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OEA OHIO EDUCATION ASSOCIATION
AMENDED AND RESTATED CONSTITUTION
AND BYLAWS
2016-17 LAST AMENDED AT OEA SPRING REPRESENTATIVE ASSEMBLY
MAY 2016
i
CONSTITUTION AND BYLAWS
INDEX
Absence Article V §1
Active Members Article II §1; Bylaws 2-1(a), 2-
1(c), 2-4(a)
Ad Hoc Committees Article V §7; Bylaw 8-7
Administrators Bylaw 3-1
Affiliation Article IX; Bylaw 9
Affirmative Action Article V §1, §2; Bylaws 6-3,
9-2
Agenda Bylaws 4-2(e), 5-3(b)
Alternate Delegates Bylaws 4-3, 4-9
Alternates to Board of Directors Article V §3
Amendments Article X; Bylaw 4-2(f)
Appeals Board Articles VII; Bylaw 7
Appointments Article VII §2; Bylaws 5-3, 8-3
Apportionment See Reapportionment
Associate Members Bylaws 2-1(a), 2-1(i)
Associate Organizations Bylaws 9-1, 9-6
At-Large Board of Director Members Articles III §3, V §1, §3, VI §4
At-Large Delegates Bylaw 4-3
Audit Article V §2; Bylaw 11-5
Audit Committee Article V §2; Bylaws 8-3, 8-6
Ballots Article X §4; Bylaws 4-3(f), 4-
4, 4-9(h)(2), 9-2
Board of Directors Article V
Bonding Article V §2
Budget Article V §2; Bylaws 2-4(d), 4-
1(2), 4-2(d), 5-5(g), 11-3
ii
Code of Ethics Articles II §2, V §2, §5, VI §5,
VII §8; Bylaws 2-1, 9-2, 9-6
Collective Bargaining Articles V §2, VIII §1; Bylaws 1-3,
4-6, 6-2, 6-3 Committees
Board of Directors Article V §6
Business/Support/Administration Bylaw 5-5(i)
Constitution and Bylaws Subcommittee
Information Systems
Core Function Committees Article VIII §1; Bylaws 8-3, 8-4
Collective Bargaining Bylaws 8-3, 8-4(e)
Local Development and Training Bylaws 8-3, 8-4(a)
Member Rights and Protection Bylaws 8-3, 8-4(d)
Organizing Strategy Committee Bylaws 8-3, 8-4(b)
Professional Efficacy Bylaws 8-3, 8-4(c)
Standing Committees Article VIII §1; Bylaw 4-1(a)
Convention Planning Committee Bylaws 4-1(b), 4-9(f)(4)(a), 8-
3, 8-5 (b)
Credentials Committee Bylaw 4-9(e)
Legislative Committee Bylaws 5-4(b), 8-3, 8-5(a)
Referral Committee Bylaw 2-4(d)
Resolutions Committee Bylaws 8-3, 8-5
Special Standing Committees Bylaws 8-3, 8-6
Audit Committee Bylaws 8-3, 8-6
Nominations Committee Bylaws 5-2, 8-3, 8-6
Reapportionment Committee Article III §2(a), §3; Bylaws 8-
3, 8-6
Corporate Membership Bylaw 2-1(h)
Delegate Guarantees Bylaw 4-8
Delegate Status by Virtue of Office Bylaws 4-4, 4-5, 4-6, 4-9(a)
Delegates
NEA Article V §2, §3; Bylaws 5-5, 9-8
OEA Article IV §2, §5; Bylaws 2-2(f), 4-
3, 4-4, 4-5, 4-6, 4-7, 4-8, 4-9, 5-5
Departments Bylaws 9-1, 9-2, 9-3, 9-4, 9-8
Disaffiliation Article IX §2; Bylaw 9-1
Discipline
Affiliates Article IX §2
Members Articles II §2(f), V §2, VII §2; Bylaws
2-2(c), 2-2(e), 2-6, 7-1
District Affiliation Article IX §1; Bylaws 9-1, 9-2
iii
District Associations Article V §2, §3; Bylaws 4-5,
9-1, 9-2, 9-3, 9-5
District Presidents Article V §3; Bylaws 4-5, 8-6
Divisions
Education Professionals Articles III §1, §2, V §3;
Bylaws 3-1, 4-3, 4-9, 8-1, 8-2
Higher Education Articles III, V §3; Bylaws 3-2,
4-3, 4-9(g), 8-1, 8-2
OEA Retired Members Article III; Bylaws 2-1, 3-3, 4-
3(d), 4-9(i), 8-1, 8-2
Ohio Student Education Association Article III; Bylaws 2-2, 4-9(h),
8-1, 8-2
Dues Bylaws 2-4, 2-5, 4-2(c)
Delinquent Bylaw 2-5
Life Members Bylaw 2-1(g)
Dues Transmittal Bylaw 2-5
Education Support Professionals Article V §1; Bylaws 3-1, 8-3, 9-2
Educators’ Bill of Rights:
Preamble to Constitution Bylaw 1
Elections
Delegates Articles IV §2, §5, V §2;
Bylaws 2-2, 4-3, 4-9, 5-5, 7-1
Officers Articles V §3, VI §3; Bylaws 4-
1, 4-2, 4-4, 5-2, 7-1, 9-5
Electoral Unit Articles III §2, §3, V §1;
Bylaws 4-3, 4-8, 4-9, 9-1, 9-5
Employment, Staff Article V §2; Bylaws 2-1, 2-
4(b), 6-2, 6-3, 6-4
Ethics See Code of Ethics
Ethnic-Minority Articles II §2, V §1, §2;
Bylaws 4-3, 6-3, 9-2
Executive Director Articles V §2, VI §2; Bylaw 6
Expenses
Appeals Board Article 7 §2
Officers Bylaw 5-6
Past Presidents Bylaw 4-6
Expulsion of Members See Discipline of Members
General Fund Bylaws 5-5, 11-1
iv
Half-Dues Affiliates Bylaw 2-4
Half-Year Dues Bylaw 2-4
Headquarters Bylaw 6-5
Higher Education See Division of Higher Education
Imbalance between Electoral Units Article III §3
Indemnification Article XI
Jurisdictional Categories Bylaw 9-4
Leave of Absence
Board of Directors Article V §1
Members Bylaw 2-1
Life Membership Bylaws 2-1, 2-2(a)
Mail Ballots Article V §3
Membership
Classes Article II §1; Bylaw 2-1
Continuous Bylaw 2-2(c)
Dues Bylaw 2-4
Eligibility Article II §2; Bylaws 2-1, 2-2
Expulsion See Discipline of Members
Rights and Limitations Bylaws 1, 2-2
Year Bylaw 2-3
Minority Caucus Bylaw 8-3
NEA Convention Bylaw 9-8
NEA Delegates Bylaws 5-5, 9-8
NEA Directors and Alternates Article V §1, §2, §3, §4, §5, §7,
§8, §12
NEA Resolutions Committee Bylaw 8-3
New Business Items Bylaw 4-10
Nomination of Officers Articles V §3, VI §3; Bylaw 5-2
Nominations Committee Bylaws 5-2, 8-6
Officers Article VI; Bylaws 5, 6-2
Operating Reserves Bylaws 11-1, 11-4
Parliamentarian Bylaws 4-1(c), 9-8
v
Parliamentary Authority Article X §6
Past President Bylaw 4-6
Postponement of Meetings Articles IV §4, V §12
President Articles III §3, V §1, §2, §6, §7,
§8, §12, VI, IX §3; Bylaws 4-1,
4-4, 5-1, 5-2, 5-3, 5-6, 8-3, 8-4,
8-6, 8-7, 8-8, 11-2
Presidents (District Associations) Article V §3; Bylaws 4-5, 8-7
Property Interest Article II §3
Pro Rata Dues Bylaw 2-4
Publications Bylaw 10-1
Qualifications for Office Articles V, VI §2; Bylaws 4-9,
5-1, 5-2
Quorum Article V §8
Reapportionment Articles III §2, §3; Bylaws 8-3,
8-6
Reapportionment Committee
District Article III §3
OEA Article III §2, §3; Bylaws 8-3, 8-6
Recall
Appeals Board Article VII §8
Board of Directors Members Article V §5
Officers Articles VI §5, VII §1, §8; Bylaw
7-1
Removal (Committee Member) Bylaw 8-3
Representative Assembly
NEA Article V §2; Bylaw 9-8
OEA Articles I §3, IV, V §5; Bylaws
11-3, 11-4, 11-5
Agenda Bylaws 4-1, 4-2, 5-3
Composition Article IV §2
Delegates See Delegates (OEA)
Functions Article IV §3; Bylaw 4-2
Meetings Articles IV §4, V §2; Bylaws 4-1
Postponement Article V §12
Size Bylaws 4-3, 4-7
Special Sessions Bylaw 4-1
Standing Rules Articles I §3, IV §6; Bylaws 8-5
Resolutions Committee See Committees
vi
Retired Members Bylaw 2-1
Run-Off Elections Article V §3
Secret Ballot Voting Articles V §2, X §4; Bylaws 4-
4, 4-5, 4-6, 4-9, 9-2, 9-5
Secretary-Treasurer Articles III §3, V §1, §2, §8, §9,
