UFA Constitution Overview

The UFA Constitution consists of the bye-laws of the UFA. It spells out various definitions, what is to be done and by whom. This includes: UFA objectives, membership categories and qualifications, meeting criteria, elections, duties of Officers and Executive Board, Delegate duties, committee functions, dues, collective bargaining, funds and finances, amendments, referendums, and more. In the absence of anything spelled out in the UFA Constitution, Robert’s Rules of Order govern UFA protocol. Also, note that in accordance with the UFA Constitution, “the Executive Board shall interpret this Constitution and make all decisions concerning affairs of the UFA.”

While the UFA Constitution may be amended periodically, the Constitution itself is not intended to nor should it micro- manage the day-to-day operations of the UFA, as decisions regarding internal management, procedures, and policies are and should be, in most cases, determined by the UFA Officers you elect to run the UFA.

If proposed amendments are submitted, the Constitution Committee (which consists of 3 members from each borough), the Recording Secretary, and UFA Counsel will meet with the proposed amendment submitter(s) to evaluate and help the submitter modify the proposed amendment, if warranted and if the submitter desires to modify it. The Constitution Committee also conducts this review in order to present its recommendations to the Delegate body and membership at the General Membership meeting at which the proposed amendments are to be voted upon. All proposed amendments require a two-thirds affirmative vote from the floor in order to pass. Certain proposed amendments, in addition to a two-thirds affirmative vote from the floor, also require a referendum secret ballot mailing to the entire membership, which must pass by a majority referendum vote in order to become part of the UFA Constitution.

This Chapter contains the UFA Constitution text as written. It does not contain interpretations.

NOTE: The above overview is a brief introduction. It is not part of the UFA Constitution.

Article I. Name

This association shall be known as the Uniformed Fire Fighters and is referred to hereinafter as the “UFA.”

Article II. Objectives

The objectives of the UFA shall be to protect the rights of members; obtain better and safer working conditions; secure adequate remuneration; obtain the equitable resolution of grievances; cultivate fellowship among its members; and foster the finest traditions of American citizenship.

Article III. Membership

Section 1. Active Members

Active Members shall be probationary Firefighters, or Firefighters 5th, 4th, 3rd, 2nd, 1st grade and fire marshals, and marine wipers, marine engineers and pilots of the New York City Fire Department, including such members who are terminated or laid off by the City of New York due to a fiscal crisis.

Section 2. Associate Members

Associate Members shall be members who have been promoted above the rank of firefighter 1st grade or fire marshal.

Section 3. Retired Members

Retired Members shall consist of all active members of the UFA who have retired from the Fire Department of the City of New York.

Section 4. Honorary Members

Honorary Members shall consist of those persons who, as benefactors of the UFA, are so recognized by the Executive Board.

Section 5. Members in good standing

Members in good standing shall consist of all members who pay their dues or assessments within the period prescribed in Article XII hereof, and members terminated or laid off by the City of New York due to a fiscal crisis or union activities. Delinquent members shall not qualify as members in good standing. Members violating terms of agreement of Article V, Section 5 shall not qualify as members in good standing.

Article IV. Meeting of Membership

Section 1. Regular Meeting

Effective January 1, 2000, there shall be a Regular Meeting of the UFA on the 2nd Thursday of each month of the year except July, August, and December. Of these nine, one will be held at the annual Delegate Seminar, seven will be General Membership, and one other will be Delegate Only; to be determined by the Meeting Notice. Written notice shall be sent to each Delegate and Unit (except for the Delegate Only meeting) at least 10 days prior to the date of each meeting informing membership (or delegates only) of the time and location of the meeting. If it becomes necessary to alter the scheduled meeting, notice must be sent out 10 days in advance of the scheduled date notifying the membership of the new date, time, and location.

Section 2. Special Meeting

A special meeting of the UFA may be called by the President, or by a simple majority of the Executive Board;
A special meeting shall be called upon written request of twenty active members from each borough;
Whenever a special meeting is called, written notice thereof shall be sent to each delegate at least ten days prior to the date of the meeting;
No other business shall be conducted at the special meeting, except as specified in written notice.

Section 3. Attendance

Only Active Members in good standing shall be eligible to attend a meeting of the UFA. Guests may attend the meeting only with the permission of a majority of those present at a meeting, which vote shall be taken prior to the reading of the minutes.

Section 4. Quorum

One hundred members present shall constitute a quorum for a regular or special meeting.

Section 5. Order of Business

Call to order and pledge of allegiance.
Reading of the names of members deceased since last meeting.
Roll call of officers.
Reading of the minutes of the last meeting and submission or action on amendments.
Unfinished business.
New business: introduced-no discussion.
President’s Report.
Committee Reports.
Good and welfare of the Union General business: action on pending matters both new and old.
Adjournment.

Section 6. Special order of business

Special order of business, which has been announced on the notice for the regular meeting, shall be transacted immediately after the President’s Report.

Article V. Officers & Elections

Section 1. Officers

Officers shall consist of a President, a Vice-President, a Recording Secretary, a Treasurer, a Health & Safety Officer

/ Sergeant-at-Arms, a Trustee from each borough, a Fire Marshal Representative, Company Delegates and a Pension Consultant if one is appointed by the Executive Board pursuant to Article VIII of this Constitution.

Section 2. Term of Office

All officers except Company Delegates and the Pension Consultant shall be elected to serve a three-year term, except when a term of office will expire in a year in which a collective bargaining agreement between the UFA and the City of New York is also scheduled to expire, in which case all terms of office will expire three months prior to the scheduled expiration of the collective bargaining agreement. The term for a vacated office shall be for the unexpired term of such office. There is no limitation on the number of terms a person may hold a particular office. Company Delegates shall serve at the discretion of the company for an indefinite term. The Pension Consultant shall serve at the discretion of the Executive Board.

Section 3. Eligibility

All active and retired Firefighters in good standing who have served with the Fire Department of the City of New York including members who have been dismissed from the Fire Department because of activities on behalf of the UFA and have been separated from volunteer firefighting service for at least two years at the time of the nomination and remain separated while in office are eligible for an Executive Board Member position. No member shall be nominated for an office in the UFA who is holding an office in any other association in the Fire Department of the City of New York, except Fire Marshal Representatives and Company Delegates. A person holding office in the UFA who is elected to office in any other association of the Fire Department must resign from office in the UFA within ten (10)

days or the office will be declared vacant. Any candidate for the position of Recording Secretary and Treasurer must be eligible for bonding by a Fidelity Bonding Company.

