Bylaws

HUNTSVILLE EDUCATION ASSOCIATION, INC. BYLAWS
(Adopted November 16, 1978, Amended July 21, 2022)

Article I. Officers

Section 1. Nominations – The elected offices of the Association shall be President, Vice-President, Secretary, and Treasurer. Any active member, excluding members who hold substitute status, in good standing shall be eligible to submit to the Credentials and Nominations Committee names of nominees. A nomination shall include the name of the candidate, association experience, and a written statement of acceptance of the nominee. All candidates for office shall be members in good standing of the Association. Candidates in good standing are those who have been financially active with the Association for three (3) continuous years prior to the election and they have attended at least 4 meetings whether it be Representative Assemblies or HEA Board meetings within the school year leading up to elections. Candidates may run for one Board position, per election. If the announced nomination period closes and only one candidate has been placed in nomination for a particular position, that candidate’s name needs not appear on the election ballot. He or she will be considered elected without opposition. (Amended July 21, 2022)

Section 2. Ethnic Minority Guarantee – If after four (4) years no member of the ethnic minorities has served as President, nominations for President at the next election shall be restricted to members of the ethnic minorities. (Amended July 21, 2022)

Section 3. Elections – Officers shall be elected bi-annually according to procedures recommended by the Elections Committee and approved by the Board of Directors. These procedures shall guarantee open nominations and secret ballots. Election shall be by majority vote of the general membership. If no candidate received a majority of the votes cast (50%+1) for that particular office, a run-off shall be held between the two candidates receiving the greatest number of votes. (Amended July 21, 2022)

Section 4. Term – Officers shall be installed in May and immediately take office June 1st. The officers shall serve for two years. During a seven (7) year period, no officer shall serve more than three full, elected, terms in the same position. (Amended July 21, 2022)

Section 5. Power and Duties

The President shall:

endeavor through his/her office to suggest policies and plans that will
promote the interest of the Association
prepare agendas for and preside at meetings of the Association, the
Representative Assembly, and the Board of Directors (Amended July 21, 2022)
call meetings of the Board of Directors and the Representative Assembly at
his/her discretion or as provided in the By-Laws
schedule called meetings at the request of four members of the Board.
Business to come before the called meetings must be stated in the call, which shall be sent in writing to each Board member at least three days prior to the meetings. Business shall be confined to items stated in the call. (Amended May 3, 2001)
serve as ex-officio member of all committees, with the exception of the Elections Committee
serve as delegate to national and state assemblies of delegates
be responsible for providing notifications and agendas for all regularly scheduled meetings of the Board, the Representative Assembly, and general membership meetings
sign all orders drawn on the treasury, approve expense vouchers, and be
authorized to sign Association checks (Amended November 19,1981, July 21, 2022)
work with, supervise, and negotiate contracts of local employees of the
Association (Amended May 3, 2001, July 21, 2022)
consult and collaborate with the UniServ staff (Amended July 21, 2022)
appoint a non-board member to serve as parliamentarian for the Association
during his/her term in office
be the official spokesperson and represent the association before the public
and/or shall appoint a designee to fulfill these duties (Amended April 2, 2009)
recommend election dates to the HEA Board of Directors (Amended January 22, 1981)
attend school board meetings and/or ensure that an HEA officer/board
member attends (Amended July 21, 2022)
if the UniServ staff is unavailable, collect information needed to address
member concerns/grievances (Amended May 5, 2011, July 21, 2022)
keep a mileage log (Amended May 5, 2011)
keep a log of hours of service to the Association. (Amended May 5, 2011)
appoint and monitor chairpersons and committees (Amended July 21, 2022)
serve as the point of contact for the Association (Amended July 21, 2022)
present official correspondence and statements written in
collaboration with the board (Amended May 9,1996, July 21, 2022)
give final approval of all Association communication (correspondence,
newsletters, social media, etc.,) to members and the community (Amended July 21, 2022)
responsible for overseeing the maintenance of the facility and equipment (Amended July 21, 2022)
perform such other duties and make such reports as pertain to the office of
President

Released Time President – If membership numbers allow the Association to financially support a Release Time President (with the superintendent’s approval), the Association will provide for release time for the President without any loss of financial or fringe benefits on the part of the person holding the office. When this is not financially feasible the position of President will become an after regular Huntsville City School duty hours position. The president will be compensated with a stipend for these hours from the Association. If the President is needed to represent the Association during regular duty hours, he/she will be expected to attend if additional leave has been granted for this purpose. (Amended April 15, 1982, July 21, 2022)

Additional duties for the Released Time President shall be:

To be available to members during regular HEA office hours and by requested appointment. (Amended July 21, 2022),
To attend meetings with school system officials and committees as permitted with the president’s regular school/work hours (Amended May 5, 2011),
To accompany members in grievances or other types of hearings.

