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CONSTITUTION AND BY-LAWS OF THE LANCASTER
This corporation shall be known as LANCASTER CENTRAL TEACHERS ASSOCIATION, INC. ARTICLE II – OBJECTS OF CORPORATION Insofar as not inconsistent with the Certificate of Incorporation herein, the objectives of this Corporation shall be: (1) To provide opportunity for professional advancement and growth. ARTICLE III – MEMBERSHIP Section 1 – Active Membership Membership of the Corporation shall be available to all certified professional employees of the Lancaster Central District Schools who are represented by the Corporation negotiation unit. Membership requires payment of unified dues for the LCTA Inc., NYSUT, and AFT. Amounts shall be determined annually by each organization and be paid through LCTA, Inc. Active membership shall also be available to retirees of the negotiation unit. Payment of full LCTA, Inc. dues shall be required.
Associate Membership shall be available to employees on unpaid leaves of absence, employees on the preferred eligibility list, or retirees of the Corporation negotiation unit. Membership requires payment of unified dues for the LCTA, Inc., NYSUT, and AFT. Amounts shall be determined annually by each organization and be paid through the LCTA, Inc. Associate members shall have the same privileges of active members, excepting those of making motions, voting, holding office, and membership on committees. Section 3 – Honorary Membership Honorary membership may be extended to or withdrawn from any person by a two-thirds vote of the Representative Council. Honorary members shall not be required to pay dues, but shall have the privileges of active membership, excepting those of making motions, voting, holding office, and membership on committees. Section 4 – Meetings The Executive Committee (Executive Board) shall arrange at least two meetings of the general membership each year for the discussion of professional issues.
Section 1 The Board of Directors shall, from time to time, be also known as the Representative Council. Section 2 The Board of Directors (Representative Council) shall consist of three
classes: Section 3 Officers and Faculty Representatives shall serve for a term of one year, or until their successor shall have been elected to replace them. The President shall be elected yearly, not holding this office more than 6 consecutive years. Executive Board Members shall serve for a term of two years, or until their successor shall have been elected to replace them. Section 4 Officers are nominated by the Board of Directors (Representative Council) at its regular April meeting and election of Officers shall be held in May. A plurality of votes cast shall be sufficient for the election of the positions of Secretary and Treasurer. A simple majority of vote’s cast shall be required for the election to the office of President or Vice President. If any candidate for President or Vice President does not receive a majority vote, a run off election will take place under the direction of the Election Chairperson within 2 weeks of the general election following procedures as indicated in Article XI. The election will be between the 2 candidates who received the most votes. In order to run for either Secondary or Elementary vice-president position, a member must be teaching greater than 50% in that respective level.
The Executive Board shall consist of one member elected in December from each building for the term of two years. If an Executive Board position cannot be filled, the President may appoint a member of the LCTA. An Executive Board member shall not hold a Faculty Representative position. Executive Board members from Aurora Middle School, Court Street, William Street, and Hillview will be elected for one (1) year. Executive Board members from Central Avenue, Como Park, the High School and Sciole will be elected for two (2) years. After that, all of the Executive Board will be elected every two years. The plurality of votes cast shall be sufficient for the election of the Directors. Section 6 Additional nominations may be made for such offices by any member of
the Corporation following such procedures as may be adopted, from time
to time, by the Board of Directors (Representative Council). Additional
candidates may also petition for any open position. Section 7 Prior to each election, the Elections Committee as hereafter designated, shall publish to the members of the Corporation brief information on each candidate. Section 8 Such election shall be by secret ballot audited by the Elections Committee, which shall report the results to the President of the Corporation who shall cause them to be duly published. New directors shall be installed at the next regular meeting of the Board of Directors (Representative Council) following their election. Section 9 If there is an uncontested election, the Secretary may cast one vote for the whole slate. (FYI: We don’t have to have an election if there are no contests) Section 10 Members in each public school building in the Lancaster School District shall separately elect faculty Representatives-Directors. One faculty representative shall be elected for each fifteen members of the Corporation or major fraction thereof, with no less then two representatives from each building. Any building with less then eight Corporation members shall be considered a part of the geographically nearest building for the purposes of representation. Elections shall be held in December and May. One-half, or the nearest fraction to that, of each building’s representatives shall take their seats at the next regular meeting of the Board of Directors (Representative Council). Members in each building shall elect at least one alternate Faculty representative who, in the absence of the regularly elected representative, shall assume such representative’s powers and duties. Section 11 Faculty Representatives – Directors shall attend regular meetings of the Board of Directors (Representative Council). The reps terms are divided into two (2) five (5) month sections. The sections are September through January and February through June. A rep must attend at least four (4) meetings per five (5) months to receive reimbursement. After 3 absences the Rep’s name will be brought before Executive Board for action. The President can then call for a special election to fill out the term. The President can appoint a member in good standing until the next election. Section 12 The Officers and Executive Board shall have the Executive authority of the Corporation. Each member shall serve as a member of one standing committee. Section 13 When a majority of the Executive Committee (Executive Board) shall agree that an officer has been grossly negligent of the duties defined in these By-Laws or is incapacitated, they shall recommend to the Board of Directors (Representative Council) that the office be declared vacant. If the council so votes by a two-thirds majority at its next regular meeting, it shall immediately elect a replacement to fill the unexpired term of such officer. No person shall be elected to less than the entire remainder of the unexpired term. Section 14 The Executive Committee (Executive Board) shall meet monthly. Special
meetings of the Executive Committee may be held at the call of the President,
or at the written request of three members of the Executive Committee.
