TVEA Bylaws
Wednesday, March 04 2009

Revised September 22, 2008

TEMECULA VALLEY EDUCATORS ASSOCIATION

BYLAWS

I. NAME AND LOCATION

The name of this Association shall be the Temecula Valley Educators Association (TVEA) in Riverside County, California.

II. PURPOSES

The primary purposes of this Association shall be:

A. To represent its members in their relations with their employers and 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 a group opinion on professional matters to speak with authority for members;

C. To provide an opportunity for continuous study and action on problems of the profession;

D. To raise the standards for education support professionals;

E. To provide a means of representation for its ethnic-minority members;

F. To promote professional attitudes and ethical conduct among members;

G. To encourage cooperation and communication between the profession and the community; and

H. To foster good fellowship among members.

III. AFFILIATION WITH THE CTA/NEA

A. The Temecula Valley Educators Association (TVEA) shall be a chartered chapter of the California Teachers Association (CTA).

B. The Temecula Valley Educators Association (TVEA) shall be an affiliated local association of the National Education Association (NEA).

IV. MEMBERSHIP

A. There shall be categories of membership in the Association: Active and Associate.

B. Membership shall be open to any certificated person who is engaged in or who is on limited leave of absence from professional education work, is an employee of the Temecula Valley Unified School District or retired from said 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 association bargaining unit.

C. Membership may be granted upon initiation of payroll deduction or upon payment of annual TVEA/CTA/NEA dues.

D. Active members shall be eligible to vote in all elections, hold elective office or appointive position, receive special service, 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.

E. Active members shall adhere to The Code of Ethics of the Education Profession. (CTA Bylaws Article III, 5).

F. The rights and privileges of membership shall not be abridged in any way because of age, gender, race, ethnic group,
marital status, national origin, or sexual orientation.

G. No member of the Association may be disciplined without a due process hearing, which shall include the established
appellate procedure.

H. 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.

I. Unless otherwise expressly provided by law, persons who tender agency fees shall have no rights or privileges within
this Association.

V. DUES, FEES AND ASSESSMENTS

A. The basic annual dues level for Active members, and representation fee for non-members represented in the bargaining unit, shall be sufficient to cover the operating expenses of the Association, dues of CTA, and the dues of NEA.

B. The Association’s portion of the basic annual dues shall be established by action of the Leadership Council’s first regular meeting of the school year.

C. Local dues shall be a percentage equal to the percentage contracted.

D. Membership shall be continuous after initial enrollment until delinquent

or until a change in professional status shall make the member ineligible for membership. If by October 31 of any calendar year a member has not either paid the established annual membership dues for the current 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 the Leadership Council. The Leadership Council, comprised of Site Leaders and Leaders At-Large, derives its powers from and shall be responsible to the membership.

B. The Leadership Council shall be composed of the following active members:

1. Executive Board, non-voting
2. Site Leaders elected on the basis of one-person one-vote
3. Leaders At-Large at the Association’s discretion to include, but not limited to:

 

a. Elected Service Center Council Representatives when not already serving on the Leadership Council in another capacity, non-voting;

b. Committee Chairpersons, non-voting;

c. CTA State Council Representatives when not already serving on the Leadership Council in another capacity, non-voting; and

d. NEA Delegates when not already serving on the Leadership Council in another capacity, non-voting.

C. The Leadership 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 of or discontinuance of committees; and

4. Establish the dues of the Association.

D. The Leadership Council shall meet at least once during each school month; the number, place, and time of meetings
to be decided by the Executive Board.

E. A quorum for all meetings of the Leadership Council shall consist of a majority of all voting members of the Council. There shall be no voting by proxy.

F. The Executive Board shall meet prior to the Leadership Council at least once a month to plan for the Leadership Council Meeting.

G. The budget of the Association shall be adopted by the membership on or before the first regular meeting of the school year.

H. Special meetings of the Leadership Council or Executive Board may be called by the President, the Executive Board, or by petition containing signatures of twenty percent (20%) of the membership.

