WDEA Bylaws
BYLAWS
Windsor District Educator’s Association/CTA/NEA
Adopted January 2011
I. NAME AND LOCATION
The name of this Association shall be the Windsor District Educator’s Association/CTA/NEA in Sonoma County.
II. PURPOSES
The primary purposes of this Association shall be:
A. To represent its members in their relations with their employer, and to seek to be
the exclusive representative of appropriate units of school employees in all matters
relating to employment conditions and employer-employee relations including, but
not limited to, wages, hours, and other terms and conditions of employment;
B. To form a representative body capable of developing group opinion on
professional matters to speak with authority for teachers;
C. To provide an opportunity for continuous study and action on problems of the
profession;
D. To provide a means of representation for its ethnic-minority members;
E. To promote professional attitudes and ethical conduct among members;
F. To encourage cooperation and communication between the profession and the
community; and
G. To foster good fellowship among members.
III. AFFILIATION WITH THE CTA/NEA
A. The Windsor District Educator’s Association shall be a chartered chapter of the
California Teachers Association (CTA).
B. The Windsor District Educator’s Association shall be an affiliated local
association of the National Education Association (NEA).
IV. MEMBERSHIP
A. Categories of Membership. There shall be five categories of membership in the
Association: Active, Staff, Student, Retired and Associate.
Active membership shall be open to any person who is engaged in or who is on
limited leave of absence from professional educational work, is an employee of
Windsor Unified School district, and whose primary assignment is such as not to
hold supervisory responsibility over other certificated employees to such an extent
as not to be represented in the negotiations process by the teacher bargaining unit.
B. Membership may be granted upon initiation of payroll deduction or upon payment
of annual Chapter/CTA/NEA dues appropriate to the class of membership.
C. The right to vote and to hold elective office or appointive position within the
Association shall be limited to Active members.
D. Active members shall be eligible to vote in all elections, hold elective office or
appointive position, receive special services, obtain assistance in the protection of
professional and civil rights, and receive reports and publications of the
Association.
E. An individual who is serving as a negotiator for a public school employer shall
not be eligible for membership in the Association.
F. Active members shall adhere to The Code of Ethics of the Education Profession.
G. The rights to and privileges of membership shall not be abridged in any way
because of age, sex, race, color, ethnic group, marital status, national origin or
sexual orientation.
H. No member of the Association may be disciplined without a due process hearing,
which shall include the established appellate procedure.
I. The membership year shall be that period of time from September 1 of any given
calendar year through August 31 of the following calendar year, inclusive.
V. DUES, FEES, AND ASSESSMENTS
A. The basic annual dues level for Active members, and representation fee for nonmembers
represented in the bargaining unit, shall be sufficient to cover the
operating expenses of the Association, the dues of CTA, and the dues of NEA.
B. The Association’s portion of the basic annual dues, and the representation fee for
non-members, shall be established by action of the Representative Council at the
last regular meeting of the school year.
C. The chapter (local) shall apportion any negotiated representation fee or
organizational security fee on the same percentage basis as the
Chapter/CTA/NEA dues.
D. Membership in a given class or category shall be continuous after initial
enrollment until delinquent or until a change in professional status shall make the
member ineligible for that class or category. If by October 31 of any calendar year
a member has not either paid the established annual membership dues for the
current membership year, or made satisfactory arrangements for payment, then
that person’s membership shall be considered delinquent and the name dropped
from the rolls.
VI. POLICY-MAKING BODY
A. The policy-making body of the Association shall be a Representative Council.
The Representative Council, comprised of members of the Association, derives its
powers from and shall be responsible to the membership.
B. The Representative Council shall be composed of the following Active members:
1. Executive Board, ex-officio;
2. Faculty Representatives elected on the basis of one-person one-vote;
C. The Representative Council shall:
1. Establish Association policies and objectives;
2. Adopt the annual budget of the Association on or before the first meeting of
the school year;
3. Approve the establishment or discontinuance of committees recommended by
the Executive Board; and
4. Establish the dues of the Association.
D. The Representative Council shall meet at least once during each school month
with the exceptions of August and June; the number, place and time of meetings
is to be decided by the Executive Board.
E. Special meetings of the Representative Council may be called by the President,
the Executive Board, or by the petition of twenty percent (20%) of the
membership.
F. Special meetings of the Representative Council shall be called for a specific
purpose and no business other than that for which the meeting is called may be
transacted.
G. Notices and agendas for all meetings of the Representative Council shall be sent to all
members of the Representative Council at least two days prior to the date of the
meeting.
H. For emergency meetings of the Representative Council during crisis situations, the
Executive Board shall adopt procedures to notify representatives of meeting dates,
places, and times.
I. A quorum for all meetings of the Representative Council shall consist of a
majority of all voting members of the Representative Council.
J. Members of the Representative Council shall serve a term of 2 year(s). (EXCEPT
FOR THE CTA STATE COUNCIL REPRESENTATIVES WHOSE TERMS ARE
SET BY CTA.)
VII. FACULTY REPRESENTATIVES
A. Faculty representatives shall be elected by and from the Active membership for
each faculty group. Such election shall be by open nominations and by secret
ballot.
B. Each faculty shall be entitled to at least one representative and shall have one
representative for each 15 Association members on the faculty, or major fraction
thereof.
C. Active members who are not represented through an individual school faculty
group shall be counted as a special faculty group entitled to the same
representation on the Representative Council as individual school faculty groups.
D. Vacancies: Vacancies in the office of Representative for whatever cause may be
filled by properly elected or appointed replacements.
E. Faculty Representatives shall:
1. Conduct constant and ongoing liaison between the Representative Council and
the Active members of the faculty unit;
2. Serve as the official channel through which written communications and
publications can be easily and quickly transmitted between the Association
and the Active members;
3. Represent the views and input of the Active membership of the faculty in
votes taken in the Representative Council, conducting frequent and regular
polls of such membership for this purpose; and
4. Perform such additional duties as prescribed by the Executive Board.
F. A Faculty Representative may not conduct an election in which he/she is a
candidate.
G. Faculty Representatives shall attend 80% of the monthly Representative Council
meetings in order to receive their yearly stipend.
VIII. OFFICERS
A. The officers of the Association shall be a President, a Vice- President, a Secretary,
and a Treasurer.
B. These officers shall be and remain currently paid-up local, state, and national
(Active) members as a condition for nomination to and service in their respective
positions during their terms of office.
C. These officers shall be elected by and from the Active membership of the
Association. Such election shall be by open nominations and secret ballot.
D. Officers shall be elected for a term of 2 year(s), commencing on July 1 of any
calendar year.
E. A vacancy shall be deemed to exist in the case of death, resignation, or inability to
serve in any of the offices of the Association. If there is a vacancy occurring in
the office of the President, the Vice-President shall assume the office. In the event
a vacancy occurs in the other offices, a special election shall be held to elect
successors to fill the unexpired terms.
F. The President shall be the chief executive officer of the Association and its policy
leader.
