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ETA Constitution

Revisions ratified 9-13-13

September 13, 2013

The Eureka Teacher Association constitutional revisions were approved by a quorum of the membership on 9-13-13.  Here is the document:

 

CONSTITUTIONAL REVISION
FOR
EUREKA UNIFIED SCHOOL DISTRICT 389 TEACHER ASSOCIATION

APPROVED BY
MEMBERSHIP QUARUM 9-13-13

TABLE OF CONTENTS
ARTICLE I …………………………………………………………………….. NAME
ARTICLE II ……………………………………………………………………. PURPOSE
ARTICLE III …………………………………………………………………… AFFILIATION
ARTICLE IV …………………………………………………………………… MEMBERSHIP
ARTICLE V ……………………………………………………………………. DUES
ARTICLE VI …………………………………………………………………… MEETINGS
ARTICLE VII …………………………………………………………………... OFFICERS & EXECUTIVE
        BOARD QUALIFICATIONS
ARTICLE VIII ………………………………….……………………………… ELECTIONS, TERM OF
        OFFICE
ARTICLE IX …………………………………………………………………… DUTIES OF OFFICERS
ARTICLE X ……………………………………………………………………. DUTIES OF EXECUTIVE
       OFFICERS
ARTICLE XI …………………………………………………………………… COMMISSIONS AND
        COMMITTEE DUTIES
ARTICLE XII …………………………………………………………………… CURRENT OR SPECIAL
         COMMITTEES & DUTIES
ARTICLE XII …………………………………………………………………… FILLING OF VACANCIES
ARTICLE XIV ………………………………………………………………….. QUORUM
ARTICLE XV …………………………………………………………………… AMENDMENTS
ARTICLE XVI …………………………………………………………………... PARLIAMENTARY
         AUTHORITY
ARTICLE XVII ………………………………………………………………….. RATIFICATION
ARTICLE XVIII ………………………………………………………………… STATEMENTS OF POLICY

