 Convention, there is hereby
established the position of Trustee Emeritus for William McGrane upon the effective
date of his retirement; and in accordance with Resolution No. 3 at the 2002 Convention,
there is hereby established the position of Canadian Trustee Emeritus for Dennis Lloyd,
upon the effective date of his retirement. The position of Trustee Emeritus is also
established for former Trustee Robert Greenwood, effective August 11,2008. This
position shall carry with it ex-officio lifetime membership in the International
conventions.
This position shall also carry-with it the duty on the part of the Trustee Emeritus to
In order to be considered for IAFF Trustee Emeritus at convention, the individual must
have served as an IAFF Trustee for no less than ten (10) years. Nominations of an
individual for IAFF Trustee Emeritus can only be made by an affiliate within the Region in
which the individual served.
Trustee Emeriti elected beginning at the 43rd Convention and subsequent conventions
shall be given guest status and afforded the following costs: air travel, accommodations
at the convention hotel and normal daily expenses while attending convention.
Section 11: --Dual Status of Emeriti Delegates at IAFF Convention
Effective upon the commenceement of the 2002 IAFF Convention, any IAFF Emeritus
officer who is seated at an IAFF convention as a delegate or an alternate shall not be
granted guest status and May not attend as a delegate-at-large at the same Convention.
ARTICLE VIAUTHORITY AND DUTIES OF INTERNATIONAL OFFICERS
Section 1. General President
The General President shall be the executive head of the Association and shall preside at
all meetings of the Executive Board and at all sessions of Association conventions.
He/She shall also be a delegate-at-large to all conventions of this Association by virtue
of his/her office -and shall have a voice and vote on all matters before such conventions
(except-the-election-of-International-officers)-but-shall-not-exercise-such_vote_except_to
resolve a tie vote. He/She- shall be a 'member ex officio of all committees. He/She shall
submit to each regular converition of the Association a rePort of his/her official acts
during the interim between conventions together with his/her recommendations or
suggestions for such improvements or changes in . the conduct of the affairs of the
Association as in his/her judgment are necessary or desirable to the advancement of its
best interests. He/She shall appoint committees at conventions in accordance with the
provisions of Section 6 of Article IV. In the interim between conventions he/she shall
18
appoint such committees as are necessary in his/her judgment to conduct the affairs of
the Association in an efficient manner; provided, however, that at least one member of
the Association's Executive Board will be appointed to each interim committee and;
provided further, however, that the General Secretary-Treasurer is hereby designated as
a permanent member of the Finance Committee with full voting rights.
Together with the General Secretary-Treasurer, he/she shall sign all orders and checks
of the Association which in his/her judgment are lawfully and properly drawn. He/She
shall execute such contracts and agreements on behalf of the Association as are
necessary for proper discharge of its business and shall submit a copy of all such
contracts and agreements to the Executive Board.
In conjunction with the Executive Board and General Secretary Treasurer, he/she shall
have control of all Association publications, printing and releases. He/She shall be the
Editor of the official Association publication and may employ an associate editor to aid
in the discharge of these duties.
He/She shall have the authority to call a meeting of the Executive Board by giving the
members thereof at least ten (10) days advance notice.
He/She shall enforce strict observance of the C6nstitution and BY-Laws of the
Association, and he/she shall interpret such laws and decide any disputes or
controversies concerning their meaning or application Which shall be appealed to
him/her: Such interpretations and decisions shall be final and binding unless changed on
further appeal to the Executive Board or International Convention as herein provided.
He/She shall pass upon and-approve or reject all by-laws or other governing laws of
subordinate unions which shall be submitted to him/her for approval prior to printing or
issuance thereof as provided in Section 3 of Article XIII.
He/She shall generally supervise the activities of the Vice Presidents and other
International representatives and from time to time direct them to provide their
professional advice and technical skill to local unions and other subordinate bodies as
required iri the best interests of the Association' and he/she shall enforce the policy of
the International prohibiting Staff Representatives or any other employee of the
International from engaging in politics or policy making of the International.
Not less than once each mOnth he/she Shall submit an itemized statement of all
expenses tnctirred by him/her during the preceding month to the General Secretary-
Treasurer.
He/She shall, with the approval Of the Executive Board, retain a General Counsel for the
Association and employ Such legal services as in his/her judgment are necessary for the
protection or advancement of the interests of the Association. -With the approval of the
Executive Board, he/she shall also have the authority to employ such clerical and other
assistants as may be necessary for the efficient discharge of his/her duties and pay such
salaries as the Board approves.
19
He/She shall appoint a full time legislative representative who shall be approved by the
Executive Board which shall also set the salary to be paid.
He/She shall also discharge on behalf of the Association such duties as may be imposed
upon him/her by applicable civil law including the execution and filing of any reports to
federal and state authorities, and he/she shall cause to be maintained by the
Association such records as the law requires to be kept in support of reports filed by the
Association.
The General President shall also be responsible for informing, from time to time as may
be required, all local unions, state or provincial associations, and joint councils as to
their obligations under applicable law, and he/she shall cause to be issued such
instructions as may be necessary for compliance therewith.
He/She is authorized to summarily suspend from office any officer of a local union, state
or provincial association or joint council subject to the conditions and requirements of
Article XI of this Constitution and By-Laws.
He/She shall also appoint International Trial Boards as provided in Section 2 of Article
XVII and shall entertain appeals as prescribed in Section 3 of Article XVIII of this
He/She shall have the authority to designate IAFF Vice Presidents from adjacent
geographical districts to sit as pre-trial Review Boards to rifle on charges in accordance
with Article XVI, Section 5, and to appoint IAFF Representatives to act as presiding
officials to assist local trial boards in procedural matters after a request is made by a
charging or charged party or a local affiliate responsible for conducting atrial board
under Article XVII, Section 1.
He/She shall have the sole authority to appoint representatives for the IAFF to all
organizations and committees outside of the IAFF. Such appointments shall be reported
to the next IAFF Executive Board meeting.
In addition to the foregoing, he/she shall exercise authority and perform such other
duties as are additionally prescribed in this Constitution and By-Laws or which may be
delegated or assigned to him/her by the Executive Board or by the delegates at
International conventions.
Section 2. General Secretary-Treasurer
The General Secretary-Treasurer shall receive all moneys due the Association from
whatsoever source, and shall be the custodian of the official seal and all records, books,
papers and property of the Association except as may otherwise be provided in this
Constitution and By-Laws. He/She shall also be a delegate-at-large to all conventions of
this Association by virtue of his/her office and shall have a voice and vote on all matters
before such conventions except -the election of International officers: He/She shall keep
an accurate journal of all convention proceedings and shall maintain such record. Within
one hundred eighty (180) days after the adjournment of a convention he/she shall
20
compile and publish a report of the convention proceedings and shall send and make
available electronically a copy thereof to each affiliated local union or other subordinate
body, all convention delegates and to each of the members of the Executive Board and
Board of Trustees. He/She shall also send and make available electronically to each
affiliated local union or other subordinate body, all convention delegates and to each of
the members of the Executive Board and Board of Trustees at the earliest possible date
following adjournment of the convention a summary of the convention resolutions and
their disposition at the convention. He/She shall also keep or cause to be kept minutes
of all proceedings of the Executive Board and shall maintain such minutes with the other
records of the Association.
He/She shall maintain and keep current a record of all members of the Association
together with their local union or other subordinate union affiliation and their
addresses. He/She shall submit to each International Convention of the Association at
least thirty (30) days before the convention meets a written report showing the number
of all local unions and other subordinate bodies and a list of their members in good
standing. He/She shall also furnish to the Committee on Credentials at each convention
a statement of the financial standing of each local or other subordinate union and the
number of delegates it is entitled to seat in the convention. He/She shall also submit to
each regular convention of the Association a report of his/her official acts during the
interim between conventions together with his/her recommendations or suggestions
for such improvement or changes in the conduct of the affairs of the Association
relating to his/her authority and duties as in his/her judgment are necessary or desirable
to the advancement of its best interests.
He/She shall conduct all necessary correspondence of his/her office and attest all official
documents with his/her signature and the seal of the Association and provide him/her
and all other International officers and employees With all necessary books, stationery
and supplies. With the approval of the Executive Board, he/she shall employ such
clerical and other assistants as may be necessary for the efficient discharge of his/her
duties and the general administration of the Association's business, and shall pay such
salaries as the Board approves. He/She shall also serve as Secretary of the Executive
Board.
He/She shall have charge of all funds of the Association and shall make disbursements
by the voucher-check system countersigned by the General President to cover all
expenses of operating and administering the business and affairs of the Association as
authorized by this Constitution and By-Laws and any resolution adopted by the
Executive Board pursuant to authority herein granted.
He/She-shall-not-invest-the-funds-of-the-Association-or-any-portion-thereof_inzeal
property, stocks, shares, bonds or other securities without first obtaining in writing the
recommendation of a qualified investment authority and without also obtaining
approval of the Executive Board.
He/She shall be prepared to exhibit receipts and vouchers upon the examination of
his/her books and furnish any requested information to the Board of Trustees or any
auditors employed by it or to the Executive Board. In the months of October, January,
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April, and July he/she shall furnish the Executive Board and the Board of Trustees with
an itemized statement compiled by a certified public accountant of all money received
and disbursed during the preceding quarter. He/She shall close all accounts of the
Association on September 30th of each year. All books of the International shall be open
to inspection at any time by the Executive Board or Board of Trustees.
He/She is empowered, either in person or with the assistance of the Vice President of
the district in which the local union or other subordinate body is located or with such
auditors as he/she may employ with the approval of the Executive Board, to at any time
have an audit made of the books and accounts or to examine the books and accounts
and membership records of any local union or other subordinate body of this
Association.
He/She shall receive all applications for charters to establish local or other subordinate
unions of the Association. When accompanied by the required fee and dues and
submitted in compliance with all applicable provisions of this Constitution and By-Laws,
he/she shall endorse such application for charter and forward it for approval of the
General President. If the application is approved, the General Secretary-Treasurer shall
prepare and issue the charter as provided in the said Sections and Articles.
He/She shall cause to be printed in the Association's official publication all proposed
amendments to this Constitution and By-Laws received by him/her in accordance with
the procedure prescribed in Sections 1 and 2 of Article XX.
He/She shall establish and maintain such Funds, allocate revenue and make
disbursements as prescribed in Section 9, 10, 11, and 12 of Article VIII of this
He/She shall cause to be printed and furnish to all local unions, other subordinate
unions, and members of the Association such charters, manuals of common procedure,
membership cards, and forms necessary to the uniform conduct of the business of the
Association.
He/She shall also print and issue all membership cards to all individual members of the
Association bearing the name of the Member, card number, local or other subordinate
union designation, and such other inscription as is necessary, and no local union or
other subordinate body of the Association shall issue membership cards to any
individual member.
He/She shall prepare a statement of all his/her expenses not less than once monthly and
be prepared to justify any'expenditure if requested by thse Executive Board.
He/She shall discharge on behalf of the Association such duties as may be imposed upon
him/her by applicable law including the execution and filing of any reports to federal
and state authorities, and he/she shall cause to be maintained by the Association such
records as the law may require to be kept in support of reports filed by the Association.
22
He/She shall assign a cost factor to all resolutions presented to the International
Convention which, if adopted, require additional expenditures, and increase the per
capita by the cost factor. He/She shall also assign a negative cost factor to all resolutions
which, if adopted, reduce expenditures, and reduce the per capita by the amount of the
negative cost factor.
In the absence and/or unavailability of the General President, the General Secretary-
Treasurer shall carry out the established policies of the Association.
In addition to the foregoing, the General Secretary-Treasurer shall exercise authority
and perform such other duties as may be additionally prescribed in this Constitution and
By-Laws or which may be delegated or assigned to him/her by the Executive Board, the
Board of Trustees, or the convention delegates.
Vice Presidents shall serve as representatives of the International Association in their
respective districts and may advise local unions and other subordinate bodies in such
districts regarding International policy and procedure. They shall make available their
professional and technical skill and experience to such local unions and other
subordinate bodies when so directed by the General President. They shall also organize
and install officers of newly chartered local unions or delegate such assignments to
other subordinate bodies of the Association and perform any other services in
connection therewith upon request of the General President or General Secretary-
Treasurer.
The Vice Presidents shall attend all conventions of the Association and meetings of the
Executive Board. By virtue of their election as Vice Presidents, they shall be delegates-
at-large at all conventions of the Association entitled to a voice and vote and full
participation in the convention proceedings except the election of International officers.
They shall also preside at such Conventions and board meetings when called upon to do
so by the General President or, in the General President's absence, by the Executive
Board.
The Vice Presidents may recommend state and provincial representatives for
appointment by the General President of the IAFF, who may accept or reject the
recommendation, to serve at the pleasure-and call of the General President.
The Vice Presidents shall furnish, on forms provided by-the General Secretary-Treasurer,
weekly itemized accounts of their expenses while in the actual performance of their
duties.
Upon direction by the General President, Vice Presidents shall pick up and transmit to
the General Secretary-Treasurer the charter of any local union or other subordinate
body in their respective districts which has been forfeited by such subordinate body for
failure to pay per capita taxes or other fees due the Association or for any of the other
reasons prescribed in Article XII of this Constitution and By-Laws governing dissolution
of subordinate unions and.forfeiture of their charters.
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Each of the Vice Presidents shall present a report of his/her official acts and work during
his/her term of office to each regular convention of the Association.
In addition to the foregoing, each Vice President shall exercise authority and perform
such other duties as are additionally prescribed in this Constitution and By-Laws or
which may be delegated or assigned to him/her by the Executive Board or by the
convention delegates. (Regarding Vice President's pension benefits, see Article VIII,
Section 13.)
Except as otherwise provided by this Constitution and By-Laws the Executive Board,
which shall consist of the General President, General Secretary-Treasurer, and the
sixteen (16) Vice Presidents, shall have full and complete charge of all business of the
Association in the interval between conventions, and their decisions shall represent the
final judgment of the Association unless appealed to and reversed by the convention
delegates as hereafter provided.
In the absence and/or unavailability of both the General President and the General
Secretary-Treasurer, the senior International Vice President shall carry out the
established policies of the Association.
The Executive Board shall entertain appeals as provided in Section 4 of Article XVIII and
trial-boards of its members appointed by the General President shall exercise original
Jurisdiction in all trials of International officers or those resulting from charges preferred
by International officers as prescribed in Section 2 of Article XVII. It is also empowered
to summarily suspend from office any International officer subject to the conditions and
requirements of Section 2 of Article XVII.
The Executive Board shall 'hold meetings on call of the General President or on call
signed by a majority of its members. Eight (8) members shall constitute a quorum
competent to transact business. Minutes of all meetings of the Board, which shall
include a-clear and complete statement of intent of all substantive Motions adopted by
the Board, shall be kept by the Secretary of the Board who shall be the General
Secretary= Treasurer. -
Per capita voting On Executive Board roll call votes shall be allowed when a minimum of
thirty per cent (30%) of the Executive Board supports a motion for a per capita vote.
The Executive Board shall exercise general-supervision-and control over the investments
and disbursements of the-funds or-property of-the Association by the-General Secretary -
Treasurer and authorizations for expenditure of funds by the General President as
specified M this Constitution and By Laws, or authorized by any resolutions adopted at
Association conventions, or resolutions adopted by the Executive Board between
conventions pursuant to authority herein granted said Board to authorizethe
management, investment and expenditure of the property and funds of the Association
in accordance with its established practices, customs, and procedures, including, but not
limited to; expenditures for charitable, educational, legislative, economic, political,
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social, and cultural purposes in the interests and for the benefit of the Association and
its members.
The ,money and property of this Association shall be used solely for the benefit of the
Association and its members and not for the personal gain or profit of any officer or
member. The officers, agents, representatives, and employees of this Association who
handle its funds or property shall be held to this standard of conduct and accountable
for any breach thereof under this Constitution and By-Laws and as provided by law. The
Board shall also have authority to require from all International officers and
representatives an itemized account of all money expended by them and may
disapprove any expenditure not authorized by this Constitution and By-Laws or
resolutions adopted thereunder.
In authorizing expenditures or loans neither the Executive Board nor any officer acting
on behalf of it or this Association shall directly or indirectly make any loans to any officer
or employee of the Association.
When conditions require it in the best interests of the Association, the Executive Board
is empowered to authorize the General Secretary-Treasurer to transfer a specified
amount of money from one fund to another; provided, however, that no transfer of any
direct contributions made by the General President or General Secretary-Treasurer to
the Officers' Retirement Plan Trust as provided in Section 11 of Article VIII shall be made
from such fund.
The-funds of this Association shall not be obligated or used direCtly Or indirectly to pay
the fine of any officer or eMplojfee Convicted of-any willful-violation of the Labor-
Management Reporting 'and Disclosure Act of 1959, but this prohibition shall not
prevent the assumption by the Association of the costs of defending the-Association,
any subordinate body thereof, or any of their officers, agents, representatives or
employees in any civil or criminal proceedings in which they may become involved for
alleged violations of law.
The Executive Board shall conduct the trial of any officer of a local union, state or
provincial association or joint- council summarily suspended from office by the General
President subject to the Provisions Of Article XI, and it shall pass upon any propoSed
revocation by the General President of the charter of any local union or other
subordinate body of the Association.
"the'ExecUthie BOard shall present through its Secretary a report of its'Official acts to
each regUlir Convenfion of the Association- together with its}e- commendations or
suggestions-forsuch'improvement-or changes-in-the conduet-of-Ithe-affairs Of-the
Association as in its judgment are necessary or desirable to the advancement of its best
interests.
-
The Board of Trustees shall check the books of the Association at least once each year
and at such other times as they deem advisable, and they shall engage a certified public
25
accountant who shall be independent from any person or firm performing auditing
services for the Association to make an audit of the accounts of the General Secretary-
Treasurer once each year, and he/she shall have full access to all books and records of
the General Secretary-Treasurer pertaining to financial matters of the Association. The
Board of Trustees shall make a report of their findings on examination of the books to
the Executive Board and to the delegates at each convention.
Together with the General Secretary-Treasurer the Board of Trustees shall also be
responsible for bonding of all officers and employees as provided by this Constitution
and By-Laws and required by applicable law and shall be the custodian of all such bonds
which shall be held in trust for the benefit of the Association.
Section 6. Bonding of International Officers and Employees Handling Funds
or Property
All officers and employees of the International who handle funds or property of the
Association shall be bonded in such amounts as may be required by the Board of
Trustees and the General Secretary-Treasurer in compliance with applicable law, the
expense of such bonding shall be borne by the Association, and all bonds shall be held in
trust for the benefit of the Association by the Board of Trustees.
Section 7. Officers' Reports to Convention
Each officer, the Executive Board, and the Board of Trustees shall prepare reports
biennially of their work and official acts and submit Such reports to the General
Secretary-Treasurer on or before the tenth (10th) day of April prior to the convention of
the Association in order that they may be printed and placed in the hands of the
delegates at the opening of each convention.
Members of the Executive Board and the Board of Trustees shall attend all conventions
and meetings required by the Constitution and By-Laws-unless prevented from doing so
because of illness or other good reason that is excusable by the General President.
Section 9. Authorization to Represent the IAFF
Without prior written approval of the General President, no IAFF member or officer may
represent the IAFF in any legal, administrative, or-International union proceeding or any
forum or proceedings whatsoever; provided, however, that nothing therein shall alter
the authority and duties of the General Secretary-Treasurer, Vice Presidents, or
Trustees, as set forth in this Constitution and By-Laws.
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ARTICLE VII- OFFICERS' RETIREMENT BENEFITS
Section 1. Principal Officers' Benefits
A. Any IAFF Principal Officer shall be eligible to receive retirement
compensation after reaching his/her 55th birthday and having completed at
least one full term of service as a Principal Officer. The amount of annual
retirement benefit to which a Principal Officer may be entitled shall be
based upon the annual compensation being paid to the position such officer
last held preceding his retirement and shall be recalculated each occasion
on which the annual compensation currently being paid to such position is
increased or decreased. In the event the annual compensation being paid
to the position last held preceding retirement increased less than the
change in the Consumer Price Index, U.S. City urban wage earners, over
the period since the last salary increase, the retirement compensation shall
be increased by the increase in the Consumer Price Index. The annual
retirement benefit for Principal Officers shall be computed as follows: six
percent of final 12-months compensation for each year of service for years
1 4, a total of 24% of final 12- months compensation credited for years 1
4; five percent of final 12-months compensation for each year of service for
years 5 8, a total of 20% of final 12-months compensation credited for
years 5 8; four percent of final 12-months compensation for each year of
service for years 9 12, a total of 16% of final 12-months compensation
credited for years 9 12; three percent, 3% of final 12-months
compensation for each year of service for years 13 16, a total of 12% of
final 12-months compensation credited for years 13 16; two Percent, 2%,
of final 12-months compensation for each year of service for years 17 20,
a total of 8% of final 12-months compensation for years 17 20; and one
percent, 1%, of final 12 months compensation for each year of service for
years 21 24, a total of 4% of final compensation for years 21 24, with any
partial year of service prorated according to the number of full months
served in that year.
B. Only time as a principal officer may be used in calculating retirement and/or
surviving spouse benefits.
C. Eligibility requirement of age fifty-five (55) and one full term of service may
be waived only in case of disability necessitating separation from service as
principal officer.
D. No retirement-compensation-or-surviving-spouse-benefits-shall_be-paid by
the Association to any principal officer or his/her surviving spouse if such
principal officer is removed from office or suspended or expelled as
provided in this Constitution and By-Laws prior to coMpletion of one full
term of service as a principal officer.
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Section 2. Widow's/Widower's Benefits
A surviving spouse of a principal officer shall be entitled to a monthly benefit of fifty
percent (50%) of the amount the officer was receiving or twenty-five percent (25%) of
his/her monthly pay if he/she died while holding office.
ARTICLE VIII- REVENUE AND FUNDS
The revenue of this Association shall be derived from charter fees and per capita taxes,
the amounts of which shall be established by vote of the delegates at regular
Association conventions; from the Association's proportion of initiation and
reinstatement fees, the rates of which shall be established by majority vote in local
unions and other subordinate bodies as provided in Section 4 of Article XIII and Section
8 of Article XIV; all of which rates shall be subject to the minimum amounts hereafter
prescribed in this Article; from special assessments as provided in Section 6 of this
Article; from amounts earned through investment and miscellaneous receipts; from the
sale of necessary supplies at prices to be fixed by the General Secretary-Treasurer; and
from subscriptions to the official publication.
Local unions organized under a subordinate to the International Association of Fire
Fighters shall pay the General Secretary-Treasurer one hundred fifty dollars ($150.00)
for their charter, books and seal. State and provincial associations and joint councils
shall also pay a charter fee of one hundred fifty dollars ($150.00).
Section 3, Initiation Fees
Ten dollars ($10.00) of each initiation fee paid to local unions by applicants for
membership shall be paid by the local union to the Association.
Where state or provincial associations or joint councils admit to membership persons
not eligible to membership in a local union, ten dollars ($10.00) of the initiation fee shall
be paid to the Association.
Section 4. Reinstatement Fees
Ten dollars ($10.00) of each-reinstatement fee paid to local unions shall be remitted to
the Association.
Where state or provincial associations or joint councils reinstate individuals to
membership,-ten dollars ($10.00) shall be paid to the Association.
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Unless otherwise specifically dated, all increases in per capita tax are effective on the
first day of the month following adjournment of the convention at which they are
adopted.
The total accumulated per capita tax resulting from resolutions adopted at convention
(any fraction rounded off to the next higher cent by the General Secretary-Treasurer) is
as follows:
Effective September 1, 2012, the per capita tax is twelve dollars and thirty-six cents
($12. 36) for each active member per month and six dollars and eighteen cents ($6. 18)
for each retired-active member.
Effective September 1, 2013, the per capita tax of twelve dollars and thirty-six cents
($12. 36) for each active member shall be adjusted based on the U. S. National Consumer
Price Index (CPI), as issued by the U. S. Department of Labor for the 12-month period
from April 1, 2012, to March 31, 2013, but not to exceed 3. 5 percent. In addition, in
accordance with Resolution 25 enacted at the 2012 Convention, effective September 1,
2013, the per capita shall also be adjusted to reflect a sunset of four cents ($. 04) as
required by this resolution.
The per capita tax for each retired-active member shall be one-half of the adjusted per
capita tax for active members.
Included in the foregoing total, as a result of Resolution 21 at the 2004 Convention, the
IAFF per capita allocation for the FIREPAC Education Account shall be adjusted to $1. 10
effective September 1, 2004, with the proviso that at no time will this per capita tax be
used for any other purpose than the FIREPAC Education Fund, except as herein noted
and with the further proviso that effective October 1, 2005, and each year thereafter,
the per capita allocation to FIREPAC will be adjusted for inflation consistent with any
COLA resolution passed by the delegates at future conventions, but not to exceed 4. 5
percent.
In accordance With Resolution 2 enacted at the 2006 Convention, effective September 1,
2007, and thereafter, the per capita allocationsto the Redmond Foundation and the
Emergency Disputes Fund (EDF) will:be adjusted fOr inflation consistent with any COLA
resolution passed by the delegates to IAFF COnveritions.
These amounts shall be paid monthly to thelnternational Association by all local unions
and by aWstate and peovincial-associations-or joint councils admitting to-membership
persons ineligible for local union membership.
Special assessments may be levied by the International Association under unusual and
emergency circumstances when it is otherwise unable to meet its financial obligations
from existing funds upon approval of:
-
29
A. A majority vote by the Executive Board of a per capita tax assessment on all
local unions in the United States and Canada.
The majority vote cast by local unions in which each local union shall be
entitled to one vote for each of its members in good standing. The amount
of the assessment shall be submitted and the referendum conducted under
the direction and supervision of the General President in accordance with
rules issued by him/her implementing these provisions of the Constitution
and By-Laws including, but not limited to, the time within which the
referendum on the assessment will be issued, the terminal date on which all
referendum ballots must be postmarked returned to the International, and
the date on which the assessment will be effective. Any assessment levied
shall be paid on or before the fifteenth day of the month following its due
date after which a local union failing to comply will be notified by the
General Secretary-Treasurer that it is delinquent. If at the end of three (3)
months of the date of notification a local union has failed to pay its
assessments, such local union and all of its members shall be automatically
suspended from membership in good standing in this Association.
Section 7. Remittance of Revenue
All money due to the Association by local unions, state or provincial associations or joint
councils shall be remitted by check or money order made payable to the General
Secretary-Treasurer, International Association of Fire Fighters. Said monies are due in
the office of General Secretary-Treasurer no later than the 15th day of the month
following its due date.-
Section 8. Solicitation of Local Union Funds
Any local union- shall be free to solicit funds from local unions of this Association located
in the same state or province or from the-subordinate body with which it is affiliated.
Any subordinate body shall be free to solicit funds from local unions of this Association.
which are affiliated with the subordinate body. Except as heretofore provided, no local
union or subordinate body shall solicit funds from other local unions or subordinate
bodies without first securing the approval of the International Executive Board.
A general fund shall be maintained and administered by the General Secretary-
Treasurer from which all general expenses of the Association shall be paid except as
hereafter specified or otherwise directed by the convention delegates. All revenue
received by the Association from the sources specified in Section 1 of this Article shall,be
placed in the general fund.
The General Secretary-Treasurer shall establish and maintain an Emergency Disputes
Fund which will be used, subject to procedures established by the General President and
30
Executive Board, to financially assist in the resolution of emergency disputes in which
affiliates of this association may become involved.
Financial assistance from the Emergency Disputes Fund shall be in the form of either
interest-free loans or grants. Such loans or grants shall be considered proper only when
requests for such financial assistance are made in conjunction with job actions,
disciplinary actions against union officers for union related activities, employer's refusal
to implement an arbitration award, or such other occurrences as may be considered
bona fide emergencies by the Executive Board of the IAFF. Where a request for an
interest-free loan falls into the category of "such other occurrences as may be
considered bona fide emergencies" it requires at least 75% majority approval of the
Board. A majority of the Executive Board is necessary for approval of requests for an
interest-free loan in all other cases enumerated above.
A unanimous vote of the Executive Board is necessary for the approval of any request
for a grant.
Effective August 1986 loans once made cannot be converted to grants at a later date;
provided, however, this provision shall not be applied retroactively to loans already
made prior to August 1986.
A schedule of repayment shall be required in the case of all interest-free loans with a
maximum term of five years; provided, however, that the repayment schedule may be
extended by a unanimous vote of the International Executive Board.
Effective September -1;2006,IhirtY-two-cents ($.32) ofthe per capita tax -received
monthly by the Asoeiation Will- be allocated to this fund; provided; however, that When
one-half per capita tax is receivedfrom local unions for retired-active members sixteen
cents ($.16) will be alloCated-to the fun'cl.t he Emergency Disputes Fund shall be treated
as a separ'ate fund and the per capita tax' allocated to it as proVided in this Section shall
not be transfe6ble to the general fund and shall be used only for the purpose of
emergency dispute issues as heretofore provide& Effective September 1, 2007, and
thereafter, the per capita allocation to the Emergency Disputes Fund shall be adjusted
for inflation consistent with any COLA resolution passed by the delegates to IAFF
Conventions.
Section 11. Officers' Retirement Trust
A principal Officers' retirement plan trust shall be established from Which benefits
payable to principal officers upon their retirement shall be made. This fund shall be
financed-by-allocations-from-the-general-fund-determined-arinually_and_made at the
beginning of the Association's fiscal year by the General Secretary-Treasurer on the
basis of actdarial advice. Such allocated revenue shall be subject to use Only-for the
specific purpose of funding the principal officers' retirement trust referred to herein and
shall not revert to the General Fund or be diverted to any other funds or used for any
other purposes except as may be authorized by the appropriate trust document(s).
Section 12. Employees' Pension Trust Fund
The General Secretary-Treasurer shall establish and maintain an Employees' Pension
Trust Fund which shall constitute an irrevocable trust separate and apart from other
funds and revenues of the Association and from which all benefits payable by the
Association to employees under their pension trust plan shall be disbursed. Revenues
necessary to,finance this plan on a sound actuarial basis shall be annually determined
and allocated by the General Secretary-Treasurer from the general fund at the-
beginning of each fiscal year on the basis of actuarial advice and after approval of each
such allocation by the Executive Board. Such allocated revenue shall be subject to use
only for the specific purposes of the Employees' Pension Trust Plan and shall not revert
to the general fund or be diverted to any other funds or used for any other purposes.
Section 13. Staff Representatives' Pension Trust Fund
The General Secretary-Treasurer shall establish and maintain a Staff Representatives'
Pension Trust Fund that shall constitute an irrevocable trust separate and apart from
other funds and revenues of the Association and from which all benefits payable by the
Association to staff representatives and other designated employees under their
pension trust plan shall be disbursed. Revenues necessary to finance this plan on a
sound actuarial basis shall be annually determined and allocated by the General
Secretary-Treasurer from the General Fund at the beginning of each fiscal year on the
basis of actuarial advice and after approval of each such allocation by the Executive
Board. Such allocated revenue shall be subject to use only for the specific purposes of
the Staff Representatives' Pension Trust Plan and shall not revert to the General Fund or
be diverted to any other funds or used for any other purposes.
With the adoption of Resolution 113 at the 1992 IAFF Convention in Vancouver, BC, the
International Vice Presidents shall be included in the IAFF Staff Representatives' Pension
Plan, excluding, however, those International Vice Presidents in Canada whose inclusion
in the Plan cannot be accommodated due to requirements and/or obligations contained
in Canadian law. For such excluded Vice Presidents, the General Secretary-Treasurer
shall establish and maintain a separate Canadian Officers' retirement plan which
provides benefits to participants that are equivalent to the benefits provided by the IAFF
Staff Representatives' Pension Plan (including all amendments thereto) so long as
consistent with applicable law. To calculate their pension benefit, Vice Presidents in
either plan shall receive (to the extent they are eligible) past service credit for service
performed as a Vice President beginning on or after September 1, 1988, calculated on
base salary only. Monies that were paid to the Vice Presidents from existing per capita
for their office expenses shall be used instead to fund the Vice Presidents' pension
benefits-plus-an-additional-one-and-one-half_cents_per capita Further;pursuant to the
adoption of Resolution 19 at the 1996 IAFF Convention in Honolulu, Hawaii, and
Resolution 30 adopted at the 1998 IAFF Convention in Lake Buena Vista, Florida, only
IAFF District Vice Presidents who were the current incumbents in their districts at the
1994 Convention shall be given prior service credit toward retirement for each year in
which the Vice President held office as an IAFF District Vice President. Any cost
associated with the extension of prior service credit for IAFF District Vice Presidents
pursuant to Resolution 19 in 1996 and Resolution 30 in 1998 shall be funded from per
32
capita. Vice Presidents in any IAFF pension plan shall not be permitted to increase their
retirement benefits without convention action.
ARTICLE IX - PUBLICATION OF THE INTERNATIONAL FIRE FIGHTER
The International Fire Fighter shall be the name of the official publication of the
Association which will be published under the direction and supervision of the General
President in accordance with policies approved by the Executive Board.
Instructions and information from the officers of the Association which may be required
by this Constitution and By-Laws, by applicable law or otherwise, shall be included in
issues of the International Fire Fighter. Decisions of the courts and of arbitrations
affecting fire fighters, contract provisions, and safetyi and health data of continuing
iMpOrtance and concern to the membership will also be included.
The subscription price of the publication shall be determined annually by the Executive
Board and set forth in the publication.
ARTICLE X - DELEGATES TO AFL-CIO AND CANADIAN LABOUR
CONGRESS CONVENTIONS
Section 1. Representation to AFL-CIO Conventions
The General President, together with the Vice President of the District in Which the
convention of the American Federation of Labor and-Congress of Industrial -
Organizations is held, shall represent this Association as delegates at such conventions
together with such other officers or members as may be designated as delegates by the
Executive Board.
Section 2. Representation to Canadian Labour Congress Conventions
The Vice President of the District in which the convention of the Canadian Labour
Congress is held shall represent this Association as delegate at such conventions
Executive Board.
ARTICLE XI SUSPENSION OF OFFICERS OF SUBORDINATE UNIONS
The General President shall have authority to summarily suspend from office any officer
of a local union, state or provincial association, or joint council of this Association for
failure to comply with the provisions of this Constitution and By-Laws, the established
policies of this Association, or for incompetence, negligence, failure of duty, or for
embezzlement, larceny, breach of fiduciary responsibility, or other misconduct as
hereinafter prescribed in Afficle XV:
Within thirty (30) days following any suspensiOh from office; the General President shall
serve such officer With specific written charges and he/she shall have a hearing within
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thirty (30) days before a trial board consisting of three (3) members of the Executive
Board to be selected and appointed by the General Secretary-Treasurer; provided,
however, that for good cause shown such trial board may extend the time for hearing.
Unless otherwise agreed by the accused, such hearings are to be conducted at the city
or town in which the suspended officer, is employed. In the event that the General
Secretary-Treasurer may be involved directly or indirectly in charges against the accused
officer, the remaining members of the Executive Board not so involved, by majority
vote, shall designate one of its members not so involved as the appointing officer.
The appointing officer shall submit the names of seven (7) members of the Executive
Board to the accused of which the accused shall reject four (4), the remaining three (3)
to constitute the trial board.
The suspended officer may have in attendance at the hearing with him/her a
representative or counsel of his/her choice and such witnesses as he/she may desire. A
verbatim transcript of the proceedings must be taken at the hearing and a copy thereof
will be furnished to the accused officer. The trial board shall render its decision in
writing within thirty (30) days after the completion of such hearing and mail a copy to
the suspended officer and local union or other subordinate union or other subordinate
body in which he/she held office. If cleared of the charges against him/her, the officer
shall be immediately reinstated in the office from which suspended; if found guilty of
the charges by the trial board, the suspension shall become permanent and the office
shall be declared vacant.
Any officer removed from office under the provisions of this Article may make an
appeal, subject to compliance with the requirements of Section 6 of Article XVIII, from
the decision of the trial board to the full Executive Board less the General President who
suspended the officer and brought the charges and the three (3) members who
composed the trial board and made the decision and any other member who might be
involved directly or indirectly in the charges, with the right of further appeal to the
International Convention in accordance with the procedure prescribed in Section 5 of
Article XVIII and compliance with the provisions of Section 6 of Article XVIII.
Unless reinstated by action of the convention or unless modified by the decision and
order of the Executive Board or by the convention, any person permanently suspended
from Office pursUant to this Article shall hot again be eligible for office in the Association
or in any of its subordinate bodies unless and until such disqualification is lifted by
action of the International Convention but his/her rights as a member of the Association
and any subordinate body thereof shall not otherwise be impaired unless specific
written Charges are preferred ,against him/her and proceedings conducted as
hereinafter-required by the-provisions Of Articles--XVI-and XVII-by-virtue of which he/she
is suspended or expelled from membership.
ARTICLE XII - DISSOLUTION
This International Association shall not be dissolved so long as seven or more local
unions or other subordinate bodies in good standing acknowledge its jurisdiction and
authority and continue to comply with this Constitution and By-Laws. In the event that
less than seven local unions or other subordinate bodies acknowledge the jurisdiction
and authority of the Association, it shall be dissolved by order of the Executive Board. All
real and personal property belonging to the Association shall thereupon be liquidated
into cash by public or private sale conducted under the supervision of the Executive
Board and the cash remaining after the sales are completed and all debts and expenses
have been paid shall be remitted in equal shares to the members of the Association who
were in good standing at the time dissolution was ordered.
Section 2. Voluntary Forfeiture of Charters and Dissolution of Local Unions or
Other Subordinate Bodies
There shall be no voluntary forfeiture of the charter or dissolution of any local union
unless the majority of its membership in good standing vote to forfeit the charter, and
there shall be no voluntary forfeiture of the charter or dissolution of any state or
provincial association unless the majority of member locals of such state or provincial
association vote to forfeit its charter, or of any joint council unless the majority of
members of such council vote to forfeit its charter. Voluntary forfeiture of a charter or
dissolution shall be determined only by a' referendum vote of the local union or other
subordinate body membership. This referendum shall be conducted by secret ballot
after at least thirty (30) days written notice has- been made to all members of such local
union or other subordinate body stating that a proposal to forfeit the charter will be
submitted to a referendum ballot. Such written notice shall also be communicated by a
local union seeking dissolution to any state or provincial association or joint council of
which ifmay be a member. The referendum shall be initiated only by motion of the
membership in good standing of such local union or by the governing authority of such
other subordinate body.
Where local unions of the Association become merged with other local unions of the
IAFF as a result of city or township consolidations, unifications or mergers required by
state, provincial or municipal action, the local unions which do not survive the merger
and lose their identity shall be regarded as dissolved by operation of civil law.
Upon notice of such dissolutions to the General Secretary-Treasurer and through
him/her_to_the_Executive_Boardrsuch_dissolutions_shall_be_recorded_in_the books of the
Association and their charters returned and cancelled.
In the event of any voluntary proposal of merger of one or more local unions of the
Association with another local union of the IAFF which is not caused by action of
municipal or 'other civil authority, no such merger shall be consummated without
approval of the General President and Executive Board upon such terms and conditions
as they may authorize. Two or more existing IAFF locals who wish to merge voluntarily
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must obtain approval by a referendum vote of each local's membership by whatever
means selected by the locals, and such affected locals must comply with the then
current policy of the IAFF Executive Board and consult with the IAFF Vice President of
the District to include written verification after a showing of interest and prior to the
vote. To be recorded as a voluntary forfeiture, the affiliate's per capita must be paid
current with notification to the General Secretary-Treasurer of such voluntary forfeiture,
dissolution by merger or by operation ofcivil law.
Section 3. Involuntary Forfeiture and Revocation of Charters of Local Unions
and Other Subordinate Bodies
Upon approval by the Executive Board the General President may revoke the charter of
and dissolve any local union or other subordinate body for failure to pay the established
per capita tax and the Association's proportion of other fees due on all its members as
heretofore provided in Article VIII or for failure to report to the Association on its full
membership, or for failure or refusal to comply with the provisions of this Constitution
and By-Laws or with the directives of the General President, the Executive Board issued
thereunder or those of the International Convention, or for the purpose of correcting
corruption or financial malpractice in such local union or other subordinate body. The
validity of any such revocation and dissolution may be appealed pursuant to the
provisions of Article XVIII of this Constitution and By-Laws.
For purposes of this Section any local union or other subordinate body of the
Association which fails to pay its per capita tax, assessments, or other required fees to
the Association at the end of a three-month period afte'r notification by the Gdneral
Secretary-Trdasurer that such perscapita tax, assessments, or fees are in arrears shall be
subject to revocation of its charter and dissolution. Any local union or other subordinate
body whose charter has been revoked for failure to pay per capita tax or other fees due
the Association as aforesaid may have such charter reinstated upon payment of all
arrearages if such reinstatement is approved by the General President and the Executive
Board, provided, however, that in exceptional cases warranting such action the General
President, with the approval of the Executive Board, shall have the authority to waive
such arrearages.
ARTICLE XIII - LOCAL UNIONS
Except as otherwise provided herein, three or more persons of the same city or town
who are qualified for active membership in this Association in accordance with this
Constitution-and-By-Laws-may--submit a-proposal_to_charter_a_local_union;_provided,
however, that charters shall not be granted to applicants in any city or town wherein a
chartered local union in good standing-of this Association already exists unless said
chartered local union consents to the granting of this additiOnal charter. Small numbers
of fire fighters in two .or more cities or towns desiring to amalgamate and form one
central local union, may, however, propose and Obtain charters Provided, however, that
any withdrawal of a local union after such amalgamation and formation of a separate
local union must be with the consent'of the central or master county or local union and
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no new charter shall be granted without such consent except with the approval of the
International Executive Board.
All proposals for a charter must include the professional fire fighters within the city,
town, or county covered by the charter. No charter will be issued for a local union
composed exclusively of supportive groups such as civilian paramedics, fire alarm
dispatchers, fire inspectors or other nonprofessional services, without the consent of
the existing local. Such proposal for membership must include prior notification of the
affected state or provincial association, if any, and will only become effective upon
concurrence of the IAFF Executive Board. Persons qualified to submit proposals for a
charter as aforesaid may obtain a charter proposal form and membership application
form upon request from the International Vice President of the District in which such
proposed union is located. Such forms shall be answered in full and returned to the
International Vice President accompanied by a check or money order covering the
established charter fee and initiation fee and one month's dues for each applicant. The
charter fee, one month's per capita taxes on each of the applicants and the
Association's established proportion of the initiation fees, as provided in Article VIII of
this Constitution and By-Laws, shall promptly be remitted to the General Secretary-
Treasurer. Chartered locals may propose to expand their original, chartered jurisdiction
to add additional unorganized jurisdictions, as defined in Article II.
Following receipt of a proposal to charter a local union, or each jurisdictional expansion
of a current local union, the International Vice President shall accept or reject said
proposal subject to approval of the General President
When a 'charter prOposalls approved by the General President, the General Seci-etary-
Treasurer shall assign a- number to the local union, prepare its charter, and send such
charter to the International Vice President of the District involved and send copies of
this Constitution and By-Laws, Seal and other necessary supplies to the temporary
secretary of the newly chartered local union-. The General Secretary-Treasurer shall also
prepare a letter of_insteuctions and information to assist the new members in
establishing the newlocal union, and the Intern-atiOnal Vice Prsident shall, either'
personally or through his/her designated -representative visit the newly chartered local
union upon installation of the charter "and provide such assistance in its initial
organization as may be necessary.
Each duly qualified applicant for membership who appears as one of the signatories to
the charter proposal shallbe issued a membership eard- by the General Sec- retary-
Treasurer bearing- the date'of issuance of thelocal union charter.
If a proposal-to-charter-a-local-union-is-rejected; the-signatories-to-the-proposal shall-be
promptly notified of such action by the General Secretary-Treasurer and their
applications and checks or money orders returned. Rejection of such applications shall
be without prejudice to the rights of such persons to apply for membership to an
existing local union or state or provincial association or joint council and without
prejudice to their rights to submit at a future date another proposal to charter a local
union.
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Section 2. Payment of Per Capita Tax
A per capita tax shall be paid each month to the Association by each local union on each
member of said union in the amount established at biennial conventions by vote of the
delegates, and shall be subject to change only at conventions of the Association by vote
of the delegates as provided in Section 1 of Article VIII.
Any local union of the Association which fails to comply and pay its full per capita tax as
aforesaid on or before the fifteenth day of the month following its due date shall be
considered delinquent and it shall be notified by the General Secretary-Treasurer of
such delinquency, and, if on the fifteenth day of the third month following the first day
of delinquency it is still in arrears, such local union and all of its members shall be
automatically suspended from membership in good standing of this Association;
provided, however, that automatic suspension shall not occur in the event the Executive
Board gives its approval to exempt a particular local union from such automatic
suspension. The notice of delinquency issued by the General Secretary-Treasurer shall
be sent to the President and Secretary-Treasurer of the delinquent local union, the
President of the appropriate State or Provincial Association with which the local union is
affiliated, if any, and also to the International Vice President of the District involved.
Any local union which is under suspension shall not have a voice or vote in any matters
of the International nor shall it be eligible for services of the International.
A suspended local union and its membership may be reinstated in this Association upon
payment of all arrearages; provided, however, that the General President with the
consent of the Executive Board shall, for good cause shown, have the authority to waive
payment of all or a portion of such arrearages.
Section 3. Government Constitution and By-Laws
Each local union, its officers, representatives, and members shall recognize, observe,
and be bound by the provisions of this Constitution and By-Laws and interpretations
thereof rendered by the General President as provided herein, the resolutions, decisions
and directives of the Executive Board or officers of the Association when made in
conformity with the authority granted by this Constitution and By-Laws, and the
resolutions adopted and policies established by the delegates at conventions.
Local unions shall adopt a- constitutiori or by-laws, supplementary to the Association's
Constitution and By-Laws which shall establish procedures for the conduct of the local's
internal affairs and business; provided, however, that the local's constitution or by-laws
make express-reference-to-the-governing-authority_of_alLapplicable provisions of this
Constitution and By-Laws, and particularly those governing local unions as set forth in
this Article, and provided, further, that none of the provisions of such local union
constitution or by-laws shall be in conflict with any of the provisions of this Constitution
and By-Laws, and that following adoption by the local union but prior to printing or
issuance all local constitutions or by-laws shall be submitted to the General President
for his/her approval.
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In addition to the foregoing requirements, local unions shall submit to the General
Secretary-Treasurer a current copy of their respective constitution and by-laws before
February 1, 2011, and every four years thereafter. In all cases, whether for approval of
changes or for quadrennial submission, affiliates shall submit the constitution and by-
laws in a searchable electronic format acceptable to the IAFF.
Local unions may choose to adopt either the most recent edition of Robert's Rules of
Order or Atwood's Rules for meetings to govern their deliberations; provided that,
unless a local union's constitution explicitly states otherwise, the president of such local
union will have the final authority, subject only to internal appeal to the International
pursuant to Article XVIII of this Constitution and By-Laws, to decide questions of
parliamentary rules and questions involving interpretations of the local union's
constitution and by-laws. Local unions shall amend immediately their constitutions and
by-laws to conform to amendments or changes to the Association's Constitution and By-
Laws. Any proposed amendments, revisions or modifications to such constitutions or by-
laws shall likewise be submitted following adoption by the local union for approval by
the General President prior to printing or issuance.
Section 4. Initiation Fees, Dues and Assessments
Initiation fees and reinstatement fees shall be established by the membership of each
local union, the established proportion of which must be paid to the Association as
heretofore provided in Article VIII.
Monthly dues shall be established by the membership of each local union, but they shall
be no less than an amount sufficient to permit payment of the per capita tax per
member per month by each local union to the Association in the amount established at
conventions as provided in Article VIII, and also cover the necessary expenses of
conducting the business of the local. All such dues shall be paid monthly by each
member to the local union of which he/she is a member. If he/she fails to make
payment by the fifteenth day following the month such dues are payable, he/she shall
be notified by the Secretary-Treasurer or Secretary of the local union that he/she is
delinquent and will be automatically suspended and lose his/her good standing if
payment is not made within sixty (60) days following such notification. The Secretary-
Treasurer or Secretary of all local unions shall make a monthly report to the General
Secretary-Treasurer of any members who are delinquent in their dues and any members
who have been suspended from membership for non-payment of dues after notification
as aforesaid.
No membership cards shall be issued by any local union to any of its members except
the uniform-membership-cards printed-and issued by the General_Secretary-Treasurer as
provided in Section 2 of Article VI.
Whenever increases in the rates of initiation fees, reinstatement fees, dues, or
assessments of local unions 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, local unions shall submit the
proposal for approval in either of two ways at the option-of the local union:
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A. By majority vote of the members in good standing voting by secret ballot at
a general or special membership meeting, or
B. By majority vote of the members in good standing voting in a referendum
conducted by secret ballot.
If the proposed increase receives approval by a majority of the members in good
standing voting by either of the two procedures aforesaid, it shall be adopted; otherwise
it shall stand rejected.
The requirements of a "secret ballot" vote mean the expression by ballot, voting
machine, or otherwise of a choice by the member cast in such a manner that such
member cannot be identified with his vote.
Constitution and By-Laws will be eligible for active Association membership in any local
union serving the city or town in which such applicant is located. Any local union is
authorized to confer honorary membership upon any person subject to the provisions of
Section 3 of Article III.
Local unions may issue withdrawal cards only to those members who leave the fire
service or EMS in good standing or who are precluded by law or local ordinance or
contractually from maintaining union membership by virtue of their fire department
position.
Former members holding withdrawal cards for the above reasons who become
reemployed within the jurisdiction of any IAFF local union shall be subject to automatic
reinstatement to active membership upon deposit of their withdrawal cards with the
local union and resumption of dues. No reinstatement fee shall be charged upon
reentry into the organization.
Section 6. Maintenance of Good Standing Membership
"Membership in good standing" includes any person who has fulfilled the requirements
for membership in the local union and who has not voluntarily withdrawn there from,
became ineligible for continuedniembership, or been suspended or expelled as
provided in this Constitution' and By-Laws or the valid- provisions of his/her local union
constitution or by-laws.
When any member in good standing aforesaid is separated from the service, local
unions may allow said member to retain active membership or in lieu thereof, upon
request of said member, shall issue a withdrawal card in accordance with Section 5 of
this Article; provided, however, that a member who is duly elected as an officer of this
40
organization, shall retain his/her active membership in said local union.
Section 7. Suspension of Delinquent Members
Members who fail to pay their dues and assessments as required by this Constitution
and By-Laws will be considered delinquent and subject to automatic suspension from
membership upon notification by the local union as provided in Section 4 of this Article.
Members who are delinquent or under suspension are not entitled to any voice or vote
in the local union or in the affairs of the Association.
Section 8. Membership Meetings and Rights of Members
Regular or special meetings of the local union shall be held as prescribed in the local
union's constitution or by-laws and every member in good standing of a local union shall
have the right to attend any such meeting and to participate in its deliberations and
voting, and to express at such meeting their views upon candidates in an election of the
local or upon any business properly before the meeting, subject, however, to such
reasonable rules as the local union shall establish pertaining to the conduct of its
meetings including its right to enforce reasonable rules governing the responsibility of
every member to their local union as an institution and prohibiting conduct which would
interfere with the local union's or this Association's performance of their legal or
contractual obligations.
Members shall also have the right to meet and assemble freely with other members and
express their views,-arguments or Opinions provided, however, ihat in so doing they are
not guilty of misconduct as set forth in this Constitution and By-Laws or as may be
prescribed in the local union's constitution or by-laws.
Section 9. Audits and Financial Reports
The books and accounts of all local unions shall be audited annually, and the last such
report of the audit shall be forwarded each year to the 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.
Local union books and accounts are subject to audit at any time by the General
Secretary-Treasurer - as provided by Section 2 of Article VI, and he/she shall have full
access to all financial records and membership lists of local unions.
Section 10. Management, Investment, and Disbursement of Union Funds and
Property
The money and property of the local union shall be used solely for the benefit of the
union and its members and not for the personal gain or profit of any officer or member.
Local union officers, agents, representatives and employees who handle the local's
funds or property shall be held to this standard of conduct and accountable for any
41
breach thereof under this Constitution and By-Laws and as provided by law. Such
officers as are given the responsibility under the local union's constitution or by-laws
shall manage, invest and expend its funds and property only in accordance with
applicable provisions of the local's governing laws or this Constitution and By-Laws and
any resolutions properly adopted thereunder. Otherwise, funds and property may not
be invested, used or disbursed except upon approval of the membership at regular or
special local union meetings.
Section 11. Nominations and Elections of Officers
Those local unions whose membership is not composed exclusively of individuals
employed by municipal or state governments and who are thus subject to the
requirements of the Labor-Management Reporting and Disclosure Act of 1959, as
amended, must observe all of the specific provisions set forth in Title IV of said law
governing nominations and elections of local union officers. Those local unions whose
membership is composed exclusively of individuals employed by the federal
government and who are thus subject to the requirements of the Civil Service Reform
Act of 1978 must observe the provisions set forth in Title VII of said law governing
elections of union officers.
Except as may otherwise be provided in other articles of this Constitution and By-Laws,
nominations and election of officers of all other local unions of this Association shall be
conducted in the form or manner, and in accordance with the procedures; established
by the local uniOn's constitution and by-laws.
Locals are-encouraged-to-adopt-a fair, reasonable and-legally acceptable provision in
their by-laws or election rules to govern resolution of a tie vote occurring in the final
ballot of any election for local office. In the absence of such a provision, the winning
candidate for office shall be selected by the drawing of lots in the presence of both
candidates.
Local unions shall not allow for write-in candidates for election to local- union office
unless they have a provision in their constitution and by-laws explicitly allowing for the
same.
Local vuniOn officers shall beelected to terrns of office to be determined by each local
union and set forth in its Constitution or by-laws. Officers shall serve until the election
and installation of their successors unless relieved of their duties as provided in this
Constitution and By=Laws or as_prescribed in_the local's constitution or by-laws. -
Vacancies occurring in local office because of death, resignation, incapacity or other
cause shall be filled for the unexpired term in such form or manner as may be
determined by local unions and set forth in their constitution or by-laws.
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Section 14. Salaries, Allowances and Expenses of Officers
Salaries, allowances and expenses of local union officers shall be determined and
established by the membership of the respective local unions.
Section 15. Election of Delegates and Alternates to Association Conventions
All delegates and alternates of local unions to conventions of this Association must be
elected by secret ballot vote of the members in good standing of the local union, and
the credentials presented by such delegates and alternates must so certify.
No International officer of this Association shall be eligible to be a delegate or alternate
from any local union, but all such officers shall be delegates-at-large at Association
conventions by virtue of their election as International officers as provided in this
Section 16. Authority and Duties of Officers
Local unions of the Association shall establish (subject to the requirements of Section 11
of this Article) such offices as they determine to be advisable for the conduct of their
affairs and prescribe the authority and duties of such officers in the local's constitution
or by-laws consistent with the provisions of this Constitution and By-Laws and
applicable law.
Section 17. Suspension of Officers of Local Unions
Officers of local unions may be suspended from office by the General President subject
to the conditions and requirements of Article XI of this Constitution and By-Laws.-
Section 18. Forfeiture and Revocation of Local Union Charters and
Dissolution of Local Unions
Charters of local unions maybe forfeited or revoked and local unions dissolved only in
compliance with the provisions of Article XII of this Constitution and By-Laws.
Section 19. Bonding of Local Union Officers and Employees
All officers and employees of each local union of this Association shall be bonded in such
amounts as may be required by the Board of Trustees_ and the General Secretary-
Treasurer in compliance with applicable law. The expense for the,first $5,000 of bond
shall be borne by the International. Additional bond to cover. affiliates who may require
a greater amount of bond may be obtained at the affiliate's expense through the
International's bonding company.
Section 20. Misconduct, Charges, Trials, and Appeals
Except for nonpayment of dues, assessments, or other lawful charges as required under
this Constitution and By-Laws, no member of a local union guilty of misconduct as
defined in Article XV hereof shall be subject to reprimand, fine, suspension, expulsion or
43
other discipline unless such member has been served with written specific charges as
required by Article XVI and given a reasonable time to prepare his defense and afforded
a hearing as provided by Article XVII of this Constitution and By-Laws.
Officers of local unions may be suspended from office by the General President as
prescribed in Article XI of this Constitution and By-Laws, or they may be suspended from
such office in accordance with lawful provisions of the local union's constitution or by-
laws, but their right to continue membership shall not be suspended nor shall they be
fined or disciplined other than removal from office except after written charges and
proceedings as above specified in the first paragraph of this Section.
Local union charters may become forfeited or be revoked and a local union dissolved
only as prescribed in Article XII of this Constitution and By Laws.
Section 21. Prohibition of Certain Loans and Payments of Fines
The membership of any local union shall not authorize, and no local union or officer
shall directly or indirectly make any loans to any officer or employee of the local union
which results in a total indebtedness on the part of such officer or employee to the local
union in excess of two thousand dollars ($2,000.00).
The funds of any local union shall not be obligated or used directly or indirectly to pay
the fine of any officer or employee convicted of any willful violation of the Labor-
Management Reporting and Disclosure Act of 1959, but this prohibition shall not
prevent the assumption by any local union of the costs of defending the union or any
officer, agent, representative or employee thereof in any civil or criminal proceedings in
which they may become involved for alleged violations of law.
Section 22. Assistance of International on Disputes and Grievances
Upon request to the General President by any local union and after approval by the local
union's membership and upon clearance with and the approval of the Vice President of
the District in which such local is located, the International Association will render all
reasonable and possible assistance within its financial capabilities in the handling of
local disputes and grievances.
The IAFF shall work diligently to organize state, Provincial and federal fire fighter
associations in those states, provinces or regions in which such associations do not now
exist.
All local unions of this International are urged to affiliate with their respective state,
provincial or federal fire fighters associations.
In keeping with the solidarity of the Trade Union Movement this International strongly
urges and encourages the affiliation of all local unions with state and provincial AFL-CIO
and CLC Associations and Local Councils.
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ARTICLE XIV - STATE AND PROVINCIAL ASSOCIATIONS AND JOINT
COUNCILS
A majority of the local unions located in any one state, province or federal installation
may submit a proposal to charter a state or provincial association or joint council. Joint
councils shall be the state or regional subordinate organizations established and
chartered by the Association to represent fire fighters employed by the federal
government.
Local unions qualified to submit proposals for a charter as aforesaid may obtain a
charter application upon request from the International Vice President of the District in
which such state or provincial association or joint council is located. Such form shall be
answered in full and returned to the International Vice President accompanied by a
check or money order covering the established charter fee which shall be promptly
remitted to the General Secretary-Treasurer.
Following receipt of a proposal to charter a state or provincial association or joint
council, the International Vice President shall accept or reject said proposal subject to
approval of the General President to whom the charter application shall be transmitted
through the General Secretary-Treasurer at the time the charter fee is remitted. If the
proposal is rejected, the local unions filing the application shall be promptly notified of
such action by the General Secretary-Treasurer and the charter fee returned. Rejection
of such an application shall be without prejudice to the right of the local unions to
submit another proposal at a future date.
When such a charter proposal is accepted, the General Secretary-Treasurer shall
prepare the charter and send it to the International Vice President of the District
involved and send copies of this Constitution and By-Laws and other necessary supplies
to the person or persons designated for receipt thereof with appropriate notification to
all local unions affiliated in the state or provincial association or joint council. The
General Secretary-Treasurer shall also prepare a letter of instructions and information
to assist the said association or council in its initial organization and the International
Vice President of the District shall, either personally or through his authorized
representative, visit the newly chartered organization and provide such assistance as
may be necessary.
No per-capita-tax-shall-be_charged_state_or_provincial_associations or joint councils on
members of chartered local unions affiliated with such associations or councils.
Section 3. Admission of Individuals to Membership in State or Provincial
Associations or Joint Councils, and Locals in Canadian Territories
In addition to their membership of affiliated local unions within the state, province or
federal installation, state or provincial associations or joint councils may admit to
45
membership only individuals from cities and towns wherein statutes prohibit the
formation of a fire fighter's local or wherein no local exists provided that such applicants
otherwise meet the qualifications for membership in this Association. The General
Secretary-Treasurer shall issue regular membership cards to all such individuals
admitted to membership marked "State and City" where such members are employed.
Provincial associations may also admit to membership an IAFF local situated in a
Canadian territory wherein no provincial association exists that borders the provincial
association's province.
Section 4. Payments of Fees and Per Capita Taxes on Individual Members of
State or Provincial Associations and Joint Councils
Each state or provincial association or joint council shall establish and collect sufficient
initiation fees and dues from each individual admitted to membership to permit
payment to the International of its established proportion of such fees and per capita
tax on such members as provided in Article VIII, and the Secretary of each such
organization shall remit the same by check or money order to the General Secretary-
Treasurer as in the case of local unions. All such members shall be subject to the same
requirements with respect to payment of dues, maintenance of good standing, and the
issuance of membership cards as provided for local unions.
Section 5. Government of State or Provincial Associations and Joint Councils-
Each chartered state or provincial association or joint council shall recognize, observe
thereof rendered by the General President as provided therein, decisions and directives
of the Executive Board or Officers of the Association, and the resolutions adopted and
policies established by the delegates at conventions.
Said associations or councils shall adopt a constitution and by-laws, or by-laws,
supplementary to the Association's Constitution and By-Laws which shall establish
procedures for the conduct of their internal affairs and business; provided, however,
that such constitutions and by-laws make express reference to the governing authority
of all applicable provisions of this Constitution and By-Laws, and particularly those
governing associations and councils as set forth in this Article, and provided, further,
that none of the provisions of- such constitutions 'and by-laws shall be in conflict with any
of the provisions of this Constitution and By-Laws, and that prior to printing or issuance
all associations' or councils' constitutions and by-laws shall be submitted to the General
President for his/het'approval.
State and provincial affiliates may choose to adopt either the most recent edition of
Robert's Rules of Order or Atwood's Rules for Meetings to govern their deliberations;
provided that, unless a state or provincial affiliate's constitution explicitly states
otherwise, the president of such affiliate will have the final authority, subject only to
internal appeal to the International pursuant to Article XVIII of this Constitution and By-
Laws, to decide- questions of parliamentary rules and questions involving interpretations
of the affiliate's constitution and by-laws.
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State or Provincial Associations and Joint Councils shall amend immediately their
constitutions and by-laws to conform to amendments or changes to the Association's
Constitution and By-Laws. Any proposed amendments, revisions or modification to such
constitutions and by-laws shall likewise be submitted following adoption for approval by
the General President prior to printing and issuance.
In addition to the foregoing requirements, state and provincial associations and joint
councils shall submit to the General Secretary-Treasurer a current copy of their
respective constitution and by-laws before February 1, 2011, and every four years
thereafter. In all cases, whether for approval of changes or for quadrennial submission,
affiliates shall submit the constitution and by-laws in a searchable electronic format
acceptable to. the IAFF.
Section 6. Delegates and Alternates to Conventions
Each state or provincial association or joint council shall be entitled to two delegates at
International Conventions, and such delegates and alternates shall be elected by secret
ballot in accordance with the procedure and requirements as theretofore provided in
Section 4 of Article IV.
Section 7. Election of Officers of State and Provincial Associations and Joint
Councils
In general, elections of officers of both state and provincial associations may be
conducted in the form and manner and in accordance with the procedures established
by the constitution and by-laws of such state and provincial associations with two
important exceptions: first, if a state-association includes within its membership One or
more local unions composed in whole or in part of non-governmental employees of
private employers, such state associations shall comply with all nomination and election
requirements of Title IV of said law applicable to election of officers of intermediate
labor organizations; provided however, that this first exception shall not apply to
provincial associations; and second, any officers of either state or provincial associations
who are also elected as delegates to the International Convention may not participate in
the election of International officers at said convention unless they are separately
elected as delegates by secret ballot vote of the members in good standing of all local
unions comprising the state or provincial association as theretofore provided in Section
4 of Article IV of this Constitution and By-Laws.
Election of officers of joint councils shall be conducted in compliance with the
requirements of Title VII of the Civil Service Reform Act of 1978.
State and provincial associations and joint councils are encouraged to adopt a fair,
reasonable and legally acceptable provision in their by-laws or election rules to govern
resolution of a tie vote occurring in the final ballot of any election for office. In the
absence of such a provision, the winning candidate for office shall be selected by the
drawing of lots in the presence of both candidates. State and provincial associations
and joint councils shall not allow for write-in candidates for election to office within
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their association or joint council unless they have a provision in their constitution and
by-laws explicitly allowing for the same.
Initiation fees, reinstatement fees and monthly dues shall be established by the
membership of each state or provincial association or joint council, but such charges
shall be sufficient in amount to cover necessary expenses of the subordinate union and
permit payments to the International of its established proportion thereof as provided
in Article VIII.
Whenever increases in the established rates of initiation fees, reinstatement fees, dues
or assessments of state or provincial associations or joint councils are proposed, they
shall be adopted only after approval in accordance with the following procedure:
A. By majority vote of the delegates voting at a regular convention of such
association or council, or at a special convention held upon not less than
thirty (30) days written notice to each local union affiliated with said
association or council; or
B. By majority vote of all members in good standing of such association or
council voting in a membership referendum conducted by secret ballot;
or
C. _ By majority vote of the members of the Executive Board (or similar
governing body) of such association or council provided authority for
such action exists in the constitution or by-laws of said association or
council and provided that such increase by the Executive Board shall be
effective only until the next regular convention of the said association or
council.
Section 9. Bonding of Officers and . Employees
All officers and employees of each state or provincial association or foint coUncil of this
Association who handle funds or property of such association or council shall be bonded
in such amounts as may be required by the Board of Trustees and the General
Secretary-Treasurer inco-mpliance with applicable law. The expense for the first $5,000
of bond shall be borne by the International. Additional bond to cover affiliates who may
require a greater amount of bond may be obtained at the affiliate's expense through
the International's bonding company.
Upon request of any state or provincial association or joint council to the General
President for financial aid in the handling of disputes, grievances, or similar-activities on
behalf of its membership, and after approval by such membership and upon clearance
with an approval of the Vice President of the District in which such association or council
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is located, the International Association will render all reasonable and possible
assistance within its financial capabilities.
Section 11. Organization of State and Provincial Associations
Effective August 9, 1982, the Association is authorized, through its appropriate officers,
to issue a charter establishing an organization of State and Provincial Associations
provided that a majority of existing state and provincial associations choose to unite in
such an organization. If such an organization is established, its authority under this
Constitution and By-Laws shall be subject to the following conditions and restrictions:
A. It may meet biennially in alternate years to the Association's convention.
B. It may adopt resolutions and a constitution and/or by-laws which are
subject to the approval of the Association's General President and not in
conflict with the Association's Constitution and By-Laws or its established
policies.
C. Through regularly elected delegates of state or provincial associations it
may present resolutions to the Association's conventions.
Section 12. Affiliation of Retired Fire Fighters
State and Provincial Associations shall amend their respective constitutions and/or by-
laws to allow affiliation of retired fire fighters for the purpose of political education and
political action.-
ARTICLE XV MISCONDUCT AND PENALTIES
Section 1. Misconduct and Penalties
Except as otherwise provided in this Constitution and By Laws, any officer or member of
the Association, or of any local union, or of a state or provincial association, or joint
council, after charges, trial, and conviction of any of the following offenses, may be
reprimanded, fined, removed from office, suspended, or expelled as the evidence and
circumstances may warrant in the judgment of the officer or officers or legally
constituted tribunal by whom he/she is tried as hereafter provided in Article XVII. The
following shall constitute misconduct:
A. Refusal or failure without justifiable cause to comply vvith or abide by the
provisions of this Constitution and By-Laws, the valid decision of any
officer or officers thereof or the valid decisions of the Executive Board or
those of the Association convention, or the valid provisions of applicable
constitutions and by-laws of local unions, state or provincial associations
or joint councils.
B. Committing any act of fraud, embezzlement, larceny, or misappropriation
of any funds or property or other thing of value belonging to the
49
Association or any local union or other subordinate body thereof, or
refusing, failing or neglecting to comply with the provisions of this
Constitution and By-Laws requiring a-full and accurate accounting of all
funds, property, books, and records for examination and audit.
C. Libeling or slandering or causing to be libeled or slandered any officer or
member of the Association or of any local union or other subordinate
body thereof, except in the form of charges of misconduct properly filed
against an officer or member as provided by this Constitution and By-
Laws.
D. Failing, refusing or neglecting to appear, without proper cause, as a
prosecuting witness after filing charges against a member or officer of
this Association.
E. Advocating or encouraging any labor or any other rival organization, or
acquiring or maintaining membership in any such organization including
volunteer fire departments or associations.
F. Maintaining membership in, or engaging in any subversive activity in
support of any authoritarian, totalitarian, terrorist or other organization
which advocates the overthrow of the democratic forms of government
under which our members live.
G. Acquiring membership by fraud, false representation or deceit.
Filing false charges against any officer or member of the Association or of
any local union or other subordinate body of the Association; provided,
however, that it is understood that for the purposes of this provision
false charges are not merely charges of which an officer or member is
acquitted but rather charges which are filed recklessly or in bad faith
without substance, foundation, or reasonable basis of support.
,
Committing any physical assault upon any officer, member,
representative or employee of the Association or of any subordinate
body thereof while such person is engaged in the performance of his
duties for the International or subordinate unions.
Engaging in conduct detrimental to the best interests of the Association
or its subordinate unions which places or tends to place them in
disrepute-with-other-labor-organizations,-employers,_or_the_public
Failure or refusal to abide by the rules of order or parliamentary
procedure established for the conduct of meetings of the Association, a
local union, or other subordinate body of this Association or at
H.
J.
K.
50
L. Conduct unbecoming a member of this Association; provided, however,
that utilization of this provision shall be valid only when the charges are
set forth in specific terms specifying the act or acts or conduct alleged to
be unbecoming a member.
M. Refusal or failure without good reason to accept service of charges and
stand trial on such charges.
N. Working a secondary job part-time, paid on call, volunteer or otherwise
as a firefighter, emergency medical services worker, public safety or law
enforcement officer, or as a worker in a related service, whether in the
public or private sector, where such job is within the work jurisdiction of
any affiliate or which adversely impacts the interests of any affiliate or
the IAFF. Upon a finding of guilt of working a secondary job in violation
of this subsection, it is recommended that the penalty include
disqualification from holding office in any affiliate and/or expulsion from
membership for the period that the misconduct persists. Charges filed
for the misconduct described in this subsection shall be preferred by a
member of the charged party's local and/or a member of an adversely
affected affiliate.
Section 2. Rival Organizations
With the approval of the Executive Board the General President may appoint a five (5)
member Executive Board Committee to investigate and determine if the charges against
any outside organization warrant the-declaring of the term "rival-organization'', and_ -,..
report the committee's recommendation to the full Executive Board. An outside
organization may be declared a rival organization by two-thirds (2/3) vote of the
Executive Board.
Upon receipt of a request by the charging party involved or by an'affiliate of the
Association to remove the declaration of rival organization from an outside
organization, the Executive Board must consult with all parties involved and may vote to
revoke the designation of rival organization by a two-thirds (2/3) majority vote;
provided, however, that if the charging party is deceased or the charging affiliate is
dissolved, the Executive Board may of its own motion consider revoking a declaration of
rival organization.
ARTICLE XVI- CHARGES
Section 1. Who May Prefer Charges; Statute of Limitations; Multiple Charged
Parties
Any member in good standing may prefer charges of misconduct as defined in Article XV
against ani/ officer or member of the Association or of any of its subordinate unions.
Charges must be filed within six (6) months from when the charging party either knew
or should have known of the alleged misconduct. The charging party or parties may
name up to seven (7) charged parties in any set of charges alleging the same
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misconduct, in which case such charges will be adjudicated as a single trial board
proceeding.
Section 2. Form of Charges
All charges shall be preferred in the following way:
A. Be in writing.
B. Be signed by the party or parties preferring same.
C. Contain a statement of the facts out of which such charges originated
and set forth the specific act or acts alleged to constitute misconduct, the
dates, places, and persons involved.
State the nature of the violation or violations alleged.
Refer to the Articles and Sections of this Constitution and By-Laws, the
constitution or by-laws of the subordinate union, the established policies,
decisions, rules or regulations or other governing laws which it is alleged
have been or are being violated.
Section 3. Notice of Charges Against Officers or Members of Local Unions,
State or Provincial Associations or Joint Councils
Notice of charges against any officer or member of a local union or other subordinate
organization of this Association shall be sent by the officer or member preferring the
charges by certified mail with return receipt where available, and if not available, then
by registered mail to the local union, association or joint council with which the accused
is affiliated, and a copy sent by certified mail with return receipt where available, and if
not available, then by registered mail to the accused. Upon request of the party
preferring the charges, the Vice President of the District concerned or his/her designee,
not to include the person preferring the charges, shall serve the charges by hand-
delivery on the accused and must testify to the date, time and location of the service
before the local trial board convened to hear the charges.
Notice of charges shall also be contemporaneously filed, using the same manner as
outlined above, upon the General President's office, as well as upon the Vice President
for the District or Districts encompassing the local, association or joint councilof each of
the parties to the case. Such notice shall also be provided to the state or provincial
association, to the extent that any of the parties to the charges are members of locals
belonging to the state or provincial association. Failure to accomplish such notice shall
be grounds for dismissal of the charges:
Section 4. Notice of Charges Against Association Officers
Notice of charges against any officer of the International shall be sent by the member
preferring the charges by certified mail with return receipt where available, and if not
available; then by registered mail to the General Secretary-Treasurer for delivery by
him/her after duplication of sufficient copies to each member of the Executive Board,
and by sending by certified mail with return receipt where available, and if not available,
then by registered mail a copy of said charges to the accused. If the General Secretary-
52
Treasurer is the party accused, the original of the charges shall be sent to the General
President for delivery to the members of the Executive Board as aforesaid.
Where charges are filed against either the General President or General Secretary-
Treasurer of the Association, notice and a copy of such charges shall be sent to all local
unions of the Association. Where charges are filed against an International Vice
President or Trustee, notice and copy of the charges shall be sent to all local unions in
the Vice President's District or Trustee's Region. In the event charges are filed against
any Department Head of the International, notice and a copy of the charges shall be
sent to all local unions of the Association.
Section 5. Pre-Trial ReviewBoards
A charged party, including any International officer, may request a Review Board to
make an initial determination whether charges are frivolous, retaliatory, or de minimis.
A request that the General President convene a Review Board at the next meeting of the
IAFF Executive Board must be mailed to the General President and the District Vice
President no later than thirty (30) days after service of the charges, with a copy of the
request mailed contemporaneously to the charging party or parties. The party
requesting a Review Board must include a statement with the request affirming that a
copy of the request has been sent to the charging party or parties, and list the names
and addresses to whom a copy of the request has been sent. The request must be filed,
in writing, no later than thirty days after service of the charges, with the General
President to convene a- Review Board at the next meeting of the IAFF Executive Board.
Any party wishing to submit a written statement related to a Pre-Trial Review Board's
consideration of a case must do so by ensuring that a copy of such statement is actually
received by the General President's office, either by regular or overnight mail, facsimile
or e-mail transmission, no later than fifteen (15) calendar days (effective October 1,
2010, thirty [30] calendar days) prior to commencement of the Executive Board meeting
at which the Pre-Trial Review Board will be held. In cases where the request for Pre-
Trial review is received less than (15) calendar days (effective October 1, 2010, thirty
[30] calendar days) prior to the next Executive Board meeting, then the matter will be
heard at the following Executive Board meeting, unless all of the parties involved agree
otherwise. If the General President is involved as a party, the General Secretary-
Treasurer shall be the person to convene a Pre-Trial Review Board. If the General
President and General Secretary-Treasurer are both involved as parties, the
International Vice President who is selected by the General President and approved by
the parties shall convene a Review Board. The General President shall_ establish panels
of four IAFF Vice Presidents in adjacent geographicaldistricts,to review charges arising
from those four districts. No Vice President can sit on a Review Board for a charge
arising from his/her-District. Those Vice Presidents who serve on a pre-trial Review
Board will be excluded on further appeals process in the same case. The pre-trial
Review Board has the authority to dismiss the charges if it concludes, after review of
written submissions by all parties, that they are frivolous, retaliatory, or de minirnis. At
the conclusion of the review, if the Review Board determines that a charge should go to
trial, a Trial Bbard_must be convened within one hundred and twenty (120) days of the
decision. There shall be no appeal from the Review Board's decision.
53
ARTICLE XVII- TRIALS
Section 1. Trials of Officers or Members of Local or Other Subordinate Unions
A. Whenever charges are preferred against an officer or member of a local union
or an officer or individual member of a state or provincial association or joint
council (hereinafter referred to collectively as "subordinate unions"), the
accused shall be tried within one hundred twenty (120) days by a trial board
selected and appointed as hereinafter provided by the president of the local
or other subordinate union unless he/she is directly involved as a party,
witness, or otherwise, in the conduct giving rise to the charges. (If the charged
party requests a Review Board pursuant to Article XVI, Section 5, then the 120
day period shall run from the date of the decision by the Review Board.) If the
president is so involved, the secretary-treasurer (or corresponding executive
officer) of the subordinate union shall appoint the members of the trial board.
If the secretary-treasurer (or corresponding executive officer) is also so
involved, the General President shall designate the Vice President of the
District in which the subordinate union is located as the appointing officer of
the trial board.
The appointing officer shall submit names of seven (7) members in good
standing of the subordinate union to the accuser, of which the accuser shall
reject two-(2), and then shall submit the remaining five (5) to the accused, of
which the accused shall reject two (2), with the remaining three (3) thus
appointed as the trial board; provided, however, that if 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, or, in the event the required number of members of a
local or other subordinate union refuse to serve as members of a trial board,
in either of these events the Vice President of the District in Which the charges
arose shall submit the names of seven (7) members in good standing of a
neighboring local union or neighboring local unions within the District to the
accuser,. of which the accuser shall reject two (2), and then shall submit the
remaining five (5) to the accused, of which the accused shall reject two (2),
with the remaining three (3) thus appointed as the trial board; provided;
further, however, that the decision of the trial board consisting of members of
a neighboring local or locals shall be deemed to be the decisionof the local
union in which the 'charges arose, the reasonable costs of which shall be borne
by such local union and the decision of the trial board reported to such local
union. ,
In the event that neither the local presidentnqr the secretary-treasurer (or
corresponding executive officer) have either submitted the names of seven (7)
members of the subordinate union to the accuser, or notified the General
President that they are sufficiently involved so as to preclude them from doing
so, within thirty (30) days of their receipt of the charges, then the General
President shall be authorized, upon request by any party to the case, to
54
designate the Vice President of the District in which the subordinate union is
located as the appointing officer of the trial board.
The accuser shall make his/her selection no later than seven (7) days following
the submission of the names by the appointing officer, in the absence of
which the appointing officer shall strike two names; thereafter the appointing
officer shall submit the remaining five (5) names to the accused, who shall
make his/her selection no later than seven (7) days following the submission
by the appointing officer, in the absence of which the appointing officer shall
designate the three (3) members of the trial board.
In cases where there is more than one accuser and/or accused, an effort will
be made to obtain agreement among each group of accusers and/or accused
to strike two (2) names. In the absence of agreement among a group of
accusers and/or accused, the appointing officer shall strike two names by lot.
If charges are preferred by an International officer or officers against an officer
or member of a subordinate union, the trial shall be conducted by members of
the Executive Board of the Association who shall be designated as provided in
Section 2 of this Article.
In all cases Where the appointing officer selects the names of seven (7)
members to be submitted to the accuser and the accused, such members shall
be chosen by a random, computerized process established and carried out,
upon request of the appointing officer, by the General Secretary-Treasurer's
B. The General President, at the request of the charging or charged party, or the
local that is responsible for conducting the trial board, may appoint
Representatives to preside over and assist local trial boards by ruling on
procedural matters but not making a decision on the merits. The cost of these
Representatktes including travel, lodging, meals, and per diem shall be paid by
the local where the case arose or as determined by the General President.
Section 2. Trials Before International Trial Board
Whenever charges are preferred by or against an International officer of the
Association, the aceusedshall be tried within ohe hUndred twenty (120) days before''
trial trial board of three (3) merbbers of the Executive Board to be selected and appointed in
the following manner by the General President unless he/she is directly or indirectly
involved-in_the_conduct_giving_rise to the charges in which case the General Secretary-
Treasurer shall act as the appointing officer; provided, however, that in the event both
the General President and the General Secretary-TreaSurer are-so-involved in the
conduct giving rise to the charges, the remaining members of the EXeCutiVe Board not
so involved by majority vote shall designate ohe of its members not so invOlved as the
appointing Officer. (If the charged party requests a Review Board pursuant to Article XVI,
Section 5, then the 120 day period shall run from the date of the decision by the Review
Board.) The appointing officer shall submit the names of seven (7) members of the
Executive Board to the accused of which the accused shall reject four (4), the remaining
three (3) to constitute the International Trial Board.
The accused shall make his selection no later than seven (7) days following said
submission at the expiration of which time in the absence of election by the accused the
appointing officer shall designate the members of the International Trial Board.
In the event that charges preferred against an International officer are of such a nature
as to require immediate summary action to safeguard the interests of the Association,
such as those involving larceny, embezzlement, unlawful conversion of Association
funds or property of the like, the International Trial Board shall immediately refer the
matter to the Executive Board. If the majority of the Executive Board (less any member
or members disqualified because he/she or they are involved in the charges) decide,
after review, of the charges and any investigation it considers necessary, that the
charges are not frivolous or lacking in substance and are of such a nature as to require
immediate summary action to protect the funds or property of the Association, it is
empowered to and shall immediately suspend the accused officer or officers from any
further duties or authority on behalf of the International pending completion of the trial
by the International Trial Board. Thereafter, the trial shall proceed as hereafter provided
in this Article, and the vacancy in the office of the suspended officer shall be filled
temporarily as provided in Section 5 of Article V. If the accused is acquitted of the
charges, he/she shall be immediately reinstated in office upon such acquittal.
Section 3. Disqualification for Cause and Procedure for Replacing Trial Board
Member Unable to Serve
No name submitted for selection as a member of a trial board shall be that of anyone
directly or indirectly involved as a party, witness, or otherwise, in the conduct giving rise
to the charges, and in the event any of the members are so involved they shall be
disqualified to sit as a member of the trial board, and the appointing officer shall submit
three (3) additional names to the accuser, who shall strike one (1), and shall submit the
remaining two (2) to the accused, who shall strike one (1), and the remaining member
shall sit as a substitute member. The accused and accuser shall in all cases each have
seven (7) days to make their respective strikes after-said submission failing which the
appointing officer will designate the substitute member. The procedure described
herein shall also apply to replace an individual selected by the accused to serve on a trial
board Who is unable or unwilling to serve on the trial board for any reason.
Section 4. Chairperson of Trial Board
Prior to proceeding with the trial, the members of the trial board shall elect one of their
group as chairperson. The Chairperson shall preside at the trial and rule upon all
questions and points of order.
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Section 5. Absence of Trial Board Member from Session
It shall be the duty of each member of a trial board to attend all sessions of the trial. In
the event that a member is unavoidably absent from a session of the trial, it may
proceed provided a majority of the trial board members are present.
Thereafter, the absent member shall remove himself/herself from the trial board and
may not participate in any further proceedings or in the findings or decision of the trial
board.
Section 6. Rules for the Conduct of the Trial
Except as otherwise provided herein, trial boards may promulgate their own set of rules
for the conduct of the trial formulated in consultation with both the accused and
charging party or parties and distributed to them in writing at least fifteen (15) days
prior to the commencement of the trial. Additional rules of procedure may be
determined by a trial board during the course of a trial if situations not covered by the
rules adopted should occur.
A simple manual of trial procedure will be prepared by the International and made
available to each of its affiliates for assistance and guidance in conducting the trial. The
trial board shall have the authority prior to receiving testimony and other evidence to
entertain a motion to dismiss the charges in a case without further trial on the ground
that such charges are patently frivolous or lacking in substance or otherwise subject to
dismissal without the necessity of testimony or other evidence. If the trial board is
satisfied after hearing argument for and against motion to dismiss that the motion is,
well taken, it shall dismiss the charges and the trial shall be concluded.
Unless otherwise agreed by the accused, the trial shall be held at the city or town in
which the accused is employed or in an adjacent city or town if the trial board
chairperson determines that it is more appropriate for the proper functioning of the
trial. It shall be held within one hundred twenty (120) days after the receipt of charges
by the accused and not less than two (2) weeks after notification to the accused of the
composition of the trial board and the date and place of trial. If the charged party
requests a Review Board pursuant to Article XVI, Section 5, then the 120 day period shall
run from the date of the decision by the Review Board. If a trial board should fail for
any reason to convene within-the time period prescribed in this Section for the
commencement of the trial, it shall be dissolved and a new trial board constituted by
the appointing officer and convened within the time limits herein required.
Each party to the case shall have the privilege of_designating any person, including any
member in good standing of the Association except a member of the trial board or other
member involved in the proceedings to act as his counsel in the trial proceedings.
It is the intention of the Association to discourage the appearance of lawyers in these
hearings, and legal formalities shall not control the proceedings.
57
For good cause shown the accused or party preferring charges may request a
postponement of the date set for trial. Such motion shall be addressed to the
Chairperson of the trial board and shall be subject to approval or rejection within the
discretion of the members of the trial board.
Either party may be granted a postponement, for a reasonable period of time, of a trial
at the discretion of the trial board if a showing is made that there is a concurrent court
or administrative agency case involving substantially the same issues and parties and
that continuation of the trial board may prejudice the rights of either party. The trial
board may postpone the trial either on request or on its own motion. A party may
appeal a denial or grant of such.a motion within ten (10) days to the General President.
Such appeal shall be sent to the General President by certified mail with return receipt
where available, and if not available, then by registered mail. The General President
shall issue a decision no later than ten (10) days. after receipt of the appeal. Such
decision shall be final and binding on all parties.
Upon request by the accused, the trial shall be open to such members of the Association
who desire to attend and the trial board shall so provide in its rules for the conduct of
the trial.
Each trial board shall have the option either to select a qualified stenographer to take
the official verbatim transcript of the trial proceedings or record such proceedings
electronically. In the event electronic recordings are utilized, the trial board shall also
designate one of its members to take official minutes of the proceedings. All documents
or other items offered as exhibits shall also be preserved by the trial board as a part of
the record. If an electronic recording is used, either the accused or charging party shall
be permitted to listen to it subsequent to the trial under the supervision of a member of
the trial board and if either of such parties decides to take an appeal from the decision
of the trial board, a transcription of the electronic recording shall be made. A copy of
the official minutes and transcripts shall be furnished upon request to either party to
the case without charge.
Should the accused fail to appear for trial after due notice, or should he/she appear but
refuse to comply with the rules for the conduct of the trial prescribed in this
Constitution and By-Laws or formulated by the trial board, or should he/she engage in
conduct designed to obstruct his/her trial, then in that event the trial board shall
proceed to conduct the trial in his/her absence. The accused, the party preferring
charges, counsel for either party, or any witnesses or spectators who are guilty of
misconduct before the trial board, at the discretion of the Chairperson of the trial board,
shall be excluded thereafter from the trial proceedings and the trial shall continue in
their absence.
After all evidence has been presented and arguments made by all parties or their
counsel, the trial board shall conclude the trial and, as soon as may be practicable,
assemble for consideration of its decision.
58
Section 7. Decision of Trial Board
The decision of the trial board shall be by majority vote of its members, shall be reduced
to writing, and shall contain a statement of the pertinent facts involved, the violations
charged, reference to all relevant Articles and Sections of this Constitution and By-Laws
or other governing laws involved, a pronouncement of the guilt or innocence of the
party charged, and the penalty to be imposed in the event the verdict is one of guilt
which shall be reprimand, fine, suspension from office, or suspension or expulsion from
membership.
When the charges are deemed frivolous, de minimis, or retaliatory by a decision of the
trial board, all costs associated with the trial board, including attorney expenses, shall
be borne by the charging party. Failure of the charging party to pay the costs and
expenses of a convened trial board, within sixty (60) days from the date of the decision
and any decision on appeal, shall result in suspension of the charging party until such
time that all costs are paid in full.
All decisions of trial boards shall be rendered within sixty (60) days from the
commencement of the trial; provided, however, that this time may be extended by the
Board for good cause shown with the consent of both the accused and the charging
party or parties.
Section 8. Disposition of Decision of Local and Other Subordinate Union Trial
Boards
A.
Local Unions. Decisions of local union trial boards shall be submitted to

