CONSTITUTION AND BY-LAWS Revised 2008 (CHANGES IN BOLD) Sumner County Education Association 425 South Water Avenue, Suite 16 Gallatin, Tennessee 37066 1
CONSTITUTION AND BY-LAWS SUMNER COUNTY EDUCATION ASSOCIATION ARTICLE I NAME The name of this Association shall be the Sumner County Education Association. ARTICLE II PURPOSES Section 2. Section 4. To work for the welfare of school children, the advancement of education, and the improvement of instructional opportunities for all. To develop and promote the adoption of such ethical practices, personnel policies and standards of preparation and participation as mark a profession. 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. To enable members to speak with a common voice on matters pertaining to the teaching profession and to present their individual and common interests before the Board of Education and other legal authorities. ARTICLE III MEMBERSHIP Professional Members a. Professional membership in the Association shall be open to all professional personnel employed in the schools of Sumner County who hold an earned bachelor s or higher degree or hold a regular vocational or technical certificate as appropriate to the job requirements and who agree to abide by the Code of Ethics of the education profession. Professional members of the Association shall also maintain membership in the Tennessee Education and National Education Association. b. Professional membership in the Association shall be Continuing Membership, unless terminated by the member in writing to the 2
Association, leaves the school system, or fails to pay dues while on leave. The last date to terminate membership in writing shall be October 1 of each year. Section 2. Retired Members Professional members who retire may continue as retired members for life without payment of dues. Such members will not have the right to vote, hold office, or represent the Association. Section 4. ESP Educational Support Personnel All classified personnel employed by the Sumner County School System the schools of Sumner County shall be eligible for Active membership, and may enroll as Active Educational Support members with all the rights and responsibilities of Active members upon payment of dues equal to one half the amount for Professional members plus applicable on the NEA level. Staff Members Professional staff employed by TEA to implement Association programs, assist individual members, and to train and/or assist local leaders in the various program areas are eligible for membership as Staff Members. (Voting status or lack thereof, is not indicated as with the other category of members) Section 5. Discipline of Members According to procedures adopted by the Representative Assembly, the Executive Board upon recommendation by the Local Professional Rights and Responsibilities Committee may censure, suspend from membership, or expel any member who shall have violated the Code of Ethics of this Association and may cancel the membership of any member convicted in a court of law of a crime involving moral turpitude. The member concerned must, however, have been given due notice before the action, and must have had an opportunity for a due process hearing before the Executive Board. Any disciplinary action taken by the Executive Board may be appealed to the Representative Assembly (or Association). The Executive Board in concurrence with the vote of the Representative Assembly may reinstate a member who has previously been suspended or expelled from the Association. ARTICLE IV OFFICERS The officers of the Association shall consist of a president, a vice-president who shall be the president-elect, the immediate past president, and the secretary/treasurer. The president, 3
president-elect, secretary, and treasurer shall be elected by secret ballot by the membership at large according to procedures outlined in Article X of the By-laws. ARTICLE V EXECUTIVE BOARD The Executive Board shall be the executive authority of this organization. The Executive Board shall consist of officers, chairpersons of standing committees, the chief negotiator, and area representatives. Every effort will be made to have one from each of the major school areas in the county as listed below. Gallatin Area Gallatin High, R.T. Fisher, Joe Shafer Middle, Rucker-Stewart Middle, Guild Elementary, Howard Elementary, Union Elementary, Vena Stuart Elementary, Station Camp Elementary, Benny Bills Elementary, Adult Education, Central Office White House Area White House High, White House Middle, Millersville Elementary, Madison Creek Elementary, Oakmont Elementary, H. B. Williams Elementary Portland Area Portland High, Portland Middle, Clyde Riggs Elementary, Watt Harrison Elementary Westmoreland Area Westmoreland High, Westmoreland Middle, Westmoreland Elementary, Wiseman Elementary, North Sumner Elementary, Bethpage Elementary Hendersonville High & Middle Schools Hendersonville High, Beech High, E.B. Wilson Night, T.W. Hunter Middle, Ellis Middle, Hawkins Middle, Knox Doss Middle, Merrol Hyde Magnet School, Station Camp High School Hendersonville Elementary Schools - Gene Brown Elementary, Lakeside Park Elementary, Jack Anderson Elementary, Indian Lake Elementary, Walton Ferry Elementary, Beech Elementary, Whitten Elementary, Nannie Berry Elementary Section 2. Whenever a majority of the Executive Board shall agree that an officer has been grossly negligent of duties defined in the By-laws or is incapacitated, they shall recommend to the Representative Assembly 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 4