Section 4. Removal of Officers

An officer may be removed from office for incompetency, conviction of a felony, inattention to duties of the office, or conduct unbecoming an officer of the UFA; provided that no officer may be removed except upon written charges setting forth the alleged improper conduct and the grounds for removal with specificity;
1. The charges must be delivered to the Executive Offices of the UFA at least ten days in advance of the first general meeting of the membership at which the charges are to be read; and after
2. Both the member bringing the charges and the officer charged have had an opportunity to present an oral statement and any written material relevant to the issue at each general membership meeting where the charges are read.
No members of the Executive Board may be removed except: i) upon an affirmative vote of two-thirds of those present and voting at two consecutive membership meetings where charges must be read, and ii) upon a referendum vote of the membership, or in the case of a Borough Trustee, a referendum vote of the members assigned to the borough represented by that Trustee.
There shall be a special committee, consisting of the three most senior Delegates willing to serve from each borough which shall, upon the filing of the charges at the first general meeting undertake a full investigation of the charges and shall make a recommendation at the second general meeting.
This section shall not apply to Delegates or the UFA Pension Consultant:
The Fire Marshal Representative shall be removed by an affirmative vote upon a referendum of two-thirds of the fire marshals.

Section 5. Turncoat Prevention

Any member nominated to serve in a position on the Executive Board of the UFA or to the position of Fire Marshal Representative shall first sign, as a condition of accepting such nomination an agreement that if elected, he shall be prohibited from accepting any salaried non-competitive appointed position with the City of New York, except teacher and positions within the New York City Fire Pension Fund, for a period of three (3) years after leaving said office. Said agreement shall be signed and submitted as per guidelines and pursuant to Article VI, Section 1, paragraph (b).
The aforesaid agreement shall provide that if said member violates its term he shall, within three (3) years of said violation reimburse the UFA all salary received from the UFA while serving in UFA office up to a maximum total of his three (3) most recent years of said salary.
The aforesaid agreement shall provide that if said member violates its terms he shall, immediately be deemed a member NOT in good standing, and as such not be entitled to benefits offered to members in good standing (i.e.: group term life insurance).

Article VI. Elections & Nominations

Section 1. Nominations

Nominations of officers except Company Delegates and the UFA Pension Consultant, shall be made at the nomination meeting which shall be held during the second week of May of each election year, except in any election year when a collective bargaining agreement between the UFA and the City of New York is scheduled to expire, in which case the nomination meeting shall be held during the second week of whichever month occurs six months prior to the month in which the collective bargaining agreement is scheduled to expire.

Any active member in good standing may nominate eligible members for office except Trustees who may be nominated only by the members in good standing of the borough they represent. A City-wide candidate must have at least 100 signatures of active members in good standing on a written petition. To qualify for a nomination as Borough Trustee, a person must obtain signatures of at least 50 members in good standing of the borough for which that Trustee is seeking nomination. All petitions shall state the office being sought and the candidate’s full name. All petitions must be submitted to the Recording Secretary by May 1 and must be validated by the Election Committee before the nomination meeting.

Acceptance-Candidates shall forward their written acceptance or refusal of the nomination, along with the signed agreement outlined in Article V, Section 5, paragraphs (a) and (b), either in person or by certified mail to the Recording Secretary within ten days after being nominated. An eligible nominee who fails to respond as provided will automatically be excluded from the ballot.
Executive Board Members accepting nominations for a vacated office shall vacate their present office by resignation. Such resignation shall be effective on the day the position on the Executive Board is filled as the result of an election.
Trustees must be both nominated and elected by the active members of the borough which they are to represent.
Candidates’ positions on ballots shall be selected by drawing the candidates’ names from a suitable receptacle before the active members present at the nomination meeting.
Company Delegate Election
1. Except when the office of Company Delegate is vacant, the election of Company Delegates shall take place only after the majority of the members assigned to the affected Company state their request for an election in written form addressed to their Borough Trustee.
2. Said election for Company Delegate shall be held within 20 days after delivery of the aforesaid written request to the Borough Trustee.
3. Said election shall be held in the firehouse of said Company by secret ballot held at least 14 days after notice of said election has been posted in a conspicuous place in the firehouse.
4. When the office of Company Delegate has become vacant, an election to fill that vacancy shall be held by said Company within 30 days of the creation of that vacancy. Said election shall be held at the firehouse of said company by secret ballot after notice of the election has been conspicuously posted at the firehouse for at least 14 days.

Section. 2 Campaigns

“Upon acceptance of nomination, each candidate shall receive from the Recording Secretary a computer diskette bearing the mailing list of all members eligible to vote for the office or offices in contention along with the delegate and unit address of each unit.”
No member of the UFA shall use, or seek to use the public press to advertise his nomination, candidacy, or election to office either by way of paid advertisements or news releases.

Section 3. Conduct of the Election

The election of officers shall be by referendum ballot, conducted by a professional balloting association. The Recording Secretary shall furnish a list of all active members in good standing as of the last day of the month preceding the month in which the nomination meeting is held to the balloting association. Printed ballots shall be mailed (or e-mailed, if the eligible member is on active military duty in accordance with Article VI, Section 4 (B)) by the balloting association to all members eligible to vote not less than 14 calendar days and not more than 21 calendar days after the nomination of officers.
Elected officers shall be installed and assume their duties on the first day of August, except in any year where a collective bargaining agreement between the UFA and the City of New York is scheduled to expire, in which case such officers shall be installed and assume their duties on the day following the expiration of prior terms of office as provided in Article V, Section 2 of this Constitution. No write-in vote shall be accepted and shall be void where made as to that office only.
No ballot shall be accepted unless it is duly signed (or submitted via e-vote, if the eligible member is on active military duty in accordance with Article VI, Section 4 (B)) by the member and returned to the balloting association on or before the date set forth on the ballot. No ballot received after the date provided on the ballot shall be accepted.
Candidates’ positions on the ballots shall be selected by drawing the candidates’ names from a suitable receptacle before the active members present at the nominations meeting.
All ballots shall indicate the current promotional standing of each candidate by listing the job title and eligible list number next to the candidate’s name.
Election of the offices of President, Vice-president, Recording Secretary, Treasurer, Health & Safety Officer / Sergeant-at-Arms, and Borough Trustee require a majority of the total votes cast for the particular office, except that a Trustee must be elected only by the active members in good standing of that Borough. A candidate receiving the majority of votes cast for that office will be considered the duly elected officer.
If no candidate for the offices listed in subsection “F” receives a majority of the votes cast on the first ballot, then another election for that office shall be held. The second ballot shall be between the two candidates receiving the greatest number of votes cast on the first ballot and shall be completed within twenty-five days of the counting of the first ballot. The candidate receiving the majority of the total votes cast in the second ballot will be considered the duly elected officer for that office. Candidates’ positions on the ballots in a runoff election shall appear in the order of finishing in the initial election.
Elected officers shall be installed and assume their duties on the first day of August, except in any year where a collective bargaining agreement between the UFA and the City of New York is scheduled to expire, in which case such officers shall be installed and assume their duties on the day following the expiration of prior terms of office as provided in Article V, Section 2 of this Constitution.

Section 4. Eligibility to Vote

Only active members in good standing are eligible to vote. Ballots shall not be issued to such persons appointed to the Fire Department of the City of New York less than 30 days prior to the mailing of said ballots.
Military Member E-voting in Referendums & Elections: Members who are activated for military duty and as a result are unable to reside in their primary New York residence may vote in UFA elections and referendums via email in accordance with timelines established in the UFA constitution and guidelines established by the balloting association. Military members qualify for voting via email if they are activated and unable to reside in their primary New York residence at any time during the period between when the ballots are mailed out by the balloting association and the date they are counted.

