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Article VIII - The International Executive Board

Section 1. The International Executive Board shall be the highest legislative and policy-making body of this Federation except when the Convention is in session. The International Executive Board shall possess all the legislative and policy-making authority of the Convention except the power to amend the Constitution and the power to act as the final authority on administrative appeals. The International Executive Board shall have the authority to make binding interpretations of this Constitution, and the rulings and decisions of the Board shall remain in full force and effect unless reversed by the Convention. The International Executive Board shall be composed of the International President, who shall serve as Chairperson; the International Secretary-Treasurer, who shall serve as Secretary; and all International Vice Presidents. Except as otherwise provided in Section 12 of this Article, each member of the International Executive Board shall have one vote on all matters on which a vote is taken. The Chair of the AFSCME Retiree Council shall, by virtue of holding that position, serve as the representative of the Retiree Council to the International Executive Board, and shall be entitled to attend and participate in meetings of the Board, with voice, but no vote, on matters coming before the Board.

Section 2. The International Executive Board shall meet immediately following final adjournment of the Convention, and shall hold at least four general meetings in each year. During any convention year, the International Executive Board shall hold one general meeting immediately preceding the Convention. Meetings will be held on the call of the International President or on call of a majority of the members of the International Executive Board upon written notice to the International President. A majority of the members of the International Executive Board shall constitute a quorum for the transaction of business. The International Secretary-Treasurer shall give reasonable notice of the time and place of all general meetings to all subordinate bodies. Such matters as subordinate bodies desire to present to the International Executive Board at these meetings shall be communicated in writing to the International President and the International Secretary-Treasurer. In addition to the four general meetings, special meetings may be called upon reasonable notice by the International President or by a majority of the members of the International Executive Board upon written notice to the International President. All meetings of the International Executive Board shall normally be open to all members of the Federation. Meetings may be closed if the Board decides, by majority vote, that serious injury or damage might otherwise be done to the Federation or any individual.

Section 3. The International Executive Board shall create from its membership an Executive Committee. The Executive Committee shall be composed of the International President, who shall serve as Chairperson; the International Secretary-Treasurer, who shall serve as Secretary; and three other members, who shall be elected by and from the members of the International Executive Board. The Executive Committee shall meet on the call of the International President. Except as hereafter limited, the Executive Committee shall have the power to act on all matters on which the International Executive Board is empowered to act, subject to the approval of the International Executive Board at its next meeting. The Executive Committee shall not have the power to levy special assessments or to fill vacancies in the membership of the International Executive Board.

Section 4. The International Executive Board shall create from its membership a Finance Committee. The Finance Committee shall be composed of the International President, who shall serve as Chairperson; the International Secretary-Treasurer, who shall serve as Secretary; and three other members, who shall be elected by and from the members of the International Executive Board. Except for the International President and International Secretary-Treasurer, International Executive Board members who are members of the Executive Committee shall be ineligible to serve on the Finance Committee. The Finance Committee, in the name of the American Federation of State, County and Municipal Employees, shall have authority to invest funds of the Federation in interest-bearing securities of the United States Govern-ment, or in such other securities and investments as the Finance Committee shall deem to be for the best interests of the Federation, and in accordance with sound investment principles, subject to prior approval of the International Executive Board. All securities and other evidence of investments shall be placed in a safe deposit box in the situs of the Federation headquarters and in the name of the American Federation of State, County and Municipal Employees in a bank selected by the Finance Committee, and access to such box shall be possessed only jointly by the International President and the International Secretary-Treasurer or by one of such officers and the authorized deputy of the other. All acts of the Finance Committee as provided herein shall be subject to the general direction and approval of the International Executive Board.

Section 5. The International Executive Board shall create from its membership a PEOPLE (Public Employees Organized to Promote Legislative Equality) Committee. The PEOPLE Committee shall consist of the International President, who shall serve as Chairperson; the International Secretary-Treasurer; and three International Vice Presidents. The PEOPLE Committee shall be authorized to make policy decisions on matters of federal legislation, subject to the approval of the International Executive Board. The PEOPLE Committee shall work with the appropriate headquarters and field staff to coordinate efforts on federal legislation and on meeting minimum standards for collective bargaining laws in the various states. The PEOPLE Committee shall, within the limitations of funds made available by the International Union, assist in promoting collective bargaining legislation and other legislative objectives of the Federation. In addition, the PEOPLE Committee shall have authority to solicit and accept voluntary financial contributions from American Federation of State, County and Municipal Employees’ members to be used in such manner as the Committee considers appropriate for the achievement of the legislative goals of the Federation. Notwithstanding any contrary provision in a subordinate body constitution regarding the submission of resolutions for consideration by such subordinate body, the International Union’s PEOPLE Committee shall be authorized to submit resolutions concerning the implementation of this Section for consideration by any subordinate body and such subordinate body shall be required to consider such resolutions as if they had been submitted in accordance with its constitution.

