Farmington Education AssociationConstitution and Bylaws
Revised May 2005, August 2008
An Affiliate of
Education Minnesota
National Education Association
American Federation of Teachers
FARMINGTON EDUCATION ASSOCIATION
CONSTITUTION
TABLE OF CONTENTS
CONSTITUTION
Preamble..……………………………………………………………. 2
ARTICLE I Name…...…………………………………………………………...... 2
ARTICLE II Membership ...…………………………………………………….... 2
ARTICLE III Affiliation…...………………………………………………………... 3
ARTICLE IV Offices & Executive Board – Election……...………………………... 3
ARTICLE V Meetings...……………………………………………………………. 4
ARTICLE VI Amendments…………………………………………………………. 4
ARTICLE VII Quorum………………………………………………………………. 4
ARTICLE VIII Contract Ratification and Strike Vote……………………………...... 4
ARTICLE IX Disciplinary Action…………………………………………………... 5
BYLAWS
ARTICLE I Building Representatives…………………………………………….. 7
ARTICLE II Offices & Executive Board Duties…………………………………... 7
ARTICLE III Dues………………………………………………………………….. 8
ARTICLE IV Legislation……………………………………………………………. 9
ARTICLE V Standing Committees………………………………………………… 9
ARTICLE VIRepresentation at State Representative Convention and National Representative Assembly…………………………………………….. 9
ARTICLE VIIHonorariums…………………………………………………………. 9
ARTICLE VIIIElection of Delegates—State and National………………………….. 9
ARTICLE IXParliamentary Authority……………………………………………... 10
PREAMBLE
We, the members of the Farmington Education Association, Education Minnesota (EM), National Education Association (NEA), and American Federation of Teachers (AFT), believing that the active participation of non-supervisory education personnel in the development of educational policy is essential for sound education in a democratic society, have joined together, as herein defined in this Constitution and Bylaws, for the purpose of exerting a collective and positive influence on education in Independent School District No. 192, Farmington.
Farmington Education Association shall provide a united voice for public education, leadership in education innovation, dedication to Minnesota students and families, and an unwavering commitment to the welfare of our members. Farmington Education Association shall be a local organization that provides unstinting professional service to its members by building and maintaining a strong, effective local and by promoting instructional advocacy. Farmington Education Association shall be committed to democracy in the workplace and within the organization. If any provisions of this Constitution and Bylaws conflict or violate the Constitution and Bylaws of Education Minnesota, NEA or AFT, the provisions of the state and national organizations shall supersede those contained herein.
ARTICLE I: NAME
The name of this organization shall be the Farmington Education Association
ARTICLE II: MEMBERSHIP
SECTION 1: Membership in the Farmington Education Association shall be in accordance with the Constitution and Bylaws of Education Minnesota, NEA, and AFT. The membership year shall be September 1 through August 31. No one shall hold office in the Farmington Education Association who is not an active member of Education Minnesota, NEA, and AFT.
SECTION 2: State and national dues will be assessed in accordance with the dues categories and policies of Education Minnesota, AFT and NEA.
SECTION 3: Any person employed as certified teacher, as defined by Minnesota statute, with the exception of supervisory personnel and building nurses who are eligible for membership in Education Minnesota shall be eligible for membership in this Association.
SECTION 4: The Local Association shall be apportioned according to the one-person/one vote standard and ethnic-minority members shall be guaranteed representation at least in proportion to their membership in the Association.
SECTION 5: The power of the General Membership to establish Dues and a Budget shall be as defined in the bylaws.
ARTICLE III: AFFILIATION
The Farmington Education Association is affiliated with Education Minnesota, the American Federation of Teachers and the National Education Association in accordance with the provisions of the Constitution and Bylaws of these bodies. Individuals will be members of Education Minnesota, the American Federation of Teachers, and the National Education Association.
ARTICLE IV: OFFICES & EXECUTIVE BOARD - ELECTION
SECTION 1: Election Procedures: All elections shall be governed by applicable State and Federal laws.
