Professional Documents
Culture Documents
Constitution and Bylaws Saddleback Valley Educators Association
Constitution and Bylaws Saddleback Valley Educators Association
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i. To maintain and extend loyalty to SVEA/CTA/NEA;
j. To make more readily available to members, the services of the
Association;
k. To furnish lines of communication between the Association and its
members;
a. To serve the membership in any other lawful manner leading directly or
indirectly to the improvement of group and individual morale and welfare
with regard to service in the educational profession.
1-3 Affiliation with the United Teaching Profession
ARTICLE 2 MEMBERSHIP
2-3 Active Membership Active membership shall be open to any person who is
engaged in or who is on limited leave of absence from professional education
work, is an employee of the Saddleback Valley Unified School District, and
whose primary assignment is such as not to hold supervisory responsibility over
other certificated employees to such an extent as not to be represented in the
negotiations process by the teacher bargaining unit.
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positions may be enrolled as Associate members in accordance with policies
adopted by the Representative Council. Rights and privileges in such cases
shall be limited to continuance in economic benefit and insurance programs
previously held as Active members.
2-6 Membership Year The membership year shall be that period of time from
September 1st of any given calendar year through August 31st of the following
calendar year, inclusive.
2-9 The basic annual dues level for Active members, and representation fee for
non-members represented in the bargaining unit, shall be sufficient to cover
the operating expenses of the Association and the dues of CTA and NEA. Total
dues for each member and representation fees for agency fee payers shall be
the sum of the national, state and local dues. It is recognized that, by law,
agency fee payers may have a right to have a portion of their fees returned
during the fiscal year.
SVEA dues shall be set annually on an indexing basis by multiplying the salary
of a teacher with 5 years/35 units times the index factor of .5%.
2-10 Dues for Other than Active Membership The Association’s portion of the
annual dues for other than Active membership shall be established by action of
the Representative Council at the last regular meeting of the school year or by
the membership of the Association by secret ballot.
2-11 Property Rights No individual member shall attain rights to any property of the
Saddleback Valley Educators Association/CTA/NEA as a result of membership.
2-13 Definition of Racial and Ethnic Minority For the purpose of such specific racial
and ethnic minority guarantees as are contained within these Bylaws, such
minorities shall consist of American Indian/Alaska Native, Asian/Pacific
Islander, African American, and Hispanic.
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2-14 Obligations of Membership Members of the Association shall be subject to the
following obligations:
a. Rights of Membership
b. The right to vote and to hold elective or appointed position in the
Saddleback Valley Educators Association shall be limited to Active
members except as otherwise provided.
c. All members shall be eligible to receive special services, assistance in the
protection of professional and civil rights, and reports and publications of the
Association in accordance with the policies and procedures of the
Association.
d. Membership shall be continuous unless terminated for sufficient cause.
3-1 General The basic component of the Association to which every Active
member shall be assigned and carried on the rolls shall be a Local Faculty Unit,
represented by a faculty representative who shall be a voting member of the
Representative Council.
3-2 Composition The Local Faculty Unit for each school campus shall consist of
the Active members of the Association employed on that campus. Active
members who are not represented through an individual school Faculty Unit
shall be counted as a Special Faculty Unit entitled to the same representation
on the Council as individual school Faculty Units.
3-3 Allocation of Faculty Representatives Each Local or Special Faculty Unit shall
be authorized at least one Faculty Representative. Additional Faculty
Representatives shall be allocated on the basis of one Representative for every
additional twenty-five Active members and Agency Fee payers, or major
fraction thereof, after the first twenty-five Active members. Allocation of Faculty
Representatives shall be established by the Executive Board based on a
membership census of each Faculty Unit as of October 1st of each calendar
year. Once made each year, such apportionment shall remain in effect until the
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following September 30th, unless an appeal for change based on extenuating
circumstances is approved by the Representative Council.
3-5 Alternates Alternate Faculty Representatives shall be elected by and from the
Active members of each Unit as necessary to serve in the event of absence or
incapacity of the regular incumbent for any reason.
4-1 Basic Classes of Governance Bodies The following shall be the three (3)
basic classes of governance bodies for the Association in the order of their rank
and precedence:
a. The Active membership shall exercise the highest and ultimate class of
governance through the general election process;
b. The Representative Council shall act for membership on all policymaking
matters as prescribed herein; and
c. The Executive Board shall exercise ongoing governance as the
organizational Board of Directors defined in the law and on all other matters
delegated to it by the governance documents and/or by actions of the
Representative Council.
