Police Chaplains:
- President: Chaplain Steve Mead
- Treasurer: Chaplain Jim McClellan
- Secretary: Police Chief Michael Salvador
- Chaplain Rich Miller
- Chaplain Allen Thomas
Police Chaplain’s Association By-Laws
Purpose:
The purpose of the chaplaincy program will be:
- To provide spiritual guidance and counseling to all members of the Law enforcement agencies located in Atwater. California, sworn and civilian, and their families in time of need.
The service of the Chaplain(s) are available on the basis of need and desire. t~ are not intended, nor do they wish to replace, an individual’s existing clergy.
- To assist Law Enforcement Officers and the people of the community through a field service ministry.
- To provide guidance, counseling, and comfort in times of crisis. The Chaplain should be able to put · people in contact with the appropriate agency or agencies to provide needed assistance.
ADMINISTRATIVE
- ADMINISTRATIVE: Of programs, planning and correspondence – i.e., Law Enforcement Administrators and liaison or Chaplaincy.
- TRAINING AND SEMINARS: Supervisors’ and officers’ in-service training classes for personnel – stress, acute and accumulated, family, finance, and children/teen. Be willing to participate in other training courses to enhance effectiveness.
- REPRESENTATION TO ATWATER POLICE DEPARTMENT: to community and additional law enforcement agencies.
- Counseling of Law Enforcement Officers Counseling is an Important phase of the Chaplain’s work, and more and more Law Enforcement Officers and their families seek out the Chaplain. The Chaplain provides counseling and consultation for Law Enforcement Personnel and families in personal, marital. fami[y, job-related and other problems.
- Unique Demands In the last decade many changes have taken place in the Law Enforcement arena. Because of rapid changes in our society today. the Law Enforcement profession is undergoing unique demands. Clarence M. Kelley. the former Director of the Federal Bureau of Investigation stated, “The time has come for Americans to understand and appreciate – the humanitarian nature of the Law Enforcement profession – in more than thirty years in the Law Enforcement profession, I have known thousands of officers – they are human. They have emotions.” (FBI Law Enforcement Bulletin – December I, 1973).
- High Stress Occupation Indeed. Law Enforcement Officers are subject to the same kinds of feelings and tensions as other people. Law Enforcement work is considered a high stress occupation that involves considerable provocation on a daily basis for the average Law Enforcement Officer on the street. The many pressures of the job create an added burden on the Officer. which may affect his/her physical. emotional and personal wellbeing. Law Enforcement work is an occupation requiring a high level of emotional stability. Because personal. family or job-related problems are like to interfere with optimum performance on the job, it is important that counseling services be made available to Officers and their families, particularly those with stress-related problems.
- Confidentiality – Privileged Communication
The Law Enforcement Officer who comes to the Chaplain for counseling should clearly understand that this is an “off-the-record” and “privileged” communication which will not be reported to their Superior or have any bearing on his/her job status. This element of confidentiality is very important to the overall effectiveness of the Chaplain and his/her rapport with the men and women of the agencies they serve.
- Referral to Other Professional Resources
Because of the demands made on the Chaplain’s time, the Chaplain will most likely be able to offer only a brief short-term- crisis-oriented type of counseling. If in his/her opinion a long-term counseling program is desirable for a particular Officer or family member, he/she may refer the individual to an appropriate community agency or to a marriage counselor. However, the Law Enforcement Chaplain must keep in mind that serious crisis-oriented problems can arise in a Law Enforcement Officer’s life and should be available to offer immediate help with the understanding that other professional help may be recommended when the crisis passes.
- Cooperation With Other Law Enforcement Chaplains
The Law Enforcement Chaplain needs to stay in touch with other chaplains. not only in their own area, but throughout the country. Contact should be maintained by attending meetings, conferences, and workshops in order to find out what other departments and or chaplains are doing. Networking or chaplains throughout the country is vital to the success of the local Chaplaincy efforts.