The President shall:
1. Preside at all meetings of the Association, the Representative Council and
Executive Board;
2. Prepare the agenda for the meetings of the Association, the Representative
Council and the Executive Board;
3. Be the official spokesperson for the Association;
4. Be familiar with the governance documents of the Association, CTA, and
NEA;
5. Appoint all chairpersons and members of committees, and of the bargaining
team, with the approval of the Executive Board;
6. Call meetings of the Association and the Executive Board;
7. Suggest policies, plans and activities for the Association and be held
responsible for the progress and work of the Association;
8. Attend meetings of the Service Center Council of which the Association is a
part; and
9. Attend other CTA/NEA meetings as directed by the Representative Council.
G. The Vice-President shall:
1. Serve as assistant to the President in all duties of the President;
2. Assume the duties of the President in the absence of the President;
3. Be responsible for the formation and distribution of the Association’s calendar
of activities; and
4. Serve as coordinator of committee activities at the direction of the President.
H. The Secretary shall:
1. Keep a careful and accurate record of the proceedings of each meeting,
regular or special, of the Association, Representative Council, and the
Executive Board;
2. Be responsible for the distribution of minutes, notice of meetings, and agendas
for all meetings to members of the Representative Council and Executive
Board; and to the membership when appropriate;
3. Keep an accurate roster of the membership of the Association and of all
committees; and
4. Carry on the correspondence pertaining to the affairs of the Association as
directed by the President; and
I. The Treasurer shall:
1. Receive all funds belonging to the Association and be responsible for their
safekeeping and accounting;
2. Pay out such funds upon orders of the President;
3. Prepare a written financial report for each regular meeting of the
Representative Council and Executive Board;
4. Be responsible for an annual audit of the books of the Association and
distributing a summary of this audit to the membership; and
5. Submit membership and financial reports to CTA, NEA, and other agencies as
required by law.
IX. EXECUTIVE BOARD
A. The Executive Board shall be composed of the officers.
B. All members of the Executive Board shall be, and remain, currently paid-up local,
state, and national (Active) members as a condition for nomination to and service
in this position.
C. The Executive Board shall meet before each regular meeting of the
Representative Council and at such other times as the President may deem
necessary, or upon written petition of a majority of the members of the Executive
Board.
D. The duties of the Executive Board shall be to:
1. Coordinate the activities of the Association;
2. Act for the Representative Council when school is not in session;
3. Direct the bargaining activities and grievance processing of the Association,
subject to policies set by the Representative Council;
4. Approve appointment and removal of bargaining team members;
5. Recommend a budget for the Association to the Representative Council;
6. Approve Committee appointments;
7. Adopt the Standing Rules for the Association; and
8. Exercise all the business and organizational powers and duties for the
Association as prescribed by law and these bylaws, subject to any restrictions
that may be imposed by the Representative Council.
E. A quorum for all meetings of the Executive Board shall consist of a majority of
the members of that body.
X. MEETINGS OF THE GENERAL MEMBERSHIP:
A. Meetings of the Association may be called by the President, the Executive Board,
or by written petition of twenty percent (20%) of the membership.
B. Notices of the Association meetings including date, place, time, and purpose of
the meeting shall be made available to all members of the Association at least two
days before the meeting except during crisis situations.
C. For emergency meetings during crisis situations, the Executive Board shall adopt
procedures to notify the Association membership of meeting dates, places and
times.
D. A quorum for meetings of the Association shall be a majority of the active
membership.
XI. BARGAINING TEAM
A. The Bargaining Team and such alternates as the Executive Board deems
necessary shall be appointed by the President and approved by the Executive
Board.
B. The President shall appoint all members and the chairperson of the Bargaining
Team with the concurrence of the Executive Board.
C. Vacancies created by resignation or inability to serve shall be filled by the
Executive Board from the list of alternates.
D. The Executive Board, by two-thirds (2/3) majority, may remove a member of the
Bargaining Team.
E. The duties of the Bargaining Team are to represent and to bargain for the
bargaining unit(s).
F. Responsibility and authority for directing the bargaining process on behalf of the
Association are vested in the Executive Board subject to policies established by
the membership.
G. Employees in each appropriate bargaining unit shall be surveyed to determine
contents of the proposed contract demands, and the contract proposal for each
appropriate unit shall be approved by Association members in that unit.
H. The Bargaining Team shall report its activities to the Executive Board in such
form and with such frequency as the Executive Board may require.
I. The Executive Board shall provide for the dissemination of information regarding
bargaining and the activities of the Bargaining Team to the general membership.
J. Agreements reached between the Bargaining Team and the school board or its
representatives shall be considered tentative and not binding upon the Association
until such agreements have been ratified by the membership in the appropriate
units unless such ratification shall have been specifically waived or otherwise
delegated by that membership.
XII. GRIEVANCE PROCESSING
A. The Executive Board shall adopt, with the approval of the Representative
Council, the procedures for grievance processing.
B. These procedures shall include, but not be limited to, the following:
1. Provide for representation to assist all members of the bargaining unit(s) in
processing grievances;
2. Training for handling grievances; and
3. Evaluation of the Association’s grievance policies and procedures.
XIII NOMINATIONS AND ELECTIONS
A. There shall be an appointed Elections Committee.
B. Elections shall be conducted with:
1. Open nomination procedure;
2. Secret ballot;
3. All member vote;
4. Record of voters receiving or casting ballots;
5. Majority vote, unless otherwise specified.
C. State Council Representative elections shall be conducted in accordance with
CTA guidelines after the chapter or service center council has been notified to do
so by the CTA Elections Committee.
D. NEA State Delegate elections shall be conducted in accordance with CTA
guidelines.
E. NEA Local Delegate elections shall be conducted in accordance with NEA/CTA
guidelines.
F. The duties of the Elections Committee shall be to:
1. Ensure that all chapter/CTA/NEA election codes and timelines are followed;
2. Establish election timelines;
3. Develop and carry out timelines and procedures;
4. Prepare ballots for election of officers and such other elections as may be
necessary;
5. Count the ballots and certify the results;
6. Handle initial challenges.
XIV. COMMITTEES
A. Committees, except as otherwise provided in these bylaws, may be established
and discontinued by the Executive Board, subject to approval by the
Representative Council.
B. Each committee shall submit periodic reports to the Executive Board and
Representative Council.
XV. PARLIAMENTARY AUTHORITY
Robert’s Rules of Order, Newly Revised, latest edition, shall be followed at all
meetings of the Association, the Representative Council, and the Executive Board.
XVI. AMENDMENTS/PROCEDURES:
These Bylaws may be amended by a two-thirds (2/3) vote of the representatives at any
regular or special meeting of the Representative Council. Notice in writing of a proposed
Bylaws amendment shall have been submitted to the Secretary and provided to members
of the Representative Council at the meeting preceding the one at which it is to be voted
upon.
STANDING RULES
NOMINATIONS AND ELECTIONS
(Required Election Standing Rules that must be included in the Bylaws or as
Standing Rules for the Local.)
Standing Rules are the day-to-day rules by which the organization runs its meetings
and business. They should be easily changed in order to adapt to changing conditions
and policy (example: simple majority vote of the Executive Board).
A. Elections Committee
1. There shall be an Elections Committee.
2. The Elections Committee shall be appointed.
3. The Elections Committee shall be composed of at least three members.
4. The chair of the Elections Committee shall be appointed by the President.
5. Members of the Elections Committee shall be approved by the Executive
Board.
6. A member shall abstain from participation in Elections Committee activities
during the period in which s/he or her/his immediate family member is a
candidate.
B. Election Requirements
1. The chapter shall ensure that an open nomination procedure is in place (i.e.,
any member may nominate any member, including himself or herself). Only
reasonable qualifications for office such as membership in the chapter may be
required.
2. Every member shall be assured of voting by secret ballot.
3. There shall be at least a fifteen (15) day period between notice of election and
the actual voting.
