Constitution & By-Laws

SULLIVAN COUNTY EDUCATION ASSOCIATION

CONSTITUTION AND BYLAWS

CONSTITUTION

Article I - Name and Affiliation

Section 1. The name of this association shall be the Sullivan County Education Association

Section 2. This organization shall be affiliated with the Tennessee Education Association (TEA) and with the National Education Association (NEA), and shall meet the minimum standards for affiliation as set forth in the TEA and NEA governance documents.

Article II. - Purpose

Section 1. To work for the welfare of school children, the advancement of education, and the improvement of instructional opportunities for all.

Section 2. To unite and strengthen the teaching profession and to secure and maintain the salaries, retirement, tenure, professional and sick leave, and other working conditions necessary to support teaching as a profession.

Section 3. To develop and promote the adoption of such ethical practices, personnel policies, and standards of preparation and participation as mark a profession.

Section 4. To enable members to speak with a common voice on matters pertaining to the teaching profession and to present their individual and common interests before the Board of Education and other legal authorities.

Section 5. To hold property and funds for the attainment of these purposes.

Article III - Membership

Section 1. Active membership in the association shall be open to all employed in the Sullivan County School System who are eligible for active membership, whether support or professioinal, under the Constitution and ByLaws of the Tennessee Education Association. Active membership is limited to persons who support the purposes and goals of the association and who agree to abide by the Code of Ethics of this association. An active member is entitled to all rights and privilege of membership in this association.

Section 2. Active Members

Section 3. Active Education Support (included in Section 1)

3. Retired Members - Professional members who retire may continue as honorary members for life. They shall not be eligible to vote, hold office, or represent the Association.

Section 4. Discipline of Members - According to procedures adopted by the Representative Assembly, the Executive Board upon recommendation by the local Professional Rights ad Responsibilities Committee may censure, suspend from membership, or expel any other member who shall have violated the code of Ethics of the Association and may cancel the membership of any member convicted in a court learned in the law of a crime involving moral turpitude. The member concerned must, however, have been given due notice to such an action, and must have had an opportunity for a due process hearing before the Executive Board. Any disciplinary action taken by the Executive Board may be appealed to to Representative Assembly. The Executive Board may reinstate a member who has previously been suspended or expelled from the Association.

Article IV - Officers

Section 1. The officers of the Association shall consist of a president, president-elect, the immediate past president, a secretary, and a treasurer. The parliamentarian shall be appointed exofficio officer. The secretary is an appointed officer.

Section 2. Method of Selection - The president-elect and the treasurer shall be elected by secret ballot by the membership at large according to procedures outlined in Article IX of the Bylaws. The secretary shall be appointed by the president for one year. The term shall be concurrent with that of the president. The parliamentarian shall be appointed by the president and approved by the Executive Board, without voting privileges in Executive Board or Representative Assembly meetings. However, he/she shall have the same privileges to vote as any other member in a general membership meeting of the Association.

Section 3. Terms and Succession

Article V - Executive Board

Section 1. The Executive Board shall consist of the elected officers, chairmen of the standing committees, and two representatives-at- large elected under the provisions of Article IX, Section 4.

Section 2. Membership of the Executive Board shall reflect a representation of ethnic minority and administration members at least proportional to the minority membership in the Association. There shall be proportional representation of classroom teacher members and administration members.

Section 3. Whenever a majority of the Executive Board shall agree that an officer has been grossly negligent of the duties defined in the bylaws or is incapacitated, they may recommend to the Representative Assembly of the Association that the office be declared vacant. The officer concerned must have been given due notice of such an action, and must have had an opportunity for a due process hearing before the Executive board. If the assembly so votes by a two-thirds majority, it shall immediately elect a replacement to fill the unexpired term.

Section 4. Under personnel policies adopted by the Representative Assembly and within the annual budget, the Executive Board shall have power to employ a staff for the efficient management of the Association.

Article VI - Representative Assembly

Section 1. The legislative and policy-forming body of the Association shall be the Representative Assembly.

Section 2. The Representative Assembly shall consist of the Executive Board, one representative elected from each school faculty and the central administrative office as determined under the Bylaws - Article VI, Section I. The election of delegates shall follow the same provisions for representation of minorities, classroom teachers, and administrators as provided under Article V, Section 2.