1. Members must receive at least 15 days notice of the procedures and deadlines to file as a candidate for the election and the date, time and place of the election.
2. Members must have a fair and equal opportunity to participate in the election without unreasonable impediments.
3. Voting must be by secret ballot.
4. In a contested election, candidates must be allowed to station observers at the polling places.
5. Representatives of the competing candidates should be allowed to observe, but not actually participate in, the counting of ballots.
6. The used, unused and challenged ballots; the envelopes used to return ballots; and other documents related to the election should be safely stored for one year in case there is a challenge to the election.
7. No union funds may be used to support any candidate.
8. The union shall comply with reasonable requests to distribute campaign literature at the candidate’s expense.
9. Candidates have the right to inspect the membership list once within 30 days prior to the election. No candidate can have preferential access to the list.
10. There shall be an open nomination process for all elections.
SECTION 2: The officers of this Association shall be president, vice-president, immediate past president, treasurer, membership coordinator, and secretary.
SECTION 3: All officers and negotiators shall be elected in April of even numbered years for a two (2) year term beginning June 1 and ending May 31 of the following even numbered year. The names of officers shall be reported to EM by May 30.
SECTION 4: All elections for Association office shall be conducted under open nomination and secret ballot procedures.
SECTION 5: A simple plurality of votes cast shall be necessary to elect a member to office.
SECTION 6: Vacancies shall be filled through appointments by the Executive Board, except for the office of president, in which case the vice-president shall complete the remainder of the term.
SECTION 7: The Executive Board shall be composed of the officers, building representatives, and the immediate past president.
ARTICLE V: MEETINGS
SECTION 1: Building meetings shall be held at the direction of the president, Executive Board, building representative or by petition of twenty percent (20%) of that particular building. Said petition shall be served upon the president of this Association who will direct the building representative to hold such meeting.
SECTION 2: The president or Executive Board may call meetings of the full membership when requested by a petition of 10% or more of the general.
SECTION 3: Upon request of one-half (1/2) of the members of the Executive Board, a membership-wide referendum may be requested on any motion before the Executive Board.
ARTICLE VI: AMENDMENTS
SECTION 1: The constitution may be amended at any general meeting by giving members a written notice of the proposed change at least ten (10) calendar days in advance and by an affirmative vote of at least 66%of all FEA members.
SECTION 2: Bylaws may be adopted, amended, or repealed at any general meeting by an affirmative vote of at least 50% of all FEA members.
ARTICLE VII: QUORUM
SECTION 1: At a FEA membership meeting, a quorum shall consist of those members present for the transaction of business.
SECTION 2: Fifty per cent (50%) of the Executive Board shall constitute a quorum for the transaction of business.
ARTICLE VIII: CONTRACT RATIFICATION AND STRIKE VOTE
SECTION 1: The ratification of the Master Contract between the Association and the school district shall take place at a general membership meeting called for that purpose. The vote shall be conducted by secret ballot and all members of the Association shall be eligible to vote. A majority of those voting is necessary to approve the contract.
Subd. 1: If the contract ratification meeting takes place while members are involved in a strike, all members of the bargaining unit who participate in the strike shall be eligible to vote on the proposed Master Contract. A majority of those voting is necessary to approve the contract.
Subd 2: If a tentative agreement is reached at a time at which school is not in session, the President or an appropriate Association officer available shall be authorized to call a meeting for the purpose of ratifying the proposed agreement. A notice of the meeting shall be mailed to the membership. The meeting shall be held no later than 7 days after the date of the notice. Included with the notice shall be an outline of the negotiated changes in the Master Contract.
Members who are unable to attend the meeting may vote by the absentee ballot provided with the meeting notice. All ballots from the meeting and all absentee ballots received by the date of the meeting shall be counted at this general meeting.