§12, VI; Bylaws 4-8, 4-9, 5-2, 5-5,
5-6, 9-8, 11-1, 11-2, 11-5
Special Standing Committees Bylaw 8-6
Special Interest Groups Bylaw 9-7
Staff See Employment, Staff
Staff Members Bylaws 2-1, 2-4, 6-2, 6-3
Standards for Affiliates Bylaws 9-1, 9-2, 9-5, 9-6
Standing Committees Article VIII §1; Bylaws 8-3, 8-5, 8-6
Standing Rules Articles I §3, IV §6, VII §1;
Bylaws 4-2, 8-5, 9-8
Student Members Bylaws 2-1(e), 2-2, 2-4
Subcommittees Article V §6, §7
Succession
Board of Directors Members Article V §4; Bylaw 8-7
Officers Article VI §4
Task Forces Bylaw 8-7
Terms
Appeals Board Member Article VII §5; Bylaw 8-3
Committee Member Article VIII §2; Bylaws 8-3, 8-5, 8-8
Delegate Bylaw 4-9
Term of Office
Board of Directors Members Article V §3
Officer Article VI §3
Trusteeship Article IX §3
Unification Bylaw 9-2(a)
Vacancies
Board of Directors Member Article V §4
Officers Article VI §4
vii
Vice President Articles III §3, V §1, §12, VI;
Bylaws 5-1, 5-2, 5-4, 5-6, 6-2
Women's Caucus Bylaw 8-3
Write-In Candidates for Office Article V §3
1
1
AMENDED AND RESTATED 2
CONSTITUTION OF THE OHIO EDUCATION ASSOCIATION 3
4
PREAMBLE 5
6
We, the members of the Ohio Education Association (“OEA” or the 7
“Association”), in order that the Association may serve as spokesperson for 8
education in the State of Ohio, advance the cause of education for all 9
individuals, promote professional excellence among educators, promote 10
recognition of the basic importance of the professional educator in the 11
learning process, protect the rights of educators and advance their interests 12
and welfare, secure professional autonomy, unite educators for effective 13
citizenship, promote and protect human and civil rights, and obtain for its 14
members the benefits of an independent, united education profession, do 15
hereby adopt this amended and restated Constitution (the “Constitution”) to 16
serve as the code of regulations for the Association. 17
18
Educators' Bill of Rights 19
20
The Association recognizes that a free society is dependent upon the 21
education afforded its citizens. In order to develop and preserve respect for 22
the educational process and for the worth and dignity of all persons to 23
provide a climate in which actions develop as a consequence of rational 24
thought, and to insure intellectual freedom, the Association in a Bill of 25
Rights, as written in the Bylaws, affirms that educators must be free to 26
contribute fully to an educational environment which secures the freedom to 27
teach and the freedom to learn. 28
29
ARTICLE I 30
NAMES, GOALS AND OBJECTIVES, 31
AND AUTHORITIES FOR GOVERNANCE 32
33
Section 1. Name. The name of this organization shall be the Ohio 34
Education Association. 35
36
Section 2. Goals and Objectives. The goals of the Association shall be 37
as stated in the Preamble. In carrying out the stated goals, the OEA shall 38
have all power necessary and proper to take action for the attainment of 39
these goals; to receive, hold, and administer funds and property; and to 40
enjoy the advantage of a non-profit corporation under Ohio laws. Nothing in 41
this Constitution or in the Bylaws shall be construed to prevent the 42
Association from pursuing objectives, which are consistent with the stated 43
goals of the Association. 44
45
Section 3. Governance. The Association shall be governed by its Articles 46
of Incorporation, this Constitution (otherwise referred to under Ohio law as 47
the code of regulations), the Bylaws, the Standing Rules, and such other 48
actions as the Representative Assembly and the Board of Directors may 49
take consistent therewith. 50
51
2
ARTICLE II 52
MEMBERSHIP 53
54
Section 1. Classes of Membership. Membership in the Association shall 55
comprise a class of active members and such other classes as may be 56
provided in the Bylaws. 57
58
Section 2. Membership Eligibility. 59
60
a. Membership, as provided in the Bylaws, shall be open to all persons 61
actively engaged in the profession of teaching or in other educational 62
work or to persons interested in advancing the cause of public education 63
who shall agree to subscribe to the goals and objectives of the 64
Association and to abide by its Constitution and Bylaws. 65
66
b. Members shall adhere to the Code of Ethics of the Education 67
Profession. 68
69
c. An application for membership shall be subject to review by the Board of 70
Directors. 71
72
d. The Association shall not deny membership to individuals on the basis 73
of age, ancestry, sex, race, color, creed, religion, sexual orientation, 74
marital status, national origin, residence, disability, economic status or 75
degree of association activity, nor shall any organization which so 76
denies membership be affiliated with the Association. 77
78
e. Membership rights shall be as described in the Bylaws. 79
80
f. A member may be expelled as a result of: 81
82
(1) Flagrant or continued violation of recognized professional 83
standards, including the provisions of the Code of Ethics of the 84
Education Profession; 85
86
(2) Personal advocacy of, or membership in, an organization, which 87
advocates changing the form of government of the United States 88
by unconstitutional means; 89
90
(3) Conviction of a felony; 91
92
(4) Actively engaging, or actively supporting, activities directed against 93
the constitutional purposes of the Association, to bring about 94
changes in the Association by means other than those that are 95
consistent with the OEA Constitution. 96
97
Section 3. Property Interest of Members. All rights, title, and interest, 98
both legal and equitable, of a member in and to the property of the 99
Association shall end upon the termination of the individual's membership. 100
101
3
ARTICLE III 102
GOVERNANCE STRUCTURE 103
104
Section 1. Divisions. The Association shall be comprised of a Division of 105
Education Professionals, a Division of Higher Education, The Ohio Student 106
Education Association Division and The Division of OEA Retired. 107
108
Section 2. Electoral Units. For the purpose of governance elections, 109
Divisions shall be divided into electoral units. 110
111
a. The Division of Education Professionals shall be divided into electoral 112
units, which shall be constructed within the boundaries of the existing 113
