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CTA

ORANGE COUNTY CLASSROOM

 TEACHERS ASSOCIATION

 

 BYLAWS
2005-2006

 

 

Updated

May 12, 2005

 

 


 

TABLE OF CONTENTS

 

 

Article I - Name of the Association....................................................... 2

Article II – Membership.............................................. 2

                Section I – Classes......................................................... 2

                Section II - Dues Assessment..................................................... 2

                Section III - Suspension / Expulsion...................................... 2

                Section IV - Active Membership................................................ 2

                Section V - UTF Membership........................................................... 2

                Section VI - Representation Eligibility................................................. 3

Article III - Officers - Directors - Representatives – Staff.................. 3

                Section I - UTF Membership............................................................ 3

                Section II – Officers..................................................................... 3

                Section III - Eligibility for Office................................................ 3

                Section IV - Term of Office....................................................... 3

                Section V - Duties of Office........................................ 4

                                President....................................................................... 4

                                1st Vice President........................................................... 5

                                2nd Vice President........................................................... 5

                                Secretary................................................................ 5

                                Treasurer......................................................................... 6

                Section VI – Directors............................................................ 6

                Section VII – Service Unit Council................................................ 7

                Section VIII - Association Representatives...................................... 7

                Section IX – Recall................................................................... 7

                Section X - Terms of Office...................................................... 7

Article IV - Board of Directors - Representative Council....................... 8

                Section I - Board of Directors Members................................ 8

                Section II - Board of Directors Duties........................................... 8

                Section III - Representative Council Members......................................... 9

                Section IV - Representative Council Duties.......................................... 9

                Section V - Ethnic Minority Guarantees.................................................. 9

Article V – Committees................................................................. 9

                Section I – Appointment.......................................................... 9

                Section II - Standing Committees............................................ 9

Article VI - Nominations and Elections................................................ 9

                Section I – Nominations........................................................... 9

                Section II – Elections.............................................................. 9

                Section III - General Elections................................................ 10

                Section IV - Special Elections.......................................... 10

                Section V - Presidential Delegate Positions.................. 10

Article VII – Meetings............................................................ 10

                Section I - General Membership...................................... 10

                Section II - Representative Council................................. 11

                Section III - Board of Directors.................................................... 11.

Article VIII – Quorum....................................................................... 11

Article IX - Fiscal and Membership Year........................................... 11

Article X – Dues.............................................................. 11

                Section I – Dues................................................................... 11

                Section II – Pro-Rated Dues............................................. 12

Article XI – Affiliation................................................................. 12

                Section I – Organizations........................................................... 12

                Section II – Caucuses................................................................ 12

Article XII - Rules for Amending......................................................... 12

                Section I – Amending Articles of Incorporation.......................... 12

                Section II – Amending Bylaws.................................. 12

Article XIII - Rules of Order.................................................................. 13


 


 

ARTICLE I

 

 

                The name of this Association shall be:  The Orange County Classroom Teachers Association, Inc.  In recognition that there is a single teaching profession operating in three or more governance levels and that the professional Association which operates on these levels is united in purposes and characteristics, the Orange County Classroom Teachers Association, Inc., is the local affiliate of the Florida Education Association and its national affiliates.

 

 

ARTICLE II - MEMBERSHIP

 

 

Section 1 - Classes

 

                A.            Active membership shall be limited to Orange County Classroom teachers who hold a valid certificate.  Teacher is defined as any category included in or to be included in the Bargaining Unit represented by the Association or any current officer in the Florida Education Association.

 

                B.            Retired dues paying members of CTA-R shall be considered ex officio members of Orange County Classroom Teachers Association with all the rights and privileges granted to CTA-R in these Bylaws and in CTA Policies.

 

                C.            Associate Memberships

 

                                1.             Non-Administrative Employees

 

                                                Non-administrative employees in the schools of Orange County who are not eligible for active membership in a local of the national affiliates may, upon payment of dues, enroll as associate members with all the rights and responsibilities of active members except the right to vote, to hold office, or to represent the Association.  Associate members may not be eligible for the Association's legal services program.

 

                                2.             Members on Long-Term Leave

 

                                                A person who was an active member and has been granted an Orange County School Board approved leave of absence of one (1) semester, or more may, upon payment of dues, enroll as an associate member with all the rights and responsibilities of active members.

 

Section II:  Dues Assessment

 

                Members shall be assessed annual dues as determined by Article X.

