Constitution and By-Laws

LOCAL ASSOCIATION CONSTITUTION

ARTICLE 1 – NAME

Section I The name of this organization shall be Ironton Education Association.

Section II This Association shall maintain affiliation with the Southeastern (District), the Ohio Education Association and the National Education Association.

ARTICLE II – PURPOSE

Section I The purpose of the Association shall be to:

(1) help set and promote the educational objectives of the local school system and of the state and of the nation;

(2) protect the welfare and advance the professional interests of its members;

(3) foster professional attitudes;

(4) establish and maintain helpful, friendly relationships within membership and school community.

ARTICLE III – MEMBERSHIP

Section I All certificated personnel employed by the Ironton Board of Education (except those classified as administration) shall be eligible for active membership.

Section II Active members shall be members of the Ironton (Local) Education Association, Southeast (District) Education Association, and the Ohio Education Association, and the National Education Association.

Section III All members shall abide by the Code of Ethics of the Education Profession.

ARTICLE IV – OFFICERS

Section I The Officers of the Association shall be the President, Vice-President, Secretary, and the Treasurer

Section II All Officers shall hold office for a two-year term, beginning October 1. Officers are required to have been an active member of the Association for not less than a period of two years.

Section III Whenever the office of President becomes vacant due to death, incapacity, termination, resignation, retirement or recall, the Vice President shall automatically assume the presidency for the remaining part of the term.

A vacancy in the office of Vice President, Secretary or Treasurer shall be filled for the remainder of the term by majority vote of the Executive Committee

ARTICLE V – EXECUTIVE COMMITTEE

Section I The Executive Committee shall be composed of the officers of the Association and faculty representatives.

Section II The Executive Committee shall:

(1) Act as advisors to the officers, assign duties, be responsible for all committees of the Association, and have such policy making authority as provided in this Constitution and Bylaws;

(2) Act as the authoritative voice of the Association on positions affecting the Association during the interim period between regular meetings.

(3) Prepare recommendations for the consideration and action of the Association;

(4) Carry out policies established at general membership meetings;

(5) Report its transactions and those of the general membership to all members.

(6) Direct an independent audit of the Association’s financial records at regular intervals not to exceed two (2) years.

(7) Ensure the Association acts on an annual financial report presented by the Association Treasurer.

Section III There shall be one faculty representative elected for a term of two (2) years in each building for every twenty (20) members or fraction thereof. Each representative has one vote on the Executive Committee.

Section IV It is the policy of this Association and it shall take all legally permissible steps to achieve governance and delegate representation of ethnic minority at least proportionate to the ethnic minority membership in the Association.

Section V Certified member(s) and education support professionals shall be elected to the Executive Committee in proportion to their respective membership in the Association.

Section VI A vacancy on the Executive Committee due to death, incapacity, termination, resignation, retirement or recall, shall be filled for the remainder of the term by majority vote of the Executive Committee of the local.

Section VII No business or financial transaction involving a member of the Executive Committee or agent of the Association, or their spouse, children, or parents, or otherwise as described in this Section, shall conflict with the fiduciary responsibility of such person to the Association. Such relationships with the members of the Executive committee include relationships with any person that would reasonably be expected to affect the person’s judgment with respect to the transaction or conduct in question in a manner adverse to the Association.

ARTICLE VI – ELECTIONS

Section I The President shall appoint a Nominating Committee whose duty it shall be to present a slate of officers for each office. Candidates for office may also be submitted by a petition signed by at least fifteen (15) active members or by nomination from the floor.

Section II No member shall be nominated for office without the knowledge and consent of the individual.

Section III The President shall appoint an Elections Committee whose duty it shall be to conduct elections in accordance with the OEA Elections Manual and to resolve all challenges or protests to an election. No nominee for office shall serve concurrently on the Elections Committee

Section IV Election of officers shall be conducted by secret ballot in each building during one school day designated by the Nominating Committee.

Section V Newly elected officers shall be installed and assume their office at the last meeting of the school year.

Section VI The Elections Committee shall report the results of the election to the total membership within five (5) calendar days following the election.

Section VII All ballots, marked, unmarked and voided, and all other records pertaining to the election of officers of this Association and OEA and NEA delegates and alternates, shall be preserved for one year from the date the election was held and such ballots and other records be made available to OEA officers upon request for inspection and examination.

Explanatory Note:

This procedure is required by Landrum-Griffin.

Section VIII Non-members of the Association, including fee payers, shall not have the
right to vote, hold office, or otherwise have privilege of Association
membership.

