TEXAS POLICE CHIEFS ASSOCIATION CONSTITUTION
Name, Affiliation and Term of Association
The name of this organization shall be the Texas Police Chiefs Association. This Association shall be affiliated with the Texas Municipal League. The term of the Association shall be perpetual.
The purpose of the Texas Police Chiefs Association shall be to promote the professional development of all executive and management personnel within duly constituted law enforcement agencies in the State of Texas; to encourage close cooperation of all law enforcement agencies in the prevention of crime, detection of crime and the apprehension of those responsible for the commission of crimes; to promote the highest standards of the police profession through selection and training of law enforcement officers and pledge to strive for the highest degree of respect for law and order throughout the State of Texas. The assets of the Association shall at all times be dedicated to the purposes set out above, and none of the net earnings shall inure to the benefit, in whole or in part, of any private individual, association or corporation.
Membership and Dues
Section 1. Membership in this organization shall consist of six categories: Active, Associate, Lifetime, Honorary, Corporate and Affiliate.
Section 2. ACTIVE MEMBERS.
A. Any person who is licensed by the Texas Commission on Law Enforcement as a peace officer serving as Chief of Police or City Marshal who is the chief administrative head of the police department, or whatever title they may be called, of any incorporated city or town, public or private institution of secondary or higher education including college and university police, airport police, transit police, railroad police, water district police as defined in the Texas Water Code, public and private hospital district police and retired Police Chiefs may hold Active Membership in the Association with the proper payment of required dues. Active Members are eligible to fully participate in all aspects of Association business at General Business Meetings of the Association.
B. “Retired police chief” refers to a retired Texas Police Chief who has retired and does not take another position as a police chief.
C. Chiefs appointed from out of state must have a peace officer license or equivalent from that state and acquire a Texas peace officer license within one year of appointment or membership will be suspended.
D. Interim or acting chief administrative heads of a police department are not eligible for Active Membership unless they are retired Police Chiefs who hold Active Membership.
Section 3. ASSOCIATE MEMBERS.
A. An Associate Membership may be extended to the following individuals upon the approval of the Executive Board and the payment of required dues:
1. Any person who is licensed by the Texas Commission on Law Enforcement as a peace officer with command responsibilities and sponsored by the agency’s chief of police.
2. The Special Agent or Assistant Special Agent in charge of any office of any federal law enforcement agency,
3. The head of any state law enforcement agency and their command staff.
4. A director of public safety whose duties include the supervision of a law enforcement agency and who is a former Active or Associate Member.
5. A person who serves as legal advisor, part time or full time, to a law enforcement agency.
6. Members of the academic community who are actively engaged in teaching or research in the areas of law enforcement.
7. Elected law enforcement officials to include sheriffs and constables.
8. Retired chiefs from other states that now reside in Texas
B. Associate Members, shall not be eligible to hold elected office or vote, but shall have the privilege to attend and join in the discussion at official meetings and conferences. Associate Members are eligible to serve on committees and chair certain committees as appointed by the President.
C. Interim or acting chief administrative heads of a police department are eligible for Associate Membership.
Section 4. LIFETIME MEMBERS. A president of the Texas Police Chiefs Association upon surrendering the Presidency to an incoming president and any Active Member upon completing twenty years of membership in the Association becomes a non-dues paying Lifetime Member and is entitled to all the privileges of those members under Article III, Section 2.
Section 5. HONORARY MEMBERS. An Honorary Membership may be extended to an individual who does not meet the requirements as set forth in Article III, Section 2, 3, or 4 as provided. An individual shall first be nominated by the Executive Board of the Association and approved by majority vote of the Association present and voting at any meeting or Annual Conference. Honorary Members shall not be eligible to hold elected office or vote, but shall have the privilege to attend and join in the discussion at official meetings and conferences. Honorary Members are eligible to participate as ex-officio on committees as appointed by the President.
