SWARTZ CREEK EDUCATION ASSOCIATION
CONSTITUTION
Adopted September 1973 – As amended through Dec. 2003
Preamble
We the professional educators of the Swartz Creek Community Schools, believing that we must institute our own self-government and secure proper recognition and responsibility for the well being of our members, adopt this Constitution.
Article I – Name
Section 1. The name of this organization shall be the Swartz Creek Education Association, a District of the Michigan and National Education Associations. The association shall be a nonprofit corporation organized in accordance with the laws of Michigan.
Article II. – Objectives
Section 1. The objectives of this organization shall be (1) to improve education, (2) to advance the interest of educators, and (3) to promote the professional growth of its members.
Article III – Membership
Section 1. All active and life member teachers of the Michigan Education Association employed in this District shall be members of this Association upon payment of dues as provided. Membership in this Association is limited to members of the Michigan Education Association and the National Education Association.
Section 2. All affiliate members including annuitant-affiliate members residing in the area may be considered non-voting members of this Association upon payment of dues as herein provided.
Section 3. The membership and fiscal years shall be September 1 through August 31.
Article IV – Officers and Boards
Section 1. The officers of this Association shall consist of a president, vice-president, immediate past – president, secretary, treasurer, and MEA RA delegates.
Section 2. There shall be a representing body with full governing powers to be known as the Representative Council, which shall consist of the officers, Committee Chairpersons, Association Representatives, delegates to NEA RA, and SCEA members serving on state and national boards and commissions.
Section 3. Terms of officers shall be for two years and shall commence on June 1. Terms of office for Representative Assembly delegates shall be for two years and commence on September 1.
Section 4. Third World Representation. The ethnic representation shall be in compliance with the Constitution and Bylaws of the National Education Association and the Michigan Education Association. In the event that the ethnic representation is less than required by the Constitution and Bylaws of the MEA and NEA, rules and procedures shall be established for an at-large election to insure proportionate ethnic minority representation.
Article V – Affiliation
Section 1. This association shall be affiliated with the MEA and NEA and may affiliate with other lay and professional organizations as long as there is not conflict of interest with the above listed objectives
Article VI – Amendments
Section 1. Amendments to this Constitution may be introduced by the membership by petition signed by fifteen percent (15%) of the total active membership and submitted to the secretary. Amendments to the Constitution may also be introduced by the Representative Council, to be acted upon at a subsequently announced meeting, but not later than two subsequent regular meetings of the Representative Council. A copy of the proposed amendment, together with the recommendations of the Representative Council shall be provided to each member of the Association, after which it shall be submitted to a vote of the membership by secret ballot in each building. A sixty percent (60%) majority of those voting is required to adopt the proposed amendment, which shall become effective immediately upon adoption unless otherwise provided.
Section 2. Amendments to the Bylaws may be introduced by the membership by petition signed by fifteen percent (15%) of the total active membership and submitted to the secretary. Amendments to the Bylaws may also be introduced by the Representative Council, to be acted upon at a subsequently announced meeting, but not later than two subsequent regular meetings of the Representative Council. A copy of the proposed amendment, together with the recommendations of the Representative Council shall be provided to each member of the Association, after which it shall be submitted to a vote of the membership by secret ballot at a regular or special meeting or in each building. A vote of 50 percent (50%) plus 1 of those voting is required to adopt the proposed amendment, which shall become effective immediately upon adoption unless otherwise provided.
Article VII – Direct Legislation
Section 1. Initiative and referendum. The rights of popular initiative and referendum shall rest with the active membership of the Association. Upon receipt of a petition signed by fifteen percent (15%) of the active membership of the Association, the secretary shall announce a general meeting or ballot as indicated on the petition within fifteen (15) calendar days for the purposes presented in the petition. A majority of the total active membership shall be required for its adoption, which shall take effect thirty (30) days later. Elections shall be conducted with open nominations and a secret ballot. In the event the number of candidates equals the number of positions to be filled, there is no need for a printed ballot, and the candidates can be declared elected by acclamation.
Section 2. Recall. The right to recall elected officers and/or NEA delegates shall rest with the electing body. Upon receipt of a petition signed by twenty percent (20%) of the membership of the electing body, the secretary shall announce a general meeting or a secret ballot by the electing body as indicated on the petition within fifteen (15) calendar days for the purposes presented in the petition. A majority of the total active membership shall be required for its adoption, which shall take effect thirty (30) days later. MEA RA delegates may only be recalled for just cause.
Section 3. No member shall be censured, suspended or expelled without a hearing. The hearing shall be conducted by the SCEA Representative Council. An appeal may be made to the regional Board of Reference or MEA Board of Reference if no regional board exists.
