ESSA - Fairbanks

EDUCATION SUPPORT STAFF ASSOCIATION

 

CONSTITUTION AND BY-LAWS

 

CONSTITUTION

 

ARTICLE I - NAME

 

            This organization shall be known as the "Education Support Staff Association."

  

ARTICLE II - PURPOSE

 

            1.         To work and promote a strong association.

 

            2.         To promote and encourage cooperation among other education support personnel organizations, local education associations, and other civic bodies having educational objectives.

 

            3.         To promote and encourage cooperation among other organized employee groups.

 

            4.         To improve economic, social, and civic status of our members, and to negotiate to obtain such improvement.

 

            5.         To encourage members to exercise their rights and privileges as citizens through leadership roles/positions in civic affairs.

 

            6.         To enable members to speak with a common voice on matters pertaining to the skill areas our members represent, and to present their individual and collective interests before the Board of Education and other governing authorities.

 

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

 

            8.         To provide meaningful educational opportunities relevant to our members’ professional, cultural, personal (health/safety) lives.

  

ARTICLE III - MEMBERSHIP

 

            1.         Membership in the Association shall be open to all education support professionals employed by the Fairbanks North Star Borough School District who are employed on a permanent full-time and/or permanent part-time status, and who are members of the bargaining unit.

 

            2.         Association members agree to abide by the Constitution and By-Laws of the Association.

 

            3.         Membership shall be continuous until the member ceases employment, resigns from the Association, or is suspended or expelled.

  

ARTICLE IV - ELIGIBILITY TO OFFICE

 

            1.         To be eligible for election to any office, a member must have been in continuous good standing prior to the nomination for said office and must have been a member of the Association for a period equal in length to the probationary period for education support staff in the Fairbanks North Star Borough School District.

  

ARTICLE V - OFFICERS

 

            1.         The officers of this Association shall be the President, Vice President, Secretary and Treasurer.

  

ARTICLE VI - MEMBERS-AT-LARGE

 

            1.         There shall be members-at-large elected from the membership.

 

ARTICLE VII - EXECUTIVE BOARD

 

            1.         The Executive Board shall consist of the officers and members elected at large.  It shall be the executive authority of the Association.

 

            2.         Whenever a majority of the Executive Board shall agree that an officer or member-at-large has been grossly negligent of his/her duties as defined in the by-laws, or is incapacitated, they shall recommend to the membership that the office be declared vacant.  The membership may accept the recommendation to vacate the office by a two-thirds majority vote at the next general membership meeting.  The vacancy will then be filled in accordance with Article II, 1, C (By-laws).

  

ARTICLE VIII - REPRESENTATIVE COUNCIL

 

1.      The Representative Council shall be a policy forming body of the Association.  Representative Council shall consist of duly elected building representatives who shall regularly assemble to conduct the business of the Association.

 

ARTICLE IX – CODE OF ETHICS

           

1.      Members shall not engage in any act or acts which are contrary to the   member’s responsibility toward the Association, or which interfere with the performance by the Association of its legal or contractual obligations.

2.      Wronging s member by any act or acts (other than an expression of views or opinions), which cause her/him physical or economic harm, shall not be tolerated.

3.      Any executive officer, executive board member-at large, representative council members, or member of any standing committee shall not behave in a manner that will lose the respect for the Association while on Association business.

4.      Disturbing the peace and harmony of any meeting, using abusive or offensive language, creating or participating in any disturbance, harassing another member, or being intoxicated in or around an Association meeting shall not be tolerated.

5.      It is the duty of the executive officers and board members to make sure the assets of the Association are safeguarded and used solely for the benefit of members.

[moved to By-Laws Article 4.2]

6.      Members shall not fraudulently receive or misappropriate any monies of the Association.

7.      Members shall not willfully commit Fraud in connection with in connection with voting for candidates for office or for delegates to conventions. A sample of the official ballot to be used in any election may be posted at the polling place. However, the sample shall not carry any markings of any kind, except that the word “SAMPLW” shall appear prominently across the face of the ballot. The sample shall otherwise be an exact duplicate of the official ballot to be used.

  

ARTICLE X - AMENDMENTS

 

            1.         Amendments to this Constitution shall be presented at a general membership meeting.  The following general membership meeting members shall vote upon the amendment.  Adoption of the amendment shall be a 2/3 affirming majority of the members present.