4. There shall be an all member vote. A member who is off-track shall be sent
election information by mail to his/her last known residence.
5. A chapter shall provide means for all members to vote (including vote by
mail), and it shall be the responsibility of the member to notify the chapter if
s/he desires a ballot at a site other than the regularly scheduled voting place.
6. A member shall acknowledge receipt of a ballot by signature on a registration
sheet at the time of issuance of the ballot or on an envelope when returning
the voted ballot.
If a roster of members is prepared for a school site ahead of time, initials of
the member may be accepted.
7. All elections shall be decided by a majority vote, unless otherwise specified.
In the event no candidate receives a majority vote, a run-off election shall be
held between the two candidates receiving the highest number of votes.
C. Announcement
1. The announcement of election shall include the offices, length of terms, and
the election timeline.
2. The announcement shall be publicized in a manner that every member has an
opportunity to file a declaration of candidacy.
D. Timeline
1. Schools on alternative calendars shall be considered when setting election
timelines.
2. The timeline for the election shall include dates for:
a. Time, date, and place where declarations of candidacy are to be received.
Literature shall include information that date is receipt date and not postmark date.
b. Date for acknowledgment of declarations from candidates.
c. Date for preparation of ballots.
d. Date on which ballots will be distributed.
e. Date(s) when voting will take place.
f. Deadline date for requesting absentee ballot.
g. Deadline date, time and place for return of ballots, including absentee
ballots.
h. Date, time and place where ballots will be counted.
i. Date(s) that announcement of results will be made to leadership,
candidates and members.
j. Dates and timelines for run-off election, if necessary.
k. Deadline for filing of challenges.
E. Finances
1. Chapter moneys received through dues, assessment or similar levy shall not be
used to promote any candidate.
2. A candidate may not accept direct contributions from a chapter’s treasury or
indirect contributions in the form of use of a chapter’s assets, facilities, staff,
equipment, mailings, good will and credit.
F. Candidate’s Rights
1. Privileges extended to one candidate shall be extended to all candidates.
2. Each candidate shall receive a copy of the election timeline, procedures and
guidelines.
3. Each candidate shall have the right of access to a list containing the names and
last known addresses of all members.
4. Each candidate shall be treated in a fair and equitable manner in the printing
and distribution of campaign statements.
G. Ballot
1. The names of the candidates shall be printed on the ballot in (CTA election
alphabet, in alphabetical order or in an order pre-selected by the unit for one
year). The name of each candidate shall be as printed on the declaration of
candidacy. When a candidate’s last name is hyphenated, the name before the
hyphen shall be used for placement on the ballot.
2. The ballot shall state the name of the office, the term, and the names of the
candidates.
3. The ballot shall include space for a write-in candidate, except in run-off
elections.
H. Distribution of Ballots and Method of Voting
1. Each member shall receive a ballot.
2. Voting shall be by one or a combination of the following methods:
a. At School Site/Specified Voting Site
If a Site Representative is a candidate, refer to A. Elections Committee, 6.
1). Voting At School Site(s)/Specified Voting Site
a). Each voter must sign or initial a voter roster/sign-up sheet before
receiving a ballot.
(1) Voter Roster – List of eligible voters.
(2) Voter Sign-up Sheet – List of eligible voters that includes a place
for a signature.
b). The marked ballot must be returned to a designated site representative
or ballot box.
c). Site representatives must return all voter roster/sign-up sheets and
ballots to the Elections Committee by the designated date and time.
2). Voting At School Site(s)/Specified Voting Site Using Envelopes
When voting is conducted at school or specified sites using envelopes, the
procedure shall be as follows:
a). A list of current members shall be prepared, which includes each
members name, school and home address.
b). The voter shall be provided with the following:
(1). A ballot;
(2). Instructions on folding of the ballot in the inner envelope;
placement of the ballot in the unsigned inner envelope; signature on
the outer envelope addressed to the chapter; and deadline date for
receipt of the voted ballot at the chapter office;
(3). A small envelope (inner envelope) in which to place the voted
ballot; and,
(4). A larger envelope (outer envelope) addressed to the chapter, on
which the voter prints and signs his/her name.
c). At the time of counting of the ballots, the names on the outer envelope
shall be checked against the official list of voters. The name on the
official list shall be marked to show that the voter has returned a ballot.
d). The outer envelope shall then be opened and put in a separate stack for
safekeeping as a record of voters.
e). All inner envelopes shall be placed in a separate receptacle.
f). The inner envelopes shall be slit and the ballots removed from the
envelopes, stacked and then counted.
b. By mail
When the voting is conducted by mail, the procedure shall be as follows:
Members who are off-track or on a dues paying leave shall be notified by mail
in order to provide them an opportunity and right to vote.
Special care should be taken in all phases of handling of ballots to ensure the
accuracy and the secrecy of voting by mail. The following procedures and
guidelines have been developed for this situation:
1). A list of current official members shall be prepared, which includes the
following: name, school and home address.
2). The mailing list shall exactly correspond to the current official roll of
voting members.
3). Each voter shall be provided with:
a). A ballot;
b). Instructions on:
(1). Folding and placing of the ballot in the unsigned inner envelope;
(2). Placing of the unsigned inner envelope into the outer envelope;
(3). Signature and school on the outer envelope addressed to the
chapter; and
(4). Deadline date for receipt of the voted ballot at the chapter
office.
c). Inner envelope;
d). Outer return envelope, addressed to the chapter; and
e). Instructions on returning of the voted ballot, including the signature.
4). The ballot shall be date stamped when it is received in the chapter office
and then put in a safe place until the votes are to be counted.
5). At the time of counting, the names on the outer envelope shall be
checked against the official list of teachers who are off-track.
6). The outer envelopes shall then be opened and put in a separate stack
for safekeeping as a record of voters.
7). All inner envelopes shall be placed in a separate receptacle.
8). The inner envelopes shall be slit and the ballots removed from the
envelopes, stacked, and then counted.
I. Counting of Ballots
1. A preliminary count may take place at the voting sites.
2. Upon receipt of ballots, tally sheets and signature sheets, the Elections
Committee shall count the ballots in a secure area with only the Elections
Committee members and observers present.
3. The Elections Committee shall count valid ballots and set aside any ballot(s)
on which there is a question, such as:
a. Blank ballot;
b. More ballots than signatures;
c. Ballot submitted after deadline;
d. Voter not a member;
e. Voter’s intent unclear;
f. Votes cast for more than number allowed;
g. Vote cast on unofficial ballot;
h. Vote cast for ineligible candidate.
4. The Elections Committee shall make a determination on whether the vote(s)
in each category should be counted, and make a note of the decision. Each
category of ballot shall be kept separate.
5. The Elections Committee shall prepare the Final Report, recording the
following information:
a. Total number of ballots cast.
b. The number of set aside ballots with an explanation for each category of
ballot not counted.
c. The number needed to win or pass.
d. The number of votes received by each candidate or issue.
e. A notation whether the set aside votes would affect the outcome.
f. Signature of each Elections Committee member present during the
preparation of the report.
6. The Elections Chair shall submit the Final Report to the President or designee
who shall inform all candidates of the results.
7. The President shall announce the results as prescribed by the timelines.
8. If the votes set aside would affect the outcome of the election, the President
and the appropriate body shall decide:
a. to count the votes which have been set aside;
b. not to count the votes which have been set aside; or
c. if the election should be conducted again.
