AGREEMENT OF MERGER
AGREEMENT OF MERGER, dated April 11, 1988, between the Mansfield Education Association, a non-profit Ohio membership association, herein sometimes referred to as “MEA,” and the Mansfield School Support Association, a non-profit Ohio membership association, herein sometimes referred to as “MSSA.”
WHEREAS, MEA is an unincorporated voluntary membership association organized and existing under and by virtue of the laws of the State of Ohio;
WHEREAS, MSSA is an unincorporated voluntary membership association organized and existing under and by virtue of the laws of the State of Ohio;
WHEREAS, the Board of Directors of MEA and the Executive Committee of MSSA, the parties hereto, deem it desirable and in the best interests of the associations and their members that MSSA be merged into MEA;
NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants, and subject to the conditions herein set forth, the constituent associations agree as follows:
1. The constituent associations shall be merged into a single association by MSSA merging into and with MEA, the surviving association, which shall survive the merger. Upon such merger the separate existence of MSSA shall cease and MEA as the surviving association shall, as provided by law, become the owner, without other transfer, of all the rights, privileges, immunities, powers, franchises, collective bargaining rights, State Employment Relations Board bargaining unit certifications/recognitions as the exclusive bargaining agent for the employees previously represented by MSSA and as the exclusive bargaining agent for the employees previously represented by MEA, the MEA labor contract, the MSSA labor contract, and authority of, and the property of the constituent associations, and the surviving association, shall become subject to all the obligations, debts, and liabilities of the constituent associations in the same manner as if the surviving association had itself incurred them.
2. The name of the surviving corporation shall be Mansfield School Employees Association, and the purposes shall be as appears in the constitution and by-laws of the surviving corporation as amended and as hereinafter set forth.
3. The constitution and by-laws of the surviving association, as amended, shall on the effective date of the merger be further amended to read as herein set forth in full:
MANSFIELD SCHOOL EMPLOYEES ASSOCIATION
CONSTITUTION, BY-LAWS, AND STANDING RULES
P R E A M B L E
We, the members of the Mansfield School Employees Association, in order that the Association may serve as an advocate for employees of the Mansfield City Board of Education, advance the cause of education for all individuals, promote professional excellence among employees, promote recognition of the basic importance of the professional employees in the learning process, protect the professional and human rights of employees and advance their interests and welfare, and promote human and civil rights, do hereby adopt this Constitution.
The Association recognizes that a free society is dependent upon the education afforded its citizens. In order to develop and preserve respect for the educational process and for the worth and dignity of man, to provide a climate in which actions develop as a consequence of rational thought, and to ensure intellectual freedom, the Association in the NEA Bill of Rights affirms that educators must be free to contribute fully to an educational environment which secures the freedom to teach and the freedom to learn.
This Constitution and these By-Laws shall become effective April 11, 1988, following their adoption, and shall remain in effect until amended according to regulations herein provided.
ARTICLE I NAME
Section 1: The name of this Association shall be the Mansfield School Employees Association.
Section 2: The Mansfield School Employees Association may affiliate with organizations as recommended by the Board of Directors, provided such affiliation is not in conflict with the Constitution or By-Laws of the National Education Association.
ARTICLE II PURPOSE
Section 1: The purpose of this Association shall be to:
(a) promote the educational objectives of the local school system and of the state and of the nation;
(b) protect the welfare and advance the professional interests of its members;
(c) foster professional attitudes;
(d) establish and maintain helpful, friendly relationships within the membership and school community;
(e) advance the standards of educational employees;
(f) secure the active participation of employees in the solution of school problems;
(g) promote the interests of public education.
Section 2: The Mansfield School Employees Association shall have the power to receive, hold and administer funds and property to carry out the purposes of the Association.
ARTICLE III MEMBERSHIP
Section 1: All personnel employed by the Mansfield City Board of Education (except those classified as administration), shall be eligible for active membership.
Section 2: The Mansfield School Employees Association shall be unified with the National Education Association, the Ohio Education Association, and North Central Ohio Education Association.
Section 3: All members shall abide by the Code of Ethics of the Education Profession.
Section 4: Expulsion of Members
According to procedures adopted by the Association, the Executive Committee may censure, suspend from membership, or expel any member for one or more of the following reasons:
(a) Violation of the Code of Ethics of the Education Profession;
(b) Conviction of a felony;
(c) Actively engaging in, or actively supporting activities directed against the constitutional purposes of the Association to bring about changes in the Association by means other than those that are consistent with the Association’s Constitution.
The Executive Committee may reinstate members previously suspended or expelled.
Section 5: Due Process
The Association guarantees that no member may be censured, suspended, or expelled without a due process hearing, which shall include an appropriate appellate procedure.
ARTICLE IV ORGANIZATIONAL GOVERNANCE
Section 1: Governing Bodies
There shall be (a) a Board of Directors, (b) an Executive Committee.
Section 2: Board of Directors
The Board of Directors shall be composed as set forth in the By-Laws.
