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Constitution and Bylaws

Bozeman Education Association

(revision adopted February 2018)

 

ARTICLE I:    BOZEMAN EDUCATION ASSOCIATION

    Section 1:    Name

    The name of this organization, an affiliate of MFPE and its national affiliates, shall be the Bozeman Education Association.

 

    Section 2:    Purpose

        The purpose of the BEA is to    

    a.    represent members in employer relations.

    b.    promote and protect the interests and welfare of members.

    c.    promote professional attitudes and ethical conduct among members.

    d.    encourage members to exercise their rights and privileges as citizens and to provide leadership in civic affairs.

    e.    hold property and funds for the attainment of Association purposes.

 

    Section 3:    Governance

        The Association shall be governed by this Constitution and by such other actions as may be taken by its Executive Board and/or membership consistent herewith.

 

ARTICLE II:  MEMBERSHIP

    Section 1:    Membership

        Active membership in the Association shall be available to all employees who are members of the bargaining unit.

 

    Section 2:    Rights of Membership

        The Association shall not deny membership to any member of the bargaining unit.

 

    Section 3:    Membership Year and Membership Maintenance

        a.    The membership year shall be September 1 through August 31.

        b.    Membership shall continue from year to year unless the member leaves the employ of the employer or cancels membership during the period established for membership cancellation by MFPE.

 

    Section 4:    Obligations of Members

    a.    Active members shall support the purposes and objectives of the Association.

    b.    Members must hold active membership in MFPE and its national affiliates.

 

ARTICLE III:  OFFICERS

    Section 1:    Officers

        The Officers of the Association shall consist of a president, vice president, secretary, and treasurer.

 

    Section 2:    Term of Office

        a.    The term of office for Officers shall be two (2) years.

        b.    If a vacancy occurs in the office of President, the Vice President shall assume the duties of President. A vacancy occurring in any other office shall be filled by appointment of the President until an election can be conducted.

 

    Section 3:    Nominations and Elections

        a.    Any active member shall have the right to make nominations or to be nominated for office.

        b.    A Nominating Committee shall be selected by the President, and the President shall choose one of its members to act as chairperson.

        c.    Before April 15, the Nominating Committee shall present to the members a slate of candidates for the following offices: president, vice president, secretary, and treasurer.

        d.    Elections shall be by paper or electronic secret ballot and require a majority of votes cast.

        e.    In the event of a vacancy in any office other than the presidency, an election to fill that office shall be by paper or electronic secret ballot.

        f.    The terms of office for these Officers shall begin June 1 following an election, unless otherwise prescribed by this Constitution.

 

    Section 4: Campaigning and Election Policies and Procedures

    a.    The Nominating Committee shall announce the time frame for nominating candidates and shall call for nominations.

    b.    Nominees shall not begin formal campaigning for election until the Election Committee has announced the names of the official candidates.

    c.   Candidates will receive a list of BEA members and building locations, and candidates may access building mailboxes and building BEA-approved bulletin boards to distribute campaign materials. Candidates may not access district email or printers.

    d.    At the spring general membership meeting, candidates may give speeches and may participate in a question-and-answer forum. In order to maintain the confidentiality and privacy of the Association and its members, recording of campaign speeches and the question-and-answer forum is not allowed.         

    e.    At the conclusion of the voting window, election results will be verified by a neutral party selected by the Election Committee.

 

    Section 5:    Ethnic Minority Representation

        The Association shall make reasonable efforts to encourage the nomination and election of ethnic minority members.

 

ARTICLE IV:    OFFICERS’ DUTIES

    Section 1:    The President shall

        a.    serve a two-year term.

        b.    have the power and duty to perform all acts generally associated with the nature of the office that are not inconsistent with the Constitution and its bylaws.

        c.    be the chief executive officer and spokesperson for the Association with the power and duty to enforce the Constitution and and its bylaws.

        d.    represent the Association before the public either personally or through appointed delegates.

        e.    serve as an ex-officio member on all committees, boards, and delegations of the Association except the Nominating Committee.

        f.    participate in regularly scheduled meetings with the superintendent, deputy superintendents, director of human resources, and curriculum director.

        g.    serve as a member of the Negotiation Team.

        h.    preside at all meetings of the general membership, Executive Board, and Representative Council.

        i.    participate in regularly scheduled meetings with the other members of the Executive Board.

        j.    serve as a delegate to the MFPE Representative Assembly and/or the NEA Representative Assembly and/or the AFT Convention.

        k.    appoint and remove all standing committees and the chairperson for each.

        l.    prepare and keep on file a correct list of names, school and home addresses, and telephone numbers of all members of the Association, including pertinent Association information.

        m.    serve as one of two signatories for checks.

 

    In addition to the 187-day teacher calendar, the President’s work year will extend beyond the 187 days when applicable and necessary to maintain the operation of the Association. The President shall be reimbursed at the daily rate.  