the secretary of the local union and shall be read at the next regular
meeting. Decisions of the trial board shall be final and binding unless
reversed or modified upon appeal as provided for in Article XVIII, Sections
2, 3, 4, 5, 6, and 7 of this Constitution and By-Laws. The chairperson of
the trial board shall transmit a copy of the trial board's decision to the
General President's office and the District Vice President as soon as is-
reasonably possible.
State and Provincial Associations and Joint Councils. Decisions of trial
boards of state and provincial associations and joint councils shall be final
and binding unless reversed or modified upon appeal as provided in
Article XVIII. The chairperson of the trial board shall transmit a copy of
the trial board's decision to the General President's office and the District
Vice President as soon as is reasonably possible.
Section 9. Disposition of International Trial Board Decision
The decision of an International Trial Board shall be final and binding unless reversed or
modified on appeal as provided in Article XVIII. All decisions of International Trial Boards
shall be submitted to the General Secretary-Treasurer.
59
Section 10. Service of Decisions
Copies of the decisions of all trial boards shall be sent by certified mail with return
receipt where available, and if not available, then by registered mail to the parties
involved by the secretary of the local or subordinate union or by the General Secretary-
Treasurer as the case may be.
Section 11. Further Proceedings
Either party to a case may appeal from the decision of any subordinate union trial board
or International Trial Board in accordance with the provisions of Article XVIII.
Section 12. Trial Board Costs
In the case of charges between members of different locals, and in the absence of an
agreement, the General President may impose costs for the conduct of the trial upon
any local whose members are involved in the proceedings. To the extent possible, the
General President will divide the costs equally between all locals involved unless he
determines that fairness and equity warrant higher costs being imposed upon one or
more locals or on the non-prevailing party or parties or local. The reasons for the cost
allocations shall be discussed in a written decision by the General President. Appeal of
the General President's decision may be made to the Executive Board.
ARTICLE XVIII APPEALS
Except as otherwise provided by this Constitution and By-Laws such as in the case of
automatic suspension of members for failure to pay dues or automatic forfeiture of
subordinate union charters for failure to pay per capita taxes, any final order or decision
of a local union or other subordinate union or of a legally constituted tribunal thereof or
any decision or order of any International officer or officers or of the Executive Board or
any legally constituted tribunal of the Association shall be appealable.
Section 2. WhO May Appeal
Any member in good standing or any- local union. or 6ther subordinate union of this
AsOciation adversely affeeted by any order or decision as aforesaid May take an appeal
as hereinafter 'provided.
SectiO.n_3Ap.peals_to_the General 'President
Except when he/she is directly involved in the order or decision from which appeal is
taken, all appeals shall be referred initially to the General President for review and
decision.
Appeals shall be in writing, shall be made within thirty (30) days from the receipt of the
order or decision from which appeal is taken, and shall be sent by certified mail with
60
return receipt where available, and if not available, then by registered mail to the
headquarters of the General President. The appealing party must clearly label any
correspondence intended to serve as an appeal by writing or typing the word "APPEAL"
on the cover page of any such correspondence and on the envelope in which it is sent.
Copies of the appeal shall be sent by certified mail with return receipt where available,
and if not available, then by registered mail to the adverse party (in the case of trial
board decisions) or to the party whose order or decision is being appealed. The party
filing the appeal must include a statement in the appeal affirming that a copy of the
appeal has been sent to the adverse party or the party whose order or decision is being
appealed, and list the names and addresses to whom a copy of the appeal has been
sent. The opposing party or party whose order or decision is being appealed must also
affirm that a copy of the opposing statement has been sent to the appealing party as
part of the opposing statement.
The appeal shall contain a resume of the facts, the decision or order involved, and such
argument (but no new evidence in the case of appeals from trial board decisions) as the
appealing party deems necessary for the proper consideration of the appeal. Upon
receipt of the appeal, the General President shall secure from the custodian thereof the
official record of the trial and action of the trial board and local union (if any) and shall
review such proceedings and decisions in his/her consideration of the appeal.
Upon receipt of a copy of the appeal, the opposing party or party whose order or
decision is being appealed may file a statement in opposition with the General Prsident
accompanied by such statement and argument (but no new evidence in the case of
appeals from decisions of trial boards) as such party may consider necessary for proper
consideration of the Opposing position. Sach opposing statement shall be sent by
certified mail with return receipt where available, and if not available, then by
registered mail within thirty (30) days after copies of the appeal have been received,
and a copy of such statement shall be sent by certified mail with return receipt where
available, and if not available, then by registered mail to the appealing party.
After the appeal and opposing statement (if any) are received, the General President
shall render his/her decision on the appeal in writing within a reasonable time
compatible with his/her other duties and obligations but no later than sixty (60) days
thereafter, and shall send copies of such decisions by certified mail with return receipt
where available, and if hot available, then by registered mail to all parties in interest.
He/She shall have the authority to affirm, reverse, or mOdify the order or decision
appealed frOm and,- in the case of an appeal from a trial board decision, he/she may also
Change or Mcidify any penalty imposed or remand the case to the local union or trial
board for further proceedings consistent with his/her decisions.
Decisions of the General President on appeals shall be final and binding unless a further
appealis faken as provided herein.
Section 4: Appeals to the Executive Board
,
The Executive Board shall entertain two classes of appeals as follows:
61
All original appeals which the General President is disqualified to decide
as provided in Section 3 of this Article, by reason of being involved as the
party issuing the order or decision from which appeal is taken or by being
the accused, shall be taken initially to the Executive Board and addressed
to the General Secretary-Treasurer and shall be filed within thirty (30)
days from the receipt of the order or decision from which appeal is taken.
The Executive Board shall receive the Appeal, opposing position, and
record of the trial (if a trial board decision is appealed) in accordance
with the procedure heretofore prescribed in Section 3 of this Article
governing appeals to the General President, and the Board shall render
the original decision on appeal; and
B. Any party in interest who is dissatisfied with the decision of the General
President on appeal may make a further appeal from such decision to the
Executive Board within thirty (30) days after receipt of a copy of the
General President's decision on appeal. Such appeal shall be sent by
certified mail with return receipt where available, and if not available,
then by registered mail to the General Secretary-Treasurer and copies
similarly mailed to all other parties in interest. The party appealing shall
file a brief statement of the reasons why the General President's decision
on the prior appeal should be reversed by the Executive Board and may
submit in written form, by memorandum or brief, such detailed
argument as he/she desires in support of his/her reasons for seeking
reversal. He/She shall also attach a copy of the General President's
decision from which appeal is taken. A copy of all such appeals and
accompanying papers shall be sent by certified mail with return receipt-
where available, and if not available, then by registered mail by the party
appealing to the opposing party or parties at the time the appeal is
transmitted to the Executive Board. Such opposing party or parties may
file a statement in opposition to the appeal with the Executive Board
within thirty (30) days after a copy of the appeal and supporting papers
have been received together with such memorandum or brief in support
of the opposing statement as may be desired. A copy of such statement
and supporting papers shall be sent by certified mail with return receipt
where available, and if not available; then by registered mail to the
appealing party at the same time the opposing statement is mailed to the
Executive Board through the General Secretary:Treasurer.
After receipt of appeals and opposing statements as aforesaid, the General Secretary-
Treasurer shall make available to the Executive Board the entire record in the case
which-shall-include-the written-appealTopposing-statement-Of-any-L-all-prior-appeals and

decisions, all supporting statements and arguments filed with such appeals and (in the
case of appeals from decisions of trial boards) the complete record of the Trial. The
General Secretary-Treasurer shall also notify the parties to the appeal by certified mail
with return receipt where available, and if not available, then by registered mail of the
date the appeal has been referred to the Executive Board for review and decision.
62
Upon receipt of the appeal and all accompanying papers, the Executive Board shall
review the entire record in the case and shall reach decision by majority vote of those
members of the Executive Board participating, which decision shall be rendered in
writing within a reasonable time compatible with the other duties and obligations of the
members of the Board but no later than ninety (90) days after the receipt of all papers
on the appeal from the General Secretary-Treasurer. Such decision may affirm, reverse,
or modify the decision or order from which appeal is taken and, in the case of decisions
in disciplinary cases originating with trial boards or local unions, may change or modify
the penalty imposed or remand the case to the local union or trial board for further
proceedings consistent with the decision on appeal of the Executive Board. Copies of all
appeal decisions by the Executive Board shall be sent to all parties in interest by
registered mail.
If, in the judgment of the Executive Board, it is desirable to hear the parties to an appeal
on oral argument in further support of their positions, the Board may schedule a hearing
for such purpose at a time and place to be set by it and shall advise the parties
accordingly, but otherwise no right of the parties to have an oral hearing or argument in
support of their positions shall exist.
The decision of the Executive Board shall be final and binding subject to further appeal
to the International convention as hereafter provided.
Any party qualified to take an appeal under Section 2 of this Article who is adversely
affected by any order or decision originating with the Executive Board from which
appeal may be taken under this Constitution and By-Laws may appeal to the
International Convention, or any party in interest who is dissatisfied with the decision of
the Executive Board on an appeal may further appeal the matter to the International
Convention, by sending notice of such intent to appeal to the General Secretary-
Treasurer within thirty (30) days after receipt of a copy of the Executive Board's decision
or order or decision on appeal. Such notice shall be sent by certified mail with return
receipt where available, and if not available, then by registered mail and a copy thereof
similarly mailed to the other party or parties in interest.
Appeals may also be taken directly to the International Convention by any subordinate
union whose charter has been forfeited or revoked by the General President after
approval of the Executive Board as provided in Article XII of this Constitution and By-
Laws.
Upon the convening of the next regular convention of the Association all appeals from
appeal decisions of the Executive Board, or appeals from original decisions or Orders
originating with the Executive Board, or appeals from charter revocations shall be
referred to the Committee on Grievances and Appeals of the convention. The General
Secretary-Treasurer shall transmit the entire record of each appeal taken as aforesaid
for review by this Committee.
63
The Grievances and Appeals Committee shall review the entire record in each appeal
and shall permit, upon request, parties in interest to appear before it accompanied by
counsel of their choosing in support of their positions on appeal. The Committee shall
allow such parties to make an oral argument and file written statements and argument
but shall receive no new evidence.
After hearing the parties and reviewing the entire record of each appeal submitted to it,
the Grievances and Appeals Committee shall prepare a separate written report on each
case recommending affirmance, reversal, or modification of the decision from which
appeal is taken including any penalties imposed. Such reports shall be read separately to
the delegates of the International Convention by the Chairperson of the Grievances and
Appeals Committee. At the conclusion of each report, the delegates of the convention
shall by majority vote sustain, reverse, or modify the recommendations of its
committee.
The decision of the International Convention on any appeal shall be final and binding.
No appeal shall be recognized or considered unless the party filing the appeal has
accepted and complied with the requirements of any decision or order from which an
appeal is taken; provided, however, that if the Geheral President or the International
Executive Board concludes that for good cause shown, including possible irreparable
injury, compliance in a particular case should be stayed in order to prevent such injury
from occurring during the pendency of the appeal, such compliance may be stayed or
modified by the General President with respect to appeals submitted to him/her or by
the Executive Board with regard to appeals submitted to it or to the International
Convention; and provided, further, that in all disciplinary cases where fines in excess of
fifty dollars ($50.00) are imposed, fifty dollars ($50.00) shall be required to be paid no
later than fifteen (15) days after the thirty (30) days appeal period as a condition of any
proper appeal from the decision under which such fine was imposed.
Section 7. Appeal to Courts of Lawor Other Civil Authority
No officer or member or subordinate union of this Association shall resort to any court
of law or equity or other civil authority for the purpose of securing an opinion or
decision in connection with any alleged grievance or wrong concerning any case arising
within the Association or any of its subordinate unions until such party shall have first
exhausted all remedies by appeal or otherwise provided in this Constitution and By-
laws not inconsistent with applicable law for the settlement and disposition of such
alleged rights, grievances or wrongs.
The General President, the Executive Board and the International Convention are
hereby empowered to refuse or defer consideration, or to refuse, defer or withhold
decisions in any matter pending in any court of law as circumstances in their judgment
may warrant and justify.
64
In the event of noncompliance by a member with a final decision handed down by a trial
board or appellate body, the Executive Board may suspend from all privileges of the
Association such member until the provisions of the decision have been complied with.
ARTICLE XIX - WORK JURISDICTION DISPUTE RESOLUTION
PROCEDURES
Section 1. Principles
The principles set forth in this Article shall be applicable to affiliates of this Association.
Each affiliate shall respect the established work relationship of every other affiliate. For
purposes of this Article, the term "established work relationship" shall be deemed to
exist as to any work of the kind which the members of an affiliate have customarily
performed at a particular work site, whether their employer is a city, county or other
governmental agency or private company, and shall include any work performed under
a mutual aid agreement that has the approval of the affected affiliates.
No affiliate shall by agreement or collusion with any employer or by exercise of
economic pressure seek to obtain work for its members where an established work
relationship exists with any other affiliate, except to recover work previously performed
within its jurisdiction by its members or with the consent of such other affiliate. For a
period of five (5) years from the date an affiliate loses work to another affiliate, the
original affiliate shall be entitled to initiate actions to recover that work without
collusion and/or interference from any other affiliate.
Section 3. Outside Arbitrator Use
Upon request by an affiliate, the General President shall determine whether or not a
work jurisdiction dispute exists between two or more affiliates requiring the use of an
outside arbitrator to resolve the matter. There shall be no appeal from the General
President's decision to submit a jurisdictional dispute to arbitration. If the General
President rejects a request for arbitration, the decision is appealable only to the
Executive Board to be heard at their next regular meeting. After consultation with the
General President and after review of written submissions of the parties, the Executive
Board shall issue a decision affirming or denying the General-President's decision.
Section 4. Determination of a Work Jurisdiction
Upon determination that a work jurisdiction dispute exists between two or more
affiliates, the General President by lottery shall select an arbitrator for U.S. affiliates
from a regional list of fifteen (15) names provided by the American Arbitration
Association and for Canadian affiliates from a list of fifteen (3.5) names provided by the
Labor Minister for the province or territory concerned, or from a list provided by mutual
65
agreement of the affiliates. The arbitrator shall have the authority to schedule deadlines
for all necessary actions, including the receipt of documents, and to schedule
appropriate hearings that shall be conducted according to procedures of the American
Arbitration Association, or in accordance with the applicable provincial labor code
concerning arbitration procedures, as appropriate, except that the deadline for the
submission of documents shall not exceed fifteen (15) days from the appointment of the
arbitrator, and the arbitrator's final decision shall be issued no later than forty-five (45)
days from the closing of written and oral arguments. The arbitrator in coming to his/her
decision shall review the written arguments, oral testimony, and written evidence
submitted by_each party to the dispute, as well as reviewing any arguments or evidence
that may be submitted by the General President or the relevant District Vice President.
In deciding the dispute, the arbitrator is bound by the definition of work jurisdiction
contained in this Constitution and By-Laws, by the current jurisdictions of the affiliates
involved as stated in their constitutions and by-laws, by the affiliates' charters, by any
written agreement between the affiliate(s) and the Association, by past practice, and by
the written arguments and evidence submitted by the parties. The arbitrator may also
consider any relevant labor laws or regulations, or labor board certifications. The
arbitrator shall not be bound by any other decisions involving work jurisdiction disputes
between affiliates. Each case must be decided on its own merits. It shall be within the
arbitrator's authority to issue a report to the Executive Board.