District Associations. Each District shall be guaranteed at least one 114
electoral unit. The OEA Reapportionment Committee, as defined at 115
Bylaw 8-6b, shall determine the number of units as outlined in Section 3 116
of this Article. 117
118
b. The Division of Higher Education shall have at least one statewide 119
electoral unit. 120
121
c. The Ohio Student Education Association Division shall have one 122
statewide electoral unit. 123
124
d. The Division of OEA Retired shall have one statewide electoral unit. 125
126
Section 3. Apportionment. 127
128
a. The electoral units shall be balanced by the District Reapportionment 129
Committee(s) as closely as possible within the one-member, one-vote 130
concept. The Reapportionment Committee shall meet annually in 131
February for the purpose of verifying active membership records and 132
certifying to the OEA Board of Directors and the District 133
Reapportionment Committee(s) the number of electoral units allotted to 134
each District. The Reapportionment Committee shall examine, upon 135
request from the District Reapportionment Committee(s), average active 136
membership totals for each unit within the district. When a unit is to be 137
added, deleted or an imbalance between units is found to exist, the 138
District Reapportionment Committee(s) shall then make any necessary 139
adjustments of electoral units within their respective Districts. The 140
addition or subtraction of electoral units shall take effect the following 141
September. 142 143
b. The process for reapportionment is as follows: 144
145
(1) On or before February 21 the OEA President, Vice-President, and 146
Secretary-Treasurer shall determine the need to increase or 147
decrease units by using the January 31 membership for the current 148
149
4
year and the final membership for the previous two years to 150
determine the average active Division of Education Professionals 151
membership for the three year period; and 152
153
(2) Dividing the average active Division of Education Professionals 154
membership within each district by 3,000 to determine the number 155
of units with any additional major fraction of 3,000 being 156
considered an additional unit; and, 157
158
(3) If an additional unit is required or a unit is to be eliminated, notify 159
the affected District(s) of the increase or decrease in unit(s) due 160
them. 161
162
The District Reapportionment Committee(s) upon receiving said notice 163
may: 164
165
(1) Make any necessary adjustments of electoral units within their 166
respective districts balancing them as closely as possible to the 167
one-member, one-vote concept; or, 168
169
(2) In the case of an increase in the number of units, create a District 170
at-large seat until the next reapportionment. The addition(s) shall 171
take effect the following September. 172
173
For the purpose of maintaining staggered terms of office, the District 174
Reapportionment Committee(s) shall determine the length of the term of 175
office for a new unit. The length of this initial term of office shall not 176
exceed three (3) years and if the at-large seat option was chosen, the 177
term cannot extend beyond July 15 of the year in which the next 178
reapportionment occurs. 179
180
ARTICLE IV 181
REPRESENTATIVE ASSEMBLY 182
183
Section 1. Representative Assembly. There shall be a Representative 184
Assembly. 185
186
Section 2. Composition. The Representative Assembly shall be 187
composed of delegates determined by procedures set forth in the Bylaws. 188
189
Section 3. Function. The Representative Assembly shall be the supreme 190
governing body of the Association and shall perform such functions as 191
stipulated by the Bylaws. 192
193
Section 4. Meetings. 194
195
a. The Representative Assembly shall meet at least semi-annually. 196
197
b. In the event of an emergency, the Board of Directors may postpone a 198
semi-annual meeting as provided in Article V, Section 12. 199
200
5
Section 5. Seating of Delegates. The Representative Assembly shall 201
have final jurisdiction over the seating of its delegates. 202
203
Section 6. Standing Rules. The Representative Assembly shall adopt 204
and publish standing rules, which govern its conduct and are consistent with 205
the Constitution and Bylaws. 206
207
ARTICLE V 208
BOARD OF DIRECTORS 209
210
Section 1. Board of Directors Membership and Qualifications. 211
212
a. The Board of Directors shall be composed of the three (3) elected 213
officers, the four (4) at-large members elected by the Representative 214
Assembly, one (1) of whom shall be elected from the membership of the 215
education support professionals, the Ohio NEA Directors, and no more 216
than one (1) representative per unit elected as prescribed in Article III 217
herein. Ethnic-minority representation shall be guaranteed at least 218
proportional to the Association ethnic-minority membership. 219
220
b. A Board of Directors’ member shall relinquish that position when the 221
member ceases to be employed in the unit or in the membership 222
classification from which the member was elected, including when a 223
member has retired and is subsequently re-employed in the same unit 224
of representation. A unit member shall resign when on leave-of-225
absence from the employing school district for more than six (6) 226
consecutive months for any reason other than official Association 227
business. 228
229
230
Section 2. Functions of the Board of Directors. 231
232
The Board of Directors: 233
234
a. General 235
236
(1) Shall determine the time and place of the Representative 237
Assembly. 238
239
(2) Shall act for the Association and make corporate policy decisions 240
for the Association between meetings of the Representative 241
Assembly, within the policy guidelines prescribed by the 242
Representative Assembly. 243
244
(3) Shall establish guidelines for the accountability of Board of 245
Directors’ members. 246
247
6
(4) Shall implement policies established by the Representative 248
Assembly. 249
250
(5) Shall receive all reports of the member committees and board 251
subcommittees and shall transmit, with its recommendations, such 252
reports as may be appropriate to the Representative Assembly. 253
254
(6) May call a meeting on written request of one-fourth (1/4) of its 255
members. 256
257
