The International President
Section 1. The International President shall be the chief executive and administrative officer of the Federation, and shall conduct the affairs of the Federation in accordance with this Constitution and in accordance with policy decisions of the Convention and the International Executive Board. The International President shall, with the approval of the International Executive Board, procure suitable offices for the transaction of Federation business. The International President shall, under policies established by the International Executive Board, employ, terminate, fix the compensation and expenses, and direct the activities of such office staff, administrative assistants, technical and professional assistants, field staff, organizers and representatives as are required to carry out effectively the functions of the International President's office. The International President shall, with the approval of the International Executive Board, engage such technical and professional services, including legal counsel, as may be required. The International President shall report regularly to the International Executive Board on all official actions taken. The responsibility of the International President may not be delegated, but the International President may delegate to a person or persons the execution of such duties as the International President may deem warranted, subject to the limitations of this Constitution. The International President shall sign all checks, authorizations for expenditures, contracts, and other official documents of this Federation. The International President may, with the approval of the International Executive Board, designate a deputy or deputies to sign such documents instead. The International President and any authorized deputy or deputies shall be covered by surety bonds in amounts to be determined by the International Executive Board and at the expense of the Federation. The minimum bond shall be not less than 10 percent of the assets handled by the Federation annually, except that no bond shall be required in an amount greater than $500,000.
Section 2. The International President shall be elected at the 1972 regular biennial convention and at every second regular biennial convention thereafter. The International President shall receive a minimum annual salary of $37,500 and shall receive expenses in accordance with policies established by the International Executive Board.
Section 3. The International President shall be the presiding officer at all conventions, but may call any delegate to preside instead. The International President shall, at each convention, present a written report to the delegates concerning the President's activities during the period since the preceding convention. Prior to the convention, the International President shall, with the approval of the International Executive Board, appoint a Credentials Committee, a Committee on Rules and Order of Business, a Constitution Committee, a Sergeants-at-Arms Committee, and such other committees as shall be authorized by the Executive Board, designating one member of each committee as the Chairperson. At the Convention, the International President shall, with the approval of the International Executive Board, appoint any additional committees required under the rules of the convention, designating one member of each committee as Chairperson, and any special committees and the Chairpersons thereof required by any resolution adopted by the Convention, unless such resolution provides for a different method of appointment. At each convention at which elections are to be held, the International President, with the approval of the International Executive Board, shall appoint a Committee on Elections, designating one member of the Committee as Chairperson. The International President shall be an ex-officio member of all convention committees, except the Credentials Committee and the Committee on Elections, and of any interim committees that may be established by the Convention.
Section 4. The International President shall preside at all meetings of the International Executive Board, but may call any other member of the International Executive Board to preside instead. The International President shall serve as Chairperson of the Executive Committee, as Chairperson of the Finance Committee, and as an ex-officio member of all other committees of the International Executive Board.
Section 5. In advance of each fiscal year, the International President shall submit to the International Executive Board a proposed budget for the coming year, setting forth the anticipated income and the source thereof and the anticipated expenditures and their purposes. A copy of the proposed budget shall be transmitted to the International Secretary-Treasurer at least one week prior to its submission to the International Executive Board. The proposed budget shall be subject to revision and approval by the International Executive Board. Insofar as possible, the International President shall adhere to the budget adopted by the International Executive Board.
Section 6. The International President, subject to the approval of the International Executive Board, shall issue charters to subordinate bodies of the Federation and shall, subject to an appeal to the International Executive Board, determine all matters relating to the jurisdiction and proper affiliations of subordinate bodies. The International President, subject to the approval of the International Executive Board, shall have the authority to negotiate and consummate, on such terms and conditions as the President considers appropriate, mergers or consolidations with organizations representing public employees or other appropriate groups of workers. The terms and conditions of such mergers or consolidations may include waiver of other provisions of this Constitution for such merging organizations for such periods of time as shall be set forth in the agreement of merger or consolidation.
Section 7. The International President shall have the power to direct the International Secretary-Treasurer to conduct an examination and audit of the books and accounts of subordinate bodies, whether chartered or not, including any books and accounts concerning health and welfare, pension, insurance or other benefit programs covering members of such subordinate bodies, at any time. The International Secretary-Treasurer, either in person or by designee, shall undertake such examination and audit as promptly as possible. In appropriate cases, the International President may direct that the authority to conduct such examination and audit be delegated to the council with which such subordinate body is affiliated, or, in the case of a subordinate body of a local union that is not affiliated with a council, to such local. When such a delegation is made, the costs of the examination and audit shall be the responsibility of the International Union, unless the audit is requested by the council or local to which the delegation is made, in which case such council or local shall be responsible for the costs. The results of the examination and audit, and any written report, shall be transmitted to the International President as promptly as possible.