ARTICLE VII – IMPEACHMENT OF OFFICERS

Section I Officers of the Association may be impeached for violation of the Code of Ethics of the Education Association Profession, for misfeasance, for malfeasance, for nonfeasance in office.

Section II Impeachment proceedings against an officer may be initiated by written petition submitted to the Board of Directory by at least twenty-five (25) percent of the members.

Section III 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.

Section IV The officer may appeal the decision to a special meeting of the general membership.

ARTICLE VIII – COMMITTEES

Section I The Association shall have such standing committees as are necessary to carry out the responsibilities and program of the Association.

Section II Ad hoc (temporary) committees may be formed as necessary to achieve the Association program.

Section III All committees shall be appointed by the President with the approval of the Executive Committee. If Committee Chairs are members of the Executive Committee, they must be elected to have voting rights.

ARTICLE VIII – DUES

Section I The local Association shall have a dues structure adequate to fund an active program.

ARTICLE IX – AMENDMENTS

Section I Amendments to this Constitution may be made by a two-thirds (2/3) majority of those voting at any regular meeting provided that the amendments have been introduced at the preceding regular meeting and that copies of proposed amendments have been distributed to all members for discussion.

LOCAL ASSOCIATION BYLAWS

ARTICLE I – MEETINGS

Section I The Executive Committee shall meet monthly or at the call of the President.

Section II The general membership meetings shall be held at least once each semester. Additional meetings may be called by the President, a majority vote of the Executive Committee, or a petition to the President signed by at least 10% of the active membership. Such petitions shall state the purpose of the desired meeting and the business of that meeting shall be limited to consideration of the stated purpose.

ARTICLE II – QUORUM

Section I The quorum for the Executive Committee meetings shall be one more than fifty (50%) percent.

Section II The quorum for a general meeting shall be the membership present.

ARTICLE III – DUTIES OF OFFICERS

Section I President

(1) Preside over all Association meetings and prepare their agendas;
(2) Represent the Association on all matters of Association policy;
(3) Serve as ex-official member of all Association committees.

Section II Vice-President

(1) Preside over Association meetings in the absence of the President;
(2) Perform such other duties as delegated by the President.
(3) Serves as a delegate to the OEA and NEA Representative Assembly by virtue of her/his office.

Section III Secretary
(1) Keep accurate minutes of all official meetings of the Association.
Maintain official files of the Association including maintaining electronic copy of Association Constitution and Bylaws.
(2)Perform such other duties as delegated by the President

Section IV Treasurer

(1) Hold the funds of the Association and disburse them upon authorization of the Executive Committee;
(2) Maintain records of receipts and disbursements;
(3) Maintain membership rolls;
(4) Prepare financial reports for meetings of the Executive Committee and an annual financial statement to be distributed to the membership;
(5) Prepare all tax forms required by state and federal government or work with those who assist the Association.
(6) Prepare for an independent audit as authorized by the Executive Committee.
(5) Shall be bonded;
(6) Chair the Budget Committee.

Section V Faculty Representative

(1) Report recommended policies and other actions of the Executive Committee to members in his/her building;
(2) Transmit proposals and recommendations from members in his/her building to the Executive Committee for its consideration;
(3) Assist the membership committee in the collection of dues;
(4) Assist the membership committee in the collection of ballots;
(5) Attend all official meetings of the Association or provide an alternative in his/her absence;
(6) Act as a consultant to the individual member who has a professional problem and when necessary, seek needed assistance from the Association.

ARTICLE IV – COMMITTEES

Section I There shall be the following standing committees:

– Negotiations – preparation and pursuance of membership goals in collective bargaining.
– Elections—charged with the responsibility to protect the integrity of an election or vote and ensure that an election is conducted in accordance with the guidelines set forth in the OEA Election Manual and with local, state, and national constitutions.
– Professional Rights & Responsibilities (PR&R) – maintenance of and membership advocacy in grievance procedure.
– Teacher Education and Professional Standards TEPS) – pre-service, continuing and in-service educational opportunities.
– Human Relations – promotion of understanding, unity, and communication among all groups in the school and school district communities.
– Communications – membership newsletter, press releases, public relations.
– Legislative – candidate endorsement/campaigning; EPAC fund collections; levy/bond campaigning; seek membership involvement in relevant local, state, and national political affairs.
– Budget – prepares a budget giving estimates of income and of necessary expenditures (including a separate estimate for each committee), for the future fiscal year.
– Audit – checks accuracy of accounting procedures.

Explanation of Committee Structure:

Standing committees deal with continuing programs or concerns of the Association and continue in existence permanently. Ad hoc or temporary committees deal with temporary problems or concerns and are disbanded following the completion of their specific tasks. In some Associations, budget and audit committees. The committees listed in Bylaw Article IV are highly desirable for each Association but are suggested rather than mandatory. Each Association should have active committees appointed to fit the needs of the individual Association.

