CONSTITUTION / BYLAWS
(as amended 2008)
Note: this document contains eleven pages. Click here to scroll...
SPECIAL DISTRICT NEA
CONSTITUTION / BYLAWS
(as amended 2008)
Note: this document contains eleven pages.
Click here to scroll...
SPECIAL DISTRICT NEA
CONSTITUTION/BYLAWS
2008
Preamble
We, the members of Special District NEA, in order to promote and advance the Special and Technical education of students in St. Louis County, develop and promote cohesiveness as members with a common voice, and secure the rights and benefits of educational employees as designated by procedures and policies of MNEA, do hereby establish the following bylaws:
The name of this organization shall be the Special District National Education Association (SDNEA).
This Association shall maintain affiliation with the Missouri National Education Association (MNEA) and the National Education Association (NEA).
The goals of the Association shall be as stated in the preamble. The objectives of this Association shall be to work for the welfare of the professional staff and students of the Special School District of St. Louis County; to develop ethical and professional practices; to unify and strengthen the teaching profession, to enable members to speak with a common voice; to represent the interests of members before appropriate authorities and groups; and to carry out appropriate programs and policies of the Missouri National Education Association.
Provisions of the Constitution/Bylaws shall be consistent with the provisions of the Constitution/Bylaws of affiliated Associations. The Association shall have all power necessary and proper to take action for attainment of the goals and objectives; all within the meaning of Section A501 C5 of the Internal Revenue Code. Nothing in these Bylaws shall be construed to prevent the Association from pursuing objectives which are consistent with the stated goals of the Association.
The membership and fiscal year shall coincide with the membership year of Missouri NEA/NEA; September 1 through August 31.
Section 1: Active membership in the Association shall be open to all professional personnel employed in the Special School District of St. Louis County engaged in education, diagnosis, rehabilitation, administration or supervision upon payment of dues as provided in Section 3. Members must 1) hold a minimum of bachelor's degree or the equivalent thereof and/or hold a regular vocational of technical certificate and 2) where required hold or be eligible to hold a regular legal certificate of any kind except an emergency substandard certificate or permit.
Section 2: A member of the Association in good standing may vote upon all business brought before the Association.
Section 3: The annual membership dues of members shall be payable by payroll deduction IN EIGHTEEN SEMI-MONTHLY INSTALLMENTS. The first installment shall be due in September and continue thereafter until June.
a.) Dues shall be payable to the Treasurer for distribution to the various affiliated Associations.
b.) The amount of the local dues shall be left to the discretion of the membership. This decision may be made at any meeting of the organization as provided in Article XV, Sections1 and 2, of the Constitution/Bylaws by a majority vote of those in attendance, a quorum being present.
c.) The membership fee for persons eligible for active membership who are regularly employed for fifty percent (50%) or less of the normal daily schedule for a full faculty member (as verified by the Association) shall be one-half (1/2) of the active membership dues.
d.) Any member joining the Special District National Education Association for the first time after September 1 as an active member shall be enrolled in full standing for the remainder of the membership year by paying , either in full or by payroll deduction, the amount of annual dues which is commensurate with the remaining portion of the membership year. Dues payment for subsequent membership years shall be by payroll deduction.
Section 4: No member may be censured, suspended, or expelled, without a due process hearing, which shall include an appropriate appellate procedure. (Appellate procedure outlined by MNEA Bylaws.)
Section 5: Active membership is limited to persons who support the principles and goals of the Association and who maintain membership in the Missouri National Education Association and National Education Association where eligible.
Section 6: Authorizations for dues deductions shall continue in effect from year to year unless revoked prior to the receipt of the first paycheck in writing to the Association for the upcoming school year. The Association will send notification to the District of those individuals who have discontinued dues deductions.
The administrative year of the Association shall be July 1 through June 30.
Section 1: Officers of this Association shall be President, Vice-President(s) (1 st , 2 nd and/or 3 rd ), Recording Secretary, Corresponding Secretary, and Treasurer.
Section 2: Officers shall be elected at a General Membership meeting during the second semester of the school year as scheduled by the Recording Secretary. Officers shall be elected from a slate of at least one name for each office presented by the Nominating Committee. Open nominations from the floor shall be accepted. Voting shall be by secret ballot or by acclamation. All elections shall be in accordance with the one-person, one-vote principle.
