afscme international constitution 2012

7/31/2019 AFSCME International Constitution 2012

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2012

Los Angeles 2012

InternationalConstitution


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International

Constitution

40th International Convention

June 18 22, 2012

Los Angeles, California


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Copyright, 2012. American Federation of State,County and Municipal Employees, AFL-CIO

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Ken Allen

Portland, ORAlva Arellano

Boston, MA

Henry L. Bayer

Chicago, IL

Ken Deitz, RN

San Dimas, CA

Greg Devereux

Olympia, WA

Danny Donohue

Albany, NYDavid R. Fillman

Harrisburg, PA

Michael Fox

Harrisburg, PA

Kathleen Garrison

Latham, NY

Raglan George Jr.

New York, NY

Mattie Harrell

Williamstown, NJJohanna Puno Hester

San Diego, CA

Danny J. Homan

Des Moines, IA

Salvatore Luciano

New Britain, CT

John A. Lyall

Worthington, OH

Kathryn Lybarger

Oakland, CA

Roberta Lynch

Chicago, IL

Christopher Mabe

Westerville, OHGlenard S. Middleton Sr.

Baltimore, MD

Ralph Miller

Los Angeles, CA

Gary Mitchell

Madison, WI

Douglas Moore Jr.

San Diego, CA

Henry Nicholas

Philadelphia, PARandy Perreira

Honolulu, HI

Greg Powell

Austin, TX

Lillian Roberts

New York, NY

Eddie Rodriguez

New York, NY

Lawrence A. Roehrig

Lansing, MIJoseph P. Rugola

Columbus, OH

Eliot Seide

South St. Paul, MN

Mary E. Sullivan

Albany, NY

Braulio Torres

San Juan, PR

David Warrick

Indianapolis, IN

Jeanette D. Wynn

Tallahassee, FL

American Federation of State,County and Municipal EmployeesAffiliated with the American Federation of Labor

and Congress of Industrial Organizations (AFL-CIO)1625 L Street NW

Washington, DC 20036-5687

Lee Saunders Laura ReyesPresident Secretary-Treasurer

VICE PRESIDENTS


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TABLE OF CONTENTSPreamble ....................................................................7

Bill of Rights for Union Members ...........................8

ARTICLE IName, Affiliation, andHeadquarters .........................................................9

ARTICLE IIObjectives ........................................10

ARTICLE IIIMembership ...................................11

ARTICLE IVThe Convention .............................17

MAPLegislative Districts ...................................30

ARTICLE VThe International President ..........40

ARTICLE VIThe International

Secretary-Treasurer ............................................48

ARTICLE VIIThe International

Vice Presidents ...................................................56

ARTICLE VIIIThe International

Executive Board .................................................57

ARTICLE IXSubordinate Bodies ......................69ARTICLE XJudicial Procedure .......................112

ARTICLE XIThe Judicial Panel ......................122

ARTICLE XIIMiscellaneous Provisions .........131

ARTICLE XIIIAmendments .............................134

APPENDIX AMembership Obligation ............136

APPENDIX BObligation of an Officer ...........136

APPENDIX CConstitution for Local Unions 137

APPENDIX DElections Code ..........................145

APPENDIX E2006 Amendments with Future

Effective Dates ..................................................152

Suggested Ritual and Order of Business for

Local and Council Meetings ............................158

Recommended Form for Local Minutes ............160CHARTKey Parliamentary Rules ....................164

INDEX ....................................................................166

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CONSTITUTION

of the

American Federation of State, County

and Municipal Employees, AFL-CIO

Preamble

Workers organize labor unions primarily to secure

better wages and better working conditions.We hold that they also organize in order to par-

ticipate in the decisions which affect them at work.One of the fundamental tenets of democratic gov-ernment is the consent of the governed. Unions arean extension of that idea.

Union members are both workers and citizens. Collective bargaining is the expression of citizen-

ship in employment. Participation in the political lifeof the nation is but another aspect of that citizenship.

In the same way that unions are dedicatedto improvement of the terms and conditions ofemployment, we are equally dedicated to exertourselves, individually and collectively, to fulfillthe promise of American life. Amidst unparalleledabundance, there should be no want. Surroundedby agricultural surpluses of all descriptions, thereshould be no hunger. With advanced science andmedical research, sickness should not go untreated.A country that voyages into outer space can provideadequate education, protection and family preser-vation for all its children.

For unions, the work place and the polling placeare inseparable, and the exercise of the awesomerights and responsibilities of citizenship is equallyrequired at both.

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Unions are under a solemn obligation: to repre-sent members forcefully and effectively in nego-tiations with management and to conduct internal

union affairs according to democratic standards.Therefore, we the members of the American Fed-

eration of State, County and Municipal Employees,in convention assembled, adopt this Constitutionand this

Bill of Rights for Union Members

1. No person otherwise eligible for member-ship in this union shall be denied membership, ona basis of unqualified equality, because of race,creed, color, national origin, sex, age, sexual orien-tation, disability, or political belief.

2. Members shall suffer no impairment of free-dom of speech concerning the operations of thisunion. Active discussion of union affairs shall be

encouraged and protected within this organization.3. Members shall have the right to conduct the

internal affairs of the union free from employerdomination.

4. Members shall have the right to fair anddemocratic elections, at all levels of the union. Thisincludes due notice of nominations and elections,equal opportunity for competing candidates, and

proper election procedures which shall be constitu-tionally specified.

5. Members shall have an equal right to run forand hold office, subject only to constitutionallyspecified qualifications, uniformly applied.

6. Members shall have the right to a full and clearaccounting of all union funds at all levels. Suchaccounting shall include, but not be limited to,

periodic reports to the membership by the appro-priate fiscal officers and periodic audits by officers

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elected for that purpose or by independent auditorsnot otherwise connected with the union.

7. Members shall have the right to full participa-

tion, through discussion and vote, in the decision-making processes of the union, and to pertinentinformation needed for the exercise of this right.This right shall specifically include decisions con-cerning the acceptance or rejection of collectivebargaining contracts, memoranda of understand-ing, or any other agreements affecting their wages,hours, or other terms and conditions of employ-

ment. All members shall have an equal right to voteand each vote cast shall be of equal weight.

8. Charges against a member or officer shall bespecific and shall be only on grounds provided inthis Constitution. Accused members or officersshall have the right to a fair trial with strict adher-ence to due process. The accused shall be consid-ered innocent until proven guilty.

ARTICLE I

Name, Affiliation, and Headquarters

Section 1. This International Union shall beknown as the American Federation of State, Countyand Municipal Employees, and shall be affiliatedwith the American Federation of Labor and Con-gress of Industrial Organizations.

Section 2. The headquarters of this InternationalUnion shall be in the Washington, D.C., metropolitan

area.

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ARTICLE II

Objectives

The objectives of this Federation are:A. To promote the organization of workers in

general and public employees in particular.

B. To promote the welfare of the membershipand to provide a voice in the determination of theterms and conditions of employment. We are com-mitted to the process of collective bargaining as the

most desirable, democratic, and effective methodto achieve this. Both as union members and as citi-zens, we shall also employ available legislative andpolitical action.

C. To promote civil service legislation and careerservice in government.

D. To provide research and educational servicesand activities designed to assist members and affili-ates.

E. To foster cooperation among affiliates.

F. To cooperate with other labor organizationsin particular and other segments of our society ingeneral towards the end that the material riches of

American society be more justly distributed and themoral promise of American life be realized.

G. To work with our brothers and sisters in otherlands towards the improvement of the conditions oflife and work in all countries, towards the diminu-tion of international tensions and a reduction in theuse of armed force to resolve disputes, and towardsgenuine fraternity of all workers.

