WEA Constitution & By-Laws
Basic to a dynamic association is its Constitution and By-Laws. The Constitution of the Worthington Education Association (WEA) with its origins in the beginnings of the organization provided for the traditional structure of democratic government. The Constitution and By-Laws embody the essential structure of the operational procedures of the association. This document endeavors to provide for the changing nature of more complex relationships necessary to our purposes. Some of the principles which guided the development of this document are:
- To allow the WEA to function on a professional basis with good business procedures.
- To allow for the involvement of WEA members.
- To create machinery for adequately representing all members.
- To define the function of the officers, representatives and organizational structures within the framework of the association government.
- To empower the Executive Board to act as the policy making body of the WEA.
- To expressly allow the association to act in matters of ethics, professional grievances and professional negotiations.
We accept the concept that institutions must advance to keep pace with the times. AConstitution, then, is not static but grows with a developing organization.
WORTHINGTON EDUCATION ASSOCIATION CONSTITUTION
ARTICLE I: Name
Section A. The organization shall be known as the Worthington Education Association.
Section B. The Worthington Education Association, henceforth referred to as the Association, shall maintain affiliation with and give support to the purposes of Central OEA/NEA, the Ohio Education Association and the National Education Association.
ARTICLE II: Purpose
Section A. To promote the educational objectives of the Worthington School system.
Section B. To protect the welfare and advance the interests of its members; to foster and maintain professional attitudes and behavior within the membership; and to establish and maintain a spirit of fellowship among public educators.
Section C. To serve as the official voice of public education professionals in the local community in securing and maintaining a well-balanced school program and in carrying out professional negotiations to improve professional development, morale, and security of public educators.
Section D. To establish the Worthington Education Association as the authorized representative of its membership in professional negotiations.
ARTICLE III: Membership
Section A. Membership shall be open to all certificated or licensed personnel who are members of the collective bargaining unit, who are regularly employed, full or part time, by the Worthington Board of Education.
Section B. Active members shall be members of Central OEA/NEA, the Ohio Education Association and the National Education Association.
Section C. All members shall abide by the Code of Ethics of the Education Profession.
Section D. All members of the Association are governed by this Constitution and Bylaws. This does not preclude the right of any individual member to refuse to support positions or actions of the Association.
ARTICLE IV: Officers
Section A. The officers of the Association shall be President, Vice-President, Secretary and Treasurer.
ARTICLE V: Executive Board
Section A. There shall be an Executive Board composed of the officers of the Association and Association representatives.
Section B. The Executive Board shall act as advisors to the officers of the Association, assign duties, be responsible for all committees of the Association, and have policy making authority as provided in this Constitution and Bylaws.
ARTICLE VI: Committees
Section A. The Association shall have such standing committees as are necessary to carry out the responsibilities and program of the Association.
Section B. Ad hoc committees may be formed to achieve the Association program.
Section C. All committees shall be appointed by the President of the Association with approval of the Executive Board of the Association.
ARTICLE VII: Dues
Section A. The Association shall have a dues structure adequate to fund a quality program.
Section B. The dues rate shall be established according to Bylaw Article 2.
ARTICLE VIII: Amendments
Section A. Proposed amendments to this constitution may be initiated for consideration of the general membership by a majority of the Executive Board or upon presentation to the Executive Board of a petition signed by twenty percent (20%) of the current active membership.
Section B. A proposed amendment to this Constitution must be presented to all members in writing at least ten (10) calendar days prior to the date of voting.
Section C. This Constitution may be amended by a two-thirds (2/3) majority of those members voting by secret ballot.
WORTHINGTON EDUCATION ASSOCIATION BYLAWS
ARTICLE 1: Fiscal and Official Year
Section 1-1. The Association's Fiscal Year shall be from September 1 through August 31.
Section 1-2. The membership year shall be from September 1 through August 31.