(7) Have the right to vote and otherwise act as provided in the Bylaws. 258
259
b. Financial 260
261
(1) Shall cause to be prepared the biennial budget for the Association 262
and shall be responsible for the fiscal affairs of the Association. 263
264
(2) Shall insure that a financial report of all monies is delivered to the 265
Representative Assembly at each of its meetings. 266
267
(3) Shall cause an Audit Committee to be formed as provided in the 268
Bylaws and shall engage an independent auditing agency to 269
conduct an annual audit of all Association funds. 270
271
(4) Shall direct that adequate bond be required of the Secretary-272
Treasurer, the Executive Director and such other individuals as it 273
may determine. 274
275
c. Administration 276
277
(1) Shall select and employ the Executive Director and determine the 278
terms of the Executive Director's contract. 279
280
(2) Shall be authorized to ratify and enter into collective bargaining 281
agreements with organizations representing OEA staff. 282
283
(3) Shall establish District boundaries as provided herein. 284
285
(4) Unit members shall be voting members of their District Executive 286
Committee/Board of Directors. 287
288
(5) Unit members shall meet regularly with their local councils. 289
290
(6) Shall hear challenges to election of members of the Representative 291
Assembly or the Board of Directors filed by any member and set 292
aside any election found not to have been conducted pursuant to 293
the Association Constitution and Bylaws. 294
295
(7) May expel any OEA member, with a two-thirds (2/3) vote by secret 296
ballot, in accordance with provisions set forth in the Bylaws and 297
7
assuring the member all-procedural and substantive rights of due 298
process subject to action on any expulsion by the Appeals Board. 299
300
(8) Shall provide for the election of state delegates to the NEA 301
Representative Assembly. 302
303
(9) Shall provide the ethnic-minority representation on all committees 304
over which it has direct control. 305
306
(10) May consider expulsion of a member as a result of: 307
308
(a) Flagrant or continued violation of recognized professional 309
standards, including the provisions of the Code of Ethics of 310
the Education Profession. 311
312
(b) Personal advocacy of, or membership in, an organization 313
which advocates changing the form of government of the 314
United States by unconstitutional means. 315
316
(c) Conviction of a felony. 317
318
(d) Actively engaging, or actively supporting, activities directed 319
against the constitutional purposes of the Association, to bring 320
about changes in the Association by means other than those 321
that are consistent with the OEA Constitution. 322
323
Section 3. Elections and Terms. 324
325
a. Members of the Board of Directors, as established in Article V, Section 326
1, shall be elected to staggered terms so that an election is held yearly. 327
328
b. The election of Board of Directors’ members shall be by majority vote 329
except that, when the ethnic-minority membership of the Board of 330
Directors falls below the proportion of ethnic-minority membership in the 331
Association, the ethnic-minority candidates for an at-large position with 332
the largest number of votes shall be elected. 333
334
c. In the event that after nominations are closed there is only one 335
candidate on the ballot for a position, the secret ballot election shall be 336
dispensed with and the unopposed candidate shall be declared elected 337
to the position. Write-in voting shall be prohibited in all elections subject 338
to this section of the Constitution. 339
340
d. In the event there are more than two candidates and no candidate 341
receives a majority of the votes cast, a runoff election shall be held 342
immediately. In such an election, the names of the candidates with the 343
two highest number of votes cast in the previous election shall be placed 344
upon the ballot. This procedure shall continue until one candidate 345
receives a majority of the votes cast. 346
347
8
e. The terms of all Board of Directors’ members, except for the three (3) 348
elected officers and the NEA Directors, shall be for three (3) years. The 349
terms of the NEA Directors shall be established by the NEA 350
Constitution, Bylaws and other applicable governing documents. No 351
member of the Board of Directors may be elected for more than two (2) 352
consecutive, three (3) year terms in any position. At-large members of 353
the Board of Directors may be elected to no more than two (2) 354
consecutive, three (3) year terms. 355
356
f. At-large members of the Board of Directors and the Ohio NEA Directors 357
shall be elected by the delegates to the Spring Representative 358
Assembly. 359
360
g. The Education Professionals unit members of the Board of Directors 361
shall be elected at the District Representative Assembly by their 362
respective Education Professional unit delegates. 363
364
(1) The District delegates shall be: (a) the OEA delegates elected from 365
the units within the District as defined in Bylaw 4-9; and (b) as 366
provided under the Constitutions and/or Bylaws of the District 367
Associations applying the one-person, one-vote principle. 368
369
(2) When additional Education Professional electoral units have been 370
created, a special election shall be held at the next regular District 371
Representative Assembly. The Education Professional unit 372
members shall be elected by their respective unit delegates at the 373
District Representative Assembly and shall take office the following 374
September and shall serve the regular term established for these 375
Education Professional units. 376
377
h. The District President shall upon election be declared elected first 378
alternate to the unit member(s) of the OEA Board of Directors. The 379
District President-Elect/Vice-President shall upon election be declared 380
elected second alternate to the unit member(s) of the OEA Board of 381
Directors. The District Past-President shall upon taking office be elected 382
third alternate to the unit member(s) of the OEA Board of Directors. The 383
alternate shall serve for temporary absences only and not for more than 384
three consecutive meetings. 385
386
i. The unit members of the Board of Directors from the Division of OEA 387