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ARTICLE III

Membership

Section 1. Except as otherwise provided in thisConstitution, any person, without regard to race,creed, color, national origin, sex, age, sexual ori-entation, disability, or political belief, who meetsone or more of the requirements hereafter listedshall be eligible for membership in a local unionduly chartered by and regularly affiliated with this

Federation.A. An employee of any state, territory, common-wealth, county, district, school board, city, town,village, township, or other public authority or ofany governmental subdivision of any such govern-ment or authority, except elected officials who arenot otherwise eligible under this Article, or of anyquasi-public agency or any non-profit or tax-exempt

agency of a public, charitable, educational, or civicnature.

B. A full-time staff employee of any subordinatebody of the Federation. If employed by a localunion, such employee shall be eligible for member-ship in the local union by which such employee isemployed. If employed by any other subordinatebody, such employee shall be eligible for member-

ship in any local union which is affiliated with suchsubordinate body and which is willing to acceptsuch employee into membership.

C. A full-time staff employee of the InternationalUnion. If such employee was, at the time of becom-ing an employee of the International Union, a mem-ber of a local union, such employee may maintainmembership in such local or may transfer such

membership to any other local union which is will-ing to accept such employee into membership and

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which is encompassed by such employees jobassignment. If such employee was not a member ofa local union at the time of becoming an employee

of the International Union, such employee mayestablish membership in any local union which iswilling to accept such employee into membershipand which is encompassed by such employees jobassignments.

D. Any full-time employee of the InternationalUnion or of a subordinate body who was, prior tothe acceptance of such employment, or at the time

of the adoption of this Constitution, a member of alocal union, may continue such membership.

E. A full-time elected or appointed officer orrepresentative of any labor body or labor organiza-tion with which the Federation is affiliated or withwhich subordinate bodies of the Federation areconstitutionally affiliated or are constitutionallyauthorized to affiliate, who, at the time of such elec-tion or appointment, was a member of a local unionof this Federation.

F. A person appointed or elected to serve, on afull-time basis, as an official representative of orga-nized labor, on or for a governmental or civic board,commission, or agency, who, at the time of suchappointment or election, was a member of a localunion of this Federation, unless the acceptance ofsuch appointment or election results in placing theperson in a position as an employer of other mem-bers of this Federation or creates a clear conflict ofinterest between the persons official duties and thepersons fealty to the union.

G. Individuals not within a local union jurisdic-tion but otherwise eligible for membership may

become members-at-large of this Federation. Duesfor members-at-large shall be an amount equal tothe minimum International Union per capita tax

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plus one dollar per month, payable directly to theInternational Secretary-Treasurer.

H. The International President is authorized,

with the approval of the International ExecutiveBoard, to establish alternative forms of member-ship, including special rules governing the rightsand obligations of such members, for groups ofworkers for whom regular membership is deter-mined to be inappropriate based upon the natureof the workers employment relationship or limita-tions on their legal rights in the workplace. Any

special rules governing the rights and obligationsof such members shall, to the extent required bylaw, be subject to the approval of the next regularbiennial convention.

I. Any person who is retired and who, priorto such retirement, was eligible for membershipin AFSCME and the spouse of any such personmay become a member of an appropriate retiredemployee chapter chartered by AFSCME or maybecome a retired member-at-large if there is noretired employee chapter or sub-chapter to whichsuch person can appropriately belong. Retiredmembers-at-large shall pay dues on an annual ormonthly basis in such amounts as are established bythe International Executive Board. These dues shallbe payable directly to the International Secretary-Treasurer who shall deduct the amount which rep-resents per capita tax payable to the InternationalUnion and place any remaining amounts in escrow.Upon the chartering of any retired employee chap-ter or sub-chapter, all amounts held in such escrowaccount attributable to members-at-large within thejurisdiction of such chapter or sub-chapter shall be

paid over to the newly chartered chapter or sub-chapter.

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Section 2. Any member who retires may continuemembership in AFSCME in the following manner:

A. If the retiring member is an incumbent offi-cer of a local, council or the International Union,such retiring member may, by the payment of thefull amount of dues, retain full membership statusuntil the end of the term of such office, except asprovided below. At the end of said term, the retir-ing member shall be eligible to become and toremain a retired member with the rights specified

below, and shall lose eligibility for full membershipstatus. If the retiring member is an InternationalVice President, and such retirement occurs priorto a regular International Union convention atwhich elections are not scheduled, such membershall lose eligibility for full membership status atthe conclusion of that convention, and an electionshall be held at that convention to fill the vacancy

for the remainder of the unexpired term of office,unless the vacancy shall have been filled earlierpursuant to Article VIII, Section 11 of this Constitu-tion. Notwithstanding the contrary provisions ofthis Section, a subordinate body may provide inits constitution that retiring incumbent officers ofsuch subordinate body are not eligible to continueas full members or officers of such subordinate

body following their retirement.B. If the retiring member is not an incumbent

officer of a local, council, or the InternationalUnion, said retiring member shall be eligible tobecome and to remain a retired member with therights specified below, and shall lose eligibility forfull membership status.

C. A retired member shall have the right to mem-

bership in the appropriate AFSCME retired employ-ee chapter or sub-chapter. No retired member or

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member of a retired employee chapter or sub-chapter shall be a candidate for any elected officein a local, council or the International Union.

Section 3. The International Executive Board, orthe International President, subject to the approvalof the International Executive Board, may issuelocal union charters or authorize the enlargementof the jurisdiction of existing local unions to includeother appropriate groups of workers not specifi-cally enumerated in this Article, and such workers

shall be eligible for membership. Section 4. No local union shall accept duespayments from any individual who does not meetthe eligibility requirements set forth in this Article.Should dues payments be offered by such anindividual and accepted by a local union, the indi-vidual shall, nevertheless, not be a member of thisFederation. Any challenge regarding eligibility formembership shall be decided by the InternationalPresident; provided, however, that decisions ofthe International President may be appealed to theInternational Executive Board. Any individual whois determined by the International President to haveceased to meet the eligibility requirements set forthin this Article shall thereby automatically ceaseto occupy any office in the International Union orany council or local union; provided, however, thatthe decision of the International President may bestayed by the International Executive Board uponappeal being filed to such body, and during theperiod of such stay, the individual involved shall beentitled to remain in office.

Section 5. A member in good standing shall, at

said members request, receive a withdrawal cardfrom the local union under the following circum-stances:

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A. If the member is separated from service withthe employing agency.

B. If the member becomes ineligible for member-

ship in the local union as a result of a promotion,demotion, or transfer.

C. If the member retires.D. If the member enters military service.

Section 6. No person may, at any one time, be amember of more than one local of this Federationunless such person is actually employed within

the jurisdiction of each local union to which suchperson belongs. A member in good standing whotransfers to the jurisdiction of another local unionof this Federation shall be issued a transfer card bythe local from which said member is transferringwhich shall, for a period of thirty days, entitle themember to join the local union in the jurisdictionin which said member is newly employed without

payment of an initiation fee. Transfer cards shallalso be issued to members who, as a result of theiremployment by the International Union or a subor-dinate body, request such transfer cards.

Section 7. No person who has been expelledfrom membership in accordance with the provi-sions of this Constitution may be admitted tomembership in or employed by the Federation orany of its subordinate bodies for one year followingsuch expulsion, and may thereafter be admitted tomembership or offered such employment only withthe prior approval of the International ExecutiveBoard.

Section 8. When a member is unemployed formore than twenty days in any calendar month

and does not receive unemployment compensa-tion or sick leave pay or other remuneration, such

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unemployed member may be entitled to credit formembership dues for the period of unemploymentbut not to exceed six months in any calendar year.

Section 9. Each new member shall subscribe tothe Membership Obligation contained in Appendix Aof this Constitution.

ARTICLE IV

The Convention Section 1. All sovereign powers of this Fed-eration shall be vested in the convention, when insession.

Section 2. The convention shall meet bienniallyin the even-numbered years at such time, date, andplace as shall be determined by the International

Executive Board; provided, however, that suchconvention shall begin at some time between April1st and September 30th, and that no conventionshall be held on a holiday weekend. For a specificpurpose or purposes, which shall be clearly definedin the call, a special convention may be called atany time by the International Executive Board. Aspecial convention solely to fill a vacancy in theoffice of International President shall be called asprovided in this Constitution.

