WFSE Local 443 Constitution

Constitution for Washington State Employees, Olympia Local 443

Article I — Name and Headquarters

Section 1. The name of this organization shall be Washington State Employees, Olympia, Local 443 of the American Federation of State, County and Municipal Employees (AFSCME), American Federation of Labor and Congress of Industrial Organizations (AFL-CIO).

Section 2. The headquarters of this local shall be Olympia, Washington, or its vicinity.

Article II — Affiliations

This local union shall be affiliated with Washington Federation of State Employees Council No. 28 of AFSCME; the Washington State Labor Council, AFL-CIO; and the central labor councils of the AFL-CIO having jurisdiction wherein Local 443 members are employed.

Article III — Objectives and Methods

Section 1. The objectives of this local union shall be to carry out on a local basis the objectives of the American Federation of State, County and Municipal Employees.

Section 2. The methods of obtaining the objectives of this local union shall be by giving a full measure of support to AFSCME, by petitioning, by creating and fostering sentiment favorable to proposed reforms, by cooperating with state officials, by promoting legislation, by collective bargaining resulting in working agreements and contracts, and by other lawful
means.

Article IV — Membership and Dues

Section 1. All employees of the state of Washington in the Olympia area and Mason County, excluding those employees within the jurisdiction of Locals 872 and 1466, are eligible for membership in this local union subject to the requirements of the constitution of the International Union.

Section 2. Application for membership shall be made on a standard application form. Unless such form includes a valid authorization for payroll deduction of dues, the application shall be accompanied by the current monthʼs dues.

Section 3. The monthly membership dues shall be set in accordance with Article VI, Section 1, of the Council 28 Constitution.

Section 4. Membership dues shall be payable to the Washington Federation of State Employees, AFL-CIO, Council 28 through payroll deduction, except where payroll deduction is not available or applicable. Where payroll deduction is not available or applicable, membership dues shall be payable no later than the 10th of the month following the month on which they are based. Any member who fails to pay dues by the 10th of the month in which they become due shall be considered delinquent, and upon failure to pay dues for two successive months shall stand suspended. Provided, however, that any person who is paying dues through a system of regular payroll deduction shall for so long as such person continues to pay through such deduction method, be considered in good standing.

Section 5. A member suspended under the above section may be reinstated to membership in the local on payment of arrearages or written agreement to pay all arrearages through payroll deduction.

Article V — Meetings

Section 1. General membership meetings of this local shall be held once each month.

Section 2. A special general membership meeting may be called by the local president, the local executive board, or by petition filed with the president and signed by twenty-five (25) members of the local. Special meetings may also be called by the International President or authorized representatives of the International President.

Section 3. Adequate and proper notice shall be given the membership in writing and via the local’s website prior to each general membership meeting.

Section 4. The quorum for general membership meetings of the local union shall be twenty-five (25) members in good standing.

Article VI — Officers, Nominations, and Elections

Section 1. The officers of this local shall be a president, a first vice-president, a second vice-president, a secretary, a treasurer, and a sergeant-at-arms.

Section 2. There shall also be elected an organizing chair, a political action chair, a communication chair, and three members-at-large.

Section 3. If any regularly constituted state office, department or agency, have five (5) or more members in good standing in this local, is not represented on the regularly constituted executive board as set forth above, except in the case of the office of the president, the organized employees in such state jurisdictions or agencies may elect one of their members to represent them on the localʼs executive board.

Section 4. The officers and elected officials outlined above in sections 1, 2 and 3 shall constitute the executive board of the local. All executive board members shall serve two-year terms in odd-numbered years. Nominations for officers and elected officers outlined above in sections 1 and 2 shall be held in January; nominations for officers outlined in Section 3 above shall be held in February.

Section 5. There shall also be elected three members who shall serve as trustees. The trustees shall be elected for overlapping three-year terms. Nominations for a trustee shall occur annually from the floor at the regular meeting of Local 443 in January.

