By-Laws Fitchburg Education Association Approved

By-Laws Fitchburg Education Association Approved 4-6-11 ARTICLE I ASSOCIATION NAMES The name of the Association shall be the Fitchburg Education Association, hereinafter referred to as The Association or the F.E.A., which shall be composed of three units: Section 1. Unit A shall be designated the Fitchburg Teachers (per contract language-article 1, Section 1); Section 2. Unit B shall be designated the Fitchburg Educational Support Professionals/Para-Educators (per contract language Article 2, Section 5); Section 3: Unit C shall be designated the Fitchburg Educational Support Professionals/ Custodians Article II - OBJECTIVES We, the members of the Association, in order to fulfill our responsibilities to our profession and to our community, do hereby adopt the following: Section 1. General Objectives A. To maintain and improve the quality of education for all. B. To uphold high professional standards and to advance the socio-economic well-being of the membership. Section 2. Specific Objectives A. To work for the welfare of school children, the advancement of education, and the improvement of instructional opportunities for all. B. To develop and promote the adoption of such ethical practices, personnel policies, and standards of participation as a mark of a professional. C. To unify and strengthen the Association and to secure and maintain the salaries, retirement, professional status, bereavement, sabbatical, military, delegates, maternity, sick leave, and other working conditions necessary to support teachers, education support professionals (ESP) throughout the district. D. To enable Association members to speak with a common voice on matters pertaining to the teaching profession, and those matters pertaining to the education support professionals (ESP) and to present their individual and common interests before the School Committee and other legal authorities. E. To hold property and funds to employ help for the attainment of these purposes. F. To represent the membership and agency fee payers of the Fitchburg Education Association in negotiations with the Fitchburg School Committee as provided under Chapter 150E of the Massachusetts General Laws. ARTICLE III - MEMBERSHIP Section 1. Eligibility Membership in the Association shall be open to all professional educators, Para-educators, education support professionals, and custodial/maintenance workers employed by the schools of Fitchburg excluding members of the administration. Section 2. Active Membership A. An active member is entitled to vote, to hold office, and to receive all services and benefits of the F.E.A. B. Active membership shall become effective upon full payment of dues or by enrollment by authorization of payroll deduction of dues to FEA, MTA, and NEA. C. Active membership shall be continuous until the member leaves the school system, resigns from the Association or fails to make arrangements or pay dues by November 1, of each school year. D. For the purposes of interpretation or application of these by-laws, members assigned to multiple buildings shall be construed as being assigned to the building where they spend the majority of time. E. In order to receive any services, consultations, or legal representation, members on leave must maintain membership in FEA, MTA, and NEA and pay appropriate dues.

Section 3. Affiliations A. Active members of the Association shall also be members of the Massachusetts Teachers Association (MTA) and the National Education Association (NEA). B. No person shall be admitted to or be continued as an active member in the Association who is not a member of the MTA and the NEA. C. The Association shall affiliate with the NEA under its rules and the MTA under its rules. Section 4. Retired Members Any member upon retirement shall become an honorary FEA life member. Honorary life members are not required to pay local dues. Section 5. Honorary Membership Honorary membership may be conferred by a two-thirds vote of the Executive Board or a general meeting of the membership. Section 6. Ethics Adherence to the Code of Ethics of the Education Profession and MTA Procedures for Compliance shall be a condition of continuing membership. Section 7. Revocation of Membership According to procedures adopted by the membership (MTA), the Representative Council of any bargaining unit may suspend or expel any member who has been found in violation of the Code of Ethics of the Education Profession.,Section 8. Sustaining Membership for Members on Unpaid Leave of Absence: Any member on an unpaid leave of absence may continue to sustain membership in the Association by paying 15% of the Local Association Dues, 15% of the MTA Dues and 50% of the NEA dues. ARTICLE IV OFFICERS The officers of the Association shall be the President and/or Co-Presidents, up to Three Vice-President, Recording Secretary, Corresponding Secretary, Associate Treasurer and Treasurer elected from the membership of all bargaining units within the Association. Section 1. Powers and Duties of Officers A. The President and/or Co- Presidents shall: 1. The President may work as a half-time release President- with 50% of the time in his/her appointed position and spending 50% of the time on Association business. 