Constitution of the Trenton Education Association, Wayne County, MEA/NEA

A Local of the Michigan Education Association

 

ARTICLE I - NAME

 

This organization shall be known as the Trenton Education Association, Wayne County, MEA/NEA.

ARTICLE II - GENERAL PURPOSE

 

The object of the Association shall be the improvement of education, the advancement of the interests of education and of educators, upholding of the code of ethics of the educational profession, and the promotion of professional growth and general welfare of its members.

ARTICLE III - MEMBERSHIP

 

All professional persons who meet the active membership requirements of the Michigan Education Association, upon assignment of dues collection as provided in the Bylaws, shall become members of this Association, providing they are also members of the bargaining unit as described in the professional agreement.

Members of the association shall also be members of the Wayne County, MEA/NEA, the Michigan Education Association, and the National Education Association.

Members of the Association, who have paid the total amount of United Professional dues for each year that they have been a member of the bargaining unit, shall be deemed in good standing. Only members in good standing shall be eligible to nominate for and hold elected positions and/or chair Association committees. Further, only members in good standing may vote on ratification of the Professional Agreement.

Members of the bargaining unit may choose not to be members of the Association and will be assessed fees as outlined in the Bylaw: Article VII - Agency Shop.

No member shall be censured, suspended or expelled without a due process hearing. The hearing shall be conducted by the Representative Council. An appeal may be made to the regional board of reference or MEA Board of Reference if no regional board exists.

ARTICLE IV - GOVERNING BODIES

 

Section 1. The Representative Council shall consist of:

1. District Director, Assistant District Director, Secretary, and Treasurer

2. Delegates to both the MEA and NEA Representative Assemblies

3. Association Representatives

4. Level Directors

5. Chairpersons of the Standing, Special, or Ad Hoc Committees.

Section 2. The Executive Council shall consist of:

1. District Director, Assistant District Director, Secretary, and Treasurer

2. Delegates to both the MEA and NEA Representative Assemblies

3. Level Directors.

Section 3. The Emergency Council shall consist of:

1. The District Director

2. Three (3) members of the Executive Council.

Section 4. The terms of office shall be:

1. The District Director, Assistant District Director, the Secretary, the Treasurer, Level Directors, and MEA and NEA delegates and alternates shall be elected for a two (2) year term in a General Election as specified in Article VIII.

2. The Association Representatives:

a. Shall be elected for a one (1) year term.

b. Consist of one representative for every thirty (30) members and/or major fraction thereof per building in the school district and shall be elected by members of that building.

c. Each building in the school district shall have a minimum of one Association Representative regardless of the size of the teaching staff.

  1. Because of their unique assignments, Special Services teachers shall elect one Association Representative for every thirty (30) members and/or major fraction thereof and be elected by members of that group of teachers.

ARTICLE V - DUTIES OF GOVERNING BODIES

 

Section 1. All Governing Bodies shall act and make decisions with due respect to the practices and policies professed by the General Membership.

Section 2. The Representative Council shall:

1. Have the authority to review, advise, approve, and prohibit.

2. Be the authority in all matters of association business, and its actions can only be altered by a majority vote of the membership.

3. Comply with the procedures stated in Article XII-Negotiations.

4. Approve chairperson for any ad hoc committees authorized by this body upon recommendation of the District Director.

5. Adopt an annual budget.

6. Review actions, reports, and recommendations of the officers, Executive Council, Emergency Council, and Committees.

7. Receive and review written reports from any committee.

8. Formulate and adopt its own rules and procedures.

9. Establish a monthly time, place and day for its meetings.

10. Convene in emergency session upon written request of at least ten percent of the general membership, at least one-third of its own membership, or the unanimous request of the Executive Council in attendance.

11. Fill all vacancies not otherwise specified to some other body. Said appointments shall be in effect until an election shall be held per Article VIII, Paragraph B.

12. Act upon proposed budget adjustments.

13. Adopt the operational policies of the Association.

Section 3. The Executive Council shall:

1. Conduct the business of the Association subject to the review, advice, approval, and prohibition of the Representative Council.