Section 6. All officers and elected officials shall be elected by secret mail ballot vote, and the balloting shall be conducted so as to afford to all members a reasonable opportunity to vote and in accordance with the instructions set forth in the Election Code attached hereto and made a part thereof in Appendix A.

Section 7. Vacancies in office shall be filled for the remainder of the unexpired term by vote of the executive board.

Section 8. Every officer shall, upon assuming office, subscribe to the Obligation of an Officer contained in Appendix B of the AFSCME International Constitution.

Article VII — Duties of Officers and Committees

Section 1. The president shall:

preside at all meetings of the local union and of the executive board;
be a member of all committees except election committees for local offices;
be authorized to countersign checks drawn against the funds of the local;
appoint all standing committees and all special committees of the local, subject to the approval of the executive board;
report monthly to the membership and the local executive board regarding the progress and standing of the local and regarding any official acts;
be a delegate to the AFSCME International Convention, the Council 28 Biennial Convention and annual Washington State Labor Council Convention; and
chair any delegation to conventions.

Section 2. The first vice-president shall:

assist the president in the work of the presidentʼs office;
in the absence or inability of the president to serve, preside at all meetings and perform all duties otherwise performed by the president; and
be authorized to countersign checks drawn on the localʼs funds.

Section 3. The second vice-president shall:

assist the president in the work of the presidentʼs office; and
in the absence or inability of the president and the 1st vice-president to serve, preside at all meetings and perform the duties otherwise performed by the president, including countersigning checks.

Section 4. The secretary shall:

keep a record of the proceedings of all membership meetings and of all executive board meetings;
record a roll call of all officers at all meetings of the executive board and all meetings of the local;
carry on the localʼs official correspondence, except as the executive board otherwise directs him/her;
make travel and/or lodging arrangements for the membership as authorized by the executive board and/or general membership;
in the event the president and both vice-presidents are not present at a regular duly called meeting of the local, open the meeting and call for the elections of a presiding officer pro-tem; and
perform such other duties as may be required by the executive board.

Section 5. The treasurer shall:

conduct all financial activities necessary to operate the local’s business, as directed by the executive board and consistent with AFSCME’s Financial Standards Code;
receive all monies from any source; and provide receipt(s) for the above;
deposit all money so received in the name of the local union in a financial institution selected by the executive board, and money so deposited shall be withdrawn only by check signed by two of the following: president, 1st vice-president, 2nd vice-president, treasurer;
be authorized to sign checks drawn on the local’s funds;
prepare or cause to prepare, the monthly membership and financial report to the International, see that a payment of the localʼs per capita tax is made each month and sent to the International Secretary-Treasurer;
keep an accurate record of receipts and disbursements and shall, once each month, submit to the membership a monthly operating statement of the financial transactions of the local for the previous month;
act as custodian of all properties of the local union;
prepare or cause to prepare a monthly report outlining actual versus budgeted expenditures for each budget item;
chair the financial committee;
give a surety bond for an amount to be fixed by the executive board of the local union at the expense of the local union and through the International Union;
see that any financial reports required by the International Union Constitution are submitted to the International Union in accordance with the International Union Constitution; and
prepare any and all necessary federal tax and International reporting forms.

Section 6. The sergeant-at-arms shall:

arrange for the setting of chairs and tables at meetings;
open windows or doors as necessary;
greet guests and seat same; and
be at the disposal of the presiding officer to assist in maintaining the orderly conduct of meetings.

Section 7. The executive board members-at-large shall:

actively meet with and discover the needs of members of agencies with no representation on the board;
bring those issues discovered to the attention of the board;
fairly represent the interest of all members; and
take on such other duties as the executive board may direct.

