FEA GOVERNANCE DOCUMENTS: CONSTITUTION AND BYLAWS. Preamble

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1 FEA CONSTITUTION & BYLAWS AS AMENDED OCTOBER,

2 Preamble FEA GOVERNANCE DOCUMENTS: CONSTITUTION AND BYLAWS C O N S T I T U T I O N Florida Education Association (FEA) is by these presents established to further the heritage of its two predecessor organizations, the Florida Education Association/United (FEA/U) and the Florida Teaching Profession-National Education Association (FTP-NEA), for the purpose of supporting several basic premises. Florida's students deserve a world-class education, one that pursues the uniquely American ideal that all individuals should have the opportunity to reach their potential and thereby contribute to a thriving, democratic society. The strength of America's democracy is an educated citizenry. The common thread that holds this nation's diverse population together is the public school. (FEA) shall serve as the leader in protecting the significance of public education in Florida and advancing both quality and equality in the public education system by: Supporting the interests of the children of Florida to ensure that education is a state priority and adequately funded and that children are provided a safe learning environment at school and a nurturing environment at home. Advocating public policies which promote democracy, as well as social and economic justice for all people. Seeking to enhance the professionalization of teaching and supporting higher standards for the profession in particular, and education in general. Fulfilling the legitimate aspirations and needs of members in order to strengthen the institution of public education by advocating for its members and seeking to strengthen and improve the institutions within which they work in a variety of ways, including the preservation of collective bargaining. Supporting the efforts of a democratic labor movement to strengthen working families by seeking close ties to and involvement in the work of the AFL-CIO in furtherance of FEA s goals for students and members. 2

3 ARTICLE I Name, Goals, Objectives, Diversity, Authority for Governance Section 1. Section 2. Section 3. Section 4. Name and Location A. The name of the organization shall be Florida Education Association (FEA). B. FEA s main office shall be located in Tallahassee, Florida, or such other location as may be stated in the Bylaws. Goals and Objectives The Delegate Assembly shall establish the goals and objectives of FEA at its annual meeting. Diversity FEA shall foster diversity by becoming a model of inclusiveness and seeking to mirror the diversity in American society. A. FEA shall maintain and expand the levels of diversity and minority representation maintained by its predecessor organizations throughout its leadership, governance and staff. B. FEA shall promote programs and adopt policies designed to involve ethnic minority members in FEA s activities and decision making. C. In order to enhance diversity and ethnic minority representation, all governing bodies and committees and program and policy councils of FEA may be expanded in number as provided in the Constitution and Bylaws. D. FEA shall adopt an employment program which is designed to recruit and employ ethnic minority staff and ensure diversity at all levels of employment. E. Any member of FEA may bring to the attention of the President any concern about the level of ethnic minority and diversity representation occurring anywhere within FEA. The President shall investigate and report findings to the member and the Executive Cabinet of any such claim regarding ethnic minority and diversity representation. The Executive Cabinet shall have the duty to recommend to the Governance Board actions which should be taken to remedy a verified concern, and the Governance Board shall take action as it deems appropriate. Affiliates A. FEA shall be affiliated with the National Education Association (NEA), the American Federation of Teachers (AFT) and the Florida AFL-CIO and shall be in compliance with the Policies, Constitutions and Bylaws of each organization. 3

4 Section 5. B. Representatives to the organizations with which FEA is affiliated shall be elected in accordance with the governing documents and policies of the respective organizations. Governance This Constitution and the Bylaws adopted hereunder shall constitute the authority for all legislative and policymaking bodies of FEA. All actions of the Delegate Assembly, the Governance Board, the Executive Cabinet and Executive Officers shall be consistent herewith. ARTICLE II Membership Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Education employees shall comprise the core jurisdiction of FEA. Active Employees Every category of non-administrative employee in public education and education-related public agencies and institutions, from preschool through graduate school and lifetime learning and local union staff members who pay full active member dues in accordance with local governing documents shall be eligible for membership in the active member category as provided in the Bylaws. However, the FEA may permit active membership to persons employed in alternative education institutions or entities, both public and private sector, as approved by the FEA Governance Board. Elected Members An active member who is elected to an office in FEA or one of its local affiliates or who is on an approved leave of absence from his or her employer may retain active member status. Retired Members FEA shall provide a membership category as provided in the Bylaws for its members who have retired, or who are retired members of the FEA/U and/or FTP-NEA. Student Membership Students preparing for careers in education and enrolled in institutions of higher learning shall be eligible for membership in FEA in the student membership category as provided in the Bylaws. Associate Membership FEA shall create an at-large membership category for individuals who cannot become members of a local affiliate but who wish to enroll in FEA. Such membership shall be in a category as provided in the Bylaws. Conditions of Membership All members, by joining FEA, shall be deemed to agree to subscribe to the goals and objectives of FEA and to abide by its Constitution and Bylaws. All members shall be required to pay unified dues as may be imposed by the local affiliate, FEA, and its affiliated national organizations. Membership in FEA and its affiliates shall not be denied to anyone on the basis of race, color, national origin, creed, gender, sexual orientation, age, handicap, marital status or economic status. Any rights, title or 4

