BY-LAWS OF THE
MUNICIPAL ATTORNEY'S ASSOCIATION
OF
SAN FRANCISCO
PREAMBLE
The specific and primary purposes for which this Association of
municipal attorneys of San Francisco is formed are: to further
the honor, dignity and public usefulness of the members of the
legal profession serving the City and County of San Francisco;
to increase the perceptiveness of said members in promoting the
sound administration of justice for the City and County of San
Francisco; to act in the interests of maintaining a highly skilled
and professionally competent staff of attorneys serving the City
and County of San Francisco; to represent its members in employment
relationships with the City and County of San Francisco; and to
cultivate social intercourse among members of the Association.
The general purposes of the Association are to serve the welfare
of all municipal attorneys employed by the City and County of
San Francisco by such means as from time to time may be appropriate
and to provide an organization for collective action for the aforesaid
purposes.
Section
I
Name
1. The organization shall be known as the Municipal Attorneys
Association ('MAA" or "Association") of San Francisco.
Section
II
Membership
1. Any attorney who is employed as such by the City and County
of San Francisco up to and including Chief Attorney I is eligible
for membership.
Section
III
Officers
The officers of this Association and their respective duties shall
be as follows:
1.
President. The President:
a. shall preside at all regular meetings of the full assembly.
b. shall serve on the executive board and shall preside at meetings
of the executive board.
c. shall preside at meetings of committees when invited to do
so.
d. shall appoint committees to serve at the discretion of the
President.
e. may endorse checks for disbursement.
f. shall have the right to call extra meetings of the full assembly
or the committees.
g. shall review or sign all official documents or correspondence.
h. shall make any official representations on behalf of the Association.
No official representation (whether oral or written) on behalf
of the Association shall be made by any other individual without
the advance consent of the President.
i. shall perform such duties as commonly pertain to the office
of the president.
j. shall participate to the fullest extent possible in all negotiations
in employment relationships upon behalf of the Association before
the representatives of the City and County of San Francisco.
k. shall sign all collective bargaining agreements or memoranda
of understanding on behalf of the Association.
l. may hire or fire legal counsel after consulting with the other
4 officers.
2.
First Vice-President. The First Vice-President:
a. shall have all the duties of the President during the absence
of the President.
b. shall assist the President in the conduct of all meetings of
the Association.
c. shall serve on the executive board.
d. may endorse checks for disbursement.
3.
Second Vice-President. The Second Vice-President:
a. shall have all the duties of the President during the absence
of the President and First Vice-President.
b. shall assist the President in the conduct of all meetings of
the Association.
c. shall serve on the executive board.
d. may endorse checks for disbursement.
4.
Recording Secretary. The Recording Secretary:
a. shall have all the duties of the President, during the absence
of the President, First Vice-President and Second Vice-President.
b. shall keep the records of the correspondence of the Association.
c. shall maintain a roster of all the members of the Association.
d. shall keep the minutes of the regular meetings of the Association.
e. shall read the minutes of the previous meeting at the next
regular meeting.
f. shall conduct correspondence at the request of the President.
g. may endorse checks for disbursement of funds.
h. shall serve on the executive board.
5.
Treasurer. The Treasurer:
a. shall have all the duties of the President, during the absence
of the President, First Vice-President, Second Vice-President
and Recording Secretary.
b. shall be responsible for the collection of all funds due the
Association.
c. shall keep an itemized account of all receipts and disbursements.
d. shall keep a complete record of dues, initiation fees, assessments,
etc. collected from each member.
e. shall review and monitor all employee lists provided to the
Association by the City and County of San Francisco and ensure
that the proper dues or agency fees are being deducted for each
bargaining unit member represented by the Association and that
such deductions are being paid over by the City and County of
San Francisco to the Association.
f. shall prepare and submit to the Association at least quarterly
an itemized statement of receipts and disbursements showing the
cash balance on hand.
g. shall deposit all funds in the bank in the name of the Association
and draw out said sums only by checks of the Association.
h. provide a complete financial report for the fiscal year. The
report shall be rendered to the membership at the next regular
meeting following the close of the fiscal year.
i. shall serve on the executive board.
