With and because of a firm and fixed faith in the educational systems of the State of Oregon, public and private, together with a desire to do our part to aid, assist and improve the same; we, the school employees, desiring to form an organization designed to elevate and improve our services rendered with a better understanding between members and the public, and to cooperate with other associations of school employees, do adopt this Constitution.
This Association shall be known as the Oregon School Employees Association, AFT Local 6732.
Section 1 - To assist the membership of the Association and those similarly situated in securing occupational training as a means of improving services rendered.
Section 2 - To promote a feeling of cooperation and understanding between employees, their employers and supervisors.
Section 3 - To cooperate with other employee associations.
Section 4 - To establish a better fellowship among the members of the Association.
Section 5 - To promote through legislative channels and other means adequate financial provision for improvement of working conditions of public and private school employees.
Section 6 - To support a satisfactory retirement system for public school employees.
Section 7 - To standardize the policies and methods of service.
Section 8 - To cooperate with other organizations which strive for the betterment of education and the furtherance of America and democratic principles.
Section 9 - To represent public and private school employees in their employment relations with their employers.
Section 10 - To address social, political and economic justice issues as they relate to workplace equity, political advocacy and union organizing.
Section 1 - There shall be no discrimination against any member, or any applicant for membership in this Association by reason of race, color, creed, sex, national origin, political affiliation, age, marital status, disability, or sexual, religious or affectional preference.
Section 2 - Active Membership — Any person employed in any phase of public or private employment within the state of Oregon and who is currently represented by this Association pursuant to the laws of this state and/or federal law shall be eligible for active membership. Active members of the Association must also be active members of the affiliated chapter chartered for their assigned bargaining unit.
- Active members in good standing shall have:
- Full voting rights in the Association at the state and chapter levels;
- The right to nominate candidates in elections and the right to seek or hold elected office or positions, including chapter, state and national officer/delegate positions;
- The right to meet and assemble freely with other members and to express any views or opinions on issues brought before the Association, their chapter or upon candidates in elections; and
- The right to attend membership meetings and to participate in deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations.
- Active membership status shall cease at such time as the member either voluntarily or involuntarily separates from employment, fails to meet the requirements of active membership in good standing or whose position is no longer eligible to be represented by the Association.
- Inactive Membership — Any active member granted an unpaid leave of absence greater than thirty (30) days, who is laid off and placed on a re-employment list or whose involuntary termination is pending appeal action by the Association through the employer, Oregon Employment Relations Board (ERB), the National Labor Relations Board (NLRB), or court action(s) as deemed appropriate and authorized by the OSEA Board of Directors shall be eligible for “inactive” membership upon monthly payment in advance by check or money order of full per capita and chapter dues required as an active member in effect at the time the leave, placement on a re-employment list or date the involuntary termination became effective. Members eligible for inactive status shall have the option to remain in any elected chapter and/or Association office or position until completion of that current term as prescribed in their chapter’s local operating procedures (constitution and/or bylaws) or the Constitution and/or written policies of the Association. Such members shall not, however, be allowed to seek re-election or hold any other elected offices or positions in the chapter or Association unless and until such member returns to paid employment status in their bargaining unit and active membership status is reinstated.
- Upon continued payment of such dues, inactive membership status shall continue until the conclusion of the unpaid leave of absence, the conclusion of the period the member is on a re-employment list, or until such time as all involuntary termination appeals have been exhausted and/or a final disposition has been rendered.
- Such members shall be eligible for Association representation in any matter appropriate to ensure their employment status, the right to voice and vote in Association affairs at any level and other such membership benefits as are afforded active members, except as provided herein.
Section 3 - Associate Membership
- Upon application and advance payment of the applicable annual dues, associate membership shall be granted to any individual who:
- Meets the requirements for active membership, but is not employed within the jurisdiction of an affiliated OSEA chapter or any other labor organization; or
- May otherwise be eligible for active membership, but who is employed in a bargaining unit represented by another labor organization and who is a fair share service fee payer in a private sector unit of such organization, or non-member of such organization; or
- Is not eligible for active membership but is interested in the promotion of the objectives of this Association.
- Associate members shall not be eligible for nor shall they be accorded any representation rights, voice, vote or other participation in Association affairs but shall, however, be entitled to receive the OSEA official publication (the Journal) and/or OSEA official electronic communications.
- Should such associate member become eligible for active OSEA membership within the jurisdiction of any affiliated chapter, they shall forfeit all rights and benefits of associate membership.
Section 4 - Honorary Membership — Upon recommendation of the Board of Directors and by a two-thirds vote of the delegates present at any Annual Conference, honorary membership may be conferred on individuals deemed deserving of this recognition. It is awarded to individuals who have provided a valuable benefit for, or service to, the Association on a statewide basis.
- Honorary membership status shall be an honorarium without voice and vote or eligibility for election or appointment to any office or position at any level of the Association.
- Former members and individuals not otherwise eligible for Association membership shall be eligible for honorary membership status. Association employees shall not be eligible for this honorarium while employed.
- Any member in good standing, the Board of Directors, a chapter or ROSE may submit an application for nomination to honorary membership. The Board of Directors shall submit any nominations deemed deserving of honorary membership directly to the Annual Conference.
- All procedures for submission of nominations, deadlines, and investigation into the merits of the candidates, shall be set forth in Board Policy.
Section 5 - Lifetime Membership — Upon recommendation of the Board of Directors and by a three-fourths vote of the delegates present at any Annual Conference, a lifetime membership may be conferred upon individuals who are or have been active members of the Association. Lifetime membership is the highest award for service that OSEA can bestow. It is awarded to individuals who have provided outstanding service on a statewide basis and who have displayed an ongoing commitment to OSEA, its members, and to the ideals of the labor movement.
- Lifetime members shall be considered members in good standing with full voice and voting rights as accorded active members and shall have automatic delegate status at any OSEA Annual or special Conference. To be eligible for any elected office or position, a lifetime member must meet the criteria as outlined in the state Constitution and/or the chapter’s local operating procedures for the office or position being considered.
- Any person who holds a lifetime membership who becomes employed by the Association shall have their voice and vote suspended as long as they remain an employee of the Association.
