Amended, May, 1991
Amended, March, 1995
Amended, December, 2003
Amended, June, 2006
ANAHEIM ELEMENTARY EDUCATION ASSOCIATION, CTA/NEA
I. NAME AND LOCATION
The official chapter name of this Association shall be the Anaheim Elementary Education Association/CTA/NEA in Orange County.
The primary purposes of this Association shall be:
A. To represent its members in their relations with their employer, and to seek to be the exclusive representative of appropriate units of school employees in all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment;
B. To form a representative body capable of developing group opinion on professional matters to speak with authority for members;
C. To provide an opportunity for continuous study and action on problems of the profession;
D. To provide a means of representation for its ethnic-minority members;
E. To promote professional attitudes and ethical conduct among members;
F. To encourage cooperation and communication between the profession and the community; and
G. To foster good fellowship among members.
III. AFFILIATION WITH THE CTA/NEA
A. The Anaheim Elementary Education Association shall be a chartered chapter of the California Teachers Association (CTA).
B. The Anaheim Elementary Education Association shall be an affiliated local association of the National Education Association (NEA).
A. Categories of Membership. There shall be categories of membership in the Association: Active, and Associate.
Active membership shall be open to any person who is engaged in or who is on limited leave of absence from professional educational work, is an employee of Anaheim City School District, and whose primary assignment is such as not to hold supervisory responsibility over other certificated employees to such an extent as not to be represented in the negotiations process by the teacher bargaining unit.
B. Membership may be granted upon initiation of payroll deduction or upon payment of annual Chapter/CTA/NEA dues appropriate to the class of membership.
C. The right to vote and to hold elective office or appointive position within the Association shall be limited to Active members.
D. Active members shall be eligible to vote in all elections, hold elective office or appointive position, receive special services, obtain assistance in the protection of professional and civil rights, and receive reports and publications of the Association.
E. An individual who is serving as a negotiator for a public school employer shall not be eligible for membership in the Association.
F. Active members shall adhere to The Code of Ethics of the Education Profession.
G. The rights to and privileges of membership shall not be abridged in any way because of age, sex, race, color, ethnic group, marital status, national origin or sexual orientation.
H. No member of the Association may be disciplined without a due process hearing which shall include the established appellate procedure.
I. The membership year shall be that period of time from September 1 of any given calendar year through August 31 of the following calendar year, inclusive.
V. DUES, FEES, AND ASSESSMENTS
A. The basic annual dues level for Active members, and representation fee for non-members represented in the bargaining unit, shall be sufficient to cover the operating expenses of the Association, the dues of CTA, and the dues of NEA.
B. The Association’s portion of the basic annual dues, and the representation fee for non-members, shall be established by action of the Representative Council at the last regular meeting of the school year.
C. The chapter (local) shall apportion any negotiated representation fee or organizational security fee on the same percentage basis as the Chapter/CTA/NEA dues.
D. Membership shall be continuous after initial enrollment until delinquent or until a change in professional status shall make the member ineligible for membership. If by October 31 of any calendar year a member has neither paid the established annual membership dues for the current membership year, nor made satisfactory arrangements for payment, then that person’s membership shall be considered delinquent and the name dropped from the rolls.
VI. POLICY-MAKING BODY
A. The policy-making body of the Association shall be a Representative Council. The Representative Council, comprised of Active members of the Association, derives its powers from and shall be responsible to the Active membership.
B. The Representative Council shall be composed of the following Active members:
1. Executive Board, ex-officio;
2.Faculty Representatives elected on the basis of one-person one-vote;
3.The following additional representatives:
b. Committee Chairpersons, ex-officio non-voting
c. CTA State Council Representatives, and
d.Any members of the Association who hold CTA/NEA offices or committee appointments, or immediate past president, ex-officio non-voting.
C.The Representative Council shall:
1.Establish Association policies and objectives;
2.Adopt the annual budget of the Association on or before the first meeting of the school year;
3.Approve the establishment or discontinuance of committees recommended by the Executive Board; and
4.Establish the dues of the Association.
5. Make decisions regarding the endorsement of political candidates.
D.The Representative Council shall meet at least once during each school month; the number, place and time of meetings to be decided by the Executive Board.