Section 5. Election Committee

Prior to all nominations, elections and referendums, a committee from the floor comprised of one person in each borough, shall be formed to oversee the nominating and balloting procedures. No member of this committee shall be a candidate for office. At no time shall this committee undertake to ballot or to poll the membership or to tabulate the ballots. The committee shall, in conjunction with the Executive Board, report the results to the membership as soon as tabulated.

Section 6. Vacancies

Any vacancy or vacancies occurring in the offices of President, Vice-President, Recording Secretary, Treasurer, Health & Safety Officer / Sergeant-at-Arms, Borough Trustee and Fire Marshal Representative shall be filled by special election within sixty (60) days from the date the vacancy occurs, except if such vacancy occurred within six months of the next regular nominations meeting. Furthermore, in any case where a vacancy occurs due to a resignation from office, said special election shall take place within sixty (60) days after the resigning officer communicates his/her properly notarized written intention to resign delivered by hand to the UFA President. If said resigning officer is the UFA President, said resignation letter shall be hand-delivered to the UFA Vice-President.

Said intention to resign shall be irrevocable once the nomination meeting for his/her replacement is held or once his/her replacement is appointed, whichever is applicable.

If an elected Recording Secretary or Treasurer fails to obtain the required bonding, the office shall be deemed vacated within the meaning of this section.

Nominations shall be made at a regular or special meeting which takes place not later than thirty (30) days after the vacancy occurs or, if applicable, within thirty (30) days after a resignation letter is received by the UFA President or, where appropriate, the UFA Vice-President.

Said nomination shall be upon written petition made as provided in Article VI, Section 1(a).

If a vacancy occurs within six (6) months prior to the next regular nominations meeting, except in the office of President, the President shall appoint a person to that office for the balance of the term; and in the event the President’s Office is vacant, the Vice-President shall become President and shall appoint a person to the office of Vice-President.

If a vacancy occurs for any reason, more than six (6) months prior to the next regular nominations meeting and prior to any special election to fill that vacant office, the President shall appoint a person to fill that office until such special election is held. If said vacancy is in the office of President, the Vice President shall become President, and shall appoint a person to the office of Vice President until said special election is held.

Any appointment by the President or Vice-President pursuant to this Section shall only be made of a current Company Delegate or current or former member of the Executive Board. If the appointment is to fill the office of a Borough Trustee, said appointment must be of a person from the applicable borough.

Section 7. Special Elections

Shall be called on written notice. Nominating and balloting shall be in the same manner as regular elections.

Article VII. Duties of Officers

Section 1. President

The President shall be the chief executive Officer of the UFA, its spokesman on all occasions, and shall preside at all meetings. No correspondence shall be initiated or answered in the name of the UFA without the approval of the president. He shall be by virtue of his election an ex-officio member of all committees.
The President shall be responsible for the daily operations of the UFA and shall have the power to delegate to members the authority to represent the UFA as the occasion wants and to appoint such committees as he deems necessary, except as otherwise directed by this Constitution, to conduct the affairs of the UFA in an efficient manner. The President is in full charge of the UFA’s office and shall employ or replace necessary office employees with the consent of the majority of the Executive Board. The President may delegate any duties to any member of the Executive Board who shall be responsible and report back to the President. The President shall perform such other duties and exercise such powers which may be assigned to him by the membership.
The President shall enforce the observance of the Constitution of the UFA.
The President shall be Chairman of the Executive Board and shall report to the members of the Executive Board concerning the conduct of the affairs of the UFA.
The President shall be a member of the Board of Trustees of the New York Fire Department Pension Fund and related Funds in accordance with the Administrative Code of the City of New York. He may authorize in writing at any time any other member of the Executive Board of the UFA or the fire marshal representative of the UFA or the UFA Pension Consultant to represent him on such Board of Trustees in the event of absence or disability.
The President shall vote only (a) when balloting for candidates, (b) when questions are submitted to referendum, or (c) to cast the deciding vote at any meeting.
The President may, in his sole discretion, when a motion is presented at a meeting for a vote, table the motion until the next regular meeting. It shall then become a special order of business.
The President shall, after the annual financial report is sent out to all units by the Treasurer, make it the subject of a special order of business at the next regular membership meeting.
The President shall within ninety (90) days after taking office publish a written list of committees and members of each committee.
The President shall deliver a report on the business of the UFA. The President’s report shall be accompanied by copies of a written synopsis, incorporating all important matters, including but not limited to, dates, times, and locations relating to such matters. Printed copies of the written synopsis shall be available to each delegate prior to the start of each meeting; provided that if an important item of business arises immediately prior to meeting; the President may deliver that item to the membership orally.
The President shall deliver a report for the following:
1. All IAFF sponsored events for which the UFA attended.
2. All NYSPFFA sponsored events for which the UFA attended.
3. All NYSPEC sponsored events for which the UFA attended.

Section 2. Vice-President

The Vice-President shall serve as an assistant to the President and shall perform such tasks as the President shall assign to the Vice-President. In the absence of the President the Vice-President shall act and perform the duties of the President. The Vice-President shall aid and assist the President in conducting the meeting and at such time as the President is absent shall have full power to act as President.
The Vice-President shall be a member of the Board of Trustees of the New York Fire Department Pension Fund and related Funds in accordance with the Administrative Code of the City of New York. He may authorize in writing at any time any other member of the Executive Board of the UFA, the Fire Marshal Representative of the UFA, or the UFA Pension Consultant to represent him on such Board of Trustees in the event of his absence or disability.

