Correctional Officers Association of Delaware

Article III. OBJECTIVES

The objectives of the COAD shall be to carry out, on a daily basis, and consistent with the principles of democracy, the objectives and duties of the Correctional Officers Association of Delaware.

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Article IV.         MEMBERSHIP AND DUES

SECTION 1.         Eligibility; “Employee” Defined

        All employees in the Bureau of Adult Corrections, State of Delaware, excluding those classifications not included in the COAD, are subject to the requirements of this Constitution. Members of this class of eligible persons constitute “employees” for the purposes of this document. Any employee who enters the bargaining unit from outside the bargaining unit may be eligible for membership immediately following the completion of the Academy course.

SECTION 2.        Application For Membership

(a)        Application for membership shall be made on a prescribed application form: said form to be valid authorization for payroll deduction of dues by the Department of Corrections.

(b)        Upon signing a valid application form for payroll deduction of COAD dues, an employee shall become a member of the COAD.

(c)        Any person who is newly hired into the bargaining unit may apply for membership upon the graduation of the employee’s Academy course. An employee who elects not to become a full share member of COAD must pay a fair share fee. The sign-up restrictions of this section shall not apply to employees who are returning from suspension, termination, extended medical leave, or recall form active military duty. Such employee and or employees shall have thirty (30) days from their return to reapply for membership. If after thirty (30) days they do not reapply, all dues are retroactive from the date the employee and or employees have returned to work.

SECTION 3.        Amount Of Dues

(a)        The monthly dues for members of COAD shall be twenty-five dollars ($25.00) per month.

SECTION 4.        Delinquent Dues

        Membership dues shall be paid by monthly payroll deductions in advance to the COAD treasurer and in any event shall be paid no later than the fifteenth (15th) day of the month in which they become due. Any member who fails to pay dues by the fifteenth (15th) day of the month in which they become due shall be considered delinquent. The Treasurer shall send such member a notice of delinquency by certified mail. Upon the failure of such member to pay dues under this section for two (2) successive months, and within thirty days of the mailing of the first notice of delinquency under this section, such member shall be suspended from membership by the Executive Board on the basis of the Treasurer’s report. Any member who pays dues through a system of regular payroll deduction shall, for so long as such member continues to pay through such deduction method, be considered a member in good standing.

SECTION 5.        Reinstatement Fee

        An employee suspended for failure to pay dues may be reinstated to full membership in the COAD upon payment of a reinstatement fee in the amount of one month’s dues. The employee prior to being reinstated to a full member must pay this reinstatement fee. Failure to pay the reinstatement fee will result in the member being reinstated as a fair share member only.

SECTION 6.         Withdrawal

        The only reasons a member may acquire a withdrawal card authorizing the employer to cease deduction dues from the member’s payroll are: (1) separation from employer; (2) ineligibility for membership due to promotion or (3) retirement. Members who retire may choose to stay active in the union as full member at 1/3 of the cost of active paying members. If a person leaves the COAD for reasons other than these, the person may not receive a withdrawal card. The President and or the Senior Vice President or their designee shall be the sole authority in issuing the withdrawal card.

SECTION 7.         Fair Share Fee

(a)        Employees who do not become or do not remain members of the COAD shall pay to the COAD a fair share fee of twenty dollars and zero cents ($20.00) per month.

(b)        An employee’s fair share fee shall be utilized for the costs of collective bargaining, contract representation, processing of grievances, and any matter concerning wages, benefits, hours or condition of employment for which the COAD is obligated to provide representation to such employee under the law as the exclusive representative of the bargaining unit.

(c)        The COAD shall not be required to separate fair share fees from any other funds collected.

(d)        An employee who pays a fair share amount only shall not be entitled to serve on committee’s, hold any official position, attend meetings, receive any special benefits or services offered to full share members and shall not be allowed to vote on any matters concerning C.O.A.D.

SECTION 8.         Member in Good Standing

        To be a member in good standing, a member must have all current dues obligations paid.

