CREA ByLaws

ARTICLE I

NAME, AFFILIATION, PURPOSE

 

Section 1. Name, Affiliation, Purpose

 

The name of this corporation will be the Caesar Rodney Education Association.  The Association will be affiliated with the Delaware State Education Association (DSEA) and the National Education Association (NEA).

 

The purpose of the Association will be to:

a. Promote excellence in education for children

b. Promote the general welfare and status of its members

c. Advance the cause of education in Delaware

 

ARTICLE II

MEMBERSHIP

 

Section 1. Membership Year

 

The membership year will be September 1 to August 31.

 

Section 2.  Membership Categories

 

The categories of membership will be Active Professional and Active Paraprofessional.  Active membership will be open to any person who is employed by the Caesar Rodney School District and whose employment falls within the bargaining unit represented by CREA.

 

An active member is anyone who:

a. Is a member of the National Education Association and the Delaware State Education Association and 

b. Holds a certificate issued by the State of Delaware or be eligible to hold such certificate, 

where required for employment in the Caesar Rodney School District and

c. Is on limited leave of absence from the employment described above

d. Who is serving as an executive officer of the DSEA

e. Is not an administrator within the Caesar Rodney School District, principal, associate principal, assistant principal or full-time district supervisor

 

This Association may include more than one employee group within the School District.  A decision to create a unified local association will be made by members of CREA, following the notification of the membership that such a decision is being considered.

 

 

 

Section 3. Membership Dues

 

Association dues for the ensuing year will be set by the Representative Assembly by June 10 of each year.  The Active Paraprofessional dues will be one-half of the Active Professional dues rate.

 

Dues for Active members employed half-time or less will be one-half the regular rate of full time Active employees.

 

Section 4. Membership Discipline and Due Process

 

No member may be censured, suspended or expelled without just cause and a due process hearing.  The hearing will be conducted before the Representative Assembly, which will vote on the action.  The charged member may appeal this decision to the DSEA Executive Board, which will make the final decision.

 

ARTICLE III

OFFICERS

 

Section 1. Officer Positions

 

The elected officers of the association will be the President, Vice President, Secretary and Treasurer.  The term of office for each will be two (2) years, beginning on July 15 following their election.  They may stand for re-election.  Elected officers will be, and will remain, members of the association while in office.  Procedures for elections are discussed in Article VII – Elections.

 

Section 2. Removal and Due Process

 

Officers of the Association will serve their terms so long as they satisfactorily perform the duties of office.  Where an officer has been guilty of misconduct or has not completed their duties, such officer may be removed from office for cause, following proper notice and a hearing before the Representative Assembly, and then, after proper notice, by a majority vote of the members of the Association in attendance at any such meeting.

 

Section 3. Responsibilities of the President

 

The President shall:

a. Be the chief officer, representative and spokesperson for the Association

b. Have the responsibility of insuring that members are kept informed and involved in the Association

c. Meet regularly with the leadership team and Executive Board to plan programs and policies of the Association

d. Preside at all meetings of the Executive Board, Representative Assembly and general membership of the Association

e. Appoint all committees and committee chairs

f. May serve as a co-signer with the Treasurer of all checks and approve cash expenditures of the Association

g. Be a delegate to the DSEA Representative Assembly, DSEA training sessions and meetings with local affiliate leaders

h. Make certain the Association is in compliance with its bylaws and policies

Section 4. Responsibilities of the Vice President

 

The Vice President shall:

a. Assume the duties of the President when he/she is absent

b. Be responsible for working with the Association Representatives (ARs) to foster decisions, communicating and involving members, and implementing Association actions and programs

c. Meet regularly with the Executive Board to plan programs and policies of the Association

d. May serve as a co-signer of checks

e. Perform other duties as the President directs

 

Section 5. Responsibilities of the Treasurer

 