Section 3: The President, Vice-President(s), Recording Secretary, Corresponding Secretary, and Treasurer will serve for a period of three administrative years. The offices of President and Vice President(s) shall be limited to two terms. There shall be no limitations in number of terms for other officers.
Section 4: The Duties of the Officers (All elected officers are bonded by NEA):
The President shall:
• Be the chief executive officer of the Association.
• Preside at all Executive Board-Representative Assembly meetings and the General Membership meeting(s).
• Be responsible for all appointments.
• Call special meetings of the Association or any of its committees.
• Keep the Executive Board-Representative Assembly informed of all pertinent Association business.
• Serve as ex-officio member of all committees, except the Nomination Committee.
• Establish means of communications with Executive Board-Representative Assembly and the membership.
The President with the approval and oversight of the Executive Board-Representative Assembly shall:
• Make appointments to fill unexpired terms of officers and directors.
• Define the duties of the other officers, committees and delegates wherever those duties are not stated in the Constitution/Bylaws.
• Maintain a credit card for business use of the Association.
The Vice-President(s) shall:
• Assume all duties of the President (in the order of succession) in case of the absence or resignation of the President.
• Serve as ex-officio member of all committees (as designated) except the Nomination Committee.
The Treasurer shall:
• Keep all financial records of the Association.
• Collect and/or receive all monies due the Association.
• Be custodian of all funds of the Association.
• Disburse funds as ordered by the Association.
• Prepare and present a financial report to the Executive Board-Representative Assembly and Association members at meetings of these groups and/or special meetings as requested by the President or Executive Board-Representative Assembly.
• Collect and distribute dues for membership in affiliated Associations.
• Prepare and present an annual financial report to the general membership meeting during the second semester of the year.
• Present financial records for audit to a Budget-Committee (three members) appointed by the President and approved by the Executive Board-Representative Assembly at the close of each administrative year, and presented at the first meeting in the new administrative year.
• Prepare and recommend an annual budget to the Executive Board-Representative Assembly prior to the election of officers for the succeeding year.
The Recording Secretary shall:
• Keep accurate minutes of all Association meetings and Executive Board-Representative Assembly meetings.
• Secure a meeting place for the Executive Board-Representative Assembly.
The Corresponding Secretary shall:
• Be responsible for correspondence necessary to meet requirements of the Association.
• Make room reservations and meal arrangements as necessary for spring and fall State Representative Assembly meetings, Annual NEA Representative Assembly and other conferences.
• Make travel arrangements for NEA Representatives Assembly members.
Article IX - Representatives
Section 1: In the fall of each year, the President shall elicit volunteers from the general membership to serve as members of the Representative Assembly.
Section 2: The Representatives shall assume office at the beginning of the school year.
Article IX – Representatives, cont.
Section 3: The Representatives shall a) Represent the membership at Executive Board-Representative Assembly meetings as voting members. b) Provide for communication between the Association members and the Executive Board-Representative Assembly c) Appoint an alternate representative if he/she cannot attend.
Article X - Recall of Executive Board Members
Section 1: When an elected member of the Executive Board-Representative Assembly does not perform the duties of his/her office, a recall of the member may be made by a two-thirds vote of the remaining members of the Executive Board –representative Assembly during a closed session.
Section 2: Elected members of the Executive Board-Representative Assembly may also be subject to a recall election initiated by the general membership.
a. A recall election would be held upon a petition of not less than 10% of the current membership.
b. The election would be held at a General Membership meeting scheduled not less than thirty (30) nor more than sixty (60) days after receipt of the petition.
Article XI - Executive Board-Representative Assembly
Section 1: This body shall consist of the elected officers, the immediate past-president, the Executive Board, the chairpersons of standing committees, and the building/district representatives.
Section 2: This body shall be the executive authority of the Association and shall be vested by the members to transact all business of the Association, to enact legislation relative to the Association and to make general legislation governing the work of the Association.
Section 3: This body shall meet monthly and may hold special meetings at the call of the President.
Section 4: Any member of the Association who is not a member of this body may attend its meetings and may receive permission to speak but not to vote.