The IAFF Executive Board shall review the arbitrator's report, anq they shall have the -
authority to announce the jurisdiction of affiliates and to reassign members to a
particular local, when members are found by the arbitrator to have been improperly
admitted to another local. If the Executive Board is unable to reassign members due to
applicable laws, then the Executive Board may impose a penalty of up to one year's
dues for members lost by the local whose jurisdiction has been violated. The Executive
Board may also levy reasonable fines or assessments on any affiliate found to have
violated the jurisdiction of another affiliate. All fines and assessments shall be
considered apart of a local's financial obligation for purposes of representation at the
International Convention under Article IV, Section 2; and are payable to-the local whose
jurisdiction has been violated. The Executive Board's decision is final and binding with
no further appeal.
Section 7. Costs
Imposed
by. the General . President
In the case of a work jurisdiction dispute between affiliates, and in the absence of an
agreement, the General President may impose costs for the conduct of the hearing
upon any affiliate that is involved in the proceedings. To the extent possible, the
General President will divide the costs equally between all affiliates involved unless
he/she determines that fairness and equity warrant higher costs being imposed upon
one or more affiliates or-on the non-prevailing affiliate(s). The General President shall
66
discuss the reasons for the cost allocations in a written decision. Any appeal of the
General President's decision shall be made to the Executive Board only.
ARTICLE XX - AMENDMENTS AND CONVENTION RESOLUTIONS
Amendments to this Constitution and By-Laws or resolutions for convention action may
be submitted only by local unions, state and provincial associations or joint councils of
this Association, or by its International officers or the Executive Board, or by the
delegates at International Conventions as hereafter provided.
Section 2. HowProposed and Adopted
Amendments or resolutions proposed by a local union, state, provincial association,
joint council or by International officers or by the Executive Board shall be subject to
adoption by a majority vote of the delegates present and voting at a biennial
convention. All such amendments or resolutions to be considered by any convention of
this Association (including the IAFF /Canada) must be received by the General Secretary-
Treasurer no later than 50 days immediately preceding the opening of the convention
and no later than 5 p.m. EDT of the cut-off date in order that all such amendments and
resolutions may be printed in the Association's official publication for distribution to the
membership preceding said convention accompanied by a summary statement
prepared by the General Secretary-Treasurer of the estimated costs respecting any
resolution which in his/her judgment involves cost factors. In addition to the mail
service, copies of the resolution may be faxed or e-mailed to the General Secretary-
Treasurer's office no later than 50 days prior to the opening of the convention,
provided, however, that any resolution received by mail, including any overnight mail
service, after 5 p.m. EDT on-the cut-off date that has not previously been received by fax
or e-mail before the cutoff date will be returned to sender. A properly signed; original
hard copy of all resolutions submitted by fax or e-mail must be received in the General
Secretary-Treasurer's office at least forty (40) days before convention begins in order for
the resolution to be considered by the delegates. In emergency situations, herein
defined as a situation occurring between the 50-day period immediately preceding the
convention and the convention itself, including the days during which it is in session,
which manifestly is of such a nature as to require the late submission of an amendment
or resolution; such emergency resolutions may be received upon unanimous consent of
the convention delegates. -
TheAssociation shall not accept or process resolutions which may be considered
defamatory-or-libelousand-any_affiliate_wishing_tosubmit_aLConvention resolution that
seeks to CenSure, condemn Or otherwise criticize any person, including fire department
personnel- , or entity shall submit a draft of such resolution to the Asso- CiatiOn, along with
sufficient documentation to support the allegations therein; at least sixty (60) days prior
to- the Cbnvention for review by the General Prsident, who shall, if deemed necessary,
rewrite the draft resolution to remove any language therein that may be considered
defamatory or libelous -8 nd, WhO shall return the resolution as modified to the affiliate
for its review and approval, and any resolutiOn that is modified in- this manner shall be

67
submitted for consideration and action by the Convention delegates only if the
sponsoring affiliate first approves of the resolution in its modified form. A certain time
is to be set aside at the Convention for discussion and voting by the Convention
delegates on the censure motions, and this time shall be included in the Rules of the
Convention.
All amendments shall become operative immediately upon their adoption by the
delegates unless otherwise expressly provided.
The Executive Board shall have authority between conventions to amend this
Constitution and By-Laws as necessary to remove any conflict between its provisions
and those of any applicable federal or state law or to exempt its Canadian local unions
and provincial associations and its local unions and state associations in the United
States from appliCation of any of its provisions required by federal law wherever
practicable and after securing any necessary governmental approval thereof. The Board
is also empowered to modify such provisions as necessary to conform to amendments
adopted at conventions.
- ARTICLE XXI - DEFINITIONS
Section 1. Approval
Whenever the word "approval" appears in this Constitution and By-Laws or in written
policies or-resolutions of the International Association, it shall-mean-"prior approval"
unless specifically written to the contrary.
Section 2. Day
Whenever the word "day" appears in this Constitution and By-Laws, it shall mean
calendar day unless specifically written otherwise.
The IAFF will use the following defin ition in determining policies toward private-sector
fire protection:' "Private-sector fire 'protection" includes employees of anon- -
governmental, private-sector enterprise; whether profit or nonprofit, which provides
fire fighting and related services.
68
APPENDIX
Principal Officers
President
Thomas G. Spellacy
1918-1919
Samuel A. Fink (Acting)
1919-1919
Fred W. Baer
1919-1946
John P. Redmond
1946-1957
William D. Buck
1957-1968
William H. McClennan*
1968-1980
John A. Gannon*
1980-1988
Alfred K. Whitehead*
1988 - 2000
Harold A. Schaitberger
2000- present
*Emeritus Status
Secretary-Treasurer
William A. Smith
1918-1920
George A. Richardson*
1920-1956
William D. Buck*
1956-1957
John C. Kabachus*
1957-1964
Albert E. Albertoni*
1964-1972
Frank A. Palumbo*
1972-1980
Martin E. Pierce, Sr.*
1980-1982
Alfred K. Whitehead
1982-1988
Vincent J. Bollon*
1988 - 2009 _
Thomas H. Miller
2010 present
Name and Title
William D. Buck, President
William "Howie" McClennan, President
George J. Richardson, Secretary-Treasurer
Albert E. Albertoni, Secretary-Treasurer
John C. Kabachus, Secretary-Treasurer
Martin E. Pierce, Secretary-Treasurer
Ron Usher, Vice President
Raymond C. Fogarty, Vice President
Date Conferred
August 1968
August 1980
August 1970
September 1972
August 1974
August 1984
August 1988
August 1988
John A. Gannon, President
William J. Copeland, Vice President
Gordon R. Anderson, Vice President
Tony Wilcox, Vice President
Vernon Cook, Vice President
Michael McNeill, Vice President
Robert Greenwood, Trustee
August 1988
August 1988
August 1992
August 1998
August 2000
August 2008
August 2008
69
Vincent J. Bolion, General Secretary-Treasurer
August 2010
Raymond Hemmert
August 1988
Conventions
Number Location Date
1st Washington, DC February 1918
2nd Portland, Oregon September 1919
3rd St. Louis, Missouri September 1920
4th Columbus, Ohio September 1921
5th Tulsa, Oklahoma September 1922
6th Montreal, Quebec September 1923
7th Kansas City, Missouri September 1924
8th Philadelphia, Pennsylvania October 1926
9th Milwaukee, Wisconsin September 1928
10th Halifax, Nova Scotia September 1930
11th San Diego, California August 1932
12th Cedar Point, Ohio August 1934
13th Asbury Park, NewJersey September 1936
14th Atlanta, Georgia August 1938
15th DesMoines, Iowa September 1940
17th Louisville, Kentucky September 1944
18th Toledo, Ohio September 1946
19th Houston, Texas September 1948
20th Milwaukee, Wisconsin September_1950
21st Seattle, Washington September 1952

22nd Miami, Florida August 1954
23rd Montreal, Quebec August 1956
24th Wichita, Kansas August 1958
25th Buffalo, NewYork August 1960
26th San Antonio, Texas August 1962
28th Indianapolis, Indiana August 1966'
29th Toronto, Ontario August 1968
30th Miami Beach, Florida August 1970
31st Los Angeles, California August 1972
32nd Baltimore, Maryland August 1974
33rd Denver, Colorado August 1976
34th Las Vegas, Nevada August 1978

36th Chicago, Illinois August 1982
37th Cincinnati, Ohio August 1984
40th St. LouiS, Missouri August 1990
41st Vancouver, British Columbia August 1992
42nd Detroit, Michigan August 1994

70
43rd
44th
45th
46th
47th
48th
49th
50th
51st
Honolulu, Hawaii
Lake Buena Vista, Florida
Chicago, Illinois
Las Vegas, Nevada
Boston, Massachusetts
Toronto, Ontario
Las Vegas, NV
San Diego, CA
Philadelphia, PA
August 1996
August 1998
August 2000
August 2002
August 2004
August 2006
August 2008
August 2010
July 2012
1918- Present (Elected at Convention Years Listed)
1918
1st Samuel A. Fink 2nd Fred W. Baer 3rd Edward J. Coveney
4th Raymond E. Oden 5th Owen Dunn 6th George J. Richardson
7th W. R. Brown 8th Sidney Johnson 9th L.N. Riley
10th R. M. Bradshaw 11th John F. Kerwin 12th William H. Leslie
Trustees:
Frederick Dobbratz AJ. Schaefer William F. Gillooley
1919
1st Seth Jones 2nd William J. Cawker 3rd Edward J. Coveney
4th Raymond E. Oden .5th Owen C. Dunn 6th ' George J. Richardson
7th W. R. Brown 8th Sidney Johnson 9th L. N. Riley
10th S. E. Johnson 11th John Kerwin 12th William H. Leslie
13th J. B. Dalphond
Trustees:
Samuel A. Fink C. A. Watson William F. Gillooley
1920
1st Seth Jones 2nd W. J. Cawker 3rd Edward F. Looney
4th W. P. Monroe 5th Hugh O'Donnell 6th C. A. Watson
7th J. A. Buck 8th Joseph W. Kirby 9th Lester N. Riley
10th H. E. Anderson 11th John F. Kerwin 12th J. A. Sullivan
13th J. B. Dalphond
Trustees:
Joseph M. Toohey E. L.- Carlin William F. Gillooley
1921
1st James M. Simester 2nd W. J. Cawker 3rd Edward F. Looney
4th W. P. Monroe 5th Hugh O'Donnell 6th Albert Higgin
10th H. E. Anderson 11th John F. Kerwin 12th Charles M. Doty
13th Donald Dear
Trustees:
Charles M. Nixon E. L. Carlin William F. Gillooley
1922
4th W. P. Monroe 5th Hugh O'Donnell 6th Albert Higgin
71
10th H. E. Anderson
13th Donald Dear
Trustees:
Charles Nixon
1923
1st James M. Simester
4th W. P. Monroe.
7th E. W. Powell
10th H. E. Anderson
13th Donald Dear
Trustees:
Arthur Beaulieu
11th John F. Kerwin
E. L. Carlin
W. J. Cawker
Hugh O'Donnell
Joseph W. Kirby
John F. Kerwin
E. L. Carlin
12th Charles M. Doty
William F. Gillooley
3rd
Edward F. Looney
6th
Albert Higgin
9th
Lester N. Riley
12th
Charles M. Doty
William F. Gillooley
James M. Simester
W. P. Monroe
E. W. Powell
H. E. Anderson
Donald Dear
Arthur Beaulieu
W. J. Cawker
Hugh O'Donnell
Daniel Sullivan
John F. Kerwin
E. L. Carlin
Edward F. Looney
Albert Higgin
Lester N. Riley
Jesse Watkins
John J. Gann
1924
1st
4th
7th
10th
13th
Trustees:
1926
1st
4th
7th
3rd
6th
9th
12th
3rd
6th
9th
12th
3rd
6th
9th
12th
A, Holterbach
Roberti. Cole
E. W. Powell
10th H. E. Anderson
13th _ Donald Dear _
Trustees:
Arthur Beaulieu
1928
1st Edward J. Chapman
4th Ro_bert J. Cole_
7th E. W. Powell
10th H. E. Anderson
13th Donald Dear
Trustees:
Arthur Beaulieu
1930
1st Vincent J. Kane
4th John Heinz
7th E. W. Powell
10th H.-E. Anderson
13th Joseph S. Noel
Trustees: -
Arthur Beaulieu
A. F. Wesselny
Hugh O'Donnell
Scott Power
Charles A. Boger
E,.L. Carlin .
A. F. Wesselny
Hugh O'Donnell
Scott Power
Charles A. Boger
E. L. Carlin
2nd A. F. Wesselny 3rd
5th Hugh O'Donnell 6th
8th John P. Redmond 9th
11th Charles A. Boger 12th
E. L Carlin
Edward F. Looney
Albert Higgin
Lester N. Riley
Jesse Watkins
John J. Gann
Edward F. Looney
Neil MacDonald
A. J. Dooney
Jesse Watkins
John J. Gann
Edward F. Looney
Neil MacDonald
A. J. Dooney
Jesse Watkins
John). Gann
2nd
5th
8th
11th
2nd
5th
8th
11th
2nd
5th
8th
11th
2nd
5th
8th
11th
1932
1st
Vincent J. Kane
2nd
A. F. Wesselny
3rd
Edward F. Looney
4th
John Heinz
5th
Hugh O'Donnell
6th
Neil MacDonald
7th
E. W. Powell
8th
John P. Redmond
9th
A. J. Dooney
72
11th R. W. Granger 12th Jesse Watkins
E. L: Carlin John J. Gann
2nd A. F. Wesselny Edward F. Looney
5th Hugh O'Donnell 6th Neil MacDonald
8th John P. Redmond 9th A. J. Dooney
11th James A. Petris 12th Jesse Watkins
E. L. Carlin John J. Gann
2nd A. F. Wesselny 3rd Edward F. Looney
5th Hugh O'Donnell 6th Albert Higgin
8th John P. Redmond 9th A. J. Doonej,
11th James A. Petris 12th Jesse Watkins
E. L. Carlin John J. Gann
2nd A. F. Wesselny 3rd Edward F. Looney
5th Walter Zechel 6th Albert Higgin
11th James A. Petris 12th Hugh L. Kilgore
2nd William D. Buck 3rd Edward F. Looney
11th James A. Petris 12th Hugh L Kilgore
E. L. Carlin James M. Cody
2nd William D. Buck 3rd Joseph C. Lehan
11th Hayman _Bert 12th Hugh L. Kilgore
James M.._Cody William Hottel
Western Canadian
2nd William D. Buck 3rd Joseph C. Lehan
10th
Ex.Bd. Appointed
13th
Ex. Bd. Appointed

Trustees:
Arthur Beaulieu
1934
Vincent J. Kane
4th
John A. Flaherty
7th
Max Maximilian
10th
Ex. Bd. Appointed

13th..
Thomas Vyles
Trustees:
James M. Cody
1936
1st
Vincent J. Kane
4th
John A. Flaherty
7th
Max Maximilian
10th
E. Bd. Appointed
13th
Thomas Vyles
Trustees:
James M. Cody
1938
lst. Vincent J. Kane
4th - John P. Coyne
7th Max Maximilian
19th Ex. Bd. Appointed
13th _ Thomas Vyles.
Trustees:
John J. O'Doherty
1940
1st r. Vincent J. Kane
4th John P. Coyne
7th Max Maximilian
10th Milton J. Terry
1.3th Thomas Vyles
Trustees:
John J. p' Doherty
1942
1st Vincent J. Kane
4th John P. Coyne
7th Max Maximilian
10th Milton_L_Terry
13th James Preston
Trustees:
7
John J. 0' Doherty
Eastern .
1944
1st
Vincent J. Kane
4th
John P. Coyne
73
7th William E. Brower 8th John P. Redmond 9th S. P. Stevens
10th Milton J. Terry 11th Bert Hayman 12th Hugh L. Kilgore
13th James Preston
Trustees:
John J. O'Doherty James M. Cody William Hottel
Eastern Western Canadian
1946
1st John P. Crane 2nd William D. Buck 3rd Joseph C. Lehan
4th John P. Coyne 5th James Deach 6th John A. Staton
7th William E. Brower 8th George T. Slocum 9th S. P. Stevens
13th James Preston 14th A. T. Kessler
Trustees:
1948
10th Milton J. Terry 11th Bert Hayman 12th William W. Turner
Trustees:
1950
1st John P. Crane 2nd William D. Buck 3rd Joseph C. Lehan_
10th Milton J. Terry 11th - Jack Bo-stick 12th William W. Turner
13th R. Swan borough 14th A. T. Kessler
Trustees:
1952
1st Michael F. Smith 2nd William D. Buck 3rd Joseph C. Lehan
10th S. H. Shawver 11th Jack Bostick 12th William W. Turner
13th R. Swan borough 14th A. T. Kessler 15th D. A. Vanasse
Trustees:
1954
4th Raymond Fogarty 5th James Deach 6th Hector Wright
10th S. H. Shawver 11th Jack Bostick 12th H. E. Blackmon
13th Charles Chambers 14th A. T. Kessler. 15th D. A. Vanasse
74
Trustees:
1956
John J. O'Doherty
Eastern
James M. Cody
Western
William Hottel
Canadian
1st Howard Barry 2nd William D. Buck 3rd John C. Kabachus
Daniel J. Lawler
(2/58-6/58)
4th Charles J. Loesche 5th James Deach 6th Hector Wright
10th James J. Gallagher 11th Richard E. Gray 12th H. E. Blackmon
13th Charles Chambers 14th A. T. Kessler 15th D. A. Vanasse
Trustees:
1958
1st James King 2nd Vernon Cook 3rd William H. McClennan
4th Raymond Fogarty 5th Robert Fitzgerald 6th Hector Wright
7th Jack Waller 8th George T. Slocum 9th S. P. Stevens
10th Albert E. Albertoni 11th Jack Bostick 12th E. C. Wilcox
13th Charles Chambers 14th Raymond L. Perry 15th Andrea Plante
Trustees:
John J. O'Doherty Steven Barnes Lorne MacRostie
1960
4th Raymond Fogarty 5th Robert Fitzgerald 6th Harry Langhout
10th Oscar Castorina, Jr. 11th Jack Bostick 12th E. C. Wilcox
13th Charles Chambers 14th Raymond L. Perry 15th Percy Clark
Trustees:
John J. O'Doherty Lyle Cass Lorne MacRostie
1962
4th Raymond Fogarty 5th Robert Fitzgerald 6th Eric Simmons
7th Jack Waller 8th Robert Tighe 9th S. P. Stevens
10th H. C. Harmelink 11th Jack Bostick 12th E. C. Wilcox
Trustees:
John J. O'Doherty Lyle Cass Walter Child
1964
4th Raymond Fogarty 5th Harland Lippolt 6th Eric Simmons
7th Walt Lambert 8th Cornelius Shea 9th Harry E. Williams
10th H. C. Harm elink, 11th Jack Bostick 12th E. C. Wilcox
13th Bernard Bonser 14th Raymond L. Perry 15th Percy Clark
Trustees:
John J. O'Doherty Lyle Cass Lloyd H. Bell
75
1966
4th Raymond Fogarty 5th Harland Lippolt 6th Gordon R. Anderson
7th Walt Lambert 8th Ralph W. Burden 9th Harry E. Williams
10th H. C. Harmelink 11th JackBostick 12th E. C. Wilcox
Trustees:
John J. O'Doherty Lyle Cass Lloyd H. Bell
1968
1st James King 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
4th Raymond Hemmert 5th Harland Lippolt 6th Gordon R. Anderson
7th Walt Lambert 8th Daniel T. Delegato 9th Harry E. Williams
10th H. C. Harmelink 11th JackBostick 12th Charles A. Hall
13th Bernard Bonser 14th Raymond Oliver 15th Percy Clark
16th Nicholas F. Herbst
Trustees:
Robert Welch Lyle Cass John Melnick
1970
1st FrankA. Palumbo 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
4th Raymond Hemmert 5th Ed Durkin 6th Gordon R. Anderson
7th Walt Lambert 8th Daniel T. Delegato 9th L. Keith Henning
10th Vincent Riddle 11th JackBostick- 12th Charles A. Hall
13th Bernard Bonser 14th Raymond L Perry 15th Andre Plante
_16th Nicholas F. Herbst
Trustees:
James P. Neelon Lyle Cass John Melnick
1972
1st PatrickManagan Jr. 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
7th James Martinez 8th Thomas L. Dale 9th Ron Usher.
10th Vincent Riddle 11th JackBostick 12th Charles A. Hall
13th William Goldson 14th J. E. Brown 15th Andre Plante
Trustees:
1974
1st PatrickManagan Jr. 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
4th Raymond Hemmert 5th Ed Durkin 6th Gordon R Anderson
7th James Martinez 8th Thomas L. Dale 9th Ron Usher
10th Vincent Riddle 11th JackBostick 12th Charles A. Hall
13th William Go ldson 14th L. F. Peters 15th Andre Plante
16th Lauren A Weigel
Trustees:
76
1976
1st Thomas P: Flynn 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
4th Raymond Hemmen 5th Ed Durkin 6th Gordon R. Anderson
7th James Martinez 8th John A. Gannon 9th Ron Usher
10th Vincent Riddle 11th Jack Bostick 12th Charles A. Hall
13th William Goldson 14th L. F. Peters 15th Alvin G. Blakely
16th Lawrence Weigel
Trustees:
James P. NeeIon Lyle Cass John Melnick
1978
1st Richard J. Vizzini 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
4th Raymond Hemmert 5th Charles R. Merkle 6th William J. Copeland
7th James Martinez 8th John A. Gannon 9th Michael D. McNeill
10th John K. Stephens 11th Jack Bostick 12th Charles A. Hall
13th William Goldson 14th Clarence J. Perez 15th Alvin G. Blakely
16th Wayne Johnson
Trustees:
James P. NeeIon George Bottom William A. Laird
1980
1st Thomas F. Reilly 2nd Joe McMahon 3rd T. Dustin Alward
4th Raymond Hemmen 5th Charles R. Merkle 6th William J. Copeland
7th James L. Hill 8th Earle DeGuise 9th Ron Usher
10th John K. Stephens 11th Jack Bostick 12th John S. Glenn
13th Elliott Hastings 14th Clarence J. Perez 15th Alvin G. Blakely
16th Wayne Johnson
Trustees:
John J. Jennings George Bottom William A. Laird
1982
1st Donald Faughnan 2nd Joe McMahon 3rd T. Dustin Alward
4th Raymond Hemmert 5th Leroy H. Waite 6th William J. Copeland
10th John K. Stephens 11th Ernest "Buddy" Mass 12th John S. Glenn
13th Elliott Hastings 14th Kuhron Huddleston 15th Alvin G. Blakely
16th Wayne Johnson
Trustees:
1984
1st JamesMcGowan -J. 2nd Robert -E.-Palmer 3rd A._Michael_Mullane
4th Russell P. Cerami 5th Leroy H. Waite 6th William J. Copeland
7th James L. Hill 8th Earle DeGuise 9th Michael D. McNeill
10th John K. Stephens 11th Ernest "Buddy" Mass 12th Dominick F. Barbera
13th Elliott Hastings 14th Clarence J. Perez 15th James A. Fennell
16th David W. Canfield
Trustees:
William McGrane Joseph Driscoll William A. Laird
77
1986
2nd
5th
8th
11th
14th
Robert E. Palmer
William L. Jordan
Earle DeGuise
Ernest "Buddy" Mass
Clarence J. Perez
3rd
6th
9th
12th
15th
A. Michael Mullane
Terry A. Ritchie
Michael D. McNeill
Dominick F. Barbera
James A. Fennell
1st James J. McGowan
4th Russell P. Cerami
7th. James L Hill
10th John K. Stephens
13th Elliott Hastings
Trustees:
1988
1st Dominick Di Paulo 2nd Robert E. Palmer 3rd A. Michael Mullane
4th Russell P. Cerami 5th William L. Jordan 6th Terry A. Ritchie
7th James L. Hill 8th Gerald 0. Holland 9th Michael D. McNeill
13th Elliott Hastings 14th Kuhron Huddleston 15th James A. Fennell
Trustees:
1990
1st Dominick DiPaulo 2nd Robert E. Palmer 3rd A. Michael Mullane
4th Russell P. Cerami 5th Charles L. Buss 6th Terry A. Ritchie
16th Michael J. Crouse
Trustees:
William McGrane Robert Greenwood William A. Laird
1992
1st Dominick Di Paulo 2nd Robert E. Palmer 3rd A. Michael Mullane
Trustees;
William McGrane Robert Greenwood Dennis Lloyd
1994
1st Dominick-DiPaulo 2nd Robert E -Palmer 3rd A. -Michael--Mullane
7th James L. Hill 8th Gerald O. Holland 9th Michael D. McNeill
10th James T. Ferguson 11th Ernest "Buddy" Mass 12th Dominick F. Barbera
13th Elliott Hastings 14th Kuhron Huddleston 15th James_A. Fennell
Trustees:
78
1996
1st DominickDiPaulo 2nd Robert E. Palmer. 3rd A. Michael Mullane
4th William V. Taylor 5th: Charles L. Buss 6th Terry A. Ritchie
10th James T. Ferguson 11th Ernest "Buddy" Mass 12th DominickF. Barbera
13th Elliott Hastings 14th Danny Todd 15th James A. Fennell
Trustees:
Neal Santangelo Robert Greenwood Dennis Lloyd
1998
1st DominickDi Paulo 2nd Robert E. Palmer - 3rd A. Michael Mullane
4th William V. Taylor 5th Charles L. Buss 6th Terry A. Ritchie
7th Paul Harvey 8th Gerald 0. Holland 9th Michael D. McNeill
13th Bruce Carpenter 14th Danny Todd 15th James A. Fennell
Trustees:
2000
1st Kevin Gallagher 2nd Louie A. Wright 3rd A. Michael Mullane
4th William V. Taylor 5th Joseph M. Conway Jr. 6th Terry A. Ritchie
7th Paul Harvey 8th Thomas Miller. . 9th Michael D. McNeill
13th Bruce Carpenter
,
14th Danny Todd 15th James A. Fennell
Trustees:
MarkOuellette Robert Greenwood Dennis Lloyd
2002
7th Paul Harvey 8th Thomas Miller 9th Michael D. McNeill
16th NickDavila
Trustees:
MarkOuellette Robert Greenwood Keith Hamilton
2004*
1st - Kevin Gallagher 2nd Louie A._VVright 3rd A Michael_Mullane
4th William V. Taylor 5th Joseph M. Conway Jr. 6th Lorne West _
7th Ricky J. VValsh 8th Thomas Miller 9th Michael D. McNeill
10th James T. Ferguson 11th Roy ndy". Mcchee ."Sa 12th DominickF. Barbera
16th James B. Johnson
Trustees:
MarkOuellette Robert Greenwood Keith Hamilton
79
2008*
1st Kevin Gallagher 2nd Mark Wool bright 3rd A. Michael Mullane
4th William V. Taylor 5th Joseph M. Conway Jr. 6th Lorne West
7th Ricky J. Walsh 8th Thomas Miller-('a8-1.o) 9th Randall Atkinson
Paul Hufnagel (2010)
10th James T. Ferguson 11th Roy "Sandy" McGhee 12th Larry Osborne
Trustees:
Mark Ouellette Tony Mejia A.J. "Alex" Forrest
2012*
1st William Romaka 2nd Mark Wool bright 3rd A. Michael Mullane
4th William V. Taylor 5th Thomas Thornberg 6th Lorne West
7th Ricky J. Walsh 8th Paul Hufnagel 9th Randall Atkinson
10th James T. Ferguson 11th Roy "Sandy" McGhee 12th Larry Osborne
13th Fred LeBlanc 14th Danny Todd 15th David Burry
Trustees:
Mark Ouellette Tony Mejia A.J. "Alex" Forrest
*Elections held every 4 years.
FIREPAC History
Year Resolution No. Amount Total-
1986 26 .04 .04
1987 26 .04 .08
1990 25 .05 .13
1992 82 .07 .20
1994 64 .10 .30
1996 30 .15 .45
1998 4 .10 .55
2000 3 .10 .65
2001 3 .15 .80
2002 45 .20 1.00
2004 21 .10 1.10
2005 COLA .03 1.13
2006 COLA .04 1.17
2008 COLA .05 1.25
2010 COLA .04 1.29
2010 36 .25 1.54
2012 COLA .11 1.65-
Effective October 1, 2005, and each year thereafter, the per capita allocation to FIREPAC
will be adjusted for inflation consistent with any COLA resolution passed by the
delegates at future conventions not to exceed 4.5 percent.
80

Document 3

1
NO. 2014-44222

HOUSTON PROFESSIONAL IN THE DISTRICT COURT OF
FIRE FIGHTERS ASSOCIATION
LOCAL 341
V.

OF FIRE FIGHTERS 215TH JUDICIAL DISTRICT

BRYAN SKY-EAGLES PETITION IN INTERVENTION, APPLICATION FOR
TEMPORARY RESTRAINING ORDER AND TEMPORARY AND
PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURES

TO THE HONORABLE JUDGE OF SAID COURT:
Comes now Bryan Sky-Eagle, Intervenor herein, and files this Petition in Intervention
(the Intervention) complaining of and against the International Association of Firefighters
Foundation (collectively, Defendants in Intervention), and for such causes of action and
requests for relief respectfully state to the Court the following:
DISCOVERY CONTROL PLAN: REQUEST FOR DISCLOSURE
194.2.


2
PARTIES

1. Bryan Sky-Eagle is an individual residing in Houston, Harris County, Texas.
2. International Association of Firefighters Foundation is a foreign non-profit
corporation and may be served with process by and through its registered agent for service, CT
Corporation System, 350 North St. Paul Street, Suite 2900, Dallas, Texas 75201-4234.
1. Houston Professional Firefighters Association Local 341 (HPFFA) is the local
fire fighters union with its principal office in Harris County, Texas and may be served with
process by and through its attorney of record, Roy Camberg, 17225 El Camino Real, Suite 444,
Houston, Texas 77058.
JURISDICTION AND VENUE
2. This Court has jurisdiction over this proceeding given that the amount in controversy
exceeds the minimum jurisdictional limits of this Court.
3. Venue is proper in Harris County because the Defendant resides in Harris, County
Texas and the litigation involves claims arising from a contract to be substantially performed in
Houston, Harris County, Texas.
FUTILITY OF ADMINISTRATIVE ACTION
4. Based upon expressed statement of the IAFF through its District Vice President,
Sandy McGhee, that he makes no promises when referring to the fairness of the trial board he
is appointed create; the common knowledge the trial board process has already been proven to be
corrupted in previous trials; the fact that some IAFF officers feel that its too late for Sky-Eagle;
and the IAFFs active participation in improper conduct in violation of its own bylaws as outline

3
in detail below, Sky-Eagle compliance with any administrative action as a precondition to filing
a lawsuit would be futile.
FACTUAL BACKGROUND
5. The Houston Professional Fire Fighter's Association, IAFF Local 341 ("HPFFA"),
is a 501(c)4 non-profit corporation established under the laws of Texas and has its own
Constitution and By-laws ("CBLs"). See Exhibit 1 for a copy of the HPFFA's 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 a copy of the IAFF CBLs.
HPFFA is an affiliate of the IAFF and the dues paid by a member to the HPFFA are inclusive of
the dues required by the IAFF.
6. Jimmy Campbell, Johnny Villarreal, Curtis Williams, Alvin White, Scott Wilkey,
Manual Chavez and Mark Ritchie are individual members of the Board of Directors
(collectively, "The Band of Seven"). The actions taken by The Band of Seven are not the
authorized action of HPFFA's Board of Directors, but are their own individual choices and
actions.
7. Bryan Sky-Eagle ("Sky-Eagle") was not a member of HPFFA/IAFF from about
2003 to 2010. He rejoined HPFFA/IAFF in 2010 and was elected President of HPFFA in
October 2013. Among other things, Sky-Eagle campaigned for more transparency from HPFFA,
removing the entrenched general counsel, hiring a professional contract negotiator, and holding
the Board of Directors accountable to the membership. The Band of Seven was never supporters
of Sky-Eagle because of his previous non-union status and certain members of The Band of

4
Seven were die-hard supporters of the out-going president. Nine months in office this has not
changed.
8. After taking office in October 2013, HPFFA, through its president, Sky-Eagle,
terminated the services of the general counsel, Rick Mumey, and hired attorney Roy Camberg.
Some members of The Band of Seven disagreed with the action. The proper recourse of The
Band of Seven who disagreed with this decision would have been through the IAFF in
accordance with the IAFF bylaws. However, The Band of Seven instead challenged Sky-Eagle's
authority in two different state district courts. Both judges ruled that as president, Sky-Eagle
could substitute attorneys in pending court cases, and thereby, agreed that Sky-Eagle has the
express authority to hire and fire attorneys. In what is now an apparent concerted action to
thwart the ability of HPFFA to conduct business, The Band of Seven subsequently filed charges
with the IAFF for misconduct stating the union president did not have the authority despite the
previous court victories. The IAFF's bylaws allow the charges to be vacated if they are frivolous
or retaliatory. Despite the fact that clearly The Band of Seven filed the charges in retaliation for
losing the court decision, the IAFF still allowed the charges to proceed. This action by the IAFF
stands as 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 IAFF's concerted
activity to thwart the business of HPFFA, interfere with its contractual relationships and,
moreover, discriminate against HPFFA and its president, Sky-Eagle.
9. The illegal and improper conduct continued. Following the Court rulings
referenced above, HPFFA notified its members of the Court action. The Band of Seven, with
active assistance of the IAFF, then filed charges against Sky-Eagle alleging Sky-Eagle falsely

5
included Director Mark Ritchie's (Ritchie) name in the email when he did not appear before
the Court. As clearly indicated on The Band of Seven' own pleadings, Ritchie is specifically
named and represented, and therefore did in fact make an appearance before the Court. See
Exhibit 3 for a copy of The Band of Seven' pleading. Amazingly, the IAFF did not find this
charge frivolous and allowed the charges to proceed against Sky-Eagle. HPFFA now realizes this
action too was part of IAFF's concerted activity to thwart the business of HPFFA and to
discriminate against HPFFA and Sky-Eagle. HPFFA, through Sky-Eagle, had already
questioned the value of its association with IAFF and the enormous fees charged. Likewise, Sky-
Eagle and HPFFA had directly criticized IAFF and the regional vice-president for HPFFA for
failing to fulfill its contractual obligations of support to HPFFA during its collective bargaining
efforts. IAFF and its District Vice President, Sandy McGhee ("McGhee"), decided to breach
their contractual and fiduciary obligations to HPFFA and make a "pact" with certain members of
The Band of Seven (who refer to Sky-Eagle as "Scab-Eagle"), still reeling from Sky-Eagle's
election and the ousting of long term union president and IAFF supporter.
10. The pact simply ignores the contracts, the law and the facts, and makes HPFFA
unable to conduct business because of its requirement to defend frivolous charges and makes
Sky-Eagle so targeted and miserable that he would either resign or be ousted in a "kangaroo
court proceeding" controlled by IAFF, allowing The Band of Seven to appoint a successor
president to complete Sky-Eagle's term, which ends October, 2016, and cement HPFFA's
membership in IAFF and hundreds of thousands of dollars in dues, and McGhee secures his own
re-election and his IAFF pension.

6
11. HPFFA, in a proper action of its president, Sky-Eagle, also terminated the
services of public relations consultant, Erin Powers. As then told to Sky-Eagle by HPFFA
Communications Director Scott Wilkey ("Wilkey"), Mr. Powers was the best thing in the union
hall and the only person to be trusted. Sky-Eagle learned that Mr. Powers has worked with Mr.
Mumey's wife in litigation support for approximately 10 years, and has shared offices with Mr.
Mumey for the prior 3 to 4 years. The Band of Seven also filed misconduct charges for firing
Mr. Powers despite: 1) the express authority in the HPFFA bylaws to hire and fire assistance as
needed, and 2) the fact that the ex-president fired the previous financial controller the year
before. Nonetheless, the IAFF again allowed the charges to proceed.
12. After being advised by the HPFFA financial controller, Brooke Clifton
("Clifton"), that HPFFA was in the middle of a financial crisis where the corporation only had
approximate $900.00 in the operations bank account, HPFFA, through Sky-Eagle, promptly
withdrew six contract arbitrations to stop the thousands of dollars in legal fees and help the union
financially survive for as long as they could. During this time, McGhee attended a Board
meeting where he was informed that the union only had $900.00 in its bank account despite the
union's annual revenue of approximately $1.7M; filing or removing contract grievances is
reserved to the President in his official Executive duties; and protecting the corporation from
financial ruin is every officers duty under Texas Law. Despite this fact the President is clearly
working in the best interest of the corporation and membership, the Band of Seven filed
misconduct charges on Sky-Eagle for HPFFA withdrawing arbitrations and again the IAFF
allowed the charges to proceed.

7
13. Given the number of charges that had been filed and the failure of the IAFF to
fulfill its obligation to be a proper gate-keeper, after the union received its payment from the
membership, HPFFA, through Sky-Eagle, hired a professional parliamentarian to help Sky-Eagle
manage the monthly union meetings. HPFFA's president, Sky-Eagle, has the express authority
to hire part-time assistance in the HPFFA bylaws and the specific power to employ
parliamentarians. The Band of Seven filed frivolous charges stating the professional
parliamentarian is making all the "rulings" and refuses to acknowledge that any "rulings" are
made by the Chairman, Sky-Eagle. Again the IAFF allowed the charges to go forward. HPFFA
now realizes that IAFF too did not want order maintained and business to be conducted.
14. During this time, Wilkey, The Band of Seven member charged with preparing
minutes, also began to slant and incorrectly scribe the meeting minutes. Sky-Eagle, as President,
advised Wilkey of the IAFF rules and the HPFFA adopted parliamentarian authority, Robert's
Rules of Order ("RRO"), that govern how the minutes are to be written and requested Wilkey
follow the rules. See Exhibit 4 for a copy of the email exchange on correcting the minutes. In
addition, all publications are subject to final approval by the President as outlined in the bylaws
as well. However, after Wilkey refused to comply with the rules, Sky-Eagle limited his duties to
those outlined in the HPFFA bylaws. Specifically, even though HPFFA Trustee Gabe
Dominguez writes an email confirming his correct count on a motion at a previous meeting,
Wilkey still has yet to acknowledge the correct vote number in the minutes. Wilkey and The
Band of Seven then file charges alleging that limiting social media and website access are
violations of the bylaws; however, no such duties exist under the bylaws. That, however, did not
stop the IAFF from allowing the charges to proceed.

8
15. In a further effort to gain financial stability, HPFFA through Sky-Eagle also
established the Budget Committee to assist HPFFA with financial decisions and placed the
HPFFA financial controller, Clifton, and the financial director, Jimmy Campbell ("Campbell"),
on the committee with himself. But, Campbell and The Band of Seven later filed misconduct
charges with the IAFF for establishing the very budget committee Campbell had been sitting on
for months. This committee was previously approved by the membership as prescribed by the
HPFFA bylaws but, the IAFF still allowed the charges against Sky-Eagle to proceed.
16. Sky-Eagle also requested all outstanding credit cards be returned until the
financial health of HPFFA has improved. In retaliation for collecting the credit cards, The Band
of Seven filed charges against Sky-Eagle for purchasing a computer for his office 2 months prior.
When Sky-Eagle took office, there was no computer in the President's office on which to
conduct the business of HPFFA. Despite the fact that the computer equipment was approved by
the financial director and the expenses were reviewed by all three Trustees at the monthly
meeting and a full discussion has held between The Band of Seven, the Trustees and the
financial director, the IAFF allowed the charges to move forward. The IAFF's desire to stop any
legitimate business of HPFFA was becoming clearer as was its role in the efforts to oust
HPFFA's legitimately elected president, Sky-Eagle. The IAFF and McGhee ignored the
contractual and fiduciary obligations owed to HPFFA and acted illegally and in concert with
certain directors because IAFF only cared about keeping HPFFA's dues flowing.
17. December 2013 begins with Mr. Chavez making the following motion at the
monthly Board of Directors meeting:


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Motion to require the Union President not to conduct any negotiations, deals or private
discussions with any member of the Command Staff or representative of the City of
Houston without at least one (1) named principle officer in attendance. Furthermore, all
matters that result from these negotiations, private discussions, or through any channels
of communicating will first be approved by the Board of Directors.

While Sky-Eagle rules the motion out of order for not being in the best interest of the HPFFA
membership, this clearly set the path for the Band of Sevens continued attacks on Sky-Eagle to
discriminate and deprive him from acting as HPFFA Executive and President. As the following
paragraphs will show, the Band of Seven engaged in a pattern of attempting to strip Sky-Eagle of
any power in his elected position only to be controlled by the Band of Seven. In particular, the
Band of Seven would begin to frivolous file charges against Sky-Eagle for just about any
decision or action he took, along with recruiting other close followers to file charges and appeals
as well. Once the Band of Seven pumped the IAFF with continual appeals and charges, the IAFF
then began to court the Band of Seven, make a pack to remove Sky-Eagle and ultimately breach
its duty in the IAFF bylaws and maintain a neutral position to decide matters impartially and
fairly.

18. Later this same month, HPFFA, through Sky-Eagle, hired E. Michelle Bohreer and
the law firm of Bohreer & Zucker LLP ("Bohreer") as professional negotiators for the upcoming
contract negotiations with the City of Houston ("COH"). The hiring was based on the HPFFA
membership's desire to employ professional negotiators in hopes of a better contract with COH.
From January to June, Bohreer has been involved in the collective bargaining process without
complaint from The Band of Seven, with Bohreer appearing before the Board and the
membership on multiple occasions. Only now that the proposed collective bargaining contract
was defeated does The Band of Seven complain about hiring Bohreer. And in a bold move to

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secure power, The Band of Seven also now seek to suspend Sky-Eagle for employing Bohreer 7
months before. In the previous court battles, The Band of Seven did not complain to the courts
that Sky-Eagle hired Bohreer when he terminated the Mumey law firm, nor did they file charges
for hiring the Bohreer law firm without The Band of Sevens approval. Judge Kerrigan
specifically raised this fact in a court proceeding, which went unanswered by the Band of Seven,
and was apparently used in the Judges decision favoring Sky-Eagle. Today, in a request to the
IAFF President sent on July 9, 2014 and received by Sky-Eagle on July 14, 2014, The Band of
Seven seeks the IAFF to suspend Sky-Eagle for the cost of the Bohreer services without
acknowledging The Band of Seven and HPFFA has received the benefits of those costs for the
past 7 months.
19. Mr. Williams was removed as Chairman from the Wages and Benefits Committee
for refusing to update the union employee job descriptions to reflect the correct work the
employees were doing along with the corresponding wage adjustments. Sky-Eagle requested
this task to prepare for negotiations with the HPFFA employee's union and correct an ongoing
problem with proper work and pay. More on this removal and how it relates to misconduct
charges will be explained below.
20. January 2014 began with Mr. Wilkey resigning from all other HPFFA committees
due to the ongoing dispute of the accuracy and correctness of the minutes as scribed by Wilkey.
Sky-Eagle advised The Band of Seven that, based on information from other Local Unions, the
IAFF, and HPFFA attorney Camberg, the proper procedure to approve minutes is for Directors
(which includes the Band of Seven) and the President (Sky-Eagle) to review them at the next
month's meeting. Later, in the monthly meeting, Sky-Eagle expressed to the entire The Band of

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Seven that HPFFA should model the IAFF in posting and approval procedures for minutes, and
advises Wilkey that he should be following the rules and scribe what is "done" during the
meeting and not what was "said." These slanted minutes will be explained in later paragraphs in
connection to the ongoing frivolous charges The Band of Seven continues to file, and the IAFF
continues to allow.
21. Trustee John Franco ("Franco") resigned as Trustee and filed a bylaw change that
attempts to strip Sky-Eagle of all his authority to hire help and sign contracts. As stated in the
HPFFA bylaws, Sky-Eagle as President is the "Executive" and is vested with the legal power to
sign contracts, including employment contracts. The Bylaw Committee is a 3 member committee
consisting of Sky-Eagle, Director Valdez, and Mr. Koochack. The Committee unanimously
voted that Franco's proposed bylaw change was in conflict with HPFFA bylaws, IAFF bylaws
and state law. Nonetheless, The Band of Seven filed misconduct charges against Sky-Eagle for
the Committee's unanimous decision and the IAFF allowed the charges to proceed. Franco
subsequently filed an appeal with the IAFF which ruled in the Committees favor, but the IAFF
still maintains the charges against Sky-Eagle for the same claim of misconduct. This action by
The Band of Seven is clearly in retaliation for The Band of Seven disagreeing with the bylaw
committee, but yet the IAFF maintains the misconduct charges against Sky-Eagle to this day.
22. This same month, a proposed bylaw change was submitted to the HPFFA general
membership for a vote. The 89 votes were counted by Trustee Dominguez and resulted in 30
votes against and 59 votes for the bylaw change. Referring to Exhibit 5, Sky-Eagle accepted
Director William's math calculation and Ex-Trustee Franco's math round-up. Amazingly, Mr.
Williams and The Band of Seven again filed charges of misconduct and falsely stated the count

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was 90 total votes, which would cause the motion to fail. Also, on Exhibit 5, Communications
Mr. Wilkey has still refused to correct the meeting minutes showing the true and correct vote
count as 30 to 59 despite the email from Trustee Dominguez confirming the correct vote. With
the confirmation email from the Trustee, the IAFF again still allows the misconduct charges to
proceed.
23. Mr. White was previously removed from the grievance committee, but steady
complaints of Mr. White acting on behalf of HPFFA in representing members were given to
Steve Valdez, the new grievance committee Chairman. Sky-Eagle sent an email blast to the
membership and the Fire Department advising them that Mr. White did not represent HPFFA in
any grievance capacity. More on how this relates to The Band of Seven charges will be
explained below. Likewise, after Sky-Eagle received many other complaints on Mr. White, Sky-
Eagle removed White from the public relations committee.
24. Finally, reaching a breaking point with the drunk members at February's general
membership meeting, Sky-Eagle elected to hire two sergeant-at-arms to control the meetings.
Sky-Eagle's powers to control the meeting are limited to adjourning the meeting for unruliness,
but by hiring sergeant-at-arms (like the IAFF does), the guards can eject drunk and disorderly
members from the meeting. The HPFFA bylaws do not speak directly to this issue, but do
expressly allow the President to hire help and assistance as needed, and exactly what Sky-Eagle
used as his authority to offer safety to the other participating members. But instead of helping
Sky-Eagle with the meeting, The Band of Seven filed more misconduct charges for appointing
two sergeant-at-arms without The Band of Seven approval, something that is not required under

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any rule. And again the IAFF ignores its own practice of employing sergeant-at-arms and allows
the charges to advance.
25. Additionally and on this same topic of safety and order in the union meetings, Mr.
Wilkey, who acts as recording secretary, scribed in the February 2014 general membership
meeting that Sky-Eagle "walked out of the meeting" after citing unruly behavior. The fact is
Sky-Eagle "adjourned" the meeting in accordance with the IAFF Manual of Common Procedure,
as well as HPFAA's adopted rules of order. This is another example of how the minutes, as
written by Wilkey, are factually incorrect yet he refuses to amend them, and The Band of Seven
will not approve any changes to Wilkey's minutes despite a clear inaccuracy.
26. Also, this evidences a concerted effort to write the minutes as The Band of Seven
sees fit only to use it against Sky-Eagle in subsequent misconduct charges. This is the same
method employed by The Band of Seven when they challenged Sky-Eagle in court for removing
Mumey from the pending cases. This is also the reason the minutes are not offered to The Band
of Seven unless and until all The Band of Sevens, including Sky-Eagle, have the opportunity to
correct the minutes with the understanding that The Band of Seven will approve the correction.
This brings the union business to halt. Given IAFF's breach of contract, breach of fiduciary duty
and conspiracy to act in a manner to thwart the business of HPFFA, HPFFA justifiably has no
confidence in the IAFF and no confidence that it will follow its own rules and require Wilkey to
follow the IAFF standing rules and document minutes as instructed by the IAFF.
27. February ended with Sky-Eagle giving 3 days notice for a special election
regarding a settlement agreement between HPFFA and COH. The IAFF allows any charges to
be vacated if the error is "de minimis," and 2 members filed misconduct charges for the lack of a

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7 day notice. Not wanting to miss the chance, The Band of Seven seized the opportunity again to
file misconduct charges on the same matter. Although about 200 union members attended the
meeting (a regular attendance is about 20 members), and subsequently over 2,400 out of 3,600
union members voted (an all-time high of member participation that resulted in 1,600 FOR votes
and 800 NO votes) the IAFF considers that these 9 votes from the 2 members and The Band of
Seven members would somehow change the voting results (1,600:800). Ironically, the two
members and I believe all or most of The Band of Seven members attended the meeting and
presumably voted on the matter, yet the IAFF still maintains charges of misconduct despite the
"de minimis" quality of their charges. See Exhibit 6 for a copy of Sky-Eagle's summary and
explanation of the event.
28. In March 2014, The Band of Seven filed all their charges including the charge of
misconduct for removing Directors Williams and White from different committees. The dispute
arises from a difference of opinion of interpretation of the HPFFA bylaws. Regarding the proper
interpretation of the HPFFA bylaw that speaks to appointing Directors as Chairman in standing
committees (with an accompanying wage of $25.00 per hour), it states the Directors shall serve
as Chairman as designated by the President. Based on previous behavior and complaints of
certain Directors, Sky-Eagle has declined to designate any of these Directors for obvious
reasons. While The Band of Seven insists the bylaws mandate that the President appoint
Directors as Chairman to receive the prestige and pay, Sky-Eagle raised a different interpretation
using the IAFF's own bylaws as a guide. Here, the IAFF's bylaws specifically states that the
IAFF President shall appoint IAFF Directors as IAFF Chairman of committees. The HPFFA
bylaws do not state this duty for the HPFFA President, and therefore it raises the ambiguity as to

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the double meaning of the HPFFA bylaw: Does it mean the Directors shall serve as chairman
and the President is mandated to appoint them; or, does it mean that if the President appoints
them they shall serve as Chairman? Luckily the recourse for The Band of Seven on matters of
bylaw interpretation is clearly defined in the IAFF bylaws; to wit, the Directors must file an
appeal with the IAFF President for a ruling. However, The Band of Seven decided to not pursue
this recourse and instead filed misconduct charges against Sky-Eagle for his interpretation.
Again, the IAFF has ignored its own rules and allowed the charges to proceed. Moreover, in a
recent conversation between Sky-Eagle with McGhee, McGhee now states there is no ambiguity
in the HPFFA bylaws and attempts to act as the IAFF President in rendering an interpretation for
these bylaws. This is highly improper and HPFFA refuses to recognize McGhee as the proper
person to issue an interpretation especially when the IAFF bylaws are crystal clear on who
makes that decision. Nevertheless, the IAFF charges proceed as if there were no rules to follow.
29. April's Directors meeting was cancelled due to conflicting schedules of the
Chairman and Vice-Chairman. See Exhibit 7 for a copy of the email cancelling the meeting.
Having no authority to call a meeting, The Band of Seven called one anyway but failed to elect a
chairman for the meeting, thus rendering the meeting illegitimate under HPFFA's
parliamentarian authority RRO. Based on the purported minutes by The Band of Seven, they
sought and received approval from McGhee to make the meeting legitimate. See Exhibit 8 for a
copy of the purported minutes. At this meeting, The Band of Seven took the opportunity while
Sky-Eagle is down the street at a collective bargaining meeting, and Vice-Chairman Valdez was
in Boston attending a line of duty death funeral, to approve the past month's meeting minutes
which remained in dispute for correctness, accuracy and compliance with the IAFF rules.