Any candidate who may be affected by the vote shall not be allowed to take
part in the decision-making process.
9. The ballots and voter sign-up sheets shall be retained for one year after the
election.
J. Observers
1. Each candidate shall be allowed to have an observer(s) (put appropriate
number if more than one) at the vote counting site and shall give the name(s)
of the observer to the Elections Committee before counting.
2. An observer shall not interfere with the counting and shall stay in the counting
area until the President or designee has been notified of the results.
K. Challenge Procedure
1. A challenge cannot be initiated until after the results of the elections have
been posted at each work site.
2. The challenging party(ies) must notify the unit president of a challenge in
writing within ten (10) days after the announcement of the results of the
election.
The notification must:
a. Specify which requirement has been violated.
b. Include evidence, insofar as possible.
c. List names and addresses of parties who can give evidence.
3. Within seven (7) calendar days after receipt of the challenge, the unit
Elections Committee shall, in accordance with the unit's bylaws and standing
rules, conduct an investigation of the challenged election for the purpose of
ascertaining the facts. Following the investigation to ascertain the facts, the
Elections Committee will attempt to reach resolution and issue a decision
regarding the validity of the challenge based on whether the alleged violation
may have affected the outcome of the election. A copy of the
recommendation will be sent to the president of the unit for disposition.
4. If an individual wishes to appeal the decision of the Elections Committee, or if
the unit Elections Committee fails to act, he/she may file an appeal within
seven (7) calendar days from the date of the filing of the challenge by writing
to the CTA President.
5. The challenge procedure for election of State Council Representatives and
Alternates, and State or Local Delegates to the NEA Representative Assembly
is outlined in the CTA Elections Manual.
L. Initiative Procedures
1. The active membership shall have the authority to make decisions on any
matters affecting the Association or its activities through the initiative process.
2. A member shall file a notice of the intent to circulate a petition with the
chapter president by including a copy of the petition to be circulated, and the
names of at least three persons supporting the proposed measure and
responsible for its circulation.
3. The chapter president shall register the receipt of the notice of the intent to
circulate, and acknowledge such registration in writing with the member filing
the notice.
4. The timeline for gathering signatures will commence the day that the notice of
intent is registered. A maximum of 45 school days shall be permitted to obtain
the signatures of at least 10 percent or more of the active members of the
chapter. The petition shall contain the question proposed to be placed on the
ballot.
5. The circulators shall present to the chapter president the petition(s) containing
original signatures.
6. The chapter president shall have 5 school days in which to verify the
membership of the signers of the petition.
7. If there are insufficient signatures, the petition circulator shall be notified by
mail of the number of signatures needed to qualify the petition. The petition
circulator shall have an additional 7 school days in which to gather and submit
the necessary signatures. The chapter president shall have 3 school days in
which to verify the membership of the additional signers.
8. The chapter president shall cause a ballot to be furnished to the members no
less than 15 school days after verification of membership, provided that the
period that school is officially not in session shall not be included in this
count.
9. Regular election procedures (e.g., election of officers) shall be followed
including voting times.
10. The proposal shall take effect immediately upon receipt of the required
number of votes, unless otherwise specified.
M. Referendum Procedures
1. Any action or proposed action of the Representative Council or the Executive
Board shall be referred to a vote of the membership upon two-thirds vote of
the Representative Council at any valid meeting.
2. The referendum action shall prescribe the exact wording of the question to be
posed to the membership on the ballot.
3. The chapter president shall cause a ballot to be furnished to the members no
less than 15 school days after action by the Representative Council, provided
that the period that school is officially not in session shall not be included in
this count.
4. Regular election procedures (e.g., election of officers) shall be followed
including voting times.
5. The proposal shall take effect immediately upon receipt of the required
number of votes, unless otherwise specified.
N. Recall Procedures
1. The active membership shall have the authority to recall from office any
person or persons having been elected thereto by the chapter’s active
members.
2. A member shall file a notice of the intent to circulate a petition to recall with
the chapter president by including a copy of the petition to be circulated, and
the names of at least three persons supporting the proposed recall and
responsible for its circulation. If the proposed recall is for the person holding
the office of president, the request shall be made to the next ranking officer.
3. The chapter president shall register the receipt of the notice of the intent to
circulate, and acknowledge such registration in writing with the member filing
the notice.
4. The timeline for gathering signatures will commence the day that the notice of
intent is registered. A maximum of 60 school days shall be permitted to obtain
the signatures of at least 25 percent or more of the active members of the
chapter. The petition shall contain the question proposed to be placed on the
ballot.
5. The circulators shall present to the chapter president the petition(s) containing
original signatures.
6. The chapter president shall have 10 school days in which to verify the
membership of the signers of the petition.
7. If there are insufficient signatures, the petition circulator shall be notified by
mail of the number of signatures needed to qualify the petition. The petition
circulator shall have an additional 15 school days in which to gather and
submit the necessary signatures. The chapter president shall have 5 school
days in which to verify the membership of the additional signers.
8. The chapter president shall cause a ballot to be furnished to the members no
less than 20 school days after verification of membership. The period that
school is officially not in session shall not be included in this count.
9. Regular election procedures (e.g., election of officers) shall be followed
including voting times.
10. Any necessary supplementary rules governing recall that are not in conflict
with the foregoing may be adopted and published within the same
publications and by the same manner as are prescribed for other elections
within the Association.
11. The proposal shall take effect immediately upon receipt of the required
number of votes, unless otherwise specified.
APPENDIX
I. PEER ASSISTANCE/REVIEW
If you have bargained PAR language, you should consider appropriate language to
reflect your negotiated language
There must be alignment between contract language and leadership responsibility.
II. POLITICAL ACTION COMMITTEE
In order to participate in local school board elections and/or bond elections, any funds
donated for such purposes must be collected separately from association dues and
held in a separate account. The Fair Political Practices Commission has strict
guidelines regarding campaign donations. Correct procedures for forming and
operating political action committees can be found in the CTA Guide to Local
Political Action Committees, available through the CTA Governmental Relations
Division, Sacramento, Telephone: 916/442-5895
III. SITE-BASED DECISION MAKING COUNCILS
CTA chapters in districts operating site-based decision making (SBDM) programs
should make every effort to ensure adherence, at a minimum, to the following
principles and standards:
1. All SBDM council members should be elected from and by a specific
constituency. No ad hoc, informal group without a specific constituency should be
permitted to exercise any of the rights or prerogatives of an SBDM council.
2. All SBDM council members should be elected to a specific term of office.
3. SBDM council members should have a set of responsibilities and authority that
are clearly defined.
4. One of the responsibilities of the Association representative at the site should be
to serve as a member of the SBDM council.
5. A majority (fifty percent plus one) of the SBDM council should be composed of
classroom teachers.
6. Certificated members of the SBDM council should be provided with training in
the responsibilities, authority, and function of the council.
7. Released time or extra pay should be provided to certificated SBDM council
members both for training and for council meetings.
8. The integrity of the Association’s contract should be guaranteed both at the site
level and throughout the district. Authority to waive contractual provisions, at the
site or district level, should clearly be vested in the Association.
9. A mechanism should be established for the recall of SBDM members by their
constituents.
10. In districts that operate on year-round schedules, a mechanism should be
established for enfranchising “off-track” teachers and ensuring their participation
in the SBDM Program.
