Constitution of the St. Cloud Education Association
 St. Cloud, Minnesota

Revised 1982-83
Revised September 1997
Revised May 1999
Revised December 2002



ARTICLE I: Name

The name of this organization shall be the St. Cloud Education Association.

ARTICLE II: Purpose

Section 1 - To work for the welfare of school children, the advancement of education, and the improvement of instructional opportunities for all.

Section 2 - To develop and promote the adoption of such ethical practices, personnel policies, and standards of preparation and participation as mark a professional.

Section 3 - To unify and strengthen the teaching profession and to secure and maintain the salaries, retirement, continuing contract, leave policies, and other working conditions necessary to support teaching as a profession.

Section 4 - To enable members to speak with a common voice on matters pertaining to the teaching profession and to present their individual and common interest before the Board of Education and other legal authorities.


ARTICLE III: Membership

Section 1 - Active Members
a. All persons who are defined as a teacher as stated in the Master Agreement.
b. Active members of the Association shall also be members of Education Minnesota, the National Education Association and the American Federation of Teachers.
c. Active membership shall be continuous until the member leaves the school system, resigns from the Association, chooses to be a fair share member or fails to pay membership dues.
d. Members on long-term leave shall not be considered active members, but their membership information shall be maintained by the local.
e. Membership dues must be paid in full by October 1 of the school year unless the member chooses payroll deduction as outlined by the Master Agreement
f. Dues paid will be determined by a member’s percentage of contract. Full-time teachers will pay 100 percent of the dues. Three-quarters, one-half, and one-quarter membership dues, including state and national dues as set by the respective organizations, will be assigned as appropriate to members teaching a less than 100 percent contract.
g. The Representative Assembly of the SCEA will set the dues for membership and categorize membership status based on percentage of employment with the District. The Education Minnesota dues structure shall be used as a guide.
h. No net earnings shall inure to the benefit of any member.

Section 2 - Fair Share
All individuals employed in teaching positions which are established as being part of the bargaining unit, and who are not active members, shall be assessed Fair Share. Fair share members will not have the voting or governance rights of active members.

Section 3 - Revocation of Membership
The Executive Board with the approval of the Representative Assembly may discipline or suspend from membership, refuse membership application or expel any member who shall have violated the ethics of the education profession; may cancel the membership of any member convicted in a court of law of a crime involving moral turpitude; and may reinstate a member who had previously been suspended or expelled from the Association.

Disciplinary action, in the form of censure, suspension, or expulsion, shall not be taken against any member except for cause. Such action shall be initiated by the complaint of the elected officers, with written notice to the member, of the proposed action to be taken and the reason thereof.

Such notice shall also include the statement that the member has ten (10) calendar days in which to request a hearing before a special local discipline committee, wherein three (3) will be the quorum, at which the member is entitled to a representative of his/her choice to answer the charges and examine those making them. The hearing will be private or public at the choice of the member, and the decision, by a simple majority, shall be communicated in writing to the member, accompanied by a memorandum of findings of fact, within ten (10) days of the close of the hearing. A tie vote shall indicate no action will be taken.

a. The Executive Board shall recommend a penalty with approval and ratification by the Representative Assembly. The offending member may be censured, required to apologize, be suspended, expelled or have membership revoked for a designated period of time. “Cause” shall relate to conduct prejudicial to the purposes of the Association, which may include one or more of the following:
1. Failure to remain a member in good standing with Education Minnesota, the NEA and the AFT.
2. Violation of local policy or crisis situations affecting the entire school district.
3. Refusal to actively participate in a legally authorized strike. "Active participation" is defined as a willingness to be assigned responsibility by the Executive Board while cooperating and assisting in carrying out the strike plan.
4. Other good and sufficient cause whereby the conduct of the member would be harmful, injurious and/or detrimental to the purposes of the Association.
b. A member who is expelled or suspended from membership in the local Association shall have the right to appeal to the Education Minnesota Governing Board in accordance with such policies and procedures as the Board may adopt. Appeal to the National Education Association or the American Federation of Teachers shall be governed by the policies and procedures adopted by the NEA or the AFT.
c. A member may appeal his/her suspension or expulsion from membership by action of his/her local Association. Within thirty (30) days of his/her notification of the decision to suspend or expel, the member shall submit the appeal of the Education Minnesota President.
d. The appeal shall be based only on a claim that:
1. The local Association failed to follow its own policies or procedures in the case.
2. The member was denied due process by his/her local Association.
3. The suspension or expulsion violated the legal or constitutional rights of the member, or
4. The suspension or expulsion violated the NEA Statement of Member Rights in Teacher Organizations.
e. The member appealing his/her suspension or expulsion shall submit his/her written appeal to the Education Minnesota President, who shall schedule and conduct the appeal according to Education Minnesota policy and procedures.


