ATHENS EDUCATION ASSOCIATION CONSTITUTION AND BYLAWS SEPTEMBER 1, 2005 CONSTITUTION ARTICLE I - NAME AND AFFILIATION

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1 ATHENS EDUCATION ASSOCIATION CONSTITUTION AND BYLAWS SEPTEMBER 1, 2005 CONSTITUTION ARTICLE I - NAME AND AFFILIATION Section 1. The name of this association shall be the Athens Education Association, herein referred to as the Association or the AEA. Section 2. This organization shall be affiliated with the Tennessee Education Association (TEA) and with the National Education Association (NEA), and shall meet the minimum standards for affiliation as set forth in the TEA and NEA governance documents. ARTICLE II - PURPOSES Section 1. To strive to understand the problems of education. Section 2. To raise the standards of our schools. Section 3. To bring into closer relationship the schools of our system. Section 4. To encourage cooperation between the teachers and the general public. Section 5. To unite and strengthen the teaching profession and to secure and maintain the salaries, retirement, tenure, professional and sick leave, and other working conditions necessary to support teaching as a profession. Section 6. To enable members to speak with a common voice on matters pertaining to the teaching profession and to

2 present their individual and common interests before the Board of Education and other authorities. ARTICLE III - MEMBERSHIP Section 1. Classes. Membership in the Association shall consist of the following classification: Active, Education Support and Retired. All questions regarding such matters as classification, eligibility, and privileges of members shall be determined by the Executive Board and approved by AEA. Section 2. Active Members a. Active membership in the Association shall be open to all personnel employed in the Athens City system. Active membership is limited to persons who support the purposes and goals of the Association. An active member is entitled to all rights and privileges of membership in the AEA. b. Active members of the Association shall also maintain membership in the Tennessee Education Association and the National Education Association. c. Active membership shall be continuous (providing a continuing membership agreement has been properly filed) until the member leaves the school system, resigns from the Association, fails to pay membership dues, or fails to comply with all rules and regulations of the AEA. Those wishing not to be a part of the professional associations must notify in writing the Central Office and the president of AEA 2

3 on or before September 1 of any school year. Section 3. Educational Support Persons employed by the Athens City School System who are not classified as Active members are eligible for full membership in the Association. Classification for membership is the sole responsibility of the Executive Board. Upon payment of dues, Educational Support members have all the rights and responsibilities of Active Members. The dues schedule for this membership classification will be determined by the Executive Board. Section 4. Retired Members Members who retire may continue as honorary members for life. Payment of dues will not be required. They shall not be eligible to vote, hold office, or represent the AEA. Section 5. Discipline of Members No member may be censured, suspended from membership, or expelled, or cancelled from membership in this association unless the member concerned has been given due notice of such an action and has had an opportunity for a due process hearing before the Executive Board. Any disciplinary action taken may be appealed to the Executive Board and/or the Association. The Executive Board may reinstate a member who has previously been suspended or expelled from the Association. 3

4 ARTICLE IV - OFFICERS Section 1. Officers The officers of the AEA shall consist of a president, vicepresident (who shall be the president-elect), the immediate past president, a secretary, and a treasurer. The parliamentarian shall be an appointed ex officio officer. Section 2. Method of Selection. The president-elect, the secretary and the treasurer shall be elected by secret ballot by the membership at-large according to procedures outlined in Article VIII of the Bylaws. The parliamentarian shall be appointed by the president and approved by the Executive Board and shall be without voting privileges in Executive Board meetings. However, he/she shall have the same privileges to vote as any other member in a general membership meeting of the Association. Section 3. Terms and Succession a. The president and president elect shall serve a one year term and may not be re-elected without an intervening term. The secretary and treasurer shall serve two year terms. The secretary s term ends on odd-numbered years and the treasurer s term ends on evennumbered years. The secretary and treasurer may be re-elected to consecutive terms. b. New officers shall be installed at the banquet/final meeting of the AEA. The term of 4