The Immediate Past President shall:

be custodian of the official copy of the Constitution and By-Laws, furnishing a
copy to the President
assume the duties of the President until an election can be held, in the event the offices of the President and Vice-President become vacant during an Association year (Amended May 9,1996).
advise the Board and assist the President at the latter’s request.

The Vice-President shall:

perform, in the event of the absence or disability of the President, all the duties of the President, when so acting he/she shall exercise the powers and responsibilities of the President
complete the remainder of the President’s term in the event the President cannot. If the Vice President cannot fulfill the responsibilities, they shall resign their office. (Amended May 9,1996, July 21, 2022)
work with the President in the organizing, planning, and implementing of the internal affairs of the Association
serve as an ex-officio member of all committees, with the exception of the elections Committee
serve as delegate to national and state assemblies of delegates
perform such other duties as may be designated by the President or the Board
be responsible for planning programs for the general membership meetings (Amended January 22,1981)
be the standing chair of the Internal Audit Committee. (Amended May 2003)

The Secretary, working closely with the Office Manager, shall:

keep accurate minutes of all meetings of the Board, the Representative Assembly, and the general membership;
provide minutes of the actions taken by the Board and the Representative Assembly for publication and distribution to the Association Representatives;
ensure that official files and permanent records are maintained by meeting regularly with the office manager; and
perform such other duties as may be assigned by the President or Board of Directors.

The Treasurer, working closely with the Office Manager, shall:

be custodian of all funds belonging to the Association and shall make payments from them on orders signed by the President
ensure that accurate records of all receipts and disbursements are kept by meeting regularly with the office manager
submit a report to each regular meeting of the Representative Assembly
ensure that there is an accurate record of dues paid by each member and transmit amounts due to the state and national affiliates
ensure that an up-to-date roster of members is available for the use of Association officers and committees
submit for audit all financial records no later than the March representative assembly of the Association year and/or as otherwise requested by the Board of Directors (Amended July 21, 2022)
keep the President and Board informed of the financial condition of the Association
chair the Budget Committee (Amended January 22,1981)
serve on the Membership Committee (Amended January 22,1981)
ensure that all financial reports required by state and/or national government are filed as required by law and to ensure that all reports are filed on or before the due date (Amended July 21, 2022)
perform such other duties as may be assigned by the President or the Board
hosts bi-weekly meetings with the Office Manager to receive itemized expenditures to ensure financial accountability (Amended July 21, 2022).

Section 6. Vacancies – Should a vacancy occur in the office of President, the Vice-President shall assume the Presidency and the Board shall appoint an Interim Vice-President. Vacancies occurring in the offices of Vice-President, Secretary, and/or Treasurer shall be filled by appointment of an individual by the president and approved by the Board of Directors. These appointees shall serve until the next regular election is held. If a vacancy occurs in the office of the Immediate Past President, the most recent holder of that office who is an Active member of the Association shall succeed to it (Amended July 21, 2022).

Section 7. Recall – Whenever a majority of the Board of Directors shall agree that an officer has been grossly negligent of the duties defined in the By-Laws or is incapacitated, they shall recommend to the Representative Assembly that the office be declared vacant. If the Representative Assembly so votes by a three-fourths majority of those present and voting, the Board of Directors shall appoint a member to fill the unexpired term except in the case of the Presidency. Should a vacancy occur in the office of President, the Vice-President shall assume the Presidency and the Board shall appoint an Interim Vice-President. (Amended May 2, 1997, July 21, 2022)