5 Section 7. interest, whether legal or equitable, a member has or may have to the property of FEA ends upon termination of his or her membership. Other Membership Categories The Governance Board is granted the power to create other categories of membership. ARTICLE III Delegate Assembly The highest policymaking body of FEA is the Delegate Assembly, whose delegates shall be directly elected by members. Section 1. Section 2. Section 3. Section 4. Section 5. Composition A. Active members of FEA shall elect delegates on a ratio to be established in the Bylaws, with each local affiliate being guaranteed at least one delegate. B. Retired members and student members shall elect delegates to the Delegate Assembly according to the formula developed for each membership category as provided in the Bylaws. Election of Delegates Delegates shall be elected in the manner prescribed in the Bylaws in secret ballot elections to be conducted by FEA s local affiliates and retired and student organizations. Ex-Officio Delegates The executive officers and members of the Governance Board and Executive Cabinet shall be automatic delegates to FEA s Delegate Assembly with full voting privileges unless otherwise provided in the Bylaws. Voting The Delegate Assembly shall conduct all elections and roll call votes by democratic processes that ensure that every member is represented, which will preserve the individual integrity of every delegate's vote, and which will hold delegates accountable to members. A. In elections and roll call votes, the vote count shall be reported and recorded for each local affiliate or cluster of affiliates, but each individual delegate will vote by secret ballot. B. The membership voting strength of each local shall be divided equally among the number of each local affiliate's delegates present at the Delegate Assembly to create a weighted vote, as prescribed in the Bylaws. Committees or Program and Policy Councils All appointed bodies created by the Delegate Assembly of FEA, except the Review Board, shall be designated by the term "Committee" or Program and Policy Council. All committees, program and policy councils and the Review Board shall be established or discontinued as provided in the Constitution or Bylaws. 5

6 Section 6. Section 7. Meetings The Delegate Assembly shall meet annually. A special meeting of the Delegate Assembly may be called by a three-fourths vote of the Governance Board or by a majority vote of the governing bodies of at least one-half of FEA s local affiliates. Duties The Delegate Assembly shall: A. Adopt rules and an agenda governing its meetings and receive committee and program and policy council reports. B. Elect the President, Vice-President and Secretary/Treasurer. C. Establish the goals and policies of FEA. D. Adopt a budget for FEA. E. Establish the membership dues to be paid by members of FEA in respective categories of membership. F. Exercise powers of FEA which are not specifically delegated to the Governance Board or Executive Cabinet or otherwise authorized by this Constitution. G. Amend the Constitution in accordance with the provisions in Article IX. H. Amend the Bylaws in accordance with the provisions in Bylaw VIII. ARTICLE IV Governance Board The Governance Board has responsibility for transacting the business and setting official policy of FEA between meetings of the Delegate Assembly. Section 1. Membership A. Executive Cabinet members; the President of each local affiliate and of the student and retired groups, respectively; at-large directors elected by the Governance Board from statewide nominations; additional Board members elected by a local affiliate based upon the affiliate's membership, as provided in the Bylaws; directors who are elected to ensure ethnic minority and diversity; and any FEA member who is elected as an officer or director of the NEA or AFT shall comprise the Governance Board. B. The President of FEA shall be Chair of the Governance Board and preside over meetings. 6

7 Section 2. Section 3. Section 4. Term of Office Members of the Governance Board who are elected from statewide nominations or who are elected to ensure ethnic minority and diversity shall serve a term following their election as determined in the Bylaws. Meetings The Governance Board shall meet at least on a quarterly basis unless a majority of the Board determines that any quarterly meeting is impracticable or unnecessary in which case such quarterly meeting need not be held. Duties The Governance Board shall have the responsibility for transacting all business and setting official policy of FEA between meetings of the Delegate Assembly. A. The Governance Board shall review and recommend to the Delegate Assembly the budget of FEA in accordance with the Bylaws. B. The Governance Board shall make recommendations to the Delegate Assembly regarding the adoption of policies and programs. C. The Governance Board shall carry out any duties assigned to it by the Delegate Assembly. D. The Governance Board shall take action on matters forwarded to it by the Review Board relating to the removal of an Executive Officer or the censure, suspension or disaffiliation of a local affiliate or censure or expulsion of a member. E. The Governance Board shall grant formal affiliate status to local affiliates and shall take action to disaffiliate local affiliates as provided in the Constitution and Bylaws. F. The Governance Board shall take required action to ensure that appropriate diversity is achieved at all levels of FEA. G. The Governance Board shall resolve disputes within and among affiliates and take action, when necessary, to restore democratic processes or to remedy malfeasance, misfeasance or nonfeasance or financial malpractice within any local affiliate, including the ability to resolve local election disputes in accordance with the FEA Election Guidelines. H. The Governance Board shall act on recommendations forwarded to it by the Executive Cabinet. I. The Governance Board shall set parameters for the negotiation of collective bargaining agreements with staff and be presented such agreements as are negotiated for approval and ratification. J. The Governance Board shall amend the bylaws in accordance with the provisions set forth in Bylaw VIII, section 1. 7