5 elected officers of this local association shall begin June 1 and shall continue until their qualified successors shall have assumed office. Section 4. Filling of Vacancies. a. Should a vacancy occur in the office of president, the president-elect should assume the office of the president for the remainder of the unexpired term. If the unexpired term is for a period of nine (9) months or longer, it shall be considered as equivalent to the elected term of the president-elect and he/she shall serve only the remainder of the unexpired term. If the unexpired term is for a period of less than nine months, the president-elect shall serve the remainder of the unexpired term plus the term for which he/she was originally elected. b. In the event that the office of president is vacated and the president-elect becomes the president with three or more remaining months until next election, the elections committee shall hold an election within thirty (30) days to fill the office of president-elect. c. If for any reason the office of president-elect is vacated with three or more months remaining until the next election, the elections committee shall hold an election within thirty 5

6 (30) days of the notification of the vacancy in the office of president-elect. d. In the event the president and president-elect are fulfilling unexpired terms and are also to serve regular elected terms, no election for these two offices shall be held at the regular election time since the offices will not be vacated. If the offices of both president and president-elect become vacant at the same time between elections, except as provided in Article V, Section 3 of the Constitution and more than three (3) months remain until the next election, the remaining members of the Executive Board shall choose one of their members to serve as president pro tempore until a secret ballot election can be held for these officers, assuring that proportional ethnic minority and administration representation is maintained. e. If the vacancies for these offices occur more than three (3) months prior to the next regular election, the elections committee shall conduct a special election for these offices within thirty (30) days. f. These persons elected to fill vacancies shall take office the day following the elections. The provisions of the first and fourth paragraphs of 6

7 this section shall apply when these conditions exist. g. If the office of secretary or treasurer becomes vacant and more than three (3) months remain until the next election, the elections committee shall hold a special election within thirty (30) days for the unexpired term. If less than three months remain until the next election, the executive board shall elect by secret ballot the officer to serve the remainder of the unexpired term. h. If the position of parliamentarian shall become vacant, the vacancy shall be filled as provided in Article IV, Section 2 of this Constitution. ARTICLE V - EXECUTIVE BOARD Section 1. The Executive Board shall consist of the officers, five representatives chosen one each of their respective schools, and one representative chosen by the Central Office/System for a two-year term. All are eligible to succeed themselves except president and president-elect. Section 2. The total composition of the Executive Board shall reflect a representation of ethnic minority proportional to the ethnic minority membership in the Association. Also, there shall be proportional representation of classroom teacher members, and administration members. If this representation is not reflected after the normal election 7

8 process, additional representation shall be nominated and elected at-large for a one-year term to fulfill this requirement. Section 3. Whenever a majority of the Executive Board shall agree that an officer has been negligent of the duties defined in the bylaws or is incapacitated, they may recommend to the Association that the office be declared vacant. The officer concerned must have been given due notice of such an action and must have had an opportunity for a due process hearing before the Executive Board. If the Association so votes by a two-thirds majority, it shall immediately elect a replacement to fill the unexpired term. ARTICLE VI - LEGISLATIVE BODY The legislative and policy-forming body of the Association shall be the Association membership. ARTICLE VII - AMENDMENTS Amendments to this Constitution may be adopted by a two-thirds majority of those voting at any regular meeting provided that a quorum is present and provided that the amendments have been presented in writing to the Executive Board and have been sent to Association Representatives two calendar weeks in advance of that meeting for faculty discussion. Amendments to this Constitution may be proposed by the Executive Board or by the Association when at least ten (10) percent of its membership has signed a petition. All amendments shall take effect immediately following adjournment of 8

9 the meeting at which they were ratified except where a different effective date shall have been specified. BYLAWS ARTICLE I - MEETINGS Section 1. Executive Board: The Executive Board shall meet monthly following the Board of Education meeting, at the call of the president, or at the request of half the members of the AEA Board. Section 2. Athens Education Association: The AEA shall meet on the third Monday of September, November, January, and March. The president may call additional meetings if the need arises. A banquet will be held in April or May. In general membership votes, each member is entitled to one vote. ARTICLE II - QUORUM A majority of the members shall be a quorum for the Association and Executive Board. ARTICLE III - POWERS AND DUTIES OF OFFICERS Section1. President: The president shall preside over meetings of the Association, and the Executive Board; appoint the members of standing committees and special ad hoc committees with the approval of the Executive Board, be an ex officio member of all standing committees, and shall be the executive officer of the Association. The president 9