ARTICLE IV: Affiliation

The Association shall affiliate with Education Minnesota, the National Education Association, and the American Federation of Teachers, and the AFL-CIO in accordance with the regulations governing such affiliation.


ARTICLE V: Elected Officers

The elected officers of the Association shall be President and Vice-President.


ARTICLE VI: Executive Board

Section 1 - The Executive Board shall consist of the elected officers of this Association, and five elected members: one pre-K/elementary teacher representative, one middle school/junior high school teacher representative, one high school/adult education teacher representative, and two at-large representatives. Members of the Executive Board shall also be voting members of the Representative Assembly and may serve as ex-officio members of standing committees. Members of the local elected to the Education Minnesota Governing Board may serve as ex-officio members of the Executive Board.

Section 2 - Whenever a majority of the Executive Board shall agree that an officer has been grossly negligent of the duties defined in the Constitution or is incapacitated, they shall recommend to the Representative Assembly that the office be declared vacant. If the Assembly so votes by a two-thirds vote, it shall immediately elect a replacement to fill the unexpired term.


ARTICLE VII: Representative Assembly

Section 1 - The legislative and policy forming body of the Association shall be the Representative Assembly.

Section 2 - The Representative Assembly of the SCEA shall comprise representatives elected from each school’s E.A. members and from other areas of the staff not included or represented by the schools administered in Independent School District #742.

Section 3 - Any member of the Association who is not a member of the Representative Assembly may attend its meetings, may be directed by the President to sit apart from the voting body, and may receive permission to speak.


ARTICLE VIII: Amendments

Section 1 - The Representative Assembly may adopt amendments to this Constitution by a two-thirds vote of those voting at any regular meeting provided that amendments have been introduced at the preceding regular meeting of the Representative Assembly and that copies of proposed amendments have been distributed to members of the assembly for membership discussion.

Section 2 - A general revision of the constitution may be ordered by a two-thirds vote of those present and voting at any general meeting of the Association, provided that this action was proposed at the previous general meeting.

Section 3 - The Constitution, in part or whole, may not be temporarily waived or suspended.
 

Bylaws of the St. Cloud Education Association

Revised 1982-83
Revised September 1997
Revised October 1998
Revised May 1999
Revised December 2002


ARTICLE I: Meetings

Section 1 - Full Membership Meetings

a. The President or the Executive Board may call a general meeting when deemed advisable or the President shall call a general meeting upon request of five (5) percent of the membership. When a general meeting is called, the President shall issue an agenda including the time, place, and date of the meeting to each building at least 48 hours preceding the date.
b. Emergency Meetings - The President, with the approval of the Executive Board, may call emergency meetings of the Association membership with less than 48 hours notice.

Section 2 - Representative Assembly
a. The Representative Assembly shall meet monthly or as necessary. The meetings shall be established by the President. The President shall prepare an agenda for each meeting and shall circulate it to all members of the Assembly so that representatives have time to discuss it with their members in advance of the Assembly meeting.
b. Special meetings of the Representative Assembly may be held at the discretion of the President or upon written request to the Executive Board from five representatives. Business to come before special meetings must be stated in the request; this information shall be distributed in writing to each representative prior to the meeting.

Section 3 - Executive Board
The Executive Board shall meet monthly. Special meetings may be called by the President or at the request of three members of the Board.

Section 4 - Standing Committee Meetings
The Standing Committees shall meet regularly and may hold special meetings at the call of the Chairperson. Notice of location and times of all meetings shall be sent to the committee's representatives and the President.


ARTICLE II: Quorum

If a quorum is present when the meeting is called to order, members may continue to transact business until adjournment notwithstanding the withdrawal of enough members to leave less than a quorum. A majority of its members shall be a quorum for the Representative Assembly, the Executive Board, and the committees. In a meeting of the full membership, where business is to be carried out, a quorum shall be a majority of the membership.


ARTICLE III: Authority of Officers

Section 1 - President
The President shall preside over meetings of the Executive Board and the Representative Assembly, appoint the chairpersons of the standing committees and such committees as may be necessary with the approval of the Executive Board. The President shall be an ex-officio member of all standing committees and shall be the executive officer of the Association.