Section 6. AFFILIATE MEMBERS. A Texas regional association of law enforcement administrators may be granted affiliate status by the Executive Board upon proper application. The regional association must be duly organized, having an elected board, by-laws, and regularly scheduled meetings. State wide associations of law enforcement administrators, such as college and university chiefs of police and school district chiefs of police and an association of police legal advisors may also be eligible for affiliate status. Each association granted affiliate status may elect or appoint a member of its respective association to serve on the Executive Board of the Association subject to Executive Board approval. The elected or appointed affiliate member must hold Active Membership in the Association except that the representative from the legal advisors association must hold associate membership.
Section 7. CORPORATE MEMBERS. Any company having an office or conducting business in the State of Texas may become a Corporate Member of the Association, after approval of the Executive Board and the payment of required dues. Corporate Members shall not be eligible to hold office or to vote, but shall have the privilege of having representatives attend the Annual Conference.
Section 8. Application.
A. Each application for membership shall be made in a manner and contain such information as prescribed by the Executive Board. The application shall be presented by the Executive Director to the Executive Board, which shall approve or reject the application.
B. The application may be submitted to the Executive Board and approved or rejected by the Executive Board by electronic communications. If a member of the Executive Board raises an objection to approval that cannot be resolved through communication between Executive Board members, approval of the application will be delayed until the next scheduled Executive Board meeting where the objection will be fully discussed prior to voting to approve or reject the application.
Section 9. Actions Against Members.
A. The Association expects all members to maintain the highest of professional ethical standards. To that end the Association reserves the right to take appropriate action to preserve the integrity of our profession and our Association.
B. The Executive Board may censure or expel any member for cause; provided that notice of such proposed action and reasons therefore be mailed or given said member 10 days in advance of the action. Provided further, that such member shall have an opportunity within 10 days after such notice, to respond to the cause of censure or expulsion in writing, directed to the Executive Director, for consideration by the Executive Board, or request a hearing before such Board, which hearing shall be held at such time, place and manner as may be prescribed by the Executive Board.
C. When the Executive Board meets to consider the written response or appeal of the member censured or expelled, the censure or expulsion may be sustained, reversed or modified by a majority vote of the Active Members present at the meeting.
D. During the time period between the filing of a request to appeal a decision to expel a member and the meeting prescribed by the Executive Board to consider the appeal, the membership of the individual subject to expulsion will be suspended and the individual will not be allowed to participate in any meetings or activities of the Association.
Section 10. Suspension of Membership. A member of the Association shall be considered suspended from membership upon:
A. Severing connections with law enforcement except through retirement or disability; with the exception of Lifetime Members;
B. Failure to acquire or maintain a Texas Peace Officer License, with the exception of Lifetime and Retired Members;
C. Non-payment of dues (when required); or
D. Action taken by the Executive Board for cause as outlined in Article III, Section 9.
Upon the elimination of the cause of suspension, the suspended member may be reinstated by the Executive Board.
Section 11. Dues. The dues of the Association shall be determined by the Executive Board and shall be payable on or in advance of the individual’s membership anniversary date. Dues must be paid at least 60 days after the anniversary date or membership in the organization will be suspended.
Board of Officers of the Association
Section 1. Board of Officers. The Board of Officers of the Association shall be the Elected Officers of the Association, Past Presidents and the Texas Municipal League Director. The Executive Director will serve as a non-voting member.
Section 2. Purpose of Board of Officers. The responsibilities of the Board of Officers is to propose budgets and priorities for the Association, employ, set compensation for and evaluate the Executive Director, set agendas for Executive Board meetings and take action on issues as directed by the Executive Board. The Board of Officers may meet and vote electronically when deemed necessary by the President. A quorum will be those that respond electronically after a time period set by the President.
Section 3. Qualifications for Board of Officers. At the time of nomination, election or appointment to the Board of Officers an individual must be an Active Member in good standing continuously for at least two years immediately prior thereto. Each officer, except for the Executive Director and Past Presidents, at the time of nomination, election or appointment, also shall be regularly engaged in active police service as the chief administrative head of the individual’s agency and receiving a salary.