Section 3: Authority – Parliamentary Procedure
Robert’s Rules of Order, Newly Revised shall be the authority governing all matters of procedure not otherwise provided in this constitution, by-laws, or standing rules.
Section 4: Executive Committee
(a) The officers of the Association shall be a President, First Vice President, Second Vice President, Third Vice President, Recording Secretary, Corresponding Secretary, and Treasurer.
(b) All district wide elected committee chairpersons and officers shall be members of the Executive Committee.
(c) The Immediate Past President of the Association shall be a member of the Executive Committee.
(d) There shall be Ad Hoc Committees established either by the Executive Committee or by the Board of Directors. However, the chairpersons of such committees shall be non-voting members of the Executive Committee.
(e) School support members and teacher members shall be elected and/or appointed to the Executive Committee at least in proportion to their respective membership in the Association.
Section 5: Duties
The duties of the Board of Directors, Executive Committee, Officers, and Standing Committees shall be as set forth in the By-Laws and Standing Rules.
Section 6: Meetings
There shall be meetings of the (a) Board of Directors, (b) Executive Committee, (c) Association as set forth in the By-Laws.
Section 7: Elections
All nominations for elected officers shall be open by petition from any MSEA member, signed by twenty-five (25) MSEA members representing at least five (5) buildings, to be filed no later than two (2) weeks prior to the election with the chairperson of the Nominations & Elections Committee.
ARTICLE V AMENDMENTS TO THE CONSTITUTION
Section 1: A. Proposals to amend the MSEA Constitution may be made (1) by a majority vote of the Board of Directors; (2) on petition by at least twenty-five (25) active members of the Association; or (3) by action of the Legislative Committee.
B. The proposed amendment(s) shall then be referred to the Legislative Committee to be drafted.
C. The draft of any proposed amendment(s) will be reviewed by the Executive Committee and sent to the Board of Directors for approval, with or without recommendation of the Executive Board.
D. After approval from a majority of the Board of Directors, the proposed amendment shall then be sent to a vote by the general membership. Upon a negative vote by the Board of Directors, the proposed amendment(s) will be referred back to the Legislative Committee with recommended changes. The proposed amendment(s), with changes, will be reconsidered by the Board of Directors before being sent to a vote of the general membership.
Section 2: Upon approval of a majority of the Board of Directors, the text of any proposed amendment(s) to the Constitution shall be published and distributed to all members of the Association thirty (30) days prior to the vote on such amendment(s).
Section 3: All proposed amendments to the MSEA Constitution shall be submitted to a vote of the membership of the Association, and shall be by secret ballot.
Section 4: An amendment to this Constitution shall be considered adopted with two-thirds (2/3) of the ballots cast in the affirmative.
Section 5: Active members of the Association, as defined in the By-Laws, are eligible to vote on the proposed amendment(s).
Section 6: Upon approval by the membership, all amendment(s) to this Constitution are immediately in force and supersede any constitutional provision(s) that may be in conflict with such amendment(s).
Section 7: Amendments to the By-Laws
A. Proposals to amend the MSEA By-Laws may be made (1) by petition from the membership; or (2) by written notification of intent to the President by no less than ten (10) members of the Board of Directors; or (3) by action of the Legislative Committee.
B. The proposed amendment(s) to the By-Laws shall then be referred to the Legislative Committee to be drafted.
C. An amendment to the By-Laws shall be considered adopted when two-thirds (2/3) of the members voting by secret ballot are in the affirmative.
D. Upon declaration of approval by the President following provision in Section 7 (C), all amendment(s) to the By-Laws are immediately in force and supersede any provision(s) that may be in conflict with such amendment(s).
E. The draft of any proposed amendment(s) to the By-Laws will be reviewed by the Executive Committee and sent to the Board of Directors for approval, with or without recommendation of the Executive Board.
F. After approval from a majority of the Board of Directors, the proposed amendment shall then be sent to a vote by the general membership. Upon a negative vote by the Board of Directors, the proposed amendment(s) will be referred back to the Legislative Committee with recommended changes. The proposed amendment(s), with changes, will be reconsidered by the Board of Directors before being sent to a vote of the general membership.
G. Following the approval of a majority of the Board of Directors the text of any proposed amendment(s) to the By-Laws shall be published and distributed to all members of the Association thirty (30) days prior to the vote on such amendment(s).
H. An amendment to the By-Laws shall be considered adopted when two-thirds (2/3) of the members voting by secret ballot are in the affirmative.
I. Upon declaration of approval by the President following provision in Section 7 (H), all amendment(s) to the By-Laws are immediately in force and supersede any provision(s) that may be in conflict with such amendment(s).
ARTICLE VI FISCAL YEAR AND DUES STRUCTURE
Section 1: The fiscal and membership year shall be September 1 to August 31.
Section 2: The annual dues of teacher members shall be 2 mills (.002) of the negotiated base salary plus such additional dues as may be established by the NCOEA, OEA, and NEA.
Section 3: The annual dues of school support members shall be 25 percent of teacher member dues plus such additional dues as may be established by the NCOEA, OEA, and NEA.
