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1 CHRISTOPHER W.

KATZENBACH (SBN 108006)
Email: ckatzenbach@kkcounsel.com
2 KATZENBACH LAW OFFICES
912 Lootens Place, 2nd Floor
3 San Rafael, CA 94901
Telephone: (415) 834-1778
4 Fax: (415) 834-1842
5
Attorneys for Petitioner and Plaintiff
6 KENNETH LOMBA
7

8 SUPERIOR COURT OF CALIFORNIA

9 COUNTY OF SAN FRANCISCO

10 UNLIMITED JURISDICTION

11
KENNETH LOMBA, ) Case No.:
12 )
Petitioner and Plaintiff, )
13 )
) VERIFIED PETITION AND COMPLAINT
14 Vs. ) TO DETERMINE VALIDITY OF
) ELECTIONS
15 SAN FRANCISCO DEPUTY SHERIFFS )
ASSOCIATION, a nonprofit mutual benefit ) CCP § 1085
16 corporation, ) Corp. Code § 7616
)
17 Respondent and Defendant. )
)
18 )
TIM CONWAY and KEVIN MACKSOUD, )
19 )
Parties In Interest Under California )
20 Corporations Code Section 7616(c). )
)
21

22
TO THE SUPERIOR COURT:
23
KENNETH LOMBA, pursuant to California d Code of Civil Procedure section 1085 and
24
Corporations Code section 7616, requests and petitions:
25
(a) That the Court determine the validity of the election of certain directors of
26
Respondent and Defendant, SAN FRANCISCO DEPUTY SHERIFFS’ ASSOCIATION
27

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1
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 (herein “SFDSA”), to wit: The election of Vice-President occurring on August 10, 2016
2 and the election of Sergeant-at-Arms occurring on November 9, 2016.
3 (b) That the Court set a hearing on this Petition and Complaint within five (5)
4 days of its filing, or as soon thereafter as it can be heard, pursuant to Corporations Code
5 section 7616(c), that states:
6 Upon the filing of the complaint, and before any further
proceedings are had, the court shall enter an order fixing a date for
7
the hearing, which shall be within five days unless for good cause
8 shown a later date is fixed, and requiring notice of the date for the
hearing and a copy of the complaint to be served upon the
9 corporation and upon the person whose purported election or
appointment is questioned and upon any person (other than the
10 plaintiff) whom the plaintiff alleges to have been elected or
appointed, in the manner in which a summons is required to be
11 served, or, if the court so directs, by registered mail; and the court
may make such further requirements as to notice as appear to be
12 proper under the circumstances.
13
(c) That, following such hearing, the Court direct SFDSA to conduct new
14
elections for the positions of Vice-President and Sergeant-At-Arms, using a mail ballot
15
distributed to all members, creating if necessary a list of all members’ addresses and
16
voting rights, pursuant to the Court’s authority under Corporations Code section 7616(d),
17
that states:
18
The court, consistent with the provisions of this part and in
19 conformity with the articles and bylaws to the extent feasible, may
20 determine the person entitled to the office of director or may order
a new election to be held or appointment to be made, may
21 determine the validity, effectiveness and construction of voting
agreements and voting trusts, the validity of the issuance of
22 memberships and the right of persons to vote and may direct such
other relief as may be just and proper.
23

24 (d) That, following such hearing, the Court direct SFDSA to employ a neutral

25 third-party, unaffiliated with any incumbent officer of SFDSA or candidate in the

26 elections, to conduct such election, to supervise the mailing, return, collection and

27 counting of ballots and to certify the results of the elections.

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2
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 ALLEGATIONS IN SUPPORT OF PETITION AND REQUEST FOR ORDER
DIRECTING NEW ELECTIONS
2

3 In support of this Petition and Complaint, Petitioner shows as follows:

4 A. THE PARTIES.

5 1. Respondent and Defendant SAN FRANCISCO DEPUTY SHERIFFS’
6 ASSOCIATION (herein “SFDSA”) (also known as the Deputy Sheriffs’ Association of the City
7 and County of San Francisco) is a nonprofit mutual benefit corporation organized under the laws
8 of the State of California with its principal place of business in San Francisco, California.
9 SFDSA is organized pursuant to certain Bylaws and is governed by a Board of Directors whose
10 actions are, in turn, governed by and subject to the terms and provisions of the SFDSA's Bylaws
11 and applicable law. Petitioner and Plaintiff is informed and believes, and thereon alleges, that
12 the SFDSA has about 750 members who are in good standing and eligible to vote in elections for
13 directors of the SFDSA.
14 2. A copy of the SFDSA Bylaws is attached as Exhibit 1. Article IV, Section 1 of
15 the SFDSA Bylaws refers to affiliation with the Public Employees Division of the Operating
16 Engineers, Local Union No. 3. The SFDSA is no longer affiliated with the Operating Engineers.
17 3. The SFDSA Board of Directors is composed of persons elected by the members
18 of the SFDSA. The SFDSA Board of Directors is composed of seven (7) Executive Officers of
19 the SFDSA (President, Vice-President, Secretary, Treasurer, Sergeant-at-Arms, Parliamentarian
20 and Immediate Past President) and an additional number of Shop Stewards as determined by the
21 number of facilities and satellite units needing representation. At the present time, the SFDSA
22 has twenty-seven (27) directors.
23 4. Petitioner and Plaintiff KENNETH LOMBA (herein “Lomba”) is a member of
24 SFDSA, was a candidate for election to the positions of Vice President and Sergeant-at-Arms in
25 the elections occurring on August 10, 2016 and November 9, 2016, is a Shop Steward, is a
26 director of the SFDSA and is a member entitled to vote in elections for directors of the SFDSA.
27

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3
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 5. TIM CONWAY (herein “Conway”) and KEVIN MACKSOUD (herein
2 “Macksoud”) were candidates for election to the positions of Vice President and Sergeant-at-
3 Arms in the special elections occurring on August 10, 2016 and November 9, 2016, and were the
4 candidates deemed elected to these positions in these elections.
5 B. THE VICE PRESIDENT AND SERGEANT-AT-ARMS ELECTIONS AT ISSUE.
6
6. The elections on August 10, 2016 and November 9, 2016 were special elections to
7
fill vacancies on the SFDSA Board of Directors. These elections were conducted pursuant to
8
Article XI of the Bylaws of the SFDSA that provides:
9
ARTICLE XI
10
FILLING VACANCY OF OFFICE
11
Section 1: If the office of any member of the Board of Directors,
12 with the exception of the President, is vacated during the first
eighteen (18) months of a term, the President shall call for a
13 special election.
14 a. If the vacancy occurs in the last six months of the term, the
Board of Directors shall appoint a successor from eligible
15
candidates.
16
Section 2: If the President vacates said key office, it shall be filled
17 by the Vice-President.

18 Section 3: Special Elections may be called upon when a vacancy
for the office of the Vice-President, Secretary, Treasurer and
19 Sergeant-at-Arms occurs.

20 Section 4: If the Secretary's office is vacated, the President shall
provide ballots to the shop stewards at the next general meeting for
21 the entire membership. Returned ballots will be due at the next
general membership meeting. The nominating committee shall
22 count the ballots and the person receiving a majority vote shall be
notified as the newly elected officer of said appointment. Said
23
officer shall be seated as the first order of business at the next
24 meeting of the Board of Directors.

25 Section 5: If a vacancy occurs under Section 3 above, the President
shall appoint a nominating committee from the General
26 Membership, who shall prepare a list of candidates prior to the
ballots being mailed. The list shall comply with Article IX, Section
27 1: a and b.
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VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 Section 6: If a vacancy occurs for the position of shop steward, the
President shall appoint a person(s) to hold a nomination, balloting
2 and an election process (at the facility or satellite), to fill the
position. The outcome will be reported at the next General
3 Meeting.
4
7. The special election for the position of Vice President was concluded on August
5
10, 2016. Conway received 209 votes and Lomba received 159 votes. There were 1 or more
6
write-in votes for other persons.
7
8. The special election for the position of Sergeant-at-Arms was concluded on
8
November 9, 2016. Macksoud received 145 votes and Lomba received 134 votes. There were
9
five (5) write-in votes for other persons.
10
C. THE CONDUCT OF THE VICE PRESIDENT AND SERGEANT-AT-ARMS ELECTIONS.
11

12 9. The SFDSA maintains a membership list or some kind, which includes addresses

13 or email addresses for some of its individual members. The SFDSA maintains a membership list

14 that includes members’ names, work locations and work shifts and that can be used to deliver

15 notices and other documents personally to such members. Some members of the SFDSA

16 provide the SFDSA mailing or electronic addresses for purposes of communicating with these

17 members.

