Education West Virginia Mercer County Local Governance
Constitution & Bylaws
Part I – Constitution
PREAMBLE
We, the educators of Mercer County Education Association (MCEA), in order to advance and defend public education, protect and improve the rights and working conditions of our members, and promote democratic participation in our schools and communities, do hereby establish this Constitution for Education West Virginia Mercer County.
ARTICLE I – NAME AND AFFILIATION
SECTION 1: Name
The name of this organization shall be Education West Virginia Mercer County, Local ______ (Number).
SECTION 2: Affiliation
Education West Virginia Mercer County shall be affiliated with Education West Virginia (EWV), the National Education Association (NEA), the American Federation of Teachers (AFT), and the American Federation of Labor (AFL) and the Congress of Industrial Organizations (CIO) commonly known as AFL-CIO.
Education West Virginia Mercer County shall enter into reciprocal contractual agreements with the National Education Association and AFT as required by those organizations.
Education West Virginia Mercer County shall affiliate with Education West Virginia as required in the EWV Constitution and Bylaws.
ARTICLE II – PURPOSE
The purpose of this local shall be to:
Promote public education in West Virginia by elevating the teaching and support professions.
Advocate for the professional and economic well-being of members through collective action.
Strive for increased access and equity for all students.
Carry out the programs and policies of Education West Virginia, AFT, and NEA.
Education West Virginia Mercer County shall have all power necessary and proper to take action for the attainment of these purposes. Nothing in the Constitution or Bylaws shall be construed to prevent Education West Virginia Mercer County from pursuing objectives that are consistent with this purpose.
ARTICLE III – MEMBERSHIP
SECTION 1: Unified Membership
Membership requires the payment of unified dues to include local, state, and national amounts. Membership categories for Education West Virginia Mercer County shall be: Active Professional, Active ESP, Substitute Professional and Substitute ESP.
SECTION 2: Eligibility
Members must meet eligibility requirements set forth in the Education West Virginia Constitution.
SECTION 3: Membership and Fiscal Year
The membership year and fiscal year shall be from September 1 through August 31.
SECTION 4: Rights
Members in good standing may vote, hold office, and receive services.
A member shall be considered in arrears and not in good standing if he/she has not met the past year’s dues obligation and/or does not remain current in meeting monthly dues obligations. If delinquencies in payments are not satisfied by payment in full or by adherence to an agreed repayment plan with EWV within 30 days beyond the due date of a missed payment, the member will be notified by EWV that his or her membership has been cancelled.
SECTION 5: Property Interest of Members
All rights, title and interest, both legal and equitable, of a member in and to the property of Education West Virginia Mercer County shall end upon the termination of membership.
SECTION 6: Discipline of Members
A member may be disciplined by the organization for actions contrary to this Constitution or to the interests of the union or its membership. Such action may only be initiated by the bringing of written and signed charges to the Executive Board by two or more members of the local; these charges must include a specific and detailed accounting, including any documentation, of the allegations against the member. Prior to disciplining a member, the Executive Board shall investigate the charges and provide the accused member with an opportunity to respond. A disciplined member may appeal the decision of the Executive Board to the membership of the EWV Review Board as set forth in the EWV Constitution.
SECTION 7: Non-Discrimination
Membership shall not be denied, nor shall this organization ever discriminate against individual members based on race, creed, gender, gender identity, political or economic status, sexual orientation, national origin, or religion.
ARTICLE IV – OFFICERS AND EXECUTIVE BOARD
SECTION 1: Officers and Duties
The officers shall consist of a President, Vice President, Secretary, and Treasurer.
The President shall preside over all meetings; appoint committees and chairs when necessary; be the principal executive officer of the organization; receive, report and respond to correspondence of the organization; be one of the responsible financial officers of the organization who shall be authorized to co-sign financial instruments and make regular and usual disbursements of funds; and make an annual report to the organization's membership.
The Vice President shall assume the duties of President in the absence of the President and shall perform other duties as delegated by the President or assigned by the
Executive Board.
The Secretary shall keep accurate minutes of all meetings and perform other duties as delegated by the President or assigned by the Executive Board.