2. Prepare a written agenda at least five days in advance of each meeting of the Representative Council, complete with informational items.

3. Review and adjust the budget as presented by the Budget Committee.

4. Recommend a budget adoption to the Representative Council.

5. Recommend adjustments in the budget categories to the Representative Council, as deemed necessary during the fiscal year.

6. Comply with the procedures stated in Article XII-Negotiations.

7. Approve a chairperson for any Ad Hoc committee authorized by this body.

8. Review any action of the Emergency Council.

9. Provide for an annual audit of the financial books of the Association.

Section 4. The Emergency Council shall:

1. Act when reasonable efforts to convene an Executive Council or the Representative Council meeting have failed.

2. Record its actions and report such actions to the Executive Council as soon as possible.

ARTICLE VI - DUTIES OF OFFICERS

 

Section 1. The District Director shall:

1. Be the Chief Executive of the Association.

2. Speak for and be the official representative of the Association.

3. Be the Presiding Officer of all General, Special, Representative Council, Executive Council and Emergency Council meetings.

4. Nominate the chairpersons of all standing and special committees subject to Article XI and the approval of the Representative Council.

5. Appoint the chairperson of each Ad Hoc Committee authorized by the Representative or Executive Councils.

6. Be a member, ex-officio, of all committees.

7. Not act as a Negotiator and District Director simultaneously.

8. Perform all necessary duties of the office not otherwise specified.

9. Appoint a Budget Committee of at least three, to include the Treasurer, at the first meeting of the school year.

10. Be a delegate to the Coordinating Council, Region Council, Wayne County, MEA /NEA Board of Governors.

11. Serve as mentor to the succeeding District Director.

Section 2. The Assistant District Director shall:

1. Assume all the duties of the District Director in case of absence.

2. Succeed to the District Director’s position, in the event that office becomes vacant, until the next biannual election.

3. Serve on the Representative and Executive Councils.

4. Chair the Nominating and Election Committee.

5. Serve as an alternate to the Region Council and WC/MEA/NEA Board of Governors.

Section 3. The Secretary shall:

1. Keep the official, typed minutes of each General, Representative Council and Executive Council meeting.

2. Be responsible for the printing and distribution of approved minutes at least four days prior to the next meeting.

3. Keep the official files of the Association.

4. Assist with the Association correspondence.

5. Be responsible for notification of appropriate Governing Bodies of any special meeting.

6. Be responsible for sending out the printed agenda to all members of the Executive and Representative Council at least four days prior to the next respective meeting.

7. Be a member of the Representative and Executive Councils.

Section 4. The Treasurer shall:

1. Hold funds of the Association and disburse them according to decisions and policies of the Governing Bodies.

2. Maintain a record of membership payments to the state and national organizations.

3. Keep accurate accounts of receipts and expenditures.

4. Report regularly to the Executive Council.

5. Prepare a written report to the Representative Council to be presented at each regular meeting.

6. Prepare a financial statement for the General Membership at the conclusion of each fiscal year.

7. Chair the Budget Committee appointed by the District Director.

8. Prepare and present, in conjunction with the Budget Committee, a preliminary budget to present to the Representative Council for adoption.

9. Be a member of the Representative and Executive Councils.

Section 5. The MEA Representative Assembly Delegate shall:

1. Present local concerns at the MEA Representative Assembly.

2. Survey and inform the membership on Representative Assembly business.

3. Be the official liaison between the local and state policy making bodies.

4. Submit an annual report to the Representative Council.

5. Serve as a delegate to the Wayne County, MEA/NEA Board of Governors.

6. Attend and participate in the Region Representative Assembly Caucus.

7. Be a member of the Representative and Executive Councils.

Section 6. The NEA Delegate shall:

1. Be a member of the Representative and Executive Councils.

2. Report to the Representative Council on matters of NEA concern.

3. Be the official liaison between the local and national policy-making bodies.

4. Attend local, regional, and state caucuses of NEA delegates.

5. Attend the NEA national convention.

6. Submit an annual report to the Representative Council.

Section 7. The Level Director shall:

1. Be a member of the Representative and Executive Councils.

2. Be a liaison between the appropriate Association Representative(s) and the Executive Council.

3. Be available to the members of any level for consultation and/or representation.

4. Hold a current copy of the Seniority list for member information.

5. Know the Professional Agreement and have a copy available at all times.

6. Be a member of the Grievance Committee.

Section 8. The Association Representative shall:

1. Be available to the members of the building or group for consultation and representation.

2. Serve on the Representative Council.

3. Represent the members of a building or group at all regular or special meetings.

4. Appoint a representative to attend meetings in case of absence. The substitute representative shall have the power to vote.

5. Be responsible for informing the Association leadership of the positions and concerns of the membership in the represented building or group.

6. Be responsible for informing the membership in the building or group of all Association business and positions on all issues.

7. Be responsible for the Association bulletin board in the building represented.

8. Work in conjunction with the Grievance Committee.

9. Chair all Association building meetings held in the building or with the group.

10. Hold periodic building meetings.

11. Obtain members to serve on Association Standing Committees.

12. Know the Professional Agreement and have a copy available at all times.

13. Know and assist all members of the building or group and give special assistance to new teachers.

14. Assist the Membership Chairperson.

15. Be responsible to the treasurer in collecting and receipting of all special assessments.

16. Keep on file a current personnel directory.

17. Establish a system of membership contacts within the building or among the group.

Section 9. The Committee chairperson shall:

1. Be a member in good standing.

2. Be a member of the Representative Council.

3. Speak for the committee.

4. Report regularly to the Representative Council and/or Executive Council.

5. Be responsible for the committee’s functioning and expenditures.

6. Act as a liaison with like committees or commissions at the region, state, and national levels.

ARTICLE VII - NOMINATIONS

 

Section 1. The Assistant District Director shall chair the Nomination and Election Committee.

Section 2. Nominations or a declaration to run for any office may be made by members in good standing in one of the following ways: from the floor at a General Meeting of the Association or in writing to the Chairman of the Nomination and Election Committee. Candidates nominated must give prior consent and be nominated by an individual at the appropriate level, building, or group. All nominations and/or declarations must be received no later than ten (10) days prior to the election.

Section 3. The Nomination and Election Committee may secure other candidates for positions, if necessary. Candidates’ names shall be placed on the ballot after having secured consent.

ARTICLE VIII - ELECTIONS

A. General

Section 1. All elections shall be under the direction of the Nomination and Election Committee that will be chaired by the Assistant District Director.

Section 2. All elections shall be by secret ballot and shall be decided by a majority of those voting except as otherwise provided in this constitution. Every member in good standing shall be afforded the opportunity to vote.

Section 3. For each position there shall be a place provided on all ballots for a write-in candidate.

Section 4. Elections shall be held the third week of January.

Section 5. The election of Association Representatives and Level Directors shall be by members of their respective buildings, groups, or levels.

Section 6. Newly elected officers, NEA Representative Delegates, Level Directors, and Association Representatives shall assume their official duties on the first day of February following the election. MEA Representative Delegates will assume office the first day of September following the election.

Section 7. The Nomination and Election Committee shall tabulate and certify the vote and safeguard the ballots until the validation of the election results by the Representative Council. Results will be published and distributed by the Committee to the membership within five days of validation.

Section 8. The Nomination and Election Committee chairperson shall make provisions to preserve the ballots for at least one year.

B. Special

Section 1. The Representative Council shall determine when an office is vacant, shall fill that office on a temporary basis when necessary, and set a special election to fill said vacancy.

Section 2. Special elections shall be under the direction of the Representative Council, conducted by secret ballot and shall be decided by a majority of those voting except as otherwise provided in this constitution.

Section 3. The Representative Council shall tabulate, certify, and validate the vote. The results shall be published and distributed to the membership within five days after validation. An official report of the election shall be filed with the MEA not later than ten (10) days following validation.