2. In the event that the position is a half-time release president, one half of the member s contracted salary (including benefits) will be paid by the District and one half of the salary will be paid by the Association. Duties will include the following: a. Preside over meetings of the Executive Board, the Representative Council of his/her bargaining unit, and the General Membership; b. Appoint the chairpersons of the standing committees and the special committees, and be an ex-officio member of all standing committees; c. Be the Executive Officer of the Association; d. Represent the Association before the public either personally or through delegates. e. Serve as the Chairperson of the Negotiating Team of his/her unit, or otherwise appoint an Executive Officer f. Represent the F.E.A. as a voting member of the Steering Committee that oversees the implementation of the pilot school(s). g. Perform all other functions attributed to that office. h. The President will determine the number of Vice-Presidents needed for the upcoming year. B. The Vice-President s (up to three, as recommended by the President and approved by the Executive Board) duties shall be to: a. Serve as the Grievance Committee b. Train Building Representatives to be the first source of contact for FEA members in their respective buildings c. Serve as Co-Chairs or Chairpersons of Standing Committees as assigned by the Executive Board. d. Assume all duties of the President in his/her absence; e. Maintain address and email lists of all members in Association f. Perform all duties that the President may deem to be in the best interest of the Association; BY-LAWS 2

In the event that the office of President becomes vacant due to resignation, death, or removal from office, the Executive Board will vote to designate one Vice President to assume the role of President. C. The Recording Secretary shall: a. Keep accurate minutes of all meetings of the Executive Board, the Representative Council, and of the General Membership meetings; b. Be responsible for creating all notes, reminders, and agendas for all meetings; c. Maintain official files; d. Maintain copies of minutes and other Association records submitted by all Units. e. Maintain address and email lists of all members in Association; f. Serve as the contact person for all Sunshine Fund information, responsible for sending cards, etc.; D. The Corresponding Secretary shall: a. Maintain address and email lists of all members in Association; b. Notify all active members of the Association of official business conducted by the Representative Council within five (5) school days of each meeting during the year; c. Pass on information to and from the MTA (as needed); d. Send out notes, reminders, agendas for all meetings (Executive Board, Rep. Council, General meetings, etc.) e. Copy all notices, maintain copier, purchase paper supply; f. Serve as the contact person for all Sunshine Fund information, responsible for sending cards, etc.; g. Be responsible for all thank you note correspondence; h. Assist the President with all other Association correspondence. D. The Treasurer shall: a. Hold the funds of the Association and disperse them in accordance with budget authorization of the Finance Committee; b. Bill the membership for the annual dues, collect dues with the assistance of the Finance Committee through the Representatives in each building, and transmit amounts due to the MTA and the NEA; c. Keep accurate accounts of receipts and disbursements, and report these at each meeting of the Representative Council; d. Submit an annual financial statement for publication to members as directed by the Executive Board; e. Keep the President, the Executive Board, and the Finance Committee informed of the financial condition of the Association; f. Serve as Chairperson of the Finance Committee; g. Be bonded by the Association. h. Prepare and present, with input from the Finance Committee, Executive Board, and/or Representative Councils, a proposed budget for the FEA. i. Have financial records reviewed annually; j. Go to small claims court as needed to recover unpaid dues and agency fees; k. Apply for local support from MTA by compiling spreadsheets of appropriate spending and submitting them to MTA; l. File all necessary tax forms (including 1099 forms for stipend positions). E. The Associate Treasures shall: a. Be responsible for collecting all membership forms (with help provided by Membership committee); b. Keep accurate records of membership and dues deductions; c. Send updates of dues deductions to payroll; d. Co-sign checks with Treasurer (for amounts over $500.00). F. The ESP Chairperson shall: a. Represent all ESP s at meetings of the Executive Board, the Representative Council, of his/her bargaining unit, and the General Membership and report updates on behalf of all ESP s; b. 2) Represent all ESP s before the public, the administration, the school committee, and the MTA and keep record of all correspondence with said parties; c. 3) Serve as the Chairperson of the ESP Negotiating Team, or delegate to another member; d. 4) Work closely with Vice-President/Grievance chair on all ESP grievances; e. Perform all other functions attributed to that office. BY-LAWS 3

