CONSTITUTION
ARTICLE I
ORGANIZATION NAME AND OBJECT
Section 1 - Name of Organization:
This Union shall be known as the Houston Police Officers’ Union (HPOU).
Section 2 - Duration of Union:
The duration of this Union shall be perpetual.
Section 3 - Object of Union:
Strength through united action, guided by intelligence, shall be the hallmark of this union. Believing
such unity is essential for the mutual protection and advancement of the interests and general welfare of the law
enforcement officers of the Houston Police Officers’ Union the objects of which shall be:
To organize all law enforcement officers in the Houston Police Department who qualify for membership
in this Union under the guidelines set forth in this Union’s Constitution; to secure just compensation for their
services and equitable settlement of their grievances; to promote the establishment of just and reasonable
working conditions; to place the members of this Union on a higher plane of skill and efficiency; to promote
harmonious relations between Houston Police Department law enforcement officers and their employers; to
encourage the formation of sick and death benefit funds; to encourage the establishment of schools of instruction
for imparting knowledge of modern and improved methods of law enforcement, crime prevention and labor
relations; and to cultivate friendship and fellowship among its members.
To provide laws for the government of this Union, we adopt this Constitution which shall govern the
officers, subordinate bodies, and members of this Union, in the exercise of their rights and discharge of their
duties and obligations in accordance with the high standards of responsibility and conduct herein set forth.
This Union shall strive to keep the integrity of police employee protection statutes intact, to stop any
person or entity that would cause those statutes to weaken or be dissolved to the detriment of any and all
Houston Police Department officers or this Union.
It is the intent of this Union to remain free from any outside control or domination. Any affiliation or
disaffiliation approved by the board of directors shall lie over at least one (1) month, after which it shall require a
majority vote of the membership at a regularly scheduled membership meeting.
It is the obligation of this Union that the concerns of the officers of the Houston Police Department are of
the utmost priority. It is the policy of the Houston Police Officers’ Union that all persons, regardless of their race,
sex, age, creed, or national origin, be represented fairly and equally within this Union.
Section 4 - Powers of Union Vested in Others:
The powers of this Union shall be vested in its membership. That power may be exercised by a Board
of Directors as defined in Article II of this Constitution.
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ARTICLE II
OFFICES, DUTIES, AND POWERS
Section 1 - Elected Officers:
The elected officers of this Union shall be a president, first vice president, second vice president, third
vice president, secretary, and twenty directors. Each of the above shall hold office for a term as prescribed in this
Constitution. The president, first vice president, second vice president, third vice president, and the secretary
shall constitute the executive board of this Union, and may not be of any rank higher than that of senior police
officer, except the third vice president, who shall be a sergeant. The executive board and the twenty directors
shall constitute the board of directors.
Section 2 - Appointed Officers:
The appointed officers of this Union shall be the Treasurer, Assistant Secretary, Parliamentarian,
Sergeant-at-Arms, and Immediate Past President and may be of any rank no higher than that of lieutenant.
These positions are appointed by the president with the approval of the board of directors.
Section 3 - Powers of Elected Officers:
All of the elected officers named and described in this Article shall constitute the board of directors of
this Union. The board of directors shall be the governing body and shall have legal custody, control, and
management of all funds, property, and effects of this Union, except for those powers of control and management
vested in the membership as defined in Article V of this Constitution.
Section 4 - Powers of Appointed Officers:
The appointed officers of this Union shall have no voting power on the board of directors and shall act
only in the capacity as prescribed in the duties of that office.
Section 5 - Powers of Members:
The powers of this Union shall be vested in its membership, subject to those specific powers and
authorities granted to the board of directors by the membership as defined by this Constitution.
Section 6 - Terms of Officers:
The president, first vice president, second vice president, third vice president, and secretary shall be
elected at-large by a vote of the membership. Election for the office of president, third vice president, and
secretary shall be held in odd numbered years. Elections for the office of first vice president and second vice
president shall be held in even numbered years. The president, first vice president, second vice president, third
vice president, and the secretary shall hold office and perform those duties of their respective office until a
successor has been duly elected and qualified for that office or until such time as either may resign their
respective office or is otherwise removed as provided for by this Constitution.
The remainder of the directors shall consist of twenty (20) members who have been duly elected and
shall hold office for a term of two years each. Each director shall be elected to a particular position of which there
shall be twenty (20) positions. Each should be identified consecutively one (1) through twenty (20). Each
director shall hold office and perform the duties of director until a successor has been duly elected and qualified
or until such time that the director resigns or is otherwise removed as provided for by this Constitution.
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Director positions one (1) through thirteen (13) shall be held exclusively by members holding the rank of
police officer. Each of these positions shall be for a two year term, with odd numbered positions being
elected in odd numbered years, and even numbered positions being elected in even numbered years.
Director positions fourteen (14) and fifteen (15) shall be held exclusively by members holding the rank
of police officer or sergeant of police. Each of these positions shall be for a two (2) year term, with the
odd numbered position being elected in odd numbered years, and the even numbered position being
elected in even numbered years.