SECTION 2: In the event that a contract agreement cannot be reached between the Association and the school district, the Association shall conduct a strike vote at its discretion. Such strike vote shall be conducted at a general membership meeting called expressly for that purpose. The vote shall be secret ballot with absentee ballots provided to those unable to attend.Eighty Five percent (85%)of the membership must vote their approval of a strike action.
SECTION 3: If a general membership meeting has been called for the purpose of ratifying the contract and the contract is rejected as set forth in Section 1, the Association may conduct a strike authorization vote, at this meeting, as set forth in Section 2.
Section 4: During a strike or in the event of an emergency, the executive board shall have the authority toestablish alternative timelines for notification and balloting.
Article IX Disciplinary Action
Section 1: Disciplinary action, in the form of censure, suspension or permanent expulsion, shall not be takenagainst any member except for cause. Cause shall relate to conduct prejudicial to the purposes of thelocal which may include any one or more of the following:
1. Failure to remain a member in good standing with Education Minnesota, the National Education Association and American Federation of Teachers.
2. Substantial violation of the Code of Ethics of the Board of Teaching or other licensing agency.
3. Violation of a local policy in a crisis situation affecting the entire school district.
4. Other good and sufficient cause whereby the conduct of the member would be prejudicial to the purposes of the local.
Section 2: Such action shall be initiated by a complaint of a majority of the officers of the local, with writtennotice to the member of the proposed action to be taken and the reasons thereof. Such notice shall alsoinclude the statement that the member has ten (10) calendar days in which to request a hearing beforethe local executive board, or a special local discipline committee, at which the member is entitled to a representative of his/her choice to answer the charges and examine those making them.
Section 3: The hearing will be private or public at the choice of the member being disciplined, and the decision,by a simple majority, shall be communicated, in writing, to the member, accompanied by amemorandum of findings of act, within ten (10) days of the close of the hearing. A tie vote shallindicate no action will be taken.
Section 4: Any member censured, suspended, or expelled under these provisions shall have the right of appeal tothe full membership or representative body, if applicable, within ten (10) days of receipt of thedecision. The appeal hearing shall be presided over by the local president who shall establish aprocedure which includes witnesses and right of cross-examination. A quorum shall be present. Thedecision shall be made by secret ballot with a simple majority of the membership present and voting. In the case of a tie, with the president voting, no action shall be taken.
Section 5: Action to expel or suspend shall be communicated to the President of Education Minnesota in writing.
Section 6: A member who is expelled or suspended from membership in the local shall have the right of appeal tothe Education Minnesota Governing Board in accordance with such policies and procedures as theBoard may adopt.
Section 7: Appeal to the American Federation of Teachers and National Education Association shall be governedby the policies and procedures adopted by the AFT and NEA.
Section 8: Lawsuits. No person shall initiate a civil action suit or proceeding in any court against the local or anyof its officers, members, or employees on account of any discipline unless such person has exhaustedthe remedies of hearing and appeal as provided in this Constitution.
BYLAWS
ARTICLE I: BUILDING REPRESENTATIVES
SECTION 1: Building Representatives
- The building representative, building secretary, and/or assistant building representative shall be elected by each building.
- The building representative may designate the assistant building representative or building secretary to sit in with full voting privileges.
SECTION 2: Negotiations
- The Negotiations Team shall consist of one (1) person from each level (elementary, middle school, and high school), up to three (3) people at large, and the FEA president. Team members shall be elected by the general membership in a secret ballot from a slate of applicants. One team member per level shall be determined first. Building level members of the negotiating team shall be the persons who receive more votes than others on the ballot from their building level. The at-large members of the negotiation team shall be identified from the remaining pool of candidates who have the most votes.
- Vacancies shall be filled by a candidate from the level in which the vacancy occurs by the Executive Board.
- Terms of office shall be for the two negotiating years and the term shall begin on June 1 of even calendar years.
- The duties of the Negotiations Team shall be outlined in individual contracts for each member. The duties will include, but not be limited to: compile research for the development of the Master Contract, attend negotiations training sessions sponsored by the EM, negotiate a Master Contract, aid in policing the Master Contract, communicate negotiating functions, and status to the Executive Board and the General Membership.