The Bylaws should have language for each committee to give authority and direction, duties, duration of appointment, and removal.

Each committee chairperson should have a written list of responsibilities and be responsible to the Executive Committee.

BYLAW (ARTICLE) X BARGAINING AND CONTRACT RATIFICATION

Section I The Association shall be represented in collective bargaining by an authorized team of Association Representatives appointed by the President and Executive Committee

A. If the President is not an active member of the bargaining team, the President will be an ex-officio member of the Association bargaining team.
B. Members of the bargaining team need not necessarily be from the negotiations committee.
C. Necessary sub-committees may be appointed, as needed, by the committee chairperson.
D. The bargaining team shall have the authority to bargain in good faith; make proposals, counterproposals, and concessions; and make tentative agreement on a contract with representatives of the Board of Education
E. While negotiations are in progress, periodic reports to members may be made by the bargaining team.

Section II In preparation for bargaining, the negotiations committee shall make reports and recommendations to the Executive Committee.

Section III The Ohio Education Association represents the Association on all matters concerning the Association before the State Employment Relations Board.

Section IV The OEA/NEA UniServ Consultant shall be the Association’s designated bargaining representative, unless delegated to a bargaining team committee as designated by the Executive Committee.

Section V Written copies of the tentative agreement summary should be given to the general membership prior to ratification.

Section VI Conduct all ratifications of collective bargaining agreements in accordance with the guidelines for ratification of collective bargaining agreements and fact finder reports as set forth in the OEA Elections Manual.

Section VII A vote on a tentative agreement to the contract shall be made by written ballot
A. No absentee or proxy votes will be allowed on contract ratification votes.
B. The first vote on contract ratification will be to accept or reject the contract as presented.
C. All ballots used in a vote regarding a contract ratification, after tabulation, will be sealed and retained by the Association Treasurer for three (3) years or duration of contract, whichever is greater.
D. The President will communicate required details of the ratification vote to the employer’s designated representative.

Section VIII the designated representative for the Association is authorized to give timely notice
of intent to strike to the Ironton Board of Education, and SERB upon approval of the
membership and in keeping with provisions of ORC 4117.14(D)(2).

Section IX Non-members of the Association are not eligible to vote on a contract ratification.

ARTICLE V – DUES

Section I The dues rate for the succeeding year shall be determined by the April meeting of Executive Committee.

Section II Every member shall also pay the dues required by the districts, state, and national associations with which this local is affiliated.

Section III The Association shall annually enter into a Dues Transmittal Contract with the Ohio Education Association.

ARTICLE VI – FISCAL YEAR AND MEMBERSHIP YEAR

Section I The fiscal and the membership year of the Association shall be September 1 to August 31.

ARTICLE VII – EXPULSION OF MEMBERS

Section I According to procedure adopted by the Association, the Executive Committee may censure, suspend from membership or expel any member for one or more of the following reasons:

(1) Violation of the Code of Ethics of the Education Profession;
(2) Conviction of a felony;
(3) 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.

Section II The Executive Committee may reinstate members previously suspended or expelled.

ARTICLE VIII – DUE PROCESS

Section I 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 IX – AUTHORITY-PARLIAMENTARY PROCEDURE

Section I Robert’s Rules of Order, Newly Revised shall be the authority governing all matters of procedure not otherwise provided in this constitution, bylaws or standing rules.

ARTICLE X – AMENDMENTS

Section I Amendments, alternations, additions, or deletions to these Bylaws shall be made by a majority vote of the total active membership of the Association.

Section II Changes shall be proposed upon the initiative of the Constitution Committee or upon presentation to the Executive Committee of a petition signed by 20% of the current active membership. All proposed changes shall be submitted in writing to all active members at least ten (10) days prior to action.

ARTICLE XI – DISSOLUTION OF ASSOCIATIONS

Section I 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 II 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 III The Association shall be considered dissolved if three-fourths (3/4) of the total membership vote by secret ballot in favor of dissolution.

Section IV 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 V In the event of dissolution of this Association, all assets of this organization remaining after payment of all obligations shall be distributed to Members provided that it is an entity recognized as exempt from Federal taxation. In the event that The Association is not then recognized as tax exempt, such assets shall then pass to O.E.A. provided that it is recognized as exempt from Federal taxation.

ARTICLE XII – ENABLING PROVISION

Section I This Constitution and these Bylaws shall become effective September 1, 2013 following their adoption, and shall remain in effect until amended according to regulations herein provided.