HCEA Bylaws

BYLAWS OF THE HENRY COUNTY EDUCATION ASSOCIATION INCORPORATED
Article I. Name
1.1 The name of this organization shall be the Henry County Education Association, Incorporated, hereinafter called the “Association.” It will be an affiliate of the Virginia Education Association (VEA) and the National Education Association (NEA).
Article II. Purposes and Authorities for Governance
2.1 The purposes for which the Association is organized are to speak for education; advance the cause of education for all individuals; promote the health and welfare of children and/or students; promote professional excellence among educators; gain recognition of the basic importance of the teacher in the learning process and other employees in the educational effort; protect the rights of educational employees and advance their interests and welfare; secure professional autonomy; unite educational employees for effective citizenship; promote and protect human and civil rights; and obtain for its members the benefits of an independent, united education profession.
2.2 The Association shall have all power necessary and proper to take action for the attainment of these goals. Nothing in the Articles of Incorporation or Bylaws shall be construed to prevent the Association from pursuing other purposes which are consistent with the stated goals of the Association.
2.3 The Association shall be governed by its Articles of Incorporation and Bylaws and other such actions, consistent therewith, as may be taken by the Annual Meeting, the Board of Directors, and the Executive Committee.
Article III. Membership
3.1 There shall be four (4) classes of membership in the Association: Active, Substitute, Reserve, and Unified Retired.
a. Active membership shall be open to any person (i) who is engaged in or who is on a limited leave of absence from professional education employment, or (ii) who is employed in or who is on a limited leave of absence from an educational support position. An Active member who is engaged in or on a limited leave of absence from professional education employment shall hold a baccalaureate or higher degree, or hold or be eligible to hold the regular teaching, vocational or technical license required by their employment. Active membership is limited to persons who support the goals and objectives of the Association, who are employed in the public school system located in Henry County, regardless of the specific nature of the functions that the person performs at the work site and regardless of who actually employs the person, and who maintains membership in the Virginia Education Association and the National Education Association.
b. Substitute membership shall be open to an educational employee employed on a day-to-day basis who is eligible for membership in the Active category, unless said employee is drawing educational retirement benefits and is eligible for NEA/VEA Retired membership. Substitute members shall receive benefits and services authorized by the Board of Directors, and shall maintain membership in the VEA and NEA.
c. Reserve membership shall be open to any person (i) who is on a leave of absence of at least six (6) months from the employment that qualifies him or her for Active membership or (ii) who has held Active membership in the Association but whose employment status no longer qualifies that individual for such membership.
d. Unified Retired membership shall be open to any retired member who wishes to pay Unified Retired membership dues as established by the Board of Directors. The rights and privileges other than those set forth in the Bylaws shall be established by the Board of Directors.
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3.2 Rights and Limitations
a. Eligibility for membership in the Association shall be determined by the Association. Educational positions eligible for membership in the Association shall be determined through secret ballot of the membership of the Association.
b. The applicant shall be placed in the classification that best describes his or her current employment or leave status.
c. A member may appeal his or her assigned class of membership to the Board of Directors.
d. The right to vote and hold office shall be limited to Active members, except as otherwise provided.
e. All Active 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 the Association.
f. Members engaged in teaching or in other educational work shall adhere to the Code of Ethics of the Education Profession.
g. The Association shall not deny membership to individuals on the basis of race, creed, national origin, religion, or sex, nor shall any organization which so denies membership be affiliated with the Association.
h. Classes of membership other than Active members shall receive those rights and privileges designated by the Board or as elsewhere specified in the Articles of Incorporation and Bylaws.
i. An individual who is a member of a negotiating team representing the School Board shall be denied membership.
j. Any member who changes his or her professional or occupational position shall be transferred to the class of membership applicable to his or her new position; he or she shall not remain in a class of membership for which he or she is no longer eligible.
k. Membership shall be continuous until the member leaves the school system, resigns from the Association, or fails to pay membership dues. To resign from the Association, the member must notify the Association office in writing by September 1 of any school year.
l. Members who fail to adhere to any of the conditions of membership as stated in the Articles of Incorporation and Bylaws shall be subject to censure, suspension, or expulsion.
m. There shall be no proxy voting on any Association matter.