- Any member in good standing, the Board of Directors, a chapter or ROSE may submit an application for nomination to lifetime membership. The Board of Directors shall submit any nominations deemed deserving of lifetime membership directly to the Annual Conference.
- All procedures for submission of nominations, deadlines, and investigation into the merits of the candidates, shall be set forth in Board Policy.
Section 6 - The Association shall furnish each member in good standing with a membership card.
Section 7 - Discipline, Suspension or Expulsion – Any member who shall be charged and found guilty of conduct detrimental to the Association shall cease to be a member in good standing and may be disciplined, suspended or expelled from membership as deemed appropriate. Members who are expelled shall forfeit all rights and privileges of membership except as provided by law. Determination of any disciplinary action shall be in strict accordance with the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411), “Safeguards Against Improper Disciplinary Action,” and provisions of Association policy as appropriate.
This section shall be implemented in the following manner:
- Any active member in good standing, lifetime member or active ROSE member in good standing who was an active OSEA member prior to retirement may file written charges with the President stating the name and address of any member or officer of the chapter, the Association or the Retiree Unit (ROSE), collectively referred to as “members,” alleged to have engaged in conduct detrimental to the Association, including the date, time and place of and the specific acts constituting such conduct. Actions subject to such charges shall include but not be limited to:
- Failure to adhere to or intentional violation(s) of the Constitution and/or written policies of the Association or the local operating procedures of an affiliated chapter;
- This charge shall be restricted as applicable only to members holding elected or appointed office(s) or position(s) within the chapter, the Association or Retiree Unit (ROSE) at any time such violationoccurred.
- For purposes of this section, conduct shall be considered “intentional” if the charged members knew, or had reason to know, their conduct would violate a specific local operating procedure, Constitution or policy provision, but nevertheless engaged in such conduct.
- Misappropriation of funds or property of any chapter, the Association or the Retiree Unit (ROSE);
- Working as a strikebreaker when an OSEA-sanctioned strike has been instituted;
- Participating in a decertification attempt against any chapter or the Association in any manner;
- Acts of disloyalty to the Association which may include but not be limited to the following:
- Advocating and/or encouraging membership withdrawal from the Association of any member at any time;
- Advocating and/or attempting to bring about withdrawal from the Association of any member or chapter while holding any elected or appointed office or position within the Association at any level of the Association at the time such act(s) occurred;
- Unauthorized use or release of officer and/or membership mailing lists, including email data and telephone numbers, to other organizations or outside interests for personal gain or profit or for assisting in a disaffiliation/decertification attempt;
- The intentional and/or unauthorized misuses of any chapter or Association website;
- Conduct against the Association and its affiliated chapters or the Retiree Unit (ROSE) which likely constitutes a crime or intentional tort, including but not limited to assaulting staff, officers or other members, falsely passing oneself off as being an OSEA staff member, or falsely claiming OSEA, AFT or the Oregon AFL-CIO endorsement(s) for political or financial gain;
- Refusing to appear as a witness without good cause in response to a reasonable request from a judicial panel.
- Failure to adhere to or intentional violation(s) of the Constitution and/or written policies of the Association or the local operating procedures of an affiliated chapter;
- Charges shall not be filed that are frivolous, in bad faith or which are not supported by a substantial factual basis. If the Board of Directors determines any submitted charge(s) violates this standard, it may issue a written reprimand against the member submitting the charge(s).
- Upon receipt of a signed written complaint, the President shall cause the charge(s) to be promptly investigated and a confidential report to be submitted to a subcommittee of the Board of Directors as specified in Association policy. If the Board subcommittee finds the evidence submitted does not substantiate the charge(s), or if the charge(s) are such that do not warrant disciplinary action, it shall notify the President and the charging member, including the reasons for its decision.
- In the event the Board subcommittee finds reasonable cause to believe the charge(s) to be true, the President shall activate a judicial panel consisting of 3members appointed pursuant to Association policy which shall hold a confidential hearing at which evidence supporting the charge(s) and in defense of the charged member shall be heard. Representation by legal counsel shall be permitted and both oral testimony and documentary evidence may be introduced. The charged member shall be notified of the charge(s) via certified return receipt mail and of the date, time and place of the hearing, which shall not be sooner than 21 days after the date of the notification mailing.
- At the conclusion of the hearing, the judicial panel shall consider the evidence and any arguments related to each charge and shall by the votes of at least two (2) panel members find the charged member guilty or innocent of the charges. If the panel finds the member guilty of any charge(s), it shall then determine the penalty(ies) to be imposed in accordance with subsection (f) herein.
- The judicial panel shall submit a confidential report to the Board of Directors which shall outline the charge(s), its findings and any penalties to be imposed. A copy of the report shall be sent to the charged member via certified return receipt mail with notice the matter has been forwarded to the Board of Directors for final disposition and it may be appealed to the Board of Directors.
- The charged member may, within twenty-one (21) days of notification of the judicial panel’s findings, file a written appeal to the Board of Directors addressed to the President or Vice President if the President is the charged member. Upon receipt of an appeal, the President shall place the matter on the agenda of the next regular or special Board of Directors meeting for final action. When the matter is considered, the Board of Directors shall consider only the judicial panel’s findings and the charged member’s arguments. The charged member’s name shall remain confidential except to the Board of Directors. No appeal hearing shall be held.
- The Board of Directors shall have the authority to affirm the decision(s) of the judicial panel, dismiss the charge(s), amend the proposed penalty(ies) or order the proposed action to be effected. Members of the Board subcommittee who referred the matter to the judicial panel shall be disqualified from voting on the appeal action.
- The charged member shall be notified in writing via certified return receipt mail of the action taken and the effective date of any penalty(ies) imposed, which shall not be sooner than 5 days after the Board of Director’s final action.
- Penalties which may be imposed under this section include, but are not limited to, written reprimand, fines and/or restitution; suspension of membership rights; disqualification from holding any office or position in the Association at any level, including the Retiree Unit (ROSE), or expulsion from membership.
- A fine may not be imposed for charges submitted under Section a, above unless the offense(s) has or could have resulted in financial gain for the charged member.
- Suspension of membership rights may be imposed for a period not greater than 5 years for any 1 offense.