18 10. Lomba is informed and believes, and thereon alleges, that the SFDSA does not

19 maintain a complete list of its members, with their addresses and voting rights. Lomba bases

20 these allegations on the allegations of the SFDSA in paragraph 10 of its Verified Complaint in

21 Case No. CGC-17-556489, in the Superior Court for the County of San Francisco, in which the

22 SFDSA alleges, under oath, as follows at page 3, lines 1-13 of its Complaint:

23 The ASSOCIATION maintains a membership list which includes
personal contact information for some of its individual members.
24

25 11. To the extent that the SFDSA does not have a complete list of members and their

26 addresses, the SFDSA has not made reasonable efforts to create a membership list of all

27

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VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 members, their addresses, class of membership and voting rights, including requesting members’
2 addresses from the City and County of San Francisco.
3 12. To the extent that the SFDSA uses or has used email or electronic
4 communications or transmissions to communicate with members or to provide members notices
5 of elections or written ballots, Lomba is informed and believes, and thereon alleges, that the
6 SFDSA has not obtained the consent of members to the use of email or electronic
7 communications or transmissions and that such electronic transmissions as are used by the
8 SFDSA are not preceded by or include a clear written statement to the recipient as to (a) any
9 right of the recipient to have the record provided or made available on paper or in nonelectronic
10 form, (b) whether the consent applies only to that transmission, to specified categories of
11 communications, or to all communications from the corporation, and (c) the procedures the
12 recipient must use to withdraw consent. For the reasons stated in this paragraph, electronic
13 communications or transmissions by the SFDSA to members do not and at all times have not
14 complied with the requirements of California Corporations Code Section 20 and 21.
15 13. Because of the SFDSA’s failure to maintain a complete list of members’
16 addresses, the SFDSA is (a) unable to mail election materials to members that a candidate or
17 nominee may request to be mailed to members pursuant to Section 7524 of the California
18 Corporations Code and (b) unable to provide candidates or nominees in elections a list of
19 members’ names and addresses, or reasonable alternatives, as provided in paragraph (1) or (2) of
20 subdivision (a) of Section 8330 of the California Corporations Code, so that candidates or
21 nominees may communicate with members as to elections.
22 14. Before the elections on August 10, 2016 and November 9, 2016, for Vice
23 President and Sergeant-at-Arms, the SFDSA did not send out any notice to all members advising
24 members of the elections or how ballots for those elections could be obtained. SFDSA sent out
25 information about these elections to members directly only by email and only to that portion of
26 SFDSA members who had provided email addresses to the SFDSA. The email communications
27 concerning the elections were sent by email to less than 200 members of the SFDSA. The
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VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 SFDSA sent nomination forms to various units and facilities by FAX and handed out nomination
2 forms at the general union meeting. These nomination forms did not contain voting instructions.
3 These notices not preceded by or include a clear written statement to the recipient as to (a) any
4 right of the recipient to have the record provided or made available on paper or in nonelectronic
5 form, (b) whether the consent applies only to that transmission, to specified categories of
6 communications, or to all communications from the corporation, and (c) the procedures the
7 recipient must use to withdraw consent.
8 15. Copies of the nomination forms for the elections on August 10, 2016 and
9 November 9, 2016 are attached hereto as Exhibits 2 and 3. The notice that accompanied the
10 nomination form for the November 9, 2016, election is attached as part of Exhibit 3.
11 16. The elections were conducted by placing ballot boxes at various locations for
12 deposit of ballots, pick up and subsequent counting. Member could also return ballots to the
13 SFDSA offices.
14 17. Ballot boxes have been placed in locations such that members had difficulty
15 seeing them. For example, at the County Jail, Unit 4, the ballot box was placed below a shelf
16 under the microwave oven, was not easily observed and was subsequently re-located by a
17 member to a more visible location.
18 18. For the elections on August 10, 2016 and November 9, 2016, all members were
19 not informed when ballot boxes are being placed at facilities and members were not told when
20 ballot boxes would be picked up. For the August 10, 2016, election, the only information
21 provided members as to the pickup of ballot boxes was contained on the ballot and stated that
22 “The ballot boxes will be picked up starting Monday, August 8, 2016.” For the November 9,
23 2016, election the information on when the ballot boxes would be picked up was contained on a
24 notice accompanying the notice of nominations sent by email, as alleged in Paragraph 14, and on
25 the ballot; the notice accompanying the nominations notice stated “Staring on 11/7/16, the ballot
26 boxes will be picked up” and the ballots stated “The ballot boxes will be picked up starting on
27 Monday, November 7, 2016.”
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VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 19. Lomba is informed and believes, and thereon alleges, that (a) in the August 10,
2 2016 election ballot boxes at some locations were picked up one or two days before the ballots
3 were to be counted and (b) in the November 9, 2016 elections all but two (2) of the ballot boxes
4 were picked up early on November 7, 2016 and stored at the SFDSA offices.
5 20. Lomba is informed and believes, and thereon alleges, that in elections conducted
6 before the current President was elected, ballot boxes were not picket up until the day the votes
7 were to be counted.
8 21. Ballots for the election on August 10, 2016 Vice President were distributed (a) by
9 leaving the ballots in breakrooms or other locations at worksites for members to pick up and use
10 for casting their vote and (b) by leaving ballots at the General Body meeting on July 13, 2016 for
11 members to pick up. Ballots were not left at the Academy or at all locations where members
12 were taking corrections courses. Ballots were not delivered to members by mail or by personal
13 delivery. Other than the email notice given as alleged in Paragraph 14 above, the SFDSA did not
14 send all members notice as to how ballots would be distributed, how ballots would be collected
15 and the dates ballots had to be returned or voted in order to be counted. A copy of the ballot for
16 the August 10, 2016 election is attached as Exhibit 4
17 22. Ballots for the election on August 10, 2016 Vice President were distributed (a) by
18 leaving the ballots in breakrooms or other locations at worksites for members to pick up and use
19 for casting their vote and (b) by leaving ballots at the General Body meeting on July 13, 2016 for
20 members to pick up. Ballots were not left at the Academy. Ballots were not delivered to
21 members by mail or by personal delivery. Other than the email notice given as alleged in
22 Paragraph 14 above, the SFDSA did not send members notice as to how ballots would be
23 distributed, how ballots would be collected and the dates ballots had to be returned or voted in
24 order to be counted. A copy of the ballot for the November 8, 2016 election is attached as
25 Exhibit 5.
26 23. Ballots for the for the elections on August 10, 2016 and November 9, 2016, for
27 Vice President and Sergeant-at-Arms, were not distributed to (a) all members on disability, (b)
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VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 members at the Police Academy and (c) members taking correctional course training. Lomba is
2 informed and believes, and therefore alleges:
3 a. At the time of the election for Vice President on August 10, 2016, there were forty-
4 five (45) or more members on disability and twenty-four (24) or more members at the
5 Police Academy.
6 b. At the time of the election for Sergeant-at-Arms on November 9, 2016, there were
7 forty-five (45) or more members on disability, seventeen (17) or more members at the
8 Police Academy and twelve (11) or more members taking correctional courses.
9 c. All or most of the members on disability, at the Police Academy or taking
10 correctional courses, as alleged in subparagraphs a and b of this paragraph, did not
11 receive ballots and did not vote in these elections.
12 D. LOMBA AND OTHER MEMBERS’ CONCERNS WITH VOTING PROCEDURES IN
ELECTIONS AT THE SFDSA.
13

14 24. As alleged hereinabove, under the current voting procedures in the SFDSA

15 Bylaws, for most elections the SFDSA uses written ballots that are thereafter deposited into

16 ballot boxes at various work locations, picked up, stored and thereafter opened and counted at a

17 membership meeting. Certain special elections require a mailed ballot under Article XI, Section

18 5 of the Bylaws.

19 25. As alleged hereinabove, under the current practices and procedures, not all

20 SFDSA members eligible to vote receive notice of elections or ballots. As alleged hereinabove,

21 the SFDSA does not send all members a written notice of the election and how to obtain ballots,

22 but only sends an email notice to about two hundred (200) or less members who have provided

23 the SFDSA email address information. The SFDSA does not distribute ballots directly to each

24 member. Instead, the SFDSA (a) leaves ballots in a pile with ballot envelopes for pickup at the

25 monthly membership meeting, (b) leaves additional ballots and ballot envelopes at worksites for

26 members to pick up and (c) has ballots and ballot envelopes at the SFDSA office for members to

27 pick up.

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VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 26. Lomba is informed and believes from information received from members of the
2 SFDSA, and thereon alleges, that ballot boxes have been placed in locations where they would
3 not be observed or easily accessed, including placing a ballot box on a self under a microwave
4 over in the Vice President election in August 2016 and placing a ballot box in a captain’s office
5 in the Sergeant-at-Arms election in November 2016.
6 27. Under the current practices and procedures, the SFDSA does not ensure the
7 security of the ballots or the vote from manipulation or tampering and members are unable to
8 monitor the security and custody of ballots.
9 a. The SFDSA does not notify members when the ballot boxes will be picked up from
10 worksite locations or make arrangements for members to observe and monitor the
11 collection of ballot boxes. Where the SFDSA has given a date when it would start
12 picking up ballot boxes, it has not provided members with a specific date or time of
13 such pickup and has not provided members a schedule of dates, times and locations
14 where the pickup would actually occur. Without a specific notice, candidates or
15 other members could not observe or monitor the ballot boxes from the time they
16 were picked up until the ballot boxes were opened for the counting of ballots.
17 b. Ballot boxes are not sealed in a way that would detect if a person had opened the
18 ballot box prior to the time ballots were to be counted. After they were picked up,
19 ballot boxes were not sealed in a manner that would prevent or identify tampering
20 with the ballots or ballot boxes. By failing to seal the ballot boxes, additional ballots
21 could be deposited in the ballot boxes, ballots could be removed or replaced with
22 different ballots and additional ballots could be deposited in them without detection.
23 c. Keys and combinations to the locks on ballot boxes are kept in the office. Lomba is
24 informed and believes, and thereon alleges, that the keys and combinations are not
25 secured or monitored to prevent persons from obtaining keys or combinations prior
26 to the date the ballot box is to be opened. Ballot boxes using combination locks can
27

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VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 be opened by anyone who knew the combination, including incumbent officers and
2 persons who participated in prior elections.
3 d. Ballot boxes containing the ballots are stored in the SFDSA offices, at or near the
4 same location where additional blank ballots and envelopes are stored. The location
5 in which the ballot boxes are stored does not prevent access to the ballot boxes by
6 SFDSA officers or other persons prior to the opening and counting of ballots.
7 28. At all material times herein, the Bylaws of the SFDSA provided in Article VI,
8 Section 1(a) that: “The President shall enforce a strict observance of the Bylaws and all other
9 laws, rules and regulations applicable to the governing of the Association and the Board of
10 Directors."
11
FIRST COUNT AND CLAIM FOR RELIEF
12
(AGAINST SFDSA FOR FAILURE TO CONDUCT VOTE BY MAIL AND TIM
13 CONWAY AND KEVIN MACKSOUD AS PARTIES IN INTEREST UNDER
CALIFORNIA CORPORATIONS CODE SECTION 7616(c))
14

15 29. Petitioner and Plaintiff incorporates by reference the allegations in paragraphs 1

16 through 28 above as if fully set forth in this Count and Claim for Relief.