G. The Custodial Chairperson/ and or Co -Chairpersons(2) shall: a. Represent all custodians at meetings of the Executive Board, the Representative Council, of his/her bargaining unit, and the General Membership and report updates on behalf of all custodians; b. Represent all custodians before the public, the administration, the school committee, and the MTA and keep record of all correspondence with said parties; c. Serve as the Chairperson of the Custodian Negotiating Team, or delegate to another member; d. Work closely with Vice-President/Grievance chair on all custodial grievances. e.perform all other functions attributed to that office for a two- year term being elected during odd numbered years. H. The Past President will assume duties assigned by the Executive Board such as but not limited to special projects (i.e. license renewals, extended learning time agreements, pilot school agreements, seniority lists). A stipend will be determined by the Executive Board but not to exceed that of a Vice-President. Section 2. Terms and Succession A. The officers shall serve for one year and may be re-elected without an intervening term; B. In the event that the office of President becomes vacant due to resignation, death, or removal from office, the Executive Board will vote to designate one Vice President to assume the role of President. Section 3. Installation New officers shall be installed at the beginning of the regularly scheduled June Representative Council Meeting. Section 4. Compensation of Officers A. Local, State, and National dues of the President, Vice-Presidents, Recording Secretary, Corresponding Secretary, Associate Treasurer, Treasurer, ESP Para Educator Chairperson and Custodial Chairperson shall be paid by the Association. Stipends as recommended by the Finance Committee and approved by the Executive Board will then be sent to Representative Council for final approval. These stipends will be paid to these officers by the Association. B. Members of the Executive Board will receive a stipend equal to double their respective local dues providing they miss no more than three meetings of the Executive Board and three meetings of the Representative Council during the school year. C. Members of the Representative Council will be returned their Annual local dues providing that they have missed no more than three meetings during the course of the school year. D. Each bargaining unit s Representative Council shall determine compensation for its respective negotiation team. Section 5. President s Expense Account The expense account for the President shall be fixed at $500 for Association operations. ARTICLE V - EXECUTIVE BOARD Section 1. Powers and Duties of the Executive Board The Executive Board shall: 1. Within the policies established by the Representative Council, be the Executive Authority of the Association and carry out policies of the Association; 2. Advise and assist the President in the execution of his/her duties; 3. Report its transactions and those of the Representative Council to the general membership, and suggest policies for consideration by them; 4. Represent the Association in negotiating personnel policies with the School Committee. Within policies established by the Representative Council, the Executive Board may make decisions binding the Association in these matters, and may delegate its power to negotiate to another committee or representative; 5. Recommend an annual budget for the operation of the Association to the Rep. Council. It shall have the accounts of the Association audited annually; 6. Establish committees and create policies governing them. 7. Whenever a majority of the Board agrees that an officer is incapacitated or has been grossly negligent in his/her duties as defined in these By-Laws, the Executive Board shall recommend immediately to the Representative Council that the office be declared vacant. If the Representative Council so votes by a 2/3 BY-LAWS 4

majority to uphold the recommendation of the Executive Board, it shall immediately elect a replacement to fill the unexpired term; 8. Assist the President to appoint members of the standing committees and to fill unexpired terms as vacancies occur. It shall review committee plans as necessary and shall decide any jurisdictional argument between committees. It shall confirm the appointment of standing committees. Section 2. Representatives to the Executive Board A. The Executive Board shall consist of: 1) The FEA officers, 2) Six (6) teachers-there shall be two (2) teachers, elected by Unit A from each of the following levels: elementary, middle school, and high school. 