Director positions sixteen (16) through eighteen (18) shall be held exclusively by members holding the
rank of sergeant of police. Director Position 19 shall be held by members holding the rank of police
officer or sergeant of police. Each of these positions shall be for a two (2) year term, with the odd
numbered position being elected in odd numbered years, and the even numbered positions being
elected in even numbered years.
Director position twenty (20) shall be held exclusively by a member holding the rank of police officer
assigned to patrol with 10 years department seniority or less at the time of the election.
Each of these 20 positions shall be for a two (2) year term, with the odd numbered positions being
elected in odd numbered years, and the even numbered positions being elected in even numbered years.
At such time as a sitting board member promotes to a rank incompatible with the guidelines established
herein, that board member may retain the position if there remains less than 365 days for that office on the day of
the promotion. If there is more than 365 days left, or a sergeant is promoted to lieutenant, the vacancy will be
filled according to guidelines in Article V, Section 6 of this Constitution. In the event the president, first vice
president, second vice president, third vice president, or secretary is promoted, that person shall be deemed to
have resigned from that position.
There shall be no limit placed upon the number of terms of office, consecutive or non-consecutive,
which may be served by any elected or appointed officer of this Union. Members may not hold more than one
elected or appointed office or a combination thereof.
The treasurer, assistant secretary, parliamentarian, and sergeant-at-arms shall be appointed by the
president and approved by the board of directors and after affirming the Oath of Office shall hold office until
properly dismissed.
Section 7 - Qualifications of Officers:
No member shall be a candidate for office who is not in good standing. No Union officer may continue
in office or do or perform the duties of or exercise the powers of any office that is not in good standing.
Good standing in this section is deemed to mean that current dues and assessments have been paid,
and that the member has not been found guilty of violating any provision of this Constitution.
No elected officer of this Union may be an elected or appointed officer of any other local labor
organization that represents officers of the Houston Police department in local labor matters in any form. State,
National, or International organizations shall not be considered local organizations. This does not prohibit
committee appointments or other positions delegated by the president.
Section 8 - Compensation of Officers:
Each of the officers, members of the board of directors, and members of committees and subcommittees shall serve without compensation; provided however, that the board of directors, by majority vote,
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may provide for the reasonable compensation for the services rendered by the Treasurer of this Union. Monthly
compensation or reimbursement for any expenses shall be governed and approved by the board of directors at
the regular board meeting of each month via a treasury report.
Section 9 – Duties and Powers of Officers:
A.
PRESIDENT - The president shall call and preside at all meetings, appoint committees, sign
as president, perform such duties as may be consistent with that office, and shall have, subject
to the control of the board of directors, the general management and direction of the affairs of
this Union. For purposes the president may deem necessary, the president shall have an
emergency cash fund in the sum of $500 to be replenished upon sufficient proof, in printed
form, to the board of directors that the funds were spent in the best interest and welfare of this
Union.
B.
FIRST VICE PRESIDENT/SECOND VICE PRESIDENT/THIRD VICE PRESIDENT - The first
vice president shall preside in the absence of the president and perform such other duties as
directed by the president and the board of directors. The second vice president shall preside
in the absence of the president and the first vice president and perform such other duties as
directed by the president and the board of directors. The third vice president shall preside in
the absence of the president, first vice president, and second vice president and perform such
other duties as directed by the president and the board of directors.
C.
SECRETARY - The Secretary or designee shall keep minutes of all meetings of the
membership and meetings of the board of directors. The secretary shall keep attendance and
voting records at all meetings of the board of directors. The secretary shall post the minutes
of the monthly membership meeting on the HPOU website within 15 days of the meeting.
The secretary or designee shall serve issue and publish all notices required to be given, write
all ballots under the direction of the board of directors, forward written ballots to the election
committee chairman, receive all applications for membership, prepare all certificates or
records required to be prepared and keep a complete record thereof. The secretary shall
perform any other duties as may be prescribed by the president or board of directors.
In case of absence, inability, refusal or neglect to do or to perform any of the duties of this
office, such duties may be performed by the assistant secretary as directed by the president or
board of directors.
D.
DIRECTORS - It shall be the duties of the board of directors to conduct, manage, govern,
execute and administer all of the affairs of this Union; to control and supervise the handling of
all of its funds and property; to cause to be kept a complete and detailed account and record of
all meetings and acts; and to pass upon all matters pertaining to the affairs of this Union.
Provided, however, that the board of directors shall be guided according to the passage or
non-passage of any matter voted on by the membership as set forth in Article IV, Section 3 of
this Constitution. A minimum of twelve (12) board members shall constitute a quorum.
E.
TREASURER - The treasurer shall be appointed from the membership by the president and
approved by the board of directors and shall, after affirming the Oath of Office, hold office until
properly dismissed.
The Treasurer or designee in his/her absence, shall have charge and custody of, and be
responsible for, all funds and securities of the Union; receive and give receipts for monies due
and payable to the Union from any source whatsoever, and deposit all such monies in the
name of the Union in such banks, trust companies, or other depositories as shall be
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determined by the board of directors. The treasurer shall immediately notify each member of
the board of directors, in email form, of any problems with the bank or other financial
institutions used by this Union. The treasurer shall, in email form, make any requests for
changes in how the financial records of this Union are kept or how or where the financial
records of this Union are located or stored to the board of directors.