17 30. Article XI, Section 3 of the Bylaws of the SFDSA provides that the nominating

18 committed prepares a list of candidates in a special election for Vice President or Sergeant-at-

19 Arms “prior to the ballots being mailed.” Ballots for the elections on August 10, 2016 and

20 November 9, 2016, for Vice President and Sergeant-at-Arms, were not distributed by mail.

21 31. The failure to mail ballots violated the Bylaws and deprived members of their

22 right to receive ballots by mail for the special elections, interfered with the ability of members to

23 vote in such elections and affected the outcome of these elections.

24 32. By the actions alleged herein, the SFDSA and its President Eugene Cerbone have

25 violated, and continue to violate, their obligations under the Bylaws of the SFDSA, including

26 their obligations under Article XI, Section 3 of the Bylaws and the duty of the SFDSA President

27 under Article VI, Section 1(a) of the Bylaws of the SFDSA that: “The President shall enforce a

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11
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 strict observance of the Bylaws and all other laws, rules and regulations applicable to the
2 governing of the Association and the Board of Directors."
3 33. Petitioner and Plaintiff has no plain, speedy and adequate remedy in the ordinary
4 course of law to determine the validity of elections on August 10, 2016 and November 9, 2016,
5 for Vice President and Sergeant-at-Arms and to obtain new elections using mail ballots pursuant
6 to Article XI, Section 3 of the Bylaws of the SFDSA, and using procedures that ensure that
7 notices of the elections and ballots are sent or delivered to all members, that all members have an
8 equal and fair opportunity to vote, and that ballots are secure from loss, removal, alteration or
9 other tampering.
10 WHEREFORE, Petitioner and Plaintiff requests that the Court grant relief as set forth
11 below in the Prayer.
12
SECOND COUNT AND CLAIM FOR RELIEF
13
(AGAINST SFDSA FOR FAILURE TO GIVE NOTICE AND TO DISTRIBUTE
14 BALLOTS TO ALL MEMBERS AND TIM CONWAY AND KEVIN MACKSOUD AS
PARTIES IN INTEREST UNDER CALIFORNIA CORPORATIONS CODE SECTION
15 7616(c))
16
34. Petitioner and Plaintiff incorporates by reference the allegations in paragraphs 1
17
through 28 above as if fully set forth in this Count and Claim for Relief.
18
35. California Corporations Code Section 7511(a) states:
19
Whenever members are required or permitted to take any action at
20 a meeting, a written notice of the meeting shall be given not less
than 10 nor more than 90 days before the date of the meeting to
21 each member who, on the record date for notice of the meeting, is
entitled to vote thereat; provided, however, that if notice is given
22
by mail, and the notice is not mailed by first-class, registered, or
23 certified mail, that notice shall be given not less than 20 days
before the meeting. Subject to subdivision (f), and subdivision (b)
24 of Section 7512, the notice shall state the place, date and time of
the meeting, the means of electronic transmission by and to the
25 corporation (Sections 20 and 21) or electronic video screen
communication, if any, by which members may participate in that
26 meeting, and (1) in the case of a special meeting, the general nature
of the business to be transacted, and no other business may be
27 transacted, or (2) in the case of the regular meeting, those matters
which the board, at the time the notice is given, intends to present
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VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 for action by the members, but, except as provided in subdivision
(b) of Section 7512, any proper matter may be presented at the
2 meeting for the action. The notice of any meeting at which
directors are to be elected shall include the names of all those who
3 are nominees at the time the notice is given to members.
4
36. California Corporations Code Section 7511(b) states:
5
Notice of a members’ meeting or any report shall be given
6
personally, by electronic transmission by a corporation, or by mail
7 or other means of written communication, addressed to a member
at the address of the member appearing on the books of the
8 corporation or given by the member to the corporation for purpose
of notice; or if no such address appears or is given, at the place
9 where the principal office of the corporation is located or by
publication at least once in a newspaper of general circulation in
10 the county in which the principal office is located. An affidavit of
giving of any notice or report in accordance with the provisions of
11 this part, executed by the secretary, assistant secretary or any
transfer agent, shall be prima facie evidence of the giving of the
12
notice or report.
13
If any notice or report addressed to the member at the address of
14 the member appearing on the books of the corporation is returned
to the corporation by the United States Postal Service marked to
15 indicate that the United States Postal Service is unable to deliver
the notice or report to the member at the address, all future notices
16 or reports shall be deemed to have been duly given without further
mailing if the same shall be available for the member upon written
17 demand of the member at the principal office of the corporation for
a period of one year from the date of the giving of the notice or
18 report to all other members.
19 Notice given by electronic transmission by the corporation under
20 this subdivision shall be valid only if it complies with Section 20.
Notwithstanding the foregoing, notice shall not be given by
21 electronic transmission by the corporation under this subdivision
after either of the following:
22
(1) The corporation is unable to deliver two consecutive
23 notices to the member by that means.

24 (2) The inability to so deliver the notices to the member
becomes known to the secretary, any assistant secretary, the
25 transfer agent, or other person responsible for the giving of
the notice.
26

27 37. California Corporations Code Section 7513 states:
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VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 (a) Subject to subdivision (e), and unless prohibited in the articles
or bylaws, any action which may be taken at any regular or special
2 meeting of members may be taken without a meeting if the
corporation distributes a written ballot to every member entitled to
3 vote on the matter. Unless otherwise provided by the articles or
bylaws and if approved by the board of directors, that ballot and
4
any related material may be sent by electronic transmission by the
5 corporation (Section 20) and responses may be returned to the
corporation by electronic transmission to the corporation (Section
6 21). That ballot shall set forth the proposed action, provide an
opportunity to specify approval or disapproval of any proposal, and
7 provide a reasonable time within which to return the ballot to the
corporation.
8
(b) Approval by written ballot pursuant to this section shall be
9 valid only when the number of votes cast by ballot within the time
period specified equals or exceeds the quorum required to be
10 present at a meeting authorizing the action, and the number of
11 approvals equals or exceeds the number of votes that would be
required to approve at a meeting at which the total number of votes
12 cast was the same as the number of votes cast by ballot.

13 (c) Ballots shall be solicited in a manner consistent with the
requirements of subdivision (b) of Section 7511 and Section 7514.
14 All such solicitations shall indicate the number of responses
needed to meet the quorum requirement and, with respect to ballots
15 other than for the election of directors, shall state the percentage of
approvals necessary to pass the measure submitted. The
16 solicitation must specify the time by which the ballot must be
received in order to be counted.
17
(d) Unless otherwise provided in the articles or bylaws, a written
18
ballot may not be revoked.
19
(e) Directors may be elected by written ballot under this section,
20 where authorized by the articles or bylaws, except that election by
written ballot may not be authorized where the directors are elected
21 by cumulative voting pursuant to Section 7615.

22 (f) When directors are to be elected by written ballot and the
articles or bylaws prescribe a nomination procedure, the procedure
23 may provide for a date for the close of nominations prior to the
printing and distributing of the written ballots.
24

25 38. California Corporations Code Section 5015 defines “Notice” as follows:

26 Any reference in this part, Part 2 (commencing with Section 5110),
Part 3 (commencing with Section 7110), Part 4 (commencing with
27 Section 9110), or Part 5 (commencing with Section 9910) to the
28 time a notice is given or sent means, unless otherwise expressly
14
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 provided, (a) the time a written notice by mail is deposited in the
United States mails, postage prepaid; or (b) the time any other
2 written notice, including facsimile, telegram, or other electronic
mail message, is personally delivered to the recipient or is
3 delivered to a common carrier for transmission, or actually
transmitted by the person giving the notice by electronic means, to
4
the recipient; or (c) the time any oral notice is communicated, in
5 person or by telephone, including a voice messaging system or
other system or technology designed to record and communicate
6 messages, or wireless, to the recipient, including the recipient's
designated voice mailbox or address on such a system, or to a
7 person at the office of the recipient who the person giving the
notice has reason to believe will promptly communicate it to the
8 recipient.
9
39. By the actions alleged herein, the SFDSA did not give all members entitled to
10
vote a notice of the elections for Vice President and Sergeant-at-Arms, or information as to the
11
manner in which ballots could be obtained, the manner in which ballots could be returned or the
12
time by which ballots must be received by the SFDSA in order to be counted.
13
40. By the actions alleged herein, the SFDSA violated California Corporations Code
14
Sections 7511(a), 7511(b) and 7513(c) by failing to give notice to all members of the elections
15
for Vice President and Sergeant-at-Arms, or information as to the manner in which ballots could
16
be obtained, the manner in which ballots could be returned or the time by which ballots must be
17
received by in order to be counted.
18
41. By the actions alleged herein, the notices and other electronic transmissions by
19
the SFDSA did not comply with and violated California Corporations Code Sections 20 and 21
20
and were invalid as notices of elections or as other notices required to be given under California
21
Corporations Code Sections 7511(a), 7511(b) and 7513(c).
22
42. Ballots for the elections on August 10, 2016 and November 9, 2016, for Vice
23
President and Sergeant-at-Arms, were not distributed to every member entitled to vote. Ballots
24
were not distributed to all members either (a) personally or (b) by mail or by electronic
25
communications, or delivered by other means to members their addresses appearing on the books
26
or records of the SFDSA.
27

