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Oregon School
Employees Association
Eugene, Chapter #1
Constitution
January 3, 2001
TABLE OF CONTENTS
3.1 There shall be four (4) classes of membership
4.1 The Executive Board
4.2 Elections and Terms
4.3 All Elected Officers
4.4 Executive Board Members
4.5 Vacancies
ARTICLE V - RECALL OF OFFICERS
5.1 President, Vice-President, Secretary, and Treasurer
5.2 Area Representative or Area Representative at Large
5.3 Recall Results
ARTICLE VI - DUTIES OF THE OFFICERS
6.1 President
6.2 Vice-President
6.3 Secretary
6.4 Treasurer
7.1 Regular meetings
7.2 Executive Board meetings
7.3 Special meetings
8.1 Ratification Procedures
8.2 Benefit Changes
8.3 Officer Elections
8.5 Delegate Election
8.6 Other Secret Elections
9.1 Standing Committees
9.2 Special Committees
9.3 Composition and Duties
9.4 Term of Office
9.5 Additional Committees
9.6 Appointments, General
ARTICLE X - DUES AND ASSESSMENTS
10.1 Dues
10.2 Assessments
10.3 Officer Dues
ARTICLE XII - COMPLIANCE WITH FEDERAL LAW
13.1 Requirement
13.2 Distribution and Availability
Recognizing the need for bringing ourselves into a collective group for the purpose of achieving our objective, which include a cooperative approach among ourselves, our supervisors, administrative staff, teachers and the school community, and in order to elevate and nurture the growth and education of Eugene = s children, we, classified employees of Eugene Public School District 4J, join our efforts and aims through the formation of this organization.
This organization shall be known as the Oregon School Employees Association, Chapter #1.
2.1 To represent bargaining unit members in their employment relations with the District.
2.2 To promote cooperation and understanding among classified employees, their supervisors, and the District.
2.3 To assist members of the Association in securing occupational training as a means of improving services rendered.
2.4 To plan activities and events which promote a social fellowship among the members of the Association.
2.5 To cooperate with the state organization of OSEA in procuring, through legislative channels and other means, adequate financial provisions for the improvement of working conditions of public school employees.
2.6 To support a satisfactory retirement system for public school employees.
2.7 To initiate school board policy and policy changes which are favorable to classified employees.
2.8 To cooperate with other organizations which strive for the betterment of education.
3.1 There shall be four (4) classes of membership:
3.1.1 Active- Any member of the bargaining unit may become a member of Chapter #1 upon completion of the proper enrollment card.
A Active @ means any employee in the employ of the District or who is in any type of paid or unpaid leave of absence to include a layoff list. An active member who is on an unpaid leave of absence in excess of six (6) months is not required to pay dues, but may elect to do so and shall be a full member for all purposes during the unpaid leave of absence.
3.1.2 Inactive- A member who leaves the employment of the District will be placed on inactive status and upon reemployment will be entitled to reinstatement of membership without payment of initiation fees, if any.
3.1.3 Honorary- Any member may nominate any person, other than a chapter member, to become an "honorary" chapter member. The nomination should be made on the basis of outstanding service in education, in the District, or in some manner beneficial to the Chapter and its members.
When such a nomination is made it shall be referred to the Executive Board who shall review the recommendation and refer it to the membership at a subsequent Chapter meeting together with its recommendation to approve or disapprove the nomination. The Executive Board may make nominations on its own motion. If approved, the President shall arrange for a suitable presentation of the award.
An honorary member shall not be accorded a right to voice or vote.
3.1.4 Honorary Retired Member- Any member of Chapter #1 who retires from service while a member of the Chapter, shall be accorded an honorary retired membership.
The President shall provide for a suitable presentation of this membership.
This membership shall carry neither the right to voice nor vote. However, if it is awarded to a member who has provided outstanding service to the Chapter, the Executive Board may accord that member the right to voice which entitles the member to participate in all chapter activities, but without a right to vote on any matter.
