ANCHORAGE CHAPTER
BYLAWS
OF THE
ALASKA STATE EMPLOYEES ASSOCIATION
AFSCME/AFL-CIO
LOCAL 52
ARTICLE I -- NAME
The name of this organization shall be the Anchorage Chapter of Alaska State Employees Association, AFSCME, AFL-CIO.
ARTICLE II - MEMBERSHIP
All members of ASEA within the jurisdiction of this Chapter, as established by the ASEA Executive Board, are eligible for membership in this Chapter.
ARTICLE III - MEETINGS
Section 1. Regular meetings of this Chapter shall be held at least quarterly, at a time and place to be fixed by the membership or the Chapter Executive Board.
Section 2. Special Chapter meetings may be called by the President, the Executive Board, or by petition filed with the President, and signed by one hundred (100) members of the Chapter. Special Chapter meetings may also be called by the ASEA President, through petition signed by 100 Chapter members, or in accordance with Article IX, Section 25 of the AFSCME International Constitution.
Section 3. The quorum for meetings of this Chapter shall be twenty-five (25) of its members in good standing.
Section 4. Regular or special meetings of the Executive Board shall be held at a time and place to be fixed by the Chapter Executive Board and/or President. The membership shall be notified by the Chapter Stewards of the time and place.
ARTICLE IV -- OFFICERS AND ELECTIONS
Section 1. The officers of this Chapter shall be a president, a Secretary, a Treasurer, and four Executive Board members, two of whom shall be stewards, and these seven (7) shall constitute the Chapter Executive board. In addition, there shall be elected three members who shall serve as Trustees. The Trustees shall be elected to four year terms of office, except that in the initial election, one shall be elected for a one-year term, one for a two-year term, and one for a three-year term. All other officers shall be elected for a term of two years.
Section 2. Nominations shall be made at the regular meeting of the Chapter in odd years in the third quarter meeting or prior to the meeting, by mail to the Chapter Secretary. At least fifteen (15) days advance notice shall be given the membership prior to the nomination meeting. A nominating committee may be appointed to make nominations, but whether or not such nominating committee is used, nominations shall be permitted from the floor. All regular elections shall be held during the fourth quarter of odd number years.
Section 3. To be eligible for office, a member must be in good standing in ASEA for one year immediately preceding the election, except in the initial election held in this Chapter; provided, however, that no retired member shall be a candidate for office.
Section 4. All matters concerning nominations and elections in this Chapter shall be subject to the provisions of Appendix D, entitled Election Code, of the AFSCME Constitution.
Section 5. Vacancies in office shall be filled by majority vote of the Executive Board until the next regular scheduled election to that office.
Section 6. Every officer, shall, upon assuming office, subscribed to the Obligation of an Officer as set forth in Article VI of the ASEA Constitution.
Section 7. Nominations for delegates to the ASEA Convention shall be opened at the regular quarterly meeting, one quarter prior to the election.
Section 8. The election of the delegates shall be at the regular meeting of the first quarter and at least 75 days prior to the convention.
Section 9. Due Process and Recall:
A. Due Process: Charges against a member or officer shall be specific and shall be only on grounds provided in Article X of the AFSCME Constitution. Accused members or officers shall have the right to fair trial with strict adherence to due process. The accused shall be considered innocent until proven guilty.
B. Recall: All elected officials shall be subject to recall by the membership.
1. A recall petition shall be presented to the Chapter President and the petitioners shall then have ninety (90) days from the date of presentation to obtain the signatures of twenty-five percent (25%) of the membership in good standing to be valid.
2. Rights afforded the subject of the recall petition shall be done specified in the AFSCME Constitution and in these Bylaws.
3. If the petition is valid, a mail-out ballot shall be sent to the membership within thirty (30) days of certification. The membership shall have thirty (30) days to vote on the recall.
4. If the recall petition is sustained by a majority vote of those voting, the vacancies shall be handled as provided in this Constitution.
ARTICLE V -- DUTIES OF OFFICERS, EXECUTIVE BOARD AND TRUSTEES
Section 1. The President shall:
A. Preside at all meetings of the Chapter and of the Executive Board.
B. Be a member of all committees, except the election committee.
C. Countersign all checks drawn against the funds of the Chapter or designate with Chapter Executive Board approval another Executive Board Member besides the Treasurer to countersign in his/her absence.
D. Appoint all standing committees and all special committees of the Chapter, subject to the approval of the Executive Board.
E. Report periodically to the membership regarding the affairs of the Chapter.
Section 2. The Secretary shall:
A. Keep a record of the proceedings of all membership meetings and of all Executive Board meetings, and provide copies of the minutes to members at the next regular quarterly meeting.
B. Carry on the official correspondence of the Chapter, except as the Executive Board may direct otherwise.
C. In the absence of the President or in the President’s inability to serve, preside at all meetings and perform all duties otherwise performed by the President.
