CONSTITUTION
AND
BY-LAWS
BRISTOL/WARREN EDUCATION
ASSOCIATION
Approved April 23, 2008
(This is Amendment 3 to the original BWEA Constitution
approved May 4, 1994 with Amendment 1 approved December 19, 2000 and Amendment 2 approved May 1,
2007.)
CONSTITUTION
ARTICLE I
NAME
The name or this organization shall be the Bristol/Warren Education Association.
ARTICLE II
PURPOSE
Section 1 To unify and strengthen the teaching profession and to secure and maintain the salaries,
retirement, tenure, professional and sick leave and other working conditions necessary to support teaching as a profession.
Section 2 To enable members to speak with a common voice on matters
pertaining to the teaching profession and to promote their individual and common interests before the Board of Education and
other legal authorities.
Section 3 To
hold property and to employ a staff for the attainment of these purposes.
ARTICLE III
MEMBERSHIPS
Section 1.a Active membership in the
Association shall be open to all professional personnel employed in the schools of Bristol/Warren, Rhode Island, as defined
by the Michaelson Act.
Section l.b Active membership shall
be continuous until the member leaves the school system, resigns from the Association, or fails to pay membership dues.
Section 1.c Active members of the Association shall
also be members of NEARI and the NEA.
ARTICLE IV
OFFICERS
The
officers of the Association shall consist of a president or co-presidents (2), vice-president, a secretary, a treasurer,
and elementary, middle and high school grievance chairpersons.
ARTICLE V
REPRESENTATIVE
COUNCIL
Section
1 The Representative Council shall be the executive authority of the Association. The Council
shall also serve as the legislative and policy-forming body of the Association.
Section 2 The Representative Council shall consist of the Officers, the Chairpersons of the Grievance
and Negotiating Committees, and school representatives chosen in accordance with Article V – Section 1 of the by-laws.
Section 3 The Representative Council shall have the power to employ
a staff for the efficient management of the Association.
Section
4 After a hearing and whenever a 2/3 majority of the Representative council shall agree that an officer or representative
has been grossly negligent of the duties and/or responsibilities as defined in the by-laws, is incapacitated, or shall announce
intention to no longer serve; the office shall become vacant.
Section
5 Any member of the Association who is not a member of the Representative Council may attend its meetings and
shall sit apart from the voting body, but shall receive permission to address the Council if they so request.
ARTICLE VI
AFFILIATION
The
Association shall be affiliated with the National Education Association – Rhode Island.
ARTICLE VII
AMENDMENTS
AND REVISIONS
The Representative Council may propose amendments and/or revisions
to the Constitution to the general membership by a 2/3 vote.
Proposed amendments and/or revisions must have been introduced at the preceding regular meeting
of the Representative Council and copies of the proposed amendments and/or revisions must have been distributed to members
of the Council for faculty discussion. At least thirty (30) days shall transpire between both meetings,
and then the amendment must be presented to the general membership for final ratification also by a 2/3 vote.
ARTICLE VIII
PROVISIONS
FOR DISTRIBUTION OF ASSETS ON DISSOLUTION OR FINAL LIQUIDATION
The Representative Council shall, after paying or making provision
for the payment of all liabilities of the Association, dispose of all of the assets to such organization or organizations
organized and operated exclusively for such purposes as shall at the time qualify as an exempt organization or organizations
under 501(c) 5 of the Internal Revenue Code as the Executive Committee shall determine.
BY-LAWS
ARTICLE I
MEETINGS
Section 1 Meetings of the Representative Council shall be held at least monthly during the regular
school year at the call of the President(s). An annual calendar of meetings will be formulated by the members
at the first meeting.
Section 1.a Regular Representative Council
The President(s) shall prepare the agenda for each meeting and shall circulate it to all members
of the Council so those Representatives have time to discuss it with their faculty members in advance of the Council meeting.
Minutes of the Representative Council meeting shall be available to all members before the next meeting.
Section 1.b Special Representative Council
Special meetings of the Representative Council may be held at the call of the President(s)
or upon written request to the President from five (5) faculty representatives (or three [3] officers). Business to come before
special meetings must be stated in the call, which shall be sent in writing to each representative.