Section 3. Recording Secretary

The Recording Secretary shall be the office manager. He shall, with the approval of the majority of the Executive Board, establish and maintain job descriptions for all employees of the UFA. He shall maintain a membership list and a list of delegates and officers which shall be available for inspection by Borough Trustees. He shall establish and maintain office procedures to conduct the rest of the UFA in an efficient manner. The Secretary shall, before entering upon his duties of office, be bonded to the extent of $500,000, which shall be paid for by the UFA. Such bond shall be furnished by a corporate surety company approved in writing by the Board of Trustees.
The Recording Secretary shall continue to hold office until such time as his successor shall have qualified with the bonding requirements in section ‘A’ above.
The Recording Secretary shall be responsible for purchasing all office supplies and equipment for the maintenance of operation of the UFA, provided that any purchase in excess of $5,000.00 must be made upon approval of the Executive Board.
The Recording Secretary shall maintain minutes of the Executive Board meetings and regular or special meetings of the membership.
The Recording Secretary shall record the results of balloting or polling and shall notify the members of the results of nominations or referendums.
The Recording Secretary shall oversee any referendum of the UFA.
The Recording Secretary shall notify the membership by special bulletin that the annual financial report of the UFA’s finances and any funds controlled or administered by the UFA have been filed as required by law. The bulletin shall also inform the membership of their right to examine copies of the financial report and the procedure for examination.
The Recording Secretary shall cause to be printed for distribution to all Delegates, a Delegates Manual. The binder of this manual is to be of a type which will make for ease in placing and containing new pages of any and all changes. This manual shall contain a complete and exact copy of the following items:
1. The current Collective Bargaining Agreement
2. The UFA Constitution
3. Information on all health and safety, welfare, and pension benefits provided by the UFA and/or the City of New York.
4. A listing of all committees of the UFA including members sitting on such committees and the general purpose of such committees.
5. Any other miscellaneous information of interest to UFA members and their families.
6. Cause to be printed on pages that fit the binder, for mailing to all delegates, an exact copy of any and all amendments for the UFA Constitution which have been adopted and any and all changes to any information contained within the Delegates manual on a quarterly basis.
The Recording Secretary shall schedule each year a seminar or seminars for each registered Delegate or his alternate to interpret and study information contained in the delegate’s manual. The delegate seminar shall not be held in the months of January, February, or December. Before a delegate’s seminar is scheduled:
Selected locations of proposed delegate seminar sites shall be submitted by the Recording Secretary to the Executive Board.
The Executive Board of the UFA, at an executive board meeting, shall vote on seminar site locations submitted. The seminar site location receiving the highest number of executive board votes on seminar site locations will be listed numbers one through four by the highest number of votes cast for that seminar site.
After selection by the executive board, a formal list of four selected seminar site locations shall be sent to the delegate, by mail, for his vote on the selected site choice.
The company delegate shall select his seminar site choice and sign his name and company number on the bottom of the form. They are to then place the form in the self-addressed envelope provided and mail it back to the UFA Recording Secretary. The Winning seminar site shall require a majority of the total votes cast. If no site receives the required majority of the votes cast then another vote for site location shall be held between the two seminar sites which received the greatest number of votes cast on the first ballot.
The Recording Secretary shall be responsible for keeping the members informed as to the activities of the UFA and shall perform such duties as the President may delegate him.
The Recording Secretary shall be responsible for general correspondence and maintaining files and official records of the UFA.

Section 4. The Treasurer

The Treasurer shall be the chief custodian of the funds of the UFA and its disbursing officer. The Treasurer shall, before entering office be bonded to the extent of $500,000, which cost shall be borne by the UFA. He shall be responsible for obtaining any bonding required. Such bond shall be furnished by the corporate surety company approved in writing by the Board of Trustees.
The Treasurer shall continue to hold office until such time as his successor shall have qualified with the bonding requirements in section ‘A’ above.
The Treasurer shall be the custodian of all UFA property. He shall maintain such records as necessary to account for such property.
The Treasurer shall collect and receive all monies due the UFA and shall deposit these monies in a depository approved by the Executive Board. He shall maintain books and records as are necessary to record the receipt and deposit of monies received.
The Treasurer shall cause to be paid all just indebtedness of the UFA. He shall maintain books and records as is necessary to record and maintain the accounting of such indebtedness.
The Treasurer shall be responsible for the establishment of bank accounts, investment accounts and all other financial activities of the UFA as directed by the Executive Board.
The Treasurer shall meet each month with the Executive Board to present the Board with the financial records of the UFA for review and examination. He shall prepare vouchers for disbursements or present any motion which he has relating to expenditures and submit them to the Executive Board for approval.
The Treasurer shall cause to be prepared an annual financial statement for year-end July 31 by a certified public accountant, which shall include an annual report of the Widows’ and Children’s Fund Corporation, and which shall be sent out to all units to be posted and shall inform the membership of their right by law to examine copies of the financial statement and the procedure to follow requesting copies of the same.
No loan shall be contracted on behalf of the UFA and no evidence of indebtedness shall be issued in its name unless authorized by the Executive Board.
The Treasurer shall maintain a record of all official correspondence of the UFA relating to finances.
The Treasurer shall be a member of the Board of Trustees of the New York Fire Department Pension Fund and related funds in accordance with the Administrative Code of the City of New York. He may authorize in writing at any time any other member of the Executive Board of the UFA or the Fire Marshal Representative of the UFA or the UFA Pension Consultant to represent him on such Board of Trustees in the event of absence or disability.
The Treasurer shall perform such duties as are delegated by the President to the Treasurer.
The Treasurer shall cause to be prepared an up-to-date semi-annual financial report in duplicate to be sent out to each UFA delegate in the months of January and July of every year. One copy shall be posted in the firehouse by the delegate and the other remaining copy shall be placed in the delegate’s file or handbook. Any, and all, known deficits shall be annotated by underlining such deficits in the financial report.

Section 5. Health & Safety Officer / Sergeant-at-Arms

It shall be the duty of the Health & Safety Officer / Sergeant-at-Arms to enforce order at meetings.
The Health & Safety Officer / Sergeant-at-Arms shall take a position near the inner door and permit no one to enter without being identified.
The Health & Safety Officer / Sergeant-at-Arms shall prepare for each meeting a pre-printed form with company numbers listed and shall mark off each unit as members enter the meeting room. At the end of the meeting, he shall give such form to the Recording Secretary for publication in the next meeting notice of all companies who did not have representatives attending the meeting.
The Health & Safety Officer / Sergeant-at-Arms shall perform such other duties as are delegated by President to the Health & Safety Officer / Sergeant-at-Arms.
The Health & Safety Officer / Sergeant-at-Arms shall be the Health, and Safety, Coordinator of the UFA and the executive officer of the executive board responsible for the programs and policies for the health, and safety-related items of the UFA membership. This shall be considered his main priority in relation to his other duties.

Section 6. Borough Trustees

It shall be the duty of the Five Borough Trustees to examine the books and records of the Recording Secretary and Treasurer. It shall also be the duty of the Borough Trustees to examine the certified year-end financial statement for the twelve months ending July 31 of each year and to ensure that is given to the units for posting.
The Borough Trustees shall review the reports of the Treasurer.
The Borough Trustees shall see that the bonds required for officers of the UFA are properly executed and produced.
The Borough Trustees are empowered at any time to examine the books and records of the officers of the UFA.
The Borough Trustees shall elect from among themselves, at the first meeting in August of the new term, a Chairman, who shall be a member of the New York Fire Department Pension Fund and related Funds in accordance with the Administrative Code of the City of New York. Said Chairman of the Board of Trustees may authorize in writing at any time any other member of the Executive Board of the UFA or the Fire Marshal Representative of the UFA or the UFA Pension Consultant to represent said Chairman on said Board of Trustees in the event of his absence or disability.
Each Borough Trustee shall perform such other duties as are delegated by the President to the Borough Trustee.