ARTICLE II: OFFICES & EXECUTIVE BOARD DUTIES
SECTION 1: The duties of the Executive Board shall be to formulate policy of the organization, set up programs of activities, make interim decisions for the local when a full meeting is impractical, coordinate activities of FEA with State and National Associations and hold regular monthly meetings as set by the board at its first meeting, and other meetings at the discretion of the president.
SECTION 2: The duties of the president shall be: to preside at all general and Executive Board meetings; to be informed of services, programs, and activities at the local, State and National levels; make plans for a budget for the Association; inform the membership of Association activity at all levels; and report names and addresses of officers to the EM, AFT and NEA.
SECTION 3: The duties of the vice-president shall be: to oversee implementation of American Education Week, Read Across America, Teacher of the Year, Senior FEA Scholarship, and the Teacher Recognition/Retirement Program; to become fully informed of the responsibilities of the president; preside at meetings when the president is unable to; to perform other duties as designated by the president; and to assume the presidency if the president is unable to complete the term of office.
SECTION 4: The duties of the treasurer shall be: to care for all funds of the Association; to assist in budget planning; to make financial and membership reports to the Executive Board; to make arrangements for an annual audit, and to pay all bills the Association incurs by voucher through proper procedures set by the Executive Board and committees.
SECTION 5: The duties of the membership coordinator shall be: to maintain an accurate list of members in the bargaining unit and to update Education Minnesota as changes occur.
SECTION 6: The duties of the secretary shall be: to keep accurate minutes of meetings of the Executive Board and the local general meetings and submit a copy of said minutes to the president and other officers, and all building representatives; preserve all previous records of the Association and pass them on to the successor; to send out notices of meetings, to prepare and answer all correspondence, and file application for affiliation with the EM office.
SECTION 7: The duties of the building representatives shall be: to preside at building meetings; to submit a copy of proceedings of said meetings to the president; and provide liaison between the building and the president and the Executive Board.
SECTION 8: The duties of the EM delegates shall be to represent this Association at the EM Representative Convention.
SECTION 9: The duties of the NEA and AFT delegates shall be to represent this Association at the NEA and AFT Representative Assembly.
ARTICLE III: DUES
SECTION 1: The annual dues shall be determined by the Executive Board. Any necessary special assessment approved by the Association shall be payable to the treasurer at a time designated by the Executive Board.
SECTION 2: Local membership dues shall be determined by the Farmington Education Association in the following manner: Members shall pay unified annual dues, which shall include membership in the Farmington Education Association, Education Minnesota, the National Education Association, and American Federation of Teachers. No net earning shall inure to the benefit of any member
ARTICLE IV: LEGISLATION
SECTION 1: Motions made, seconded, and passed by a simple majority at general meetings shall be binding until amended or rescinded.
SECTION 2: Motions made, seconded, and passed at building meetings concerning policies for the entire Association shall be considered resolutions to be presented by the building representatives at a general or Executive Board meeting of the Association for the body’s consideration and action.
ARTICLE V: STANDING COMMITTEES
SECTION 1: The president shall have the power to appoint Standing Committees to study and report on specific problems.
SECTION 2: The president shall appoint standing committee chairpersons. The president and vice president shall assist committee chairpersons in appointing committee members.
ARTICLE VI: REPRESENTATION AT STATE REPRESENTATIVE
CONVENTION AND NATIONAL REPRESENTATIVE ASSEMBLY
SECTION 1: The Association shall submit the names of its elected delegates to EM each year and shall submit the names of its elected delegates to the NEA and AFT Representative Assemblies. In the event that the elected delegates are unable to attend the assemblies, other delegates to meet the quota shall be elected by the Executive Board.
SECTION 2: Cost incurred for attendance at the EM Representative Convention and NEA and AFT Representative Assembly, and other FEA business, shall be reimbursed by this Association subject to the approval of the Executive Board.