Section 1-3. The terms of officers, except for the treasurer, shall begin at the August Executive Board meeting.
Section 1-4. The office of treasurer shall be in accordance with the fiscal year, September 1 through August 31.
Section 1-5. The terms of Executive Board Representatives shall be for a period of one year from the August Executive Board meeting.
Section 1-6. Standing Committee appointments shall be for a period of one (1) year from the August Executive Board meeting.
ARTICLE 2: Dues
Section 2-1. Annual local Association dues for all members shall be .003 of the base salary, step 0 in effect at the beginning of the school year to which dues apply.
Section 2-2. If adjusting the dues for a given year will not compromise the quality of the Association program, the Executive Board may by a two-thirds (2/3) majority vote collect dues at a rate less than .003, but not less than .002 of the base salary, step 0, in effect at the beginning of the school year to which dues apply.
Section 2-3. Every member shall pay the dues required by Central OEA/NEA, the Ohio Education Association and the National Education Association.
Section 2-4. The Association shall annually enter into a dues transmittal contract with the Ohio Education Association.
ARTICLE 3: Meetings and Quorums
Section 3-1. A general membership meeting shall be held at least once each semester.
A. The secretary shall send immediate written notice to all members stating the time and place of the meeting.
B. The quorum for general membership meetings shall be the members present.
Section 3-2. Special meetings of the general membership may be called by the President, by a majority of the Executive Board, or upon presentation to the Executive Board of a petition signed by twenty percent (20%) of the current active membership.
A. The Secretary shall send immediate written notice to all members stating the time, place, and the business to be considered.
B. No other business shall be transacted at this meeting except that stated in the call for the meeting.
C. The quorum for a special meeting of the general membership shall be the members present.
Section 3-3. The Executive Board shall meet monthly from August through May or at the call of the President.
A. The calendar of meetings will be approved at the August Executive Board meeting.
B. The quorum for Executive Board meetings shall be two-thirds (2/3) of the units of representation to the Executive Board.
ARTICLE 4: Officers and Their Duties
Section 4-1. The officers of this Association shall be a President, a Vice President, a Secretary, and a Treasurer.
Section 4-2. The President shall:
A. Preside at all meetings of the Association and perform all duties incident to the office.
B. Be a member ex-officio of all committees, except the nominating committee.
C. Attend meetings of the Worthington Board of Education or designate a member to attend such meetings. The President or designee shall periodically report to the Association on actions of the Board.
D. Deliver information requested by the Worthington Board of Education. The President shall deliver the Board of Education request to the appropriate committee for action.
E. Appoint the chair and members of all standing committees subject to the approval of the Executive Board.
F. Serve as a delegate to the OEA and NEA Representative Assemblies by virtue of office.
Section 4-3. The Vice-President shall:
A. Perform the duties of the President in the absence or the request of the President.
B. Fulfill the unexpired term of the President should the office of the presidency be vacated.
C. Be an ex-officio member of all committees and may be empowered by the President or Executive Board to act as an interim chair of any committee.
D. Perform such other duties as delegated by the President.
Section 4-4. The Secretary shall:
A. Keep a permanent record of all the proceedings of the Association and of the Executive Board.
B. Take a written roll call at each Executive Board Meeting.
D. Conduct and maintain a record of the correspondence of the Association.
D. Perform such other duties as delegated by the President.
Section 4-5. The Treasurer shall:
A. Hold all funds of the Association and disburse them upon authorization of the Executive Board.
B. Maintain records of receipts and disbursements.
C. Present a written monthly report at each meeting of the Executive Board.
D. Prepare for an independent audit as authorized by the Executive Board.
E. Be bonded.
Section 4-6. Each Executive Board Representative shall:
A. Transmit proposals and recommendations from members in the Representative's building or unit of representation to the Executive Board for its consideration.
B. Report recommended policies and other actions of the Executive Board to members in the Representative's building or unit of representation.
