I. NAME AND LOCATION

The name of this Association shall be the Association of Colton Educators/CTA/NEA in San Bernardino County.

II. PURPOSES

The primary purposes of this Association shall be:

A. To represent its members in their relations with their employer, and to seek to be the exclusive representative of appropriate units of school employees in all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment;

B. To serve as the vehicle through which the membership can develop written policies and legislative goals for the best possible conditions of educational service and program within the Colton Joint Unified School District;

C.To provide an opportunity for continuous study and action on problems of the profession;

D. To promote representation for its ethnic-minority members;

E. To promote professional attitudes and ethical conduct among members;

F. To encourage cooperation and communication between the profession and the community; and

G. To foster good fellowship among members.

H. By continually representing the membership, both individually and collectively, in matters arising out of the interpretation and application of policies and laws before officials having jurisdiction in any way over the educational service of a member or members within the Colton Joint Unified School District.

III. AFFILIATION WITH THE UNITED TEACHING PROFESSION (UTP)

A. The Association of Colton Educators is affiliated with CTA and NEA as follows:

The Association of Colton Educators is a chartered chapter of the California Teachers Association, Chapter Number 63, regular charter. The Association of Colton Educators is an affiliated chapter of the National Education Association.

IV. MEMBERSHIP

A. Active membership shall be open to any person who is engaged in or who is on limited leave of absence from professional education work, is an employee of Colton Joint Unified School district(s), and whose primary assignment is such as not to hold supervisory responsibility over other certificated employees to such an extent as not to be represented in the negotiations process by the teacher bargaining unit.

B. Classes of membership shall be Active, Staff, and Associate. Members shall not be enrolled in classes other than Active until approved by an action taken by the Representative Council or in a General Meeting.

C. Membership may be granted upon initiation of payroll deduction or upon payment of annual United Teaching Profession (UTP) dues appropriate to the class of membership.

D. The right to vote and to hold elective office or appointive position within the Association shall be limited to active members.

E. Active members shall be eligible to vote in all elections, hold elective office or appointive position, receive special services, obtain assistance in the protection of professional and civil rights, and receive reports and publications of the Association.

F. An individual who is serving as a negotiator for a public school employer shall not be eligible for membership in the Association.

G. Active members shall adhere to The Code of Ethics of the Education Profession (CTA Bylaws Article III, 5).

H. The rights to and privileges of membership shall not be abridged in any way because of age, sex, race, color, ethnic group, marital status, national origin or sexual orientation.

I. No member of the Association may be disciplined without a due process hearing, which shall include the established appellate procedure.

J. The membership year shall be that period of time from July 1 of any given calendar year through June 30 of the following calendar year, inclusive.

K. No individual member shall attain rights to any property of the Association of Colton Educators/CTA/NEA as a result of membership.

V. DUES, FEES, AND ASSESSMENTS

A. The basic annual dues level for Active members, and representation fee for non-members represented in the bargaining unit, shall be sufficient to cover the operating expenses of the Association, the dues of CTA, and the dues of NEA.

B. Each year dues shall be assessed by dues indexing at the rate of .45%, .0045 per year for the Association, of Step I, Column I of the salary schedule. Any increase in dues beyond .0045 shall be approved by a majority vote of ACE members voting in an election.

C. Representation fees shall be apportioned on the same percentage basis as the full United Teaching Profession dues.

D. Membership in a given class or category shall be continuous after initial enrollment until delinquent or until a change in professional status shall make the member ineligible for that class or category. If by October 31 of any calendar year a member has not either paid the established annual membership dues for the current membership year, or made satisfactory arrangements for payment, then that person's membership shall be considered delinquent and the member’s status shall be changed.

E. Special assessment fees beyond normal annual dues may be levied only by a two-thirds (2/3) vote of the Representative Council following ten (10) school days notice to the Unit Members.

VI. POLICY-MAKING BODY

A. The policy-making body of the Association shall be a Representative Council. The Representative Council, comprised of members of the Association, derives its powers from and shall be responsible to the membership.

B. The Representative Council shall be composed of the following Active members:

1. Executive Board;

2. Faculty Representatives or their alternates from Local Faculty Units;

3. Any Active Member shall be entitled to be a non-voting member of the Representative Council.

C. The Representative Council Shall:

1. Establish Association policies and objectives;

2. Adopt the annual budget of the Association on or before the first meeting of the school year;

3. Approve the establishment or discontinuance of committees recommended by the Executive Board; and

4. Establish the dues of the Association.

5. The Representative Council shall have the authority to adopt general policies for staff employment and to make general allocations in the Annual Budget for the expenses in connection therewith.