The Treasurer shall hold the funds of Education West Virginia Mercer County and pay bills authorized by the Association; be one of the responsible financial officers of the organization and be authorized to co-sign financial instruments and make regular and usual disbursements of funds; arrange for an independent audit of the finances of the organization annually and make the same available to the Executive Board and
membership; and perform other duties as delegated by the President or assigned by the
Executive Board
There also shall be an Executive Board consisting of all Officers and nine at-large members. The Executive Board shall perform duties set forth in this Constitution and Bylaws and governance duties as necessary.
SECTION 2: Qualifications and Terms of Office
Only active members in good standing for a period of six months prior to the date of the election may hold office. The right to hold office shall be limited to members who are current on their dues and who maintain their membership for the duration of the office held. Officers shall serve for a term of two years and until their successors are elected. At-large members shall serve for a term of two years and until their successors are elected. No officer or at-large member shall be elected for a term of more than 4 years. There are no term limits for officers or at-large members.
For the first election held after the establishment of Education West Virginia Mercer County, the President and Vice-President, Secretary and Treasurer shall be elected for two year terms. Five at-Large members will be elected for one year terms and four at-large members shall be elected to two year terms in order that staggered terms may be accomplished. Thereafter, all at-large members will be elected to serve two year terms.
ARTICLE V – ELECTIONS
SECTION 1: Local Officers and At-Large Executive Board Members
Officers and at-large executive board members shall be elected at a meeting to be held in February of the year in which the term of office expires.
SECTION 2: Nominations and Voting
Education West Virginia Mercer County shall conduct all elections with open nominations and through secret ballot according to the standards set out by the Labor-Management Reporting and Disclosure Act (LMRDA).
Thirty days prior to the date of an election, members shall be notified of the opening of nominations, the offices to be filled, and the date of the election. Notification shall be made by electronic mail.
Nominations of candidates for office must be submitted to the current secretary no later than thirty days prior to the election. Nominations may also be made from the floor at the January membership meeting prior to the election. Members nominated to run for office must affirmatively accept their nomination.
When the number of candidates declared equals the number of positions to be filled, the Election committee chair shall declare such candidates elected.
All elections shall be in accordance with the one-person, one-vote principle. Contested elections must be by secret ballot. The majority of the ballots cast shall determine the outcome of the election. In the absence of a majority, the Elections Committee shall conduct a run-off election between the two candidates who have received the most votes for the office in question.
Ballots and election records must be kept for one year after the election.
Vacancies in an office are to be filled by Executive Board appointment or special election.
SECTION 3: Proportional Representation
Education West Virginia Mercer County shall take such steps as are legally permissible to achieve ethnic-minority representation at least proportionate to its ethnic minority membership on elected and appointed bodies.
SECTION 4: Recall
Elected officials of the Association shall be subject to a recall election.
The recall election shall be held upon a petition of twenty-five (25) percent of the membership alleging constitutional violations, fiduciary breaches or acts clearly detrimental to Education West Virginia Mercer County or EWV.
The election shall be held at a meeting scheduled not less than thirty (30) nor more than sixty (60) days after receipt of the petition.
SECTION 5: National Conventions
Delegates to the NEA Representative Assembly shall be elected in compliance with the NEA Constitution and Bylaws. Delegates to the AFT National Convention shall be elected in compliance with the AFT Constitution and Bylaws. Delegates to the Education West Virginia Representative Convention shall be elected in compliance with the EWV Constitution and Bylaws.
ARTICLE VI – COMMITTEES
Standing committees include:
▪ Membership & Organizing
▪ Budget & Audit
▪ Election
▪ Political Action / Legislative
ARTICLE VII – MEETINGS
Membership meetings shall be held monthly during the regular school year.
Executive Board meetings shall be held at least monthly during the regular school year..
The annual meetings at which elections are held shall be in February of each year.
Special meetings may be called by the president, board, or at the request of ten (10) % of members in good standing.
Quorum for the membership meetings shall consist of those members in attendance. Action items and elections shall require a simple majority of votes cast in the membership meetings.
Notice of meetings, changes, or cancellations shall be circulated upon need to all members.
ARTICLE VIII – FINANCES
The fiscal year shall run from September 1 to August 31. Local dues for the following fiscal year shall be set by the membership at the last meeting of the membership year.
Treasurer reports and PAC treasurer reports shall be given at each meeting of the membership and Executive Board.