10 shall represent the Association to the public either personally or through delegates and shall perform all other functions usually attributed to this office. Section 2. President-elect: The president-elect shall serve as vice president of the Association and shall perform the functions usually attributed to the office; work closely with one or more standing committees as the president may suggest, and shall be an ex officio member of all committees; and shall become president at the expiration of one year or when the presidency becomes vacant and shall then be entitled to serve his/her own full term as president of the Association except as provided in Article V, Section 3 of the Constitution. Section 3. Immediate Past President: The immediate past president shall advise the Executive Board and assist the president at the latter's request. Section 4. Secretary: The secretary shall keep accurate minutes of all meetings of the Executive Board and General Association meetings, shall maintain official files, and shall assist the president with Association correspondence. Section 5. Treasurer: The treasurer shall hold the funds of the Association and disburse them upon receipt of an official voucher request and authorization by the Executive Board; keep accurate accounts of receipts and disbursements; report to each meeting of the Association; prepare an annual financial statement for publication to members as directed by the Executive Board; keep the President and 10

11 Executive Board informed of the financial condition of the Association; and serve on the budget committee. (The Association shall bond the treasurer.) Section 6. Parliamentarian (ex officio, non-voting): The parliamentarian shall attend all General Association meetings and the Executive Board meetings upon the request of the president. He/she shall advise the president on parliamentary procedures and rule on all matters requested by the president and other matters requested by the president and other matters of a parliamentary nature; and bring copies of this Constitution and Bylaws, and Robert's Rules of Order (most recently revised) to all meetings. Section 7. Each officer shall have the obligation of instructing his/her successor in the duties of that office and working with him/her as needed during the year following his/her election. The local officers and Executive Board members shall be committed to attending leadership conferences and workshops held for training programs. If officers or representatives cannot attend, they should provide an alternate. ARTICLE IV - POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 1. The Executive Board shall be responsible for the management of the Association, approve all expenditures, implement policies established by the Association, act as emergency power in the management of the affairs of the 11

12 Association in the interim between regular meetings of the Association, approve committee appointments, prepare the agenda for each Association meeting and circulate it to all members of the Association; report its transactions and those of the AEA to its members; supervise, oversee, and coordinate the work of all committees; provide for ethnic minority representation on all committees over which it has direct control; and suggest policies for consideration by the AEA. The Board shall act as a presidential advisory board. The President of the AEA or an Executive Board member appointed by the president shall represent the Association at all school board meetings. Section 2. Members may attend meetings of the Executive Board as observers, having a voice but no vote. ARTICLE VI - ASSOCIATION REPRESENTATIVES Section 1. In each school in the Athens City System, members in good standing of this Association shall elect for a term two years one representative and an alternate to the Association and the Executive Board. One representative and one alternate shall also be elected from the Central Office/System Wide. Section 2. During the month of May each school shall elect by secret ballot the number of Association Representatives and alternate to which it is entitled. Nominations for these positions shall be open to all members. Section 3. Association Representatives shall attend the regular 12

13 meetings of the Executive Board unless they receive prior excuses from the president. After two unexcused absences of a representative or an alternate, the president may declare that seat unfilled and call for a faculty election to fill out the term. Section 4. The Association Representatives shall call faculty meetings shall call faculty meetings of the Association members to discuss Association business, shall appoint such faculty committees as the Association may require, and shall organize and oversee the subsequent elections of Association Representatives, and two-way association communication within the building. Section 5. Association Representatives shall have been members of the local, state, and national associations for at least one year prior to their election and shall maintain membership in good standing during their term of service. ARTICLE VII - STANDING COMMITTEES Section 1. Structure: The standing committees shall be responsibible for the specific functions outlined below. They shall have 5 or more members selected to represent a cross section of the total Association, and may be appointed for succeeding terms. All committees shall reflect the ethnic composition of the total membership. The president shall make appointments with approval by a majority of the Executive Board. The president shall appoint the chairman of each committee. 13

