PROPOSED BY-LAWS 2006

ASSOCIATION OF EDUCATORS / CTA/NEA

Department of Education, San Diego County

 

I.           Name

The name of this organization shall be Association of Educators, CTA/NEA, Department of Education, San Diego County.

II.        Purposes

The primary purposes of this Association shall be:

1.  To represent its members in their relations with their employer, as the exclusive representative of appropriate units of school employees in all matters relating to employment conditions and employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment;

2.  To form a representative body capable of developing group opinion on professional matters to speak with authority for teachers;

3.  To provide a means of representation for its ethnic-minority members;

4.  To provide a means of representation for continuous study and action on problems of the profession;

5.  To promote professional attitudes and ethical conduct among members;

6.  To encourage cooperation and communication between the profession and the community; and

7.  To foster good fellowship among members

III.    Affiliation with the United Teaching Profession (UTP)

1.  The Association of Educators shall be a chartered chapter of the California Teachers Association 9CTA).

2.  The Association of Educators shall be an affiliated local association of the National Education Association (NEA).

IV.        Membership

1.  The active membership class shall be open to any person who is engaged in or who is on limited leave of absence from professional educational work and whose personnel classification is such as not to hold supervisory responsibility over other certified employees to such an extent as not to be represented in the negotiations process by the teachers bargaining unit.

2.  Membership shall be granted upon payment of annual United Teaching Profession (UTP) dues appropriate to the class of membership.

3.  The right to vote and to hold elective office or appointive position shall be limited to active members.

4.  Members shall be eligible to receive special services, to obtain assistance in the protection of professional and civil rights, and to receive reports and publications of the Association.

5.  An individual who is serving as a negotiator for a public school employer shall not be eligible for membership in the Association.

6.  Active members shall adhere to the Code of Ethics of the Education Profession.  The rights to and the privileges of membership shall not be abridged in any way because of age, sex, race or ethnic group, creed, color or national origin, marital status or sexual orientation.

7.  The membership year shall be that period of time from September 1st of any given calendar year through August 31st of the following calendar year, inclusive.

V.           Dues, Fees and Contributions

1.  The basic annual dues level for Active Members shall be sufficient to cover the operating expenses of the Association, the dues of CTA and NEA.

2.  The Association’s portion of the basic annual dues shall be established by the action of the Executive Council of the Association at the last regular meeting of the school year.

3.  Annual membership dues and/or annual service fees may be paid in cash, by payroll deduction, or by special arrangement.  The amount shall be prescribed in Article V-1 and V-2 each year following the adoption of the Annual Budged by the Executive Council.

4.  Membership in a given class or category shall be continuous after initial enrollment until delinquent or until a change in professional status shall make the member ineligible for that class or category.  If by October 31st of any calendar year an active member has not either paid the established annual membership dues for the current year or made satisfactory arrangements for payment, that person’s membership shall be considered as delinquent and the person’s name dropped from the membership rolls.  Any agreements made between the Board of Education and Association pertaining to the collection of non-member fees and payments shall apply herein.

5.  Special assessments beyond normal annual dues may be levied in the event of an emergency by a two-thirds (2/3) majority vote of the voting Membership following ten (10) days notice.

6.  Contributions may be accepted for the general budget by action of the Executive Council.  Donations of materials or property may also be accepted by similar action.  Where conditions as to use are attached to a contribution or donations, the Executive Council shall set policies within which such contributions or donations may be accepted.

7.  The Executive Council shall not incur indebtedness where the payments for same exceed the amount provided in the budget for that purpose without prior approval of two-thirds (2/3) of the membership.

VI.        Records, Publication, Notices and  Correspondence

1.  Availability of Records:  The Executive Council shall insure that the membership has adequate access to the non-privileged business records of the Association.  Rules shall be established by the Executive Council that contain provisions for segregating the records into classes of privileged categories.  There shall be a generally available record book, updated copies of the Governance Documents, minutes of recent meetings of the governance bodies, as well as other pertinent records and financial reports.