Section 4: The annual dues for part-time active members, as defined in the By-Laws, shall be 50 percent of active member dues.
Section 5: Fair share fee payers shall follow guidelines as set and monitored by OEA.
ARTICLE VII DISSOLUTION PROCEDURE
Section 1: A petition for dissolution of the Association may be presented in writing to a meeting of the general membership by any member in good standing and must contain the signature of three-fourths (3/4) of the total membership of the Association.
Section 2: Upon receipt of the petition for dissolution by the total membership, the Association shall act upon the petition at the next general membership meeting.
Section 3: The Association shall be considered dissolved if three-fourths (3/4) of the total membership vote by secret ballot in favor of dissolution.
Section 4: The effective date of dissolution shall be thirty (30) days from the date of the vote, thus allowing for the disposal of assets and liabilities.
Section 5: In the event of dissolution of the Association, all assets of this organization remaining after payment of all obligations shall be distributed to United Way provided that it is an entity recognized as exempt from federal taxation. In the event that United Way is not then recognized as tax exempt, such assets shall then pass to March of Dimes provided that it is recognized as exempt from federal taxation.
BY-LAWS
ARTICLE I MEMBERSHIP
Section 1: Active membership is open to all personnel employed by the Mansfield City Board of Education, except those classified as administration.
Section 2: Part-time active membership is open to all personnel working four (4) hours or less per day.
Part-time active members shall have the same rights as other members.
ARTICLE II ORGANIZATIONAL GOVERNANCE
Section 1: Board of Directors
A. Purpose: The Board of Directors shall be the primary legislative body establishing policies of the Mansfield School Employees Association.
B. Makeup: (1) The Board of Directors shall consist of Association Representatives or their certified alternates, Representatives-at-Large, and Officers. (2) There shall be elected to the Board of Directors representation of ethnic minority at least proportionate to the ethnic minority of membership in the MSEA.
C. Duties: The Board of Directors shall be empowered to conduct business, to make recommendations to the membership, to refer any matter to the entire membership if necessary, to fill vacancies occurring between scheduled elections for officers of the Association, to authorize the spending of money, and to assist the President in carrying forward the work of the Association.
D. Association Representatives
1. Association Representatives shall be elected annually on the following basis: One elected representative from each work site having 1 to 10 active members; and one additional Association Representative for each additional 10 members or any fraction thereof. At least one SSP Association Representative shall be elected at each work site, and one additional SSP Association Representative shall be elected at each middle school and at each high school.
2. Election: The responsibility for obtaining candidates for Association Representatives and alternates shall rest with the Nominations & Elections Committee member(s) from each work site. Elections will be held prior to the May Association Representatives’ meeting. The exact date shall be chosen by the chairperson of the Nominations & Elections Committee. Results shall be returned to the chairperson of the Nominations & Elections Committee.
3. Duties: The Association Representative(s) shall report to the staff of the work site, at least once per Board of Directors meeting, keeping the staff in close contact with the policies, programs, and activities of the Association, and make known to the Board of Directors the opinions and attitudes of the work site members.
4. Attendance: An Association Representative by reason of absence from three (3) Board meetings in a year, without certified alternate representation, shall forfeit his membership on the Board and be so notified by the Recording Secretary. In such cases, the Recording Secretary shall notify the President and a replacement shall be appointed by the President.
E. Representatives-at-Large
1. Makeup: Representatives-at-Large are:
a. Chairpersons of Standing and Ad Hoc Committees;
b. The Immediate Past President who is a member of MSEA;
c. Executive Committee members of NEA, OEA, and/or NCOEA who are MSEA members.
2. Duties: Representatives-at-Large shall be responsible to the opinions and attitudes of the membership at large. The Representatives-at-Large shall be available for any work site or committee discussion, if asked.
Section 2: Executive Committee
A. All members of the Executive Committee as defined in the MSEA Constitution shall have the right to vote.
B. The Executive Committee shall implement motions and resolutions approved by the Board of Directors. It shall establish the tentative agenda for the ensuing Board meetings. It shall make recommendations to the Board of Directors. The Executive Committee shall review programs of the Standing Committees. When a quorum of the Board of Directors cannot convene, the Executive Committee may make such decisions as are necessary to provide for the best interest of the Association. Such actions are subject to ratification by the Board of Directors.
C. The Executive Committee shall conduct training sessions as needed for Association Representatives, alternates, and Representatives-at-Large. At least one (1) training session may be held prior to the first Board meeting each year.
D. Shall be responsible for a regularly issued newsletter.
Section 3: Officers
A. Requirements
1. All officers shall be members of the United Education Profession.
2. All elected officers shall have been members of the UEP for at least one (1) year immediately prior to the term of office.
3. The term of office shall be for two (2) years, beginning July 1, following the election.
4. The Board of Directors and Executive Committee shall recognize in a formal way all outgoing officers.
B. Duties of the President
The President shall:
1. Be custodian and enforcer of the Constitution, By-Laws, and Standing Rules of the Association.
2. Preside over all meetings of the Association, Executive Committee, and Board of Directors.
3. Appoint chairpersons of Standing Committees, Parliamentarian and Sergeant(s)-at-Arms, subject to the approval of the Board of Directors.