D. The Representative Council shall meet at least once during each month; the number, place and time of meetings to be decided by the Executive Board.

E. Upon five (5) school day’s notice, special meetings of the Representative Council may be called by the President, the Executive Board, by a petition signed by one third of the Representative Council, or by a petition signed by twenty percent (20%) of the membership.

F. Special meetings of the Representative Council shall be called for a specific purpose and no business other than that for which the meeting is called may be transacted.

G. Notices and tentative agendas for all meetings of the Representative Council shall be sent to all members of the Representative Council at least two days prior to the date of the meeting.

H. For emergency meetings of the Representative Council during crisis situations, the Executive Board shall adopt procedures to notify representatives of meeting dates, places, and times.

I. A quorum shall consist of the presence at a properly called meeting of at least one Faculty Representative each from at least a majority of the Local Faculty Units, provided that at least one-third (1/3) of the total authorized voting members of the Council are present.

J. The term of service for a faculty representative should be two (2) years. After three (3) unexplained absences, the faculty representative may be replaced by their local unit. Schools with more than one representative are encouraged to stagger the terms of office.

VII. FACULTY REPRESENTATIVES

A. Faculty representatives shall be elected by and from the Active membership for each faculty group prior to the first Representative Council Meeting of the school year. Such election shall be by open nominations and by secret ballot and/or acclamation.

B. Each faculty shall be entitled to at least one representative and shall have one representative for each fifteen (15) Active Association members on the faculty or major fraction thereof after the first fifteen (15) Active Members.

C. Active members who are not represented through an individual school faculty group shall be counted as a special faculty group entitled to the same representation on the Representative Council as individual school faculty groups. Faculty units with less than five (5) members may be consolidated with an existing local faculty unit.

D. Alternate Faculty Representatives shall be elected by and from the Active Members of each Unit as necessary to serve in the event of absence or incapacity of the regular incumbent for any reason.

E. Faculty Representatives shall:

1. Conduct constant and ongoing liaison between the Representative Council and the Active members of the faculty unit;

2. Serve as the official channel through which written communications and publications can be easily and quickly transmitted between the Association and the Active members;

3. Represent the views and input of the Active membership of the faculty in votes taken in the Representative Council, conducting frequent and regular polls of such membership for this purpose; and

4. Perform such additional duties as prescribed by the Executive Board.

VIII. OFFICERS

A. The officers of the Association shall be a President, a Vice- President, a Secretary, and a Treasurer or Secretary/Treasurer, Past President, CTA State Council Representative(s) (non-voting members), and/or alternate (non-voting members), two (2) High School Directors, two (2) Middle School Directors, four (4) Elementary Directors, and one (1) Support Personnel Director.

B. These officers shall be and remain currently paid-up members of the UTP as a condition for nomination to and service in their respective positions during their terms of office.

C. These officers shall be elected by and from the Active membership of the Association. Such election shall be by open nominations and secret ballot.

D. Officers shall be elected for a term of two (2) year(s).

E. A vacancy shall be deemed to exist in the case of death, resignation, or inability to serve in any of the offices of the Association. If there is a vacancy occurring in the office of the President, the Vice-President shall assume the office. In the event a vacancy occurs in the other offices, a special election shall be held to elect successors to fill the unexpired terms.

F. The Full Time Release President shall be the chief executive officer of the Association and its policy leader. The President shall:

1. Preside at all meetings of the Association, the Representative Council and Executive Board;

2. Prepare the agenda for the meetings of the Association, the Representative Council and the Executive Board;

3. Be the official spokesperson for the Association; attend Board of Education meetings;

4. Be familiar with the governance documents of the Association, CTA, and NEA;

5. Appoint all chairpersons and members of committees, and of the bargaining team, with the approval of the Executive Board;

6. Call meetings of the Association and the Executive Board;

7. Suggest policies, plans and activities for the Association and be held responsible for the progress and work of the Association;

8. Attend meetings of the Service Center Council and UniServ of which the Association is a part, and Community Organizations selected by the Executive Board;

9. Attend other CTA/NEA meetings as directed by the Representative Council;

10. Submit a proposed calendar to the Executive Board for 185 workdays prior to July 1 of each School Year. The calendar shall accommodate single, multi, and traditional tracks; and

11. Shall make a report of activities to the Executive Board at each meeting.

12. Stipend shall be paid for days worked beyond 185, with approval of the Executive Board, at the rate $400.00 per day, not to exceed $6,000.00 per year.