  

ARTICLE XI - REVIEW AND REVISION

 

            Every three years the President shall appoint a committee for the purpose of reviewing and/or proposing amendments to the Constitution.

  

BY-LAWS

 

ARTICLE I - RULES OF ORDER

 

            1.         Robert's Rules of Order, Newly Revised, shall be the authority on all questions of procedure not specifically stated in this Constitution and By-laws.

 

            2.         A procedural guideline of Roberts Rules of Order, Table of Parliamentary Motions, will be provided to all members attending any meetings: General Membership, Policy Assembly, or Representative Council.

  

ARTICLE II - TERMS AND DUTIES OF OFFICERS AND MEMBERS-AT-LARGE

 

            1.         a.         All officers and members-at-large shall take office at the close of business of NEA Representative Assembly, and shall serve two years. Officers and members-at-large may be re-elected for a maximum of six consecutive years in the same office.  The immediate past president shall serve a one year term on the Executive Board.

                         b.         All newly elected officers and members-at-large shall receive training on Roberts Rules of Order and Parliamentary Procedures, the Association’s Constitution, Bylaws, and Policy Manual, and their fiduciary responsibilities prior to taking office. 

                        c.         A vacancy in the office of President shall be filled in accordance with Section 3 of this Article.

 

                        d.         All vacancies in elected offices, with the exception of President, will be filled by appointment by the Executive Board until the next regular election.

 

                        e.         Should the offices of both the President and Vice President become vacant simultaneously between elections, the remaining members of the Executive Board shall choose one of their number to serve as President pro tempore until the membership can fill the vacancies through a special election.

 

                        f.          Should a vacancy for member-at-large occur before the end of the first year of the two year term, the vacancy may be designated by the Election Committee as a one year office at the next regular election in order to maintain the integrity of the staggered terms.

 

2.      President - The President shall act as spokesperson for the Association, either personally or through delegates, and shall preside at all meetings of the Association.  The President shall appoint chairpersons and members of standing committees and special committees and be an ex-officio member of all standing committees.  The President may remove chairpersons or members of standing committees upon approval of a majority vote of the Executive Board.  The President shall be one of the local delegates to NEA-ALASKA Delegate Assembly and to the National Education Association Representative Assembly, unless elected to be a state delegate.  At the end of the term as president, he/she shall serve for one year as a voting member of the Executive Board.

 

The President shall promptly have removed from a meeting any member or officer who is not conducting himself/herself in an orderly way, or is intoxicated, or who disturbs the harmony or peace of the meeting, or who fails promptly to abide by the President’s rulings or the action of the meeting. When necessary to preserve order, the President shall appoint members to aid her/him in doing so and in carrying out her/his rulings.

 

The President shall suspend from attendance at any meeting any member who commits any of these offenses, for the balance of such meeting, and shall see to it that such member shall not be allowed to reenter the meeting for the remainder of the meeting. The President may repeat the suspension at any subsequent meeting to which an offender persists in conduct.

           

 

            3.         Vice President - The Vice President shall perform the functions usually attributed to the office.  He/she shall be responsible for coordinating all committee activity and shall supervise elections.  The Vice President shall serve as the parliamentarian of the Association and shall organize and maintain a written compilation of policies established by the Association.  The Vice President shall assume the duties of President in case of resignation, removal, or other absence of the President.  The Vice President may hold a special election to fill a vacancy in the office of President.

 

            4.         Secretary - The Secretary shall keep and make available accurate minutes of all meetings of the membership, Representative Council, and Executive Board, and shall prepare and keep on file a correct list of the names and addresses of the members of the Executive Board. 

 The secretary shall notify the President of two (2) consecutive unexcused absences of members from Representative Council and/or Board of Directors meetings, and of any absences from Policy Assembly> 

            5.         Treasurer - The Treasurer shall hold the funds of the Association and disburse them upon authorization by the Executive Board.  He/she shall maintain a current roll of all members and shall oversee the collection of dues.  He/she shall keep accurate accounts of receipts and disbursements, shall report to each meeting of the Executive Board and Representative Council or membership, and shall prepare an annual financial statement for publication to the members as directed by the Executive Board.  Such books and financial records shall be presented for annual audit by an outside firm as directed by the Executive Board. 

 

            6.         All Association property shall be returned to the office staff within 72 hours of completion of term of office.

  

ARTICLE III - DISBURSEMENT OF FUNDS

 

1.         Any two (2) officers of the Association shall be co-signatories to all financial disbursements, EXCEPT for reimbursements or disbursements to themselves.  All officers of the Association shall be bonded.