(a)        The obligation of an employee or member to pay fair share fees or full share to the COAD shall be suspended if such employee or member has, for no less than sixty-one (61) continuous days, experienced any of the following leaves of absence:

(1)        unpaid extended medical leave
(2)        Departmental suspensions and or terminations
(3)        Call to active military duty

(b)        When an employee or member returns from a leave of absence identified in this Section, the employee or member is obligated to resume paying fair share fees or full share fees, which shall be withheld from the employee’s pay by the Employer on behalf of the COAD.

(c)        When an employee or member returns from a leave of absence identified in this Section, the employee or member shall have thirty (30) days from returning to work to apply or reapply for membership.

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ARTICLE V                 MEETINGS

SECTION 1.        Regular Meetings

        The regular monthly membership meeting shall be held at 10:00 a.m. and 6:30 p.m. on a date set by the executive board.

        The place of the meetings shall be at a specific location, or at any other place fixed by the Executive Board.

SECTION 2.         Special Meetings

        Special meeting may be called by the President, or by any member of the Executive Board, or by a petition filed with the President or Executive Board and signed by fifteen percent (15%) or more of the members. The President shall give notice of the special meetings to the membership.

SECTION 3. Quorum

        A quorum shall consist of three percent (3%) of the membership in good standing of all regular or special meetings.

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ARTICLE VI         EXECUTIVE BOARD

SECTION 1.        Role Of The Executive Board

        The Executive Board shall be the chief executive agency of the COAD. The Executive Board shall decide all matters affecting the execution of obligations under this Constitution, and of effecting representation of the membership of the COAD, and the means by which to do so. The Executive Board shall set COAD policies, consistent with membership desires. The Executive Board is bound to comply, in all matters affecting the policies, aims, or the means of accomplishing the purposes of the COAD which are not specifically provided for in the constitution, with the action, if any, taken by the membership at a regular or special meeting where a quorum of the membership is present.

SECTION 2.        Officers

        The officers of the Executive Board shall be a President, A Vice President for each institution, (Sussex Work Release and Sussex Violation Center considered one and the same), Treasurer, and a Secretary.

SECTION 3.         President

(a)        The President shall preside over meeting of the Executive Board.

(b)        The President shall enforce all rules of the Constitution.

(c)        The President shall sign all authorized orders by the Secretary or the Treasurer and shall countersign all checks drawn against the funds of COAD.

(d)        The President and/ or the Senior Vice President shall lobby or assist any COAD paid lobbyist in carrying out the objectives of the COAD.

(e)        The President shall have the responsibility for performing or delegating to other officers or designees all administrative or executive responsibilities not otherwise assigned hereunder including hiring and or termination of the COAD hired personnel with the approval of the Executive Board and/ or the membership.

(f)        The President shall appoint all standing and special committees of the Board, and shall serve as a member of each.

SECTION 4.         President Status, Salary

        The President’s status, salary duties and any other terms whatsoever relating to the President may be changed with the recommendation of the entire E-Board, and subjected to ratification there of by a majority of the membership at large. The salary of the president shall be $500.00 dollars per month.

SECTION 5.         Senior Vice President

(a)        The Senior Vice President shall assist the President in performing the work of the President’s office. In the absence of the President or in the President’s inability to serve, the Senior Vice President shall perform all duties otherwise performed by the President. The Senior Vice President may act as co-signer of checks drawn on the funds of COAD, in place of either the President or the Treasurer.

(b)        The Senior Vice President shall serve as chairperson of the Grievance committee.

(c)        The Senior Vice President shall monitor the shop stewards performance of their duties under Article XIV and shall prepare a report thereon each month to be submitted to the Treasurer.

(d)        The Senior Vice President shall receive and maintain files on all grievances filed or submitted by COAD officials or shop stewards.

(e)        Senior Vice President shall be determined by vote of the entire Executive Board and with the approval of the Board of Trustees. The salary of the Senior Vice President shall be $400.00 dollars per month.

SECTION 6. Vice Presidents

(a)        Each and every Vice President shall assist the President in performing the work and duties of the Presidents office.

(b)        Each and every Vice President shall serve as the grievance chairperson for their perspective institution.

(c)        Each and every Vice President shall preside at the Institutional Facility labor/management meeting for each institution and facility in each respective district.

(d)        Each and every Vice President shall forward a copy of all grievances and documents pertaining thereto at the time of their receipt to the Senior Vice President.