4. Be ex-officio member of all committees and be apprised of all meetings and recommendations they plan to make to the Board of Directors.
5. Shall be chief delegate to the District, State, and National Education Association assemblies.
6. Act on behalf of the Association, subject to review of the Board of Directors, when in the judgment of the President it is impractical for either the Executive Committee or the Board of Directors to convene.
7. Apprise the First Vice President of all Association activities to enable the First Vice President to fulfill the official duties as stated in Article II, Section 3, C, 1-3.
8. Upon completion of the elected term be Immediate Past President.
9. Shall serve as the first representative to the North Central Ohio UniServ Council.
10. Attend or appoint a designee to attend all regularly scheduled meetings of the Mansfield City Board of Education.
11. Arrange meetings as needed with the Superintendent of the Mansfield City Schools.
C. Duties of the First Vice President
The First Vice President shall:
1. Preside over all meetings of the Association, Executive Committee, and Board of Directors in the absence of the President.
2. In the case of resignation, impeachment, incapacitation or death of the President, assume the office of the President for the remainder of the term or at such time as the President is able to resume his/her duties. In the event of the assumption of the Presidency, the First Vice President’s grievance duties shall be assumed by the elected chairpersons (SSP & Certified) of the Contract Committee.
3. In the event of the assumption of the Presidency, upon the completion of the term, be Immediate Past President.
4. Shall apprise the President of action and status of all grievances and contract violations for both SSP and Certified staff. Shall process all grievances, both SSP and Certified, and make appropriate recommendations to the Executive Committee concerning MSEA support and possible financial assistance for contract enforcement.
5. Shall serve as second representative to the North Central Ohio UniServ Council.
6. Shall receive a combination of paid membership in the UEP and 17 percent of base salary.
7. Advise and seek opinions concerning contract issues from the Contract Committee.
8. Shall serve as second representative to District and State Association assemblies.
D. Duties of the Second Vice President
The Second Vice President shall:
1. Serve as chairperson of the Membership Committee.
2. Advise the Legislative Committee concerning constitutional revisions.
3. Advise the Nominations & Elections Committee.
4. Preside over all meetings of the Association Executive Committee and Board of Directors in the absence of the President and First Vice President.
5. Advise the Public & Human Relations Committee.
E. Duties of the Third Vice President – shall be filled by an SSP member.
The Third Vice President shall:
1. Assist the Second Vice President in membership.
2. Be responsible for scholarship fund and fund raising.
3. Preside at meetings of the Association Executive Committee and Board of Directors in the absence of the President, First Vice President and Second Vice President.
4. Advise the Public & Human Relations Committee.
F. Duties of the Recording Secretary
The Recording Secretary shall:
1. Keep full and complete records of the Executive Committee meetings, Board of Directors meetings, and Association meetings.
2. Maintain records or books in which the Constitution, By-Laws, Standing Rules, policies, master contract, minutes, and attendance of the current year are properly recorded with any amendments to these documents and have current records on hand at every meeting.
3. In the absence of the President, First and Second Vice Presidents, call the meeting to order until the election of a chairperson pro tem, which shall be the first order of business.
4. Shall send minutes of the monthly Board of Directors’ meetings to the representatives one week after the meeting.
G. Duties of the Correspondence Secretary – shall be filled by an SSP member.
The Corresponding Secretary shall:
1. Serve as SSP chairperson of the EPAC Committee and run annual SSP EPAC drive.
2. Attend to all correspondence of the Association.
3. Shall maintain a file of incoming and outgoing mail.
4. Notify the Board of Directors of monthly meetings and send agendas at least three school days prior to the meetings.
5. Take attendance in the absence of a Sergeant(s)-at-Arms.
6. Send appropriate communications to the family of a deceased MSEA member.
7. Serve as SSP Legislative Chair.
H. Duties of the Treasurer
The Treasurer shall:
1. Be responsible for collecting all dues.
2. Be in charge of all funds of the Association.
3. Deposit funds in the bank designated by the Board of Directors.
4. Disperse funds as authorized by the Board of Directors.
5. Serve as a chairperson of the Budget Committee.
6. Make a financial report at each Board of Directors meeting and an annual report to the membership.
7. Keep on file a record of names and addresses of all members.
8. Act as liaison to the Treasurer of the Mansfield Board of Education.
9. Upon notification, shall send an appropriate remembrance in the event of the death of an MSEA member.
I. Immediate Past President
In the event of the resignation, impeachment, incapacitation, or death of the President, First Vice President, the Second Vice President, and the Third Vice President, the Immediate Past President shall become President for the duration of the term.
J. Officer Reimbursement
1. Officers shall receive reimbursement for expenses in the form of an advance expense allowance and/or paid membership in the UEP.