I. Special meetings of the Leadership Council or Executive Board shall be called for a specific purpose and no business other than that for which the meeting is called may be transacted.

J. Notices and agendas for all meetings of the Leadership Council and/or Executive Board shall be sent to all members of the Leadership Council, Executive Board, and made available for posting at least two (2) days prior to the date of the meeting.

K. For emergency meetings of the Leadership Council or the Executive Board during crisis situations, the Board shall adopt procedures to notify members of meeting dates, places, and times.

VII. SITE LEADERS

A. Site Leaders shall be elected by and from the membership at each school site. Such elections shall be by open nominations and by secret ballot.

B. The term of a Site Leader shall be one (1) year.

C. Each school site shall be entitled to at least one (1) Leader and shall have one Leader for each (20) certificated staff members.

1. Active Members who are not represented through an individual school faculty group shall be counted as a special faculty group entitled the same representation on the Leadership Council as individual school groups.

2. Elected Service Center Council Representatives shall sit on the Leadership Council as non-voting members;

3. Elected State Council Representatives and/or NEA Delegates shall sit on the Leadership Council as non-voting members.

D. Site Leaders shall:

1. Conduct constant and ongoing liaison between the Executive Board and members of the school site;

2. Serve as the official channel through which written communications and publications can be easily and quickly transmitted between the Association and its members;

3. Represent the views and input of the membership of the school site in votes taken in the Leadership Council and conduct frequent and regular polls of such membership for this purpose; and

4. Perform such additional duties as prescribed by the Executive Board.

E. Vacancies may be filled by properly elected or appointed replacements.

F. A Site Leader shall not conduct an election in which he/she is a candidate.

VIII. AREA REPRESENTATIVES

A. Area Representatives shall be elected At-Large by and from the membership within each designated area.

B. Area Representatives shall:

1. Serve on the Executive Board as voting members;

2. Serve on the Leadership Council as non-voting members; and

3. Be responsible for coordinating grievance processing at each appropriate elected level.

C. At-Large members of the Executive Board shall be elected with open nominations and by secret ballot.

D. At-Large members of the Executive Board shall be elected for a term of two (2) years commencing on July 1 of any calendar year.

IX. EXECUTIVE BOARD

A. The Executive Board shall be composed of the officers and five (5) Area Representatives elected At-Large to represent the needs of: primary elementary, upper elementary, middle school, high school, and special needs. (Elections must comply with the one-person one-vote rule).

B. All members of the Executive Board shall be and remain currently paid-up TVEA/CTA/NEA members as a condition for nomination and service in this position.

C. Vacancies in the position of At-Large members of the Executive Board shall be deemed to exist in the case of death, resignation, or inability to serve in this position. In the event a vacancy occurs, a special election may be held to elect successors or an interim officer may be appointed by the President until the next election cycle with the approval of the Leadership Council.

D. The Executive Board shall meet before each regular meeting of the Leadership 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.

E. The Executive Board shall be composed of the following voting members:

1. Elected Officers: President, First Vice-President, Second Vice President, Secretary, and Treasurer; and

2. Area Representatives: Elementary (2), Middle School (1), High School (1), and Special Interest (1).

F. The Executive Board shall also be composed of the following non-voting members:

1. Standing Committee Chairs; and

2. Bargaining Chair

G. Duties and Responsibilities of the Executive Board:

1. Coordinate the activities of the Association;

2. Act for the Leadership Council when school is not in session;

3. Direct the bargaining activities and grievance processing of the Association, subject to policies set by the Leadership Council;

4. Approve appointment and removal of bargaining team members by a two-thirds majority vote;

5. Recommend a budget for the Association to the Leadership Council;

6. Approve Committee appointments;

7. Adopt the Grievance Procedure;

8. Direct the grievance activities of the Association;

9. Adopt the Standing Rules for the Association; and

10. Exercise all the business and organizational powers and duties for the Association as prescribed by law and these bylaws, subject to any restrictions imposed by the Leadership Council.