- FUND RAISING PROGRAMS: Churches, United Way, Kiwanis, Soroptimists, Elks Lodges, businesses, payroll deductions for support of Chaplaincy projects and programs.
- PUBLIC RELATIONS: Information, media, community, brochures, video, newsletter, department employees. Provide liaison with other religious leaders in the community.
- CITY OF ATWATER COUNCIL/BOARD MEETINGS: Planning and fiscal budgets, programs, and generic “reports”.
DESCRIPTION AND MISSION STATEMENT
DESCRIPTION:
The Law Enforcement Chaplaincy Program is a ministry that consists of ordained clergy volunteering their time and effort specifically to the men and women of the Atwater Police Department, and generally to the citizens of Atwater in the area of field service.
The Chaplaincy Program will provide the services of a Chaplain on a twenty-four hour, seven-day-a-week basis. It will consist of a Senior Chaplain, Training and Supervisory Chaplain(s) and Associate Chaplains from various clergy in the local community.
MISSION STATEMENT:
The Atwater Police Chaplaincy Program exist under the direction and supervision of the Atwater Police Department as a volunteer program committed to the police service agency as the local community to provide support and ministry for all of the people in our community.
Police Chaplain’s Association Articles
ARTICLE I
Recitals and Definitions
Section 1. Name of Association. The name of the Association shall be the Atwater Police Chaplain’s Association, and shall be referred to herein as the Association.
Section 2. Association is Nonprofit. This Association has been formed pursuant to the California Nonprofit Corporation Law as a public benefit association.
Section 3. Specific Purpose. The specific purpose for which this Association exclusively organized is to provide a ministry for police, citizens, and chaplains of the County of Merced in the community of Atwater in the area of social, educational and recreational activities in order to foster and encourage its said police, citizens, and chaplains faith in American principles and in the traditions of good will and friendship, and to foster constructive relationships between said citizens and chaplains and the Atwater Police Department, through ministry such as provide counseling for officers, families, Fire Department and families, when needed. This is a 24-7; 365 days per year service.
ARTICLE II
Principle Office
Section 1. Location of Principle Office. The principle officer of the Association will be located at such place as the Board of Directors may from time to time designate within the County of Merced, State of California.
ARTICLE Ill
Membership
BOARD OF DIRECTORS
Section 1. General Association Powers. The business and affairs of this Association shall be vested in and exercised by. the Association’s Board of Directors. Subject to the limitations expressed in Article VII, Section I, the Board may delegate the management of the activities of the Association to any person or persons, or committee, provided that notwithstanding any such delegation, the activities and affairs of the Association shall continue to be managed and all Association powers shall continue to be exercised under the direction of the Board.
Section 2. Number of Directors: Qualifications. The authorized number of directors shall be not less than five or more than twenty (20) persons until changed by an amendment to these Bylaws. The exact number of Directors shall be fixed. within the limits specified, by the Board. To be eligible to serve on the Board, an individual must reside or work in the County of Merced. in the Community of Atwater or have a commitment to this community. and be interested in promoting the purpose of this Association.
Section 3. Term of Office. The term of office of all members of the Board shall be two (2) years: provided, however. that the terms of office of the initial Board of Directors shall be staggered such that all members of the Board shall not have their terms expire in the same year at subsequent elections of directors. The precise stagger of terms and length of initial terms shall be set by resolution of the Board. Each director, including a director elected to fill a vacancy, shall hold office until the expiration of the term for which elected and until a successor had been elected and Qualified.
Section 4. Nomination and Election of Directors.
A. Appointment of Nominating Committee. At least sixty (60) days prior to the date of any election of directors. the president shall appoint a nominating committee from the members of the Board to select Qualified candidates for election to those positions on the Board of Directors held by directors whose terms are then expiring. The committee shall make its recommendations at least fifteen days prior to the election and shall nominate at least one candidate for each position to be filled.
- Election of Directors. The election of directors shall take place at the annual meeting of the Board, provided. however. that vacancies may be filled prior to the annual meeting date as provided in Section S of Article V.
Section 5. Removal of Directors and Filling Vacancies on the Board of Directors.