ADDITIONAL REFERENCE MATERIAL:
CTA Elections Manual
CTA Guidelines to Chap
Windsor District Educator’s Association/CTA/NEA
Adopted January 2011
I. NAME AND LOCATION
The name of this Association shall be the Windsor District Educator’s Association/CTA/NEA in Sonoma County.
II. PURPOSES
The primary purposes of this Association shall be:
A. To represent its members in their relations with their employer, and to seek to be
the exclusive representative of appropriate units of school employees in all matters
relating to employment conditions and employer-employee relations including, but
not limited to, wages, hours, and other terms and conditions of employment;
B. To form a representative body capable of developing group opinion on
professional matters to speak with authority for teachers;
C. To provide an opportunity for continuous study and action on problems of the
profession;
D. To provide a means of representation for its ethnic-minority members;
E. To promote professional attitudes and ethical conduct among members;
F. To encourage cooperation and communication between the profession and the
community; and
G. To foster good fellowship among members.
III. AFFILIATION WITH THE CTA/NEA
A. The Windsor District Educator’s Association shall be a chartered chapter of the
California Teachers Association (CTA).
B. The Windsor District Educator’s Association shall be an affiliated local
association of the National Education Association (NEA).
IV. MEMBERSHIP
A. Categories of Membership. There shall be five categories of membership in the
Association: Active, Staff, Student, Retired and Associate.
Active membership shall be open to any person who is engaged in or who is on
limited leave of absence from professional educational work, is an employee of
Windsor Unified School district, and whose primary assignment is such as not to
hold supervisory responsibility over other certificated employees to such an extent
as not to be represented in the negotiations process by the teacher bargaining unit.
B. Membership may be granted upon initiation of payroll deduction or upon payment
of annual Chapter/CTA/NEA dues appropriate to the class of membership.
C. The right to vote and to hold elective office or appointive position within the
Association shall be limited to Active members.
D. Active members shall be eligible to vote in all elections, hold elective office or
appointive position, receive special services, obtain assistance in the protection of
professional and civil rights, and receive reports and publications of the
Association.
E. An individual who is serving as a negotiator for a public school employer shall
not be eligible for membership in the Association.
F. Active members shall adhere to The Code of Ethics of the Education Profession.
G. The rights to and privileges of membership shall not be abridged in any way
because of age, sex, race, color, ethnic group, marital status, national origin or
sexual orientation.
H. No member of the Association may be disciplined without a due process hearing,
which shall include the established appellate procedure.
I. The membership year shall be that period of time from September 1 of any given
calendar year through August 31 of the following calendar year, inclusive.
V. DUES, FEES, AND ASSESSMENTS
A. The basic annual dues level for Active members, and representation fee for nonmembers
represented in the bargaining unit, shall be sufficient to cover the
operating expenses of the Association, the dues of CTA, and the dues of NEA.
B. The Association’s portion of the basic annual dues, and the representation fee for
non-members, shall be established by action of the Representative Council at the
last regular meeting of the school year.
C. The chapter (local) shall apportion any negotiated representation fee or
organizational security fee on the same percentage basis as the
Chapter/CTA/NEA dues.
D. Membership in a given class or category shall be continuous after initial
enrollment until delinquent or until a change in professional status shall make the
member ineligible for that class or category. If by October 31 of any calendar year
a member has not either paid the established annual membership dues for the
current membership year, or made satisfactory arrangements for payment, then
that person’s membership shall be considered delinquent and the name dropped
from the rolls.
VI. POLICY-MAKING BODY
A. The policy-making body of the Association shall be a Representative Council.
The Representative Council, comprised of members of the Association, derives its
powers from and shall be responsible to the membership.
B. The Representative Council shall be composed of the following Active members:
1. Executive Board, ex-officio;
2. Faculty Representatives elected on the basis of one-person one-vote;
C. The Representative Council shall:
1. Establish Association policies and objectives;
2. Adopt the annual budget of the Association on or before the first meeting of
the school year;
3. Approve the establishment or discontinuance of committees recommended by
the Executive Board; and
4. Establish the dues of the Association.
D. The Representative Council shall meet at least once during each school month
with the exceptions of August and June; the number, place and time of meetings
is to be decided by the Executive Board.
E. Special meetings of the Representative Council may be called by the President,
the Executive Board, or by the petition of twenty percent (20%) of the
membership.
F. Special meetings of the Representative Council shall be called for a specific
purpose and no business other than that for which the meeting is called may be
transacted.
G. Notices and agendas for all meetings of the Representative Council shall be sent to all
members of the Representative Council at least two days prior to the date of the
meeting.
H. For emergency meetings of the Representative Council during crisis situations, the
Executive Board shall adopt procedures to notify representatives of meeting dates,
places, and times.
I. A quorum for all meetings of the Representative Council shall consist of a
majority of all voting members of the Representative Council.
J. Members of the Representative Council shall serve a term of 2 year(s). (EXCEPT
FOR THE CTA STATE COUNCIL REPRESENTATIVES WHOSE TERMS ARE
SET BY CTA.)
VII. FACULTY REPRESENTATIVES
A. Faculty representatives shall be elected by and from the Active membership for
each faculty group. Such election shall be by open nominations and by secret
ballot.
B. Each faculty shall be entitled to at least one representative and shall have one
representative for each 15 Association members on the faculty, or major fraction
thereof.
C. Active members who are not represented through an individual school faculty
group shall be counted as a special faculty group entitled to the same
representation on the Representative Council as individual school faculty groups.
D. Vacancies: Vacancies in the office of Representative for whatever cause may be
filled by properly elected or appointed replacements.
E. Faculty Representatives shall:
1. Conduct constant and ongoing liaison between the Representative Council and
the Active members of the faculty unit;
2. Serve as the official channel through which written communications and
publications can be easily and quickly transmitted between the Association
and the Active members;
3. Represent the views and input of the Active membership of the faculty in
votes taken in the Representative Council, conducting frequent and regular
polls of such membership for this purpose; and
4. Perform such additional duties as prescribed by the Executive Board.
F. A Faculty Representative may not conduct an election in which he/she is a
candidate.
G. Faculty Representatives shall attend 80% of the monthly Representative Council
meetings in order to receive their yearly stipend.
VIII. OFFICERS
A. The officers of the Association shall be a President, a Vice- President, a Secretary,
and a Treasurer.
B. These officers shall be and remain currently paid-up local, state, and national
(Active) members as a condition for nomination to and service in their respective
positions during their terms of office.
C. These officers shall be elected by and from the Active membership of the
Association. Such election shall be by open nominations and secret ballot.
D. Officers shall be elected for a term of 2 year(s), commencing on July 1 of any
calendar year.
E. A vacancy shall be deemed to exist in the case of death, resignation, or inability to
serve in any of the offices of the Association. If there is a vacancy occurring in
the office of the President, the Vice-President shall assume the office. In the event
a vacancy occurs in the other offices, a special election shall be held to elect
successors to fill the unexpired terms.
F. The President shall be the chief executive officer of the Association and its policy
leader.