(e) The salary of each Institutional Vice President shall be $300.00 dollars per month.

SECTION 7. Treasurer

(a)        The Treasurer shall receive and account for all monies of the COAD, including but not limited to all membership dues and fair share fees.

(b)        The Treasurer shall deposit all money received in the name of COAD, in separate accounts for each type of fund, and in a bank or banks selected by the Executive Board. Money so deposited will be withdrawn only by check, signed by the President and the Treasurer or by the Senior Vice President and Treasurer (if applicable). The Treasurer shall prepare and sign checks for such purposes as required by the constitution or are authorized by the membership or the Executive Board.

(c)        The Treasurer shall prepare and submit the monthly membership report, shall keep an accurate record of receipts and disbursements, and shall, once each month, submit to the Executive Board and the COAD membership a copy of the monthly operating statement of financial transactions for the previous month. Said report will be available at the General Meeting each month.

(d)        The Treasurer shall act as custodian of all properties of the COAD, and shall maintain an inventory of all COAD property and the names of any individual in possession of such property. This inventory shall be available for inspection to any member in good standing with COAD.
(e)        The Treasurer shall, at the expense of the COAD, obtain a surety bond for an amount to be fixed by the Executive Board.

(f)        The Treasurer shall obtain a CPA to audit and review the COAD Treasurer’s books and receipts. Such an audit shall be done each year in the month of December. During an election year, however, an additional audit shall be done on September 1 of that year.

(g)        The Treasurer shall keep accurate and complete financial records and logs, maintain all funds of the COAD, assist the President and the Senior Vice President in making all authorized disbursements of the COAD, and perform such other tasks relating to the accounts of the COAD as are necessary, desirable, and consistent with responsible stewardship, and shall conform with all applicable law, including withholding provisions thereof.

(h)        The treasurer will give a complete and accurate copy of any financial information and or audit at each monthly meeting or to any member who requests it in writing and who is in good standing with C.O.A.D. The Treasurer will have ten working days to provide this information to the individual who requested the report.

(I)          The salary of the treasurer will be $300.00 dollars per month.

SECTION 8.         Secretary

(a)        The Secretary shall keep a record of the proceedings of all membership meetings, Executive Board meetings and all labor/membership meetings. The Secretary shall carry on official correspondence for COAD except as otherwise directed by the Executive Board or membership. The Secretary will copy and distribute to all institution copies of minutes of the monthly general meeting, prior to the next meeting. The Secretary shall be required to input and extract data from the computer system, maintain a filing system, and shall perform other duties as the Executive Board or membership may require.

(b)        The Secretary shall forward to the editor of the COAD newsletter, a copy of all COAD correspondence and meeting minutes for monthly publication.

SECTION 9.         Meetings; Reports; Membership Review

        The Executive Board shall meet monthly. The Executive Board meetings will be the first Tuesday of each and every month. Special meetings may be called by the President or of a majority of the members of the Board. A report of all actions taken by the Executive board shall be made to the membership at the following monthly or special membership meeting. All decisions and all matters voted on must be brought to the membership to be upheld or voted down.

SECTION 10.        Quorum

        Six members of the Executive Board shall constitute a quorum.

SECTION 11.        Majority Vote Binding

        Except as otherwise provided, a majority vote of the quorum present shall be the official act of the Executive Board. Where the quorum vote results in a tie, the vote of the highest-ranking board member present shall break the tie.

SECTION 12.         Vacancies

       A vacancy on the Executive Board shall be filled by appointment of The Executive Board. Each appointment shall be from that institution if the vacancy is a Vice President and Statewide if the vacancy is the President, Treasurer or Secretary. The appointment is only temporary providing that there is more than a year left on the individuals elected time in office. All vacancies will have nomination the very next general or special meeting. The election, if more than one nomination comes from that institution, will be within thirty (30) days from the date of the meeting and or the special meeting.

SECTION 13.        Seniority

For any purpose for which seniority is relevant under this constitution, the President shall be deemed to be most senior, followed by the Senior Vice President, The Treasurer, The Secretary and then the remaining Vice Presidents, seniority ranking is first determined by cumulative length of service on the Executive Board; next by cumulative length of membership in COAD; and next by cumulative length of employment within the Department.