 

Section III:  Suspension/Expulsion

 

                After due notice and hearing, the Board of Directors, by a two-thirds (2/3) vote, may suspend or expel any member who shall have violated the Code of Ethics of the teaching profession, or may cancel the membership of any member convicted in a court of a crime involving moral turpitude, and may reinstate a member who has previously been suspended or expelled From the Association.  Any suspended or expelled member may appeal action by the Board of Directors to the Representative Council where a majority vote of those present and voting shall sustain or overrule the decision of the Board of Directors.

 

Section IV - Active Membership

 

                Active membership shall be continuous until the member leaves the school system, resigns from the Association, or fails to pay membership dues. Members who will have a break in service with school district of 2 months (62 days) or less shall retain local active membership with prior written notice to the Association and continued payment of dues. If a question arises regarding the status of an active member due to changes in the law, the Board will hold in abeyance that Bylaw provision until a legal ruling is obtained.

 

Section V:  UTF Membership

 

                All members of this Association shall be members of FEA and its national affiliates.


 

Section VI:  Representation Eligibility

 

                Any teacher not applying for membership within thirty (30) days of initial employment, shall be eligible for Association representation following a thirty (30) day waiting period.  Said teacher shall not be eligible for Association representation for incidents occurring prior, and during, the stated waiting period.

 

 

ARTICLE III - OFFICERS - DIRECTORS - REPRESENTATIVES - STAFF

 

 

Section I:  UTF Membership

 

                All officers, directors, representatives, and alternate representatives shall be members of FEA and its national affiliates.

 

Section II:  Officers of Association

 

                The officers of this Association shall be a President, a First Vice-President, a Second Vice-President, a Secretary and a Treasurer.  These officers shall constitute the Executive Committee of the Association, and shall serve at the call of the President.  The immediate Past President shall remain a full member of the Board of Directors for one year following the end of his/her Presidency.

                No member of the Executive Committee of the Association shall be a member of the Orange County Administrative Pool.  If he/she is a member of the Administrative Pool before his/her election to office in this Association, he/she must resign his/her membership in the Pool after his/her election.

 

Section III: Eligibility for Office

 

                A.            All candidates for office in this Association must have been members of the Association during the school year prior to the date that the term of office begins.

 

                B.            All candidates for office of President, First Vice-President, Second Vice-President, Secretary and Treasurer shall be on continuing contract or professional service contract at the time of their candidacy.

 

                C.            All candidates for Treasurer shall have served on the Budget and Finance Committee at least one (1) year.

 

Section IV:  Term of Office

 

                A.            The term of local President shall be two years with no officer to serve more than two consecutive terms.

 

                B.            At the organizational meeting in May, the newly elected Board of Directors shall elect the appropriate number of members to the Service Unit Council.

 

                C.            The President and 1st Vice-President shall be elected during the even-numbered year (starting 1990); 2nd Vice-President, Treasurer and Secretary shall be elected during the odd-numbered year (starting 1991).

 

                D.            Vacancies

 

                                1.             President/Vice-Presidents

 

                                                In case of a vacancy in the office of President, the First Vice-President shall become President and the Second Vice-President shall become First Vice-President.  In case of a vacancy in the office of First Vice-President, the Second Vice-President shall become First Vice-President.  The office of Second Vice-President shall then be filled by the Board of Directors from among its immediate past or present ranks by secret ballot.  If the offices of the President, First Vice-President, and Second Vice-President become


 

 vacant simultaneously, the remaining members of the Board of Directors shall select one (1) of their number to serve as President Pro Tempore until the Representative Council, by secret ballot, can fill the vacancies for the balance of the terms.

 

                                2.             Directors

 

                                                If a vacancy in a Director's position occurs within the first year of the term, an election within that district shall be held by secret ballot.  If a vacancy in a director's position otherwise occurs, the position shall be filled for the un-expired term by appointment of the President with the approval of the Board of Directors.  In recommending persons to fill vacancies in Director's positions, the President shall not decrease the number of ethnic minority members nor the ratio between elementary and secondary teachers.

                                3.             Others

                                                All other vacancies in offices of this Association shall be filled for the un-expired term by appointment of the President with the approval of the Board of Directors.

 

Section V:  Duties of Office

 

                All officers shall be members of both the Board of Directors and Representative Council.  They shall perform the duties pertaining to their respective offices and such other duties as may be imposed upon them by the Corporate Charter and by the Bylaws of the Association.

 

                A.            The President shall:

 

                                1.             Represent the Association as spokesperson on matters of policy or assign, at the President's discretion, responsibility for such representation.

 

                                2.             Call and preside at all meetings of the Board of Directors, Representative Council, and all other Association meetings.

 

                                3.             Prepare the program and agenda for the Board of Directors, Representative Council, and all other Association meetings.