CONSTITUTION FOR
EUREKA UNIFIED SCHOOL DISTRICT 389 TEACHER ASSOCIATION

Article I – Name
The name of this organization shall be the Eureka Unified School District 389 Teacher Association, (ETA).
Article II – Purpose
The purpose of this association shall be to improve teaching efficiency and to emphasize quality education for children; to encourage active participation of teachers in the solution of school problems; to improve community relations and to interpret the functions, problems, and progress of the schools to the public; to stimulate professional attitudes and genuine spirit of adherence to the Code of Ethics; to coordinate local action with the programs of the unified teaching profession- Kansas NEA (KNEA), Uni-Serve, and National Education Association (NEA); to work for professional and economic security of teachers; to sponsor education, professional, and recreational programs for its members.
Article III- Affiliation
Section 1
The Eureka Unified School District 389 (Eureka USD389) Teacher Association shall be an affiliated branch of the KNEA, 6 Rivers Uni-Serve and NEA.
Section 2
The association shall comply with all affiliation requirements of KNEA and the NEA.
Article IV – Membership
Section 1. Active Members
a. All teachers, substitute teachers, school psychologist, school nurses, librarians, counselors, supervisors, and administrators who are actively engaged in the elementary, secondary, or administrative work within the Eureka USD 389, and who pay the annual dues of the affiliated organizations, will automatically become eligible for membership in the Eureka USD 389 Teacher Association.
b. All paraprofessionals, educational secretaries, custodians and bus drivers employed in the schools of Unified School District 389 may become members of the association upon payment of the annual dues. Only bargaining unit members vote on ratification of a contract.
Section II.  Honorary Members
a. Honorary life memberships shall be granted to teachers and administrators who retire as active Unified members serving in the Eureka USD 389.
b. The honorary member shall not pay dues and does not have the right to vote, to serve as delegate, or to hold elective or appointed office.
Section III.  Censure of Members
The Executive Committee shall have the authority to censure, suspend, or expel members for violations of Article IV, Section 4.  Charged members shall have the right to a due process hearing by the Executive Committee and the right to appeal to the general membership, which shall also afford a due process hearing.
Section IV. Obligations
Members of the association shall have the following obligations:
a. To give active support in the development and implementation of the purposes of the association.
b. To adhere to the “Code of Ethics of the Educational Profession.”
c. To conform to the constitution and Statement of Policy of the association.
d. To pay membership dues promptly.
e. To hold active memberships in KNEA and NEA.
Section V. Privileges
Members shall have the following privileges:
a. To vote on all matters submitted by the membership.
b. To discuss and determine the policies and procedures of the association.
c. To hold elective and appointed offices in the association after meeting the basic qualifications for that
   office.
d. To attend and participate in association meetings.
Section VI. Membership Year
The membership year shall be September 1 to August 31.
Article V - Dues
Section I.
The annual dues for membership for the ensuing year shall be by recommendation of the Executive Committee, and be submitted to the membership at the beginning of the school year in the fall.
Section II.
Assessments may be levied for special purposes with the approval of two-thirds of the members present and voting upon the second reading of the proposal.
Article VI – Meetings
Section I.
Regular meeting of the association shall be held when deemed necessary.  The president and Executive Committee shall set the time and place of the meetings and get the dates on school calendars.
Section II.
The Executive Committee shall hold regular meetings; the date, time, and place to be decided upon by the group.  Special meetings may be held at the call of the president or upon request of a majority of the committee.
Section III.
Special association meetings shall be held at the request of the president or the president shall call a special meeting upon the written request of five or more members.  Advanced notices of special meetings shall be sent via email two days prior to the meeting date or individual notices shall be sent to each association member by the Executive Committee before convening.  The notices of special meetings shall specify the business to be transacted.
Section IV.
The order of business for regular association and regular Executive Committee meetings shall be as follows unless changed by a vote of those present:
1. Opening
2. Reading of the minutes from the last meeting
3. Treasurer’s report
4. Reports of officers and committee chairmen
5. Reports of special committees
6. Special orders
7. Unfinished business and general orders
8. New business
9. Closing
All reports may be published in a bulletin and distributed prior to the meeting.  If so, the presiding officer needs only to ask for corrections, questions, or comments.  If none, the minutes or report should be approved or accepted as published.
Article VII – Officers and Executive Committee Qualifications
Section I – Qualifications for officers are:
a. Membership in the Association, KNEA, Uni-Serve, and NEA
b. Any active member who is engaged in or who is on a leave of absence from professional educational
  work.
Qualifications for delegates and alternates are the same as those for officers.
Section II – Officers and Executive Committee
The officers of this association shall be the president, vice president, secretary, treasurer, and the state delegate and alternate.
Article VIII – Election, Term of Office
Section 1 – Nominating Committee
A nominating committee of three members shall be appointed and approved by the Executive Committee.  This nominating committee shall be charged with the responsibility of securing candidates for pending vacancies, verify that nominees meet the required qualifications, and give consent for their nomination.  The election of officers shall be by secret ballot and shall require a majority of all votes cast.