- Suspension of membership rights shall mean:
- Loss of all voting rights except contract ratification;
- Loss of the right to hold any elected or appointed office or position in any chapter, the Association or Retiree Unit (ROSE);
- Loss of the right to participate in the internal affairs of any chapter, the Association or the Retiree Unit (ROSE); and/or
- Loss of the right to attend meetings or other functions of any chapter, the Association or the Retiree Unit (ROSE), except contract ratification meetings affecting a suspended member’s bargaining unit.
- Any member under penalty of suspension shall retain the right to all current member benefit programs available to members generally contingent upon continued payment of all required dues.
- Any member under penalty of suspension shall have the right to resign their membership without jeopardizing their employment representation rights afforded by the Association and/or applicable law and the member shall, however, be bound by all other provisions of their collective bargaining agreement including payment of fair share service fees where applicable.
- Suspension of membership rights shall mean:
- Disqualification from holding office or positions may be imposed for a period not greater than 5 years for any 1 offense and shall include elected or appointed office or position at any level of any chapter, the Association or the Retiree Unit (ROSE), except that any member found guilty of a charge or complaint under the Constitution or written policies of the Association, and whose conduct has caused the Association to expend funds to resolve a claim regarding the conduct that was the subject of the charge/complaint, shall be ineligible from ever serving on the Board of Directors.
- Members expelled from membership shall, when applicable, retain entitlement to all rights of representation for which the Association is legally obligated and shall be bound by all provisions of the member’s collective bargaining agreement including required payment of fair share service fees when applicable.
- Any decisions of the Board of Directors shall be final and binding. Additional regulations regarding processing charges, notifications, hearings and appeal procedures shall be as set forth in Association written policy.
Section 1 - Annual Per Capita Dues. Effective September 1, 2016, the per capita dues for active members of the Association shall be assessed at the rate of 1.8% of gross annual salary (exclusive of overtime, but including longevity or step increments) in accordance with provisions set forth below. Affiliated chapters may assess additional local dues as are authorized within the chapter’s local operating procedures.
- All per capita and chapter dues required of active members shall only be paid by payroll deduction through the employer. Upon making application for active membership, the applicant shall complete and sign an OSEA membership application/payroll deduction of dues authorization form.
- The amount of annual per capita and chapter dues for each active member, as well as fair share service fees for each non-member employed in a private sector bargaining unit with fair share provisions in the collective bargaining agreement, shall be divided equally by the number of paychecks received regardless of the number of months in paid status.
- All dues and fair share service fees shall be remitted directly to the Association by the employer not later than the 30th day of the following month after payroll deductions are made. OSEA shall then reimburse the chapter for its portion of dues/fees collected within 30 days of receipt from the employer. Chapters may make arrangements with OSEA and the employer whereby chapter dues collected are direct deposited into the chapter bank account by the employer.
Section 2 - Annual Dues Exceptions
- No per capita dues payment is required of lifetime or honorary members. Such members who are or who become employed in an OSEA-represented bargaining unit shall, however, be assessed chapter dues unless exempted by provisions set forth in the chapter’s local operating procedures.
- Active members granted inactive membership status pursuant to Article III, Section 2, of this Constitution shall pay in advance directly to the Association on a monthly basis the full per capita and chapter dues that would be required of them as active members at the time of their leave of absence, layoff or involuntary termination. OSEA shall then reimburse the chapter for its portion of dues collected within 30 days of receipt from the inactive member.
- Associate members shall pay annual dues of $25 in advance. However, this dues payment will be waived if the associate member elects to receive all communications from OSEA electronically.
Section 3 - Membership in Good Standing
- Public Sector Bargaining Units - “Membership in good standing” for purposes of establishing voting rights and the right to hold office or positions shall become effective the first day of the month following the month in which payroll deduction of dues commences.
- Private Sector Bargaining Units – “Membership in good standing” for purposes of establishing voting rights and the right to hold office or positions for employees in private sector bargaining units with fair share provisions in the collective bargaining agreement who wish to convert their fair share status to OSEA active membership shall be effective upon the completion and signing of an OSEA membership application/payroll deduction of dues authorization form.
- Individual chapters may require payroll deduction of required dues for a specific additional period of time not to exceed 3 consecutive months, excluding non-paid break periods, prior to “membership in good standing” becoming effective provided such restriction is set forth in the chapter’s local operating procedures.
Section 4 - Delinquency and Resignation. Unless otherwise provided in the Constitution, any member failing to pay all required dues for the current month shall be presumed to have resigned membership and shall not be considered to be in good standing effective the first day of the following month unless there is a delay in the transmission of payroll deducted dues by the employer.
Section 5 - Assessments. No assessment(s) shall be levied by the Association on its members except by resolution at the Annual Conference. Resolutions proposing an assessment must be submitted to the Executive Director not later than February 1 and shall be published in the OSEA official publication (the Journal) not less than 60 days prior to the Annual Conference. A ⅔ secret ballot vote of the eligible voting body at the Annual Conference shall be required on any resolution to levy assessments.
Section 1 - Designation and Eligibility – Any group of employees eligible for active membership shall be designated auxiliary units hereinafter known as affiliated chapters of the Oregon School Employees Association, AFT Local 6732, upon compliance with the requirements set forth in the Constitution and written policies of the Association and applicable law. Each affiliated chapter shall share equal status, rights and responsibilities with all other affiliated chapters.
Section 2 - Charter Issuance and Continuance
- Issuance – Upon affiliation, each chapter shall be assigned a chapter number and issued its OSEA charter signed by the State President and State Secretary and shall bear the signatures of the chapter’s executive board officers at the time of issuance.
- Cause for Suspension and/or Revocation – A chapter shall retain its affiliation status as long as it fully complies with the provisions of the Constitution and written policies of the Association and the requirements of law except that the Board of Directors shall by a ⅔ vote suspend or revoke any chapter’s charter if:
- The chapter has less than 5 active members and less than 50% membership for 60 consecutive days; or
- The chapter fails to meet its financial obligations to the Association within 60 days after the due date; or
- As the result of recommendations submitted in accordance with provisions of Board Policy 445 and/or the Board of Directors finds reasonable cause to believe the chapter and/or its officers are:
- engaged in financial malpractice or corruption; b) violating the provisions of a collective bargaining agreement to the detriment of the membership or the Association;
- acting in willful violation of the chapter’s local operating procedures or the Constitution and/or written policies of the Association; or
- conducting the affairs of the chapter in such manner that directly jeopardizes the rights and interests of the membership or the Association and that such conduct cannot or will not be immediately remedied by the chapter.