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ARTICLE VII         NOMINATIONS

SECTION 1.        Time; Method

(a)        Nominations for Officials shall be held in October of each election year at the regular monthly meeting or at a special meeting, and shall be in accordance with the COAD Election Manual.

(b) In the event of a special election, nominations shall be held at the last regular meeting preceding the election by at least thirty (30) days.

SECTION 2.        Eligibility

        To be eligible to nomination, a member must be in good standing for a period of not less than one (1) year.

        Officials shall be nominated from the membership at large except the institutional Vice Presidents and the district resident officers serving on the Judicial Panel and the Institutional trustees serving on the Board of Trustee’s. These members shall be nominated from the members from their perspective institutions and districts.

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ARTICLE VIII.         ELECTIONS

SECTION 1.        Terms Of Office

(a)        All members of the Executive Board, Judicial, and the Board of Trustees (Collectively referred to a “Officials”) shall be elected for two (2) year terms, with regular, general elections commencing in February of 2003 and every two (2) years thereafter.

(b)        Newly elected officials shall be installed immediately upon acceptance of the report of the Election Committee at the first Executive Board meeting after the elections.

SECTION 2.         Persons Entitled To Vote For Nominees

All Officials shall be elected by the membership at large, except for the Institutional Vice Presidents, Resident Officers serving on the Judicial Panel, and the Board of Trustees. Only the members primarily assigned to work in each of the respective institutions shall elect them.

SECTION 3. Times Of Elections

General election for all Officials shall be held during the first week of February every second (2nd) year.

SECTION 4. Electronic Voting Machine

All Officials shall be elected by secret vote, and the vote shall be conducted so as to afford all members a reasonable opportunity to vote and shall be done by electronic voting machines when applicable and available. The type of voting process for any election after the general election shall be decided by the Executive Board and/ or the membership.

SECTION 5. Districts and Institutions defined

(a)        There shall be three (3) Districts for the purpose of electing three (3) Judicial Panel members and (3) Panel members for the Board of Trustees. Each panel member shall be elected from each of the Districts.

(b)        The ten Institutions, listed below, are divided into three Districts, as follows:

DISTRICT #1 -
1. Sussex Correctional Institution
2. Sussex Community Correctional Center
3. Sussex Violation Center

DISTRICT#2 -
1. Delaware Correctional Center
2. Central Violation Center
3. Morris Community Correctional Center

DISTRICT#3 -
1. Howard R. Young Correctional Institution
2. Baylor Women’s Correctional Institution
3. Plummer Community Correctional Center
4. Webb Correctional Facility

(c)        For purposes of this Section, a member who works in any of the following areas is considered to be a part of the Institution where the member’s duty assignment is: Maintenance, Food Services, Prison Industries, K-9, and Supervised Custody.

(d)        Any institutions or facilities which are newly constituted or which are added to the bargaining units after approval of this Constitution shall be in the District to which the closest existing institution is assigned. On motion by the President and confirmation by the membership at the next regular meeting, a new Institution may be declared.

SECTION 6. Election manual

        All nominations and elections for officials shall be in accordance with the COAD Election Manual.

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ARTICLE IX.         JUDICIAL PANEL

SECTION 1.         Composition

        There shall be a COAD Judicial Panel composed of five members: a Chair, a Vice Chair, and three (3) Resident Officers.

SECTION 2.        Election
(a)        Each Resident Officer shall be nominated and elected in the same manner and at the same time as the Executive Vice Presidents, by majority vote of the members primarily assigned to work in each of the respective districts. If a majority in a particular District elects no nominee, the Executive Board in office at the time of the election shall select the Resident Officer from the two candidates from that District. If there are no nominations for that District then the Executive Board will appoint the Resident Officer with the approval of the Board of Trustees.

(b)        The Chair and Vice Chair shall be nominated and elected in the same manner and at the same time as the at-large members of the Executive Board, by vote of the membership at large.