Section 2 General Membership Meetings
The Representative
Council shall arrange meetings of the members each year. By petition of a majority of the members, a special
general membership meeting may also be called.
ARTICLE
II
QUORUM
Section 1 A majority of their members shall be a quorum for the Representative Council and all Committees.
Section 2 Twenty percent (20%) of the membership shall constitute
a quorum at all General Membership meetings of the Association.
ARTICLE
III
POWERS
OF OFFICE
Section 1
President(s)
The Office of President(s) may be held by a single President or up
to two (2) Co-Presidents. The President(s) shall preside over meetings of the Representative Council, appoint
the chairpersons of the standing committees (except the grievance chairs) with the advice and consent of the Representative
Council, appoint chairpersons of the special committees with the advice and consent of the Representative Council, may attend
any committee meetings and shall be executive officer(s) of the Association. The President(s) shall represent
delegates, and shall perform all other functions usually attributed to the officers.
Section 2 Vice President
The Vice President of
the Association shall perform the functions usually attributed to the office and may choose to be an ex officio member of
any committee with the power to vote. The Vice President shall stand ready to perform any additional duties required by the
President(s) including, but not limited to, temporarily chairing committees. The Vice President will also attend or send a
designee to all regular or special meetings of the Bristol Warren Regional School Committee. If unable
to do so a copy of the School Committee minutes will be obtained at the earliest opportunity.
Section 3 Secretary
The Secretary shall keep accurate minutes of all meetings of the
General Membership and the Representative Council. The Secretary shall assist the President(s) with Association
correspondence. The Secretary shall be responsible for the dissemination of information
to the membership.
Section 4 Treasurer
The Treasurer shall hold the funds of the Association and disburse them upon authorization of the
Representative Council. This officer shall maintain a roll of members of the Association; keep accurate accounts of receipts
and disbursements; report to each meeting of the Representative Council and prepare an annual financial statement for publication
to members as directed by the Representative Council. This officer shall keep the President(s) and Representative
Council informed of the financial condition of the Association and assist the Representative Council in the initial drafting
of the annual budget. The Treasurer shall submit a proposed budget
to the Representative Council at its April meeting. This proposed budget shall include a recommendation
as to membership dues for the following year. All checks issued by the Treasurer shall require two
signatures from among the President(s), Vice President, Secretary, Treasurer and any other persons approved by the Representative
Council. An independent audit shall be completed at least once
every two (2) years.
Section 5 Grievance Co-Chairs
The
primary function of the Grievance Co-Chairpersons is to handle grievances from Level II through arbitration following procedure
as written in the contract. Grievance Co-Chairpersons will work with representatives from the elementary,
middle and high schools. They should receive all Level I information whether
or not the grievance goes further. It is the function of the grievance Co-Chairpersons to set up meetings
and hearings with the interested parties, when the grievance is initiated. They will also meet with the
Superintendent, School Committee, etc. as necessary.
Section
6 Terms
and Succession
Section 6.a The
officers elected by the general membership shall serve for two (2) years and may be re-elected without an intervening term.
Section 6.b Whenever any of the above offices become vacant between
elections, an election shall be held within thirty (30) school days. If the Office of President(s) is held by two persons
and one position shall be vacated the Vice President shall assume that position except if the Representative Council shall
vote to continue with a singular President. If both the offices of President and Vice President become
vacant, the Representative Council shall choose from among its members, the Secretary, the Treasurer or the Grievance Chairpersons,
someone to serve as President pro tempore until an election is held.
Section
7
Honoraria for Officers
The yearly honoraria for officers shall be:
President
(one serving) - $8,500
President (two serving) - $5,000 each
Vice President
- $4,000
Secretary
- $3,250
Treasurer
- $4,500
Grievance Chairpersons - $3,500 Elementary
$2,750 Middle
$2,750 High School
Section 8 Honoraria
for Negotiating Committee
Seven Thousand Five Hundred dollars ($7,500) shall be set aside to compensate the Negotiating Committee. All or a portion of
these funds shall be apportioned as determined by the Representative Council and may be increased if the Council deems it
necessary.