The President shall:
1. Preside at all meetings of the Association, the Representative Council and
Executive Board;
2. Prepare the agenda for the meetings of the Association, the Representative
Council and the Executive Board;
3. Be the official spokesperson for the Association;
4. Be familiar with the governance documents of the Association, CTA, and
NEA;
5. Appoint all chairpersons and members of committees, and of the bargaining
team, with the approval of the Executive Board;
6. Call meetings of the Association and the Executive Board;
7. Suggest policies, plans and activities for the Association and be held
responsible for the progress and work of the Association;
8. Attend meetings of the Service Center Council of which the Association is a
part; and
9. Attend other CTA/NEA meetings as directed by the Representative Council.
G. The Vice-President shall:
1. Serve as assistant to the President in all duties of the President;
2. Assume the duties of the President in the absence of the President;
3. Be responsible for the formation and distribution of the Association’s calendar
of activities; and
4. Serve as coordinator of committee activities at the direction of the President.
H. The Secretary shall:
1. Keep a careful and accurate record of the proceedings of each meeting,
regular or special, of the Association, Representative Council, and the
Executive Board;
2. Be responsible for the distribution of minutes, notice of meetings, and agendas
for all meetings to members of the Representative Council and Executive
Board; and to the membership when appropriate;
3. Keep an accurate roster of the membership of the Association and of all
committees; and
4. Carry on the correspondence pertaining to the affairs of the Association as
directed by the President; and
I. The Treasurer shall:
1. Receive all funds belonging to the Association and be responsible for their
safekeeping and accounting;
2. Pay out such funds upon orders of the President;
3. Prepare a written financial report for each regular meeting of the
Representative Council and Executive Board;
4. Be responsible for an annual audit of the books of the Association and
distributing a summary of this audit to the membership; and
5. Submit membership and financial reports to CTA, NEA, and other agencies as
required by law.
IX. EXECUTIVE BOARD
A. The Executive Board shall be composed of the officers.
B. All members of the Executive Board shall be, and remain, currently paid-up local,
state, and national (Active) members as a condition for nomination to and service
in this position.
C. The Executive Board shall meet before each regular meeting of the
Representative Council and at such other times as the President may deem
necessary, or upon written petition of a majority of the members of the Executive
Board.
D. The duties of the Executive Board shall be to:
1. Coordinate the activities of the Association;
2. Act for the Representative Council when school is not in session;
3. Direct the bargaining activities and grievance processing of the Association,
subject to policies set by the Representative Council;
4. Approve appointment and removal of bargaining team members;
5. Recommend a budget for the Association to the Representative Council;
6. Approve Committee appointments;
7. Adopt the Standing Rules for the Association; and
8. Exercise all the business and organizational powers and duties for the
Association as prescribed by law and these bylaws, subject to any restrictions
that may be imposed by the Representative Council.
E. A quorum for all meetings of the Executive Board shall consist of a majority of
the members of that body.
X. MEETINGS OF THE GENERAL MEMBERSHIP:
A. Meetings of the Association may be called by the President, the Executive Board,
or by written petition of twenty percent (20%) of the membership.
B. Notices of the Association meetings including date, place, time, and purpose of
the meeting shall be made available to all members of the Association at least two
days before the meeting except during crisis situations.
C. For emergency meetings during crisis situations, the Executive Board shall adopt
procedures to notify the Association membership of meeting dates, places and
times.
D. A quorum for meetings of the Association shall be a majority of the active
membership.
XI. BARGAINING TEAM
A. The Bargaining Team and such alternates as the Executive Board deems
necessary shall be appointed by the President and approved by the Executive
Board.
B. The President shall appoint all members and the chairperson of the Bargaining
Team with the concurrence of the Executive Board.
C. Vacancies created by resignation or inability to serve shall be filled by the
Executive Board from the list of alternates.
D. The Executive Board, by two-thirds (2/3) majority, may remove a member of the
Bargaining Team.
E. The duties of the Bargaining Team are to represent and to bargain for the
bargaining unit(s).
F. Responsibility and authority for directing the bargaining process on behalf of the
Association are vested in the Executive Board subject to policies established by
the membership.
G. Employees in each appropriate bargaining unit shall be surveyed to determine
contents of the proposed contract demands, and the contract proposal for each
appropriate unit shall be approved by Association members in that unit.
H. The Bargaining Team shall report its activities to the Executive Board in such
form and with such frequency as the Executive Board may require.
I. The Executive Board shall provide for the dissemination of information regarding
bargaining and the activities of the Bargaining Team to the general membership.
J. Agreements reached between the Bargaining Team and the school board or its
representatives shall be considered tentative and not binding upon the Association
until such agreements have been ratified by the membership in the appropriate
units unless such ratification shall have been specifically waived or otherwise
delegated by that membership.
XII. GRIEVANCE PROCESSING
A. The Executive Board shall adopt, with the approval of the Representative
Council, the procedures for grievance processing.
B. These procedures shall include, but not be limited to, the following:
1. Provide for representation to assist all members of the bargaining unit(s) in
processing grievances;
2. Training for handling grievances; and
3. Evaluation of the Association’s grievance policies and procedures.
XIII NOMINATIONS AND ELECTIONS
A. There shall be an appointed Elections Committee.
B. Elections shall be conducted with:
1. Open nomination procedure;
2. Secret ballot;
3. All member vote;
4. Record of voters receiving or casting ballots;
5. Majority vote, unless otherwise specified.
C. State Council Representative elections shall be conducted in accordance with
CTA guidelines after the chapter or service center council has been notified to do
so by the CTA Elections Committee.
D. NEA State Delegate elections shall be conducted in accordance with CTA
guidelines.
E. NEA Local Delegate elections shall be conducted in accordance with NEA/CTA
guidelines.
F. The duties of the Elections Committee shall be to:
1. Ensure that all chapter/CTA/NEA election codes and timelines are followed;
2. Establish election timelines;
3. Develop and carry out timelines and procedures;
4. Prepare ballots for election of officers and such other elections as may be
necessary;
5. Count the ballots and certify the results;
6. Handle initial challenges.
XIV. COMMITTEES
A. Committees, except as otherwise provided in these bylaws, may be established
and discontinued by the Executive Board, subject to approval by the
Representative Council.
B. Each committee shall submit periodic reports to the Executive Board and
Representative Council.
XV. PARLIAMENTARY AUTHORITY
Robert’s Rules of Order, Newly Revised, latest edition, shall be followed at all
meetings of the Association, the Representative Council, and the Executive Board.
XVI. AMENDMENTS/PROCEDURES:
These Bylaws may be amended by a two-thirds (2/3) vote of the representatives at any
regular or special meeting of the Representative Council. Notice in writing of a proposed
Bylaws amendment shall have been submitted to the Secretary and provided to members
of the Representative Council at the meeting preceding the one at which it is to be voted
upon.
STANDING RULES
NOMINATIONS AND ELECTIONS
(Required Election Standing Rules that must be included in the Bylaws or as
Standing Rules for the Local.)
Standing Rules are the day-to-day rules by which the organization runs its meetings
and business. They should be easily changed in order to adapt to changing conditions
and policy (example: simple majority vote of the Executive Board).
A. Elections Committee
1. There shall be an Elections Committee.
2. The Elections Committee shall be appointed.
3. The Elections Committee shall be composed of at least three members.
4. The chair of the Elections Committee shall be appointed by the President.
5. Members of the Elections Committee shall be approved by the Executive
Board.
6. A member shall abstain from participation in Elections Committee activities
during the period in which s/he or her/his immediate family member is a
candidate.
B. Election Requirements
1. The chapter shall ensure that an open nomination procedure is in place (i.e.,
any member may nominate any member, including himself or herself). Only
reasonable qualifications for office such as membership in the chapter may be
required.
2. Every member shall be assured of voting by secret ballot.
3. There shall be at least a fifteen (15) day period between notice of election and
the actual voting.