- Procedures for Suspension and/or Revocation – Suspension or revocation of a chapter’s charter for reasons specified in Section 2 herein shall be subject to provisions set forth in Association policy which shall include notification to the chapter of the charges, proposed penalties and the right to appear before the Board of Directors to show cause why the proposed action should not be taken.
- At the conclusion of the hearing, the Board of Directors may dismiss the charges, amend or reduce the proposed penalties or order the action as proposed to be effected. If chapter representatives fail to appear at the hearing, the action proposed by the Board of Directors shall be ordered and the members so notified of the action taken, the reasons thereof and the effective date of such action.
- In the event penalties other than suspension or revocation of a charter are imposed, the Board of Director’s decision shall state that, if the chapter fails to comply with its decision, its charter shall be automatically suspended and an administrator shall be appointed in accordance with Section 11 herein and the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 462).
Section 3 - Local Chapter Dues – Upon affiliation and thereafter, the membership of each chapter shall determine the amount of chapter dues, if any, which shall be paid by the individual members thereof. Payment of any such dues shall include the annual Association per capita dues required for each active member. Payment of all required dues and fair share service fees, where applicable, shall be in accordance with Article IV of the Constitution.
Section 4 - Meetings – In order to conduct chapter business, chapters shall be encouraged to hold monthly chapter meetings but shall not, however, hold less than 1 meeting each quarter of the fiscal year, June 1 through May 31 inclusive. All chapter membership shall be notified in accordance with the chapter’s local operating procedures of the date, time and place of each meeting and the business to be acted upon. During months regular meetings are not held, the chapter executive board shall meet at least once to conduct any business not requiring a vote of the membership.
Section 5 - Each chapter is required to adopt local operating procedures (which may be referred to as the chapter constitution and/or bylaws) within one year of affiliation. Local operating procedures must be consistent with the Constitution and written policies of the Association and applicable law. The OSEA Chapter Governance Constitution, as adopted by the OSEA Board of Directors, shall govern chapters until local operating procedures are adopted. Chapters may adopt the OSEA Chapter Governance Constitution as their local operating procedures. Each chapter is required to submit a copy of their local operating procedures, including all modifications and changes, to the State Office of OSEA within 10 days of membership approval. Such local operating procedures, or any modifications or changes thereof, shall not become effective until approved by the Executive Director or by action of the Board of Directors on appeal. Procedures for approval and appeal shall be set forth in OSEA Board Policy.
The OSEA Chapter Governance Constitution and Guidelines for chapter use, indicating both required and optional provisions, shall be reviewed and updated as needed by the Board of Directors on an annual basis.
Section 6 - Collective Bargaining — Each affiliated chapter designated as the exclusive representative of a bargaining unit shall negotiate a collective bargaining agreement covering wages, hours and other terms and conditions of employment with the employer having jurisdiction over the employees in the unit.
- Each collective bargaining agreement, or any modifications thereto, shall be executed in the name of the Association and the chapter’s name and number.
- No collective bargaining agreement, or any modifications thereto, shall become effective unless and until properly ratified by the active members in good standing of the chapter and signed by both the appropriate representative(s) of the chapter and a staff representative of the Association.
- Prior to any ratification vote, each chapter shall, with not less than 5 days’ notice, conduct a meeting open to all bargaining unit employees for the purpose of explanation, discussion and debate prior to any voting.
- Non-members and/or fair share service fee payers in attendance shall be allowed to participate in the discussion and debate, but shall not, however, be allowed to make motions or vote.
- Additional procedures governing collective bargaining and ratification voting shall be set forth in OSEA Board Policy.
Section 7 - Audit of Financial Records — The Association’s Executive Director may require an immediate audit of the books and records of any affiliated chapter in the interest of protecting chapter and/or Association funds or assets, or to ensure proper financial disclosure and reporting as is required of an exclusive representative under applicable law. Such audit may be made by the Executive Director or designee and the chapter shall make available all records necessary to permit a total review of financial activity for the period required.
Section 8 - Reports Required
- Each affiliated chapter shall be required to provide the following reports to the OSEA State Office:
- Upon affiliation, a list of names and contact information of its elected officers and members, together with other such information required by the Association, and thereafter any changes to its officers.
- A list of names and addresses of all elected Annual Conference delegates and alternates, together with a copy of the minutes of the meeting at which such delegates/alternates were elected, signed by both the Chapter President and Chapter Secretary, not later than the deadline established by the Association.
- Each affiliated chapter shall be required to take and maintain minutes of all regular, special and executive board/committee meetings, signed by both the Chapter President and Chapter Secretary.
- Each affiliated chapter shall be required to maintain financial records of revenue and expenditures and to render a report to its membership at any regular chapter meeting signed by both the Chapter President and Chapter Treasurer.
- The records of each affiliated chapter, including minutes and all financial records, shall be preserved for at least five (5) years.
Section 9 - Officer Retirements – Any elected chapter officer who retires from employment and meets the definition of “retiree” as enumerated in Article VI, Section 4, of the Constitution may request membership approval to continue in office until the expiration of the officer’s current term of office provided the officer maintains membership in good standing for the remainder of the term.
- Approval to remain in office must be granted prior to the effective date of retirement by a secret ballot majority vote of the active members in good standing at a regular or special chapter meeting with not less than 15 days’ notice provided to the membership.
- If the request is approved, the officer shall make monthly payments in advance by personal check or money order to the Association of all required per capita and chapter dues until completion of the term. The Association shall reimburse the chapter for its portion of such dues.
- If the request is not approved, the vacancy created by the retirement shall only be filled in accordance with provisions set forth in the chapter’s local operating procedures.
Section 10 - Disbandment/Disposition of Funds – Any affiliated chapter whose charter is revoked based on a decision of the Board of Directors in accordance with Section 2 of this article, or by lawful act or a disaffiliation/decertification from the Association, shall be immediately disbanded and removed from the Association. All funds of such chapter shall be held in trust for the benefit of the Association and no expenditure shall be made therefrom for any purpose whatsoever until all monetary obligations to the Association, any per capita dues and/or payments for supplies and services are made to the Association, together with costs and attorneys’ fees incurred in receiving such amounts, if any, have been repaid to the Association. This provision shall be deemed contractual and shall be enforceable at law in equity.