2. The amount shall be determined and approved by a majority affirmative vote of the Board of Directors.
3. The President shall receive a combination paid membership in the UEP and 20 percent of base salary.
4. The Third Vice President, Recording Secretary, Corresponding Secretary, Nominations & Elections Chairs (SSP & Certified), Internal Relations Chair, Contract Chairs (SSP & Certified), and Legislative Chair shall receive a paid membership in the UEP.
5. The Treasurer shall receive a combination of an advance expense allowance and paid membership in the UEP and 17 percent of base salary.
6. The Second Vice President shall receive a combination of paid membership in the UEP and 17 percent of the base salary.
Section 4: Standing Committees
The term of these committees shall be two (2) years, concurrent with the term of officers. There will be an attempt to have co-chairpersons (Certified and SSP).
A. Budget Committee
Makeup: Treasurer and a committee of four (4) members.
Duties: The Budget Committee shall assist and advise the Treasurer. This Committee shall plan a budget after consultation with officers and committee chairpersons, and recommend means of financing the proposed budget. The proposed budget shall be presented to the Board of Directors for approval at the May Board of Directors meeting.
B. Contract Committee
Makeup: Elected chairpersons (one SSP and one Certified) and members representing every work site, named by the co-chairs and subject to the approval of the President and Board of Directors.
Duties: Co-chairs shall serve as consultants for initiation of grievances and shall be a member of their negotiating team and supervise the general training of the negotiating team appointed by the President. Chairs may offer recommendations to the President for the negotiations team. If co-chairs are called upon to fill the First Vice President’s grievance responsibilities they shall receive 12 percent and 5 percent (Certified and SSP) of base salary, until the First Vice President resumes the responsibility or another First Vice President is appointed.
The Committee shall offer input to the First Vice President on issues concerning the contract. It shall gather information from the general membership through a survey, or other appropriate means. It shall provide an exchange of ideas between the Association membership and the negotiations team. It will assist the President and negotiations team in establishing the Association’s initial proposal to the Board of Education. It shall educate members on their contract and its importance.
C. Legislative Committee
Makeup: Elected chairpersons (Corresponding Secretary and one Certified) and members representing every work site.
Duties: This Committee shall recommend to the Association actions that further the political and legislative aims of the profession. The Committee shall develop support for political candidates favorable to education and work for the passage of legislation favorable to public education and the teaching profession. The Committee shall make recommendations to revise the Constitution. This Committee shall be in charge of the annual EPAC fund drive and distribute and collect forms and monies. All monies collected shall be forwarded to the OEA-EPAC Division.
D. Negotiations Team(s)
Makeup: Appointed chairpersons (one SSP or one Certified). The negotiations team shall be named by the President and subject to approval of Board of Directors. Each team may also have three (3) consultants. The chairpersons shall serve as ex-officio members of the Executive Committee.
Duties: The OEA/NEA Labor Relations Consultant may also serve as part of the team. In addition his duties shall be the following:
The Ohio Education Association represents the Association on all matters concerning the Association before the State Employment Relations Board (SERB).
The OEA/NEA Labor Relations Consultant shall be the Association’s designated representative for the purpose of dealing with SERB.
(or)
The Executive Committee shall name the designated representative as called for under ORC 4117, prior to the opening of negotiations.
The team shall negotiate according to the conditions set forth in the appropriate Agreement between the Mansfield School Employees Association and the Mansfield Board of Education. Members of the bargaining unit either SSP or Certificated may attend a ratification meeting. Members whose contract is not being voted upon may attend as observers only. Any agreements reached between the team and the Board must be ratified by secret ballot of a majority of appropriate SSP or Certificated MSEA members.
Written copies of the tentative agreement summary should be given to the general membership prior to ratification.
A vote on a tentative agreement to the contract or on a fact-finding report shall be made by written ballot.
(a) No absentee or proxy votes will be allowed on contract ratification votes or fact-finding reports.
(b) The first vote on contract ratification or a fact-finding report will be to accept or reject the contract/report as presented.
(c) All ballots used in a vote regarding a contract ratification or fact-finding report, after tabulation, will be sealed and retained by the Association Treasurer for three (3) years or duration of contract.
(d) The President will communicate required details of the ratification vote to the employer’s designated representative.
The designated representative for the Association is authorized to give timely notice of intent to strike to the Board of Education and SERB, upon approval of the membership and in keeping with provisions of ORC 4117.14 (D) (2).
Non-members of the Association are not eligible to vote on a fact-finder’s report or contract ratification. (This is recommended, but not a legal requirement.)
E. Nominations & Elections Committee
Makeup: Two elected chairs (one SSP, one Certified), five certified representatives (two elementary, one middle school, two high school), five SSP representatives (one from each Maintenance, Custodians, Food Services, Paraprofessionals, and Secretaries) appointed by the President and subject to Board of Directors approval.
Duties: This Committee shall secure candidates for all Association’s elections. They shall verify that Article VI of the By-Laws are followed. This Committee shall supervise all elections, secure persons to count ballots, and report results to the President, Executive Committee, and Board of Directors.
F. Public & Human Relations Committee
Makeup: Elected chairperson, advised by Second Vice President and Third Vice President and members representing each work site.