28
15
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 43. Leaving ballots at General Body meetings or work locations is not personal
2 delivery of ballots to members, is not delivery of ballots to members by mail or common carrier
3 and is not a transmission of ballots to members by electronic means.
4 44. Ballots for the elections on August 10, 2016 and November 9, 2016, for Vice
5 President and Sergeant-at-Arms, were not distributed to (a) members on disability, (b) members
6 at the Academy and (c) members taking correctional course training.
7 45. By the actions and omissions alleged herein, the SFDSA failed to distribute a
8 written ballot to every member entitled to vote in the elections on August 10, 2016, for Vice
9 President and the election on November 9, 2016, for Sergeant-at-Arms.
10 46. By the actions alleged herein, the SFDSA violated California Corporations Code
11 Sections 7513(a) and (c) by failing to distribute a ballot to every member entitled to vote in the
12 elections of Vice President and Sergeant-at-Arms.
13 47. The failure to give notice of the elections and distribute ballots to members
14 deprived members of their right to vote in the special elections for Vice President and Sergeant-
15 at-Arms and affected the outcome of these elections.
16 48. By the actions alleged herein, the SFDSA and its President Eugene Cerbone have
17 violated, and continue to violate, their obligations under the California Corporations Code and
18 the duty of the SFDSA President under Article VI, Section 1(a) of the Bylaws of the SFDSA
19 that: “The President shall enforce a strict observance of the Bylaws and all other laws, rules and
20 regulations applicable to the governing of the Association and the Board of Directors."
21 49. Petitioner and Plaintiff has no plain, speedy and adequate remedy in the ordinary
22 course of law to determine the validity of elections on August 10, 2016 and November 9, 2016,
23 for Vice President and Sergeant-at-Arms and to obtain new elections under procedures that
24 ensure that notices of the elections and ballots are sent or delivered to all members, that all
25 members have an equal and fair opportunity to vote, and that ballots are secure from loss,
26 removal, alteration or other tampering.
27

28
16
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 WHEREFORE, Petitioner and Plaintiff requests that the Court grant relief as set forth
2 below in the Prayer.
3

4 THIRD COUNT AND CLAIM FOR RELIEF
5 (AGAINST SFDSA FOR FAILURE TO PROVIDE REASONABLE ELECTION
PROCEDURES AND TIM CONWAY AND KEVIN MACKSOUD AS PARTIES IN
6 INTEREST UNDER CALIFORNIA CORPORATIONS CODE SECTION 7616(c))
7
50. Petitioner and Plaintiff incorporates by reference the allegations in paragraphs 1
8
through 28 above as if fully set forth in this Count and Claim for Relief.
9
51. California Corporations Code Section 7520 subdivision (a) provides: “As to
10
directors elected by members, there shall be available to the members reasonable nomination and
11
election procedures given the nature, size and operations of the corporation.”
12
52. Among other things, reasonable election procedures include the ability of
13
candidates to mail campaign materials to all members.
14
53. California Corporations Code Section 8320 subdivision (a) provides: “Each
15
corporation shall keep: * * * (3) A record of its members giving their names and addresses and
16
the class of membership held by each.”
17
54. At all material times, the SFDSA has failed to keep a record of its members
18
giving their names and addresses.
19
55. The election procedures for the elections for Vice President and for Sergeant-at-
20
Arms on August 10, 2016 and November 9, 2016 were not reasonable given the nature, size and
21
operations of the SFDSA, including but not limited to the following:
22
a. Ballots were not distributed by mail, electronic mail or personal delivery to all
23
members eligible to vote in the elections, including members on disability or other
24
leaves of absence, members at the Academy and members taking courses.
25
b. The SFDSA did not create, maintain or use a membership list of all members’ names
26
and addresses so that (i) notices and ballots could be send to members and (ii)
27
members could send campaign materials to all members by mail or electronic means.
28
17
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 c. Notice of the date ballots had to be submitted in order to be counted was not
2 distributed by mail, electronic mail or personal delivery to all members eligible to
3 vote in the elections.
4 d. The dates ballot boxes would be delivered to and picked up from locations was not
5 distributed by mail, electronic mail or personal delivery to all members eligible to
6 vote in the elections or to candidates.
7 e. The electronic transmissions to members used by the SFDSA did not comply with the
8 requirements of California Corporations Code Sections 20 and 21 and were
9 ineffective and invalid as communications or notices to members required for
10 elections under California Corporations Code Sections 7511(a), 7511(b) and 7513(c).
11 f. The SFDSA picket up ballot boxes from locations days before the balloting would be
12 closed
13 g. The SFDSA did not take or maintain reasonable methods to insure that, after ballot
14 boxes were picked up and before the counting of ballots, the ballots and ballot boxes
15 could not be opened or otherwise tampered with, that ballots could not be removed
16 from ballot boxes or that additional ballots could not be deposited in the ballot boxes.
17 56. By the acts and omissions alleged herein, the SFDSA violated Corporations Code
18 Section 7520 subdivision (a) in the elections for Vice President and for Sergeant-at-Arms on
19 August 10, 2016 and November 9, 2016 by not providing election procedures that were
20 reasonable given the nature, size and operations of the SFDSA.
21 57. The failure to provide election procedures that were reasonable given the nature,
22 size and operations of the SFDSA deprived members of fair and reasonable elections and
23 election procedures in the special elections for Vice President and Sergeant-at-Arms and affected
24 the outcome of these elections.
25 58. By the actions alleged herein, the SFDSA and its President Eugene Cerbone have
26 violated, and continue to violate, their obligations under the California Corporations Code and
27 the duty of the SFDSA President under Article VI, Section 1(a) of the Bylaws of the SFDSA
28
18
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 that: “The President shall enforce a strict observance of the Bylaws and all other laws, rules and
2 regulations applicable to the governing of the Association and the Board of Directors."
3 59. Petitioner and Plaintiff has no plain, speedy and adequate remedy in the ordinary
4 course of law to determine the validity of elections on August 10, 2016 and November 9, 2016,
5 for Vice President and Sergeant-at-Arms and to obtain new elections under procedures that are
6 reasonable given the nature, size and operations of the SFDSA, that ensure that notices of the
7 elections and ballots are sent or delivered to all members, that all members have an equal and fair
8 opportunity to vote, and that ballots are secure from loss, removal, alteration or other tampering.
9 WHEREFORE, Petitioner and Plaintiff requests that the Court grant relief as set forth
10 below in the Prayer
PRAYER
11

12 WHEREFORE, Petitioner and Plaintiff requests that the Court grant relief as follows:

13 (a) Determine the validity of the election of certain directors of Respondent

14 and Defendant, SAN FRANCISCO DEPUTY SHERIFFS ASSOCIATION (herein

15 “SFDSA”), to wit: The election of Vice-President and Sergeant-at-Arms occurring on

16 August 10, 2016 and November 9, 2016.

17 (b) Set a hearing on this Petition and Complaint within five (5) days of its

18 filing pursuant to Corporations Code section 7616(c), that states:

19 Upon the filing of the complaint, and before any further
proceedings are had, the court shall enter an order fixing a date for
20 the hearing, which shall be within five days unless for good cause
shown a later date is fixed, and requiring notice of the date for the
21 hearing and a copy of the complaint to be served upon the
corporation and upon the person whose purported election or
22
appointment is questioned and upon any person (other than the
23 plaintiff) whom the plaintiff alleges to have been elected or
appointed, in the manner in which a summons is required to be
24 served, or, if the court so directs, by registered mail; and the court
may make such further requirements as to notice as appear to be
25 proper under the circumstances.

26
(c) Following such hearing, direct SFDSA to conduct new elections for Vice-
27
President and Sergeant-At-Arms, using a mail ballot distributed to all members, creating
28
19
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 if necessary a list of all members’ addresses and voting rights, pursuant to the Court’s
2 authority under Corporations Code section 7616(d), that states:
3 The court, consistent with the provisions of this part and in
conformity with the articles and bylaws to the extent feasible, may
4
determine the person entitled to the office of director or may order
5 a new election to be held or appointment to be made, may
determine the validity, effectiveness and construction of voting
6 agreements and voting trusts, the validity of the issuance of
memberships and the right of persons to vote and may direct such
7 other relief as may be just and proper.

8
(d) That, following such hearing, the Court direct SFDSA to employ a neutral
9
third-party, unaffiliated with any incumbent officer of SFDSA or candidate in the
10
elections, to conduct such election, to supervise the mailing, return, collection and
11
counting of ballots and to certify the results of the elections.
12
(e) Award Petitioner and Plaintiff his costs of this action and reasonable
13
attorneys’ fees, including attorney fees under Code of Civil Procedure Section 1021.5.
14
(f) Grant such other and further relief as the Court deems appropriate on the
15
evidence presented.
16

17
Dated: April 6, 2017. KATZENBACH LAW OFFICES
18

19
By
20 Christopher W. Katzenbach
Attorneys for Petitioner and Plaintiff KENNETH
21 LOMBA
22

23

24

25

26

27

28
20
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
1 VERIFICATION
2
The undersigned declares under penalty of perjury under the laws of the State of
3
California as follows: he is the Petitioner and Plaintiff in this action, he has first hand knowledge
4
of the facts stated in the foregoing VERIFIED PETITION AND COMPLAINT TO
5
DETERMINE VALIDITY OF ELECTIONS and could competently testify to them as a witness
6
at a hearing or trial, he has read the foregoing VERIFIED PETITION AND COMPLAINT TO
7
DETERMINE VALIDITY OF ELECTIONS, and he states that the facts stated therein are true
8
and correct, except as to those matters alleged on information or belief, and as to those matters
9
he believes them to be true.
10
Dated: April 6, 2017.
11

12
Kenneth Lomba, Petitioner and Plaintiff
13

14

15

16

17

18

19
20

21

22

23

24

25

26

27

28

21
VERIFIED PETITION AND COMPLAINT FOR DETERMINATION OF VALIDITY OF ELECTION OF
DIRECTORS
EXHIBIT 1
CONSTITUTION
AND
BYLAWS