Section 3. If one or more local unions in each often different states, commonwealths or territoriesshall, by letter to the International Secretary-Trea-surer, request the calling of a special conventionfor a specific purpose or purposes, the Interna-

tional Secretary-Treasurer shall forward copies ofsuch requests to each member of the International

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Executive Board. At the next meeting of the Inter-national Executive Board, the Board shall vote onthe question of calling a special convention for the

purpose or purposes set forth in the requests. If themajority of those present and voting favor the call-ing of a special convention, such convention shallbe held within 120 days thereafter. If the majorityof those present and voting oppose the calling of aspecial convention, the question shall, within sevendays thereafter, be submitted to all affiliated localunions for action. If, within sixty days after the

question has been submitted, local unions repre-senting a majority of the membership of the Federa-tion, as determined by the average per capita taxpayments for the twelve-month period ending withthe fourth full month prior to the date on whichthe question is submitted, indicate by certificationto the International Secretary-Treasurer that theyfavor the calling of a special convention, such con-vention shall be called. The International ExecutiveBoard shall determine the time, date, and place forsuch special convention, except that such conven-tion shall begin not earlier than 150 days nor laterthan 180 days following the original submission ofthe question to the local unions for action.

Section 4. Not less than seventy-five days prior

to the opening of any convention, the InternationalSecretary-Treasurer shall issue a convention call,in the name of the International Executive Board.Such call shall state the time, date, and place of theconvention and, in the case of a special convention,the purpose or purposes. A copy of the call shallbe sent to all subordinate bodies, together with theappropriate number of blank credential forms.

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Section 5. The basis of local union representationin conventions shall be determined from the aver-age per capita tax actually paid to the Federation

for the twelve consecutive months ending withthe fourth full month preceding the opening ofthe convention. In the case of a local composedof two or more locals that have merged during thetwelve-month period, or between the end of thetwelve-month period and the opening of the con-vention, the combined average per capita tax of themerging locals shall be the basis of representation.

In any case where a local has been divided into twoor more locals during the twelve-month period, orbetween the end of the twelve-month period andthe opening of the convention, the total average percapita tax shall be divided among the newly cre-ated locals in direct proportion to their respectiveaverages since the division, and this shall constitutetheir respective bases of representation. In the caseof a newly organized or newly affiliated local whichhas been in existence or has been affiliated forless than the full twelve-month period, the averageper capita tax for that portion of the twelve-monthperiod during which the local has been in existenceor has been affiliated shall be the basis for repre-sentation; provided, however, that any local whichwas formed after the twelve-month period shall beentitled to representation only in accordance withthe provisions of Section 8 below.

Section 6. Locals shall be entitled to delegateson the basis of membership as follows: 100 orfewer, one delegate; more than 100 but not exceed-ing 200, two delegates; more than 200 but notexceeding 300, three delegates; more than 300 but

not exceeding 400, four delegates; more than 400,one additional delegate for each 1,000 additionalmembers or fraction thereof.

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Section 7. Regardless of the number of del-egates, locals shall be entitled to vote on the basisof one vote for each member or fraction thereof.

Locals entitled to more than one delegate maysend fewer than their quota of delegates and thedelegates present may cast the entire vote of thelocal on all recorded votes and elections comingbefore the convention. The number of votes shallbe divided equally among the delegates, with anyremaining votes to be cast by the Chairperson of thedelegation, as designated by the local. No fractional

votes shall be permitted.

Section 8. Each chartered council shall be enti-tled to one delegate and one vote. Each charteredretiree chapter shall be entitled to delegates on thebasis of membership, to be determined in the man-ner provided for local unions in Article IV, Section5 of this Constitution, as follows: 10,000 or fewer,

one delegate; more than 10,000 but not exceed-ing 25,000, two delegates; more than 25,000 butnot exceeding 50,000, three delegates; more than50,000, four delegates. Each delegate represent-ing a retiree chapter shall be entitled to one vote.Such delegates shall be entitled to all the rights andprivileges of a delegate except that such a delegateshall not be entitled to nominate any candidate for

International Union office as a council or retireechapter delegate or to cast the councils or retireechapters vote in the election of International Unionofficers unless such delegate has been elected tothat position by secret ballot vote conducted amongthe members of the local unions affiliated with suchdelegates council or among the members of suchdelegates retiree chapter or its sub-chapters. Any

local formed or affiliated after the twelve-monthperiod which forms the basis for representation of

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local unions or from which no per capita tax wasdue and paid for the twelfth month of the twelve-month period shall be entitled to send one fraternal

delegate to serve as an official observer withoutvoice or vote. Any member of the InternationalExecutive Board and any member of the Judicial Panelwho is not elected as a delegate representing a sub-ordinate body shall nevertheless be entitled to all therights and privileges of a delegate except the right tovote.

Section 9. All delegates shall, after due noticeof nominations and elections has been given, beelected in the respective subordinate bodies. Sub-ordinate bodies may also elect an alternate delegatefor each delegate. Election shall be by secret ballot,except in instances where a nominee is unopposed.The names of the delegates and of alternates, ifany, shall be certified by the president and secre-

tary of each subordinate body to the InternationalSecretary-Treasurer at International Headquartersat least twenty days prior to the convention. If suchcertification is by a local union and includes two ormore delegates, the certification shall designate oneof the delegates as Chairperson of the delegation.Names of delegates certified after the twentieth dayprior to the convention shall be deemed irregular

and shall not be included in the initial report of theCredentials Committee.

Section 10. In any special convention, everylocal union president shall be considered a delegateautomatically, except in a local union where thelocal constitution makes specific provision for a dif-ferent automatic delegate. Nothing in this section

shall be deemed to prohibit any local union whichis entitled to more than one delegate from electingadditional delegates; nor shall this section be inter-

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preted so as to prevent one or more subordinatebodies from exercising the rights provided in Sec-tions 12 and 13 below to unite in sending a delegate

to the special convention.

Section 11. No nomination or election of del-egates shall be held more than 120 days prior to theopening of the convention; provided, however, thatthis restriction shall not apply to a delegate from asubordinate body which normally meets less oftenthan quarterly, nor shall it affect anyone who is a

delegate pursuant to the constitution of a subordi-nate body by virtue of election to an office therein.

Section 12. A delegate representing a localunion must, from the twelfth month of the twelve-month period which forms the basis for local unionrepresentation until the opening of the convention,be a member in good standing of the local repre-sented. With the exceptions provided in Section 15,however, two or more locals within the same coun-cil, state, commonwealth, or territory may unite insending to the convention a delegate who meets theabove qualifications in one of such locals. Before alocal may be represented by a delegate who is nota member of the local, the membership of the localshall first vote on the following question: Shall thislocal elect as a convention delegate a person whois not a member of this local union? If the majorityof those voting on the question vote in the affirma-tive, the local may then proceed to elect a delegatein accordance with the above requirements. Anydelegate so elected may cast the votes to which thelocals are individually entitled. No delegate mayrepresent more than five locals.

Section 13. A delegate representing a council must,from the twelfth month of the twelve-month period

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which forms the basis for local union representationuntil the opening of the convention, be a member ingood standing of a local union which is affiliated with

such council. A delegate representing a council may,if elected in accordance with the procedures set forthin Section 12 above, also serve as delegate for notmore than four local unions affiliated with the council.Any delegate so elected may cast the votes to whichthe subordinate bodies are individually entitled. Nodelegate may represent more than five subordinatebodies.

Section 14. A delegate representing a retireechapter must, from the twelfth month of the twelve-month period which forms the basis for local unionrepresentation until the opening of the convention,be a member in good standing of such retiree chap-ter or of a retiree sub-chapter affiliated with suchchapter.