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30. At the illegal meeting, The Band of Seven passed two unauthorized purported
motions to give political campaign contributions, along with a $2,500 donation to the Stars and
Stripes Charity Golf Tournament. The charitable donation was subsequently reintroduced in next
month's meeting, thereby confirming that The Band of Seven knew the meeting was improper.
The IAFF actively participated in this illegal meeting as stated below.
31. When Sky-Eagle discovered this meeting, he subsequently removed Legislative
Mr. Villarreal pending an investigation into misconduct for the political campaign contributions.
Likewise, Sky-Eagle advised The Band of Seven he will not recognize the purported meeting
and all motions contained therein. The Band of Seven also passed a motion inviting McGhee to
attend next month's Directors meeting knowing very well that McGhee does not visit a local
union without the expressed invitation of the President or the membership. With no Director or
McGhee advising or informing Sky-Eagle of this invitation to McGhee to attend the meeting,
their attempt to "ambush" Sky-Eagle was discovered and spoiled by Sky-Eagle.
32. In Sky-Eagle's investigation into The Band of Seven's secret meeting, he contacts
McGhee to confirm McGhee authorized the meetings, which McGhee denies and states its does
not matter what he tells The Band of Seven because HPFFA is autonomous. In that conversation,
Sky-Eagle then advised McGhee that he can visit with The Band of Seven but does not see the
need to visit with him. McGhee's personal motives and inability to maintain a neutral position
between The Band of Seven and Sky-Eagle becomes more apparent.
33. In June The Band of Seven motions to attend the IAFF Convention in Cincinnati
Ohio, which is denied by Sky-Eagle for bylaw conflict and the ongoing financial concerns. The
Band of Seven appealed the denial to the IAFF and the next month, the IAFF disregarded Sky-

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Eagle's detailed explanation of the lack of funds, something IAFF McGhee is familiar with, and
proceeded to "order" to The Band of Seven, and Sky-Eagle, to attend the IAFF Convention and
cover all reasonable expenses. The IAFF President clearly oversteps his authority in ordering a
Texas Corporation to expend funds they do not have and attend a convention sponsored by the
IAFF and its President. See Exhibit 9 for a copy of the order. This is now another event where
the IAFF loses its neutrality in resolving disputes with HPFFA officers when it orders an
autonomous Texas Corporation to spend the local union's membership's money that only directly
benefits the IAFF regardless if the corporation has the funds or not.
34. After the Band of Seven returned from the IAFF Convention that Sky-Eagle, as
HPFFA's President, was illegally ordered to send them on and have HPFFA pay all reasonable
cost, Sky-Eagle was informed that the Band of Seven's real purpose was to vote "for" a motion at
the convention that would give IAFF Vice Presidents a pay raise. McGhee is a IAFF VP and
directly benefits from a favorable vote that gives a pay raise to himself. The IAFF pay raise is
funded through a dues increase at the local union level, such as through HPFFA. Therefore,
HPFFA will now have to raise dues to fund McGhee's pay raise. Sky-Eagle also learned that the
vote narrowly passed where HPFFA's vote may have played a deciding factor in McGhee's pay
raise.
35. Having learned that McGhee and the Band of Seven partnered to secure McGhee's
pay raise, McGhee further revealed his self-dealing and now is indebted to the Band of Seven for
pay back. Combining the non-neutral role McGhee has consistently displayed over the past
months, with the direct pay raise the Band of Seven has bestowed unto him, McGhee and the
IAFF stand to gain more money from HPFFA with only Sky-Eagle standing in the way. Now

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since the vote is in, any chance of the IAFF following its rules, or McGhee justly and without
prejudice orchestrating a fair trial board, Sky-Eagle has no chance to survive the corrupted
process.
36. This "order" is also in direct conflict with the IAFF Bylaw, Article XIII, Section 8,
Rights of Members, where it prohibits conduct that would interfere with the local union's
performance of their legal right to fulfill existing contractual obligations. In a response to the
IAFF's order, Sky-Eagle sends an email to the membership advising them of the IAFF's order
and directs Campbell to figure out a way to pay for the expenses. Complying with this order
causes Campbell to withhold paychecks to HPFFA union workers, professionals such as the
general counsel, PR Consultant, Bohreer and other contractual obligations. Cleary this order
engaged in conduct that interfered with Sky-Eagle's duty to ensure HPFFA honors its pre-
existing contracts over an unnecessary expense such as the IAFF convention. But this is not the
only example of the IAFF engaging is self-dealing at the expense of HPFFA and its President
Sky-Eagle.
37. Thereafter, Sky-Eagle speaks with McGhee about the email explaining HPFFA's
current financial hardship and the IAFF order that further burdens the union. In that
conversation, HPFFA was advised that McGhee has already selected the City of Beaumont for
the selection of the trial board members. This selection violates IAFF Bylaws, Article XVII,
Section 1(A) as McGhee can only select a neighboring union in the event that "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." There is immense doubt
that all the members (approximately 3,400) of HPFFA are involved in the conduct giving rise to

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the trial board to cause McGhee to select Beaumont. Along with that, it is common knowledge
that Beaumont and Houston firefighters know each other and have close ties. This is not so with
other cities in Texas.
38. After disregarding this bylaw, IAFF and McGhee further explained that he now
believed the trial board will remove Sky-Eagle from office based on Sky-Eagle, as president of
HPFFA, sending a detailed financial email to HFPPA's members as mentioned above. Aside
from the fact that HFPPA, through its President, surly is entitled to inform its own membership
of the current financial hardships, along with the IAFF's heavy financial burden now imposed by
the IAFF President, McGhee now revealed that he knows how the trial board will rule as
compared to pre-email and post-email by Sky-Eagle. McGhee stated that before the email was
sent, they would not remove Sky-Eagle, but now, after the email he would "make no promises."
IAFF and McGee have 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.
39. Moreover, after Sky-Eagle researched how this process has been done with other
IAFF members, he is told that based on these circumstances and the history of McGhee, the fix
is in. As will be exampled in the below paragraphs, setting up frivolous charges and kangaroo
courts has been practiced before by the IAFF.
40. The illegality of the IAFF's action are further illuminated by McGhee's admission
that he will personally speak to each member of the possible trial board. Along with the
Beaumont roster, McGhee informed Sky-Eagle that after each side strikes 2 members on the list,

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he would reach out to the remaining members to ask them if they wanted to serve on the trial
board. This gives McGhee unrestricted and unfettered access to the 3 members that will be
deciding Sky-Eagle's position. It is also common knowledge that this process has been proven to
be corrupt and should not be continually used. For example, there is at least one other Texas
union president that went through this trial board process and he had to rely on the trial board
members to reveal and disclose all relationships with his accuser. In that case, integrity of the
process was not maintained and the trial board members did not disclose his connections with the
accuser, rather the president on trial had to discover the secrets through previous IAFF meeting
minutes, convention rosters and a lot of luck. The minutes are not posted as they were and Sky-
Eagle does not have any of the same access or luck to discover improper connections.
41. Turning to HPFFAs financial director and co-signer on all corporate checks, Jimmy
Campbell, over the past two months Campbell has unilaterally decided to breach several
contracts because of his dissatisfaction with Sky-Eagle. Specifically, Campbell has refused to
pay on the existing contracts for the following:
a. Roy Camberg, HPFFA General Counsel since November 2013;
b. Reyne Hirsch, HPFFA Media Consultant since January 2014;
c. Several HPPFA standing committee members who work in accordance with
HPFFAs bylaws.
Due to Mr. Campbells decision to take hostage HPPFAs finances, Sky-Eagle has been
unable to carry out his duties as President of HPFFA. Based on information and belief, the
financial director is acting under the guidance, encouragement and direction of the IAFF to

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further paralyze Sky-Eagles ability to fulfil his duties as President and enhance the perception
that Sky-Eagle is not taking action desired by the membership.

42. With The Band of Seven's latest request to suspend HPFFA's president and IAFF's
Sky-Eagle fears immediate imminent harm will occur if a TRO and subsequent temporary
Eagle.
43. 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 the Band of
Seven petitioned the IAFF to summarily suspend Sky-Eagle for frivolous causes, and the fact
that a pack has already been formed between the IAFF and the Band of Seven, any suspension
summarily made by the IAFF would be prejudicial to Sky-Eagle by allowing the Band of Seven
and the IAFF to remove Sky-Eagles ability to serve as the duly elected President by the HPFFA
membership, and performing all the duties the membership requires.


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CAUSES OF ACTION
FIRST CAUSE OF ACTION: BREACH OF CONTRACT
44. The foregoing paragraphs are incorporated herein by reference.
45. Through the above described conduct, Defendants in Intervention breached its
contract with Sky-Eagle, thereby proximately causing damage to Sky-Eagle within the
jurisdictional limits of this Court for which Paramount requests recovery. Sky-Eagle seeks
reasonable and necessary attorneys fees pursuant to Section 38.001 of the Texas CPRC.
SECOND CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY
47. The IAFF and its officers and directors have a fiduciary duty to each of its members,
including Sky-Eagle, to act in the members best interest not the IAFFs 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 Sky-Eagle by, among other things,
not dismissing frivolous charges, failing to comply with its expressed bylaws and conspiring
with The Band of Seven. The IAFF is breaching its fiduciary duty to protect the Sky-Eagle by
maintaining neutrality and ignoring its role as gatekeeper and, consequently, to protect Sky-
Eagle in his position as President of the HPFFA.
THIRD CAUSE OF ACTION:
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONSHIP

48. The foregoing paragraphs are incorporated by reference.
49. Through their conduct as described above, the IAFF has intentionally and willfully
interfered with the contractual relationships between Sky-Eagle and the members of HPFFA, and

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the HPFFA itself. Such tortious interference is directly impacted the ability of HPFFA to
conduct business and for Sky-Eagle to perform his duties as President of the HPFFA.
FOURTH CAUSE OF ACTION: DISCRIMINATION FOR NON-UNION
STATUS/VIOLATIONS OF THE TEXAS LABOR CODE

51. The IAFF has failed to take action based upon expressed discrimination against Sky-
Eagle related to his previous non-union status. Despite actual knowledge, Sky-Eagle has been
openly referred to as a scab and called scab-eagle. The IAFF has not only refused to take
action but by virtue of its inaction engaged in intentional discrimination against Sky-Eagle.
Through certain members of The Band of Sevens conduct as described above, by referring to
Sky-Eagle as Scab-Eagle, blatantly discriminated against Sky-Eagle on his past non-union
status, which continues to today. By the IAFF Vice President McGhee making a pact with The
Band of Seven, the IAFF is engaging and condoning this blatant discrimination.
FOURTH CAUSE OF ACTION: CONSPIRACY

53. The Band of Seven 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
the Band of Seven. The IAFF engaged in conduct as outlined above with The Band of Seven,
the object of which was to accomplish an unlawful purpose or a lawful purpose by unlawful
means. The IAFF and The Band of Seven 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 Sky-Eagle in an amount within the
jurisdictional limits of this Court for which Sky-Eagle requests recovery.

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The Defendants in Intervention, unless restrained from engaging in the conduct described
above, will continue to engage in such conduct, thereby causing immediate and irreparable harm
to Sky-Eagle. Therefore, Sky-Eagle requests that the Defendants in Intervention be immediately
and temporarily restrained and enjoined from, including restraining the Defendants in
Intervention from suspending HPFFA's president Sky-Eagle until such time as a trial on the
merits may proceed.
WHEREFORE, Bryan Sky-Eagle, Intervenor, prays that this Court cite Defendants in
Intervention Houston Professional Firefighters Association Local 341 and International
Association of Firefighters Foundation to appear and answer herein, and upon final trial, award
the following to Intervenor:
For the reasons set forth above, Intervenor requests that the Court:
1. Grant his Application for Temporary Restraining Order;
2. Grant his Application for Temporary Injunction;
4. Award attorneys fees;
5. Award Intervenors costs of Court;
6. Award Intervenor pre-judgment and post-judgment interest at the maximum legal
rate; and
6. Grant Intervenor such other and further relief for which he is justly entitled.

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BRYAN SKY-EAGLE, INTERVENOR, PRO SE
9597 Jones Road, Suite 272
832-640-5095
281-955-9985 (fax)
bryan@skyeaglelaw.com

CERTIFICATE OF SERVICE

I hereby certify that on August 1, 2014 the forgoing document was sent to counsel of
record by the email to the following:

Michelle Bohreer
Two Greenway Plaza, Ste. 600
(713) 526-8100

Roy Camberg
17225 El Camino Real, Ste. 444
(281) 486-6900

Bryan Sky-Eagle
8/1/2014 4:43:31 PM
Chris Daniel - District Clerk
Harris County
Envelope No: 2029382
By: CARRILLO, CARLA E
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51st Convention
Constitution & By-Laws
Philadelphia, Pennslvania
Jul, 2012
InternatIonal assocIatIon
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Officers Oath

I pledge my honor to perform the duties of my office in compliance with the
Constitution and By-Laws of the International Association of Fire Fighters and this local
union.

All properties and records of this union will be turned over to my successor in office at
the close of my official term.

I will dutifully abide by and promote the positions taken by the majority.

I will dedicate my talents and energies to represent the mandates and directives of this
union. I will use my good office to promote unity and harmony all of which I solemnly
promise and swear to keep to the best of my ability.

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C
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of the
International Association of Fire Fighters

Organized February 28, 1918
in the
City of Washington, DC

As amended by the Fifty-First Convention
Philadelphia, PA
July 2012

Affiliated with AFL-CIO, CLC

General President
Thomas H. Miller
General Secretary-Treasurer

International Headquarters
1750 New York Avenue, NW
Washington, DC 20006
http://www.iaff.org
July 2012

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Table of Contents
ARTICLE I ORGANIZATION ....................................................................................................... 1
Section 1. Name ................................................................................................................... 1
Section 2. Constituency ....................................................................................................... 1
Section 3. Headquarters ...................................................................................................... 2
Section 4. Government ........................................................................................................ 2
Section 5. Fiscal Year............................................................................................................ 2
ARTICLE II JURISDICTION ......................................................................................................... 2
ARTICLE III MEMBERSHIP ........................................................................................................ 3
Section 1. Active .................................................................................................................. 3
Section 2. Retiree ................................................................................................................. 3
Section 3. Honorary ............................................................................................................. 3
Section 4. Maintenance of Good Standing ........................................................................... 3
Section 5. Retention of Membership upon Separation from Service ................................... 4
ARTICLE IV INTERNATIONAL CONVENTIONS ........................................................................... 4
Section 1. Time and Place .................................................................................................... 4
Section 2. Representation and Delegate Voting of Local Unions ......................................... 5
Section 3. Representation of State and Provincial Associations and Joint Councils ............. 6
Section 4. Qualifications and Election of Delegates and Alternates ..................................... 7
Section 5. Delegate Credentials ........................................................................................... 7
Section 6. Committees ......................................................................................................... 8
Section 7. Compensation of Executive Board and Board of Trustees ................................ 10
Section 8. Order of Business .............................................................................................. 10
Section 9. Quorum and Legal Majority .............................................................................. 10
Section 10. Convention Guests .......................................................................................... 11
Section 11. Rules of Order ................................................................................................. 11
Section 12. Emergency Conventions .................................................................................. 11
ARTICLE V INTERNATIONAL OFFICERS AND ELECTIONS ........................................................ 11
Section 1. Number and Titles ............................................................................................. 11
Section 2. Eligibility for Office ............................................................................................ 11
Section 3. Method of Nomination and Election ................................................................. 12
Section 4. Installation and Term of Office .......................................................................... 14
Section 5. Vacancies .......................................................................................................... 15
Section 6. Salaries, Allowances and Expenses..................................................................... 16
Section 7. President Emeritus ............................................................................................ 16
Section 8. Secretary-Treasurer Emeritus............................................................................ 16
Section 9. Vice President Emeritus .................................................................................... 17
Section 10. Trustee Emeritus ............................................................................................. 18
Section 11. Dual Status of Emeriti Delegates at IAFF Convention ...................................... 18
ARTICLE VI AUTHORITY AND DUTIES OF INTERNATIONAL OFFICERS .................................... 18
Section 1. General President.............................................................................................. 18
Section 2. General Secretary-Treasurer ............................................................................. 20
Section 3. Vice Presidents .................................................................................................. 23
Section 4. Executive Board ................................................................................................. 24
Section 5. Board of Trustees .............................................................................................. 25
Section 6. Bonding of International Officers and Employees Handling Funds or Property 26
Section 7. Officers Reports to Convention ........................................................................ 26
Section 8. Excusable Absence ............................................................................................ 26
Section 9. Authorization to Represent the IAFF ................................................................. 26
ARTICLE VII OFFICERS RETIREMENT BENEFITS...................................................................... 27
Section 1. Principal Officers Benefits ................................................................................ 27
Section 2. Widows/Widowers Benefits ............................................................................ 28
ARTICLE VIII REVENUE AND FUNDS ....................................................................................... 28
Section 1. Sources of Revenue ........................................................................................... 28
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Section 2. Charter Fees ...................................................................................................... 28
Section 3. Initiation Fees .................................................................................................... 28
Section 4. Reinstatement Fees ........................................................................................... 28
Section 5. Per Capita Tax ................................................................................................... 29
Section 6. Special Assessments .......................................................................................... 29
Section 7. Remittance of Revenue ..................................................................................... 30
Section 8. Solicitation of Local Union Funds ...................................................................... 30
Section 9. General Fund ..................................................................................................... 30
Section 10. Emergency Disputes Fund ............................................................................... 30
Section 11. Officers Retirement Trust ............................................................................... 31
Section 12. Employees Pension Trust Fund....................................................................... 32
Section 13. Staff Representatives Pension Trust Fund ...................................................... 32
ARTICLE IX PUBLICATION OF THE INTERNATIONAL FIRE FIGHTER ......................................... 33
ARTICLE X DELEGATES TO AFL-CIO AND CANADIAN LABOUR CONGRESS CONVENTIONS ..... 33
Section 1. Representation to AFL-CIO Conventions ........................................................... 33
Section 2. Representation to Canadian Labour Congress Conventions .............................. 33
ARTICLE XI SUSPENSION OF OFFICERS OF SUBORDINATE UNIONS ....................................... 33
ARTICLE XII DISSOLUTION...................................................................................................... 35
Section 1. Dissolution of Association ................................................................................. 35
Section 2. Voluntary Forfeiture of Charters and Dissolution of Local Unions or Other
Subordinate Bodies.......................................................................................... 35
Section 3. Involuntary Forfeiture and Revocation of Charters of Local Unions and Other
Subordinate Bodies.......................................................................................... 36
ARTICLE XIII LOCAL UNIONS .................................................................................................. 36
Section 1. Proposals for Charters ....................................................................................... 36
Section 2. Payment of Per Capita Tax ................................................................................ 38
Section 3. Government Constitution and By-Laws ............................................................. 38
Section 4. Initiation Fees, Dues and Assessments .............................................................. 39
Section 5. Membership Qualifications ............................................................................... 40
Section 6. Maintenance of Good Standing Membership ................................................... 40
Section 7. Suspension of Delinquent Members ................................................................. 41
Section 8. Membership Meetings and Rights of Members ................................................ 41
Section 9. Audits and Financial Reports ............................................................................. 41
Section 10. Management, Investment, and Disbursement of Union Funds and Property . 41
Section 11. Nominations and Elections of Officers ............................................................ 42
Section 12. Term of Office ................................................................................................. 42
Section 13. Vacancies in Office .......................................................................................... 42
Section 14. Salaries, Allowances and Expenses of Officers ................................................ 43
Section 15. Election of Delegates and Alternates to Association Conventions .................. 43
Section 16. Authority and Duties of Officers ...................................................................... 43
Section 17. Suspension of Officers of Local Unions............................................................ 43
Section 18. Forfeiture and Revocation of Local Union Charters and Dissolution of Local
Unions ............................................................................................................. 43
Section 19. Bonding of Local Union Officers and Employees ............................................. 43
Section 20. Misconduct, Charges, Trials, and Appeals ....................................................... 43
Section 21. Prohibition of Certain Loans and Payments of Fines ....................................... 44
Section 22. Assistance of International on Disputes and Grievances ................................. 44
Section 23. State/Provincial Affiliation .............................................................................. 44
ARTICLE XIV STATE AND PROVINCIAL ASSOCIATIONS AND JOINT COUNCILS ........................ 45
Section 1. Proposals for Charters ....................................................................................... 45
Section 2. Elimination of Per Capita Tax ............................................................................ 45
Section 3. Admission of Individuals to Membership in State or Provincial Associations or
Joint Councils, and Locals in Canadian Territories ........................................... 45
Section 4. Payments of Fees and Per Capita Taxes on Individual Members of State or
Provincial Associations and Joint Councils ....................................................... 46
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Section 5. Government of State or Provincial Associations and Joint Councils-Constitution
and By-Laws ..................................................................................................... 46
Section 6. Delegates and Alternates to Conventions ......................................................... 47
Section 7. Election of Officers of State and Provincial Associations and Joint Councils ..... 47
Section 8. Initiation Fees, Dues and Assessments .............................................................. 48
Section 9. Bonding of Officers and Employees ................................................................... 48
Section 10. Assistance of International on Disputes and Grievances ................................. 48
Section 11. Organization of State and Provincial Associations ........................................... 49
Section 12. Affiliation of Retired Fire Fighters ................................................................... 49
ARTICLE XV MISCONDUCT AND PENALTIES ........................................................................... 49
Section 1. Misconduct and Penalties ................................................................................. 49
Section 2. Rival Organizations ............................................................................................ 51
ARTICLE XVI CHARGES ........................................................................................................... 51
Section 1. Who May Prefer Charges; Statute of Limitations; Multiple Charged Parties ..... 51
Section 2. Form of Charges ................................................................................................ 52
Section 3. Notice of Charges Against Officers or Members of Local Unions, State or
Provincial Associations or Joint Councils ......................................................... 52
Section 4. Notice of Charges Against Association Officers ................................................. 52
Section 5. Pre-Trial Review Boards .................................................................................... 53
ARTICLE XVII TRIALS .............................................................................................................. 54
Section 1. Trials of Officers or Members of Local or Other Subordinate Unions ................ 54
Section 2. Trials Before International Trial Board .............................................................. 55
Section 3. Disqualification for Cause and Procedure for Replacing Trial Board Member
Unable to Serve ............................................................................................... 56
Section 4. Chairperson of Trial Board ................................................................................ 56
Section 5. Absence of Trial Board Member from Session .................................................. 57
Section 6. Rules for the Conduct of the Trial ..................................................................... 57
Section 7. Decision of Trial Board ...................................................................................... 59
Section 8. Disposition of Decision of Local and Other Subordinate Union Trial Boards ..... 59
Section 9. Disposition of International Trial Board Decision .............................................. 59
Section 10. Service of Decisions ......................................................................................... 60
Section 11. Further Proceedings ........................................................................................ 60
ARTICLE XVIII APPEALS .......................................................................................................... 60
Section 1. Matters Appealable ........................................................................................... 60
Section 2. Who May Appeal ............................................................................................... 60
Section 3. Appeals to the General President...................................................................... 60
Section 4. Appeals to the Executive Board......................................................................... 61
Section 5. Appeals to the International Convention .......................................................... 63
Section 6. Compliance Pending Appeals ............................................................................ 64
Section 7. Appeal to Courts of Law or Other Civil Authority .............................................. 64
Section 8. Enforcement of Decisions ................................................................................. 65
ARTICLE XIX WORK JURISDICTION DISPUTE RESOLUTION PROCEDURES .............................. 65
Section 1. Principles ........................................................................................................... 65
Section 2. Established Work Relationship .......................................................................... 65
Section 3. Outside Arbitrator Use ...................................................................................... 65
Section 4. Determination of a Work Jurisdiction ............................................................... 65
Section 5. Deciding the Dispute ......................................................................................... 66
Section 6. Executive Board Review .................................................................................... 66
Section 7. Costs Imposed by the General President .......................................................... 66
ARTICLE XX AMENDMENTS AND CONVENTION RESOLUTIONS ............................................. 67
Section 1. Who May Submit............................................................................................... 67
Section 2. How Proposed and Adopted ............................................................................. 67
Section 3. Amendments by Executive Board Between Conventions .................................. 68
ARTICLE XXI DEFINITIONS ...................................................................................................... 68
Section 1. Approval ............................................................................................................ 68
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Section 2. Day .................................................................................................................... 68
Section 3. Private Sector .................................................................................................... 68
APPENDIX 69
Principal Officers ................................................................................................................. 69
Deceased Emeriti Officers ................................................................................................... 69
Conventions ......................................................................................................................... 70
District Vice Presidents and Trustees .................................................................................. 71
FIREPAC History ................................................................................................................... 80

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PREAMBLE

Strength through united action, guided by intelligence is the hallmark of trade union
organization. Believing such unity essential for the mutual protection and advancement
of the interests and general welfare of fire fighters and emergency medical and rescue
workers throughout the United States and Canada and other nations whose professional
fire fighters and emergency medical and rescue workers share our Internationals goals
and ideals, we have formed this International Association the objects of which shall be
to:

organize all fire fighters and emergency medical and rescue workers;
secure just compensation for their services and equitable settlement
of their grievances;
promote as safe and healthy a working environment for fire fighters
and emergency medical and rescue workers as is possible through
modern technology;
promote the establishment of just and reasonable working
conditions;
place the members of the Association on a higher plane of skill and
efficiency;
promote harmonious relations between fire fighters and emergency
medical and rescue workers and their employers;
encourage the formation of local unions, state and provincial
associations and joint councils;
encourage the formation of sick and death benefit funds; to
promote the research and treatment of burns and other related
health problems common to fire fighters and emergency medical
and rescue workers;
encourage the establishment of schools of instruction for imparting
knowledge of modern and improved methods of fire fighting and
prevention and emergency medical and rescue technology; and
cultivate friendship and fellowship among its members.

To provide laws for the government of this Association, we adopt this constitution and
By-Laws which shall govern the officers, subordinate bodies and members of this
Association in the exercise of their rights and discharge of their duties and obligations in
accordance with the high standard of responsibility and conduct therein set forth.

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CONSTITUTION AND BY-LAWS
ARTICLE I ORGANIZATION
Section 1. Name

This organization shall be known as the INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS.
Section 2. Constituency

The Association shall consist of the International, all local unions, state and provincial
associations, and joint councils officially chartered by the International as set forth in
this Constitution and By-Laws and all members in good standing of such bodies. Joint
councils shall be the state or regional subordinate organizations established by the
Association to represent fire fighters employed by the federal government.

In addition to the foregoing, effective August, 1988, the Canadian Fire Fighters shall
meet every two years in Canada in conference and shall be known as the International
Association of Fire Fighters, Canada, (IAFF/Canada), which is established and recognized
as a subordinate body of the International Association to be governed exclusively by the
IAFF Constitution and By-Laws, with representation and delegate voting of local unions
and provincial associations at the Biennial Canadian (Policy) Conference being based on
the same formula used by the International Convention, and with such Conference to be
governed by the rules adopted at the most recent IAFF Convention; and is authorized to
take the following action: IAFF/Canada may present resolutions to the International
Conventions meeting biennially in alternate years, IAFF/Canada may adopt resolutions,
and IAFF/Canada may exempt Canadian Fire Fighters from policies of the International
Association that are harmful to the Canadian Fire Fighters, and all other Canadian
professional fire fighters associations other than the above that are not part of the IAFF
will not be recognized.

The National IAFF Canadian Office shall be located in the Ottawa, Canada area.

In addition to the foregoing, effective August 9, 1982, an Organization of State and
Provincial Associations may be established and recognized as a subordinate body of the
International Association subject to terms and conditions thereinafter set forth in
Section 11 of Article XIV.

The International and its subordinate affiliates are separate and autonomous bodies. As
such, liability for the conduct of any subordinate organization shall not be imputed to
this International by reason of affiliation between the subordinate organization and the
International.
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Section 3. Headquarters

The International headquarters of this Association shall be located in the Washington,
DC, area. The headquarters of the General President and General Secretary-Treasurer
shall be at the International headquarters of the Association. The headquarters of the
International Vice Presidents and members of the Board of Trustees shall be at the
places designated by the Vice Presidents or Trustees within their respective districts and
regions.

The delegates assembled at International conventions shall be the supreme authority of
this Association and shall constitute its highest legislative, executive and judicial body.
All decisions and actions of the delegates at conventions shall be binding upon all
officers, members and subordinate bodies of this Association. They shall have sole
authority to make, amend, revise or modify the laws for the government of this
Association except as that authority may be delegated at convention to the officers or
Executive Board or except as such laws may be superseded by applicable law.

Between conventions of the International all administrative, executive and judicial
powers of the Association shall be vested in the Executive Board except as otherwise
expressly provided in this Constitution and By-Laws.

It is the obligation and responsibility of every officer, member and all chartered local
unions, state and provincial associations and joint councils to comply with the provisions
of this Constitution and By-Laws and the decisions of the Association officers in
conformity therewith, and they shall refrain from any conduct which interferes with the
performance by the Association or any of its subordinate bodies of their obligations
under law or contract, or any conduct which defeats or subverts the lawfully declared
and established policies and objectives of the Association, or which may defame it or
any of its officers, members or subordinate bodies.

The influence or sympathy of the Association as an organization shall not be enlisted or
used in favor of any religious sect. No member of the Association shall discuss any
religious matters at meetings of the Association or of its subordinate bodies or criticize
the religious beliefs of any other member.
Section 5. Fiscal Year

The fiscal year of this Association shall begin October first (1st) and end September
thirtieth (30th) of the succeeding year.
ARTICLE II JURISDICTION

The jurisdiction of the International Association of Fire Fighters shall be as follows: All
full-time, paid employees engaged in fire fighting, emergency medical or rescue service
activities, or related services; provided, however, that the Association may allow other
categories of employees as required by applicable state, provincial or U.S. or Canadian
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federal laws, subject to appropriate documentation and the approval of the General
President.
ARTICLE III MEMBERSHIP
Section 1. Active

Constitution and By-Laws will be eligible for active membership in this Association
through its chartered locals, state or provincial associations, and joint councils.

Anyone eligible for membership in the Association shall not be refused membership or,
upon acceptance, be discriminated against because of race, color, creed, national origin,
gender, sexual orientation, or by reason of disability. Local unions are urged to propose
amendments to their own constitutions and/or by-laws to reflect these same
prohibitions against discrimination.
Section 2. Retiree

IAFF members, who have retired from their respective local unions or otherwise
withdrawn from their unions as members in good standing, may be allowed to return at
the locals choosing within a time period specified for eligibility for active-retiree
membership under the locals constitution and by-laws.
Section 3. Honorary

For meritorious service to the Association or distinguished public service persons may
be elected to honorary membership by majority vote of the Executive Board, local or
other subordinate unions, or convention delegates. Such membership shall entail no
payment of initiation fees, dues or other charges, and shall convey no voice or vote in
the affairs of the Association or any of its subordinate unions. Such memberships are
subject to revocation for good cause.

Membership in good standing in this Association includes any person who has fulfilled
the requirement for membership and who has not voluntarily withdrawn from
membership, become ineligible for continued membership, or been suspended or
expelled as provided in this Constitution and By-Laws or those of its subordinate unions
approved as required therein. Members who fail to pay their dues or assessments
within the periods prescribed in Article XIII, Section 4, and Article XIV, Section 4, of this
Constitution and By-Laws will be considered delinquent and subject to automatic
suspension from membership upon notification by their respective local union or other
subordinate body of this Association. Members who are delinquent, under suspension,
or otherwise not in good standing are not entitled to any voice or vote in Association
meetings either of the International or any of its subordinate bodies nor shall they be
eligible for services of the International.
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Section 5. Retention of Membership upon Separation from Service

When any member in good standing becomes separated from the fire service, local
unions may allow said member to retain active membership or, in lieu thereof, upon
request of said member shall be issued a withdrawal card in accordance with Article XIII,
Section 5; provided, however, that a member who is duly elected as an officer of this
organization, shall retain active membership in said local union; provided further,
however, that any active member of a local union or other subordinate body of this
Association who is inducted into or activated with the armed forces of the United States
or Canada may continue to be carried as an active member of said union with payment
of dues, assessments or other union charges waived until such member is relieved from
active duty with the armed forces.

Any active member in good standing who is separated from employment due to a layoff
may continue to be carried as an active member while remaining on a preferred rehiring
list. Payment of such members per capita shall be waived and he/she shall enjoy all
rights of active membership except that the right to vote in the local union on collective
bargaining agreements shall be determined by each local union on a case-by-case basis.

Any officer or member of a local union or other subordinate body of the International
Association, which ceases to exist because of anti-union action, as a result of which such
officer or member is prevented from engaging in fire fighting or related service, may
retain their membership by the payment of per capita tax and other assessments to a
local union in the same District or to a state or provincial association that permits such
membership.
ARTICLE IV INTERNATIONAL CONVENTIONS

Conventions of this Association shall be regularly scheduled biennially prior to August 20
in such city as shall have been selected by a majority of delegates present and voting for
Convention Site Cities.

The method of selecting the Convention Site City shall be as follows: After approval by a
locals membership to submit a proposal for selection as the convention site, the
General President shall compile information on the locals bid to determine if it meets
the criteria for selection as the Convention Site City. The IAFF Executive Board shall
provide the delegates assembled at convention a list of all the candidate cities that meet
the criteria for selection as the Convention Site City. The delegates at convention shall
vote by a standing count for their preference among all candidates for the Convention
Site City in four years; provided, however, that each delegate can only vote once. If no
candidate for Convention Site City receives a majority vote, the candidate with the
fewest votes shall be eliminated, and the process shall be repeated until a candidate
receives a majority vote.

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In the event that no city bids for a convention and there are thus no candidates for
selection at a particular convention, the selection of a site shall be made by the
Executive Board.

Should extreme or unusual circumstances be such as to prevent the opening of a
convention before August 20 in the city selected by the delegates as its convention site,
the Executive Board shall designate a substitute city or substitute date as soon as
possible, notification of which shall be promptly sent to all local unions and other
subordinate bodies for communication to their delegates.
Section 2. Representation and Delegate Voting of Local Unions

Local unions with a membership of 100 or less shall be entitled to one delegate. Locals
with a membership exceeding 100 shall be entitled to delegates as follows:

Number of Members Number of Delegates
101 to 250 2
251 to 500 3
501 to 750 4
751 to 1000 5
1001 to 1250 6
1251 to 1500 7
1501 to 1750 8
1751 to 2000 9
2001 or more 10

The above formula determines the distribution and maximum delegate representation
at a convention.

To be entitled to representation of their delegates in convention, a local union must
have its per capita tax paid on its full membership as required by Section 2 of Article XIII
and also be current in its repayment of loans from the Emergency Disputes Fund;
provided, however, that representation of the local union shall be allocated on the basis
of the average amount of per capita tax paid monthly by the local union on its members
during the preceding twelve (12) months ending March 31. In the case of new local
unions not in existence for the full preceding year, per capita tax paid will be averaged
over the period of their existence on a monthly basis.

Questions shall be decided in accordance with the parliamentary provisions set forth in
Roberts Rules of Order as stated in Section 11 of this Article IV, except that the call of
the roll may be demanded by 30% of the delegates present and voting. Upon such roll
call each local union is entitled to one vote for each member of the local union for
whom the prevailing full per capita tax has been paid and one-half vote for each retired-
active member for whom one-half of the prevailing per capita tax has been paid,
determined on the basis of the average amount of per capita tax paid monthly by the
local during the preceding twelve (12) months ending March 31. In the case of new local
unions not in existence for the full preceding fiscal year, per capita tax paid will be
averaged over the period of their existence on a monthly basis. Local unions entitled to
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more than one delegate may send less than their authorized number and on roll call
votes and election of officers any one or the total of such delegates present and voting
may cast the entire vote to which the local is entitled.

Local unions of 100 or less members who do not send a delegate to the convention may
be represented by a joint delegate by giving its proxy to another local union delegate
(and also the alternate local union delegate), provided the following conditions are
observed:

A. A local union granting a proxy and the delegate and alternate from the local
union accepting the proxy must be in the same District of the International
Association as such Districts are enumerated in Article V, Section 3 of this

B. A proxy may be authorized only after nomination and election by secret
ballot among the members of the local union granting the proxy. Nominees
must be named delegates of another local union in the District that has
already elected such delegates to go to the convention. Nominations may
be made at any meeting of the local union but a notice of when
nominations will be held must be given and notice of the date, time, and
place of election must be mailed to its membership at least 15 days in
advance of such election. Nominations and election may be held at the
same meeting provided that the notice has been sent. The election must be
conducted by secret ballot, but if only one delegate is nominated to carry
the proxy it is not necessary to conduct the election.

C. No local union delegate may accept proxies to represent membership in
excess of 100 and provided further, however, that in no event shall the total
of proxy votes carried by all delegates within a local union exceed 200.

D. Proxy voting at the convention shall be permitted only in a call of the roll
vote and in the election of officers and shall be cast by the delegate carrying
the proxy.
Section 3. Representation of State and Provincial Associations and Joint
Councils

Each state or provincial association or joint council duly chartered by this Association
shall be entitled to two delegates at International conventions provided any per capita
tax or proportion of fees due the International on individual members admitted to such
subordinate unions is current as required by Section 4 of Article XIV.

Each delegate of every state or provincial association or joint council shall be entitled to
one vote on all questions before the convention. He/she shall also be entitled to one
vote in the election of officers if the delegate has been elected by secret ballot vote of
the membership of all local unions comprising the state or provincial association or joint
council as set forth in Section 4 of this Article. With respect to those state, provincial
associations or joint councils which admit individual members pursuant to Section 3 of
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Article XIV of this Constitution and By-Laws, the two delegates shall agree upon a
delegate chairperson and he/she shall cast the vote of each such individual member in a
call of the roll vote and also in the election of officers if the delegate has been elected
by secret ballot vote of the membership as above stated.
Section 4. Qualifications and Election of Delegates and Alternates

Delegates and alternates to International conventions must be members in good
standing of the local union, state or provincial association, or joint council from which
they hold credentials or International officers who shall be delegates-at-large by virtue
of their office.

All delegates and alternates representing local unions must be elected by secret ballot
vote of the members in good standing of the local union by which they are accredited to
the convention.

All delegates or alternates representing state or provincial associations or joint councils
must be elected in either one of two ways: (1) by secret ballot of the members in good
standing of all the local unions comprising the state or provincial association or the joint
council in which case the delegates of such subordinate organizations shall be entitled
to a voice and vote and full participation in the convention proceedings including the
election of International officers; or (2) by secret ballot vote of the local union delegates
of the state or provincial association or joint council in which case delegates so elected
shall be entitled to a voice and vote in all convention proceedings except the right to
participate in the election of International officers.

With the exception of proxy credentials, no delegate may represent more than one
affiliate nor carry more than one set of credentials to a convention.

No more than one alternate delegate may be issued credentials for each elected
delegate.

No International officer of the Association shall be eligible to represent any subordinate
union as a delegate or alternate at the convention but all International officers elected
by secret ballot vote shall by virtue of such election and office be delegates-at-large. All
delegates-at-large shall be entitled to a voice and vote and full participation in the
convention proceedings except the election of International officers, provided that the
General President shall vote only when necessary to resolve tie votes.

To cast his/her vote a delegate must be present in person and there shall be no voting
by proxy except as permitted by Section 2 of this Article IV on a call of the roll and in
Article V, Section 3 in the election of officers.
Section 5. Delegate Credentials

Each elected delegate and alternate delegate shall establish his/her identity and right to
a voice and vote in the convention by presenting to the Credentials Committee not later
than 5:00 P.M. on the first day of the convention, in person or through a member of
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his/her delegation, the original form of official credential signed by the president and
secretary-treasurer of the local union or other subordinate body of which he/she is a
delegate. Subject to the requirements of this Section that all delegate credentials,
including proxy representation in voting, be in such form and filed with the International
office at such dates as may be specified by the General Secretary-Treasurer, all
credentials shall be registered by the Credentials Committee not later than 5 oclock
P.M. on the first day of the convention in order to qualify registrants as accredited
delegates. Such credentials shall attest to the fact that the delegate is a member in good
standing of the local union or other subordinate body represented and that he/she has
been elected by secret ballot vote by the members of such body as required by this
Constitution and By-Laws. Delegates and alternates who arrive after 5 oclock P.M. of
the first day of the convention may be seated if approved by a three-quarter (3/4)
majority vote of the convention delegates. The General Secretary-Treasurer shall certify
to the Credentials Committee all International officers who are entitled to be delegates-
at-large by virtue of their election to office as provided in this Constitution and By-Laws.
Alternate delegates elected as such by secret ballot votes of the members they
represent may be seated in the absence of regular delegates upon presentation of
credentials meeting the foregoing requirements. Alternate delegates attending the
convention shall be issued a different colored ribbon or delegate card by the Credentials
Committee to distinguish them from the regular delegates. In the event that the
alternate is seated because of the absence of the regular delegate, he/she shall
surrender his/her alternate delegate ribbon or card to the Credentials Committee which
shall issue him/her the regular delegate ribbon or card.

Credentials of delegates, including proxy representation and voting as permitted by the
provisions of Section 2 of this Article IV, shall be in such form and filed with the
International Office at such dates as may be specified to the local unions concerned by
the General Secretary-Treasurer. In determining receipt of proxy credentials by the
cutoff date set by the General Secretary-Treasurer, the date of the registered or
certified mail receipt or the date actually received by the General Secretary-Treasurer,
whichever is earlier, will govern.

The General Secretary-Treasurer shall prepare for the use of the convention and submit
to it a printed list showing the number of votes and number of delegates to which each
local union and other subordinate body is entitled.

In the event that any of the requirements of this Section of the Constitution is willfully
violated by any member or members of this Association, such member or members shall
permanently forfeit their membership in the Association.
Section 6. Committees

The General President shall appoint the members of, designate the Chairperson, and
convene the convention committees hereafter designated and such other special
committees as may be necessary for the official conduct of the business of the
convention, unless otherwise ordered.

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A. Credentials Committee. The General President shall appoint a committee
composed of at least seven delegates to be known as the Credentials
Committee. This committee shall convene on a date to be set by the
General President prior to the opening of the convention and at the place
where the sessions of the convention are to be held, and shall inquire into
the regularity of the credentials of the delegates and alternates and the
rights of their accrediting subordinate unions to representation at the
convention. It shall receive the original credentials presented by the
delegates as provided in Section 5 of this Article and the certified list of
International officers entitled to be delegates-at-large presented to it by the
General Secretary-Treasurer and be ready to submit its report at the
opening of the convention. It shall also perform such other duties as may be
assigned to it by the General President. Should any protests be filed against
the seating of any delegate or alternate, the convention shall immediately
dispose of all protests prior to proceeding with its other business.

B. Committee on Constitution and By-Laws. The General President shall
appoint a committee composed of one delegate from each District to be
known as the Committee on Constitution and By-Laws. This committee shall
consider all proposed amendments to the Constitution and By-Laws
properly submitted as prescribed in this Constitution and By-Laws. After
such consideration, it shall prepare a report of its recommendations of
approval, rejection or modification of the proposed amendments and shall
present such report to the convention delegates for consideration and
action. In preparing its report, this committee shall also have the authority
to initiate and recommend proposed amendments. The General President
shall convene this committee at the place where the sessions of the
convention are to be held a sufficient number of days prior to the opening
of such convention to permit proper consideration of the proposed
amendments referred to it and in order that it may prepare its report and

C. Committee on Grievances and Appeals. The General President shall appoint
a committee consisting of at least three delegates, none of whom may be
an International officer, to be known as the Grievances and Appeals
Committee. All appeals from members, officers, or other legally constituted
bodies of the Association shall if presented in accordance with the
requirements of Article XVIII of this Constitution and By-Laws, be referred to
this committee. Any party to an appeal to the convention may appear
before the Grievances and Appeals Committee as provided in Section 5 of
Article XVIII of this Constitution and By-Laws. The Grievances and Appeals
Committee shall prepare a report of its findings and recommendations with
respect to all cases submitted to it and shall present such report to the
convention for consideration and action by the delegates. The General
President shall convene this committee at the place where the sessions of
the convention are to be held a sufficient number of days prior to the
opening of the convention to permit proper consideration of the appeals
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referred to it and in order that it may prepare its report and

D. Sergeant-at-Arms Committee. The General President shall appoint a
committee composed of sixteen (16) alternate delegates, with one member
being appointed from each District of the Association, to act as Sergeant-at-
Arms. These alternate delegates shall serve at no additional cost to the
Association. Members of this committee will be responsible for admitting
delegates to the convention floor and will perform such other duties as may
be assigned to them by the General President.

The foregoing committees and such others as are designated by the General President
may, with the approval of the General President, utilize the services of the Associations
General Counsel in the matter of amendments to the Constitution and By-Laws,
preparation of resolutions, legal considerations involved in disposition of appeals, et
cetera, to the extent such committees may consider necessary or desirable.

The General President may appoint such other convention committees for the
convention as may be necessary or desirable for the efficient and expeditious conduct of
its business. Each such committee shall make a report of its deliberations and
recommendations to the convention delegates for such consideration and approval as
may be required.
Section 7. Compensation of Executive Board and Board of Trustees

Members of the Executive Board and Board of Trustees shall be paid the same expenses
and allowances while attending conventions as they are authorized to receive when on
organization work.

The following order of business shall govern the convention proceedings unless
otherwise ordered by a majority vote of the delegates:
A. Report of Committee on Credentials
B. Report of Committee on Rules of Order
C. Adoption of Minutes of Previous Convention
D. Roll-call of Officers
E. Reports of Committees
F. Report of Executive Board
G. Good and Welfare
H. Election of Officers (where applicable)
I. Selection of Place of Next Convention
J. Adjournment.
Section 9. Quorum and Legal Majority

Delegates from five percent of the total number of local unions or other subordinate
bodies of the Association, provided such unions are representative of at least five
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districts, shall constitute a quorum at conventions. A majority of such delegates present
and voting shall legalize action on all questions except as may otherwise be expressly
provided in this Constitution and By-Laws.
Section 10. Convention Guests

The General President, with the approval of the Executive Board, shall have the
authority to invite and authorize the compensation of such convention guests as he/she
may deem in the interests of the Association.

Deliberations of the International, including the Internationals Executive Board
meetings and the International Convention, shall be governed by Roberts Rules of
Order to the extent that such Rules are not superseded by express provisions of the
Internationals Constitution and By-Laws. Local, state and provincial affiliates may
choose to adopt either the most recent edition of Roberts Rules of Order or Atwoods
Rules for Meetings to govern their deliberations; provided that, unless a local, state or
provincial affiliates constitution explicitly states otherwise, the president of such
affiliate will have the final authority, subject only to internal appeal to the International
parliamentary rules and questions involving interpretations of the affiliates constitution
and by-laws.
Section 12. Emergency Conventions

The Executive Board shall have the authority to call an emergency convention at any
time an emergency arises requiring such action provided that advance notice shall be
given to all local unions and other subordinate bodies of the Association in sufficient
time to permit election and accrediting of delegates.
ARTICLE V INTERNATIONAL OFFICERS AND ELECTIONS
Section 1. Number and Titles

The officers of this Association shall consist of a General President, a General Secretary-
Treasurer, sixteen International Vice Presidents and an International Board of Trustees
consisting of three members. At the 1992 Biennial Convention, the titles were changed
to reflect General President and General Secretary-Treasurer.