14 Section 2. Titles and Duties: a. The Committee on Benefits shall explore and prepare action programs as necessary in all areas of member welfare with responsibility for salaries, leave provisions, fringe benefits, insurance, credit and investment facilities, and general working conditions; and shall be responsible for budget analysis and contract analysis. (1) Salary -to develop salary proposals for presentation to the membership, develop supportive data and research statistics, develop knowledge and understanding of school finance, property taxation, and other financial resources available from local, state, and federal funds; to make recommendations which will aid in bringing about adequate financial support for public education and recommended policies and procedures which will gain community involvement in the campaign for better educational programs. (2) Fringe Benefits - to investigate insurance coverage and group policies which might be made available for members, such as; life, health, income protection, annuities, and accident and travel insurance; to monitor coverage and benefit services of these coverage and policies which are currently provided or available to members, and to 14

15 investigate and recommend other available and potential fringe benefits to the membership (3) Working Conditions - to monitor the physical environment, schedules, and other factors which affect working conditions for reasonableness, comfort, safety; to monitor provisions of the negotiated contract with respect to all working conditions, and to recommend measures through the proper channels to remedy and/or upgrade any of these factors which are found to be unacceptable. (4) Local discount programs secured for the membership for purchases of goods and services. b. The Committee on Legislation shall have broad concern for local, state, and national legislation affecting the interests of the Association and for exercise of civic responsibilities by members. The primary purpose is to assure membership participation in the affairs of democracy. This means voting, holding elective office, understanding the TEA-NEA programs, and keeping in close touch with elected officials. Above all, the keynote is participation - not passively - but actively, in the interests of better democracy and better education. 15

16 c. The Committee on Professional Rights and Responsibilities (PR&R) shall explore and prepare action programs for securing satisfactory personnel policies and procedures for the redress of grievances. This committee shall advise the Executive Board in situations of censure, suspension, or expulsion of members. Members of this committee shall have attained tenure status in the local school system. The specific duties of the committee include knowing, explaining, interpreting, and stimulating cooperative development of written local school board policies, state board policies, local school laws and legal structure, and state and federal school laws and structure. Additional but equally important duties are: to know, explain and defend teacher rights in such matters as tenure, contracts, and liability; to promote and cooperate in the consultant development of written school board policies; to hear complaints and advise members; to defend members, the Association, and the profession against unjust or adverse criticism; to encourage democratic procedures and understanding among the local board of education, the administration, the classroom teacher, and other school personnel; to serve as liaison with the state and national Professional Rights and Responsibilities structures; and to accept such other duties as may be needed 16

17 and assigned. d. The Committee on Public Relations and Research shall seek to develop public understanding of the purposes and programs of the Association, the values and importance of education, and, in cooperation with the administration, the educational philosophy and programs of the schools. It shall develop procedures by which the Association can work cooperatively with parents and the public in civic, fraternal, and social organizations, and through all available channels of communications. It shall seek to provide for effective internal and external communications programs. This Committee shall organize additional areas of work as directed by the Executive Board. e. The Committee on Instruction and Professional Development (IPD) shall explore and develop action programs to raise and maintain standards for certification, employment, and assignment; to improve opportunities for pre-service, continuing, and in-service professional education; and to create and maintain rapport between the Association and institutions of higher education. It shall exercise professional concern in programs involving student teachers or relating to the concept of professional autonomy. 17

18 f. The Committee on Human Relations shall develop positive programs and activities and utilize the talents and abilities of the membership to promote an atmosphere of cooperative understanding of the dignity and worth of each individual and to improve human relationships g. The Committee on Constitution and Bylaws shall promote and maintain an awareness of and stress adherence to the Constitution and Bylaws and shall be responsible for proposing, explaining, and promoting any necessary amendments to make the document more workable in the local association and providing continuity in its content with the state and national constitutions. h. The Social and Courtesies Committee shall have the following duties: (1) Social a. Serve refreshments at regular meetings. (Optional) b. Plan a welcome for new teachers. c. Arrange for social events such as picnics, conventions, annual banquets, parties, or testimonials for retiring teachers. d. Coordinate the annual banquet with the immediate or long-range goals of the association. (2) Courtesies a. The AEA shall be responsible for memorials and courtesies for active members, his/her 18

