Minnetonka Teachers
Association
Members of Education
Minnesota, NEA, AFT, Minnesota Local #7173
THE CONSTITUTION OF THE
MINNETONKA TEACHERS ASSOCIATION
AMENDED FEBRUARY 2006
The name of this
organization shall be the Minnetonka Teachers Association (MTA), hereafter
known as the Association.
We, the members of
the Minnetonka Teachers Association, Education Minnesota, National Education
Association, and American Federation of Teachers, believing that the active
participation of non-supervisory licensed education personnel in the
development of educational policy is essential for sound education in a
democratic society, have joined together, as herein defined in this
Constitution and Bylaws, for the purpose of exerting a collective and positive
influence on education in Independent School District No. 276.
The Minnetonka
Teachers Association shall provide a united voice for public education,
leadership in education innovation, dedication to Minnetonka students and
families, and an unwavering commitment to the welfare of our members.
The Minnetonka
Teachers Association shall be a local organization that provides professional
service to its members by building and maintaining a strong, effective Local
and by promoting instructional advocacy. The Minnetonka Teachers Association
shall be committed to democracy in the workplace and within the organization.
If any provisions of
this Constitution and Bylaws conflict with or violate the Constitution and
Bylaws of Education Minnesota, NEA, or AFT, the provisions of the state and
national organizations shall supersede those contained herein.
The Minnetonka
Teachers Association is affiliated with Education Minnesota, the National
Education Association, and the American Federation of Teachers, in accordance
with the provisions of the Constitution and Bylaws of these bodies. Individuals
will be members of Education Minnesota, the National Education Association, and
the American Federation of Teachers. The MTA is also affiliated with and a
representative to the appropriate UniServ unit.
ARTICLE IV:
PURPOSE.
The purpose of the
Association shall be to:
1. Serve
all teachers of Independent School District 276 as the exclusive representative
whenever such authority exists in accordance with MS Chapter 179A Public
Employee Labor Relations Act;
2. Represent
its members in collective bargaining with Independent School District 276 and
to process grievances;
3. Improve the professional, civic,
economic, and social status of its members;
4. Promote the improvement of public
education;
5. Establish
and maintain an ongoing public relations effort within the teacher ranks and
the community.
Section 1. Membership
in the Association shall be in accordance with the Constitution and Bylaws of
Education Minnesota, NEA, and AFT. The membership year shall be September 1 to
August 31. No one shall hold office in the Association who is not an active
member of Education Minnesota, NEA, and AFT.
Section 2. The
Association shall not deny membership to individuals on the basis of race,
creed, national origin, or sex.
The officers shall
be the President, Vice President, Secretary, and Treasurer.
ARTICLE VII: GOVERNANCE BOARD.
The governance of
the Association shall be vested in the Governance Board, which shall consist of
the officers of the Association and Building Representatives, who shall be
elected from the buildings.
ARTICLE VIII: GENERAL MEMBERSHIP
MEETINGS.
There may be one or
more general membership meetings held annually.
ARTICLE IX:
PARLIAMENTARY AUTHORITY.
The latest edition
of Robert's Rules of Order, Newly Revised shall be used as a guideline
for conducting meetings when not in conflict with special rules of order
adopted by the Association’s Governance Board.
Section 1. The
Governance Board may propose amendments to this Constitution. The MTA
membership shall have at least fourteen (14) days in which to consider the
proposed amendments. The Constitution shall be amended by a two-thirds (2/3)
vote of the members voting. The vote shall be by secret ballot.
Section 2. Any
member may present a proposed amendment to the Governance Board with a request
that the amendment be put before the membership for a vote. If the Governance
Board does not act upon the request, a petition signed by twenty percent (20%)
of the membership will place the amendment before
the membership for a vote. The Constitution will be amended by a two-thirds
(2/3) vote of the members voting.
Minnetonka Teachers
Association
Members of Education
Minnesota, NEA, AFT, Minnesota Local #7173
MINNETONKA TEACHERS ASSOCIATION
AMENDED FEBRUARY 2006
Paragraph 1: Membership
1.1 Membership
in the Association shall include full affiliation and shall include all
services and responsibilities of the Association and its affiliations.
Membership shall also be considered continuing, subject only to resignation or
termination as stated in this Constitution or as constituted in the Bylaws of
the affiliated organizations.
1.2 Payment
of annual dues shall constitute membership. A member whose dues payments are
delinquent shall be terminated from the membership in accordance with the
Constitution and Bylaws of its affiliated organizations. Dues may be paid
through 1) payroll deduction in installments over the course of the school
year, or 2) in a one-time cash or check payment for the entire amount due
within thirty (30) days of the start of employment.