The treasurer shall provide to each member of the board at a regularly scheduled monthly
board meeting a complete financial report of all HPOU funds and securities, for the preceding
month. The same financial report shall be made available at the beginning of each monthly
general membership meeting of this Union.
All checks, drafts, notes, deposits and any other financial documents of the Union shall be
signed by the treasurer or the treasurer's designee and countersigned by the president,
provided that in the event of the inability of the president to sign, any officer designated by the
board of directors may sign in place of the president. The treasurer is authorized to maintain a
petty cash fund of up to $500.00 to be replenished upon sufficient proof to the board of
directors that the funds were spent in the best interest of this Union. A separate $500.00 is
maintained by the treasurer’s designee in legal for legal expenses.
The treasurer shall submit all financial records and any and all other records of this Union
deemed necessary, to a certified public accountant, annually, for a complete audit of the
financial business of this Union. The audit is to be completed and include all transactions up
to and including December 31, of the previous year. A copy of the audit report shall be
submitted to all board members of this Union. A copy of any audit reports or any financial
documents shall be made available to any member of this Union upon request. The audit
report shall be available no later than December 1st of the next year. The certified public
accountant shall be appointed by the president and approved by the board of directors. The
fees for and any expense connected with securing of such audit shall be paid for out of the
funds of this Union. A different end of year auditor shall be used every three years.
F.
ASSISTANT SECRETARY - The assistant secretary shall be appointed from the membership
by the president and approved by the board of directors and shall, after affirming the Oath of
Office, hold office until properly dismissed.
The assistant secretary shall perform those duties as prescribed in Section 9, Subsection D, of
this Article at the direction of the secretary or during the secretary’s absence, and perform
other such duties as directed by the president or board of directors.
G.
PARLIAMENTARIAN - The parliamentarian shall be appointed from the membership by the
president and approved by the board of directors and shall, after affirming the Oath of Office,
hold office until properly dismissed.
The parliamentarian shall rule on all points of order at the meetings of the board of directors
and general membership meetings where order is or may be in conflict with Webster’s New
World Robert’s Rules of Order Simplified and Applied, unless otherwise specified in the
Constitution of this Union.
H.
SERGEANT-AT-ARMS - The sergeant-at-arms shall be appointed from the membership by
the president and approved by the board of directors and shall, after affirming the Oath of
Office, hold office until properly dismissed.
The sergeant-at-arms shall see that the conduct of all persons in attendance at the general
membership meetings shall be peaceful and expel or eject any and all persons not authorized
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to be in attendance if directed by the president. The sergeant-at-arms shall assume a position
inside the entrance of the general membership meetings and allow no one to pass who is not
a member of this Union or who does not have permission.
I.
IMMEDIATE PAST PRESIDENT – The President may, with approval of the Board, appoint the
outgoing President to a maximum of six (6) month term as Past President. The Past President
will perform duties as directed by the President. This position will have no voting authority.
Section 10 –Executive Board Vacancies:
If at any time the president, first vice president, second vice president, third vice president, or the
secretary shall refuse, retire, resign, or shall be unable or disqualified to act, the board of directors shall appoint
some other member of the board who holds the rank no higher than senior police officer, or sergeant for third vice
president position, and in whom shall be vested for the remaining term all of the duties, powers and functions of
such office as provided by and subject to this Constitution.
Section 11 - Employees of the HPOU:
The board of directors may hire one or more employees whose positions and salaries shall be set by
the board and who, acting under the direction of the board, shall keep all of the records of and perform all
services deemed necessary by the board of directors.
Section 12 - Oath of Office:
The president will administer the oath of office to all incoming, reelected, appointed or reappointed
members of the board of directors. Any incumbent member of the board of directors, magistrate, government
official, religious leader or any other respected member of the community of the president’s choosing may
administer the oath of office to the incoming or reelected president.
The oath of office shall read as follows:
I, (name in full), elected by the Houston Police Officers’ Union as (name of office), do solemnly swear,
that I will support the Constitutions of the Houston Police Officers’ Union, the State of Texas, and of the United
States of America. I do solemnly and faithfully promise to be loyal to the Houston Police Officers’ Union. All this I
faithfully promise and call upon these assembled to witness, so help me God.
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ARTICLE III
COMMITTEES
The president, with approval of the board of directors, shall create all committees and appoint the Chairs of said
committees. The Union’s Committees may include, but are not limited to, the following:
Section 1 - Ways and Means Committee:
The president may form a Ways and Means Committee for tasks directed by the president and
approved by the board of directors. Requests for use of WAM funds approved by the committee and the Board
shall be submitted to the Treasurer for processing.
Section 2 - Finance Committee:
The president, on or before January 15 of each year, shall appoint a finance committee, with the
majority approval of the board of directors, consisting of three (3) members of the general membership and three
(3) members of the board of directors, one of which shall serve as chairperson. The duties of this committee
shall be to scrutinize the various financial records of this Union monthly and report any concerns to the board of
directors as soon as practical.