before the Executive Board. If the Assembly so votes by a two-thirds majority, it shall immediately elect a replacement to fill the unexpired term. Membership of the Executive Board shall reflect a representation of ethnic minority membership of the Association. There shall be a proportional representation of classroom teacher members and administration members. If this representation is not reflected after the minority, and normal election process, additional representation shall be nominated and elected at large to fulfill this requirement. ARTICLE VI REPRESENTATIVE ASSEMBLY Section 2. The legislative and policy-forming body of the Association shall be the Representative Assembly. The Representative Assembly shall consist of the Executive Board, one or more representatives from each school faculty and the central administrative office. The election of representatives shall follow the same provisions for representation of minorities, classroom teachers, and administrators as provided under Article V., Any member of the Association who is not a member of the Representative Assembly may attend its meetings as a nonvoting member, shall sit apart from the voting body, but may receive permission to speak. ARTICLE VII AFFILIATION This organization shall be affiliated with the Tennessee Education Association (TEA) and the National Education Association (NEA) and shall meet the minimum standards for affiliation as set forth in the TEA and NEA governance documents. Section 2. The membership year shall be from September 1 through August 31. However, a person 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 authorized prior to November 1. Teachers who are elected to posts after January 1 of the school year shall be invited and encouraged to become Active members for the sum of fifty percent of the local dues plus appropriate TEA and NEA dues in effect at the time of their appointments. 5
ARTICLE VIII AMENDMENTS The Representative Assembly may adopt amendments to this constitution by a two-thirds majority of those voting at any regular meeting provided that amendments have been introduced at the preceding regular meeting of the Representative Assembly and that copies of proposed amendments have been immediately distributed to members of the Assembly for faculty discussion. 6
BY-LAWS ARTICLE I MEETINGS Executive Board The Executive Board meeting calendar shall be set by the president no later than July 15 for the coming school year. There shall be no fewer than 5 meetings of the Executive Board. The Executive Board shall meet on the second Monday of the month, at the call of the president, or the request of three members of the Board. Section 2. Representative Assembly The Representative Assembly meeting calendar shall be set by the president no later than July 15 for the coming school year. There shall be no fewer than 5 meetings of the Representative Assembly. The Representative Assembly shall meet on the fourth Monday of each month. The Executive Board shall prepare the agenda for each meeting and shall circulate it to all members of the Assembly so the representatives have time to discuss it with their faculty members in advance of the Assembly meetings. Special Meetings Special meetings of the Executive board or Representative Assembly may be held at the call of the President or upon written request to the Executive Board from ten percent of the association representatives. Business to come before special meetings must be stated in the call, which shall be sent in writing to each representative. Section 4. General Membership Meetings The Executive Board may arrange at least two meetings of the members each year for discussion of professional issues and/or transaction of business. Each member present shall be entitled to one vote. ARTICLE II QUORUM A majority of their members shall be a quorum for the Representative Assembly, Executive Board, and committees. A majority for a quorum shall be defined as a minimum of thirty percent present for the Representative Assembly, Executive Board and committees with every effort made to contact absent members for decisions. 7
ARTICLE III QUALIFICATIONS All elected officers shall be encouraged to have tenure and shall belong to local, state, and national professional organizations. All chairpersons of standing committees shall belong to local, state, and national professional organizations. ARTICLE IV POWER OF OFFICERS President The President shall preside over meetings of the Executive Board, appoint chairpersons and members of standing committees, appoint special committees, appoint a negotiation team, appoint appropriate representatives to the Sick Leave Bank Board, and shall be an ex-officio member of all standing committees, and shall be the executive officer of the Association. The President shall represent the Association before 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. He/She shall become president at the expiration of the president s term or when the position becomes vacant, as provided in Article V., Section 2., of the Constitution. 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 Representative Assembly, shall maintain official files, and shall assist the President with Association correspondence. The secretary shall be assisted by the office manager as needed. Section 5 Treasurer The Treasurer shall hold the funds of the Association and disburse them upon authorization by the Executive Board. He/She shall collect dues through the membership committee in each building and transmit amounts due to the Tennessee 8