Section 8. The International President shall have authority to make interpretations of this Constitution, subject to appeal to the International Executive Board.
Section 9. The International President shall be a delegate to all conventions of the American Federation of Labor and Congress of Industrial Organizations.
Section 10. The International President, with the advice and consent of the International Executive Board, may initiate, edit and manage a publication which shall be the official publication of the Federation. Title of any such publication shall be vested in the American Federation of State, County and Municipal Employees. A copy of the official publication shall be furnished to each member.
Section 11. As soon as practicable following the adoption of this language by the 1972 biennial convention, the International President shall, with the advice and consent of the International Executive Board, appoint a member of the Federation to serve as Chairperson of the Judicial Panel and eight other members of the Federation to serve as members of the Judicial Panel. Except as provided below, the terms of persons appointed in 1977 shall expire in 1980, and the terms of those members appointed in 1978 shall expire in 1981. Of those persons appointed to the Judicial Panel in 1980, three shall serve terms expiring in 1982 and three shall serve terms expiring in 1983. At any general meeting of the International Executive Board during the year in which a panel member's term is scheduled to expire, the International President shall, with the advice and consent of the International Executive Board, reappoint such member or appoint a successor. No two members of the Judicial Panel shall be members of local unions in the same Legislative District, as established in Article IV, Section 27 of this Constitution. At least three members of the Judicial Panel shall be from Legislative Districts located east of the Mississippi River and at least three members of the Judicial Panel shall be from Legislative Districts located west of the Mississippi River. No member of the International Executive Board and, except as provided in Article XI of this Constitution, no salaried employee of the International Union shall serve on the Judicial Panel.
Section 12. The International President, subject to the general direction of the International Executive Board, shall travel wherever required in the carrying out of the duties and responsibilities of the office.
Section 13. Notwithstanding any other provision of this Constitution, the International President shall have the authority to order the immediate suspension, pending full investigation, of officers and staff employees of any subordinate body who, in the opinion of the International President, are engaged in conduct imminently dangerous to the welfare of the International Union or a subordinate body. Such action shall not affect the membership rights of an officer or staff employee so suspended. In all such cases, the International President shall immediately notify the members of the International Executive Board of such action, which shall be automatically reviewed and approved or disapproved by the International Executive Board, whether or not it is formally appealed to the Board. In any such situation, the order of the International President shall be in effect for no more than thirty days, and may not be renewed unless formal charges have been filed against the officer or staff employees so suspended within the thirty-day period.
Section 14. If a vacancy occurs in the office of International Secretary-Treasurer, the International President shall designate a member of the Federation to act as International Secretary-Treasurer until such time as the vacancy in office is filled as provided in this Constitution.
Section 15. The International President shall perform such other duties as may be required by this Constitution.
Section 16. The International Executive Board shall elect, in the same manner provided for the filling of a vacancy in the office of International Secretary-Treasurer, a temporary replacement for the International President should the President become temporarily incapacitated, except that, for the purpose of this election, the functions normally performed under Article VIII, Section 12, by the International President, shall be performed by the International Secretary-Treasurer. Such temporary replacement shall be selected if (1) the International President notifies the International Executive Board that, for reasons of health, the President is unable to perform the duties of that office or (2) the International Executive Board so finds, by a two-thirds vote of those voting after a full hearing. If the International Secretary-Treasurer is elected as temporary replacement for the International President, a temporary replacement for the International Secretary-Treasurer shall be elected in the same manner provided for the filling of a vacancy. Upon notification by the International President that the International President is able to perform the duties of that office or upon request by any member of the International Executive Board, a hearing shall be held by the International Executive Board to determine whether the International President is capable of resuming the duties of that office. Should the International Executive Board, by a majority vote, find the International President capable of performing the duties of that office, the International President shall immediately resume such duties. If the International Secretary-Treasurer temporarily replaced the International President, the International Secretary- Treasurer shall immediately resume the duties of the office of International Secretary-Treasurer.