Section 11 - Trusteeship – When a chapter is subject to suspension and/or revocation of charter by reason of charges set forth in Section 2 of this article, the Board of Directors is empowered to place any such chapter in a temporary trusteeship pending a hearing on the matter. Such hearing shall be conducted in accordance with Association policy not later than 30 days after imposition of the trusteeship. If, at the conclusion of the hearing, the Board of Directors fails to uphold imposition of such trusteeship by a two-thirds (2/3) vote, the appointment of the administrator shall be vacated.
- When a chapter is placed in trusteeship, temporarily or otherwise, the State President shall assume charge of the affairs of such chapter and may, with advice and consent of the Board of Directors, appoint an administrator for such purposes who shall be an OSEA member in good standing or ROSE member in good standing who was an active OSEA member prior to retirement. All actions of the administrator shall be in accordance with the Constitution and written policies of the Association and applicable law and subject to the direction of the State President. The administrator shall be bonded to safeguard the chapter’s funds and assets and for the faithful performance of the administrator’s duties.
- The administrator shall have the right, upon demand, to take possession of all funds and other assets of the chapter, including books and records for the period of the trusteeship. All such funds/assets shall be held in trust for the benefit of the chapter and shall be expended only to the extent necessary for the proper conduct of the affairs of the chapter. The administrator shall have authority to institute all necessary action to recover funds or other property of the chapter, if needed.
- When deemed necessary, the administrator may, with concurrence of the State President, suspend from office any or all of the chapter’s officers and appoint temporary officers from among the members in good standing of the chapter for the duration of the trusteeship and other such actions as in the administrator’s judgment are required to preserve the rights and interest of the chapter membership.
- Chapters in trusteeship shall retain the right to elect, by secret ballot, Annual Conference delegates provided all active members in good standing of the chapter shall be eligible for such election. Any chapter officers not suspended from office and whose position is designated as an automatic delegate in accordance with the chapter’s local operating procedures shall retain such delegate status.
- The administrator shall submit monthly reports of the administrator actions to the Board of Directors, chapter membership and the Executive Director until the trusteeship is terminated. All expenses of the administrator, including bonding, shall be paid by the Association and not by the chapter.
- A trusteeship shall be continued no longer than is necessary to remove the cause(s) for its establishment, but in no event longer than eighteen (18) months unless the Board of Directors by a two-thirds (2/3) vote extends the time period for a maximum additional six (6) months.
- Any chapter placed in trusteeship shall have the right to appeal to the OSEA Annual Conference for removal of the trusteeship only on the grounds it has been continued longer than is necessary. Reasons for the establishment of a trusteeship shall not be subject to appeal.
- When a trusteeship is terminated, either by action of the Board of Directors or the Annual Conference delegates, the administrator shall cause the election of chapter officers except for those officers whose terms have not expired and who have not been suspended from office during the period of trusteeship. The administrator shall return all funds, books, records and other assets of the chapter to the appropriate officers who shall give receipt for same. A final report of the trusteeship by the administrator shall be provided to the Board of Directors, chapter membership and the Executive Director.
- In the event the reasons for establishment of a trusteeship are not corrected within the allotted timelines as set forth herein, the chapter shall be disbanded and removed from the Association in accordance with Section 10 of this article.
Section 1 - The retiree unit of this Association shall be known as the Retired Oregon School Employees (ROSE).
Section 2 - Effective June 1, 2008, ROSE shall be a chartered retiree organization of the American Federation of Teachers (AFT/AFL-CIO) as Local 6732R.
Section 3 - Purpose
- To meet the interests and needs of OSEA’s retired members.
- To provide opportunities for retired members to remain active while utilizing their talents and expertise in helping to support OSEA’s overall programs.
- To work with local OSEA chapters to provide volunteers in assisting with mentoring, mobilizing and other chapter activities.
- To enable retirees to remain aware of PERS and the legislative measures affecting retiree issues.
- To become recognized and to participate among other retired organizations, both nationally and statewide.
- To communicate OSEA information among retired OSEA members.
Section 4 - Membership — Any retiree, formerly employed in the classified or certificated service of any public or private school district represented by OSEA or formerly employed by any public or private agency represented by OSEA and who was at one time an active OSEA member shall be eligible for active ROSE membership upon payment of applicable fees. In addition, spouses of ROSE members who themselves did not retire from the classified/ certificated service, as well as retired OSEA staff members and/or their spouses, who were active ROSE members as of June 30, 2009, may continue their active ROSE memberships upon payment of applicable fees.
Spouses of ROSE members who themselves did not retire from the classified/ certificated service and who were not active ROSE members as of June 30, 2009, shall be eligible for ROSE membership as an auxiliary member, which shall carry no voting rights or rights to hold any elected/appointed office.
A “retiree” shall be defined as:
- any person who has withdrawn from employment under the terms and conditions for retirement in the bargaining unit’s collective bargaining agreement; or
- who is qualified for or is receiving a monthly pension allotment from the Public Employees Retirement System (PERS) or other qualified pension plan; or
- a person who has withdrawn from employment and, even though not a member of PERS or any other qualified pension plan, is of such age and/or disability that they would be eligible for retirement under the Public Employees Retirement System.
ROSE members in good standing shall be assigned to the zone in which they worked upon retirement, but may request placement in any other zone in which they either worked, lived or currently reside.
ROSE members in good standing shall be eligible for participation in special services, insurance and other membership benefit programs as may be made available to retirees and shall receive the Association’s official publication as well as such other publications approved by the Board of Directors.
Section 5 - Retired (ROSE) Return to Employment Dual Membership — Any active ROSE member who returns to employment in a unit represented by OSEA and performs duties of a nature customarily performed by OSEA unit members may opt to remain an active member under the terms of Article III, Section 2, with all rights and responsibilities associated with active membership, except as provided herein. Rights of dual membership shall continue for the period of reemployment only.