 

2.         Signature cards shall be kept current; changes will be submitted following each election of officers.

   

ARTICLE IV - EXECUTIVE BOARD

             1.         Membership - The Executive Board shall consist of the officers and a member-at-large for each 50 members, elected by the members for two (2) years according to the November membership in the school year of their election, or according to the June membership in the year previous to their election, whichever is greater.  The chairpersons of all Education Support Staff Association standing committees and ESSA members serving on the NEA-Alaska Board of Directors shall participate in a non-voting capacity. The ESSA members serving on the NEA-Alaska Board of Directors shall participate fully to include voting rights.  

            2.         Duties - Members of the Executive Board shall attend all regular meetings of the Board, Representative Council, and General Membership unless they receive prior excuses from the presiding officer.  After two (2) unexcused absences, the Executive Board may declare the seat vacant.

 

It is the duty of the executive officers and board members to make sure the assets of the Association are safeguarded and used solely for the benefit of members

[moved from Constitution Article 9.5] 

                        The Executive Board shall be responsible for the management of the Association during the interim between Representative Council or general membership meetings, approve all expenditures, certify election results, carry out policies established by the membership or Representative Council, report its transactions to the membership or Representative Council, suggest policies and resolutions for consideration by the Representative Council, and may assign tasks to committees.

 

                        The Executive Board shall represent the Association in negotiating policies with the governing and appropriate bodies of the school system.  Within established policies, it shall make agreements binding the Association in these matters pending ratification by the membership.  The Executive Board may delegate its power to negotiate to other committees or representatives.

 

                        The Executive Board shall carry sufficient bond to safeguard the funds of the Association.  The Board shall cause an audit of all accounts and records to be made immediately following the end of each fiscal year.  A report of the audit shall be available for examination by each member of the Association.

  

ARTICLE V - POWERS OF THE MEMBERSHIP

 

            The membership shall approve the budget, dues, and ratification of the contracts and shall elect officers and representatives.  It shall also adopt procedures to be followed in censuring, suspending, and expelling members for cause or for reinstatement of members.  Membership may also adopt or approve resolutions or policy statements.  Powers not delegated to the Executive Board, Representative Council, or other groups in the Association shall be vested in the membership.

  

ARTICLE VI - REPRESENTATIVE COUNCIL

 

            1.         Powers-The Representative Council will act on reports of committees, approve resolutions and other policy statements, and conduct the month-to-month business of the Association.  It may adopt such rules governing the conduct of the Association and the conduct of the meetings as are consistent with the Constitution and By-laws.

 

            2.         Election of Representative Council - There shall be one (1) representative for every ten (10) members, rounded to the nearest ten, per job site, with a minimum of one (1) representative per site.

 

                        Term of office shall be one (1) year.

 

Job sites will be notified by April 1 of the number of Representative Council members they will be allocated for the following school year.  The site will elect their representative(s) by May 1.  Each site will notify the Association President of the results of the election.

 

The Association’s Membership Chairperson will report to the Executive Board in November changes in building membership which would affect the building allotment of representatives.  A site will be notified of any changes.  If necessary, a building will conduct a special election and notify the Association President of the results of the special election.

 

A job site may elect a replacement representative at any time and will be responsible for notifying the Association President before the first meeting the new representative will attend.

 

3.         Meetings of the Representative Council - The Representative Council will meet once a month except when there is a general membership meeting.

 

            Any member from the same job site, with written notice, may be seated by the Executive Board at any meeting as a substitute for the representative.

 

            The Representative Council may call a general membership meeting on any issue that it deems necessary by a simple majority vote.

 

4.         DUTIES - Building representatives will attend monthly meetings of the Association and their vote will be expected to reflect the wishes of the majority of their constituency.

 

            The representative shall call brief building meetings at least once monthly to discuss Association business and proposed agenda items for Representative Council meetings, to propose agenda items for council action and discuss action taken in enforcing the contract.  He/she shall oversee subsequent election of the Building Representative(s) and other elections as required by the policies of the Association.  The representative shall promote two-way Association communication within the building.  He/she may organize building committees as necessary to expedite Association work.

  

ARTICLE VII - POLICY ASSEMBLY

 

            1.         Policy Assembly shall hold its annual meeting prior to NEA-ALASKA Delegate Assembly.

 

            2.         Voting members of Policy Assembly shall be all Building Representatives, all members of the Executive Board, all chairs of standing committees, and all elected delegates to NEA-Alaska Delegate Assembly.