Article II. Board of Directors

Section 1. Nominations:

a. Any active member in good standing shall be eligible to submit to the Credentials and Nominations Committee names of nominees. Nominators and nominees in good standing are those who have been financially active with the Association for three (3) years prior to the election and attended at least 4 meetings whether it be representative assembly or HEA Board meetings within the school year leading up to the election. Candidates may run for only one board position per election. A nomination shall include the name of the candidate, association experience, and a written statement of acceptance by the nominee. Nominations shall be submitted to the Credentials and Nominations Committee at the time of nominations of officers. (Amended January 9, 2014)
b. The Board shall determine the number of positions to be filled, based on the membership count, and utilizing a ratio of 1:100 members or major fraction thereof. This election shall occur each year at the annual election of officers.
c. In the event there is not appropriate ethnic-minority representation and representation between supervisory and non-supervisory members, and representation between certified and classified members on the Board of Directors, such representative or representatives shall be appointed by the president and approved by the Board of Directors and shall serve until the next regular election. (Amended April 2, 2009) If the announced nomination period closes and only one candidate has been placed in nomination for a particular position, that candidate’s name needs not appear on the election ballot. He or she will be considered elected without opposition.
d. If an incumbent board member has missed four (4) or more board meetings during each school year of his/her tenure that board member will be ineligible to seek re-election during the next election cycle after the term expires (Amended January 9, 2014). However, if there are extenuating circumstances eligibility is determined by the president and Board of Directors. When a Board member has missed 2 meetings, they shall receive notification that their position could be in jeopardy.

Section 2. Elections:

a. Election to the Board of Directors shall be according to procedures recommended by the Elections Committee and approved by the Board of Directors. These procedures shall guarantee open nominations and a secret ballot.
b. Election to the Board of Directors shall be by plurality vote of the membership; the candidate receiving the highest number of votes will fill the first open position; the candidate receiving the next highest number of votes will fill the next open position, and so on until all vacant positions are filled.
c. In the event that two candidates tie for a position, if there are two positions vacant the two tied candidates fill those openings. If only one position remains open, the Board of Directors must schedule a run-off election to break the tie vote and fill the single position.

Section 3. Terms:

Members of the Board shall be installed in May and immediately take office June 1st. They shall serve a term of two years. (Amended April 2, 2009, July 21, 2022)

Section 4. Meetings:

The Board of Directors shall meet at least once a month during the school year, at the call of the President, or at the request of four members of the Board. All meetings, excluding executive sessions, shall be open to Association members.

Section 5. Powers and Duties:

The Board of Directors shall:

carry out policies established by the Representative Assembly
attend all meetings of the Board of Directors to represent the interests, needs and
wishes of members (Amended January 17,1980)
be responsible for the management of the Association
suggest policies for consideration by the Representative Assembly
report its transactions and those of the Representative Assembly to the members
adopt procedures and practices necessary to carry out the work of the Association that are not major policy positions
be responsible for all public statements of Association policy
assign individual Board Members the responsibility of developing and maintaining contact with Association Representatives and/or members in specific buildings (Amended July 21, 2022)
approve the appointment of standing and special committee chairs
approve dates and places of all meetings of the Representative Assembly and the general membership
approve dates and procedures for holding elections
see that any person asked to represent the Association on an official assignment shall be reimbursed for all reasonable expenses incurred while serving the Association
authorize emergency expenditures
have power to hold funds and to employ staff under policies adopted by the Representative Assembly and within the annual budget.

Section 6. Vacancies:

An unexpired term of a member on the Board of Directors shall be filled by an individual appointed by the president and approved by the Board of Directors. These terms of office shall serve the remainder of the year until the next regular election is held. (Amended April 2, 2009, July 21, 2022)

Section 7. Recall

Whenever a majority of the Board of Directors shall agree that a Board Member has been grossly negligent of the duties defined in the By-Laws or is incapacitated, they shall recommend to the Representative Assembly that the office be declared vacant. If the Representative Assembly so votes by a three-fourths majority of those present and voting, the Board of Directors shall appoint a member to fill the unexpired term. (Amended May 2, 1997, July 21, 2022)

Article III. Representative Assembly

Section 1. Association Representatives:

The Association members in each building with six (6) or more members shall have at least two volunteer representative(s) and designate one the chairperson (Amended July 21, 2022).