1.3
Resignation
from the Association and its affiliations shall be in written form. There shall
be no refund of Local, UniServ, state, or national dues. Resignation shall be automatic
should the member cease employment with Independent School District 276.
Paragraph 2: Disciplinary
Actions
2.1
The Governance
Board may discipline any member of the MTA. Discipline could be in the form of
(a) censure for a period of time not to exceed one year, (b) suspension for a
period of time not to exceed one year, or (c) expulsion for the duration of the
member’s employment with Independent School District 276. Disciplinary action
shall not be taken against any member except for cause. Cause shall relate to
conduct prejudicial to the purposes of the Local which may include any one or
more of the following:
1.
Failure to remain a member in good standing
with Education Minnesota, the National Education Association and American
Federation of Teachers.
2.
Substantial violation of the Code of Ethics
of the Board of Teaching or other licensing agency.
3.
Violation of a local policy in a crisis
situation affecting the entire school district.
4.
Other good and sufficient cause whereby the
conduct of the member would be prejudicial to the purposes of the Local.
2.2 Proposed
disciplinary action may be initiated by one or more members of the MTA through
a written complaint to the Governance Board.
2.3 Subjects
of disciplinary action shall be notified by registered mail. Notice shall
include the charges and the statement that the accused has ten (10) calendar
days in which to request a hearing before the Governance Board, at which time
the member is entitled to a representative of his or her choice, to answer the
charges and examine those making them. A quorum must be present. The hearing shall be private or public at the
choice of the accused. The decision shall be made by a majority of the
Governance Board who is present and voting by secret ballot. A tie vote shall
be broken by the President’s ballot. The President must hold his/her ballot
until the result of the vote is announced. Then the
President will announce the result vote with his/her ballot.
The decision shall be communicated in writing to the member accompanied
by a Memorandum of Findings of Fact
within ten (10) calendar days of the close of the hearing.
Action to suspend or expel shall be communicated in writing to the
Education Minnesota President and the Executive Director.
2.4
A member who is
suspended or expelled from membership in the Local shall have the right of
appeal to the Education Minnesota Governing Board in accordance with such
policies and procedures as the Board may adopt.
2.5
Appeal to the
American Federation of Teachers and National Education Association shall be
governed by the policies and procedures adopted by the AFT and NEA.
2.6
Lawsuits: No person shall initiate a civil action suit
or proceeding in any court against the Local or any of its officers, members,
or employees on account of any discipline unless such person has exhausted the
remedies of hearing and appeal as provided in this Constitution.
Paragraph 3: Membership
Obligation
3.1 Action taken by the Governance Board with the intent of
binding every member must be approved by at least three-fourths (3/4) of the
whole membership or Governance Board.
Approval will then bind all members.
3.2 A majority vote of the quorum present on the Governance Board
shall release members from a binding action.
Paragraph 1: General Membership
1.1 General membership meetings shall be called at the direction
of the Governance Board.
1.2 General
membership meetings shall be chaired by the President and announced at least
one week in advance, except in cases of emergency as declared by the Governance
Board. Upon approval by the Governance
Board, other specified employees of Independent School District 276 or other
guests may be in attendance.
1.3 Ten
percent (10%) of the membership, by petition, will require the Governance Board
to hold a meeting of the general membership.
Paragraph 2: Governance Board
2.1 The
Governance Board shall prepare and publish a calendar of meetings annually.
2.2 The
President or twenty percent (20%) of the Governance Board membership may call
special meetings of the Governance Board.
Paragraph 3: Quorum
3.1 A
majority of the members shall be a quorum for any Association body.
3.2 If
a quorum is present at the call of a meeting, the members may continue to
transact business until adjournment notwithstanding the withdrawal of enough
members to leave less than a quorum.
Paragraph 1: Officers
1.1 The
candidates for President and Vice-President shall run for office as a team.
They shall be elected in May to a term of two years beginning at the first
Governance Board meeting in June.
1.2 The
Secretary shall be elected from the Governance Board at the first meeting in
June to a term of one year effective upon election.
1.3 The
Treasurer shall be elected from the Governance Board at the first meeting in
June to a term of one year effective upon election.
Paragraph 2: Building Representatives
2.1 There
shall be one Building Representative for every thirty-five (35) members or
major fraction (18) thereof.
2.2 Building
Representatives shall be elected in May to a term of two years effective the
first meeting in June. Buildings with multiple representatives shall elect
one-half each year.