Executive Board of the Association
Section 1. Executive Board. The Executive Board shall consist of the Board of Officers of the Association, fifteen (15) Regional Directors representing the fifteen (15) regions as outlined on the Texas Municipal League regional map, representatives from affiliate organizations as authorized under Article III, Section 6, and the State Association of Chiefs of Police (SACOP) Director. All members of the Executive Board are voting members.
Section 6 2. Purpose of Executive Board. The Executive Board serves for the good of the Association and to further the goals and objectives set out in Article II. The Executive Board shall not be monetarily compensated for their time and service. The Executive Board will have oversight of the Board of Officers, as well as approve budgets and priorities as proposed by the Board of Officers. The Executive Board may establish rules consistent with this Constitution, which shall govern this organization unless amended or repealed by a majority vote of the Board members present.
Section 3. Qualifications for Appointed Members of the Executive Board. Appointed members of the Executive Board, excluding individuals appointed to the Board of Officers, must be an Active Member in good standing, and also shall be regularly engaged in active police service as the chief administrative head of the individual’s agency and receiving a salary.
Terms of Office
Section 1. The Board of Officers and the Executive Board terms of office shall be for one (1) year beginning at the close of the Texas Police Chiefs Association Annual Conference, with the exception of the Texas Municipal League Director.
Section 2. The Texas Municipal League Director’s term of office shall be for two (2) years to be elected in the odd years otherwise provided by the Constitution of the Texas Municipal League.
Section 3. Past Presidents do not have a term of office and continue to serve the Association when they are available.
Section 4. If the annual conference does not occur, the current President becomes the Immediate Past President and Article IX, Section 1, is activated at the next Executive Board meeting.
Section 1. Any meeting of the Texas Police Chiefs Association will be called and arranged by the President with the approval of a majority the Elected Officers.
Section 2. A quorum at any meeting or Annual Conference shall consist of those members present.
Section 3. If a statewide emergency is declared by the Governor or President of the United States, the Executive Board may meet electronically to discuss and take possible action on financial matters requiring immediate action. A quorum consists of at least ten (10) Executive Board members participating.
Election of Officers of the Association
Section 1. Nominating Committee.
A. At the Annual Conference the President shall appoint a Nominating Committee consisting of at least five
(5) members comprised of past presidents in attendance at the conference with the immediate past president serving as chair. If the immediate past president is not in attendance, the President shall appoint the most recent past president as chair. If at least five (5) past presidents are not in attendance, the President may appoint enough Active Members to comprise a five (5) member committee.
B. The Nominating Committee will meet to establish a slate of officers, namely, President, First Vice- President, Second Vice-President, Third Vice-President, Secretary, Sergeant at Arms and Texas Municipal League Director when applicable. The Committee will present the slate of officers at the Annual Conference Business Meeting.
Section 2. Nominations from the floor are also in order after the Nominating Committee presents its slate of officers.
Section 3. The President of the Association shall be elected from the Vice-Presidents or interim President of the Association. All other elected officer positions must be filled by qualified Active Members as outlined in Article IV, Section 3.
Section 1. In the event of a vacancy in the office of the President occasioned by death, resignation, removal, suspension or inability to serve for any reason, a Vice-President shall serve as President, in descending numerical order. A vacancy in the office of the First Vice-President shall be filled by the Second Vice-President; a vacancy in the office of the Second Vice-President shall be filled by the Third Vice-President or under Section 4, Article VI.
Section 2. Vacancies still remaining in the positions of the Vice-Presidents shall be filled by an election thereto of an Executive Board Member, other than the immediate Past President, by the Executive Board.
Section 3. Vacancies in an office of the Executive Board shall be filled by the temporary appointment thereto by the President of any qualified person. If a member who is elected to an office is unable or unwilling to accept that office, an election may be held at the Texas Municipal League Conference to fill that office.
