Education Association of Passaic - Constitution and By-Laws Information

The Constitution and By-Laws are the governing documents of the Education Association of Passaic. Click on any of the titles listed in the table of contents below to go directly to that Article.

Constitution of the Education Association of Passaic

NAME AND INCORPORATION

AFFILIATION

PURPOSES

MEMBERSHIP

OFFICERS

EXECUTIVE COMMITTEE

REPRESENTATIVE COUNCIL

AMENDMENTS

ADOPTION

By-Laws of the Education Association of Passaic

MEETINGS

QUORUM

DUES

POWERS AND DUTIES OF THE OFFICERS

THE EXECUTIVE COMMITTEE

REPRESENTATIVE COUNCIL

ASSOCIATION REPRESENTATIVES

COMMITTEES

ELECTIONS

RETIREMENT HONORS AND/OR AWARDS

FISCAL YEAR

AUTHORITY

AMENDMENTS

ADOPTION

Constitution of the Education Association of Passaic

Adopted May 12, 2003

By the General Membership

ARTICLE 1

NAME AND INCORPORATION

Section 1.

The name of this organization shall be the EDUCATION ASSOCIATION OF PASSAIC (EAP), hereafter referred to as the Association.

Section 2.

It is incorporated as a non-profit corporation under Title 15, Sections 1-12 of Revised Statutes of the State of New Jersey.

ARTICLE II

AFFILIATION

The Association shall be an affiliate of the Passaic County Education Associations, the New Jersey Education Association, and the National Education Association.

ARTICLE III

PURPOSES

Section 1.

To work for the welfare of students, the advancement of public education and the improvement of instructional opportunities for all.

Section 2.

To develop and promote the adoption of such personnel policies and standards of preparation and participation that mark a profession.

Section 3.

To advance professional rights and status and responsibilities of its members as educators.

Section 4.

To represent its members and other employees in negotiations and grievances with the school board on all matters of compensation and all other terms and conditions of employment.

Section 5.

To form a representative body to speak with authority for the members

Section 6.

To establish cooperation between the educator and the community.

Section 7.

To hold property and funds, engage services and employ personnel for the attainment of these purposes.

ARTICLE IV

MEMBERSHIP

Section 1. Active Members

a. Active membership in the Association shall be open to all employees of the Passaic Public School District except Administrators, and to members of all other groups for which this Association is the sole negotiating agent.

Active professional members are those whose qualifications for their position are such as to require them to hold an appropriate certificate issued by the New Jersey State Board of Examiners and who hold such a certificate.

Active supportive members are those staff members whose position does not require them to hold a certificate issued by the New Jersey State Board of Examiners. They may include attendance officers, paraprofessionals (aides), parent liaisons, secretaries, custodians, maintenance personnel, cafeteria workers, bus drivers, and others similarly situated.

b. Any other group seeking affiliation with the Association must obtain a majority vote of the total membership of the Association.

c. Active members of the Association shall be expected by abide by the Code of Ethics of the Education Profession as published by the National Education Association.

d. Active members, where eligible, of the Association shall also be members of the Passaic County Education Associations, the New Jersey Education Association, and the National Education Association.

e. Active membership shall be continuous until the member leaves the school system, resigns from the Association, fails to pay membership dues, or if membership is revoked.

f. Membership in this Association does not preclude membership in other organizations.

Section 2. Life Membership

Life membership shall be automatically conferred on all presidents of the Association upon completion of their term of office. This membership shall include all rights and privileges of the Association so long as the individual remains eligible for membership in the Association.

Section 3. Revocation of Membership

According to policy and procedures adopted by the Representative Council, the Executive Committee may:

Ø Censure, suspend or expel any member who violates the Code of Ethics of the Education Profession:

Ø Cancel the membership of any member convicted in a court of law for a crime involving moral turpitude.

Section 4. Reinstatement of Membership

According to policy and procedures adopted by the Representative Council, the Executive Committee may reinstate a member who has been previously suspended or expelled from the Association.