The President shall represent the Association at School Board meetings and before the public either personally or through delegates, and shall perform all other functions usually attributed to this office.

The President shall be a delegate to the state and national assemblies. The President shall be the chairperson of the state and national delegations. In the event the term of office ends during the state or national assemblies, the newly elected president shall chair the delegation.

The President shall appoint the recording secretaries of the Representative Assembly and the Executive Board by September 1, with the approval of the Executive Board. The President shall appoint the Parliamentarian for the Representative Assembly with approval of the Representative Assembly.

Section 2 - Vice-President
The Vice President shall perform the functions usually attributed to the office.

Section 3 - Treasurer
The Treasurer shall be appointed by the President and approved by the Executive Board. The Treasurer shall be bonded by the Association. The Treasurer shall hold the funds of the Association and disburse them upon authorization by the Executive Board. The Treasurer shall receive the dues and any special assessments collected by faculty representatives and transmit amounts due to the State Association. The Treasurer shall keep accurate accounts of receipts and disbursements and shall prepare an annual financial statement for publication to members as directed by the Executive Board. The Treasurer shall keep the President and Executive Board informed of the financial condition of the Association. All investments must be approved by the Executive Board. The Treasurer shall have the books audited annually at the discretion of the Executive Board.


ARTICLE IV: Authority of the Executive Board

Section 1 - The Executive Board shall be responsible for the management of the Association, approve all expenditures, carry out policies established by the Representative Assembly, report its transactions and those of the Assembly to the members, and suggest policies for consideration by the Assembly. In no case shall an officer hire or enter into any agreement involving help with the exception of professional services, not covered by Worker's Compensation.

Section 2 - The Executive Board shall develop an annual budget to be approved by the Representative Assembly.

Section 3 - The Executive Board shall set priorities for the utilization of Education Minnesota staff for the SCEA unit.


ARTICLE V: Authority of the Representative Assembly

Section 1 - The Representative Assembly shall approve the budget, set the dues for the Association, act on reports of committees, and approve resolutions and other policy statements. It shall adopt procedures for implementing the Code of Ethics of the Education Profession and determine procedures to be followed in censuring, suspending, and expelling members for cause or for reinstating members. It may adopt such rules governing the employment of staff, the conduct of the Association, and the conduct of meetings as are consistent with the Constitution and Bylaws. It shall be the final judge of the qualifications for office and election of officers and faculty representatives. Power not delegated to the Executive Board, the officers, or other groups in the Association shall be vested in the Representative Assembly.

Section 2 - The Representative Assembly shall have the power to assess the members.


ARTICLE VI: Building Representatives

Section 1 - Faculty members in good standing of the Association shall elect for a term of two years a Building Representative to the Representative Assembly. Representation units will consist of fifteen (15) members, or a major fraction thereof. Where more than one representative is elected in a unit, the elected representatives shall elect a Building Chairperson.
Election shall be held in April, and the Representatives shall attend the May meeting of the Representative Assembly, and shall take office July 1.

Section 2 - Building Representatives shall attend all scheduled and called meetings of the Representative Assembly. Representatives not able to attend meetings are required to send an alternate.

Section 3 - Building Chairpersons are responsible for calling building
meetings of the Association members to discuss Association business, shall appoint committees as the Association may require, and shall organize and oversee the subsequent elections of building representatives, the enrollment of members, and two-way Association communication within the building.


ARTICLE VII: Standing Committees

Section 1 - Structure
There shall be standing committees with specific duties outlined by the Association. Each standing committee shall have at least six (6) members, selected by the appointed chairperson, with the approval of the Executive Board, to represent different groups in the Association. The term of appointment is two years. Each committee may organize subcommittees and task forces for specific activities from the membership of the Association.

In no case shall a committee present or sponsor a statement to the public through the news media, whether paid for or not by the Association, without first submitting it to the Executive Board for approval. In no case shall a committee hire or enter into any agreement involving outside help, with the exception of professional services, not covered by Worker's Compensation.

Section 2 - Reports
Each standing committee shall chose a secretary who shall keep a continuing record of activities. The chairperson or other representatives of each committee shall report each month to the Representative Assembly and shall prepare an annual evaluation for the Executive Board summarizing objectives, action programs, gains and unmet goals, which shall become a part of each committee’s records in the Association files. This evaluation shall be submitted by the end of the school year.


