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THE POLICE FITNESS PERSONNEL OF ONTARIO
CONSTITUTION AND BY-LAWS
SECTION ONE
The membership shall be known as the Police Fitness Personnel of Ontario, hereinafter referred to as the PFPO.
The term “fitness” implies quality of life; the personal capacity to look and feel well, to fulfill health potential, to handle emergency effectively and without undue fatigue, and to actively pursue social, economic, cultural and recreational ventures of choice. It is based on one’s ability to shape personal lifestyle and to resist the stressors of the environment.
SECTION TWO
Purpose:
(A) To unite fraternally and to promote health, fitness and lifestyle management to police personnel in Ontario.
(B) To assist the police services of Ontario in developing sound and effective physical training programs. This implies providing guidance concerning fitness appraisal, counseling, exercise safety and injury prevention, as well as the promotion and enhancement of personal health management skills. It also implies the development of a corporate philosophy where physical fitness and positive lifestyle are value-enhanced and facilitated.
(C) To become an objective professional collective authority to express opinions on various subjects including, but not limited to, tests of fitness and physical ability standards, equipment, the professional qualifications of leaders, lifestyle modification programs, program delivery systems, the physical demands of policing and training methods to meet job and lifestyle demands.
(D) To develop methodology, collect and interpret physical ability and fitness information in reference to all job-related research.
(E) To retain research information and findings in a central location and make it accessible to all police services.
(F) To provide and promote staff development within the membership.
(G) To make and adopt a constitution and by-laws, rules and regulations for the admission, suspension and expulsion of its members and for their government; for the establishing of different classes of membership; for the collection of fees and dues; for the election and appointment of its directors and other officers, the definition of their duties; for the safekeeping and protection of its property and funds and in general, to regulate, manage and preserve its property and interest, and from time to time, to alter, repeal, rescind, or vary such constitution, by-laws and rules and regulations.
(H) To promote the good and welfare of its members individually and collectively. To consider, advise upon and make representations with respect to and generally deal with all matters pertaining to the welfare and interests of its members, including conditions of service, employment and membership.
(I) To act as the representative of all members of the Police Fitness Personnel of Ontario, being all paid members and former members with respect to matters affecting the welfare or interest of the Police Fitness Personnel of Ontario.
(J) To enter into any arrangements with authorities, Federal, Provincial or otherwise that may seem conducive to the PFPO’s purposes or any of them and to obtain from any such authority any rights, privileges, and concessions which the PFPO may think is desirable and to obtain and carry out, exercise and comply with any such arrangements, rights, privileges and concessions.
(K) To encourage and promote co-operative enterprise, plans and arrangements, and to do all such things as are incidental or conducive to the attainment of the foregoing objectives.
SECTION THREE
Membership:
(A) The membership of the PFPO shall be classified as Active, Inactive, Special and Target members.
(B) Active membership is open to police officers and civilians who are hired by a Board of Commissioners of Police or to individuals whose primary occupation centers on the physical fitness of police or police trainees. Active members are those members whose annual dues have been paid.
(C) Inactive members are those members whose annual dues are in arrears. Inactive members lose all voting privileges and do not receive mailouts or newsletters from the PFPO. The membership records reflect this. Inactive members may become Active members, with all privileges thereof, upon payment of their dues.
(D) Special membership is typically granted to police officers, fitness professionals and those who have an interest in the business of the Police Fitness Personnel of Ontario, but who reside outside the Province of Ontario or who do not meet the requirements of Active membership and who the Executive Board approve. Upon payment of dues, Special members receive all PFPO mailouts and newsletters and are invited to attend all meetings, but may not vote on PFPO business.
(E) Target membership is granted to police officers and civilians who have never been a member of the PFPO but who have indicated interest in becoming a member. Target members receive all PFPO mailouts and newsletters for one full year and are invited to attend all meetings, but may not vote on PFPO business.
SECTION FOUR
Executive Board:
(A) The membership and affairs of the PFPO shall be under the management and control of the Executive Board, which may exercise all such powers and do all such things as may be required to be exercised or done by the PFPO.