 

                                4.             Deliver an annual report on the Association's activities at the annual membership meeting.

 

                                5.             Appoint a Parliamentarian for all meetings of the Association at which the President presides.

 

                                6.             Appoint, except as provided in these Bylaws, all chairpersons of committees, with the advice and consent of the Board of Directors; such chairpersons to serve at the pleasure of the President, except where a term is fixed by these Bylaws.

 

                                7.             Serve as member ex officio without a vote on all committees authorized by the governing bodies.

 

                                8.             Give a bond to the Association in a sum to be fixed by the Board of Directors.  The premium on said bond shall be paid by the Association.

 

                                9.             Sign contracts and other instruments connected with Association and professional activities.

 

                                10.           Have the power to disburse funds as authorized.

 

                                11.           Perform such other duties as may be determined by the Board of Directors.

 

                                12.           Recommend to Board of Directors appointments for un-expired vacancies as per Article III, Section IV, D.3.

 

                                13.           Visit at least one-fourth (1/4) of the schools in each Learning Community, annually.

 

                                14.           Prepare, with Treasurer, Executive Director, and Budget Committee, a budget for submission to the appropriate policy-making body.

 

                                15.           Meet regularly with the other officers of the Association and with the Executive Director.

 

                                16.           Delegate duties to the officers of the Association.

 

                B.            The First Vice-President shall:

 

                                1.             Assume the necessary duties of the President in case of absence (or resignation) of the President.

 

                                2.             Chair the Bylaws and Policies Committee.

 

                                3.             Serve on the Budget and Finance Committee.

 

                                4.             Serve on the Contract Committee.

 

                                5.             Give a bond to the Association in a sum to be fixed by the Board of Directors.  The premium on said bond shall be paid by the Association.

 

                                6.             Have the power to disburse funds as authorized.

 

                                7.             Serve on other committees of interest.

 

                C.            The Second Vice-President shall:

 

                                1.             Assume the necessary duties of the First Vice-President in case of absence of the First Vice-President.

 

                                2.             Serve on the Contract Committee.

 

                                3.             Chair the Membership Committee.

 

                                4.             Have the power to disburse funds as authorized.

 

                                5.             Give a bond to the Association in a sum to be fixed by the Board of Directors.  The premium on said bond shall be paid by the Association.

 

                                6.             Serve on other committees of interest.

 

                D.            The Secretary shall:

 

                                1.             Keep all minutes of the Association, the Board of Directors, and the Representative Council.

 

                                2.             Keep an accurate record of attendance at all Board of Directors and Representative Council meetings.

 

                                3.             Maintain in a permanent file, copies of all minutes and records of the Association.

 

                                4.             Give a bond to the Association in a sum to be fixed by the Board of Directors.  The premium on said bond shall be paid by the Association.

 

               


 

E.             The Treasurer shall:

 

                                1.             Chair the Budget and Finance Committee.

 

                                2.             Be responsible for preparing the Budgets and monthly financial statements in cooperation with the Executive Director and Bookkeeper.

 

                                3.             Have the power to disburse funds as authorized.

 

                                4.             Assure that the books are submitted for annual audit by a licensed accountant at the close of the fiscal year.

 

                                5.             Give a bond to the Association in a sum to be fixed by the Board of Directors.  The premium on said bond shall be paid by the Association.

 

                                6.             Ensure that all financial records shall remain the property of the Association.

 

Section VI:  Directors

 

                There shall be Directors from each Learning Community.

 

                A.            Eligibility for Directorship

 

                                All candidates for directorship in this Association must have been members of the Association during the school year prior to the date that the term of office begins.

 

                B.            Term of Directors

 

                                1.             Each Director shall serve for a term of two (2) years.  No Director to serve as a Director for more than two (2) successive terms.  All Districts shall be designated by Learning Community.  There will be two directors elected from each Learning Community and two at large directors.  Directors will be elected in alternate years (A-elected during odd years, B-elected during even years).

 

                                2.             In case no Director is elected in a Learning Community, an election will be held in that Learning Community from a county wide nomination to fill that vacancy.  Seat will be at large and available to all.

 

                                3.             If no Director is elected in a county wide election, the President will appoint a Director, subject to the approval of the Board, for the remainder of that term.

               

                C.            Election of Directors

 

                                1.             Directors shall be elected by the CTA members within their Learning Communities.

 

                D.            Duties and Responsibilities of Directors

 

                                The Director shall:

 

                                1.             Serve as a member of the Board of Directors and the Representative Council.

 

                                2.             Have the responsibility to communicate and/or meet regularly with the Association Representative in his/her Learning Community.