The General President, General Secretary-Treasurer, and Vice Presidents shall jointly
compose the Executive Board of this Association, the chairperson of which shall be the
General President.

Any member in good standing of this Association or an incumbent officer, unless
ineligible by virtue of provisions of this Constitution and By-Laws or provisions of
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applicable law, shall be eligible for nomination and election as an officer. No elective
officer of this Association shall be entitled to hold more than one office at the same
time, nor shall any candidates name appear more than once on any ballot for elective
office.
Section 3. Method of Nomination and Election

All International officers shall be nominated in the regular manner except for candidates
for the office of Vice President, who, effective at the Associations 1976 Convention and
thereafter, shall be nominated at caucuses of their respective districts. All International
officers shall be elected by majority vote through secret ballot of duly accredited IAFF
Convention delegates who are entitled to participate in election of International
officers, said elections for the various offices to be conducted as hereinafter provided.

In voting for all officers each local union and other subordinate body of this association
shall have the same number of votes to which it is entitled on a roll call vote as
heretofore provided in Article IV, Sections 2 and 3. If an affiliate votes by bloc, the ballot
shall be cast by the chairperson of the delegation and shall reflect the full voting
strength to which the affiliate is entitled. If the ballot is cast by individual delegates, it
shall carry the voting strength of the particular delegate as allocated by the General
Secretary-Treasurer on an equal basis with the chairperson of the delegation casting the
odd votes. In the case of all officers, a majority of all valid votes cast shall be necessary
for election. If three candidates are nominated for the same office, none of whom
receives a majority of votes on the first ballot, a runoff election will be held between the
two candidates having the highest vote. If more than three candidates are nominated
for the same office, none of whom receives a majority of the votes on the first ballot, a
runoff election will be held among the three candidates having the highest vote. If no
candidate receives a majority vote in the runoff election, then a second runoff election
will be held between the two candidates having the highest vote.

All elections of officers shall be so conducted that nominations will be made on the day
proceeding the time of election.

Effective at the 1988 Biennial Convention, the General President and General Secretary-
Treasurer shall be elected for four-year terms; and effective at the 2004 Biennial
Convention, the International Vice Presidents and International Trustees shall be elected
for four-year terms.

To be eligible for the office of Vice President, a candidate must be a resident of the
district which he/she is elected to represent and nominated and elected by the duly
accredited delegates from said district only, and a majority vote of those delegates
present from said district shall be necessary for election.

The districts, each of which shall be entitled to be represented by a Vice President, shall
be geographically located as follows:

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District No. 1
New York New Jersey
District No. 2
Nebraska Kansas Iowa Missouri

District No. 3
Maine Massachusetts New Hampshire Connecticut
Vermont Rhode Island

District No. 4
District of Columbia West Virginia Virginia Pennsylvania
Delaware Maryland

District No. 5
North Dakota Wisconsin South Dakota Minnesota

District No. 6
British Columbia Yukon Alberta Saskatchewan
Northwest Territory

District No. 7
Montana Washington Idaho Alaska

District No. 8
Ohio Illinois Indiana Kentucky
Michigan

District No. 9
Oregon Colorado Utah Nevada
Wyoming

District No. 10
California New Mexico Arizona Hawaii

District No. 11
Oklahoma Texas Canal Zone

District No. 12
Georgia North Carolina South Carolina Caribbean Area
Florida Puerto Rico

District No. 13
Ontario Manitoba

District No. 14
Arkansas Alabama Louisiana Tennessee
Mississippi

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District No. 15
Quebec Nova Scotia Newfoundland New Brunswick
Prince Edward Island

District No. 16
All federal fire fighters of the United States and Canada

Delegates representing federal fire fighters may participate in the nomination and
election of Vice President of the 16th District only and shall not participate in the
nomination or election of Vice Presidents from any other District, anything to the
contrary herein notwithstanding. It shall be the duty of the Vice President of the 16th
District to work with and for federal fire fighter organizations affiliated with the
International Association of Fire Fighters.

To be eligible for office as a member of the Board of Trustees, a candidate must be a
resident of the region which he/she is elected by duly accredited delegates from said
region only who are entitled to participate in the election of International officers, and a
majority vote of such delegates present from said region shall be necessary for election.
The regions, each of which shall be entitled to be represented by a Trustee, shall be
geographically located as follows:

Region 1. Canada

Region 2. Eastern United States-Alabama, Arkansas, Connecticut, Delaware, District of
Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North
Carolina, Ohio, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee,
Vermont, Virginia, West Virginia, Virgin Islands

Region 3. Western United States-Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wisconsin,
Wyoming, Canal Zone

All International officers elected as aforesaid by secret ballot vote shall also be
delegates-at-large at all conventions of the Association during their term of office by
virtue of such office.
Section 4. Installation and Term of Office

The elected officers and trustees shall be installed by the General President or his/her
deputy effective thirty (30) days following their election at convention at which time
they shall assume the duties of their respective offices. They shall serve until the
election and installation of their successors unless relieved of their duties as provided in

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Should a vacancy occur in any of the International offices due to death, resignation,
incapacity or other cause, the vacancy shall be filled in the following manner:

In the event of a vacancy in the office of General President or in the office of General
Secretary-Treasurer, the Executive Board shall meet and elect by secret ballot no later
than sixty (60) days from the date the office is vacated one of the members of such
Board to fill the unexpired term of either or both of such offices vacated.

In the event a vacancy occurs in the office of a Vice President more than sixty (60) days
prior to the next convention at which an election for such office is to be held, it shall be
filled by nomination and secret referendum election by the local unions of the district in
which the vacancy occurs which shall be entitled to one vote for each of its members in
good standing as of the time of the election. The state and provincial associations and
joint councils shall be entitled to cast the same number of votes as at convention. The
nominations shall be submitted and the election conducted under the direction and
supervision of the General President and in accordance with the rules issued by him/her
implementing these provisions of the Constitution and By-Laws including, but not
limited to, the time within which nominations will be received, the terminal date on
which all referendum ballots must be postmarked returned, and provisions for runoff
elections in the event more than three (3) candidates are nominated, none of whom
receives a majority of the valid ballots cast on the first ballot in which event all
candidates other than the three (3) leading contestants shall be dropped and the
balloting shall continue until a candidate receives a majority vote necessary for election
as Vice President of said district, provided that in the event none of the final three (3)
candidates receives a majority of the votes cast the candidate receiving the lowest vote
shall be dropped and the ballot conducted on the remaining two (2) candidates. In the
event a vacancy occurs within a period of sixty (60) days preceding a convention at
which an election for such office is to be held, it shall be filled by election at such
convention.

In the event a vacancy occurs on the International Board of Trustees, the General
President shall notify each of the other members of the Executive Board, in the region
where the vacancy has occurred, to submit the name of one qualified member for the
regional vacancy for consideration as successor to fill such vacancy. The General
President shall also notify the local unions and other subordinate bodies within the
region involved and request their recommendations prior to the submission of a
proposed successor. The General President shall select three (3) members from the
names submitted as aforesaid who are qualified to fill such vacancy by being a member
in good standing of the Association. The three (3) members thus selected shall be
submitted by the General President to the Vice Presidents in the region concerned who
shall, by majority vote, elect one of the three to fill the vacancy. Each Vice President in
the region of the vacancy may vote the number of members in their District working in
the region as stated by the General Secretary-Treasurer at the most recent Executive
Board meeting. In case none of the three members receives a majority of the votes cast
by the Vice Presidents in the region of the vacancy on the first ballot, the member
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receiving the lowest vote shall be dropped and such Vice Presidents shall vote on the
remaining two members.
Section 6. Salaries, Allowances and Expenses

The salaries of all International officers shall be established by majority vote of the
delegates at conventions. Each officer shall also be allowed his/her expenses and
allowances as authorized by the Executive Board. By action of the convention delegates
effective August 4, 1982, the International Executive Board is authorized to approve,
deny, or modify cost of living raises (not to exceed the actual cost of living) granted
International officers at previous conventions, such action by the Executive Board to be
taken on the first day of October of each year based upon the financial condition of the
Association as projected in the line item budget.

Upon leaving the employment of the IAFF, the General President and General Secretary-
Treasurer shall receive severance pay as established by existing policy in 1982.

Effective September 1, 2006, Vice Presidents shall receive a salary of $67,168.53. These
salaries shall be updated biennially in this Section to reflect all CPI increases. All
administrative days and per diem days for Vice Presidents are abolished upon the
receipt of salaries.

The position of President Emeritus is hereby established. Such position is granted to
Alfred K. Whitehead immediately upon and concurrently with the effective date of their
respective retirements as President of this Association.

conventions.

This position shall also carry with it the duty on the part of the President Emeritus to
Adopted by International Convention, August 18, 1980.
Section 8. Secretary-Treasurer Emeritus

The position of Secretary-Treasurer Emeritus is hereby established. This position will be
occupied by Frank A. Palumbo effective August 2, 1982. Effective August 23, 2010,
Secretary-Treasurer Emeritus status is also granted to Vincent J. Bollon.

Association of Fire Fighters and automatic selection as delegate-at-large to each of its
conventions.

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This position shall also carry with it the duty on the part of the Secretary-Treasurer
Emeritus to advise and consult with the General President and/or the Executive Board
upon request when such service is desired in the best interests of the International
Association.
Section 9. Vice President Emeritus

The position of Vice President Emeritus is hereby established for Brother Jack Bostick to
be occupied by him immediately upon and concurrent with the effective date of his
retirement as International Vice President of this Association.

Jack Bostick is uniquely qualified for this honor because of his thirty years of dedicated
service to this Association which he has performed with conspicuous distinction. He has
justly earned the accolade of Elder Statesman of the Executive Board.

The position of Vice President Emeritus is also established for former Vice Presidents
Raymond M. Hemmert, effective August 6, 1986; Charles A. Hall, effective August 23,
1994; James R. King, effective August 25, 1994; Russell P. Cerami, effective September 7,
1996; John K. Stephens, effective August 18, 1998; James L. Hill, effective September 19,
1998; Elliott Hastings, effective September 19, 1998; Dominick C. DiPaulo, effective
September 1, 2000; Robert E. Palmer, effective September 1, 2000; Charles L. Buss,
effective September 1, 2000; Gerald O. Holland, effective September 2, 2000; Michael J.
Crouse, effective August 14, 2002; Ernest A. Buddy Mass, effective September 19,
2004; Terry A. Ritchie, effective September 19, 2004; Michael D. McNeill, effective
August 11, 2008; Dominick Barbera, effective August 12, 2008; Kevin E. Gallagher,
effective July 24, 2012; Bruce A. Carpenter, effective July 24, 2012; and James A. Fennell,
effective July 24, 2012.

conventions.

This position shall also carry with it the duty on the part of the Vice President Emeritus
to advise and consult with the General President and/or the Executive Board upon
request when such service is desired in the best interests of the International
Association.

In order to be considered for IAFF Vice President Emeritus at convention, the individual
must have served as an IAFF Vice President for no less than ten (10) years. Nominations
of an individual for IAFF Vice President Emeritus can only be made by an affiliate within
the District in which the individual served.

Any Vice President Emeritus elected beginning at the 41st Convention and subsequent
conventions and all current Vice President Emeriti shall be given guest status and
afforded the following costs: air travel, accommodations at the convention hotel and
normal daily expenses while attending convention.

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Section 10. Trustee Emeritus

In accordance with Resolution Nos. 97 and 98 of the 1996 Convention, there is hereby
established the position of Trustee Emeritus for William McGrane upon the effective
date of his retirement; and in accordance with Resolution No. 3 at the 2002 Convention,
there is hereby established the position of Canadian Trustee Emeritus for Dennis Lloyd,
upon the effective date of his retirement. The position of Trustee Emeritus is also
established for former Trustee Robert Greenwood, effective August 11, 2008. This
position shall carry with it ex-officio lifetime membership in the International
conventions.

This position shall also carry with it the duty on the part of the Trustee Emeritus to

In order to be considered for IAFF Trustee Emeritus at convention, the individual must
have served as an IAFF Trustee for no less than ten (10) years. Nominations of an
individual for IAFF Trustee Emeritus can only be made by an affiliate within the Region in
which the individual served.

Trustee Emeriti elected beginning at the 43rd Convention and subsequent conventions
shall be given guest status and afforded the following costs: air travel, accommodations
at the convention hotel and normal daily expenses while attending convention.
Section 11. Dual Status of Emeriti Delegates at IAFF Convention

Effective upon the commencement of the 2002 IAFF Convention, any IAFF Emeritus
officer who is seated at an IAFF convention as a delegate or an alternate shall not be
granted guest status and may not attend as a delegate-at-large at the same Convention.
ARTICLE VI AUTHORITY AND DUTIES OF INTERNATIONAL OFFICERS
Section 1. General President

The General President shall be the executive head of the Association and shall preside at
all meetings of the Executive Board and at all sessions of Association conventions.

He/She shall also be a delegate-at-large to all conventions of this Association by virtue
of his/her office and shall have a voice and vote on all matters before such conventions
(except the election of International officers) but shall not exercise such vote except to
resolve a tie vote. He/She shall be a member ex officio of all committees. He/She shall
submit to each regular convention of the Association a report of his/her official acts
during the interim between conventions together with his/her recommendations or
suggestions for such improvements or changes in the conduct of the affairs of the
Association as in his/her judgment are necessary or desirable to the advancement of its
best interests. He/She shall appoint committees at conventions in accordance with the
provisions of Section 6 of Article IV. In the interim between conventions he/she shall
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appoint such committees as are necessary in his/her judgment to conduct the affairs of
the Association in an efficient manner; provided, however, that at least one member of
the Associations Executive Board will be appointed to each interim committee and;
provided further, however, that the General Secretary-Treasurer is hereby designated as
a permanent member of the Finance Committee with full voting rights.

Together with the General Secretary-Treasurer, he/she shall sign all orders and checks
of the Association which in his/her judgment are lawfully and properly drawn. He/She
shall execute such contracts and agreements on behalf of the Association as are
necessary for proper discharge of its business and shall submit a copy of all such
contracts and agreements to the Executive Board.

In conjunction with the Executive Board and General Secretary Treasurer, he/she shall
have control of all Association publications, printing and releases. He/She shall be the
Editor of the official Association publication and may employ an associate editor to aid
in the discharge of these duties.

He/She shall have the authority to call a meeting of the Executive Board by giving the
members thereof at least ten (10) days advance notice.

He/She shall enforce strict observance of the Constitution and By-Laws of the
Association, and he/she shall interpret such laws and decide any disputes or
controversies concerning their meaning or application which shall be appealed to
him/her. Such interpretations and decisions shall be final and binding unless changed on
further appeal to the Executive Board or International Convention as herein provided.

He/She shall pass upon and approve or reject all by-laws or other governing laws of
subordinate unions which shall be submitted to him/her for approval prior to printing or
issuance thereof as provided in Section 3 of Article XIII.

He/She shall generally supervise the activities of the Vice Presidents and other
International representatives and from time to time direct them to provide their
professional advice and technical skill to local unions and other subordinate bodies as
required in the best interests of the Association and he/she shall enforce the policy of
the International prohibiting Staff Representatives or any other employee of the
International from engaging in politics or policy making of the International.

Not less than once each month he/she shall submit an itemized statement of all
expenses incurred by him/her during the preceding month to the General Secretary-
Treasurer.

He/She shall, with the approval of the Executive Board, retain a General Counsel for the
Association and employ such legal services as in his/her judgment are necessary for the
protection or advancement of the interests of the Association. With the approval of the
Executive Board, he/she shall also have the authority to employ such clerical and other
assistants as may be necessary for the efficient discharge of his/her duties and pay such
salaries as the Board approves.

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He/She shall appoint a full time legislative representative who shall be approved by the
Executive Board which shall also set the salary to be paid.

He/She shall also discharge on behalf of the Association such duties as may be imposed
upon him/her by applicable civil law including the execution and filing of any reports to
federal and state authorities, and he/she shall cause to be maintained by the
Association such records as the law requires to be kept in support of reports filed by the
Association.

The General President shall also be responsible for informing, from time to time as may
be required, all local unions, state or provincial associations, and joint councils as to
their obligations under applicable law, and he/she shall cause to be issued such
instructions as may be necessary for compliance therewith.

He/She is authorized to summarily suspend from office any officer of a local union, state
or provincial association or joint council subject to the conditions and requirements of
Article XI of this Constitution and By-Laws.

He/She shall also appoint International Trial Boards as provided in Section 2 of Article
XVII and shall entertain appeals as prescribed in Section 3 of Article XVIII of this

He/She shall have the authority to designate IAFF Vice Presidents from adjacent
geographical districts to sit as pre-trial Review Boards to rule on charges in accordance
with Article XVI, Section 5, and to appoint IAFF Representatives to act as presiding
officials to assist local trial boards in procedural matters after a request is made by a
charging or charged party or a local affiliate responsible for conducting a trial board
under Article XVII, Section 1.

He/She shall have the sole authority to appoint representatives for the IAFF to all
organizations and committees outside of the IAFF. Such appointments shall be reported
to the next IAFF Executive Board meeting.

In addition to the foregoing, he/she shall exercise authority and perform such other
duties as are additionally prescribed in this Constitution and By-Laws or which may be
delegated or assigned to him/her by the Executive Board or by the delegates at
Section 2. General Secretary-Treasurer

The General Secretary-Treasurer shall receive all moneys due the Association from
whatsoever source, and shall be the custodian of the official seal and all records, books,
papers and property of the Association except as may otherwise be provided in this
Constitution and By-Laws. He/She shall also be a delegate-at-large to all conventions of
this Association by virtue of his/her office and shall have a voice and vote on all matters
before such conventions except the election of International officers. He/She shall keep
an accurate journal of all convention proceedings and shall maintain such record. Within
one hundred eighty (180) days after the adjournment of a convention he/she shall
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compile and publish a report of the convention proceedings and shall send and make
available electronically a copy thereof to each affiliated local union or other subordinate
body, all convention delegates and to each of the members of the Executive Board and
Board of Trustees. He/She shall also send and make available electronically to each
affiliated local union or other subordinate body, all convention delegates and to each of
the members of the Executive Board and Board of Trustees at the earliest possible date
following adjournment of the convention a summary of the convention resolutions and
their disposition at the convention. He/She shall also keep or cause to be kept minutes
of all proceedings of the Executive Board and shall maintain such minutes with the other
records of the Association.

He/She shall maintain and keep current a record of all members of the Association
together with their local union or other subordinate union affiliation and their
addresses. He/She shall submit to each International Convention of the Association at
least thirty (30) days before the convention meets a written report showing the number
of all local unions and other subordinate bodies and a list of their members in good
standing. He/She shall also furnish to the Committee on Credentials at each convention
a statement of the financial standing of each local or other subordinate union and the
number of delegates it is entitled to seat in the convention. He/She shall also submit to
each regular convention of the Association a report of his/her official acts during the
interim between conventions together with his/her recommendations or suggestions
for such improvement or changes in the conduct of the affairs of the Association
relating to his/her authority and duties as in his/her judgment are necessary or desirable
to the advancement of its best interests.

He/She shall conduct all necessary correspondence of his/her office and attest all official
documents with his/her signature and the seal of the Association and provide him/her
and all other International officers and employees with all necessary books, stationery
and supplies. With the approval of the Executive Board, he/she shall employ such
clerical and other assistants as may be necessary for the efficient discharge of his/her
duties and the general administration of the Associations business, and shall pay such
salaries as the Board approves. He/She shall also serve as Secretary of the Executive
Board.

He/She shall have charge of all funds of the Association and shall make disbursements
by the voucher-check system countersigned by the General President to cover all
expenses of operating and administering the business and affairs of the Association as
authorized by this Constitution and By-Laws and any resolution adopted by the
Executive Board pursuant to authority herein granted.

He/She shall not invest the funds of the Association or any portion thereof in real
property, stocks, shares, bonds or other securities without first obtaining in writing the
recommendation of a qualified investment authority and without also obtaining
approval of the Executive Board.

He/She shall be prepared to exhibit receipts and vouchers upon the examination of
his/her books and furnish any requested information to the Board of Trustees or any
auditors employed by it or to the Executive Board. In the months of October, January,
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April, and July he/she shall furnish the Executive Board and the Board of Trustees with
an itemized statement compiled by a certified public accountant of all money received
and disbursed during the preceding quarter. He/She shall close all accounts of the
Association on September 30th of each year. All books of the International shall be open
to inspection at any time by the Executive Board or Board of Trustees.

He/She is empowered, either in person or with the assistance of the Vice President of
the district in which the local union or other subordinate body is located or with such
auditors as he/she may employ with the approval of the Executive Board, to at any time
have an audit made of the books and accounts or to examine the books and accounts
and membership records of any local union or other subordinate body of this
Association.

He/She shall receive all applications for charters to establish local or other subordinate
unions of the Association. When accompanied by the required fee and dues and
submitted in compliance with all applicable provisions of this Constitution and By-Laws,
he/she shall endorse such application for charter and forward it for approval of the
General President. If the application is approved, the General Secretary-Treasurer shall
prepare and issue the charter as provided in the said Sections and Articles.

He/She shall cause to be printed in the Associations official publication all proposed
amendments to this Constitution and By-Laws received by him/her in accordance with
the procedure prescribed in Sections 1 and 2 of Article XX.

He/She shall establish and maintain such Funds, allocate revenue and make
disbursements as prescribed in Section 9, 10, 11, and 12 of Article VIII of this

He/She shall cause to be printed and furnish to all local unions, other subordinate
unions, and members of the Association such charters, manuals of common procedure,
membership cards, and forms necessary to the uniform conduct of the business of the
Association.

He/She shall also print and issue all membership cards to all individual members of the
Association bearing the name of the member, card number, local or other subordinate
union designation, and such other inscription as is necessary, and no local union or
other subordinate body of the Association shall issue membership cards to any
individual member.

He/She shall prepare a statement of all his/her expenses not less than once monthly and
be prepared to justify any expenditure if requested by the Executive Board.

He/She shall discharge on behalf of the Association such duties as may be imposed upon
him/her by applicable law including the execution and filing of any reports to federal
and state authorities, and he/she shall cause to be maintained by the Association such
records as the law may require to be kept in support of reports filed by the Association.

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He/She shall assign a cost factor to all resolutions presented to the International
Convention which, if adopted, require additional expenditures, and increase the per
capita by the cost factor. He/She shall also assign a negative cost factor to all resolutions
which, if adopted, reduce expenditures, and reduce the per capita by the amount of the
negative cost factor.

In the absence and/or unavailability of the General President, the General Secretary-
Treasurer shall carry out the established policies of the Association.

In addition to the foregoing, the General Secretary-Treasurer shall exercise authority
and perform such other duties as may be additionally prescribed in this Constitution and
By-Laws or which may be delegated or assigned to him/her by the Executive Board, the
Board of Trustees, or the convention delegates.

Vice Presidents shall serve as representatives of the International Association in their
respective districts and may advise local unions and other subordinate bodies in such
districts regarding International policy and procedure. They shall make available their
professional and technical skill and experience to such local unions and other
subordinate bodies when so directed by the General President. They shall also organize
and install officers of newly chartered local unions or delegate such assignments to
other subordinate bodies of the Association and perform any other services in
connection therewith upon request of the General President or General Secretary-
Treasurer.

The Vice Presidents shall attend all conventions of the Association and meetings of the
Executive Board. By virtue of their election as Vice Presidents, they shall be delegates-
at-large at all conventions of the Association entitled to a voice and vote and full
participation in the convention proceedings except the election of International officers.
They shall also preside at such conventions and board meetings when called upon to do
so by the General President or, in the General Presidents absence, by the Executive
Board.

The Vice Presidents may recommend state and provincial representatives for
appointment by the General President of the IAFF, who may accept or reject the
recommendation, to serve at the pleasure and call of the General President.

The Vice Presidents shall furnish, on forms provided by the General Secretary-Treasurer,
weekly itemized accounts of their expenses while in the actual performance of their
duties.

Upon direction by the General President, Vice Presidents shall pick up and transmit to
the General Secretary-Treasurer the charter of any local union or other subordinate
body in their respective districts which has been forfeited by such subordinate body for
failure to pay per capita taxes or other fees due the Association or for any of the other
reasons prescribed in Article XII of this Constitution and By-Laws governing dissolution
of subordinate unions and forfeiture of their charters.
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Each of the Vice Presidents shall present a report of his/her official acts and work during
his/her term of office to each regular convention of the Association.

In addition to the foregoing, each Vice President shall exercise authority and perform
such other duties as are additionally prescribed in this Constitution and By-Laws or
which may be delegated or assigned to him/her by the Executive Board or by the
convention delegates. (Regarding Vice Presidents pension benefits, see Article VIII,
Section 13.)

Except as otherwise provided by this Constitution and By-Laws the Executive Board,
which shall consist of the General President, General Secretary-Treasurer, and the
sixteen (16) Vice Presidents, shall have full and complete charge of all business of the
Association in the interval between conventions, and their decisions shall represent the
final judgment of the Association unless appealed to and reversed by the convention
delegates as hereafter provided.

In the absence and/or unavailability of both the General President and the General
Secretary-Treasurer, the senior International Vice President shall carry out the
established policies of the Association.

The Executive Board shall entertain appeals as provided in Section 4 of Article XVIII and
trial boards of its members appointed by the General President shall exercise original
jurisdiction in all trials of International officers or those resulting from charges preferred
by International officers as prescribed in Section 2 of Article XVII. It is also empowered
to summarily suspend from office any International officer subject to the conditions and
requirements of Section 2 of Article XVII.

The Executive Board shall hold meetings on call of the General President or on call
signed by a majority of its members. Eight (8) members shall constitute a quorum
competent to transact business. Minutes of all meetings of the Board, which shall
include a clear and complete statement of intent of all substantive motions adopted by
the Board, shall be kept by the Secretary of the Board who shall be the General
Secretary- Treasurer.

Per capita voting on Executive Board roll call votes shall be allowed when a minimum of
thirty per cent (30%) of the Executive Board supports a motion for a per capita vote.

The Executive Board shall exercise general supervision and control over the investments
and disbursements of the funds or property of the Association by the General Secretary-
Treasurer and authorizations for expenditure of funds by the General President as
specified in this Constitution and By Laws, or authorized by any resolutions adopted at
Association conventions, or resolutions adopted by the Executive Board between
conventions pursuant to authority herein granted said Board to authorize the
management, investment and expenditure of the property and funds of the Association
in accordance with its established practices, customs, and procedures, including, but not
limited to, expenditures for charitable, educational, legislative, economic, political,
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social, and cultural purposes in the interests and for the benefit of the Association and
its members.

The money and property of this Association shall be used solely for the benefit of the
Association and its members and not for the personal gain or profit of any officer or
member. The officers, agents, representatives, and employees of this Association who
handle its funds or property shall be held to this standard of conduct and accountable
for any breach thereof under this Constitution and By-Laws and as provided by law. The
Board shall also have authority to require from all International officers and
representatives an itemized account of all money expended by them and may
disapprove any expenditure not authorized by this Constitution and By-Laws or
resolutions adopted thereunder.

In authorizing expenditures or loans neither the Executive Board nor any officer acting
on behalf of it or this Association shall directly or indirectly make any loans to any officer
or employee of the Association.

When conditions require it in the best interests of the Association, the Executive Board
is empowered to authorize the General Secretary-Treasurer to transfer a specified
amount of money from one fund to another; provided, however, that no transfer of any
direct contributions made by the General President or General Secretary-Treasurer to
the Officers Retirement Plan Trust as provided in Section 11 of Article VIII shall be made
from such fund.

The funds of this Association shall not be obligated or used directly or indirectly to pay
prevent the assumption by the Association of the costs of defending the Association,
any subordinate body thereof, or any of their officers, agents, representatives or
employees in any civil or criminal proceedings in which they may become involved for
alleged violations of law.

The Executive Board shall conduct the trial of any officer of a local union, state or
provincial association or joint council summarily suspended from office by the General
President subject to the provisions of Article XI, and it shall pass upon any proposed
revocation by the General President of the charter of any local union or other
subordinate body of the Association.

The Executive Board shall present through its Secretary a report of its official acts to
each regular convention of the Association together with its recommendations or
suggestions for such improvement or changes in the conduct of the affairs of the
Association as in its judgment are necessary or desirable to the advancement of its best
interests.

The Board of Trustees shall check the books of the Association at least once each year
and at such other times as they deem advisable, and they shall engage a certified public
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accountant who shall be independent from any person or firm performing auditing
services for the Association to make an audit of the accounts of the General Secretary-
Treasurer once each year, and he/she shall have full access to all books and records of
the General Secretary-Treasurer pertaining to financial matters of the Association. The
Board of Trustees shall make a report of their findings on examination of the books to
the Executive Board and to the delegates at each convention.

Together with the General Secretary-Treasurer the Board of Trustees shall also be
responsible for bonding of all officers and employees as provided by this Constitution
and By-Laws and required by applicable law and shall be the custodian of all such bonds
which shall be held in trust for the benefit of the Association.
Section 6. Bonding of International Officers and Employees Handling Funds
or Property

All officers and employees of the International who handle funds or property of the
Association shall be bonded in such amounts as may be required by the Board of
Trustees and the General Secretary-Treasurer in compliance with applicable law, the
expense of such bonding shall be borne by the Association, and all bonds shall be held in
trust for the benefit of the Association by the Board of Trustees.
Section 7. Officers Reports to Convention

Each officer, the Executive Board, and the Board of Trustees shall prepare reports
biennially of their work and official acts and submit such reports to the General
Secretary-Treasurer on or before the tenth (10th) day of April prior to the convention of
the Association in order that they may be printed and placed in the hands of the
delegates at the opening of each convention.

Members of the Executive Board and the Board of Trustees shall attend all conventions
and meetings required by the Constitution and By-Laws unless prevented from doing so
because of illness or other good reason that is excusable by the General President.
Section 9. Authorization to Represent the IAFF

Without prior written approval of the General President, no IAFF member or officer may
represent the IAFF in any legal, administrative, or International union proceeding or any
forum or proceedings whatsoever; provided, however, that nothing therein shall alter
the authority and duties of the General Secretary-Treasurer, Vice Presidents, or
Trustees, as set forth in this Constitution and By-Laws.

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ARTICLE VII OFFICERS RETIREMENT BENEFITS
Section 1. Principal Officers Benefits

A. Any IAFF Principal Officer shall be eligible to receive retirement
compensation after reaching his/her 55th birthday and having completed at
least one full term of service as a Principal Officer. The amount of annual
retirement benefit to which a Principal Officer may be entitled shall be
based upon the annual compensation being paid to the position such officer
last held preceding his retirement and shall be recalculated each occasion
on which the annual compensation currently being paid to such position is
increased or decreased. In the event the annual compensation being paid
to the position last held preceding retirement increased less than the
change in the Consumer Price Index, U.S. Cityurban wage earners, over
the period since the last salary increase, the retirement compensation shall
be increased by the increase in the Consumer Price Index. The annual
retirement benefit for Principal Officers shall be computed as follows: six
percent of final 12-months compensation for each year of service for years
1 4, a total of 24% of final 12- months compensation credited for years 1
4; five percent of final 12-months compensation for each year of service for
years 5 8, a total of 20% of final 12-months compensation credited for
years 5 8; four percent of final 12-months compensation for each year of
service for years 9 12, a total of 16% of final 12-months compensation
credited for years 9 12; three percent, 3% of final 12-months
compensation for each year of service for years 13 16, a total of 12% of
final 12-months compensation credited for years 13 16; two Percent, 2%,
of final 12-months compensation for each year of service for years 17 20,
a total of 8% of final 12-months compensation for years 17 20; and one
percent, 1%, of final 12 months compensation for each year of service for
years 21 24, a total of 4% of final compensation for years 21 24, with any
partial year of service prorated according to the number of full months
served in that year.

B. Only time as a principal officer may be used in calculating retirement and/or
surviving spouse benefits.

C. Eligibility requirement of age fifty-five (55) and one full term of service may
be waived only in case of disability necessitating separation from service as
principal officer.

D. No retirement compensation or surviving spouse benefits shall be paid by
the Association to any principal officer or his/her surviving spouse if such
principal officer is removed from office or suspended or expelled as
provided in this Constitution and By-Laws prior to completion of one full
term of service as a principal officer.

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Section 2. Widows/Widowers Benefits

A surviving spouse of a principal officer shall be entitled to a monthly benefit of fifty
percent (50%) of the amount the officer was receiving or twenty-five percent (25%) of
his/her monthly pay if he/she died while holding office.
ARTICLE VIII REVENUE AND FUNDS

The revenue of this Association shall be derived from charter fees and per capita taxes,
the amounts of which shall be established by vote of the delegates at regular
Association conventions; from the Associations proportion of initiation and
reinstatement fees, the rates of which shall be established by majority vote in local
unions and other subordinate bodies as provided in Section 4 of Article XIII and Section
8 of Article XIV; all of which rates shall be subject to the minimum amounts hereafter
prescribed in this Article; from special assessments as provided in Section 6 of this
Article; from amounts earned through investment and miscellaneous receipts; from the
sale of necessary supplies at prices to be fixed by the General Secretary-Treasurer; and
from subscriptions to the official publication.

Local unions organized under a subordinate to the International Association of Fire
Fighters shall pay the General Secretary-Treasurer one hundred fifty dollars ($150.00)
for their charter, books and seal. State and provincial associations and joint councils
shall also pay a charter fee of one hundred fifty dollars ($150.00).
Section 3. Initiation Fees

Ten dollars ($10.00) of each initiation fee paid to local unions by applicants for
membership shall be paid by the local union to the Association.

Where state or provincial associations or joint councils admit to membership persons
not eligible to membership in a local union, ten dollars ($10.00) of the initiation fee shall
be paid to the Association.
Section 4. Reinstatement Fees

Ten dollars ($10.00) of each reinstatement fee paid to local unions shall be remitted to
the Association.

Where state or provincial associations or joint councils reinstate individuals to
membership, ten dollars ($10.00) shall be paid to the Association.

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Unless otherwise specifically dated, all increases in per capita tax are effective on the
first day of the month following adjournment of the convention at which they are
adopted.

The total accumulated per capita tax resulting from resolutions adopted at convention
(any fraction rounded off to the next higher cent by the General Secretary-Treasurer) is
as follows:

Effective September 1, 2012, the per capita tax is twelve dollars and thirty-six cents
($12.36) for each active member per month and six dollars and eighteen cents ($6.18)
for each retired-active member.

Effective September 1, 2013, the per capita tax of twelve dollars and thirty-six cents
($12.36) for each active member shall be adjusted based on the U.S. National Consumer
Price Index (CPI), as issued by the U.S. Department of Labor for the 12-month period
from April 1, 2012, to March 31, 2013, but not to exceed 3.5 percent. In addition, in
accordance with Resolution 25 enacted at the 2012 Convention, effective September 1,
2013, the per capita shall also be adjusted to reflect a sunset of four cents ($.04) as
required by this resolution.

The per capita tax for each retired-active member shall be one-half of the adjusted per
capita tax for active members.

Included in the foregoing total, as a result of Resolution 21 at the 2004 Convention, the
IAFF per capita allocation for the FIREPAC Education Account shall be adjusted to $1.10
effective September 1, 2004, with the proviso that at no time will this per capita tax be
used for any other purpose than the FIREPAC Education Fund, except as herein noted
and with the further proviso that effective October 1, 2005, and each year thereafter,
the per capita allocation to FIREPAC will be adjusted for inflation consistent with any
COLA resolution passed by the delegates at future conventions, but not to exceed 4.5
percent.

In accordance with Resolution 2 enacted at the 2006 Convention, effective September 1,
2007, and thereafter, the per capita allocations to the Redmond Foundation and the
Emergency Disputes Fund (EDF) will be adjusted for inflation consistent with any COLA
resolution passed by the delegates to IAFF Conventions.

These amounts shall be paid monthly to the International Association by all local unions
and by all state and provincial associations or joint councils admitting to membership
persons ineligible for local union membership.

Special assessments may be levied by the International Association under unusual and
emergency circumstances when it is otherwise unable to meet its financial obligations
from existing funds upon approval of:
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A. A majority vote by the Executive Board of a per capita tax assessment on all
local unions in the United States and Canada.

B. The majority vote cast by local unions in which each local union shall be
entitled to one vote for each of its members in good standing. The amount
of the assessment shall be submitted and the referendum conducted under
the direction and supervision of the General President in accordance with
rules issued by him/her implementing these provisions of the Constitution
and By-Laws including, but not limited to, the time within which the
referendum on the assessment will be issued, the terminal date on which all
referendum ballots must be postmarked returned to the International, and
the date on which the assessment will be effective. Any assessment levied
shall be paid on or before the fifteenth day of the month following its due
date after which a local union failing to comply will be notified by the
General Secretary-Treasurer that it is delinquent. If at the end of three (3)
months of the date of notification a local union has failed to pay its
assessments, such local union and all of its members shall be automatically
suspended from membership in good standing in this Association.
Section 7. Remittance of Revenue

All money due to the Association by local unions, state or provincial associations or joint
councils shall be remitted by check or money order made payable to the General
Secretary-Treasurer, International Association of Fire Fighters. Said monies are due in
the office of General Secretary-Treasurer no later than the 15th day of the month
following its due date.
Section 8. Solicitation of Local Union Funds

Any local union shall be free to solicit funds from local unions of this Association located
in the same state or province or from the subordinate body with which it is affiliated.
Any subordinate body shall be free to solicit funds from local unions of this Association
which are affiliated with the subordinate body. Except as heretofore provided, no local
union or subordinate body shall solicit funds from other local unions or subordinate
bodies without first securing the approval of the International Executive Board.

A general fund shall be maintained and administered by the General Secretary-
Treasurer from which all general expenses of the Association shall be paid except as
hereafter specified or otherwise directed by the convention delegates. All revenue
received by the Association from the sources specified in Section 1 of this Article shall be
placed in the general fund.

The General Secretary-Treasurer shall establish and maintain an Emergency Disputes
Fund which will be used, subject to procedures established by the General President and
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Executive Board, to financially assist in the resolution of emergency disputes in which
affiliates of this association may become involved.

Financial assistance from the Emergency Disputes Fund shall be in the form of either
interest-free loans or grants. Such loans or grants shall be considered proper only when
requests for such financial assistance are made in conjunction with job actions,
disciplinary actions against union officers for union related activities, employers refusal
to implement an arbitration award, or such other occurrences as may be considered
bona fide emergencies by the Executive Board of the IAFF. Where a request for an
interest-free loan falls into the category of such other occurrences as may be
considered bona fide emergencies it requires at least 75% majority approval of the
Board. A majority of the Executive Board is necessary for approval of requests for an
interest-free loan in all other cases enumerated above.

A unanimous vote of the Executive Board is necessary for the approval of any request
for a grant.

Effective August 1986 loans once made cannot be converted to grants at a later date;
provided, however, this provision shall not be applied retroactively to loans already
made prior to August 1986.

A schedule of repayment shall be required in the case of all interest-free loans with a
maximum term of five years; provided, however, that the repayment schedule may be
extended by a unanimous vote of the International Executive Board.

Effective September 1, 2006, thirty-two cents ($.32) of the per capita tax received
monthly by the Association will be allocated to this fund; provided, however, that when
one-half per capita tax is received from local unions for retired-active members sixteen
cents ($.16) will be allocated to the fund. The Emergency Disputes Fund shall be treated
as a separate fund and the per capita tax allocated to it as provided in this Section shall
not be transferable to the general fund and shall be used only for the purpose of
emergency dispute issues as heretofore provided. Effective September 1, 2007, and
thereafter, the per capita allocation to the Emergency Disputes Fund shall be adjusted
for inflation consistent with any COLA resolution passed by the delegates to IAFF
Conventions.
Section 11. Officers Retirement Trust

A principal officers retirement plan trust shall be established from which benefits
payable to principal officers upon their retirement shall be made. This fund shall be
financed by allocations from the general fund determined annually and made at the
beginning of the Associations fiscal year by the General Secretary-Treasurer on the
basis of actuarial advice. Such allocated revenue shall be subject to use only for the
specific purpose of funding the principal officers retirement trust referred to herein and
shall not revert to the General Fund or be diverted to any other funds or used for any
other purposes except as may be authorized by the appropriate trust document(s).
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Section 12. Employees Pension Trust Fund

The General Secretary-Treasurer shall establish and maintain an Employees Pension
Trust Fund which shall constitute an irrevocable trust separate and apart from other
funds and revenues of the Association and from which all benefits payable by the
Association to employees under their pension trust plan shall be disbursed. Revenues
necessary to finance this plan on a sound actuarial basis shall be annually determined
and allocated by the General Secretary-Treasurer from the general fund at the
beginning of each fiscal year on the basis of actuarial advice and after approval of each
such allocation by the Executive Board. Such allocated revenue shall be subject to use
only for the specific purposes of the Employees Pension Trust Plan and shall not revert
to the general fund or be diverted to any other funds or used for any other purposes.
Section 13. Staff Representatives Pension Trust Fund

The General Secretary-Treasurer shall establish and maintain a Staff Representatives
Pension Trust Fund that shall constitute an irrevocable trust separate and apart from
other funds and revenues of the Association and from which all benefits payable by the
Association to staff representatives and other designated employees under their
pension trust plan shall be disbursed. Revenues necessary to finance this plan on a
sound actuarial basis shall be annually determined and allocated by the General
Secretary-Treasurer from the General Fund at the beginning of each fiscal year on the
basis of actuarial advice and after approval of each such allocation by the Executive
Board. Such allocated revenue shall be subject to use only for the specific purposes of
the Staff Representatives Pension Trust Plan and shall not revert to the General Fund or
be diverted to any other funds or used for any other purposes.

With the adoption of Resolution 113 at the 1992 IAFF Convention in Vancouver, BC, the
International Vice Presidents shall be included in the IAFF Staff Representatives Pension
Plan, excluding, however, those International Vice Presidents in Canada whose inclusion
in the Plan cannot be accommodated due to requirements and/or obligations contained
in Canadian law. For such excluded Vice Presidents, the General Secretary-Treasurer
shall establish and maintain a separate Canadian Officers retirement plan which
provides benefits to participants that are equivalent to the benefits provided by the IAFF
Staff Representatives Pension Plan (including all amendments thereto) so long as
consistent with applicable law. To calculate their pension benefit, Vice Presidents in
either plan shall receive (to the extent they are eligible) past service credit for service
performed as a Vice President beginning on or after September 1, 1988, calculated on
base salary only. Monies that were paid to the Vice Presidents from existing per capita
for their office expenses shall be used instead to fund the Vice Presidents pension
benefits plus an additional one and one-half cents per capita. Further, pursuant to the
adoption of Resolution 19 at the 1996 IAFF Convention in Honolulu, Hawaii, and
Resolution 30 adopted at the 1998 IAFF Convention in Lake Buena Vista, Florida, only
IAFF District Vice Presidents who were the current incumbents in their districts at the
1994 Convention shall be given prior service credit toward retirement for each year in
which the Vice President held office as an IAFF District Vice President. Any cost
associated with the extension of prior service credit for IAFF District Vice Presidents
pursuant to Resolution 19 in 1996 and Resolution 30 in 1998 shall be funded from per
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capita. Vice Presidents in any IAFF pension plan shall not be permitted to increase their
retirement benefits without convention action.
ARTICLE IX PUBLICATION OF THE INTERNATIONAL FIRE FIGHTER

The International Fire Fighter shall be the name of the official publication of the
Association which will be published under the direction and supervision of the General
President in accordance with policies approved by the Executive Board.

Instructions and information from the officers of the Association which may be required
by this Constitution and By-Laws, by applicable law or otherwise, shall be included in
issues of the International Fire Fighter. Decisions of the courts and of arbitrations
affecting fire fighters, contract provisions, and safety and health data of continuing
importance and concern to the membership will also be included.

The subscription price of the publication shall be determined annually by the Executive
Board and set forth in the publication.
ARTICLE X DELEGATES TO AFL-CIO AND CANADIAN LABOUR
CONGRESS CONVENTIONS
Section 1. Representation to AFL-CIO Conventions

The General President, together with the Vice President of the District in which the
convention of the American Federation of Labor and Congress of Industrial
Organizations is held, shall represent this Association as delegates at such conventions
Executive Board.
Section 2. Representation to Canadian Labour Congress Conventions

The Vice President of the District in which the convention of the Canadian Labour
Congress is held shall represent this Association as delegate at such conventions
Executive Board.
ARTICLE XI SUSPENSION OF OFFICERS OF SUBORDINATE UNIONS

The General President shall have authority to summarily suspend from office any officer
of a local union, state or provincial association, or joint council of this Association for
failure to comply with the provisions of this Constitution and By-Laws, the established
policies of this Association, or for incompetence, negligence, failure of duty, or for
embezzlement, larceny, breach of fiduciary responsibility, or other misconduct as
hereinafter prescribed in Article XV.

Within thirty (30) days following any suspension from office, the General President shall
serve such officer with specific written charges and he/she shall have a hearing within
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thirty (30) days before a trial board consisting of three (3) members of the Executive
Board to be selected and appointed by the General Secretary-Treasurer; provided,
however, that for good cause shown such trial board may extend the time for hearing.
Unless otherwise agreed by the accused, such hearings are to be conducted at the city
or town in which the suspended officer is employed. In the event that the General
Secretary-Treasurer may be involved directly or indirectly in charges against the accused
officer, the remaining members of the Executive Board not so involved, by majority
vote, shall designate one of its members not so involved as the appointing officer.

The appointing officer shall submit the names of seven (7) members of the Executive
Board to the accused of which the accused shall reject four (4), the remaining three (3)
to constitute the trial board.

The suspended officer may have in attendance at the hearing with him/her a
representative or counsel of his/her choice and such witnesses as he/she may desire. A
verbatim transcript of the proceedings must be taken at the hearing and a copy thereof
will be furnished to the accused officer. The trial board shall render its decision in
writing within thirty (30) days after the completion of such hearing and mail a copy to
the suspended officer and local union or other subordinate union or other subordinate
body in which he/she held office. If cleared of the charges against him/her, the officer
shall be immediately reinstated in the office from which suspended; if found guilty of
the charges by the trial board, the suspension shall become permanent and the office
shall be declared vacant.

Any officer removed from office under the provisions of this Article may make an
appeal, subject to compliance with the requirements of Section 6 of Article XVIII, from
the decision of the trial board to the full Executive Board less the General President who
suspended the officer and brought the charges and the three (3) members who
composed the trial board and made the decision and any other member who might be
involved directly or indirectly in the charges, with the right of further appeal to the
International Convention in accordance with the procedure prescribed in Section 5 of
Article XVIII and compliance with the provisions of Section 6 of Article XVIII.

Unless reinstated by action of the convention or unless modified by the decision and
order of the Executive Board or by the convention, any person permanently suspended
from office pursuant to this Article shall not again be eligible for office in the Association
or in any of its subordinate bodies unless and until such disqualification is lifted by
action of the International Convention but his/her rights as a member of the Association
and any subordinate body thereof shall not otherwise be impaired unless specific
written charges are preferred against him/her and proceedings conducted as
hereinafter required by the provisions of Articles XVI and XVII by virtue of which he/she
is suspended or expelled from membership.

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ARTICLE XII DISSOLUTION

This International Association shall not be dissolved so long as seven or more local
unions or other subordinate bodies in good standing acknowledge its jurisdiction and
authority and continue to comply with this Constitution and By-Laws. In the event that
less than seven local unions or other subordinate bodies acknowledge the jurisdiction
and authority of the Association, it shall be dissolved by order of the Executive Board. All
real and personal property belonging to the Association shall thereupon be liquidated
into cash by public or private sale conducted under the supervision of the Executive
Board and the cash remaining after the sales are completed and all debts and expenses
have been paid shall be remitted in equal shares to the members of the Association who
were in good standing at the time dissolution was ordered.
Section 2. Voluntary Forfeiture of Charters and Dissolution of Local Unions or
Other Subordinate Bodies

There shall be no voluntary forfeiture of the charter or dissolution of any local union
unless the majority of its membership in good standing vote to forfeit the charter, and
there shall be no voluntary forfeiture of the charter or dissolution of any state or
provincial association unless the majority of member locals of such state or provincial
association vote to forfeit its charter, or of any joint council unless the majority of
members of such council vote to forfeit its charter. Voluntary forfeiture of a charter or
dissolution shall be determined only by a referendum vote of the local union or other
subordinate body membership. This referendum shall be conducted by secret ballot
after at least thirty (30) days written notice has been made to all members of such local
union or other subordinate body stating that a proposal to forfeit the charter will be
submitted to a referendum ballot. Such written notice shall also be communicated by a
local union seeking dissolution to any state or provincial association or joint council of
which it may be a member. The referendum shall be initiated only by motion of the
membership in good standing of such local union or by the governing authority of such
other subordinate body.

Where local unions of the Association become merged with other local unions of the
IAFF as a result of city or township consolidations, unifications or mergers required by
state, provincial or municipal action, the local unions which do not survive the merger
and lose their identity shall be regarded as dissolved by operation of civil law.

Upon notice of such dissolutions to the General Secretary-Treasurer and through
him/her to the Executive Board, such dissolutions shall be recorded in the books of the
Association and their charters returned and cancelled.

In the event of any voluntary proposal of merger of one or more local unions of the
Association with another local union of the IAFF which is not caused by action of
municipal or other civil authority, no such merger shall be consummated without
approval of the General President and Executive Board upon such terms and conditions
as they may authorize. Two or more existing IAFF locals who wish to merge voluntarily
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must obtain approval by a referendum vote of each locals membership by whatever
means selected by the locals, and such affected locals must comply with the then
current policy of the IAFF Executive Board and consult with the IAFF Vice President of
the District to include written verification after a showing of interest and prior to the
vote. To be recorded as a voluntary forfeiture, the affiliates per capita must be paid
current with notification to the General Secretary-Treasurer of such voluntary forfeiture,
dissolution by merger or by operation of civil law.
Section 3. Involuntary Forfeiture and Revocation of Charters of Local Unions
and Other Subordinate Bodies

Upon approval by the Executive Board the General President may revoke the charter of
and dissolve any local union or other subordinate body for failure to pay the established
per capita tax and the Associations proportion of other fees due on all its members as
heretofore provided in Article VIII or for failure to report to the Association on its full
membership, or for failure or refusal to comply with the provisions of this Constitution
and By-Laws or with the directives of the General President, the Executive Board issued
thereunder or those of the International Convention, or for the purpose of correcting
corruption or financial malpractice in such local union or other subordinate body. The
validity of any such revocation and dissolution may be appealed pursuant to the
provisions of Article XVIII of this Constitution and By-Laws.