The International Secretary-Treasurer
Section 1. The International Secretary Treasurer shall be the chief financial and recording officer of the Federation. The International Secretary-Treasurer shall receive and receipt for all monies of the Federation. The International Secretary-Treasurer shall maintain properly and have custody over all documents of the Federation and all other documents and papers pertaining to the Secretary- Treasurer's office and conduct correspondence necessary in the administration thereof. The International Secretary-Treasurer shall, in the name of the American Federation of State, County and Municipal Employees, deposit in open account in a bank or banks in which deposits are guaranteed by the Federal Deposit Insurance Corporation all funds of the Federation not in certificates of deposit or invested in interest-bearing securities, and money so deposited shall be withdrawn only by check. The International Secretary-Treasurer shall be responsible for supervising and directing the activities of the Secretary-Treasurer's office in accordance with the provisions of this Constitution and under the policies established by the International Executive Board. The International Secretary Treasurer shall, in conjunction with the International President, prepare an annual budget and arrange for the employment of such personnel as may be required to carry out the functions of the Secretary-Treasurer's office. The International Secretary-Treasurer shall prepare checks for the payment of all liabilities of the Federation which have been approved in writing by the International President and which are for purposes authorized or required by this Constitution or authorized by the convention or the International Executive Board, and none other. The International Secretary-Treasurer shall countersign all checks so prepared. The International Secretary-Treasurer may, with the approval of the International Executive Board, designate a deputy or deputies to sign instead. The International Secretary-Treasurer and any authorized deputy or deputies shall be covered by surety bonds in amounts to be determined by the International Executive Board and at the expense of the Federation. The minimum bond shall be not less than 10 percent of the assets handled by the Federation annually, except that no bond shall be required in an amount greater than $500,000.
Section 2. The International Secretary Treasurer shall be elected at the 1972 regular biennial convention and at every second regular biennial convention thereafter. The International Secretary-Treasurer shall receive a minimum annual salary of $32,500 and shall receive expenses in accordance with policies established by the International Executive Board.
Section 3. The International Secretary Treasurer shall serve as Secretary at all conventions, and in such capacity shall:
A. Issue a convention call, in the name of the International Executive Board, not less than seventy-five days prior to the opening of any convention. Such call shall state the time, date and place of the Convention and, in the case of a special convention, the purpose or purposes. The Secretary-Treasurer shall send a copy of the call to all subordinate bodies, together with the appropriate number of blank credential forms. The Secretary-Treasurer shall read the call to the delegates at the opening session of the Convention.
B. Receive in advance of the Convention all credentials. Such credentials shall be stamped as to the date of receipt, attached to the envelope in which they were received, and submitted to the Credentials Committee.
C. Make available to the Credentials Committee a report on the month-by-month per capita tax payments of each local union for the twelve consecutive months ending with the fourth full month preceding the opening of a regular or special convention.
D. Receive in advance of the Convention all proposed resolutions, including proposals to amend the Constitution. The Secretary-Treasurer shall make copies of all such resolutions available to the delegates and shall properly identify those who submitted the resolutions; except that no resolution received after the twentieth day prior to the opening of the Convention, unless postmarked on or before the twentieth day prior to the opening of the Convention, shall be considered introduced unless consent is given by a two-thirds vote of the Convention or unless it is introduced by the International President or the International Executive Board. The International Secretary-Treasurer shall distribute to all members of the International Executive Board copies of any proposals to amend the Constitution as quickly as possible after receiving any such proposals.
E. Maintain an accurate record of the Convention proceedings and distribute copies of such record to all convention delegates and to all subordinate bodies as soon as practicable after the Convention.
Section 4. The International Secretary Treasurer shall, at each convention, present a written report to the delegates concerning the Secretary-Treasurer's activities during the period since the preceding convention, which report shall include a financial report for any fiscal year or years which have ended during such period. The fiscal year shall begin on January 1st and end on the last day of December.
Section 5. The International Secretary Treasurer shall serve as Secretary of the International Executive Board, and shall keep accurately the minutes of each meeting of the International Executive Board. Copies of the minutes shall be submitted to each member of the International Executive Board as soon as practicable after each meeting. The minutes, in summary form, shall be sent to each local union, unless, in the opinion of the International Secretary-Treasurer, the proceedings of the meeting have been adequately reported in the official publication of the Federation.
Section 6. The International Secretary Treasurer shall serve as Secretary of the Executive Committee and of the Finance Committee, and shall submit copies of the minutes of all meetings of both committees to each member of the International Executive Board within one week of adjournment of such meetings.
Section 7. The International Secretary Treasurer shall receive from the International President a copy of the proposed annual budget at least one week in advance of its submission to the International Executive Board. The International Secretary-Treasurer shall submit to the International Executive Board, in writing, any criticisms, objections or comments on the budget deemed necessary or proper at the time it is submitted to the International Executive Board. The International Secretary-Treasurer shall promptly report to the International Executive Board any major deviation from the approved budget.
Section 8. The International Secretary Treasurer shall prepare (1) a monthly financial report, which shall be submitted to each member of the International Executive Board, and (2) a quarterly financial report, which shall be submitted to each member of the International Executive Board and to each subordinate body.
Section 9. The International Secretary-Treasurer shall make available for inspection at International Headquarters at all reasonable times, to any International officer or to the duly authorized representative of the International President or of any subordinate body, all books and records, including minutes of any meeting of the International Executive Board, which are in the Secretary-Treasurer's custody. All financial records of the International Union shall be retained, in their original form, for a minimum of six years from the date of such records.