3.3 The membership year shall be from September 1 through August 31.
3.4 Membership Dues
a. Dues of Active members who are employed full time in professional education employment shall be determined by the Board of Directors.
b. Dues of Active members who are employed in an Educational Support position shall be one-half (1/2) of the dues of a member in professional educational employment.
c. Dues of persons eligible for Active membership who are regularly employed in a professional education position for fifty (50) percent or less of the normal schedule for full-time members (as verified by the Association) shall be one-half (1/2) of the membership dues regularly required for that membership classification.
d. Any person joining as an Active member during the first year of eligibility shall be enrolled in full standing for the remainder of the membership year by paying the amount of annual dues which is commensurate with the remaining portion of the membership year.
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e. Dues of Substitute, Reserve, and Unified Retired members shall be as established by the Board of Directors and shall parallel the dues calculation structure adopted by the Virginia Education Association.
Article IV. Officers
4.1 The officers of this Association shall be:
a. President
b. Executive Vice President
c. Vice President for Government Relations
d. Vice President for Membership Development and Communications
e. Immediate Past President
f. Secretary
g. Treasurer
h. Assistant Secretary/Treasurer (non-voting)
i. Directors (Association Representatives)
4.2 The President shall be the chief executive officer of the Association and its policy leader. The President shall:
a. represent the Association on matters of policy or assign responsibility for such representation;
b. prepare the agenda for Association meetings;
c. appoint all chairpersons and members of commissions and teams and special committees with the approval of the Board of Directors;
d. serve as a member, ex officio, of all teams authorized by the governing documents;
e. make recommendations to the Board of Directors and other bodies of the Association;
f. if eligible, serve as a delegate to the VEA Delegate Assembly and to the NEA Representative Assembly; and
g. perform such other duties as may be directed by the Board of Directors.
4.3 The Executive Vice President shall:
a. oversee the development of the program and policy proposals for the Association;
b. coordinate the work of the Association in the areas of economic benefits, personnel policies, and instruction and professional development;
c. act for the President when he/she is unable to perform the duties of his/her office;
d. serve as a member, ex officio, of teams appropriate to the area of his/her responsibility;
e. if eligible, serve as a delegate to the VEA Delegate Assembly;
f. if eligible, serve as a successor delegate to the NEA Representative Assembly; and
g. perform such other duties as may be appropriate to the position.
4.4 The Vice President for Government Relations shall:
a. oversee the work of the Association in the area of government relations;
b. coordinate the lobbying activities of the Association;
c. oversee the program in the area of fund raising and candidate recommendation;
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d. serve as a member, ex officio, of teams appropriate to the area of his/her responsibility;
e. coordinate the Association’s participation in the regional PAC; and
f. perform such other duties as may be appropriate to the position.
4.5 The Vice President for Membership Development and Communications shall:
a. oversee the membership recruitment and maintenance activities of the association;
b. coordinate the activities of the association which are designed to inform members and the community of appropriate positions and activities of the association;
c. serve as a member, ex officio, of teams appropriate to the area of his/her responsibility; and
d. perform such other duties as may be appropriate to the position.
4.6 The Immediate Past President shall:
a. serve as a member, ex officio, of the Board of Directors and
b. perform all duties designated by the President.
4.7 The Secretary shall:
a. keep accurate minutes of all meetings of the Association and the Board of Directors;
b. maintain official files; and
c. perform such other duties as may be appropriate to the position.
4.8 The Treasurer shall:
a. coordinate the Association’s participation in the UniServ Unit’s Local Association Bookkeeping Procedures;
b. have official custody of all Association funds;
c. maintain a checking account in the name of the Association in an institution insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation;
d. pay all bills as authorized in the Association budget or at the direction of the Board of Directors;
e. collect all dues;
f. transmit dues to the UniServ Unit, the VEA, and the NEA in accordance with appropriate contracts or policies;
g. make financial reports to meetings of the Board of Directors;
h. develop the Association budget to be considered by the Budget Committee and the Board of Directors; and
i. perform such other duties as may be appropriate to the position.
4.9 The Assistant Secretary/Treasurer shall be elected as stated in the Articles of Incorporation. This officer shall be the registered agent of the Association but will not have the right to vote.
