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Faculty Association Board By-Laws |
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purpose | membership
| dues | policy | officers
| bargaining team | grievance process
| I. Name and Location
The name of this association shall be
the Mt. San Jacinto College Faculty Association ((MSJCFA/CCA/CTA/NEA)
in Riverside County. The primary purposes of this Association shall be: A. To represent its members in their relations with their employer, and to seek to be 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; B. To form a representative body capable of developing group opinion on professional matters to speak with authority for teachers; C. To provide an opportunity for continuous study and action on problems of the profession; D. To provide a means of representation for its ethnic-minority members; E. To promote professional attitudes and ethical conduct among members; F. To encourage cooperation and communication between the profession and the community; and
G. To foster good
fellowship among members. III.
Affiliation with the United Education Profession (UEP) A. The Association shall be a association of the California Teachers Association (CCA/CTA) B. The Association shall be an affiliated local association of the National Education Association (NEA).
A. Active membership
shall be open to any person who is engaged in or who is on limited leave
of absence from professional education work, is an employee of the Mt.
San Jacinto College District, and whose primary assignment is such as
not to hold supervisory responsibility over other certificated employees
to such an extent as not to be represented in the negotiations process
by the teacher bargaining unit.
B. Active membership
shall be granted upon initiation of payroll deduction or upon payment
of UEP dues or representative fees.
1. Active membership shall be granted upon initiation of payroll
deduction or upon payment of UEP dues or representative fees.
C. The right to vote
and to hold elective office or appointive position within the Association
shall be limited to Active members.
D. Active members
shall be eligible to vote in all elections, hold elective office or appointive
position, receive special services, obtain assistance in the protection
of professional and civil rights, and receive reports and publications
of the association. E. An individual who is serving as a negotiator for a public school employer shall not be eligible for membership in the Association.
F. Active members
shall adhere to The Code of Ethics of the Education Profession.
G. The rights to and
privileges of membership shall not be abridged in any way because of age,
sex, race, color, ethnic group, marital status, national origin, or sexual
orientation.
H. No member of the
Association may be disciplined without a due process hearing which shall
include the established appellate procedure.
I. The membership
year shall be that period of time from September 1 of any given calendar
year through August 31 of the following calendar year, inclusive. V. Dues, Fees, and Assessments A. The basic annual dues level for Active members, and representation fee for non-members represented in the bargaining unit, shall be sufficient to cover the operating expenses of the Association, the dues of CTA, and dues of NEA.
B. The Association’s
portion of the basic annual dues shall be established by action of the
Executive Council at the last regular meeting of the school year.
C. Representation
fees shall be apportioned on the same percentage basis as the full United
Teaching Profession dues.
D. 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 31 of any calendar year a member has not either paid
the established annual membership dues for the current membership year,
or made satisfactory arrangements for payment, then that person’s membership
shall be considered delinquent and the name dropped from the rolls.
A. The policy-making
body of the Association shall be the Executive Council.
The Executive Council, comprised of members of the Association,
derives its powers from and shall be responsible to the membership.
B. The Executive Council
shall be composed of the following active members:
2. The Executive Council
shall consist of six active members elected on the basis of a one-person
one-vote of the active members.
3. The members of
the Executive Council shall be elected with open nominations and by secret
ballot.
C. The Executive Council
Shall:
1. Establish Association
policies and objectives;
2. Adopt the annual
budget of the Association on or before the first meeting of the school
year;
3. Approve the establishment
or discontinuance of committees.
4. Establish the dues
of the Association;
5. Appoint and remove
bargaining team members;
6. Direct the bargaining
activities and grievance processing of the Association;
7. Create Committees
and Make Committee appointments;
8. Exercise all the
business and organizational powers and duties for the Association as prescribed
by law and these bylaws.
D. The Executive Council
shall meet at least once during each school month; the number, place,
and time of meetings to be decided by the Executive Council.
E. Special meetings
of the Executive Council may be called by the President or by the petition
of twenty percent (20%) of the active membership.
F. 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.
G. Notices and agendas
for all meetings of the Executive Council shall be sent to all members
of the Executive Council at least two days prior to the date of the meeting.