Duties: This Committee shall be responsible for external and internal public relations, including the Chalk and Slate Award, articles for the Association newsletter, and arrangement of staff meals. This Committee will also deal with business and community persons in order to cultivate a positive image of MSEA.
This Committee shall annually identify areas of human need present in the community, present a chosen project(s) to the Board of Directors in October for their adoption, inform the Board how last year’s project finished, and lead the membership toward completing the newly adopted project.
G. Internal Relations Committee
Makeup: Elected chairperson and a committee of five (5) members.
Duties: This Committee shall meet once a month with each building FAC chairs, representatives from all CAC levels, Labor-Management Committee Certified and SSP chairs, CPO and Booster Clubs representatives, and relay all information to the Executive Board.
H. Membership Committee
Makeup: Second Vice President with Third Vice President (SSP), certified as chair, and members representing each work site.
Duties: This Committee shall distribute membership information and distribute and collect membership forms. This Committee shall also collect payments by check and forward to the Association Treasurer.
Section 5: Parliamentarian and Sergeant(s)-at-Arms
A. Parliamentarian
The President may appoint a Parliamentarian, as needed, at any meeting.
B. Sergeant(s)-at-Arms
A Sergeant(s)-at-Arms shall be appointed by the President when necessary. The Sergeant(s)-at-Arms shall be responsible for: (1) taking attendance; (2) keeping order; (3) the seating of voting and non-voting members in the designated areas; and (4) the securing of doors prior to voting if so directed by the President.
ARTICLE III MEETINGS
Section 1: Board of Directors
A. The Board of Directors shall meet the first school day following the first Sunday of each month during the school year at a time and place designated by the President.
B. Special meetings may be called by the President, Executive Committee, or a majority of the Board of Directors upon written notice to all members of the Board of Directors.
Section 2: Executive Committee
A. The Executive Committee shall meet one week prior to each regular Board of Directors meeting to assist the President in preparing the agenda for the Board of Directors.
B. The Executive Committee shall meet during the summer to carry forth the business of the Association.
C. The Executive Committee shall meet during the month of June to inform the newly elected officers of pending Association business, procedures, and to prepare for the transfer of existing records to the appropriate people.
Section 3: Association
A. Special Association meetings may be called by the President or the Board of Directors upon one (1) week’s written notice to all members.
B. Members may petition for an Association meeting. The signatures of fifty (50) active members stating the purpose of the request shall be presented to the President. The President shall call the meeting by one (1) week’s written notice to all members upon receipt of petition(s).
C. Emergency meetings may be called by the President, Executive Committee, or Board of Directors upon an attempt to notify all members.
Section 4: Quorum
A. A quorum for the Board of Directors shall consist of those members present.
B. A quorum for general Association meetings shall be 10 percent of the active members of MSEA.
Section 5: Training Sessions
A. Training sessions for Association Representatives and their certified alternates shall be held as needed.
B. There may be a training session supervised and conducted by the Executive Committee at the first Board of Directors meeting before each school year.
C. Additional training sessions may be conducted by the Executive Committee or the Board of Directors.
ARTICLE IV NOMINATIONS, CAMPAIGNING, AND ELECTIONS
Section 1: Nominations Procedures
A. When notifying membership of elections to be held, the Nominations & Elections Committee shall publish a list of elected positions to be filled with appropriate job descriptions and the date of the election. They will also inform the membership of procedures to be followed in order to secure a position on the ballot.
B. The Nominations & Elections Committee shall secure candidates for elected positions if no resumes are submitted from prospective candidates.
C. Each candidate shall submit a written resume to the Nominations & Elections Committee upon acceptance of the candidacy. Resumes for anyone running for an office in MSEA, may be of any length. Resumes of persons running for any other elected position will be limited to twenty-five (25) words or less.
D. Resumes of each candidate shall be published and distributed to all active members of the MSEA by the Nominations & Elections Committee.
E. Persons eligible to run for an elected position or vote shall be those who are members of MSEA thirty (30) days prior to the beginning of the nominations/elections process.
F. A “challenge” is a formal objection to someone’s right to run for office. It must be raised by a member before the election is actually held.
G. The cost of running for any elected position shall be borne by the candidate.
H. In the event the Nominations & Elections Committee cannot obtain persons to serve as chair(s) of various committees, the Executive Committee may appoint persons to serve in these positions. Such appointments must be approved by the Board of Directors. Such persons will not be voting members of the Executive Committee, but may attend meetings.
Section 2: Campaigning Procedures
A. The Nominations & Elections Committee may provide for a “meet the candidates” session at least one (1) week prior to the election.
B. The Nominations & Elections Committee shall determine the time limits for the candidates’ speeches at the “meet the candidates” session.
C. The source of all campaign literature shall be properly identified.
Section 3: Election Procedures
A. The Nominations & Elections Committee shall assume the responsibility of notifying all members of the MSEA of the slate of candidates of the election one (1) week prior to the election.
B. The names of the candidates shall be placed on the ballot by random order. A space shall be provided for write-in candidates for each elected position.