 

    Section 2:    The Vice President shall

        a.    serve a two-year term.

        b.    have all the powers and duties of the President in the President's absence, shall succeed to the Presidency pursuant to the Constitution, and shall otherwise have such powers and duties as may be assigned by the President.

        c.    participate in regularly scheduled meetings with the other members of the Executive Board.  

 

    Section 3:    The Secretary shall

        a.    serve a two-year term.

        b.    exercise such powers and duties as may be assigned by the President.

        c.    communicate with membership regarding Association business.

        d.    assist the President in maintaining membership and Association records and shall maintain the BEA listserv.

        e.    keep accurate minutes of each meeting of the general membership, Executive Board, and Representative Council, and shall distribute the same to the membership as soon as practicable after each meeting or action.  

        f.    participate in regularly scheduled meetings with the other members of the Executive Board.  

 

    Section 4:    The Treasurer shall

        a.    serve a two-year term.

        b.    exercise such powers and duties as may be assigned by the President.

        c.    provide for an audit by an independent party of the Association's financial records following each election and prior to June 15.

        d.    prepare and arrange for an annual filing of Association taxes by a qualified bookkeeper or CPA.

        e.    keep accurate financial records, including records of all receipts and disbursements.

        f.    hold all organization funds in such account or accounts as shall be designated by the Executive Board.

        g.    serve as one of two signatories for checks.

        h.    reimburse members for their reasonable expenditures on behalf of the Association and exercise such powers and duties as may be assigned by the President. (All disbursements of the Association greater than $500 shall require the signature of the President and the Treasurer.  Disbursements of $500 or less may be made with the signature of the President or the Treasurer.)

        i.    be bonded.

        j.    participate in regularly scheduled meetings with the other members of the Executive Board.  

 

ARTICLE V:    EXECUTIVE BOARD

    Section 1:    Membership

        At a minimum, the Officers of the Association—the President, Vice President, Secretary, and Treasurer—shall constitute the Executive Board. The President may appoint other representatives to serve on the Executive Board.

 

    Section 2:    Presiding Office

        a.    The President shall preside at all meetings of the Executive Board.

        b.    The Board shall convene monthly.

        c.    The Board may be called into session by the President or any two members of the Board.

        d.    The Board functions as the executive authority of the Association with the authority to establish Association policies.

 

    Section 3:    Power and Duties

        The board shall

        a.    adopt a mission statement and outline policies and objectives.

        b.    adopt an annual budget, approve expenditures and stipend amounts, and establish dues to support the budget by April 15.

        c.    confirm committees and committee members as recommended by the President.

        d.    oversee financial reviews and fiduciary responsibilities of the Association.

        e.    direct and supervise the Negotiations Team.

        f.    schedule general meetings of the membership as may be necessary to

            i.    disseminate and solicit information,

            ii.    allow for campaign speeches by officer candidates,

            iii.    amend the Constitution,

            iv.    review Association policies and programs,

            v.    discuss collective bargaining issues, and

            vi.    perform other such business as may be necessary to protect and promote the interests of the Association.

 

ARTICLE VI:    COMMITTEES

    The President, with the concurrence of Executive Board, shall provide committees with their specific responsibilities and duration.

 

ARTICLE VII:    STATE AND NATIONAL DELEGATES

    All Association delegates to state and national governance bodies shall be elected in conformance with the requirements of the respective affiliate.

 

ARTICLE VIII:    AUTHORITY

    State and National Affiliation

        a.    The Association shall comply with all affiliation requirements of MFPE and its national affiliates.

        b.    Should any provision in this Constitution conflict with the official documents of either the state or national affiliate, said provision shall be declared null and void.

 

ARTICLE IX:    BUILDING REPRESENTATIVES

    Duties

a.    Building Representatives shall attend all Representative Council meetings.  If unable to attend, it shall be each Representative’s responsibility to provide a substitute.

b.    It is the responsibility of each Building Representative to see that building members are well informed and represented in all matters of Association business.

c.    Building Representatives shall advocate for and represent collective interests and needs.

d.    Building Representatives shall mentor and teach peers about the importance of the union
and what it stands for at the local, state, and national levels.

e.    Building Representatives shall serve as liaisons between members and Association Officers and/or Executive Board.  

f.    Building Representative shall attend scheduled general membership meetings.

g.    The Council shall carry out all other duties prescribed by the Association’s Constitution and its bylaws.

 

ARTICLE X:    AMENDMENTS

    Adoption and Presentation

        a.    Amendments to this Constitution and its bylaws shall be adopted by a two-thirds majority vote.

        b.    All proposed constitutional amendments must be presented to the membership not less than thirty days prior to the vote.

 

ARTICLE XI:    AUTHORITY

    Robert's Rules of Order, Newly Revised shall be the authority governing all matters of procedure not otherwise provided for in the Constitution and bylaws of the Bozeman Education Association.

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