Section 15. No member of the InternationalExecutive Board and no salaried employee of theInternational Union and no member of the Judi-cial Panel shall serve as a delegate from any localexcept the local of which such person is a memberor of the council with which that local is affiliated.

Section 16. No local union or retiree chapter

shall be entitled to representation in any conven-tion unless all its per capita tax due to and all spe-cial assessments levied by the Federation as of theend of the fourth month preceding the opening ofthe convention shall have been paid in full by or onthe day the delegate seeks to register at the conven-tion. No council shall be entitled to representationin any convention unless the annual affiliation fee

for the current year shall have been paid in full byor on the day the delegate seeks to register at theconvention.

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A local union which would be deprived of rep-resentation in full or in part pursuant to the provi-sions of this Article solely because of an employers

delay in remitting dues deductions in the normalfashion shall be allowed such representation andvoting strength as the convention upon the reportof the Credentials Committee shall determine to beequitable.

Section 17. No local union shall be entitled torepresentation at any convention if it is in violation

of a lawful ruling of the International ExecutiveBoard requiring affiliation with a council.

Section 18. Prior to each convention, the Inter-national President shall, with the approval of theInternational Executive Board, appoint a Creden-tials Committee, a Committee on Rules and Orderof Business, a Constitution Committee, a Sergeants-at-Arms Committee, and such other Committeesas shall be authorized by the Executive Board,designating one member of each Committee asChairperson. At the convention, the InternationalPresident, with the approval of the InternationalExecutive Board, shall appoint any additionalcommittees required under the rules of the conven-tion, designating one member of each committeeas Chairperson, and special committees and theChairpersons thereof required by any resolutionadopted by the convention, unless such resolutionprovides for a different method of appointment.At each convention at which elections are to beheld, the International President, with the approv-al of the International Executive Board, shallappoint a Committee on Elections, designating one

member of the Committee as Chairperson. TheInternational President shall be an ex-officiomember of all convention committees, except the

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Credentials Committee and the Committee onElections, and of any interim committees that maybe established by the convention.

Section 19. Each member of the CredentialsCommittee shall, upon accepting appointment tosuch committee, be disqualified from becominga candidate for elective office at the convention.The Credentials Committee shall receive from theInternational Secretary-Treasurer, in advance ofthe convention, all credentials which have been

received by the International Secretary-Treasurer,such credentials having been stamped as to the datethey were received and attached to the envelope inwhich they were received. The Credentials Commit-tee shall receive from the International Secretary-Treasurer, in advance of the convention, a reporton the month-by-month per capita tax payments ofeach local union for the twelve consecutive months

ending with the fourth full month preceding theopening of the convention. The Credentials Com-mittee shall provide facilities for the registration ofdelegates. The Credentials Committee shall makeall decisions concerning the validity of credentialsand decide all questions regarding the bona fideabsence of delegates and the seating of alternates,such decisions being subject to appeal to the con-

vention. Any delegate whose credential was notreceived by the International Secretary-Treasurerby the twentieth day prior to the convention oraddressed to the International Secretary-Treasurerand postmarked by the twentieth day prior to theconvention shall be considered an irregular del-egate. No irregular delegate shall be seated at theopening of the convention and no irregular delegate

shall be included in the initial report of the Cre-dentials Committee. Following the adoption of the

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convention rules, irregular delegates may be seatedby a majority vote of the convention. No delegateshall be permitted to register after 1:00 p.m. on

the second day of the convention. The CredentialsCommittee shall provide each delegate with a com-plete copy of the Committees report or reports.

Section 20. The Committee on Rules and Orderof Business shall report to the convention its rec-ommendations concerning rules of procedure forthe convention. The rules of procedure governing

the preceding regular biennial convention shall bein force from the opening of any convention untilnew rules have been adopted by action of the con-vention.

Section 21. The Sergeants-at-Arms Committeeshall arrange for the seating of all delegates in theconvention hall. Under the direction of the presid-ing officer of the convention, the Sergeants-at-ArmsCommittee shall maintain proper order and deco-rum within the hall and shall perform such otherduties as the presiding officer shall require.

Section 22. Resolutions, including proposals toamend the Constitution, to be introduced for con-sideration at any convention shall be signed by thepresident and the secretary of a subordinate body or

by one or more certified delegates. Such resolutionsshall be prepared and signed in duplicate and sentto the International Secretary-Treasurer at Interna-tional Headquarters and postmarked at least twentydays prior to the opening of the convention. TheInternational Secretary-Treasurer shall make cop-ies of all such resolutions available to the delegatesand shall properly identify those who submitted

the resolutions. No resolutions may be introduced

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thereafter unless consent is given by a two-thirdsvote of the convention; provided, however, that theInternational President or the International Execu-

tive Board may introduce a resolution for consid-eration by the convention at any time up to andincluding the fourth day of the convention.

Section 23. The International President shall bethe presiding officer at all conventions, but may callany delegate to preside instead.

Section 24. The International Secretary-Treasurer

shall serve as secretary at all conventions; shall readthe convention call to the delegates at the openingsession of the convention; and shall maintain anaccurate record of the convention proceedings.

Section 25. A quorum for the transaction ofbusiness shall consist of not fewer than one-thirdof the delegates seated in the convention.

Section 26. Beginning at the 1972 regular bien-nial convention and at every second regular bien-nial convention thereafter, there shall be electedan International President and an InternationalSecretary-Treasurer, both to be elected by the con-vention-at-large, and International Vice Presidentswithout priority, to be elected by the delegatesrepresenting locals, councils and retiree chapters ineach of the Legislative Districts hereinafter estab-lished.

Section 27. Legislative Districts are herebyestablished for the purpose of electing Internation-al Vice Presidents. A delegate shall vote only for anInternational Vice President or International VicePresidents from the Legislative District in which

the subordinate body the delegate represents islocated.

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In any case where the membership of a subordi-nate body is employed in more than one LegislativeDistrict, the votes of such subordinate body shall be

cast in the district in which the principal office of asubordinate body is located.

The Hawaii District shall consist of the State ofHawaii.

The Northwestern District shall consist of allcouncils and locals in the States of Alaska, Idaho,Montana, Oregon, Washington and Wyoming.

The California District shall consist of all coun-

cils and locals in the State of California, which arenot included in the United Domestic Workers Dis-trict.

The Southwestern District shall consist of theStates of Arizona, Colorado, Nevada, New Mexico,Oklahoma, Texas and Utah.

The North-Central District shall consist of the Statesof Minnesota, North Dakota and South Dakota.

The Midwestern District shall consist of theStates of Arkansas, Iowa, Kansas, Missouri andNebraska.

The Wisconsin District shall consist of the Stateof Wisconsin.

The Michigan District shall consist of the State ofMichigan.

The Illinois District shall consist of the State ofIllinois.

The Central District shall consist of the States ofIndiana, Kentucky and Tennessee.

The Ohio District shall consist of all councils andlocals in the State of Ohio which are not includedin the Ohio Civil Service Employees AssociationDistrict or the Ohio Association of Public School

Employees District.The Ohio Civil Service Employees AssociationDistrict shall consist of the Ohio Civil Service

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Employees Association, Local 11.The Ohio Association of Public School Employ-

ees District shall consist of the Ohio Association of

Public School Employees, Local 4.The Northern New England District shall consist

of the States of Maine, Massachusetts, New Hamp-shire and Vermont.

The Southern New England District shall consistof the States of Connecticut and Rhode Island.

The New York City District shall consist of anycouncil having jurisdiction over county and munici-

pal employees of New York City and local unionswithin the chartered jurisdictions of any such council.

The Civil Service Employees Association Districtshall consist of the Civil Service Employees Asso-ciation, Local 1000.

The New York State District shall consist of allcouncils and locals in the State of New York whichare not included in the New York City District orthe Civil Service Employees Association District.

The Pennsylvania District shall consist of theState of Pennsylvania.

The Eastern District shall consist of the States ofDelaware and New Jersey.