G. The Vice-President shall:

1. Serve as assistant to the President in all duties of the President;

2. Assume the duties of the President in the absence of the President;

3. Be responsible for the formation and distribution of the Association's calendar of activities;

4. Shall attend Board of Education and all UniServ meetings; and

5. Serve as coordinator of committee activities at the direction of the President.

H. The Secretary shall:

1. Keep a careful and accurate record of the proceedings of each meeting, regular or special, of the Association, Representative Council, and the Executive Board; and

2. Oversee the distribution of minutes, notice of meetings, and agendas for all meetings to members of the Representative Council and Executive Board; and to the membership when appropriate.

I. The Treasurer shall:

1. Receive all funds belonging to the Association and be responsible for their safekeeping and accounting;

2. Pay out such funds upon orders of the Executive Board;

3. Prepare a written financial report for each regular meeting of the Representative Council and Executive Board;

4. Be responsible for an annual audit of the books of the Association and distributing a summary of this audit to the membership;

5. Submit membership and financial reports to CTA, NEA, and other agencies as required by law; and

6. Shall attend workshops or conferences as directed by the Executive Board or President.

7. The responsibilities of the Secretary/Treasurer shall be the same as those described above in VIII H and I.

J. The Directors shall:

1. Serve on an Association Standing committee or serve as an ACE Rep. on a District Committee;

2. Attend one (1) Board of Education Meeting;

3. Serve as liaison between the Members of local Faculty Units and the Executive Board; and

4. Serve as a liaison between site reps and administration.

K. The Past President shall:

1. Serve for a term not to exceed one (1) year after term of Office expires; and

2. Assist the Executive Board and in-coming President for continuity.

IX. EXECUTIVE BOARD

A. The Executive Board shall be composed of the officers.

B. All members of the Executive Board shall be and remain members of the UTP as a condition for nomination to and service in this position.

C. The Executive Board shall meet before each regular meeting of the Representative Council and at such other times as the President may deem necessary, or upon written petition of a majority of the members of the Executive Board.

D. The duties of the Executive Board shall be to:

1. Coordinate the activities of the Association;

2. Act for the Representative Council when school is not in session;

3. Direct the bargaining activities and grievance processing of the Association, subject to policies set by the Representative Council;

4. Approve appointments and removal of bargaining team members;

5. Recommend a budget for the Association to the Representative Council;

6. Approve Committee appointments;

7. Adopt the Standing Rules for the Association;

8. Exercise all the business and organizational powers and duties for the Association as prescribed by law and these bylaws, subject to any restrictions that may be imposed by the Representative Council;

9. Visit Local Faculty Units; and

10. Not to incur indebtedness without prior approval of the Representative Council.

E. A quorum for all meetings of the Executive Board shall consist of fifty per cent plus one (50% + 1) members of the Executive Board.

X. BARGAINING TEAM

A. The bargaining team and such alternates as the Executive Board deems necessary shall be nominated by the President and approved by the Executive Board.

B. The chairperson of the team shall be elected by and from its members.

C. The Executive Board shall adopt Standing Rules setting forth its selection procedures for bargaining team members, including terms of office and criteria for appointment.

D. Vacancies created by resignation or inability to serve shall be filled by the Executive Board from the list of alternates.

E. The Executive Board, by two-thirds (2/3) majority, may remove a member of the bargaining team and appoint a replacement from the list of alternates.

F. The duties of the bargaining team are to represent and to bargain for the bargaining unit.

G. Responsibility and authority for directing the bargaining process on behalf of the Association are vested in the Executive Board subject to policies established by the membership.

H. Employees in the bargaining unit shall be surveyed to determine contents of the proposed contract demands, and the "sunshine proposal" shall be approved by the Rep. Council.

I. The bargaining team shall report its activities to the Executive Board in such form and with such frequency as the Executive Board may require.

J. The Bargaining Team shall disseminate information regarding bargaining and the activities of the bargaining team to the general membership.

K. Agreements reached between the bargaining team and the school board or its representatives shall be considered tentative and not binding upon the Association until such agreements have been ratified by the membership in the appropriate units unless such ratification shall have been specifically waived or otherwise delegated by that membership.

XI. GRIEVANCE PROCESSING

A. The Executive Board shall adopt, with the approval of the Representative Council, the procedures for grievance processing.

B. These procedures shall include, but not be limited to, the following:

1. Provide for representation to assist all members of the bargaining unit(s) in processing grievances;

2. Training for handling grievances; and

3. Evaluation of the Association's grievance policies and procedures.

XII. NOMINATIONS AND ELECTIONS

A. There shall be an Elections Committee.

B. Elections shall be conducted with:

1. Open nomination procedure;

2. Secret ballot;

3. All members vote;

4. Record of voters receiving or casting ballots; and

5. Majority vote, unless otherwise specified.

C. State Council Representative elections shall be conducted according to CTA guidelines after the chapter or service center council has been notified by the CTA Elections Committee.