3.1.5 The Executive Board shall arrange for suitable membership certificates for Inactive and Honorary members.
4.1 The Executive Board shall consist of thirteen (13) members - President, Vice-President, Secretary, Treasurer, the Immediate Past-President, the seven (7) Area Representatives (areas are: Sheldon, North, Churchill, South, Transportation, Facilities Management, and Ed Center), and an Area Representative at Large.
4.2 Elections and Terms
4.2.1 President
a. The President shall be elected in April of the appropriate year for a two (2) year term.
b. The President shall assume office on July 1st.
4.2.2 Vice-President, Secretary and Treasurer
The Vice-President, Secretary, and Treasurer shall be elected in April of the appropriate year for a two (2) year term. These officers shall assume office on July 1st.
4.2.3 Immediate Past-President
The Immediate Past-President shall serve in that capacity as a result of immediate previous service as president.
4.2.4 Term Limitation - President, Vice-President, Secretary and Treasurer
4.2.4.1 Officers may run for re-election and, if successful, his/her term of office will be for one (1) year.
4.2.4.2 A Vice-President who assumes the office of President because of a vacancy, will not have that time counted for the limitation, above, unless the assumption of the office is within the first four (4) months of a two year term.
4.2.5 Area Representative
The President, or his/her designee, shall call a meeting of members in the Spring of odd-numbered years for Areas: Sheldon, South, Transportation and Facilities Management; and in even-numbered years for: Churchill, North and the Ed Center. At each of these meetings the members thereof will elect an Area Representative who will commence a two (2) year term July 1.
If no Area Representative is elected, the President shall appoint, with the advice and consent of the Executive Board, a qualified person to fill the office.
4.2.6 Area Representative at Large
In even-numbered years at a meeting of Building Representatives, the President will conduct an election and the Building Representatives will elect one (1) of their number, who shall be known as the Area Representative at Large for a two year term commencing July 1.
The elected Area Representative at Large must be someone other than the Area Representative.
4.2.7 Installation
Installation of officers shall be at the end of the regularly scheduled May meeting. Whether or not installed, officers shall assume office as provided above.
4.2.8 Qualifications
All candidates for any of the offices listed in this section must, at the time of their nomination, have been a member of Chapter #1 for at least one (1) year and must have attended at least four (4) Chapter meetings during the year in which the nomination occurs and/or have actively served on committees or in other capacities in the Chapter, or a combination of both which provides indication of positive activity.
4.3 All elected officers must have been active for one (1) year prior to the date of their election or appointment to office and must continue as such during their term or forfeit the office and not be eligible for re-election during the balance of that term even though re-instated as an active member.
4.4 Executive Board Members - Meeting Attendance
Members of the Executive Board shall attend all chapter and Executive Board meetings. Unexcused absences from more than three (3) consecutive Chapter meetings or three (3) Executive Board meetings shall result in dismissal from his/her official position.
4.5 Vacancies
4.5.1 Office of the President - The Vice-President shall fill any unexpired term of the President.
4.5.2 Vice-President - shall be filled by the Executive Board with the requirement that the appointee must have nine (9) votes of the Board.
4.5.3 Secretary and Treasurer - filled by the President with the advice and consent of the Executive Board for the unexpired term.
4.5.4 Immediate Past President - shall not be filled.
4.5.5 Area Representative or Area Representative at Large - unexpired term filled by the President with the advice and consent of the Executive Board.
ARTICLE V - RECALL OF OFFICERS
5.1 President, Vice-President, Secretary, and Treasurer
If the Executive Board receives a petition bearing the signatures of at least two hundred (200) or 25% of dues paying members, whichever is the least, or at least ten (10) Executive Board members requesting that an election be held to recall one (1) or more of these officers, it shall conduct a secret ballot election from among the membership. The ballot shall read:
A valid recall petition, as authorized in Article V of the Chapter?s Constitution, having been received by the Executive Board to recall (person?s name) as (office) (and additional if more than one is subject to recall). The issue, which you must decide, is:
Shall be recalled as of the ?
(name) (office)
Yes No
Additional items if more than one (1) is subject to recall.