The Capital District shall consist of the States ofMaryland, Virginia, West Virginia and the District ofColumbia.

The Southeastern District shall consist of theStates of Alabama, Florida, Georgia, Louisiana,Mississippi, North Carolina, South Carolina and theRepublic of Panama.

The Puerto Rico District shall consist of the Com-monwealth of Puerto Rico.

The National Union of Hospital and Health Care

Employees District shall consist of the NationalUnion of Hospital and Health Care Employees,Local 1199.

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The United Domestic Workers District shall con-sist of the Locals 3930 and 4034.

Section 28. One International Vice Presidentshall be elected by the delegates representinglocals, councils and retiree chapters in each ofthe Legislative Districts established in Article IV,Section 27; provided, however, that in any Legisla-tive District containing local unions having a totalmembership in excess of five percent but less thanfifteen percent of the total membership of all local

unions in the International Union, two InternationalVice Presidents shall be elected; and providedfurther, that in any Legislative District containinglocal unions having a total membership in excess offifteen percent of the total membership of all localunions in the International Union, three Interna-tional Vice Presidents shall be elected. Each dele-gate representing a local, council or retiree chapter

in a Legislative District shall vote for the numberof candidates for International Vice President to beelected from such District.

Section 29. Each month, the InternationalSecretary-Treasurer shall certify, for the six-monthperiod ending with the second full month precedingthe month in which the certification is made, (1) theaverage total number of members of all local unionsin the Federation, and (2) the average total numberof members in all local unions in each of the severalLegislative Districts, and such certifications shallbe reported to the International Executive Boardas part of the International Secretary-Treasurersregular, periodic reports to the International Execu-tive Board. If such certification shows that any

Legislative District which had, at the previousInternational Convention at which regular elections

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were held, elected only one International VicePresident contains local unions having a totalmembership in excess of five percent but less than

fifteen percent of the total membership of all localunions in the International Union, or that anyLegislative District which had, at the previousInternational Convention at which regular electionswere held, elected fewer than three InternationalVice Presidents contains local unions having a totalmembership in excess of fifteen percent of the totalmembership of all local unions in the International

Union, announcement of the fact shall be made inthe official publication of the Federation. In sucha case, an additional International Vice Presidentshall be elected from such Legislative District inaccordance with the procedure for filling vacanciesin the office of the International Vice President asspecified in Article VIII, Section 11 of this Con-stitution, and the term of such International VicePresident shall end upon the installation of the offi-cers elected at the next International Conventionat which regular elections are held; provided thatno election shall be held if a regular InternationalConvention is scheduled to be held within 180 daysafter the issuance of the certification that wouldotherwise require the holding of an election, andthe additional International Vice President shall beelected at that Convention for a term expiring uponthe installation of the officers elected at the nextregular Convention at which elections are sched-uled. If the certification reported to the Internation-al Executive Board in December of a year whichimmediately precedes an International Conventionat which elections are scheduled shows that any

Legislative District contains local unions having atotal membership of less than one percent of the

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total membership of all local unions in the Inter-national Union, then upon receipt of such certi-fication, the International Executive Board shall

establish a hearing committee consisting of threemembers of the International Executive Board,and announcement of that fact shall be made in theofficial publication of the Federation.

Section 30. The hearing committee establishedpursuant to Section 29 of this Article shall meet assoon as practicable for the purpose of tentatively

revising the Legislative District lines. The Interna-tional Secretary-Treasurer shall furnish to the hear-ing committee such membership statistical infor-mation as it may request. In making such tentativerevisions, the hearing committee shall be bound bythe following limitations:

A. No revision shall be made which shall placelocal unions affiliated with the same council in dif-

ferent Legislative Districts.B. No revision shall be made which shall result in

the election of fewer than thirty or more than thirty-five International Vice Presidents.

Upon completion of a tentative revision, thehearing committee shall, after due notice to alllocals and councils within any Legislative Districtdirectly affected by such tentative revision, hold

one or more hearings within each directly affectedLegislative District. At said hearings, interestedparties may express their views concerning thetentative revision and may propose alternativeplans for revision. Upon completion of all suchhearings, the hearing committee shall report itsfindings and recommendations to the InternationalExecutive Board which shall then approve a final

revision plan, which shall meet the limitations setforth above in this section, and copies of such plan

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shall be mailed to all local unions and councilsat least forty-five days prior to the opening of theInternational Convention. Such plan shall take

effect and shall constitute an amendment to theInternational Constitution at the time for hold-ing nominations at the International Conventionunless, prior to such time, a resolution proposingan alternative plan shall have been properly intro-duced and adopted by a majority vote of the con-vention, in which case such alternative plan shalltake effect and shall constitute an amendment to

the International Constitution at the time for hold-ing nominations at said International Convention.Any such alternative plan must meet the limita-tions set forth in this section.

Section 31. If the total membership in all localunions in any Legislative District which is repre-sented by two International Vice Presidents shall

fall below five percent of the total membershipof all local unions in the International Union, orif the total membership in all local unions in anyLegislative District which is represented by threeInternational Vice Presidents shall fall below fif-teen percent of the total membership of all localunions in the International Union, the delegatesfrom locals, councils, and retiree chapters in such

Legislative District shall, at the next convention atwhich elections are to be held, elect only the num-ber of Vice Presidents to which such District isentitled pursuant to Section 28 of this Article; pro-vided that, if the membership in all local unions inany such Legislative District has fallen below thethreshold for electing a second or third Interna-tional Vice President by less than one-half percent

of the total membership of all local unions in theInternational Union, the reduction in the number

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of Vice Presidents to be elected by such LegislativeDistrict shall be delayed until the convention to beheld four years later, and such reduction shall not

take effect then if the certification of membershipissued in the December immediately precedingsuch convention shows that the membership inall local unions in such Legislative District is inexcess of the percentage of the membership of alllocal unions in the International Union required toelect the number of International Vice Presidentspreviously elected by such Legislative District.

Section 32. To be eligible for election as Inter-national President or as International Secretary-Treasurer, a nominee must have been a memberin the Federation for at least five years continu-ously at the time of the election. No member of theJudicial Panel and no person who has served as amember of the Judicial Panel during any part of the

calendar year in which the convention is held shallbe eligible for election at the convention.

Section 33. To be eligible for election as anInternational Vice President, a nominee must havebeen a member in a local or locals within the Leg-islative District the nominee seeks to represent forat least three years continuously at the time of theelection, except as provided below. In any electionfor International Vice President in a LegislativeDistrict in which the combined total membershipin the local unions in such district has increased bymore than fifty percent since the last certificationof membership immediately preceding a conven-tion at which elections were held, the requirementof three years continuous membership shall stand

suspended from effect. No salaried employee ofthe Federation shall serve as an International

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Vice President. No member of the Judicial Paneland no person who has served as a member of theJudicial Panel during any part of the calendar year

in which the convention is held shall be eligible forelection at the convention.

Section 34. Nominations of officers, except forInternational Vice Presidents, shall be conductedin open convention, and no nominating committeeshall be used. Any delegate may nominate any eli-gible member for the office of International Presi-

dent or of International Secretary-Treasurer. Thedelegates shall be divided by Legislative Districtfor the purpose of nominations for the office ofInternational Vice President for their District. Anydelegate may nominate any eligible member for theoffice of International Vice President to representthe delegates own Legislative District. Followingthe nominating procedures, nominees shall be

afforded the opportunity to decline, and the nameof any person so declining shall not appear on theballot. No person shall be a candidate for more thanone office. Any challenge concerning the eligibilityof any nominee shall be filed in writing with theInternational President prior to the opening of thenext meeting of the convention following the meet-ing at which nominations are conducted. Any chal-

lenge so filed shall be referred to the Committee onElections, which shall report on the eligibility of thenominee prior to the election.