Section 3 - Election Committee:
The president shall, at the first regular board meeting of each year, appoint, with the majority approval
of the board of directors, a chairperson of the election committee who will serve until the first regular board
meeting of the following year. The chairperson shall appoint members to serve on the election committee at their
discretion. The members of the election committee shall serve a term of office not to exceed that of the
chairperson. The chairperson and the members of the election committee may not be candidates for any office
of the Union nor serve as officers of the Union while serving on the election committee. The chairperson or any
member of this committee may be removed by the president and a majority of board members.
The duties of the election committee shall be to: supervise and coordinate the holding of all elections for
office and elections for amendment to the Constitution of this Union and to report the final tally of votes to the
board of directors at the close of the elections.
Section 4 - Special Committees:
Special committees will be appointed by the president, with the majority approval of the board of
directors. Special committees shall consist of such a number of members as shall be decided by the president
and the board of directors. The duties of any special committee shall be determined by a majority of the board of
directors and shall be specifically written and recorded by the secretary.
Section 5 - Lieutenants’ Committee:
The president shall, at the first regular board meeting of each year, appoint, with the majority approval
of the board of directors, a member holding the rank of lieutenant as chairperson of the lieutenants’ committee
who shall serve at the discretion of the president. The president may, with approval of the board, appoint
additional lieutenants to serve on the committee.
The chairperson of the lieutenants’ committee may represent this committee at all board meetings and
at regular general membership meetings.
Section 6 – Captains’ Committee:
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The president shall, at the first regular board meeting of each year appoint, with the majority approval of
the board of directors, a member holding the rank of captain as chairperson of the captains’ committee who shall
serve at the discretion of the president. The president may, with approval of the board, appoint additional
captains to serve on the committee.
The chairperson of the captains’ committee may represent this committee at all board meetings and at
the general membership meetings.
Section 7 - Disability of Committee Members:
If, for any reason, any member of any committee is unable to act; the president may appoint any other
qualified member of this Union to act in the place of such disabled member until such disability is removed.
Section 8 - Term of Committee:
Each committee as herein provided shall serve until its duties have been fulfilled and completed;
provided it has been discharged by the president or board of directors or unless a different term is specified
elsewhere in this Article.
Section 9 - Caucus Committees:
Nothing herein shall prevent the association of a group of members to form a caucus for the purpose of
strengthening the objectives and purposes of this Union.
One hundred members in good standing shall petition the President to be recognized as a caucus of
this Union regarding particular matters unique to the constituency of the caucus. The President shall then
recognize the caucus for those matters affecting the unique interests of the caucus.
The caucus shall develop operating procedures not in conflict with the Constitution and By-laws of the
Union. Such procedure shall be presented at the first Board (of Directors) meeting following the recognition of
the caucus.
Such caucus shall be recognized and operate until such time as the caucus dissolves itself or is found
to be in violation of the Constitution of the Union.
Section 10 - State/National Affiliation Committee:
The President shall appoint a Chairman of the State/National Affiliation Committee at the first meeting of
each year. The Chairman may attend any State or National meetings as approved by the President and Board of
Directors.
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ARTICLE IV
MEMBERSHIP
Section 1 - Qualification for Membership:
Membership in this Union will be limited to those persons who are full time peace officers employed by
the City of Houston. Officers in Phase Down Option A and B may also be members. Further, any “associate
member” who is employed by the City of Houston and who is a member of this Union as of January 1, 2011, may
retain their membership at the discretion of the board of directors. These persons will have no voting rights.
Further, any police group purchasing coverage through the Texas Police Trust will be considered associate
members with no voting rights.
Section 2 - Application for Membership:
Application for membership in this Union shall contain the name, age, sex, residence address, division,
rank, grade, office or position in the police department and the date of their appointment thereto, all such
applications must be in writing upon the form approved, prescribed, and furnished by the board of directors.
Any applications for membership will be subject to the approval of the general membership of this Union
by majority vote at the general membership meeting following the date of application.
Section 3 - Dues, Fees, and Assessments:
Dues for all members of this Union shall be one percent (1%) of the base pay rates for an eight-year
police officer. The dues shall be deducted by the City of Houston, Texas on a monthly basis for each member,
with such deducted dues then remitted to this Union by the City of Houston, Texas or Controller. The
computation of dues shall be made upon the eighth year police officer’s base pay rates established for the
Houston Police Department, Houston, Texas and in effect on the date dues for each month are withheld by the
City of Houston, Texas. Members authorize the Union to adjust the dues amount when base pay rates are
increased.
Assessments, in addition to dues, may be levied by the board of directors should the state of the
treasury require.
A special assessment shall be levied against all members each time a member is killed in the line of
duty. Such assessment shall be equal in amount to the regular monthly dues of this Union. In the event of more
than one member killed by the same event, the board will determine the number of assessments and the division
of money to the beneficiaries.
All monies collected as a result of this special assessment shall be delivered to the beneficiary, or
beneficiaries, of the slain member, by a member of the board of directors, as soon as is practicable.