Article VIII – Authority
Any part of this Constitution and/or Bylaws which is in conflict with the MEA and/or NEA Constitution and/or Bylaws will be declared null and void.
BYLAWS
(Adopted October, 1973, - As Amended through Dec. 2003)
Article I – Rules of Order
Section 1. Robert’s Rules of order (latest revision) shall be the authority on all questions of procedure not specifically stated in this Constitution and Bylaws.
Article II – Representative Council; Duties, Terms, and Vacancies
Section 1. The president shall be responsible for leadership and program development of this Association. He/she shall appoint all other committees and other positions not provided for herein subject to the approval of the Representative Council and shall be an ex-officio member of all committees. He/she shall be a delegate to the appropriate Coordinating Council.
Section 2. The vice-president shall assume all duties of the president in the event of the absence or resignation of the president. He/she shall serve until and election of a new president is held.
Section 3. The secretary shall keep a permanent record of all the meetings of the Association and the Representative Council; which shall be available for inspection upon request of any member, providing reasonable notice of the request is given and shall handle all official correspondence for the Association as directed by the president.
Section 4. The treasurer shall be responsible for the financial records and the safety of Association funds.
Section 5. Committee chairpersons shall preside over their respective committees and keep the Association informed of its activities by oral and/or written report at each meeting of the Representative Council.
Section 6. The Association Representatives shall serve as a liaison offer between the Representative Council and the teachers within the building.
Section 7. The Representative Assembly delegates shall be responsible for keeping the Association informed of significant actions by the Michigan Education Association by oral and/or written report at each meeting of this Association. They shall be delegates to the appropriate Coordinating Council.
Section 8. The National Education Association Delegate(s) shall report pertinent information of the National Education Association activities.
Section 9. The appropriate Coordinating Council delegates shall present an oral and/or written report of regional activities at each meeting of the Association.
Section 10. Committee chairpersons’ terms shall expire on the last day of May. Association Representatives shall be elected for two years in September and shall take office immediately upon election. The Representative Assembly delegates shall take office on the first day of September and shall serve for two years. When an elective position consists of two or more members, the terms shall be staggered.
Section 11. If an Association Representative vacancy occurs, the alternate shall become the Association Representative and a new alternate elected.
Article III – Representative Council
Section 1. Upon the Representative Council shall rest the duties, responsibilities, and final authority for the conduct of the Association in all matters except as stated otherwise in the Constitution and Bylaws or by action of the membership, provided they may at any time refer matters to the general membership for consideration. The Representative Council shall not take any action contrary to action by the membership.
Section 2. The Representative Council may authorize payment of monies not to exceed $500.01 for any one expenditure except as authorized by the Association.
Section 3. The Representative Council shall meet at least one week prior to the regular Association meetings during the regular school year and special meetings may be called by the president or by a majority of the Council. Representative Council meetings should be held at least once each month during the school year. Representative Council meetings shall be open to the membership.
Section 4. The Representative Council is empowered to enter into binding agreements or contracts in the name of the Association; including the establishment of an Association office and hiring secretarial help as authorized by the membership, initiating arbitration and court action initiated by a grievance.
Article IV – Committees
Section 1. The following committees shall be standing committees of the Association: Professional Rights and Responsibilities, Public Relations and Publications, Curriculum, Scholarship, Membership, Contract Improvement, Negotiating Team.
Section 2. As the need arises, other committees may be established by the Representative Council.
Section 3. One third (1/3) of the committee members shall be replaced annually when practical. Standing committee members will remain active until relieved.
Article V – Negotiating Team
Section 1. The Negotiating Team shall be appointed by the President and approved by the Representative Council. This team is responsible to the Representative Council.
Section 2. The Negotiating Team shall have the rights and responsibility to negotiate for all teachers in this representative unit. They shall be empowered to negotiate a Master Agreement with the Board of Education of Swartz Creek Community Schools in accordance with all applicable laws and regulations (State and Federal) subject only to ratification as provided in the Bylaws.
Section 3. The vice-president shall be chairperson of a Contract Improvement Committee. This committee shall survey the membership as to their needs and wants regarding the Master Agreement; research and prepare tentative proposals; and do back-up work for the Negotiating Team before and during actual negotiations. This committee shall prepare extensive rationale for all proposals.
Section 4. The Representative Council shall set priorities for negotiating issues.
Section 5. The UniServ Director shall be a consultant to the Negotiating Team.
Article VI – Meetings
Section 1. General membership meetings shall be called by the president or Representative Council as needed. At least twenty-four (24) hour notice is required specifying date, time, place and purpose of such meetings.
Section 2. The president or his/her designee will preside at any meeting of the membership or Representative Council.
Section 3. Special meetings may be called by the president or the Representative Council or by petition of ten percent (10%) of the membership.
Section 4. A member shall be permitted to address a meeting under rules established by the local.