The Treasurer shall:

a. Be responsible to the Executive Board, Representative Assembly and the membership for an accounting of all funds of the local Association including a regular written accounting of all receipts and disbursements

b. Each year develop, with the Executive Board, a proposed operating budget that is presented to the Representative Assembly for approval

c. Meet regularly with the Executive Board to plan the programs and policies of the Association

d. Be a co-signer of all checks and be accountable for cash expenditures of the Association

e. Maintain annual audit reports, checking account records, regular treasurer’s reports, budgets and an end of the year report

f. Insure that an annual audit of all Association income and expenditures is completed

 

Section 6. Responsibilities of the Secretary

 

The Secretary shall:

a. Keep, record and disseminate the minutes of all Representative Assembly, District Liaison, Executive Board and general membership meetings

b. Maintain (for the Association) the official records of the incorporated body including:

1. Minutes and records of official action 

2. Important correspondence

3. Current copy of the bylaws and Representative Assembly policies

4. Negotiated agreements and bargaining archives

c. Meet regularly with the Executive Board to plan and implement the programs and policies of the Association

 

Section 7. Vacancies

 

A vacancy in the office of President shall be filled for the unexpired term by the Vice President.  A vacancy in the office of Vice President, Secretary or Treasurer shall be filled for the unexpired term through election by the Representative Assembly.

 

 

 

 

 

 

ARTICLE IV

REPRESENTATIVE ASSEMBLY

 

Section 1. Purpose

 

The Representative Assembly will be the corporate board of directors and will serve as the legislative body of the Association.

 

Section 2. Authority/Responsibility of Representative Assembly

 

The Representative Assembly shall:

a. Adopt the annual budget

b. Serve as the policy making body of the Association and conduct the ongoing business of the organization

c. Approve committee chairs and committee member appointments

d. Perform other duties as determined by the Executive Board

 

Section 3. Voting Members of the Representative Assembly

 

Voting members of the Representative Assembly will include officers and other elected members of the Executive Board and members elected by the membership in the school buildings.  (See Article VII for election guidelines)

 

The Representative Assembly will have a number of ethnic minority members which is at least proportionate to the local’s ethnic minority membership.  Should proportional ethnic membership not occur through normal association representation elections, the Representative Assembly will nominate and elect ethnic minority representatives.  Ethnic minority will mean those persons designed as ethnic-minority by U.S. Bureau of Census.  The designation will include American Indian and Alaska Native, Asian and Pacific Islander, Afro-Americans and Hispanic.

 

Section 4. Meetings

 

The Representative Assembly will meet monthly during the school year at a regularly scheduled time and place as adopted by the Assembly at its first meeting of the year.  The President, with the concurrence of the Executive Board, will schedule the first meeting and prepare recommendations for future meetings, dates and locations which the Assembly will act on at its first meeting.

 

Special meetings may be called by the President, by a majority of the Association Representatives or by a 2/3 vote of the Executive Board.

 

ARTICLE V

ASSOCIATION REPRESENTATIVES (ARs)

 

The most important connection between the membership and the Association is the Association Representative.  The Association will place priority on the development and retention of ARs.

 

 

 

Section 1. Election of Association Representatives (ARs)

 

ARs will be elected by building members through a process that includes open nomination and secret ballot.  ARs will be elected on a ratio of one representative for every 15 members of major fraction thereof.  They will be, and will remain, members of the Association while serving as an AR.

 

ARs will serve a term of two (2) years and may be reelected.  The elections will be conducted by the end of the school year with the term beginning the following school year.

 

Section 2. Responsibilities of Association Representatives

 

It will be the responsibility of the Association Representative to:

a. Represent their members by attending the meetings of the Representative Assembly, by participating in decision-making and by implementing the actions and activities of the Association

b. Keep the members informed of Association issues, actions and activities

c. Keep the Association informed of their member’s opinions and ideas

d. Promote member involvement in the Association by recruiting members for Association activities and programs

e. Facilitate the recruitment of new members

f. Assist members with their problems and concerns

g. Develop a working relationship with administrators in order to effectively represent their members

 

Section 3. Training and Development of Association Representatives

 

The Association will implement ongoing training and development programs for the ARs.  The training should minimally include how the Association (local, DSEA, NEA) functions, how to promote member involvement, how to assist members with problems and concerns, and how to work with administrators in representing members and the Association.