Section 8. The executive board shall:

be the governing body of the local union except when meetings of the local union are in session. All matters affecting the policies, aims, and means of accomplishing the purposes of the local not specifically provided for in this constitution or by the action of the membership at a regular or special meeting shall be decided by the executive board;
meet at the call of the president or of a majority of the members of the board. Adequate and proper notice shall be given to all members of the board prior to each meeting;
report on all actions taken by the executive board shall be made to the membership at the next following meeting;
require an independent audit of the books of the local at least once each fiscal year and a report thereon shall be rendered to the June meeting of the local. The audit shall be made by an independent auditing firm;
require a majority of the members of the executive board for a quorum;
open all meetings of the executive board to members of the local, and any member who wishes to present any matter of importance to the local or to the well-being of the organization shall have the right to be heard; and
upon application of any member who shall have been dismissed from the local, investigate the facts in such case and take such action on behalf of the local, as it deems advisable.

Section 9. The trustees shall:

be elected officers but shall not be members of the executive board. They shall have neither voice nor vote on matters before the executive board;
preserve an arms-length relationship between the trustees and the executive board to ensure the most objective possible audit;
be responsible for conducting the annual or more frequent audits of the localʼs financial record required by the local constitution or for seeing that outside experts are employed to conduct such audits;
make or cause to be made a monthly audit of the finances of the local, including finances concerning any health and welfare, pension, insurance or other benefit programs covering members of the local, and shall report to the membership on the results of such audit;
include an examination of the records required to be maintained by the Financial Standards Code and a written report must be made to the executive board and to the membership;
determine that all governmental and International Union reports are filed on a timely basis;
upon completion of the engagement obtain copies of the CPAʼs engagement letter and the management letter (letter in which any internal control problems of other issues that may require remedial action to be taken are noted by the auditors);
see that findings be reported to the executive board and to the general membership;
follow the procedures outlined in the Trustees Audit Guide while conducting an audit;
make a written report of any material deviation from the Financial Standards Code found in the course of their audit. The local officers must report to the executive board and to the membership the action taken to correct any discrepancies noted in the audit; and
make sure the audit report is attached to the minutes of the meeting at which it was presented and maintained as a permanent record in the localʼs files.

Section 10. The organizing chair shall:

chair the local Organizing Committee;
invite new employees and non-member employees into membership in Local 443;
develop and implement an organizing plan for Local 443;
promote organizational activities in bargaining units, agencies and offices of the local;
confer monthly with members of the Organizing Committee and report to the local at its regular meetings on organizational work throughout the various state agencies; and
keep the president advised of any organizational problems encountered.

Section 11. The political action chair shall:

chair the local Political Action Committee;
develop and implement a political action plan for Local 443;
provide recommendations to the general membership on endorsements of local candidates and statewide ballot measures;
act as a liaison to WFSE Council 28’s Legislative and Political Action Committee;
act as the localʼs PEOPLE coordinator; and
confer monthly with members of the Political Action Committee and report to the local at its regular meetings on political actions throughout the jurisdiction of Local 443.

Section 12. The communication chair shall:

chair the Communications Committee;
develop and implement a communication plan for Local 443;
act as a liaison to WFSE Council 28’s Communications Committee; and
confer monthly with members of the Communications Committee and report to the local at its regular meetings on communication activities of the local.

Article VIII — Finances, Expenses, and Disbursements

Section 1. All money received shall be deposited to the credit of the local in financial institutions selected by the executive board.

Section 2. An annual budget shall be prepared by the Finance Committee and approved by the general membership.

Section 3. All disbursements shall be made by check. All checks must be signed by two authorized officers of the local. Disbursements shall be made only for approved items. Written documentation must accompany request for reimbursement.

Section 4. At the expense of the local and through AFSCME, all officers shall be bonded to meet bonding requirements of the International.

Section 5. All expenditures must be approved by an authorizing entity. Standing by itself, a budget does not authorize any particular expenditure. No payments should be made or costs incurred until the proper approvals for the expenditure have been made. Authorizing entity shall include specified committee, executive board, or general membership.

Section 6. All activities of the local shall be in accordance with the AFSCME Financial Standards Code.

Article IX — Miscellaneous Provisions

Section 1. This local union shall at all times be subject to the provisions of the constitutions of AFSCME and Council 28.