SECTION 3.        Term of Office

(a)        The term for an office of the Judicial Panel shall be two (2) years, running from ninety days after each general election, and running for a full two (2) year term

(b)        No Judicial Panel member newly elected shall assume office before ninety days after any general election, or the resolution of any such election dispute under the Constitution and Judicial Panel Rules of Procedure, whichever is later. The members of the Judicial Panel at the time of the general election shall continue in their offices until any such election dispute is decided. The new Panel member’s term shall be deemed to commence from ninety days after any dispute is decided. Any delay in assuming office shall not extend the term of office defined herein.

SECTION 4.        Panel Vacancies

(a)        A vacancy on the Judicial Panel with one year or less remaining in the term of the vacated office shall be filled by appointment of the President of the Executive Board and with the approval of the Board of Trustees.

(b)        Any vacancy on the judicial panel with more that one year remaining in the term of the vacated office shall be filled in the same manner for the full term. The President shall declare a special election when necessary which shall be at the Multi-Purpose Criminal Justice Facility, Delaware Correctional Center, and Sussex Correctional Institution from 0700hrs to 0900hrs and 1500hrs to 1700hrs using electronic voting machines.

SECTION 5.        Proceedings For Removal

(a)        Upon the request by petition of thirty percent of the members in the district of a Resident Officer, or upon request by petition of thirty percent of all members as to the Chair or Vice Chair of the Judicial Panel, or at the written request of a majority of the Executive Board, the President shall initiate proceeding for removal of a Judicial Panel member.

(b)        The President shall cause a removal vote to be presented to all members within thirty days of a competent request under this Section. The duties of a Resident Officer are subject to such vote and shall be assumed by the Vice Chair in the interim. The Vice Chair shall assume the duties of a Chair subject to such vote in the interim. The Chair shall assume the duties of a Vice Chair subject to such vote in the interim.

SECTION 6.        Powers

        The judicial Panel shall have authority to hear any matter and impose any penalty provided for in the Constitution, or in the Judicial Panel Rules of Procedure.

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ARTICLE X.         BOARD OF TRUSTEES

SECTION 1.        Composition

        The Board of Trustees for the COAD shall be a Chair, Co-Chair, Secretary, and nine (9) Institutional Trustees (Sussex Work Release and Sussex Violation Center considered one and the same), consisting of one (1) Institutional Trustee from each Institution.

SECTION 2.        Policy And Oversight Role

        The Board of Trustees shall oversee the actions of the Executive Board, but may not assume any of the executive authority of the Executive Board, but may accept such authority as is delegated to it by the Executive Board.

SECTION 3.        Meetings

(a)        The Board of Trustees shall meet every three (3) months to review to operation of the COAD

(b)        Special meetings may be called by the Chair or by a majority of the Trustees.

SECTION 4.        Chair

        (a) The Chair shall preside at all meetings of the Board of Trustees.

(b) The Chair shall appoint all standing and special committees of the Board of Trustees; and shall serve as a member of each.

(c)        The Chair shall lobby or assist any paid lobbyist in carrying out the objectives of the COAD.

SECTION 5.         Co-Chair

        The Co-Chair shall assist the Chair in performing the work and duties of the Chair’s office. In the absence or inability of the Chair to serve, the Co-Chair shall perform all duties otherwise performed by the chair.

SECTION 6.        Secretary

(a)        The Secretary shall keep a record of the proceedings of the meetings of the Board of Trustees. The Secretary shall execute the official correspondence of the Board of Trustees to the membership and Executive Board.

(b)        The Secretary, with the Executive board secretary all other secretaries, shall coordinate a process to access and to store information on the COAD computer.

(c) The Secretary shall perform all other duties as directed by the Chair.

SECTION 7.         Institutional Trustees

(a)        Each institutional Trustee shall assist the Chair in performing the work and duties of the Chair’s Office.

(b)        Each Institutional Trustee shall perform all other duties as directed by the Chair.

SECTION 8.        Quorum

        Seven of the members of the Board of Trustees shall constitute a quorum.

SECTION 9.        Majority vote Binding.

        Except as otherwise provided, a majority vote of the quorum present shall be an official act of the Board of Trustees. Where the quorum vote results in a tie, the vote of the highest-ranking board member present shall break the tie.

SECTION 10.        Seniority

        For any purpose for which seniority is relevant under this Constitution, The Chair shall be deemed to be the most senior, followed by the Vice Chair, the Secretary, and the ten Institutional Trustees, in that order. Among the Institutional trustees, seniority ranking is first determined by cumulative length of service on the Board of Trustees; next by cumulative length of membership in the COAD; and next by cumulative length of employment within the Department.