H. For emergency meetings
of the Executive Council during crisis situations, the Executive Council
shall adopt procedures to notify representatives of meeting dates, places
and times.
I. A quorum for all
meetings of the Executive Council shall consist of a majority of all members
of the Executive Council.
J. Members of the
Executive Council shall serve a term of two years.
Elections will be held annually.
Terms shall be staggered.
K. All members of
the Executive Council shall be and remain members of the UTP as a condition
for nomination to and service in this position.
L. Vacancies in the
Executive Council shall be deemed to exist in the case of death, resignation,
or inability to serve in this position.
If there is a vacancy occurring in this position, a special election
to fill the vacancy shall be held within thirty days.
A. The officers of
the Association shall be a President, a Vice-President, a Secretary, and
a Treasurer.
B. 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.
C. These officers
shall be elected by and from the Active membership of the on Executive
Council. Such election shall be by open nominations.
D. Officers shall
be elected for a term of one year, commencing on 1 September of any calendar
year.
E. 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.
If there is a vacancy occurring in the office of the President,
the Vice-President shall assume the office.
In the even a vacancy occurs in the other offices, a special election
shall be held to elect successors to fill the unexpired terms.
F. The President shall
be the chief executive officer of the Association and its policy leader. The President shall:
1. Preside at all
meetings of the Association the Executive Council;
2. Prepare the agenda
for the meetings of the Association and the Executive Council;
3. Be the official spokesperson for the Association;
4. Be familiar with
the governance documents of the Association, CTA, and NEA;
5. Nominate all chairpersons
and members of committees, bargaining team, and grievance officers with
the approval of the Executive Council;
6. Call meeting of
the Association and the Executive Council;
7. Suggest policies, plans and activities for the Association
and be held responsible for the progress and work of the Association;
8. Attend meetings
of the Service Center Council of which the Association is a part, and
9. Attend other CTA/NEA
meetings as directed by the Executive Council.
G. The Vice
President shall:
1. Serve as assistant
to the President in all duties of the President;
2. Assume the duties
of the President in the absence of the President;
3. Be responsible
for the formation and distribution of the Association’s calendar of activities;
and
4. Serve as coordinator
of committee activities at the direction of the President.
H. The Secretary shall:
1. Keep a careful
and accurate record of the proceedings of each meeting, regular or special,
of the Association, and the Executive Council;
2. Be responsible
for the distribution of minutes, notice of meetings, and agendas for all
meetings to members of the Executive Council;
and to the membership when appropriate;
3. Keep an accurate
roster of the membership of the Association and of all committees;
4. Carry on the correspondence
pertaining to the affairs of the Association as directed by the President;
and
5. Prepare ballots
and other election documents for all elections.
I. The Treasurer shall:
1. Receive all funds
belonging to the Association and be responsible for their safekeeping
and accounting;
2. Pay out such funds
upon orders of the President;
3. Prepare a written
financial report for each regular meeting of the Executive Council;
4. Be responsible for an annual accounting of the books of the
Association and distributing a summary of this accounting to the membership;
and
5. Submit membership
and financial reports to CTA, NEA, and other agencies as required by law.
A. Bargaining team and such alternates as the Executive Council
deems necessary shall be nominated by the President and approved by the
Executive Council;
B. The chairperson
of the team shall be elected by and from its members.
C. The Executive Council
shall adopt Standing Rules setting forth its selection procedures for
bargaining team members, including terms of office and criteria for appointment.
D. Vacancies created
by resignation or inability to serve shall be filled by the Executive
Council from the active members.
E. The Executive Council,
by two-thirds (2/3) majority, may remove a member of the bargaining team
and appoint a replacement.
F. The duties of the
bargaining team are to represent and to bargain for the bargaining unit.
G. Responsibility
and authority for directing the bargaining process on behalf of the Association
are vested in the Executive Council.
H. Employees in the
bargaining unit shall be surveyed to determine contents of the proposed
contract demands, and the contract proposal for the unit shall be approved
by Association members.
I. The bargaining
team shall report its activities to the Executive Council in such form
and with such frequency as the Executive Council may require.