E. Special meetings of the Representative Council may be called by the President, the Executive Board, or by the petition of twenty percent (20%) of the Active membership.
F. Special meetings of the Representative Council shall be called for a specific purpose and no business other than that for which the meeting is called may be transacted.
G.Notices and agendas for all meetings of the Representative Council shall be sent to all members of the Representative Council at least two days prior to the date of the meeting.
H.For emergency meetings of the Representative Council during crisis situations, the Executive Board shall adopt procedures to notify representatives of meeting dates, places, and times.
I. A quorum for all meetings of the Representative Council shall consist of a majority of all voting members of the Representative Council.
J. Members of the Representative Council shall serve a term of 1 year except for the CTA State Council representatives whose terms are set by CTA.
K.Members of the Representative council shall be elected by unit members at the school site.
VII. FACULTY REPRESENTATIVES
A. Faculty representatives shall be elected by and from the Active membership for each faculty group. Such election shall be by open nominations and by secret ballot.
B.Each faculty shall be entitled to at least one representative and shall have one representative for each 15 Active members on the faculty, or major fraction thereof.
C.Active members who are not represented through an individual school faculty group shall be counted as a special faculty group entitled to the same representation on the Representative Council as individual school faculty groups.
D. Vacancies in the office of Representative for whatever cause may be filled by properly elected replacements.
E.Faculty Representatives shall:
1. Conduct constant and ongoing liaison between the Representative Council and the Active members of the faculty unit;
2. Serve as the official channel through which written communications and publications can be easily and quickly transmitted between the Association and the members;
3. Represent the views and input of the Active membership of the faculty in votes taken in the Representative Council, conducting frequent and regular polls of such membership for this purpose;
4. Conduct regularly scheduled meetings of the active membership at the building level;
5. Conduct an annual membership drive at building sites;
6.Conduct Association elections in the buildings;
7. Act as an advocate for unit members and serve as their representative in employment matters when requested and;
8.Perform such additional duties as prescribed by the Executive Board.
F. A Faculty Representative may not conduct an election in which he/she is a candidate.
A.The officers of the Association shall be a President, a Vice- President, a Secretary, and a Treasurer.
B. These officers shall be and remain currently paid-up local, state, and national (Active) members as a condition for nomination to and service in their respective positions during their terms of office.
C. These officers shall be elected by and from the Active membership of the Association. Such election shall be by open nominations and secret ballot.
D. The President and Vice President shall be elected every other year in the annual general election for a period of service of two years beginning on July 1 of odd calendar years.
E.The Secretary and Treasurer shall be elected every other year in the annual general election for a period of service of two years beginning on July 1 of even calendar years.
F. A vacancy shall be deemed to exist in the case of death, resignation, or inability to serve in any of the offices of the Association. If there is a vacancy occurring in the office of the President, the Vice-President shall assume the office. In the event a vacancy occurs in the other offices, a special election shall be held to elect successors to fill the unexpired terms.
G. The President shall be the chief executive officer of the Association and its policy leader.
The President shall:
1.Call and preside at all meetings of the Association, the Representative Council and Executive Board;
2.Prepare the agenda for the meetings of the Association, the Representative Council and the Executive Board;
3. Be the official spokesperson for the Association;
4. Be familiar with the governance documents of the Association, CTA, and NEA;
5. Appoint all chairpersons and members of committees, and of the bargaining team, with the approval of the Executive Board;
6.Suggest policies, plans and activities for the Association and be held responsible for the progress and work of the Association;
7. Propose the procedures for grievance processing for ratification by the Executive Board and the Representative Council;
8.Attend meetings of the Service Center Council of which the Association is a part;
9.Attend other CTA/NEA meetings as directed by the Representative Council and;
10.Serve as Association representative to the Teachers United Uniserv Board or appoint a representative to serve on the TU Board in the event that the President becomes an elected officer of the Uniserv Board. The appointee shall have the approval of the AEEA Executive Board.
11.Appoint a parliamentarian, with the approval of the Board of Directors, to serve at all meetings of the Representative Council and to serve as a consultant to the President and to the Executive Board.