8 Section 5. Section 6. Voting The Governance Board shall vote on a one-person, one-vote principle. Governance Board members shall be entitled to vote the per capita strength of members in good standing to create a weighted vote of the local affiliate from which the Governance Board member has been elected as provided in the Bylaws. Vacancies and Succession A. Vacancies occurring because of death, resignation, incapacity, removal or other disqualification shall be filled according to provisions of the Constitution. B. In the case of a vacancy occurring on the Governance Board, other than a vacancy in the office of President, Vice-President or Secretary/ Treasurer, the local affiliate from which such director was elected shall elect a person to fill the term of the vacant position. C. Vacancies occurring on the Governance Board in the office of President, Vice-President or Secretary/Treasurer shall be filled as provided in Article VI, hereof. Section 7. Recall A member of the Governance Board may be recalled by the constituency which he or she represents through an election initiated by a vote of such Director's constituency in the manner prescribed by the local affiliate from which the Director was elected as approved by the Governance Board of FEA. An at large member of the Governance Board may be recalled by the Governance Board when initiated by a written petition of at least one-third (1/3) of its members. Such recall election will be conducted at the next Governance Board meeting by a two-third (2/3) vote consistent with the manner in which the person was elected. ARTICLE V Executive Cabinet Section 1. Membership The Executive Cabinet shall consist of the President, Vice- President and Secretary/Treasurer and active members elected by the Governance Board from each of the following constituency groups: Pre K-12, two Education Staff Professionals (ESPs), higher education, two minority affairs, a president from a small local, a president from a medium local and a president from a large local, elementary teacher, secondary teacher and any other person elected to ensure ethnic minority and diversity representation and a representative from the retired membership. 8

9 Section 2. Section 3. Section 4. Section 5. Term of Office Members of the Executive Cabinet shall serve for three-year terms. There shall be a limit of three, three-year terms which can be served by a member of the Executive Cabinet. 1 Election Members of the FEA Governance Board shall elect the members of the FEA Executive Cabinet. Any qualified active member of FEA may be nominated for a position to the Executive Cabinet in accordance with the FEA election procedures. Executive Cabinet members shall serve as members of the Governance Board with full voting privileges. Meetings A. The Executive Cabinet shall meet at least on a monthly basis unless the President or a majority of the Executive Cabinet determines that conducting a meeting during any month is either impracticable or unnecessary or cannot be conducted due to financial reasons and then such meeting need not be held. B. The President, other officers or designee, shall be Chair of the Executive Cabinet and preside over meetings. Duties The Executive Cabinet shall have the responsibility and authority to take action and to transact FEA business between meetings of the Delegate Assembly and the Governance Board and to recommend policy changes and to act on an emergency basis. The President shall have the authority to assign additional duties to the Executive Cabinet. A. A summary of action taken by the Executive Cabinet shall be furnished to the Governance Board. B. The Executive Cabinet shall review and recommend to the Governance Board the budget of FEA in accordance with the Bylaws. C. Between Delegate Assemblies and meetings of the Governance Board, the Executive Cabinet shall recommend necessary modifications to the budget to be acted on by the Governance Board on an emergency basis. D. The Executive Cabinet shall recommend to the Governance Board appropriate action to be taken to ensure diversity at all levels of FEA. E. The Executive Cabinet, upon the approval of the President, shall hire a Chief of Staff who shall be the chief administrator of FEA and shall work under and be evaluated by the President. (1) The Chief of Staff shall hire and supervise staff of FEA and shall have the responsibility to provide for representation of FEA in 1. Approved by the Delegate Assembly May 14, 2004 to become effective at the 2006 Delegate Assembly as approved by the 2005 Delegate Assembly. 9

10 collective bargaining with staff. The hiring of management staff shall be subject to the approval of the Executive Cabinet. (2) The Chief of Staff shall administer and coordinate the business of FEA. The Chief of Staff shall work in conjunction with the Secretary/Treasurer on all financial matters and shall keep the Executive Cabinet and Governance Board apprised of activities. (3) The Chief of Staff shall be the custodian of all records of FEA and shall make provision for the retention and safekeeping of same. (4) The Chief of Staff shall periodically prepare a report to the President and Executive Cabinet describing the levels of ethnic minority and diversity representation present on staff, committees, program and policy councils, task forces and other groups which are created within FEA. (5) The Chief of Staff shall be granted a two-year contract of employment with FEA for such terms and conditions recommended by the Governance Board to which the Chief of Staff and the Executive Cabinet agree. Section 6. Section 7. (6) By a majority vote of the Executive Cabinet and the Governance Board, the President shall fill the position of Chief of Staff, or allow the vacancy for a time certain. The time limit may be adjusted by subsequent action. Vacancies and Succession Vacancies occurring due to but not limited to death, resignation, incapacity, removal or other disqualification, other than in the office of President, Vice-President or Secretary/Treasurer, will be filled by an election at the next Governance Board meeting. Such person elected will serve the balance of the term which became vacant. Recall A member of the Executive Cabinet may be recalled by the Governance Board when initiated by a written petition of at least one-third (1/3) of its members. Such recall election will be conducted at the next Governance Board meeting by a two-third (2/3) vote consistent with the manner in which the person was elected. ARTICLE VI Executive Officers Section 1. President, Vice-President and Secretary/Treasurer The three executive officers of FEA shall be the President, Vice-President and Secretary/Treasurer, and shall serve 10