3) Three (3) Para-educators- There shall be three (3) Paraprofessionals, including a Unit Chairperson, elected by Unit B, and 4) One (1) custodian-who shall also be the elected Unit Chairperson. B. Executive Board members shall: 1) Serve for two years; 2) In even-numbered years, three teacher and one Para educator (one per level) members shall be elected; 3) In odd-numbered years, the other three teachers and one Para educator (one per level) members shall be elected. C. Members of the Executive Board will receive a stipend equal to double their respective local dues providing they miss no more than three meetings of the Executive Board and three meetings of the Representative Council during the school year. Section 3. Attendance Members of the Executive Board who miss three consecutive meetings without being excused may be required to resign from the position. Section 4. Immediate Past-President The Immediate Past-President of the Association shall serve as a non-voting member of the Executive Board, provided that s/he is still a member of the Association. The length of the term shall be one year. ARTICLE VI - REPRESENTATIVE COUNCILS Section 1. Representative Council A. In each public school in Fitchburg, FEA members who are members in good standing of this Association shall elect for a term of one year, one representative for each ten members or major fraction thereof. B. The term for the Representative shall correspond to the school calendar year. Section 2. The Representatives shall, in addition to legislative duties, oversee the enrollment of members, be responsible for distributing Association communications to the members in their building, and keep their members informed of Association business. They shall further act as liaison between the members in their building and the Executive Board. Section 3. Representatives shall conduct and share building meetings when necessary, and shall be the official spokesperson for members of his/her Unit in Association matters. Section 4. All other Unit A, Unit B, or Unit C personnel shall be considered a faculty group and entitled to one Representative for each ten members or major fraction thereof. No personnel shall be considered a member of more than one faculty. There shall be at least one Representative from each such faculty group. Section 5. Powers and Duties BY-LAWS 5

A. The Representative Council shall consist of Officers, Executive Board and Building Representatives. B. The Representative Council shall be the legislative and policy-forming body of the Association. C. The Representative Council shall meet at least once a month while school is in session. D. The Representative Council shall : 1.Oversee the enrollment of members (Membership) 2.Be responsible for distributing Association communications to the members in their building (Communication) 3.Keep their members informed of Association business. Ten minute building meetings shall be held with-in five school days. (Ten minute building meeting) 4.They shall act as liaison between the members in their building and the Executive Board. 5.Approve the budget as recommended by Executive Board. 6.Approve all expenditures over $100. Act on reports of standing committees. 8.Adopt procedures for implementing the Code of Ethics. 9.Approve and set all policy necessary to carry out Association business. 10.Amend the By-laws as needed. Amend those provisions of the By-Laws specifically pertaining to the business of its bargaining unit and those provisions of the By-Laws affecting the local association as governed by the appropriate articles. 11.Set the dues for its members Section 6. Member Participation Any member of the Association may attend the Representative Council meetings, shall sit apart from the voting body, and shall receive permission to speak from the chair. ARTCILE VII MEETINGS Section 1. Executive Board The Executive Board shall meet at least once each month of the school year. The President or two members of the Executive Board may request additional meetings with a 24-hour notice given to the Members of such meetings. Section 2. Representative Council The Representative Council shall meet at least once each month of the school year at a time and place to be determined by the Executive Board. Five (5) days notice shall be given prior to the meeting. Section 3. Special Meetings Special meetings of the Representative Council shall be held at the call of the Executive Board or upon written request to the Executive Board of five (5) Representatives. Business to come before special meetings must be stated in writing. Copies shall be sent to each member of the Council five (5) days prior to the meeting. Business shall be confined to these items. Section 4. Emergency Meetings The President and or Unit Chairperson may call an emergency meeting. Section 5. Annual Meeting A. The Executive Board shall make all the necessary provisions for calling an open meeting of all members during the month of May of each school year. B. At this meeting: 1. The President shall present an annual report of the state of the Association; 2. The Treasurer shall make public account of the account of the Association finances; 3. The Chairpersons of each Unit shall present an annual report of the state of his/her respective Unit. 4. The Chairpersons of the standing committees shall make reports; 5. Other appointed committee chairpersons shall also submit reports. C. Other matters of importance may be brought before the membership. D. The membership may at this time, elect their officers or hold building based elections. The Executive Board will make the decision to hold elections at the Annual Meeting or opt to hold building based elections. In the case of building based elections, the elections will all be held on the same day before and/or after school in each individual building prior BY-LAWS 6