For purposes of this Section any local union or other subordinate body of the
Association which fails to pay its per capita tax, assessments, or other required fees to
the Association at the end of a three-month period after notification by the General
Secretary-Treasurer that such per capita tax, assessments, or fees are in arrears shall be
subject to revocation of its charter and dissolution. Any local union or other subordinate
body whose charter has been revoked for failure to pay per capita tax or other fees due
the Association as aforesaid may have such charter reinstated upon payment of all
arrearages if such reinstatement is approved by the General President and the Executive
Board, provided, however, that in exceptional cases warranting such action the General
President, with the approval of the Executive Board, shall have the authority to waive
such arrearages.
ARTICLE XIII LOCAL UNIONS

Except as otherwise provided herein, three or more persons of the same city or town
who are qualified for active membership in this Association in accordance with this
Constitution and By-Laws may submit a proposal to charter a local union; provided,
however, that charters shall not be granted to applicants in any city or town wherein a
chartered local union in good standing of this Association already exists unless said
chartered local union consents to the granting of this additional charter. Small numbers
of fire fighters in two or more cities or towns desiring to amalgamate and form one
central local union, may, however, propose and obtain charters provided, however, that
any withdrawal of a local union after such amalgamation and formation of a separate
local union must be with the consent of the central or master county or local union and
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no new charter shall be granted without such consent except with the approval of the
International Executive Board.

All proposals for a charter must include the professional fire fighters within the city,
town, or county covered by the charter. No charter will be issued for a local union
composed exclusively of supportive groups such as civilian paramedics, fire alarm
dispatchers, fire inspectors or other nonprofessional services, without the consent of
the existing local. Such proposal for membership must include prior notification of the
affected state or provincial association, if any, and will only become effective upon
concurrence of the IAFF Executive Board. Persons qualified to submit proposals for a
charter as aforesaid may obtain a charter proposal form and membership application
form upon request from the International Vice President of the District in which such
proposed union is located. Such forms shall be answered in full and returned to the
International Vice President accompanied by a check or money order covering the
established charter fee and initiation fee and one months dues for each applicant. The
charter fee, one months per capita taxes on each of the applicants and the
Associations established proportion of the initiation fees, as provided in Article VIII of
this Constitution and By-Laws, shall promptly be remitted to the General Secretary-
Treasurer. Chartered locals may propose to expand their original, chartered jurisdiction
to add additional unorganized jurisdictions, as defined in Article II.

Following receipt of a proposal to charter a local union, or each jurisdictional expansion
of a current local union, the International Vice President shall accept or reject said
proposal subject to approval of the General President.

When a charter proposal is approved by the General President, the General Secretary-
Treasurer shall assign a number to the local union, prepare its charter, and send such
charter to the International Vice President of the District involved and send copies of
this Constitution and By-Laws, Seal and other necessary supplies to the temporary
secretary of the newly chartered local union. The General Secretary-Treasurer shall also
prepare a letter of instructions and information to assist the new members in
establishing the new local union, and the International Vice President shall, either
personally or through his/her designated representative visit the newly chartered local
union upon installation of the charter and provide such assistance in its initial
organization as may be necessary.

Each duly qualified applicant for membership who appears as one of the signatories to
the charter proposal shall be issued a membership card by the General Secretary-
Treasurer bearing the date of issuance of the local union charter.

If a proposal to charter a local union is rejected, the signatories to the proposal shall be
promptly notified of such action by the General Secretary-Treasurer and their
applications and checks or money orders returned. Rejection of such applications shall
be without prejudice to the rights of such persons to apply for membership to an
existing local union or state or provincial association or joint council and without
prejudice to their rights to submit at a future date another proposal to charter a local
union.
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Section 2. Payment of Per Capita Tax

A per capita tax shall be paid each month to the Association by each local union on each
member of said union in the amount established at biennial conventions by vote of the
delegates, and shall be subject to change only at conventions of the Association by vote
of the delegates as provided in Section 1 of Article VIII.

Any local union of the Association which fails to comply and pay its full per capita tax as
aforesaid on or before the fifteenth day of the month following its due date shall be
considered delinquent and it shall be notified by the General Secretary-Treasurer of
such delinquency, and, if on the fifteenth day of the third month following the first day
of delinquency it is still in arrears, such local union and all of its members shall be
automatically suspended from membership in good standing of this Association;
provided, however, that automatic suspension shall not occur in the event the Executive
Board gives its approval to exempt a particular local union from such automatic
suspension. The notice of delinquency issued by the General Secretary-Treasurer shall
be sent to the President and Secretary-Treasurer of the delinquent local union, the
President of the appropriate State or Provincial Association with which the local union is
affiliated, if any, and also to the International Vice President of the District involved.

Any local union which is under suspension shall not have a voice or vote in any matters
of the International nor shall it be eligible for services of the International.

A suspended local union and its membership may be reinstated in this Association upon
payment of all arrearages; provided, however, that the General President with the
consent of the Executive Board shall, for good cause shown, have the authority to waive
payment of all or a portion of such arrearages.
Section 3. Government Constitution and By-Laws

Each local union, its officers, representatives, and members shall recognize, observe,
thereof rendered by the General President as provided herein, the resolutions, decisions
and directives of the Executive Board or officers of the Association when made in
conformity with the authority granted by this Constitution and By-Laws, and the
resolutions adopted and policies established by the delegates at conventions.

Local unions shall adopt a constitution or by-laws, supplementary to the Associations
Constitution and By-Laws which shall establish procedures for the conduct of the locals
internal affairs and business; provided, however, that the locals constitution or by-laws
make express reference to the governing authority of all applicable provisions of this
Constitution and By-Laws, and particularly those governing local unions as set forth in
this Article, and provided, further, that none of the provisions of such local union
constitution or by-laws shall be in conflict with any of the provisions of this Constitution
and By-Laws, and that following adoption by the local union but prior to printing or
issuance all local constitutions or by-laws shall be submitted to the General President
for his/her approval.

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In addition to the foregoing requirements, local unions shall submit to the General
Secretary-Treasurer a current copy of their respective constitution and by-laws before
February 1, 2011, and every four years thereafter. In all cases, whether for approval of
changes or for quadrennial submission, affiliates shall submit the constitution and by-
laws in a searchable electronic format acceptable to the IAFF.

Local unions may choose to adopt either the most recent edition of Roberts Rules of
Order or Atwoods Rules for meetings to govern their deliberations; provided that,
unless a local unions constitution explicitly states otherwise, the president of such local
union will have the final authority, subject only to internal appeal to the International
parliamentary rules and questions involving interpretations of the local unions
constitution and by-laws. Local unions shall amend immediately their constitutions and
by-laws to conform to amendments or changes to the Associations Constitution and By-
Laws. Any proposed amendments, revisions or modifications to such constitutions or by-
laws shall likewise be submitted following adoption by the local union for approval by
the General President prior to printing or issuance.

Initiation fees and reinstatement fees shall be established by the membership of each
local union, the established proportion of which must be paid to the Association as
heretofore provided in Article VIII.

Monthly dues shall be established by the membership of each local union, but they shall
be no less than an amount sufficient to permit payment of the per capita tax per
member per month by each local union to the Association in the amount established at
conventions as provided in Article VIII, and also cover the necessary expenses of
conducting the business of the local. All such dues shall be paid monthly by each
member to the local union of which he/she is a member. If he/she fails to make
payment by the fifteenth day following the month such dues are payable, he/she shall
be notified by the Secretary-Treasurer or Secretary of the local union that he/she is
delinquent and will be automatically suspended and lose his/her good standing if
payment is not made within sixty (60) days following such notification. The Secretary-
Treasurer or Secretary of all local unions shall make a monthly report to the General
Secretary-Treasurer of any members who are delinquent in their dues and any members
who have been suspended from membership for non-payment of dues after notification
as aforesaid.

No membership cards shall be issued by any local union to any of its members except
the uniform membership cards printed and issued by the General Secretary-Treasurer as
provided in Section 2 of Article VI.

Whenever increases in the rates of initiation fees, reinstatement fees, dues, or
assessments of local unions 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, local unions shall submit the
proposal for approval in either of two ways at the option of the local union:
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A. By majority vote of the members in good standing voting by secret ballot at
a general or special membership meeting, or

B. By majority vote of the members in good standing voting in a referendum
conducted by secret ballot.

If the proposed increase receives approval by a majority of the members in good
standing voting by either of the two procedures aforesaid, it shall be adopted; otherwise
it shall stand rejected.

The requirements of a secret ballot vote mean the expression by ballot, voting
machine, or otherwise of a choice by the member cast in such a manner that such
member cannot be identified with his vote.

Constitution and By-Laws will be eligible for active Association membership in any local
union serving the city or town in which such applicant is located. Any local union is
authorized to confer honorary membership upon any person subject to the provisions of
Section 3 of Article III.

Local unions may issue withdrawal cards only to those members who leave the fire
service or EMS in good standing or who are precluded by law or local ordinance or
contractually from maintaining union membership by virtue of their fire department
position.

Former members holding withdrawal cards for the above reasons who become
reemployed within the jurisdiction of any IAFF local union shall be subject to automatic
reinstatement to active membership upon deposit of their withdrawal cards with the
local union and resumption of dues. No reinstatement fee shall be charged upon
reentry into the organization.
Section 6. Maintenance of Good Standing Membership

Membership in good standing includes any person who has fulfilled the requirements
for membership in the local union and who has not voluntarily withdrawn there from,
became ineligible for continued membership, or been suspended or expelled as
provided in this Constitution and By-Laws or the valid provisions of his/her local union
constitution or by-laws.

When any member in good standing aforesaid is separated from the service, local
unions may allow said member to retain active membership or in lieu thereof, upon
request of said member, shall issue a withdrawal card in accordance with Section 5 of
this Article; provided, however, that a member who is duly elected as an officer of this
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organization, shall retain his/her active membership in said local union.
Section 7. Suspension of Delinquent Members

Members who fail to pay their dues and assessments as required by this Constitution
and By-Laws will be considered delinquent and subject to automatic suspension from
membership upon notification by the local union as provided in Section 4 of this Article.
Members who are delinquent or under suspension are not entitled to any voice or vote
in the local union or in the affairs of the Association.
Section 8. Membership Meetings and Rights of Members

Regular or special meetings of the local union shall be held as prescribed in the local
unions constitution or by-laws and every member in good standing of a local union shall
have the right to attend any such meeting and to participate in its deliberations and
voting, and to express at such meeting their views upon candidates in an election of the
local or upon any business properly before the meeting, subject, however, to such
reasonable rules as the local union shall establish pertaining to the conduct of its
meetings including its right to enforce reasonable rules governing the responsibility of
every member to their local union as an institution and prohibiting conduct which would
interfere with the local unions or this Associations performance of their legal or
contractual obligations.

Members shall also have the right to meet and assemble freely with other members and
express their views, arguments or opinions provided, however, that in so doing they are
not guilty of misconduct as set forth in this Constitution and By-Laws or as may be
prescribed in the local unions constitution or by-laws.
Section 9. Audits and Financial Reports

The books and accounts of all local unions shall be audited annually, and the last such
report of the audit shall be forwarded each year to the General Secretary-Treasurer over
the seal of the local within 180 days of the close of the locals fiscal year and shall
include an accurate accounting of all employees within the local unions fire
department.

Local union books and accounts are subject to audit at any time by the General
Secretary-Treasurer as provided by Section 2 of Article VI, and he/she shall have full
access to all financial records and membership lists of local unions.
Section 10. Management, Investment, and Disbursement of Union Funds and
Property

The money and property of the local union shall be used solely for the benefit of the
union and its members and not for the personal gain or profit of any officer or member.
Local union officers, agents, representatives and employees who handle the locals
funds or property shall be held to this standard of conduct and accountable for any
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breach thereof under this Constitution and By-Laws and as provided by law. Such
officers as are given the responsibility under the local unions constitution or by-laws
shall manage, invest and expend its funds and property only in accordance with
applicable provisions of the locals governing laws or this Constitution and By-Laws and
any resolutions properly adopted thereunder. Otherwise, funds and property may not
be invested, used or disbursed except upon approval of the membership at regular or
special local union meetings.
Section 11. Nominations and Elections of Officers

Those local unions whose membership is not composed exclusively of individuals
employed by municipal or state governments and who are thus subject to the
requirements of the Labor-Management Reporting and Disclosure Act of 1959, as
amended, must observe all of the specific provisions set forth in Title IV of said law
governing nominations and elections of local union officers. Those local unions whose
membership is composed exclusively of individuals employed by the federal
government and who are thus subject to the requirements of the Civil Service Reform
Act of 1978 must observe the provisions set forth in Title VII of said law governing
elections of union officers.

Except as may otherwise be provided in other articles of this Constitution and By-Laws,
nominations and election of officers of all other local unions of this Association shall be
conducted in the form or manner, and in accordance with the procedures, established
by the local unions constitution and by-laws.

Locals are encouraged to adopt a fair, reasonable and legally acceptable provision in
their by-laws or election rules to govern resolution of a tie vote occurring in the final
ballot of any election for local office. In the absence of such a provision, the winning
candidate for office shall be selected by the drawing of lots in the presence of both
candidates.

Local unions shall not allow for write-in candidates for election to local union office
unless they have a provision in their constitution and by-laws explicitly allowing for the
same.

Local union officers shall be elected to terms of office to be determined by each local
union and set forth in its constitution or by-laws. Officers shall serve until the election
and installation of their successors unless relieved of their duties as provided in this
Constitution and By-Laws or as prescribed in the locals constitution or by-laws.

Vacancies occurring in local office because of death, resignation, incapacity or other
cause shall be filled for the unexpired term in such form or manner as may be
determined by local unions and set forth in their constitution or by-laws.
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Section 14. Salaries, Allowances and Expenses of Officers

Salaries, allowances and expenses of local union officers shall be determined and
established by the membership of the respective local unions.
Section 15. Election of Delegates and Alternates to Association Conventions

All delegates and alternates of local unions to conventions of this Association must be
elected by secret ballot vote of the members in good standing of the local union, and
the credentials presented by such delegates and alternates must so certify.

No International officer of this Association shall be eligible to be a delegate or alternate
from any local union, but all such officers shall be delegates-at-large at Association
conventions by virtue of their election as International officers as provided in this
Section 16. Authority and Duties of Officers

Local unions of the Association shall establish (subject to the requirements of Section 11
of this Article) such offices as they determine to be advisable for the conduct of their
affairs and prescribe the authority and duties of such officers in the locals constitution
or by-laws consistent with the provisions of this Constitution and By-Laws and
applicable law.
Section 17. Suspension of Officers of Local Unions

Officers of local unions may be suspended from office by the General President subject
to the conditions and requirements of Article XI of this Constitution and By-Laws.
Section 18. Forfeiture and Revocation of Local Union Charters and
Dissolution of Local Unions

Charters of local unions may be forfeited or revoked and local unions dissolved only in
compliance with the provisions of Article XII of this Constitution and By-Laws.
Section 19. Bonding of Local Union Officers and Employees

All officers and employees of each local union of this Association shall be bonded in such
amounts as may be required by the Board of Trustees and the General Secretary-
Treasurer in compliance with applicable law. The expense for the first $5,000 of bond
shall be borne by the International. Additional bond to cover affiliates who may require
a greater amount of bond may be obtained at the affiliates expense through the
Internationals bonding company.
Section 20. Misconduct, Charges, Trials, and Appeals

Except for nonpayment of dues, assessments, or other lawful charges as required under
this Constitution and By-Laws, no member of a local union guilty of misconduct as
defined in Article XV hereof shall be subject to reprimand, fine, suspension, expulsion or
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other discipline unless such member has been served with written specific charges as
required by Article XVI and given a reasonable time to prepare his defense and afforded
a hearing as provided by Article XVII of this Constitution and By-Laws.

Officers of local unions may be suspended from office by the General President as
prescribed in Article XI of this Constitution and By-Laws, or they may be suspended from
such office in accordance with lawful provisions of the local unions constitution or by-
laws, but their right to continue membership shall not be suspended nor shall they be
fined or disciplined other than removal from office except after written charges and
proceedings as above specified in the first paragraph of this Section.

Local union charters may become forfeited or be revoked and a local union dissolved
only as prescribed in Article XII of this Constitution and By Laws.
Section 21. Prohibition of Certain Loans and Payments of Fines

The membership of any local union shall not authorize, and no local union or officer
shall directly or indirectly make any loans to any officer or employee of the local union
which results in a total indebtedness on the part of such officer or employee to the local
union in excess of two thousand dollars ($2,000.00).

The funds of any local union shall not be obligated or used directly or indirectly to pay
prevent the assumption by any local union of the costs of defending the union or any
officer, agent, representative or employee thereof in any civil or criminal proceedings in
which they may become involved for alleged violations of law.

Upon request to the General President by any local union and after approval by the local
unions membership and upon clearance with and the approval of the Vice President of
the District in which such local is located, the International Association will render all
reasonable and possible assistance within its financial capabilities in the handling of
local disputes and grievances.

The IAFF shall work diligently to organize state, provincial and federal fire fighter
associations in those states, provinces or regions in which such associations do not now
exist.

All local unions of this International are urged to affiliate with their respective state,
provincial or federal fire fighters associations.

In keeping with the solidarity of the Trade Union Movement this International strongly
urges and encourages the affiliation of all local unions with state and provincial AFL-CIO
and CLC Associations and Local Councils.
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ARTICLE XIV STATE AND PROVINCIAL ASSOCIATIONS AND JOINT
COUNCILS

A majority of the local unions located in any one state, province or federal installation
may submit a proposal to charter a state or provincial association or joint council. Joint
councils shall be the state or regional subordinate organizations established and
chartered by the Association to represent fire fighters employed by the federal
government.

Local unions qualified to submit proposals for a charter as aforesaid may obtain a
charter application upon request from the International Vice President of the District in
which such state or provincial association or joint council is located. Such form shall be
answered in full and returned to the International Vice President accompanied by a
check or money order covering the established charter fee which shall be promptly
remitted to the General Secretary-Treasurer.

Following receipt of a proposal to charter a state or provincial association or joint
council, the International Vice President shall accept or reject said proposal subject to
approval of the General President to whom the charter application shall be transmitted
through the General Secretary-Treasurer at the time the charter fee is remitted. If the
proposal is rejected, the local unions filing the application shall be promptly notified of
such action by the General Secretary-Treasurer and the charter fee returned. Rejection
of such an application shall be without prejudice to the right of the local unions to
submit another proposal at a future date.

When such a charter proposal is accepted, the General Secretary-Treasurer shall
prepare the charter and send it to the International Vice President of the District
involved and send copies of this Constitution and By-Laws and other necessary supplies
to the person or persons designated for receipt thereof with appropriate notification to
all local unions affiliated in the state or provincial association or joint council. The
General Secretary-Treasurer shall also prepare a letter of instructions and information
to assist the said association or council in its initial organization and the International
Vice President of the District shall, either personally or through his authorized
representative, visit the newly chartered organization and provide such assistance as
may be necessary.

No per capita tax shall be charged state or provincial associations or joint councils on
members of chartered local unions affiliated with such associations or councils.
Section 3. Admission of Individuals to Membership in State or Provincial
Associations or Joint Councils, and Locals in Canadian Territories

In addition to their membership of affiliated local unions within the state, province or
federal installation, state or provincial associations or joint councils may admit to
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membership only individuals from cities and towns wherein statutes prohibit the
formation of a fire fighters local or wherein no local exists provided that such applicants
otherwise meet the qualifications for membership in this Association. The General
Secretary-Treasurer shall issue regular membership cards to all such individuals
admitted to membership marked State and City where such members are employed.
Provincial associations may also admit to membership an IAFF local situated in a
Canadian territory wherein no provincial association exists that borders the provincial
associations province.
Section 4. Payments of Fees and Per Capita Taxes on Individual Members of
State or Provincial Associations and Joint Councils

Each state or provincial association or joint council shall establish and collect sufficient
initiation fees and dues from each individual admitted to membership to permit
payment to the International of its established proportion of such fees and per capita
tax on such members as provided in Article VIII, and the Secretary of each such
organization shall remit the same by check or money order to the General Secretary-
Treasurer as in the case of local unions. All such members shall be subject to the same
requirements with respect to payment of dues, maintenance of good standing, and the
issuance of membership cards as provided for local unions.
Section 5. Government of State or Provincial Associations and Joint Councils-

Each chartered state or provincial association or joint council shall recognize, observe
thereof rendered by the General President as provided therein, decisions and directives
of the Executive Board or Officers of the Association, and the resolutions adopted and
policies established by the delegates at conventions.

Said associations or councils shall adopt a constitution and by-laws, or by-laws,
supplementary to the Associations Constitution and By-Laws which shall establish
procedures for the conduct of their internal affairs and business; provided, however,
that such constitutions and by-laws make express reference to the governing authority
of all applicable provisions of this Constitution and By-Laws, and particularly those
governing associations and councils as set forth in this Article, and provided, further,
that none of the provisions of such constitutions and by-laws shall be in conflict with any
of the provisions of this Constitution and By-Laws, and that prior to printing or issuance
all associations or councils constitutions and by-laws shall be submitted to the General
President for his/her approval.

State and provincial affiliates may choose to adopt either the most recent edition of
Roberts Rules of Order or Atwoods Rules for Meetings to govern their deliberations;
provided that, unless a state or provincial affiliates constitution explicitly states
otherwise, the president of such affiliate will have the final authority, subject only to
internal appeal to the International pursuant to Article XVIII of this Constitution and By-
Laws, to decide questions of parliamentary rules and questions involving interpretations
of the affiliates constitution and by-laws.
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State or Provincial Associations and Joint Councils shall amend immediately their
constitutions and by-laws to conform to amendments or changes to the Associations
Constitution and By-Laws. Any proposed amendments, revisions or modification to such
constitutions and by-laws shall likewise be submitted following adoption for approval by
the General President prior to printing and issuance.

In addition to the foregoing requirements, state and provincial associations and joint
councils shall submit to the General Secretary-Treasurer a current copy of their
respective constitution and by-laws before February 1, 2011, and every four years
thereafter. In all cases, whether for approval of changes or for quadrennial submission,
affiliates shall submit the constitution and by-laws in a searchable electronic format
acceptable to the IAFF.
Section 6. Delegates and Alternates to Conventions

Each state or provincial association or joint council shall be entitled to two delegates at
International Conventions, and such delegates and alternates shall be elected by secret
ballot in accordance with the procedure and requirements as theretofore provided in
Section 4 of Article IV.
Section 7. Election of Officers of State and Provincial Associations and Joint
Councils

In general, elections of officers of both state and provincial associations may be
conducted in the form and manner and in accordance with the procedures established
by the constitution and by-laws of such state and provincial associations with two
important exceptions: first, if a state association includes within its membership one or
more local unions composed in whole or in part of non-governmental employees of
private employers, such state associations shall comply with all nomination and election
requirements of Title IV of said law applicable to election of officers of intermediate
labor organizations; provided however, that this first exception shall not apply to
provincial associations; and second, any officers of either state or provincial associations
who are also elected as delegates to the International Convention may not participate in
the election of International officers at said convention unless they are separately
elected as delegates by secret ballot vote of the members in good standing of all local
unions comprising the state or provincial association as theretofore provided in Section
4 of Article IV of this Constitution and By-Laws.

Election of officers of joint councils shall be conducted in compliance with the
requirements of Title VII of the Civil Service Reform Act of 1978.

State and provincial associations and joint councils are encouraged to adopt a fair,
reasonable and legally acceptable provision in their by-laws or election rules to govern
resolution of a tie vote occurring in the final ballot of any election for office. In the
absence of such a provision, the winning candidate for office shall be selected by the
drawing of lots in the presence of both candidates. State and provincial associations
and joint councils shall not allow for write-in candidates for election to office within
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their association or joint council unless they have a provision in their constitution and
by-laws explicitly allowing for the same.

Initiation fees, reinstatement fees and monthly dues shall be established by the
membership of each state or provincial association or joint council, but such charges
shall be sufficient in amount to cover necessary expenses of the subordinate union and
permit payments to the International of its established proportion thereof as provided
in Article VIII.

Whenever increases in the established rates of initiation fees, reinstatement fees, dues
or assessments of state or provincial associations or joint councils are proposed, they
shall be adopted only after approval in accordance with the following procedure:

A. By majority vote of the delegates voting at a regular convention of such
association or council, or at a special convention held upon not less than
thirty (30) days written notice to each local union affiliated with said
association or council; or

B. By majority vote of all members in good standing of such association or
council voting in a membership referendum conducted by secret ballot;
or

C. By majority vote of the members of the Executive Board (or similar
governing body) of such association or council provided authority for
such action exists in the constitution or by-laws of said association or
council and provided that such increase by the Executive Board shall be
effective only until the next regular convention of the said association or
council.
Section 9. Bonding of Officers and Employees

All officers and employees of each state or provincial association or joint council of this
Association who handle funds or property of such association or council shall be bonded
in such amounts as may be required by the Board of Trustees and the General
Secretary-Treasurer in compliance with applicable law. The expense for the first $5,000
of bond shall be borne by the International. Additional bond to cover affiliates who may
require a greater amount of bond may be obtained at the affiliates expense through
the Internationals bonding company.

Upon request of any state or provincial association or joint council to the General
President for financial aid in the handling of disputes, grievances, or similar activities on
behalf of its membership, and after approval by such membership and upon clearance
with an approval of the Vice President of the District in which such association or council
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is located, the International Association will render all reasonable and possible
assistance within its financial capabilities.
Section 11. Organization of State and Provincial Associations

Effective August 9, 1982, the Association is authorized, through its appropriate officers,
to issue a charter establishing an organization of State and Provincial Associations
provided that a majority of existing state and provincial associations choose to unite in
such an organization. If such an organization is established, its authority under this
Constitution and By-Laws shall be subject to the following conditions and restrictions:

A. It may meet biennially in alternate years to the Associations convention.

B. It may adopt resolutions and a constitution and/or by-laws which are
subject to the approval of the Associations General President and not in
conflict with the Associations Constitution and By-Laws or its established
policies.

C. Through regularly elected delegates of state or provincial associations it
may present resolutions to the Associations conventions.
Section 12. Affiliation of Retired Fire Fighters

State and Provincial Associations shall amend their respective constitutions and/or by-
laws to allow affiliation of retired fire fighters for the purpose of political education and
political action.
ARTICLE XV MISCONDUCT AND PENALTIES
Section 1. Misconduct and Penalties

Except as otherwise provided in this Constitution and By Laws, any officer or member of
the Association, or of any local union, or of a state or provincial association, or joint
council, after charges, trial, and conviction of any of the following offenses, may be
reprimanded, fined, removed from office, suspended, or expelled as the evidence and
circumstances may warrant in the judgment of the officer or officers or legally
constituted tribunal by whom he/she is tried as hereafter provided in Article XVII. The
following shall constitute misconduct:

A. Refusal or failure without justifiable cause to comply with or abide by the
provisions of this Constitution and By-Laws, the valid decision of any
officer or officers thereof or the valid decisions of the Executive Board or
those of the Association convention, or the valid provisions of applicable
constitutions and by-laws of local unions, state or provincial associations
or joint councils.

B. Committing any act of fraud, embezzlement, larceny, or misappropriation
of any funds or property or other thing of value belonging to the
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Association or any local union or other subordinate body thereof, or
refusing, failing or neglecting to comply with the provisions of this
Constitution and By-Laws requiring a full and accurate accounting of all
funds, property, books, and records for examination and audit.

C. Libeling or slandering or causing to be libeled or slandered any officer or
member of the Association or of any local union or other subordinate
body thereof, except in the form of charges of misconduct properly filed
against an officer or member as provided by this Constitution and By-
Laws.

D. Failing, refusing or neglecting to appear, without proper cause, as a
prosecuting witness after filing charges against a member or officer of
this Association.

E. Advocating or encouraging any labor or any other rival organization, or
acquiring or maintaining membership in any such organization including
volunteer fire departments or associations.

F. Maintaining membership in, or engaging in any subversive activity in
support of any authoritarian, totalitarian, terrorist or other organization
which advocates the overthrow of the democratic forms of government
under which our members live.

G. Acquiring membership by fraud, false representation or deceit.

H. Filing false charges against any officer or member of the Association or of
any local union or other subordinate body of the Association; provided,
however, that it is understood that for the purposes of this provision
false charges are not merely charges of which an officer or member is
acquitted but rather charges which are filed recklessly or in bad faith
without substance, foundation, or reasonable basis of support.

I. Committing any physical assault upon any officer, member,
representative or employee of the Association or of any subordinate
body thereof while such person is engaged in the performance of his
duties for the International or subordinate unions.

J. Engaging in conduct detrimental to the best interests of the Association
or its subordinate unions which places or tends to place them in
disrepute with other labor organizations, employers, or the public.

K. Failure or refusal to abide by the rules of order or parliamentary
procedure established for the conduct of meetings of the Association, a
local union, or other subordinate body of this Association or at

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L. Conduct unbecoming a member of this Association; provided, however,
that utilization of this provision shall be valid only when the charges are
set forth in specific terms specifying the act or acts or conduct alleged to
be unbecoming a member.

M. Refusal or failure without good reason to accept service of charges and
stand trial on such charges.

N. Working a secondary job part-time, paid on call, volunteer or otherwise
as a firefighter, emergency medical services worker, public safety or law
enforcement officer, or as a worker in a related service, whether in the
public or private sector, where such job is within the work jurisdiction of
any affiliate or which adversely impacts the interests of any affiliate or
the IAFF. Upon a finding of guilt of working a secondary job in violation
of this subsection, it is recommended that the penalty include
disqualification from holding office in any affiliate and/or expulsion from
membership for the period that the misconduct persists. Charges filed
for the misconduct described in this subsection shall be preferred by a
member of the charged partys local and/or a member of an adversely
affected affiliate.
Section 2. Rival Organizations

With the approval of the Executive Board the General President may appoint a five (5)
member Executive Board Committee to investigate and determine if the charges against
any outside organization warrant the declaring of the term rival organization, and
report the committees recommendation to the full Executive Board. An outside
organization may be declared a rival organization by two-thirds (2/3) vote of the
Executive Board.

Upon receipt of a request by the charging party involved or by an affiliate of the
Association to remove the declaration of rival organization from an outside
organization, the Executive Board must consult with all parties involved and may vote to
revoke the designation of rival organization by a two-thirds (2/3) majority vote;
provided, however, that if the charging party is deceased or the charging affiliate is
dissolved, the Executive Board may of its own motion consider revoking a declaration of
rival organization.
ARTICLE XVI CHARGES
Section 1. Who May Prefer Charges; Statute of Limitations; Multiple Charged
Parties

Any member in good standing may prefer charges of misconduct as defined in Article XV
against any officer or member of the Association or of any of its subordinate unions.
Charges must be filed within six (6) months from when the charging party either knew
or should have known of the alleged misconduct. The charging party or parties may
name up to seven (7) charged parties in any set of charges alleging the same
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misconduct, in which case such charges will be adjudicated as a single trial board
proceeding.
Section 2. Form of Charges

All charges shall be preferred in the following way:

A. Be in writing.
B. Be signed by the party or parties preferring same.
C. Contain a statement of the facts out of which such charges originated
and set forth the specific act or acts alleged to constitute misconduct, the
dates, places, and persons involved.
D. State the nature of the violation or violations alleged.
E. Refer to the Articles and Sections of this Constitution and By-Laws, the
constitution or by-laws of the subordinate union, the established policies,
decisions, rules or regulations or other governing laws which it is alleged
have been or are being violated.
Section 3. Notice of Charges Against Officers or Members of Local Unions,
State or Provincial Associations or Joint Councils

Notice of charges against any officer or member of a local union or other subordinate
organization of this Association shall be sent by the officer or member preferring the
charges by certified mail with return receipt where available, and if not available, then
by registered mail to the local union, association or joint council with which the accused
is affiliated, and a copy sent by certified mail with return receipt where available, and if
not available, then by registered mail to the accused. Upon request of the party
preferring the charges, the Vice President of the District concerned or his/her designee,
not to include the person preferring the charges, shall serve the charges by hand-
delivery on the accused and must testify to the date, time and location of the service
before the local trial board convened to hear the charges.

Notice of charges shall also be contemporaneously filed, using the same manner as
outlined above, upon the General Presidents office, as well as upon the Vice President
for the District or Districts encompassing the local, association or joint council of each of
the parties to the case. Such notice shall also be provided to the state or provincial
association, to the extent that any of the parties to the charges are members of locals
belonging to the state or provincial association. Failure to accomplish such notice shall
be grounds for dismissal of the charges.
Section 4. Notice of Charges Against Association Officers

Notice of charges against any officer of the International shall be sent by the member
preferring the charges by certified mail with return receipt where available, and if not
available, then by registered mail to the General Secretary-Treasurer for delivery by
him/her after duplication of sufficient copies to each member of the Executive Board,
and by sending by certified mail with return receipt where available, and if not available,
then by registered mail a copy of said charges to the accused. If the General Secretary-
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Treasurer is the party accused, the original of the charges shall be sent to the General
President for delivery to the members of the Executive Board as aforesaid.

Where charges are filed against either the General President or General Secretary-
Treasurer of the Association, notice and a copy of such charges shall be sent to all local
unions of the Association. Where charges are filed against an International Vice
President or Trustee, notice and copy of the charges shall be sent to all local unions in
the Vice Presidents District or Trustees Region. In the event charges are filed against
any Department Head of the International, notice and a copy of the charges shall be
sent to all local unions of the Association.
Section 5. Pre-Trial Review Boards

A charged party, including any International officer, may request a Review Board to
make an initial determination whether charges are frivolous, retaliatory, or de minimis.
A request that the General President convene a Review Board at the next meeting of the
IAFF Executive Board must be mailed to the General President and the District Vice
President no later than thirty (30) days after service of the charges, with a copy of the
request mailed contemporaneously to the charging party or parties. The party
requesting a Review Board must include a statement with the request affirming that a
copy of the request has been sent to the charging party or parties, and list the names
and addresses to whom a copy of the request has been sent. The request must be filed,
in writing, no later than thirty days after service of the charges, with the General
President to convene a Review Board at the next meeting of the IAFF Executive Board.
Any party wishing to submit a written statement related to a Pre-Trial Review Boards
consideration of a case must do so by ensuring that a copy of such statement is actually
received by the General Presidents office, either by regular or overnight mail, facsimile
or e-mail transmission, no later than fifteen (15) calendar days (effective October 1,
2010, thirty [30] calendar days) prior to commencement of the Executive Board meeting
at which the Pre-Trial Review Board will be held. In cases where the request for Pre-
Trial review is received less than (15) calendar days (effective October 1, 2010, thirty
[30] calendar days) prior to the next Executive Board meeting, then the matter will be
heard at the following Executive Board meeting, unless all of the parties involved agree
otherwise. If the General President is involved as a party, the General Secretary-
Treasurer shall be the person to convene a Pre-Trial Review Board. If the General
President and General Secretary-Treasurer are both involved as parties, the
International Vice President who is selected by the General President and approved by
the parties shall convene a Review Board. The General President shall establish panels
of four IAFF Vice Presidents in adjacent geographical districts to review charges arising
from those four districts. No Vice President can sit on a Review Board for a charge
arising from his/her District. Those Vice Presidents who serve on a pre-trial Review
Board will be excluded on further appeals process in the same case. The pre-trial
Review Board has the authority to dismiss the charges if it concludes, after review of
written submissions by all parties, that they are frivolous, retaliatory, or de minimis. At
the conclusion of the review, if the Review Board determines that a charge should go to
trial, a Trial Board must be convened within one hundred and twenty (120) days of the
decision. There shall be no appeal from the Review Boards decision.
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ARTICLE XVII TRIALS
Section 1. Trials of Officers or Members of Local or Other Subordinate Unions

A. Whenever charges are preferred against an officer or member of a local union
or an officer or individual member of a state or provincial association or joint
council (hereinafter referred to collectively as subordinate unions), the
accused shall be tried within one hundred twenty (120) days by a trial board
selected and appointed as hereinafter provided by the president of the local
or other subordinate union unless he/she is directly involved as a party,
witness, or otherwise, in the conduct giving rise to the charges. (If the charged
party requests a Review Board pursuant to Article XVI, Section 5, then the 120
day period shall run from the date of the decision by the Review Board.) If the
president is so involved, the secretary-treasurer (or corresponding executive
officer) of the subordinate union shall appoint the members of the trial board.
If the secretary-treasurer (or corresponding executive officer) is also so
involved, the General President shall designate the Vice President of the
District in which the subordinate union is located as the appointing officer of
the trial board.

The appointing officer shall submit names of seven (7) members in good
standing of the subordinate union to the accuser, of which the accuser shall
reject two (2), and then shall submit the remaining five (5) to the accused, of
which the accused shall reject two (2), with the remaining three (3) thus
appointed as the trial board; provided, however, that if 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, or, in the event the required number of members of a
local or other subordinate union refuse to serve as members of a trial board,
in either of these events the Vice President of the District in which the charges
arose shall submit the names of seven (7) members in good standing of a
neighboring local union or neighboring local unions within the District to the
accuser, of which the accuser shall reject two (2), and then shall submit the
remaining five (5) to the accused, of which the accused shall reject two (2),
with the remaining three (3) thus appointed as the trial board; provided,
further, however, that the decision of the trial board consisting of members of
a neighboring local or locals shall be deemed to be the decision of the local
union in which the charges arose, the reasonable costs of which shall be borne
by such local union and the decision of the trial board reported to such local
union.

In the event that neither the local president nor the secretary-treasurer (or
corresponding executive officer) have either submitted the names of seven (7)
members of the subordinate union to the accuser, or notified the General
President that they are sufficiently involved so as to preclude them from doing
so, within thirty (30) days of their receipt of the charges, then the General
President shall be authorized, upon request by any party to the case, to
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designate the Vice President of the District in which the subordinate union is
located as the appointing officer of the trial board.

The accuser shall make his/her selection no later than seven (7) days following
the submission of the names by the appointing officer, in the absence of
which the appointing officer shall strike two names; thereafter the appointing
officer shall submit the remaining five (5) names to the accused, who shall
make his/her selection no later than seven (7) days following the submission
by the appointing officer, in the absence of which the appointing officer shall
designate the three (3) members of the trial board.

In cases where there is more than one accuser and/or accused, an effort will
be made to obtain agreement among each group of accusers and/or accused
to strike two (2) names. In the absence of agreement among a group of
accusers and/or accused, the appointing officer shall strike two names by lot.

If charges are preferred by an International officer or officers against an officer
or member of a subordinate union, the trial shall be conducted by members of
the Executive Board of the Association who shall be designated as provided in
Section 2 of this Article.

In all cases where the appointing officer selects the names of seven (7)
members to be submitted to the accuser and the accused, such members shall
be chosen by a random, computerized process established and carried out,
upon request of the appointing officer, by the General Secretary-Treasurers
office.

B. The General President, at the request of the charging or charged party, or the
local that is responsible for conducting the trial board, may appoint
Representatives to preside over and assist local trial boards by ruling on
procedural matters but not making a decision on the merits. The cost of these
Representatives including travel, lodging, meals, and per diem shall be paid by
the local where the case arose or as determined by the General President.
Section 2. Trials Before International Trial Board

Whenever charges are preferred by or against an International officer of the
Association, the accused shall be tried within one hundred twenty (120) days before a
trial board of three (3) members of the Executive Board to be selected and appointed in
the following manner by the General President unless he/she is directly or indirectly
involved in the conduct giving rise to the charges in which case the General Secretary-
Treasurer shall act as the appointing officer; provided, however, that in the event both
the General President and the General Secretary-Treasurer are so involved in the
conduct giving rise to the charges, the remaining members of the Executive Board not
so involved by majority vote shall designate one of its members not so involved as the
appointing officer. (If the charged party requests a Review Board pursuant to Article XVI,
Section 5, then the 120 day period shall run from the date of the decision by the Review
Board.) The appointing officer shall submit the names of seven (7) members of the
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Executive Board to the accused of which the accused shall reject four (4), the remaining
three (3) to constitute the International Trial Board.

The accused shall make his selection no later than seven (7) days following said
submission at the expiration of which time in the absence of election by the accused the
appointing officer shall designate the members of the International Trial Board.

In the event that charges preferred against an International officer are of such a nature
as to require immediate summary action to safeguard the interests of the Association,
such as those involving larceny, embezzlement, unlawful conversion of Association
funds or property of the like, the International Trial Board shall immediately refer the
matter to the Executive Board. If the majority of the Executive Board (less any member
or members disqualified because he/she or they are involved in the charges) decide,
after review of the charges and any investigation it considers necessary, that the
charges are not frivolous or lacking in substance and are of such a nature as to require
immediate summary action to protect the funds or property of the Association, it is
empowered to and shall immediately suspend the accused officer or officers from any
further duties or authority on behalf of the International pending completion of the trial
by the International Trial Board. Thereafter, the trial shall proceed as hereafter provided
in this Article, and the vacancy in the office of the suspended officer shall be filled
temporarily as provided in Section 5 of Article V. If the accused is acquitted of the
charges, he/she shall be immediately reinstated in office upon such acquittal.
Section 3. Disqualification for Cause and Procedure for Replacing Trial Board
Member Unable to Serve

No name submitted for selection as a member of a trial board shall be that of anyone
directly or indirectly involved as a party, witness, or otherwise, in the conduct giving rise
to the charges, and in the event any of the members are so involved they shall be
disqualified to sit as a member of the trial board, and the appointing officer shall submit
three (3) additional names to the accuser, who shall strike one (1), and shall submit the
remaining two (2) to the accused, who shall strike one (1), and the remaining member
shall sit as a substitute member. The accused and accuser shall in all cases each have
seven (7) days to make their respective strikes after said submission failing which the
appointing officer will designate the substitute member. The procedure described
herein shall also apply to replace an individual selected by the accused to serve on a trial
board who is unable or unwilling to serve on the trial board for any reason.
Section 4. Chairperson of Trial Board

Prior to proceeding with the trial, the members of the trial board shall elect one of their
group as chairperson. The Chairperson shall preside at the trial and rule upon all
questions and points of order.

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Section 5. Absence of Trial Board Member from Session

It shall be the duty of each member of a trial board to attend all sessions of the trial. In
the event that a member is unavoidably absent from a session of the trial, it may
proceed provided a majority of the trial board members are present.

Thereafter, the absent member shall remove himself/herself from the trial board and
may not participate in any further proceedings or in the findings or decision of the trial
board.
Section 6. Rules for the Conduct of the Trial

Except as otherwise provided herein, trial boards may promulgate their own set of rules
for the conduct of the trial formulated in consultation with both the accused and
charging party or parties and distributed to them in writing at least fifteen (15) days
prior to the commencement of the trial. Additional rules of procedure may be
determined by a trial board during the course of a trial if situations not covered by the
rules adopted should occur.

A simple manual of trial procedure will be prepared by the International and made
available to each of its affiliates for assistance and guidance in conducting the trial. The
trial board shall have the authority prior to receiving testimony and other evidence to
entertain a motion to dismiss the charges in a case without further trial on the ground
that such charges are patently frivolous or lacking in substance or otherwise subject to
dismissal without the necessity of testimony or other evidence. If the trial board is
satisfied after hearing argument for and against motion to dismiss that the motion is
well taken, it shall dismiss the charges and the trial shall be concluded.

Unless otherwise agreed by the accused, the trial shall be held at the city or town in
which the accused is employed or in an adjacent city or town if the trial board
chairperson determines that it is more appropriate for the proper functioning of the
trial. It shall be held within one hundred twenty (120) days after the receipt of charges
by the accused and not less than two (2) weeks after notification to the accused of the
composition of the trial board and the date and place of trial. If the charged party
requests a Review Board pursuant to Article XVI, Section 5, then the 120 day period shall
run from the date of the decision by the Review Board. If a trial board should fail for
any reason to convene within the time period prescribed in this Section for the
commencement of the trial, it shall be dissolved and a new trial board constituted by
the appointing officer and convened within the time limits herein required.

Each party to the case shall have the privilege of designating any person, including any
member in good standing of the Association except a member of the trial board or other
member involved in the proceedings to act as his counsel in the trial proceedings.

It is the intention of the Association to discourage the appearance of lawyers in these
hearings, and legal formalities shall not control the proceedings.

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For good cause shown the accused or party preferring charges may request a
postponement of the date set for trial. Such motion shall be addressed to the
Chairperson of the trial board and shall be subject to approval or rejection within the
discretion of the members of the trial board.

Either party may be granted a postponement, for a reasonable period of time, of a trial
at the discretion of the trial board if a showing is made that there is a concurrent court
or administrative agency case involving substantially the same issues and parties and
that continuation of the trial board may prejudice the rights of either party. The trial
board may postpone the trial either on request or on its own motion. A party may
appeal a denial or grant of such a motion within ten (10) days to the General President.
Such appeal shall be sent to the General President by certified mail with return receipt
where available, and if not available, then by registered mail. The General President
shall issue a decision no later than ten (10) days after receipt of the appeal. Such
decision shall be final and binding on all parties.

Upon request by the accused, the trial shall be open to such members of the Association
who desire to attend and the trial board shall so provide in its rules for the conduct of
the trial.

Each trial board shall have the option either to select a qualified stenographer to take
the official verbatim transcript of the trial proceedings or record such proceedings
electronically. In the event electronic recordings are utilized, the trial board shall also
designate one of its members to take official minutes of the proceedings. All documents
or other items offered as exhibits shall also be preserved by the trial board as a part of
the record. If an electronic recording is used, either the accused or charging party shall
be permitted to listen to it subsequent to the trial under the supervision of a member of
the trial board and if either of such parties decides to take an appeal from the decision
of the trial board, a transcription of the electronic recording shall be made. A copy of
the official minutes and transcripts shall be furnished upon request to either party to
the case without charge.

Should the accused fail to appear for trial after due notice, or should he/she appear but
refuse to comply with the rules for the conduct of the trial prescribed in this
Constitution and By-Laws or formulated by the trial board, or should he/she engage in
conduct designed to obstruct his/her trial, then in that event the trial board shall
proceed to conduct the trial in his/her absence. The accused, the party preferring
charges, counsel for either party, or any witnesses or spectators who are guilty of
misconduct before the trial board, at the discretion of the Chairperson of the trial board,
shall be excluded thereafter from the trial proceedings and the trial shall continue in
their absence.

After all evidence has been presented and arguments made by all parties or their
counsel, the trial board shall conclude the trial and, as soon as may be practicable,
assemble for consideration of its decision.

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Section 7. Decision of Trial Board

The decision of the trial board shall be by majority vote of its members, shall be reduced
to writing, and shall contain a statement of the pertinent facts involved, the violations
charged, reference to all relevant Articles and Sections of this Constitution and By-Laws
or other governing laws involved, a pronouncement of the guilt or innocence of the
party charged, and the penalty to be imposed in the event the verdict is one of guilt
which shall be reprimand, fine, suspension from office, or suspension or expulsion from
membership.

When the charges are deemed frivolous, de minimis, or retaliatory by a decision of the
trial board, all costs associated with the trial board, including attorney expenses, shall
be borne by the charging party. Failure of the charging party to pay the costs and
expenses of a convened trial board, within sixty (60) days from the date of the decision
and any decision on appeal, shall result in suspension of the charging party until such
time that all costs are paid in full.

All decisions of trial boards shall be rendered within sixty (60) days from the
commencement of the trial; provided, however, that this time may be extended by the
Board for good cause shown with the consent of both the accused and the charging
party or parties.
Section 8. Disposition of Decision of Local and Other Subordinate Union Trial
Boards

A. Local Unions. Decisions of local union trial boards shall be submitted to
the secretary of the local union and shall be read at the next regular
meeting. Decisions of the trial board shall be final and binding unless
reversed or modified upon appeal as provided for in Article XVIII, Sections
2, 3, 4, 5, 6, and 7 of this Constitution and By-Laws. The chairperson of
the trial board shall transmit a copy of the trial boards decision to the
General Presidents office and the District Vice President as soon as is
reasonably possible.

B. State and Provincial Associations and Joint Councils. Decisions of trial
boards of state and provincial associations and joint councils shall be final
and binding unless reversed or modified upon appeal as provided in
Article XVIII. The chairperson of the trial board shall transmit a copy of
the trial boards decision to the General Presidents office and the District
Vice President as soon as is reasonably possible.
Section 9. Disposition of International Trial Board Decision

The decision of an International Trial Board shall be final and binding unless reversed or
modified on appeal as provided in Article XVIII. All decisions of International Trial Boards
shall be submitted to the General Secretary-Treasurer.
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Section 10. Service of Decisions

Copies of the decisions of all trial boards shall be sent by certified mail with return
receipt where available, and if not available, then by registered mail to the parties
involved by the secretary of the local or subordinate union or by the General Secretary-
Treasurer as the case may be.
Section 11. Further Proceedings

Either party to a case may appeal from the decision of any subordinate union trial board
or International Trial Board in accordance with the provisions of Article XVIII.

Section 12. Trial Board Costs

In the case of charges between members of different locals, and in the absence of an
agreement, the General President may impose costs for the conduct of the trial upon
any local whose members are involved in the proceedings. To the extent possible, the
General President will divide the costs equally between all locals involved unless he
determines that fairness and equity warrant higher costs being imposed upon one or
more locals or on the non-prevailing party or parties or local. The reasons for the cost
allocations shall be discussed in a written decision by the General President. Appeal of
the General Presidents decision may be made to the Executive Board.
ARTICLE XVIII APPEALS

Except as otherwise provided by this Constitution and By-Laws such as in the case of
automatic suspension of members for failure to pay dues or automatic forfeiture of
subordinate union charters for failure to pay per capita taxes, any final order or decision
of a local union or other subordinate union or of a legally constituted tribunal thereof or
any decision or order of any International officer or officers or of the Executive Board or
any legally constituted tribunal of the Association shall be appealable.
Section 2. Who May Appeal

Any member in good standing or any local union or other subordinate union of this
Association adversely affected by any order or decision as aforesaid may take an appeal
as hereinafter provided.
Section 3. Appeals to the General President

Except when he/she is directly involved in the order or decision from which appeal is
taken, all appeals shall be referred initially to the General President for review and
decision.

Appeals shall be in writing, shall be made within thirty (30) days from the receipt of the
order or decision from which appeal is taken, and shall be sent by certified mail with
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return receipt where available, and if not available, then by registered mail to the
headquarters of the General President. The appealing party must clearly label any
correspondence intended to serve as an appeal by writing or typing the word APPEAL
on the cover page of any such correspondence and on the envelope in which it is sent.
Copies of the appeal shall be sent by certified mail with return receipt where available,
and if not available, then by registered mail to the adverse party (in the case of trial
board decisions) or to the party whose order or decision is being appealed. The party
filing the appeal must include a statement in the appeal affirming that a copy of the
appeal has been sent to the adverse party or the party whose order or decision is being
appealed, and list the names and addresses to whom a copy of the appeal has been
sent. The opposing party or party whose order or decision is being appealed must also
affirm that a copy of the opposing statement has been sent to the appealing party as
part of the opposing statement.