 

Section 4. Alternate Association Representative

 

One alternate Association Representative will be elected for each Association Representative.  The alternate may attend Representative Assembly meetings and be a voting member in the absence of the regular AR.

 

Section 5. Recall of Association Representatives

 

An Association Representative may be recalled for poor performance of duty by a 2/3 vote of the membership he/she represents.  The Representative Assembly may establish a policy by which Association Representatives may be removed for failure to attend RA meetings.

 

Section 6. Vacancies

 

When a vacancy occurs in an AR position, the elected alternate shall assume the position.  If no elected alternate exists, then nominations shall be received and an election held.

 

ARTICLE VI

EXECUTIVE BOARD

 

Section 1. Purpose

 

The Executive Board will be responsible for the implementation of association actions, and when necessary, be the interim policy making body between meetings of the Representative Assembly.

 

Section 2. Composition

 

The Executive Board will consist of the elected officers and three (3) members at large, at least one of whom shall be a paraprofessional.  At large Executive Board members will be elected by the Representative Assembly for a two (2) year term.

 

The Representative Assembly will strive to ensure that the composition of the Executive Board represents a balance between elementary and secondary teachers.

 

Section 3. Authority/Responsibility of the Executive Board

 

The responsibility of the Executive Board will be to:

a. Implement and coordinate the actions of the Representative Assembly

b. Act at the primary planning body for the Association, developing a plan that includes goals with strategies to achieve these goals

c. Make policy decisions as needed between Representative Assembly meetings

d. Propose the annual budget to the Representative Assembly

e. Propose contingency expenditures

f. Ensure that the local association meets its responsibilities of incorporation

 

Section 4. Meetings

 

The Executive Board will meet monthly.  A schedule of the meetings will be prepared by the President and approved by the Executive Board at its first meeting of the year.  Special meetings may be called by the President or by a majority of the Executive Board.

 

Section 5. Ethnic Minority Representation

 

The Executive Board will have a number of ethnic minority members which is at least proportionate to the Association’s ethnic minority membership.  Should proportional ethnic minority membership not occur through normal association representation elections, the Representative Assembly will nominate and elect minority representatives.  Ethnic minority is defined as those persons designated as ethnic-minority by the U.S. Bureau of Census.  The designation will include American Indian and Alaska Native, Asian and Pacific Islander, Afro-American and Hispanic.

 

 

 

 

 

 

ARTICLE VII

ELECTION PROCEDURES

 

Section 1. General Principles

 

All elections of the association shall have a member notification and nomination process.  Each election involving the membership shall be by secret ballot.

 

Section 2. Elections Committee

 

An elections committee will be appointed by the President, with the concurrence of the Representative Assembly.

 

The responsibilities of the committee include:

a. Setting up and conducting the all-member elections

b. Ensure compliance with the notification, nominations, timelines, procedures and secret ballot requirements

 

Section 3. Officer Elections

 

The member notification and nomination process will be completed by April 30 and the elections are to be held by May 30.

 

Procedures for these officer elections will be adopted by the Representative Assembly no later than its February meeting and shared with the membership.

 

Minimally the procedures will include:

a. Specific timelines

b. How a person may be nominated

c. Establishing a process of distributing and collecting ballots

 

Candidates receiving the most votes will be declared the winner.

 

In years where there is only one candidate for an office, those candidates will be considered the elected candidate for the office subject to ratification by the Representative Assembly.

 

Section 4. Association Representative Elections

 

The Executive Board will adopt a procedure for election of the ARs which includes timelines, a notification and nomination process to be shared with membership, and insures a secret ballot election.