(B) The Executive Board shall meet at least three times a year. These meetings will be considered General Meetings. All members are welcome to attend meetings of the Executive Board. An additional meeting will be held during which Executive Board elections will take place. This meeting will be the Annual General Meeting.
(C) The Executive Board shall consist of a:
1. President
2. Vice President
3. Secretary
4. Treasurer
5. Newsletter Editor
6. Five (5) Regional Representatives.
(D) The Executive Board may appoint any such committee as it deems necessary and in the interest of the PFPO. Each committee shall, through its Chair, submit a report of its recommendations and intended actions and other such reports as may be required by the Executive Board. Any member of any committee may be removed at any time, at the discretion of the Executive Board.
(E) A member of the Executive Board responsible for establishing and maintaining a committee for the benefit of the PFPO may appoint such PFPO members as deemed necessary to assist in the performance of their duties.
SECTION FIVE
Election of Officers:
(A) All officers of the Executive Board shall be elected at the Annual General Meeting. All positions are for a term of one year or until their successor has been elected. If qualified, the incumbent may be eligible for re-election.
(B) All elected positions commence immediately following the election process, at the Annual General Meeting.
(C) The election process shall be known as the Democratic Process, based on the Canadian Parliamentary System, with the voting by secret ballot.
(D) Each candidate must be nominated orally at a General Meeting, held the day prior to the Annual General Meeting. The nomination of any person absent from the meeting shall not be received except on production to the President or his/her designate by the proposer and seconder of a letter from the candidate signed in his/her own handwriting stating that he/she consents to the nomination and agrees to stand as a candidate. The letter of consent will be read aloud to the membership by the President or his/her designate.
(i) In the event it is not possible to hold a General Meeting the day prior to the Annual General Meeting, each candidate shall be nominated by submitting a written nomination to the Secretary, after a request for nominations have been sent to the membership.
(E) No member of the PFPO shall hold the office of President unless they have been a member of the PFPO in good standing for at least two years and have held an Executive Board position for a previous term.
(F) No member of the PFPO shall hold any elected office unless they have been a member of the PFPO in good standing for at least one year prior to the Annual General Meeting.
(G) Any member may at any time be removed from the office by the unanimous vote of the Executive Board. Any member so removed may appeal to the President for reinstatement by filing a letter stating the reasons reinstatement should be granted.
(H) A member of the Executive Board shall cease to hold office in the PFPO if and when he/she ceases to be employed by a police service in the Province of Ontario, or if he/she absents themselves from two consecutive Executive Board meetings without sufficient cause or excuse, of which the Executive Board shall be the sole judge, to be expressed by resolution.
SECTION SIX
Duties of Officers:
(A) President
(i) The President shall be the Chief Executive Officer of the PFPO and shall preside over all meetings. If the President is unable to preside at any Executive, General or Annual General Meeting, the Vice President shall act in his/her absence. If the Vice President is unable to preside at a Meeting, the President shall designate a presiding officer. The President shall perform all duties incidental to his office, and be an ex-officio member of all committees.
(ii) Oath of Office: “I, ___________________________, do solemnly swear that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of President of the Police Fitness Personnel of Ontario and that while I continue to hold such office, I will use every means within my power to promote the best interest of the Membership.”
(B) Vice President
(i) The Vice President shall, in the absence of the President, or in the case of his inability to act, perform all duties pertaining to the office of the President. He/she shall preside until a new President is elected by the membership. He/she shall be an ex-officio member of all other committees.
(C) Treasurer
(i) The Treasurer shall have charge of all books pertaining to the financial business of the membership. The Treasurer shall have the care and custody of the funds of the membership and deposit them in the name of the membership in such bank as the Executive Board may direct. The Treasurer shall advise the Executive of all overdue accounts at the General Meeting. The Treasurer shall also have the care and custody of any securities of the membership and shall deposit them in a safety deposit box to be provided by the membership for that purpose.
(ii) The Treasurer shall co-sign all cheques and order for payment of money and he/she shall pay out and dispose of same under the direction of the Executive Board in conformity with the provisions of sections of this constitution and by-laws.