Section 35. In any case where there is only onenominee for office, the unopposed candidate shallbe declared elected. In all other instances electionsshall be conducted by secret ballot. If paper ballots

are used, the names of the candidates for Inter-national President and International Secretary-

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Treasurer shall not appear on the same ballot withthe candidates for International Vice President. Nopaper ballot shall have a value of more than 500

votes, and any delegate entitled to cast more than500 votes shall be given additional ballots to makeup the total number of votes to which such del-egate is entitled. Any delegate representing morethan one subordinate body will, upon request, begiven a separate ballot for each subordinate bodyrepresented. Write-in votes shall not be valid for anypurpose.

Section 36. A majority of the votes cast for anyoffice shall be required to elect. If fewer than thenumber of candidates to be elected to any officereceive a majority, then a new ballot shall be preparedand a run-off election shall be held. If one person isto be elected to the office, the new ballot shall con-tain only the names of the two candidates receiving

the greatest number of votes. If more than one per-son is to be elected to the office, the new ballot shallbe prepared as follows: (1) if any candidate receivesa majority, that candidate shall be declared elected,and the ballot shall contain only the names of thenumber of candidates equal to twice the numberremaining to be elected who received the greatestnumber of votes but did not attain a majority; (2)

if no candidate receives a majority, the ballot shallcontain only the names of the number of candi-dates equal to twice the number to be elected whoreceived the greatest number of votes.

Section 37. Any delegate desiring to protest theconduct of the election shall lodge a protest imme-diately with the Committee on Elections.

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Section 38. The Committee on Elections shallreport to the convention the results of the balloting,together with its recommendations on any protests

which have been lodged regarding the conduct ofthe election.

Section 39. The convention shall review anyprotest regarding the conduct of the election whichis not resolved by the Committee on Elections tothe satisfaction of the protestant and all affectedcandidates. Where the convention finds violations

which may have affected the outcome of the elec-tion, it shall have the power to order a re-vote, arecount of the ballots, or such other action to rem-edy the election violations as it deems appropriate.

Section 40. The election of International offi-cers shall, in all matters not specifically providedfor in this Article, be governed by the provisions ofAppendix D of this Constitution.

Section 41. The International Executive Boardmay employ an independent agency which shall,subject to approval by the convention, assist in and/or supervise the conduct of the election. Any can-didate whose name is to appear on the ballot shallhave the right to have present an official observerof the candidates own choosing in all places where

ballots bearing such candidates name are to be castor counted.

Section 42. All officers elected at the conventionshall take office as the last order of business priorto final adjournment or at three oclock on the after-noon of the fifth day of the convention, whicheveris earlier. Upon assuming office, each new officer

shall subscribe to the Obligation of an Officer con-tained in Appendix B of this Constitution.

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ARTICLE V

The International President

Section 1. The International President shall bethe chief executive and administrative officer ofthe Federation, and shall conduct the affairs ofthe Federation in accordance with this Constitu-tion and in accordance with policy decisions ofthe Convention and the International ExecutiveBoard. The International President shall, with the

approval of the International Executive Board,procure suitable offices for the transaction ofFederation business. The International Presidentshall, under policies established by the Interna-tional Executive Board, employ, terminate, fix thecompensation and expenses, and direct the activi-ties of such office staff, administrative assistants,technical and professional assistants, field staff,

organizers and representatives as are required tocarry out effectively the functions of the Interna-tional Presidents office. The International Presi-dent shall, with the approval of the InternationalExecutive Board, engage such technical and profes-sional services, including legal counsel, as may berequired. The International President shall reportregularly to the International Executive Board

on all official actions taken. The responsibility ofthe International President may not be delegated,but the International President may delegate to aperson or persons the execution of such duties asthe International President may deem warranted,subject to the limitations of this Constitution.The International President shall sign all checks,authorizations for expenditures, contracts, and

other official documents of this Federation. TheInternational President may, with the approval ofthe International Executive Board, designate a

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deputy or deputies to sign such documents instead.The International President and any authorizeddeputy or deputies shall be covered by surety bonds

in amounts to be determined by the InternationalExecutive Board and at the expense of the Federa-tion. The minimum bond shall be not less than 10percent of the assets handled by the Federationannually, except that no bond shall be required inan amount greater than $500,000.

Section 2. The International President shall be

elected at the 1972 regular biennial convention andat every second regular biennial convention there-after. The International President shall receive aminimum annual salary of $37,500 and shall receiveexpenses in accordance with policies establishedby the International Executive Board. Effectivethe date the International President elected at theAFSCME 40th International Convention assumes

office, the salary of the International President shallbe $295,000. The salary shall be adjusted annuallyin accordance with the average annual increasein pay of AFSCME members as determined by theSecretary-Treasurer for the purpose of Section 7 ofArticle 9 of the Constitution.

Section 3. The International President shall bethe presiding officer at all conventions, but maycall any delegate to preside instead. The Interna-tional President shall, at each convention, presenta written report to the delegates concerning thePresidents activities during the period since thepreceding convention. Prior to the convention, theInternational President shall, with the approvalof the International Executive Board, appoint a

Credentials Committee, a Committee on Rules andOrder of Business, a Constitution Committee, a Ser-geants-at-Arms Committee, and such other commit-


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tees as shall be authorized by the Executive Board,designating one member of each committee as theChairperson. At the Convention, the International

President shall, with the approval of the Interna-tional Executive Board, appoint any additional com-mittees required under the rules of the convention,designating one member of each committee asChairperson, and any special committees and theChairpersons thereof required by any resolutionadopted by the Convention, unless such resolutionprovides for a different method of appointment. At

each convention at which elections are to be held,the International President, with the approval ofthe International Executive Board, shall appoint aCommittee on Elections, designating one memberof the Committee as Chairperson. The Interna-tional President shall be an ex-officio member ofall convention committees, except the CredentialsCommittee and the Committee on Elections, and ofany interim committees that may be established bythe Convention.

Section 4. The International President shall pre-side at all meetings of the International ExecutiveBoard, but may call any other member of the Inter-national Executive Board to preside instead. TheInternational President shall serve as Chairperson

of the Executive Committee, as Chairperson of theFinance Committee, and as an ex-officio member ofall other committees of the International ExecutiveBoard.

Section 5. In advance of each fiscal year, theInternational President shall submit to the Interna-tional Executive Board a proposed budget for the

coming year, setting forth the anticipated incomeand the source thereof and the anticipated expen-ditures and their purposes. A copy of the proposed

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budget shall be transmitted to the InternationalSecretary-Treasurer at least one week prior to itssubmission to the International Executive Board.

The proposed budget shall be subject to revisionand approval by the International Executive Board.Insofar as possible, the International Presidentshall adhere to the budget adopted by the Interna-tional Executive Board.

Section 6. The International President, subjectto the approval of the International Executive

Board, shall issue charters to subordinate bodiesof the Federation and shall, subject to an appealto the International Executive Board, determineall matters relating to the jurisdiction and properaffiliations of subordinate bodies. The InternationalPresident, subject to the approval of the Interna-tional Executive Board, shall have the authorityto negotiate and consummate, on such terms and

conditions as the President considers appropriate,mergers or consolidations with organizations rep-resenting public employees or other appropriategroups of workers. The terms and conditions ofsuch mergers or consolidations may include waiverof other provisions of this Constitution for suchmerging organizations for such periods of time asshall be set forth in the agreement of merger or

consolidation. Section 7. The International President shall havethe power to direct the International Secretary-Treasurer to conduct an examination and auditof the books and accounts of subordinate bodies,whether chartered or not, including any books andaccounts concerning health and welfare, pension,

insurance or other benefit programs covering mem-bers of such subordinate bodies, at any time. TheInternational Secretary-Treasurer, either in person


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or by designee, shall undertake such examinationand audit as promptly as possible. In appropriatecases, the International President may direct that

the authority to conduct such examination andaudit be delegated to the council with which suchsubordinate body is affiliated, or, in the case of asubordinate body of a local union that is not affili-ated with a council, to such local. When such a del-egation is made, the costs of the examination andaudit shall be the responsibility of the InternationalUnion, unless the audit is requested by the council

or local to which the delegation is made, in whichcase such council or local shall be responsible forthe costs. The results of the examination and audit,and any written report, shall be transmitted to theInternational President as promptly as possible.