Financial records shall be audited at least once a year. Audits shall be conducted by an internal audit committee as set forth in national guidelines or be conducted by an independent auditor or CPA.
ARTICLE IX – AMENDMENTS
Amendments to this Constitution may be proposed by vote of the Executive Board or by petition of ten (10) % of the membership. A copy of the proposed amendment, along with an explanation of said amendment, shall be distributed to all members a reasonable time prior to the membership meeting at which the amendment will be introduced and discussed. Amendments must not conflict with the EWV constitution or bylaws.
A quorum for any meeting at which constitutional amendments are to be considered and adopted shall consist of five (5) percent of the membership of the organization. Two-thirds (2/3) of the membership present at the meeting shall be required for passage of the amendment.
Amendments must be filed with EWV within 30 days of passage.
ARTICLE X - ORDER
Meetings follow Roberts Rules of Order, Newly Revised. Unless indicated otherwise in the constitution and bylaws, all communications, including meeting notices, may be sent electronically. The membership, Officers, Committees and other ad hoc groups are authorized to meet by electronic means so long as all members may simultaneously hear each other and participate during the meeting.
Part II – Bylaws
Article I – Purpose
These bylaws provide detailed rules for implementing the Constitution of Education West Virginia Mercer County Local ______ (Number).
Article II – Membership
Unified Membership: Required at all levels. Local dues for the following year will be set by the membership at the last meeting of the membership year.
Categories for membership shall be the same as set forth in the Constitution of Education West Virginia and shall have the same requirements.
Eligibility for office: Only active members in good standing may hold office. The right to hold office shall be limited to members who are current on their dues and who maintain their membership for the duration of the office held.
The legislative authority of Education West Virginia Mercer County shall be vested in the membership. Powers not delegated by the bylaws shall be vested in the membership.
Article III – Rights and Limitations
a. Education West Virginia Mercer County shall not deny membership to individuals on the basis of race, color, national origin, creed, gender, sexual orientation, age, handicap, marital status, or economic status.
b. Membership in Education West Virginia Mercer County may be denied by virtue of educational position. Membership criteria is set forth in the EWV Constitution.
c. The right to vote and to hold elected or appointed positions shall be limited to Active membership.
d. All members shall be eligible to receive special services, to obtain assistance in the protection of professional and civil rights, and to receive reports and publications of Education West Virginia Mercer County.
e. Membership shall be continuous unless terminated for cause or failure to meet dues obligations.
f. Any member who changes professional or occupational position shall be transferred to the class of membership applicable to the new position.
g. No member may be censured by, suspended, or expelled from Education West Virginia Mercer County without a due process hearing that shall include an appropriate right of appeal to Education West Virginia.
Article IV– Officers and Duties
President: Presides, spokesperson, signs contracts.
Vice President(s): Assist president, act in absence of President.
Secretary: Keeps records, issues notices.
Treasurer: Manages funds, provides reports, oversees audit.
Article V – Executive Board
Composition: Officers and Nine (9) at-large members.
Meetings: at least Ten (10) per year.
Duties: Administer affairs, recommend policy, ensure compliance with EWV constitution.
Article VI – Committees
Standing Committees shall be:
Membership & Organizing
Budget & Audit
Political Action
Article VII – Elections
The conduct of elections for officers and at-large members shall be consistent with the standards developed under Title IV of the Labor-Management Reporting and Disclosure Act. Notice of Elections must be given at least thirty (30) days in advance.
Eligibility: Only members in good standing may vote/run.
Vacancies: Filled by Executive Board until next election.
Article VIII – Meetings
Membership meetings shall be held at least nine (9) times per year. Special meetings may be called by the president, board, or at the request of ten (10)% of members in good standing.
Quorum for the membership meetings shall consist of those members in attendance. Action items and elections shall require a simple majority of votes cast in the membership meetings.
Notice of meetings, changes, or cancellations shall be circulated upon need to all members.
Article IX – Finances
Unified dues: Required.
Local dues shall be $24.00 per year.
Dues transmitted through member agreement with EWV.
Budget: Annual, approved by membership.
Audit: Annual, conducted as set forth in the Constitution.
Expenditures: Approved by membership or board.
Article X – Amendments
Amendments: Amendments to these bylaws shall be made by majority vote, with Thirty (30) days notice.
Amendments must not conflict with EWV constitution/bylaws.