C. All balloting will be conducted by the Nominations & Elections Committee person at the respective work sites on the Monday of the May AR meeting.
D. All elections shall be conducted by secret ballot.
E. Persons eligible to vote shall be all who are in good standing as members of the Association.
F. Fair share fee payers shall not have the right to vote, hold office, or otherwise have privilege of Association membership.
G. During balloting, the member(s) of the Nominations & Elections Committee shall give no opinion of the issue(s) or candidate(s) in question.
H. Ballots shall be counted at the MSEA office by a committee of four (4) whose names do not appear on the ballot to be chosen by the Nominations & Elections Committee. Ballots shall be counted the same day as the elections.
I. The candidate(s) or a representative may be present during the counting of the ballots.
J. A recount will be held if the difference in the number of votes between candidates for the same office is two percent (2%) or less of the voting members.
K. The Nominations & Elections Committee Chairperson shall notify all candidates of the election results immediately after the votes are counted.
L. The results of the election shall be posted at each work site within five (5) days after the election.
M. The results of the election shall be signed by the chairperson of the Nominations & Elections Committee and certified by the President of the MSEA.
N. The ballots for all elected positions shall be kept by the Nominations & Elections Committee for a minimum of one year.
O. All election procedures shall be in compliance with Landrum & Griffin.
Section 4: A. Any complaints or alleged violations of the MSEA By-Laws regarding elections shall be reported to the Nominations & Elections Committee Chairperson.
B. The Nominations & Elections Committee shall decide upon any action to be taken concerning complaints and alleged violations of the elections procedure subject to the approval of the Board of Directors.
C. 1. Should an irregularity arise which affects the outcome of an election and a protest raised, the irregularity should be brought to the attention of the chairperson of the Nominations & Elections Committee within ten (10) days.
2. After a protest has been filed, a hearing will be held within five (5) days by the Nominations & Elections Committee.
3. Any protests not resolved at the local level may be appealed to the OEA Secretary-Treasurer and the matter will be investigated in accordance with OEA Executive Committee Policy 900.011.
ARTICLE V DELEGATES
Section 1: A. The President of the Association shall be first delegate and chairperson of the delegations to the District, State, and National Education Association Representative Assemblies and the Local UniServ Council.
B. The President of the Association shall be the first delegate to the UniServ Council.
Section 2: A. Other delegates to District, State, and National Education Association Representative Assemblies shall be elected from the membership of the Association by written ballot in an election conducted by the Nominations & Elections Committee in accordance with requirements of the affiliated associations.
B. Delegates to NCOEA and OEA Representative Assembly shall be elected in ratio to Certificated/SSP membership in MSEA.
C. The President shall appoint the remaining UniServ Coordinating Council members from among the elected officers. The selections shall be subject to approval by the Board of Directors.
Section 3: Alternates to the Representative Assemblies named in Section 2 shall be selected by their order on the ballot count.
Section 4: Delegates to Leadership Conferences, seminars and workshops shall be appointed by the President upon the approval of the Board of Directors and priority shall be given to officers, Association Representatives, and Representatives-at-Large.
Section 5: Expenses of delegates shall be provided through the budgeted funds recommended by the Budget Committee.
ARTICLE VI IMPEACHMENT PROCESS FOR ELECTED PERSONS
A. Officers of the Association may be impeached for violation of the Code of Ethics of the Education Association Profession, or misfeasance, malfeasance, or nonfeasance in office.
B. The Board of Directors, upon request of two-thirds (2/3) of its members, shall have the power to initiate and conduct trials. It shall be the responsibility of the Executive Committee to ensure that all members of the Board of Directors are given a minimum of ten days’ notice of impending trial. This notice shall be by registered mail. If the President is being tried, the First Vice President shall call the session and preside. No person shall be impeached from a position without the concurrence of 60 percent of the Board of Directors voting on the bill of impeachment. Voting shall be by a roll call. Judgment shall not extend further than removal from a position and disqualification to hold and enjoy any position of honor, trust or profit in the Association.
C. If, after a due process hearing, a two-thirds (2/3) vote of the Executive Committee shall sustain the charge, the office shall become vacant.
D. The officer may appeal the decision to a special meeting of the general membership.
ARTICLE VII VACANCIES – ELECTED POSITIONS
In the event that an elected person is unable to fulfill the term of his/her position the President shall appoint a replacement. The nominated replacement shall be confirmed both by the Executive Committee and the Board of Directors. Such a person shall receive the same benefits as the person whose term he/she is filling, but shall not be a voting member of the Executive Committee.
STANDING RULES
ALTERNATES
1.01 Alternates shall be elected annually on the following basis: A minimum of one from each work site and a maximum of the same number as certified Association Representatives designated in the By-Laws.
1.02 A certified alternate shall, in the absence of a certified Association Representative of the same work site, have all of the rights and responsibilities of a member of the Board of Directors.
1.03 In the event that an Association Representative is unable to fulfill the duties of the elected term, the certified alternate shall become the new Association Representative.