Section 8. The International President shall haveauthority to make interpretations of this Constitu-

tion, subject to appeal to the International Execu-tive Board.

Section 9. The International President shall be adelegate to all conventions of the American Federa-tion of Labor and Congress of Industrial Organiza-tions.

Section 10. The International President, with

the advice and consent of the International Execu-tive Board, may initiate, edit and manage a pub-lication which shall be the official publication ofthe Federation. Title of any such publication shallbe vested in the American Federation of State,County and Municipal Employees. A copy of theofficial publication shall be furnished to eachmember.

Section 11. As soon as practicable followingthe adoption of this language by the 1972 biennial

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convention, the International President shall, withthe advice and consent of the International Execu-tive Board, appoint a member of the Federation

to serve as Chairperson of the Judicial Panel andeight other members of the Federation to serve asmembers of the Judicial Panel. As soon as prac-ticable following final adjournment of the 2000biennial convention, the International Presidentshall, with the advice and consent of the Interna-tional Executive Board, appoint two additionalmembers of the Federation to serve as members of

the Judicial Panel. Except as provided below, theterms of persons appointed in 1977 shall expire in1980, and the terms of those members appointedin 1978 shall expire in 1981. Of those personsappointed to the Judicial Panel in 1980, three shallserve terms expiring in 1982 and three shall serveterms expiring in 1983. Of those persons appointedto the Judicial Panel to fill positions newly createdin 2000, one shall serve a term expiring in 2002 andone shall serve a term expiring in 2003. At any gen-eral meeting of the International Executive Boardduring the year in which a panel members term isscheduled to expire, the International Presidentshall, with the advice and consent of the Interna-tional Executive Board, reappoint such memberor appoint a successor. No two members of theJudicial Panel shall be members of local unionsin the same Legislative District, as established inArticle IV, Section 27 of this Constitution. At leastthree members of the Judicial Panel shall be fromLegislative Districts located east of the MississippiRiver and at least three members of the JudicialPanel shall be from Legislative Districts located

west of the Mississippi River. No member of theInternational Executive Board and, except as pro-vided in Article XI of this Constitution, no salaried


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employee of the International Union shall serve onthe Judicial Panel.

Section 12. The International President, subjectto the general direction of the International Execu-tive Board, shall travel wherever required in thecarrying out of the duties and responsibilities ofthe office.

Section 13.Notwithstanding any other provisionof this Constitution, the International President shallhave the authority to order the immediate suspen-

sion, pending full investigation, of officers and staffemployees of any subordinate body who, in theopinion of the International President, are engagedin conduct imminently dangerous to the welfare ofthe International Union or a subordinate body. Suchaction shall not affect the membership rights of anofficer or staff employee so suspended. In all suchcases, the International President shall immediatelynotify the members of the International ExecutiveBoard of such action, which shall be automati-cally reviewed and approved or disapproved by theInternational Executive Board, whether or not it isformally appealed to the Board. In any such situa-tion, the order of the International President shall bein effect for no more than thirty days, and may notbe renewed unless formal charges have been filedagainst the officer or staff employees so suspendedwithin the thirty-day period.

Section 14. If a vacancy occurs in the office ofInternational Secretary-Treasurer, the InternationalPresident shall designate a member of the Fed-eration to act as International Secretary-Treasureruntil such time as the vacancy in office is filled as

provided in this Constitution.

Section 15. The International President shall

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perform such other duties as may be required bythis Constitution.

Section 16. The International Executive Boardshall elect, in the same manner provided for the fillingof a vacancy in the office of International Secretary-Treasurer, a temporary replacement for the Interna-tional President should the President become tem-porarily incapacitated, except that, for the purposeof this election, the functions normally performedunder Article VIII, Section 12, by the International

President, shall be performed by the International Sec-retary-Treasurer. Such temporary replacement shallbe selected if (1) the International President notifiesthe International Executive Board that, for reasons ofhealth, the President is unable to perform the dutiesof that office or (2) the International Executive Boardso finds, by a two-thirds vote of those voting after afull hearing. If the International Secretary-Treasurer

is elected as temporary replacement for the Inter-national President, a temporary replacement for theInternational Secretary-Treasurer shall be elected inthe same manner provided for the filling of a vacancy.Upon notification by the International President thatthe International President is able to perform theduties of that office or upon request by any memberof the International Executive Board, a hearing shall

be held by the International Executive Board to deter-mine whether the International President is capableof resuming the duties of that office. Should the Inter-national Executive Board, by a majority vote, findthe International President capable of performing theduties of that office, the International President shallimmediately resume such duties. If the InternationalSecretary-Treasurer temporarily replaced the Interna-

tional President, the International Secretary-Treasurershall immediately resume the duties of the office ofInternational Secretary-Treasurer.


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ARTICLE VI

The International Secretary-Treasurer

Section 1. The International Secretary-Treasur-er shall be the chief financial and recording officerof the Federation. The International Secretary-Treasurer shall receive and receipt for all moniesof the Federation. The International Secretary-Treasurer shall maintain properly and have custodyover all documents of the Federation and all other

documents and papers pertaining to the Secretary-Treasurers office and conduct correspondencenecessary in the administration thereof. The Inter-national Secretary-Treasurer shall, in the nameof the American Federation of State, County andMunicipal Employees, deposit in open accountin a bank or banks in which deposits are guaran-teed by the Federal Deposit Insurance Corporation

all funds of the Federation not in certificates ofdeposit or invested in interest-bearing securities,and money so deposited shall be withdrawn onlyby check. The International Secretary-Treasurershall be responsible for supervising and directingthe activities of the Secretary-Treasurers officein accordance with the provisions of this Consti-tution and under the policies established by the

International Executive Board. The InternationalSecretary-Treasurer shall, in conjunction with theInternational President, prepare an annual budgetand arrange for the employment of such personnelas may be required to carry out the functions ofthe Secretary-Treasurers office. The InternationalSecretary-Treasurer shall prepare checks for thepayment of all liabilities of the Federation which

have been approved in writing by the InternationalPresident and which are for purposes authorized

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or required by this Constitution or authorizedby the convention or the International ExecutiveBoard, and none other. The International Secretary-

Treasurer shall countersign all checks so prepared.The International Secretary-Treasurer may, withthe approval of the International Executive Board,designate a deputy or deputies to sign instead. TheInternational Secretary-Treasurer and any autho-rized deputy or deputies shall be covered by suretybonds in amounts to be determined by the Interna-tional Executive Board and at the expense of the

Federation. The minimum bond shall be not lessthan 10 percent of the assets handled by the Federa-tion annually, except that no bond shall be requiredin an amount greater than $500,000.

Section 2. The International Secretary-Trea-surer shall be elected at the 1972 regular biennialconvention and at every second regular biennial

convention thereafter. The International Secretary-Treasurer shall receive a minimum annual salary of$32,500 and shall receive expenses in accordancewith policies established by the International Exec-utive Board. Effective the date the InternationalSecretary-Treasurer elected at the AFSCME 40thInternational Convention assumes office, the salaryof the International Secretary-Treasurer shall be

$250,750. The salary shall be adjusted annually inaccordance with the average percentage increasein pay of AFSCME members as determined by theSecretary-Treasurer for the purpose of Section 7 ofArticle 9 of the Constitution.

Section 3. The International Secretary-Treasur-er shall serve as Secretary at all conventions, and

in such capacity shall:A. Issue a convention call, in the name of theInternational Executive Board, not less than seven-


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ty-five days prior to the opening of any convention.Such call shall state the time, date and place of theConvention and, in the case of a special convention,

the purpose or purposes. The Secretary-Treasurershall send a copy of the call to all subordinate bod-ies, together with the appropriate number of blankcredential forms. The Secretary-Treasurer shallread the call to the delegates at the opening sessionof the Convention.