11 FEA on a full-time basis. Such officers shall also serve as state delegates to the NEA Representative Assembly. The FEA President shall also have automatic state delegate status to the AFT Convention. The FEA Vice-President and Secretary/Treasurer shall also have automatic alternate delegate status to the AFT Convention. Such executive officers may not simultaneously be an officer or employee of a local affiliate of FEA. Section 2. Section 3. A. The President, as the Chief Executive Officer, (CEO), shall have primary responsibility for carrying out and overseeing the policies and programs of the organization and shall be the highest ranking officer. The President shall have the authority to appoint standing and ad hoc committees, program and policy councils, task forces and such other groups as the programs of FEA may dictate as provided in the Bylaws. The President shall have the authority to assign additional duties to the Executive Cabinet. The President shall determine that diversity is provided at all levels of FEA and shall report to the Executive Cabinet any concerns related thereto which come to his or her attention and will assist the Executive Cabinet in formulating a recommendation to the Governance Board of actions to be taken which will address any such verified concerns. B. The Vice-President shall be the second highest ranking officer, and shall advise and assist the President and perform functions assigned by the President, governing bodies or the Bylaws of FEA. The Vice-President shall act in place of the President in the event the President is unable to fulfill the functions of office. C. The Secretary/Treasurer shall be the Chief Financial Officer and the third highest ranking officer of FEA. The Secretary/Treasurer s responsibilities shall include collecting, safeguarding, reporting on and dispensing funds and administering FEA s properties and perform functions assigned by the President. Election and Term of Office The three Executive Officers of FEA shall be nominated and elected in accordance with the FEA Election Guidelines at large by the delegates to the Delegate Assembly of FEA for three-year terms. An officer shall serve no more than three, three-year terms. 2 Vacancies and Succession A. Vacancies occurring because of death, resignation, incapacity, removal or other disqualification shall be filled according to provisions in this Constitution. 2. Approved by the Delegate Assembly May 14, 2004 to become effective at the 2006 Delegate Assembly as approved by the 2005 Delegate Assembly. 11

12 Section 4. B. A vacancy in the office of President shall be filled by the Vice-President. If the office of Vice-President is also vacant, the office shall be filled by the Secretary/Treasurer. C. In the event the Secretary/Treasurer fills the office of President, and for any positions which cannot be filled by automatic succession as set forth above, the Executive Cabinet shall elect the successors to the vacant positions from the Governance Board to serve until the next Delegate Assembly pending ratification by the Governance Board. Removal or Censure Executive Officers of FEA may be censured or removed for misfeasance, malfeasance or nonfeasance in office or by taking actions which are inimical to the purposes of FEA as set forth in this Constitution and the Bylaws. A. Disciplinary proceedings against an officer may be initiated by written petition submitted to the Review Board by at least 15% of the FEA members in good standing from at least 10 local affiliates presenting verified signatures from at least 10% of such local affiliates active members. B. The Review Board shall provide the accused officer with a hearing comporting with fundamental due process requirements. At the conclusion of the hearing, the Review Board shall issue findings of fact and make recommendations to the Governance Board regarding penalty. C. The Governance Board shall act on the recommendation of the Review Board and may censure, suspend, expel or remove the officer from office or impose such other penalty that it, in its discretion, determines appropriate. D. An officer who has been disciplined pursuant to this section may file with the Chief Executive Officer a request for review by the Delegate Assembly of the action taken by the Governance Board. The Delegate Assembly shall review such action at its next meeting. E. A special meeting of the Delegate Assembly to review the action of the Governance Board shall be called by the Chief Executive Officer upon a three-fourths vote of the Governance Board or a majority vote of the governing bodies of at least one-half of FEA s local affiliates. ARTICLE VII Local Affiliates Section 1. Standards for Affiliation 12