A. Vacancies. Generally. A vacancy or vacancies on the Board of Directors shall be deemed to exist on the occurrence of any of the following: (I) the death. resignation or removal of a director; or (2) an increase of the authorized number of directors.
B. Resignation of Directors. Any director may resign, which resignation shall be effective on giving written notice to the president, the secretary, or the Board of Directors, unless the notice specifies a later time for the resignation to become effective.
C. Filling of Vacancies. Vacancies on the Board may be filled by the vote of a majority of a Quorum of the Board, or if the number of directors, then in office is less than a quorum. The vacancy may be filled by (A) the unanimous written consent of the remaining directors, or (B) the affirmative vote of a majority of the remaining members of the Board at a duly held meeting or (C) by the sole remaining director.
D. Removal of Directors for Cause. The Board of Directors shall have the power and authority to remove a director and declare his or her office vacant if he or she has (a) been declared of unsound mind by a final order of court; (b) been convicted of a felony; (c) been found by a final order of judgment of any court to have breached any duty under Sections 5230 through 5237 of the California Nonprofit Public Benefit Association Law (relating to the standards of conduct of directors); or (d) if the director fails to attend three (3) consecutive regular meetings of the Board of Directors without excuse acceptable to the Board, which meetings have been duly noticed in accordance with the Article V hereof.
E. Removal of Directors Without Cause. Except as otherwise provided in subparagraph (d) above. a director may only be removed from office prior to expiration of his or her term by the affirmative vote of two-thirds of the directors.
DUTIES AND POWERS OF THE BOARD
Section I. Specific Powers.
Without prejudice of the general powers of the Board of Directors set forth in Article IV. Section I. the directors shall have the power to:
(a) Exercise all powers vested in the Board under the laws of the State of California.
(b) Appoint and remove all officers of the Association. the Executive Director or General Manager of the Association, if any. and other Association personnel; prescribed any powers and duties for such persons that are consistent with law. the Articles of lnAssociation and these Bylaws.
(c) Adopt and establish rules and regulations governing the affairs and activities of the Association.
(d) Enforce all applicable provisions of these Bylaws.
(e) Pay all taxes. and charges incurred by or levied against the Association.
(f) Delegate its duties and powers herein to the officers of the Association or to committees established by the Board, subject to the limitation expressed in Section I of the Article V11 hereof.
(g) Prepare budgets and maintain a full set of books and records showing the
financial condition of the affairs of the Association in a manner consistent with generally accepted accounting principles. and at no greater than annual intervals prepare an annual financial report, a copy which shall be delivered to each Director as provided in Article IX. Section 5 hereof.
(h) Appoint such committees as it deems necessary from time to time in connection with the affairs of the Association in accordance with Article VII hereof.
(i) Fill vacancies of the Board of Directors or in any committee. unless the removed director’s position is to be filled by designation pursuant to Article IV, Section S(c).
(j) Open bank accounts on behalf of the Association and designate the signatories to such bank accounts.
(k) Bring and defend actions on behalf of the Association so long as the action is pertinent to the operations of the Association.
Section 2. Limitations on Powers.
Self-Dealing Transactions. Notwithstanding the powers conferred on the Board pursuant to Section I above and Article IV, Section I hereof. this Association shall not engage in any transaction which meets the definition of a “self-dealing transaction” as defined in Section 5233 of the Nonprofit Public Benefit Association Law unless the transaction has been approved by any of the means specified in subparagraph (d) of said Section 5233.
COMMITTEES
Section I. Committee of Directors. The Board may adopt by a majority of the directors then in office designate one or more committees to serve at the pleasure of the Board. A committee comprised solely by directors may exercise all the authority of the Board with respect to matters within their area of assigned responsibility. except that no committee. regardless of Board resolution, may:
(a) Take any final action on any matter which. under the Nonprofit Association Law of California, also requires approval of the Members.
(b) Fill vacancies on the Board of Directors or on any committee which has been delegated any authority of the Board.