H. A quorum for all meetings of the Executive Board shall consist of a majority of the voting members of the Board.

X. OFFICERS

A. Officers of the Association shall be a President, First Vice-President, Second Vice President, Secretary, and Treasurer.

B. Officers shall be and remain currently paid-up members of the TVEA/CTA/NEA as a condition for nomination to and service in their respective positions during their term of office.

C. Officers shall be elected by and from the membership of the Association.

D. Elections shall be by open nominations and by secret ballot according to the adopted Election Procedures.

E. Officers shall be elected for a term of two (2) years, commencing on July 1 of any calendar year.

F. 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. In the event a vacancy occurs 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 may be held to elect successors or the President may appoint an interim officer until the next election cycle with the approval of the Leadership Council.

G. The Leadership Council, by two-thirds (2/3) majority, may remove a member from the Executive Board.

H. The President shall:

1. Be the chief executive officer of the Association and its policy leader;

2. Preside at meetings of the Association, the Leadership Council, and the Executive Board;

3. Prepare the agenda for the meetings of the Association;

4. Be the official spokesperson for the Association;

5. Be familiar with the governance documents of the Association, the CTA, and the NEA;

6. Appoint all Chairpersons, members of committees, and the Bargaining Team with the approval of the Executive Board and confirmed by the Leadership Council;

7. Call meetings of the Association, the Leadership Council, and the Executive Board;

8. Propose the procedures for grievance processing for ratification by the Executive Board and the Representative Council;

9. Suggest policies, plans, and activities for the Association, and be held responsible for the progress and work of the Association;

10. Attend meetings of the Service Center Council of which the Association is a part; and

11. Attend other CTA/NEA meetings as directed by the Executive Board and the Leadership Council.

I. The First 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 information and distribution of the Association’s calendar of activities; and

4. Serve as coordinator of committee activities at the direction of the President.

J. The Second Vice President shall:

1. Serve as assistant to the President and First Vice President in all duties of the President;

2. Be responsible for the information and distribution of the Association’s calendar of activities; and

3. Serve as coordinator of committee activities at the direction of the President.

K. The Secretary shall:

1. Keep careful and accurate records of the proceedings of each meeting, regular or special, of the Association, the Leadership Council, and the Executive Board;

2. Be responsible for distribution of all notices, agendas, and minutes of meetings to members of the Leadership Council, the Executive Board, and to the membership when appropriate;

3. Keep an accurate roster of the membership of the Association and of all committees;

4. Carry on the correspondence pertaining to the affairs of the Association as directed by the President, and

5. Prepare ballots for all elections.

L. The Treasurer shall:

1. Receive all funds belonging to the Association and shall 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 Leadership Council and the Executive Board.

4. Be responsible for an annual audit of the books of the Association and distribute a summary of this audit to the Leadership Council and the Executive Board; and

5. Submit membership and financial reports to CTA, NEA, and other agencies as required by law.

XI. BARGAINING TEAM

A. The bargaining team and Bargaining Chairperson shall be appointed by the President, approved by the Executive Board, and confirmed by the Leadership Council.

B. The Bargaining Team shall be composed of six (6) members. At least one (1) person from each of the three (3) instructional levels: elementary, middle, and high school will be appointed to the bargaining team.

C. Vacancies created by resignation or inability to serve shall be filled by appointment by the President, approved by the Executive Board, and confirmed by the Leadership Council.

D. The Executive Board, by a two-thirds (2/3) majority, may remove a member of the Bargaining Team and appoint a replacement.

E. The duties of the Bargaining Team are to represent and to bargain for the membership.

F. Responsibility and authority for directing the bargaining process of the Association are vested in the Executive Board subject to policies established by the membership.

G. Member input shall be used to determine the contents of the proposed contract demands.

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 to the general membership.

J. The Bargaining Team is empowered to reach tentative agreements with the district subject to ratification by the Active Membership.