Section 5. Rights of Membership

Every active member shall have the equal rights and privileges within the organization to nominate candidates for office; to vote in elections or on referenda of the Association; to attend membership meetings; to participate in the deliberations and voting upon the business of such meetings except that in voting on contract ratification only member in the appropriate unit of representation shall have the right to vote.
Every member shall have the right to meet and assemble fully with other members; to express any views, arguments, or opinions; to express views at meetings upon candidates in an election of the Association or upon any business properly brought before the meeting.
No member shall be fined, suspended, expelled or otherwise disciplined, except for non-payment of dues, without being served with specific written charges and given a reasonable time in which to prepare a defense which may be asserted at a full and fair hearing.

ARTICLE V

OFFICERS

Section 1.

The officers of the Association shall consist of a president, a first vice-president, a second vice-president a secretary and a treasurer.

Section 2.

The officers shall be elected by the second school Monday in May and be installed at the May Representative Council meeting for a term of 2 years.

The outgoing officer, at the request of the President and the Executive Committee, maybe asked to remain as a transitional officer for as long as the Executive Committee deems necessary, not to exceed June 30.

Section 3.

Officers of the Association shall serve their terms so long s they satisfactorily perform the duties of their office. Where an officer is guilty of misconduct, such officer may be removed for cause (shown after notice and a hearing) and by a majority vote of the members of the Association through the following procedure:

a. Recommendation for recall can be made by the submission of a petition containing the signatures of a majority of the membership of the Executive Committee.

b. The Executive Committee shall notify in writing any officer who has been recommended for recall.

c. Any officer may appeal in writing to the Representative Council.

d. The Representative Council shall schedule hearings, wherever necessary, to review the recommendation of recall of an officer and if in agreement with these recommendations submit them to the general membership for further action.

e. The transcript of those hearings shall be made available to the membership.

f. A general membership meeting shall be called two weeks after the issuance of the transcript.

g. Such recall shall be determined by a majority vote of the membership in attendance at said meeting.

Section 4

Nothing in this Article shall be construed as precluding officers from succeeding themselves in office, if duly elected.

Section 5.

In the event of vacancy in the office of the President, the First Vice-President shall become President and serve until the next annual election of officers.

ARTICLE VI

EXECUTIVE COMMITTEE

Section 1.

The Executive Committee shall consist of:

a. the officers of the Association

b. seven members elected “at large”

Section 2.

Executive Committee members of the Association shall be elected by the second school Monday in May and be installed at the May Representative Council meeting for a term of 2 years.

Section 3.

Whenever a member of the Executive Committee does one of the following:

1. resigns

2. is no longer employed in the Passaic School System

3. is incapacitated

4. has been negligent of the duties defined in the By-Laws

5. Upon election to a second position on the Executive Committee

B. The Representative Council shall declare the position vacant by a majority vote. The Council shall immediately elect a replacement to fill the unexpired term until the next annual election of officers. This procedure shall be followed except as provided in the By-laws in Article IV, Section 2 and Section 3.

Section 4.

A member of the Executive Committee may be removed from office by the general membership through the following procedure:

Recommendation for recall can be made by the submission of a petition containing the signatures of 1/3 of the membership to the Executive Committee.
The Executive Committee shall notify in writing any officer who has been recommended for recall.
Any officer may appeal in writing to the Representative Council.
The Representative Council shall schedule open hearings, whenever necessary, to review the recommendations of recall of an officer.
The report of those hearing shall be made available to the membership.
A general membership meeting shall be called two weeks after the issuance of the report.
Such recall shall be determined by a two-thirds majority vote of the total membership as determined by the rules governing elections of officers.

ARTICLE VII

REPRESENTATIVE COUNCIL

Section 1.

The policy-forming body of the Association shall be the Representative Council

Section 2.

The Representative Council shall consist of the Executive Committee, the Association Representatives, and the Chairpersons of the Standing Committees.

Section 3.

In each building in the Passaic School System, those persons who are members of this Association shall elect for a term of two years one representative to the Representative Council for every 12 members or major fraction thereof assigned to the building on Monday morning.

There shall be at least two Representatives for each building with the exception of the Administration Building.
Members of the Association who work out of the Administration on Monday morning shall constitute a school building and shall be entitled to one representative.