D 'S

-
CONSTI ··ON&·
IYLAWI

SAN FRANCISCO
DEPUTY SHERIFF'S
ASSOCIATION
CONSTITUTION & BYLAWS
SAN FRANCISCO
DEPUTY SHERIFFS' ASSOCIATION
TABLE OF CONTENTS

Article I: The Name of this Organization .......... . 1
Article II: Purposes ........................... J
Article Ill: Membership ........................3
Article JV: Membership - Bargaining Unit ........ .4
Article V.· Dues ............................. .5
Article VI: Officers of the Association ............. 7
Article VII: Terms of Office .................... 14
Article VIII: Election of Officers ............... . 14
Article IX: Eligibility for Office ................ . 15
Article X: Vacancy or Resignation of Office ....... 17
Article XI: Filing Vacancy of Office ............. 19
Article XII: Meeting - General ................ 20
Article XIII: Meetings - Board of Directors· ....... 22
II
Article XIV: Quorums ........................ 22 i
I
I
Article XV.· Section Representatives .............. 23 i

I
Article XVI: Guest Speakers ................... 23 I

[iJ
Article XVII: Committees ..................... 23
Article XVIII: Employment/Employees ........... 25
Article XIX: Life Insurance .................... 26
Article XX: Audit ........................... 26
Article XXI: Association Holdings ............... 27
Article XX/I: Emergency Financial Assistance ...... 28
Article XX/II: Amendments .................... 28
Article XXIV: Effective Date ................... 29
Article XXV.· Savings Clause ................... 29

[ii]
CONSTITUTION & BYLAWS
SAN FRANCISCO
DEPUTY SHERIFFS' ASSOCIATION
EFFECTIVE
July 1, 1999
ARTICLE I
The name of this organization shall be known as the San
Francisco Deputy Sheriffs' Association. For the sake of
brevity the organization may also be referred to as the
"SFDSA" or "DSA."
ARTICLE II
PURPOSE
Section 1: The purpose of the Association is as follows:
a. To provide representation for its members, as neces-
sary and as provided for in these Bylaws, in matters
relating to employment, working conditions and
benefits;
To provide and maintain a "labor organization'' (as
the term is used in section 501 (c) (5) of the Internal
Revenue Code) that has as its principal purpose the
representation of its employees in such matters as
wages, hours of labor, working conditions, economic
benefits and to maintain a professional political

-1-
organization of the peace officers employed by the
City and County of San Francisco;
b. To promote and encourage the continuance and
improvement of a disability and retirement system for
peace officers employed by the City and County of
San Francisco;
c. To support the highest professional standards for
peace officers by encouraging the departmental estab-
lishment of training, promotional opportunities, and
to encourage educational incentive!) for its members
to continue higher education through accredited insti-
tutions and other methods of instruction;
d. To support and encourage strict adherence to the
merit system provided by Civil Service and to support
and encourage a system of competitive examinations
for both entrance and promotion under Ci vi] Service
(Human Resources);
e. To encourage activities which improve the morale
and general welfare of the members; and
f. To encourage activities among the association mem-
bers that provide community services in the San
Francisco Bay Area.
Section 2: The Association shall take the necessary
measures toward the accomplishment of these purposes.

-2-
Section 3: The Association name shall not be used for any
purpose not related to Association business, without the
majority approval of the Board of Directors present at the
meeting.
ARTICLE Ill
MEMBERSHIP
Section 1: There shaJJ be two (2) classes of membership
in this Association:
a. Active Members
1. Active membership shall be limited to full-time~
paid peace officers of the San Francisco County
Sheriffs' Department, including those Deputy
Sheriffs' on leave of absence as approved by the
Department.
2. All members in good standing shall have the
right to examine the books, reports and corre-
spondence of the Recording Secretary or the
Treasurer of the Association, upon request;
3. All members who are terminated, or otherwise
dismissed by the Department, shaJJ remain in
good standing in this Association, until such time
as aJJ their appellate rights have been exhausted
(including Local, State and Federal levels);
4. Any member who is dismissed or terminated and I
who appeals such dismissal or termination, may I
I
i
I
I

-3-
I
remain a member in good standing pending the
outcome of said appeal (including any judicial
review thereof), upon a majority vote of the
Board of Directors at a General or Special
Meeting, may elect to pay the dues of any such
dismissed or terminated person out of the gener-
al funds of the Association pending the outcome
of the appeal, but in no event shall this payment
be longer than one year from the date of
separation.
b. Retired Members
1. "Retired Membership" shall be available to all
active members in good standing upon their
retirement.
Retired Members may pay dues to the
Association but not to the Operating Engineers
Local Union No. 3.
Retired Members may receive discount admit-
tance to all SFDSA events.
ARTICLE IV
MEMBERSHIP - BARGAINING UNIT
Section J: The Association is affiliated with the Public
Employees Division of the Operating Engineers, Local
!

Union No. 3 of the International Union of Operating I
I

!
Engineers, AFL-CIO. I
I

j

-4-
I
i
Section 2: The Bargaining unit members, represented by
the Association pursuant to Section 3500 et seq. of the
California Government Code, shall also be members in
good standing of the Public Employees Division of the
Operating Engineers, Local Union No. 3 of the
International Union of Operating Engineers, AFL-CIO.
ARTICLE V
DUES
Section 1: Dues of the Association shall be set by vote of
the general membership.
a. Members of the bargaining unit shall pay Association
dues and dues set and approved by the Public
Employee Division of the Operating Engineers, Local
No. 3.
b. Retired members: Retired members may pay five
dollars ($5.00) per month dues to the Association..
Retired members shall also pay the cost of maintain-
ing any insurance or other benefit available through
their Association membership.
Section 2: Payment of dues shall be an authorized payroll
deduction from each member. Retired membership wilJ
be paid directly to Treasurer.*
(* See Article III, Section b)
a. Payment thus made shaJJ be for the pay period for
which the deduction was drawn.

-5-
b. Members paying dues by salary deduction shall be
considered in active status as Jong as the deduction
authorization is in effect.
c. Any member who is drafted into service for the
Armed Forces of the United States, who is mobilized
(activated) as a member of the Military Reserve or
National Guard for a National or State emergency,
shall remain an active DSA member without payment
of dues for the duration of their Military obligation,
involving National or State emergency. This section
does not apply to the normal obligation of
Reserve/National Guard status (Summer camp or
meetings) in any of the above military units.
Section 3: Change of Dues
a. If a change of Association dues is to be considered,
the membership shall be advised in writing by the
Secretary through the Shop Stewards. Members shall
vote by secret ballot given to the Shop Stewards at the
monthly general body meeting. For dues changes,
baJlots shall be at the work sites for a minimum of fif-
teen ( 15) days prior to col!ection. Ba11ots will be
returned to the Secretary via ballot boxes at a desig-
nated time for collection. A majority vote of ballots
returned is necessary. to change the dues structure.

I
-6- I
I
i
I
b. Changes in dues to the Public Employees Division of
the Operating Engineers, Local No. 3 shall be set in
accordance with the Union's Bylaws.
ARTICLE VI
OFFICERS OF THE ASSOCIATION
Section 1: Management of the Association's business
shaJJ be vested in its Board of Directors. The Board of
Directors shall consist of seven (7) Executive Officers
(President, Vice-President, Secretary, Treasurer, Sergeant-
at-Arms, Parliamentarian and Immediate Past President)
and Shop Stewards as determined by the number of facil-
ities and satellite units needing representation.
a. PRESIDENT: The President shall be the chief execu-
tive officer and shall preside at all meetings of the
Association and of the Board of Directors. The
President shall enforce a strict observance of the
Bylaws and all other laws, rules, and regulations
applicable to the governing of the Association and the
Board of Directors. The President shall be empow-
ered to designate committees and appoint member-
ship there to, which are not provided for. The
President shall be an ex officio member of all com-
mittees. The President shaJJ require aIJ officers of the
Association to diligently and faithfuJly perform their
duties, and it shaJI be the President's duty to forthwith I
,I
report to the Board of Directors any dereliction that I

I

-7-
may come to the President's notice. The President
shal J announce the decision of the Association or the
Board of Directors on all subjects. The President shall
sign all reports, certificates, documents or correspon-
dence that may be required. The President shall per-
form other duties as the nature of said office or a
majority of the board may require. The President shalJ
call meetings of the Board of Directors and the
Association as provided by these Bylaws.
Duties of the president's office may also include:
a. Attending S.F. Board of Supervisor's Meetings,
including relevant Budget Committee Meetings,
b. Maintaining communication with the Mayor/
Mayor's Office representative(s),
c. Maintaining communication with the designated
Operating Engineer's Local 3 Business Repre-
sentative regarding any potential disciplinary
proceedings, or actions and or appeals thereof.
d. Maintaining close communication with Shop
Stewards and all sworn staff, by making sched-
uled and random visits to all facilities.
e. Attending all pertinent S.F. Labor Council
Meetings.
f. Representing SFDSA at (CCLEA) and other pro-
fessional organization meetings.
-8-
g. Fostering constructive relationships with local~
state and national law enforcement organiza-
tions.
h. Taking his/her own initiative to promote the pur-
poses of the DSA as stated in Article II., Section
1 through Section 3 of the DSA Bylaws.
b. VICE-PRESIDENT: In the absence of or the inabili-
ty of the President to act, the Vice-President shall
assume the powers and duties of the office of
President. In the event of the absence or disability of
both the President and the Vice-President, the Board
of Directors shalI select a President pro tempora from
their membership who, while so acting, shall possess
all the powers of that office. The Vice-President shaU
insure that committee reports are made on time. The
Vice-President shall provide direct-ion for committees
in cooperation with the chairperson. The Vice-
President shaJJ insure that the committee chairperson
submit reports in accordance with the Bylaws.
c. SECRETARY: ShaH keep the ro11 of the members~
current and complete minutes of alJ meetings of the
Association and of the Board of Directors. The
Secretary shalJ oversee, at the Deputy Sheriff's
Association administrative offices, an accurate filing
sys~em for recaJJ of aJJ reports, minutes and corre-
spondence pertaining to Association business as