K. 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.

L. 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 Active members in that unit.

XII. GRIEVANCE PROCESSING

A. The Executive Board shall adopt 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 in processing grievances;

2. Training for handling grievances; and

3. Evaluation of the Association’s grievance policies and procedures.

C. The grievance committee shall be appointed by the President, approved by the Executive Board, and confirmed by the Leadership Council.

D. The duties of the grievance committee are to maintain the contract, process grievances, and follow the directions of the Executive Board.

XIII. COMMITTEES

A. Committees, except as otherwise provided in these bylaws, may be established and discontinued by the Executive Board, subject to the approval by the Leadership Council.

B. Each committee shall submit periodic reports to the Executive Board and Leadership Council.

XIV. 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 available to all members of the Association at least two (2) days prior to the meeting, except during crisis.

C. For emergency meetings, the Executive Board shall adopt procedures to notify the Association membership of meeting dates, places, and times.

D. A quorum for meeting of the Association shall be a simple majority of the active membership, registered 30 days prior to the meeting date.

XV. PARLIAMENTARY AUTHORITY

Robert’s Rules of Order, Newly Revised, latest edition shall be followed at all meetings of the Association, and the Executive Board. Exception to these rules: non-voting members of the Executive Board, Committee Chairs, and State Council Representatives may actively participate in discussion, motions, and other points of order afforded voting members.XVI. AMENDMENTS

These Bylaws may be amended by a two-thirds (2/3) vote by the Site Leaders

at any regular meeting or special meeting of the Leadership Council provided notice in writing of a proposed Bylaws amendment shall have been submitted to the Secretary and made available to all members of the Leadership Council at the meeting preceding the one at which the vote is scheduled.

XVII. CONTRACT RATIFICATION

A. Ratification of a new contract will be by a majority of the unit members who cast a valid ballot. Active TVEA Retiree members shall not have a vote.

B. Unit members will not be allowed to vote by proxy.

C. A minimum of thirty-six (36) hours will fall between the time the written contract is presented and the time it is voted upon.

XVIII. STANDING RULES

A. Nominations and Elections (Refer to Exhibit A).

B. Executive Board Meeting Calendar (Refer to Exhibit B).

C. Leadership Council Meeting Calendar (Refer to Exhibit C).

D. Stipend Amounts (Refer to Exhibit D).

E. Responsibility contract for Site Leaders (Refer to Exhibit E).

F. Dues rates:

1. TVEA (Refer to Exhibit F).

2. CTA/NEA (Refer to Exhibit G)

Standing Rules

Exhibit A

I. NOMINATIONS AND ELECTIONS

Election Committee Duties

A. The duties of the Elections Committee shall be to:

1. Ensure that all TVEA/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; and

6. Handle initial challenges.

Elections Committee

A. There shall be an appointed Elections Committee.

B. The Elections Committee and Chairperson shall be appointed by the president and approved by the Leadership Council to which it is responsible at the beginning of each school year.

C. The Committee shall be composed of at least three members who are not on the Executive Board, who are familiar with the unit operations, and who are not seeking election.

D. The Elections Committee is charged with ensuring that elections are conducted in a fair and impartial manner.

E. Any Association member who is either a candidate on the ballot or whose immediate family member is a candidate shall abstain from all election committee activities on that particular ballot.

Elections Requirements

A. Elections shall be conducted with:

1. Open nomination procedure;

2. Secret ballot;

3. All Active member vote;

4. Record of voters receiving or casting ballots; and

5. Majority vote, unless otherwise specified.

B. There shall be at least a fifteen (15) day period between notice of election and the actual voting.

C. A chapter shall provide means for all Active 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.

D. An Active member shall acknowledge receipt of a ballot by printed name and signature on a registration sheet at the time of issuance of the ballot or on an envelope when returning the voted ballot.

Announcement

A. The announcement of election shall include the offices, length of terms, and the election timeline.

B. The announcement shall be publicized in a manner that ensures every member has an opportunity to file a declaration of candidacy.