Article VIII. Executive Board

Section 1. Members and Duties

The Executive Board shall consist of the President, the Vice President, the Recording Secretary, the Treasurer, Sergeant-at-Arms and the Borough Trustees from each of the five boroughs.
The Executive Board is charged with responsibility for the proper and efficient conduct of the business of the UFA. The Executive Board shall interpret this Constitution and shall make all decisions concerning the affairs of the UFA. Any such decision or interpretation of the Executive Board, except as to constitutional amendments and issues relating to collective bargaining (Article XIV), is binding unless it is overturned by a two-thirds vote of all members present at two consecutive meetings of the membership together with the ratification by a majority of the membership voting in a referendum.
A majority of the Executive Board shall constitute a quorum. The Executive Board shall meet at least twice a month at the call of the President or at the call of the majority of the Executive Board. The President shall be Chairman of the Executive Board and the Recording Secretary shall be the Secretary of the Executive Board.
The Chairman of the Executive Board shall not be required to vote on any issue or action to be taken by the Executive Board, except that he shall vote to eliminate any tie votes.
Any member of the Executive Board who accepts a position as an officer in any other association or organization of the Fire Department of the City of New York shall automatically vacate his office as an Executive Board member.
The Executive Board shall review the Reports of the Treasurer and the Recording Secretary not less than annually and at any other time as they shall determine. Any borrowing or lending by the UFA shall be submitted to a vote before the entire Executive Board, which may give approval by a simple majority vote.
The Executive Board shall have the duty to meet with designated City Officials to negotiate for the members of the UFA on all matters relating to the UFA’s collective bargaining agreement with the City.
At each meeting, the Executive Board shall review all bills and vouchers paid since the last meeting.
The Executive Board shall not enter into any contract for personal or professional services unless said contract contains a provision permitting unilateral cancellation upon 30 days’ notice.
The Executive Board shall have the right, but not the obligation, to hire a pension consultant. Said Pension Consultant shall assist the Executive Board on any and all matters regarding the pension rights of UFA members. The pension consultant shall, when authorized pursuant to the provisions of this Constitution, represent an officer of the UFA on the Board of Trustees of the New York Fire Department Pension Fund.
If any member of the Executive Board and/or the Fire Marshal Representative is suspended without pay, laid off or terminated by the City of New York for union activities, the UFA shall continue to pay his union salary and benefits until his term of office expires. In addition, upon the majority vote of the Executive Board, the UFA shall pay him the salary he was receiving from the City of New York until he is reinstated from said suspension, layoff or termination, or until his term of office expires, whichever occurs first.

The provisions of this Section 1(k) shall automatically expire one (1) year from their date of adoption, April 10, 2003, as part of this Constitution. However, they may be reinstated for an additional one (1) year period at any time upon a majority vote at any regular or special meeting of the membership.

Section 2. Executive Board Salaries

President 100% of a firefighter 1st grade
Vice President 50% of a firefighter 1st grade
Recording Secretary 50% of a firefighter 1st grade
Treasurer 50% of a firefighter 1st grade
Health & Safety Officer / Sergeant-at-Arms 40% of a firefighter 1st grade
Borough Trustee 35% of a firefighter 1st grade
Chairman, Board of Trustees 5% more than a Borough Trustee
A. Any UFA Executive Board Member elected to office in the IAFF must vacate his/her position in the UFA, if he continues in office in the IAFF for six months.

Article IX. Fire Marshals

Section 1. The Representative

There shall be a Fire Marshal Representative who shall sit as a voting member of the Executive Board Negotiating Committee only when the Committee is negotiating a contract for fire marshals.

Section 2. Election

The Fire Marshal Representative shall be elected for a three-year term and shall be nominated and elected in the same manner as the officers of the UFA except that only members of the Bureau of Fire Investigation in the title of Fire Marshal, of any duty and status, who are members in good standing are eligible to vote for or serve as Fire Marshal Representative.

Section 3. Duties

The Fire Marshal Representative shall keep the officers and Trustees of the UFA informed of all relevant issues relating to fire marshals.
The Fire Marshal Representative shall act as a liaison between fire marshals and the officers and Trustees of the UFA.
The Fire Marshal Representative shall perform all duties delegated by the President to the Fire Marshal Representative.

Article X. Delegates

Section 1. The Delegate

A. There shall be one Company Delegate and an alternate from each company, headquarters, or any special unit with ten or more regular members. The names of the Delegate and alternate shall be given to the Recording Secretary for registration.

Section 2. Duties

Delegates shall be recognized as the authorized representatives of their units and be responsible for assisting members and retired members in securing rights or benefits to which they are entitled under the collective bargaining agreement between the UFA and the City.
Delegates shall be responsible for posting all bulletins or notices concerning the affairs of the UFA. Delegates shall be responsible for completing any informational forms required for the business or activities of the UFA.
Delegates shall be responsible with respect to contract negotiations for polling all members of their company or units six months prior to the expiration of the present contract for submitting to their Battalion representative on the Negotiation Advisory Committee a list of demands in order of priority.
Delegates shall perform such duties as are delegated by the President to the Delegate.
It shall be the duty of each Delegate to attend the Seminar.

Section 3. Delegate’s Remuneration

A. Each registered delegate shall be paid $60.00 for every regular membership meeting attended. A lump sum payment shall be paid in the month of December for that year and it shall be sent out prior to the 20th day of December.

Article XI. Committees

Section 1. Regular and Special Committees

All regular committees and special committees with the exception of the Battalion Advisory Committee and the Delegate’s Advisory Committee for political action shall be appointed by the president. The president shall designate a chairman of each committee, or, in the absence of such designation, a chairman may be elected by a simple majority vote of the members of the committee.
There shall be a Constitutional Committee whose responsibility shall be to review, with the assistance of legal counsel, all proposed amendments to the constitution. This committee shall consist of fifteen (15) members in good standing, three from each borough, who shall be appointed by the President with the approval of the Executive Board and who shall stand for the same term as the Executive Board. The names and company numbers of all members of the committee shall be sent to all units no later than thirty days after the newly elected Executive Board takes office.
There shall be an Election Committee formed to oversee nominations, elections, and referendums as provided in Article VI, Section 5.
There shall be a Battalion Advisory Committee comprised of one (1) member in good standing from each Battalion. The Battalion Representative, known as, or referred to as, “Battalion Delegate” shall be elected by the respective delegates from only that particular Battalion which he/she shall represent. If a vacancy exists in the office of Battalion Delegate, any delegate within the applicable Battalion can call for an election of the Battalion Delegate by requesting same from the Borough Trustee. If no vacancy exists, any delegate can call for an election if he provides the Borough Trustee with a petition signed by a majority of delegates within the applicable Battalion seeking such election. When a Battalion Delegate election is to take place, the Borough Trustee shall notify all members within the Battalion, in writing, of their right to run for such office and shall give them at least twenty (20) days to submit their name for the ballot. Within ten (10) days after the completion of that submission period, the Borough Trustee shall mail ballots to all delegates within the Battalion naming the interested members. These ballots will then be mailed back to the Recording Secretary’s Office within 30 days with anonymity upheld. In the case where a tie occurs, the Trustee of that Borough shall cast the deciding vote. The Battalion Committee shall meet six (6) months before the expiration of the current Collective Bargaining Agreement to present and discuss the list of demands received from Company Delegates and thereafter at the discretion of the President, who shall report regarding matters pertaining to the Collective Bargaining of the UFA for discussion by the Committee.
There shall be a Delegate’s Advisory Committee for Political Action comprised of one member in good standing from each battalion. The battalion representative shall be chosen by the company delegates of each battalion. The committee shall meet at the discretion of the president and legislative chairman, but not less than one time per year. The president and legislative chairman shall report regarding matters related to, but not limited to, the political action efforts of the UFA for discussion by the committee.
The Battalion Advisory Committee shall also serve as the UFA Field Safety Committee. The Field Safety Committee shall meet twice each year, and at the call of the president and safety chairman who shall report to the Committee on specific matters related, but not limited to, safety issues affecting the membership.
There shall be a Scholarship Committee in accordance with Article XV, Section 4.
There shall be a Line of Duty Funeral Fund Committee in accordance with Article XV, Section 5.