to the Annual Meeting. Results of these building based elections must be reported to the Nomination and Election Committee chairperson on the day of the election. Results will be announced at the Annual Meeting/ Convention. E. Ten (10) school days notice shall be given to the membership prior to the convention. Section 6. General Membership Meetings The Executive Board may arrange such general membership meetings as it deems necessary. Five (5) days notice shall be given prior to the meeting. Section 7. Quorum A. A majority (this being 51% of those present) of their members shall be a quorum for the Executive Board, the Representative Council, and special or standing committees. B. A quorum for general membership meetings shall be twenty percent (20%) of the members. ARTICLE VIII COMMITTEES Section 1. Organization A. There shall be eleven (11) standing committees: 1. Teacher Welfare 2. Professional Rights and Responsibilities 3. Public Relations 4. Legislation 5. Professional Relations and Social Affairs 6. Finance 7. Minority Affairs 8. Special Education 9. Professional Development 10. New Teachers 11. Health and Building Safety 12. B. Each Committee shall have at least three members selected to represent different Units of the Association and they shall be appointed to serve a one-year term. Each committee may organize, with the approval of the Executive Board, special sub-committees and task forces for the specific activities from the membership. Section 2. Meetings Each standing committee shall meet regularly, according to their needs. Special meetings may be called by the Chairperson. Section 3. Reports Each committee shall choose a secretary who shall record the activities of the committee. The Chairperson shall report to the Representative Council any action items. The Chairperson shall prepare and present at the annual meeting a written report which the Secretary shall file as a part of the records of the Association. Section 4. Titles and Duties of Standing Committees A. The Committee on Teacher Welfare shall explore and prepare action programs as necessary in all areas of teacher welfare with particular responsibilities for: salaries, leaves, fringe benefits, insurance, credit and investment facilities, evaluation procedures, instructional facilities, curriculum process, general working conditions, and other. B. The Committee on Professional Rights and Responsibilities (P.R. & R.) shall explore and prepare action programs for securing satisfactory personnel polices and procedures for the redress of grievances. It shall advise the Council on the implementation of the Code of Ethics. C. The Committee on Public Relations shall seek to develop public understanding for the purpose and programs of the Association. It shall seek to develop the values and importance of public education, and in cooperation with the administration, the educational philosophy and programs of the schools. BY-LAWS 7

D. The Committee on Legislation shall have broad concern for local, state, and national legislation affecting the interest of schools, teachers, and the Association. It shall encourage members to exercise their civic and political rights and keep them informed about new legislation. E. The Committee on Professional Relations and Social Affairs shall organize and conduct membership drives. It shall inform members of policies, programs, services, and accomplishments of the Association. It shall further develop and conduct programs for the orientation of new teachers to the community, the school system, and the Association. It shall organize social activities as may serve the needs of the members, and it shall promote fellowship within the Association. F. The Committee on Finance shall prepare and present a May budget for the following school year. It shall assist the Treasurer in the collection of monies. It shall purchase all property of the Association with Council approval, and shall be the signature in the purchase of any property, the committee will be consulted. The Association Treasurer shall serve as the Chairperson. G. The Minority Affairs Committee (MAC) shall meet to discuss relevant issues for ethnic minorities within the profession and to advise/inform the Executive Board and/or Administration. The Committee shall strive to attract, support, and retain quality educators. H. The Committee on Special Education shall serve as a forum for Special Educators throughout the district. The main focus is to ensure that the district is meeting state requirements for compliance and to ensure the district is creating a continuum of service for students. I. The Committee on Professional Development shall serve as an advisory body to the Administration to create meaningful professional development for members. The Committee is also responsible for sponsoring at least one professional development opportunity per school year (with Executive Board approval). J. The New Teachers Committee shall work to support and retain quality educators in their first five years of teaching in the district. In conjunction with the Committee on Professional Relations and Social Affairs, it shall sponsor socials, trainings, forums, etc. K. The