B. Receive in advance of the Convention allcredentials. Such credentials shall be stamped as

to the date of receipt, attached to the envelope inwhich they were received, and submitted to theCredentials Committee.

C. Make available to the Credentials Committeea report on the month-by-month per capita tax pay-ments of each local union for the twelve consecutivemonths ending with the fourth full month precedingthe opening of a regular or special convention.

D. Receive in advance of the Convention all pro-posed resolutions, including proposals to amend theConstitution. The Secretary-Treasurer shall makecopies of all such resolutions available to the del-egates and shall properly identify those who sub-mitted the resolutions; except that no resolutionreceived after the twentieth day prior to the openingof the Convention, unless postmarked on or beforethe twentieth day prior to the opening of the Conven-tion, shall be considered introduced unless consentis given by a two-thirds vote of the Convention orunless it is introduced by the International Presidentor the International Executive Board. The Interna-tional Secretary-Treasurer shall distribute to all mem-bers of the International Executive Board copies of

any proposals to amend the Constitution as quicklyas possible after receiving any such proposals.E. Maintain an accurate record of the Convention

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proceedings and distribute copies of such record toall convention delegates and to all subordinate bod-ies as soon as practicable after the Convention.

Section 4. The International Secretary-Treasurershall, at each convention, present a written reportto the delegates concerning the Secretary-Treasur-ers activities during the period since the precedingconvention, which report shall include a financialreport for any fiscal year or years which have endedduring such period. The fiscal year shall begin on

January 1st and end on the last day of December. Section 5. The International Secretary-Treasurershall serve as Secretary of the International Execu-tive Board, and shall keep accurately the minutes ofeach meeting of the International Executive Board.Copies of the minutes shall be submitted to eachmember of the International Executive Board assoon as practicable after each meeting. The min-utes, in summary form, shall be sent to each localunion, unless, in the opinion of the InternationalSecretary-Treasurer, the proceedings of the meetinghave been adequately reported in the official publi-cation of the Federation.

Section 6. The International Secretary-Treasurershall serve as Secretary of the Executive Commit-

tee and of the Finance Committee, and shall submitcopies of the minutes of all meetings of both com-mittees to each member of the International Execu-tive Board within one week of adjournment of suchmeetings.

Section 7. The International Secretary-Treasur-er shall receive from the International President

a copy of the proposed annual budget at least oneweek in advance of its submission to the Interna-tional Executive Board. The International Secre-


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tary-Treasurer shall submit to the InternationalExecutive Board, in writing, any criticisms, objec-tions or comments on the budget deemed necessary

or proper at the time it is submitted to the Interna-tional Executive Board. The International Secre-tary-Treasurer shall promptly report to the Interna-tional Executive Board any major deviation fromthe approved budget.

Section 8. The International Secretary-Treasurershall prepare (1) a monthly financial report, which

shall be submitted to each member of the Interna-tional Executive Board, and (2) a quarterly financialreport, which shall be submitted to each memberof the International Executive Board and to eachsubordinate body.

Section 9. The International Secretary-Treasurershall make available for inspection at InternationalHeadquarters at all reasonable times, to any Inter-national officer or to the duly authorized repre-sentative of the International President or of anysubordinate body, all books and records, includingminutes of any meeting of the International Execu-tive Board, which are in the Secretary-Treasurerscustody. All financial records of the InternationalUnion shall be retained, in their original form,for a minimum of six years from the date of suchrecords.

Section 10. All accounts of the Federation shallbe audited immediately following the close of eachfiscal year, or, at the direction of the InternationalPresident, the International Secretary-Treasurer,or the International Executive Board, at morefrequent intervals, by a Certified Public Accoun-

tant, who shall be appointed by the International

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2,000 or more members shall be required to submita copy of its budget to the International Secretary-Treasurer within ten days after its adoption and to

promptly notify the International Secretary-Trea-surer of any major modifications in, or deviationsfrom, the budget as originally submitted. Eachcouncil and each local union with 2,000 or moremembers shall be required to prepare quarterlyfinancial statements which shall include a balancesheet and an operating statement, a copy of whichshall be submitted to the International Secretary-

Treasurer. The International Secretary-Treasurer isauthorized, with the approval of the InternationalExecutive Board, to prescribe minimum standardsfor the form and content of such quarterly financialstatements, and each council and each local unionwith 2,000 or more members shall be obligated tomeet such standards.

The provisions of Article IX, Section 31 of thisConstitution establish the parameters of AFSCMEsAffiliate Audit and Review Program. The documen-tation required above shall not be eliminated orreplaced by documentation submitted in conjunc-tion with the annual Affiliate Audit and Reviewvisit.

Section 13. The International Secretary-Trea-

surer shall have the power, either in person orby designee, to examine and audit the booksand accounts of subordinate bodies, including anybooks and accounts concerning health and welfare,pension, insurance or other benefit programs cov-ering members of such subordinate bodies at anytime. Immediately upon the initiation of any suchexamination and audit, the International Secretary-

Treasurer shall notify the International Presidentthat such action has been taken. The results of any

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such examination and audit, and any written report,shall be transmitted to the International Presidentas promptly as possible.

Section 14. The International Secretary-Treasur-er shall be responsible for maintaining current fileson all claims which have been filed with regard toany officer or employee of the Federation or anysubordinate body under the Unions surety bondcoverage. Whenever the International Secretary-Treasurer receives notice that surety bond claim

has been paid with regard to any individual for actsor omissions committed while such person was anofficer or employee of the Federation or any subordi-nate body, the International Secretary-Treasurer shallimmediately refer the matter to the Judicial Panelfor proceedings to be held in accordance with theprovisions of Articles X and XI of this Constitution.In any such proceeding, the International Secretary-

Treasurer shall make available to the Judicial Panel allrelevant documents and information in the possessionof the International Union.

Section 15. If a vacancy occurs in the office ofInternational President, the International Secretary-Treasurer shall assume the duties and responsibili-ties of the International President until such timeas the vacancy in office is filled as provided in thisConstitution.

Section 16. The International Secretary-Trea-surer shall perform such other duties as maybe requested by the International President orrequired by the International Executive Board or bythis Constitution.


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ARTICLE VII

The International Vice Presidents

Section 1. International Vice Presidents shallbe elected from each Legislative District, as estab-lished in Article IV, Section 27, of this Constitution,by the convention delegates from such LegislativeDistricts, at the 1972 regular biennial conventionand at every second regular biennial conventionthereafter.

Section 2. It shall be the duty of each InternationalVice President:

A. To attend and participate in all conventions ofthe Federation held during such Vice Presidents termof office.

B. To attend and participate in all meetings of theInternational Executive Board.

Section 3. Each International Vice Presidentshall have the authority:

A. To serve on any committees of the Interna-tional Executive Board to which such Vice Presi-dent may be elected or appointed.

B. To perform such other duties as may berequested by the International President or theInternational Executive Board.

Section 4. No International Vice President shallbecome a salaried employee of the Federationwithout first resigning as an International VicePresident. No salaried employee of the Federationshall be an International Vice President.

Section 5. If vacancies exist in the office ofInternational President and the office of Interna-

tional Secretary-Treasurer simultaneously, the mostsenior International Vice President alphabetically

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shall temporarily assume the duties and respon-sibilities of the International President until suchtime as the vacancy in office is filled as provided in

this Constitution and shall issue a call for a specialconvention to fill the vacancy in that office as pro-vided in this Constitution.

ARTICLE VIII

The International Executive Board

Section 1. The International Executive Boardshall be the highest legislative and policy-makingbody of this Federation except when the Conven-tion is in session. The International ExecutiveBoard shall possess all the legislative and policy-making authority of the Convention except thepower to amend the Constitution and the power to

act as the final authority on administrative appeals.The International Executive Board shall have theauthority to make

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