4. There shall be an all member vote. A member who is off-track shall be sent
election information by mail to his/her last known residence.
5. A chapter shall provide means for all members to vote (including vote by
mail), and it shall be the responsibility of the member to notify the chapter if
s/he desires a ballot at a site other than the regularly scheduled voting place.
6. A member shall acknowledge receipt of a ballot by signature on a registration
sheet at the time of issuance of the ballot or on an envelope when returning
the voted ballot.
If a roster of members is prepared for a school site ahead of time, initials of
the member may be accepted.
7. All elections shall be decided by a majority vote, unless otherwise specified.
In the event no candidate receives a majority vote, a run-off election shall be
held between the two candidates receiving the highest number of votes.
C. Announcement
1. The announcement of election shall include the offices, length of terms, and
the election timeline.
2. The announcement shall be publicized in a manner that every member has an
opportunity to file a declaration of candidacy.
D. Timeline
1. Schools on alternative calendars shall be considered when setting election
timelines.
2. The timeline for the election shall include dates for:
a. Time, date, and place where declarations of candidacy are to be received.
Literature shall include information that date is receipt date and not postmark date.
b. Date for acknowledgment of declarations from candidates.
c. Date for preparation of ballots.
d. Date on which ballots will be distributed.
e. Date(s) when voting will take place.
f. Deadline date for requesting absentee ballot.
g. Deadline date, time and place for return of ballots, including absentee
ballots.
h. Date, time and place where ballots will be counted.
i. Date(s) that announcement of results will be made to leadership,
candidates and members.
j. Dates and timelines for run-off election, if necessary.
k. Deadline for filing of challenges.
E. Finances
1. Chapter moneys received through dues, assessment or similar levy shall not be
used to promote any candidate.
2. A candidate may not accept direct contributions from a chapter’s treasury or
indirect contributions in the form of use of a chapter’s assets, facilities, staff,
equipment, mailings, good will and credit.
F. Candidate’s Rights
1. Privileges extended to one candidate shall be extended to all candidates.
2. Each candidate shall receive a copy of the election timeline, procedures and
guidelines.
3. Each candidate shall have the right of access to a list containing the names and
last known addresses of all members.
4. Each candidate shall be treated in a fair and equitable manner in the printing
and distribution of campaign statements.
G. Ballot
1. The names of the candidates shall be printed on the ballot in (CTA election
alphabet, in alphabetical order or in an order pre-selected by the unit for one
year). The name of each candidate shall be as printed on the declaration of
candidacy. When a candidate’s last name is hyphenated, the name before the
hyphen shall be used for placement on the ballot.
2. The ballot shall state the name of the office, the term, and the names of the
candidates.
3. The ballot shall include space for a write-in candidate, except in run-off
elections.
H. Distribution of Ballots and Method of Voting
1. Each member shall receive a ballot.
2. Voting shall be by one or a combination of the following methods:
a. At School Site/Specified Voting Site
If a Site Representative is a candidate, refer to A. Elections Committee, 6.
1). Voting At School Site(s)/Specified Voting Site
a). Each voter must sign or initial a voter roster/sign-up sheet before
receiving a ballot.
(1) Voter Roster – List of eligible voters.
(2) Voter Sign-up Sheet – List of eligible voters that includes a place
for a signature.
b). The marked ballot must be returned to a designated site representative
or ballot box.
c). Site representatives must return all voter roster/sign-up sheets and
ballots to the Elections Committee by the designated date and time.
2). Voting At School Site(s)/Specified Voting Site Using Envelopes
When voting is conducted at school or specified sites using envelopes, the
procedure shall be as follows:
a). A list of current members shall be prepared, which includes each
members name, school and home address.
b). The voter shall be provided with the following:
(1). A ballot;
(2). Instructions on folding of the ballot in the inner envelope;
placement of the ballot in the unsigned inner envelope; signature on
the outer envelope addressed to the chapter; and deadline date for
receipt of the voted ballot at the chapter office;
(3). A small envelope (inner envelope) in which to place the voted
ballot; and,
(4). A larger envelope (outer envelope) addressed to the chapter, on
which the voter prints and signs his/her name.
c). At the time of counting of the ballots, the names on the outer envelope
shall be checked against the official list of voters. The name on the
official list shall be marked to show that the voter has returned a ballot.
d). The outer envelope shall then be opened and put in a separate stack for
safekeeping as a record of voters.
e). All inner envelopes shall be placed in a separate receptacle.
f). The inner envelopes shall be slit and the ballots removed from the
envelopes, stacked and then counted.
b. By mail
When the voting is conducted by mail, the procedure shall be as follows:
Members who are off-track or on a dues paying leave shall be notified by mail
in order to provide them an opportunity and right to vote.
Special care should be taken in all phases of handling of ballots to ensure the
accuracy and the secrecy of voting by mail. The following procedures and
guidelines have been developed for this situation:
1). A list of current official members shall be prepared, which includes the
following: name, school and home address.
2). The mailing list shall exactly correspond to the current official roll of
voting members.
3). Each voter shall be provided with:
a). A ballot;
b). Instructions on:
(1). Folding and placing of the ballot in the unsigned inner envelope;
(2). Placing of the unsigned inner envelope into the outer envelope;
(3). Signature and school on the outer envelope addressed to the
chapter; and
(4). Deadline date for receipt of the voted ballot at the chapter
office.
c). Inner envelope;
d). Outer return envelope, addressed to the chapter; and
e). Instructions on returning of the voted ballot, including the signature.
4). The ballot shall be date stamped when it is received in the chapter office
and then put in a safe place until the votes are to be counted.
5). At the time of counting, the names on the outer envelope shall be
checked against the official list of teachers who are off-track.
6). The outer envelopes shall then be opened and put in a separate stack
for safekeeping as a record of voters.
7). All inner envelopes shall be placed in a separate receptacle.
8). The inner envelopes shall be slit and the ballots removed from the
envelopes, stacked, and then counted.
I. Counting of Ballots
1. A preliminary count may take place at the voting sites.
2. Upon receipt of ballots, tally sheets and signature sheets, the Elections
Committee shall count the ballots in a secure area with only the Elections
Committee members and observers present.
3. The Elections Committee shall count valid ballots and set aside any ballot(s)
on which there is a question, such as:
a. Blank ballot;
b. More ballots than signatures;
c. Ballot submitted after deadline;
d. Voter not a member;
e. Voter’s intent unclear;
f. Votes cast for more than number allowed;
g. Vote cast on unofficial ballot;
h. Vote cast for ineligible candidate.
4. The Elections Committee shall make a determination on whether the vote(s)
in each category should be counted, and make a note of the decision. Each
category of ballot shall be kept separate.
5. The Elections Committee shall prepare the Final Report, recording the
following information:
a. Total number of ballots cast.
b. The number of set aside ballots with an explanation for each category of
ballot not counted.
c. The number needed to win or pass.
d. The number of votes received by each candidate or issue.
e. A notation whether the set aside votes would affect the outcome.
f. Signature of each Elections Committee member present during the
preparation of the report.
6. The Elections Chair shall submit the Final Report to the President or designee
who shall inform all candidates of the results.
7. The President shall announce the results as prescribed by the timelines.
8. If the votes set aside would affect the outcome of the election, the President
and the appropriate body shall decide:
a. to count the votes which have been set aside;
b. not to count the votes which have been set aside; or
c. if the election should be conducted again.