(iii) The Treasurer shall keep an accurate record of all moneys received and disbursed to the satisfaction of the auditor and produce all records for their inspection at any time.
(iv) The Treasurer may have cash on hand which shall not exceed $100 and shall have power to use the $100 for the purpose of small expenditures incidental to the office.
(v) The Treasurer shall pay all accounts by cheque except as provided for within this constitution and by-laws. When moneys are received, a record shall be kept and a receipt issued upon request.
(vi) The Treasurer shall prepare an Annual Report immediately after the close of the fiscal year, describing the receipts and disbursements of that year in detail. The Treasurer shall present the Annual Report at the Annual General Meeting. Copies of such report shall be printed and distributed to members present and made available to all members.
(vii) The Treasurer shall document dues received from or on behalf of a member for annual membership renewal. The Treasurer shall document moneys received from all members for all courses and materials. The Treasurer shall forward all information regarding the payment of dues to the Secretary on a quarterly basis, for the maintenance of accurate membership records.
(viii) The Treasurer shall be responsible for the maintenance and upkeep of the Police Fitness Personnel of Ontario computer program.
(D) Secretary
(i) The Secretary shall maintain a membership file containing member status. The file will include the member’s title, mailing address, supervisor, certification date and level, and any other information the Executive Board deems necessary for the continued operation of the membership.
(ii) The Secretary shall draw up and keep record of the minutes of all meetings of the Executive Board and shall keep proper record of the proceedings at all General and Annual General Meetings. The Secretary shall have record of preceding meetings at every meeting.
(iii) The Secretary shall cause the minutes of every Executive Board Meeting to be distributed to the membership within thirty days of such meeting.
(iv) The Secretary shall keep a book or file containing the Constitution and
(v) The Secretary shall cause a notification to be distributed to the membership of any General or Annual Meeting no later than fourteen days before the commencement of the meeting.
(vi) The Secretary shall perform other such duties as the Executive Board may require of him/her.
(vii) Should the Secretary or Treasurer, at any time, through absence or illness, or any other cause whatsoever, be unable to discharge their duties as herein set forth, the Executive Board may appoint a member of the Executive Board to act in their place for the unexpired portion of the term of office or until the return to duty of the Secretary or Treasurer, which ever shall be the sooner, and while so acting, such member shall have all the powers possessed by the office.
(E) Newsletter Editor
(i) The PFPO shall produce newsletters annually. The general theme and final draft to each newsletter shall be sanctioned by the Executive Board.
(ii) The first newsletter printed following the Annual General Meeting will include a list of all active and special members’ names. It shall also include a list of the Executive Board, their place of employment, phone number and address.
(iii) The Newsletter Editor shall be responsible for the collection, layout, and editing of all information to be included in the newsletter. The Editor shall cause the newsletter to be printed and distributed to all active, special and target members of the PFPO.
(iv) The Newsletter Editor shall be responsible for all letterhead and forms necessary for the administration of the PFPO and shall keep all such forms current, updating them annually to reflect changes in the Executive Board and possible fee changes.
(F) Regional Representatives
(i) The Regional Representative shall be responsible for one of the five geographic regions - Western Ontario, Central Ontario, Southern Ontario, North-East Ontario, and North-West Ontario - as defined by the Executive Board.
(ii) The Regional Representative shall submit a Regional Column to the Newsletter Editor for each edition of the newsletter.
(iii) The Regional Representative shall promote and distribute information regarding the Police Fitness Personnel of Ontario within their designated region.
(iv) The Regional Representative shall assist with the annual STFA Course/
SECTION SEVEN
Meetings, Agendas and Notices
(A) The Annual Meeting of the PFPO will be held in the second quarter of each calendar year or as soon as circumstances dictate, and the following business shall be transacted:
1) Call Meeting to Order
2) Reading of Communications
3) Report of Presidents and Treasurer
4) Optional Reports from Executive Members
5) Report of Committees and Members with Assignments
6) Unfinished Business
7) New Business
8) Appointment of Poll Clerks and Scrutineers
9) Elections
10) Oath of President
11) Adjournment
(B) Notice of the Annual General Meeting (AGM) and of any Special Business to be transacted thereat, shall be included in a PFPO Newsletter mailed to members at least thirty days prior to the Annual General Meeting, or mailed in a separate document at least thirty days prior to the Annual General Meeting.
