By-Laws

NORTH CAROLINA

LAW ENFORCEMENT OFFICERS ASSOCIATION

BY-LAWS

 REVISED: May, 2019

 


NORTH CAROLINA LAW ENFORCEMENT OFFICERS ASSOCIATION BY-LAWS

 

ARTICLE I

NAME OF THE ASSOCIATION

 The name of this corporation shall be the North Carolina Law Enforcement Officers Association. Its principal place of business shall be Raleigh, North Carolina.

ARTICLE II OBJECTIVES, PURPOSES AND SCOPES

 

  1. To promote closer relations between all persons interested in or actively engaged in the prevention of accidents and crime and enforcement of
  2. To suppress crime by state-wide cooperation, in the arrests of criminals and searches for fugitives from justice.
  3. To instill in members of the Association integrity, professionalism, commitment, respect and pride in their work and thereby their profession to uphold the dignity of the
  4. To promote better public relations through civic organizations, to support such organizations in the interests of better public relations, and to advance friendly and courteous dealings with the
  5. To assist legislators in the enactment of needed criminal laws and the amendment of existing inefficient laws; take necessary action on all existing and proposed legislation that will affect the law enforcement
  6. To create and maintain a line of duty death benefit plan for its
  7. To establish, publish and distribute a Journal devoted exclusively to matters of interest to law enforcement

ARTICLE III

MEMBERSHIP

 The membership of the Association shall be divided into the following classifications:

 

(1) Active members

  • Retired/Separated Members
  • Life Members
  • Associate Members
  • Honorary Members

These classifications are defined more fully in Article XI.

ARTICLE IV BOARD OF DIRECTORS

 

Section 1.

BOARD OF DIRECTORS. The Board of Directors shall manage the business affairs of the Association. The Board of Directors shall be comprised of the Chairman of The Board (Immediate Past President), President, First Vice-President, Second Vice-President, Secretary-Treasurer, Sergeant- at-Arms, and eight Directors.

Section 2.

TERMS OF OFFICE. The officers of the Association shall be a President, First Vice-President, Second Vice-President, Secretary-Treasurer and Sergeant-at Arms. These officers shall hold their respective offices for a term of one year or until their successors are elected and qualified.

Directors shall hold their offices for a term of two years. Four Directors shall be elected at each Annual Conference to replace those four Directors whose two-year terms are about to expire.

ARTICLE V – ELECTIONS

 

Officers and Directors shall be voting members and elected by ballot at the Annual Conference of this Association by a majority of the attending voting members. Any nominee for President shall have served a minimum of three years as a member of the Board of Directors.

ARTICLE VI

KILLED-IN-THE-LINE OF DUTY DEATH BENEFIT FUND

Section 1.

A fund shall be created to provide for the payment of a death benefit to the designated beneficiaries of any active member of the Association who dies as a result of injuries received in the line of duty.

Section 2.

The Board of Directors shall, by proper resolution and without delay, appropriate sufficient money to the death benefit fund to pay the death benefit and to defray costs incurred by the Benefits Committee.

Section 3.

The amount of the death benefit payable to any beneficiary or estate shall be in the amount which has been set by majority vote of the Board of Directors or of the voting members in attendance at the Annual Conference.

Section 4.

Benefits shall be payable only to designated beneficiaries of active members who are in good standing and not under suspension of duty at death.

Section 5.

The Death Benefit Fund shall only cover active members.

Section 6.

The Secretary shall submit to the Benefits Committee all information pertaining to a claim against the death benefit fund. Should a death benefit be awarded by the North Carolina Industrial Commission on this claim, then the Benefits Committee may accept the Industrial Commission’s determination as conclusive proof that the death was in the line of duty and award benefits. Should a death benefit not be awarded by the North Carolina Industrial Commission on this claim, then the Benefits Committee may accept the Industrial Commission’s determination as conclusive proof that the death was not in the line of duty and deny the claim for benefits. If the claim involves a law enforcement officer who was not employed full time at the time of the member’s death, then the Benefits Committee may conduct an investigation to determine whether the circumstances of the officer’s death met these By-Laws and in conformity with N.C.G.S. § 143-166.2 (c).

Section 7.