 

 

 

 

 

 

 

 

ARTICLE VIII

COMMITTEES

 

Section 1. Purpose

 

The purpose for establishing committees is to involve the membership in the decisions and activities of the Association.  The need for certain committees will change from time to time.  Accordingly, except for the limited number of permanent standing committees, the President, with the consultation of the Executive Board and the approval by the Representative Assembly, will annually create special committees or task forces with specific charges and responsibilities.  These committees shall exist for up to two years.  However, all special committees or task forces will cease to exist at the end of a President’s term.

 

Each committee will receive goals and charges each year and will implement strategies/actions to address them.

 

Section 2. Ad-hoc Committees

 

Ad-hoc committees are committees that form on an as-needed basis, as appointed by the President.

 

Section 3. Committee Charges and Procedures

 

The Committee chairperson(s) shall:

a. Prepare a meeting agenda

b. Notify members of the meeting

c. Provide the President with minutes from the meeting

d. Provide reports to the Executive Board and Representative Assembly at the President’s request

e. Ensure implementation of that committee’s program

 

The Association President shall, with the assistance of the Executive Board:

a. Provide each permanent and special committee with the charges for the year

b. Provide suggested timelines and expectations

 

Section 4. Committee Chairs and Members

 

The President, after consultation with the Executive Board and approval by the Representative Assembly, shall:

a. Appoint the committee chairpersons and members

b. Give consideration to geographical representation, job assignment, ethnic minority representation and other factors in an effort to balance membership involvement

c. Remove the committee chairperson and/or members for just cause

 

Section 5. Committee Meetings

 

Each committee will meet as needed to complete their charges as assigned by the President and Executive Board (Article VIII, Section 3).

 

 

ARTICLE IX

 

Section 1. Meetings

 

Any member of the Association in good standing is entitled to attend any regular or special general membership meeting of the Association, and may be invited by the chairperson to attend any committee meeting.  Voting power will be restricted to the duly elected delegates, members, or appointees of the body.

 

General membership meetings of the Association will be called at the discretion of the President by a two-thirds vote of the Representative Assembly.

 

Section 2. Quorum

 

A majority of the authorized members will constitute a quorum for the transaction of business for any elected body of the Association.

 

ARTICLE X

BUDGET, FISCAL YEAR, AUDIT

 

Section 1. Budget

 

The budget for the next fiscal year will be adopted by the Representative Assembly at the beginning of each school year.  The Representative Assembly, upon the recommendation of the President and Executive Board may amend the budget to address goals/needs or a change in dues income.

 

Section 2. Fiscal Year

 

The fiscal year shall be August 1st to July 31st. 

 

Section 3. Audit

 

An external audit shall be completed for each fiscal year.  A report of the audit will be given to the Executive Board upon completion.

ARTICLE XI

MEMBER’S RIGHT TO FAIR TREATMENT

 

Each member of the Association will have the right to fair treatment in the application of the bylaws, rules, and regulations of the Association.  In matters relating to the discipline of Caesar Rodney Education Association members, the essential requirements of due process of law (notice, hearing, and judgment based upon the evidence) will be observed, without, however, requiring the technical formality followed in courts of law.

 

ARTICLE XII

INITIATING AND TERMINATING A JOB ACTION

 

A majority of the Executive Board and Representative Assembly must approve any job action recommendation before a vote may be submitted to the general membership.  A job action will be

initiated and terminated by a majority vote of the general membership.  The results of the vote will be made known to all members.

 

 

 

 

ARTICLE XIII

AMENDMENTS

 

Proposed amendments to these bylaws may be introduced at any session of the Representative Assembly after which they shall be tabled.

 

All members of the Association shall be informed of the proposed amendment(s) by the respective Association Representatives.

 

The proposed amendment(s) shall be reintroduced at the next session of the Representative Assembly.

 

A secret ballot shall be made available to all members.  Two/thirds of those members voting shall be necessary for passage.