SECTION 11.        Vacancies

(a)        A vacancy on the Board of Trustees with one year or less remaining in the term of the vacated office shall be filled by appointment of the Chair of the Board of Trustees, subject to confirmation by a two-thirds majority of the Board of Trustees. Each appointee shall be from the District as the person who vacated the office of appointment, and each appointment to an office of Institutional Trustee shall be from the Institution, which elected the person who vacated the office.

(b) Any Vacancy on the board of Trustees with more than one year remaining in the term of the vacated office shall be filled in the same manner as for the full term. The President shall declare a special election, to be held within sixty days of the vacancy.

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ARTICLE XI.        COMMITTEES

SECTION 1.        Establishment

        The President may establish such committees, as the President deems helpful, subject to the agreement of the Executive Board. No committee member shall be compensated for service, however, without approval of the membership at the next regular meeting.

SECTION 2.        Appointment

        Except as otherwise provided herein, all committees shall be appointed by the President, subject to the approval of the membership at the next regular meeting. The President shall serve as a member of each committee, except the Election Committee and Grievance Committee. The President may send a representative to attend a committee meeting on the President’s behalf.

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ARTICLE XII.                ELECTION COMMITTEE

SECTION 1.        Election Committee

        The Election Committee shall be appointed prior to the nominations meeting. The election committee shall consist of one (1) member from each Institution, none of whom shall be a candidate for office. The committee shall adhere to the rules and regulations governing nomination and elections in accordance with the COAD Election Manual.

SECTION 2.        Supplemental Rules

        As to any issue not adequately addressed in the COAD Election Manual, the election committee shall meet and draw up rules and regulations, which shall be approved by the Executive Board and the majority of the union body, prior to the nomination hearing.

SECTION 3.        Election Disputes

        The Elections Committee, in accordance with the COAD Election Manual, shall investigate any dispute arising from nominations or elections.

SECTION 4.        Appeal of Election Dispute Rulings

        All decisions of the Election Committee concerning election protest and challenges may be appealed pursuant to the Judicial Panel Rules of Procedure.

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ARTICLE XIII.        Penalties; Removal From Office

(a)        Any Official may be removed from office in accordance with the COAD Constitution and Judicial Panel rules of Procedure.
(b)        Any state wide held office, (i.e. President, Treasurer, Secretary), may be removed by the body. The Body will have to submit a petition with thirty-five (35) percent of the union members in good standing. Prior to the petition being submitted, a vote of no confidence will be made at the general or special meeting prior to the petition being filed. The motion must carry.
(c)        Any Institutional Vice President may be removed from office by submitting a petition with fifty (50) percent plus 1 from that specific institution.
(d)        Any Judicial panel member may be removed from office by filing a petition with thirty (30) percent of the general membership who are in good standing. The Chair and Co-Chair will need thirty percent from the entire body and the area member will need the thirty (30) percent specifically from the area in which they preside
(e)        The Chair, Co-Chair, and Secretary of the Board of Trustees may be removed by the body by filing a petition with thirty (30) percent of the general membership who are in good standing. The Institutional Trustees may be removed by the body by filing a petition with thirty (30) percent of the members in good standing who are assigned at the institution in which they preside.
(f)        Any member may place charges on any elected or appointed official in accordance with this constitution and the COAD Judicial Panel Rules of Procedures.
(g)        Any member may place charges on any other member in accordance with this constitution and the COAD Judicial Panel Rules of Procedures.
(h)        Procedures on charges, trials, disciplinary action, penalties, removal from office and appeals shall be in accordance with this Constitution and the COAD Judicial Panel Rules of Procedure.

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ARTICLE XIV.         Conventions

SECTION 1.        Delegates

        The Executive Board President or his/hers designees and the Board of Trustees Chair or his/hers designees shall be the COAD delegates at all conventions. (Delegates)

SECTION 2.        Membership Approval

        A quorum of the membership at a regular monthly or special meeting shall determine and approve which conventions the Delegates may attend.