Active ROSE members who opt for this dual membership status shall be eligible for election to offices or Conference delegate positions in the Association, the bargaining unit in which they are employed and the retiree unit. Limitations to dual membership shall be in delegate status. A dual membership member may only serve in one delegate position. To be eligible for any elected office or Conference delegate position, a dual membership member must meet the criteria as outlined in the Association Constitution or the chapter’s local operating procedures for the office or delegate position being considered.
Active ROSE members, pursuant to this section, shall pay the appropriate full OSEA and chapter dues, in addition to maintaining their ROSE membership fees with the State Association, for the period of their reemployment. The member shall maintain active status in both the State Association and ROSE.
Section 6 - ROSE Executive Committee — The ROSE Executive Committee shall be comprised of a Chair, Vice Chair and Secretary-Treasurer, all of whom shall be elected from and by the active ROSE membership for a term of two years or until their successors are elected. The Chair and Secretary-Treasurer shall be elected in even-numbered years, and the Vice Chair shall be elected in odd-numbered years. Elected officers shall assume their duties effective July 1.
The ROSE Executive Committee officers shall be counted as voting delegates at the OSEA Annual Conference.
The Chair of the ROSE Executive Committee shall be an automatic delegate to the biennial convention of the American Federation of Teachers (AFT/AFL-CIO). Should the Chair be unable to attend, the Vice Chair of the ROSE Executive Committee shall serve as the alternate. Should neither the Chair nor Vice Chair be able to attend, the Secretary-Treasurer of the ROSE Executive Committee shall serve as the alternate.
Duties of the ROSE Executive Committee officers shall be enumerated in OSEA Board Policy.
Section 7 - ROSE Membership Meetings — ROSE membership meetings shall be held quarterly during the fiscal year and shall be open to any ROSE member. At least two Executive Committee officers and a majority of ROSE Zone Coordinators must be present to constitute a quorum.
Section 8 - Executive Committee Officer Elections — Nominations and a mail ballot election shall be conducted not later than May 1 of each year. Only active ROSE members in good standing for the year preceding the election, and who were active OSEA members prior to retirement, shall be eligible for election. The mail ballot shall provide for write-in candidates who must meet the eligibility requirements to run for elected office. It shall require a plurality vote to elect. In the event of a tie vote, determination shall be by lot. Rules and procedures for the election of ROSE Executive Committee officers shall be set forth in OSEA Board Policy. All candidates for ROSE officer positions shall comply with OSEA Campaign Guidelines as set forth in OSEA Board Policy.
Section 9 - Filling of Vacancies — Should any Executive Committee officer position become vacant during the officer’s term of office, a special election shall be held immediately pursuant to the procedures and requirements set forth in Section 8 of this article.
Section 10 - ROSE Zone Coordinators — The retiree unit shall have seven Zone Coordinators appointed by the OSEA State President, with the advice and consent of the OSEA Board of Directors. Term of appointment shall be for 2 years or until their successors are appointed, with coordinators in Zones 1, 3, 5 and 7 appointed in odd-numbered years and coordinators in Zones 2, 4 and 6 appointed in even-numbered years. Nothing shall preclude reappointment to succeeding terms. In the event a specific zone has no assigned active ROSE members or active ROSE members who are willing or available for appointment, that Zone Coordinator position shall remain vacant.
Zone Coordinators shall attend all quarterly ROSE membership meetings and report on the activities in their specific zone. Zone Coordinators who have missed more than one quarterly meeting without being excused by the OSEA State President shall be relieved of their appointment. In this event, the position shall be deemed vacant and will be filled by the OSEA State President, with the advice and consent of the OSEA Board of Directors.
Zone Coordinators serve as coordinators for all retiree functions within assigned zones and shall work in partnership with OSEA Zone Directors in promoting the ROSE program. Other specific duties of Zone Coordinators shall be enumerated in OSEA Board Policy.
Section 11 - OSEA Annual Conference — A maximum of ten delegates, consisting of ROSE Executive Committee officers and one elected delegate from each zone, shall represent the retiree unit (ROSE) as voting delegates at the OSEA Annual Conference.
All zone delegate/alternate positions shall be elected by mail ballot conducted within each zone prior to May 1 of each year. Only active ROSE members in good standing for the year preceding the election and who were active OSEA members prior to retirement shall be eligible for election as a ROSE zone delegate. In the event a zone delegate is not elected in a specific zone, that zone delegate position shall remain vacant. Rules and procedures for the election of ROSE zone delegates and alternates shall be set forth in OSEA Board Policy. Candidates for ROSE zone delegate positions shall comply with OSEA Campaign Guidelines as set forth in OSEA Board Policy.
Delegates from ROSE shall have full voting rights on all business brought before the delegate body with the exception of resolutions involving dues and/or assessments and the OSEA budget. ROSE zone delegates may only vote in OSEA Zone Director elections for the specific zone in which they are assigned as a ROSE member.
Section 12 - Membership Fees — Membership fees can only be increased or decreased by resolution and passed by a two-thirds majority vote of the voting body present at any regular Conference.
Membership fees of the retiree unit (ROSE) shall be an annual fee payable in advance as follows:
- Single membership: $20
- Single life membership: $150
- Single life membership 65+ years of age: $120
- Married couple: $25
- Married couple life membership: $250
- Married couple life membership
- (one or both 65+ years of age): $200
Section 13 - Budgetary Control — The ROSE fiscal year shall be June 1 through May 31. A line item account detailing income and expenditures for ROSE shall be maintained in the OSEA annual budget. Provisions for expenditures, fundraising and other funds, accounts and procedures applicable to ROSE shall be prescribed in OSEA Board Policy.
ROSE shall have their financial records and books audited each year and a copy of such audit shall be provided to the OSEA Board of Directors and shall be made available to any ROSE member upon request.
Section 1 - Geographical regions called zones shall be established consisting of a minimum of 10 and a maximum of 30 affiliated chapters, which shall each have a Zone Director who shall represent their zone membership and serve on the Board of Directors.