The appeal shall contain a resume of the facts, the decision or order involved, and such
argument (but no new evidence in the case of appeals from trial board decisions) as the
appealing party deems necessary for the proper consideration of the appeal. Upon
receipt of the appeal, the General President shall secure from the custodian thereof the
official record of the trial and action of the trial board and local union (if any) and shall
review such proceedings and decisions in his/her consideration of the appeal.

Upon receipt of a copy of the appeal, the opposing party or party whose order or
decision is being appealed may file a statement in opposition with the General President
accompanied by such statement and argument (but no new evidence in the case of
appeals from decisions of trial boards) as such party may consider necessary for proper
consideration of the opposing position. Such opposing statement shall be sent by
registered mail within thirty (30) days after copies of the appeal have been received,
and a copy of such statement shall be sent by certified mail with return receipt where
available, and if not available, then by registered mail to the appealing party.

After the appeal and opposing statement (if any) are received, the General President
shall render his/her decision on the appeal in writing within a reasonable time
compatible with his/her other duties and obligations but no later than sixty (60) days
thereafter, and shall send copies of such decisions by certified mail with return receipt
where available, and if not available, then by registered mail to all parties in interest.
He/She shall have the authority to affirm, reverse, or modify the order or decision
appealed from and, in the case of an appeal from a trial board decision, he/she may also
change or modify any penalty imposed or remand the case to the local union or trial
board for further proceedings consistent with his/her decisions.

Decisions of the General President on appeals shall be final and binding unless a further
appeal is taken as provided herein.
Section 4. Appeals to the Executive Board

The Executive Board shall entertain two classes of appeals as follows:

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A. All original appeals which the General President is disqualified to decide
as provided in Section 3 of this Article, by reason of being involved as the
party issuing the order or decision from which appeal is taken or by being
the accused, shall be taken initially to the Executive Board and addressed
to the General Secretary-Treasurer and shall be filed within thirty (30)
days from the receipt of the order or decision from which appeal is taken.
The Executive Board shall receive the Appeal, opposing position, and
record of the trial (if a trial board decision is appealed) in accordance
with the procedure heretofore prescribed in Section 3 of this Article
governing appeals to the General President, and the Board shall render
the original decision on appeal; and

B. Any party in interest who is dissatisfied with the decision of the General
President on appeal may make a further appeal from such decision to the
Executive Board within thirty (30) days after receipt of a copy of the
General Presidents decision on appeal. Such appeal shall be sent by
certified mail with return receipt where available, and if not available,
then by registered mail to the General Secretary-Treasurer and copies
similarly mailed to all other parties in interest. The party appealing shall
file a brief statement of the reasons why the General Presidents decision
on the prior appeal should be reversed by the Executive Board and may
submit in written form, by memorandum or brief, such detailed
argument as he/she desires in support of his/her reasons for seeking
reversal. He/She shall also attach a copy of the General Presidents
decision from which appeal is taken. A copy of all such appeals and
accompanying papers shall be sent by certified mail with return receipt
where available, and if not available, then by registered mail by the party
appealing to the opposing party or parties at the time the appeal is
transmitted to the Executive Board. Such opposing party or parties may
file a statement in opposition to the appeal with the Executive Board
within thirty (30) days after a copy of the appeal and supporting papers
have been received together with such memorandum or brief in support
of the opposing statement as may be desired. A copy of such statement
and supporting papers shall be sent by certified mail with return receipt
where available, and if not available, then by registered mail to the
appealing party at the same time the opposing statement is mailed to the
Executive Board through the General Secretary-Treasurer.

After receipt of appeals and opposing statements as aforesaid, the General Secretary-
Treasurer shall make available to the Executive Board the entire record in the case
which shall include the written appeal, opposing statement (if any), all prior appeals and
decisions, all supporting statements and arguments filed with such appeals and (in the
case of appeals from decisions of trial boards) the complete record of the Trial. The
General Secretary-Treasurer shall also notify the parties to the appeal by certified mail
with return receipt where available, and if not available, then by registered mail of the
date the appeal has been referred to the Executive Board for review and decision.

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Upon receipt of the appeal and all accompanying papers, the Executive Board shall
review the entire record in the case and shall reach decision by majority vote of those
members of the Executive Board participating, which decision shall be rendered in
writing within a reasonable time compatible with the other duties and obligations of the
members of the Board but no later than ninety (90) days after the receipt of all papers
on the appeal from the General Secretary-Treasurer. Such decision may affirm, reverse,
or modify the decision or order from which appeal is taken and, in the case of decisions
in disciplinary cases originating with trial boards or local unions, may change or modify
the penalty imposed or remand the case to the local union or trial board for further
proceedings consistent with the decision on appeal of the Executive Board. Copies of all
appeal decisions by the Executive Board shall be sent to all parties in interest by
registered mail.

If, in the judgment of the Executive Board, it is desirable to hear the parties to an appeal
on oral argument in further support of their positions, the Board may schedule a hearing
for such purpose at a time and place to be set by it and shall advise the parties
accordingly, but otherwise no right of the parties to have an oral hearing or argument in
support of their positions shall exist.

The decision of the Executive Board shall be final and binding subject to further appeal
to the International convention as hereafter provided.

Any party qualified to take an appeal under Section 2 of this Article who is adversely
affected by any order or decision originating with the Executive Board from which
appeal may be taken under this Constitution and By-Laws may appeal to the
International Convention, or any party in interest who is dissatisfied with the decision of
the Executive Board on an appeal may further appeal the matter to the International
Convention, by sending notice of such intent to appeal to the General Secretary-
Treasurer within thirty (30) days after receipt of a copy of the Executive Boards decision
or order or decision on appeal. Such notice shall be sent by certified mail with return
receipt where available, and if not available, then by registered mail and a copy thereof
similarly mailed to the other party or parties in interest.

Appeals may also be taken directly to the International Convention by any subordinate
union whose charter has been forfeited or revoked by the General President after
approval of the Executive Board as provided in Article XII of this Constitution and By-
Laws.

Upon the convening of the next regular convention of the Association all appeals from
appeal decisions of the Executive Board, or appeals from original decisions or orders
originating with the Executive Board, or appeals from charter revocations shall be
referred to the Committee on Grievances and Appeals of the convention. The General
Secretary-Treasurer shall transmit the entire record of each appeal taken as aforesaid
for review by this Committee.

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The Grievances and Appeals Committee shall review the entire record in each appeal
and shall permit, upon request, parties in interest to appear before it accompanied by
counsel of their choosing in support of their positions on appeal. The Committee shall
allow such parties to make an oral argument and file written statements and argument
but shall receive no new evidence.

After hearing the parties and reviewing the entire record of each appeal submitted to it,
the Grievances and Appeals Committee shall prepare a separate written report on each
case recommending affirmance, reversal, or modification of the decision from which
appeal is taken including any penalties imposed. Such reports shall be read separately to
the delegates of the International Convention by the Chairperson of the Grievances and
Appeals Committee. At the conclusion of each report, the delegates of the convention
shall by majority vote sustain, reverse, or modify the recommendations of its
committee.
The decision of the International Convention on any appeal shall be final and binding.

No appeal shall be recognized or considered unless the party filing the appeal has
accepted and complied with the requirements of any decision or order from which an
appeal is taken; provided, however, that if the General President or the International
Executive Board concludes that for good cause shown, including possible irreparable
injury, compliance in a particular case should be stayed in order to prevent such injury
from occurring during the pendency of the appeal, such compliance may be stayed or
modified by the General President with respect to appeals submitted to him/her or by
the Executive Board with regard to appeals submitted to it or to the International
Convention; and provided, further, that in all disciplinary cases where fines in excess of
fifty dollars ($50.00) are imposed, fifty dollars ($50.00) shall be required to be paid no
later than fifteen (15) days after the thirty (30) days appeal period as a condition of any
proper appeal from the decision under which such fine was imposed.
Section 7. Appeal to Courts of Law or Other Civil Authority

No officer or member or subordinate union of this Association shall resort to any court
of law or equity or other civil authority for the purpose of securing an opinion or
decision in connection with any alleged grievance or wrong concerning any case arising
within the Association or any of its subordinate unions until such party shall have first
exhausted all remedies by appeal or otherwise provided in this Constitution and By-
Laws not inconsistent with applicable law for the settlement and disposition of such
alleged rights, grievances or wrongs.

The General President, the Executive Board and the International Convention are
hereby empowered to refuse or defer consideration, or to refuse, defer or withhold
decisions in any matter pending in any court of law as circumstances in their judgment
may warrant and justify.

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In the event of noncompliance by a member with a final decision handed down by a trial
board or appellate body, the Executive Board may suspend from all privileges of the
Association such member until the provisions of the decision have been complied with.
ARTICLE XIX WORK JURISDICTION DISPUTE RESOLUTION
PROCEDURES
Section 1. Principles

The principles set forth in this Article shall be applicable to affiliates of this Association.

Each affiliate shall respect the established work relationship of every other affiliate. For
purposes of this Article, the term established work relationship shall be deemed to
exist as to any work of the kind which the members of an affiliate have customarily
performed at a particular work site, whether their employer is a city, county or other
governmental agency or private company, and shall include any work performed under
a mutual aid agreement that has the approval of the affected affiliates.

No affiliate shall by agreement or collusion with any employer or by exercise of
economic pressure seek to obtain work for its members where an established work
relationship exists with any other affiliate, except to recover work previously performed
within its jurisdiction by its members or with the consent of such other affiliate. For a
period of five (5) years from the date an affiliate loses work to another affiliate, the
original affiliate shall be entitled to initiate actions to recover that work without
collusion and/or interference from any other affiliate.
Section 3. Outside Arbitrator Use

Upon request by an affiliate, the General President shall determine whether or not a
work jurisdiction dispute exists between two or more affiliates requiring the use of an
outside arbitrator to resolve the matter. There shall be no appeal from the General
Presidents decision to submit a jurisdictional dispute to arbitration. If the General
President rejects a request for arbitration, the decision is appealable only to the
Executive Board to be heard at their next regular meeting. After consultation with the
General President and after review of written submissions of the parties, the Executive
Board shall issue a decision affirming or denying the General Presidents decision.
Section 4. Determination of a Work Jurisdiction

Upon determination that a work jurisdiction dispute exists between two or more
affiliates, the General President by lottery shall select an arbitrator for U.S. affiliates
from a regional list of fifteen (15) names provided by the American Arbitration
Association and for Canadian affiliates from a list of fifteen (15) names provided by the
Labor Minister for the province or territory concerned, or from a list provided by mutual
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agreement of the affiliates. The arbitrator shall have the authority to schedule deadlines
for all necessary actions, including the receipt of documents, and to schedule
appropriate hearings that shall be conducted according to procedures of the American
Arbitration Association, or in accordance with the applicable provincial labor code
concerning arbitration procedures, as appropriate, except that the deadline for the
submission of documents shall not exceed fifteen (15) days from the appointment of the
arbitrator, and the arbitrators final decision shall be issued no later than forty-five (45)
days from the closing of written and oral arguments. The arbitrator in coming to his/her
decision shall review the written arguments, oral testimony, and written evidence
submitted by each party to the dispute, as well as reviewing any arguments or evidence
that may be submitted by the General President or the relevant District Vice President.

In deciding the dispute, the arbitrator is bound by the definition of work jurisdiction
contained in this Constitution and By-Laws, by the current jurisdictions of the affiliates
involved as stated in their constitutions and by-laws, by the affiliates charters, by any
written agreement between the affiliate(s) and the Association, by past practice, and by
the written arguments and evidence submitted by the parties. The arbitrator may also
consider any relevant labor laws or regulations, or labor board certifications. The
arbitrator shall not be bound by any other decisions involving work jurisdiction disputes
between affiliates. Each case must be decided on its own merits. It shall be within the
arbitrators authority to issue a report to the Executive Board.

The IAFF Executive Board shall review the arbitrators report, and they shall have the
authority to announce the jurisdiction of affiliates and to reassign members to a
particular local, when members are found by the arbitrator to have been improperly
admitted to another local. If the Executive Board is unable to reassign members due to
applicable laws, then the Executive Board may impose a penalty of up to one years
dues for members lost by the local whose jurisdiction has been violated. The Executive
Board may also levy reasonable fines or assessments on any affiliate found to have
violated the jurisdiction of another affiliate. All fines and assessments shall be
considered a part of a locals financial obligation for purposes of representation at the
International Convention under Article IV, Section 2, and are payable to the local whose
jurisdiction has been violated. The Executive Boards decision is final and binding with
no further appeal.
Section 7. Costs Imposed by the General President

In the case of a work jurisdiction dispute between affiliates, and in the absence of an
agreement, the General President may impose costs for the conduct of the hearing
upon any affiliate that is involved in the proceedings. To the extent possible, the
General President will divide the costs equally between all affiliates involved unless
he/she determines that fairness and equity warrant higher costs being imposed upon
one or more affiliates or on the non-prevailing affiliate(s). The General President shall
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discuss the reasons for the cost allocations in a written decision. Any appeal of the
General Presidents decision shall be made to the Executive Board only.
ARTICLE XX AMENDMENTS AND CONVENTION RESOLUTIONS

Amendments to this Constitution and By-Laws or resolutions for convention action may
be submitted only by local unions, state and provincial associations or joint councils of
this Association, or by its International officers or the Executive Board, or by the
delegates at International Conventions as hereafter provided.
Section 2. How Proposed and Adopted

Amendments or resolutions proposed by a local union, state, provincial association,
joint council or by International officers or by the Executive Board shall be subject to
adoption by a majority vote of the delegates present and voting at a biennial
convention. All such amendments or resolutions to be considered by any convention of
this Association (including the IAFF /Canada) must be received by the General Secretary-
Treasurer no later than 50 days immediately preceding the opening of the convention
and no later than 5 p.m. EDT of the cut-off date in order that all such amendments and
resolutions may be printed in the Associations official publication for distribution to the
membership preceding said convention accompanied by a summary statement
prepared by the General Secretary-Treasurer of the estimated costs respecting any
resolution which in his/her judgment involves cost factors. In addition to the mail
service, copies of the resolution may be faxed or e-mailed to the General Secretary-
Treasurers office no later than 50 days prior to the opening of the convention,
provided, however, that any resolution received by mail, including any overnight mail
service, after 5 p.m. EDT on the cut-off date that has not previously been received by fax
or e-mail before the cutoff date will be returned to sender. A properly signed, original
hard copy of all resolutions submitted by fax or e-mail must be received in the General
Secretary-Treasurers office at least forty (40) days before convention begins in order for
the resolution to be considered by the delegates. In emergency situations, herein
defined as a situation occurring between the 50-day period immediately preceding the
convention and the convention itself, including the days during which it is in session,
which manifestly is of such a nature as to require the late submission of an amendment
or resolution, such emergency resolutions may be received upon unanimous consent of
the convention delegates.

The Association shall not accept or process resolutions which may be considered
defamatory or libelous, and any affiliate wishing to submit a Convention resolution that
seeks to censure, condemn or otherwise criticize any person, including fire department
personnel, or entity shall submit a draft of such resolution to the Association, along with
sufficient documentation to support the allegations therein, at least sixty (60) days prior
to the Convention for review by the General President, who shall, if deemed necessary,
rewrite the draft resolution to remove any language therein that may be considered
defamatory or libelous and, who shall return the resolution as modified to the affiliate
for its review and approval, and any resolution that is modified in this manner shall be
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submitted for consideration and action by the Convention delegates only if the
sponsoring affiliate first approves of the resolution in its modified form. A certain time
is to be set aside at the Convention for discussion and voting by the Convention
delegates on the censure motions, and this time shall be included in the Rules of the
Convention.

All amendments shall become operative immediately upon their adoption by the
delegates unless otherwise expressly provided.

The Executive Board shall have authority between conventions to amend this
Constitution and By-Laws as necessary to remove any conflict between its provisions
and those of any applicable federal or state law or to exempt its Canadian local unions
and provincial associations and its local unions and state associations in the United
States from application of any of its provisions required by federal law wherever
practicable and after securing any necessary governmental approval thereof. The Board
is also empowered to modify such provisions as necessary to conform to amendments
adopted at conventions.
ARTICLE XXI DEFINITIONS
Section 1. Approval

Whenever the word approval appears in this Constitution and By-Laws or in written
policies or resolutions of the International Association, it shall mean prior approval
unless specifically written to the contrary.
Section 2. Day

Whenever the word day appears in this Constitution and By-Laws, it shall mean
calendar day unless specifically written otherwise.

The IAFF will use the following definition in determining policies toward private-sector
fire protection: Private-sector fire protection includes employees of a non-
governmental, private-sector enterprise, whether profit or nonprofit, which provides
fire fighting and related services.

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APPENDIX
Principal Officers

President Secretary-Treasurer
Thomas G. Spellacy
1918-1919
William A. Smith
1918-1920
Samuel A. Fink (Acting)
1919-1919
George A. Richardson*
1920-1956
Fred W. Baer
1919-1946
William D. Buck*
1956-1957
John P. Redmond
1946-1957
John C. Kabachus*
1957-1964
William D. Buck
1957-1968
Albert E. Albertoni*
1964-1972
William H. McClennan*
1968-1980
Frank A. Palumbo*
1972-1980
John A. Gannon*
1980-1988
Martin E. Pierce, Sr.*
1980-1982
Alfred K. Whitehead*
1988 - 2000
Alfred K. Whitehead
1982-1988
2000 - present
Vincent J. Bollon*
1988 - 2009
Thomas H. Miller
2010 present
*Emeritus Status

Name and Title Date Conferred
William D. Buck, President August 1968
William Howie McClennan, President August 1980
George J. Richardson, Secretary-Treasurer August 1970
Albert E. Albertoni, Secretary-Treasurer September 1972
John C. Kabachus, Secretary-Treasurer August 1974
Martin E. Pierce, Secretary-Treasurer August 1984
Ron Usher, Vice President August 1988
Raymond C. Fogarty, Vice President August 1988
John A. Gannon, President August 1988
William J. Copeland, Vice President August 1988
Gordon R. Anderson, Vice President August 1992
Tony Wilcox, Vice President August 1998
Vernon Cook, Vice President August 2000
Michael McNeill, Vice President August 2008
Robert Greenwood, Trustee August 2008
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Vincent J. Bollon, General Secretary-Treasurer August 2010
Raymond Hemmert August 1988
Conventions

Number Location Date
1st Washington, DC February 1918
2nd Portland, Oregon September 1919
3rd St. Louis, Missouri September 1920
5th Tulsa, Oklahoma September 1922
6th Montreal, Quebec September 1923
7th Kansas City, Missouri September 1924
8th Philadelphia, Pennsylvania October 1926
10th Halifax, Nova Scotia September 1930
12th Cedar Point, Ohio August 1934
13th Asbury Park, New Jersey September 1936
14th Atlanta, Georgia August 1938
15th DesMoines, Iowa September 1940
17th Louisville, Kentucky September 1944
18th Toledo, Ohio September 1946
19th Houston, Texas September 1948
21st Seattle, Washington September 1952
22nd Miami, Florida August 1954
23rd Montreal, Quebec August 1956
24th Wichita, Kansas August 1958
25th Buffalo, New York August 1960
26th San Antonio, Texas August 1962
28th Indianapolis, Indiana August 1966
31st Los Angeles, California August 1972
32nd Baltimore, Maryland August 1974
33rd Denver, Colorado August 1976
37th Cincinnati, Ohio August 1984
40th St. Louis, Missouri August 1990
41st Vancouver, British Columbia August 1992
42nd Detroit, Michigan August 1994
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43rd Honolulu, Hawaii August 1996
44th Lake Buena Vista, Florida August 1998
47th Boston, Massachusetts August 2004
49th

Las Vegas, NV August 2008
50th San Diego, CA August 2010
51st Philadelphia, PA July 2012
1918 - Present (Elected at Convention Years Listed)

1918
1st Samuel A. Fink 2nd Fred W. Baer 3rd Edward J. Coveney
4th Raymond E. Oden 5th Owen Dunn 6th George J. Richardson
7th W. R. Brown 8th Sidney Johnson 9th L.N. Riley
10th R. M. Bradshaw 11th John F. Kerwin 12th William H. Leslie
Trustees:
Frederick Dobbratz A J. Schaefer William F. Gillooley

1919
1st Seth Jones 2nd William J. Cawker 3rd Edward J. Coveney
4th Raymond E. Oden 5th Owen C. Dunn 6th George J. Richardson
7th W. R. Brown 8th Sidney Johnson 9th L. N. Riley
10th S. E. Johnson 11th John Kerwin 12th William H. Leslie
13th J. B. Dalphond
Trustees:
Samuel A. Fink C. A. Watson William F. Gillooley

1920
1st Seth Jones 2nd W. J. Cawker 3rd Edward F. Looney
4th W. P. Monroe 5th Hugh ODonnell 6th C. A. Watson
10th H. E. Anderson 11th John F. Kerwin 12th J. A. Sullivan
13th J. B. Dalphond
Trustees:
Joseph M. Toohey E. L. Carlin William F. Gillooley

1921
4th W. P. Monroe 5th Hugh ODonnell 6th Albert Higgin
13th Donald Dear
Trustees:
Charles M. Nixon E. L. Carlin William F. Gillooley

1922
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13th Donald Dear
Trustees:
Charles Nixon E. L. Carlin William F. Gillooley

1923
7th E. W. Powell 8th Joseph W. Kirby 9th Lester N. Riley
13th Donald Dear
Trustees:
Arthur Beaulieu E. L. Carlin William F. Gillooley

1924
7th E. W. Powell 8th Daniel Sullivan 9th Lester N. Riley
10th H. E. Anderson 11th John F. Kerwin 12th Jesse Watkins
13th Donald Dear
Trustees:
Arthur Beaulieu E. L. Carlin John J. Gann

1926
1st A, Holterbach 2nd A. F. Wesselny 3rd Edward F. Looney
4th Robert J. Cole 5th Hugh ODonnell 6th Albert Higgin
7th E. W. Powell 8th Scott Power 9th Lester N. Riley
10th H. E. Anderson 11th Charles A. Boger 12th Jesse Watkins
13th Donald Dear
Trustees:

1928
1st Edward J. Chapman 2nd A. F. Wesselny 3rd Edward F. Looney
4th Robert J. Cole 5th Hugh ODonnell 6th Neil MacDonald
7th E. W. Powell 8th Scott Power 9th A. J. Dooney
13th Donald Dear
Trustees:

1930
1st Vincent J. Kane 2nd A. F. Wesselny 3rd Edward F. Looney
4th John Heinz 5th Hugh ODonnell 6th Neil MacDonald
7th E. W. Powell 8th John P. Redmond 9th A. J. Dooney
13th Joseph S. Noel
Trustees:

1932
4th John Heinz 5th Hugh ODonnell 6th Neil MacDonald
7th E. W. Powell 8th John P. Redmond 9th A. J. Dooney
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10th Ex.Bd. Appointed 11th R. W. Granger 12th Jesse Watkins
13th Ex. Bd. Appointed
Trustees:

1934
4th John A. Flaherty 5th Hugh ODonnell 6th Neil MacDonald
7th Max Maximilian 8th John P. Redmond 9th A. J. Dooney
10th Ex. Bd. Appointed 11th James A. Petris 12th Jesse Watkins
13th Thomas Vyles
Trustees:
James M. Cody E. L. Carlin John J. Gann

1936
4th John A. Flaherty 5th Hugh ODonnell 6th Albert Higgin
10th E. Bd. Appointed 11th James A. Petris 12th Jesse Watkins
13th Thomas Vyles
Trustees:
James M. Cody E. L. Carlin John J. Gann

1938
4th John P. Coyne 5th Walter Zechel 6th Albert Higgin
10th Ex. Bd. Appointed 11th James A. Petris 12th Hugh L. Kilgore
13th Thomas Vyles
Trustees:
John J. ODoherty E. L. Carlin

1940
1st Vincent J. Kane 2nd William D. Buck 3rd Edward F. Looney
10th Milton J. Terry 11th James A. Petris 12th Hugh L. Kilgore
13th Thomas Vyles
Trustees:
John J. ODoherty E. L. Carlin James M. Cody

1942
1st Vincent J. Kane 2nd William D. Buck 3rd Joseph C. Lehan
13th James Preston
Trustees:
John J. ODoherty James M. Cody William Hottel

1944
1st Vincent J. Kane 2nd William D. Buck 3rd Joseph C. Lehan
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7th William E. Brower 8th John P. Redmond 9th S. P. Stevens
13th James Preston
Trustees:

1946
Trustees:

1948
10th Milton J. Terry 11th Bert Hayman 12th William W. Turner
Trustees:

1950
10th Milton J. Terry 11th Jack Bostick 12th William W. Turner
13th R. Swanborough 14th A. T. Kessler
Trustees:

1952
10th S. H. Shawver 11th Jack Bostick 12th William W. Turner
13th R. Swanborough 14th A. T. Kessler 15th D. A. Vanasse
Trustees:

1954
4th Raymond Fogarty 5th James Deach 6th Hector Wright
10th S. H. Shawver 11th Jack Bostick 12th H. E. Blackmon

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Trustees:
1956
1st Howard Barry 2nd William D. Buck 3rd John C. Kabachus
Daniel J. Lawler
(2/58-6/58)
4th Charles J. Loesche 5th James Deach 6th Hector Wright
10th James J. Gallagher 11th Richard E. Gray 12th H. E. Blackmon
Trustees:

1958
4th Raymond Fogarty 5th Robert Fitzgerald 6th Hector Wright
10th Albert E. Albertoni 11th Jack Bostick 12th E. C. Wilcox
13th Charles Chambers 14th Raymond L. Perry 15th Andrea Plante
Trustees:
John J. ODoherty Steven Barnes Lorne MacRostie

1960
4th Raymond Fogarty 5th Robert Fitzgerald 6th Harry Langhout
10th Oscar Castorina, Jr. 11th Jack Bostick 12th E. C. Wilcox
Trustees:
John J. ODoherty Lyle Cass Lorne MacRostie

1962
4th Raymond Fogarty 5th Robert Fitzgerald 6th Eric Simmons
7th Jack Waller 8th Robert Tighe 9th S. P. Stevens
Trustees:
John J. ODoherty Lyle Cass Walter Child

1964
4th Raymond Fogarty 5th Harland Lippolt 6th Eric Simmons
7th Walt Lambert 8th Cornelius Shea 9th Harry E. Williams
Trustees:
John J. ODoherty Lyle Cass Lloyd H. Bell
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1966
4th Raymond Fogarty 5th Harland Lippolt 6th Gordon R. Anderson
7th Walt Lambert 8th Ralph W. Burden 9th Harry E. Williams
Trustees:
John J. ODoherty Lyle Cass Lloyd H. Bell

1968
1st James King 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
4th Raymond Hemmert 5th Harland Lippolt 6th Gordon R. Anderson
7th Walt Lambert 8th Daniel T. Delegato 9th Harry E. Williams
10th H. C. Harmelink 11th Jack Bostick 12th Charles A. Hall
13th Bernard Bonser 14th Raymond Oliver 15th Percy Clark
Trustees:
Robert Welch Lyle Cass John Melnick

1970
1st Frank A. Palumbo 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
7th Walt Lambert 8th Daniel T. Delegato 9th L. Keith Henning
13th Bernard Bonser 14th Raymond L. Perry 15th Andre Plante
Trustees:

1972
1st Patrick Managan Jr. 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
13th William Goldson 14th J. E. Brown 15th Andre Plante
Trustees:

1974
1st Patrick Managan Jr. 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
13th William Goldson 14th L. F. Peters 15th Andre Plante
16th Lauren A Weigel
Trustees:

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1976
1st Thomas P. Flynn 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
7th James Martinez 8th John A. Gannon 9th Ron Usher
13th William Goldson 14th L. F. Peters 15th Alvin G. Blakely
16th Lawrence Weigel
Trustees:

1978
1st Richard J. Vizzini 2nd Joe McMahon 3rd Martin E. Pierce, Sr.
7th James Martinez 8th John A. Gannon 9th Michael D. McNeill
10th John K. Stephens 11th Jack Bostick 12th Charles A. Hall
13th William Goldson 14th Clarence J. Perez 15th Alvin G. Blakely
16th Wayne Johnson
Trustees:
James P. Neelon George Bottom William A. Laird

1980
1st Thomas F. Reilly 2nd Joe McMahon 3rd T. Dustin Alward
10th John K. Stephens 11th Jack Bostick 12th John S. Glenn
13th Elliott Hastings 14th Clarence J. Perez 15th Alvin G. Blakely
16th Wayne Johnson
Trustees:

1982
1st Donald Faughnan 2nd Joe McMahon 3rd T. Dustin Alward
4th Raymond Hemmert 5th Leroy H. Waite 6th William J. Copeland
10th John K. Stephens 11th Ernest Buddy Mass 12th John S. Glenn
13th Elliott Hastings 14th Kuhron Huddleston 15th Alvin G. Blakely
16th Wayne Johnson
Trustees:

1984
1st James J. McGowan 2nd Robert E. Palmer 3rd A. Michael Mullane
4th Russell P. Cerami 5th Leroy H. Waite 6th William J. Copeland
10th John K. Stephens 11th Ernest Buddy Mass 12th Dominick F. Barbera
Trustees:
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1986
1st James J. McGowan 2nd Robert E. Palmer 3rd A. Michael Mullane
Trustees:

1988
Trustees:

1990
Trustees:
William McGrane Robert Greenwood William A. Laird

1992
Trustees:

1994
10th James T. Ferguson 11th Ernest Buddy Mass 12th Dominick F. Barbera
Trustees:
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1996
13th Elliott Hastings 14th Danny Todd 15th James A. Fennell
Trustees:

1998
7th Paul Harvey 8th Gerald O. Holland 9th Michael D. McNeill
Trustees:

2000
Trustees:
Mark Ouellette Robert Greenwood Dennis Lloyd

2002
16th Nick Davila
Trustees:
Mark Ouellette Robert Greenwood Keith Hamilton

2004*
7th Ricky J. Walsh 8th Thomas Miller 9th Michael D. McNeill
10th James T. Ferguson 11th Roy Sandy McGhee 12th Dominick F. Barbera
Trustees:
Mark Ouellette Robert Greenwood Keith Hamilton
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2008*
1st Kevin Gallagher 2nd Mark Woolbright 3rd A. Michael Mullane
7th Ricky J. Walsh 8th Thomas Miller(08-10)
Paul Hufnagel (2010)
9th Randall Atkinson
10th James T. Ferguson 11th Roy Sandy McGhee 12th Larry Osborne
Trustees:
Mark Ouellette Tony Mejia A.J. Alex Forrest

2012*
1st William Romaka 2nd Mark Woolbright 3rd A. Michael Mullane
4th William V. Taylor 5th Thomas Thornberg 6th Lorne West
7th Ricky J. Walsh 8th Paul Hufnagel 9th Randall Atkinson
10th James T. Ferguson 11th Roy Sandy McGhee 12th Larry Osborne
13th Fred LeBlanc 14th Danny Todd 15th David Burry
Trustees:
Mark Ouellette Tony Mejia A.J. Alex Forrest

*Elections held every 4 years.
FIREPAC History

Year Resolution No. Amount Total
1986 26 .04 .04
1987 26 .04 .08
1990 25 .05 .13
1992 82 .07 .20
1994 64 .10 .30
1996 30 .15 .45
1998 4 .10 .55
2000 3 .10 .65
2001 3 .15 .80
2002 45 .20 1.00
2004 21 .10 1.10
2005 COLA .03 1.13
2006 COLA .04 1.17
2008 COLA .05 1.25
2010 COLA .04 1.29
2010 36 .25 1.54
2012 COLA .11 1.65

Effective October 1, 2005, and each year thereafter, the per capita allocation to FIREPAC
will be adjusted for inflation consistent with any COLA resolution passed by the
delegates at future conventions not to exceed 4.5 percent.
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Contents
ARTICLE I ....................................................................................................................................................... 6
ORGANIZATION ............................................................................................................................................. 6
Section 1. Name ........................................................................................................................................ 6
Section 2. References ................................................................................................................................ 6
Section 3. Basic Rules ................................................................................................................................ 6
Section 4. Government ............................................................................................................................. 6
Section 5. Assistance in Disputes and Grievances .................................................................................... 7
Section 6. Rules of Order .......................................................................................................................... 7
ARTICLE II ...................................................................................................................................................... 9
OBJECTIVES AND PURPOSE ........................................................................................................................... 9
ARTICLE III ................................................................................................................................................... 10
MEETINGS ................................................................................................................................................... 10
Section 1. Time ........................................................................................................................................ 10
Section 2. Place ....................................................................................................................................... 10
Section 3. Special Meetings .................................................................................................................... 10
Section 4. Quorum .................................................................................................................................. 10
Section 5. Attendance and Participation ................................................................................................ 10
Section 6. Changing Time of Regular Union Meeting ............................................................................. 10
Section 7. Order of Business ................................................................................................................... 10
ARTICLE IV ................................................................................................................................................... 12
INITIATION FEES AND DUES ........................................................................................................................ 12
Section 1. Initiation Fees and Dues ......................................................................................................... 12
Section 2. Special Assessments ............................................................................................................... 12
Section 3. Delinquent Members ............................................................................................................. 12
Section 4. Reinstatement after Suspension ............................................................................................ 12
Section 5. Maintenance of Good Standing ............................................................................................. 13
ARTICLE V .................................................................................................................................................... 14
MEMBERSHIP .............................................................................................................................................. 14
Section 1. Who May Become a Member ................................................................................................ 14
Section 2. To Whom Applications are Presented ................................................................................... 14
Section 3. Probationary Fire Fighter's Membership ............................................................................... 14
Section 4. Presentation of Official Card, etc. .......................................................................................... 14
Section 5. Separation .............................................................................................................................. 14
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Section 6. Re-entrance into the Department.......................................................................................... 15
Section 7. Members on Pension ............................................................................................................. 15
Section 8. Honorary Members ................................................................................................................ 15
ARTICLE VI ................................................................................................................................................... 16
OFFICERS OF THE LOCAL ............................................................................................................................. 16
Section 1. Officers and Their Tenure of Office ........................................................................................ 16
Office Tenure of Office ............................................................................................................................ 16
Section 2. President Emeritus ................................................................................................................. 16
ARTICLE VII .................................................................................................................................................. 17
ELIGIBILITY FOR OFFICE ............................................................................................................................... 17
Section 1. Eligibility to Hold Office .......................................................................................................... 17
Section 2. Rights of Candidates ............................................................................................................... 17
Section 3. Use of Funds Prohibited in Elections...................................................................................... 17
ARTICLE VIII ................................................................................................................................................. 18
NOMINATION OF OFFICERS ........................................................................................................................ 18
Section 1. Method of Nomination .......................................................................................................... 18
Section 2. Notice of Nominations ........................................................................................................... 18
Section 3. List of Nominees ..................................................................................................................... 18
Section 4. Acceptance by Nominees ....................................................................................................... 18
Section 5. Candidate Limited to One Office ............................................................................................ 18
ARTICLE IX ................................................................................................................................................... 19
ELECTION OF OFFICERS ............................................................................................................................... 19
Section 1. Method of Election................................................................................................................. 19
Section 2. Regular Election ..................................................................................................................... 19
Section 3. Run-Off Election: Date and Location ...................................................................................... 19
Section 4. Installation of Officers ............................................................................................................ 19
Section 5. Delegates and Alternates ....................................................................................................... 19
ARTICLE X .................................................................................................................................................... 20
BALLOTING .................................................................................................................................................. 20
Section 1. Balloting ................................................................................................................................. 20
Section 2. Election Committee and Tellers ............................................................................................. 20
Section 3. Ballots ..................................................................................................................................... 21
Section 4. Membership List of Eligible Voters ........................................................................................ 21
Section 5. Confidentiality ........................................................................................................................ 21
Section 6. Election Results ...................................................................................................................... 21
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ARTICLE XI ................................................................................................................................................... 22
DUTIES OF OFFICERS ................................................................................................................................... 22
Section 1. President ................................................................................................................................ 22
Section 2. Communication Director ........................................................................................................ 23
Section 3. Financial Director ................................................................................................................... 23
Section 4. Board of Directors (6 members) ............................................................................................ 24
Section 5. Board of Trustees ................................................................................................................... 24
ARTICLE XII .................................................................................................................................................. 26
SALARIES AND EXPENSES OF OFFICERS ...................................................................................................... 26
Section 1. President ................................................................................................................................ 26
Section 2. Communication Director ........................................................................................................ 26
Section 3. Financial Director ................................................................................................................... 26
Section 4. Legislative Director ................................................................................................................. 26
Section 5. Compensation for Directors, Committee Chairs, and Committee Members ........................ 26
Section 6. Convention Delegates and Committee Members .................................................................. 27
Section 7. Other Officers and Members ................................................................................................. 27
Section 8. Members' and Officers' Expenses Inside City ........................................................................ 27
Section 9. Enumerate and Verify Expense .............................................................................................. 27
Section 10. Election Committee and Part-time Workers ........................................................................ 27
Section 11. Legal Fees and/or Expenses ................................................................................................. 27
Section 12. Members Owing Money ...................................................................................................... 28
ARTICLE XIII ................................................................................................................................................. 29
BOARD OF DIRECTORS ................................................................................................................................ 29
Section 1. Structure of Board of Directors .............................................................................................. 29
Section 2. Board of Directors Quorum .................................................................................................... 29
Section 3. Report to Regular Meeting..................................................................................................... 29
Section 4. President Banned from Holding Any Other Office ................................................................. 29
Section 5. Transaction of Business Between Meetings .......................................................................... 29
Section 6. Death or Removal from Office of Any Officer ........................................................................ 29
Section 7. Property in Custody of Officers .............................................................................................. 30
Section 8. Monthly Publication ............................................................................................................... 30
ARTICLE XIV ................................................................................................................................................. 31
COMMITTEES .............................................................................................................................................. 31
Section 1. Appointment of Committees ................................................................................................. 31
Section 2. Organization ........................................................................................................................... 31
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Section 3. Abolishment of Committees .................................................................................................. 32
Section 4. Caucus Committees ................................................................................................................ 32
Section 5. Parliamentarian ...................................................................................................................... 32
ARTICLE XV .................................................................................................................................................. 33
AMENDMENTS OR ALTERATIONS TO BY-LAWS .......................................................................................... 33
Section 1. Who May Submit.................................................................................................................... 33
Section 2. Proposal of Amendment ........................................................................................................ 33
Section 3. Adoption of Amendment ....................................................................................................... 33
ARTICLE XVI ................................................................................................................................................. 34
MISCONDUCT AND TRIALS OF MEMBERS ................................................................................................... 34
Section 1. Misconduct Charges and Trial ................................................................................................ 34
Section 2. Appeals ................................................................................................................................... 34
ARTICLE XVII ................................................................................................................................................ 35
RELATIVE ASSISTANCE FUND ...................................................................................................................... 35
Section 2. Eligibility ................................................................................................................................. 35
To be eligible for membership in the Fire Fighters Relative Assistance Fund, a fire fighter must be in
full accordance with the following: ........................................................................................................ 35
Section 3. Retirement ............................................................................................................................. 35
Section 4. Leave of Absence from the Fire Department ......................................................................... 35
Section 5. Delinquent .............................................................................................................................. 36
Section 6. Supervision ............................................................................................................................. 36
Section 7. Benefits .................................................................................................................................. 36
Section 8. Amendments .......................................................................................................................... 37
ARTICLE XVIII ............................................................................................................................................... 38
HOSPITAL FUND .......................................................................................................................................... 38
Section 2. Eligibility ................................................................................................................................. 38
Section 3. Supervision ............................................................................................................................. 38
Section 4. Limitations and Benefits ......................................................................................................... 38
Section 5. Funding and Retirement ........................................................................................................ 39
Section 6. Amendments .......................................................................................................................... 40
ARTICLE XIX ................................................................................................................................................. 41
RETIREE ORGANIZATION ............................................................................................................................. 41
ARTICLE XX .................................................................................................................................................. 42
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ONLINE VOTING FOR MOTIONS AND AMENDMENTS AND ........................................................................ 42
COLLECTIVE BARGAINING AGREEMENTS .................................................................................................... 42
Section 1. MOTIONS ................................................................................................................................ 42
A. PROCEDURE .................................................................................................................................... 42
B. VOTER ELIGIBILITY ........................................................................................................................... 42
C. AMENDMENT TO THE CONSTITUTION OR BY-LAWS ...................................................................... 42
Section 2. COLLECTIVE BARGAINING AGREEMENTS ............................................................................... 43

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ARTICLE I
ORGANIZATION
Section 1. Name

This organization shall be known as the Houston Professional Fire Fighters Association.

References in this Constitution and By-Laws to "Local" or "Local Union" or Houston
Professional Fire Fighters Association Local 341shall refer to the International Association
of Fire Fighters Local 341.

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.

The membership, in quorum, at regular or 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 the Local in its 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 1st to December 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.

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 President 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 Roberts 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 Order.
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.
10. 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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ARTICLE 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 out
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) nonelected 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


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. Presidents 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 Welfare
14. Adjournment

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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.

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 4. 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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Membership in good standing includes any person who has fulfilled the requirements for
membership in this Local Union and who has not voluntarily withdrawn, become ineligible
for continued membership, or been suspended or expelled as provided in the Constitution
and By-Laws of the International Association of Fire Fighters or the Constitution and By-
Laws of this Local.

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ARTICLE V
MEMBERSHIP

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
Firemens 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.

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, upon 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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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.

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.

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
Section 1. Officers and Their Tenure of Office

The Officers of this Local and their tenure of Office shall be as follows:

Board of Directors
President 3 years
Financial Director 3 years
Communication Director 3 years

Board of Trustees
Trustee Position 1 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

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 Firemens Relief and Retirement Deferred Retirement Option Program may hold an
elective office during the time they participate in the DROP.

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.

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 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.

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.

The Election Committee of the Local shall notify in writing by certified mail within three (3)
days after nomination, all candidates 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 by June 20, following his/her
nomination.

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

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.

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.

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.

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.

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 Article XIII, Section 15.

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ARTICLE X
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.

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 Committee will hold a meeting of the nominees at the offices of the Local on the
14th day after the General Meeting 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 committee shall send 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.

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.

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.

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 preserved by the Local for one (1) year following an election.

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ARTICLE XI
DUTIES OF OFFICERS

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 General
membership.
e. He/she shall, in the event of a tie vote, cast the deciding vote.
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 imposed
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.
l. He/she shall see that all officers 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 expense and per diem vouchers prior to payment.
p. He/She shall annually select a President Pro Tem, from 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) Parliamentarians.

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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 Directors meetings.
b. The Communication Director shall keep a special book or binder, provided for by this
Local, in which all amendments 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 kept conveniently in the Union Hall.
f. He/she shall attend all meetings of the Local 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 Communications 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.

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 membership in the Local.
g. He/she shall further discharge, on behalf of this Local, such duties as may be imposed
upon him/her by applicable law, including the executing and filing of any 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 Constitution and
By-Laws, 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.
l. 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 Locals fiscal year and shall
include an accurate accounting of all employees within the Local Unions 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-Laws.
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.


It shall be the duty of the Board of Trustees to:

a. Be responsible to the membership for the proper financial operation and condition of
this Association.
b. Review all expense accounts as listed in Article XII of this Constitution and By-Laws.
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 Association.
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d. Have direct control and management of all building, 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 Hall only and is not permitted to be housed or used at any other
place, except 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
l. 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 OFFICERS

The President of this Association shall receive a monthly salary of fifty percent 50% of the

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.

The Financial Director of this Association shall receive a monthly salary of 25% of the

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
the 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
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
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c. Notwithstanding any other section of this article, Directors, Committee Chairs, and
Committee Members receiving the compensation identified in this section shall not
be allowed to submit mileage for travel in the Houston metro area.
Section 6. Convention Delegates and Committee Members

The convention delegates and committee members of this Association, on official Union
business, shall be allowed the cost of travel to and from said business location, and all
The Board of Directors may adopt an alternative reimbursement policy not exceeding the
rates established in Article XII, Section 5.
Section 7. Other Officers and Members

Any other officer or member of this Association, while conducting authorized Union business
outside the city, shall be allowed the cost of travel to and from said business location, and all
Section 8. Members' and Officers' Expenses Inside City

Any member, or officer, conducting authorized Union business, may incur reasonable
expenses to carry out the mandate of this Association. The amount for automobile usage on
authorized Union business shall be the same as that authorized by the IRS for automobile
mileage deductions.
Section 9. Enumerate and Verify Expense

Every member receiving an expense allowance for the purpose of performing Local business,
at the request or direction of Local 341, is required to account to his/her Local, listing
business expenses by categories, that is, transportation, meals, hotels, entertainment or
other business expenses. Local 341 shall reimburse said member in an equal amount not
exceeding member's expenses. Expense accounts shall be filed within thirty (30) days of the
date occurred unless an extension is granted by a majority of the Board of Directors and shall
be countersigned by the President, Financial Director and Chairperson of the Committee
accounting for the expenses.

Election Committee and part-time workers shall be paid the hourly rate of the highest paid
Fire Fighter base salary.

Section 11. Legal Fees and/or Expenses

A member(s) filing a lawsuit(s) and/or claim(s) for a single or class action without prior
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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 hours.
Section 4. President Banned from Holding Any Other Office

The President of this Local shall be prohibited from holding any other office, elected or
appointed, in any organization which is associated with the Fire Department, including but
not limited to the Houston Fire Fighters Federal Credit Union, or Houston Fire Fighters Relief
and Retirement Fund.
Section 5. Transaction of Business Between Meetings

Except as otherwise provided by this Constitution and By-Laws, the Board of Directors shall
transact the business of the Association between the regular monthly meetings.

Section 6. Death or Removal from Office of Any Officer

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Upon the death or removal from office or resignation of any officer of the Local, it shall be
the duty of the President to call a meeting of the Board of Directors. The Board of Directors
shall then nominate and elect a member of the Local to fill the vacancy. All vacancies shall be
filled in accordance with these By-Laws for the duration of the original elected term.

Any officer of this Local having in his/her possession and under his/her custody any
personal property owned by this Local, shall, at the expiration of his/her term of office or
when his/her successor is elected and qualified, deliver to his/her successor all books,
papers, money and any and all property of this Local, or to the person or persons designated
by a majority of this Local who shall act in his/her capacity.

"The Houston Fire Fighter" shall be the name of the official publication of this Association
which will be published monthly, subject to change by Board approval. Publication of the
newspaper will be under the direction of the Editor in accordance with policies approved by
the Board of Directors with final approval by the President.

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ARTICLE XIV
COMMITTEES
Section 1. Appointment of Committees

The following standing committees shall be appointed by the President, at least annually,
subject to the approval of the membership.
1. By-Laws Committee to consist of a minimum of three (3) members
2. City Hall Committee to consist of a minimum of three (3) members
3. Grievance Committee to consist of a minimum of three (3) members
4. Public Relations Committee to consist of a minimum of three (3) members
5. Research and Legislative Committee to consist of a minimum of three (3) members
6. Legislative Director
7. Health & Safety Committee to consist of a minimum of three (3) members.
8. Wage and Benefits Committee to consist of a minimum of (3) members

Providing, however, that the term of office of each committee person is limited to the tenure
of the office of the appointing President.

The Chairperson of the Legislative Committee shall be designated the Legislative Director.

a. Committees shall consist of as many members as the President and members deem
necessary to carry out its duties, excepting those standing committees as set out
above. Committees shall create subcommittees, when necessary, to deal with
specialized duties to perform, and report their findings to the parent committee only.
The scope of the work of each committee shall be in accordance with the action of the
members of this Local or Board of Directors, or both, in creating such committees and
any instructions subsequently issued. When considering matters relating to work
which may involve any committee, such committee shall consult with other
committees, in order to avoid duplications or overlapping of effort. The Chairperson
will be designated by the President.
b. The committee chairperson shall call meetings at such times as may be necessary or
convenient for the transaction of committee business, and such chairperson shall
issue calls for such meetings at least three (3) days in advance of such meetings,
excepting those times when such a meeting shall be considered imperative and of an
emergency nature. Each committee shall elect its own secretary who shall be
responsible for the minutes of the meetings, communications and reports to the
Board of Directors of this Local.
c. Committee members shall not issue any report on matters for publication, other than
at the regular or special called Local meetings, or to the their Board of Directors when
in session. Committee members may adopt and conduct activities as they deem
necessary, provided such activities are consistent with these By-Laws and
instructions from the members of this Local. All standing committees shall meet at
least once a month, and all other committees shall meet as deemed necessary.
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d. Committees may incur any reasonable expense of carrying out the mandate of this
Local.
e. All committees shall submit a written report at each regular Local meeting.
f. No member of Local 341 shall represent "Fire Fighters" as a member of any other
employee organization or fire fighter organization for the purposes of endorsing
political candidates or issues. Members engaging in such activity shall be subject to
expulsion under Articles XV, XVI, XVII, and XVIII of the IAFF Constitution and By-
Laws.
Section 3. Abolishment of Committees

a. The President shall have the power to call any committee into session any time
he/she feels that such meeting is of a necessity. If the Board of Directors finds that
any committee or any of its members are not carrying out their responsibilities with
due diligence, the Board of Directors shall direct the President to report such to the
membership at the next regular Local meeting for whatever action the membership
desires.
b. The members of this Local, after due notice, may suspend or terminate any committee
which does not conform to these By-Laws and the scope and intent of their creation.
Section 4. Caucus Committees

a. Nothing herein shall prevent the association of a group of members to form a caucus
for the purpose of strengthening the objectives and purposes of this Local.
b. Seventy five (75) members in good standing shall petition the President to have a
caucus recognized by this Local regarding particular matters unique to that caucus.
The President shall then recognize the caucus for those matters affecting unique
interest of the caucus.
c. The caucus shall develop operating procedures not in conflict with the Constitution
and By-Laws of this Local. Such procedures shall be presented at the first Board of
Directors meeting following recognition of the caucus.
d. Such caucus shall be recognized and operate until such time as the caucus dissolves
itself or is found to be in violation of the Constitution and By-Laws of this Local.

It shall be the duty of the Parliamentarian to interpret the law as laid down in the
Constitution and By-Laws and in Roberts Rules of Order and the Parliamentarian shall, when
called by the President, render a decision as to the parliamentary procedure.

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ARTICLE XV
AMENDMENTS OR ALTERATIONS TO BY-LAWS

Amendments or alterations to this Constitution and By-Laws may be submitted by any
member or members in good standing.