An Executive Board member may send Building Reps to Executive Board meetings
in their place. Section 15 The Board of Directors (Representative Council) shall meet monthly. The Executive Committee (Executive Board) shall prepare an agenda for each meeting and shall circulate it to all members of the Board of Directors at least three school days in advance of the meeting so that directors have time to discuss it with their faculty members in advance of the meeting. Section 16 Special meetings of the Board of Directors may be held at the call of the President, or upon written request to the Executive Committee (Executive Board) from five faculty representatives’ directors. Business to come before the meeting must be stated in the call, which shall be sent in writing to each representative. Section 17 A majority of the Board of Directors (Representative Council) shall constitute a quorum.
The faculty representatives in each building shall call faculty meetings of the Corporation members to discuss Corporation business, shall appoint such faculty committees as the Corporation may require, shall organize and oversee elections, shall promote communication between the Corporation and its members, and shall perform such other duties as shall be for the good and welfare of the Corporation. Section 19 Delegates to the National and State Conventions (AFT/NYSUT) shall be nominated by the Board of Directors (Representative Council) at the regular April meeting. Election shall be held in May. NYSUT delegates’ and alternates’ terms will expire in EVEN years. AFT delegates’ and alternates’ terms will expire in ODD years. A plurality of votes shall be sufficient for election of delegates/alternates. The total number of delegates/alternates shall be determined by the Constitutions of the AFT and NYSUT.
Section 1 The Officers of the Association shall consist of a President, 2 Vice-Presidents, 2 Secretaries, and Treasurer. Section 2 The duties of the officers shall be as follows: Part 1 – PRESIDENT. The President shall: a. Preside over meetings of the Executive Board and the Representative
Council. Part II A–VICE-PRESIDENT (Secondary). The Secondary Vice-President shall: a. Share all duties of the President in case of absence or resignation
with other Vice-President. Part II B–VICE-PRESIDENT (Elementary). The Elementary Vice-President shall: a. Share all duties of the President in case of absence or resignation
with other Vice-President. Part IIIA – RECORDING SECRETARY. The Recording secretary shall: a. Keep accurate minutes of all representative meetings. Part III B– CORRESPONDING SECRETARY. The Corresponding secretary shall: a. Assist other officers with LCTA correspondence. Part IV – TREASURER. The Treasurer shall: Section 3 All Officers will be required to attend 7 Rep Council Meetings, 7Executive Board Meetings, and 6 LCTA Open Forums each year. If an officer is delinquent in performing this particular duty, their name must be brought before the Executive Board for deliberation.
Section 1 The President, with the approval of the Executive Board, shall appoint the chairman and members of the following standing committees. Legislative, Public Relations, Social Activities, Scholarship, Sunshine, Grievance, and Negotiations. Membership on all committees shall be representative of the Corporation as a whole, except as otherwise provided. Section 2 Each committee shall make regular reports and recommendations to the Representative Council and each committee shall file an annual report with the Secretary. Section 3 The legislative committee shall study and report on all local, state, and national legislation, which affects public education and the profession. The committee shall encourage appropriate action on pertinent legislation. This committee shall include in its membership delegates to NYSUT and AFT. Section 4 The Public Relations Committee shall promote understanding and good will between the profession and the community. It shall cooperate with other community groups in promoting good public education. It shall keep the membership informed on professional matters and suggest good public relations procedures to be followed by the Corporation and its members. It shall be responsible for the publication of an official newsletter.
The Social Activities Committee shall arrange the social and recreational program of the Corporation.
The Scholarship Committee shall select deserving recipient(s) for the annual Corporation scholarship(s). It shall consist of two members of the Counseling Department and two classroom teachers. Section 7 The Sunshine Committee shall have supervision of a fund to provide flowers and cards for ill or deceased members of the Corporation and for those members in whose families serious illness or other affliction has occurred. This committee shall keep the President informed with reference to any serious misfortune within the power of the Corporation to mitigate. Section 8 The Grievance Committee shall function in accordance with the Teacher-Board Contract. This Committee shall consist of four members. Section 9 The Negotiations Committee shall perform all functions related to negotiations. It shall include the Negotiating Team within its membership. It shall be responsible for the professional improvement of the teacher in the classroom. It shall study and recommend to the Representative Council in-service courses, study groups, and professional meetings worthy of sponsorship by the Corporation. It shall be responsible for organizing the Annual Conference Day. Section 10 Nominating Committee: If there are no nominees pursuant to Article IV, Sections 4 and 5, an election committee shall be convened. Each building represented by the Association shall appoint one of their members of the Board of Directors for membership on the Nominating Committee. The Committee shall meet after the April Representative Council meeting and nominate at least one candidate each for President, Vice-President, Secretary, and Treasurer. The Committee shall not nominate members of the nominating committee. The Election Chairman shall act as chairperson of the Committee. These procedures shall in no way affect the petition procedure.