Section 2. Authorization necessary to represent the local: Except to the extent specified in this constitution, no officer of the local union shall have the power to act as agent for or otherwise bind the local union in any way whatsoever. No member or group of members or other person or persons shall have the power to act on behalf of or otherwise bind the local union except to the extent specifically authorized in writing by the president of the local union or by the executive board of the local union.

Section 3. The rules contained in the current edition of Robertʼs Rules of Order Newly Revised shall govern this local union in all cases to which they are applicable and in which they are not inconsistent with this constitution and special rules of this local union or of the AFSCME.

Article X — Amendments

This constitution may be amended, revised, or otherwise changed only by a vote of two-thirds of the members voting on such proposed change and such change shall take effect only upon written approval of the International President. Any proposed amendments to this constitution shall be published in the Local 443 newsletter. Proposed amendments to this constitution must be made at a regular or special meeting of the local union and read and voted on at a subsequent meeting of the local union, adequate and proper notice having been given to the membership prior to the date on which the vote is taken. A written copy of the proposed amendments shall be furnished to every eligible voter at the meeting at which the vote is taken.

Appendix A — Election Code of Local 443

Section 1. General Provisions:

An election committee, composed of not less than three (3) members shall be established and shall have general responsibility for the conduct of elections in accordance with the AFSCME Constitution and the constitution of Local 443.
No candidate for office may be a member of the election committee.
Any areas not specifically covered by this code shall be governed by the provisions of Appendix D of the AFSCME International Constitution.

Section 2. Election of Executive Board Members and Trustees:

To be eligible for election, a nominee must be a member in good standing of Local 443 for one year prior to his/her election, as certified by Council 28.
In January of odd-numbered years, nominations of local officers named in Article VI, Section 1, and elected officials named in Section 2 shall be conducted at the general membership meeting. If there is more than one nominee for an office, a mail referendum shall be used for balloting. Ballots shall be mailed to each member of Local 443 within ten (10) calendar days after the nominating meeting and such ballots will be returned within fifteen (15) calendar days from the mailing date to members. A post office box shall be made available for the return of ballots. At least two (2) members of the election committee shall remove ballots from the post office box on the 16th day following the original mailing of the ballots. Those elected shall be installed in office immediately upon Local 443ʼs acceptance of the Election Committeeʼs report; the report shall be given at the February general membership meeting. The pre-election incumbents shall remain in office until new officers are installed.
Agency representatives eligible in accordance with Article VI, Section 3, may be nominated at the February general membership meeting following the report of the Election Committee. If more than one member is nominated from an agency, a mail election by members of that agency shall be conducted by the Election Committee.
A trustee shall be elected each year with nominations and mail balloting using similar procedures to those in paragraph b above.
A notice of the nomination or election shall be mailed to each member at his/her last known address not less than 15 days prior to the nomination or election for Local 443 officers.

Section 3. Election of Convention Delegates and Alternates:

Local 443 shall elect delegates and alternates to conventions of the International Union, Council 28, and the Washington State Labor Council, according to:
1. Appendix D of the International Constitution;
2. the localʼs constitution; and
3. the provisions of paragraphs b and c below.
The election of delegates and alternates shall be determined by the highest number of votes cast per nominee and shall not require a majority of the votes cast.
The nomination and election of delegates and alternates may be held at one and the same meeting of Local 443.

Section 4. Elections of Policy Committee delegates:

Local 443 Policy Committee delegates shall serve a two-year term and elections shall be held each term.
Initial Policy Committee delegate elections shall be held at the last general membership meeting prior to the WFSE State Convention.
An election for vacant positions may be held at each local meeting thereafter.

Section 5. Election of representatives to the Thurston-Lewis-Mason Central Labor Council (TLM-CLC):

The number of eligible representatives is determined by the constitution and rules of the TLM-CLC.
Term of office is two years.
Nominations and elections shall take place at the January general membership meeting in even-numbered years.
If there are more nominees than authorized representatives, election shall be by secret ballot of members present at the meeting.

Approved by AFSCME International President Lee Saunders, September 23, 2016.