(C) At least fourteen days’ notice of a General Meeting specifying the place, the day and hour of such meeting and in case of Special Business, the general nature of such business shall be given to members. Notice of such meeting shall be either published in a PFPO newsletter or mailed to members.
(D) The order of business at General Meetings shall consist of the following:
1) Call meeting to order, roll call and register of members and guests
2) Reporting of new members
3) Reading of the minutes of the last meeting
4) Reading of communications and bills
5) Reports of committees and members with assignments as representatives of the PFPO
6) Unfinished business
7) New business, resolutions, etc.
8) Next meeting date
9) Adjournment
(E) The Executive Board may, at any time call a Special Meeting, and shall, upon a requisition made in writing and signed by ten or more active members, convene a Special Meeting. The requisition for a Special Meeting shall express the purpose for the meeting. The requisition shall be filed with the Secretary.
(F) Upon receipt of such requisition, the Executive Board shall forthwith convene a Special Meeting, and if the Executive Board does not convene the Special Meeting within thirty days of the requisition being filed with the Secretary, the requisitionists or any other ten active members may themselves convene a meeting for the transaction of the business and act on behalf of the PFPO as if called by the Executive Board.
(G) Notice of any Special Meeting shall be mailed out to all members within seven days of filing with the Secretary and shall state the business which is to be transacted, the place, day and hour of such meeting.
SECTION EIGHT
Quorums:
(A) Four members of the Executive Board constitute a quorum for the purpose of an Executive Board Meeting.
(B) Eighteen active members shall constitute a quorum for the Annual General Meetings.
(C) Ten active members of the PFPO may convene a Special Meeting, subject to the provisions of Section Seven.
SECTION NINE
Voting:
(A) At all meetings of the PFPO, whether General, Annual or Special, every active member, as a right, shall have one vote and such vote shall be given personally, except in the election of officers, where a vote may be made by proxy.
(B) Questions arising at any meeting shall be decided by majority of the votes and in the case of an equality of votes, the President or the Chair, as the case may be, shall cast the deciding vote, but otherwise they shall not vote.
(C) Every active member of the PFPO shall have the right to vote in the election of officers. Ballots shall be distributed to all active members a day in advance of the election and the recipients of such ballots shall be obliged to deposit them personally in the ballot box provided for that purpose. Members voting by proxy must notify the Secretary of their intention at lest one day prior to the meeting. They will be advised of the candidates and must phone or fax their vote prior to the meeting being called to order.
(D) In the event of a tie vote, a re-election will be held for that office immediately. Fresh ballots will be supplied, collected and counted by the poll clerks and scrutineer. Votes made by proxy will stand.
SECTION TEN
Rules of Order, Conduct and Procedures
(A) The President shall preserve order and decorum at all meetings and decide questions of order and practice, stating the rule applicable. The President’s decision shall be subject to an appeal to the PFPO in general assembly.
(B) The President shall state every question coming before the meeting. Should no member rise to speak and the assembly indicate readiness, the question shall then be put to a vote.
(C) The President or Chair shall not vote on any motion unless on an equal division; except in the election of officers. In the case of a deadlock, the President or Chair shall cast the deciding vote.
(D) A motion to be entertained by the assembly must be seconded, and the mover as well as the seconder must rise and be recognized by the presiding officer. The motion shall then be noted and read aloud by the Secretary.
(E) On motion, the regular order of business may be suspended by two-thirds vote of those present, to dispose of anything urgent.
(F) Any motion pertaining to an expenditure, gift or donation in excess of $100, must first be presented as a notice of motion, forwarded to the Secretary, who will include the motion in the agenda for the next General or Annual General Meeting, whichever comes first. The member making the notice of motion shall be notified by the Secretary of the date, hour and place of the meeting at which their motion will be read.