 

                                3.             Attend all required meetings.

 

                                4.             It shall be the responsibility of director to notify, in writing, the CTA President and/or Board of Directors of any transfer or re-assignment to a school outside the Learning Community in which he/she was elected.

 

                                5.             Chair Learning Community meetings.

 

Section VII:        Service Unit Council

 

                A.            When the Association is part of a Service Unit Council, representatives to that Council shall be elected by the Board of Directors from among the members of the Board of Directors.  The President and Treasurer shall be automatic members of the Council.

 

                B.            At the organizational meeting held in May, the newly elected Board of Directors shall elect the appropriate number of members to the Council.

 

Section VIII:       Association Representatives

 

                Each school shall elect, by secret ballot, no later than post-planning, one (1) representative for each twenty (20) members or major fraction thereof.  Each school shall be guaranteed at least one (1) representative.  Each school shall, by secret ballot, elect one (1) alternate representative for each representative elected.

 

                A.            Eligibility of Representatives

 

                                All candidates for the position of Association Representative in this Association must have been members of the Association during the year prior to acceptance of this position.  Exception: In case a faculty does not have a member who meets the eligibility, such faculty shall have the right to elect a member who shall have all the rights and privileges accorded other Association Representatives.

 

                B.            Term of Service of Representatives

 

                                Each representative shall serve for a term of one (1) year.  In case of vacancy the alternate shall become the representative.  If the alternate position is also vacant, the CTA members of that school faculty where such vacancy occurs shall elect, by secret ballot, a representative to fill the un-expired term.

 

                C.            The Representative shall:

 

                                1.             Serve as a member of the Representative Council.

 

                                2.             Organize a CTA unit in his/her school and serve as its chairman.

 

                                3.             Report the business and activities of the Association to his/her faculty.

 

                                4.             Present to the Representative Council the wishes and desires of his/her faculty.

 

                                5.             Be assisted by the Alternate Representative in performing his/her duties.

 

                                6.             Recruit members and send required forms to the CTA office.

 

                D.            Where two (2) or more representatives occur within a school, one shall be elected as chairman to be responsible for the duties listed above.

 

Section IX:  Recall

 

                Any officer, director or representative not performing his/her duties may be removed from office by a two-thirds (2/3) vote of the Board of Directors.  Said removal may be appealed to the Representative Council where a major vote of those present and voting shall sustain or override the action of the Board of Directors.  Any member of the Executive Committee who is also a member of the Orange County Administrative Pool will be subject to the provisions of this section also.

 

Section X:  Terms of Office

 

                All terms of office shall begin on June 15 and end on June 14.


 

ARTICLE IV - BOARD OF DIRECTORS - REPRESENTATIVE COUNCIL

 

 

Section I:  Members

 

                A.            All officers and directors shall comprise the membership of the Board of Directors.  The FEA Director(s) shall be included as an ex-officio non-voting member of the Board of Directors.

               

                B.            A representative of the CTA-R shall be included on the Board of Directors as a non-voting member.

 

                C.            A Director(s) of the national affiliates of this district may be included as an ex-officio non-voting member of the Board of Directors.

 

                D.            Any officer of FEA from this District may be included as an ex-officio non-voting member of the Board of Directors.

 

                E.             No members of the Board of Directors shall hold more than (1) voting position on the Board.

 

Section II:  Duties

 

                A.            The Board of Directors shall:

 

                                1.             Have the duties, responsibilities, and authority for the conduct of the Association in all matters except as stated otherwise in the Corporate Charter or the Bylaws.

 

                                2.             By two-thirds (2/3) vote authorize within the framework of the adopted budget, the spending of the monies of the Association.

 

                                3.             Recommend to the Representative Council Goals and a Budget for the following year.

 

                                4.             Act upon matters of business, which are to be presented at both the Representative Council and the meetings of the Association.

 

                                5.             Approve the appointment of Standing Committee Chairpersons.

 

                                6.             Approve the appointment of personnel to offices and directorships if vacancies occur between annual elections, except as stated in Article III, Section IV, B.2.

 

                                7.             Be vested with the power to create a new director’s position as necessary

 

                                8.             Review Learning Communities at least once every five (5) years.

 

                                9.             Use the following additional factors in creating new districts:

 

                                                a.             Geographical relationships of the schools served by the director.

 

                                                b.             Total number of schools within the Learning Community.

 

                                10.           The new Board of Directors shall hold an organizational meeting prior to the last Board meeting in May for the express purpose of electing members to the Service Unit Council and approving appointments as necessary.

