CARMEL TEACHERS’ ASSOCIATION CONSTITUTION AND BY-LAWS
Article I.
Name of Association
Section I.1
Article II.
The name of the Association shall be the Carmel Teachers’ Association.
Objectives
Section II.1
The objectives of the Association are:
(a)
To promote the interests of the teachers of Carmel Clay Schools
(b)
To act as a representative body empowered to speak with authority for its members,
(c)
To maintain a positive working relationship with the administration of Carmel Clay
Schools,
(d)
To provide transparency and communication to all teachers of CCS Schools,
(e)
To negotiate a collective bargaining agreement within the rules outlined in the Indiana
Code for all CCS certificated employees.
(f)
To hold property and funds and to employ a staff for the attainment of these purposes.
Article III.
Affiliation
Section III.1
The Carmel Teachers’ Association will be a local-only association with no formal
affiliation to ISTA or NEA.
Section III.2
Association members will have the choice of independently joining and
supporting ISTA and NEA, but will not be obligated to do so as a condition of
Association membership.
Article IV.
Membership
Section IV.1
Active membership in the Association shall be open to all certificated employees,
as defined in Indiana Code 20-29-2-4, of Carmel Clay Schools who are included
within the bargaining unit as determined and approved by IEERB, are eligible for
membership in the Association.
Section IV.2
Non-Discrimination: Membership shall be open to all eligible persons regardless
of race, creed, color, sex, age or marital status.
Section IV.3
Active membership in the Association is obtained by the payment of the
Association’s annual membership dues and shall be continuous until the member
resigns or otherwise leaves the employment of Carmel Clay Schools, fails to pay
their annual membership dues, and provides a written request to withdrawal their
membership in the Association to the President and Membership Chair.
Section IV.4
The Membership Chair will send out an email the first week of school each year
to all certificated employees who may be eligible for membership in the
Association. The following will be included in this email:
(a)
How to sign up to become a new member of the Carmel Teachers’ Association.
(b)
The dates of automatic payroll deduction of annual Association dues and/or other options
available to make payment of dues.
(c)
A reminder to current members of the Association that their membership automatically
renews each year unless a request to withdraw is received by the Association by a certain
deadline.
(d)
Notice of the deadline to withdraw from the Association should they choose to terminate
their membership in the Association.
(e)
(i)
Withdrawal from the Association requires an email or other written
documentation to both the Membership Chair and the President of the Association
stating your request to withdraw your membership in the Association. This notice
must be received by the Membership Chair and the President of the Association
on or before the withdraw deadline.
(ii)
Withdrawal of membership in the Association after the withdraw deadline may be
permitted in extenuating circumstances on a case by case basis and only by
approval of a majority vote of the Executive Board.
Any other information deemed pertinent by the Executive Board.
Section IV.5
The membership year shall be from August 1 to July 31.
Section IV.6
Only active members as defined in Section IV.2 of this Article shall have the
privileges of voting and holding office in the Association.
Article V.
Executive Board
Section V.1
The officers of the Association shall consist of: the President & Negotiations
Chair, Vice President, Finance Chair, Membership Chair, Communications Chair,
and at least 3 leadership team members at large: one from elementary, middle,
and high school.
Section V.2
No one may hold more than one office at any one time.
Section V.3
The officers of the Association shall assume office on June 1 st.
(a)
The outgoing Finance Chair will work alongside the incoming Finance Chair for filing
end of year financial reports by required deadlines.
Section V.4
Powers and Duties of the Executive Board
(a)
The Executive Board shall be responsible for the management of the Association and
shall carry out the policies of the Association.
(b)
The Executive Board shall approve Presidential appointments of committee chairpersons
and committee members.
(c)
The Executive Board shall suggest policies and make recommendations to be acted upon
by the general membership.
(d)
The Executive Board shall adopt an annual budget for the operation of the Association.
Section V.5
Terms and Succession
(a)
The terms of all officers on the Executive Board shall be two (2) years.
(b)
Any Executive Board member may be recalled/terminated in his/her office by a 2/3 vote
of the entire membership.
(i)
The recall process may be initiated by a petition signed by 30% of the active
membership. A statement of the reasons for the proposed recall shall be part of
the recall petition.
