BYLAWS OF THE DEPUTY DISTRICT ATTORNEYS ASSOCIATION
SAN DIEGO COUNTY
[AMENDED 1980, 1983, 1997, 2000, 2003, 2006, 2007]
NAME AND PLACE OF BUSINESS
SECTION 1: NAME: The name of this Association shall be Deputy District Attorney’s Association of San Diego County, herein-after called the “Association.”
SECTION 2: PRINCIPAL OFFICE: The Principal office of the transaction of business of this Association shall be at 330 West Broadway, San Diego, California, or at such other address in the County of San Diego, State of California, as may be fixed from time to time by the Board of Directors.
SECTION 3: OBJECT: The object of the Association shall be to further the economic, professional, and social interest of its members.
MEMBERSHIP AND DUES
SECTION 1: MEMBERSHIP. The membership of this Association shall consist of persons who are employed as Deputy District Attorneys or Child Support Program Attorneys for the County of San Diego upon payment of regularly scheduled dues and assessments. Only members may be Officers or Directors of the Association.
SECTION 2: ADMISSION TO MEMBERSHIP. Any person desiring to become a member of this Association shall file with the Secretary of the Association a written application for membership in such form as may be prescribed by the Board of Directors. The application shall be referred to the Board of Directors, and no person shall be admitted to membership except after his/her application has been approved by the Board of Directors or the designated membership committee. Upon presentation of an application for membership, the applicant shall pay the fees then due.
SECTION 3: DUES. The bi-weekly dues assessments for all members shall be set by the Board of Directors at a level no greater than seventy five hundredths of one percent. (.75) of the gross pay of each class of deputies calculated at the highest step for each class. [As amended by the membership on March, 2000]
SECTION 4: FAILURE TO PAY DUES. Any member failing to pay his/her dues may be suspended by the Board of Directors after notice, and shall only be reinstated upon payment of all dues.
SECTION 5: SPECIAL ASSESSMENTS. Special Assessments of the membership may be made in emergency situations by an affirmative vote of 2/3 of the members of the Board of Directors at a regularly scheduled meeting.
SECTION 1: OFFICERS. The Officers of the association shall be a President, a Vice-President, a Treasurer, and a Secretary. These officers shall perform the duties prescribed by these bylaws.
SECTION 2: DUTIES OF THE PRESIDENT. The President shall preside at meetings of the Association and Board of Directors and shall also perform such other duties normally associated with that of the office of President or as delegated to him/her by the Board of Directors.
SECTION 3: DUTIES OF THE VICE PRESIDENT. The Vice- President shall assist the President and assume the duties of the President during his/her absence or incapacity.
SECTION 4: DUTIES OF THE TREASURER. The Treasurer shall be responsible for all Association assets and fiscal procedures. All payments shall be checked and signed by an Officer of the Association, with the Treasurer as the preferred signature.
SECTION 5: DUTIES OF THE SECRETARY. The Secretary shall be responsible for making and preserving minutes of the meetings of the Association and the Board of Directors and shall perform such other appropriate duties as assigned by the President or the Board of Directors.
BOARD OF DIRECTORS
SECTION 1:The Board of Directors shall consist of the following voting members: President, Vice-President, Treasurer, Secretary and seven Directors elected by the members of the Association.[Amended 8/97]
SECTION 2: COMPOSITION OF ELECTED DIRECTORS. To insure full representation the following procedures shall be utilized. Of the seven elected Directors, at least shall be from the following Deputy District Attorney Classes: at least one from class I or II, at least two shall be from class III, and at least one shall be from class IV or V. At least one elected Director shall be a Child Support Program Attorney, from any class in that designation. There shall be two “at large positions” that must be filled by the Deputy District Attorneys receiving the next highest vote total after the designated class positions are filled. [Amended 8/97; 9/06]
SECTION 3: VACANCIES. If the office of President becomes vacant prior to the expiration of the term of office, the Vice-President shall succeed to that office to finish out the term. Any other vacancies in the elected members of the Board of Directors shall be filled by a special election of the general membership within forty-five days of the vacancy. [Amended March 21, 1980] [Amended 9/07]
SECTION 4: DUTIES. The Association shall be governed by the Board of Directors except as otherwise provided in these by-laws.
SECTION 5: MEETINGS OF THE BOARD OF DIRECTORS. The Board of Directors shall meet at least quarterly, and at other times as called by the President or a majority of the Board of Directors.
SECTION 6: QUORUM. A quorum of the Board of Directors shall consist of at least six (6) members of the Board of Directors, at least one of which must be an Officer. In the event of unfilled vacancies in the Board of Directors, a quorum shall consist of a majority of the total number of filled seats of the Board of Directors, at least one of which must be an officer. [Amended 8/97] [Amended 9/07]
SECTION 7: VOTING. All business shall be by majority vote of the Board of Directors of a quorum present unless otherwise provided in the bylaws.
SECTION 1: Any Officer or Director may be temporarily relieved of their duties at any meeting of the Board of Directors by a vote of nine members of the Board of Directors. However, such action must be ratified for permanent discharge by a vote of nine members of the Board of Directors at the next succeeding meeting of the Board of Directors. If the action is not ratified, the Officer or Director so relieved resumes their office and duties upon adjournment of that meeting. [Amended 8/97]
SECTION 2: In the event of a ratification the position shall be considered vacant and shall be filled as provided elsewhere in these bylaws for filling an empty office.
SECTION 3: A recall election for any member of the Board of Directors or any Officer shall be held within ten (10) calendar days of the filing of a petition with the Secretary containing the signatures of 25% of the members of the Association.