SECTION 3.        Expenses

(a)        The COAD shall pay the Delegates expenses for travel, lodging, and registration for all approved conventions under this Article. In addition, the COAD shall allot to each Delegate who is representing the COAD in another state a per-diem (equal to current per-diem of the State of Delaware) for meals each day of the representation.
(b)        The Delegates shall provide receipts to the Treasurer to account for any per-diem funds spent.
(c)        The Delegates shall return any per-diem funds received but not used during travel to, and attendance at, approved conventions to the Treasurer.

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ARTICLE XV.         SHOP STEWARDS

SECTION 1.        Number and Appointment

(a)        There shall be one (1) shop steward appointed from each shift at all institutions. In addition there will be two (2) additional shop stewards appointed to each institutions totaling five (5) shop stewards per each institution.
(b)        All shop stewards shall be appointed by the Executive Board and approved by the membership at the next regular meeting.
(c)        Other shop stewards necessary to the efficient operation of the COAD may be appointed for a particular classification by the President with the approval of the membership at the next regular meeting.

SECTION 2.         Duties; Incentive

(a)        The steward must fulfill the obligation to faithfully represent the membership including, but not limited to, processing grievances and forwarding all grievances and pertinent documentation to the grievance chair and the Senior Vice President for filing or appeal.
(b)        The steward must attend and serve as Sergeant of Arms at each monthly or special meeting.
(c)        The steward must attend any shop steward meetings.
(d)        The steward must complete the shop steward training class.
(e)        The steward must be properly appointed and registered with the secretary.

Shop stewards shall have the responsibility to keep the membership in their work areas informed of current COAD activity. The stewards must also post all notices of meetings or other COAD information, which are forwarded to them by any secretary or official.

SECTION 3.         Removal

        Unexcused failure to attend two (2) consecutive meetings (special, steward or monthly), to complete the shop steward training class, to post notices of meetings or other COAD information, or to faithfully perform any duty required under this Article, shall be cause for removal or suspension from stewardship.

SECTION 4.        Salary

       The salary of a shop steward shall be $75.00 dollars per month. A shop steward must attend the monthly meeting to receive a salary for that month and have completed the mandatory training.

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ARTICLE XVI.        GRIEVANCE COMMITTEE

SECTION 1.        Composition

(a)        The Grievance Committee shall consist of the Senior Vice and the eight ( 8) institutional Vice Presidents.

SECTION 2.        Grievance Review

(a)        Each Institutional Vice President shall pursue each grievance filed in that Vice Presidents institution, except where the Vice President determines that a grievance is without merit and submits a proposal to drop such grievance with the Grievance Committee
(b)        The Grievance Committee shall review all grievance drop proposals submitted by the Executive Grievance Representatives. The grievant and the shop steward should be afforded the opportunity to be present at this review.
(c)        No Executive Grievance Representative shall participate in the review of a grievance drop proposal filed in that Representatives institutional and or area other than to supply information pertinent to the grievance.

(d)        The Senior Vice President and four (4) appropriate institutional Vice Presidents shall review each grievance drop proposal and vote either to pursue or drop such grievance. If the grievance is dropped, the Senior Vice President shall state the reasons why, in writing, with copies sent to all concerned parties, and present the same to members at the next monthly meeting for approval or rejection of the decision to drop the grievance, provided however, that a grievant may make a written request for confidentiality at the time of review, which shall constitute a waiver of the right to membership review of the Grievance Committee decision. By withdrawing the request for confidentiality within thirty (30) days after the Grievance Committee issues its decision, a grievant may restore the right to membership review of such decision.
(e)        Any Institutional Vice President may convene the Grievance Committee at any reasonable time in order to review a grievance drop proposal.

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ARTICLE XVII.        Obligations.

Section 1.        Oath Of Obligation

        Officials and members shall enter the appropriate oath of obligation from those that follow:

Trustee/Officer Obligation:

        I, ___________, do faithfully promise and pledge to perform the duties of the office I now assume with honesty and integrity, and to uphold the provisions of the Constitution. I will give all books, papers, and other property to my successor in office at the close of my term.