(ii)
A majority of the members of the Executive Board may also initiate the recall
process and shall also provide a statement of the reasons for the proposed recall.
(iii)
Each person named in the recall petition shall have the right to make a rebuttal
statement that shall be distributed to the active membership at least seven (7) days
before the recall election.
(iv)
A recall election shall be by secret ballot and the date and procedures for the
recall election shall be as established by the Executive Board.
(v)
Any member of the Executive Board may be removed from office in a recall
election by a two-thirds 2/3 vote of those members voting.
Section V.6
(a)
(b)
Powers and Duties of the Executive Board Officers
President
(i)
The President shall serve as the official spokesperson of the Association, presides
over all meetings of the Executive Board and the general membership, and guides
the planning of goals and activities of the Association.
(ii)
The President shall appoint members of committees and the chairpersons of
committees with the approval of to the Executive Board.
(iii)
The President shall have the power to call special meetings he/she deems
necessary.
(iv)
The President shall have the power to expend reasonable sums for the execution
of his/her duties.
(v)
The President shall enforce the observance of these By-Laws.
(vi)
The President and/or his/her designee shall attend the new staff orientation.
(vii)
The President and/or his/her designee shall attend the Board of School Trustees of
the Carmel Clay Schools (hereinafter “CCS School Board”) meetings.
(viii)
The President shall perform all other functions usually attributed to this office.
(ix)
The President is an ex-officio member of all committees, but without the right to
vote on determinations being made by committees other than the Negotiating
Committee.
(x)
The President shall preside as the Chairman of the Negotiating Committee and
shall appoint and/or remove members of the Negotiating Committee with the
approval of the Executive Board.
Vice President
(i)
The Vice President shall preside over meetings of the Executive Board and the
general membership in the absence of the President.
(ii)
The Vice President shall handle all other duties assigned by the President.
(iii)
The Vice President shall communicate regularly with Building Contact Team
Members to discuss local building issues.
(iv)
The Vice President will assist with reviewing compliance with proper procedures
that are to be followed when Association members and administration engage in
investigative meetings that could result in termination or discipline of a member
of the Association.
(c)
(d)
(v)
The Vice President will have a committee of Building Contact Team Members to
assist in providing support to Association members.
(vi)
The Vice President will understand pertinent aspects of Indiana Code to ensure
that the rights of the bargaining unit and Association members are maintained.
Finance Chair
(i)
The Finance Chair shall preside over meetings of the Executive Board and the
general membership in the absence of the President and Vice President.
(ii)
The Finance Chair shall handle all other duties assigned by the President.
(iii)
The Finance Chair shall hold the funds of the Association and disperse them in
accordance with budgeted authorization and as otherwise authorized by the
Executive Board.
(iv)
The Finance Chair shall collect dues with the assistance of the Membership Chair
and shall deposit dues into the Association’s bank account.
(v)
The Finance Chair shall pay bills all authorized bills and make all authorized
reimbursements after they have been approved by the President and/or the
Executive Board.
(vi)
The Finance Chair shall keep accurate account of receipts and disbursements, and
shall report updates at Executive Board meetings.
(vii)
The Finance Chair shall prepare and provide financial reports and an annual
financial statement to the Executive Board.
(viii)
The Finance Chair shall keep the Executive Board informed of the financial
condition of the Association at each Executive Board meeting.
(ix)
The Finance Chair shall file all necessary financial reports required by federal and
state agencies.
(x)
Provide orientation and transition procedures for the successor to this office.
Membership Chair
(i)
The Membership Chair shall keep a list of officers, Building Contact Team
Members, members of committees, members of the Association with their present
addresses and email addresses.
(ii)
The Membership Chair shall create and maintain the membership form.
(iii)
The Membership Chair shall bill the membership for annual dues and collect
dues.
(e)
(iv)
The Membership Chair shall assist the Finance Chair with the collection of dues
and may be authorized, as necessary, deposit dues into the Association’s bank
account.
(v)
The Membership Chair shall maintain a list of all active members.
(vi)
The Membership Chair will work with the Communications Chair to
communicate all membership drives held annually.
(vii)
The Membership Chair will work with CCS Human Resources to ensure we have
an accurate database of all members.