H. The Vice-President shall:
1. Serve as assistant to the President in all duties of the President;
2. Assume the duties of the President in the absence of the President;
3. Be responsible for the formation and distribution of the Association’s calendar of activities;
4. Serve as coordinator of committee activities at the direction of the President and;
5.Perform such other duties as may be directed by the Executive Board or the Representative Council.
I. The Secretary shall:
1. Keep a careful and accurate record of the proceedings of each meeting, regular or special, of the Association, Representative Council, and the Executive Board;
2.Be responsible for the distribution of minutes, notice of meetings, and agendas for all meetings to members of the Representative Council and Executive Board; and to the membership when appropriate;
3. Keep an accurate roster of the membership of the Association and of all committees; and
4. Carry on the correspondence pertaining to the affairs of the Association as directed by the President; and
5.Perform such other duties as may be directed by the Executive Board or the Representative Council.
J. The Treasurer shall:
1. Receive all funds belonging to the Association and be responsible for their safekeeping and accounting;
2.Issue all checks drawn on the funds of the Association, as authorized by the Board of Directors or the Representative Council;
3. Pay out such funds upon orders of the President;
4.Provide a written financial report for each regular meeting of the Representative Council and Executive Board;
5. Be responsible for an annual audit of the books of the Association and distributing a summary of this audit to the membership; and
6. Be responsible for submitting membership and financial reports to CTA, NEA, and other agencies as required by law.
7.Perform such other duties as may be directed by the Executive Board or the Representative Council.
K. The Area Directors shall:
1. During the first Representative Council Meeting of the year, area directors shall introduce themselves to the faculty representatives within their area and collect and exchange email addresses in order to facilitate communication;
2. Area directors shall periodically communicate with faculty representatives as directed by the Executive Board;
3.Area directors shall make contact with faculty representatives who are not in attendance at monthly Representative Council meetings to present information from these meetings as well as mail any appropriate paperwork;
4.Area directors shall cooperate to produce an Area Directors’ column in the AEEA Newsletter that is thematic in nature to inform AEEA members of rights and responsibilities;
5.Whereas faculty representatives receive contractual concerns from members, these shall be communicated to the corresponding Area Director and action shall be taken to both assist and satisfy the concern. If concern is insurmountable, the Area Director shall direct the member to the Grievance Committee or the AEEA President; and
6.Area Directors shall communicate members concerns or questions, as deemed necessary, during the Area Directors’ Concerns portion of the Representative Council and Executive Board agendas.
IX. EXECUTIVE BOARD
A. The Executive Board shall be composed of the elected officers, CTA State Council Representatives and four (4) Directors elected at large from the Active membership, as long as this complies with the “one-person – one-vote” rule.
B. All members of the Executive Board shall be and remain currently paid-up local, state, and national (Active) members as a condition for nomination to and service in this position.
C. The at-large Directors of the Executive Board shall be elected with open nominations and by secret ballot.
D. The at-large Directors of the Executive Board shall be elected for staggered terms of 2 year(s), commencing on July 1.
E. Vacancies in the position of at-large Directors of the Executive Board shall be deemed to exist in the case of death, resignation, or inability to serve in this position. If there is a vacancy occurring in this position, a special election to fill the vacancy shall be held within thirty days.
F. The Executive Board shall meet prior to each regular meeting of the Representative Council and at such other times as the President may deem necessary, or upon written petition of a majority of the members of the Executive Board.
G. The duties and the responsibilities of the Executive Board are:
1. Coordinate the activities of the Association;
2. Act for the Representative Council when school is not in session;
3. Direct the bargaining activities of the Association, in coordination with Teachers United Uniserv subject to policies established by the Representative Council;
4. Approve appointment and removal of Bargaining Team members by a 2/3 majority vote;
5.Recommend a budget for the Association to the Representative Council;
6. Approve all appointments to committees, including chairpersons;
7.Adopt the Standing Rules for the Association;
8.Adopt grievance procedures
9.Direct the grievance activities of the Association; and
10.Exercise all the business and organizational powers and duties for the Association as prescribed by law and these bylaws, subject to any restrictions that may be imposed by the Representative Council.