Sections II –  Elections
Elections shall be held by written ballot or electronic confidential survey unless there be but one nominee for each office; then the vote may be by voice.  A majority of votes cast shall be necessary to elect.
Section III – Delegates
Delegates to the KNEA RA Convention shall be elected at the regular meeting when officers are elected.
Section IV – Ethnic-Minority Representation
The association shall make every effort to encourage the nomination and election of ethnic-minority members to the Executive Committee.  In the event that the Executive Committee has fewer ethnic-minority members that are proportional to the percentage of ethnic-minority members, the Executive Committee shall create additional office(s) and the Nominating Committee shall call for the nominations of the ethnic-minority members.  Association members shall have the right to offer such nominations.  The general membership shall elect the offer(s) by secret ballot or electronic confidential survey.
Section V – Proportional Representation by Educational Position
The Executive Committee shall be composed of the same portions of classroom teachers and administrators as exist within the membership.  In the event that the Executive Committee does not reflect that proportionally, the Committee shall create sufficient new office(s) to achieve proportionality.  All members shall have the right to offer eligible nominations for the new office(s) and the membership shall vote by secret ballot or electronic confidential survey.
Section VI – Terms of Office, Officers
The term of office for the president, vice president, secretary and treasurer shall be for two years, none of who shall serve for more than two consecutive terms in the same office.
Section VII – Term of Office, Effective Date
The terms of officers, KNEA delegates, building representatives, and committee chairman shall officially begin June 1st.  However, upon election to the mentioned positions, the members may proceed prior to June 1st with duties and activities that pertain to the office or position for which they were elected.
SectionVIII -  Building Representative
The building representative shall be appointed by the president.  The building representative shall perform the duties of the position, and particularly to represent the members of that building faculty.  
Section IX – Delegates
The delegate shall be elected to serve two years, with not stipulations as to the number of terms held.  The alternative delegate shall be elected t serve two years, with no stipulation as the number of terms held.
Article IX. Duties of Officers
Section I – President
The president shall have the following powers and duties:
1. To preside at all meeting of the association and the Executive Committee.
2. To serve as the official representative of the association; carrying out the policies of the Executive Committee.
3. To have general supervision of all business and activities of the association.
4. To appoint standing committee chairmen form the membership of the association
5. To be an ex-officio member of all committees except audit and nominating committees.
6. To present all bills to the Executive Committee to countersign all orders drawn on the treasury.
7. To be responsible for filing the annual report of the activities of the association in accordance with the KNEA constitution.
8. To make appointments as authorized.
9. To perform other duties as may be prescribed in the constitution (or by laws) or assigned.
Section II – Vice President
The duties of the vice president shall be as follows:
1. In the event of the absence of or the inability of the president to act, the vice president shall exercise all of the rights, powers, and duties of the president; fill the unexpired term of the president and be eligible for election to the office of president for the following term.
2. The vice president shall assist the president and perform such duties as designated by him/her or the Executive Committee.
3. If a vacancy occurs in the office of president, the vice president shall immediately assume the duties of president.  At that meeting, and after a period of two weeks for open nominations, a secret ballot, or electronic confidential survey shall be conducted to fill any vacancy.
Section III – Immediate Past President
The immediate past president shall serve as an officer of the association with rights of discussion and voting.  They shall serve on the Executive Committee and shall perform other duties as may be assigned by the President.
Section IV – Secretary
The secretary shall keep a correct record of the proceedings of all meetings of the association and of the Executive Committee and make written reports thereon to the membership.  He/she shall, as directed by the president, carry on correspondence pertaining to the affairs of the association.  The secretary, together with the president shall preserve in a permanent file all records and letters of value to the association and its officers, to be transferred to the successor at the close of their term.  The secretary shall keep an up to date likes of all names, addresses, and home email addresses of the membership.
Section V – Treasurer
The treasurer shall have the following duties:
1. To act as the custodian of all monies belonging to the association
2. To deposit all monies of the association.
3. To pay the bills of the association that has been approved in the budget.  All other bills may be paid following presentation of such to the Executive Committee upon approval.
4. Keep an itemized account of all receipts and expenditures.
5. Make a written report of all receipts and expenditures to the membership regularly or as directed by the Executive Committee.
6. Make an annual report, which shall have been audited by a committee appointed by the Executive Committee.
Section VI – Building Representatives
It shall be duties of the building representatives to serve on the Executive Committee, to post notices, conduct elections, contact new personnel about obtaining membership, and to serve as liaison between the Executive Committee and the group the representative is representing.