Retired, the Division of Higher Education, and the Ohio Student 388
Education Association Division shall be elected by their respective unit 389
members at the annual spring meeting of the Division or by written mail 390
ballot conducted not later than the month of June, except when 391
additional electoral units have been created. In such cases, a special 392
election, which may be conducted by written mail ballot, shall be held by 393
the unit members. The terms of unit members shall begin on July 15 394
following their election and shall remain in office through July 14 of the 395
year in which a successor is to be elected, except that the terms of unit 396
members of the Board of Directors elected in 2013 through 2016 shall 397
9
continue through August 31 in which a successor is elected, and for 398
elections held in 2017, the terms of the successors elected shall begin 399
July 15. 400
401
j. The Chairperson of the Division of OEA Retired and the Chairperson of 402
the Division of Higher Education, upon election in accordance with the 403
respective Division Guidelines, shall be declared elected as the first 404
alternate to the unit member of the Board of Directors of each respective 405
Division. The Vice Chairperson of the Division of OEA Retired and the 406
Vice Chairperson of the Division of Higher Education, upon election in 407
accordance with the respective Division Guidelines, shall be declared 408
elected as the second alternate to the unit member of the Board of 409
Directors of each respective Division. The alternate shall serve for 410
temporary absences and not for more than three consecutive meetings. 411
412
Section 4. Successions and Vacancies. 413
414
a. Excluding NEA Directors’ seats, vacancies in any Board of Directors’ 415
seat occurring by reason of death, resignation, incapacity, judgment of 416
recall, or other disqualification shall be filled from the same constituency 417
of such board member by a majority vote of the Board of Directors until 418
the next District or OEA Representative Assembly, as appropriate, when 419
a successor shall be elected to fill the remainder of the unexpired term. 420
421
b. A vacancy in any NEA Director’s seat, occurring by reason of death, 422
resignation, incapacity, judgment of recall, or other disqualification, shall 423
be filled for the unexpired term by the NEA Board of Directors, provided 424
that the OEA Board of Directors shall, by a majority vote, recommend to 425
the NEA Board of Directors a qualified Ohio person to serve until a 426
successor shall be elected at the next meeting of the Representative 427
Assembly. 428
429
Section 5. Recall. 430
431
Members of the Board of Directors may be recalled for violation of the Code 432
of Ethics of the Education Profession, for misfeasance, malfeasance, or 433
nonfeasance in duty. 434
435
a. Petitions against any elected at-large or NEA Board of Directors 436
members must be signed by: 437
438
(1) 1000 active members of the Association; or, 439
440
(2) 50 delegates of the preceding Representative Assembly; or, 441
442
(3) 10 members of the Board of Directors. 443
444
b. Petitions against the unit members of the Board of Directors must be 445
signed by: 446
447
10
(1) 500 active members within the unit represented by the Board 448
member; or, 449
450
(2) 20 delegates of the preceding Representative Assembly from the 451
unit represented by the Board of Directors’ member; or, 452
453
(3) 10 members of the Board of Directors. 454
455
c. An affirmative two-thirds (2/3) vote of the Board of Directors shall be re-456
quired to order a recall hearing on these charges. The Appeals Board 457
shall have original jurisdiction in any recall hearing against any Board of 458
Directors’ member of the Association. 459
460
d. A majority vote of the members of the Appeals Board shall be required 461
to sustain the charges, recall the Board Member, and declare the 462
position vacant. 463
464
Section 6. Committees of the Board. The Board of Directors shall 465
establish the Constitution and Bylaws Subcommittee, the 466
Business/Support/Administration Board of Directors Core Function 467
Committee, the Information Systems Board of Directors Core Function 468
Committee, and such other committees and subcommittees, as the Board 469
of Directors deems appropriate from time to time. 470
471
a. The President shall appoint members of the Board of Directors to these 472
committees. 473
474
b. The Constitution and Bylaws Subcommittee shall be responsible for 475
interpreting the Constitution and Bylaws, and shall be responsible for 476
other such duties as further described in OEA policy. 477
478
c. The Business/Support/Administration Board of Directors Core Function 479
Committee shall be responsible for the administration of an adequate 480
and appropriate financial management system, and shall be responsible 481
for other such duties as further described in OEA policy. 482
483
d. The Information Systems Board of Directors Core Function Committee 484
shall be responsible for recommending to the Board of Directors or other 485
appropriate OEA entities policies that ensure the administration of 486
adequate and appropriate communication and information technology 487
strategies, and shall be responsible for other such duties as further 488
described in OEA policy. 489
490
Section 7. Ad Hoc. The President may appoint members of the Board of 491
Directors to Ad Hoc Subcommittees, as the Board deems to be appropriate 492
from time to time. 493
494
Section 8. Regular and Special Meetings; Quorum. The Board of 495
Directors shall annually adopt a calendar that provides for a minimum of 496
four (4) meetings per year. Meetings will be held at an agreed upon time 497
11
and place. Special meetings may be held at any time and place and shall 498
be called by the Secretary-Treasurer on the request of the President or 499
upon written request of one-fourth (1/4) of the Board of Directors’ members. 500
In the absence of such a designation, all meetings shall be held at the 501
principal executive office of the Association. Any regular or special 502
meetings may be held by conference telephone or similar communications 503
equipment, as long as all Board of Directors’ members participating in the 504