The term “Killed in the line of duty” shall apply to any law enforcement officer who is killed or dies

  • as a result of bodily injuries sustained or
  • as a result of extreme exercise or
  • as a result of extreme activity experienced in the course and scope of the officer’s official duties while in the discharge of the officer’s official duty or duties. (N.C.G.S. 143-166.2 (c)).

Section 8.

The Board of Directors may terminate the death benefits fund without advance notice and shall transfer any monies in the Death Benefit Fund to the General Fund of the Association only after approved outstanding claims have been settled.

ARTICLE VII PROPERTY

Members of the Association shall receive certificates of membership in the classifications to which they belong. These certificates shall entitle members to all privileges of the Association based upon that classification. A certificate shall not entitle a member to any pecuniary or financial gain of any form. If a member resigns, is suspended or is expelled because of any violation of the By-Laws or Association rules, or because of non-payment of dues or assessments, the member shall forfeit any and all rights or interests in the property of this Association and shall surrender this certificate of membership which will be canceled.

ARTICLE VIII

THE BOARD OF DIRECTORS

Section 1.

The Board of Directors shall have full power and authority between conferences to perform all functions which the Association might perform except:

  • as specifically limited by the Articles of Incorporation:
  • as specifically limited by these By-Laws; and
  • as specifically limited by those specific powers and duties granted solely to other authorities in the

Section 2.

The Board of Directors shall be bound by the action taken by a majority of the voting members present during any duly convened Annual Conference or duly convened Special Conference.

Section 3.

  1. The Board of Directors shall not convene a meeting which conflicts with any business session of the
  2. The Board of Directors shall hold special meetings only:
  • upon the order of the President; or
  • in the absence of the President, upon the order of the First Vice-President; or
  • upon written request of any four members of the Board of

Section 4.

The Board of Directors may authorize the employment of the necessary personnel to conduct Association business. The Board of Directors shall determine the powers and duties of these employees.

Section 5.

The Board of Directors shall be comprised of the following:

(1) Chairman of the Board (Immediate Past President)

  • President
  • First Vice-President
  • Second Vice-President
  • Secretary-Treasurer
  • Sergeant-at-Arms
  • Eight Directors, two from each of four districts

Each of these Board of Directors members shall have voting powers except the Chairman of the Board, who shall vote only in the case of a tie.

The four districts for representation by Directors shall be as follows:

NCLEOA Districts – by County

District 1

Beaufort, Bertie, Camden, Chatham, Chowan, Currituck, Dare, Durham, Edgecombe, Franklin, Gates, Granville, Halifax, Hertford, Hyde, Johnston, Lee, Martin, Nash, Northampton, Orange, Pasquotank, Perquimans, Person, Pitt, Tyrrell, Vance, Wake, Warren, Washington, Wilson

District 2

Bladen, Brunswick, Carteret, Columbus, Craven, Cumberland, Duplin, Greene, Harnett, Hoke, Jones, Lenoir, New Hanover, Onslow, Pamlico, Pender, Robeson, Sampson, Scotland, Wayne

District 3

Alamance, Anson, Cabarrus, Caswell, Davidson, Davie, Forsyth, Guilford, Iredell, Mecklenburg, Montgomery, Moore, Randolph, Richmond, Rockingham, Rowan, Stanly, Stokes, Surry, Union, Yadkin

District 4

Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Jackson, Lincoln, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Swain, Transylvania, Watauga, Wilkes, Yancey

 

Section 6.

A Majority of the Board of Directors shall constitute a quorum for the transaction of business.

Section 7.

  1. The Board of Directors may fill vacancies for any unexpired term which occurs in any elective That appointee shall remain in the appointed position until the next Annual Conference.
  2. A vacancy exists in any office of the Association when:
  • The Board of Directors determines by resolution that such a vacancy exists;
  • An officeholder dies;
  • An officeholder is incapable of or fails to perform the duties of their office;
  • There is a change in the officeholder’s Active Membership status.

ARTICLE IX  OFFICERS OF THE ASSOCIATION

 

Section 1.

The following shall be the official representatives of the North Carolina Law Enforcement Officers Association:

(1) Chairman of the Board (Immediate Past President)

  • President
  • First Vice-President
  • Second Vice-President
  • Secretary-Treasurer
  • Sergeant-at-Arms
  • Eight Directors, two from each of four districts

The President and each Vice-President shall be from a different district when possible. The Secretary-Treasurer and Sergeant-At-Arms may be elected from any district.  In the event that there is no candidate for a vacant director position who is from that district, the director position may be filled by a member who is from another district.