-9-
needed. The Secretary shall attend to aJJ correspon-
dence and issue all notices, documents and communi-
cations not otherwise provided, for the necessary
transaction of business of the Association and as pro-
vided by the Bylaws. The Secretary shall at all times
keep inventory of the contents of any safe deposit box
and shall perform such other duties as may be
required by said office or by the Board of Directors.
The Secretary shall submit aJJ the books, records,
papers, documents, etc. in said possession or under
said control to an authorized auditor whenever
requested. At the expiration or sooner termination of
the Secretary's tenure of office, the Secretary shall
deliver to said successor all books, documents, files,
papers, equipment and/or other matters belonging to
the Association or to said office. The Secretary shall
notify the general membership and the Board of
Directors of all regular and special meetings of the
Board and the Association in accordance with the
Bylaws. The Secretary shall inform the Treasurer
immediately of any checks that were issued during
the Treasurer's absence or unavailability, and give the
pertinent information as required by the Treasurer.
d. TREASURER: ShaJJ maintain the financial records
and funds of the Association and make necessary dis-
bursements, in accordance with the Bylaws. The
Treasurer shall retain the services of a professional

-10-
bookkeeper subject to the approval by the Board of
Directors for the preparation of all financial state-
ments, County, State, and Federal corporate tax
returns and general accounting services as required.
The Treasurer will be responsible to see that the
above functions are carried out properly and in a
timely manner. Association funds shalJ be maintained
in accounts as named by the Board of Directors and
the Bylaws. Checks drawn on Association funds shall
require two signatures when funds to be disbursed are
in the amount of one thousand dollars ($1,000) or
more: That of the President, Vice-President, the
Secretary, or the Treasurer. The Treasurer shall issue
checks up to and not exceeding three hundred dollars
when requested by legitimate 501(c). 3 non-profit
organizations as directed by the Executive Board 7

except in cases of San Francisco Political campaign
contribution, which the Treasurer can issue checks up
to five-hundred dolJars. No personal expense funds
shall be drawn with out the submission of an expense
statement indicating the date and reason for such
expense and approved by the Executive Officers.
Should the Association affiliate with another dues-
paying organization, the Treasurer shall also collect
dues on behalf of that organization and forward same
to such affiliated organization.

- J 1-
e. SERGEANT-AT-ARMS: The Sergeant-at-Arms shaJJ
maintain order _at_ __alJ_ As_£ociati0_n __ meetings. The
Sergeant-at-Arms shall pass out and collect all docu-
ments during all meetings. The Sergeant-at-Arms will
also maintain an attendance sign-in Jog at each meet-
ing which he/she will give to the Secretary at the
completion of each meeting.
f. PARLIAMENTARIAN: Association Bylaws and
Robert's Rules of Order shalJ govern the conduct of
the Association Business. The Parliamentarian,
appointed by the President and ratified by the Board
of Directors, shall be well versed in said rules and
Bylaws, and shaJJ attend aJJ meetings of said Board
and Association. In the event of a conflict, the Bylaws
will prevail.
g. IMMEDIATE PAST PRESIDENT: Liaison with the
incoming President. Ex officio of the Negotiations
Committee. In the absence of the President and Vice
President, will preside over the Shop Steward training
and general membership meeting.
h. SHOP STEWARDS: Shop stewards are elected at
large from the members assigned to specific divisions
and units and shall be the rank of Deputy Sheriff.
Additional Shop Stewards may be added to new divi-
sions and units upon the approval of the Board of

-12-
Directors. The current Shop Steward representatives
are as follow:
1. One Shop Steward for each jail on each watch (mid-
night, day and swing). The current jail facilities in
this area are County Jails #1, 2, 3, 7, 8 and 9.
Additionally, Treasure Island Brig, upon opening.
2. One Shop Steward assigned to the following
areas:
1- Alternative Programs
1- Backgrounds, R&D and 'Training
1- City HaIJ
1- Administration & Civil
I- HaH of Justice Courts
1- McAllister Street Courts
1- SFGH - Ward 7D
1- Transportation
1- YGC Courts
1- Classifications
1- Central Warrant Bureau
1- Station Transfer Unit
1- CAD 911 Unit
I

3. One Shop Steward elected from the ranks of '
I

Senior Deputy, Sergeant, Lieutenant and I
Captain/Chief Deputy for a totaJ of four. I

- ) 3-
ARTICLE VII
TERMS OF OFFICE
Section 1: The offices of President, Vice President,
Secretary, Treasurer and Sergeant-at-Arms shall be for
two years. These offices shall be for two years beginning
January 1, 1999.
Section 2: The offices of Shop Stewards sha1l be for two
years. These offices sha1l be for two years, with the next
term beginning January 1, 2000.
ARTICLE \till
ELECTION OF OFFICERS
Section 1: The President, prior to the September meeting
in odd-numbered calendar years, shall appoint a nominat-
ing committee from the ranks of the active members. The
committee will nominate candidates for Executive
Officers in odd number years and Shop Stewards in even
number years. In the October general body meeting the
nominating committee shall present to the membership
incumbent nominations. Additional nominations may be
received from the floor by the conclusion of the meeting.
Section 2: At the November general body meeting the
nominating committee shall make available ballots to
each Shop Steward for the purpose of each active member
to vote. A space for a write-in candidate for each position
will be on the ballot. A Jetter size envelope and a legal size

-14-
envelope shall aJso be made available. Instructions for
voting shall be provided to each active member by the
Shop Steward.
Section 3: BaJJots shall be returned via the ballot box at
the December general body meeting. Prior to opening of
the baJJot boxes, the nominating committee chair will use
a check off list, to ensure that all ballot boxes have been
received from each facility and all satellites. No ballots
will be counted, until all baI1ot boxes are present. Ballots
shall be opened and counted before the members present.
Those members elected by a majority of the returned bal-
lots shall assume office as of the January general body
meeting. The number of votes counted for each candidate
shall be announced.
ARTICLE IX
ELIGIBILITY FOR EXECUTIVE
OFFICERS POSITION
Section I: Active members of the Association, who are
also members of the bargaining unit shaII be eligible for
Executive Officers (President, Vice-President, Secretary,
Treasurer and Sergeant-at-Arms) in the ~ssociation, in
accordance with the Bylaws, if they meet the following
requirements:
a. At least two (2) years seniority as a member, with at
least one ( 1) year service on a committee or verified
attendance of at least fifty percent (50%) of the gen-

-15-
eral bodv- meetings.
v
,.\ttendance \\'ill be determined bv•
an attendance sign-up sheet maintained by the
Secretary. The nominee must meet the requirements
for attendance ,vithin the l\vo (2) years prior to their
nomination; and
b. Submission of an application for nomination
endorsed by at least t\vo (2) active members of the
Association.
c. Any Executive Officer having incurred a formal sus-
pension" or having been charged \vith a criminal
offense shall voluntarily resign his/her position on the
DSA Executive Board for the remainder of their term.
Section 2: Retired members may not hold office in this
Association.
Section 3: Deputy Sheriffs running for office in this
Association must be on full or modified duty status at the
time nominations are made for the office.
Section 4: Only sworn staff in the ranks of 8302 through
8314, who meet the above requirements~ may run for and
hold an Executive Officer position.
Section 5: When assuming an office on the Executive
Board the officer must be on fulJ or modified duty status.

- I 6-
.~RTICLE X
\AC ..\NC'\. OR RESIGNt\TION OF OFFICE
Section I: The office shall be deemed vacated ,vhen the
elected officer terminates employment ,vith the San
Francisco Sheriffs Department. either by resignation.
extended leave of absence. retirement or by resignation of
said office.
Section 2: Offices shall be deemed vacated when any
Board of Director member (Executive Officer and/or Shop
Steward) misses two or more Board of Directors training
meetings and/or t\vo or general membership meetings
with an unacceptable reason to the Board or general mem-
bership. The Secretary shall keep the attendance records
and advise the Board of Directors when an officer appears
in default. The Board of Directors shall present the default
records at the next regular monthly meeting for a floor
vote to determine if the office shall be deemed vacated.
. The DSA President has the power to excuse Board of
Director members from scheduled meetings.
Section 3: Offices shall be deemed vacant when the elect-
ed officer is no longer a member of the Bargaining unit,
either through advancement to a rank not represented by
the Association, or by cancellation of membership in the
Association.
Section 4: Shop Steward positions shall be deemed vacant
when an elected steward transfers from said unit or is pro-

- I 7-
mated to a rank higher than 8306 Senior Deputy. If a
Senior Deputy shop steward through Captain/Chief
Deputy is promoted to another rank, then the position
would be deemed vacant.
Section 5: Removal from the Board of Directors for
Cause:
a. Charges against any member of the Board of
Directors may be filed in writing with the Board of
Directors at any monthly general body meeting by a
member of the Association in good standing. Said
charges shall be referred to a special investigating
committee of five (5) members of the Board of
Directors. The committee will consist of three (3)
selected by the President and two (2) members select-
ed by the Vice-President. If the charges are against
the President, the Vice-President shaJI choose three
(3) members and the Secretary shall choose (2) mem-
bers. If the charges are against the Vice-President, the
President shall choose (3) members and the Secretary
sha11 choose two (2) members. The accused Board
member shalJ not be a member of the investigating
committee.
b. A two-third (2/3) vote of the entire membership of the
Board of Directors of the Association will be neces-
sary to impose any action on a member found guiJty
of any wrong doing.