Article VII – Voting
Section 1. Voting for the election of officers, delegates and alternates, and ratification of the Master Agreement will be at reasonable times and place(s) as designated by the president and approved by the Representative Council. All SCEA members of good standing shall be eligible to vote in accordance with the one-person/ one vote concept.
Voting for election of officers and Representative Assembly delegates shall take place prior to June 1.
Section 2. The voting will be under the direction of Committee on Elections (tellers) appointed by the president and approved by the Representative Council and shall follow the Election guidelines as adopted by the Representative Council.
Section 3. For local officers an/or MEA RA delegates and/or alternates, if the number of candidates equals the number of positions to be filled, there is no need for a printed ballot, and the candidates can be declared elected by acclamation.
Section 4. NEA delegates and/or alternates shall be elected by secret ballot. This election will take place with the MEA Region Election or before June 1.
Section 5. Official results of local elections shall be filed with MEA by the secretary not later than thirty (30) calendar days following the election. Results of the MEA Representative Assembly delegates election shall be transmitted to the MEA by the secretary within ten (10) days of the election.
Section 6. Voting on other issues will be by method determined by a vote of the Association. The President may designate the method of voting if no direction has been given by the Association.
Section 7. Ballots and all records pertaining to the election of RA delegates shall be preserved for 1 year and shall be kept in the custody of the president of the local association.
Article VIII – Budget, Dues and Fiscal Year.
Section 1. The budget for the next fiscal year shall be prepared by the treasurer. This budget shall be presented to the Representative Council for their review at the May meeting. The Representative Council shall review the budget and establish a recommended dues level to be put to a vote of the general membership prior to the end of school. The membership must be given at least a one-week notice before a dues change may be voted; this may be accomplished by posting a notice on the teachers’ bulletin board in each building, through the Association newsletter, or by written notice to each teacher.
Section 2. An audit of the books shall be conducted by a competent party at the end of each fiscal year.
Section 3. The fiscal year shall be from September 1 to August 31.
Section 4. a. The membership may at any meeting vote to levy upon themselves an
assessment which may not exceed $10.
b. Voting on an assessment can only be done at a meeting where this subject was included in the announced agenda.
Article IX – Quorum
Section 1. A quorum for all Association meetings shall be fifteen percent (15%) plus one (1) of the total membership.
Section 2. A quorum for meetings of the Representative Council shall be fifty percent (50%) plus 1 of its members.
Section 3. A quorum for committee meetings shall be fifty percent (50%) of the members of the committee.
Article X – Ratification of Master Agreement
Section 1. Tentative Agreement
a. When the Negotiating Team reaches a tentative agreement with the Board, it
will be presented to the Representative Council which will make
recommendation to the membership whether to work under the terms of the
tentative agreement subject to a ratification vote.
b. The membership shall, at a regular or special membership meeting, authorize the Association to work under the terms of the tentative agreement subject to ratification.
Section 2. – Ratification Procedure
a. At least three school days prior to the ratification vote each member shall be provided in writing:
b. The tentative agreement together with a copy of contract changes shall be
presented to the Representative Council for discussion prior to the ratification vote. The Representative Council shall make a recommendation to the membership regarding acceptance or rejection of the tentative agreement.
c. A membership meeting for the purpose of discussion the tentative agreement
shall be scheduled by the SCEA President at a convenient time and place. The meeting shall be scheduled between the time of the distribution of the tentative agreement and contract changes and the scheduled ratification date. Written materials must be distributed at least one school day prior to the scheduled meeting.
d. The ratification vote shall be subject to other provisions of the SCEA
Constitution and Bylaws. The procedure shall be subject to provisions of the
Bylaws of MEA and any other organization with which the SCEA may
affiliate.
Section 3. The Master Agreement shall be ratified by members of the Association by secret ballot.
Section 4. Master Agreement ratification shall be by a fifty percent (50%0 plus one (1) majority of the membership.
Article XI – Association Representatives
Section 1. Association Representatives shall be elected by majority vote of the teachers stationed in that building under the supervision of the committee on elections. The person receiving the next highest number of votes shall be the Association Representative Alternate.
Section 2. Teachers assigned to a building shall be entitled to one Association Representative for each fifteen (15) teachers or major portion thereof (8 – 15). Teachers in any building with fewer than 8 teachers will be attached to another building for Association administrative purposes.
Article XII – Coordinating Council
Section 1. Delegates to the Coordinating Council shall be the President, the delegates to the MEA Representative Assembly; and if more are needed, others shall be appointed by the President with the approval of the Representative Council, for two-year terms beginning on alternate years.
Section 2. The beginning and ending date of the term of office for appropriate Coordinating Council delegates shall be as specified in the operating guidelines for the appropriate Coordinating Council.
12/03
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