Section 3. Each unit shall elect a unit representative and an alternate. In the event a representative is unable to attend a meeting, the member listed as his alternate shall serve as the unit representative.

Section 4. Any member of the Association who is not a member of the Representative Assembly may attend its meetings and may receive permission to speak.

Article VII - Amendments

The Representative Assembly may adopt amendments to this constitutions by a two-thirds majority of those voting at any regular meeting provided at a quorum is present and that the amendments have been introduced at the preceding regular meeting of the Representative Assembly and that copies of the proposed amendments have been distributed at least three weeks in advance of the vote to members of the Assembly for faculty discussion.

BYLAWS

Article I - Meetings

Section 1. Executive Board: The Executive Board shall meet on the second Thursday of August, September, October, November, January, February, March, April, and May at 4:00 p.m., or at the call of the president, or at the request of half the members of the Board.

Section 2. Representative Assembly: The Representative Assembly shall meet on the 4th Thursday of September, October, November, January, February, March, and May at 4:00 p.m., or at the call of the president. The Executive Board shall prepare the agenda for each meeting and shall circulate it to all members of the Assembly so that representatives have time to discuss it with their faculty members in advance of the Assembly meeting.

Section 3. General Membership meetings: The Executive Board shall arrange at least two meetings of the members each year for discussion of professional issues. Notice of all meetings must be given to the members of the Association at least five (5) days in advance of such meetings.

Section 4. Special Meetings: Special meetings of the Representative Assembly may be held at the call of the president, or by a majority of the members of the Executive Board, or upon written request to the Executive Board from ten per cent (10%) of the association representatives. Business to come before special meetings must be stated in the call, which shall be sent in writing to each representative

Section 5. Any meeting of the Association may go into executive session upon a majority vote of the members present.

Article II - Quorum

A majority of their members shall be a quorum for the Representative Assembly, Executive board, General Association, and committees.

Article III - Powers and Duties of Officers.

Section 1. President: The president shall preside over meetings of the Association, Representative Assembly, and the Executive Board; appoint the members of standing committees and special committees with the approval of the Executive Board, be an exofficio member of all standing committees, and shall be the executive officer of the Association except when it employs an executive secretary. The president shall represent the public either personally or through delegates and shall perform all other functions usually attributed to this office.

Section 2. President-Elect: The president-elect shall serve as vice-president of the Association and shall perform the functions usually attributed to the office; work closely with one or more standing committees as the president may suggest and shall be an exofficio member of all committees; and shall become president at the expiration of one year or when the presidency becomes vacant and shall then be entitled to serve his/her own full term as president of this Association except as provided in Article V, Section 2, of the Constitution.

Section 3. Immediate Past-President: The immediate past president shall advise the Executive Board and assist the president at the latter’s request.

Section 4. Secretary: The secretary shall keep accurate minutes of all meetings of the Executive Board, Representative Assembly, and general membership meetings, shall maintain official files, and shall assist the president with Association correspondence.

Section 5. Treasurer: The treasurer shall hold the funds of the Association and disburse them upon authorization by the Executive Board; maintain a roll of members; keep accurate accounts of receipts and disbursements; report to each meeting of the Representative Assembly; prepare an annual financial statement for publication to members as directed by the Executive Board; keep the president and Executive Board informed of the financial condition of the Association; and serve on the Budget Committee. The treasurer shall be bonded by the Association.

Section 6. Parliamentarian: The parliamentarian shall attend all meetings of the Executive Board, Representative Assembly and general membership; advise the president on parliamentary procedure and rule on all matters requested by the president and other matters of a parliamentary nature; and bring copies of this Constitution and Bylaws, Executive Board Policies, and Robert’s Rules of Order Revised to all meetings.

Section 7. Each officer shall have the obligation of instructing his/her successor in the duties of that office and working with him/her as needed during the year following his/her election.