4.10 Directors, who shall be hereinafter referred to as association representatives, shall:
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a. serve as members of the Board of Directors;
b. participate fully in governance of the Association; and
c. perform such other duties as may be appropriate to the position.
4.11 In addition there shall be a President-Elect who shall:
a. serve as a member, ex officio, of all teams and the Board of Directors;
b. perform all duties designated by the President;
c. make appropriate preparations for an effective transition at the beginning of his/her term of office; and
d. serve a term commencing with the certification of his or her election by the Board until July 15 when he or she assumes the office of President.
4.12 Terms of Office
a. Officers, except directors, shall serve a term of two (2) years and shall be eligible to succeed themselves in office. They shall serve no more than two (2) consecutive terms.
b. The President, Executive Vice President, and Treasurer shall be elected in odd years.
c. The Vice President for Government Relations, Vice President for Membership Development and Communications, and Secretary shall be elected in even years.
d. Directors shall serve a term of one (1) year and shall be eligible to succeed themselves in office. There shall be no limit to the number of terms.
e. Terms of officers and directors shall commence on July 15 in the year of their election.
f. The Immediate Past President shall serve a term which coincides with the term of the person elected to succeed him/her.
4.13 Filling vacancies:
a. In the event of the inability of the President to complete his/her term of office, the Executive Vice President shall take office automatically and serve out the President’s unexpired term as President and if elected shall then be entitled to serve his/her term as President of the Association.
b. In the event of simultaneous vacancies in the offices of President and Executive Vice President, a special election will be held to fill the vacancies.
c. In the event a vacancy occurs in the office of Executive Vice President, Vice President for Government Relations, Vice President for Membership Development and Communications, Secretary, or Treasurer, the Executive Committee will nominate an Active member to fill the vacancy upon the approval of the Board of Directors. This appointment shall be for the remainder of the unexpired term.
Article V. Board of Directors
5.1 The Board of Directors shall consist of the elected officers, the Immediate Past President, and Directors (Association Representatives) representing the schools; other work sites; and those various membership categories guaranteed proportional representation within the school division. Representation on the Board of Directors shall reflect the proportional membership of the Association of ethnic minorities, classroom teachers/administrators, educational support personnel, and retirees.
5.2 The Board of Directors shall:
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a. enact Resolutions and establish other Association policies and objectives;
b. adopt the annual budget;
c. set the dues of Active, Substitute, Reserve, and Unified Retired members of the Association;
d. amend the Articles of Incorporation and these Bylaws;
e. participate in the amending of the Articles of Incorporation as stated therein;
f. adopt the rules and agenda governing its meetings;
g. establish or discontinue such commissions or teams not established elsewhere in this document;
h. have jurisdiction over the final approval of credentials and seating of its members;
i. enact other such measures as necessary to achieve the goals and objectives of the Association, which are not in conflict with the Articles of Incorporation or these Bylaws;
j. determine the time and place of the Annual Meeting of the Association and, in the event of an emergency, shall have the power to postpone the Annual Meeting by a two-thirds (2/3) majority of the Board;
k. implement policies established by the Annual Meeting;
l. insure that procedures and/or requirements for affiliation with the Virginia Education Association and the National Education Association are met;
m. receive all reports of the President, of the Treasurer, of the commissions, and of teams;
n. transmit with its recommendation such reports as may be appropriate to the Annual Meeting;
o. receive all proposed amendments to the Articles of Incorporation and these Bylaws and forward them to the Annual Meeting or to the membership as provided by law or by these Bylaws;
p. be responsible for fiscal decisions that alter the budget expenditures;
q. meet at least six (6) times during the membership year;
r. approve the appointees of the President to all commissions and teams; and
s. perform such other duties as may be required in the Articles of Incorporation and these Bylaws.
Article VI. Executive Committee
6.1 There shall be an Executive Committee which shall:
a. meet when necessary in the interim between meetings of the Board to consider immediate issues within the purview of the Board;
b. make recommendations to the Board;
c. act for the Board in those areas designated by the Board;
d. have the right by a majority vote to direct the President to call a meeting of the Board of Directors; and
e. serve as the Budget Committee for the Association.