19 spouse and children. b. The AEA shall be responsible for memorials and courtesies for retired AEA members, Central Office staff and Athens City School Board members. ARTICLE VIII - SPECIAL AD HOC COMMITTEES Section 1. Each year the president shall appoint an Elections Committee, a Budget Committee, and such other special ad hoc committees as may be necessary, and shall discharge them upon completion of their duties. These committees shall operate according to rules approved by the Association. No officer of the Association shall serve on either the Elections Committee or the Audit Committee, except that the retiring treasurer shall automatically serve as chairperson of the Budget Committee, and the incoming treasurer shall be a member of this committee. The Audit Committee shall audit the accounts of the Association to cover the term of the treasurer and shall complete the audit no later than one month following the close of said officer's term. ARTICLE IX - ELECTIONS Section 1. Nominations a. The members of the Association may nominate candidates for president-elect, secretary, and treasurer. All candidates shall have been members 19

20 of the Association for at least one full membership year immediately preceding their election. All nominations shall be delivered in writing to the committee on elections by February 28. b. The Committee on Elections shall report all nominations in writing to each school and the central administration office two weeks prior to the March meeting. During the March meeting, members of the Association may nominate other candidates from the floor before balloting. Section 2. Balloting An official election will be held at the March meeting. The election will be by secret ballot. The Election Committee shall submit detailed procedures of the total elections process to the Executive Board for approval and shall cause the approved procedures to be printed and distributed to the membership at least two weeks in advance of the election. The Committee on Elections shall report results to the president who shall cause them to be announced immediately. ARTICLE IX - AUTHORITY Section 1. Robert's Rules of Order, Revised, shall be the parliamentary authority for the Association on all questions not covered by the Constitution and Bylaws. A copy shall be present at each meeting. Section 2. Parliamentarian - There shall be an official parliamentarian 20

21 appointed annually by the president. He/she shall perform in this official capacity at each meeting of the Association. ARTICLE X - DUES Section 1. The dues for Active members of the Association shall be 0.2 percent of the statewide minimum salary for the preceding school year for a beginning certified teacher with a bachelor's degree as determined by law and the State Board of Education. The dues shall be compute annually and rounded to the nearest one-half dollar. Section 2. Active members shall also pay annual dues to the Tennessee Education Association and the National Education Association. Section 3. Dues of Educational Support members shall be equal to one-half the amount for Active members. Section 4. Retired members shall pay no annual dues. Section 5. Any Active or Educational Support member who is granted a leave of absence for official duties may retain membership status by paying membership dues directly to this Association. Section 6. The membership year shall extend from September 1 of one year through August 31 of the next; however, members who paid dues for the previous year will be considered as non-delinquent and in continuous membership subject to the rights, privileges, benefits, and services provided by his/her category of membership if his/her dues are paid or payroll deduction is officially 21

22 authorized prior to November 1. Section 7. Persons employed after January 1 of the school year shall be invited and encouraged to become members for a prorated amount in proportion to the number of months remaining in the year. ARTICLE XI - DELEGATES TO TEA AND NEA Section 1. TEA Representative Assembly a. Delegates and alternates to the annual TEA Representative Assembly shall be elected according to procedures outlined in the TEA Constitution and Bylaws. b. Names of delegates and alternates shall be submitted to TEA at least one month in advance of the dates of the Assembly. Section 2. NEA Representative Assembly a. Election of delegates and successor delegates to the NEA Representative Assembly shall be by secret ballot of the entire membership for each individual delegate position. b. Names of elected delegates and successor delegates shall be submitted to the NEA in advance of the Assembly. c. Delegates and successor delegates must be members of the Association. ARTICLE XII - FISCAL YEAR The fiscal year of the Association shall be from September 1 of one 22

23 year through August 31 of the year following. ARTICLE XIV - AMENDMENTS These Bylaws may be amended or repealed only by majority vote at any regular meeting of the Association provided that proposed amendments have been previously studied by the Executive Board and that copies have been sent to Association Representatives and shared with the membership two calendar weeks in advance of that meeting. Amendments to these Bylaws may be proposed at any regular meeting of the Association by any member of the AEA, the Executive Board, or by petition signed by at least ten (10) percent of the members of the Association. All amendments shall take effect immediately following adjournment of the meeting at which they were ratified except where a different effective date shall have been specified. ARTICLE XIV This Constitution shall become effective September 1,