Section 2. Term:

The term of office shall begin and end 5 days following the last scheduled workday for 9-month employees for the following school year. (Amended April 2, 2009)

Section 3. Meetings:

Regular Meetings – The Representative Assembly shall meet at least once a month during the school year. The President shall prepare a tentative agenda for each meeting and shall submit it to all members of the Assembly at least 3 days prior to the meeting so that representatives have time to discuss it with their members in preparation for the meeting. (Amended July 21, 2022)

Special Meetings – Special meetings of the Representative Assembly may be held at the call of the President, the request of the Board of Directors or upon petition from one-fourth of the Representative Assembly members. Business to come before special meetings must be stated in the call, which shall be sent in writing to each representative at least three days prior to the meeting. Business shall be confined to items stated in the call.

Section 4. Powers and Duties:

The Representative Assembly, as the legislative body of the Association, shall:

approve resolutions and other policy statements
adopt rules governing the conduct of the Association and conduct of meetings consistent with the Constitution and By-Laws
approve the annual budget
be the final judge of the qualifications and election of officers, representatives-at-large, and association representatives
have all powers not delegated to the Board of Directors, the officers, or other groups in the Association

Association representatives shall perform the following duties:

inform members of the Association’s activities
serve as an advocate for Association members
attend all meetings of the Representative Assembly to represent the interests, needs and wishes of their members
distribute Association materials and help conduct the necessary elections of the Association and its state and national affiliates

Section 5. Vacancies

When a vacancy occurs during a term, the President shall request members to volunteer to fill any vacancies (Amended July 21, 2022).

Article IV. Delegates

Section 1. Nomination and election as President and Vice-President of the Association shall also constitute nomination and election as delegate to the national and state assemblies of delegates.

Section 2. The election of local delegates shall be conducted with open nominations and by secret ballot, shall guarantee ethnic-minority representation at least proportionate to the ethnic-minority membership, shall provide proportionate representation between the classroom teacher members, the non-classroom teacher members and between certified and classified members. (Amended May 10, 1979)

Section 3. The alternate delegates shall be elected in such a manner that the ethnic-minority, classroom teacher-administrator, certified-classified ratios within the delegation will not be imbalanced. (Amended May 10, 1979)

Article V. Standing Committees

Section 1. Standing Committees

There shall be the following standing committees: Membership, Internal Communications, Scholarship, Social Affairs, Community Relations, Legislative Action, Professional Rights and Responsibilities, instruction and Professional Development, Minority Affairs, Professional Negotiations, Rules Review Committee, Internal Audit, and Living Wage. (Amended May 2008)

Each committee shall meet as needed to perform its assigned responsibilities. Each committee shall meet at the call of the chair, the President, or the Board. Committees shall report as necessary or as requested to the Representative Assembly or to the Board of Directors. Requests for funds may come from any committee or committee chairperson and should be offered in writing, in advance, to the HEA Board of Directors who will act to approve or disapprove such requests on the recommendation of the HEA President. All such written requests must include specific details of the need and/or planned use for the funds being requested. (Amended April 4, 1985)

Section 2. Responsibilities

The Membership Committee shall be responsible for planning the membership drive, coordinating the drive through the Association Representative in each building, and be responsible for promptly reporting memberships.

The Internal Communications Committee shall be responsible for developing and maintaining regular communications within the Association.

The Scholarship Committee shall be responsible for maintaining a scholarship program for the benefit of teachers and /or students preparing to teach. This program shall be funded by the interest earned by the Huntsville Education Association Memorial Scholarship Fund and such other monies as the Association may allocate for this purpose.

The Social Affairs Committee shall be responsible for planning and promoting functions of a social nature for members of the Association and shall be responsible for refreshments at Association meetings, as requested by the President.

The Community Relations Committee shall seek to develop public understanding of the purposes and programs of the Association and public education. This committee shall develop means of effectively working with parents, civic and fraternal organizations and other public organizations.

The Legislative Action Committee shall keep abreast of local, state, and national legislation and other actions affecting the interest of education and the Association. This committee shall promote activities leading to the enactment of governmental programs beneficial to public education and the Association and shall keep the members informed of such activities and programs. This committee shall be responsible for expressing the concerns of the membership to elected officials.

The Instruction and Professional Development Committee shall be responsible for planning and implementing professional growth activities.