J. The Executive Council
shall provide for the dissemination of information regarding bargaining
and the activities of the bargaining team to the general membership. K. Agreements reached by the bargaining team and the governing board or its representatives shall be considered tentative and not binding upon the Association until such agreements have been ratified by the membership unless such ratification shall have been specifically waived or otherwise delegated by the membership.
A. The Executive Council
shall adopt the procedures for grievance processing. B. These procedures shall include, but not be limited to, the following:
1. Provide for representation
to assist all members of the bargaining unit in processing grievances;
2. Training for handling
grievances; and 3. Evaluation of the Association’s grievance policies and procedures.
1. There shall be
an Elections Committee. 2. Elections shall be conducted with:
A. Open nomination
procedure
B. Secret ballot
C. All member vote
D. Record of voters
receiving or casting ballots
E. Majority vote,
unless otherwise specified.
6. The duties of the
Elections Committee shall be to:
A. ensure that all
association/CTA/CCA/NEA election codes and timelines are followed
B. establish election
timelines
C. develop and carry
out timelines and procedures
D. prepare and distribute
election materials
E. count the ballots
and certify the results F. handle initial challenges.
A. Committees, except
as otherwise provided in these bylaws, may be established and discontinued
by the Executive Council.
B. Each committee
shall submit periodic reports to the Executive Council. XII.
Meetings of the General Membership
A. Meetings of the
Association may be called by the President, the Executive
Council, or by written petition of twenty percent (20%) of the
membership.
B. Notices of the
Association meetings including date, place, time, and purpose of the meeting
shall be made available to all members of the Association at least two
days before the meeting except during crisis situations.
C. For emergency meetings
during crisis situations, the Executive Council shall adopt procedures
to notify the Association membership of meeting dates, places, and times. D. A quorum for meetings of the Association shall be: 33% + 1 of the active membership. XIII.
Parliamentary Authority
Robert’s
Rules of Order, Newly Revised, latest edition, shall be followed
at all meetings of the Association and the Executive Council. These Bylaws may be amended by a petition of two-thirds (2/3) of the active members or by vote of a majority of the Executive Council. Notice in writing of a proposed Bylaws amendment shall have been submitted to the Secretary and provided to members of the Executive Council five (5) teaching days before the election.
Nomination and
Election Standing Rules Elections
Committee
1. The Elections Committee
shall be composed of at least three members who are not on the Executive
Council.
2. The chair of the
Elections Committee shall be approved by the Executive Council.
3. Members of the
Elections Committee shall be approved by the Executive
Council.
4. A member shall
abstain from participation in Elections Committee Activities during the
period in which he/she or his/her immediate family member is a candidate. Election
Requirements
1. The association
shall ensure that an open nomination procedure is in place (i.e., any
member may nominate any member, including himself or herself).
Only active members are eligible to participate in nominations.
2. Every member shall
be assured of voting by secret ballot.
3. There shall be
at least a five (5) day period
between notice of election and the actual voting.
4. There shall be
an all member vote. All members
shall be assigned a campus location at which to vote (Menifee or San Jacinto
campuses) . The member shall
vote by placing the secret ballot in the envelope kept at the switchboard
of his or her assigned campus. The
voter shall sign and date the registration sheet attached to the outside
of the envelope.
5. A association shall
provide means for all members to vote and it shall be the responsibility
of the member to notify the association if he/she desires a ballot at
a site other than the regularly scheduled voting place.
6. Voting shall take
place over the period of five (5) official teaching days.
7. All elections shall
be decided by a majority vote of those voting, unless otherwise specified. In the event two candidates receive an identical number of
votes, a run-off election shall be held between these two candidates. Announcement
1. The announcement
of election shall include the offices, length of terms, and the election
timeline.
2. The announcement
shall be publicized in a manner that every member has an opportunity to
file a declaration of candidacy. Timeline
1. The timeline for
the election shall include dates for:
A. Date for acknowledgment
of declarations from candidates.
B. Date for preparation
of ballots.
C. Date on which ballots
will be distributed.
D. Date(s) when voting
will take place.
E. Deadline date,
time, and place for return of ballots, including absentee ballots.
F. Date, time, and
place where ballots will be counted.
G. Date that announcement
of results will be made to leadership, candidates, and members.
H. Dates and timelines
for run-off election, if necessary.