2.  Publications:  Provisions for publications, official policy statements, and other similar items shall be contained within the standing rules established by the Executive Council.

3.  Notes to the Membership:  The giving of Notice to the membership as used or required in these provisions, shall be defined as making available to such membership information to which they are entitled concerning the conduct of Association affairs in such manner as to permit participation of the membership in the organizational decision making process.  The minimum requirements for the giving of Notice, wherever such is required by the governance Documents, shall be the posting in a conspicuous place in each of the following locations of the items or documents necessary for such notice:

a.    Electronic mail (email).

b.    A bulletin board maintained within each local faculty unit.

c.    Notices will be mailed to those not covered above.

4.  Receipt of Petitions and Correspondence:

Petitions, correspondence and other communications addressed to the Association, Executive Council and/or given to a school site representative shall be considered properly received when delivery is effected to the President, First Vice-President or Association Secretary.  Any School Site representative and/or Executive Council member may be given petitions, correspondence for consideration of the policy making body, but response to such petitions, correspondence, and other communications shall be approved and authorized prior to release by the Executive council.

VII.    Policy Making Body

1.  The Policy Making Body of this Association shall be the elected Executive Council.

2.  The Executive Council shall meet a minimum of five (5) times a year, the number, place, and time of such meetings to be decided by the Executive Council.

3.  Special meetings of the Executive Council may be called by the President or by petition containing the signatures of twenty percent 920%) of the membership or any three (3) members of the Executive Council.

4.  Special meetings of the Executive Council shall be called for a specific purpose and no business other than that for which the meeting is called may be transacted.

5.  Notices and agendas for all meetings shall be posted in the building(s) where possible at least two (2) days prior to the date of the meeting.

6.  For emergency meetings during crisis situations, the Executive Council shall adopt procedures to notify members of meetings, dates, places and times.

7.  A quorum for all meetings of the Executive Council shall consist of a majority of its members.

8.  The Budget of the Association shall be adopted by the Executive Council at the last regular meeting of the school year.  Such budget shall include the recommended dues level needed to fund the budget for the ensuing membership year defined as that period from September 1st of any calendar year through August 31st of the following calendar year, inclusive.

9.  All decisions of the Executive Council require a simple majority vote.

VIII. Officers

1.  The offices of the Association shall be a President, Vice-President, a Secretary, a Treasurer, and four (4) at large representatives elected by and from the General Membership.

2.  These officers shall be and remain currently paid-up members of the UTP as a condition for nomination to and service in their respective positions during their terms of office.

3.  These officers shall be elected with open nominations and by secret ballot.

4.  Officer shall be elected for a term of two (2) years commencing July 1.

5.  A vacancy shall be deemed to exist in the case of death, resignation, or inability to serve in any of the offices of the Association.  In the event of a vacancy occurring the in the office of the President, the Vice-President shall assume the office.  In the event a vacancy occurs in the other offices, a special meeting of the Association shall be called to elect a successor by majority vote of those members in attendance.

6.  The President shall be the chief executive officer of the Association and its policy leader.  The President shall:

a.    Preside at all meetings of the Association and Executive Council.

b.    Prepare an agenda for the meetings of the Association and the Executive Council; accepting items for the agenda from other Executive Council Members, Committee Members and General Membership.

c.    Be the official spokesman for the Association.

d.    Familiarize himself with the governance documents of the Association, CTA, NEA and the ratified Bargaining Agreement.

e.    Appoint all chairpersons and members of the committees, with the advice and consent of the Executive Council, except as otherwise stated in the by-laws.

f.    Authorize the Treasurer to draw upon the treasury.

g.    Call meetings of the Executive Council.

h.    Attend other CTA/NEA meetings as he/she may be directed.

i.    Attend meetings of the Service Center Council of which the Association is a part.

j.    Suggest policies, plans and activities for the Association and be held responsible for the progress and work of the Association.

k.    With prior approval of the majority of the Executive Council, to issue Bulletins, Notices and Public Announcements.

l.    Have authority to utilize a credit/debit Visa card with $500.00 line of credit is issued to A of E in name of President.

m.    Be reimbursed the greater of one thousand dollars ($1000) or the cost of his/her A of E/CTA/NEA membership dues from the A of E Treasury in recognition of duties performed for the Association.