All questions arising as to what constitutes “line of duty” or who is/are “beneficiary or beneficiaries” shall
be settled by a majority vote of the board of directors. This decision is final.
Section 4 - Suspension for Non-Payment of Dues and Assessments:
Except as otherwise provided in this Constitution, any member of this Union who has failed to pay dues
and/or assessments as required in this Constitution, shall stand automatically suspended from membership,
effective the seventeenth (17) day of the calendar month immediately following the calendar month for which
dues have been paid, provided, however, that any member who shall stand suspended for non-payment of dues
and/or assessments may file an application on such form as may be prescribed by this Union for reinstatement.
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Reinstatement to membership in good standing as herein provided shall be subject to payment of all back dues
and/or assessments and the approval of the board of directors.
Section 5 - Retirement Gift, Membership to Continue upon Retirement:
Any member of this Union, in good and regular standing, and who retires from service on pension shall
be recognized for their service with an appropriate gift approved by the board of directors. Such gift shall not
exceed $200.00 in value, unless approved by a majority of members at a general membership meeting.
Any member in good standing who retires on pension from active service from the Houston Police
Department may continue their membership in this Union, subject to the vote and confirmation of continued
membership in this Union by the board of directors. This membership shall not be required to pay dues. Such
member shall not have the right of voting on affairs of this Union and shall not be entitled to hold office or
committee position. Such member shall not be provided legal services by this Union.
Section 6 - Termination, Suspension, or Assessment of Membership:
A.
TERMINATION - Termination is defined as the permanent loss of rights of membership in this
Union, including such benefits and privileges pertaining thereto.
B.
GROUNDS FOR TERMINATION - Except as provided elsewhere in this Constitution,
membership in this Union will terminate for the following reasons, except that members may be suspended or
subject to assessment under paragraph (9) below in lieu of termination:
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(1)
abandonment;
(2)
withdrawal;
(3)
non-payment of dues;
(4)
surrender of membership;
(5)
non-payment of assessments;
(6)
death of a member;
(7)
resignation from the Houston Police Department;
(8)
removal from position in the Houston Police Department;
(9)
a member being found guilty of action against the welfare of the Union in the following
manner:
a:
Engaging in any activities or course of conduct contrary to or detrimental to the
welfare or best interest of the Houston Police Officers’ Union or its members;
b:
Slandering or libeling any Union officer or member of this Union or willfully or
negligently circulating false statements for the deliberate or careless purpose of
causing internal dissention or disruption of the Union or causing injury to the Union
or any member;
c:
Making known the business of the Houston Police Officers’ Union for purposes
designed to harm this Union or its membership to persons, including non-member
police officers, who are not entitled to that information;
d:
Joining or lending active support to any organization or movement whose overall or
specific purpose is contrary to the fundamental principles or best interest of the
Houston Police Officers’ Union or its members;
e:
Any act that by its very nature the member knows or should have known would result
in any injury to any member or the Union;
f:
Violating any provisions of the Constitution of the Houston Police Officers’ Union or
failure to perform duties as specified herein;
g:
Failure to pay dues or other financial obligation to the Houston Police Officers’
Union; and
h.
Use of a member’s police rank to retaliate against a member who expresses their
Union or political view in a membership or board meeting or on any HPOU property
or any HPOU function.
C.
SUSPENSION - Suspension from this Union is defined as the temporary loss of rights of
membership, for a specified length of time. While on suspension from the Union, members shall continue to pay
dues or shall be subject to termination under the provisions set forth in Article IV, Section 4 of this Constitution.
Suspended members shall retain all benefits of their respective memberships which are not paid for by Union
dues. Suspended members may not vote or hold office during the time of the suspension.
D.
MEMBER COMPLAINTS -Any member in good standing may file a written complaint with the
president of the Union accusing another member of action against the welfare of the Union or a violation of this
constitution. If the complaint is against the president, then the first vice president will receive the complaint. The
complaint must be in affidavit form and must be filed within ninety (90) days of becoming aware of the alleged
action. Upon receiving the complaint, the president will ensure the appointment of a committee to investigate the
complaint. This committee shall consist of five (5) members. The board, by a majority vote, will appoint 2
members and the accused member will appoint 2 members from the membership. These four (4) members will
then select a mutually agreed upon fifth member from the membership.
The committee will investigate and report their findings, to the board along with their recommendations. Any
punishments will then be levied by the board of directors and approved by a majority of the membership
attending the next general membership meeting.
Section 7 - Military Leave:
Members of this Union in good standing entering the military during a national emergency or leaving the
police department on account of compulsory service in any capacity in connection with the national defense in
the time of war or other national emergency, shall be carried as a non-dues paying member until his return to the
department in accordance with the Charter of the City of Houston. In the event any of these members are killed
in the line of duty while serving on military leave, these members will be afforded the same benefits as described
in Article IV, Section 3.
Section 8 - Voluntary Leave:
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Whenever and as long as an active member of the Union in good standing is on official leave of
absence from the police department for any cause or reason whatsoever, other than specified in Section 7 of this
Article. Such member shall pay his or her dues in advance to the treasurer of this Union.