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4-3 Governance conducted in accordance with the governance documents. These
shall be as follows, in the order of their rank and precedence:
a. The Articles of Incorporation shall be the lawfully constituted authority for
the structure and existence of the Association as a legal entity. Custody
over this document is reserved by the Active membership to itself.
b. These Bylaws. The Bylaws shall be the blueprint for the representative
policymaking machinery and the related organizational structure of the
Association. Custody of the Bylaws is delegated to the Representative
Council except as may otherwise be directed by the Active membership.
c. The Standing Rules. The Standing Rules shall be a written means by which
the daily organizational business of the Association is accomplished. They
also may be used where appropriate to implement the Bylaws and those
policies of the Representative Council to which they can be applied.
Custody over the Standing Rules is delegated to the Executive Board,
except as may otherwise be directed by the Representative Council.
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a. RATIFICATION - At least two-thirds (2/3) vote of those voting in the
Referendum General Election shall be required for final ratification. The
effective date shall be the date of ratification, unless a later date is
specified at the time of such ratification.
4-7 Amendments to the Bylaws The Representative Council and/or the Active
membership shall have final ratification authority for amendments to these
Bylaws in accordance with the following procedure:
a. PROPOSAL - By majority vote, the Executive Board or the Representative
Council may propose an amendment to these Bylaws during any meeting.
b. NOTICE - At least thirty (30) days notice to the Active membership shall
be required prior to final consideration of the proposed amendment by the
Representative Council.
c. ADOPTION - The proposed amendment shall be debated, and by majority
vote be amended in any manner which does not increase its scope or
impact, prior to the final vote in the Representative Council. The Council
may, by majority vote, refer amendments to a Referendum General
Election for final decision by the Active membership whenever such
amendments are deemed to be substantial in nature. If acted upon directly
by the Council, at least two-thirds (2/3) of those voting at a valid
meeting shall be required for ratification of the amendment. The effective
date shall be the date of ratification, unless a later date is specified at the
time of such ratification.
d. RATIFICATION - At lease two-thirds (2/3) vote of those voting in a
Referendum General Election shall be required for final ratification.
4-8 Amendments to the Standing Rules The Executive Board shall have final
approval authority for amendments to the Standing Rules as follows:
a. PROPOSAL - By majority vote, the Executive Board may propose, or the
Representative Council may direct, amendment to the Standing Rules at
any meeting.
b. ADOPTION - The proposed or directed amendment shall be subject to
adoption by a two-thirds (2/3) vote of the Executive Board at any meeting
thereafter.
5-1 Classes of General Election There shall be four (4) classes of General Election:
Annual, Initiative, Referendum, and Recall.
5-2 Annual General Election The Annual General Election shall be the means by
which the Active membership shall elect the principal Officers and Directors
and the Representatives to the National Education Association.
a. Nominations for office shall be made as follows:
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(1) Any Active member, at his/her request, shall have his/her name
placed upon the ballot for an office in the Association.
(2) The name of any Active member may be placed in nomination by any
other member with the consent of the nominee.
(3) Where necessary, additional nominations may be made by the
Representative Council in the regular meeting held immediately prior
to the Annual General Election to insure that at least one person is
nominated for each office.
b. BALLOTS - The names of all qualified candidates nominated by any of the
foregoing procedures shall appear on the ballots.
5-3 Initiative General Election The Active members of the Association shall retain
for themselves the power of the initiative on any matter falling within the
authority delegated to the Representative Council as follows:
a. CALL OF ELECTION - The process for calling an Initiative General
Election shall begin when Initiative Petitions are received by the Elections
Committee. The Elections Committee shall be responsible for verifying the
validity of the signatures on the petition and delivering said petition to the
Executive Board for action. A petition qualifies for action if it contains the
valid signatures of at least fifteen percent (15%) of the current active
members. The committee shall complete the task of verification within
three (3) school days of receipt of the petition. The Executive Board shall
act within five (5) school days to call an Initiative General Election upon
receipt of a qualifying petition.
b. POSING OF QUESTION - The petition shall set forth the specific question
to be posed on the ballot.
c. PRO-CONTRA ARGUMENTS - Separate statements in support of, and in
opposition to, the proposal shall also appear on the ballot. They shall not
exceed two hundred (200) words in length apiece, and shall be written by
known proponents and opponents of the issue within three (3) school days
of the action of the Executive Board to call the election. Similar rebuttal
statements not to exceed fifty (50) words in length apiece shall be
prepared by the parties within two (2) school days of the completion of the
basic statement.
d. RECOMMENDATIONS OF COUNCIL - If, in its judgment, the issue
warrants it, the Executive Board may call the Representative Council into
session to consider the initiative proposal.