Timeline

A. Schools/Work sites on alternative calendars shall be considered when setting election timelines.

B. The timeline for the election shall include dates for:

1. Announcement of vacancy(ies) and term(s) of office using a method that will ensure each member is aware of the opportunity to file a declaration of candidacy;

2. At least fifteen (15) calendar days between the announcement date of the vacancy(ies) and the date of the election;

3. Place, time and date of receipt (date received, not post-marked date) for declaration of candidacy forms;

4. Final date to acknowledge candidates' declaration of candidacy;

5. Date for preparation of ballots;

6. Date on which ballots will be distributed;

7. Date by which to request a ballot;

8. Date(s) when voting will take place;

9. Deadline date (date received, not post-marked date), time and place for return of ballots;

10. Date, time and place where ballots will be counted, which should be immediately following the deadline for receipt of voted ballots;

11. Date that announcement of results will be made to leadership, candidates, members, and posted at each work site, which date shall be not later than five (5) calendar days following the counting of ballots;

12. Dates and timelines for run-off election, if necessary; and,

13. Deadline for filing of challenges (date received, not post-marked date).

Finances and Use of Unit Resources

A. Chapter monies received through dues, assessment or similar levy shall not be used to promote any candidate.

B. 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.

C. A unit may not state or indicate its preference for a candidate in the unit’s publications.

D. The official logo of the unit or official Association title may not be used in a way that suggests that the candidate has the support of the unit, CTA, or any of its affiliates.

Candidate’s Rights

A. Privileges extended to one candidate shall be extended to all candidates.

B. Each candidate shall receive a copy of the election timeline, procedures and guidelines.

C. Each candidate shall have the right to a list of the name and address of work sites and the number of Active members at each site for the purposes of campaigning.

Ballot

A. The names of the candidates shall be printed on the ballot in CTA alphabetical order. 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.

In the event that the last name of more than one candidate begins with the same letter or more than one candidate has the same last name, the CTA alphabetical order shall continue to be applied throughout the name including the first name.

B. The ballot shall state the name of the office/position, the term, and the names of the candidates.

C. The ballot shall include space for a write-in candidate, except in run-off elections.

(Each method of voting must be included in your standing rules in order for your Bylaws/Standing Rules to be in compliance with CTA)Distribution of Ballots and Method of Voting

Voting in Person

A. Voting shall be by one or a combination of the following methods:

1. At School or Specified Voting Site

2. Each member running the election on their campus will receive;

a. a voter roster (list of Active Members on their site)

b. a registration from form members to print and sign their name before receiving a ballot.

c. A sealed ballot box.

C. If a Site Representative is a candidate they shall abstain from running elections related activities on their campus.

D. Each Active member shall receive a ballot.

E. The member shall place their marked ballot into the ballot box.

F. Site representatives must return the registration form and ballot box to the Elections Committee by the designated date and time.

G. Active members who are on a dues paying leave shall be notified by mail in order to provide them an opportunity and right to vote.

Voting in Person using Envelopes

A. Voting shall be by one or a combination of the following methods:

1. At School or Specified Voting Site

B. Each member running the election on their campus will receive;

1. a voter roster (list of Active Members on their site)

2. a registration from form members to print and sign their name before receiving a ballot.

3. A sealed ballot box.

4. Large and Small envelopes

C. If a Site Representative is a candidate they shall abstain from running elections related activities on their campus.

D. Each Active member shall receive:

1. A ballot

2. Instructions on folding the ballot in the inner envelope; placement of the ballot in the unsigned inner envelope; signature on the outer envelope; 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

4. A larger envelope (outer envelope) addressed to the chapter, on which the voter prints and signs his/her name.

E. The member shall place their envelope into the ballot box.

F. Site representatives must return the registration form and ballot box to the Elections Committee by the designated date and time.

G. Active members who are on a dues paying leave shall be notified by mail in order to provide them an opportunity and right to vote.