Section 9 Honoraria for Representative Council Members and Grievance
Committee Members
The honoraria for Representative Council and Grievance Committee
members shall be established at $40.00 per meeting
attended.
ARTICLE IV
POWERS
OF THE REPRESENTATIVE COUNCIL
Section 1 The Representative Council shall be
responsible for the management of the Association, approve all expenditures, carry out policies it establishes and report
its transactions to the members.Also, the Representative
Council shall approve the budget and approve and advise the President(s) regarding the appointment of chairpersons of standing
committees and of chairpersons of special committees except where defined in Article VI, Section 4.e. The Council shall act
on reports of committees. It shall be the final judge of the qualifications and election of officers and
faculty representatives, except where defined in Article VIII, Section 1 paragraph c.
Section 2 The officers shall be expected to attend all Representative Council meetings.
If in the opinion of the Representative Council an officer has missed more than three (3) meetings without just cause,
that person shall be granted a hearing before the Representative Council to decide the status of the office.
ARTICLE V
FACULTY
REPRESENTATIVES
Section 1 At the first faculty meeting of the
year, each school shall elect for a term of one (1) year faculty representatives as follows: One representative
for every 25 BWEA members (or portion thereof) assigned on Opening Day.
Section 2 Faculty Representatives shall attend the regular meetings of the Representative Council
unless they are excused prior to the meeting by the President(s). After two (2) unexcused absences of the
representative, the President may declare the seat unfilled and designate a member in good standing to organize a special
election. Faculty Representatives shall in their area of representation:
a.
Seek to enroll members to serve on committees.
b.
Hold meetings when necessary.
c.
Disseminate information to the membership.
d.
Refer grievances to the Grievance Committee.
e.
Obtain professional information.
f.
Promote social functions of the Association.
g.
Post the agenda of Representative Council meetings.
h.
Voice opinions of their constituents.
i.
Perform any duties necessary for the proper function of the Association.
ARTICLE VI
STANDING
COMMITTEES
Section
1 There shall be five (5) standing committees appointed in September or as soon as possible thereafter by their
respective chairperson except as defined in Article VI, Section 4.e and approved by the Representative Council. Each committee
shall carry the special functions authorized below. They shall have at least three (3) members, selected
to represent different groups in the Association and appointed for a term of one (1) year. Each committee may, with approval
of the Council, organize special sub-committees and task forces for specific activities from the membership of the Association.
Section 2 Meetings
Each standing
committee shall meet regularly according to a calendar developed by the Executive Board and may hold special meetings at the
call of the chairperson.
Section 3 Reports
Each standing committee shall choose a secretary who shall keep a continuous record of activities.
Chairpersons shall report as necessary to the Representative Council and shall prepare an annual written report summarizing
objectives, action programs, gains and unattained goals, which the Council shall distribute to the members and which shall
become part of the continuing committee record in the Association files.
Section 4 Titles and Duties
Section 4.a Negotiating Committee
shall explore prepare material as necessary in all areas of teacher welfare with particular responsibility for salaries, leaves,
fringe, benefits, insurance, credit and investment facilities and general working conditions. This Committee shall be responsible
for professional negotiations as defined in the General Laws of Rhode Island. This Committee shall be composed
of teachers from each level (elementary, middle, secondary) and from each building such as is possible to make it representative
of the entire association.
Section 4.b
Grievance Committee shall fulfill its function as set forth in the grievance procedure in the
master contract. This Committee shall be composed of the Officers plus teachers from each level (elementary,
middle, secondary) and from each building such as is possible to make it representative of the entire association. One member
shall be designated as the chairperson for elementary grievances, another member as the chairperson for middle school grievances and a third member as chairperson for high school grievances.
Section 4.c Committee on Public Relations
shall seek to develop public understanding of the purposes and programs of the Association, the values and importance of education
and, in cooperation with administration, the educational philosophy and programs of the schools. It shall
develop procedures by which the Association can work cooperatively with parents and public in civic, fraternal and social
organizations and through all available channels of communications. This Committee shall be composed of
at least five (5) members representing all levels (elementary, middle, secondary) from buildings in both towns.