Duties of Elected Officers
Section 1. President. The President shall preside at all meetings of the Association, Board of Officers, and Executive Board, and be responsible for the order of business and for making preparations for all such meetings. The President shall appoint standing and special committees as needed, and shall appoint a delegate to serve and represent the State of Texas to the International Association of Chiefs of Police State Association of Chiefs of Police (SACOP) organization. The President shall appoint an auditing committee consisting of three (3) members with the Third Vice-President serving as the Chair of the auditing committee. The President shall appoint fifteen (15) Directors representing the fifteen (15) Regions as outlined on the Texas Municipal League Regional Map.
Section 2. First Vice-President. The First Vice-President shall automatically succeed the President in the event of the death, disability, resignation, or removal from office of the President and shall serve the unexpired term thereof.
Section 3. Second Vice-President. The Second Vice-President shall succeed the First Vice-President in the event of death, disability, resignation, or removal from office of the President or First Vice-President.
Section 4. Third Vice-President. The Third Vice-President shall succeed the Second Vice-President in the event of death, disability, resignation, or removal from office of the Second Vice-President. The Third Vice- President shall chair the auditing committee.
Section 5. The President may appoint the vice-presidents to serve in a support role for the regional directors and committees chairs to assist them as needed.
Section 5 6. Secretary. The Secretary will assist the Association Staff to record complete and accurate minutes of meetings and present minutes of the previous meeting at the next meeting. The Secretary will assist the Third Vice-President as needed with the auditing committee.
Section 6 7. Sergeant at Arms. The Sergeant at Arms will have the duty to preserve order in organized meetings as announced by the President. The Sergeant-at Arms may appointment deputy sergeant-at-arms to assist at the annual conference. In the absence of a Secretary at a meeting the Sergeant of Arms will assist Association Staff to record complete and accurate minutes of the meeting.
Section 1. The staff of the Association shall consist of an Executive Director and any other position authorized by the Executive Board.
Section 2. The Executive Director of the Association shall be appointed by the Board of Officers and shall serve until a successor has been appointed and duly qualified. It shall not be necessary that the Executive Director be selected from the membership of the Association.
Section 3. The Executive Director shall collect all dues and make an accounting of all funds at the Annual Conference and shall have the authority to disburse such monies for Association expenses. The Executive Director shall place all unexpended money in funds to the credit of the Association. It shall be the duty of the Executive Director to keep a correct record of all proceedings of the Association, file all documents and minutes relating thereto; preserve all books, papers and other property belonging to the Association; and make a complete report of the conditions of the Association. The Executive Director shall account for and deliver to the successor in office all monies and property of the Association and perform all other duties as voted by the Association or as required by the President or Executive Board. The Executive Director must be bonded by a reputable bonding company, the expense of which will be paid by the Association.
Order of Business
Section 1. The order of business shall be determined by the President or designated presiding officer of each session of each Association meeting.
Section 2. In the absence of any provision to the contrary in this Constitution or rules of the Association, all meetings of the Association, the Board of Officers, the Executive Board, and of all other committees shall be governed by the parliamentary rules and usages contained in the current edition of Robert’s Rules of Order, Revised.
Section 3. The President may appoint a parliamentarian.
Changes to the Constitution
Any changes to the Constitution must be approved by a two-thirds vote of the Active Members present at the Texas Police Chiefs Association annual conference. Proposed changes shall be submitted in writing to the President, by Active Members of the Association. The President will insure that notification of proposed changes are mailed or electronically sent to each member not less than 30 days prior to the commencement of the Annual Conference. As required by the Texas Municipal League (TML), each TML affiliate must submit its separate Constitution when initially formed and all amendments to the Board of Directors of the TML and have such proposed amendments approved before they become effective. All other voting within the structure of the Texas Police Chiefs Association shall be a majority vote of all members eligible to vote present and voting at a meeting.
The President will ensure notification of proposed changes are mailed or electronically sent to each qualified member not less than 30 days prior to the commencement of the annual conference.
Section 1. This Constitution and approved changes shall be effective immediately upon its adoption and approval by the Texas Municipal League.