ARTICLE VIII: Duties of Standing Committees

Section 1 - General Duties
Each committee shall have the duty to develop and implement the progress of the Association in the subject areas assigned to it. Each committee shall prepare recommendations for the Executive Board concerning the committee's budget and financial needs.

Section 2 - Governmental Relations Committee
The committee shall have broad concern for local, state, and national legislation affecting the interest of the St. Cloud Education Association and shall inform members of their political responsibilities. The committee shall be diligent to inform members about legislation. The Governmental Relations Committee shall study pending legislation and promote activities leading to the passage of desirable state and federal legislation for education. The committee shall educate members and the public on the political responsibilities of teachers and develop programs that will encourage wide exercise of these responsibilities.

The committee shall have concern for local elected officials' activities. This shall include the school board, local city councils, and local county boards of commissioners. The committee shall be diligent to inform members about policies and ordinances that affect education. The committee shall study pending actions of the aforementioned governmental bodies and promote activities leading to passage of desirable policies/ordinances for education.


ARTICLE IX: Special Committees

The President shall appoint special committees as may be necessary and shall discharge them upon completion of their duties. These committees shall operate according to rules approved by the Representative Assembly. Special committees may be charged with tasks related to one or more of the following Association goals:
a. Identify opportunities for professional growth for members
b. Facilitate the recognition of teacher accomplishments
c. Develop methods to ensure member rights and responsibilities
d. Develop plans to involve members in the bargaining process
e. Coordinate member communication
f. Develop community connections
g. Promote community understanding of education issues
h. Organize activities that may serve the needs of members and promote fellowship within the SCEA
i. Encourage member involvement in the Association
j. Complete other tasks as directed by the President, Executive Board, and Representative Assembly


ARTICLE X: Negotiations Team

Section 1 - Purpose and Authority
The Negotiations Team shall be the official representative body of the St. Cloud Education Association in all matters of negotiations business pertaining to the Board of Education. The St. Cloud Education Association Negotiations Team will represent all members of the St. Cloud Education Association.

Section 2 - Selection
The Negotiations Team shall be appointed by the President and approved by the Representative Assembly. The members of the Negotiations Team are responsible to the Executive Board and the Representative Assembly.

Section 3 - Communication
The Negotiations Team will provide regular communication to the membership. The Negotiations Team will present information about possible contract-related action (contract ratification, strike vote, etc.) to the Association membership according Association policies.


ARTICLE XI: Terms of Office and Qualifications

Section 1 - President
The term of office of the President shall be for two years, beginning in an even numbered year, with duties commencing on the first day of May following his/her election. Concurring leadership will occur during the month of May with the new officer assuming authority on the first day after the end of the school year. A candidate for President shall have been an active member in good standing of the Association for the three (3) year period immediately preceding the election and shall remain an active member during the term of office.

Section 2 - Vice President
The term of office of the Vice President shall be for two years, beginning in an even numbered year, with duties commencing on the first day of May following his/her election. Concurring leadership will occur during the month of May with the new officer assuming authority on the first day after the end of the school year. A candidate for Vice President shall have been an active member in good standing of the Association for the three (3) year period immediately preceding the election and shall remain an active member during the term of office.

Section 3 - Executive Board Members
Executive Board members shall be elected for two (2) year terms. Election of elementary school, middle school/junior high school, and high school representatives to the Executive Board shall occur in even-numbered years. Election of at-large representatives to the Executive Board shall occur in odd-numbered years. A candidate for Executive Board shall have been an active member in good standing of the Association for the three (3) year period immediately preceding the election and shall remain an active member during the term of office.


ARTICLE XII: Elections and Procedures

Section 1 - Nominations
a. The active members of the Association in each building may nominate candidates for President, Vice President, Executive Board, Education Minnesota Representative Convention Delegate(s), NEA Representative Assembly Delegate(s), AFT Convention Delegate(s) and the Continuing Education Committee, as the case may be. All nominations must be delivered in writing to the SCEA office by the time and date set by the Representative Assembly.
b. All nominations will be reported to the Representative Assembly. Members of the Assembly may nominate other candidates from the floor.

Section 2 - Balloting
During an election members shall vote for President, Vice President, Executive Board, Continuing Education Committee, and Education Minnesota Representative Convention delegates, and NEA and AFT national meetings, as the case may be, by ballot, in accordance with procedures developed by the SCEA Representative Assembly. All election procedures will follow SCEA Election Rules.