Section 9 - Suspension From Police Department:
Any member of this Union who has been relieved from duty or suspended from the police department in
accordance with law, shall upon termination of the period of suspension from the police department and return
herein, and continue membership in this Union at the discretion of the board of directors, except in the case of
suspension based on activities for this Union, in which case the member shall retain full membership. If the
member’s suspension is permanent, the membership shall terminate on the day of final adjudication.
Should any member be suspended, indefinitely suspended or removed from position in the Houston
Police Department, due to the member’s activities on behalf of the membership of this Union, such member will
retain any office that may be held by the member and/or membership in this Union, without being required to pay
dues or assessments, with all privileges of such office and/or membership. Unless otherwise determined by
processes provided in this Constitution, such membership and the holding of any position will be continued until
and if final adjudication of all suspensions, indefinite suspensions or removals are finally upheld. Only after such
facts have taken place shall the member’s membership be terminated.
Section 10 - Reinstatement After Termination Under Section 6 of Article III:
Any member’s membership terminated, may, after one year, apply for reinstatement. The application
will be in writing and submitted to the Secretary of the Union. The secretary will submit the application to the
board of directors. The board will either accept or reject the application.
Should the application be rejected, the terminated member or associate member may appeal the
decision to the general membership at a general membership meeting within forty-five (45) days of the rejection
by the board.
A terminated member may apply for reinstatement only once every three-hundred-sixty-five (365) days.
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ARTICLE V
PROCEDURE
Section 1 - Meetings of General Membership:
The regular meeting of the general membership of this Union shall be held on the first Thursday of
every month, except July, at the hour of Eleven o’clock A. M. at 1600 or 1602 State Street, Houston, Texas or
any other time or place which may be appointed or designated by the president. The regular meeting shall be
called to order at the appointed hour and the order of business shall be as follows:
1. Pledge and Invocation
2. Providing of the minutes of the previous meeting
3. Providing of the Treasurer’s report
4. Communications
5. Report of Committees
6. Unfinished business
7. New Business
8. Adjourn
Any member wishing to make a motion, deliver his opinion, or speak on any subject, shall respectfully
address the chair. The member’s comments shall be confined to the question under discussion and avoid
personalities. If two or more members speak at the same time, the President shall decide who shall speak first.
No member shall interrupt another member’s remarks, unless to call to order for words spoken. No
members shall speak more than once on the same subject, until; all members wishing to speak have done so.
A member while speaking, being called to order by another, shall cease speaking until the question of
order is determined.
No motion shall be subject to action until seconded and stated by the chair.
When reading of a paper or other matter is called for, and the same is objected to by any member, it
shall be determined by a vote of the majority as whether it shall be read or not.
No member shall vote on a question which directly affects his personal interest.
Order.
All business transacted by the membership of the Union shall be in accordance with Robert’s Rules of
The membership may exclude from any meeting all persons not members of the Union.
There shall be no alcoholic beverages purchased by Union funds for consumption at any general
membership meeting or board meeting. Further, there shall be no alcoholic beverages consumed at any of the
general membership meetings or board meetings.
Emergency meetings of the membership of this Union shall be called by the president at the president’s
discretion. In the president’s absence, the first vice president, second vice president, third vice president,
secretary or any member of the board of directors may call special meetings for the consideration or disposition
of any matter properly presented by the presiding officer at said meeting, provided, however, that the president or
other authorized officer shall notify the general membership at least seven (7) days prior by posting a notice on
the HPOU website.
Section 2 - Meetings of the Board of Directors:
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A.
REGULAR MEETINGS - The regular meetings of the board of directors shall be held on the
first Thursday of each month prior to General Membership Meeting.
There shall be no alcoholic beverages purchased by Union funds for consumption at any board meeting. Further,
there shall be no alcoholic beverages consumed at any of the board meetings.
B.
EMERGENCY MEETINGS - Emergency meetings of the board of directors of the Union shall
be called by the president at the president’s discretion, or in the absence of the president, a vice president,
secretary or any other member of the board of directors for the consideration or disposition of a particular matter
properly presented by the presiding officer at said meeting, provided, however, that other matters may be
considered and disposed of should all members of the board of directors be present at said emergency meeting.
Section 3 - Majority of Membership to Pass on Question:
Any question, proposal, proposition, affair or transaction, not yet decided by the board, that has been
properly presented and voted upon and passed by a majority of the general membership in attendance at any
regular or emergency meeting of the general membership shall be final authority to decide such question,
proposal, proposition, affair or transaction. Except as otherwise stated in this Constitution or as otherwise
provided by law, any question, proposal or proposition, affair or transaction which has been voted upon and
decided by the board of directors at a regular or emergency board meeting of this Union may be tabled until the
next regularly scheduled membership meeting. At that time, five percent (5%) of the general membership must
be in attendance in order to overturn the vote on said question. If five percent (5%) is present, a simple majority
of members in attendance may overturn the board’s decision.