 

                        All local delegates to NEA Representative Assembly shall have served as delegates to Policy Assembly and to NEA-ALASKA Delegate Assembly.

 

            3.         All delegates and alternates to NEA-ALASKA Delegate Assembly and to NEA Representative Assembly shall be expected to participate actively in Policy Assembly.

 

                        Any delegate who does not attend all scheduled sessions of Policy Assembly shall be removed as a delegate to NEA-ALASKA Delegate Assembly or NEA Representative Assembly unless the delegate is excused by a two-thirds vote of the Executive Board.

                       

Any petition for an excused absence from a scheduled Policy Assembly session will be reviewed on an individual basis by the Executive Board. Petitions for excused absences must be submitted in writing with any relevant documentation to the President. The petition will be marked “ confidential” and included in the next E-Board Packet. 

            4.         Resolutions and new business items which have been passed at a mini-Policy Assembly by a simple majority of the building membership may be pre-filed at the Policy Assembly Work Session.

 

                        Such pre-filed items must be assigned to committees and must be reported out of committees.  They may be given a committee "pass" or "do not pass" recommendation. 

  

ARTICLE VIII -  STANDING COMMITTEES

 

            1.         The standing committees of the Association shall be Negotiations, Legislative and Political Action (ESSA-PAC), Employee Rights, In-service and Training, Sick Leave Bank, Health and Safety, Public Relations, Membership, Financial, and Multi-ethnic.  The committee members shall be appointed for terms of two (2) years.  Subject to the approval of the Executive Board, the President shall appoint the chairpersons of the standing committees.  Chairpersons may be removed by a majority vote of the Executive Board.

 

            2.         The Social and Sunshine Committee will be a subcommittee of Public Relations.

  

ARTICLE IX - MEETINGS

             1.         a.         The Executive Board shall meet on the 2^nd Tuesday of each school month.. before each regular Representative Council or General Membership meeting. 

                        b.         The Board shall also meet at the call of the President or at the request of three (3) members of the Board. 

 

                        c.         The Executive Board shall prepare the agenda for each membership meeting and shall circulate it to all members so that representatives shall have time to discuss it with their building members in advance of the membership meeting.

             2.         a.         The Representative Council shall meet on the Wednesday following the regularly scheduled Executive Board meeting.  third Saturday of each school month, or a date voted on by the members of the Representative Council at the meeting the change is made. 

b.         Representative Council will not meet in any month when a general membership meeting is scheduled.

 

                        c.         Special meetings of the Representative Council may be held at the call of the President or a majority of the Executive Board.  Business to come before special meetings shall be stated in the call, which shall be sent in writing to each building representative.

 

            3.         a.         The membership shall meet in October, January and April.

 

                        b.         Special meetings of the general membership may be held at the call of the President, majority of the Executive Board or Representative Council.  Business to come before special meetings shall be stated in the call, which shall be sent in writing to each member.

 

                        c.         General membership meetings shall be called in accordance with Article XII.

 

            4.         A simple majority of those present and voting shall be required to approve/disapprove business items which come before the Executive Board, Representative Council, committees, and general membership meetings, except as otherwise provided.

  

ARTICLE X - BUDGET

 

            The Financial committee during February of each year shall be responsible to the Executive Board for the preparation of a budget and dues structure for the following fiscal year, and to assist the Treasurer in the implementation of the current budget.  The President, Treasurer, and no less than four Executive Board members shall serve on the committee.  The President may appoint additional members.  The proposed budget and dues structure shall be presented to the Executive Board at the March meeting for recommendation to the membership.  The proposed budget and dues structure, which shall show the allocations for the ESSA, NEA-Alaska, and NEA dues, shall then be circulated to the membership before the April membership meeting and shall be presented to the members for adoption at the April meeting.  The dues structure may not be amended or rescinded once the fiscal year has begun.  The dues amount for ESSA shall be collected throughout the school year in equal installments or prorated installments for new hires, and if that cannot be met, dues should be placed in arrears until collection can be made and ESSA be notified.  A special meeting may be called for reconsideration of the budget.  A majority of 2/3 of the general membership shall be required to amend the budget and the dues structure.