7.  Vice-President shall:

a.    Serve as assistant to the President in all duties of the President.

b.    Assume the duties of the President in the absence of the President.

c.    Be responsible for the formation and distribution of the Association’s calendar of activities.

d.    Serve as coordinator of committee activities and be held responsible to report the progress of these activities to the President and at direction to the total membership.

e.    Assist President with membership and recruitment functions.

f.    Be reimbursed five hundred dollars ($500) per year from the A of E treasury in recognition of duties performed for the Association.

8.  Secretary shall:

a.    Keep a careful and accurate record of the proceedings of each meeting, regular or special, of the Association and Executive Council.

b.    Be responsible for the distribution of all approved and authorized notices, agendas and minutes of meetings to members of the Executive Council and to the general membership after Executive Council review.

c.    Keep an accurate roster of the membership of the Association, current addresses of the membership and names of all committee members.

d.    Carry on the correspondence pertaining to the affairs of the Association as directed by the President with the authorization of the Executive Council.

e.    Prepare ballots for all elections.

f.    Assist in the filing, indexing and recording of all information received.

g.    Be reimbursed five hundred dollars ($500) per year from the A of E treasury in recognition of duties performed for the Association.

9.  Treasurer shall:

a.    Receive all funds belonging to the Association and be responsible for their safekeeping and accounting.

b.    Pay out such funds upon orders of the President and sign all checks drawn upon the treasury.

c.    Prepare a written financial report for each regular meeting of the Executive Council.

d.    Be responsible for the annual audit of the books of the Association and distributing a summary of this audit to the general membership.

e.    Submit membership and financial reports to CTA, NEA, or other agencies as required by law.

f.    Be reimbursed five hundred dollars ($500) per year from the A of E treasury in recognition of duties performed for the Association.

10.                 Four (4)Representatives at Large shall:

a.    Attend all Executive Council meetings.

b.    Vote on all decisions made by Executive Council.

c.    Assume whatever tasks assigned by President with approval of Executive Council.

d.    Representatives-at-large shall be reimbursed twenty-five dollars ($25) per Executive Council meeting attended.

IX.        Executive Council

1.  The Executive Council shall be composed of a President, Vice-President, Secretary, Treasurer, and three (3) Representatives at Large.

2.  Nominations for each office will be solicited from the General Membership by the first week of May.

3.  Elections will be held the first week of June.

4.  A ballot will be mailed to each Association member.

5.  New officers will be installed at the last General Membership Meeting in June.

6.  The Executive Council shall be elected for a term of two (2) years commencing July 1st.

7.  The Executive Council shall:

a.    Coordinate the total activities of the Association.

b.    Present to the general membership a budget for the Association.

c.    Direct the bargaining activities of the Association, subject to the provisions and policies established by the CTA/NEA, By-laws of the Association, ratified Agreement and/or membership approval and direction.

d.    Approve all appointments to committees, including chairpersons other than the Lottery Committee and the Mentor Teacher Selection Committee.

e.    Serve as an election committee for all elections.

f.    Evaluate, approve, and/or authorize the release of any correspondence, bulletins and public information and to direct the recording and distribution of the same.

8.  A quorum shall consist of a majority of the members of the Executive Council.

9.  The Executive Council, by a two-thirds (2/3) majority, may remove a member of an appointed standing committee.

10. Establish a procedure for two (2) signature check system.

X.           Standing Committees

1.  Chairpersons shall appoint or remove committee members without approval of the Executive Council, except for the Mentor Teacher Selection Committee and Lottery Committee.