H. A quorum for all meetings of the Executive Board shall consist of a majority of the elected members of that body.
XI.CTA STATE COUNCIL REPRESENTATIVES
A.Active AEEA members who serve as voting members of the CTA State Council of Education (CTA/NEA) shall be known as State Council Representatives. State Council Representatives shall perform representative duties to and from CTA State Council of Education similar to the duties assigned to AEEA building representatives. This shall be the case in the event that the representative is either elected locally or part of a multiple representation scheme.
XII. MEETINGS OF THE GENERAL MEMBERSHIP
A. Meetings of the Association may be called by the President, the Executive Board, or by written petition of twenty percent (20%) of the Active membership.
B. Notices of the Association meetings including date, place, time, and purpose of the meeting shall be made available to all members of the Association at least two days before the meeting except during crisis situations.
C. For emergency meetings during crisis situations, the Executive Board shall adopt procedures to notify the Association membership of meeting dates, places and times.
D. A quorum for meetings of the Association shall be 20% of the active membership.
XIII. BARGAINING TEAM
A. The President shall appoint all members, alternates, and the chairperson of the Bargaining Team with the concurrence of the Executive Board.
B.Vacancies created by resignation or inability to serve shall be filled by the Executive Board.
C.The Executive Board, by two-thirds (2/3) majority, may remove a member of the Bargaining Team.
D.The Bargaining Team shall be under the direction of the Executive Board, and shall report its activities to the Executive Board, as the Board requires.
E.The Bargaining Team is empowered to reach tentative agreements with the district subject to ratification by the Active membership.
F. The duties of the Bargaining Team are to represent and to bargain for the bargaining unit.
G.Responsibility and authority for directing the bargaining process on behalf of the Association are vested in the Executive Board subject to policies established by the Active membership.
H.Employees in each appropriate bargaining unit shall be surveyed to determine contents of the proposed contract demands, and the contract proposal for each appropriate unit shall be approved by Active members in that unit.
I. The Executive Board shall provide for the dissemination of information regarding bargaining and the activities of the Bargaining Team to the general membership.
J. Agreements reached between the Bargaining Team and the school board or its representatives shall be considered tentative and not binding upon the Association until such agreements have been ratified by the Active membership in the appropriate unit unless such ratification shall have been specifically waived or otherwise delegated by that active membership.
K. The Bargaining Team shall serve on the Teachers United Bargaining Committee in accordance with the TU Bylaws.
A.The negotiations package, as tentatively agreed to by the bargaining team, shall be ratified in accordance with the following procedures:
1.The tentative agreement shall be presented to the Executive Board for its recommendation.
2.Following the Executive Board’s consideration, the tentative agreement shall be submitted to the Representative council for a recommendation. The Board may act on behalf of the Council during those periods of time when regular meetings of the Council are not scheduled.
3. The tentative agreement shall be reproduced and distributed to the membership at lease 48 hours in advance of a general meeting.
4.The ratification vote shall be held in accordance with AEEA election procedures, with members voting “yes” or “no” on the ratification of the total tentative agreement. The ratification vote shall be held at each building site within five (5) days of the general meeting.
XV. GRIEVANCE PROCESSING
A. The Executive Board in coordination with Teachers United shall adopt, with the approval of the Representative Council, the procedures for grievance processing.
B. These procedures shall include, but not be limited to, the following:
1. Provide for representation to assist all members of the bargaining unit in processing grievances;
2. Training for handling grievances; and
3.Evaluation of the Association’s grievance policies and procedures.
4. The Executive Board shall have the power to expend funds for fact finding hearing and/or arbitration in grievances.
XVI. NOMINATIONS AND ELECTIONS
The chapter president must provide Active members an opportunity to vote in all elections.
Chapter presidents do not have the option of deciding that such elections shall not be held
except for NEA-RA Local Delegate elections where, following a period of open nominations,
voting may be waived if the number of candidates is equal to or less than the number of
positions to be filled and the affiliate has adopted a governing provision or election policy
allowing such a practice.
A. There shall be an appointed Elections Committee.
B. Elections shall be conducted with:
1. Open nomination procedure;
2. Secret ballot;
3. All Active member vote;
4. Record of voters receiving or casting ballots;
5. Majority vote, unless otherwise specified.
C. State Council Representative elections shall be conducted in accordance with CTA guidelines after the chapter or service center council has been notified to do so by the CTA Elections Committee.