  ARTICLE XI -           ELECTIONS  

            1.         General Election

 a.         Nominations for Officers, Executive Board and Representative Assembly Delegates and shall include the following information from each candidate: 1)Name, 2)Job Title, 3)Work Site, 4) Years of Service, 5) Union Activity, including leadership, committees, projects, programs, etc. 6) a photograph, and 7) Their reasons for seeking office; in 100 words or less. Candidates for the office of President may write up to 200 words.

           

                        (1)        The members of the Association in each building or unit may, from December 1 through the last work day on or before January 15, nominate a candidate for President, Vice President, Secretary, Treasurer, Members-at-large, and delegates to Representative Assembly.  Nominations shall be submitted to the Vice President.

                         (2)        The Committee on Elections shall report all nominations in writing to the membership no later than ten (10) working days prior to the election and shall include biographical information from each candidate of no more than 100 words.   

                        b.         Election

           

                        Members of the Association shall vote for officers, members-at-large, and delegates to Representative Assembly by secret ballot on the first Tuesday in February in accordance with the policies establishing election procedures. The Vice President shall report the results to the President who shall cause them to be certified and published.  New officers and members-at-large shall be duly installed.

 

            2.         Election for Delegate Assembly

 

a.         Nominations for Delegate Assembly Delegates and Other Vacancies

 (1)        The documents requesting nominations for delegates to Delegate Assembly will contain an overview of the obligations and commitments expected of all elected delegates as outlined in the By-Laws and Policy Manual including dates of all scheduled sessions and the consequence of not meeting these obligations and commitments. 

(2)        The members of the Association in each building or unit may, from the first day of school for a period of 15 days, nominate candidates to Delegate Assembly.  Nominations shall be submitted in writing to the Vice President.

 

(3)        The Committee on Elections shall report all nominations in writing to the membership no later than ten (10) working days prior to the election and shall include available biographical information from each candidate of no more than 100 words.

 

            b.         Elections

 

Members of the Association shall vote for delegates to Delegate Assembly and any other vacancies by secret ballot on the second Tuesday in October in accordance with the policies establishing election procedures.  The Vice President shall report the results to the President who shall cause them to be certified and published.  Newly elected officers shall be duly installed.

 

            3.         Absentee Voting

 

                        Each member in good standing shall be allowed to cast an absentee ballot.  Absentee ballots may be cast up to three (3) working days prior to the election between the hours of 9:00 a.m. and 5:00 p.m. at the Association business office.

             4,         At no time shall an election of the membership be cancelled, postponed, deleted, etc. without a majority vote of the entire membership.             5.         ESSA shall, in the event the time line for any election described in this Article is breached, the election will be held as soon as possible and be conducted according to all rules specified in this Article.  

ARTICLE XII - INITIATIVE

 

            Upon petition of ten percent (10%) of the membership to the Executive Board, any matter of concern to the Association shall be placed on a published agenda and presented at a general membership meeting for approval.  The President shall call a meeting of the membership within thirty (30) days of the receipt of the petition.  The initiative must be approved by a majority of those voting at that meeting and the results of the vote will be binding upon the Association.

  

ARTICLE XIII - RECALL

 

            The recall of any officer, member-at-large or building representatives will be placed before Education Support Staff Association members represented by that position upon presentation to the Executive Board of a petition signed by twenty percent (20%) of those Education Support Staff Association members.  A recall election will be held within thirty (30) days of the certification of the petition by the Executive Board.  Only those Education Support Staff Association members directly represented by the position may vote in the recall election.  The vote to recall must be a two-thirds (2/3) majority of those voting.

  

ARTICLE XIV - AMENDMENT

 

            1.         These By-Laws may be amended by majority vote of those present at any regular meeting of the membership, provided that proposed amendments have been previously studied by the Executive Board and that copies have been sent to Building Representatives two (2) calendar weeks in advance of the meeting.

  

ARTICLE XV - REVIEW AND REVISION

 

            Every three (3) years the President shall appoint a committee for the purpose of reviewing and/or proposing amendments to the By-laws.

     [Revised: September 13, 1981; March 17, 1984; March 2, 1985; March 1, 1986; November 8, 1986; February 14, 1987; February 13, 1988; May 13, 1989; January 13, 1990; March 3, 1990; February 8, 1992; January 9, 1993; March 19, 1994; January, 1995; November 1996; May 16, 1998; October 17, 1998; April 17, 1999; January 15, 2000; January 20, 2001; January 19, 2002; January 18, 2003; January 17, 2004, April 16, 2005, January 14, 2006, March6, 2006]