Section 2. Members and Procedures

The President shall be an ex-officio member of all committees and may appoint other elective officers to act in this capacity.
The duty of the chairman of a committee shall be to call the committee together, but, if he is absent or neglects or declines to call the meeting of the committee it is the duty of the committee to meet on the call of any two of its members.
Members may request to appear before a committee in order to present their views before its deliberation but if such a request is made the chairman will appoint a specific time for such members to be heard. However, during the deliberation of a committee, no member shall be present unless designated as a member of that committee.
Committee meetings shall be conducted according to Robert’s Rules of Order, latest edition.
A committee shall not function in a designated capacity unless a quorum is present. Such quorum shall be a majority of the members of the committee, provided that with the exception of the Constitutional Committee the quorum may be a lesser number so decided by the majority of the committee at any meeting.
The members of special committees shall be appointed for the duration of the committee’s function.

Article XII. Dues & Assessments

Section 1. Basic Dues

Basic annual dues for active members shall be $33.00 per pay period.

UFA Scholarship Fund, Inc. – Assessment – In addition to basic dues, the sum of one dollar ($1.00) shall be deducted from each member’s bi-weekly paycheck to fund the UFA Scholarship Fund, Inc.
UFA Line of Duty Funeral Fund – Assessment – In addition to basic dues, the sum of one dollar ($1.00) shall be deducted from each member’s bi-weekly paycheck to fund the UFA Line of Duty Funeral Fund. However, effective January 1, 2013, and subject to annual review by the Line of Duty Funeral Fund Committee and the Executive Board of the UFA, said one dollar ($1.00) assessment shall be paid to the UFA Scholarship Fund. Payment of said one-dollar ($1.00) assessment may be reinstated to the Line of Duty Funeral Fund at any time by a majority vote of the Executive Board of the UFA.

Section 2. Dues Increases and Special Assessments

Dues shall be increased by constitutional amendment in accordance with the provisions of Article XVIII. However, any amendment to increase the dues of retired members must also include an increase in dues for active members.
Changes in initiation fees and reinstatement fees and special assessments may be made at a regular meeting of the membership by a two-thirds (2/3) vote. No special assessment shall be effective for a period of more than six (6) months.
Dues for retired and associate members who retired prior to January 1, 1971, shall be $7.50 per year. Dues for retired and associate members who retired between January 1, 1971, and December 31, 1999, shall be $18.00 per year. Dues for retired and associate members who retired on January 1, 2000, and thereafter shall be $60.00 per year.

Article XIII. Application for Membership

Section 1. Applications

All applications for membership shall be made to the Recording Secretary within eight months of appointment, accompanied by an initiation fee in the amount of ten ($10.00) dollars to avoid any late enrollment penalties, as defined in Section 3.
All Members will be enrolled in the UFA PAC Fund. Each Member can opt out by sending a certified letter expressing this intention to the Recording Secretary at 204 East 23^rd Street, New York, NY 10010.

Section 2. Probationary Firefighters

Probationary Firefighters shall not be deemed as active members of the UFA and shall not be entitled to all benefits until he/she has actively enrolled in the UFA.

Section 3. Opting into Membership

Non-UFA members can apply for Membership at any time after eight months of appointment, but must pay back all back dues, or the last three years’ dues, whichever is less, prior to receiving any benefit of UFA Membership.
A Member opting in after eight months of his/her appointment date will not be entitled to the benefit of the UFA Scholarship Fund for the same period of time that he/she was not a Member, or for a period of five (5) years, whichever is less.

Article XIV. Collective Bargaining

Section 1. Scope and Validity

There shall be a collective bargaining agreement between the UFA and the City of New York relating to all matters pertaining to employment conditions including but not limited to wages, hours, pensions, fringe benefits and working conditions.
The collective bargaining agreement between the UFA and the City of New York shall be effective only upon approval by the delegates and ratification by the membership in accordance with the provisions of this Article. These provisions apply to any and all collective bargaining agreements and any other agreement or document pertaining to employment conditions (e.g. wages, hours, pension, fringe benefits and working conditions, etc.), whether such document results from negotiations, mediation, impasse panel or arbitration award, except as to mandatory subjects imposed by impasse panel in accordance with law. No member, delegate or officer of the UFA may consent to any procedure other than as set forth below for a valid collective bargaining agreement, agreement, or other document pertaining to employment conditions.

Section 2. Negotiations

Negotiations and the proposed collective bargaining agreement between the UFA, and the City of New York shall be as follows:
1. The Executive Board shall represent the UFA in the negotiation of the collective bargaining agreement with the City of New York.
2. The President shall notify all members of the Executive Board of any meetings with the representatives of the City of New York for the negotiation of the collective bargaining agreement. No meeting can take place unless at least three members of the Executive Board are present.
3. A report of the Executive Board negotiating meeting(s) shall be given by the President to the entire Executive Board at its next meeting and shall also be given to the membership at the next regular or special meeting of the membership.
4. A proposed collective bargaining agreement shall be voted upon by the entire Executive Board only after each member of the Board has had the opportunity to be heard.
5. Upon approval by a vote of the majority of the Executive Board, a copy of the Memorandum of Understanding of the proposed Collective Bargaining Agreement; including all available Articles, all Negotiated Values for any benefits gained and/or concessions made and their associated line items. Schedules and Attachments; all legal/grievance docket numbers, should they be part of the Memorandum of Understanding, will include a brief description for each case number listed; and the vote of each member of the Executive Board shall be presented to the Battalion Advisory Committee. After discussion, a non-binding vote shall be taken for the purpose of informing the UFA membership of the committee’s position on the proposed collective bargaining agreement.
6. Upon approval by a vote of the majority of the Executive Board, a copy of the Memorandum of Understanding of the proposed Collective Bargaining Agreement; including all available Articles, Schedules and Attachments; and the vote of each member of the Executive Board shall be sent to each of the Delegates no less than 10 days prior to the special meeting of the Delegates, at which it will be discussed.
7. The proposed Collective Bargaining Agreement shall be voted upon by the Delegates in a roll call vote at a meeting to be held not less than 14 days after the special meeting of the delegates at which the written terms were discussed and shall be deemed approved if it receives the affirmative vote of the majority of the delegates present and voting at such meeting. If the proposed Collective Bargaining Agreement does not receive Delegate approval it shall be deemed rejected and the Executive Board shall resume negotiations.
8. Upon approval by the Delegates, a proposed collective bargaining agreement shall be submitted to the members for ratification within fifteen days. Only active members in good standing who are affected by the terms of the collective bargaining agreement shall be eligible to vote.