Elections shall be held by May 15 and the results reported at the May Representative Council meeting. The term of the Association Representative shall begin as of September 1.

Section 4.

Association Representatives in each building shall annually elect one of the representatives to serve as Senior Association Representative.

Section 5.

Any member of the Association who is not a member of the Representative Council, may attend its meetings and shall speak when recognized but has not vote.

Section 6.

The Representative Council by a two-thirds vote may remove any one of its own members for negligence or for improper conduct of Council or of Executive Committee business.

ARTICLE VIII

AMENDMENTS

This Constitution may be amended by a majority of the active general membership:

Ø voting in a special/regular election or

Ø present and voting at a regular/special meeting called for this purpose provided that:

a. The proposed amendments have been submitted in writing to the Secretary of the Association or previously introduced at a regular meeting of the Representative Council;

b. The Secretary or any other Executive Committee member of the Association has distributed copies of the proposed amendments to the members of the Representative Council;

c. The proposed amendments shall either be recommended to the general membership by a two-thirds majority vote of the Representative Council or shall bear the signatures of a majority of the active membership.

d. The Secretary of the Association has distributed copies of the proposed amendments to each active member of the Association at least ten school days prior to the vote by the general membership.

e. A quorum must be present at the said membership meeting.

ARTICLE IX

ADOPTION

This Constitution shall replace previous Constitutions of the Education Association of Passaic. This Constitution shall take effect immediately upon its adoption. It shall be the final authority of the Education Association of Passaic.

By-Laws of the Education Association of Passaic

Adopted May 30, 1990

By the Representative Council

ARTICLE 1

MEETINGS

Section 1. Executive Committee

The Executive Committee shall meet at least once a month during the school year, at the call of the President, or within 10 school days at the request of any three members of the committee. Meetings called during summer vacation shall be held within 14 calendar days of the request.

Section 2. Representative Council

The Representative Council shall meet at least five times during the school year. Prior to September 15, the Executive Committee shall distribute to all members of the EAP the meeting dates of the Representative Council. The meetings will be held on alternate months beginning in September.
The agenda for each meeting shall be circulated to all members of the Council so that the Representative have time to discuss it with their faculty members in advance of the council meetings.
Special meetings of the Representative Council ay be held at the call of the President or within 10 school days upon written request to the Executive Committee by five Association Representatives. Business to come before special meetings shall be limited to items stated in the call, which shall be sent in writing to each Representative if time permits.

Section 3. General Membership

The Executive Committee shall arrange meetings of the general membership to deal with Association business.
Special meetings of the membership may be called by the President.
As soon as possible, prior to each general membership meeting, the Secretary shall notify all members of the time and place of said meeting.

ARTICLE II

QUORUM

Section 1.

A majority of their members shall constitute a quorum for the Representative Council, for the Executive Committee, and for all Committees.

Section 2.

Twenty percent of the membership of the Association shall be considered a quorum for general membership meetings.

ARTICLE III

DUES

Dues for each year shall be determined by that year’s salary guides according to the following formula:

Averaging the top step on the highest MA guide with the first step on the BA guide, multiplying this figure by .003 and rounding off to the nearest dollar.

This figure will be the dues rate per active professional member. The dues rate per active supportive member will be half the active professional rate. This formula may be changed by means of a secret ballot majority vote of the total membership.

ARTICLE IV

POWERS AND DUTIES OF THE OFFICERS

Section 1. President

The President shall:

a. be the Executive Officer of the Association

b. preside over all meetings of the Executive Committee, Representative Council and General Membership

c. appoint the chairperson and members of all standing committees with the approval of the Executive Committee not otherwise provided for in the Constitution and By-Laws

d. be an ex-officio member of all committees

e. with the Treasurer, sign all orders drawn upon the treasury for which a voucher has been submitted.

f. Represent the Association before the public either personally or through a designated representative

g. Appoint a representative to the Passaic County Education Associations

h. Perform all other functions usually attributed to the office including the duties defined in the job description adopted by the Representative Council