Each year the President shall appoint an Elections Committee, an Audit Committee, a Budget Committee, and other special committees as may be necessary and shall discharge them upon completion of their duties. These committees shall operate according to the rules established by the Representative Council. No officer of the Corporation shall serve on either the Election Committee or the Audit Committee. ARTICLE VIII – NEGOTIATING TEAM The negotiating team is defined as those people who have primary voting authority in negotiations, as provided by the Taylor Law. Anyone interested in serving on the negotiating team or as financial advisor must present the President with 10 signatures of LCTA members in good standing. The deadline for presenting the signatures will be 20 months prior to the expiration of the existing agreement. The Executive Board, with the approval of Rep Council, will select 5 members from the pool of petitioners for the negotiating team and 1 member as financial advisor. The team will decide on a Chief Negotiator from within their own ranks. If necessary, a recorder will be appointed by the Executive Board.
Robert’s Rules of Order shall be the parliamentary authority for the Corporation on all questions not covered by the Constitution and By-Laws and such standing rules as the Representative Council shall adopt.
Write-in ballots for any candidates for officers or directors except Faculty Representatives, who have not been nominated according to the procedures required above for election of such officers and directors, will be declared void ballots.
Section 1 The Election Chairperson is responsible to conduct the election. Building Representatives will serve as the Election Committee. Section 2 Ballot boxes must be delivered to each voting place, no later than the day prior to the election. The Election Chairperson will deliver the ballot boxes to a designated Building Representative. Section 3 Voting times and location will be at the discretion of each building’s representatives, provided that a Building Representative supervises the ballot box or an assigned member at all times. Section 4 A current list of LCTA members eligible to vote shall be provided by the membership chair and sent along with the ballot box and ballots to each building. Section 5 LCTA members shall vote in the building where they receive their paychecks. Any member wishing to vote in a location other than the one in which they receive their paychecks, shall so certify in writing to the membership chair no later than 5 calendar days prior to the election. The membership chair shall then list that person in the desired location. Section 6 Part I – BALLOTS Each voter must sign their full name next to their printed name on the current list of LCTA members in order to receive a ballot. Any person whose name does not appear on the current list of LCTA members shall not receive a ballot. Part II – VOTING ELIGIBILITY Eligible voters include active members (members paying “full” dues for their category of membership). Do not include associate members, members on LOA, members on the “preferred eligible” list, and retired members as defined in Article III. Section 7 The Building Representative will return ballot boxes in person to the Election Chairperson at the designated place by the designated time. Section 8 The Election Chairperson shall serve as chief teller, and the President shall appoint 1 or more additional tellers. Section 9 The tellers shall neither tally nor report the votes in such a manner as to indicate individual-building totals, with the exception that total ballots cast within a building may be determined before the tally begins. No building totals should be printed after elections. Section 10 Void ballots will be stored with regular ballots to be available for inspection. Section 11 Prior to the election the Election Chairperson shall inform all Building Representative in writing of their responsibilities for the election. Section 12 In the event of question concerning an election, Building Representatives are instructed to contact the Election Chairperson immediately. Section 13 All eligible LCTA members will be eligible to vote for all positions.
Ratification of New Contracts shall follow the following procedures: a. All LCTA members shall receive the tentative settlement package at least 5 days prior to the ratification vote. b. During the 5-day period mentioned above, an informational meeting would be held to address member questions and concerns. c. No Absentee ballots will be allowed. d. The Ratification vote will take place in a single, secure location such as the High School Auditorium. e. The Ratification vote will last from 3:00 until 6:00 at such location. f. Members’ names will be listed alphabetically. g. Building Representative volunteers will man voting stations. h. When tallying the votes, two LCTA volunteers will man each voting box. i. The final tally will be posted in all buildings the following morning. j. A simple majority vote is required for ratification. [Any procedures not covered must comply with the provisions of the Landrum-Griffin Act]
The Representative council may adopt amendments to these By-Laws by two-thirds majority of those voting at any regular meeting, provided that amendments have been introduced at the preceding meeting of the Representative Council and that copies of the proposed amendments have been previously distributed to members of the Council for faculty discussion. ARTICLE XIII Before the Association adopts a change in policy, exclusive of calendar, which affects benefits, wages, and/or hours of all active members, which is covered by our Collective Bargaining Agreement, such change(s) shall only be enacted by a majority vote of the LCTA membership. Revised 6/6/09 |