(c) Amend or repeal Bylaws or adopt new Bylaws.
(d) Amend or repeal any resolution of the Board of Directors which by its express terms is not so amenable or repealable.
(e) Appoint any other committees of the board of Directors or the members of those committees.
(f) Expend Association funds to support a nominee for Director after there are more people nominated for Director than can be elected.
(g) Approve any self-dealing transaction unless authorized by Section 5233(d)(3) of the Nonprofit Public Benefit Association Law.
(h) Expend funds or obligate the Association to a debt without express approval of the Board of Directors or Executive Committee.
Section 2. Executive Committee: Other Committees. The officers of the Association shall constitute the Executive Committee of the Board. Except as limited by Article Vii. Section I above. the Board may empower the Executive Committee to act on behalf of the Board and Association. The Board may establish other committees as deemed necessary or appropriate to implement the charitable programs or activities of the Association, increase the effectiveness of the Association, provide information or otherwise assist the Board. Such committees may include members who are not directors; provided. however, that any committee which includes non-directors may not exercise any powers of the Board, but rather shall serve as an advisory or recommending body to the Board.
Section 3. Meetings and Action of Committees. Meetings and actions of committees shall be governed by, and held and taken in accordance with, the provisions of Article V of these Bylaws, concerning meetings of directors, with such changes in the context of those Bylaws as are prescribed by the Board or the Bylaws. If required by the Board, the Treasurer shall give the Association a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of his or her office and for restoration to the Association of all its books, papers, vouchers, money, and other property of every kind in his or her possession or under his or her control on his or her death, resignation, retirement, or removal from office. The Chief Financial Officer may serve a maximum of two (2) consecutive, two-year terms. Further terms may be served provided on (I) full year between terms has elapsed.
Section 8. Term of Service For Directors. The term of service for Directors shall not exceed three, two-year terms (a maximum of six consecutive terms), without at least one full year between terms having elapsed. or as is prescribed under the Nonprofit Public Benefit Association Law.
Section 9. Executive Director. The Executive Director/General Manager, if any, shall have responsibility for the day-to-day operations of the Association under the direction of the Board of Directors. The Executive Director/General Manager shall adhere to and enforce all Board policies. and at all times conduct business of the Association in compliance with all State and Federal laws regulating said Association. The Executive Director/General Manager shall be appointed by the Board of Directors. and serve with or without compensation as determined by the Board. For purposes of due process and service. the Executive Director/General Manager is considered an officer of the Association.
FINANCES
Section I. Cheds., All checks or demands for money and notes of the Association shall be signed by the President and Treasurer or by such other officer or officers or such other person or persons as the Board of Directors may from time to time designate.
Section 2. Operating Account. There shall be established and maintained a cash deposit account to be known as the “Operating Account” into which shall be deposited the operating funds of the Association. Disbursements from such account shall be for general need of the operation including. but not limited to. supplies, repairs. services, and other operating expenses of the Association.
Section 3. Other Accounts. The Board shall maintain other accounts it shall deem necessary to carry out its purposes, including specific accounts for specified programs.
Section 4. Budgets and Financial Statements. The following financial statements and related information for the Association shall be regular!)’ prepared and copies thereof shall be distributed to each director of the Association.
(a) Budget. A budget for each fiscal year consisting of at least the following information shall be distributed to the directors not less than thirty (30) days nor more than sixty (60) days prior to the beginning of the fiscal year.
(1) Estimated revenue and expense on an accrual basis;
(2) The amount of the total cash reserves of the Association’s capital assets and for contingencies.
(b) Year-End Report. Within sixty (60) days after the close of the fiscal year, a year-end report consisting of at least the following shall be distributed to Directors.
(1) A balance sheet as of the end of the fiscal year:
(2) An Operating (income) statement for the fiscal year;
(3) a statement of changes in financial position for the fiscal year:
(4) Any information required to be reported under Non-profit Public Benefit Corporation of the Associations Code.