I. Deadline for filing
of challenges. Finances
1. Association moneys
received through dues, assessment or similar levy shall not be used to
promote any candidate for election to the Executive Council.
2. A candidate for
election to the Executive Council may not accept direct contributions
from a association’s treasury or indirect contributions in the form of
use of a association’s assets, facilities, staff, equipment, mailings,
good will, and credit. Candidate’s
Rights
1. Privileges extended
to one candidate shall be extended to all candidates.
2. Each candidate
shall receive a copy of the election timeline, procedures and guidelines.
3. Each candidate
shall have the right of access to a list containing the names and last
known addresses of all members.
4. Each candidate
shall be treated in a fair and equitable manner in the printing and distribution
of campaign statements. Ballot
1. The names of the
candidates shall be printed on the ballot in alphabetical order. The
name of each candidate shall be as printed on the declaration of candidacy.
When a candidate’s last name hyphenated, the name before the hyphen
shall be used for placement on the ballot.
2. The ballot shall
state the names of the candidates for the Executive Council.
3. The ballot shall
included space for a write-in candidate, except in run-off elections. Distribution
of Ballots and Method of Voting
1. Each member shall
receive a ballot.
2. Voting shall be
at designated school site. Counting
of Ballots
1. A preliminary count
may take place at the voting sites.
2. Upon receipt of
ballots, tally sheets and signature sheets, the Elections Committee shall
count the ballots with only the Elections Committee members and observers
present.
3. The Elections Committee
shall count valid ballots and set aside any ballots on which there is
a question, such as:
A. Blank ballot
B. More ballots than
signatures
C. Ballot submitted
after deadline
D. Voter not a member
E. Voter’s intent
unclear
F. Votes cast for
more than number allowed
G. Vote cast on unofficial
ballot
H. Vote cast for ineligible
candidate.
4. The Elections Committee
shall make a determination on whether the votes in each category should
be counted, and make a note of the decision.
Each category of ballot shall be kept separate.
5. The Elections Committee
shall prepare the Final Report, recording the following information:
A. Total number of
ballots cast
B. The number of set
aside ballots with an explanation for each category of ballot not counted.
C. The number needed to win or pass
D. The number of votes
received by each candidate or issue.
E. A notation of whether
the set aside votes would affect the outcome.
F. Signature of each
Elections Committee member present during the preparation of the report.
6. The Elections Chair
shall submit the Final Report to the President or designee who shall inform
all candidates of the results.
7. The President shall
announce the results as prescribed by the timelines.
8. If the votes set
aside would affect the outcome of the election, the Executive Council
shall decide:
A. to count the votes
which have been set aside B. not to count the votes which have been set aside, or
C. if the election
should be conducted again.
Any candidate who may be affected by the vote shall not be allowed
to take part in the decision-making process.
If the vote involves election for membership on the Executive Council,
then the Election Committee shall rule on 8 A-C above.
9. The ballots and
voter sign-up sheet shall be retained for one year after the election. Observers
1. Each candidate
shall be allowed to have 1 (one) observer at the vote counting site shall
give the name of the observer in writing to the Elections Committee before
counting.
2. An observer shall
not interfere with the counting and shall stay in the counting area until
the President or designee has been notified of the results. Challenge
Procedure
1. Any member observing
a violation of election procedures shall notify the association President
and the chair of the Elections Committee, in writing, within five school
days of the announcement results.
The notification must:
A. Specify which requirement
has been violated,
B. Include supporting
information,
C. List names of parties
who can provide information.
2. The Elections Committee
shall respond within five school days after receipt of the challenge in
an effort to resolve the issue.
The Committee shall determine whether:
A. The challenge alleges
a violation of a association election requirement;
B. The challenge is
supported by appropriate documentation;
C. The alleged violation
may have affected the outcome of the election.
3. The Elections Committee
shall report to the Executive Council on its findings and recommendations
within five school days.
4. The Executive Council
shall make a decision on the resolution of the challenge.
5. The challenging
party and all candidates in that race shall be notified of the decision
of the Executive Council. Initiative
Procedures
1. The active membership
shall have the authority to make decisions on any matters affecting the
Association or its activities through the initiative process.