Section 4 - Majority of Board of Directors to Pass on Questions:
Any question, proposal, proposition, affair or transaction which may be wholly within the power and
jurisdiction of the board of directors to decide, shall be so decided upon a majority vote of the members of the
board of directors present at the meeting which said matter is presented; provided that such majority shall in no
event be less than twelve (12) in number, even though a bare quorum be present; provided further, however, that
any proposal or proposition, affair or transaction that has been properly presented and voted upon and passed by
a majority of the general membership in attendance at a regular meeting of the general membership shall be final
authority to decide such question, proposal or propositions, affair or transactions.
Section 5 - Presiding Officer Not to Vote - Exceptions:
The presiding officer shall not vote on any question before the board, at any meeting, which has been
duly presented to and is before the board for consideration except only when that vote is necessary to overcome
a deadlock or tie vote of the board, or when that vote shall be necessary to constitute the minimum majority of
twelve (12) votes as prescribed in Section 4 of this Article.
Section 6 - Vacancies Filled by Appointment:
In the event that any permanent vacancy should occur in any of the twenty board positions, the same
shall be filled by appointment made by the president with the consent of the majority of the board.
Such appointee shall hold office until the successor has been duly elected, in the next regular election
following the date of such appointment, and qualified thereafter.
Section 7 - Filing as Candidate of Office:
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Any member desiring to run for an office of this Union must file with the secretary or designee between
September first (1st) and 10:00 a.m. on the day of the October General Membership meeting. Upon filing for
office, each candidate must be informed in writing of election rules and procedures and of their right to submit a
biography link next to their name on the ballot.
The secretary or designee shall furnish the member an application for filing as candidate of the office.
The member must fill out the application, sign it, and return same to the secretary. The application shall contain
the name, rank, division, and assignment of the member and the office sought. No member may file for more
than one (1) office.
The secretary or designee shall certify and inform the member if they are so qualified for certification.
At the close of the filing time, the secretary or designee shall advise the board at the October board meeting of all
candidates who have qualified for office.
If a candidate for office withdraws their candidacy after the filing deadline and the nomination deadline
has passed, and this should leave only one candidate eligible for that office, the election of that position will not
be held. Instead, that position will be elected as uncontested.
Any elected official filing with the secretary to run for a position on the board of directors, other than
their currently held position, will forfeit their current board position on the swearing in date following the election.
Section 8 - Reading of Candidates:
All candidates’ names which have been filed with the secretary or designee and so certified, shall be
read to the membership at a regular meeting of the general membership in the month of October.
Section 9 - Voting Procedures:
A.
GENERAL PROVISIONS:
(1)
Unless an alternative method for conducting elections is adopted and ratified
pursuant to subsection B(2), all elections shall be held by the use of an internetbased election service/platform utilizing the world wide web. The election committee
shall recommend an internet-based election vendor to the board of directors at least
ninety (90) days prior to the beginning of the election. The final decision as to the
hiring of the vendor resides with the board of directors;
(2)
The election committee shall ensure that members eligible to vote are provided
information necessary to utilize the internet-based election service/platform, such as
individual user identifications and passwords, which shall be originated and
maintained exclusively with the election vendor. The election committee chairman
shall confirm that a member is in good standing before their identification and
password are provided;
(3)
The election committee shall receive the final voting tabulation from the election
vendor. Voting results will be made available only after the voting time has expired.
The election committee will then certify the election within the time limits for
certification set forth herein;
(4)
The content of the ballot shall include the names, rank, and assignments of the
candidates and the offices they are seeking. In the event any proposition or
amendment to the Constitution of this Union is proposed, the ballot shall contain a
brief description of any such proposal or amendment. A link for biographies of
candidates may be included on the ballot;
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B.
(5)
The election committee will be responsible for: providing complete voting lists;
posting a notice of election on the HPOU website fifteen (15) days prior to the
election; posting sample ballots on the website during the periods of elections; and
placing an article in the August edition of the Badge and Gun advising of the
upcoming election and filing procedures; certifying the correctness of each election
and results of each election to the board of directors.
(6)
The board of directors shall certify the results of the election at the board meeting in
November;
(7)
The receipt of a majority of affirmative votes cast for a candidate or amendment shall
signify that the respective candidate is elected or amendment is passed;
(8)
Only those members in good standing shall be eligible to vote in any election;
(9)
All papers, documents, ballots, and accounts relating to elections shall be retained
and stored by the election committee for a period of two (2) years after said election.
(10)
The duties of the election committee shall be to:
Supervise and coordinate the holding of all elections for office and elections for
amendments to the Constitution of this Union; set time limits for elections; receive
the official written ballot from the secretary of the Union; and certify the results of any
such elections to the board of directors. The election committee shall report to the
board of directors their certification of the results of the election within seventy-two
(72) hours after the close of the election. The board of directors shall receive and
consider any written complaints regarding the election process. And decision of the
board with respect to such complaints shall be final.