H. At the time of counting 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.

I. The outer envelope shall then be opened and put in a separate stack for safekeeping as a record of voters. The inner envelopes shall be placed in a separate receptacle.

J. The inner envelopes shall be slit and the ballots removed from the envelopes, stacked and then counted.

Voting by mail

A. When the voting is conducted by mail, the procedure shall be as follows:

1. Active members who are on a dues paying leave shall be notified by mail in order to provide them an opportunity 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 Active members shall be prepared, which includes the following: name, school/work 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.

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 eligible voting members.

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.

Vote Requirement

All vote requirements shall be established in accordance with CTA guidelines. Unless otherwise specified, all elections shall be decided by majority vote. Write-in votes are valid and must be counted.

A. A majority vote means more than half of the legal votes cast.

B. A plurality vote means the largest number of votes to be given any candidate or issue.

C. A two-thirds (2/3) vote means at least two thirds (2/3) of the legal votes cast,

D. For unit officers, the election will be by majority.

E. For State Council: [See the Election Timelines, Procedures, and Guidelines in section IV-9.2 of the CTA Elections Manual.]

F. If a unit is a single electoral district or a multiple unit electoral district, the election for State Council Representative will be by majority vote.

G. If the unit is within a multiple unit electoral district, results must be sent to the Service Center Council Elections Committee to determine if a candidate has received a majority vote. (It is important that the chapter understands that this election is conducted by the Service Center.)

H. If a candidate does not receive a majority vote, a run-off election shall be conducted among the candidates receiving the highest number of votes. The names on the ballot will be one (1) more than the number of vacancies to be filled. When there are only two candidates for an office, the candidate receiving the higher number of legal votes cast shall be declared elected. There shall be no provisions for write-in candidates in run-off elections.

I. For NEA Local Delegates, the election will be by majority or plurality vote, as defined in the unit's governance documents. Results must be sent to the CTA Governance Department and to the Service Center Council.

J. An election for NEA Delegates may be waived and the candidate(s) declared elected if, following a period of open nominations, the number of candidates is equal to or less than the number of delegate positions to be filled. An affiliate utilizing this provision must have adopted a governing provision or election policy allowing such a practice. This election practice will not generate successor delegates unless the nomination process requires candidates for both regular and successor delegate positions.

K. For NEA State Delegates, the election will be by majority or plurality vote as defined in the unit's governance documents. Successor delegates (alternates) are ranked in the order of votes received. Results must be sent to the Service Center Council, which will forward the results to CTA.

L. For additional CTA/NEA election guidelines refer to the official CTA Elections Manual.

Counting of Ballots

A. Each candidate may designate one observer, who may be the candidate, to observe the vote counting process. The observer shall not interfere with the work of the Elections Committee and must remain in the room where the vote count is taking place.

B. The Elections Committee shall count the ballots, which should be immediately following the deadline for receipt of voted ballots.

C. Blank and/or illegal ballots for each office/position shall be set aside. Examples include the following:

1. More ballots than signatures;

2. Ballot(s) submitted after deadline;

3. Member not listed on the voter roster;

4. Voter's intent unclear;

5. Votes cast for more than number allowed;

6. Votes cast on unofficial ballot (probably reproduced); and,

7. Voting envelopes without a signature.

D. The Elections Committee should categorize each illegal ballot, make a determination on whether the vote(s) in that category should be counted separately, and make a note of the decision. The ballots should remain separate.

E. If the illegal vote(s) would affect the outcome, the chairperson of the Elections Committee should report this to the unit president so that the appropriate governance body can decide how the ballots should be recorded.

F. The Elections Committee will prepare the Teller's Report, recording information on the total number of votes cast, the number needed to win/pass, the number of votes received by each candidate/issue and the number of blank and illegal ballots for each office/position with an explanation of illegality, and signed by each Elections Committee member. A listing of school(s) whose ballots were set aside and not counted shall be included with an explanation of illegality.