Any candidate who may be affected by the vote shall not be allowed to take
part in the decision-making process.
9. The ballots and voter sign-up sheets shall be retained for one year after the
election.
J. Observers
1. Each candidate shall be allowed to have an observer(s) (put appropriate
number if more than one) at the vote counting site and shall give the name(s)
of the observer to the Elections Committee before counting.
2. An observer shall not interfere with the counting and shall stay in the counting
area until the President or designee has been notified of the results.
K. Challenge Procedure
1. A challenge cannot be initiated until after the results of the elections have
been posted at each work site.
2. The challenging party(ies) must notify the unit president of a challenge in
writing within ten (10) days after the announcement of the results of the
election.
The notification must:
a. Specify which requirement has been violated.
b. Include evidence, insofar as possible.
c. List names and addresses of parties who can give evidence.
3. Within seven (7) calendar days after receipt of the challenge, the unit
Elections Committee shall, in accordance with the unit's bylaws and standing
rules, conduct an investigation of the challenged election for the purpose of
ascertaining the facts. Following the investigation to ascertain the facts, the
Elections Committee will attempt to reach resolution and issue a decision
regarding the validity of the challenge based on whether the alleged violation
may have affected the outcome of the election. A copy of the
recommendation will be sent to the president of the unit for disposition.
4. If an individual wishes to appeal the decision of the Elections Committee, or if
the unit Elections Committee fails to act, he/she may file an appeal within
seven (7) calendar days from the date of the filing of the challenge by writing
to the CTA President.
5. The challenge procedure for election of State Council Representatives and
Alternates, and State or Local Delegates to the NEA Representative Assembly
is outlined in the CTA Elections Manual.
L. Initiative Procedures
1. The active membership shall have the authority to make decisions on any
matters affecting the Association or its activities through the initiative process.
2. A member shall file a notice of the intent to circulate a petition with the
chapter president by including a copy of the petition to be circulated, and the
names of at least three persons supporting the proposed measure and
responsible for its circulation.
3. The chapter president shall register the receipt of the notice of the intent to
circulate, and acknowledge such registration in writing with the member filing
the notice.
4. The timeline for gathering signatures will commence the day that the notice of
intent is registered. A maximum of 45 school days shall be permitted to obtain
the signatures of at least 10 percent or more of the active members of the
chapter. The petition shall contain the question proposed to be placed on the
ballot.
5. The circulators shall present to the chapter president the petition(s) containing
original signatures.
6. The chapter president shall have 5 school days in which to verify the
membership of the signers of the petition.
7. If there are insufficient signatures, the petition circulator shall be notified by
mail of the number of signatures needed to qualify the petition. The petition
circulator shall have an additional 7 school days in which to gather and submit
the necessary signatures. The chapter president shall have 3 school days in
which to verify the membership of the additional signers.
8. The chapter president shall cause a ballot to be furnished to the members no
less than 15 school days after verification of membership, provided that the
period that school is officially not in session shall not be included in this
count.
9. Regular election procedures (e.g., election of officers) shall be followed
including voting times.
10. The proposal shall take effect immediately upon receipt of the required
number of votes, unless otherwise specified.
M. Referendum Procedures
1. Any action or proposed action of the Representative Council or the Executive
Board shall be referred to a vote of the membership upon two-thirds vote of
the Representative Council at any valid meeting.
2. The referendum action shall prescribe the exact wording of the question to be
posed to the membership on the ballot.
3. The chapter president shall cause a ballot to be furnished to the members no
less than 15 school days after action by the Representative Council, provided
that the period that school is officially not in session shall not be included in
this count.
4. Regular election procedures (e.g., election of officers) shall be followed
including voting times.
5. The proposal shall take effect immediately upon receipt of the required
number of votes, unless otherwise specified.
N. Recall Procedures
1. The active membership shall have the authority to recall from office any
person or persons having been elected thereto by the chapter’s active
members.
2. A member shall file a notice of the intent to circulate a petition to recall with
the chapter president by including a copy of the petition to be circulated, and
the names of at least three persons supporting the proposed recall and
responsible for its circulation. If the proposed recall is for the person holding
the office of president, the request shall be made to the next ranking officer.
3. The chapter president shall register the receipt of the notice of the intent to
circulate, and acknowledge such registration in writing with the member filing
the notice.
4. The timeline for gathering signatures will commence the day that the notice of
intent is registered. A maximum of 60 school days shall be permitted to obtain
the signatures of at least 25 percent or more of the active members of the
chapter. The petition shall contain the question proposed to be placed on the
ballot.
5. The circulators shall present to the chapter president the petition(s) containing
original signatures.
6. The chapter president shall have 10 school days in which to verify the
membership of the signers of the petition.
7. If there are insufficient signatures, the petition circulator shall be notified by
mail of the number of signatures needed to qualify the petition. The petition
circulator shall have an additional 15 school days in which to gather and
submit the necessary signatures. The chapter president shall have 5 school
days in which to verify the membership of the additional signers.
8. The chapter president shall cause a ballot to be furnished to the members no
less than 20 school days after verification of membership. The period that
school is officially not in session shall not be included in this count.
9. Regular election procedures (e.g., election of officers) shall be followed
including voting times.
10. Any necessary supplementary rules governing recall that are not in conflict
with the foregoing may be adopted and published within the same
publications and by the same manner as are prescribed for other elections
within the Association.
11. The proposal shall take effect immediately upon receipt of the required
number of votes, unless otherwise specified.
APPENDIX
I. PEER ASSISTANCE/REVIEW
If you have bargained PAR language, you should consider appropriate language to
reflect your negotiated language
There must be alignment between contract language and leadership responsibility.
II. POLITICAL ACTION COMMITTEE
In order to participate in local school board elections and/or bond elections, any funds
donated for such purposes must be collected separately from association dues and
held in a separate account. The Fair Political Practices Commission has strict
guidelines regarding campaign donations. Correct procedures for forming and
operating political action committees can be found in the CTA Guide to Local
Political Action Committees, available through the CTA Governmental Relations
Division, Sacramento, Telephone: 916/442-5895
III. SITE-BASED DECISION MAKING COUNCILS
CTA chapters in districts operating site-based decision making (SBDM) programs
should make every effort to ensure adherence, at a minimum, to the following
principles and standards:
1. All SBDM council members should be elected from and by a specific
constituency. No ad hoc, informal group without a specific constituency should be
permitted to exercise any of the rights or prerogatives of an SBDM council.
2. All SBDM council members should be elected to a specific term of office.
3. SBDM council members should have a set of responsibilities and authority that
are clearly defined.
4. One of the responsibilities of the Association representative at the site should be
to serve as a member of the SBDM council.
5. A majority (fifty percent plus one) of the SBDM council should be composed of
classroom teachers.
6. Certificated members of the SBDM council should be provided with training in
the responsibilities, authority, and function of the council.
7. Released time or extra pay should be provided to certificated SBDM council
members both for training and for council meetings.
8. The integrity of the Association’s contract should be guaranteed both at the site
level and throughout the district. Authority to waive contractual provisions, at the
site or district level, should clearly be vested in the Association.
9. A mechanism should be established for the recall of SBDM members by their
constituents.
10. In districts that operate on year-round schedules, a mechanism should be
established for enfranchising “off-track” teachers and ensuring their participation
in the SBDM Program.
ADDITIONAL REFERENCE MATERIAL:
CTA Elections Manual
CTA Guidelines to Chap