Communications Chair
(i)
The Communications Chair will maintain an updated email distribution list of all
members.
(ii)
The Communications Chair shall distribute all notices of regular and special
meetings of the Association and shall assist in the distribution of election notices
and materials with the Election Committee.
(iii)
The Communications Chair shall keep accurate minutes of all meetings of the
Executive Board and of the General Membership meetings. In the event of the
Communications Chair’s absence, he/she will arrange in advance for another
Executive Board member or other designee approved by the Executive Board to
take the minutes. In the event of an unanticipated absence, the President will
designate someone to take the minutes.
(iv)
The Communications Chair will oversee the Association’s correspondence with
all members and non-members.
(v)
The Communications Chair will maintain the Association’s email address
(carmelteachersassociation@gmail.com), the Association’s website, the
Association’s Facebook page, and any other media and communications accounts
to ensure they stay updated and functioning properly.
(vi)
The Communications Chair will obtain prior approval from the Executive Board
for any marketing and communications related expenses.
(vii)
The Communications Chair will assist the Membership Chair with membership
drives held annually.
(viii)
The Communications Chair will send a monthly newsletter to all CCS employees
in bargaining unit.
(f)
Article VI.
Leadership Team
(i)
The Leadership Team will contain at least one representative from elementary,
middle, and high school.
(ii)
The Leadership Team members will attend all Executive Board and General
Membership meetings unless they have been excused by the President.
(iii)
The Leadership Team shall communicate regularly with Building Contact Team
Members to discuss local building issues
(iv)
The Leadership Team will assist the Vice President and Building Contact Team
Members in providing support to Association members.
(v)
The Leadership Team will act as the voice to the Executive Board focusing on the
needs that are specific to their respective schools (elementary, middle, or high
school.)
(vi)
Each Leadership Team representative shall be responsible for reaching out to the
schools they represent, to the Building Contact Team Members for those schools,
and may even reach out to CCS bargaining unit employees in the schools they
represent to obtain input, feedback, and knowledge of the concerns and issues in
those schools.
(vii)
One member of the Leadership Team shall be assigned by the President to also
represent the interests of individuals who are part of the CCS bargaining unit, but
who are not located at an individual school building. The assigned Leadership
Team member shall be responsible for reaching out to those bargaining unit
members to obtain information, input, feedback, and knowledge of the concerns
and issues in their respective roles and positions.
Building Contact Team Members
Section VI.1
Active Members who are in good standing with the Association may serve as
Building Contact Team Members.
Section VI.2
The term of Building Contact Team Members shall be one (1) year, and a person
may serve for as many years as he/she is willing.
(a)
Building Contact Team Members shall be appointed by the President with the approval of
the Executive Board. Every effort will be made to have at least one Association building
contact team member in each of the CCS school buildings.
(b)
Building Contact Team Members shall attend the Executive Board meetings and the
General Membership meetings unless their attendance has been previously excused by
the President.
(i)
If the Building Contact Team Members is unable to attend the meeting, he/she
will need to find a replacement from their building to attend in their absence.
(ii)
In the event that a Building Contact Team Member has two unexcused absences,
the President may declare the seat vacant and call for a new person to fill the
remainder of the term.
(iii)
The President shall ask for volunteers from within that building.
(iv)
If more than one person is interested, the Executive Board will interview all
interested volunteers, and select the most viable candidate.
(c)
Building Contact Team Members shall work with the Communications Chair to keep
their members informed.
(d)
Building Contact Team Members shall further act as liaisons from the members to the
Executive Board.
(e)
Building Contact Team Members will communicate any building issues to the Vice
President and Leadership Team.
(f)
Building Contact Team Members shall work with the Membership Chair and shall reach
out and invite new certificated employees in their building to join the Association.
(g)
Building Contact Team Members will work with the Membership Chair to share
membership information with all certificated employees in the building and to actively
recruit certificated employees in their building to become active members in the
Association.
Article VII.
Committees
Section VII.01
All Committees shall have representation from each level of school (elementary,
middle, and high).
Section VII.02
Committees with specific purposes may be formed by the Executive Board and/or
President. Examples include but are not limited to: Professional Development,
Negotiations, Elections, Retirement, Insurance, etc.