G. The Chairperson of the Elections Committee will deliver the report of the election results to the president and interested parties. The election results shall be posted at each work site as soon as possible following the election.

H. The ballots and voter sign-up sheets should be retained by the unit for one year after the election.

Observers

A. 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(s) to the Elections Committee before counting.

B. 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 and has notified each candidate of the results.

Challenge Procedure

A. A challenge cannot be initiated until after the results of the elections have been posted at each work site and/or TVEA website www.tveducators.org.

B. The challenging unit members must notify the unit president of a challenge in writing within ten (10) days after the announcement of the results of the election.

C. The notification must:

1. Specify which unit bylaw(s) and/or standing rule(s) have been violated.

2. Attach evidence of the violations, insofar as possible.

3. List names and addresses/site locations of parties who can give evidence.

D. Within ten (10) calendar days after receipt of the challenge, the unit’s Elections Committee shall, in accordance with the unit's bylaws and standing rules, conduct an investigation and determine whether or not the challenge:

1. Is a violation of the unit’s election requirement(s).

2. Is supported by the appropriate documentation.

3. Requires more information. The information will be obtained via the most feasible method.

4. Identified violation(s) that may have affected the outcome of the election.

E. The unit’s Elections Committee shall submit a written report including issues and recommendations, within the same 10 day period, to the Chapter President and the Governance Board.

1. All members must sign written report with members opposing having an opportunity to explain their dissent.

F. The Governance Board shall act on the report no later than 10 days following receipt of the written report of the elections committee in accordance with CTA Challenge Procedures as described in Appendix O – CTA Challenge Procedures – Local Elections of CTA Elections Manual. The Governance Board must issue its findings in writing to the challenger.

G. Any member of the Governance Board who was a candidate on the ballot, or whose immediate family member is a candidate on the ballot, shall abstain from voting on the report. If in the case where the majority of the Governance Board is unable to act on the challenge the decision shall move to the next highest decision making body according to the unit’s governance documents.

H. If an individual wishes to appeal the decision of the unit’s governance body, he/she may file an appeal in writing within ten (10) calendar days from the date of the decision of the governance body to the CTA President. The appeal shall be the original challenge filed at the unit level, and shall include:

1. Specifically which unit bylaw(s) and/or standing rule(s) have been violated.

2. Attached evidence of the violations, insofar as possible.

3. List names and address of parties who can give evidence.

4. Written response of unit’s governance body to original challenge.

I. If the Governance Board fails to act within ten (10) calendar days of the initial challenge, the individual may file an appeal as described in 7 (a-c) above by writing to the CTA President.

J. 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.

Initiative Procedures

A. The Active membership shall have the authority to make decisions on any matters affecting the Association or its activities through the initiative process.

B. An Active 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.

C. 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.

D. The timeline for gathering signatures will commence the day that the notice of intent is registered. A maximum of fifteen (15) calendar days shall be permitted to obtain the signatures of at least sixty percent (60%) or more of the Active members of the chapter. The petition shall contain the question proposed to be placed on the ballot.

E. The circulators shall present to the chapter president the petition(s) containing original signatures.

F. The chapter president shall have thirty (30) calendar days in which to verify the membership of the signers of the petition.

G. If there are insufficient signatures, the petition circulator will be notified within 3 calendar days, that the petition failed for a lack of signatures.

H. The chapter president shall cause a ballot to be furnished to the members no less than 15 calendar days after verification of membership, provided that the period that school is officially not in session shall not be included in this count.

I. Regular election procedures (e.g., election of officers) shall be followed including voting times.

J. The proposal shall take effect immediately upon receipt of the required number of votes, unless otherwise specified.

Referendum Procedures

A. Any action or proposed action of the Representative Council or the Executive Board shall be referred to a vote of the Active membership upon two-thirds vote of the Representative Council at any valid meeting.

B. The referendum action shall prescribe the exact wording of the question to be posed to the Active membership on the ballot.