Webmaster of the FEA Website shall be appointed by the President. The Webmaster may attend Executive Board as non-voting member if appointee is not an existing member of the Executive Board. Section 5. Special Committees A. Each year the President may appoint such special committees (such as the Audit Committee) as may be necessary and shall discharge them upon completion of their duties. No Officer of the Association shall serve on the Audit Committee. B. Nomination and Election Committee (Changed in 2010) This committee shall consist of at least one representative from the elementary schools, one from the middle schools, and one from the high school. Members of this committee will be appointed by the President with the advice and consent of the Executive Board. The nomination procedure for candidates seeking offices shall be determined by the Nomination and Election Committee. These rules shall be posted in all schools. The committee shall be responsible for securing candidates for each elected office. The names of the candidates shall be published and posted in all schools one week proceeding [sic.] the date of the election. The Nomination and Election Committee shall be responsible for conducting annual elections, and for meeting requirements of special elections. This committee shall determine the site for voting, and the method for absentee balloting. In the case of building based elections, the elections will all be held on the same day before and/or after school in each individual building. Results of these building based elections must be reported to the Nomination and Election Committee chairperson on the day of the election. Results will be announced at the Annual Meeting/ Convention. All elections shall be conducted by secret ballot. C. Negotiating Committee This committee shall negotiate with the School Committee on hours, wages, and working conditions including the instructional programs for all personnel in each bargaining unit. With the aid of appropriate committees, it shall prepare contract proposals approved by the Representative Council prior to being placed before the School Committee. Upon reaching tentative agreement on all matters under negotiation, the committee shall prepare and submit its report to the Association members at a ratification meeting. 1. Unit Negotiating Teams a. The Fitchburg Education Association shall appoint three Units for the purpose of negotiating contracts with the School Committee. b. Copies of each contract (Units A, B and C, after being signed separately by the President and/or Chairperson of the respective Units (A, B and C), will be on file with the Fitchburg Education Association. Each contract each unit shall be ratified separately at General Membership meetings of the respective Units. BY-LAWS 8

c. The Unit chairpersons shall submit copies of all official written communications to the President of the Fitchburg Education Association. (1) The Unit chairpersons shall submit written copies to his/her respective Representative Council for approval, all requests for the expenditure of funds dealing with negotiations. ARTICLE IX ELECTIONS AND VOTING Section 1. Procedures for the election of Officers and the Executive Board The nomination committee shall present to the Executive Board by the first of May a list of nominees for the offices of the Association. Any member of the Association, upon presenting a petition signed by five (5) fellow members, shall have his/her name included in this list for the office he/she is seeking. The Executive Board shall provide a copy of this list to each member of the Association at least one week prior to the election. No further nominees shall be considered after this list is published. A plurality shall elect a candidate to office. Section 2. Election of Building Representatives At the beginning of each school year, prior to the first regularly scheduled meeting for the Representative Council, a building faculty group shall meet and appoint a chairperson pro tem to conduct a meeting for the purpose of an election. Nominations shall be taken from the floor and the appropriate number shall be elected. The Secretary shall be notified immediately of the results of the election and the name(s) of the new representatives. Section 3. Contract Voting All votes to accept or reject new or amended contracts shall be by secret ballot. Five (5) days notice, exclusive of weekends, shall be given for notice. The voting may take place at a General Membership Meeting or be building based as determined by the Nomination and Election Committee. If the voting is to take place in individual buildings, the voting shall take place on the next school day following a General Membership Meeting called for such purpose. In the case of building based elections, the elections will all be held on the same day before and/or after school in each individual building. Results of these building based elections must be reported to the Nomination and Election Committee chairperson on the day of the election. Results shall be known to the membership by the end of the following school day. All elections shall be conducted by secret ballot. ARTICLE X - DELEGATES Section 1. Delegates to the MTA Annual Meeting