Section 2. Proposal of Amendment
Any proposed amendment or alteration must be filed in writing with the Communication
Director at least ten (10) days before a regular membership meeting. The proposal, in turn,
shall be given to the Constitution and By-Laws Committee for determining if the proposed
changes to the Constitution and By-Laws do not conflict with other Articles of this or the
International Constitution and By-Laws. If it is necessary, this committee may re-draft the
proposed changes, however, the re-draft shall not alter, change, or modify the intent of the
introducer in any way or manner.
Section 3. Adoption of Amendment

a. The Communication Director shall notify all members in good standing in writing at
least fifteen (15) days in advance of the regular membership meeting at which a
proposed Constitution and By-Law change will be presented for adoption. Said
notification shall specify the proposed changes to be presented for adoption.
b. The amendment or alteration becomes adopted with a recorded two-thirds (2/3)
vote of the members present and voting at this meeting.
c. All proposed amendments or alterations to this Constitution and By-Laws shall be
submitted for approval to the IAFF General President prior to their printing or
issuance. Amendments and alterations to the Local Constitution and By-Law become
effective upon approval of the IAFF General President IAFF Constitution and By-Law
Article XIII, Section 3.

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ARTICLE XVI
Section 1. Misconduct Charges and Trial

Any member charged with misconduct, as defined in Article 15 of the International
Constitution and By-Laws, shall be served with written specific charges as required in Article
16 of the Association Constitution and be, given a reasonable time to prepare his/her defense
and afforded a hearing as provided in Article 17 of the Association Constitution.
Section 2. Appeals

Appeals may be made in accordance with Article 18 of the International Constitution and By-
Laws; such appeal must be filed with the General President of the Association within thirty
(30) days of the action to be appealed.

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ARTICLE XVII

a. The name of this fund shall be knows as the FIRE FIGHTERS RELATIVE ASSISTANCE
FUND, and its purpose shall be to provide financial assistance to the names
beneficiary or beneficiaries of the deceased member of the fund.
b. This fund shall not be termed, or in any way construed, to be an insurance policy, and
it shall not be construed to be a binding contract on the part of Local 341 or any of its
officers or members.
To be eligible for membership in the Fire Fighters Relative Assistance Fund, a fire fighter
must be in full accordance with the following:
a. A member in good standing of the Houston Professional Fire Fighters Association,
Local 341.
b. It will be mandatory for all new members to belong to the fund.
c. Authorize the City of Houston to deduct an amount form his/her paycheck each
month as determined by the member of this fund. But, in no event, shall the
contribution be less than three dollars ($3.00) per month.
d. Any person who has terminated employment with the Houston Fire Department
either voluntarily or through indefinite suspension, upheld by the final appeal to the
courts, shall not be eligible to continue as a member of the Relative Assistance Fund.

a. All members of this fund who shall be retired from active duty with the Fire
Department and who have a withdrawal card from Local 341, shall be eligible to
continue to participate in the Fire Fighters Relative Assistance Fund by applying in
advance, on a yearly basis, the amount each active participating member contributes
after the date of passage of 2009 Constitution & By-Law changes.
b. Any member, upon retirement from the Fire Department, must pay their dues within
a period of twelve (12) months or automatically lose their membership in the Fire
Fighters Relative Assistance Fund.
Section 4. Leave of Absence from the Fire Department

Any member of this fund who shall be granted a leave of absence from the Houston Fire
Department for any reason whatsoever shall be eligible to continue to participate in the Fire
Fighters Relative Assistance Fund by applying in advance, on a yearly basis, the amount each
active, participating member contributes.

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Section 5. Delinquent

member who shall fail to pay to the Financial Director of this fund his/her dues and
fund shall be terminated.
b. The Financial Director shall report such member to the Board of Trustees, and they
shall order such members name to be dropped from the membership roll, and he/she
shall forfeit his rights to this fund.

a. This fund shall be under the supervision and direction of the Board of Trustees and
the Financial Director of Local 341, and they shall promulgate the procedure for
disbursement of said fund.
adequate records for this fund, setting out in detail the financial structure of this fund.
c. Said Financial Director shall be responsible for the receiving and disbursement of the
monies of this fund; however, no death claims shall be paid out of this fund without
the express approval of the Board of Trustees.
d. Upon receipt of a death notice of a member of this fund by the Financial Director,
he/she shall so inform the Board of Trustees, and they shall with dispatch proceed to
authorize the payment of said claim. In the event of a disaster involving claims which
exceed the reserve of this fund, each member shall be assessed a proportionate
amount, so that this fund can remain solvent.
e. The Financial Director of Local 341 shall deposit all excess contributions received for
this fund into the Federal Fire Fighters Credit Union of Houston, Texas, in the name
of Fire Fighters Relative Assistance Fund.
f. The Board of Trustees shall conduct a yearly financial review of this fund, in
conjunction with the yearly review of the books of Local 341, and it shall be the
responsibility of the Board of Trustees to report their findings, as a result of this
review, to the members at a regular Union meeting.
Section 7. Benefits

a. The account of any total benefits paid to a beneficiary or beneficiaries of a deceased
member shall be an amount equal to one dollar and fifty cents ($1.50) for each
participating member of said fund on the date of the death of the participating fire
fighter.
b. The beneficiary or beneficiaries of any deceased member of this fund shall be those
persons as recorded in the official membership records of the Fire Fighters Relative
Assistance Fund. It is the responsibility of each fire fighter who becomes a member of
this fund to notify the Financial Director of his beneficiary or beneficiaries, and it shall
further be his responsibility to notify the Financial Director, in writing, of any changes
of beneficiaries he/she desires to make at any future date.
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present at a regular meeting or at a special meeting called for that purpose only. A
proposed change shall be brought to the attention of the assembly and voted on
consistent with the requirement for amendments or changes to the Houston
Professional Fire Fighters Association Constitution and By-Laws.
b. In matters herein not provided for, the By-Laws of the Houston Professional Fire

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ARTICLE XVIII
HOSPITAL FUND

The name of this fund shall be known as the HOUSTON FIRE FIGHTERS HOSPITAL FUND,
and its purpose shall be to provide hospital assistance to the members of the fund.

To be eligible for membership in this fund, a fire fighter must comply with the following:

a. Be a member in good standing of the Houston Professional Fire Fighters Association,
Local 341.
b. Any member making application for membership in this fund must be in good
physical condition at the time of application.
c. Any person who has terminated employment with the Houston Fire Department
either voluntarily or indefinite suspension, upheld by the final appeal to the courts,
shall not be eligible to continue as a member of the Hospital Fund.

a. The fund shall be under the supervision and direction of the Board of Trustees and
the Financial Director of Local 341, and they shall promulgate the procedures for the
disbursement of said funds.
adequate records for this fund, setting out in detail and financial structure of this fund.
Said Financial Director shall be responsible for receiving and disbursement of the
monies of this fund.
c. The Board of Trustees shall approve or reject all applicants for this fund.
d. The Board of Trustees shall authorize the payment or non-payment of all claims prior
to the first of each month.
e. A majority of members of the Board of Trustees shall be required to approve or
disapprove all claims, and they shall countersign their names to the forms as well as
the Financial Director.
Section 4. Limitations and Benefits

a. This hospital plan shall not be effective for a period of sixty (60) days relative to
sickness or chronic ailments from the time a member becomes eligible for benefits
under this fund, excepting accidents or emergency room treatments.
b. This fund shall not be liable for hospitalization payment on any form of venereal
disease, alcoholism or use of narcotics, or any sickness resulting from same.
c. This fund shall not pay any claims unless such claim is accompanied by an itemized
statement of medical expense.
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d. The Financial Director of this fund shall furnish the proper claim from to any member
requesting same.
e. No claim shall be paid for emergency room ON DUTY injuries or illness, except in
cases where the City of Houston Group Insurance or Workmens Compensation does
not pay, and emergency room treatments are limited to one claim per ninety (90)
days; limit four (4) claims per year.
f. That coverage be limited to twenty (20) days on any one illness per year.
g. That all claims must be filed within ninety (90) days after the date of release from the
hospital.
h. All members shall be entitled to all benefits under this plan for any one illness or
injury when confined in any approved, licensed hospital or clinic for a period of
twenty-four (24) hours under this plan, said benefits not to exceed the following
schedule:
HOSPITAL ROOM $20 Per Day
OPERATING ROOM $30 Per Day
ANESTHETIC $20 Per Day
X-RAY $20 Per Day
LABORATORY $20 Per Day

i. Emergency room benefits shall be paid for any approved, licensed hospital or
emergency clinic for any injury or illness occurring OFF DUTY.

EMERGENCY ROOM..$70 Per Day
Section 5. Funding and Retirement

active member who shall fail to pay to the Financial Director of this fund his dues and
fund shall be terminated, and they shall order such members name to be dropped
from the membership roll, and he/she shall forfeit his/her rights in this fund.
b. All members in good standing of the Houston Professional Fire Fighters Association,
Local 341 shall be entitled to benefits in the HOUSTON FIRE FIGHTERS HOSPITAL
FUND.
c. Amount equal to one dollar ($1.00) shall be deducted from each members Union dues
to provide funding for the Houston Fire Fighters Hospital Fund.
d. Members, upon retirement, shall, at their option, maintain their membership in the
Houston Fire Fighters Hospital Fund. Retired members shall pay an amount equal
to twelve (12) monthly premiums in advance, said amount not to be less than twelve
dollars ($12.00) to be paid in hand to the Financial Director of this fund.
e. Any member, upon retirement from the Fire Department, must pay his/her dues
within the period of twelve (12) months or automatically lose his/her membership
into the Houston Fire Fighters Hospital Fund.

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present at a regular meeting or a special meeting called for that purpose only. A
proposed change shall be brought to the attention of the assembly in accepted
business order. And a voice majority vote of the members in attendance shall sustain
or overrule such proposed change.
b. In matter herein not provided for, the By-Laws of the Houston Professional Fire

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ARTICLE XIX

The Board of Directors may create and establish rules and policy for a Retiree Organization
with the approval of the membership.

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ARTICLE XX
ONLINE VOTING FOR MOTIONS AND AMENDMENTS AND
COLLECTIVE BARGAINING AGREEMENTS

Section 1. MOTIONS
A. PROCEDURE

1. After discussion and any amendments at the scheduled Regular Meeting, the final
motions as amended will be sent to the membership for an online vote. All members in
good standing will be able to vote online to decide the motion using the Online Voting
Procedure below. A simple majority of those participating in the vote is required to decide
the motion.
2. The final version of the motion will be posted on the Local 341 website by noon the day
after the Regular Meeting. When the motion is posted on the Local 341 website, an online
discussion page for the motion will be made available on the Local 341 website. The
motion-maker, or any other member may use this discussion page to provide information
or opinions pertaining to the motion. This discussion page will be available until the
motion is decided upon. The online discussion will not be bound by Roberts Rules of
Order; however it will be monitored and inappropriate comments removed.
3. The week immediately following the Regular Meeting in which the motion was presented,
the online vote will take place between 0800 and 1700 on the first Monday following this
week and end on Thursday of this week.

B. VOTER ELIGIBILITY

Only Members in good standing, as defined by Article IV will be eligible to vote.

C. AMENDMENT TO THE CONSTITUTION OR BY-LAWS

1. An amendment to this Constitution or any By-Laws will follow the motion process as
outlined by this By-Law Article above and comply with the notice requirements under
Article XV.
2. A proposed amendment to this Constitution or any By-Laws made under this provision
shall be submitted for approval to the International General President prior to its
publication, issuance or effectiveness after first being adopted by its membership.

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Section 2. COLLECTIVE BARGAINING AGREEMENTS

Voting for any Collective Bargaining Agreements will be carried out by using the online voting
vendor that has been approved by the Board of Trustees. The procedures for the voting process
will be determined by the vendors standard practices considering any recommendations by Local
341.

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Document 4
1

NO. 2014-44222

HOUSTON PROFESSIONAL IN THE DISTRICT COURT OF
FIRE FIGHTERS ASSOCIATION
LOCAL 341
V.

OF FIRE FIGHTERS 215TH JUDICIAL DISTRICT

BRYAN SKY-EAGLES FIRST AMENDED PETITION IN INTERVENTION,
APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY AND
PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURES

TO THE HONORABLE JUDGE OF SAID COURT:
Comes now Bryan Sky-Eagle, Intervenor herein, and files this Petition in Intervention
(the Intervention) complaining of and against the International Association of Firefighters
Foundation (collectively, Defendants in Intervention), and for such causes of action and
requests for relief respectfully state to the Court the following:
DISCOVERY CONTROL PLAN: REQUEST FOR DISCLOSURE
194.2.

8/11/2014 7:28:52 PM
Chris Daniel - District Clerk Harris County
Envelope No. 2121887
By: GAYLE FULLER
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PARTIES

1. Bryan Sky-Eagle is an individual residing in Houston, Harris County, Texas.
2. International Association of Firefighters is a foreign non-profit corporation not
registered to do business in Texas. As detailed below in the jurisdiction section, IAFF has
sufficient minimum contacts to be availed of this forum for purposes of this litigation and may be
served pursuant to the Texas Long Arm Statute, 17.026, Civ. Prac. & Rem. Code, with citation
and other process by and through the SECRETARY OF STATE FOR THE STATE OF TEXAS,
CITATIONS DEPARTMENT, P. O. 12079, AUSTIN, TEXAS 78711-3697. The Secretary of
State for the State of Texas should forward such petition and citation to the business address of
IAFF located at 1750 New York Avenue, NW Suite 300, Washington, DC 20006.
1. Houston Professional Firefighters Association Local 341 (HPFFA) is the local
fire fighters union with its principal office in Harris County, Texas and may be served with
process by and through its attorney of record, Roy Camberg, 17225 El Camino Real, Suite 444,
Houston, Texas 77058.
JURISDICTION AND VENUE
2. This Court has jurisdiction over this proceeding given that the amount in controversy
exceeds the minimum jurisdictional limits of this Court.
3. Venue is proper in Harris County because the Defendant, through its contracts with
Plaintiff, conducts a substantial amount of business in Harris, County Texas and the litigation
involves claims arising from a contract to be substantially performed in Houston, Harris County,
Texas.

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FUTILITY OF ADMINISTRATIVE ACTION
4. Based upon expressed statement of the IAFF through its District Vice President,
Sandy McGhee, that he makes no promises when referring to the fairness of the trial board he
is appointed create; the common knowledge the trial board process has already been proven to be
corrupted in previous trials; the fact that some IAFF officers feel that its too late for Sky-Eagle;
and the IAFFs active participation in improper conduct in violation of its own bylaws as outline
in detail below, Sky-Eagle compliance with any administrative action as a precondition to filing
a lawsuit would be futile.
FACTUAL BACKGROUND
5. The Houston Professional Fire Fighter's Association, IAFF Local 341 ("HPFFA"),
is a 501(c)4 non-profit corporation established under the laws of Texas and has its own
Constitution and By-laws ("CBLs"). See Exhibit 1 for a copy of the HPFFA's 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 a copy of the IAFF CBLs.
HPFFA is an affiliate of the IAFF and the dues paid by a member to the HPFFA are inclusive of
the dues required by the IAFF.
6. Jimmy Campbell, Johnny Villarreal, Curtis Williams, Alvin White, Scott Wilkey,
Manual Chavez and Mark Ritchie are individual members of the Board of Directors
(collectively, "The Band of Seven"). The actions taken by The Band of Seven are not the
authorized action of HPFFA's Board of Directors, but are their own individual choices and
actions.
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7. Bryan Sky-Eagle ("Sky-Eagle") was not a member of HPFFA/IAFF from about
2003 to 2010. He rejoined HPFFA/IAFF in 2010 and was elected President of HPFFA in
October 2013. Among other things, Sky-Eagle campaigned for more transparency from HPFFA,
removing the entrenched general counsel, hiring a professional contract negotiator, and holding
the Board of Directors accountable to the membership. The Band of Seven was never supporters
of Sky-Eagle because of his previous non-union status and certain members of The Band of
Seven were die-hard supporters of the out-going president. Nine months in office this has not
changed.
8. After taking office in October 2013, HPFFA, through its president, Sky-Eagle,
terminated the services of the general counsel, Rick Mumey, and hired attorney Roy Camberg.
Some members of The Band of Seven disagreed with the action. The proper recourse of The
Band of Seven who disagreed with this decision would have been through the IAFF in
accordance with the IAFF bylaws. However, The Band of Seven instead challenged Sky-Eagle's
authority in two different state district courts. Both judges ruled that as president, Sky-Eagle
could substitute attorneys in pending court cases, and thereby, agreed that Sky-Eagle has the
express authority to hire and fire attorneys. In what is now an apparent concerted action to
thwart the ability of HPFFA to conduct business, The Band of Seven subsequently filed charges
with the IAFF for misconduct stating the union president did not have the authority despite the
previous court victories. The IAFF's bylaws allow the charges to be vacated if they are frivolous
or retaliatory. Despite the fact that clearly The Band of Seven filed the charges in retaliation for
losing the court decision, the IAFF still allowed the charges to proceed. This action by the IAFF
stands as the first of now many actions that violate the agreement between IAFF and HPFFA
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and, in addition to breaching the governing agreements, this act is part of IAFF's concerted
activity to thwart the business of HPFFA, interfere with its contractual relationships and,
moreover, discriminate against HPFFA and its president, Sky-Eagle.
9. The illegal and improper conduct continued. Following the Court rulings
referenced above, HPFFA notified its members of the Court action. The Band of Seven, with
active assistance of the IAFF, then filed charges against Sky-Eagle alleging Sky-Eagle falsely
included Director Mark Ritchie's (Ritchie) name in the email when he did not appear before
the Court. As clearly indicated on The Band of Seven' own pleadings, Ritchie is specifically
named and represented, and therefore did in fact make an appearance before the Court. See
Exhibit 3 for a copy of The Band of Seven' pleading. Amazingly, the IAFF did not find this
charge frivolous and allowed the charges to proceed against Sky-Eagle. HPFFA now realizes this
action too was part of IAFF's concerted activity to thwart the business of HPFFA and to
discriminate against HPFFA and Sky-Eagle. HPFFA, through Sky-Eagle, had already
questioned the value of its association with IAFF and the enormous fees charged. Likewise, Sky-
Eagle and HPFFA had directly criticized IAFF and the regional vice-president for HPFFA for
failing to fulfill its contractual obligations of support to HPFFA during its collective bargaining
efforts. IAFF and its District Vice President, Sandy McGhee ("McGhee"), decided to breach
their contractual and fiduciary obligations to HPFFA and make a "pact" with certain members of
The Band of Seven (who refer to Sky-Eagle as "Scab-Eagle"), still reeling from Sky-Eagle's
election and the ousting of long term union president and IAFF supporter.
10. The pact simply ignores the contracts, the law and the facts, and makes HPFFA
unable to conduct business because of its requirement to defend frivolous charges and makes
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Sky-Eagle so targeted and miserable that he would either resign or be ousted in a "kangaroo
court proceeding" controlled by IAFF, allowing The Band of Seven to appoint a successor
president to complete Sky-Eagle's term, which ends October, 2016, and cement HPFFA's
membership in IAFF and hundreds of thousands of dollars in dues, and McGhee secures his own
re-election and his IAFF pension.
11. HPFFA, in a proper action of its president, Sky-Eagle, also terminated the
services of public relations consultant, Erin Powers. As then told to Sky-Eagle by HPFFA
Communications Director Scott Wilkey ("Wilkey"), Mr. Powers was the best thing in the union
hall and the only person to be trusted. Sky-Eagle learned that Mr. Powers has worked with Mr.
Mumey's wife in litigation support for approximately 10 years, and has shared offices with Mr.
Mumey for the prior 3 to 4 years. The Band of Seven also filed misconduct charges for firing
Mr. Powers despite: 1) the express authority in the HPFFA bylaws to hire and fire assistance as
needed, and 2) the fact that the ex-president fired the previous financial controller the year
before. Nonetheless, the IAFF again allowed the charges to proceed.
12. After being advised by the HPFFA financial controller, Brooke Clifton
("Clifton"), that HPFFA was in the middle of a financial crisis where the corporation only had
approximate $900.00 in the operations bank account, HPFFA, through Sky-Eagle, promptly
withdrew six contract arbitrations to stop the thousands of dollars in legal fees and help the union
financially survive for as long as they could. During this time, McGhee attended a Board
meeting where he was informed that the union only had $900.00 in its bank account despite the
union's annual revenue of approximately $1.7M; filing or removing contract grievances is
reserved to the President in his official Executive duties; and protecting the corporation from
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financial ruin is every officers duty under Texas Law. Despite this fact the President is clearly
working in the best interest of the corporation and membership, the Band of Seven filed
misconduct charges on Sky-Eagle for HPFFA withdrawing arbitrations and again the IAFF
allowed the charges to proceed.
13. Given the number of charges that had been filed and the failure of the IAFF to
fulfill its obligation to be a proper gate-keeper, after the union received its payment from the
membership, HPFFA, through Sky-Eagle, hired a professional parliamentarian to help Sky-Eagle
manage the monthly union meetings. HPFFA's president, Sky-Eagle, has the express authority
to hire part-time assistance in the HPFFA bylaws and the specific power to employ
parliamentarians. The Band of Seven filed frivolous charges stating the professional
parliamentarian is making all the "rulings" and refuses to acknowledge that any "rulings" are
made by the Chairman, Sky-Eagle. Again the IAFF allowed the charges to go forward. HPFFA
now realizes that IAFF too did not want order maintained and business to be conducted.
14. During this time, Wilkey, The Band of Seven member charged with preparing
minutes, also began to slant and incorrectly scribe the meeting minutes. Sky-Eagle, as President,
advised Wilkey of the IAFF rules and the HPFFA adopted parliamentarian authority, Robert's
Rules of Order ("RRO"), that govern how the minutes are to be written and requested Wilkey
follow the rules. See Exhibit 4 for a copy of the email exchange on correcting the minutes. In
addition, all publications are subject to final approval by the President as outlined in the bylaws
as well. However, after Wilkey refused to comply with the rules, Sky-Eagle limited his duties to
those outlined in the HPFFA bylaws. Specifically, even though HPFFA Trustee Gabe
Dominguez writes an email confirming his correct count on a motion at a previous meeting,
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Wilkey still has yet to acknowledge the correct vote number in the minutes. Wilkey and The
Band of Seven then file charges alleging that limiting social media and website access are
violations of the bylaws; however, no such duties exist under the bylaws. That, however, did not
stop the IAFF from allowing the charges to proceed.
15. In a further effort to gain financial stability, HPFFA through Sky-Eagle also
established the Budget Committee to assist HPFFA with financial decisions and placed the
HPFFA financial controller, Clifton, and the financial director, Jimmy Campbell ("Campbell"),
on the committee with himself. But, Campbell and The Band of Seven later filed misconduct
charges with the IAFF for establishing the very budget committee Campbell had been sitting on
for months. This committee was previously approved by the membership as prescribed by the
HPFFA bylaws but, the IAFF still allowed the charges against Sky-Eagle to proceed.
16. Sky-Eagle also requested all outstanding credit cards be returned until the
financial health of HPFFA has improved. In retaliation for collecting the credit cards, The Band
of Seven filed charges against Sky-Eagle for purchasing a computer for his office 2 months prior.
When Sky-Eagle took office, there was no computer in the President's office on which to
conduct the business of HPFFA. Despite the fact that the computer equipment was approved by
the financial director and the expenses were reviewed by all three Trustees at the monthly
meeting and a full discussion has held between The Band of Seven, the Trustees and the
financial director, the IAFF allowed the charges to move forward. The IAFF's desire to stop any
legitimate business of HPFFA was becoming clearer as was its role in the efforts to oust
HPFFA's legitimately elected president, Sky-Eagle. The IAFF and McGhee ignored the
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contractual and fiduciary obligations owed to HPFFA and acted illegally and in concert with
certain directors because IAFF only cared about keeping HPFFA's dues flowing.
17. December 2013 begins with Mr. Chavez making the following motion at the
monthly Board of Directors meeting:

Motion to require the Union President not to conduct any negotiations, deals or private
discussions with any member of the Command Staff or representative of the City of
Houston without at least one (1) named principle officer in attendance. Furthermore, all
matters that result from these negotiations, private discussions, or through any channels
of communicating will first be approved by the Board of Directors.

While Sky-Eagle rules the motion out of order for not being in the best interest of the HPFFA
membership, this clearly set the path for the Band of Sevens continued attacks on Sky-Eagle to
discriminate and deprive him from acting as HPFFA Executive and President. As the following
paragraphs will show, the Band of Seven engaged in a pattern of attempting to strip Sky-Eagle of
any power in his elected position only to be controlled by the Band of Seven. In particular, the
Band of Seven would begin to frivolous file charges against Sky-Eagle for just about any
decision or action he took, along with recruiting other close followers to file charges and appeals
as well. Once the Band of Seven pumped the IAFF with continual appeals and charges, the IAFF
then began to court the Band of Seven, make a pack to remove Sky-Eagle and ultimately breach
its duty in the IAFF bylaws and maintain a neutral position to decide matters impartially and
fairly.

18. Later this same month, HPFFA, through Sky-Eagle, hired E. Michelle Bohreer and
the law firm of Bohreer & Zucker LLP ("Bohreer") as professional negotiators for the upcoming
contract negotiations with the City of Houston ("COH"). The hiring was based on the HPFFA
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membership's desire to employ professional negotiators in hopes of a better contract with COH.
From January to June, Bohreer has been involved in the collective bargaining process without
complaint from The Band of Seven, with Bohreer appearing before the Board and the
membership on multiple occasions. Only now that the proposed collective bargaining contract
was defeated does The Band of Seven complain about hiring Bohreer. And in a bold move to
secure power, The Band of Seven also now seek to suspend Sky-Eagle for employing Bohreer 7
months before. In the previous court battles, The Band of Seven did not complain to the courts
that Sky-Eagle hired Bohreer when he terminated the Mumey law firm, nor did they file charges
for hiring the Bohreer law firm without The Band of Sevens approval. Judge Kerrigan
specifically raised this fact in a court proceeding, which went unanswered by the Band of Seven,
and was apparently used in the Judges decision favoring Sky-Eagle. Today, in a request to the
IAFF President sent on July 9, 2014 and received by Sky-Eagle on July 14, 2014, The Band of
Seven seeks the IAFF to suspend Sky-Eagle for the cost of the Bohreer services without
acknowledging The Band of Seven and HPFFA has received the benefits of those costs for the
past 7 months.
19. Mr. Williams was removed as Chairman from the Wages and Benefits Committee
for refusing to update the union employee job descriptions to reflect the correct work the
employees were doing along with the corresponding wage adjustments. Sky-Eagle requested
this task to prepare for negotiations with the HPFFA employee's union and correct an ongoing
problem with proper work and pay. More on this removal and how it relates to misconduct
charges will be explained below.
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20. January 2014 began with Mr. Wilkey resigning from all other HPFFA committees
due to the ongoing dispute of the accuracy and correctness of the minutes as scribed by Wilkey.
Sky-Eagle advised The Band of Seven that, based on information from other Local Unions, the
IAFF, and HPFFA attorney Camberg, the proper procedure to approve minutes is for Directors
(which includes the Band of Seven) and the President (Sky-Eagle) to review them at the next
month's meeting. Later, in the monthly meeting, Sky-Eagle expressed to the entire The Band of
Seven that HPFFA should model the IAFF in posting and approval procedures for minutes, and
advises Wilkey that he should be following the rules and scribe what is "done" during the
meeting and not what was "said." These slanted minutes will be explained in later paragraphs in
connection to the ongoing frivolous charges The Band of Seven continues to file, and the IAFF
continues to allow.
21. Trustee John Franco ("Franco") resigned as Trustee and filed a bylaw change that
attempts to strip Sky-Eagle of all his authority to hire help and sign contracts. As stated in the
HPFFA bylaws, Sky-Eagle as President is the "Executive" and is vested with the legal power to
sign contracts, including employment contracts. The Bylaw Committee is a 3 member committee
consisting of Sky-Eagle, Director Valdez, and Mr. Koochack. The Committee unanimously
voted that Franco's proposed bylaw change was in conflict with HPFFA bylaws, IAFF bylaws
and state law. Nonetheless, The Band of Seven filed misconduct charges against Sky-Eagle for
the Committee's unanimous decision and the IAFF allowed the charges to proceed. Franco
subsequently filed an appeal with the IAFF which ruled in the Committees favor, but the IAFF
still maintains the charges against Sky-Eagle for the same claim of misconduct. This action by
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The Band of Seven is clearly in retaliation for The Band of Seven disagreeing with the bylaw
committee, but yet the IAFF maintains the misconduct charges against Sky-Eagle to this day.
22. This same month, a proposed bylaw change was submitted to the HPFFA general
membership for a vote. The 89 votes were counted by Trustee Dominguez and resulted in 30
votes against and 59 votes for the bylaw change. Referring to Exhibit 5, Sky-Eagle accepted
Director William's math calculation and Ex-Trustee Franco's math round-up. Amazingly, Mr.
Williams and The Band of Seven again filed charges of misconduct and falsely stated the count
was 90 total votes, which would cause the motion to fail. Also, on Exhibit 5, Communications
Mr. Wilkey has still refused to correct the meeting minutes showing the true and correct vote
count as 30 to 59 despite the email from Trustee Dominguez confirming the correct vote. With
the confirmation email from the Trustee, the IAFF again still allows the misconduct charges to
proceed.
23. Mr. White was previously removed from the grievance committee, but steady
complaints of Mr. White acting on behalf of HPFFA in representing members were given to
Steve Valdez, the new grievance committee Chairman. Sky-Eagle sent an email blast to the
membership and the Fire Department advising them that Mr. White did not represent HPFFA in
any grievance capacity. More on how this relates to The Band of Seven charges will be
explained below. Likewise, after Sky-Eagle received many other complaints on Mr. White, Sky-
Eagle removed White from the public relations committee.
24. Finally, reaching a breaking point with the drunk members at February's general
membership meeting, Sky-Eagle elected to hire two sergeant-at-arms to control the meetings.
Sky-Eagle's powers to control the meeting are limited to adjourning the meeting for unruliness,
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but by hiring sergeant-at-arms (like the IAFF does), the guards can eject drunk and disorderly
members from the meeting. The HPFFA bylaws do not speak directly to this issue, but do
expressly allow the President to hire help and assistance as needed, and exactly what Sky-Eagle
used as his authority to offer safety to the other participating members. But instead of helping
Sky-Eagle with the meeting, The Band of Seven filed more misconduct charges for appointing
two sergeant-at-arms without The Band of Seven approval, something that is not required under
any rule. And again the IAFF ignores its own practice of employing sergeant-at-arms and allows
the charges to advance.
25. Additionally and on this same topic of safety and order in the union meetings, Mr.
Wilkey, who acts as recording secretary, scribed in the February 2014 general membership
meeting that Sky-Eagle "walked out of the meeting" after citing unruly behavior. The fact is
Sky-Eagle "adjourned" the meeting in accordance with the IAFF Manual of Common Procedure,
as well as HPFAA's adopted rules of order. This is another example of how the minutes, as
written by Wilkey, are factually incorrect yet he refuses to amend them, and The Band of Seven
will not approve any changes to Wilkey's minutes despite a clear inaccuracy.
26. Also, this evidences a concerted effort to write the minutes as The Band of Seven
sees fit only to use it against Sky-Eagle in subsequent misconduct charges. This is the same
method employed by The Band of Seven when they challenged Sky-Eagle in court for removing
Mumey from the pending cases. This is also the reason the minutes are not offered to The Band
of Seven unless and until all The Band of Sevens, including Sky-Eagle, have the opportunity to
correct the minutes with the understanding that The Band of Seven will approve the correction.
This brings the union business to halt. Given IAFF's breach of contract, breach of fiduciary duty
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and conspiracy to act in a manner to thwart the business of HPFFA, HPFFA justifiably has no
confidence in the IAFF and no confidence that it will follow its own rules and require Wilkey to
follow the IAFF standing rules and document minutes as instructed by the IAFF.
27. February ended with Sky-Eagle giving 3 days notice for a special election
regarding a settlement agreement between HPFFA and COH. The IAFF allows any charges to
be vacated if the error is "de minimis," and 2 members filed misconduct charges for the lack of a
7 day notice. Not wanting to miss the chance, The Band of Seven seized the opportunity again to
file misconduct charges on the same matter. Although about 200 union members attended the
meeting (a regular attendance is about 20 members), and subsequently over 2,400 out of 3,600
union members voted (an all-time high of member participation that resulted in 1,600 FOR votes
and 800 NO votes) the IAFF considers that these 9 votes from the 2 members and The Band of
Seven members would somehow change the voting results (1,600:800). Ironically, the two
members and I believe all or most of The Band of Seven members attended the meeting and
presumably voted on the matter, yet the IAFF still maintains charges of misconduct despite the
"de minimis" quality of their charges. See Exhibit 6 for a copy of Sky-Eagle's summary and
explanation of the event.
28. In March 2014, The Band of Seven filed all their charges including the charge of
misconduct for removing Directors Williams and White from different committees. The dispute
arises from a difference of opinion of interpretation of the HPFFA bylaws. Regarding the proper
interpretation of the HPFFA bylaw that speaks to appointing Directors as Chairman in standing
committees (with an accompanying wage of $25.00 per hour), it states the Directors shall serve
as Chairman as designated by the President. Based on previous behavior and complaints of
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certain Directors, Sky-Eagle has declined to designate any of these Directors for obvious
reasons. While The Band of Seven insists the bylaws mandate that the President appoint
Directors as Chairman to receive the prestige and pay, Sky-Eagle raised a different interpretation
using the IAFF's own bylaws as a guide. Here, the IAFF's bylaws specifically states that the
IAFF President shall appoint IAFF Directors as IAFF Chairman of committees. The HPFFA
bylaws do not state this duty for the HPFFA President, and therefore it raises the ambiguity as to
the double meaning of the HPFFA bylaw: Does it mean the Directors shall serve as chairman
and the President is mandated to appoint them; or, does it mean that if the President appoints
them they shall serve as Chairman? Luckily the recourse for The Band of Seven on matters of
bylaw interpretation is clearly defined in the IAFF bylaws; to wit, the Directors must file an
appeal with the IAFF President for a ruling. However, The Band of Seven decided to not pursue
this recourse and instead filed misconduct charges against Sky-Eagle for his interpretation.
Again, the IAFF has ignored its own rules and allowed the charges to proceed. Moreover, in a
recent conversation between Sky-Eagle with McGhee, McGhee now states there is no ambiguity
in the HPFFA bylaws and attempts to act as the IAFF President in rendering an interpretation for
these bylaws. This is highly improper and HPFFA refuses to recognize McGhee as the proper
person to issue an interpretation especially when the IAFF bylaws are crystal clear on who
makes that decision. Nevertheless, the IAFF charges proceed as if there were no rules to follow.
29. April's Directors meeting was cancelled due to conflicting schedules of the
Chairman and Vice-Chairman. See Exhibit 7 for a copy of the email cancelling the meeting.
Having no authority to call a meeting, The Band of Seven called one anyway but failed to elect a
chairman for the meeting, thus rendering the meeting illegitimate under HPFFA's
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parliamentarian authority RRO. Based on the purported minutes by The Band of Seven, they
sought and received approval from McGhee to make the meeting legitimate. See Exhibit 8 for a
copy of the purported minutes. At this meeting, The Band of Seven took the opportunity while
Sky-Eagle is down the street at a collective bargaining meeting, and Vice-Chairman Valdez was
in Boston attending a line of duty death funeral, to approve the past month's meeting minutes
which remained in dispute for correctness, accuracy and compliance with the IAFF rules.
30. At the illegal meeting, The Band of Seven passed two unauthorized purported
motions to give political campaign contributions, along with a $2,500 donation to the Stars and
Stripes Charity Golf Tournament. The charitable donation was subsequently reintroduced in next
month's meeting, thereby confirming that The Band of Seven knew the meeting was improper.
The IAFF actively participated in this illegal meeting as stated below.
31. When Sky-Eagle discovered this meeting, he subsequently removed Legislative
Mr. Villarreal pending an investigation into misconduct for the political campaign contributions.
Likewise, Sky-Eagle advised The Band of Seven he will not recognize the purported meeting
and all motions contained therein. The Band of Seven also passed a motion inviting McGhee to
attend next month's Directors meeting knowing very well that McGhee does not visit a local
union without the expressed invitation of the President or the membership. With no Director or
McGhee advising or informing Sky-Eagle of this invitation to McGhee to attend the meeting,
their attempt to "ambush" Sky-Eagle was discovered and spoiled by Sky-Eagle.
32. In Sky-Eagle's investigation into The Band of Seven's secret meeting, he contacts
McGhee to confirm McGhee authorized the meetings, which McGhee denies and states its does
not matter what he tells The Band of Seven because HPFFA is autonomous. In that conversation,
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Sky-Eagle then advised McGhee that he can visit with The Band of Seven but does not see the
need to visit with him. McGhee's personal motives and inability to maintain a neutral position
between The Band of Seven and Sky-Eagle becomes more apparent.
33. In June The Band of Seven motions to attend the IAFF Convention in Cincinnati
Ohio, which is denied by Sky-Eagle for bylaw conflict and the ongoing financial concerns. The
Band of Seven appealed the denial to the IAFF and the next month, the IAFF disregarded Sky-
Eagle's detailed explanation of the lack of funds, something IAFF McGhee is familiar with, and
proceeded to "order" to The Band of Seven, and Sky-Eagle, to attend the IAFF Convention and
cover all reasonable expenses. The IAFF President clearly oversteps his authority in ordering a
Texas Corporation to expend funds they do not have and attend a convention sponsored by the
IAFF and its President. See Exhibit 9 for a copy of the order. This is now another event where
the IAFF loses its neutrality in resolving disputes with HPFFA officers when it orders an
autonomous Texas Corporation to spend the local union's membership's money that only directly
benefits the IAFF regardless if the corporation has the funds or not.
34. After the Band of Seven returned from the IAFF Convention that Sky-Eagle, as
HPFFA's President, was illegally ordered to send them on and have HPFFA pay all reasonable
cost, Sky-Eagle was informed that the Band of Seven's real purpose was to vote "for" a motion at
the convention that would give IAFF Vice Presidents a pay raise. McGhee is a IAFF VP and
directly benefits from a favorable vote that gives a pay raise to himself. The IAFF pay raise is
funded through a dues increase at the local union level, such as through HPFFA. Therefore,
HPFFA will now have to raise dues to fund McGhee's pay raise. Sky-Eagle also learned that the
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vote narrowly passed where HPFFA's vote may have played a deciding factor in McGhee's pay
raise.
35. Having learned that McGhee and the Band of Seven partnered to secure McGhee's
pay raise, McGhee further revealed his self-dealing and now is indebted to the Band of Seven for
pay back. Combining the non-neutral role McGhee has consistently displayed over the past
months, with the direct pay raise the Band of Seven has bestowed unto him, McGhee and the
IAFF stand to gain more money from HPFFA with only Sky-Eagle standing in the way. Now
since the vote is in, any chance of the IAFF following its rules, or McGhee justly and without
prejudice orchestrating a fair trial board, Sky-Eagle has no chance to survive the corrupted
process.
36. This "order" is also in direct conflict with the IAFF Bylaw, Article XIII, Section 8,
Rights of Members, where it prohibits conduct that would interfere with the local union's
performance of their legal right to fulfill existing contractual obligations. In a response to the
IAFF's order, Sky-Eagle sends an email to the membership advising them of the IAFF's order
and directs Campbell to figure out a way to pay for the expenses. Complying with this order
causes Campbell to withhold paychecks to HPFFA union workers, professionals such as the
general counsel, PR Consultant, Bohreer and other contractual obligations. Cleary this order
engaged in conduct that interfered with Sky-Eagle's duty to ensure HPFFA honors its pre-
existing contracts over an unnecessary expense such as the IAFF convention. But this is not the
only example of the IAFF engaging is self-dealing at the expense of HPFFA and its President
Sky-Eagle.
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37. Thereafter, Sky-Eagle speaks with McGhee about the email explaining HPFFA's
current financial hardship and the IAFF order that further burdens the union. In that
conversation, HPFFA was advised that McGhee has already selected the City of Beaumont for
the selection of the trial board members. This selection violates IAFF Bylaws, Article XVII,
Section 1(A) as McGhee can only select a neighboring union in the event that "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." There is immense doubt
that all the members (approximately 3,400) of HPFFA are involved in the conduct giving rise to
the trial board to cause McGhee to select Beaumont. Along with that, it is common knowledge
that Beaumont and Houston firefighters know each other and have close ties. This is not so with
other cities in Texas.
38. After disregarding this bylaw, IAFF and McGhee further explained that he now
believed the trial board will remove Sky-Eagle from office based on Sky-Eagle, as president of
HPFFA, sending a detailed financial email to HFPPA's members as mentioned above. Aside
from the fact that HFPPA, through its President, surly is entitled to inform its own membership
of the current financial hardships, along with the IAFF's heavy financial burden now imposed by
the IAFF President, McGhee now revealed that he knows how the trial board will rule as
compared to pre-email and post-email by Sky-Eagle. McGhee stated that before the email was
sent, they would not remove Sky-Eagle, but now, after the email he would "make no promises."
IAFF and McGee have 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
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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.
39. Moreover, after Sky-Eagle researched how this process has been done with other
IAFF members, he is told that based on these circumstances and the history of McGhee, the fix
is in. As will be exampled in the below paragraphs, setting up frivolous charges and kangaroo
courts has been practiced before by the IAFF.
40. The illegality of the IAFF's action are further illuminated by McGhee's admission
that he will personally speak to each member of the possible trial board. Along with the
Beaumont roster, McGhee informed Sky-Eagle that after each side strikes 2 members on the list,
he would reach out to the remaining members to ask them if they wanted to serve on the trial
board. This gives McGhee unrestricted and unfettered access to the 3 members that will be
deciding Sky-Eagle's position. It is also common knowledge that this process has been proven to
be corrupt and should not be continually used. For example, there is at least one other Texas
union president that went through this trial board process and he had to rely on the trial board
members to reveal and disclose all relationships with his accuser. In that case, integrity of the
process was not maintained and the trial board members did not disclose his connections with the
accuser, rather the president on trial had to discover the secrets through previous IAFF meeting
minutes, convention rosters and a lot of luck. The minutes are not posted as they were and Sky-
Eagle does not have any of the same access or luck to discover improper connections.
41. Turning to HPFFAs financial director and co-signer on all corporate checks, Jimmy
Campbell, over the past two months Campbell has unilaterally decided to breach several
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contracts because of his dissatisfaction with Sky-Eagle. Specifically, Campbell has refused to
pay on the existing contracts for the following:
a. Roy Camberg, HPFFA General Counsel since November 2013;
b. Reyne Hirsch, HPFFA Media Consultant since January 2014;
c. Several HPPFA standing committee members who work in accordance with
HPFFAs bylaws.
Due to Mr. Campbells decision to take hostage HPPFAs finances, Sky-Eagle has been
unable to carry out his duties as President of HPFFA. Based on information and belief, the
financial director is acting under the guidance, encouragement and direction of the IAFF to
further paralyze Sky-Eagles ability to fulfil his duties as President and enhance the perception
that Sky-Eagle is not taking action desired by the membership.

42. With The Band of Seven's latest request to suspend HPFFA's president and IAFF's
Sky-Eagle fears immediate imminent harm will occur if a TRO and subsequent temporary
Eagle.
43. 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 the Band of
Seven petitioned the IAFF to summarily suspend Sky-Eagle for frivolous causes, and the fact
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that a pack has already been formed between the IAFF and the Band of Seven, any suspension
summarily made by the IAFF would be prejudicial to Sky-Eagle by allowing the Band of Seven
and the IAFF to remove Sky-Eagles ability to serve as the duly elected President by the HPFFA
membership, and performing all the duties the membership requires.

CAUSES OF ACTION
FIRST CAUSE OF ACTION: BREACH OF CONTRACT
45. Through the above described conduct, Defendants in Intervention breached its
contract with Sky-Eagle, thereby proximately causing damage to Sky-Eagle within the
jurisdictional limits of this Court for which Paramount requests recovery. Sky-Eagle seeks
reasonable and necessary attorneys fees pursuant to Section 38.001 of the Texas CPRC.
SECOND CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY
47. The IAFF and its officers and directors have a fiduciary duty to each of its members,
including Sky-Eagle, to act in the members best interest not the IAFFs 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 Sky-Eagle by, among other things,
not dismissing frivolous charges, failing to comply with its expressed bylaws and conspiring
with The Band of Seven. The IAFF is breaching its fiduciary duty to protect the Sky-Eagle by
maintaining neutrality and ignoring its role as gatekeeper and, consequently, to protect Sky-
Eagle in his position as President of the HPFFA.
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THIRD CAUSE OF ACTION:
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONSHIP

49. Through their conduct as described above, the IAFF has intentionally and willfully
interfered with the contractual relationships between Sky-Eagle and the members of HPFFA, and
the HPFFA itself. Such tortious interference is directly impacted the ability of HPFFA to
conduct business and for Sky-Eagle to perform his duties as President of the HPFFA.
FOURTH CAUSE OF ACTION: DISCRIMINATION FOR NON-UNION
STATUS/VIOLATIONS OF THE TEXAS LABOR CODE

51. The IAFF has failed to take action based upon expressed discrimination against Sky-
Eagle related to his previous non-union status. Despite actual knowledge, Sky-Eagle has been
openly referred to as a scab and called scab-eagle. The IAFF has not only refused to take
action but by virtue of its inaction engaged in intentional discrimination against Sky-Eagle.
Through certain members of The Band of Sevens conduct as described above, by referring to
Sky-Eagle as Scab-Eagle, blatantly discriminated against Sky-Eagle on his past non-union
status, which continues to today. By the IAFF Vice President McGhee making a pact with The
Band of Seven, the IAFF is engaging and condoning this blatant discrimination.
FOURTH CAUSE OF ACTION: CONSPIRACY

53. The Band of Seven 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
the Band of Seven. The IAFF engaged in conduct as outlined above with The Band of Seven,
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the object of which was to accomplish an unlawful purpose or a lawful purpose by unlawful
means. The IAFF and The Band of Seven 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 Sky-Eagle in an amount within the
jurisdictional limits of this Court for which Sky-Eagle requests recovery.

The Defendants in Intervention, unless restrained from engaging in the conduct described
above, will continue to engage in such conduct, thereby causing immediate and irreparable harm
to Sky-Eagle. Therefore, Sky-Eagle requests that the Defendants in Intervention be immediately
and temporarily restrained and enjoined from, including restraining the Defendants in
Intervention from suspending HPFFA's president Sky-Eagle until such time as a trial on the
merits may proceed.
WHEREFORE, Bryan Sky-Eagle, Intervenor, prays that this Court cite Defendants in
Intervention Houston Professional Firefighters Association Local 341 and International
Association of Firefighters Foundation to appear and answer herein, and upon final trial, award
the following to Intervenor:
For the reasons set forth above, Intervenor requests that the Court:
1. Grant his Application for Temporary Restraining Order;
2. Grant his Application for Temporary Injunction;
4. Award attorneys fees;
5. Award Intervenors costs of Court;
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6. Award Intervenor pre-judgment and post-judgment interest at the maximum legal
rate; and
7. Grant Intervenor such other and further relief for which he is justly entitled.

BRYAN SKY-EAGLE, INTERVENOR, PRO SE
9597 Jones Road, Suite 272
832-640-5095
281-955-9985 (fax)
bryan@skyeaglelaw.com

CERTIFICATE OF SERVICE

I hereby certify that on August 11, 2014 the forgoing document was sent to counsel of
record by the email to the following:

Michelle Bohreer
Two Greenway Plaza, Ste. 600
(713) 526-8100

Roy Camberg
17225 El Camino Real, Ste. 444
(281) 486-6900

Bryan Sky-Eagle
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Document 5
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Document 6

Document 7
COUNSEL OF RECORD

For Plaintiff Houston Professional Fire Fighters Association, Local 341:

Roy Camberg
THE CAMBERG LAW FIRM, P.C.
17225 El Camino Real, Suite 444
Houston, TX 77058
Phone: (281) 486-6900

E. Michele Bohreer
Todd J . Zucker
BOHREER & ZUCKER LLP
2 Greenway Plaza, Suite 600
Houston, TX 77046
Phone: (713) 526-8100

For Intervenor Bryan Sky-Eagle:

Bryan Sky-Eagle, pro se
9597 J ones Road, Suite 272
Phone: (832) 640-5095

For Defendant International Association of Fire Fighters:

Philip Durst
DEATS DURST OWEN & LEVY, P.L.L.C.
1204 San Antonio Street, Suite 203
Austin, Texas 78701
Phone: (512) 474-6200

Thomas A. Woodley
Douglas L. Steele
WOODLEY & McGILLIVARY
1101 Vermont Ave, N.W.
Suite 1000
Washington, D.C. 20005
Phone: (202) 833-8855


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FOR IMMEDIATE RELEASE Contact: T.

IN THE DISTRICT COURT OF

HARRIS COUNTY, TEXAS

NOT r f 131 B IN AND FOR THE

Newfoundland New Brunswick

Local Unions. Decisions of local union trial boards shall be submitted to

which-shall-include-the written-appealTopposing-statement-Of-any-L-all-prior-appeals and

1st Washington, DC February 1918

2nd Portland, Oregon September 1919

3rd St. Louis, Missouri September 1920

4th Columbus, Ohio September 1921

5th Tulsa, Oklahoma September 1922

6th Montreal, Quebec September 1923

7th Kansas City, Missouri September 1924

8th Philadelphia, Pennsylvania October 1926

9th Milwaukee, Wisconsin September 1928

10th Halifax, Nova Scotia September 1930

11th San Diego, California August 1932

12th Cedar Point, Ohio August 1934

13th Asbury Park, NewJersey September 1936

14th Atlanta, Georgia August 1938

15th DesMoines, Iowa September 1940

16th Columbus, Ohio September 1942

17th Louisville, Kentucky September 1944

18th Toledo, Ohio September 1946

19th Houston, Texas September 1948

20th Milwaukee, Wisconsin September_1950

21st Seattle, Washington September 1952

23rd Montreal, Quebec August 1956

24th Wichita, Kansas August 1958

25th Buffalo, NewYork August 1960

26th San Antonio, Texas August 1962

27th San Diego, California August 1964

28th Indianapolis, Indiana August 1966'

29th Toronto, Ontario August 1968

30th Miami Beach, Florida August 1970

31st Los Angeles, California August 1972

32nd Baltimore, Maryland August 1974

33rd Denver, Colorado August 1976

34th Las Vegas, Nevada August 1978

36th Chicago, Illinois August 1982

37th Cincinnati, Ohio August 1984

38th Las Vegas, Nevada August 1986

39th Miami Beach, Florida August 1988

40th St. LouiS, Missouri August 1990

41st Vancouver, British Columbia August 1992

42nd Detroit, Michigan August 1994

Ex. Bd. Appointed

Ex. Bd. Appointed

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