D. Perform such other duties as the Executive Board may require.
Section 3. The Treasurer shall:
A. Receive and receipt for all monies of the Chapter.
B. Deposit all money so received in the name of the Chapter in a bank or banks selected by the Executive Board, and money so deposited shall be withdrawn only by check signed by the President and the Treasurer.
C. Prepare and sign checks or designate with Chapter Executive Board approval another Executive Board Member besides the President to countersign in his/her absence for such purposes as are required by these Bylaws or are authorized by the membership or the Executive Board.
D. Conduct the financial affairs of the Chapter in accordance with the requirements of the AFSCME Financial Standards Code.
E. Give a surety bond for an amount to be fixed by the Executive Board of the Chapter, at the expense of the Chapter and through the International Union.
Section 4. The Executive Board shall be the governing body of the Chapter, except when meetings of the Chapter are in session. All mattes affecting the policies, aims and means of accomplishing the purposes of the Chapter not specifically provided for in these Bylaws or by action of the membership at a regular or special meeting shall be decided by the Executive Board. The Board shall meet at the call of the President or of a majority of the members of the Board. A majority of the members of the Executive Board shall be required for a quorum. The Executive Board shall submit, for approval by the membership, an annual budget at the first regular quarterly meeting.
Section 5. The Trustees shall make or cause to be made at least annually an audit of the finances of the chapter, and shall report to the membership on the results of such audit.
ARTICLE VI -- MISCELLANEOUS PROVISIONS
Section 1. This Chapter shall at all times be subject to the provisions of the ASEA and AFSCME Constitutions.
Section 2. Except to the extent specified in these Bylaws, no officer of the Chapter shall have the power to act as agent for or otherwise bind the Chapter in any way whatsoever. No member or group of members or other person or persons shall have the power to act on behalf of or otherwise bind the Chapter, except to the extent specifically authorized in writing by the President of the Chapter or by the Executive Board of the Chapter.
Section 3. Robert’s Rules of Order, Revised, shall be the guide in all cases to which they are applicable and in which they are inconsistent with these Bylaws or of any rules of this Chapter or of ASEA or AFSCME.
Section 4. Any unbudgeted expenditure over Two Hundred Fifty and No/100 Dollars ($250.00) must first receive approval from: (1) the appropriate Chapter committee; or (2) the Chapter Executive Board; or (3) by a simple majority vote at the previous GGU meeting. The expenditure must then receive an additional approval by a simple majority at the next monthly GGU meeting.
An emergency approval for over Two Hundred Fifty and No/00 Dollars ($250.00) may be approved by either a super majority vote of two-thirds (2/3) of the members present at a single GGU Chapter meeting or a super majority vote of sixty percent (60%) of the Executive Board Members present at an Executive Board Meeting.
ARTICLE VII -- AMENDMENTS
Section 1. These Bylaws may be amended, revised, or otherwise changed, with at least twenty-five (25) members present at the time of the vote, by a majority vote of the members on such proposed change at regular or special meetings of the Chapter. A written copy of the proposed amendment shall be furnished to every eligible voter at the meeting at which the vote is taken.
Section 2. A copy of these Bylaws and any amendments thereto shall be filed with the ASEA Secretary-Treasurer.
Section 3. Copies of all proposed Bylaw amendments must be provided to the membership no later than the notification for the meeting.
Whistleblowers Protection
for Alaskans
(from the Ombudsman's Office)
After many years of legislative debate, the Alaska Whistleblower Act became law on August 9, 1989. Under AS 39.90.100, public employers are prohibited from discriminating against an employee or person who reports a matter of public concern to a public body.
It will provide protections for those citizens who have the courage to come forth through official government channels and "blow the whistle" on bad governmental practices. Further, the statute will help alleviate perceived fear of retaliation some persons have of complaining in good faith about the actions of government officials and employees. The protection is also intended for those who testify during government investigations or hearings.
As important as what the Whistleblower Act provides is what it does not. It does not protect poor or unproductive employees from disciplinary actions or terminations just because they "blew the whistle" if the employer has been following good personnel practices. It does not allow employees to release otherwise confidential information. Disclosures made to other than a public body will not invoke the protection of the act.
While the Ombudsman Act requires the names of complainants and witnesses involved in an investigation be kept confidential "except insofar as disclosure may be necessary . . . to support recommendations", no protection is guaranteed to citizens, including state employees, who complain in good faith or testify in one of our investigations. Issuing subpoenas to provide witnesses a "legal excuse" for providing sworn testimony is little real protection when they return to the workplace or interact with the agency.
Under the Alaska Whistleblower Act, matters accepted for investigation by the Office of the Ombudsman are "matters of public concern" which invoke protection from retaliation, along with reported violations of law, dangers to public health or safety, gross mismanagement, substantial waste of funds, and clear abuse of authority by government.
A person who experiences a violation of the act can bring a civil action in the courts for appropriate relief, including punitive damages. A public employer who violates AS 39.90.100 is liable for a civil fine up to $10,000. Public employers include the State of Alaska, its public or quasi-public corporations and authorities, the University of Alaska, municipalities which have not adopted an ordinance for similar protection, school districts, and rural education attendance areas.