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6.2 The President, Executive Vice President, Vice President for Government Relations, Vice President for Membership Development and Communications, Secretary, and Treasurer shall be members of the Executive Committee.
6.3 In the event the membership of the Executive Committee does not include representation from elementary, middle, or secondary schools, then the Board of Directors shall elect an additional Director to serve as a representative on the Executive Committee of the school level not otherwise represented.
Article VII. Association Representatives (Directors)
7.1 Association Representatives shall serve as Directors of the Association as stipulated herein.
7.2 In each school and at each work site, Active members shall, following open nominations, elect by secret ballot for a term of one year one Association Representative and Alternate for each twenty (20) Active members or major fraction thereof. Elections shall be held in April and May within each school and at each work site. Association Representatives shall take office on July 15 their election. The results of such elections shall be reported to the Chairperson of the Elections Commission of the Association. There shall be an alternate for each position. Each school shall be guaranteed a Director on the Board of Directors. In any case when the membership at a work site is less than five (5), these work sites shall be clustered in an effort to provide representation on the Board of Directors.
7.3 In addition, when Retired membership reaches at least forty (40) or major fraction thereof, Retired members shall be entitled to elect from among those who hold Unified Retirement membership in the Association a Retired member who shall serve as an Association Representative and Director as indicated herein. This Association Representative shall be elected according to the same schedule and procedure as outlined in Section 7.2.
7.4 Association Representatives shall:
a. be voting members of and shall attend the meetings of the Board of Directors;
b. conduct meetings of the Association membership in their school to discuss Association business;
c. enroll members;
d. engage in two-way Association communications within the building; and
e. organize and oversee voting for State, District, and local officers where such takes place as well as the subsequent election of Association Representatives and Alternates. In the event an Association Representative is a candidate for an election, the alternate shall oversee the election. The Association Representatives in each respective school and at each work site shall tally the ballots for all elections under their supervision, and they shall submit the results and the ballots to the Elections Commission in the form and manner prescribed by that commission.
7.5 Alternate Association Representatives shall:
a. assist Association Representatives (Directors) in the duties outlined in Section 7.4;
b. attend meetings of the Board of Directors in the temporary absence of the Association Representative (Director). In such cases they may speak to the issues being discussed; however, they may not vote; and
c. assume the office of Association Representative (Director) in any circumstance in which the position becomes vacant during the course of a membership year. In such case the individual shall immediately become a Director of the Association with all the related rights and privileges.
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7.6 Proportional Representation for Certain Membership Categories
a. The Association shall guarantee that representation on the Board of Directors shall reflect the proportional membership of the Association of ethnic minorities, classroom teachers/administrators, educational support personnel, and retirees.
b. The Elections Commission shall determine the number of members necessary, if any, to be elected in order to guarantee that membership in those categories identified in section a above will be proportionally represented on the Board of Directors.
c. The Elections Commission shall conduct elections consistent with the procedures outlined in Article IX in order to provide for the election of individuals to provide representation as outlined in sections a and b above.
Article VIII. Commissions, Teams, and Special Committees
8.1 Commissions
a. The terms of commission members shall be for three years. As terms expire, the President shall appoint new members to be approved by the Board of Directors. Vacancies shall be filled for the unexpired term by appointment of the President with the approval of the Board of Directors. A commission member may serve a maximum of two terms.
b. There shall be three (3) members on each commission.
8.2 Standing Teams
a. Annual appointments of standing teams shall be made by the President.
b. The annual meeting shall be presented with a list of proposed standing teams by the President and/or Board of Directors for its approval.
8.3 Special committees may be established by the annual meeting or by the Board of Directors or by the President for the purpose of accomplishing a specific task within a limited period of time.
8.4 Commission, Team, and Special Committee Membership
a. All appointments shall be made on the basis of individual expertise and ability to make substantial contributions in the specific area of concern.
b. A member shall vacate his or her seat if a change in his or her educational position shall violate the provision of the Articles of Incorporation and/or Bylaws.
Article IX. Nominations and Elections
9.1 Elections of this Association shall be conducted according to provisions set forth herein. This Association shall apply the one-member, one-vote principle for electing officers and elected delegations except that the Association shall guarantee ethnic minority representation in elected delegations at least proportional to the ethnic minority membership. It shall also provide for proportional representation between classroom teachers/administrators, educational support personnel, and retirees. Elections shall be conducted by secret ballot.