It requires one more vote of one-half of all votes cast to recall, for a recall to be effective. If the recall is successful, the office shall be filled as provided for in 4.5, Article IV of the Constitution.
5.2 Area Representative or Area Representative at Large
5.2.1 Area Representative
If the Executive Board receives a petition for recall of (an) Area Representative(s), it must contain the signatures of at least seventy-five (75) dues paying members within that Area or 25% of all members of the Area, whichever is least, or nine (9) members of the Executive Board. The election should be conducted as indicated in 5.1 above.
5.2.2 Area Representative at Large
If the Executive Board receives a petition for the recall of the Area Representative at Large member which contains the valid signatures of at least thirty percent (30%) of all Building Representatives or nine (9) members of the Executive Board, it shall conduct an election among Building Representatives as indicated in 5.1 above.
5.3 Recall Results
5.3.1 The recall results will be posted in the next available chapter newsletter and the President shall cause Building Representatives to post the results at work sites.
5.3.2 If a person is recalled from an office, he/she shall cease to function in that office immediately following the counting of the ballots by the proper committee.
ARTICLE VI - DUTIES OF THE OFFICERS
6.1 President
The President shall preside at all meetings of Chapter #1 and shall preside at all meetings of the Executive Board. He/She shall enforce the usual parliamentary rules and shall appoint committees as deemed necessary by the constitution of the chapter for the accomplishment of the purposes of the chapter. He/She shall be an ex-officio member of all committees of the chapter and may attend meetings of the committees. He/She shall supervise and be responsible for all officers and committees in performing their duties and shall enforce a strict observance of the constitution of the chapter. He/She shall maintain a continuous study of the problems confronting the chapter and shall keep the chapter informed of the results of any studies. He/She shall prepare information reports for the chapter newsletter in order that all members may have full information of the activities of the Association.
The President may appoint a Chaplain, Sergeant-at-Arms, and/or Parliamentarian.
The President will be paid an amount to be proposed by the Budget Committee to defray expenses incurred by his/her office to include mileage and other expenses. This amount will be included in the annual budget which is approved by the general membership. This is not intended to cover such expenses as relates to being a delegate to the Association Annual Conference or other out-of-town requirements.
6.2 Vice-President
The Vice-President shall perform the duties of the President in the President = s absence or incapacity to serve and shall serve on such committees to which appointed and perform other duties as directed by the President.
6.3 Secretary
The Secretary shall record (or cause to be recorded) the minutes of the Executive Board meetings and shall keep an accurate record of all proceedings of the regular meeting of the chapter. He/she shall send and receive correspondence for the chapter.
6.4 Treasurer
6.4.1 The Treasurer shall keep accurate account of all money received and pay all bills authorized by the Executive Board. All checks and savings withdrawals shall be signed by the Treasurer and the President, or in the absence of either, by the Vice-President. The Treasurer shall participate in the drafting of the yearly budget.
6.4.2 Whenever the Treasurer vacates the office, and at least annually, the President shall cause the books and records to be audited (as of June 30 or the date the Treasurer vacates the office) as required in 9.3.2, Article IX of this constitution.
6.4.3 At each regular meeting of the Executive Board the Treasurer shall present a report as outlined in Board policy. The report, when reviewed and approved by the Executive Board, shall be presented at the following chapter meeting.
7.1 Regular meetings of the chapter shall be held monthly in a centrally located place. The time and place of each meeting will be noted in the chapter newsletter. Ten (10) members shall constitute a quorum. Meetings may be canceled only by the Executive Board.
7.2 Executive Board meetings shall be held monthly. The time and place of each meeting will be announced at the regular meetings of the Association. It shall require 50% plus one (1) of current serving Executive Board members to constitute a quorum.
7.3 Special meetings may be called by the President or the Executive Board with an appropriate notice to all members of the Executive Board.
7.4 Parliamentary Procedure-Robert = s Rules of Order, Newly Revised , shall be the basis of the procedure for all committee and chapter meetings except as may be otherwise provided for in this constitution.