Section 3 - Vacancies
a. In the event of a vacancy in the office of President, the Vice President shall succeed to the office of President for the remainder of the current presidential term.
b. In the event of a vacancy occurring in the office of both the President and Vice President, the President’s office vacancy will be filled by the most senior member of the Executive Board until a special election has been held.
c. Vacancies occurring during a term of office of Vice President, Executive Board member, or Continuing Education Committee, shall be filled by Presidential appointments with the approval of the Representative Assembly.
d. Vacancies occurring in the Representative Assembly shall be filled by a procedure determined in each building.


ARTICLE XIII: Selection of Delegates to the Education Minnesota Representative Convention, NEA Representative Assembly, and AFT Convention

Section 1 - The President, Vice President and Executive Board members are delegates to the Education Minnesota Representative Convention on the basis of the Association-wide election to their respective offices. The President is a delegate to the NEA Representative Assembly on the basis of the Association-wide election to that office.

Section 2 - Additional delegates to the Education Minnesota Representative Convention, AFT Convention, or NEA Representative Assembly shall be elected at large. Any member of the SCEA is eligible for election to these positions and may vote for the candidates for their positions.

Section 3 - The President shall be the chairperson of the Education Minnesota and NEA delegations.

Section 4 - In the event the designated chairperson of the delegation is unable to fulfill the duties the delegation shall elect a chairperson.


ARTICLE XIV: Authority

Robert’s Rules of Order, Newly Revised, shall be the official parliamentary guide for the Association.


ARTICLE XV: Amendments

Section 1 - These By-laws may be amended by a majority vote at any regular meeting of the Representative Assembly provided that proposed amendments have previously been studied by the Executive Board and that copies have been sent to faculty representatives a minimum of two (2) calendar weeks in advance of the meeting.

Section 2 - The By-laws, in part or whole, may not be temporarily waived or suspended.


ARTICLE XVI: Contract Ratification

General Provisions:
The vote to ratify a contract shall be conducted by secret ballot and all active members of the Association shall have the right to vote. Members must sign for their ballots. A majority of those voting is necessary to approve the contract.

Section 1 - Ratification During the School Year
A general membership meeting will be held to present the specifics of a proposed contract settlement to the members. Balloting will occur the school day following the general membership meeting. Ballots will be distributed within the appropriate buildings to all eligible voters by the building chairperson or representative in a manner determined by the members of that building. The building chairperson will be responsible for the delivery of the ballots to the SCEA office no later than 4:30 p.m. on the day of balloting. Any ballots delivered after that time will not be valid. On the second school day following the general membership meeting, members who were not able to vote in their buildings may vote at the SCEA office. All balloting will officially end at 4:30 p.m. on the second day following the general membership meeting.

Section 2 - Ratification Subsequent to a Strike
If the contract ratification meeting takes place while teachers are involved in a strike, all active members of the bargaining unit who participate in the strike shall be eligible to vote on the proposed Master Contract. A majority of those voting is necessary to approve the contract. A timeline for ratification shall be established by the Representative Assembly.

Section 3 - Ratification During the Summer
If a tentative agreement is reached at a time at which school is not in session, the President or an appropriate association officer available shall be authorized to call a meeting for the purpose of ratifying the proposed agreement. A notice of the meeting shall be mailed to the membership within two (2) calendar days of the tentative agreement. The meeting shall be held no earlier than seven (7) calendar days after the date of the notice. Included with the notice will be a summary of the negotiated changes in the Master Contract. A secret ballot vote on the proposed agreement shall be held at this meeting provided there is a quorum present. Any teacher who does not vote at the meeting will have the three business days following the meeting to vote on the contract at the SCEA office. Any ballot received after this time will not be valid.

If a quorum is not present at the Association meeting, a full Association meeting will be called the first day of workshop for the purpose of ratification. Voting will take place at the meeting. Any member who does not vote at the meeting may do so the following school day at the SCEA office during normal business hours.


ARTICLE XVII: Conducting a Strike Vote

In the event that a contract agreement cannot be reached between the Association and the school district, the Association shall conduct a strike vote at its discretion. A general membership meeting will be called to discuss the status of negotiations. The meeting will be noticed to the membership at least two school days prior to the actual meeting. A strike vote shall be conducted at the general membership meeting. The vote shall be by secret ballot. Two-thirds (2/3) of the active membership must vote their approval of a strike action. Members who cannot attend the general meeting may vote via absentee ballot prior to the meeting at the SCEA office during normal business hours.