SECTION 4: A membership recall of an Officer or a Board of Director member shall be effective by a 2/3 vote of those members voting in the election and shall be effective immediately after the election.
SECTION 5: SUSPENDING OR EXPELLING MEMBERS. The Board of Directors, by 2/3 vote of the Directors present, shall have the power for just cause, to suspend or expel a member of the Association or to terminate any right to hold office or to hold any position in the Association. The matter shall be first referred to the Board of Directors by any member by a signed statement filed with the Board of Directors. The Board of Directors shall conduct an open hearing on the matter after giving ten (10) calendar days notice of the hearing to the member concerned setting forth the charges. The concerned member shall have the right to present at the hearing and the hearing shall be closed upon request of the concerned member. The Board of Directors shall then vote on the matter after holding the hearing.
SECTION 6: RESTORING MEMBERSHIP. Upon written signed request filed with the Board of Directors, the Board of Directors by 2/3 vote of the Directors present shall have the power to reinstate such person to membership or restore his/her rights upon such terms as the Board of Directors may deem appropriate.
SECTION 1: ELECTION AND TERM OF OFFICE. The Officers and elected members of the Board of Directors shall be elected by the members and shall hold office for two years and until the installation of their successors. The terms of office shall be from October 1st through September 30th.
SECTION 2: The Officers shall be elected in even numbered years and the remaining Board of Directors members shall be elected in odd numbered years.
SECTION 3: NOMINATING PROCEDURES. Prior to August 15, the Board of Directors shall notify the members of upcoming vacancies on the Board. Nominations shall be made in writing by any member in good standing and filed with the secretary no later than September 1st. [Amended 8/97]
SECTION 4: VOTING. Voting will take place at a time set by the Board of Directors between September 15th and 20th. Only persons who have been active and continuous members of the Association, from January 15 of the year of the election to the date of election, may vote in that election. Deputy District Attorneys or Child Support Program Attorneys who are hired by their respective departments subsequent to the deadline of January 15 may vote in the election for that year if they have joined the Association within 60 days of their hire. The voting ballot shall be in such form and shall contain such instructions as may be prescribed by the Board of Directors. Each active member shall be entitled to vote for each office and for each position to be filled at an election. Voting procedures shall be set by the Board of Directors. In the case of the election to the Board of Directors each valid ballot must include votes for seven candidates. The person or persons in each category as set forth in ARTICLE IV SECTION 2 receiving the highest number of votes shall be elected to the “Positions at Large” regardless of their Deputy District Attorney classification. [amended 8/97; 9/06]
SECTION 5: VOTES TO ELECT. A plurality of votes cast shall elect. In case two or more candidates for one office shall receive an equal number of votes the existing Board of Directors shall determine the outcome.
SECTION 1: COMMITTEES. The Board of Directors shall establish a salary/negotiating committee, social committee, grievance committee and budget/finance committee and such other committees as it deems necessary.
SECTION 2: COMPOSITION OF COMMITTEES. The Board of Directors shall select a member of the Board of Directors to be chairman of each of the standing committees, and ratify the membership of each committee.
SECTION 3: SALARY COMMITTEE. The salary committee shall involve itself with all salary matters relative to Association members and shall make appropriate recommendations to the Board of Directors in matters relating thereto. The salary committee shall also make recommendations concerning a negotiator to the Board of Directors who shall select a negotiator for salary matters.
SECTION 4: SOCIAL COMMITTEE. The social committee shall involve itself in all social matters relative to the Association and shall make appropriate recommendations to the Board of Directors in matters relating thereto.
SECTION 5: GRIEVANCE COMMITTEE. The grievance committee shall recommend to the Board of Directors a grievance procedure to be adopted by the Board of Directors and once the grievance procedure is set up handle all grievance matters of the Association in accordance with the prescribed procedures.
SECTION 6: BUDGET FINANCE COMMITTEE. The budget finance committee shall prepare an annual budget for submission to the Board of Directors for adoption by the Board of Directors. The committee shall also monitor the expenditure of the Association funds throughout the year.
SECTION 7: The Board of Directors may establish such other committees as necessary to carry out the functions of the Association.
MEETINGS OF MEMBERS
SECTION 1: ANNUAL MEETING. The Association shall hold an annual meeting of members in theCounty ofSan Diego, State ofCalifornia, in the month of September of each year, on a date to be fixed in each case by the Board of Directors.
SECTION 2: OTHER MEETINGS. The Association shall hold other meetings of members at the call of the Board of Directors. The Board of Directors shall call a special meeting upon written request thereof signed by fifteen percent (15%) of the members of the Association.
SECTION 3: PLACE OF MEETINGS. The place at which meetings of the members shall be held shall be fixed from time to time by the Board of Directors.
SECTION 4: RULES OF ORDER. Except as otherwise provided by these bylaws, the meetings of the Association shall be conducted in accordance with the rules contained in Robert’s Rules of Order, latest revised edition. At all meetings of the Association the order of business shall be that as prescribed by the President.
SECTION 1: PROCEDURE. Amendments to these by-laws may be proposed from time to time by any member, Director or Officer. Amendments which receive the approval of a majority vote of Directors present at a regularly scheduled meeting, or which are presented to the Board of Directors by a petition bearing the signatures of at least fifteen percent (15%) of the membership, shall be presented to the members at a special election to be held within (30) calendar days after the amendment is approved by the Board of Directors or is presented by such a petition. Any such amendment receiving the approval of a majority of members voting in such special election shall go into effect five (5) calendar days after such election.