ARTICLE IX - DELEGATES

 

Section 1. MEA Representative Assembly Delegates: The Association shall elect to the MEA Representative Assembly one delegate for each 150, and/or major fraction thereof, MEA members within the Association.

Section 2. Wayne County, MEA/NEA Delegates: The District Director and MEA Representative Assembly Delegate(s) to the MEA Representative Assembly shall be the delegates to the Wayne County Board of Governors.

Section 3. NEA Representative Assembly Delegates: The Association shall elect one member as delegate to the NEA Representative Assembly for each 150 and/or major fraction thereof, NEA members in the Association.

Section 4. Each elected delegate shall have an alternate who shall be chosen from those candidates in the past election who received the next highest vote total.

ARTICLE X - COMMITTEES

 

Section 1. The Representative Council shall perform or delegate all duties not specifically assigned to the officers, the Executive Council, or the Committees.

Section 2. The Standing Committees of the Association shall be:

1. Grievance.

2. Professional Negotiations.

3. Public Relations and Information Services.

4. Membership.

5. Political Action.

Section 3. The Special Committees of the Association shall be:

1. Budget.

2. Nomination and Election.

Section 4. Any Ad Hoc Committees shall be established by the Representative or Executive Councils.

Section 5. The Chairperson of each Standing Committee and Special Committee shall be appointed by the Executive or Representative Council, unless provided for in the Constitution.

Section 6. The term of all committees shall be concurrent with the school year in which appointed.

Section 7. The District Director shall be a member, ex-officio, of all committees.

Section 8. All committees shall:

1. Be composed of members selected by the Committee Chairperson with the approval of the Representative Council.

2. Cooperate with like committees or commissions of Wayne County, MEA/NEA, Region, State or National associations in applicable programs.

3. Represent the secondary, middle, elementary levels, and Special Services.

4. Report regularly to the Representative and Executive Councils.

5. Operate within a framework of the charges and duties given them.

6. Submit a written report to the Representative Council at the end of the school year.

Section 9. It shall be the duty of:

1. The Grievance Committee to investigate, compile, and process all individual, group and Association grievances in an attempt to reach satisfactory conclusion. The primary purpose is to secure equitable solutions of all grievances at the lowest possible level.

2. The Public Relations and Information Services Committee to be responsible for the maintenance of public relations activities of the Association concerning the school community and the general public. This committee shall maintain relations with the general public to enhance the image of the education profession and to forward the goals thereof. These duties will include the disbursing of information to members concerning Association and professional matters.

3. The Membership Committee to plan, organize, and process membership. It shall also maintain all records for continuing membership including official membership information and seniority list. Membership information and a current seniority list shall be provided to the Executive Council by the end of each calendar year.

4. The Budget Committee to prepare a preliminary budget to present to the Executive Council. The Budget Committee shall review the recommendations of the Executive Council and prepare a proposed budget for presentation to the Representative Council.

5. The Nominating and Elections Committee to solicit candidates for offices and conduct elections.

6. The Political Action Committee to coordinate political action activities with like committees at local, state and national levels.

Section 10. The Professional Negotiations Committee shall:

1. Consist of:

a. A representative from the elementary, middle, secondary levels, and Special Services, appointed by the Representative Council.

b. A representative from the Grievance, Political Action, and Public Relations and Information Services Committees of the Association as selected by the committee members.

2. Review, study, and analyze the present professional agreement between the Association and the School Board.

3. Hold open hearings in all buildings prior to formulating the new proposed agreement and accept all recommendations from the membership and committees.

4. Formulate proposals in cooperation with the negotiations team.

5. Serve as advisors and resource personnel for the negotiations team.

6. Be responsible for keeping the Executive and Representative Councils informed as to the current status of negotiations.

7. Work in conjunction with the Public Relations and Information Services Committee in keeping the membership assessed of the status of negotiations.