8.1 Ratification Procedures
8.1.1 Re-negotiated Contract
8.1.1.1 Notification
8.1.1.1.a Not less than ten (10) days prior to the date of the contract ratification meeting, the Executive Board shall insure that all bargaining unit members receive a notice of the date, place and time of the meeting. A confidential information packet containing all of the proposed contract changes and explanation of the changes will be sent to all bargaining unit members, not less than seven (7) days prior to the ratification meeting. This information packet will remain confidential to all bargaining unit members until after the ratification election.
8.1.1.1.b Benefit cost information: The information packet shall also include a benefit information section which states the current and projected annual benefit costs for the length of the proposed contract, and the increase(s) if any, of the district contribution, compared with the known or projected costs. The section = s format shall be in the A cost per employee per month @ format wherever possible, using status quo benefit package design for costs. Any costing changes as a result of reduction in benefits shall be clearly stated as a reduction in benefits. Yearly changes in the dollar amount of the cost to be paid by the member shall be clearly identified. If any reserves or other sources are used, the section shall include the dollar amount, and the cost impact on members when these sources are depleted.
8.1.1.1.c The Executive Board shall determine whether the ratification election is to be held at the conclusion of the meeting called to discuss the content of the proposed contract or is to be conducted at each work site at a subsequent date. If it is to be a work site election, the Board shall cause the notification to so note.
8.1.1.2 Meeting and Election
8.1.1.2.a All members of the bargaining unit will be eligible to attend and participate in discussions and debate relating to the proposed contract.
8.1.1.2.b When the President determines that sufficient discussion and debate has occurred to insure reasonable presentation of pros and cons, he/she shall declare discussion closed and shall cause all non-members to be excused from the proceeding.
8.1.1.2.c When the meeting is cleared of those ineligible to vote, except for the OSEA representatives, the President shall accept a motion to ratify the agreement which shall not require a second.
The President then may permit limited debate but dealing only with whether or not the contract should be ratified, and not with the provisions thereof which were previously discussed or debated. When the President orders debate closed or a motion to end debate has been approved, each eligible member will be permitted to vote, by secret ballot, yes or no, on the ratification.
8.1.1.2.d The President will appoint a Tabulating Committee who shall count the ballots within 24 hours, and certify the results to the President. The President shall cause the results to be announced.
8.1.1.3 Work Site Elections
8.1.1.3.a The President, with the advice and consent of the Executive Board, shall prepare for a secret ballot election to be conducted at each work site. Ballots shall be placed in a sealed ballot box, transferred on the date of the election to the site designated for the Tabulating Committee (appointed by the President and consisting of a Chair and four (4) members), tabulated and the results certified to the President who shall cause the results to be announced.
The election procedures shall insure that a challenged ballot can be, if necessary, retrieved, but shall otherwise insure a secret ballot.
8.1.1.3.b Ratification of Changes to Contract During Term of Contract
8.1.1.3.b. i Authority - The Executive Board is granted authority to effect changes in the contract that may be needed and that have been agreed to by the Union and the District, unless --
8.1.1.3.b. ii Major Changes - The changes are major and substantive, in which case the President, with the advice and consent of the Executive Board, will prepare for a ratification meeting and election in much the same manner as for a re-negotiated contract.
8.1.1.3.c Approval - It shall require a simple majority to ratify a renegotiated contract or to ratify changes there to either as a result of the vote required of the membership or the Executive Board, whichever is applicable.
8.1.1.3.d Ballot Destruction
8.1.1.3.d. i At the regular chapter meeting following a ratification vote, the President shall call for a motion to destroy the ballots and, if approved, they will be destroyed, unless --
8.1.1.3.d. ii A challenge has been issued to one or more ballots and those challenges, if sustained, could affect the outcome of the election. In such a case, the Secretary shall retain the ballots for ninety (90) days or to the time challenges are properly disposed of, whichever is later.
8.2 Changes in benefits
Any changes in employee benefits outside of ratification votes must be approved, modified, or denied by the Executive Board at a meeting that is open to all members.