2. A member shall
file a notice of the intent to circulate a petition with the association
president by including a copy of the petition to be circulated, and the
names of at least three persons supporting the proposed measure and responsible
for its circulation.
3. The association
president shall register the receipt of the notice of the intent to circulate,
and acknowledge such registration in writing with the member filing the
notice.
4. The timeline for
gathering signatures will commence the day that the notice of intent is
registered. A maximum of
45 school days shall be permitted to obtain the signatures of at least
20 percent or more of the active members of the association.
The petition shall contain the question proposed to be placed on
the ballot.
5. The circulators
shall present to the association president the petition containing original
signatures.
6. The association
president shall have 5 school days in which to verify the membership of
the signers of the petition.
7. If there are insufficient
signatures, the petition circulator shall be notified by mail of the number
of signatures needed to qualify the petition.
The petition circulator shall have an additional 7 school days
in which to gather and submit the necessary signatures.
The association president shall have 3 school days in which to
verify the membership of the additional signers.
8. The association
president shall cause a ballot to be furnished to the members no less
than 15 school days after verification of membership, provided that the
period that school is officially not in session shall not be included
in this count.
9. Regular election
procedures (e.g., election of officers) shall be followed including voting
times.
10. The proposal shall
take effect immediately upon receipt of the required number of votes,
unless otherwise specified. Referendum
Procedures
1. Any action or proposed
action of the Executive Council shall be referred to a vote of the membership
upon two-thirds vote active membership.
2. The referendum
action shall prescribe the exact wording of the question to be posed to
the membership on the ballot.
3. The association
president shall cause a ballot to be furnished to the members no less
than 15 school days after the action by the active membership, provided
that the period that school is officially not in session shall not be
included in this count.
4. Regular elections
procedures (e.g., election of officers) shall be followed including voting
times. 5. The proposal shall take effect immediately upon receipt of the required number of votes, unless otherwise specified. Recall
Procedures
1. Officers of the
Executive Council may be recalled by:
A. a 2/3 vote of the
Executive Council, or
B. 2/3 vote of the
active members.
2. A member shall
file a notice of the intent to circulate a petition to recall with the
association president by including a copy of the petition to be circulated,
and the names of at least three persons supporting the proposed recall
and responsible for its circulation.
If the proposed recall is for the person holding the office of
president, the request shall be made to the next ranking officer.
3. The association
president shall register the receipt of the notice of the intent to circulate,
and acknowledge such registration in writing with the member filing the
notice.
4. The timeline for
gathering signatures will commence the day that the notice of intent is
registered. A maximum of
60 school days shall be permitted to obtain the signatures of at least
25 percent or more of the active members of the association.
The petition shall contain the question proposed to be placed on
the ballot.
5. The circulators
shall present to the association president the petition containing original
signatures.
6. The association
president shall have 10 school days in which to verify the membership
of the signers of the petition.
7. If there are insufficient
signatures, the petition circulator shall be notified by mail of the number
of signatures needed to qualify the petition.
The petition circulator shall have an additional 15 school days
in which to gather and submit the necessary signatures.
The association president shall have 5 school days in which to
verify the membership of the additional signers.
8. The association
president shall cause a ballot to be furnished to the members no less
than 20 school days after verification of membership.
The period that school is officially not in session shall not be
included in this count.
9. Regular election
procedures (e.g., election of officers) shall be followed including voting
times.
10. Any necessary
supplementary rules governing recall that are not in conflict with the
foregoing may be adopted and published within the same publications and
by the same manner as are prescribed for other elections within the Association.
11. The proposal shall
take effect immediately upon receipt of the required number of votes,
unless otherwise specified. Voting
at School Site, Using Envelopes
When voting is conducted at school sites using envelopes, the procedure
shall be as follows:
1. A list of current
and active members shall be prepared, which includes the following: name
and campus.
2. The ballots shall
be sent to the assigned campus of the member. 3. The voter shall be provided with:
A. A ballot
B. Inner envelope,
and
C. Instruction on
returning of the voted ballot, including signature.
4. At the time of
counting, the names on the outer envelope kept at the campus switchboard
shall be checked against the number of actual voters. 5. The inner envelopes shall be slit and the ballots removed from the envelopes, stacked, and then counted.
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