meeting can hear one another, and all such board members shall be 505
deemed to be present in person at the meeting. A majority of Board of 506
Directors’ members shall constitute a quorum. 507
508
Section 9. Notice of Meetings. All notices of meetings of the Board of 509
Directors shall state the time and place of the meeting, and notices of 510
special meetings shall state the business to be brought before the meeting. 511
Meetings may be held within or out of the state of Ohio. Any notice shall be 512
in writing and shall be delivered personally, sent by telecopy or electronic 513
mail transmission, by U.S. mail, or courier service, and shall be given at 514
least five (5) days before the meeting. Attendance at the meeting by a 515
Board member, without the Board member protesting proper notice by so 516
stating before the transaction of business, shall constitute waiver of such 517
notice by such Board member. An emergency meeting shall require twenty-518
four (24) hours notice and may be called by the Secretary-Treasurer on the 519
request of the President or upon written request of one-fourth (1/4) of the 520
Board of Directors’ members. 521
522
Section 10. Action Without Meeting. Any action which may be 523
authorized or taken at a Board of Directors’ meeting may be authorized or 524
taken without a meeting in a writing or writings signed by all of the members 525
who would be entitled to notice of a meeting of the Board of Directors held 526
for such a purpose. 527
528
Section 11. Books and Records. All books and records of the 529
Association may be inspected by any Board of Directors’ member, or his or 530
her attorney or accountant, for any purpose authorized by law at any 531
reasonable time. Each Board of Directors’ member shall, in the 532
performance of his or her duties, be fully protected in relying on information, 533
opinions, reports, or statements, including financial statements and other 534
financial data, that are prepared and presented to the Board of Directors or 535
any committee thereof, by the following: 536
537
a. One or more Board of Directors’ members, officers or employees of the 538
Association who the Board of Directors’ member believes are reliable 539
and competent in the matters prepared or presented; 540
541
b. Counsel, public accountants, or other persons as to matters that the 542
Board of Directors’ member reasonably believes are within the person’s 543
professional or expert competence; 544
545
c. A committee of the Board of Directors upon which he or she does not 546
serve, duly established in accordance with a provision of OEA’s 547
12
Constitution and Bylaws as to matters within its designated authority, 548
which committee the Board of Directors’ member reasonably believes to 549
merit confidence. 550
551
Section 12. Postponement of Representative Assembly. The Board of 552
Directors may, by a two-thirds (2/3) vote, postpone a semi-annual meeting 553
of the Representative Assembly in case of national or state emergency or 554
calamity. 555
556
a. In the event of such postponement, the President, Vice-President, 557
Secretary-Treasurer, NEA Directors, and any members of the Board of 558
Directors whose terms are expiring shall continue in office. 559
560
b. In the event the postponed second semi-annual meeting of the 561
Representative Assembly cannot be convened prior to July 15, the 562
President, Vice-President, Secretary-Treasurer, NEA Directors, and any 563
other members of the Board of Directors whose elections have been 564
deferred, shall take office upon the adjournment of that Representative 565
Assembly. 566
567
ARTICLE VI 568
OFFICERS 569
570
Section 1. Officers. The elected officers of this Association (the “officers”) 571
shall be President, Vice-President, and the Secretary-Treasurer. The 572
corporate officers shall be President, Secretary-Treasurer, and the 573
Executive Director. The powers and duties of the officers shall be set forth 574
in the Bylaws. 575
576
Section 2. Qualifications of Officers. All elected officers shall have been 577
active members of the Association for at least two (2) years immediately 578
preceding the election and shall be actively engaged in the education 579
profession in Ohio. 580
581
Section 3. Elections and Terms. 582
583
a. The President, Vice-President, and Secretary-Treasurer shall be 584
nominated and elected in accordance with Bylaw 5. 585
586
b. The Executive Director shall be selected and employed by the Board of 587
Directors, with a term as determined by the terms of a contract to be 588
approved by the Board of Directors. 589
590
c. The terms of officers shall begin on July 15 following their election and 591
they shall remain in office through July 14 of the year in which a 592
successor is to be elected, except that the terms of the Secretary-593
Treasurer elected in 2012 and the President and Vice-President elected 594
in 2013 shall continue through August 31 in the year in which a 595
successor is to be elected, and for the elections held in 2015 and 2016, 596
the terms of the successors elected to the positions shall begin 597
13
September 1. 598
599
d. The President, Vice-President, and Secretary-Treasurer may not be 600
elected to more than two (2) three-year (3) terms in the office to which 601
elected. For purposes of this section, the terms of the Secretary-602
Treasurer which begins on September 1, 2015 and the President and 603
Vice-President which begin on September 1, 2016 shall be considered 604
one (1) of the two (2) terms. 605
606
e. Immediately upon election at the Spring Representative Assembly, a 607
non-incumbent elected to the office of President, Vice-President; or 608
Secretary-Treasurer shall serve on the Board of Directors without vote 609
until the official term begins. 610
611
Section 4. Succession and Vacancies. Vacancies occurring by reason 612
of death, resignation, incapacity, judgment of recall, other disqualification, or 613
in the case of the Secretary-Treasurer only, refusal or inability to be bonded 614
in the amount required by law, shall be filled as follows: 615
616
a. A vacancy in the office of President shall be filled by the Vice-President 617
who shall complete the unexpired term. 618
619
b. A vacancy in the office of Vice-President or in the office of Secretary-620