9.2 There shall be a Commission on Nominations which shall:
a. be composed of three (3) members appointed by the President;
b. insure that open nominations procedures are followed;
c. prepare and distribute Declaration of Candidacy Forms for all positions to be elected;
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d. identify candidates to fill those offices which are scheduled to become vacant during that membership year;
e. report to the Board of Directors during its February meeting;
f. notify the membership of all candidates who have been nominated for office either by completion of a Declaration of Candidacy or by the Commission without identifying the manner by which names have been included on the list;
g. accept additional nominations until March 15; and
h. publish and distribute to the membership information on all candidates for elected positions of the Association.
9.3 There shall be an Elections Commission which shall:
a. be composed of three (3) members appointed by the President;
b. have ballots prepared, the order of candidates to be determined by lot;
c. be responsible for the distribution of the ballots to the schools and the other work sites;
d. assure that the used and unused ballots shall be delivered to the Chairperson of the Elections Commission;
e. tabulate and certify the results of the elections; and
f. make the results public immediately following the certification by informing each candidate and posting the results in all schools and other work sites where Active members are employed.
9.4 The Elections Commission shall certify to the Board of Directors and the candidates the results of the elections. The Board shall declare all those receiving a majority to have been duly elected. The Board shall also declare the individual so elected as President to be the President-Elect until such time as he or she assumes the Presidency.
9.5 The Elections Commission shall conduct a run-off election for any position where a candidate has not received a majority vote between the two individuals receiving the highest number of votes. The conduct of the run-off shall be consistent with the process established for the original election and shall be completed no later than sixty (60) days following the date of the initial distribution of the ballots for the election in question. This provision shall not apply to the election of delegates to the VEA Delegate Assembly or to the NEA Representative Assembly.
9.6 If a candidate wishes to challenge the Elections Commission’s final certification of the results of an election, he/she may appeal the commission’s decision to the Executive Committee. The decision of the Executive Committee shall be final unless appealed to the full Board whose decision shall be final in all cases.
Article X. Meetings
10.1 The Board of Directors shall meet a minimum of six (6) times during the membership year according to a schedule established by the Board of Directors. A special meeting of the Board of Directors may be called by the President or upon petition of ten percent (10%) of the members of the Board. Appropriate notice of all meetings shall be given.
10.2 The Annual Meeting of the membership shall be held at a time and place as determined by the Board of Directors. The Annual Meeting shall receive such reports and take such actions as shall be deemed appropriate.
10.3 Any member of the Association who is not a member of the Board of Directors may attend the meetings and may be recognized to speak but may not vote.
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Article XI. Quorum
11.1 The quorum of the Board of Directors shall be those present and voting provided that a majority of the elected officers are present and that one-third (1/3) of the Directors are present.
11.2 A quorum for the Annual Meeting shall be those present and voting provided that a quorum of the Board of Directors as outlined above is present.
Article XII. Amendment of the Bylaws
12.1 An amendment to the Bylaws may be proposed by the following methods:
a. by a majority vote of the Executive Committee or
b. by petition signed by at least fifteen (15) Active members of the Association.
12.2 A proposed amendment shall be adopted according to the following procedure:
a. The proposed amendment to these Bylaws shall be presented to the Board of Directors at least thirty (30) days prior to the annual meeting.
b. The Board, at its discretion, may forward the amendment to the annual meeting of the association or to a referendum of the members to be conducted consistent with the provisions contained in these Bylaws.
c. Notice shall be given to members of the method to be used for consideration of the proposed Bylaw amendment and the text of the proposed Bylaw amendment at least twenty-five (25) days prior to consideration.
d. The Bylaws may then be amended at the annual meeting by a majority vote of those present and voting or as a result of a majority vote in the referendum conducted for that purpose.
Article XIII. Parliamentary Authority
Roberts Rules of Order, Newly Revised, shall be the parliamentary authority for this Association on all questions not covered by these Bylaws.
Adopted December 1997
Amended May 21, 1998
Amended May 17, 2001
Amended May 18, 2006
c/hcea/hceabylaws