MISCELLANEOUS
Section I. Inspections of Books and Records. In accordance with Section 6334 of the California Associations Code. every director shall have an absolute right at any reasonable time to inspect all books. records. documents and minutes of the Association and the physical properties owned by the Association. The right of inspection by a director includes the right to make extracts and copies of documents.
(a} The President shall appoint an audit committee to review the books and financial records of the Association annually. Said audit shall be conducted and reported to the Board, not more than ninety (90) days following the end of the fiscal year. The Chief Financial Officer may not serve on the
audit committee.
Section 2. Associate Seal. The Association shall have an Associate seal in circular form having within its circumference the words. “Atwater Police Chaplain’s Association. lnAssociated .2004, State of California.”
Section 3. Annual Statement of General Information. As and when required by Section 62 IO of the California Nonprofit Association Law, the Association shall file with the Secretary of State of the State of California. on the prescribed form, a statement setting forth the authorized number of directors, the names and the complete business or residence address of all incumbent directors, the names and complete business or residence address of the Chief Financial Officer and Secretary. the street address of its principle office in this state, together with designation of the agents of the Association for the purpose of service process.
Section 4. Indemnification of Associate Agents. Any person who was or is a director. officer, employee or other agent of the Association (collectively “agents”) may be indemnified by the Association for any claims, demands, causes of action. expenses or liabilities arising out of. or pertaining to, the agents service to or on behalf of the Association to the full extent permitted by California Associations Code Section 5238. The Association shall have power to purchase and maintain ·insurance on behalf of any agent of the Association against any liability asserted against or incurred by the agent in such a capacity or arising out of the agent’s status as such whether or not the Association would have the power to indemnify the agent against such liability under Section 5238 of the Associations Code; provided, however, that the Association shall have no power to purchase and maintain such insurance to indemnify any agent of the Association for a violation of Section 5233 of the California Nonprofit Public Benefit Association law.
Section 5. Non-Paid Directors:
Alleged Failure to Discharge Duties: No Monetary Liability. Except as provided in Section 5233 or S237 of the California Nonprofit Public Benefit Association Law. there is no monetary liabiliry on the part thereof, and no cause of action for damages shall arise against any non-paid director, including any non-paid director who is also a non-paid officer, of this Association based upon any alleged failure to discharge the person’s duties as a director or officer if the duties are performed in a manner that meets all of the following criteria:
(a) The duties are performed in good faith.
(b) The duties are performed in a manner such director believes to be in the best interests of the Association.
(c) The duties are performed with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under such similar circumstances.
Section 6. Personal Liability of Volunteer Director or Officer for Negligence.
a) Except as provided in subparagraph (c). below, there shall be no personal liability to a third party on the part of a volunteer director or volunteer executive committee officer of this Association caused by the director’s negligent act or omission in the performance of that person’s duties as a director or officer, if all the conditions are met.
b) For the purpose of this section “volunteer” means the rendering of services without compensation. “Compensation” means remuneration whether by the way of a salary, fee, or other consideration for services rendered. However. the payment of per diem, mileage, or other reimbursement expenses to a director or executive committee officer does not affect that person’s status as a volunteer within the meaning of this section.
c) This section does not eliminate or limit the liability of a director or officer for any of the following:
(I) Any liability with respect to self-dealing transactions as provided in Section S233 of the California Nonprofit public Benefit Law.
(2) In any action or proceeding brought by the California Attorney General.
Section 7. Gifts and Contributions. The Board of Directors may accept on behalf of the Association any contribution, gift, bequest, or devise for the general purpose of the Association.
AMENDMENT
Section 1. Adoption. Amendment. or Repeal of Bylaws, Subject to the provisions of Section 9400 of the Association Code of the State of California. Bylaws may be adopted. amended, or repealed (I) at any meeting of the Board of Directors provided that due notice has been given to all directors of the change or changes proposed in the Bylaws or:
(2) by the written assent of all directors. The notice required by this section shall in all respects comp with that notice required by Article V, Section 3 of these Bylaws for notice to members of the Board of Directors in case of a special meeting of said Board.