Section
IV
Executive
Board
1. The Association shall be governed by an Executive Board, consisting
of the five officers and four additional executive board members.
The four additional executive board members shall include: one
at-large member who shall work in any office of the City; one
member who works in the Office of the District Attorney; one member
who works in the Office of the City Attorney; and one member who
works in the office of the Public Defender.
2.
The Executive Board shall have the power and authority to do all
acts and perform all functions which the Association might do
or perform, including the administration of all business and expenditure
of funds on behalf of the membership, within the bounds of authority
granted by that membership.
3.
A majority of the Executive Board shall constitute a quorum for
the transaction of business, except that (1) if the office of
any officer or executive board member other than the president
shall become vacant, a majority of the remaining board members,
even if such a majority is less than a quorum, may elect a successor
to hold office for the unexpired portion of the term of the officer
or board member and until his/her successor shall have been duly
chosen.
Section
V
Nomination
of Officers and Executive Board Members and Election Procedures
1. In May of 1998, a regular meeting will be held during which
the nomination for officers and executive board members of this
association shall take place. Upon the closing of nominatins,
the president shall appoint an elections committee of three members,
none of whom shall be a candidate for election to any office.
The candidates nominated at the May meeting shall be voted upon
at a regular meeting held in June, 1998. The term of office for
officers and executive board members elected in June 1998 shall
be sixteen months
2.
In September of 1999 and in September every two years thereafter,
a regular meeting will be held during which the nomination for
officers and executive board members of this association shall
take place. The candidates nominated at the September meeting
shall be voted upon at a regular meeting in October of that same
year. The term of office for officers and executive board members
elected after June 1998 shall be two years.
3.
No member shall be a candidate for more than one office.
4.
The election of all officers shall be by secret ballot. Only members
in good standing in the month preceding the election shall be
entitled to vote.
5.
Members who are entitled to vote may vote for one nominee for
each office and for the at-large executive board member. In addition,
as to the three executive board positions reserved for a representative
from the Office of the City Attorney, the Office of the District
Attorney and the Office of the Public Defender, only members from
each such office may vote for that office’s representative on
the executive board.
6.
Members who are absent from the City on the day of the election
may, upon written request to the election committee not less than
3 days prior to the election, vote by absentee ballot. The election
committee shall set up a procedure for receipt of such ballots
to ensure that absentee voting shall be by secret ballot. Absentee
ballots must be received by the election committee no later than
one day prior to the election. The election committee shall not
count absentee ballots until all voting has closed.
7.
The candidate receiving the majority of votes shall be elected
to each respective office.
8.
Other membership votes required by these bylaws shall also be
by secret ballot. Only members in good standing in the month prior
to the election shall be permitted to vote. The absentee ballot
provisions set forth in this section shall also apply to such
other membership votes, except for votes to amend the By-Laws
as provided in Section X.
9.
The president shall be the judge of the election and shall resolve
all disputes and issues.
Section
VI
Committees
1. Bargaining Committee
a. The Association shall have a Bargaining Committee consisting
of the President and eight committee members appointed by the
President.
b.
The President shall also appoint one of the other four officers
to serve as the President’s alternate.
c.
At least two committee members shall work in the Office of the
City Attorney; at least two committee members shall work in the
Office of the District Attorney; and at least two committee members
shall work in the Office of the Public Defender.
d.
On any vote of the Bargaining Committee, the President and each
committee member may vote; however, in the event that the President
is not present to vote, his or her alternate may vote in his or
her place.
e.
At the President’s discretion, additional members may also serve
on the Bargaining Committee. The additional members, however,
are not entitled to vote in any vote of the Bargaining Committee.
f.
The Bargaining Committee shall serve as MAA’s bargaining agent
for collective bargaining under the Meyers-Millias-Brown Act.
Cal. Gov. Code section 3500 et seq. and as MAA’s agent for negotiations,
mediation and interest arbitration under the San Francisco Charter.
g.
The Bargaining Committee shall report to the Executive Board of
this Association when called upon to do so and shall give a full
account of their activities.
h.
Any Memorandum of Understanding negotiated between the Association
and the City and County of San Francisco shall not become effective
until it is ratified by the membership by a majority vote.