The Minority Affairs Committee shall be responsible for monitoring concerns and making recommendations on behalf of minority members. (Amended November 19, 1981)

The Rules Review Committee shall be responsible for reviewing the governance documents of the Association (Constitution, By-Laws, and Policies) and proposing amendments to those documents as needed throughout the year. (Amended November 7, 1985)

The Internal Audit Committee shall conduct quarterly audits of bookkeeping procedures. The committee shall be co-chaired by the HEA Vice-President and Treasurer. The minimum audit shall consist of a quarterly review of receipts and checks written during three consecutive months beginning with the fiscal year. The committee shall then determine the need for a more extensive audit. (Amended May 2003, July 21, 2022)

Section 3. Chairpersons

Committee chairs shall be appointed by the President with the approval of the Board. Chairpersons shall be ex-officio non-voting members of the Representative Assembly unless elected as Association Representatives. (Amended April 16, 1981)

Section 4. Program Council

The President, Vice-President, and chairs of standing committees shall constitute a Program Council. This council shall meet in the Spring for planning and at such other times during the year as necessary for coordination and implementation of the Association program, i.e. current educational issues, testing, funding, raises, etc.

Section 5. Members

Committee members shall be selected by the President and/or chairpersons with consideration given to all Association members who have expressed an interest in a specific committee and with regard to equitable representation as stated in Article X of the By-Laws. (Amended May 2, 2013)

Article VI. Special and Ad Hoc Committees

The President may appoint special and ad hoc committees as may be necessary. These committees may include, but are not limited to, the following committees: Elections, Credentials and Nominations, Professional Rights & Responsibilities, Budget, and Facilities. No officer of the Association or candidate for an election shall serve on the Elections Committee and the Credentials and Nominations Committee. The Budget Committee shall be chaired by the Treasurer, and the President and Vice-President shall be members. At the February meetings, the Board shall select one additional Board member and the Representative Assembly shall select two members who are not on the Board. Immediately upon certification of election by the Elections Committee, the Treasurer-elect shall become a member of the Budget Committee and he/she shall be responsible for presenting the proposed budget to the Representative Assembly (Amended January 22, 1981). The Budget Committee shall prepare a budget to be considered for adoption at the last regular meeting of the Representative Assembly after having been submitted at the March meeting (Amended July 21, 2022).

Article IX. Dues and Budget

Section 1. Association Year – The membership and fiscal year of the Association shall be from September 1 through August 31.

Section 2. Local Dues – Dues will be based on employment status with the school system as certified, classified, or administrative. Classified members with a base salary at or above the average annual teacher salary in the system for the current school year will pay dues equal to that of a certified member. Dues will be adjusted as needed when developing the budget (Amended July 21, 2022).

Section 3. Part-Time Dues – The local annual dues for part-time employees shall be half of the local dues amount (Added May 3, 2007).

Section 4. State and National Dues – The annual dues which shall be paid by each member of the Association to the state and national affiliates shall be set forth in their respective constitutions and by-laws.

Section 5. New Employee’s Dues – Membership begins the day a member enrolls. Collection of dues will begin the following month.

Section 6. Substitute Dues – The annual amount of substitute dues shall be determined by the State Association (Amended July 21, 2022).

Article VIII. Equitable Representation

The Board of Directors shall ensure equitable representation within the Association of ethnic-minorities and of non-classroom teacher members and classified members. Equitable representation shall include participation on committees, in leadership positions, and at local, district, state, and national meetings.

Article IX. Order of Business

The following shall be included in all regular meetings of the Representative Assembly unless changed for a particular meeting: (Amended July 21, 2022)

Call to Order New Business

Approval of Minutes Committee Reports

President’s Report Members Concerns

Vice President Report UniServ Director’s Report

Treasurer’s Report Announcement

Unfinished Business Adjournment

Article X. Quorum

Section 1. A quorum for meetings of the Board of Directors shall be a majority of the membership (50% + 1).

Section 2. A quorum for the Representative Assembly shall consist of the members present provided that notification has been given at least three (3) working days prior to the date of the meeting. (Amended May 9, 1996)

Article XI. Parliamentary Procedure

Robert’s Rule of Order, Newly Revised, shall be the authority in meetings of the Association, Board of Directors, and Representative Assembly (except when superseded) by local, state, or national association by-laws, constitution, and policy).

Article XII. Amendments

These By-Laws may be amended by majority vote at any regular meeting of the Representative Assembly provided that the proposed amendments have been read at the previous Representative Assembly meeting and made available to all members at least ten (10) working days prior to the meeting. (Amended January 27, 1983, Amended July 21, 2022)