Section VII.03
The President shall appoint the chairperson of each committee with the approval
of the Executive Board.
Section VII.04
Each committee shall meet as needed. These meetings will be set by the
committee chairperson.
Section VII.05
The committee chairperson shall report any actions or progress to the Executive
Board and, as appropriate, to the general membership.
Section VII.06
Negotiating Committee
(a)
The Negotiating Committee shall negotiate with the appropriate representatives of
Carmel Clay Schools on all issues outlined in the Indiana Code as permissible items for
Collective Bargaining.
(b)
The Negotiating Committee will formulate proposals for items to discuss with the
appropriate representatives of Carmel Clay Schools with the assistance of Association
committees and recommendations received from the general membership, Executive
Board, Leadership Team, and Building Contact Team Members.
(c)
Upon reaching a Tentative Agreement on all matters under negotiation, the negotiating
team shall prepare and submit its report and recommendations to the members of the
Association.
(i)
Contract ratification will take place after at least one open forum meeting for all
certificated staff of CCS that is included in the bargaining unit.
(ii)
Meeting(s) will take place within the week after a public posting of the tentative
agreement is done.
(iii)
Online voting can be conducted and will be the preferred method of voting.
(iv)
Section VII.07
1)
If the vote is not conducted online, the Executive Board must advise its
members why this was not done.
2)
Online voting will open once the open forum meeting(s) conclude and will
be open for a period not to exceed 24 hours.
3)
Only active Association members may vote on ratification of a Tentative
Agreement
Exception for 2016-2017 collective bargaining and any ratification vote on a
2016-2017 Tentative Agreement. For the 2016-2017 collective bargaining
session and 2016-2017 Tentative Agreement, all certificated employees in the
bargaining unit will be provided an opportunity to vote on ratification of the
2016-2017 Tentative Agreement. The Executive Board and negotiating team will
provide opportunities for all certificated employees in the bargaining unit to
obtain information about the Tentative Agreement being voted on with as much
advance notice as reasonably practical prior to conducting a ratification vote.
Election Committee
(a)
The election committee shall consist of at least three representatives: one from
elementary, middle, and high schools.
(b)
No person running for office may serve on the Elections Committee for that election.
(c)
Members of the committee shall be appointed by the President with the advice and
consent of the Executive Board.
(d)
The names of the candidates for elective office shall be published at least three days in
advance of the date of the election.
(e)
The election committee shall be responsible for conducting elections and for the meeting
the requirements of the special elections.
(f)
All elections must be conducted by secret ballot preferably online.
(g)
Elections shall be conducted during the month of May.
(h)
Elections for Executive Board Members shall take place every two (2) years, unless the
Executive Board determines that a special election should be held to fill a vacant position
for the remainder of the regular term of the vacant position.
(i)
All active Association members will have the opportunity to nominate in open
nominations and to vote during the elections.
(j)
(i)
Open nominations shall be available to Association members in each building at
least three (3) weeks prior to an election.
(ii)
The election committee shall be responsible for securing candidates for each of
the elective offices.
(iii)
A nomination ballot shall be distributed to all Association members announcing
the upcoming elections, providing a deadline for nominations to be submitted, and
providing the schedule for the upcoming election.
Elections for a single position will be decided by the candidate who receives the highest
number of votes.
(i)
In the event there is a tie in the election vote, then a runoff election will be held
between the two candidates who received the same number of votes. Runoff
elections will be run in the same manner as the original election.
Article VIII. Meetings
Section VIII.01
Executive Board Meetings
(a)
Executive Board members shall meet at least monthly, in so far as possible, during the
school year, on a schedule to be determined by the Executive Board.
(b)
Special meetings of the Executive Board may be called by the President, or may be called
upon the request of a majority of the Executive Board members. Except in cases of
emergency, at least two (2) days notice must be given to all Executive Board members
and business must be limited to that contained in the notice of the special meeting.
(c)
Quorum. A majority of the members of the Executive Board must be present to conduct
business, and a majority of those present will rule.
Section VIII.02
General Membership Meetings
(a)
Every effort will be made to announce the location and time of all general membership
meetings at least two (2) working days before the meeting takes place.