Judicial Panel Member Obligation:

        I, ___________, do faithfully promise and pledge to perform the duties of the office I now assume with fairness and equity, and to uphold the provisions of the Constitution and the Judicial Panel Rules of Procedure. I will give all books, papers, and other Property to my successor in office at the close of my term.

Membership Obligation:

        I, ___________, promise to abide by the Constitution of the COAD. I further promise to carry out all duties assigned to me and to promote the objectives of the COAD.
SECTION 2.        Obligation Procedure

        The President of the Executive Board shall swear in the Board of Trustee members, and the Chair of the Board of Trustees shall swear in the Judicial Panel, and the Chair of the Judicial Panel shall swear in the Executive Board after being elected by the membership.

SECTION 3.        Obligation Effective Automatically

        Whether or not formally sworn to, the membership obligation as stated in Section 1 of this Article shall automatically take effect upon signing of COAD payroll dues deduction card.

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ARTICLE XVIII.        NEWSLETTER

(a)        The COAD shall staff and finance the publication of the COAD newsletter.
(b)        The editor of the COAD newsletter shall coordinate all information and solicit staff reporters to promote the newsletter on a monthly basis.
(c)        The COAD newsletter shall not be censored by any official.

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ARTICLE XIX.        MISCELLANEOUS PROVISIONS

SECTION 1.        Limitation of Authority

        Except to the extent specified in this Constitution, no official or member shall have the power to act as agent for or otherwise bind the COAD in any way whatsoever.

SECTION 2.        Roberts Rules of Order Applicable

        Roberts Rules of Order, revised, shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this Constitution and special rules of the COAD

SECTION 3.        Effective Date

        This Constitution is effective upon the date of its adoption by the majority of the members of the COAD.

SECTION 4.        Commencement Of Salaries And Stewards Incentive

       (a)        The salaries of the Executive Board and Shop Stewards shall not commence until January 1, 2004 and shall be handled through an "Employer Services Company" such as ADP. Payroll shall be delayed by a month (IE January shall be paid in February).

       (b)         There shall be no reimbursement for mileage for any elected or appointed C.O.A.D. official.

SECTION 5.        Sever ability

        The provisions of the Constitution are wholly independent and sever able; in the event that any one or more provisions of this Constitution are struck down, found to be unenforceable, or otherwise impaired by a law or decision of a court of law, the remaining provisions shall continue in full force and effect, and the provision impaired shall continue in full force and effect to the extent permissible by law.

SECTION 6.        Rules to Constitute a Contract

        This Constitution constitutes a contract, which is binding upon all of the members of the COAD, and upon the COAD itself.

SECTION 7.        Officials Not Personally Liable

        Officials, or any other individual validly exercising authority of the COAD pursuant to this Constitution, shall not be personally liable in any forum to any person for any act or omission related to their duties. Willful and intentional torts or frauds are not related to any COAD duties.

SECTION 8.        Punitive Damages Excluded

        No Official, nor the COAD, shall be liable to any person for punitive damages.

SECTION 9. Indemnification

In any individual case, at a regular or special meeting, the membership may indemnify and past or present Official, or any other individual validly exercising authority of the COAD pursuant to this Constitution, who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (other than an action
By or in the right of the COAD) by reason of the fact that such person was or is an Official, or otherwise exercised authority of the COAD pursuant to this Constitution, against expenses (including attorneys fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by the person in connection with such action, suit, or proceeding if the person acted in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the COAD, and with respect to any criminal action or proceeding, had no reasonable cause to believe such conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that the person’s conduct was unlawful.

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ARTICLE XX.        AMENDMENTS

SECTION 1.        Vote Required.

        The COAD Constitution, Election Manual, or the Judicial Panel Rules of Procedure may be adopted amended, revised, or otherwise changed by a majority vote of a quorum of the membership at a properly noticed membership meeting.

SECTION 2.        Submission Of Proposed Amendment

Any adoption, amendment, revision, or other change under this Article may be submitted for membership vote only by an elected Executive Board member, who shall provide such amendment, revision, or other change to the Executive Board Secretary for notice.

SECTION 3.        Notice Of Proposed Amendment

        A written copy of any proposed adoption, amendment, revision, or other change shall be mailed to each member, either in the COAD newsletter or under separate cover, at least twenty (20) days prior to the date on which the vote thereon is taken.