Section 2.

The President shall be chosen from the eligible Vice-Presidents or eligible members of the Board of Directors of the Association. The President shall meet the requirements set forth in ARTICLE V above.

Section 3.

The term of office for the elected officers shall be one year from the date of election or until such times as their successors have been duly elected and qualified. The Secretary-Treasurer may serve longer at the discretion of the Board of Directors if service is satisfactorily rendered and the Secretary-Treasurer is re-elected. The Secretary-Treasurer may be relieved of the Secretary-Treasurer’s duties for other causes.

Section 4.

Nominations for officers and directors shall be allowed from the floor at the Annual Conference in addition to the nominations offered by the Nominating Committee. Nominees must meet the qualification requirements set forth in ARTICLE V.

ARTICLE X DUTIES OF OFFICERS

Section 1.

PRESIDENT- The President shall preside at all meetings of the Association. The President’s decision in conducting Association meetings shall be final unless otherwise provided for by this constitution. The President’s decision may only be reversed by two-thirds vote of the membership present at the regular Annual Conference. The President shall appoint temporary officers in the case of extended absenteeism. The President, with approval of the executive committee, may call a special meeting of the Association as occasion or circumstances warrant, with advance notice to the membership of the purpose, date, time and place of such special meeting. The President or the President’s designee and Secretary-Treasurer shall sign all checks drawn against the fund of the Association.

Section 2.

FIRST VICE-PRESIDENT- The First Vice-President shall act as presiding officer of the Association during the temporary absence or disability of the President. The First Vice-President automatically shall succeed to the office of President in the event of the death, disability, resignation or removal from office of the President. Under these circumstances, the First Vice-President shall serve the unexpired term of the outgoing President. The First Vice-President’s duties shall also include serving on both the Conference Committee and the Benefits Committee.

Section 3.

SECOND VICE-PRESIDENT- The Second Vice-President shall act as the presiding officer of the Association during the temporary absence of the President and the First Vice-President. The Second Vice-President shall automatically succeed to the office of the First Vice-President in the event of death, disability, resignation or removal from the office of the First Vice-President. The Second Vice- President shall serve the unexpired term of the First Vice-President. The Second Vice-President shall serve as a member of the Audit and Budget Committee.

Section 4.

SECRETARY-TREASURER. The Secretary-Treasurer shall:

  • Collect all dues and make an accounting of such funds at the regular Annual Conference;
  • Have the authority to disburse monies for such incidental expenses as membership cards, stationary, mailing and printing;
  • Place all unexpended money in an appropriate account (s) to the credit of the Association;
  • Perform other duties required of the Secretary-Treasurer by the President of the Association;
  • Keep a correct Record of all proceedings of the Association and file all documents and minutes relating thereto;
  • Draw all orders for the Association, or as otherwise provided for, which the Secretary-Treasurer shall sign after they have been attested to by the
  • Maintains oversight responsibility for supervision of the daily operation of the NCLEOA office and Association

 

ARTICLE XI MEMBERSHIP

Section 1.

There shall be the following classifications of membership in the Association:

  • ACTIVE MEMBERS – Persons who are: (a) certified by the North Carolina Criminal Justice Education and Training Standards Commission; or (b) certified by the North Carolina Sheriffs’ Education and Training Standards Commission; or (c) Sheriffs; or (d) federal law enforcement officers with the power of
  • RETIRED/SEPARATED MEMBERS – Active members of the Association who have since retired or separated from law enforcement and meet one of the following criteria:
  1. Regularly retired from a law enforcement agency and currently receiving benefits from a federal, state, or local government retirement
  2. Medically retired from a law enforcement agency and currently receiving benefits from a federal, state, or local government program and who at the time of disability was an active member of the
  3. Completed ten (10) or more years of service as a law enforcement officer as defined in this Article of these By-Laws with five (5) consecutive years of active membership in the Association prior to retirement or separation.
  • LIFE MEMBERS– Persons who are current or former active members who are elected to life membership by the Board of Directors for having rendered an extraordinary service to the
  • ASSOCIATE MEMBERS- Persons who are (a) not eligible for active membership; or (b) other individuals subject to the approval of the Board of Directors.
  • HONORARY MEMBERS- Persons who are ineligible for active membership but whom the Board of Directors have

Section 2.