Section 3. Ratification

The vote of the membership for or against ratification of a proposed collective bargaining agreement shall be held in accordance with the following procedures:
1. The ratification vote shall be conducted by a professional balloting association. The balloting association shall mail (or e-mail, if the eligible member is on active military duty in accordance with Article VI, Section 4 (B)) the ballots to the membership at their residence (or military residence, in accordance with Article VI, Section 4 (B)). Such distribution date shall be at least five (5) but not more than fifteen (15) days after the regular or special meeting at which the proposed collective bargaining agreement was approved by the Delegates.
2. At least five days prior to the distribution date of the ballot, the Executive Board shall give written notice to the members of the following: A. the distribution date of the ballots; and B. the terms of the entire proposed collective bargaining agreement.
3. At least three days prior to the distribution date of the ballots the Recording Secretary shall give a certified list of all members eligible to vote to the balloting association.
4. The ballots shall be opened and counted by the professional balloting association on the fourteenth day following the day fixed for distribution of the ballots. Ballots received after that date shall not be counted. The decision of the Election Committee, as defined in Article VI, .Section 5, and Article XI (c) on questionable, void or mutilated ballots shall be final.
5. The proposed collective bargaining agreement shall be deemed ratified if approved by an affirmative vote of a majority of valid ballots counted by the balloting association.

Section 4. Impasse Arbitration

If negotiations fail to reach a settlement and an impasse is declared, the following procedures must be followed:
1. The designated labor attorney of record for the UFA must personally handle any and all aspects of the arbitration proceeding and his retainer agreement shall so provide. This must include all preliminary sessions, the actual arbitration hearing and any appeals, or legal challenges which may follow. Other partners or associates may assist the attorney of record during an arbitration proceeding.
2. Under no circumstances, can a partner or associate other than the designated attorney of record act as the sole representative of the UFA during the arbitration proceeding.
3. If the designated labor attorney is unable to represent the UFA at any time during the arbitration proceeding, then he shall seek an adjournment until he is again available.

Article XV. Finances & Funds

Section 1. Disbursements

All checks disbursing UFA funds must be signed by the President, the Treasurer, and the Chairman of the Board of Trustees.

A. Unless a surplus of unspent or uncommitted funds exists, the UFA is prohibited from spending in any quarter more than that quarters’ dues income, on either a cash basis or accrual basis. Furthermore, the UFA shall not, in any quarter make or incur any expenditures that when combined with that month’s commitments or expenditures shall cause the total to be more than the quarterly income on either a cash or accrual basis unless an uncommitted surplus exists.

Section 2. Funds

UFA shall have a general fund and a death benefit fund.

The general fund shall consist of the monthly and annual dues, all assessments other than death benefits assessments, and all other monies collected, donated or otherwise obtained but not specifically earmarked for the death benefit fund. Any gift or contribution made by the UFA must be approved by a majority of the Executive Board and any gift or contribution of $999.00 or more must be reported to the membership at the next regular meeting.
The death benefit fund shall consist of death benefit assessments of $.25 per month for active members. The death benefit fund shall be maintained at not less than $50,000.00. The funds of the death benefit fund shall be used exclusively for the payment of death benefits of covered members, except that the Recording Secretary may charge the death benefit fund on an annual basis for administrative and bookkeeping expenses incurred on behalf of the death benefit fund by the general fund.
The Executive Board shall have authority to have the death benefit fund self-insured by the UFA or paid under a group life insurance plan rated AAA by Best’s and underwritten by an insurance company licensed by the New York State Department of Insurance.
A death benefit of $250.00 shall be paid to retired members in good standing who retire before April 30, 1974. This benefit shall be paid to the person or persons designated as the beneficiary on the record as maintained in the UFA office.

Section 3. UFA Widows’ & Children’s Fund

A. There is a separate corporation known as the UFA Widows’ and Children’s Fund, the purpose of which is to assist widows of Firefighters who died while in active service and who are experiencing financial hardship; to lend a helping hand in providing health & welfare benefits and to assist in the education of their dependent children.

Section 4. UFA Scholarship Fund, Inc.

There is a separate corporation known as the UFA Scholarship Fund, Inc., the purpose of which is to provide financial support for the education of the spouses and children of UFA Members, active, retired, living and deceased.
The UFA Scholarship Fund shall be administered by a Scholarship Fund Committee consisting of the UFA President, the UFA Scholarship Chairman and one member from each borough designated by the Trustee of said borough. The Scholarship Fund Committee shall establish written guidelines for the use of said Fund.

Section 5. UFA Line of Duty Funeral Fund

The UFA shall establish a Line of Duty Funeral Fund which shall be funded by the assessment set forth in

Article XII Section 1(b).

The Line of Duty Funeral Fund shall be administered by a Funeral Fund committee consisting of the UFA President, the UFA Treasurer and one member from each borough designated by the Trustee of said borough.
The Funeral Fund Committee shall establish written guidelines for the use of said Fund to permit the attendance of uniformed representatives of the UFA at all IAFF line-of-duty funerals within the United States and Canada and at the ceremonial service at the IAFF Fallen Fire Fighter Memorial, located in Colorado Springs, Colorado. The guidelines shall also provide for attendance of UFA uniformed representatives at funerals and/or memorials for volunteer fire departments in the tri-state region. The guidelines shall further provide that the Fund may grant up to $4,000 to defray appropriate costs, including but not limited to the collation, associated with the death of an active UFA member and the administrative line-of-duty death of a retired UFA member.
The Executive Board of the UFA shall hire a salaried employee at the UFA office whose duties shall include but not be limited to making the necessary arrangements for attendance of UFA uniformed representatives at the aforesaid funerals/memorials. Said employee shall also serve as the UFA liaison to the families and firehouses of UFA members who have died in the line of duty. The salary of said employee shall be paid from the Line of Duty Funeral Fund.

Section 6. Educational Benefit

The UFA will reimburse out of its general fund up to $500 per credit any dues-paying member who attends an accredited Labor study course providing certain guidelines are met. Member or members applying must be “in good standing”. No member on any eligible list will be allowed to participate. In addition to Executive Board members, a maximum number of 12 members may be approved for reimbursement in any one semester and 24 in any calendar year. Any member seeking to take advantage of this program must notify and get approval from the UFA prior to enrolling for course or courses before reimbursement can be permitted. When notification to the UFA is given, it must be in writing and submitted to the President of the UFA and the Scholarship Chairman. The notification shall include specifics of the labor study material along with the total credits the course provides and the school that will be attended.

Tuition reimbursement will only be given to a member at the completion of the labor study course with documentation of a minimum of a “C” as a final grade. NOTE: There shall be an order of preference for members (other than Executive Board members) applying, providing more than the maximum of 12 submit for any semester. The order to be followed, by seniority within each category shall be: 1. Battalion Delegates, 2. Company Delegates, and 3. all other active UFA members. If there are less than 12 members applying in any one semester, then any member already approved will have the opportunity of being approved for multiple courses.

