PREAMBLE

We, the members of the William Nichols F.O.P. Lodge #8, agree:

To support and defend the Constitution of the United States and the State of Florida; to inculcate loyalty and allegiance to the United States of America; to promote and foster the impartial enforcement of law and order; to improve the individual and collective proficiency of our members in the performance of their duties; to encourage fraternal, educational, charitable and social activities among all law enforcement officers; to advocate and strive for uniform application of the civil service merit system for appointment and promotion; to support the improvement of the standard of living and working condition of the law enforcement profession through every legal and ethical means available; to create and maintain a tradition of esprit de corps ensuring fidelity to duty under all conditions and circumstances; to cultivate a spirit of fraternalism and mutual helpfulness among our members and the people we serve; to increase the efficiency of the law enforcement profession and thus more firmly to establish the confidence of the public in the service that is dedicated to the protection of life and property.

All terms used herein to denominate gender shall be generic and, whenever appropriate, the singular shall include the plural and the plural shall include the singular.

ARTICLE 1

NAME

Section 1. This organization shall be known as the William Nichols Lodge #8 (Miami Beach), Fraternal Order of Police, and the "Lodgia"

Section 2. The Florida State Trustee shall police the trademark of the Order.

Section 3. The Lodge, by virtue of its affiliation with the Grand Lodge and the State Lodge, shall have the right to use the name, insignia, emblem and mark, trademark or service mark of the Fraternal Order of Police in order to signify or denote their affiliation therewith. In the case of prospective for profit use of the name, insignia, emblem or mark, trademark, service mark of the Fraternal Order of Police, or such other use that may place such State or subordinate lodge in competition with the Grand Lodge, such permission may be withheld by the National Board of Trustees.

ARTICLE 2

DEFINITIONS

Section 1. As used herein, the following terms, phrases or words shall be defined as follows:

A. “Elected/Appointed Law Enforcement Officer” shall mean for purposes hereof any law enforcement officer who meets the qualifications in this Constitution or who by law is exempted from meeting the minimum training standards.

B. “Full-time employed” shall mean law enforcement officers that are engaged in such employment as their full-time occupation.

C. “Good cause” shall mean nonfeasance, malfeasance, dishonesty, or refusal to carry out the will of the Executive Board or the Membership.

D. Jurisdiction shall be the territorial range of authority or control, where the Lodge is located. Disputes over jurisdiction, because of membership and solicitation, shall be settled by District 6. All decisions are appealable to the State and the National Lodge.

E. “Member in good standing” in respect to the Lodge, shall mean a member who fulfilled all requirements of membership in good standing in this Lodge and for whom appropriate per capita tax has been paid to the State and Grand Lodge. F. “Board of Directors, also known as the Executive Board” shall refer to the collective body consisting of the President, Immediate Past President, each of the Active Past Presidents,

the First and Second Vice-Presidents, the Secretary, the Treasurer, Sergeant-at-Arms the Inner and Outer Guards, the Chaplain, the State trustee, and three (3) Lodge Trustees. Any member of this lodge that is selected to either the State or National Board would also be part of the Board of Directors also know as the Executive Board. G. “Past President” shall be defined as any person elected to the office of President by the membership and who served not less than one (1) full term and was not removed from office. H. “Regularly Appointed Law Enforcement Officer” shall mean, for purposes hereof, any law enforcement officer who meets the minimum standards, has received the training and education required by the United States, the State, the political subdivision or agency by which they are employed or appointed, and is granted arrest powers. I. “Bargaining Unit Members” shall mean all members of the Miami Beach Police Department that are covered under the Bargaining Agreement with the City of Miami Beach and recognized by the Florida State Public Employees Relations Commission (P.E.R.C.).

ARTICLE 3

CHARACTER

Section 1. The Lodge is an organization consisting of professional full time law enforcement officers.

Section 2. The Lodge is a fraternal organization composed of professional law enforcement personnel who have joined together for their common good.

A. In no event shall the Lodge join or be controlled by any labor organization provided, however, that this section shall not prohibit cooperative efforts by the Lodge with labor organizations for their common good.

Section 3. The Lodge shall not strike or by concerted action cause a cessation of the performance of police duties or induce other members or lodges to do likewise.

Section 4. This Constitution shall be the fundamental law of the Order and, with the Rituals adopted and such By-Laws as may be adopted from time to time, shall govern the conduct of the Lodge and all its members

Section 5. There shall be By-Laws which shall govern the day-to-day operation and administration of the Lodge. The By-Laws of the Order may be promulgated, amended or

revised by a vote of two-thirds (2/3) of the membership in attendance voting at a General meeting after proper notice has been posted.

ARTICLE 4

OBJECTS AND PURPOSES

Section 1. This organization is formed for the purpose of bettering existing conditions of law enforcement by solidifying their unity and promoting their mutual welfare in this State and nationally through our affiliation with the National Order.

Section 2. It shall be the duty of this organization to be always on the alert at all sessions of the Miami Beach City Commission and the Florida Legislature to promote the interest of law enforcement officers and work for the passage of laws of benefit to law enforcement.

Section 3. It shall be the duty of this organization to see that all laws protecting law enforcement officers are upheld.

Section 4. The Lodge Officers shall have the power to act in all matters pertaining to the welfare of this organization.

Section 5. The Lodge advocates pensions for law enforcement officers and will continue to work for the establishment of better pensions or relief for the law enforcement officers.

Section 6. The William Nichols Lodge, Fraternal Order of Police is an organization of law enforcement officers sworn to enforce the law under all circumstances.

Section 7. The William Nichols Lodge, being recognized by the Florida Public Employees Relation Commission, is the Bargaining Agent for ALL terms and conditions of employment for those members covered under the Bargaining Agreement.

Section 8. The William Nichols Lodge is the exclusive representative for all terms and conditions involved in the Miami Beach F.O.P. Health Trust.

ARTICLE 5

MEMBERSHIP 

Section 1. Any regularly appointed or elected and full time employed law enforcement officer of the United States, any State of political subdivision thereof, or any agency, may be eligible for membership in the Fraternal Order of Police, subject to provisions of this Constitution. No person shall be denied membership on account of race, religion, color, creed, gender, age or national origin.

Section 2. Subject only to the provisions of this Constitution, this Lodge shall be the judge of its membership. This Lodge shall establish requirements for membership in good standing for its respective membership, which requirements shall not be inconsistent herewith.

Section 3. There shall be three (3) classes of membership: Active, Retired and Honorary.

A. Active Membership –

1. Shall include retired regularly appointed or elected law enforcement officers.

2. May include retired regularly appointed or elected law enforcement officers.

3. May include, subject to the approval of the State Lodge Board of Trustees and this Lodge, regularly appointed or elected law enforcement officers who have resigned from their law enforcement duties and who have remained in good standing with this Lodge.

4. Only bargaining unit members may vote on matters of collective bargaining or hold office.

5. All active members may vote on fraternal issues.

B. Retired Membership – shall be comprised of regularly appointed or elected law enforcement officer who withdraw from active membership upon or after retirement.