 

Section III:  Members

 

                Association Representatives and members of the Board of Directors shall comprise the membership of the Representative Council.  The membership of Retired CTA may elect one representative who shall be included as an ex-officio member of the Representative Council.  Alternates, when not substituting for the representatives and other members of this Association, may have the privilege of the Council floor for discussion but may not make motions or vote.

Section IV:  Duties

 

                The Representative Council shall:

 

                1.             Be the policy-setting body of the Association.

 

                2.             Serve as liaisons with the various schools (Article III, Section VII).

 

                3.             Have the power to arrange financial support.

 

                4.             Approve the budget.

 

                5.             Act upon the business of the Association.

 

Section V:  Ethnic Minority Guarantees

 

                1.             Members from ethnic minorities shall comprise at least twenty percent (20%) of the Board of Directors and Representative Council.

 

                2.             The Representative Council shall elect at-large Directors and/or at-large delegates to the Representative Council whenever necessary to insure the ethnic minority guarantee.

 

 

ARTICLE V - COMMITTEES

 

 

Section I:  Appointment

 

                Appointment of committees shall be made pursuant to Article III, Section V. A., except that at least one representative of CTA-R may serve as a member of each standing committee.

 

Section II:  Standing Committees

 

                A.            The standing Committees shall include the following:  Budget and Finance, Bylaws and Policies, Communications, Contract, Elections and Surveys, Government Relations, Human and Civil Rights, Instruction and Professional Development, Membership, Educational Research and Dissemination, Minority Affairs and Affiliate Relations.

 

                B.            Ad Hoc Committees:  Special Committees shall be appointed by the President pursuant to Article III, Section V. A.

 

 

ARTICLE VI - NOMINATIONS AND ELECTIONS

 

Section I:  Nominations

 

                All persons desiring to run for office shall:

 

                1.             Make formal application to the CTA office no later than two (2) weeks prior to the annual general membership meeting.

 

                2.             Nominations of eligible candidates may be made from the floor at the annual general membership meeting.

 

Section II:  Elections

 

                A.            The Elections and Surveys Committee shall:

 

                                1.             Be responsible for checking the eligibility of candidates.

                               

                                2.             Direct the election procedures.

 

                                3.             Total and validate the election results.

 

                B.            Election Procedures:

 

                                1.             Only paid members of the Association shall be eligible to vote.

 

                                2.             A majority of the votes cast shall determine those elected.  If no candidate receives a majority of the votes cast on the first ballot, the two candidates with the highest number of votes shall be placed on a run-off ballot.

 

                                3.             Any officer vacancy where there is only one nominee, the elections chair will declare that candidate elected.

 

                                4.             Any Board vacancy where there in only one nominee, the elections chair will declare that candidate elected.

 

                C.            If the Elections and Surveys Committee cannot validate the election results due to suspected election improprieties, the Chairperson of the Election Committee shall notify the Board of Directors.  The Board of Directors shall conduct an investigation and either validate the election results, order a new election, or order a new election and disqualify certain candidates.  The decision of the Board of Directors can be appealed to the Representative Council.

 

Section III:  General Elections

 

                General Elections shall:

 

                1.             Be conducted within each school no more than forty (40) days following the annual general membership meeting.

 

                2.             Be conducted by secret ballot.

 

Section IV:  Special Elections

 

                Special Elections shall:

 

                1.             Be conducted upon the direction of the Board of Directors.

 

Section V: Presidential Delegate Positions

 

                All candidates for the office of President shall simultaneously run for an FEA Delegate position, an NEA Delegate position, and an AFT Delegate position.

 

 

ARTICLE VII - MEETINGS

 

 

Section I:  General Membership

 

                A.            There shall be one (1) regular meeting of the membership of the Association to be scheduled prior to May 1.

 

                B.            Special meetings for a specific purpose shall be called by the President if the need exists or upon the written request of fifty (50) members, or upon the majority vote of the Representative Council or two-thirds (2/3) vote of The Board of Directors.

 


 

Section II:  Representative Council

 

                There shall be one (1) regular meeting of the Representative Council each month except in June and July.  These meetings may be county-wide or within the Districts.

 

Section III:  Board of Directors

 

                Regular meeting of the Board of Directors shall be held monthly during the school year, or at any other time at the call of the President or at the call of the majority of the Board members.

 

 

ARTICLE VIII - QUORUM

 

 

Section I:  Meetings

 

                A.            General Meetings of the Association

 

                                A quorum shall be the number of members present at the general meeting.

 

                B.            Representative Council

 

                                A quorum of the Representative Council shall be the number of members present at the meeting.

 

                C.            Board of Directors

 

                                A quorum s