13 A. All delegates to the Delegate Assembly of FEA must be elected by secret ballot according to a membership formula which guarantees members' representation on the basis of one person, one vote. B. Local affiliates must adopt election procedures which comply with generally recognized standards for democratic elections and applicable laws, including reasonable eligibility requirements for office, an open nominating process and prohibition of the use of union or employer funds in an election campaign. C. A local affiliate must conduct, on an annual basis, an independent audit to be filed with the Executive Cabinet of FEA. D. A local affiliate must not discriminate against members or those seeking membership on the basis of ethnicity, religion, gender, sexual orientation, age, marital status or physical disability. E. A local affiliate shall not accept as an active member an individual employed in a job category which is not included within the employment jurisdictions of FEA without prior approval of the Governance Board of FEA. Section 2. Section 3. F. A local affiliate shall provide due process to a member before imposing censure, suspension or expulsion. G. FEA reserves the power to assist, investigate and resolve disputes within and among affiliates and to establish legal and organizational procedures to restore democratic processes or to remedy misfeasance, malfeasance, nonfeasance or financial malpractice including local election disputes. Dues Each local affiliate shall set its own dues. Each local affiliate shall, as a trustee, collect the dues of FEA and its national affiliates and, where applicable, AFL-CIO per capita assessments, and transmit such dues and assessments to FEA for distribution. Designation of Affiliation The Governance Board of FEA shall recognize a single local affiliate in each local jurisdiction and provide such affiliates with a written designation of such status. Where local affiliates are organized by different job categories, such individual local affiliates may retain their status as separate local affiliates. ARTICLE VIII Review Board Section 1. Composition The Review Board shall be composed of seven active members of FEA, excluding members of the Governance Board and/or Executive 13

14 Section 2. Section 3. Section 4. Cabinet, who shall be appointed by the President with the approval of the Executive Cabinet. Term of Office The term of office for a Review Board member shall be three years. A Review Board member shall not serve more than two consecutive terms. Jurisdiction The Review Board shall have jurisdiction in the following cases: A. The censure, suspension or disaffiliation of a local affiliate. B. The censure or expulsion from membership of a member of FEA. C. The review, upon request of the actions of the Executive Cabinet or Governance Board regarding the consistent application of the Constitution or Bylaws of FEA. D. The conduct of a hearing in the case of removal charges brought against an Executive Officer. Powers The Review Board shall have the following powers: A. To recommend censure, suspension or disaffiliation of a local affiliate. The Review Board shall recommend the appropriate action to the Executive Cabinet which shall act on said recommendation. The charged local affiliate shall have the right to appeal to the Governance Board with just cause and due process rights. B. To recommend the censure or expulsion from membership of a member. The Review Board shall recommend the appropriate action to the Executive Cabinet which shall act on said recommendation. A member may request to appear before the Executive Cabinet or its designee to oppose a recommendation for censure or expulsion. A member may seek review of a decision to censure or expel him or her to the Governance Board. C. To review an action of an Officer, the Executive Cabinet or Governance Board for consistency with the Constitution and Bylaws and to recommend to the appropriate governing body remedial action, if necessary. The request for review may be made by the Executive Cabinet, Governance Board, a local affiliate by official action of its governing body or upon the petition of at least 150 active members. D. To issue a finding of facts to the Governance Board regarding the removal of an Executive Officer and to make a recommendation to the Governance Board of action, if any, to be taken. ARTICLE IX Constitutional Amendment 14

15 Section 1. Section 2. Section 3. Proposed Amendment Amendments to the Constitution of FEA may be proposed as follows: A. By majority vote of the Governance Board or Executive Cabinet. (1) Such amendments shall be submitted to the Committee on Constitution, Bylaws and Rules for review at least 90 days prior to the start of the Delegate Assembly at which action will be taken. (2) The Committee shall review such proposals for consistency with the Constitution, Bylaws and other rules and procedures of FEA and make appropriate recommendations to the Governance Board at its next meeting occurring more than 30 days after the submission of the amendment to the Committee on Constitution, Bylaws and Rules. B. By majority vote of the governing boards of two local affiliates or by a petition signed by the greater of either 150 active members or 1% of the active members of two or more local affiliates. (1) Such amendments shall be submitted to the Committee on Constitution, Bylaws and Rules for review at least 90 days prior to the start of the Delegate Assembly at which action will be taken. (2) The Committee shall review such proposals for consistency with the Constitution, Bylaws and other policies and procedures of FEA and make a recommendation to the Governance Board at its next meeting occurring more than 30 days after the submission of the amendment to the Committee on Constitution, Bylaws and Rules. (3) Such amendments shall be submitted by the Governance Board to the Delegate Assembly at its next meeting. (4) The Governance Board may submit recommendations regarding the disposition of such amendments to the Delegate Assembly. Publication The text of proposed amendments to be considered by the Delegate Assembly shall be printed in an official publication of FEA which is sent to all members at least 30 days prior to the Delegate Assembly. Ratification and Implementation A. The Constitution may be amended by a two-thirds vote of the delegates to the Delegate Assembly. Such vote shall be by secret ballot. B. All adopted amendments shall become effective following the adjournment of the Delegate Assembly, unless otherwise stated. 15

16 ARTICLE X Distribution of Assets Upon Dissolution Upon the liquidation, dissolution or termination of FEA, none of the assets which may remain after the satisfaction of all outstanding claims shall be made available to any individual nor any corporation or other organization except one which qualifies as exempt from Federal Income Tax pursuant to Section 501 of the Internal Revenue Code of 1954, as amended. ARTICLE XI Parliamentary Authority The rules contained in the current edition of Robert s Rules of Order, Newly Revised, shall govern this organization in all cases to which they are applicable and in which they are not inconsistent with the Constitution of FEA or any special rule or order which FEA may adopt. 16