Education Association and the National Education Association. He/She shall keep accurate accounts of receipts and disbursements, shall report to each meeting, and shall prepare an annual financial statement for publication to members as directed by the Executive Board. He/She shall keep the President and the Executive Board informed of the financial condition of the Association. He/She shall assist the Budget Committee in the initial drafting of the annual budget. The treasurer shall assisted by the office manager as needed. Section 5. Terms and Successions a. The officers shall serve for a two year term. The president shall be a half time or full-time release office as stated in the negotiated contract. b. Filling of Vacancies Should a vacancy occur in the office of President, the President-Elect shall 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 too 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 (9) months, the President-Elect shall serve the remainder of the unexpired term plus the term for which he/she was originally elected. In the event the office of President is vacated and the President-Elect becomes the President, with three or more moths remaining until the next election, the Nominations and Elections Committee shall hold an election within thirty (30) days to fill the office of President-Elect. If for any reason the office of President-Elect is vacated with three or more months remaining until the next election, the Nominations and Elections Committee shall hold an election within thirty (30) days of the notification of the vacancy in the office of President-Elect. In the event a 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. Should the offices of President and President-Elect become vacant at the same time, the Secretary/Treasurer shall become President pro-tem until an election can be held for these offices. If the vacancies for these offices occur more than three (3) months prior to the next regular election, the Nominations and Elections Committee shall conduct a special election for these offices within forty-five (45) days. 9
These persons elected shall take office the day following the elections. The provisions of the first and fourth paragraphs of this section shall apply when these conditions as well as the provisions specifically named above exist. If the office of Secretary or Treasurer becomes vacant and more than three (3) months remain until the next election, the Nominations and Elections Committee shall hold a special election within thirty (30) days for the unexpired term. If less than three (3) months remain until the next election, the Executive Board shall elect by secret ballot the officer to serve the remainder of the unexpired term. ARTICLE V. POWER OF THE EXECUTIVE BOARD The Executive Board shall be responsible for the management of the Association, approve all expenditures, carry out policies established by the Representative Assembly, report its transactions, and those of the Assembly to the members, and suggest policies for consideration by the Assembly. The Executive Board, representing the Association, shall be responsible for orderly, efficient, and uniform enforcement of the negotiated contract for the bargaining unit. Section 2. As needed, the Executive Board shall develop workshops and training conferences for all representatives. In the event an area representative is unable to fulfill his/her responsibilities, the President shall declare the seat unfilled and call for a special election within the specified area of the county to fill out the term. Section 4. In the event a standing committee chairperson is unable to fulfill his/her responsibilities, the President shall declare the seat unfilled and shall recommend a replacement to the executive board for its approval. ARTICLE VI: POWERS OF THE REPRESENTATIVE ASSEMBLY The Representative Assembly shall approve the budget, set the dues for the Association, act on reports of committees, approve resolutions and other policy statements, and adopt procedures for implementing the Code of Ethics of the Education Profession and those to be followed in censuring, suspending, and expelling members for cause or for reinstating members. It may adopt such rules governing employment of staff, the conduct of the Association, and the conduct of meetings as are consistent with this Constitution and By-laws. It shall be final judge of the qualifications and election of 10
officers and Association Representatives. Powers not delegated to the Executive Board, the officers, or other groups in the Association shall be vested in the Representative Assembly. ARTICLE VII ASSOCIATION REPRESENTATIVES In each school in Sumner County faculty members who are in good standing of the Association may elect one Association Representative to the Representative Assembly for each fifteen (15) members or major fraction thereof. There shall be at least one Representative from each building. When more than one such Representative is elected one shall be designated the Senior Association Representative. Each building represented shall elect sufficient number of alternates to serve in place of any elected Association Representative who, for some reason, cannot attend a stated meeting. Elections shall be held in May. New Representatives shall take their seats at the next meeting of the Representative Assembly. Section 2. Association Representatives shall attend the regular meetings of the Representative Assembly. The Association Representatives, with the Senior Association Representative as chairperson, shall call faculty meetings of the Association members to discuss Association business, and oversee the subsequent elections of Association Representatives, the enrollment of the members in local, state, and national associations and two-way Association communication within the building. Section 4. Any building housing only administrative personnel shall be considered a school building for the purpose of the Association and all certificated personnel shall be considered members of the faculty of that building. Section 5. Faculty Representatives shall be members of the United Education Profession. They shall be encouraged to have been a member of this organization for at least one year prior to their election and shall maintain their membership in good standing during term of service. Section 6. Prior to the fourth Monday in May, each building shall elect the number of representatives and alternates to which it is entitled. Nominations for these positions shall be open. Section 7. 11