2.
Election Committee
a. Upon the closing of nominations for officers as set forth above
and at such other times as the President shall deem necessary,
the president shall appoint an Election Committee of three members,
none of whom shall be a candidate for election to any office.
b.
The Election Committee shall ensure the proper administration
of Section V, Nomination of Officers and Executive Board Members
and Election Procedures.
3.
Other Committees
a. The President may appoint committees and subcommittees as he
or she deems appropriate and necessary to carry out any duties
or functions of the Association.
4. Endorsement Committee
(a) The Association shall have an Endorsement Committee consisting
of the members of the Executive Board.
(b) The Committee shall have the authority to endorse or oppose
candidates seeking election to public office and to sponsor,
endorse, or
oppose any ballot proposition, except when the membership is
polled
pursuant to Section VI, 4c, below. However, any such endorsement
must be voted by 2/3 vote of the Board members
present and voting at a closed board meeting considering
such endorsement. Decisions on whether or not to endorse
shall be taken by secret ballot. Unless the decision of the Board is
unanimous, the numerical division of the Board on any endorsement
shall be kept confidential by the Board, with
only the fact of endorsement made public.
(c) One-third (1/3) of the members of the Board of Directors
may
require a poll of the membership regarding any endorsement by
indicating a desire for such polling. Such motion
to poll the membership must be made before the
end of the Board meeting voting the endorsement. Any such poll
shall be by secret ballot conducted in accordance with procedures
established
by the Board of Directors. Such poll may or may not require a
mail ballot and shall be overseen by the General Election committee.
(d) Endorsements whether arrived at by section (b) or (c) above
shall be binding on the Association. Individual members may make
endorsements, but are prohibited from using the Association’s
materials
and/or identification.
Section VII
Fees,
Dues and Assessments
1. The bargaining unit represented by the Association is an agency
shop.
2.
Except as noted below, dues and assessments shall be in an account
fixed from time to time by resolution of the officers and vote
of the membership.
3.
Dues and/or assessments may be fixed by a majority vote of the
members present and voting at any regularly scheduled or special
meeting held at least ten (10) days after notice of the meeting
is given to the membership. Dues and/or assessments fixed by vote
of the membership may not be altered for six months after the
vote fixing the rate of dues and/or assessments.
4.
Each member of the Association shall sign a form authorizing deduction
of Association dues. The dues of the Association shall be deducted
by the City and County of San Francisco from each member’s pay,
following receipt by the Controller of such form.
5.
No officers or members shall be exempt from the payment of dues
or assessments.
6.
Any member who has failed to pay the prior month’s dues shall
be deemed not in good standing.
7.
Any employee in a bargaining unit position represented by the
Association and covered by an agency shop agreement who is not
a member of the Association shall be required to pay his or her
fair share payments to the full extent permitted by law.
Section
VIII
Meetings
1. Regular Meetings will be held no less frequently than once
every six (6) months.
2.
Special Meetings may be called by the President or any officer
of the Association. Notice of such Special Meeting, together with
a brief statement of the purpose of the special meeting and a
general description of the proposed business to be discussed at
the Special Meeting, shall be given at least three (3) days in
advance of each meeting.
Section
IX
Fiscal
Year
1. The fiscal year of this Association shall be July 1 to June
30.
2.
A complete financial report for the fiscal year shall be rendered
to the membership at the next Regular Meeting following the close
of the fiscal year.
Section
X
Amending
By-Laws
1. The authority to amend the By-Laws shall be accomplished by
a two thirds (2/3) vote of the members present and voting in any
Regular or Special Meeting provided that said proposed amendment(s)
shall have been presented in writing, signed by at least five
members, at a Regular or Special Meeting at least ten (10) days
prior to the vote on the proposed amendment(s). A copy of the
By-Laws in force, together with a copy of the proposed amendment(s),
shall be provided to the members of the Association at the meeting
prior to the vote at which the amendment(s) will be acted upon
by the membership.
Section
XI
Independence
of the Association
1. This Association is an independent association, unaffiliated
with any local, regional, state, national or international organization.
Approved
by vote of the members of the Association on
May 14, 1998