17 B Y L A W S FLORIDA EDUCATION ASSOCIATION (FEA) BYLAW I Location BYLAW II Membership Section FEA, by the authority conferred in Article I, Section 5 of its Constitution, hereby adopts these Bylaws: The main office of FEA shall be located in Tallahassee, Florida. Additional satellite offices may be established within the State of Florida by a two-thirds vote of the Governance Board. (a) Categories There shall be four categories of membership in FEA: active, student, retired and associate. Active Membership Active membership shall be open to any person who is engaged in or who is on a leave of absence from professional public educational employment; who is employed in or who is on a leave of absence from an education staff professional position in a public school district, college or university, or other institution devoted primarily to educational work; or who is serving as an elected officer of FEA, its local affiliates or affiliated national organizations and staff members who pay full active member dues in accordance with local governing documents. Active membership is limited to persons who agree to support the principles and goals of FEA. However, the FEA may permit active membership to persons employed in alternative education institutions or entities, both public and private sector, as approved by the FEA Governance Board. An active member who is elected to an office in FEA or one of its local or national affiliates, or who is on an approved leave of absence from his or her educational employer, shall continue to be considered an active member entitled to the rights and benefits thereof and shall pay dues based upon the member s annual salary which would be paid if the member were not on leave. An active member who is laid off from employment with his or her educational employer may maintain status as an active member by paying membership dues associated therewith. Student Membership Student membership shall be open in a statewide affiliated group to any student who is enrolled in or preparing for a program of study in an accredited institution of higher learning which will qualify the student for a career in education. Any person who has ever been eligible for

18 (c) active membership through professional educational employment shall not be eligible for student membership. Student members shall be eligible to be voting delegates at the Delegate Assembly of FEA. Student members shall have the right to vote, and to hold appointed and elected positions in FEA, as provided in these Bylaws, and may be counted toward representation entitlement for the Governance Board and the Delegate Assembly as provided in the Constitution and these Bylaws. Student membership is limited to persons who agree to support the principles and goals of FEA. Retired Membership Retired membership shall be open in a statewide affiliated group to any retired employee of a public school district, college or university, or other institution devoted primarily to educational work or who has been accepted as a retired member of FEA/U, FTP-NEA, AFT or NEA. Retired members shall be eligible to be voting delegates at the Delegate Assembly of FEA. Retired members shall have the right to vote, and to hold appointed and elected positions in FEA, as provided in these Bylaws, and may be counted toward representation entitlement for the Governance Board and the Delegate Assembly as provided in the Constitution and these Bylaws. Retired membership is limited to persons who agree to support the principles and goals of FEA. (d) (e) Section 2. Section 3. Associate Membership Associate membership shall be open to any person who has an interest in advancing the cause of public education and who supports the principles and goals of FEA but who is not eligible for any other class of membership in FEA. The FEA reserves the right to determine membership eligibility of individuals who do not support the principles and goals of the FEA. Governance Board The Governance Board shall resolve any question regarding the assignment of a membership category to a person seeking to become a member of FEA and has the power to create additional classes of membership and the right to determine membership eligibility. Life Membership Retired life members of FTP-NEA, FEA or FEA/United shall be entitled to hold lifetime membership in FEA. Membership Year (a) FEA s membership year shall be September 1 through August 31. Section 4. (a) Membership in FEA shall be continuous unless terminated for cause in accordance with the Constitution and these Bylaws or the member resigns. Rights and Limitations The right to vote and hold elective or appointed positions within FEA shall be limited to active, student and retired members unless otherwise provided in the Constitution or these Bylaws. 18

19 (c) Section 5. (a) (c) Section 6. (a) (c) An individual who is a member of a negotiating team representing a School Board or a Board of Trustees of an educational institution, or a managerial or administrative employee of an educational district or institution shall not be entitled to active membership status. Any member, other than a life member, who changes his or her professional or occupational position shall be transferred to the category of membership applicable to the new position, and shall not remain in a category of membership for which he or she is no longer eligible. Expulsion A member who fails to adhere to any of the conditions of membership provided in the Constitution and these Bylaws or policies of FEA shall be subject to censure or expulsion upon the recommendation of the Executive Cabinet, or the governing body of a local affiliate. A member who has been recommended for censure or expulsion shall have the right to have the decision to censure or expel reviewed by the Review Board in accordance with due process principles. The Review Board will make a recommendation for appropriate action to the Executive Cabinet. If no appeal is filed, the decision of the Executive Cabinet shall be final. Within ten (10) days following the decision of the Executive Cabinet, a member who is censured or expelled may appeal the decision to the Governance Board by delivery of a written notice of appeal to the President. Action of the Governance Board shall be final. Membership Dues The dues required for membership in FEA shall be established by the Delegate Assembly. A simple majority of delegates voting by stand-up vote shall be required to amend the dues amount stated in these Bylaws. Members of FEA shall also be members of FEA s local affiliate and shall (1) pay the dues and assessments on behalf of the local affiliate, FEA, and be a member of and pay the higher of the dues and assessments of the National Education Association or the American Federation of Teachers, to at least one such national organization as required by the policies of FEA and (2) shall make per capita payments required by the Florida AFL-CIO. The dues for each category of membership will be based upon a member s annualized salary, as follows: 19