Section 4.d Committee on professional Relations
shall develop and conduct programs for the orientation of new teachers to the community, school system and Association.
It shall organize such social activities as may serve the needs of members and promote fellowship within the Association.
Section 4.e Committee on Elections
shall consist of a maximum of five (5) members, who shall be elected by the Representative Council. Within five (5) days after
this election the President(s) shall designate a chairperson. This Committee shall be composed of at least five (5) members
representing all levels (elementary, middle, secondary) from buildings in both towns.
Section 5 Relation to the Representative Council
The Representative
Council shall assist the President in filling all unexpired terms if vacancies exist after the committees have been appointed
and shall plan for an organizational committee conference each year. It shall assist to decide any jurisdictional
argument between committees.
Section 6 Relation
to State and National Associations
The standing committees shall seek
to understand and relate to the objectives and programs of corresponding units of state and national associations and shall
counsel with them.
ARTICLE VII
SPECIAL
COMMITTEES
Special committees shall consist of an Audit Committee, a Budget Committee and
such other special committees as may be necessary. These committees shall be discharged upon completion
of their duties. These committees shall operate according to the rules approved by the Representative Council.
No officer of the Association shall serve on the Election Committee or the Audit Committee.
ARTICLE VIII
ELECTIONS
Section
1 Nominations
Section l.a The active members of
the Association in each building during the month of March may nominate a candidate who is an active member of the Association
for each office. A Faculty Representative shall deliver all nominations in writing to the Committee on
Elections. All nominees must acknowledge in writing a willingness to seek office. Nominations close on
the 3rd Friday in March.
Section 1.b
At the time of acceptance each candidate shall be responsible to see that the Committee of Elections has a biographical
sketch listing qualifications by April 1st.
Section 1.c
Any member of the Committee on Elections who accepts a nomination for an office must resign from the Committee and
shall be replaced to conform to Article VII, Section 4.e.
Section
1.d The Committee on Elections shall publish a ballot consisting of the candidates for each office.
The Committee shall also publish the biographical sketch on each candidate. There shall be separate ballots for the
elementary, middle and high school levels to reflect the candidates for their respective grievance chairs.
Section 1.e A majority vote will determine winners for
each office. Candidates for
President/Co-President may declare as individuals or may declare as a two-person slate for Co-President. Members
will cast one vote for each office. If a two-person slate gains the majority, they will serve as Co-Presidents
for the two-year term of office. If an individual gains the majority, he/she shall serve as President for
the two-year term of office. If no person/slate holds a simple majority of the ballots cast for any office,
then a runoff among the top three finishers shall take place. If after this runoff no person/slate shall
have a simple majority, then a second runoff between the top two finishers shall take place.
Section 1.f In the event that only one (1) candidate runs for
any office that person shall be declared unanimously elected to that office.
Section 1.g In the event that no one declares as a candidate for an office, the President(s) shall be empowered
to appoint a member to fill that office with the approval of the Representative Council. Said approval
shall be voted on at the next Representative Council meeting and persons so appointed shall fill the office until the next
regular election.
Section 1.h Within two (2) weeks prior to an election of the
officers of the Association, the Committee on Elections shall publish an election plan.
Section 2 Balloting
On the first day of school
in May, members shall vote for officers by ballot, in accordance with the procedures developed by the Committee on Elections
and approved by the Representative Council. The Committee on Elections shall report the results to the
President who shall cause them to be published. The new officers shall be installed at the June meeting
of the Representative Council.
ARTICLE IX
AUTHORITY
Roberts
Rules of Order. Revised shall be the parliamentary
authority for the Association on all questions not covered by the Constitution and by-laws and such standing rules as the
Representative Council may adopt.
ARTICLE X
AMENDMENTS
AND REVISIONS
The Representative Council may propose amendments and/or revisions to the by-laws
to the general membership by a 2/3 vote. Proposed amendments and/or revisions must have been introduced
at the preceding regular meeting of the Representative Council and copies of the proposed amendments and/or revisions must
have been distributed to members of the Council for faculty discussion. At least thirty (30) days shall
transpire between both meetings, and then the amendment must be presented to the general membership for final ratification
also by a 2/3 vote.