D. NEA State Delegate elections shall be conducted in accordance with CTA guidelines.
E. NEA Local Delegate elections shall be conducted in accordance with CTA/NEA guidelines.
F. The duties of the Elections Committee shall be to:
1.Ensure that all chapter/CTA/NEA election codes and timelines are followed;
2.Establish yearly election timelines in written form, to be presented to the Executive Board and Representative Council at their respective meetings no later than October each year;
3. Carry out timelines and procedures;
4. Prepare ballots for election of officers and such other elections as may be necessary;
5. Count the ballots and certify the results;
6. Handle initial challenges.
A. Committees, except as otherwise provided in these bylaws, may be established and discontinued by the Executive Board, subject to approval by the Representative Council.
B. Each committee shall submit periodic reports to the Executive Board and Representative Council.
XVIII. SPECIAL AND AD HOC COMMITTEES
A.The Executive Board and/or the Representative Council shall be empowered to establish special and ad hoc committees in accordance with the following:
1.The resolution adopting a special or an ad hoc committee shall include a statement of the committee’s charge.
2.The resolution adopting a special or an ad hoc committee shall include a proposed or recommended timeline for the completion of the charge.
B.It is understood that special and ad hoc committees terminate upon the completion of their charge.
XIX. PARLIAMENTARY AUTHORITY
A.Robert’s Rules of Order, Newly Revised, latest edition, shall be followed at all meetings of the Association, the Representative Council, and the Executive Board.
XX.GOVERNANCE AND GOVERNANCE DOCUMENTS
A.Definition of Governance – Governance shall be described as any authorized action in which the business of AEEA is undertaken by and for the membership.
B.Governance Documents – All types and classes of governance shall be conducted in accordance with the Governance Documents. These shall be as follows, in the order of their rank and precedence:
1.These Bylaws and;
2.The Standing Rules
C.Scope of Governance Documents
1.The Bylaws are the blueprint for the representative policy making machinery and related organizational structure of AEEA. Custody over the bylaws is delegated to the Representative Council except as other wise directed by the active membership.
2.The Standing Rules are the means by which the daily business of AEEA is accomplished. They shall have the purpose of implementing the bylaws and policies of the Representative Council. Custody over the Standing Rules is delegated to the Executive Board except as otherwise directed by the Representative Council.
D.Availability of Governance Documents and Record of Proceedings – Copies of the Governance Documents and Record of Proceedings (minutes) of the AEEA governance bodies shall be readily available to the Active and Associate members at the Association office.
E.Amendments to the Standing Rules – The Executive Board shall have approval authority for amendments to the Standing rules as follows:
1.By majority vote, the Executive Board may propose, or the Representative Council may direct an amendment to the Standing Rules at any meeting.
2.The proposed or directed amendments shall be subject to adoption by a two-thirds (2/3) recorded vote of the Executive Board at any meeting thereafter.
F.Parliamentary Authority – Where not otherwise prescribed within the governance documents, the latest edition of Robert’s Rules of Order, newly revised, latest edition, shall be the prescribed authority for the conduct of the meetings of the AEEA governance bodies.
XXI.AMENDMENTS TO THE BYLAWS
A.Amendments to the Bylaws – The Representative Council and/or the Active membership shall have approval authority for amendments to the bylaw as follows:
1.By majority vote, the Executive Board or Representative Council may propose an amendment to the Bylaws during any meeting.
2.At least thirty (30) days notice to the Active membership shall be required prior to final consideration of the proposed amendment by the Representative Council.
3.The proposed amendment shall be debated, and may, by majority vote, be amended in any manner which does not increase its scope or impact, prior to the final vote in the Representative Council. The Council may, by majority vote refer amendments to a Referendum General Election for final decision by the Active membership whenever such amendments are deemed to be substantial in nature. If acted upon directly by the Council, at least two-thirds (2/3) of those voting in a counted vote at a valid meeting shall be required for approval of the amendment.