Paragraph 3: Elections Committee
3.1 Annually,
at the first meeting in June, the Governance Board shall appoint an Elections
Committee.
3.2 The
Elections Committee will meet prior to each election.
3.3 The
Elections Committee shall establish and oversee rules, procedures and dates for
all elections including Local, UniServ, state and national.
Paragraph 4: Eligibility
4.1 Only members may vote in
all elections.
4.2 Only
members may be elected to MTA offices and positions.
5.1
All elections
shall be governed by applicable state and federal laws.
5.2 To
file as a candidate for an election, each member must receive at least fifteen
(15) days notice of the procedures and deadlines and the date and time of the
election. A candidate must submit written notification (may be via e-mail) to
the Election Committee stating the office/job to which he/she wishes to be a
candidate.
5.3 Every member must have a fair and equal opportunity to
participate in the election without unreasonable impediments.
5.4 There
shall be an open nomination process for all elections.
5.5 No
Association funds may be used to support any candidate. Any expenses incurred
in campaigning are the sole responsibility of the candidate.
5.6 The Association should comply with reasonable requests to allow candidates to distribute campaign literature at their own expense. Building Representatives are not responsible for dissemination of campaign materials.
Paragraph 6: Voting
Procedure
6.1 Candidates
have the right to inspect the membership list once within thirty (30) days
prior to the election. No candidate can
have preferential access to the list.
6.2 The
Election Committee will notify the Building Representative of the candidates as
they file.
6.3 The
Building Representative will in turn notify their membership of the candidates
who have filed, as the names become available to them.
6.4
Voting must be
done by secret ballot.
6.5
Members who
know in advance that they will be absent on the voting day(s), may request an
absentee ballot from their Building Representative.
6.6
In an election,
candidates must be allowed to station any MTA member as an observer at any of
the official MTA polling places. Candidates may not appoint themselves as
observers.
6.7 Representatives
of candidates should be allowed to observe, but not actually participate in,
the counting of ballots. Candidates may not appoint themselves to observe.
6.8 The
following items should be safely stored with the MTA Secretary for one year: 1)
the used, unused, and challenged ballots, 2) the envelopes used to return
ballots to the Election Committee, and 3) any other documents related to the
election.
6.9 If
there is only one candidate for a position, the election for the position may
be waived and the candidate declared elected.
In order to waive such an election a reasonable period of time must have
been provided for nomination and there shall be no provision allowed for
write-in votes for any election.
Section IV: OFFICERS
Paragraph 1: President
1.1 The
President shall chair the meetings of the Governance Board and the general
membership.
1.2 The
President shall be the spokesperson for the MTA.
1.3 The President shall
insure that Governance Board actions are carried out.
1.4 The
President shall serve on the Meet and Confer Committee.
1.5 The
President by virtue of his/her election to the office of President shall also be elected to be a delegate to the
Education Minnesota Representative Convention and the NEA Representative
Assembly and/or the AFT Convention.
1.6
The President
shall be the chief executive officer with the power to sign documents on the
Association's behalf.
1.7
The President cannot be Building Representative concurrently.
Paragraph 2: Vice-President
2.1 The
Vice-President shall perform the duties of and have the powers of the President
during any absence or inability of the President to act.
2.2 In
the event of a vacancy in the office of the President, the Vice-President shall
assume the office of the President. A special election shall be held to fill
the vacancy of the Vice-President.
2.3 The Vice-President
shall oversee the work of the councils, committees and other groups established
by the Governance Board.
2.4 The Vice-President cannot be Building
Representative concurrently.
Paragraph 3: Secretary
3.1 The
Secretary shall keep accurate minutes of the Governance Board and general
membership meetings. Copies of minutes
shall be prepared and distributed.
3.2 The
Secretary shall maintain the official files of the MTA.
3.3 The
Secretary shall conduct correspondence as directed by the President, the
Governance Board, or the general membership.
Paragraph 4: Treasurer
4.1 The
Treasurer shall receive and hold the funds of the MTA and shall disburse them
upon the authorization of the Governance Board.
4.2 The
Treasurer shall keep accurate accounts of receipts and disbursements and make
monthly financial reports to the Governance Board.
4.3 The
Treasurer shall chair the annual Budget Committee.
4.4 The
Treasurer shall be responsible for submitting the books for an annual audit.
Paragraph 1: Organization
1.1 The
Governance Board shall organize itself at the first meeting in June and shall
meet regularly at least once each month, September through June, and at other
times as deemed necessary by the President or any three members of the
Governance Board.
Paragraph 2: Duties
and Responsibilities
2.1 The
Governance Board shall be responsible for the management of the Association,
approve all expenditures, establish policies, and report its actions to the
members.