Active, Retired/Separated and Life Members have voting privileges when they are in attendance at the Association’s Annual Conference or any Special Conference.

Section 3.

Any amendment to the By-Laws which changes the classification or status of a member shall not affect the member’s membership rights to which the member was entitled prior to the amendment.

Section 4.

An application or request for a Life Membership or Honorary Membership must be submitted in writing to the Board of Directors, which will refer it to Membership Committee for investigation, review, and recommendation, prior to a vote by the Board of Directors.

 

ARTICLE XII COMMITTEES

Section 1.

The President shall appoint the following standing committees at the first meeting of the Board of Directors following the Annual Conference. These appointments shall be for the following year:

  • Audit and Budget
  • Benefits
  • Conference
  • Journal
  • Legislature
  • Membership
  • Resolution and By-Laws

The President may appoint any other special committees as needed. These special committees shall be dissolved at the conclusion of their assigned project or operation.

Each of the standing committees and special committees shall consist of a chairman and at least two members appointed by the chairman with the concurrence of the President.

Section 2.

The President shall be an ex-officio member of the standing and special committees

Section 3.

The President or the Board of Directors shall have the power to remove any member of any committee for neglect of duty.

ARTICLE XIII DUES

Section 1.

A majority of the voting members at the Annual Conference of the North Carolina Law Enforcement Officers Association shall approve the annual dues which will be effective beginning January 1 of the year following the Annual Conference. The initial dues payment by a member will cover a period ending on the last day of June. Future dues payments will be due on the first day of July.

Section 2.

Membership in the Association shall terminate automatically and membership benefits are forfeited automatically without further Association action:

  • When dues or other indebtedness of an active member remains unpaid for a period of thirty (30) days past the due date; or
  • There is an interruption in the active membership status or

An active member’s membership benefits may be reactivated by payment of current dues within six months of the membership termination. If the dues are not paid within six months, the member shall submit a new application for membership. A member shall have no claim for benefits during the time that the member’s membership was in a lapsed state.

Section 3.

Legal assistance shall be an added benefit offered by the Association without  any assessment to the members. The Board of Directors shall have the full power to raise or lower the benefits as they deem necessary and proper in accordance to the monies received from dues and other income to the Association.

ARTICLE XIV CONFERENCE

The Board of Directors shall determine the time and place of the Annual and Special Conferences and shall notify all members by direct mail or through the official Association publication at least thirty (30) days prior to the scheduled date. The Board of Directors may notify members via United States Mail or electronic mail (e-mail) 35 days prior to the meeting date. Each member authorized to vote attending the conference shall provide proof of membership in order to vote. Only eligible members shall be eligible to vote.

ARTICLE XV AMENDMENTS

These By-Laws may be amended only at an Annual Conference or at a Special Conference called for that purpose.

A proposed amendment may be submitted by the Board of Directors or by twenty-five eligible members of the Association.

Proposed amendments to the By-Laws shall be presented in writing to the Secretary of the Association and must be published in the Journal at least thirty days prior to the Annual or Special Conference.

Only eligible voting members shall vote on amendments. A majority of the votes of the voting members present shall be sufficient to adopt the amendment.

 

ARTICLE XVI

DISTRIBUTION OF FUNDS UPON DISSOLUTION

Upon the legal dissolution of this Association, the Board of Directors shall pay all outstanding debts and obligations and distribute whatever funds are remaining to a criminal justice related corporation recognized under section 501(c)(3) of the Internal Revenue Code or to a criminal justice related agency of the State of North Carolina or of any political subdivision thereof.

ARTICLE XVII DUTIES OF MEMBERS

Section 1.

All members of the Association shall render proper and faithful adherence to the laws of the State of North Carolina; shall abide by the Articles of Incorporation and By-Laws of this Association; and shall faithfully discharge the duties of their office.

Section 2.

No members shall, in any manner, utilize the Association as a means for personal political advancement.

Section 3.

Rank does not exist while attending Association meetings. All members are law enforcement officers, regardless of their position or rank.

Section 4.

All members shall promptly pay all dues, assessments, and fines which may be assessed against them.

Section 5.

Any Association member who sells, loans, or gives away the member’s membership certificate or other insignia indicative of active membership shall be forever barred from further Association membership and benefits.