Every effort shall be made for the total composition of the Representative Assembly shall reflect a proportional representation of ethnic minorities and administration as there are professional members in the Association. The nomination process for the composition of the representative assembly shall be open to all professional members. Section 8. Each member of the Representative Assembly in attendance or his/her alternate shall have one vote. ARTICLE VIII. STANDING COMMITTEES Structure There shall be nine standing committees carrying the specific functions outlined below. They shall have no less than five members selected to represent different groups in the Association. Each committee may, with the approval of the Executive Board, organize sub-committees and task forces for specific activities from the membership of the Association. Section 2. Meetings Each standing committee shall meet regularly according to a calendar developed by the Chairperson and presented to the Executive Board and may hold special meetings at the call of the chairperson. Reports Each committee shall choose a secretary who shall keep a continuing record of activities. Chairpersons shall report as necessary to the Representative Assembly and shall prepare an annual written report summarizing objectives, action programs, gains, and unreached goals, which the Executive Board shall distribute to the members and which shall become a part of the continuing committee record in the Association files. Section 4. Title and Duties. a. Committee on Negotiations shall study and evaluate the present negotiated contract, seek membership input on desired improvements, draft a proposal and prepare appropriate supporting data. The proposal shall be submitted to the Executive Board for appropriate action. The committee shall keep the membership informed about the status of negotiations. The committee shall prepare for a successful ratification of the negotiated agreement. The committee shall take appropriate steps to provide the membership with printed copies of the ratified contract and explain its provisions. The committee shall assist in the implementation and monitoring of the negotiated agreement. The 12
members of the Negotiating Team also serve on the Negotiations Committee. The committee may use such subcommittees as Salary, Fringe Benefits, Working Conditions, etc. to more efficiently organize its work. b. Committee on Professional Rights and Responsibilities shall explore and prepare action programs for securing satisfactory personnel policies and procedures for the implementation of the Code of Ethics. The committee shall advise the Executive Board in situations of censure, suspension, or expulsion of members. It shall develop a program of orientation to the Code of Ethics for all members of the Association. It shall defend teachers, schools, educational methods, and procedures justly, fearlessly, and in the public interest, issue reports of its activities. This committee is empowered to hold hearings, to investigate matters coming under its jurisdiction upon request of a member of the Association. It is further empowered to make recommendations to the Executive Board and to enlist the aid of the Tennessee Education Association. The committee shall be responsible for the grievance processing function and complaint procedure of the negotiated contract. c. Committee on Public Relations 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 public in civic, fraternal, and social organizations, and through all available channels of communications. The committee shall organize and oversee American Education Week, Read Across America, and Teacher Appreciation Day. d. Committee on Instruction and Professional Development shall explore and develop action programs to raise and maintain standards for employment and assignment; to improve opportunities for pre-service, continuing and inservice professional education; and to create a rapport between the Association and neighboring or closely related institutions of higher education. It shall develop and foster local chapters of Future Teachers of America and Student NEA and exercise professional concern in programs involving student teachers or relating to the concept of professional autonomy. It shall oversee the selection of the recipients of the Knox Doss Scholarships. It shall organize and oversee the National Teacher Day observance. e. Committee on Membership shall organize and conduct a continuous program to encourage and enlist membership in the local, state, and national education associations, and inform members of the policies, programs, and accomplishments of each association. The committee shall develop and conduct programs for the orientation of new teachers to the community, the school system, and the Association. 13