4.Unless a later date is specified, amendments shall be effective immediately upon their approval by the Representative Council or the Active membership in a Referendum General Election.
XXII.INTERPRETATION OF THESE BYLAWS
A.Step 1 – Executive Board – Whenever a member, or group of members has a question related to the interpretation of these bylaws, the question shall be taken to the Executive Board, which shall through Minute action, make a decision as to how the bylaws would be interpreted.
B.Step 2 – Representative Council- In the event that the member, or group of members is not satisfied with the decision of the Executive Board, the issue may be appealed to the Representative Council regularly scheduled meeting, or at a specially called meeting if the next regularly scheduled meeting does not occur within forty-five (45) days of the decision of the Executive Board at Step 1. The Representative Council shall hear presentations from the Executive Board and from the member, or group of members making the appeal, and shall, by Minute action, make a decision regarding the interpretation of the bylaws.
XXIII.CONTRACT WAIVER INTERNAL PROCEDURES FOR IMPLEMENTING CONTRACT ARTICLE 14
A.Before beginning this process, schools must get District approval and submit the District form with the AEEA application form. ACSD and AEEA must both agree.
i.Following the approval by the District, requests for an individual school waiver of Article 7 of the collective bargaining agreement may be submitted to AEEA. The school must demonstrate how the proposal is designed to improve the teaching and learning process. It will include a process to evaluate the effectiveness of the plan.
ii.This waiver will be site and time specific and will not exceed one year.
iii.If the affected group is grade level or track, 100% must agree. If the project affects an entire school, 80% of the school must agree to go along with the decision.
iv.The scope of proposals for innovations which impact the Collective Bargaining Agreement are limited to Article 7.
v.The written proposal must include:
2.A description of the proposed innovation
3.The parties at school site impacted by the proposed innovation
4.Timelines for implementation not to exceed one year
5.Any staff development needs
6.Evaluation and review process
7.Signature of authors
8.Waiver will be site and time specific not to exceed one year
b.AEEA Rep Council
i.All new waivers and renewals must be submitted to the AEEA Executive Board for implementation.
ii.After all requirements are met which are outlined in Subsection (c) (see below) the Rep Council must approve the contract waiver by 80%. The AEEA Executive Board will notify the ACSD Superintendent and the petitioner whether all requirements of the waiver project have been met.
i.A meeting will be conducted by the AEEA President or designee at the school site seeking a waiver. During this meeting the proposed changes and the specific provisions of the contract to be waived will be discussed. In addition, the discussion shall include the duration of the waiver request.
ii.The proposed waiver will be posted on the site AEEA Bulletin Board for five (5) working days. The school site will mail a copy of the waiver proposal to affected off track teachers.
iii.A secret ballot vote conducted by AEEA will be taken by any unit member affected by the contract waiver. If the affected group is a grade level or a track, the waiver request must be approved by 100% of the unit members and approved by 80% of the unit members if the waiver affects the entire school or a larger group than a specific worksite.
iv.If the Site Specific Contract Waiver is approved by AEEA and the district, it shall be approved for one longer than one year for a specific worksite.
i.A school may renew a waiver request and must include in its application evidence from its evaluation that the waiver resulted in improved student achievement. AEEA will confirm the approval of the affected unit member wishing to continue the waiver as outlined in Subsection (c)(iii) (see above). All procedures outlined Subsections (b) and (c) will be followed before reinstatement. This includes the secret ballot of the affected members ad approval by the rep council.
ii.Criteria for renewal approval would include improvement in STAR Testing scores and other multiple measures. Upon affirming those conditions, the AEEA will automatically reinstate the waiver.
The Anaheim Elementary Education Association (AEEA) strongly supports improvements in education for students of the Anaheim City School District. Moreover, AEEA understands that occasions may arise when limited waivers for the Agreement between the Anaheim City School District and the AEEA are needed to allow a school site to pilot new innovations for a specified period of time. To that end, AEEA adopts this limited contract waiver procedure.
AEEA REPRESENTATIVE COUNCIL AND EXECUTIVE BOARD MEET ONCE A MONTH. WE WILL TRY TO EXPEDITE ALL REQUESTS, BUT WE ARE LIMITED BY MEETING TIMES.