The Council shall have the right to insert a simple statement on the ballot
as to whether it recommends approval or disapproval of the measure
proposed but without editorial comment.
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5-5 Recall General Election Recall of any or all elected officials may be proposed
by either an Initiative Petition or Resolution of Referendum, as herein
described. A statement not to exceed two hundred (200) words in length of the
reasons for the proposed recall shall be part of the Initiative Petition or
Resolution of Referendum. Each official involved shall have the right to make a
rebuttal statement not to exceed two hundred (200) words in length, which shall
also appear on the ballot. The question of recall shall be posed separately on
the ballot for each person concerned.
5-6 Notice and Methods of Conducting General Elections All General Elections for
officers or their recall, for an initiative, or for a referendum, shall be conducted
by the Committee on Rules and Elections in any of the following manners, the
choice of method to be determined by the calling authority:
a. CAMPUS BALLOTING - The date for the election shall be set between ten
(10) and forty-five (45) school days after the action of the calling authority.
Ballots for all Active members physically stationed on each school campus
or assigned to a Special Faculty Unit shall be delivered to the Faculty
Representatives for each Faculty Unit not less than five (5) school days
before the date established for the election. The tally sheets and ballots
for each Faculty Unit must be received at the Association office within five
(5) school days after the official date of the election in order to be
considered in the total.
b. MAIL BALLOTING - Mail ballots for an election shall consist of mailing the
election materials, including a postage-free return postcard ballot, to the
last known address of the Active member. Such mailing shall take place
within ten (10) working days after the action calling the election and with
no more than an additional twenty (20) working days after the date of the
mailing for return delivery to the Association office in order to be
considered in the total.
c. IN CONJUNCTION WITH A GENERAL MEETING - The Representative
Council may, from time to time, delegate to the Executive Board the
authority to call an election in conjunction with a General Meeting of the
Active membership. The requirements for quorum and for notice and the
voting procedures shall be contained within the action authorizing the call
on the General Meeting.
5-7 Election Controls Adequate controls over the form, distribution, return
counting and disposition of ballots shall be provided for in policies adopted by
the Representative Council and implemented in the Standing Rules.
5-8 Requirements for Decision A majority vote shall be required to decide all
issues and elections unless a higher percentage is otherwise specifically
provided for in these Bylaws. Where necessary in elections for office, runoff
elections shall be held between the two candidates receiving the most votes on
the first ballot. Write-in votes are permitted on the first ballot, but not in the
runoff elections.
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ARTICLE 6 THE REPRESENTATIVE COUNCIL
6-2 Voting Members Each of the following persons shall be entitled to one vote in
the Representative Council except that no person shall be entitled to more than
one vote by virtue of holding more than one office of entitlement to vote:
a. Faculty Representatives or their alternates from Local Faculty Units;
b. At Large Representatives from racial and ethnic minorities as prescribed
elsewhere in the Section;
c. Representatives to the National Education Association, ex-officio;
d. Members of the Executive Board, ex-officio.
6-4 Meetings Regular meetings of the Council shall be scheduled at least monthly
during the school year by the adoption of a regular meeting schedule. Special
meetings shall be called upon five (5) school days notice either by an action of
the Executive Board on its own initiative or by the President upon receipt of a
petition signed by at least one-third (1/3) of the Faculty Representatives.
6-5 Quorum A quorum shall consist of the presence at a properly called meeting
of at least one Faculty Representative each from at least a majority of the Local
Faculty Units, provided that at least one-third (1/3) of the total authorized voting
members of the Council are present.
6-6 General Authority The Council shall have the authority to handle all business
properly placed before it in its capacity to act for the membership as the policy-
making body.
6-7 President The President shall be the presiding officer for the Council. If the
President is absent or unable to chair because of participation in debate on a
particular item of business, the Vice President shall be temporary chairperson.
In case both are absent and unable to chair, a caucus of the principal officers
present shall select a chairperson. If no principal officers are present, the
business shall be temporarily suspended pending the immediate election of a
chairperson pro-tem by the Faculty Representatives present.
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6-8 Agenda The Council shall have the authority to adopt and change its own
agenda. A preliminary agenda shall be prepared and submitted by the
President under the supervision of the Executive Board.