Section 2. First Vice-President

The First Vice-President shall:

a. assume all duties of the President in his or her absence

b. work closely with one or more standing committees as the President assigns

c. become President whenever the presidency becomes vacant as provided for in Article V, Section 5 of the Constitution

d. perform all other functions usually attributed to the office including the duties defined in the job description adopted by the Representative Council

Section 3. Second Vice-President

The Second Vice-President shall:

a. assume the duties of the First Vice-President in his or her absence

b. work closely with one or more standing committees as the President assigns

c. become First Vice-President whenever the first vice-presidency becomes vacant

d. perform all other functions usually attributed to the office including the duties defined in the job description adopted by the Representative Council

Section 4. Secretary

The Recording Secretary shall:

a. keep accurate minutes of all meeting of the Executive Committee, Representative Council and General Membership

b. maintain the official files

c. distribute minutes to all members within 15 school days following the Representative Council and General Membership meetings

d. distributed copies of all proposed amendments to the Constitution as prescribed in Article VIII of the Constitution.

e. Report action taken by the Executive Committee to the Representative Council

f. Perform all other functions usually attributed to the office including the duties defined in the job description adopted by the Representative Council.

Section 5. Treasurer

The Treasurer shall:

a. be responsible for the collection of all dues through the Membership Chairperson

b. deposit all monies in a bank, in the name of the Association

c. notify NJEA of the name of the bank in which Association dues are deposited

d. hold the funds of the Association, disburse them accordingly upon submission of vouchers approved by the President, and keep accurate accounts of receipts and disbursements

e. sign all checks along with the President

f. report at each meeting of the Executive Committee and Representative Council

g. prepare an annual financial statement which shall be distributed to all members as directed by the Executive Committee

h. file the appropriate federal and state forms

i. transmit appropriate NEA-NJEA-PCEA dues money to the membership chairperson for disbursement to NJEA

j. serve on the Budget Committee

k. be bonded for such amount as may be determined by the Executive Committee from time to time

l. perform all other functions usually attributed to the office including the duties defined in the job description and the financial policy adopted by the Representative Council

m. obtain copies of the annual audit report, one of which shall become a part of the Association’s permanent records, and one which shall be forwarded to NJEA.

ARTICLE V

POWERS AND DUTIES OF

THE EXECUTIVE COMMITTEE

Section 1.

The Executive Committee shall:

a. be responsible for management of the Association

b. execute policies established by the Representative Council

c. authorize all expenditures within the limits of the budget

d. propose policies for consideration by the Representative Council

e. report the findings of its sessions to each meeting of the Representative Council

f. cause to be reported to the members of the Association its transactions and those of the Council

g. establish such special committees as may be necessary

h. select a professional auditor to audit the financial records at the conclusion of the Treasurer’s two year term or in the event of an earlier resignation

Section 2.

Whenever the offices of the President and both Vice-Presidents shall become vacant at the same time between elections, the remaining members of the Executive Committee shall choose one of their members to serve as President pro tempore until the Representative Council can fill the vacancies.

Section 3.

The Executive Committee shall represent the Association in negotiating any policies of mutual concern with the governing and appropriate bodies of the school system. Within policies established by this Constitution and By-Laws and the Representative Council, the Executive Committee may make decisions binding the Association in these matters. By official action, the Committee may delegate its power to negotiate specific issues to other appropriate committees or representatives.

ARTICLE VI

POWERS AND DUTIES OF THE

REPRESENTATIVE COUNCIL

Section 1

The Representative Council shall:

a. approve the budget

b. act on reports of committees

c. establish the policies of the Association

d. adopt rules governing the conduct of the Association

e. adopt rules for governing the conduct of meetings as are consistent with this Constitution and By-Laws

f. adopt procedures for implementing the Code of Ethics of the Education Profession and for censuring, suspending, and expelling members for cause and for reinstating members.

Section 2.

Powers not delegated to the Executive Committee, the officers, or other groups in the Association shall be vested in the Representative Council.

ARTICLE VII

POWERS AND DUTIES OF THE

ASSOCIATION REPRESENTATIVES

Section 1.

Association Representatives shall attend all regular and special meetings of the Representative Council. After two unexcused absences of an Association Rep, the President may declare the seat vacant and, subject to approval by the Representative Council, appoint a member in good standing to complete the term.