ARTICLE XI - NEGOTIATIONS

 

Section 1. The District Negotiator shall:

1. Be recommended by the District Director to the bargaining agent after approval by the Representative Council.

2. Be the official representative to the Wayne County, MEA/NEA Bargaining Committee.

Section 2. The Negotiating Team shall:

1. Consist of at least five but not more than seven persons.

2. Be selected from those persons who apply in writing. They will be interviewed and screened by the Executive Council.

3. Be appointed by the Representative Council on the recommendation of the Executive Council.

4. Be the negotiating representatives for the Association.

5. Report to the membership for purposes of guidance and ratification in matters involving the Professional Agreement.

6. In the event of a vacancy, recommend a replacement to the District Director for approval, subject to the review of the Representative Council.

7. Recommend a tentative agreement approved by Wayne County, MEA/NEA to the membership for ratification.

8. Disband upon ratification by the Association and signing by both parties of a professional agreement.

9. Have representation from Wayne County, MEA/NEA.

ARTICLE XII - QUORUM

Section 1. For the transaction of business of the Association at a General or Special Meeting, a quorum shall consist of twenty percent (20%) of the membership.

Section 2. For the transaction of business of the Representative Council, a quorum shall consist of at least fifty percent (50%) of the members.

Section 3. For the transaction of business of the Executive Council, a quorum shall consist of at least fifty percent (50%) of the members.

Section 4. For the transaction of business of the Emergency Council, a quorum shall be at least three (3) persons.

Section 5. In the absence of a quorum, the power of that body will pass to the next ranking body until the next scheduled meeting.

ARTICLE XIII - VACANCIES AND RECALL

 

Section 1. Vacancies in an office shall be filled according to procedures provided in this Constitution.

Section 2. Any member of the Representative Council or Executive Council who is absent without notice from three consecutive regular meetings shall be notified of his or her duties by the District Director. If the member is absent from a fourth consecutive regular meeting, the District Director will have the authority to declare the position vacant.

Section 3. Any elected officer may be recalled for just cause. Upon receipt of a recall petition signed by twenty-five percent (25%) of the members of the electing body, the Representative Council shall authorize a recall election if it determines just cause to be valid.

ARTICLE XIV - AUTHORITY

 

Nothing in this Constitution and Bylaws shall be in conflict with the Constitution and Bylaws of the Wayne County, MEA/NEA, the Michigan Education Association, or the National Education Association. Any such provisions of this Constitution and Bylaws that are in conflict with the Constitution and Bylaws of the Wayne County, MEA/NEA, the Michigan Education Association, or the National Education Association shall be null and void but all other provisions shall continue in full force and effect.

ARTICLE XV - DIRECT LEGISLATION

 

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 twenty-five percent (25%) 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 thereafter.

 

ARTICLE XVI - AMENDMENTS

 

Section 1. All proposed amendments to this Constitution and/or its Bylaws shall be submitted in writing to the Secretary of the Association and be signed by at least fifteen (15) members of the Association. The Secretary must send notification of the pending amendment to all members of the Association at least two (2) weeks prior to the next General Meeting.

Section 2. Time of voting on the amendments shall be decided by the Representative Council, but not more than thirty (30) days shall elapse from the date of the General Meeting to the time of voting.

Section 3. All amendments to the Constitution shall be adopted by a two-thirds (2/3) affirmative vote of the members voting. Voting shall be done by secret ballot and shall be administered by the Representative Council.

Section 4. All amendments and additions to the Bylaws shall be adopted by a simple majority affirmative vote of the members voting. Voting shall be done by secret ballot and shall be administered by the Representative Council.

Section 5. All amendments, additions, or revisions of the Constitution and/or Bylaws shall go into effect immediately upon passage unless otherwise provided.

 

 

 

 

 

 

 

 

 

 

 

BYLAWS

 

ARTICLE I - ORDER OF BUSINESS

 

A. Robert’s Rules of Order, current edition, shall be the authority for the transaction of business where not otherwise provided for in the Constitution and Bylaws.

B. The request by any member in any Association meeting for a secret ballot shall be honored.

ARTICLE II - MEETINGS

 

A. The Representative Council shall meet at least once a month during the school year and shall be open to all members. Except in the case of an emergency, at least eighteen (18) hours notice will be given.