8.2.1 Not less than seven (7) days prior to the date of the meeting, the Executive Board shall ensure that all bargaining unit members receive a notice of the date, place, time, and agenda of the meeting.
8.2.2 The agenda shall include each proposed benefit change, or options for benefit changes.
8.2.3 Members in attendance shall be allowed time for comments and questions. Each proposed change shall be discussed and voted upon separately by roll call vote. The roll call vote showing how each Executive Board member voted on each proposal, as well as the resulting benefit changes, shall be printed in the next issue of the chapter newsletter.
8.3 Officer Elections
8.3.1 The election of the President, if applicable, Vice-President, Secretary and Treasurer shall be by secret printed ballot to all members. In the event of an uncontested election, no election shall be required. Uncontested candidates will assume office as if elected, or re-elected.
8.3.2 Write-in candidates are not permitted. If a write-in is made by a voter, it shall invalidate the vote for that office; but if a multiple office ballot is used, it shall not invalidate votes recorded for other offices.
8.3.3 Election of Area Representatives and Area Representative at Large shall take place at the appropriate meeting and the method of balloting shall be determined at that meeting and by that constituency.
8.3.4 A plurality only shall be required to elect any officer.
8.4 Delegate Election
8.4.1 Delegates to the Annual OSEA Conference will number up to that amount authorized in the OSEA Constitution.
8.4.2 The President, Vice-President, Secretary, Treasurer and Past President will automatically be delegates to the Annual Conference.
8.4.3 All other delegates and alternates will be elected or appointed at the April membership meeting in accordance with adopted policy.
8.4.4 Delegates to the Annual Conference must have been OSEA members for at least six (6) months prior to their designation as delegates and must have attended at least three (3) chapter meetings and/or actively served on committees or in other capacities in the chapter during the fiscal year.
8.5 Other Secret Elections - Where a secret election is required herein or elsewhere in this constitution, it shall generally follow the provisions of 8.1, above, unless specific language exists to the contrary.
9.1 Standing Committees
9.1.1 Examples of standing committees are: Scholarship, Membership, Legislative, Joint Benefits, Sick Leave Bank, and Pay Grade Evaluation.
9.1.2 If the need exists, the Executive Board may create or abolish a standing committee. If it does so, it shall announce its action to the membership indicating that its action modifies 9.1.1, above, and not withstanding any other requirements of this constitution that action shall amend.
9.2 Special Committees
9.2.1 The following shall be chapter special committees: Audit, Negotiating, Nominating.
9.2.2 The President, with the advice and consent of the Executive Board, or the Executive Board can create such special committees as may be necessary to carry out the goals of the chapter. At that time, the Executive Board shall specify the composition of the committee, its duties, and the time lines for its required actions.
9.3 Composition and Duties
9.3.1 The composition and duties of all committees, standing and special, shall be set by the Executive Board and outlined in the Chapter Policy Handbook. Exception: The Audit and Nominating committees.
9.3.2 The Audit Committee
9.3.2.1 The committee will consist of at least three (3) members appointed by the President with the advice and consent of the Executive Board. At least one (1) of the members of the committee will have familiarity with general bookkeeping and audit procedures.
9.3.2.2 The committee will be appointed within a month before the close of each fiscal year. With the cooperation of the Treasurer, the committee shall review all books of the chapter to insure that all funds received and disbursed by the chapter have proper authorization for each transaction, follow constitutional requirements, and generally accepted accounting practices.
9.3.2.3 The committee will complete its audit and forward its report to include any recommendations it may wish to make, to the Executive Board not later than the thirtieth (30th) of September.
When the committee presents its report to the Executive Board, its work is completed and it is dissolved unless the Executive Board extends its life for a specific purpose and time.
9.3.2.4 If the Treasurer leaves that office at any time other than at the end of the fiscal year, the President shall immediately appoint an audit committee to audit the records as of the date the Treasurer left. The committee will render its report within thirty (30) days of its appointment and render its report to the Executive Board. Committee appointments are not subject to Executive Board advice and consent, but should be ratified by that body.