7-1 Powers, Duties and Functions The Executive Board shall exercise all of the
business and organizational powers and duties for the Association as
prescribed by law, the Articles of Incorporation and these Bylaws, subject to
any restrictions which may be imposed by the Active membership in a General
Election and/or by policies adopted by the Representative Council.
7-2 Emergency Powers In emergencies which occur during times in which the
Representative Council cannot be called into session to act, the Executive
Board shall have the power to act in place of the Representative Council by a
two-thirds (2/3) roll call vote. Such actions shall not violate any policies already
specifically adopted by the Representative Council and shall not extend to the
amendment of the governance documents.
7-3 Composition The Executive Board shall consist of the principal officers as
elsewhere defined in these Bylaws. All members of the Board may be referred
to herein simply as Directors.
For emergency meetings during crisis situations, the Executive Board shall
adopt procedures to notify the members of the Executive Board of meeting
dates, places, and times.
ARTICLE 8 OFFICERS
8-1 General The principal officers shall be President, Vice President, K-6
Representative-at-Large, 7-12 Representative-at-Large, Secretary, Treasurer,
CTA State Council Representative(s), and Contract Manager(s).
8-2 President The President shall be elected each even numbered year in the
Annual General Election and shall serve for a term of two years beginning on
August 1st. No person shall serve as President continuously in excess of three
(3) full terms, after which at least one full term must elapse before being again
eligible to serve. The President shall preside over meetings of the
Representative Council and the Executive Board wherever not otherwise
prescribed and shall function as the official spokesperson for all actions of the
governance bodies. He/she shall familiarize him/herself with the Bylaws of the
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Association, the CTA, and the NEA. He/she shall, with the approval of the
Representative Council or Board of Directors, appoint all standing and special
committees. He/she shall sign all checks drawn upon the treasury. He/she
shall call meetings of the Board of Directors, suggest policies and plan for all
standing and special committees and shall be held responsible for the progress
and work of the Association. The President shall assign to the Vice President
and to the Representatives-at-Large tasks in the following areas: politics and
legislation; public relations; communications; crisis coordination; membership;
liaison with the School Board, Orange Service Center Council, and community
organizations.
8-3 Vice President The Vice President shall be elected each even numbered year
in the Annual General Election for a term of two years beginning on August 1st.
The Vice President shall function as President in the absence or incapacity of
the President.
8-6 Secretary The Secretary shall be elected in the Annual General Election for a
two year term and shall take office on August 1st of odd numbered years. The
Secretary shall have custody over the official minutes of all business meetings
of the governance bodies where otherwise prescribed, and shall carry on the
necessary and appropriate correspondence of the organization under the
supervision of the President.
8-7 Treasurer The Treasurer shall be elected in the Annual General Election for a
two year term taking office on August 1st of even numbered years. The
Treasurer shall have custody over all funds and books of account of the
Association under the supervision of the Executive Board. The Treasurer shall
prepare the preliminary budget for consideration by the Executive Board by the
last week in April. The Treasurer shall submit the budget to the Representative
Council at the May meeting of the Council. The Treasurer shall have the
responsibility for maintenance of the membership rolls of the Association. The
Treasurer shall co-sign all checks drawn on the Association treasury.
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8-8 State Council Representative(s) Representative(s) to the State Council of
Education of the California Teachers Association shall be elected by the Active
membership in the Annual General Election. State Council Representative(s)
shall perform analogous duties to and from the state organization similar to
those duties assigned to Faculty Representatives to be performed to and from
the Association.
8-9 Contract Manager The Contract Manager shall be appointed by the President
with the advice and consent of the Executive Board. In the event that this
position is held jointly by two individuals, each shall be entitled to membership
on the Executive Board.
8-10 Qualifications All principal officers and Representatives must have been Active
members for at least one year prior to their term of service. They must remain
Active members of the Association throughout their term of service.
8-11 Interim Appointments to Fill Vacancies Vacancies which occur during the
term of office of any principal officer other than that of President shall be filled
by Interim Elections conducted by and within the Representative Council,
choosing from among the entire Active membership in a process using open
nominations and secret ballot. Vacancies in the office of President shall be filled
by the Vice-President.