EXCEPTIONS:
(1)
If an election shall have no contested positions, and there are no proposed
amendments to the Constitution for the consideration of the membership, no formal
balloting among the general membership shall be held. The board of directors, in
such instance, shall certify the election of those persons who have properly filed for
elected office without a vote of the membership being necessitated;
(2)
The provisions in subsection A relating to the method by which elections are held
may be amended by the board of directors after receiving recommendations from the
election committee. Any amendments must be approved by the board of directors at
least sixty (60) days prior to the start of an election.
Section 10 - Election of Officers:
It shall be necessary that any candidate running for any office or position receive a majority vote by
those members voting to be elected. The election of officers shall be held annually during the month of October,
and officers duly elected and qualified shall take office and assume the functions and duties of their respective
office at the first monthly meeting in the month of January of the succeeding year, provided, however, that if any
officer-elect is disqualified or refuses to take office then and in that event such office shall be filled by
appointment made by the president with the consent of the board of directors. Any runoff election shall be held in
November.
Section 11 - Removal and Recall of Officers:
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Any officer of this Union, whether elected or appointed, may be recalled for any willful neglect of the
performance of that officer’s duties or for any willful act inimical to the welfare of the Union.
Provided, however, that whenever any elected or appointed officer is to be recalled or removed, the
board of directors shall receive a written petition which shall state specific reasons for such recall or removal and
shall contain the signatures of not less than ten percent (10%) of the membership of this Union.
Provided, however, that whenever any elected or appointed officer is to be recalled or removed, that
officer will be served a copy of the petition and notice of the officer’s suspension by the president.
A notice of suspension shall be issued by the board of directors on receipt of a petition for the recall or
removal of an official of this Union. Such notice shall contain the specific charges as stated on the petition and
the date on which a hearing will be held. Such notice shall be issued and posted on the HPOU website not less
than thirty (30) days prior to the date of any hearing. All charges shall be stated in the notice of suspension and
shall be in clear and concise language. The notice shall be signed by the president upon direction of the board of
directors.
If the officer against whom the charges are pending should be the president, such notice of suspension
shall be signed by the vice president, or any other member of the board of directors.
The officer charged shall have the right to a full, fair, open and impartial hearing before the full board of
directors. Any charged officer may waive their right to the hearing and resign under protest. Any such hearing
shall be held no later than sixty (60) days after the board of directors has received any petition for recall or
removal. No specific or additional charges may be discussed other than those specific charges as stated in the
notice of suspension.
The board of directors shall act as a board of hearing for hearing of the charges against any suspended
officer. The hearing shall be open to any members wishing to attend. Testimony may be heard from the
members bringing petition and from the accused officer. Any member or person with information or evidence
shall be called by the board for testimony. Any evidence discovered by or made available to a board member, a
member, or an associate member shall be made available to the board as soon as possible. The accused officer
and accusing member or members shall have the right to cross examine any person offering testimony for or
against the accused officer. No part of the hearing or decision by the board shall be closed to the membership or
any member presenting testimony or evidence at the hearing. After having heard all the arguments for and
against the charged officer, the board of directors shall vote on whether or not to sustain the specific charges or
any part of the charges. If, in the reasoned opinion of at least a majority of the members of the board of directors
the charges are sustained, the board of directors shall submit their findings to the members and shall call a
special election for the recall and removal of the charged officer. Such election shall be held no more than thirty
(30) days from the date that the board renders its decision.
The recall election will be held for only this reason and the ballot shall contain no other items or election.
The ballot shall read:
FOR __________ THE RECALL AND REMOVAL OF _________________
(Name of Accused)
FROM:____________________________________
(Position held)
AGAINST __________ ;
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with a brief statement from the board regarding only the findings of the board.
If at least a majority of the members voting in the recall election shall vote for the recall and removal of
an officer, the board of directors shall thereupon declare such office vacant.
If the presidency is declared vacant, the first vice president will assume the office of president until the
completion of that term. The then-vacant office of the first vice president will be filled by appointment of the
incoming president and approved by a majority of the board of directors. All such appointments shall be for the
remainder of whatever term of whatever office is being filled.
All other vacancies occurring as a result of a recall election shall be filled in accordance with Section 6
of this Article. The president may remove any of the regularly appointed officers at any time, provided such
vacant position is filled by appointment by the president with the approval of the board of directors within thirty
(30) days after such removal.
A two-thirds majority of the board of directors may call a hearing for the removal of any elected or
appointed officer, provided that all the other provisions for petition and notice as defined in this Constitution are
adhered to. A majority of the board of directors may make appointment to any vacant position if the president
does not meet the requirement of recommending a member for appointment within thirty (30) days after such
position becomes vacant. A majority of the board of directors may remove any appointed officer.
Section 12 - Amendments:
A.
No alterations or amendments to this Constitution shall be made except by written resolution
offered at a meeting of the board of directors, which resolution shall lie over at least one (1) month, after which it
shall require a two-thirds majority vote of the board with a minimum of twelve (12) votes by said board to place
such resolution on a ballot for vote of the general membership during any general election.
B.
Any passage of such alteration or amendment of this Constitution placed on the ballot for
consideration shall require a simple majority of all members voting.
C.
Any alteration or amendment so proposed shall be posted in written form on the HPOU
website at least fifteen (15) days prior to any election.
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