Delegates to the Massachusetts Teachers Association Annual Meeting shall be elected/appointed by the Representative Council according the apportionment established by the Massachusetts Teachers Association. Section 2. Delegates to other MTA or NEA Sponsored Functions: Representative Assembly, Leadership Conference, TASC Meetings, etc. Delegates to other Massachusetts Teachers Association or National Education Association sponsored functions shall be appointed by the Council according to the apportionment established by the sponsoring affiliation. ARTICLE XI - ADMITTANCE OF A BARGAINING UNIT TO THE ASSOCIATION Section 1. Any collective bargaining group that currently negotiates a contract with the Fitchburg Public Schools is encouraged to become a part of the Association. Section 2. The bargaining group shall send a letter of intent to join the Association to the President and the Executive Board. The Executive Board shall submit the question of admittance to the Representative Councils of the Association for approval. A majority of each Council is sufficient for approval. Section 3. Upon the final approval by the Executive Board of acceptance of said bargaining unit, a Representative Council shall be formed and rules by which the council is to be run shall be submitted to the Executive Board for filing. BY-LAWS 9

ARTICLE XII - LEGAL FUND Each year, $3.00 of each member s fees will be set aside to be used as a legal fund to protect teachers members rights. This account will have a minimum balance of $5,000 when fully funded. ARTICLE XIII - RULES AND PROCEDURES Section 1. Robert s Rules of Order Newly Revised shall be the authority of the Association on all matters not covered in the Constitution and By-Laws. Section 2. Parliamentarian The President or a Unit s Chairperson shall appoint a Parliamentarian who shall attend all Council and General Membership Meetings of the respective Unit. All rulings made by the Parliamentarian shall be final unless such rulings are appealed in accordance with the provisions set forth in Robert s Rules of Order Newly Revised or unless such rulings are in conflict with these By-Laws or with the Constitution of the Association. Section 3. The membership year shall be from September 1 August 31 and the business year shall also be from September 1 August 31 each year. ARTICLE XIV AMENDMENTS Section 1. The Representative Councils may adopt amendments to these By-Laws by 2/3 majority of those present and voting at the any Council meeting. Amendments shall be introduced, in printed form, no less than two weeks preceding the vote. Section 1A. Provisions of these By-Laws that are specific to a particular unit including dues, compensation, and meetings of the Representative Council may be amended without consensus from other unit councils provided that the Executive Board determines that no other unit should be required to approve such amendments. Section 2. Duration A. Amendments to these By-Laws shall be in full force immediately upon meeting the requirements as set forth in Sections 1 & 1A of this Article. BY-LAWS 10

Appendix I SICK LEAVE BANK (An explanation of Article XXVIII) The Sick Leave Bank Committee is made up of two teachers (appointed and confirmed by the FEA Executive Board) and two appointed School Committee Members. A three-fourths (3/4) vote of this committee is required for access to the Sick Leave Bank All teachers submit one (1) personal sick day to this bank.. Prerequisites A. Must have twenty (20) personal sick days accumulated at the beginning of the school year in which you request access to the bank. B. All personal sick days must be exhausted, but application should be made before exhaustion occurs. C. This bank can only be accessed for members who are, themselves, ill. It cannot be used to care for sick family members. D. Access will NOT be granted to members as part of maternity leave under Massachusetts Maternity Leave law; however, members who qualify as disabled due to pregnancy-related complications before or after delivery should be granted access. E. The Committee will consider any prior usage of this Bank in determining eligibility. How to Apply 1. Write a letter stating your request to the Sick Bank Committee stating reason(s) for application. This MUST include: a. A doctor s certificate i. As to the need for the requested leave, and ii. Anticipated extent of recovery time/date of return. b. The date your personal sick days will be exhausted. i. To find this, contact the Personnel Department at Central Office. 2. Submit your letter and medical documentation to the Chair of the Sick Leave Bank Committee. Initial Granting of Days The initial grant to an eligible employee shall not exceed thirty (30) days. The decisions made by the Committee are final and binding and can not be appealed. The Committee defer its decision to request additional documentation if they find the application to be insufficient. Additional Days If, upon completion of the thirty (30) day granting of sick leave bank access, additional days are needed, another application to the Sick Leave Bank Committee must be made. Returning from Sick Leave The member will accumulate sick days normally (15 days at the start of the school year). BY-LAWS 11