(b)
To the extent practical, reasonably affordable, and adequately secure, the Association’s
goal is to provide means for active Association members to participate in general
membership meetings remotely if they are unable to attend the meeting in person.
(c)
In the event that voting must take place during a meeting, absentee ballot voting will be
made available and the deadline for the return of absentee ballots will be announced prior
to the meeting. Proxy voting is not permitted. The Association’s goal is to provide online
voting as the preferred method of voting to the extent practical, reasonably affordable,
and adequately secure.
(d)
Special meetings of the membership may be called by the President, a majority of the
Executive Board, or a petition by thirty (30) percent of the active membership. Except in
case of emergency, at least two (2) working days notice shall be given.
(e)
A quorum for general membership meetings shall be twenty-five (25) percent of the
members eligible to vote.
Article IX.
Dues
Section IX.01
The annual dues of the Association shall be $99 dollars.
Section IX.02
Annual dues may be adjusted annually by a 2/3 vote of the Executive Board. The
Executive Board may decrease annual dues, but is not permitted to increase
annual dues by more than 20% without first obtaining approval for such an
increase by a majority vote of the members present at a general membership
meeting of the Association.
Section IX.03
The dues will cover:
(a)
Business associated costs of running a non-profit organization, including the employment
of staff and support services.
(b)
Attorney’s fees for assistance related to contract negotiations, bargaining, and other legal
issues of the Association.
(c)
Accountant’s fees for consultations related to contract negotiations, bargaining,
compliance, tax returns, and other accounting needs of the Association.
(d)
Legal Defense Fund
(i)
The Legal Defense fund may be utilized by the Association, with the approval of
the Executive Board, to cover legal and other expenses deemed reasonable and
necessary to pursue and protect the interests of the Association and the
furtherance of its purposes.
(ii)
Any funds remaining at the end of each fiscal year that are not necessary to build
and maintain the Association’s operating cash reserves will be deposited into the
separately maintained Legal Defense Fund.
(iii)
Annual surplus dues revenue will continue to be deposited into the Legal Defense
Fund until such time as that the Executive Board determines that the fund has
reached a balance determined to be sufficient to protect the interests of the
Association and the furtherance of its purposes. . The Executive Board has the
authority to adjust its assessment of the reasonable balance to maintain in the
Legal Defense Fund and direct that annual surplus dues revenue into the Legal
Defense Fund as needed to maintain its balance.
(e)
The Association may keep a cash reserve not to exceed 75% of its operating costs (in
addition to the funds maintained in the Legal Defense Fund.)
(f)
The Association Membership can vote to allow stipends for the Executive Board
members, Building Contact Team Members, and other types of stipends as reasonable
under the circumstances. Stipends may be approved with a majority vote of the total
Association membership, provided that:
Article X.
(i)
The stipend proposal was approved by the Executive Board; and
(ii)
The general membership was notified of the details of the proposal at least two (2)
weeks prior to the general membership meeting at which the vote will be taken.
(iii)
Any stipends approved by a majority vote of the active members of the
Association will be automatically added to these Bylaws as Section IX.03(g).
Amendments
Section X.01
These Bylaws shall be reviewed annually by the Executive Board, and, except as
otherwise provided herein, these Bylaws may be amended by a majority vote of
the Executive Board at a special meeting of the Executive Board called
specifically to discuss and vote on amendments to these Bylaws. No other
business of the Executive Board shall be conducted as such a special meeting.
Special meetings of the Executive Board to discuss and vote on amendments to
these Bylaws shall be open to all active members of the Association. In order for
a proposed amendment to these Bylaws to be heard and voted on at a special
meeting of the Executive Board, the proposed amendment must:
(a)
Have been proposed and discussed at the previous regular Executive Board meeting. At
that meeting, a date will be established for a special meeting of the Executive Board at
which the proposed amendment will be discussed and the Executive Board will vote upon
the proposed amendment; and
(b)
The general membership must have been notified of the proposed amendment and the
date, time, and location of the special meeting of the Executive Board at which the vote
will be taken. Notice of the special meeting of the Executive Board and the contents of
the proposed Bylaws amendments shall be provided to the active members of the
Association at least fourteen (14) days prior to the meeting.