B. Minutes of each Representative Council meeting must be kept and made available for membership inspection.

C. The Executive Council shall establish its regular meeting schedule.

D. The Association shall conduct an annual fall meeting before December 15, and an annual spring meeting before the end of the school year. The time of these and other General Meetings of the Association shall be determined by the Representative Council, and notice of the same shall be sent to the membership not later than five (5) days prior to the meeting.

E. Upon the written request to the Representative Council of ten (10) percent of the general membership, a special meeting of the Association must be called within ten (10) days of receipt of the request. General Meetings of the Association may also be called by the Representative, Executive, or Emergency Council. (consolidation of previous Section 5 and 6)

F. Any member will be allowed to address any meeting according to the guidelines established for that body.

ARTICLE III - RIGHTS AND PRIVILEGES

 

A. Expenses incurred by members of the Representative Council or Executive Council for carrying on professional activities of the Association shall be borne by the Association within the guidelines of the adopted budget.

B. Expenses incurred by members representing the Association shall be reimbursed within the policy guidelines.

 

 

ARTICLE IV - MEMBERSHIP DUES

 

A. Dues of the Association shall consist of the total of Local, State, and National dues. Local dues shall be recommended by the Representative Council and approved by the membership and added to the State and National dues.

B. In order to remain a member of the Association, members designated by the Board of Education as on leave shall pay twenty five percent of the total United Professional dues in cash to the Association by October 20th of each year during the time they are on leave. If dues are not received by the due date Association membership will be revoked. Hardship cases will be evaluated by the Representative Council upon petition.

C. Teachers entering the system following the opening of school shall become members of the Association by meeting the membership requirements set forth in Association policies.

D. Any member who is currently paying on a life membership will be required to make special arrangements with the Membership Chairperson.

E. The Association shall pay each member’s dues to the Michigan Education Association and the National Education Association.

F. The annual local dues may be raised or lowered by vote of the membership only. Voting shall be by secret ballot and administered by the Representative Council.

ARTICLE V - ASSESSMENTS

A. Any unusual expenses will be defrayed by special assessments.

B. A special assessment must be approved by two thirds of the voting membership.

C. The total of assessments in any given school year may not exceed fifteen percent of the annual United Membership dues.

ARTICLE VI - FISCAL YEAR

 

The fiscal year of the Association shall begin September 1, unless otherwise stated in the adopted budget.

 

ARTICLE VII - CONTINUING MEMBERSHIP

 

A. The Association shall offer continuing membership to its members.

B. A teacher joining the Association is a member from that time until the member notifies, in writing, the Membership Chairperson of the Association of the intent to discontinue membership in accordance with the professional agreement.

ARTICLE VIII - AGENCY SHOP

 

A. The Agency Shop concept shall be a part of all contracts negotiated by this Association.

B. Those who are part of the bargaining unit but not members of the Association shall be assessed a negotiations and contract maintenance fee which will be equal to the total fees paid by a member on continuing membership.

C. Negotiations and contract maintenance fees of non-members shall be deducted from each pay check just as it is from a member on continuing membership.

D. Members of the bargaining unit who are not members of the Association may have input into bargaining and contract maintenance issues but may not vote on ratification of the Professional Agreement.

ARTICLE IX - RATIFICATION OF PROFESSIONAL AGREEMENT

 

A. Only the Negotiations Team may present a tentative Professional Agreement to the membership for ratification.

B. The Executive Council shall be responsible to reproduce the entire tentative agreement and distribute copies to the membership.

C. A ratification meeting may be scheduled no sooner than forty-eight hours after distribution.

D. The Negotiations Team will explain and answer all questions at this meeting.

E. A ratification vote shall take place within forty-eight hours of the ratification meeting. The place and time of the voting shall be set by the Executive Council.

F. A simple majority vote of the entire membership shall be required for ratification.

ARTICLE X - COMMITTEES

 

Each Standing and Special Committee shall be responsible to develop its own operating procedure and present it to the Representative Council for approval.