C. Assist the membership committee in the collection of memberships.
D. Assist the election committee in conducting elections and the collection of ballots.
E. Attend all official meetings of the Association or secure an alternate from the representative's building or unit of representation.
F. Act as a consultant to the individual member who has a professional need and, when necessary, seek assistance from the Association.
Section 4-7. The immediate Past-President shall:
A. Serve in an advisory capacity to the Executive Board.
B. Be a member of the Executive Board for a period of one year following the election of a new President.
ARTICLE 5: Duties of the Executive Board
Section 5-1. The Executive Board shall:
A. Act as the authoritative voice of the Association on positions affecting the Association during the interim period between regular meetings.
B. Prepare recommendations for the consideration and action of the Association.
C. Carry out policies established at regular meetings
D. Report its transactions to all members.
E. Direct an independent annual audit of the Association's financial records.
Section 5-2. When voting on Executive Board issues, each officer shall have one (1) vote and each Executive Board Representative or designated alternate shall have one (1) vote.
Section 5-3. It is the policy of this Association to achieve ethnic minority membership on the Executive Board at least proportionate to such membership in the Association.
Section 5-4. No business or financial transaction involving a member of the Executive Board or agent of the Association, or their spouse, children, or parents, or otherwise as described in this Section, shall conflict with the fiduciary responsibility of such person to the Association. Such relationships with the members of the Executive Board include relationships with any person that would reasonably be expected to affect the person’s judgment with respect to the transaction or conduct in question in a manner adverse to the Association.
ARTICLE 6: Elections
Section 6-1. A nominating committee of not less than three (3) members shall be appointed by the President with the approval of the Executive Board at the January Executive Board meeting to nominate those candidates who have submitted letters of intent.
A. The committee may solicit additional candidates in an attempt to provide for a minimum of two (2) candidates for each office.
B. The slate of candidates shall be presented at the regular March meeting of the Executive Board and published for the membership. Nominations from the floor at the annual April meeting shall be in order.
C. No member shall be nominated for office without the knowledge and consent of the individual.
Section 6-2. The President, with the approval of the Executive Board, shall appoint an Elections Committee whose duty it shall be to conduct elections and votes of the general membership in accordance with the OEA Elections Manual.
A. The Elections Committee shall resolve all challenges or protests to an election or vote of the general membership.
B. No member of the Elections Committee shall be a nominee for an Association officer position.
Section 6-3. A general membership meeting shall be held in April to provide members an opportunity to hear the platforms of candidates for Association officer positions.
A. Candidates for the office of President shall have five (5) minutes to state their platforms for office.
B. Candidates for all other offices shall have three (3) minutes.
C. Elections of officers shall be conducted by secret ballot in each building following the April general membership meeting during a contractual day designated by the Elections Committee.
Section 6-4. Officer Terms
A. The term of office for President shall be two (2) years. The President shall be elected in odd-numbered years.
B. The Vice-President shall be elected for a term of two (2) years to coincide with the election of the President.
C. The Secretary shall be elected for a two (2) year term in even-numbered years.
D. The Treasurer shall be elected for a two (2) year term in even-numbered years.
E. Newly elected officers shall be installed at the May meeting of the Executive Board and assume their duties at the August Executive Board meeting.
Section 6-5. Units of representation shall elect up to one (1) Executive Board Representative and his/her alternate for each twenty-five (25) members or portion thereof assigned to any educational site of theWorthington Schools. Members assigned to private institutions or the district office will constitute a single unit of representation. Members assigned to multiple educational sites will be assigned to a unit of representation.
A. The Executive Board Representatives and alternates shall serve for one (1) year and shall be elected by their specific groups during the month of April or May.
B. The elected representative and alternate shall have been employed by the Worthington Board of Education for at least one year prior to election and shall be active members of the Association. If in the event that all staff members of any school have been employed less than a year, they shall elect one of their members to represent them on the Executive Board.