ARTICLE 9 COMMITTEES
9-1 Standing Committees All standing committees shall report and act within their
assigned field of research in accordance with the Representative Council. At
the Annual Meeting the incoming President shall submit a list of nominees to fill
vacancies of Chairpersons of Standing Committees with the advice and
consent of the Executive Board, subject to final ratification by majority vote of
the Representative Council. The following shall be the Standing Committees:
a. Negotiations
b. Rules and Elections
c. Professional Growth
b. Insurance
c. Bargaining Support
d. Political Action
e. Jim Wehan Service/SVEA Award
f. Scholarships
9-2 Special Committees Special Committees and Task Forces shall be appointed
from time to time by the Executive Board in accordance with policies of the
Representative Council. Such committees shall study and report in the area of
research established for them each year and then shall automatically be
dissolved. Examples of such areas shall include, but not be limited to,
Retirement, Ethics, Communications and Public Relations, Curriculum and
Instruction, Economic Services, Political Action and Legislation and Grievance.
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9-3 Negotiating Committee The members of the Association bargaining team shall
comprise the Negotiating Committee. The members of the Committee shall be
appointed by the President with the advice and consent of the Executive Board.
Replacements to fill vacancies for any reason, including the consequent
withdrawal of one or more members of the Committee by the replacement
thereof, shall be made by the same process as for the initial appointment. The
Negotiating Committee shall be responsible to the Executive Board for
conducting negotiations, including the preparation of membership surveys,
negotiating packages and proposals.
9-4 Elections The Election Committee shall consist of three persons appointed by
the President with the advice and consent of the Representative Council. The
Elections Committee shall conduct all General Elections.
10-1 General Policies The Representative Council shall have the authority to adopt
general policies for staff employment and to make general allocations in the
Annual Budget for the expenses in connection therewith.
10-2 Employment Authority Within the established policies and budget limitations,
the Executive Board shall be the employment authority for all paid staff, and for
setting forth in contract and/or job description form the terms and conditions of
employment.
10-3 Non-Discrimination Clause Paid staff shall be entitled to the same general
rights of due process as the Association seeks to ensure for its own
membership. The same non-discrimination policy shall apply to paid staff as is
contained elsewhere within the Bylaws for membership rights.
ARTICLE 11 FINANCE
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h. Contributions may be accepted for the general budget by action of the
Executive Board. Donations of materials or property may also be accepted
by similar action. Where conditions as to use are attached to a
contribution or donation, the Representative Council shall set policies
within which such contributions or donations may be accepted.
11-2 Fiscal Year The Fiscal Year shall be defined as the period of time between
September 1st and the following August 31st, inclusive.
11-3 Adoption and Annual Budget The preliminary Annual Budget shall be
submitted to the Representative Council by action of the Executive Board at a
regular meeting in May, and shall include the recommended dues level needed
to fund the budget. A copy of the proposed budget shall be made available in
each Local Faculty Unit at that time and remain available until the final
refinement and adoption of the budget by the Representative Council in June.
Changes in and among categories not to exceed five percent (5%) of the total
for the given category may thereafter be made during the fiscal year by action
of the Executive Board; changes in excess of this percentage shall be made
only with the approval of the Council.
11-4 Expenditure of and Accounting for Funds The Executive Board shall be
responsible to the Representative Council for setting up adequate procedures
for control of the expenditure of funds. The Board shall arrange for an annual
audit of expenditures and the budget by an independent agency with a written
report by such agency also furnished to the Council and made available at each
Local Faculty Unit.
11-5 Restriction Upon Indebtedness The Executive Board shall not incur
indebtedness where the payments for same exceed the amount provided in the
budget for that purpose without prior approval of the Representative Council.
12-1 Availability of Records The Executive Board shall ensure that the membership
has adequate access to the non-privileged business records of the Association.
There shall be available the updated copies of the Governance Documents and
minutes of recent meetings of the governance bodies, as well as other pertinent
records and financial reports. Facsimile copies of the documents contained in
the record book shall be available to any member at the cost of reproduction.
12-2 Notice to the Membership The giving of Notice to the membership as used or
required in these Bylaws, shall be defined as making available to such
membership information to which they are entitled concerning the conduct of
Association affairs in such manner as to permit participation of the membership
in the organizational decision-making process. The minimum requirements for
the giving of Notice, wherever such is required by the governance documents,
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shall be the posting in a conspicuous place in each of the following locations of
the item or document necessary for such notice:
a. The organizational headquarters;
b. A bulletin board maintained within each Local Faculty Unit.
13-2 A General Meeting may be called by the Representative Council. The motion to
hold a General Meeting must be approved by a 2/3 majority of the Council.
13-3 A General Meeting may be called by the general membership if 15% of the
current membership signs a petition that states the specific need for a General
Meeting.
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