Section VII – Representatives to Professional Meetings
Representatives to professional meetings shall receive expenses as decided by the Executive Committee in the budget meeting and approved by the membership.  Representatives attending professional meetings shall make reports to the association at a regular meeting.
Section VIII – Delegates
Duties of the KNEA delegates shall represent the association at the Regional and State Delegate Assemblies and shall assist in developing plans to get the opinions of the membership prior to attending the Regional Delegate and State Representative Assemblies.  They shall be responsible for making a report at the regular meetings to the membership following the Regional or State Assembly.
Article X – Duties of the Executive Committee
Section 1
Duties of the Executive Committee are:
1. The Executive Committee shall be responsible for the implementation of the stated purpose of this association and to recommend objectives to the members and committees to work toward the achievement of its purpose.
2. It shall provide for and authorize an official publication for the association.
3. It shall choose the time and places of the regular meetings of the association, and to call special meetings of the association when necessary.
4. It shall have the authority to speak and act for the association between meetings of the entire membership.
5. It shall hold regular Executive Committee meetings to formulate policies for the association and to devise effective means for carrying out recommendations to be acted upon by the membership.
6. It shall fill all vacancies, which arise between elections with the exception of a vacancy of presidency.
7. It shall perform all other duties delegated to it in this constitution.
Section II
The Executive Committee shall have the right to censure, suspend, or expel any member for cause, after due process, notice and hearing, and shall have power to reinstate.
Article XI – Commissions and Committees: Duties
Section I
Each committee shall be directed by a chairman whose duty is to guide the committee, lead in planning the agenda, objectives, and procedures.  Each committee shall be served by a secretary whose duty is shall be to maintain a file of the materials and resources of that committee which would be passed on to the succeeding committee chairman.  This file of materials should be retained for reference for a period of at least three years.
Section II
The nature of the work done by each committee and its recommendations for actions should be presented to the Executive Committee at the direction of the president.
Section III
Each committee shall hold a sufficient number of meetings to conduct the business (project, activity, study) of the committee.  Members shall mutually agree upon the schedule of meetings.  Additional meetings may be held at the call of the chairman or upon the request of a majority of the committee members.
Article XII – Special Committee Duties
Section I
Any other committees deemed necessary or desirable may be set up by the president, if approved by the Executive Committee.
1. The Auditing Committee – An auditing committee, consisting of three members appointed by the president with the approval of the Executive Committee, shall audit financial accounts of the association annually.  They shall make written report to the association membership at the last meeting of the year or by means of email.
2. Negotiations Committee – This committee shall work toward the adoption or revision of existing written policies and take leadership in movements contributing to the advancement of the teaching profession and the welfare of the teachers as individuals in areas of tenure, retirement, teaching load, conditions of work, sick leave, insurance, and so forth.  This committee shall also clarify the basic principles of salary scheduling; to study and evaluate the present salary schedule and policies; to assemble facts concerning cost and financial resources for salary recommendations to develop and recommend professional and equitable salary schedules for the teaching professions; to present the approved recommendations and supporting data to school authorities.
3. Nominating Committee – The nominating committee, consisting of three members appointed by the president and approved by the Executive Committee, shall prepare a slate of officers for each position; shall verify that nominees meet the required qualifications; shall secure the nominees’ consent for nomination; and shall distribute listings of nominees by positions to the membership at least ten days prior to the time of election.
Article XIII – Filling of Vacancies
Section I
In event of vacancy in any elective office, except in the presidency, the Executive Committee shall make appointment.
Section II
Should a vacancy occur in the presidency, the vice president fills the office.
Article XIV – Quorum
A quorum for all meetings of the association shall consist of a majority of the members and a quorum for a committee meeting shall consist of a majority of the committee members.  A quorum for the Executive Committee shall consist of a majority of the members.
Article XV – Amendments
The constitution may be amended by a two-thirds vote of the members provided the proposed amendment has been published for review at least ten days prior to the vote.
Article XVI – Parliamentary Authority
Robert’s Rules of Order Revised or Demeter’s Manual of Parliamentary Law and Procedure shall be the guidelines on all questions of procedure not specifically stated in this constitution.
Article XVII – Ratification
This constitution shall become effective when ratified by a majority of the members of the association.  Voting will be by ballot or confidential electronic survey.  
Article XVIII – Statement of Policy
Section 1
The Executive Committee shall approve policies for the operation of the association.  They may be proposed by any member of the Executive Committee; by signature of at least one-fourth of the membership; or a committee appointed by the president.
Section II
Policies shall become effective upon approval by the Executive Committee or on the date indicated in the constitution.
Section III
Policies shall conform to the constitution.

 

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