Article IV - Powers and Duties of the Executive Board

Section 1. The Executive Board shall be responsible for the management of the Association, approve all expenditures, carry out policies established by the Representative Assembly, act as emergency power in the management of the affairs of this local association in the interim between regular meetings of the Representative Assembly, prepare the agenda for each Representative Assembly meeting and circulate it to all members of the Assembly so that representatives have time to discuss it with their faculty members in advance of the assembly meeting; report its transactions and those of the Assembly to the members; and suggest policies for consideration by the Assembly. The Board shall act as a presidential advisory board.

Section 2. The Executive Board shall develop workshops and training conferences for all representatives.

Section 3. The Executive Board shall represent the Association in negotiating personnel policies with the governing and appropriating bodies of the school system. Within policies established by the Representative Assembly it may make decisions binding the Association in these matters. The Board may delegate its power to negotiate to another committee or representative.

Article V - Powers and Duties of the Representative Assembly

The Representative Assembly shall approve the budget and the dues for the Association, act on reports of committees, approve resolutions and other policy statements, and shall adopt procedures for implementing the code of Ethics of the Association and those to be followed in censuring, suspending, and expelling members for cause or for reinstating members. It may adopt such rules governing the employment of staff, the conduct of meetings as are consistent with this Constitution and Bylaws. It shall be the final judge of the qualifications and elections of officers and Association Representatives. Powers not delegated to the Executive Board, the officers, or other groups in the Association shall be vested in the Representative Assembly.

Article VI - Association Representative

Section 1. In each public school in the Sullivan County School System, faculty members who are members in good standing of this Association shall elect through open nominations and secret ballot for a term of two years one association representative and one alternate to the Representative Assembly.

Section 2. For purposes of representation each school shall be considered a faculty. The central administration personnel shall be considered a faculty. All active members not attached to any specific school shall select a faculty for purposes for representation. Any questions concerning assignment of members of schools shall be determined finally by the Executive Board.

Section 3. To be eligible to serve as a association representative or as an alternate, a member must have been a member of the local, state, and national associations for at least one year prior to his/her election and shall maintain his/her membership in good standing during the term of service.

Section 4. During the month of April, each school shall elect by secret ballot an association representative and alternate, (Schools in the North and Central Zones shall elect a representative in the even-numbered years, and schools in the East and South Zones shall elect a representative in the odd-numbered years.) Nominations for these positions shall be open. Terms of office shall be two years and representatives shall take their seats in the next Representative Assembly following the election. Any delegate or alternate may be eligible for re-election but shall not serve more than two consecutive terms in any capacity. The total composition of the Representative Assembly shall reflect a proportional representation of ethnic minorities and administration as there are professional members in the Association. If this representation is not reflected after the normal election process, additional representation shall be nominated and elected at large to fulfill this requirement.

Section 5. Association representatives shall attend the regular meetings of the Representative Assembly. After two consecutive absences of a representative or his alternate, the president may ask that faculty to hold an election to secure a replacement to fill out the term. The president may designate a member in good standing to organize this special election.

Section 6. Each member of the Representative Assembly in attendance or his alternate shall cast one vote; however, in case of challenge by an representative, each member shall cast one vote for each member he represents. The president shall cast a ballot only in case of a tie vote. Action on all matters coming before the Representative Assembly, unless otherwise provided in the Constitution, shall require a majority vote of all members present and voting.

Section 7. Referendum. By majority vote, the Representative Assembly may submit any question to a referendum of the membership. It shall be the duty of the president to conduct the referendum, if demanded by petitions signed by at least 10% of the current membership representing at least one-half of the schools and with not more than 25 names from any faculty unit being counted toward required total.

Section 8. The association representative shall call faculty meetings of the Association members to discuss Association business, shall appoint such association committees as the Association may require, and shall organize and oversee the subsequent elections of association representatives, the enrollment of members in the United Teaching Profession, and two-way association communication within the building, represent the members of their respective units in the Representative Assembly, inform the members in their respective units of the actions and policies of the Association as determined by the representative Assembly, encourage the participation of members in the activities of the Association, assist the membership chairman, and train alternates in their duties. In the event an association representative is a candidate for an election, the faculty shall select alternates to oversee the election.

Section 9. Duties of alternates shall be to attend all meetings of the Representative Assembly not attended by the association representatives, to serve the remainder of the terms as an association representative should any such position be vacated and to conduct an election for a new alternate, and to assist the association representatives in carrying out duties in their respective units.