Section 2.

The Senior Association Representative or designee shall:

a. assume all duties of an Association Representative

b. call meetings of the Association Representatives

c. call meetings of the Association members within their building to discuss Association business

d. organize and oversee the elections of Association Representatives

e. supervise Association elections

f. appoint such building committees as the Association may require

g. organize and oversee the enrollment of new members

h. promote two-way Association communication with the building

Section 3.

The Association Representatives shall:

a. assist, upon the request of a member, in the processing of a grievance according to procedures stipulated in the contract

b. enroll new members

c. call meetings of the members they represent to discuss Association business

d. maintain communication with those members the represent

e. assist with Association elections

f. serve on at least one Association committee annually at the request of the President.

ARTICLE VIII

COMMITTEES

Section 1. Structure

There shall be standing committees carrying the specific functions outlined below and any other functions designated by the Representative Council. They shall have at least three members, selected to be broadly representative of all members, and appointed for overlapping terms of two years. Each committee may, with the approval of the Executive Committee, organize special sub-committees and task forces for specific activities.

Section 2. Appointment

The President, with the advice of the Executive Committee, shall appoint the chairperson and members of the standing committees and fill all unexpired terms as vacancies occur.

Section 3. Meetings

Each standing committee shall meet according to a calendar developed by the Committee and may hold special meetings at the call of the chairperson.

Section 4. Reports

Each committee shall select a secretary who shall keep a continuing record of activities. Chairpersons shall report as necessary to the Executive Committee, Representative Council and the General Membership and shall prepare an annual written report which shall become a part of the continuing committee record in the Association files.

Section 5. Expenditures

The committee chairperson shall submit an estimate, in advance of any monetary expenditures, to the Executive Committee for their approval.

Section 6. Relation to Executive Committee

The Executive Committee, through the Vice-Presidents, shall require and provide assistance to all committees to define their immediate and long-range objectives and programs of action. It shall review committee plans as necessary, and shall decide any jurisdictional questions between committees.

Section 7. Standing Committee Titles and Duties

The Negotiations Committee shall survey the members and make recommendations for a proposed package to be negotiated with the Board of Education by the Association’s negotiating team in all areas of members’ welfare and general working conditions. Subcommittees may be formed to explore special problems. The committee shall assist the negotiating team.
The Professional Rights and Responsibilities Committee shall explore and prepare programs for securing satisfactory policies and procedures for the redress of grievances. It shall process all grievances filed in accordance with the Agreement and policies adopted by the Association. It shall advise the Executive Committee in situations involving the defense of individual rights. It shall advise the Representative Council in situations of censure, suspension, or expulsion of members, and on procedures for implementation of the Code of Ethics.
The Instructional Committee shall serve the Association as monitor and initiator of the classroom teachers’ input to positive programs of instruction for the schools. It shall serve as a representative of the teachers to the school district’s instructional council. The Instruction Committee shall investigate recommended changes in instructional programs for effects such programs may have on the professional educator. It should report its findings or curriculum developments directly to the Executive Committee.
The Membership Committee shall organize and conduct membership enrollment. Its members shall attempt to enroll cash members, new members, and former non-members enrolled for the current school year. It shall communicate with members on Automatic Payroll Deduction to return by direct mail any corrections in their status or address after receiving their annual membership cards in the mail.
The Public Relations Committee shall seek to develop public understanding of the purposes and programs of the Association. It shall develop procedures by which the Association can present material through newspapers, radio, television, and other mass media and work cooperatively with the public in civic, fraternal and social organizations.
The Communications Committee shall be responsible to keep the general membership informed by Association action through fliers and newsletters. It shall develop a telephone call system for the membership in case of a crisis situation. At least one of its members shall be at the disposal of the Negotiating team. All communications shall be reviewed and approved by the Association President.
The Social Committee shall organize such social activities as may serve the needs of members and promote rapport within the Association.
The Legislative Committee shall have broad concern for state and national legislation affecting the interest of the Association. It shall inform members about newly proposed and enacted legislation related to their interest, promote activities leading to the passage of desirable legislation, encourage members to exercise their responsibility to vote and their right to participate in political activity.
The Budget Committee shall propose to the representative Council for action a budget for the Association each year. Members of the Budget Committee shall have full and complete access to all financial and other records of the Association pertinent to the preparation of the annual budget.