f. 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 for all. The committee shall organize such social activities as may serve the needs for members and promote fellowship within the Association. g. Committee on Teacher Welfare shall conduct surveys of the membership as requested by the President. The committee shall investigate the concerns of the membership which are not contractual matters and keep a file of these concerns and their outcome so as to provide supporting data for possible future contract inclusion. The committee shall seek to secure programs with local-regional merchants for discount buying for the membership. The committee shall investigate insurance coverages which might be available for members and monitor coverages and benefit services of coverages and policies which are currently provided or available to members. The committee shall recommend other available and potential benefits to the Executive board, and the membership. h. Committee of Legislative Affairs shall have broad concern for local, state, and national legislation affecting the interest of the Association and for exercise of civic responsibilities by members. The committee shall be diligent to inform members about newly enacted legislation. The committee shall seek to coordinate its activities with those of appropriate PACE activities. The S- PACE chairperson shall chair the committee. The committee shall organize and monitor the following activities: (1) State Legislation to study pending legislation and to promote activities leading to the passage of desirable state legislation for teachers. (2) Federal Legislation to study legislation before the Congress and to develop and/or promote activities leading to the passage of desirable federal legislation for education. (3) Local Legislation to seek to influence local legislation to the advantage of education; to keep aware of all aspects of the local county budget, bonding programs, and referenda; and to establish and maintain liaison status with county commissioners. (4) Citizenship to educate members and the public to the civic responsibilities of teachers; to promote voter registration of all teachers, and to develop programs that will encourage wide exercise of those rights and responsibilities. 14
i. Committee on Minority Affairs shall develop programs and activities which specifically address the concerns and needs of the ethnic minority members. The committee shall promote the involvement of ethnic minority members. The committee shall promote the involvement of ethnic minority members at all levels of the association. The committee shall keep the Executive Board informed concerning the status of ethnic minorities within the school system and make recommendations for association action. It shall organize and oversee the Black History Month observance. Section 5. Relation to Executive Board The Executive Board shall assist the President to appoint members of the standing committees at the regular meetings in June, and shall plan for an organizational committee conference each year. It shall require and assist committees to define their immediate and long-range objectives. It shall review committee plans as necessary and shall decide any jurisdictional argument between committees. Section 6. Relations to State and National Associations The Standing Committees shall seek to understand and relate to the objectives and programs of corresponding units of state and national associations and shall counsel with them. Section 7. Area Representatives Duties The area representative shall establish a communication network for the purpose of disseminating information to schools, and other duties as needed by the president. ARTICLE IX. SPECIAL COMMITTEES AND AD/HOC GROUPS Each year the President shall appoint an Election Committee, a Budget Committee, Constitution and By-laws Review, and such other special committees as may be necessary and shall discharge them upon completion of their duties. These committees shall operate according to the guidelines approved by the Representative Assembly. Each committee may, with the approval of the Executive Board, organize sub-committees and task forces for specific activities. ARTICLE X. ELECTIONS Nominations a. The active members of the Association in each building during the month of March may nominate a candidate for President-Elect, Secretary, Treasurer, and six (6) Area Representatives on the Executive Board. The Senior Faculty Representative shall deliver all nominations in writing to the Committee on Elections. If there are no candidates for Area Representatives, they will be appointed by the President and approved by the Executive Board. 15
b. The Committee on Elections shall report all nominations to the Representative Assembly at the March meeting. Members of the Assembly may nominate other candidates from the floor. c. The Committee on Elections shall publish to the members a brief summary of information on each candidate, if available. Section 2. Balloting During March 16-31, members shall vote for officers by secret ballot, in accordance with the Elections Guidelines approved by the Representative Assembly. The Committee on Elections shall report results to the President who shall cause them to be published. New officers shall be installed at the official May function. The Committee on Elections shall conduct such other elections as those for TEA and NEA Representative Assembly delegates and alternates as set forth in the Elections Guidelines. ARTICLE XI. AUTHORITY Roberts Rules of Order (most recently revised) shall be the parliamentary authority for the Association and all questions not covered by the Constitution and By-Laws and such standing rules as the Representative Assembly may adopt. ARTICLE XII. AMENDMENTS These By-Laws may be amended by majority vote at any regular meeting of the Representative Assembly provided that proposed amendments have been sent to Faculty Representatives two calendar weeks in advance of the meeting. SCEA President Date Signed SCEA President-Elect Date Signed Secretary Date Signed Treasurer Date Signed Effective Date: July 1, 2009 16
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