2.  All Committee chairpersons and members except for the Lottery Committee shall be appointed for a term of two (2) years, commencing on July 1 of any calendar year.

3.  There shall be the following standing committees:

Bargaining Team

Teacher Salary Review Committee

Employee Grievance Committee

Lottery Funds Committee

 

a.        Bargaining Team

1.        The Chairperson will be appointed by the President with approval of the Executive Council.

2.        Other members of the team will be appointed by Chairperson with approval by Executive Council.  Bargaining team members should be representative of the various programs from the bargaining unit.

3.        Vacancies created by resignation or inability to serve shall be filled by the Chairperson from the list of alternates with approval of Executive Council.

4.        The duties of the Bargaining Team are to represent and bargain for the bargaining unit(s).

5.        Responsibility and authority for directing the bargaining process on behalf of the Association is vested in the Executive Council subject to provision and policies established by the Education Code, CTA, NEA, the ratified bargaining agreement, and any State or Federal laws that pertain as well as direction of the membership.

6.        The Bargaining Team shall survey the employees of the bargaining unit(s) to determine priorities of agreement provisions, request for benefits or benefits changes, and/or changes in existing policies of the contract.

7.        The Bargaining Team shall provide research and rationale for the proposed provisions and/or revisions of the bargaining agreement.

8.        The bargaining proposal will be approved by action of the Executive Council.

9.        The Bargaining Team shall report its activities to the Executive Council in such form and with such frequency as the Council may require.

10.    In cooperation with suggestions from CTA/NEA and members of the Bargaining Team, the Executive Council shall provide for the dissemination of any public announcements (bulletins, press releases).

11.    Agreements reached between the Bargaining Team and the school board shall be considered tentative and not binding upon either party until such agreements have been ratified by the Association membership unless such ratification shall have been specifically waived or otherwise delegated by that membership.

12.    Ratification of tentative contract agreements between A of E and SDCOE requires a simple majority (50% + one person) of the Association membership.  A vote is only valid when at least 50% of the Association membership casts votes.

13.    An Association member may vote at the ratification meeting or by signed proxy vote.  All proxy votes should be signed and dated by said member and given to the member who is authorized to cast proxy vote.

14.    If a member is unable to attend, member may send absentee ballot to the Association Secretary.  Absentee ballots must be received two (2) days before the meeting.

b.        Teacher Salary Review Committee

c.        Employee Grievance Committee

d.        Lottery Funds Committee

XI.        Recall Procedures

1.  The Recall Petition shall specifically delineate the infractions violative of the A of E Constitution and By-laws.

2.  Recall procedures shall only be initiated by written petition containing signatures of at least forty percent (40%) of the membership.

3.  Each person named in the recall petition shall have the right to make a rebuttal statement which shall be distributed at least seven (7) days before the recall vote.

4.  Any elected official may be removed from his/her position by a three-quarters (3/4) vote of the membership.

5.  Recall shall be by secret ballot.

6.  The Association shall incur associated costs.

XII.    Parliamentary Procedures

1.  Robert’s Rules of Order, latest revised edition, shall be followed at all meetings of the Association and those of the Executive Council.

XIII. Amendments

1.  Provisions herein may be amended by a two-thirds (2/3) vote of the total membership and/or by their proxy/absentee votes at any general or special meeting of the Association provided notice in writing of such amendment shall be submitted to the Secretary and made available to all Association members at the meeting preceding the one at which it is to be voted upon.

XIV.    Meetings of the Association

1.  Meetings of the Association may be called by the President, the Executive Council or by written petition of twenty percent (20%) of the membership.

2.  Notices of the Association meetings including date, place, time and purpose of meeting shall be made available to all members of the Association at least five (5) days prior to the meeting except during crisis situations.

3.  For emergency meetings during crisis situations, the Executive Council shall adopt procedures to notify the Association membership of meeting dates, places and times.

4.  A quorum shall be a simple majority of the membership.  Members present or represented by proxy will count.