-18-
c. The removed Director may request appeal to the
Association within fifteen ( 15) days from the vote of
the Board of Directors, and if the Association by a
majority vote of the Board of Directors affirm the
vote, the action of the Board shaJJ stand as the vote of
the Association. After such affirmation, such mem-
ber's position on the Board of Directors shaJJ be
declared vacant and filJed like any other vacancy.
ARTICLE XI
FILLING VACANCY OF OFFICE
Section /: If the office of any member of the Board of
Directors, with the exception of the President, is ·vacated
during the first eighteen ( 18) months of a term the 7

President shaJJ caJJ for a special election.
a. If the vacancy occurs in the last six months of the
term, the Board of Directors shall appoint a successor
from eligible candidates.
Section 2: If the President vacates said key office, it shaH
be filled by the Vice-President.
Section 3: Special Elections may be caJled upon when a
vacancy for the office of the Vice-President, Secretary,
Treasurer and Sergeant-at-Arms occurs.
Section 4: If the Secretary's office is vacated, the
President shall provide ba1Jots to the shop stewards at the
next general meeting for the entire membership; Returned

-19-
ballots wilJ be due at the next general membership meet-
ing. The nominating committee shall count the baJJots and
the person receiving a majority vote shall be notified as
the newly elected officer of said appointment. Said officer
shall be seated as the first order of business at the next
meeting of the Board of Directors.
Section 5: If a vacancy occurs under Section 3 above, the
President shall appoint a nominating committee from the
General Membership, who shall prepare a list of candi-
dates prior to the ballots being mailed. The list sha11 com-
ply with Article IX, Section 1: a and b.
Section 6: If a vacancy occurs for the position of shop
steward, the President shall appoint a person(s) to hold a
nomination, balloting and an election process (at the facil-
ity or satellite), to fill the position. The outcome will be
reported at the next General Meeting.
ARTICLE XII
MEETING - GENERAL
Section I: General meetings of the Association shall be
held the sec9nd Wednesday of every month, except when
the second Wednesday of the month is a legal holiday, or
unless announced by the Secretary no Jess than seventy-
two (72) hours before scheduled meeting. If the second
Wednesday is a holiday, the Secretary shall post the
adjusted general meeting date for that month at Jeast sixty
(60) days prior to the meeting. Each member of the Board

-20-
of Directors shall receive an agenda for the monthly gen-
eral membership meeting during the monthly training
meeting. The Executiuve Board shaH make an effort to
hold at least two (2) or more General Body meetings at the
San Bruno facility.
Section 2: Meetings of the Board of Directors are open to
the general membership. General members are aJJowed to
speak during this meeting. Only Board of Directors mem-
bers are aJJowed to vote on issues discussed during the
meeting.
Section 3: Voting shall be open. Secret ballots are permit-
ted only when considering a benefit for an individual
member, or when any Board member asks for a secret
ballot. Proxy voting is not authorized.
Section 4: Overrule of Board of Directors by Membership:
a. To overrule an action voted in by the Board of
Directors a written request of seventy-five (75) mem-
bers of the Association in good standing shaIJ be
delivered to any Exective Board Member of the
Association within thirty (30) days of passage of the
disputed action.
A Special meeting shalJ be called by the Secretary, in
accordance with ARTICLE XII, Section l of these
Bylaws, for the purpose of determining the propriety
of the disputed action.

-21-
ARTICLE XIII
MEETINGS - BOARD OF DIRECTORS
TRAINING AND SPECIAL MEETINGS
Section 1: The Board of Directors shall have a monthly
training meeting. Board of Director members wiJI receive
notification of the time and place of the training meeting
from the Secretary at least three (3) days prior to each
training meeting.
Section 2: Members of the Board of Directors and/or the
President may call for special meetings of the Board at
any time. Five members of the Board are necessary to
request such special meeting at any time it is deemed nec-
essary, subject to three (3) days notice from the Secretary,
unless waived by a Board of Directors majority.
ARTICLE XIV
QUORUMS
Section 1: Those present at a general and/or special meet-
ing shall constitute a quorum for that meeting provided
that notice of said meeting and agenda, has been duly sent,
in accordance with ARTICLE XII, Section 1 of these
Bylaws.
Section 2: At least three (3) Executive Officers or a total
of seven (7) of the Board of Directors sha1l be present to
constitute a quorum for a general meeting or special meet-
ing of the Board of Directors. No affirmative action may

-22'-
be taken by the Board of Directors without at least seven
votes in favor of such action.
ARTICLE XV
SECTION REPRESENTATION
Section 1: To insure that needed accurate information is
passed along to all the members different units as outlined
in ARTICLE VI, Section 1: g shall be known as Shop
Stewards. The Shop Steward will pass along information
to other members within said unit. The Shop Steward wilJ
also serve as a member of the Board of Directors.
ARTICLE XVI
GUEST SPEAKERS
Section 1: No guest shall address the membership at any
regular or special meeting without prior approval of the
President. The President shall limit the time and subject
matter of any guest addressing the membership.
ARTICLE XVII
COMMITTEES
Section 1: Standing Committees: There shall exist the fol-
lowing permanent committees:
a. Benevolent
b. Budget
c. Buyers Club
d. Cellular Phone Liaison
e. Community Relations

-23-
f. Constitution and Bylaws
g. Corporate Liaison
h. Entertainment
. Law Enforcement Organization Membership
1.
.
J. Mainline Newsletter
k. Negotiations
J. Nominations
m. Peer Support Liaison
n. Political Action Committee
o. Political Action Committee - Field Operation
p. Real Estate
q. Retirement - Disability
r. Retreats
s. Safety
t. Scholarship
u. Sports
V. Training
w. Website
Section 2: Each committee shall have a Chairperson
appointed by the President. Each committee shall appoint
a record keeper for the said committee and he/she sha11
keep one copy of records and provide another copy of
records to the Association Secretary.
Section 3: Special Committees
In addition to the Standing Committees set forth in
Section 1, of this Article, the President, subject to the

-24-
approval of the Board, may from time to time establish
Special Committees as the President deems appropriate.
Section 4: Officers of the Board of Directors shall not
chair more than one (1) Standing Committee and one (1)
Special Committee at the same time.
a. The Secretary wilJ be responsible for maintaining
proper records of the reports received from various
Committees, the holder of said office shaJJ not chair a
Standing Committee; however, the Secretary may
serve on a Special Committee as set forth in Section
3 of this Article.
ARTICLE XVIII
EMPLOYMENT/EMPLOYEE
Section J: Employment:
Based upon the need of the association, discussed and ·
voted on by the Board of Directors, the Executive Board
wiJI hold an application, interview and hiring process. The
scope of employment will be discussed and voted on by
the Board of Directors.
Section 2: Employee:
The salary and benefits paid to any employee of the asso-
ciation will be discussed and voted on by the Board of
Directors. The payroll for such employee will be carried
out by the Treasurer. The hiring, employing and termina-

-25-
tion of any said employee will foJlow in accordance with
aJI Local, State and Federal Labor Codes.
ARTICLE XIX
LIFE INSURANCE
Section 1: Life Insurance:
After the Union initiation fee is paid in full, a death bene-
fit shall be paid to each member in good standing with
Local 3. Said benefit shaJJ not be Jess than two thousand
fie hundred dollars ($2,500.00). The death benefit wiU be
paid to the beneficiary on record with Local No. 3.
Section 2: Miscellaneous Insurance:
The Association shaJl provide, if available, other )ow-cost
insurance that at least a majority of members have voted
to participate in. The cost of such insurance shal1 be an
additional amount added to the Association dues already
determined under ARTICLE V of these Bylaws.
ARTICLE XX
AUDIT
Section 1: A bi-annual audit shall be conducted in January
of the year the Treasurer is elected. The audit shall be con-
ducted by a committee of three general members appoint-
ed by the President who are not currently serving on the
Board. The audit sha1J consist of a review of Association
minutes, Treasurer's Records and Roster of Members to
insure proper receipt and disbursement of Association
-26-
funds. A written report shaJJ be delivered to the President
by the last Friday of the month of April in the year said
audit is conducted. In compiling the audit, the committee
shaJJ insure that the Officers of the Association have com-
plied with their official duties according to these Bylaws
in providing the required documentation. The committee
wiH bring to the attention of the President any discrepan-
cies noted. The President will submit copies of the Audit
Committee's report to the Board of Directors at the Board
of Directors meeting held on the second Wednesday of
May of the year said audit is conducte.J. This report shall
be available to the members by June 15 of said year.
ARTICLEXXI
ASSOCIATION HOLDINGS
Section 1: The Association may, in addition to its accounts
in various Banks, Credit Unions, or Savings and Loan
Associations, hold a portion of its assets in Real property,
real estate, and/or buildings and leases thereon, subject to
the approval of the Board of Directors and general
membership.
Section 2: The Treasurer shaH report at the monthly general
meeting on the financial standing of the organization.