Section 2 - Association zones shall consist of affiliated chapters located in the following counties:
- Zone I: Clatsop, Columbia, Tillamook, Washington and Yamhill, and chapters located in Multnomah County not assigned to Zone II;
- Zone II: Clackamas, Gilliam, Hood River, Multnomah, Sherman and Wasco;
- Zone III: Benton, Lincoln, Linn, Marion and Polk, and chapters located in Yamhill County not assigned to Zone I;
- Zone IV: Coos, Curry and Lane, and chapters located in Douglas County not assigned to Zone V;
- Zone V: Douglas, Jackson, Josephine and Klamath;
- Zone VI: Crook, Deschutes, Grant, Harney, Jefferson, Lake and Wheeler; and
- Zone VII: Baker, Malheur, Morrow, Umatilla, Union and Wallowa.
Section 3 - Effective January 1, 2020, there shall be 5 year periods for the Association to assess its zone representation ratios in the event there has been at least a 20% total increase or decrease in represented bargaining unit employees and/or represented chapters decrease below 10 or increase above 30 in any zone(s) during the first 3 years of any 5-year period. If such an increase or decrease occurs, in the 4th year of that 5-year period, the President shall, with the advice and consent of the Board of Directors, appoint a Reapportionment Committee consisting of 1 activemember in good standing from each zone immediately following the Annual Conference. The President shall appoint the committee chair from among the committee members. No member of the Board of Directors shall be appointed to or serve on this committee.
Section 4 - If deemed necessary by the Board of Directors, the Board of Directors may convene the Zone Reapportionment Committee at any time to review the appropriateness of the existing zone structure.
Section 5 - It shall be the sole duty of this committee to review, research and determine the proper ratio of represented employees and number of represented chapters currently assigned to each zone in order to establish the most equitable balance possible, in accordance with Section 1 above, with consideration taken for weather, geographical obstacles and the Annual Conference chapter delegate allocation.
- Prior to beginning its work, the President shall meet with and provide the committee direction and clarity of purpose.
- The Association shall provide any data, information and resources deemed necessary by the committee in order to research, analyze and reapportion existing zones; create new zones; or eliminate existing zones when needed to attain balance.
- During the course of its work, the committee shall seek input and suggestions from the Board of Directors.
Section 6 - The committee shall submit its final recommendations to the Board of Directors no later than October 1 in the fifth (5th) year of any cycle. The Board of Directors shall take action on the recommendations at a regular or special Board meeting which shall be open to the membership. Any action to adopt or reject the committee’s recommendations shall require a ⅔ vote of the Board of Directors. Any committee recommendations for reapportionment adopted by the Board of Directors shall become effective the following January 1, except as provided in Section 7 below.
- The President shall notify all members whose chapters are affected by a reapportionment immediately following approval by the Board of Directors.
- No chapter of which the current Zone Director is a member shall be assigned to a different zone until after conclusion of that Zone Director’s term of office.
Section 7 - In the event any changes affecting current zones are approved, or if a new zone is approved, the Board of Directors shall prepare and submit a resolution to the Executive Director no later than the following February 1 to amend the Constitution. Such resolution shall contain all necessary provisions to incorporate any additional zone(s) and/or changes affecting current zones.
- Such resolution shall be scheduled for action during the first business session of the Annual Conference prior to any required officer nominations and shall, upon adoption, become effective immediately.
- Except as otherwise provided in Article IX, Section 1, of the Constitution, a Zone Director elected to a new even-numbered zone in an odd-numbered year or a Zone Director elected to a new odd-numbered zone in an even-numbered year shall only be elected and serve for a 1 year term of office. Any subsequent elections and terms of these Zone Director positions shall be in accordance with Article IX, Sections 1 and 2, of this Constitution.
Section 1 - Composition — The Board of Directors of this Association shall be composed of a President, Vice President, Secretary, a Zone Director for each geographical zone, and a Past President serving on the Board in a nonvoting capacity. Between Annual Conferences of the Association, the Board of Directors shall conduct the necessary business of the Association consistent with the provisions of the Constitution and written policies of the Association and the requirements of law.
- The Past President shall be the individual who last served a full term as President and who may serve until replaced by the next eligible Past President.
- In the event the President voluntarily vacates their office for any reason or is removed from office as the result of any lawful removal action prior to completion of the prescribed term, the President shall forfeit the position of Past President until such time as the member again is elected and serves a full term as President.
- In the event the position of Past President becomes vacant for any reason, the position shall remain vacant until filled by the next President who completes a full term and is either not re-elected or chooses not to run for a subsequent term.
Section 2 - There shall be an Executive Director of the Association appointed by the Board of Directors after interviewing all qualified applicants. Said Director will have a contract to run not less than one year and not more than three years and will be evaluated at the end of each year before a contract extension is granted. The Executive Director shall carry out the duties and orders as assigned by the Conference and the Board of Directors. The aforementioned stipulations also apply to an incumbent Director.
Section 3 - Official Publication. The official publication of this Association shall be titled the Journal and shall be published as required by the Constitution and/or Board Policy each fiscal year, June 1 through May 31 inclusive. Additional issues may be published as determined by the Board of Directors. The official publication shall be sent free of charge to all members of the Association and to others approved by the Board of Directors. To all others, a subscription fee, as determined by the Finance Committee, shall be charged.
Section 4 - Conference Committee — The Conference Committee shall consist of not more than 15 members, including 2 co-chairs, appointed by the President with the advice and consent of the Board of Directors. The committee shall be responsible for ascertaining the requirements necessary to carry on the Annual Conference effectively, for ensuring all matters pertaining to the Conference are presented to the Board of Directors for appropriate action and for coordinating the daily activities of the Conference. No member of the Board of Directors shall be appointed as co-chair of this committee.
Section 5 - Credentials Committee — The Credentials Committee shall consist of 3 members, including the chair, all of whom shall be appointed by the President from among the Conference delegate body. The committee shall serve only from the date of appointment through the conclusion of the Conference. The committee shall receive and cause the examination of the credentials of all delegates and alternates to the Annual Conference and shall be responsible for the compilation and rendering of such reports as may be required to determine actual voting strength during the course of Conference. Decisions of the committee regarding delegate or alternate status may be appealed to the Conference floor where a final decision shall be made by a majority vote of the delegate body.
Section 6 - Annual Conference Appointments — During the first business session of each Annual Conference, the President shall announce the President’s appointments of the parliamentarian, sergeant-at-arms and such other special committees as needed, all of whom shall serve only from the date of appointment through the conclusion of the Conference.