9.3.2.5 The Executive Board may call for a professional audit at any time.
9.3.3 Nominating Committee
9.3.3.1 Composition - The President will appoint, at the appropriate time, a committee to prepare a slate of officers for the April elections.
9.4 Term of Office
The term of office of the Chair and members of each committee shall commence at the time of appointment and end at the conclusion of the President = s term of office unless otherwise specifically provided for, in this constitution or Chapter Policy, or unless re-appointed by the incoming President.
9.5 Additional Committees
The President, with the advice and consent of the Executive Board, or the Executive Board may appoint such additional special committees as may be necessary to carry out the goals of the chapter. Such committees shall consist of a Chair and members in numbers determined at the time the committee is created. When created, the charge to the committee will be given and a time provided in which the committee will complete its work.
9.6 Appointments, General
9.6.1 The Chair and members of all committees will be appointed by the President with the advice and consent of the Executive Board, unless specific provisions provide otherwise.
9.6.2 Area representatives shall assist the President by submitting the names of qualified candidates for positions in his/her area, but the President need not appoint those recommended.
ARTICLE X - DUES AND ASSESSMENTS
10.1 Dues
10.1.1 State Association - is that amount which has been set by the State Association and is deducted for each working month.
10.1.2 Chapter - Chapter dues shall be as established in 10.1.3, below.
10.1.3 Chapter Dues Changes
10.1.3.1 Changes in chapter dues may be proposed either (1) upon the recommendation of the Executive Board or, (2) by a motion made and passed at a regular or special chapter meeting.
10.1.3.2 Any proposal for changes must be announced in two (2) consecutive issues of the chapter newsletter and posted on employee bulletin boards, where those are available, for at least thirty (30) days prior to the date the proposal is to be acted upon.
10.1.3.3 Voting will be by secret ballot and conducted essentially as provided for in 8.1 Article VIII (Elections). Procedures for voting will be outlined on the employee bulletin board notice.
10.1.3.4 A simple majority of those balloting will be required for a change in chapter dues.
10.2 Assessments
10.2.1 Assessments, generally
10.2.1.1 No assessment may be levied by the chapter on its members unless such assessment has been approved by a two-thirds (2/3) majority of the members present at a regular or special chapter meeting held at least thirty (30) days after it has been published in the chapter newsletter. It should also be posted on bulletin boards at least two (2) weeks before that meeting.
10.2.1.2 Death Benefit - Notwithstanding 10.2, above, the establishment of a Death Benefit must be approved by the membership at large, and, if approved, can only be removed by a vote of the membership at large.
10.3 Officer Dues
On or before July 1st of each year, the dues paid, both as relates to the State Association and chapter, but not as to any assessment, by the President, Vice-President, Secretary, Treasurer, and immediate Past President, shall be reimbursed to those persons who served the majority of the chapter year in each respective office.
Amendments to the Constitution of OSEA Chapter #1 must be submitted in the chapter newsletter thirty (30) days prior to the regular meeting at which they will be proposed. A two-thirds (2/3) majority of members present at the regular meeting will be required for the adoption of any amendment to the constitution.
ARTICLE XII - COMPLIANCE WITH FEDERAL LAW
All chapter business shall be conducted in accordance with the requirements of the Federal Labor-Management Reporting and Disclosure Act of 1959. In the event of conflict between provisions of the Constitution of the Chapter and the Act, the Act shall prevail.
13.1 Requirement
The Executive Board will prepare and maintain a Chapter Policy Manual which shall include, but not be limited to implementation procedures for provisions of this constitution and the outlining of such other policies governing all chapter activities that may be authorized by the Executive Board or the membership.
13.2 Distribution and Availability
13.2.1 Every member of the Executive Board shall have a current copy of the Policy Manual and shall, at the conclusion of his/her service, turn it over to his/her successor.
13.2.2 A current copy shall be maintained at each work site by the Building Representative. It shall be made available for review by any interested chapter member.
13.2.3 An updated copy will be maintained by the OSEA Field Representative.
13.2.4 The Executive Board will determine if any others should receive copies.
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