C. The names of these elected representatives and their alternates shall be sent to the President of the Association prior to May 31.
D. Executive Board Representatives shall assume their duties at the August
Executive Board Meeting.
E. Revisions in representation shall be made in accordance with membership enrollments from the current membership year.
Section 6-6. All ballots marked, unmarked, and voided and all other records pertaining to the election of officers of this association and OEA and NEA delegates and alternates shall be preserved for one year from the date the election was held; and such ballots and other records shall be made available to the OEA officers upon request for inspection and examination.
Section 6-7. A vacancy of an office, other than the office of President, shall be filled by a two-thirds (2/3) vote of the Executive Board. Vacancies of representatives to the Executive Board shall be filled by a majority vote of the members in the unit of representation.
Section 6-8. Non-members of the Association, including fair share fee payers, shall not have the right to vote in Association officer elections, hold Association office, or otherwise have privilege of Association membership, except as may be provided for in this Constitution or Bylaws.
ARTICLE 7: Impeachment of Officers
Section 7-1. Officers of the Association may be impeached for violation of the Code of Ethics of the Education Profession or for misfeasance, malfeasance, or nonfeasance in office.
Section 7-2. Impeachment proceedings against an officer may be initiated by written petition submitted to the Executive Board by at least twenty-five (25) percent of the members.
Section 7-3. If, after a due-process hearing, a two-thirds (2/3) vote of the Executive Board sustains the charge, the office shall become vacant.
Section 7-4. The officer may appeal the decision to a special meeting of the general membership.
ARTICLE 8:Committees and Duties
Section 8-1. The Standing Committees of the Association shall be:
A. Legislative: The Legislative Committee shall be responsible for candidate endorsement and campaigning, OEA Fund for Children and Public Education collections, levy and bond campaigning, membership involvement in relevant local, state and national political affairs.
B. Membership: The Membership Committee shall be responsible for the distribution, collection and completion of yearly membership forms, organizing and distributing membership materials for prospective members, providing membership processing information to appropriate Worthington Schools and OEA personnel, preparing a timely annual Association membership list.
C. Communications: The Communications Committee shall provide a regular means of reporting local, state and national information to the general membership through a regular newsletter, special reports, display materials, and distribution of materials from the district, state, and national associations.
D. Grievance: The Grievance Committee shall be responsible for maintenance of, and membership advocacy in, grievance procedures.
E. Elections: The Elections Committee shall protect the integrity of an election or vote and ensure that an election or vote is conducted in accordance with local, state and national constitutions, bylaws and policies.
Section 8-2. The chair and members of each committee shall be appointed by the President with the approval of the Executive Board. All vacancies shall be filled and names submitted for approval at the next regular meeting of the Executive Board.
Section 8-3. The President or the Executive Board may assign duties as may be appropriate to Standing Committees or form sub-committees to support the efforts of a Standing Committee.
Section 8-4. The President with the approval of the Executive Board or the Executive Board by a majority vote may create or disband an ad hoc committee to deal with short term Association issues or projects.
ARTICLE 9: Bargaining and Contract Ratification
Section 9-1. In preparation for bargaining, a Negotiations Committee shall be formed of members from each unit of representation to:
A. Develop a questionnaire and survey members' concerns for bargaining.
B. Assess group concerns through building, department, and special interest meetings.
C. Identify issues for bargaining based on member questionnaires and meetings.
D. Present to the Executive Board a report of recommended items to be negotiated by the bargaining team prior to the commencement of negotiations.
Section 9-2. The Association shall be represented in collective bargaining by an authorized team of Association members appointed by the President with the approval of the Executive Board.
A. If the President is not an active member of the bargaining team, the President will be an ex-officio member of the Association bargaining team.
B. Members of the bargaining team need not necessarily be from the Negotiations Committee.
C. The bargaining team shall have the authority to bargain in good faith; make proposals, counterproposals, and concessions; and make tentative agreement on a contract with representatives of the Board of Education.