Section 10. All accounts of the Federation shall be audited immediately following the close of each fiscal year, or, at the direction of the International President, the International Secretary-Treasurer, or the International Executive Board, at more frequent intervals, by a Certified Public Accountant, who shall be appointed by the International Secretary Treasurer with the approval of the International Executive Board. The audit report shall be transmitted to the International President, the International Secretary-Treasurer, and each International Vice President, and to each subordinate body as promptly as possible after completion of the audit.
Section 11. The International Secretary Treasurer shall be a delegate to all conventions of the American Federation of Labor and Congress of Industrial Organizations.
Section 12. The International Secretary Treasurer is authorized, with the approval of the International Executive Board, to improve the bookkeeping system of the Federation and to prescribe minimum standards for the maintenance of financial records for subordinate bodies, including financial records concerning any health and welfare, pension, insurance or other benefit programs covering members of such subordinate bodies. Whenever any such minimum standards have been adopted and approved, subordinate bodies shall be obliged to meet such standards. The International Secretary-Treasurer shall require an annual report from each subordinate body, on forms to be supplied by the International Secretary-Treasurer's office. Such report shall be in sufficient detail as to indicate whether or not the prescribed minimum standards are being met. Each council and each local union with 2,000 or more members shall adopt an annual budget in advance of its fiscal year, which shall set forth the anticipated income and the sources thereof and the anticipated expenditures and their purposes. Each council and each local union with 2,000 or more members shall be required to submit a copy of its budget to the International Secretary-Treasurer within ten days after its adoption and to promptly notify the International Secretary-Treasurer of any major modifications in, or deviations from, the budget as originally submitted. Each council and each local union with 2,000 or more members shall be required to prepare quarterly financial statements which shall include a balance sheet and an operating statement, a copy of which shall be submitted to the International Secretary-Treasurer. The International Secretary-Treasurer is authorized, with the approval of the International Executive Board, to prescribe minimum standards for the form and content of such quarterly financial statements, and each council and each local union with 2,000 or more members shall be obligated to meet such standards.
The provisions of Article IX, Section 26 of this Constitution establish the parameters of AFSCME's Affiliate Audit and Review Program. The documentation required above shall not be eliminated or replaced by documentation submitted in conjunction with the annual Affiliate Audit and Review visit.
Section 13. The International Secretary-Treasurer shall have the power, either in person or by designee, to examine and audit the books and accounts of subordinate bodies, including any books and accounts concerning health and welfare, pension, insurance or other benefit programs covering members of such subordinate bodies at any time. Immediately upon the initiation of any such examination and audit, the International Secretary-Treasurer shall notify the International President that such action has been taken. The results of any such examination and audit, and any written report, shall be transmitted to the International President as promptly as possible.
Section 14. The International Secretary-Treasurer shall be responsible for maintaining current files on all claims which have been filed with regard to any officer or employee of the Federation or any subordinate body under the Union's surety bond coverage. Whenever the International Secretary-Treasurer receives notice that surety bond claim has been paid with regard to any individual for acts or omissions committed while such person was an officer or employee of the Federation or any subordinate body, the International Secretary-Treasurer shall immediately refer the matter to the Judicial Panel for proceedings to be held in accordance with the provisions of Articles X and XI of this Constitution. In any such proceeding, the International Secretary-Treasurer shall make available to the Judicial Panel all relevant documents and information in the possession of the International Union.
Section 15. If a vacancy occurs in the office of International President, the International Secretary-Treasurer shall assume the duties and responsibilities of the International President until such time as the vacancy in office is filled as provided in this Constitution.
Section 16. The International Secretary Treasurer shall perform such other duties as may be requested by the International President or required by the International Executive Board or by this Constitution.
The International Vice Presidents
Section 1. International Vice Presidents shall be elected from each Legislative District, as established in Article IV, Section 27, of this Constitution, by the convention delegates from such Legislative Districts, at the 1972 regular biennial convention and at every second regular biennial convention thereafter.
Section 2. It shall be the duty of each International Vice President:
A. To attend and participate in all conventions of the Federation held during such Vice President's term of office.
B. To attend and participate in all meetings of the International Executive Board.
Section 3. Each International Vice President shall have the authority:
A. To serve on any committees of the International Executive Board to which such Vice President may be elected or appointed.
B. To perform such other duties as may be requested by the International President or the International Executive Board.
Section 4. No International Vice President shall become a salaried employee of the Federation without first resigning as an International Vice President. No salaried employee of the Federation shall be an International Vice President.
Section 5. If vacancies exist in the office of International President and the office of International Secretary-Treasurer simultaneously, the most senior International Vice President alphabetically shall temporarily assume the duties and responsibilities of the International President until such time as the vacancy in office is filled as provided in this Constitution and shall issue a call for a special convention to fill the vacancy in that office as provided in this Constitution.
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