OFFICERS
2.01 The Treasurer shall be bonded in accordance with OEA policy.
STANDING COMMITTEES AND AD HOC COMMITTEES
3.01 Each chairperson shall provide the President with a current list of persons serving on that committee. This list shall include names, work site, address, and phone number.
3.02 Each chairperson shall prepare a written report of each meeting held. An oral report may be given at the following Board of Directors meeting.
3.03 Each chairperson shall provide a written year-end summary of the committee’s activities no later than April 15 of each year.
3.04 All committee meetings shall be conducted in accordance with provisions of the MSEA Constitution, By-Laws, and Standing Rules.
3.05 Written reports will be provided by committee chairpersons upon request of the President.
MEETINGS
4.01 Meetings of the Board of Directors, Executive Committee, and Association shall be conducted in accordance with provisions of the MSEA Constitution, By-Laws, Standing Rules, and special rules incorporated herewith.
4.02 Only members of the Board of Directors may offer motions for consideration and vote during Board of Directors’ meetings.
4.03 Only members of MSEA may offer motions for consideration, enter debate, and vote during Association meetings.
4.04 Voting other than for elections shall be via voice except when a division is called for by the chair or by at least ten (10) delegates at a Board of Directors meeting, or by at least twenty-five (25) members at an Association meeting.
4.05 Voting for elections and ratification of contract shall be by secret ballot.
4.06 Meetings of the Board of Directors shall be open to members of the Association. Members of the Association who are not members of the Board of Directors shall be seated in the designated area. With the consent of the President or the Board of Directors, a member or guest may address the Board of Directors.
4.07 The number of delegates or certified alternates seated from any work site shall not exceed the total number provided for in the By-Laws. Delegates or certified alternates in excess of the number provided for in the By-Laws shall be governed by the same restrictions as members of the Association. (See Section 4.04, Standing Rules.)
4.08 It shall be the responsibility of each member of the Board of Directors or their certified alternate to sign in.
TRAINING SESSIONS
5.01 The training session(s) shall inform the Association Representatives and their alternates of the following:
A. The Constitution, By-Laws, and Standing Rules of the Association.
B. Parliamentary Procedure
C. Introduction of committee chairpersons and explanation of the committees.
D. Information contained in the Association Representative packet.
E. Methods of contacting the members at the work site to ensure maximum participation and involvement.
AMENDMENTS TO THE BY-LAWS
6.01 Any active member of the MSEA may initiate any amendment to the MSEA Constitution and/or By-Laws by petition.
6.02 This petition shall be typewritten.
6.03 Proposals to amend the MSEA Constitution may be made (1) by a majority vote of the Board of Directors; (2) on petition by at least twenty-five (25) active members of the Association; and (3) action of the Legislative Committee.
6.04 The petition shall be submitted to the President of the MSEA.
PETITION FORM
7.01 The petition shall contain the following information in this order:
A. The heading: Amendment(s) to the Constitution, Amendment(s) to the By-Laws, Amendment(s) to the Constitution and By-Laws shall be placed at the top of the petition.
B. The presently adopted item (noting article and section number[s]) shall appear in its entirety.
C. The proposed change shall be so identified and appear following the presently adopted item.
D. The signature and work site identification of all petitioners shall follow.
7.02 The President shall have the responsibility of publishing the text of the proposed amendment. It shall then be distributed, and all steps as outlined in the Constitution, Article V, followed.
ATTENDANCE TO CONFERENCES, WORKSHOPS, AND SEMINARS
8.01 Attendance to all conferences, workshops, and seminars shall be limited to no more than six (6) persons. Exceptions may be made by a three-fourths (3/4) vote of the Board of Directors.
8.02 Applications to attend conferences, workshops, and seminars shall be forwarded to the MSEA Treasurer on the approved form no later than one (1) week prior to the closing of acceptance by the sponsoring agency.
8.03 Once approval is given for attendance, the applicant assumes full financial responsibility should he/she elect not to attend. Expenses incurred by the Association on behalf of the applicant(s) who do not attend shall be reimbursed by the applicant.
8.04 A typewritten report shall be submitted to the President within two (2) weeks of the termination of the conference. Included in the report shall be the following:
A. Title, date, and location of the conference;
B. A synopsis of meetings, speeches, etc., attended;
C. Suggestions on how this conference was of individual benefit or potential benefit to the individual or Association.
8.05 A synopsis shall be given to the First Vice President for publication.
8.06 A file shall be maintained in the MSEA office of reports on all conferences, workshops, and seminars attended.
SCREENING OF DISTRICT, STATE, AND NATIONAL CANDIDATES FOR ASSOCIATION OFFICE
9.01 The Legislative Committee shall be responsible for screening and/or endorsing candidates for district, state, and national association office.
9.02 The Legislative Committee shall publish results of any screening sessions for endorsement by the Board of Directors.
9.03 Endorsed candidates may receive no more than $25.00 for district, $50.00 for state, and $75.00 for national campaigns. Contributions exceeding recommended amounts may be appropriated by the Board of Directors.
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Amended
July 2001