Article VII - Standing Committees

Section 1. Structure: There shall be the following standing committees carrying the specific functions outlined below. They shall have three, six, nine, or twelve members selected to represent a cross section of the total Association, and appointed for overlapping terms of three years. All committees shall reflect the composition of the total membership with at least proportional representation for ethnic minorities. Appointments shall be made by the president with approval by a majority of the Executive Board. Chairmen of standing committees shall have served for at least one year on the said committee before taking the committee office. Each committee may, with the approval of the Executive Board organize special subcommittees and task forces for specific activities from the membership of the Association.

Section 2. Meetings: Each standing committee shall meet as necessary at the call of the chairman or President.

Section 3. Reports: Each committee shall choose a secretary who shall keep a continuing record of activities. Chairmen shall report as necessary to the Executive Board and to the Representative Assembly when directed by the Executive board and shall prepare and file with the secretary by September 1 of each membership year the annual written report summarizing objectives, action program gains, and unrelated goals, which the Executive Board shall distribute to the members and which shall become a part of the continuing committee record in the Association files. Each committee shall develop annual program plans, develop a budget request based on these plans, and submit the request to the Budget Committee prior to the formulation of the annual budget.

Section 4. Relation to Executive Board. The Executive board shall assist the president-elect to appoint members of the standing committees at the regular meeting in May to fill all unexpired terms as vacancies occur thereafter, and shall plan for an organizational committee conference each year. It shall require and assist committees to define their immediate and long-range objectives. It shall review committee plans as necessary and shall decide any jurisdictional argument between committees.

Section 5. Relation to State and National Associations. The standing committees shall seek to understand and relate to the objectives and programs of corresponding units of the TEA and NEA and shall counsel with them.

Section 6. Titles and Duties:

unified membership enrollment; to inform members of the policies, programs,

accomplishments of the Association at all levels; and to provide a contact in

programs as necessary in all areas of teacher welfare, creating subcommittees with

particular responsibility for leaves, insurance, health services, credit and investment

facilities, and general working conditions.

leading to the passage of desirable state legislation for schools.

e. Public Relations - The Committee on Public Relations shall seek to develop public

understanding of the purposes and programs of the Association, the values and

importance of education, and, in cooperation with the administration, the educational

philosophy and programs of the schools. It shall develop procedures by which the

Association can work cooperatively with parents and the public in civic, fraternal and

social organizations, and through all available channels of communications programs.

The Committee on Public Relations shall organize and oversee the work of the

following subcommittees:

Professional Development shall explore and develop action programs to raise and

maintain standards for certification, employment, and assignment; to improve

opportunities for pre-service, continuing, and in-service professional education; and

to create and maintain rapport between the Association and neighbor or closely related

institutions of higher education. It shall exercise professional concern in programs

involving student teachers or relating to the concept of professional autonomy.

programs and activities and utilize the talents and abilities of the membership to

promote an atmosphere of cooperative understanding of the dignity and worth of each

each individual and to improve human relationships for all.

information to the membership and other committees, maintain a file of such

information and assist the president in completing surveys or questionnaires received

from the state and national associations.

and maintain an awareness of and stress adherence to the Constitution and Bylaws and

shall be responsible for proposing, explaining, and promoting any necessary

amendments to make the document more workable in the local situation.

membership, develop supportive data and research statistics, develop knowledge and

understanding of school finance, property, taxation, and other financial resources

available from local, state, and federal funds; to make recommendations which will

aid in bringing about adequate financial support for public education and recommend

policies and procedures which will gain community support and community

involvement in the campaign for better educational programs.

contract proposals and strategy with approval of the Executive Board.

Article VIII - Special Committees

Each year the president shall appoint an Elections Committee, an Audit committee, a Budget Committee, and such other special committees as may be necessary and shall discharge them upon completion of their duties. These committees shall operate according to rules approved by the Representative Assembly. No officer of the Association shall serve on either the Elections Committee or the Audit Committee, except that the retiring treasurer shall automatically serve as chairman of the Budget Committee and the incoming treasurer shall be a member of this committee. The Audit Committee shall audit the accounts of the Association to cover the term of the treasurer and shall complete the audit no later than one month following the close of said officer’s term.