Section 5: Duties of the Executive Board-Representative Assembly shall be as follows: a) to conduct all appropriate executive business of the Association; b) to formulate policies and programs for the Association: c) to authorize disbursements of funds; d) to act for the welfare of the Association, providing that at the next regular business meeting, such acts and commitments may be retroactively revocable by a two-thirds vote of the members present, a quorum being present and voting; e) to recommend an annual budget ; f) to approve, reject, or alter recommendations of the Executive Board.
Article XII - Executive Board
Section 1: The Executive Board shall consist of the seven (7) elected officers, the grievance chair(s) and fourteen (14) elected board of directors, one from each of the following constituencies: separate school teacher position; Speech/Language; Related Services: two from: Tech. Ed . division teacher position; Tech. Ed. at-large: three from: Special Education teachers in the component district position: four from the Special Education division teacher level staff. The Composition of the Executive Board may be changed by a majority vote of the Executive Board-Representative Assembly with ap-
proval at the general assembly meeting. Voting shall be by member only by way of a secret ballot with a minimum of at least one nominee from each constituency group on the ballot. The nominee receiving a PLURALITY of votes for each position shall repre-
sent that position. If no nominees are forthcoming for designated positions, members may fill in as at-large delegates. Changing constituency groups in job assignment does not provide cause for removal from the Executive Board.
Section 2: Executive Board members shall be elected every three administrative years using the following cycle (2002 is year 1):
• Year 1 Positions 3 Year Terms
• 1 Speech/Language
• 1 Special Ed. Division at-large
• 1 Special Ed. in component district
• 2 Tech. Ed. at-large
• 1 Vice-President (3 rd 3 yr. term)
• Year II Positions 3 Year Terms
• 1 Related Services
• 1 Special Ed. division at-large
• 1 Special Ed. in component district
• 2 Tech. Ed. division teacher position
• 2 Vice-Presidents (1 st & 2 nd , 3 yr. terms)
• Year III Positions 3 Year Terms
• 2 Special Ed. division at-large
• 1 Separate School
• 1 Special Ed. in component district
Section 3: The election will be conducted at the General Membership meeting in the second semester of the school year, as prescribed in Article VIII, Section 2.
Section 4: When necessary the Executive Board shall recommend legislation to the Association.
Section 5: The President will be able to appoint unfilled positions.
Article XII - Executive Board, cont.
Section 6: When deemed necessary the Executive Board may meet in closed session.
Article XIII - Committees
Section 1: The President with the approval of the Executive Board shall appoint Chairpersons of committees, subcommittees and/or special committees. Chairpersons shall appoint committee members with the approval of the Executive Board.
• Any member of the Association, excluding the President, may be appointed to chair a committee.
• No member of the Association may chair two committees concurrently.
Section 2: Standing committees shall be as follows: Budget, Constitution; Government Relations; Grievance; Membership; Minority Affairs; Nomination/Election; and Public Relations.
Section 3: Chairpersons shall bring all matters requiring policy decisions to the Executive Board-Representative Assembly for approval.
Section 4: Chairpersons shall prepare an annual written report summarizing objectives, action programs, and recommendations for the past and upcoming year. These annual committee reports shall be filed by the Executive Board to become part of the continuing committee records in the Association files.
Section 5: Chairpersons and members of these committees shall serve for the administrative year they are chosen.
Section 6: Members who serve on committees of the affiliated Association shall be ex-officio members of related Special District NEA committees.
Section 7: Duties of committees in addition to making an annual report to the Association shall be as follows:
A. Budget Committee shall:
• Study financial needs of the Association.
• Prepare an annual budget for the Association.
3) Present a budget to the members for approval at a General Membership meeting, said budget having been reviewed and recommended by the Executive Board.
B. Constitution Committee shall:
• Study the Constitution/Bylaws of the Association.
• Recommend changes in the Constitution/Bylaws required to facilitate functioning of the Association as approved by the Executive Board-Representative Assembly.
• Inform members of proposed changes in the Constitution/Bylaws at least two weeks prior to the time such proposals shall be presented for approval at a General Membership meeting.
Article XIII – Committees, cont.
C. Government Relations Committee shall:
• Continuously study legislation (proposed and enacted) that is pertinent to services offered by Special School District of St. Louis County, Missouri .
