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 V - UTF
Membership........................................................... 2
Section VI - Representation
Eligibility................................................. 3
Article III - Officers - Directors -
Representatives Staff..................
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 directors 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 |