D. While negotiations are in progress, periodic reports to the Negotiations Committee, Executive Board, or Association members may be made by the bargaining team.
Section 9-3. The Ohio Education Association shall represent the Association on all matters concerning the Association before the State Employment Relations Board (SERB).
A. The OEA/NEA Labor Relations Consultant shall be the Association's designated representative for the purpose of dealing with SERB.
Section 9-4. Each member shall be given a written copy of the contract proposal seventy-two (72) hours prior to the general membership ratification meeting.
Section 9-5. A vote on a contract proposal shall be by secret written ballot.
A. No absentee or proxy votes will be allowed on contract ratification votes.
B. The vote on a contract proposal will be to accept or reject the contract proposal in its entirety as presented to the general membership.
C. All ballots used in a vote regarding a contract proposal, after tabulation, will be sealed and retained by the Association for three (3) years or the duration of a contract, whichever is greater.
D. The President will communicate required details of the contact proposal vote to the Board of Education's designated representative.
Section 9-6. The designated representative of the Association is authorized to give timely notice of intent to strike to the Board of Education and SERB upon approval of the membership and in keeping with the provisions of ORC 4117.14(D)(2).
ARTICLE 10: Order of Business
Section 10-1. The order of business at regular meetings of the Executive Board shall be:
A. Call to Order
B. Reading and approval of the Minutes
C. Treasurer's report
E. Report of the Standing Committees
F. Report of Special Committees
G. Unfinished business
H. New business
I. Building Concerns
ARTICLE 11: Authority–Parliamentary Procedure
Section 11-1. Robert's Rules of Order, Newly Revised for the 21st Century shall be the authority governing all matters of procedure not otherwise provided in this constitution, bylaws, or standing rules.
ARTICLE 12: Expulsion of Members
Section 12-1. The Executive Board may censure, suspend from membership, or expel any member for one or more of the following reasons:
A. Violation of the Code of Ethics of the Education Profession.
B. Conviction of a felony.
C. Actively engaging in, or actively supporting activities directed against the constitutional purposes of the Association to bring about changes in the Association by means other that those that are consistent with the Association's Constitution.
Section 12-2. The Executive Board may reinstate members previously suspended or expelled.
Section 12-3. The Association guarantees that no member may be censured, suspended, or expelled without a due process hearing, which shall include an appropriate appellate procedure.
ARTICLE 13: Dissolution of the Association
Section 13-1. A petition for dissolution of the Association may be presented in writing to a meeting of the general membership by any member in good standing and must contain the signature of three-fourths (3/4) of the total membership of the Association.
Section 13-2. Upon receipt of the petition for dissolution, the Association shall act upon the petition at the next general membership meeting.
Section 13-3. The Association shall be considered dissolved if three-fourths (3/4) of the total membership vote by secret ballot in favor of dissolution.
Section 13-4. The effective date of dissolution shall be thirty (30) days from the date of the vote to allow for the disposal of assets and liabilities.
Section 13-5. In the event of dissolution of the Association, all assets of this organization remaining after payment of all obligations shall be distributed to the WEA Student Scholarship Fund provided that it is an entity recognized as exempt from Federal taxation. In the event that the WEA Student Scholarship Fund is not recognized as tax exempt, such assets shall then be used to establish a scholarship fund for students of the Worthington Schools provided that it is recognized as exempt from Federal taxation.
ARTICLE 14: Amendments
Section 14-1. Amendments, alterations, additions, or deletions to these Bylaws shall be made by a majority vote of those members voting by secret ballot.
Section 14-2. Changes shall be proposed upon the initiative of a majority vote of the Executive Board or upon presentation to the Executive Board of a petition signed by twenty (20) percent of the Association membership.
Section 14-3. All proposed changes shall be submitted in writing to all Association members at least ten (10) calendar days prior to a vote.