Section 6.

At such time as a member no longer meets the criteria for active membership as set out in Article XI, Section 1 of these By-Laws, the member’s status as an active member shall be automatically suspended. The member’s status shall be changed to Associate Member. Each member shall notify the Association through its business office of the member’s changed status. Failure to do so within five (5) business days may result in total loss of membership for one year. If a member retires or separates from active law enforcement duty, the member’s membership status does not result in suspension of the member’s active membership; rather, the rules governing membership for Retired/Separated members shall prevail.

The following members shall automatically be expelled from the Association:

  • Any member whose certification by the NC Criminal Justice Education and Training Standards Commission is revoked or suspended;
  • Any member whose certification by the NC Sheriffs’ Education and Training Standards Commission is revoked or suspended;
  • Termination of employment by a Federal

An expelled member may apply for a review of the member’s status by the Board of Directors which shall review such requests at the next regularly scheduled meeting. A majority of the members of the Board present may render a decision.

Membership dues are not refundable when membership is revoked.

Section 7.

The Board of Directors shall suspend or remove any Board member who loses the status of voting member. In addition to loss of membership, the Board of Directors may remove any member of the Board for misuse of Association funds or property. The removal of a Board member shall be by a two-thirds (2/3) majority vote of the Board.

Section 8.

A member whose application for membership was submitted with fraudulent information or with misrepresentation of facts shall have that application canceled and shall forfeit any and all benefits and any privileges afforded by that membership. The Board of Directors may grant a hearing to reinstate the membership.

ARTICLE XVIII COMPENSATION

The Board of Directors, by majority vote, is authorized to pay monthly the Secretary-Treasurer and other employees for services rendered. In its discretion, the Board of Directors may compensate other Association members for special work.

ARTICLE XIX

FINANCIAL ASSISTANCE FOR LEGAL COUNSEL TO MEMBERS

The Association maintains a program of financial assistance to any active member in good standing who needs such assistance to employ legal counsel to defend a civil or criminal action where such action arises directly as the result of the performance of the duties as a Law Enforcement Officer. Such indictment or civil suit must name the member (s) as an individual defendant, and must be filed in a court, or judicial system, of competent jurisdiction.

A member convicted* of a criminal offense shall be ineligible for benefits described herein. A member having the member’s certificate as a Law Enforcement, Criminal Justice Officer or justice officer revoked by either the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs’ Education and Training Standards Commission shall likewise be ineligible for this benefit. This resolution is not designed to address, nor shall it cover, any internal or administrative actions filed against a member by the member’s own agency or any other regulatory body.

The Association establishes a maximum amount to be paid in any one case as set by the Board of Directors at the first Board meeting after the Annual Conference. All claims for financial assistance are submitted to and approved by the Board of Directors and paid by the Association directly to the Attorney or Law Firm representing the member.

Any member requesting consideration for payment of this benefit must agree to submit to the Association any and all documents, records, reports, or other pertinent data as requested in order to assist in the evaluation of the member’s claim.

Receipt of a statement from the office of such legal counsel will be required to be filed with the Association before payment can be made. The Association shall not reimburse any Federal, State, or Local unit of government, any agency thereof, or any private organization of which the member had funds expended on the member’s behalf in a defense of any action described herein. This resolution is meant solely to assist those members who require personal financial assistance in cases where other legal representation is unavailable.

Any member denied coverage under this resolution may appeal such action, either in person or by     the way of the member’s legal counsel or other personal representative, at the next regularly scheduled meeting of the Board of Directors. The decision of the Board of Directors shall be considered complete and final if there is no such appeal, or final after the closed session vote upon hearing such appeal.

It shall remain the responsibility of the Board of Directors to work out the details pertaining to the administration of this program which are not covered in this resolution.

*The term convicted shall be construed to have the same definition as that found in the Administrative Code of the North Carolina Criminal Justice Education and Training Standards Commission, Title 12, Chapter 9A, Rule 0103, (6), to wit,

Convicted, or conviction, means and includes:

  • the entry of a plea of guilty; or,
  • a verdict or finding of guilty by a jury, judge, magistrate, or other adjudicating body, tribunal, or official, either civilian or military; or
  • the entry of a plea of no contest, nolo contendere, or the

 

Revised 5-21-19