Section 6. The International Executive Board shall create from its membership a Committee on Organization and such other committees as it shall deem necessary. Each committee shall, from time to time, review the policies and practices of the Federation falling within the scope of the committee’s assignment, and shall recommend to the International Executive Board such changes in policies and practices as the committee deems advisable. The International President shall serve as an ex-officio member of all such committees of the International Executive Board.

Section 7. The International Executive Board shall determine the time, date, and place for meetings of the regular biennial convention; provided, however, that such convention shall begin at some time between April 1st and September 30th in each evenly numbered year. For a specific purpose or purposes, which shall be clearly defined by the Board, a special convention may be called at any time by the International Executive Board.

Section 8. The International Executive Board shall elect, from among the members of the Federation, delegates to conventions of the American Federation of Labor and Congress of Industrial Organizations and to conventions of all other organizations with which the Federation is affiliated; provided, however, that the International President and the International Secretary-Treasurer shall be delegates to all conventions of the American Federation of Labor and Congress of Industrial Organizations.

Section 9. The International Executive Board may establish an internal system for the bonding of officers and staff of local unions, subject to the provisions of applicable law, and shall have all powers necessary to carry out the purpose of this Section.

Section 10. Should a vacancy occur among the members of the International Executive Board, the vacancy shall be filled for the remainder of the unexpired term of office in the circumstances and in the manner provided in Sections 11, 12 and 13 of this Article. Any member so elected shall, upon assuming office, subscribe to the Obligation of an Officer contained in Appendix B of this Constitution.

Section 11. If the vacancy is that of International Vice President, the International Secretary-Treasurer shall, immediately after the vacancy occurs, notify all subordinate bodies in the Legislative District from which such Vice President was elected of the existence of the vacancy. Any subordinate body in such Legislative District may nominate candidates to fill such vacancy by action of such subordinate body. Such nominations must be submitted to the International President and the International Secretary-Treasurer not later than sixty days after the date on which the International Secretary-Treasurer sent the notice of the vacancy. In any case where there is only one eligible nominee to fill such vacancy, that nominee shall be declared elected. If there is more than one eligible nominee, the vacancy shall be filled by the calling of a special district convention of delegates from local unions, councils and retiree chapters within the Legislative District in which the vacancy occurs. Such special district convention shall be held within the geographical boundaries of the Legislative District and shall be presided over by the International President or his representative designated prior to the special district convention. The date, time and place of the special district convention shall be established by the International President; provided, however, that such special district convention shall be held not later than 180 days after the vacancy occurs. The requirements established by Article IV of this Constitution for International Conventions, except those contained in Article IV, Sections 10 and 11, concerning issuance of the convention call, bases of representation, delegate and voting strength formulae, qualification, election and certification of delegates, eligibility of subordinate bodies to participate and eligibility of nominees, shall be applied, except that only those candidates nominated as set forth above shall be candidates in the election at such convention and no further nominations shall be permitted from the floor. The special district convention call shall contain the names of all eligible persons nominated to fill such vacancy and shall establish, as a special order of business, the time for holding elections. If the vacancy occurs within 180 days of the opening of any regular biennial convention, no special district convention shall be called and the delegates to the regular biennial convention shall elect a Vice President.

Section 12. If a vacancy occurs in the office of International Secretary-Treasurer, the International President shall call the International Executive Board into special session as quickly as possible and in no event later than the fifteenth day after the vacancy occurs. Nominations may be made by any member of the International Executive Board. To be eligible for election as International Secretary-Treasurer, a nominee must have been a member in the Federation for at least five years continuously at the time of the election. Following nominations, the members of the International Executive Board shall then proceed to vote, by secret ballot, as follows:

A. Each International Vice President shall be entitled to cast a number of votes equal to the number of votes to which all properly seated delegates from the Legislative District represented by the International Vice President were entitled at the most recent regular biennial convention. In any case where more than one International Vice President represents a single Legislative District, the votes to which such Legislative District is entitled shall be divided equally among such International Vice Presidents, with any fraction to be counted as a full vote.

B. The International President shall be entitled to cast a number of votes equal to the highest number which any International Vice President is entitled to cast.