20 BYLAW III Delegate Assembly Section 1. Section 2. (a) (1) Active Member Dues Annual dues for active members whose regular annual salary is equal to or greater than the lowest base salary established for instructional employees within any school district within the State of Florida shall be two hundred and eight dollars and seventeen cents ($208.17) for the school year. Such dues amount shall be referred to as full dues. Active members whose annual base salary is more than one-third (1/3) of the lowest base salary established above for instructional employees within any school district within the State of Florida, up to the lowest base salary amount, shall pay one-half (1/2) of the full dues amount. Members whose annual base salary is one-third (1/3) or less of the lowest base salary established above for instructional staff within any school district within the State of Florida shall pay one-quarter (1/4) of the full dues amount. (2) Retired Member Dues Retired members shall pay dues in the amount of eleven dollars ($11.00) per year. (3) Student Member Dues Student members shall pay dues in the amount of ten dollars ($10.00) per year. (4) Associate Member Dues Associate members shall pay dues in an amount equal to one-half (1/2) of the full dues amount established for active members without regard for such member s annual earnings. (5) Elected Member An active member who is elected to an office in FEA or one of its local or national affiliates, or who is elected and is on an approved leave of absence from his or her educational employer, shall pay dues equal to the amount such elected member would have paid if he or she was an active member and not on leave. Time and Purpose FEA will meet on an annual basis after the start of every school year to conduct the business of the organization and to enhance professional development and associational opportunities for its delegates/members. In the event the Delegate Assembly cannot be conducted prior to December of the school year, the Governance Board has the authority to reschedule the Delegate Assembly for that school year. Delegates A delegate to the Delegate Assembly of FEA must be an active, student or retired member in good standing. 20

21 (c) (d) (e) (f) (g) (h) (i) A delegate to the Delegate Assembly of FEA shall be elected to serve a term of office in accordance with the governing documents of each local not to exceed a term of three (3) years which shall commence at the beginning of the next Delegate Assembly following the delegate s election. Delegates to the Delegate Assembly shall be elected in accordance with the following guidelines: (1) Active members will elect delegates on a ratio of one (1) delegate for every fifty (50) members in good standing or major fraction thereof within the local affiliate. Each local affiliate shall be guaranteed at least one (1) delegate to the Delegate Assembly. (2) Retired members and student members will each elect delegates to the Delegate Assembly on a ratio of one (1) delegate for every one hundred twenty (120) members in good standing or major fraction thereof within the statewide categories of retired members and student members, respectively. The retired and student membership statewide groups shall each be guaranteed at least one (1) delegate to the Delegate Assembly. All elections of delegates will be conducted in secret ballot elections to be conducted by the local affiliates of FEA and among the retired and student membership groups. Election of delegates shall occur based upon open nominations within each local affiliate and retired and student organizations. Each local affiliate and the retired and student membership groups shall certify to the Executive Cabinet of FEA the identity of the delegates elected so that FEA will receive the names and addresses of such delegates not less than thirty (30) days prior to the date of the Delegate Assembly to which they have been elected. Executive Officers and members of the Executive Cabinet and Governance Board of FEA shall be automatic delegates to the Delegate Assembly with full voting privileges. Governance Board members, representing a local affiliate, shall be included in the 1-50 ratio for the allocation of delegates to local affiliates. Each local affiliate shall take steps to ensure that the total delegation reflects the diversity population within such local affiliate s membership. The number of delegates to be elected by a local affiliate shall be based upon the actual number of members in good standing reported to and on file with FEA as of January 15th of the calendar year in which the Delegate Assembly is to convene. 21

22 Section 3. (a) Rules and Parliamentary Authority A quorum necessary for conducting the business of the Delegate Assembly shall consist of a majority of those delegates who are registered and issued official credentials at the Delegate Assembly. Voting delegates, FEA Governance Board and Executive Cabinet members and authorized staff may be seated with delegations on the convention floor. All other persons shall be seated apart from such delegations. Section 4. (a) (c) (d) Standing Committees The Delegate Assembly shall have the following standing committees which shall be accountable to the Governance Board, Executive Cabinet and Executive Officers of FEA when the Delegate Assembly is not in session: Constitution, Bylaws and Rules Committee The President of FEA shall charge the Committee with its responsibilities to include: processing proposals for Constitution or Bylaw amendments in the manner provided in the Constitution and these Bylaws; recommending constitutional amendments to the Governance Board; and, rendering, upon request, advisory opinions involving the interpretation of the Constitution or Bylaws. Government Relations/Legislative Committee The President of FEA shall charge the Committee with its responsibilities to include: developing legislative and ballot initiative goals for FEA and recommending the procedures to be followed in the endorsement of candidates for state and local office. The Government Relations/Legislative Committee shall coordinate with committees of continuous existence or political committees established by FEA in furtherance of their political goals. Minority Affairs Committee The President of FEA shall charge the Committee with its responsibilities to include: monitoring minority leadership development, compliance with state and national ethnic diversity goals and ensuring that the diversity required by Article I, Section 3 of the Constitution of FEA is achieved. Goals and Budget Committee The President of FEA shall charge the Committee with its responsibilities to include: meeting with the executive officers and staff of FEA to formulate budget proposals to be furnished to the Executive Cabinet for its review and recommendations. The Executive Cabinet may make additions or changes as appropriate or it may return the proposed budget to the Budget Committee for further consideration. Following approval by the Executive Cabinet of the proposed budgets, they will be recommended to the Governance Board for review. If additional information and/or modifications are required, the Governance Board may return the proposed budget to the Executive Cabinet or to the Goals and Budget Committee with appropriate directions for modifications, or the Governance Board may make 22