Treasurer shall be filled by an appointment by the President with 621
approval of two-thirds (2/3) of the Board of Directors. Such appointment 622
shall remain in effect until the next Spring Representative Assembly, at 623
which time an election will be held to fill the vacancy for the remainder of 624
the unexpired term. 625
626
c. In the event a vacancy occurs in the office of both the President and 627
Vice-President, the Secretary-Treasurer shall assume the 628
responsibilities of the President for the unexpired term. 629
630
d. In the event the Secretary-Treasurer cannot serve, the Board of 631
Directors by two-thirds (2/3) vote shall appoint an acting President to 632
fulfill the unexpired term. The presiding officer in this interim shall be the 633
senior at-large member of the Board of Directors until an acting 634
President is appointed. 635
636
Section 5. Recall. Officers of the Association may be recalled for violation 637
of the Code of Ethics of the Education Profession, for misfeasance, 638
malfeasance, or nonfeasance in duty. 639
640
a. Proceedings against an officer may be initiated by written petition listing 641
the specific charge(s), and must be signed by: 642
643
(1) 1000 active members of the Association; or 644
645
(2) 50 delegates of the preceding Representative Assembly; or 646
647
14
(3) 10 members of the Board of Directors. 648
649
b. An affirmative two-thirds (2/3) vote of the Board of Directors shall be 650
required to order a recall hearing set forth in the petition. The Appeals 651
Board shall have original jurisdiction in any recall hearing against any 652
officer of the Association. 653
654
c. A majority vote of the members of the Appeals Board shall be required 655
to sustain the decision of the Board of Directors to recall the officer and 656
declare the position vacant. 657
658
ARTICLE VII 659
APPEALS BOARD 660
661
Section 1. Jurisdiction. The Appeals Board shall have appellate 662
jurisdiction in cases arising under this Constitution, The Articles of 663
Incorporation, the Bylaws, the Standing Rules of the Representative 664
Assembly and the Code of Ethics of the Education Profession, except 665
that the Appeals Board shall have original jurisdiction in recall hearings 666
against any member of the Board of Directors. The powers and duties of 667
the Appeals Board are as described in Bylaw 7. 668
669
Section 2. Composition. The Appeals Board shall be composed of seven 670
(7) members with each member from any class of OEA membership. 671
672
a. A member of the Appeals Board shall hold no other elective office or 673
appointive position at any level in the Association except said member 674
may be elected and serve as a delegate to the NEA Convention. 675
676
b. The Appeals Board shall annually select its own chairperson and vice-677
chairperson. 678
679
c. Expenses, including any loss of salary incurred by any Appeals Board 680
member while on official business, shall be paid by the Association. 681
682
d. The budget of the Appeals Board shall be established by direct 683
appropriation of the Representative Assembly and shall be administered 684
by the chairperson. 685
686
e. Following the action of the Board of Directors as required herein, the 687
Appeals Board shall have original jurisdiction to decide: 688
689
(1) Questions on interpretation of the documents under its jurisdiction. 690
These questions shall be decided by the Board upon written 691
request of five (5) members of the Board of Directors, or twenty-692
five (25) delegates of the preceding Representative Assembly, or a 693
majority of the governing body of a local affiliate. 694
695
(2) Questions involving charges against the Board of Directors. These 696
shall be decided upon written petition, stating the precise charges, 697
15
signed by 100 Association members. If these charges are 698
sustained, the Board shall have the power to order the Board of 699
Directors to cease and desist. 700
701
(3) Cases involving censure, suspension, expulsion, or recall. 702
703
(4) Cases involving challenges to elections of officers and OEA 704
delegates. 705
706
Section 3. Appointment . Members of the Appeals Board shall be 707
appointed by a two-thirds (2/3) vote of the Board of Directors and the 708
majority approval of the Representative Assembly. 709
710
Section 4. Vacancies. Vacancies occurring by reason of death, 711
resignation, incapacity, recall, disqualification, or by reason of rejection of a 712
Board of Directors appointment by the Representative Assembly, shall be 713
filled for the remainder of the term upon nomination by two-thirds (2/3) vote 714
of the Board of Directors and majority approval of the next regularly 715
scheduled Representative Assembly. 716
717
Section 5. Term. The term of members of the Appeals Board shall be 718
seven (7) years, with one term beginning each year. Members of the Board 719
may not serve more than one full term. 720
721
Section 6. Opinion and Decision. Any matter properly coming before the 722
Appeals Board pursuant to this Constitution and Bylaws shall require the 723
Appeals Board to issue a written opinion and decision, including citation to 724
and analysis of the particular policy or governing provision that supports the 725
opinion and decision. 726
727
Section 7. Appeals Board Prerogatives. The Appeals Board shall have 728
staff through OEA or through independent sources if OEA staff is not 729
provided. The Appeals Board shall establish rules of procedure, and 730
guarantee due process in all its proceedings. 731
732
Section 8. Recall. 733
734
a. Members of the Appeals Board may be recalled for violation of the 735
Code of Ethics of the Education Profession, or for misfeasance, 736
malfeasance and nonfeasance in office. 737
738
b. Proceedings against a member of the Appeals Board may be initiated 739
by written petition listing the specific charge and signed by: 740
741
(1) 1000 active members of the Association; or, 742
743
(2) 50 delegates of the preceding Representative Assembly; or, 744
745
(3) 10 members of the Board of Directors. 746
747
16
c. An affirmative vote of a majority of the Board of Directors shall be 748
required to order a recall hearing on these charges. 749
750
d. An affirmative vote of two-thirds (2/3) of the Board of Directors, 751
excluding those signing the petition in (b) above, shall sustain the 752