C. The chapter president shall cause a ballot to be furnished to the Active members no less than 15 calendar 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.

D. Regular election procedures (e.g., election of officers) shall be followed including voting times.

E. The proposal shall take effect immediately upon receipt of the required number of votes, unless otherwise specified.

Recall Procedures

A. 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.

B. An Active 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.

C. 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.

D. The timeline for gathering signatures will commence the day that the notice of intent is registered. A maximum of 60 calendar 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.

E. The circulators shall present to the chapter president the petition(s) containing original signatures or the vice president if the chapter president is the person being recalled.

F. The chapter president shall have 10 calendar days in which to verify the membership of the signers of the petition or the vice president if the chapter president is the person being recalled.

G. If there are insufficient signatures, the petition circulator shall be notified by mail that the petition failed for a lack of signatures.

H. The chapter president shall cause a ballot to be furnished to the Active members no less than 20 calendar days after verification of membership. The period that school is officially not in session shall not be included in this count.

I. Regular election procedures (e.g., election of officers) shall be followed including voting times.

J. 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.

State Council, NEA State & Local Delegate Elections

A. 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.

B. NEA State Delegate elections shall be conducted in accordance with CTA guidelines.

C. NEA Local Delegate elections shall be conducted in accordance with CTA guidelines.

 

TVEA/PAC
The Temecula Valley Educators Association Political Action Committee is established.

Article I. – Purposes

1.1 To inform members of legislation, voting records, and positions of legislators and candidates that may affect the members’ classroom, working conditions, rights, and benefits.

1.2 To serve as a voluntary funding structure through which the Temecula Valley Educators Association may give direct and indirect financial contributions to support or oppose

a. State and local candidates for office; and

b. State and local issues including ballot measures

Article II. – Officers

2.1 Composition – Officers shall be a Chairperson, Treasurer, and such other officers as are deemed necessary by the President and the Executive Board of the Temecula Valley Educators Association.

2.2 The Chairperson and Treasurer will be appointed by the President of the Temecula Valley Educators Association with the approval of the Executive Board.

2.3 Officers shall be appointed for a term of two (2) years, commencing on July 1 of any calendar year.

Article III. – Funding

3.1 A voluntary amount will be placed in the account of the Temecula Valley Educators Association Political Action Committee from local annual dues. This money will remain segregated from the general membership account. The amount per member will be determined by the Temecula Valley Educators Association Executive Board.

3.2 Money may be expended for any lawful purpose that is deemed to be consistent with the statement of purposes of the political action committee as judged by the Temecula Valley Political Action Committee with the approval of the Temecula Valley Educators Association Executive Board.

3.3 Money may be expended and in-kind assistance provided either for or against a candidate or issue when:

a. The CTA State Council has recommended a support or oppose position; or

b. The Temecula Valley Educators Association Executive Board or

c. Leadership Council has taken a support or oppose position.Article IV. – Endorsement Procedures

4.1 Candidates and officeholders recommended by the CTA State Council will be

deemed recommended unless action is taken by the Temecula Valley Educators Association Leadership Council to withhold recommendation.

4.2 The Temecula Valley Educators Association Executive Board or Leadership Council may recommend or oppose a candidate of issue after a process in which:

4.2.1 All candidates are given access to the interview panel, and a good faith effort has been made to determine their positions on important issues facing education.

4.2.2 An analysis of a ballot issue or measure is given to the panel, and a good faith effort has been made to determine the facts and relevance to education.

4.2.3 The Temecula Valley Educators Political Action Committee shall issue letters or statement of recommendations for purposes of press releases or member education upon approval of the Executive Board or Leadership Council.

Article V. – Membership and Meetings

5.1 Members of the Political Action Committee shall be appointed by the Executive Board.

5.2 Meetings will be held semiannually in January and July. Additional meetings will be called by the Chairperson when there is business to conduct. All members of the Committee will be notified of the day, time, and location of the meetings. A quorum consisting of a majority of Committee members is necessary to conduct business.