Article IX - Elections

Section 1. Nominations

February 15. This committee shall nominate candidates for president-elect and

treasurer. They shall report all nominations in writing to the Representative Assembly

meeting in March, at which time representatives may nominate other candidates from

the floor. Each representative must report the slate of nominees to the faculty which

he represents no later than ten (10) days prior to the first school day in April.

candidate. The Committee shall be responsible for the preparation and distribution of

the ballots to the schools and central administration office. It shall also provide to

each senior association representative a list of eligible voters and the exact number

ballots. The distribution of ballots must be completed at least two (2) days prior to

the date of the election which has been set by the president. This committee shall

oversee the preparation of lists and ballots with witnesses to certify that the correct

number has been provided.

Section 2. Balloting: on the first school day in April, members shall vote for officers by secret ballot in accordance with procedures developed by the Committee on elections and approved by the Representative Assembly. Elections shall be held at the end of the school day for a period of thirty (30) minutes. All used and unused ballots shall be returned to the chairman of the Committee on elections. The ballots shall be counted by three judges named by the local association president. If no candidate receives the majority of the votes cast, a runoff election shall be held between the two candidates who have received the largest number of votes. This committee shall submit detailed procedures of the total elections process to the Executive Board for approval and shall cause the approved procedures to be printed and distributed to the membership at least two (2) weeks in advance of the election. The Committee on Elections shall report results to the president who shall cause them to be published immediately.

Section 3. Vacancy: In case of vacancy by resignation, death or disability, temporary officers shall be appointed by the Executive Board, except for the president, who shall be succeeded by the president-elect to complete the unexpired term. This shall be an extension of the president-elect’s duly elected term. In the event that the President-elect (Vice President) assumes the office of presidency before September1, the Executive Board shall have the right to call for a special election to fill the office of President Elect.

Section 4. Association Representatives and Executive Board Members at Large: In April of the old-numbered years there shall be elections of Association Representatives and alternates for a two-year term by each Faculty in the schools located in the East and South Zones. Schools in the North and Central Zones shall elect Association Representatives and alternates in the even-numbered years. Prior to the May Representative Assembly, the president shall appoint a Nominating Committee composed of these candidates to the membership for election to the Executive Board. Election to the Executive Board will constitute a two-year term while serving as association representative.

Article X - Finances

Section 1. An annual budget shall be reported to the membership by the president.

Section 2. The fiscal year of this Association shall begin on July 1 and shall end the following June 30.

Section 3. Dues shall be based on .002 of the Sullivan County base pay for the previous year plus $10.00, rounded off to the nearest half dollar, payable to the treasurer.  One dollar of the local dues will be designated to the SCEA-PACE and one dollar to lobbying unless the SCEA Office is notified in writing by July 1 by the member of his/her preference.

Section 4. Professional members shall also pay annual dues to the Tennessee Education Association and the National Education Association.

Section 5. Every SCEA member pays full local dues except substitutes who will pay one-half of the amount.

Section 6. Retired members shall pay no annual dues.

Section 7. Any professional (or auxiliary) member who is granted an official leave of absence from official duties may retain membership status by paying membership dues directly to the Association.

Section 8. The membership year shall extend from September 1 of one year to August 31 of the next.

Section 9. Teachers who are elected to posts after January 1 of the school year shall be invited and encouraged to become members for the sum of fifty percent (50%) of the local and TEA dues in effect at the time of their appointments, plus appropriate NEA dues.

Article XI - Delegates to TEA and NEA

Section 1. TEA Representative Assembly

Section 2. NEA Representative Assembly

Article XII - Fiscal Year

The fiscal year of this Association shall be from July 1 of one year to June 30 of the year following.

Article XIII - Authority

Robert’s Rules of Order (most recently revised) shall be the parliamentary authority for the Association on all questions not covered by the Constitution and Bylaws and such standing rules as the Representative Assembly may adopt.

Article XIV - Amendments

These Bylaws may be amended or repealed only by majority vote at any regular meeting of the Representative Assembly provided that proposed amendments have been previously studied by the Executive Board and that copies have been sent to association representatives two calendar weeks in advance of that meeting.