-27-
ARTICLE XXII
EMERGENCY FINANCIAL ASSISTANCE
Section J: This Association shall not make Joans for non-
emergency reasons. If at any time a dire need or serious
emergency should occur wherein a member of the
Association requires assistance of a financial nature,
excluding any financial hardship incurred due to a crimi-
nal conviction, consideration of the matter shall be made
to the Executive Board. Any Joan made to a member, wilJ
have a majority vote of the Board of Directors. Any loan
allocated wilJ require 1oanee to make, in writing, a pay-
back schedule.
ARTICLE XXIII
AMENDMENTS
Any amendments to the Bylaws must be proposed in type-
written form and submitted to the Board for consideration
at a regularly scheduled monthly meeting or Special caJJed
meeting. The Board shaJI not be empowered to accept or
reject any proposed amendment, but may offer advice and
suggest changes to the submitting member or members.
Following consideration by th~ Board, the proposed
amendment must be submitted to the Secretary with the
signature of at least fifty (50) members of the Association.
Thereafter, at least fifteen ( 15) days prior to the next reg-
ularly scheduled meeting of the Association, the Secretary
shall mail to each board member copies of the proposed

-28-
Bylaws change. The Shop Stewards will pass out the bal-
lots to members they represent. The baJJots shall be
returned via ballot boxes and counted at the general body
meeting. The results of the ballot shall be made known to
the membership during the meeting. A two-thirds majori-
ty vote of the ballots returned shall be required for any
proposed amendment to pass.
ARTICLE XXIV
EFFECTIVE DATE
These Bylaws, replace a11 previous Byla'-,vs and amend-
ments thereto, and shall become effective immediately
upon ratification and adoption by a majority vote returned
by the members of the Association.
ARTICLEXXV
SAVINGS CLAUSE
If any provision of these Bylaws shall be held invalid by
operation of Jaw or by any court of competent jurisdiction,
the remainder of these Bylaws shall not be mitigated, and
will remain in fuI1 force and effect until revised according
to due process.
(Rev. 5/99)

opeiu-3-afl-cio (3)

-29-
'
I 'i
The Deputy Sheriffs' Association ('~DSA"), Officers,
Shop Stewards, and the Operating Engineers Local Union
No. 3 ("Union") are pleased to provide you with a com-
plete and compact copy of ,our current Constitution and
Bylaws. We hope you keep your copy available for your
reference.

If you have a question about this document, the first
person you should speak with is your shop steward. If
needed, please feel free to call an officer or your Union
representative.

Thanks are owed to the following members who spent
hours on this project:

Vincent satelJite
Dwight "Mike" Gunn
Dave Hardy
Scott Miller
Kevin Paulson
Annette Cruz-PadiJJa
Al Waters

-30-
OPERATING ENGINEERS LOCAL UNION NO. 3
of the International Union of
Operating Engineers, AFL-CIO

OFFICERS

Donald R. Doser, Business Manager
John Bonilla, President
Max Spurgeon, Vice President
Robert L. Wise, Rec. Corres. Secretary
Darell Steele, Financial Secretary
T. Robert Mi lier, Treasurer
EXHIBIT 2
SAN FRANCISCO DEPUTY SHERIFFS' ASSOCIATION, INC.
1
"Serving the Deputy Sheriffs of San Francisco since 1952"
PRESIDENT VICE-PRESIDENT TREASURER SECRETARY SERGEANT-AT-ARMS
Eugene Cerbone Vacant ScottOsha John Lawsha Tim Conway

San Francisco Deputy Sheriff's Association
Vice President Nomination Form

The Vice President position for the SFDSA Executive Board is open for nomination, balloting, and election process.

Please write legibly, including name, star number, executive board position, who nominated the deputy and who
seconded the nomination. All nomination eligibility is subject to Article 9 of the SFDSA Constitution and By-laws.

All nominees must be nominated and seconded by. a sworn SFDSA, 8302/8304/8504/8306/8506, member in good
standing.

Nomination forms are being emailed to all SFDSA members that the SFDSA Secretary has email addresses for, sent out
on an all facility fax, and passed out at the June 8, 2016 general body meeting. Nomination forms will also be available
at the SFDSA Union Hall.

ALL nomination forms MUST be turned in to the SFDSA Secretary, dropped into the mail slot at the SFDSA Union
Hall, 35 Gilbert Street San Francisco, or faxed to the SFDSA Union Hall. All nomination forms MUST be received by
1700 hours on July I, 2016.

The ballots for any contested position will be made available at the July 13, 2016 general body meeting. The ballots
MUST be returned to the SFDSA Union Hall by 1600 hours on August 10, 2016. The ballots will be counted during the
August 10, 2016 general body meeting.

Each candidate has to provide a statement outlining their eligibility for their nominated position:

VICE PRESIDENT BOARD NOMINEE: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Name & Star Number)

NOMINATED BY: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Name & Star Number)

SECONDED BY: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Name & Star Number)

If you have any questions or you need a nomination form, call President Eugene Cerbone at 415-696-2428.

P.O. Box 77590 San Francisco, CA 94107
Phone: (415) 696-2428 www.SanFranciscoDSA.com Fax: (415) 658-7210
EXHIBIT 3
SAN FRANCISCO DEPUTY SHERIFFS' ASSOCIATION, INC.
"SCIWUe9 tk Ve,futtef S ~ ' °6' San 7 ~ ~ 1952"
PRESIDENT VICE-PRESIDENT TREASURER SECRETARY SERGEANT-AT-ARMS
Eugene Cerbone Tim Conway ScottOsha John Lawsha

TO: All SFDSA members

FROM: John Lawsha, Secretary

REF: Sergeant-at-Arms Nomination & Election

DATE: September 14, 2016

The Sergeant at Arms position for the San Francisco Deputy Sheriffs' Association is
open for nomination, balloting, and election process.

The Sergeant at Arms position is defined in the SFDSA Constitution and Bylaws,
Article VI section e as: "The Sergeant-at-Arms shall maintain order at all Association
meetings. The Sergeant-at-Arms shall pass out and collect all documents during all
meetings. The Sergeant-at-Arms will also maintain an attendance sign-in log at each
meeting which he/she will give to the Secretary at completion of each meeting."

ALL nomination forms MUST be turned into the SFDSA Secretary, dropped into the
mail slot at the SFDSA Union Hall, 35 Gilbert Street San Francisco, or faxed to the
SFDSA Union Hall by 1600 hours on 10/12/16.

The ballots will be made available on 10/13/16.

Starting on 11/7/16, the ballot boxes will be picked up.

All ballots MUST be returned to the SFDSA Union Hall by 1600 hours on 11/9/16. The
ballots will be counted during the SFDSA general body meeting on 11/9/16.

ALL SFDSA members, in good standing, are allowed and encouraged to participate in
this election.

If you have any questions or you need a nomination form, call President Eugene
Cerbone at (415) 696-2428 or email me at sfdsasecretary@gmail.com. Thank you.

*Read and follow the direction on the nomination form.
P.O. Box 77590 San Francisco, CA 94107
Phone: (415) 696-2428 www.SanFranclscoDSA.com Fax: (415) 658-7210
SAN FRANCISCO DEPUTY SHERIFFS' ASSOCIATION, INC.
~UWV tJ,,, °'1-t cf~ 1
'( er. rl6fJK(,tio, llitH 1952
11

PRESIDENT VICE-PRESIDENT TREASURER SECRETARY SERGEANT-AT-ARMS
Eugene Cerbone Tim Conway ScottOsha John Lawsha Vacant

San Francisco Deputy Sheriff's Association
Sergeant at Arms Nomination Form

The Sergeant at Arms position for the SFDSA Executive Board is open for nomination, balloting, and election process.

SFDSA Constitution and Bylaws Article VI e
"The Sergeant-at-Arms shall maintain order at all Association meetings. The Sergeant-at-Arms shall pass out and
collect all documents during all meetings. The Sergeant-at-Arms will also maintain an attendance sign-in log at each
meeting which he/she will give to the Secretary at completion of each meeting."

Please write legibly, including name, star number, executive board position, who nominated the member and who
seconded the nomination. All nomination eligibility is subject to Article 9 of the SFDSA Constitution and By-laws.

All nominees must be nominated and seconded by a sworn SFDSA, 8302/8304/8504/8306/8506, member in good
standing.

Nomination forms are being emailed to all SFDSA members that the SFDSA Secretary has email addresses for, sent
out on an all facility fax, and passed out at the September 14, 2016 general body meeting. Nomination forms will also
be available at the SFDSA Union Hall.

ALL nomination forms MUST be turned in to the SFDSA Secretary, dropped into the mail slot at the SFDSA Union
Hall, 35 Gilbert Street San Francisco, or faxed to the SFDSA Union Hall. All nomination forms MUST be received by
1600 hours on October 12, 2016. Nominations forms shall NOT be placed into ballot boxes.

Each candidate has to provide a statement outlining their eligibility for their nominated position:

SERGEANT AT ARMS NOMINEE:
------------------------
(Name & Star Number)

NOMINATED BY:
- - - - - - - - - - - - - - -(Name
- -&-Star
-- ---------
Number)

SECONDED BY: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Name & Star Number)

If you have any questions or you need a nomination form, call President Eugene Cerbone at 415-696-2428.

P.O. Box 77590 San Francisco, CA 94107
Phone: (415) 696-2428 www.SanFranciscoDSA.com Fax: (415) 658-7210
EXHIBIT 4
San Francisco Deputy Sheriffs' Association
Special Election for the Vice-President
Vote for only ONE (1) candidate. Multip)e votes and/or ballots WILL invalidate the entire ballot card.
Place an "X'' on the line to the left of the candidates' name.

VICE-PRESIDENT

Tim Conway
~ Ken Lomba

WRITE-IN CANDIDATE*
Name of candidate

* Only one write-in candidate. All write-in candidates MUST meet the eligibility requirements per
the SFDSA Constitution and Bylaws.

ot boxes will be picked up starting Monday, August 8, 2016. ALL ballots MUST be returned to the
ton hall, 35 Gilbert Street San Francisco, by 1600 hours on Wednesday, August 10, 2016. The
counted at the General Body Meeting on Wednesday, August 10, 2016.
EXHIBIT 5
Special Election for
Sergeant-at-Arms

VOTE FOR ONE (1) CANDIDATE ONLY.
PLACE AN "X" NEXT TO THE CANDIDATE OF YOUR CHOICE.

Kevin Macksoud

Ken Lomba

W rite-Jo Candidate

The ballot boxes will be picked up starting on Monday, November 7, 2016. The ballots
will be counted during the General Body meeting on Wednesday, November 9, 2016.

ALL ballots MUST be turned in to the SFDSA Union Hall by 1600 hours on
Wednesday, November 9, 2016.