Section 7. UFA Committee on Political Education (UFA-COPE)

The UFA shall establish a Committee on Political Education (UFA-COPE) which shall be funded by a voluntary payroll deduction (active members) or pension deduction (retired members). Contributions are completely voluntary (members may opt-out at any time). Members are not required to give contributions to the UFA-COPE as a condition of membership in the UFA and may refuse to contribute without any reprisal.
The UFA-COPE is a separate fund from the UFA PAC. It is not restricted to donating to registered Political Action Committees of Candidates and Political Parties. Permissible expenditures include the following items as well as any other permissible expenditure allowed under Federal and NYS Laws.
1. Education
2. Banners
3. COPE clothing items, i.e. shirts, jackets, hats, etc.
4. Billboards
5. Radio and TV ads
6. Mailings
7. Postage
Voluntary contributions for active members shall be $2.00 per pay period. The voluntary contributions for retirees who retired after January 1, 1971 shall be $2.00 per month. Pre 1971 retirees shall not make Fund contributions.

Article XVI. Delinquency

Section 1. Membership

Members shall be suspended from the UFA if they are three months in arrears in dues payments or assessments. Members will be dismissed from the UFA if they are six months in arrears in dues. A member who is suspended is no longer a member in good standing.

Section 2. Death Benefits Rights

Any member failing to pay the initiation fee, three monthly dues, three death benefit assessments, or any combination of the three shall lose his or her death benefit. For purposes of determining death benefit rights a member shall be considered in good standing if at the time of death, the member is not in arrears for dues and assessments for thirty days prior to such time of death. No person shall be deemed delinquent for failure to make payments, if that person is in active military duty or under suspension by the Fire Department.

Section 3. Employment or Volunteering as a Firefighter

Any UFA member found working a secondary job as a paid-on-call firefighter for a non-profit corporation, or private fire protection or emergency medical services to a city, county, municipality, or fire protection district as a volunteer, reserve, part-time, part paid, firefighter, where such employment jeopardizes an IAFF affiliate, may be declared “a member not in good standing.”
A member not in good standing shall not be eligible for UFA Group Insurances and other group rates to members of the UFA. In addition, their names shall be published in official union notification, no less than once a year.

Section 4. Violations of Section 3

No member shall be found in violation of Section 3 above except upon written charges setting forth the alleged facts of the violation;
1. The charges must be delivered to the member charged and the Recording Secretary of the UFA in advance of the first general meeting of the membership at which the charges are to be read.
2. A special committee, consisting of one Delegate from each borough selected by the UFA President shall be convened, and undertake a full investigation in order to make a recommendation at said first general meeting at which the charges are to be read.
3. Said special committee shall be appointed by the President within 10 days of the receipt of charges by the Recording Secretary and shall complete its investigation no later than 30 days after having been formed. The charges shall be initially considered at the first general membership meeting held after the committee completes its investigation.
Both the member bringing the charges and the member charged shall have an opportunity to present an oral statement and any written material relevant to the issue at each general membership meeting where the charges are read.
No member may be found in violation of Section 3 of this article except upon an affirmative vote of 2/3 of those present and voting at two consecutive general membership meetings where the charges must be read.

Article XVII. Reinstatement

Active members who have become delinquent shall be reinstated upon the payment of all back dues and assessments. Associate and retired members in arrears (one year or less) may be reinstated (by the Executive Board) upon the payment of all back dues and assessments. A reinstatement fee of $10 will be imposed on all members seeking reinstatement by the UFA from suspension.

Article XVIII. Amendments

Section 1. Authority

The Constitution may be amended by a vote of not less than two-thirds of the members eligible to vote except that amendments affecting the composition or term of office of the Executive Board or dues shall be valid only if these amendments are thereafter approved by a majority of the membership in a referendum vote of the entire membership.

Section 2. Form of Amendment

Any proposed amendment to this Constitution shall be in writing, typed, double spaced and on one side of a sheet of paper submitted by the proposer. Amendments must include the name and company number of the proposer and/or title if the proposer is a member of the Executive Board.

Section 3. Manner of Proposal and Approval

The proposed amendment may be voted upon only at the November meeting of the UFA, or, in the case of an emergency as outlined below in paragraph B, emergency amendments may be voted upon at a UFA General Membership Meeting.
A proposed amendment shall be submitted to the Recording Secretary by September 1 for the November meeting. The proposed amendment shall be listed on two (2) consecutive notices of meeting as set forth in Article IV, Section 1. The notice shall contain the entire proposed amendment including the identity of the proposer. In case of an emergency as determined solely in the discretion of the Executive Board by majority vote of said Board, the Board may propose an amendment at any time. Said proposed emergency amendment shall be listed on two (2) consecutive notices of meeting as set forth in Article IV, Section 1. The notices shall contain the entire proposed emergency amendment and the fact that it was proposed by majority or unanimous vote of the Executive Board.
Prior to the publication of the proposed amendment, the Recording Secretary shall convene two (2) meetings of the Constitution Committee and Counsel. The proposer of any amendment must be given at least 10 (ten) days written notice of said meetings and the proposer or a representative, as appointed in writing by the proposer, must be present at said meetings for consideration of his/her amendment. If said proposer/representative is not present, then the amendment must be re-submitted. At the meetings the proposed amendment shall be reviewed and may be amended by the proposer or his/her chosen representative. The second meeting of the Constitution Committee shall not be held if, at the first meeting of its Committee, it has taken final action on all proposed amendments. The Constitution Committee shall, prior to membership vote on the proposed amendment, report its recommendation on the proposed amendment to the membership at the next meeting, at which time the proposed amendment may be voted upon. The Recording Secretary shall also give each member of the Constitution Committee at least 10 (ten) days written notice of Committee meetings. Said notice shall include copies of all proposed amendments.
The Executive Board shall, prior to voting on the proposed amendments, consider the proposed amendment and the President shall report the Executive Board’s recommendation to the membership at the next meeting where the proposed amendment may be voted upon. The report shall include the vote of each member of the Executive Board on the proposed amendment.
No meeting may be adjourned before the membership votes to accept or reject a proposed amendment.
All amendments shall take effect on the date of their approval unless otherwise specified in the amendment. The Recording Secretary shall keep a record of all amendments and the date of the approval.

Article XIX. Referendums

Section 1. Definition

A referendum vote is a vote of the entire membership eligible to vote. It shall be conducted by secret, printed ballot (or e-vote, if the eligible member is on active military duty in accordance with Article VI, Section 4 (B)) under the direction of a professional balloting association hired by the Executive Board.

Section 2. Voting List

A list of members eligible to vote shall be certified by the Recording Secretary not less than 30 days prior to the date of the referendum and ballots shall not be issued to members appointed after that date.

Section 3. Balloting

Shall be done in the manner set forth in Article VI, Section 3 (b)-(d).

Section 4. Matters Subject to Referendum Vote

A referendum vote shall be held for the following:

The election of the Executive Board;
An amendment changing the composition of the Executive Board;
A change in the term of office;
A change in the amount of the dues;
The collective bargaining agreement;
The removal of officers.

Article XX. Rules of Order

Section 1. In the Absence of Other Authority

In the absence of other authority, the deliberations of the UFA shall be governed by Robert’s Rules of Order, latest edition.