D. NEA State Delegate elections shall be conducted according to CTA guidelines.

E. NEA Local Delegate elections shall be conducted according to NEA/CTA guidelines.

XIII. GENERAL ELECTIONS

A. There shall be four (4) classes of General Election: Annual, Initiative, Referendum and Recall.

1. Annual General Election. The Annual General Election shall be the means by which the Active Membership shall elect the principal officers and directors and the representatives to the National Education Association. All votes in general elections shall be cast by secret ballot.

2. Initiative General Election. The Active Members of the Association shall retain for themselves the power of the initiative on any matter falling within the authority delegated to the Representative Council.

3. Referendum General Election. Procedures for a Referendum General Election shall be the same as for an Initiative General Election, except that a Resolution of Referendum adopted by the Representative Council shall substitute for the initiative petition.

4. Recall General Election. Recall of any elected officials may be proposed by either an Initiative Petition or Resolution of Referendum, as herein described. A statement not to exceed two hundred (200) words in length of the reasons for the proposed recall shall be part of the Initiative Petition or Resolution of Referendum. Each official involved shall have the right to make a rebuttal statement not to exceed two hundred (200) words in length, which shall also appear on the ballot. The question of recall shall be posed separately on the ballot for each person concerned.

XIV. POLITICAL ACTION COMMITTEE (ACEPAC)

A. To inform members of voting records positions of Board Members and candidates that may affect the member’s classroom, working conditions, rights and benefits.

B. To serve as a voluntary structure through which ACEPAC members may give direct and indirect financial contributions to support or oppose such as:

1. Local candidates for Board office;

2. Local issues as are deemed worthy of support (or opposition) from the standpoint of educational issues and without regard to partisan consideration.

C. It is the intent of ACEPAC to work in a cooperative manner, rather than in isolation from other district employee groups, to support our schools in an effective way.

XV. COMMITTEES

A. The following committees, except as otherwise provided in these bylaws, may be established and discontinued by the Executive Board, subject to approval by the Representative Council:

1. Health Benefits

2. Communications

3. Membership Involvement

4. Social

5. PAR

6. Scholarship

7. Calendar

8. Sick Leave

9. Outreach

B. After each committee meeting, a report shall be submitted to the Executive Board and Representative Council.

C. The President and the Vice-President shall be ex-officio non-voting members of all committees.

D. All committee members must be active Association members.

XVI. MEETINGS OF THE GENERAL MEMBERSHIP

A. Meetings of the Association may be called by the President, the Executive Board, or by a signed written petition of twenty percent (20%) of the membership or one-third (1/3) of the members of the Representative Council.

B. Notices of the Association meetings including date, place, time, and purpose of the meeting shall be made available to all members of the Association at least two days before the meeting except during crisis situations.

C. For emergency meetings during crisis situations, the Executive Board shall adopt procedures to notify the Association membership of meeting dates, places and times.

D. A quorum for meetings of the Association shall be fifty percent plus 1 (50% + 1) of the Active Membership.

XVII. PARLIAMENTARY AUTHORITY

Robert's Rules of Order, Newly Revised, latest edition, shall be followed at all meetings of the Association, the Representative Council, and the Executive Board.

XVIII. GOVERNANCE DOCUMENTS

A. The Bylaws shall be the blueprint for the Representative policy-making machinery and the related organizational structure of the Association. Custody over the Bylaws is delegated to the Representative Council except as may otherwise be directed by the Active Membership.

B. The Standing Rules shall be a written means by which the daily organizational business of the Association is accomplished. They also will be used where appropriate to implement the Bylaws and those policies of the Representative Council to which they can be applied. Custody over the Standing Rules is delegated to the Executive Board except as may otherwise be directed by the Representative Council. There shall be no other Governance Documents.

C. Copies of the Governance Documents and Record of Proceedings (minutes) of the Governance Bodies shall be readily available to members at the organization’s principal office of business and at each Local Faculty Unit. For this purpose, updated copies shall be furnished to each Faculty Representative.

XIX. AMENDMENTS

A. These Bylaws may be amended by a two-thirds (2/3) vote of the representatives at any regular or special meeting of the Representative Council. Notice in writing of a proposed Bylaws amendment shall have been submitted to the Secretary and provided to members of the Representative Council at the meeting preceding the one at which it is to be voted upon.

B. Standing Rules may be amended by the same process as the Bylaws.