2.2 Building
Representatives shall report the proceedings of the Governance Board to his/her
constituents. He/She shall ensure representation of his/her constituency on the councils, report
membership concerns as are appropriate and act as an information liaison.
Building Representatives shall conduct monthly building meetings.
2.3 The
Governance Board shall be responsible for the negotiation of the Master
Agreement.
2.4 The
Governance Board may authorize reimbursement to the officers or agents of the
MTA for fines or legal judgments levied by a court of law as a result of
actions committed while fulfilling the responsibilities of an office or assignment.
Paragraph 3: Dues and Budget
3.1
State and
national dues will be assessed in accordance with the dues categories and
policies of Education Minnesota, NEA, and AFT.
3.2 The
Governance Board shall set the dues for the MTA.
3.3 The Governance Board
shall assess Fair Share fees according to
Minnesota state law.
3.4 The MTA budget for the
following year will be adopted in June.
3.5 No net earnings shall
inure to the benefit of any member.
Section
VI: COUNCILS AND COMMITTEES
Paragraph 1: Councils
1.1 There
shall be councils that shall have the duties of developing and implementing
programs. Each council shall submit annual program and budget proposals to the
Governance Board, and involve the membership in training and information of its
activities and responsibilities.
1.2 The
President, subject to the approval of the Governance Board, shall appoint
Chairperson(s) to each council. Council Chairpersons shall report their
proceedings to the Governance Board and prepare an annual report for the
General Membership. Council Chairpersons shall serve for a term of two years
from their appointment or until a successor is appointed. Council Team Members
shall serve a term of two years, and it shall be the responsibility of the
Council Chairpersons to ensure that such terms are overlapping, if possible.
Paragraph 2: Committees
2.1 There
shall be a Meet and Confer Committee composed of the President, Vice President,
Negotiator(s), Teacher Rights Chair(s), and a representative from early
childhood, elementary, middle school, and high school. Special representatives
may request the Governance Board to attend a Meet and Confer meeting. The Meet
and Confer Committee shall have the duties as outlined in MS Chapter 179A as
amended. The agenda for Meet and Confer shall be reviewed at the Governance
Board meeting prior to the Meet and Confer session. The Governance Board may
delete or add items to the agenda.
2.2 The
Governance Board shall establish other special committees as needed.
Section VII: CONTRACT RATIFICATION AND STRIKE
AUTHORIZATION
Paragraph
1: Contract Ratification
1.1 The
Governance Board shall authorize presenting a tentative agreement to the
membership for a contract ratification vote.
1.2 A
copy of a proposed Master Agreement or a copy of the proposed changes with
explanations shall be distributed to each member as soon as possible.
1.3 A
general meeting of the membership shall be held for the purpose of discussing
the proposed Master Agreement. The
meeting shall be held no
sooner than twenty-four (24) hours after the members have received the
materials described in 1.2.
1.4 No
fewer than four (4) days after the general meeting, the membership shall vote
on ratification.
1.5 The
Contract Ratification vote will be by secret ballot.
1.6 Absentee
ballots may be provided by the Election Committee, if necessary. The President
or his/her designee may record a ballot over the telephone.
1.7 Ratification
of the Master Agreement requires the approval of a simple majority of the
members who have voted.
1.8 In
the event of a strike, the Governance Board may modify the timelines of 1.3 and
1.4.
Paragraph 2: Strike
Authorization
2.1 The
Governance Board has the authority to call for a strike authorization vote.
2.2 Authorization
for a strike shall be given by an eighty-percent-plus-one (80% + 1) vote of all
Association members.
2.3 The
strike authorization vote will be by secret ballot.
2.4 The
Governance Board will make provisions for absentee ballots through the Election
Committee.
Robert's Rules of Order, Newly Revised shall be the parliamentary authority for the
MTA on all questions not covered by the constitution and bylaws and such
standing rules as the Governance Board may adopt.
1.1.
The Governance
Board may propose amendments to these Bylaws. The MTA membership shall have at
least fourteen (14) days in which to consider the proposed amendments. The
Bylaws shall be amended by a simple majority (50% + 1) vote of the members
voting. The vote shall be by secret ballot.
1.2
Any member may
present a proposed amendment to the Governance Board with a request that the
amendment be put before the membership for a vote. If the Governance Board does
not act upon the request, a petition signed by twenty percent (20%) of the
membership will place the amendment before the membership for a vote. The Bylaws shall be amended by a simple
majority (50% + 1) vote of the members voting. The vote shall be by secret
ballot.