• Make recommendations to the Executive Board-Representative Assembly concerning legislation that the Association might support or oppose.
• Strive to achieve our legislative agenda by endorsing Special School District Board candidates.
• Campaign for endorsed candidates at the local, state and national levels.
• Solicit contributions for endorsed candidates and lobbying activities.
• Lobby in support of educational issues.
D. Grievance Committee shall:
• Be responsible for developing and implementing a grievance procedure.
• Work to help assure members of due process.
• Keep the membership informed of developments in the area of teacher rights and responsibilities.
E. Membership Committee shall:
• Seek membership growth in the Special District NEA, the Missouri National Education Association, and the National Education Association.
• Develop and conduct yearlong programs for recruitment and orientation of professional staff to the community, the school system, and the Association.
F. Minority Affairs Committee shall:
• Provide awareness, and participation to ensure that the SDNEA policies, programs, and practices are sensitive to address the needs of its minority members.
• Provide minority input for its programs and policies.
• Make specific recommendations to the Executive Board-Representative Assembly for means and strategies to continue such input.
• Make reports to the Executive Board-Representative Assembly. Distribute materials for Martin Luther King, Jr. contest; collect, evaluate and award prizes for contest winners.
G. Negotiations Committee shall:
• Investigate current trends in teachers' salaries, fringe benefits, and working conditions.
• Make recommendations to the members concerning matters relative to salary and welfare.
• Be responsible to negotiate on items concerning improvement of instructional and employment conditions, with the Board of Education and/or their legal representatives.
Article XIII – Committees, cont.
H. Nomination/Election Committee shall:
• Prepare a slate of nominees for officers and Executive Board as specified by the Constitution/Bylaws.
• Present a slate of nominees, prepared in accordance with above, to the members prior to the election date.
I. Public Relations Committee shall:
• Seek out fundraiser activities to promote Association awareness and further philanthropic enterprises.
• Coordinate and award scholarship awards.
• Arrange for rewards to celebrate American Education Week and Teacher Appreciation Day.
Article XIV - Delegates of the Association
Section 1: Number and selection of delegates shall be consistent with provisions of the Constitutions of the affiliated Association.
Section 2: Delegates will represent the Special District NEA membership of the affiliated Associations, and provide for formal communication to the membership.
Article XV - General Membership meetings
Section 1: The fundamental decision-making power of the Association is vested in the individual members. The members shall elect and/or recall the officers, set policy, create and/or amend the Constitution/Bylaws, approve the Association budget, elect delegates to affiliated Association Representative Assemblies, and ratify any contractual agreements between the Association and the District.
Section 2: There shall be at least one General Membership meeting annually. The election of Executive Board members shall be accomplished at a meeting held during the second semester of the school year.
Article XVI - Quorum
Section 1: Five percent (5%) of the membership of the Association, as certified by the Membership Chairperson, shall constitute a quorum for a General Membership meeting.
Section 2: Fifteen (15) members of the Executive Board shall constitute a quorum for the meetings of the Executive Board-Representative Assembly in which business is transacted.
Article XVI – Quorum, cont .
Section 3: A quorum must be present at any meeting at which business is transacted or a vote taken committing the Association to any proposal or action. All members will be notified of said meetings at least twenty-four hours before the meeting is to take place.
Article XVII - Minority Representation
The Association shall take all reasonable steps to assure that elective and appointive bodies shall have minority representation at least proportionate to the state minority population.
Article XVIII - Parliamentary Authority
Section 1: The President shall appoint a Parliamentarian at the beginning of each administrative year. The latest edition of Robert's Rules of Order shall be the Association's authority on all questions of procedure and parliamentary law not covered by the Constitution/Bylaws.
Article XIX – Modification or Amendment
Section 1: The Constitution/Bylaws of this Association may be amended at a business meeting or by secret mail ballot. A simple majority vote of those members voting is required for passage or adoption. The membership shall receive a minimum of two weeks notice of proposed Constitution/Bylaws changes. This notice shall be by mail and a public announcement at the preceding Executive Board-Representative Assembly meeting.
Amended
March 25, 1993
March 15, 1994
October 1994
March 1998
November 1998
March 2000
March 2002
May 2004
November 2004
December 2004
October 2006
May 2008