A special committee consisting of 3 members may be appointed from among the Conference delegates in attendance to assist the Secretary with recording, compiling and verifying the Conference official minutes prior to publication following the Annual Conference.
Section 1 - The elected officers of this Association shall be President, Vice President and Secretary, all of whom shall be elected for three-year terms, and a Zone Director from each zone, all of whom shall be elected for two-year terms and shall continue in office until their successors are elected.
Officers shall be nominated and elected during the Annual Conference. The President, Vice President and Secretary shall be elected in alternating odd- and even-numbered years every third year of the position term. Zone Directors from Zones 1, 3, 5 and 7 shall be elected in odd-numbered years. Zone Directors from Zones 2, 4 and 6 shall be elected in even-numbered years.
All candidates for the OSEA Board of Directors shall submit the Board-approved Intent/Nomination Form to the Election Committee on or before March 1 of any election cycle to ensure their inclusion in an OSEA Journal issue published prior to Conference. Intent/ Notification to seek office, however, remains available to members through the nominating process at Conference.
All candidates for the OSEA Board of Directors shall comply with the current Board-approved Campaign Guidelines. (Board Policy Section 103)
Section 2 - Eligibility to Hold Office
All state officers must have been and still be active members in good standing as defined in Article III for at least one year immediately prior to the date of their election and continue in such active status and represented by OSEA during their term of office, or forfeit such office, except as provided in Article III, Section 2c.
Zone Directors must have been and still be active members in good standing as defined in Article III, Section 2, for at least one year immediately prior to the date of their election in a chapter within the specific zone they seek to represent and continue in such active status and represented by OSEA during their term of office, or forfeit such office, except as provided in Article III, Section 2c.
Section 3 - Election Procedure
All officers shall be elected by secret ballot majority vote of the delegates present and voting at the Annual Conference of the Association.
For the purpose of election of Zone Directors, delegates shall participate only in the nomination and election of the Zone Director who will represent their specific zone.
In the event no candidate for any office herein receives a majority vote on the first ballot, a runoff election shall be conducted between the 2 candidates receiving the most votes on the first ballot until 1 candidate receives a majority.
Voting shall also be conducted for all uncontested offices. In order to be elected, the unopposed candidate must receive a majority of votes cast. Failure to do so shall result in the office being declared vacant.
Section 4 - Filling of Vacancies
- In the event the office of President becomes vacant, the Vice President shall assume that position for the remainder of the term.
- In the event the office of Vice President becomes vacant 60 calendar days or more prior to the next Conference, the Board of Directors shall, by secret ballot majority vote, elect a Vice President from the remaining elected members of the Board to serve until the next succeeding Conference where the position shall be filled by delegate election. In the event no candidate for the Vice President vacancy receives a majority vote on the first ballot, a runoff election shall be conducted between the 2 candidates receiving the most votes on the first ballot until 1 candidate receives a majority. If the Conference election is to fill a mid-term vacancy, the Board shall provide at least 15 days’ notice to the membership of the vacancy and pending election.
- In the event the offices of President and Vice President become vacant simultaneously, the Board of Directors shall convene a special board meeting within 7 calendar days to conduct an election to fill the vacancies. The Board of Directors shall, by secret ballot majority vote, elect a President and Vice President from the remaining elected members of the Board, to serve until the next succeeding Conference where both positions shall be filled by delegate elections. In the event no candidate for the President and/or Vice President vacancies receives a majority vote on the first ballot, a runoff election shall be conducted between the 2 candidates receiving the most votes on the first ballot until 1 candidate receives a majority. If the Conference elections are to fill mid-term vacancies, the Board shall provide at least 15 days’ notice to the membership of the vacancies and pending elections.
- In the event the office of Secretary becomes vacant 90 calendar days or more prior to the next Conference, the Board shall fill the position with a qualified active member in good standing, to serve until the next succeeding Conference where the position shall be filled by delegate election. In the event no candidate for the Secretary vacancy receives a majority vote on the first ballot, a runoff election shall be conducted between the 2 candidates receiving the most votes on the first ballot until 1 candidate receives a majority. Nomination and election procedures to temporarily fill the vacancy shall be set forth in Board Policy.
If the Conference election is to fill a mid-term vacancy, the Board shall provide at least 15 days’ notice to the membership of the vacancy and pending election. If the vacancy occurs less than 90 calendar days prior to Conference, the Board of Directors shall designate an elected member of the Board to perform the duties of Secretary through the close of Conference.
- In the event the office of any Zone Director becomes vacant 90 calendar days or more prior to the next Conference, the Board shall fill the position with an active member in good standing from that specific zone, to serve until the next succeeding Conference where the position shall be filled by delegate election. In the event no candidate for the Zone Director vacancy receives a majority vote on the first ballot, a runoff election shall be conducted between the 2 candidates receiving the most votes on the first ballot until 1 candidate receives a majority. Nomination and election procedures to temporarily fill the vacancy shall be set forth in Board Policy. If the Conference election is to fill a mid-term vacancy, the Board shall provide at least 15 days’ notice to the membership of the vacancy and pending election.
Section 5 - Delegates to each Annual Conference, upon satisfying the criteria of this section, may require a "special election" to be held for any elected statewide officer or Zone Director. A "special election" as defined in subsection (c), of this section, shall be required if a resolution, submitted in accordance with the OSEA Constitution, receives the required votes as found in subsection (a) and (b). A submitted resolution must contain the position(s) for which a "special election" is being required and such submitted resolution(s) shall be scheduled for action at the Annual Conference prior to the nomination of officers.
- For the office of State President, Vice President and Secretary, a "special election" may be required by a majority vote of the voting body at the Annual Conference.
- For the office of Zone Director, a "special election" may be required by a majority vote of the voting body from the zone represented by the Zone Director.
- For the purpose of this section, the wording "special election" shall be defined as an election for a position(s) on the State Board of Directors that would not be scheduled for election at the Annual Conference but is required by a majority of voting body at Conference as specified in sections (a) and (b).
- A motion to require a "special election" must be received, in writing, by the Executive Director 45 days prior to the beginning of Conference. The Executive Director shall send notification of this motion to require a "special election" to all Conference delegates no less than 15 days prior to Conference. The submitted written motion, to require a "special election," shall include the name of the member submitting the motion, the position(s) affected by the motion, and the actual wording of the motion.