(G) Any member having made a motion can withdraw it with the consent of the seconder but a motion once debated cannot be withdrawn except by a majority of those present.
(H) A member desiring to speak on a question or offering a motion shall rise and respectfully address the President or Chair, but shall not proceed further until recognized by the presiding officer, except to say that they rise to a point of order or question or privilege.
(I) When two or more members rise at the same time to speak, the presiding officer shall decide which one is to have the floor.
(J) A motion to amend, or amend an amendment, shall be in order, but no motion to amend an amendment to an amendment shall be permitted. No amendment or amendment to an amendment shall be in order which is in direct opposition to the resolution or motion.
(K) Every member, while speaking, shall adhere to the question under debate and avoid all personal, indecorous or offensive language.
(L) When a member is called to order, they shall resume their seat until the question of order is decided. They may, however, be permitted to explain, but in no case introduce a new matter.
(M) When the President is putting a question, no member shall speak or move about the meeting room, nor shall a member be interrupted while speaking, except upon a point of order.
(N) When a question is being debated, no motion shall be received, except to amend the motion, including to postpone, debate a previous question or to adjourn.
(O) A motion to adjourn shall always be in order except when a member has the floor or a member is speaking.
(P) A member may require a motion under discussion to be read for their information at any time during the debate, except when another member is speaking.
(Q) No member shall speak more than five minutes without permission from the presiding officer, except the mover of a motion.
(R) The mover and seconder have the right to reply to discussion of the motion put forward, after which debate shall close.
(S) Any member refusing to take their seat when ordered by the presiding officer, may be suspended by the presiding officer for the remainder of the meeting.
(T) On a call of five members, the previous question shall be read by the Secretary, and until decided, shall preclude all amendments or debate and shall be followed with the question made by the presiding officer: “Shall the vote on the main question now be taken?”
(U) When the ruling of the presiding officer is appealed against, without debate the presiding officer shall put the following question: “Shall the ruling of the presiding officer be sustained?” The presiding officer shall have the right to give their reason for the decision given.
(V) In all unprovided cases, the presiding officer shall decide, but his decision shall be subject to an appeal by the meeting and generally the rules, form and customs of the Parliament of Canada will be followed.
SECTION ELEVEN
Membership Dues
(A) All members of the PFPO shall be required to pay dues annually.
(B) The fees specified in paragraph (a) shall be due February 28 of each calendar year.
(C) Notwithstanding the provisions of paragraph (a), payment of membership dues may be waived by a unanimous vote of the Executive Board.
(D) Any Active or Special member who neglects to pay their membership dues within thirty days from the due date, shall be reported by the Treasurer as delinquent and such member will become an Inactive member in the membership records. Written notice shall be mailed to the member advising them of their status.
SECTION TWELVE
Revenue and Expenditures
(A) Moneys from all sources shall be deposited to the PFPO accounts.
(B) Expenditures shall be subject to the provisions of Section 6(c), and payments exceeding $100 shall be made by cheque, signed by the Treasurer.
SECTION THIRTEEN
Trustee, Funds, Investments and Contracts
(A) The trusteeship of the PFPO shall be comprised of the President, Vice-President and Treasurer. They shall have supervision over all properties of the PFPO subject to such instruction that may, from time to time, be received as directives from the members in session.
(B) The funds and properties of the PFPO cannot be divided in any manner among the members individually or collectively, but shall remain the funds and properties of the PFPO, so long as ten active members continue allegiance thereto.
(C) The trustees shall sign all contracts and engagements entered into on behalf of the PFPO and the Treasurer shall affix the seal of the PFPO to such instruments as may require to be so attested.
SECTION FOURTEEN
Inspection of Records by Members
(A) The books of the treasury, the minutes and all whatever books of the PFPO business shall be subject to the inspection or examination by individual members in good standing, at any reasonable time upon request.
SECTION FIFTEEN
Obligations, Suspensions and Expulsions
(A) Acceptance of membership in the PFPO shall bind the member accepting to abide by the provisions of the constitution and by-laws of the PFPO.