The Budget Committee shall present copies of the proposed budget to the Representative Council 10 days prior to the March meeting. At this meeting, the Representative Council shall review the Budget Committee’s recommendations and accept the first reading of the budget. The Budget Committee shall then distribute copies of these budget recommendations to the membership at least 10 days prior to a final vote on the budget by the Representative Council at the May meeting.

The Teacher Education and Professional Standards Committee shall explore and develop action programs to raise and maintain standards for certification, employment, and assignment. Their work shall include but not be limited to, American Education Week, Educational Support Staff Day, National Teacher Day, National School Nurses Day, School Counselors Week and the Governor’s Recognition Program.
The Programs Committee shall explore and develop programs and workshops to provide and promote organizational, professional, personal, and social growth of its members and the Association.
The Elections Committee shall organize and complete any and all aspects of conducting a fair and accurate election of all positions related to the Association. No member of the Executive Committee shall be a member of the Elections Committee.

Section 8. Special Committees

Each year the President shall appoint, with the advise of the Executive Committee, such special committees as may be necessary (i.e., audit, constitution revision, etc.), and shall disband them upon completion of their duties. These committees shall operate according to rules approved by the Representative Council. No officer of the Association may serve on the Elections or Audit Committee.

ARTICLE IX

ELECTIONS

Section 1. Nominations

Members of the Association shall be nominated for elected Association positions through either of the following procedures:

By the first school Monday of January, each member of the Association shall receive a packet including a nomination form and biographical data form. The nomination form shall include the positions open for election that year. All interested members shall complete the nomination packet and submit it to the Elections Committee no later than 10 days following the January Representative Council meeting, or
Members of the Representative Council may nominate candidates from the floor during the January Representative Council meeting. These candidates will be required to complete and submit the same nomination packet and submit it to the Elections Committee no later than 10 days following the January Representative Council meeting.

Section 2. Qualifications

Acceptance of nominations are subject to the following requirements:

a. nominees must be active members in good standing

b. nominees for President must have successfully completed a term on the Executive Committee within the previous five years.

The Elections Committee shall distribute to the general membership, at least five days prior to the election, brief candidates’ biographies based on the information in the completed nomination packet.

Section 3. Positions

During the years ending with odd numbers, the positions open for election shall include:

Ø President

Ø First Vice-President

Ø Secretary

Ø 3 Delegates at Large

Ø Delegates to the NEA Representative Assembly

During the years ending with even numbers, the positions open for election shall include:

Ø Second Vice-President

Ø Treasurer

Ø 4 Delegates at Large

Ø Delegates to the NEA Representative Assembly

Section 4. Voting

By the second school Monday in May, the membership shall vote for the Executive Committee by ballot in accordance with procedures developed by the Election Committee and approved by the Representative Council.
The Election Committee shall report the results to the President who shall publish them. New officers shall be installed at the May meeting of the Representative Council.
Results of the election of officers shall be reported immediately to the NJEA, NEA, and the PCEA by a member of the Elections Committee.

ARTICLE X

RETIREMENT HONORS AND/OR AWARDS

Retirement honors and/or awards shall be presented to those employees who have been members of the Association for five years immediately preceding their retirement.

ARTICLE XI

FISCAL YEAR

The fiscal year of the Association shall begin September 1 and end August 31.

ARTICLE XII

AUTHORITY

The most recent edition of Robert Rules of Order 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 Executive Committee may adopt.

ARTICLE XIII

AMENDMENTS

These By-Laws may be amended by a two-thirds majority of the entire Representative Council voting at any regular or special meeting, provided that:

each amendment has been introduced at the preceding meeting of the Representative Council and
copies have been distributed to Association Representative for discussion ten school days in advance of the meeting.

ARTICLE XIV

ADOPTION

These By-Laws shall replace previous By-Laws of the Education Association of Passaic. These By-Laws shall take effect immediately upon their adoption. They shall be the final authority of the Education Association of Passaic.