23 necessary modifications to the budgets and recommend them to the Delegate Assembly for adoption. The proposed budgets shall include: (1) An administrative budget based on current dues of the FEA, and (2) A budget including any proposed new items along with their rationale, as well as recommended changes in the dues structure necessary to fund those new items. In those years in which new programs are not recommended and no adjustment in dues is needed to maintain current programs and operations, only a budget based on current dues will be submitted. Members of the FEA Goals & Budget Committee will be elected by the FEA Governance Board for three (3) year terms of office. (e) (f) Credentials and Elections Committee The President of FEA shall charge the Committee with its responsibilities to include: supervising the accreditation and registration of delegates to the Delegate Assembly and shall have the authority to review, investigate, mediate, and make recommendations to the Governance Board regarding local elections disputes provided that all local appeals have been exhausted. The Chairperson of the Credentials and Elections Committee shall give a preliminary report at the first meeting of the Delegate Assembly and a final report when registration has been completed. The seating of any delegate may be changed by means of a Motion to Amend such report. Action by a majority vote of the Delegate Assembly, which has jurisdiction over the seating of its delegates, shall be final. A challenge to the seating of any delegate shall be made in writing and delivered to the Chairperson of the Credentials and Elections Committee. The President of FEA shall also charge the Committee with responsibility for the conduct of elections of executive officers and voting on policies and on proposed amendments to the Constitution and Bylaws of FEA. Human and Civil Rights Committee The President of FEA shall charge the Committee with its responsibilities to include: promoting and supporting diversity, tolerance and social justice by coordinating the efforts to ensure effective minority training, expanding minority participation, enhancing minority leadership development, and coordinating human and civil rights activities throughout FEA, providing recognition of persons who contribute substantially to human and civil rights causes, and coordinating efforts to address the concerns of women in education. Further, the committee on human and civil rights shall review efforts made to achieve diversity required by Article I, Section 3 of the Constitution and make appropriate findings and recommendations to the Governance Board or Delegate Assembly for any actions deemed necessary. 23

24 (g) Section 5. Membership Development/Internal Organizing Committee The President of FEA shall charge the Committee with its responsibilities to include: reviewing and recommending guidelines and policies relating to leadership training, organizing activities, negotiations, membership development, retirement, student program, and economic services. Program and Policy Councils The FEA Delegate Assembly shall have the following Program and Policy Councils which shall be accountable to the Governance Board, Executive Cabinet and Executive Officers of FEA when the Delegate Assembly is not in session. Such program and policy councils and the chairpersons shall be appointed by the President of FEA and shall be created to represent the various membership constituencies of the FEA. (a) Education Staff Professional-Program and Policy Council The President of FEA shall appoint to the ESP Program and Policy Council, presidents of small, medium and large ESP locals, including ranking ESP officers in wall to wall locals, along with at-large members. The President of the FEA shall charge the Council with its duties and responsibilities which shall include but not be limited: (1) To recommend to the FEA Executive Cabinet (or Governance Board or Delegate Assembly, as appropriate) policy relating to issues uniquely affecting FEA ESP members, including working conditions and compensation, organizing and membership development, professional training, and communications and such other issues as identified by the PPC; and, (2) To recommend to the FEA Executive Cabinet (or Governance Board or Delegate Assembly, as appropriate) programmatic, budgetary and services proposals designed to develop and promote ESP interests and programs at the local, state and national levels. Instructional Personnel Program and Policy Council The President of FEA shall appoint to the FEA Instructional Personnel Program and Policy Council, presidents of small, medium and large locals, along with at-large members. The President of the FEA shall charge the Council with its duties and responsibilities which shall include but not be limited: (1) To recommend to the FEA Executive Cabinet (or Governance Board or Delegate Assembly, as appropriate) policy relating to issues uniquely affecting FEA instructional personnel members, including working conditions and compensation, organizing and membership development, peer assistance and review, National Board Certification, the review of, and recommendations for, improving the quality of teacher education, career and technical, exceptional student education 24