A majority of the total votes cast shall be required to fill the vacancy. If no candidate receives a majority, a second ballot shall be prepared which shall contain only the names of the two candidates receiving the highest number of votes on the first ballot and a run-off election shall be held. If the vacancy occurs within fifteen days prior to the opening of a regular biennial convention, the International Executive Board shall leave the vacancy unfilled. An International Secretary-Treasurer elected to fill a vacancy pursuant to this Section shall serve only until the installation of a successor at the conclusion of the next regular biennial convention following the occurrence of the vacancy. The delegates to the next regular biennial convention following the occurrence of the vacancy shall elect the International Secretary-Treasurer for the remainder of the unexpired term, or for the full term pursuant to Article IV, Section 26.

Section 13. If a vacancy occurs in the office of International President, a special convention, to fill the vacancy for the remainder of the unexpired term, shall be held within ninety days after the vacancy occurs. The requirements established by Article IV of this Constitution for International conventions, concerning issuance of the convention call, basis of representation, delegate and voting strength formulae, qualification, election and certification of delegates, eligibility of subordinate bodies to participate and eligibility of nominees, shall be applied for such special convention, except that the certification required under Article IV, Section 9, may be made up to ten days prior to the convention. The special convention call shall contain an agenda limited to the call to order, adoption of rules, nominations and acceptance thereof, voting and report thereon and the installation of the newly elected International President. No other matter shall be in order at such special convention. If the vacancy occurs within 180 days of the opening of any regular biennial convention, no special convention shall be called and the delegates to the regular biennial convention shall elect the International President for the remainder of the unexpired term, or for the full term pursuant to Article IV, Section 26.

Section 14. The International Executive Board shall receive from the International President, in advance of each fiscal year, a proposed budget for the coming year. The International Executive Board shall receive from the International Secretary-Treasurer, at the same time and in writing, any criticisms, objections, or comments on the budget which the Secretary-Treasurer deems necessary or proper. The proposed budget shall be subject to revision and approval by the International Executive Board. The International Executive Board shall, at the time of approval of the budget, establish annual salaries for the International President and the International Secretary-Treasurer, which salaries shall be not less than the minimum salaries established elsewhere in this Constitution.

Section 15. The International Executive Board shall determine the respective amounts of the surety bonds to cover the International President, the International Secretary-Treasurer, the authorized deputy or deputies of each, and such other employees of the Federation as the Board shall deem necessary. The minimum bond for the International President, the International Secretary-Treasurer, and their authorized deputy or deputies 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 16. The International Executive Board shall approve the appointment by the International Secretary-Treasurer of a Certified Public Accountant, who shall audit all accounts of the Federation immediately following the close of each fiscal year, or, at the discretion of the International President or the International Executive Board, at more frequent intervals.

Section 17. The International Executive Board may authorize the International President and the International Secretary-Treasurer to borrow, on behalf of the American Federation of State, County and Municipal Employees, such funds as may be required from time to time to carry on the work of the Federation; provided, that no funds shall be borrowed nor credit pledged in the name of the Federation without advance authorization by the Board.

Section 18. Special assessments may be levied by order of the International Executive Board when in its judgment such special assessments are necessary; but in no circumstances shall such special assessments exceed the sum of twenty-five cents per member in one month, nor shall there be more than two such special assessments in any calendar year. Revenue derived from special assessments shall be expended only for the purposes for which such special assessments were levied, except that any excess shall revert to the general fund of the Federation.

Section 19. In any matter coming before the International Executive Board for review or on appeal, the Board may, by majority vote, authorize any person or persons of its own choosing to conduct, in the name of the International Executive Board, an investigation or hearing on the matter and to make a report of findings and recommendations to the Board for decision by the Board; and any decision made by the Board under such procedure shall have the same force and effect as if the investigation or hearing had been conducted by the International Executive Board as a body. In making such authorizations, the International Executive Board may act on individual appeals or may make general authorizations covering specific types of appeals and for specific periods of time.

Section 20. Notwithstanding any other provision of this Constitution, the International Executive Board shall have the authority to order the immediate suspension, pending full investigation, of officers or staff employees of the International Union who in its opinion are engaging in conduct imminently dangerous to the welfare of the International Union. Such action shall not affect the membership rights of an officer or staff employee so suspended. In any such situation, the order of the International Executive Board 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 employee so suspended within the thirty-day period.

Section 21. The International Executive Board shall, at each regular biennial convention, present a written report to the delegates, in printed or electronic format, provided that printed copies shall be provided to any delegate who requests it, concerning the Board’s activities since the preceding regular biennial convention. It shall be the responsibility of the International Secretary-Treasurer to prepare the report. The International Executive Board shall review and make a recommendation to the Convention on any proposal to amend the Constitution.

Section 22. The International Executive Board shall carry out such other duties and exercise such other authorities as may be set forth in any other portion of this Constitution.

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