(B) A member of the PFPO who is found to be in violation of the Constitution and by-laws of the PFPO, may be guilty of misconduct. Whatever charges are preferred shall be made in writing and delivered to the Secretary.
(C) The Executive Board may suspend a member so charged until the matter of the charge has been disposed of in accordance with this section.
(D) The Executive Board shall investigate each charge and may take disciplinary action in the form of reprimand, caution or expulsion from the PFPO.
(E) The President, Secretary and Treasurer shall form a panel of judges to hear testimony relating to charges.
(F) The Secretary shall give immediate notice in writing to any member against whom a charge has been preferred, advising of the particulars of such charge, reasonable notice as to the date, time and place at which a hearing of the charge shall take place, together with such further notice necessary to dispose of the charge.
(G) If any member against whom a charge has been laid does not attend the hearing as required, the hearing may proceed in their absence. Evidence shall be recorded in writing.
(F) The Secretary shall give immediate notice in writing to any member against whom a charge has been preferred, advising of the particulars of such charge, reasonable notice as to the date, time and place at which a hearing of the charge shall take place, together with such further notice necessary to dispose of the charge.
(G) If any member against whom a charge has been laid does not attend the hearing as required, the hearing may proceed in their absence. Evidence shall be recorded in writing.
(H) A member suspended by the Executive Board may be reinstated by the Executive Board. A General meeting may, by a majority vote of those thereat, reinstate a member who has been suspended indefinitely or for a stated period. A member so charged may be expelled at a General Meeting by a two-thirds vote of the members present thereat.
(I) The member charged shall forthwith be notified by registered mail of the decision of the Executive Board or the PFPO membership.
SECTION SIXTEEN
Legal Counsel
The PFPO may consider providing legal counsel, financial assistance or professional support to a member who is the subject of litigation which has resulted from actions or omissions thereof, while performing duties related to fitness in policing. Such consideration shall be entirely at the discretion of the membership. A notice of motion must first be presented to the Secretary who will include the motion in the agenda for the next General or Annual General Meeting, whichever comes first. The member making the motion will be notified by the Secretary of the date, hour and place where their notice will be read. A vote by ballot will be made.
SECTION SEVENTEEN
Amendments to By-laws
(A) The PFPO shall have full power at any General or Annual General meeting to amend, repeal, or re-enact the by-laws of the PFPO by a two-thirds vote of the members present, subject however, to due notice having been given as hereinafter set forth.
(B) Notice of any proposed change or amendment to the Constitution and by-laws shall be given in writing to the Secretary, who will include the motion in the agenda for the next General or Annual General Meeting, whichever comes first. The member making the motion shall be notified by the Secretary of the date, hour and place where their motion will be read.
(C) Any change or amendment to the Constitution and by-laws shall be included in the meeting minutes and distributed to all members.
SECTION EIGHTEEN
Supplying Constitution and By-laws to Members
The Constitution and by-laws will be on file with the Secretary of the PFPO and will be backed up on the PFPO computer. A copy of the Constitution and by-laws shall be provided to any member upon request.
This Constitution and By-laws was revised and passed on .....................................at ............................................................... Members of the Constitution Committee were Lynne Buehler, David Humber, Gary Marino and William McCutcheon.
SECTIONS:
1) DESCRIPTION
2) PURPOSE
3) MEMBERSHIP
4) EXECUTIVE BOARD
5) ELECTION OF OFFICERS
6) DUTIES OF OFFICERS
7) MEETINGS, AGENDAS AND NOTICES
8) QUORUMS
9) VOTINGS AT MEETINGS
10) RULES OF ORDER, CONDUCT AND PROCEDURES
11) DUES
12) REVENUES AND EXPENDITURES
13) TRUSTEES, FUNDS, INVESTMENTS AND CONTRACTS
14) INSPECTION BY MEMBERS
15) OBLIGATIONS, SUSPENSIONS AND EXPULSIONS
16) LEGAL COUNSEL
17) AMENDMENTS TO BY-LAWS 18) SUPPLYING CONSTITUTION AND BY-LAWS TO MEMBERS |