charges following a due process hearing before the Board of Directors, 753
and the position shall become vacant. 754
755
ARTICLE VIII 756
COMMITTEES 757
758
Section 1. Committees. In order to facilitate the objectives of the 759
Association, the Board of Directors shall establish the following Core 760
Function Committees and Standing Committees, as further described in the 761
Bylaws: 762
763
a. Core Function Committees: The Collective Bargaining Core Function 764
Committee, the Member Rights and Protection Core Function 765
Committee, the Professional Efficacy Core Function Committee, the 766
Local Development and Training Core Function Committee, and the 767
Organizing Strategy Committee. 768
769
b. Standing Committees: The Legislative Committee, the Resolutions 770
Committee, and the Convention Planning Committee. 771
772
c. The Board of Directors may form such other committees, as it deems 773
appropriate. 774
775
Section 2. Selection and Terms. All members are eligible to serve on the 776
Committees described in Section 1 herein. Core Function Committee and 777
Standing Committee members shall be appointed as provided in the 778
Bylaws. Terms of Committee members shall begin on September 1 of the 779
year of their election or appointment. 780
781
ARTICLE IX 782
AFFILIATES 783
784
Section 1. Affiliation. The OEA may enter into affiliation agreements with 785
organizations involved with or interested in education, including but not 786
limited to national, district, and local associations. 787
788
Section 2. Censure, Suspension or Disaffiliation. The OEA shall 789
censure, suspend, or disaffiliate any affiliate, which fails to comply with 790
standards and procedures set forth in the Bylaws, including but not limited 791
to Section 9 of the Bylaws. 792
793
Section 3. Trusteeships over Affiliates. 794
795
a. Any organization that joins the OEA as an affiliate must, prior to 796
becoming an affiliate, agree that the Association may establish a 797
17
trusteeship over any affiliate for the purpose of (i) correcting corruption 798
or financial misfeasance, malfeasance or nonfeasance or (ii) restoring 799
democratic procedures, utilizing only the procedures set forth in this 800
Article and as otherwise adopted by the Board of Directors for the 801
purpose of conducting a trusteeship. Additionally, such organization 802
must also agree that it will submit to the jurisdiction of any state or 803
federal court in Franklin County, Ohio in any action brought regarding 804
such trusteeship. 805
806
b. In the event that the Association learns of a possible circumstance that 807
would warrant the establishment of a trusteeship, the President may 808
appoint a special Investigative Committee to investigate any affiliate. 809
810
(1) If the Investigative Committee determines, by a two-thirds (2/3) 811
vote, that there is adequate cause under section (a) of this Article 812
to establish a trusteeship, it shall recommend to the Board of 813
Directors that a trusteeship be established. As soon as possible 814
after said vote, the President shall send to the Board of Directors, a 815
copy of the recommendation of the Investigative Committee, and 816
shall include with said recommendation a written statement setting 817
forth the basis for the Investigative Committee’s determination that 818
there is adequate cause for the establishment of a trusteeship. 819
The written statement shall be sufficiently specific so as to enable 820
the affiliate to prepare a defense. 821
822
(2) Any action taken by the affiliate to disaffiliate from the Association 823
after the Investigative Committee has made an adequate cause 824
determination pursuant to Section 3(b) of this Article, or has 825
established an immediate trusteeship pursuant to Section 3(g) of 826
this Article, shall be of no effect. 827
828
c. A recommendation by the Investigative Committee to establish a 829
trusteeship shall be acted upon by the Board of Directors at its next 830
regularly scheduled meeting or at a special meeting called for that 831
purpose, occurring at least ten (10) days after the Board of Directors has 832
received said recommendation. 833
834
(1) At least seven (7) days prior to the meeting of the Board of 835
Directors at which the recommendation of the Investigative 836
Committee is to be acted upon, the President shall send to the 837
affiliate a notice advising it of the recommendation of the 838
Investigative Committee and setting forth the date, time, and place 839
of the meeting of the Board of Directors at which said 840
recommendation shall be acted upon. The President shall include 841
with said notice a copy of the written statement that was submitted 842
to the Board of Directors pursuant to Section 3(b) of this Article and 843
a copy of the rules and procedures that shall be followed by the 844
Board of Directors in acting upon the Investigative Committee’s 845
recommendation. 846
847
18
(2) A hearing shall be held before the Board of Directors, pursuant to 848
rules and procedures adopted by the Board of Directors for such 849
purpose to determine whether to establish a trusteeship, or in the 850
absence of such rules, the Board of Directors may delegate to a 851
Trusteeship Hearing Committee, consisting of not less than eleven 852
(11) Board of Directors’ members, none of whom may be members 853
of the Investigative Committee, the responsibility to receive 854
evidence and hear arguments in the first instance, provided that 855
the final decision regarding the establishment of a trusteeship shall 856
be made by the full Board of Directors, and all interested parties 857
shall have an adequate opportunity to present their views on the 858
matter to the full Board of Directors before the final decision is 859
made. 860
861
(3) On the basis of the evidence and arguments presented at the 862
hearing, the hearing committee shall vote on the question of 863
whether a trusteeship should be established. If more than one-864
third (1/3) of the members of the hearing committee who vote on 865
the question vote “no,” the recommendation of the Investigative 866
Committee shall have been rejected. If two-thirds (2/3) or more of 867
the members of the hearing committee who vote on the question 868
vote “yes,” the recommendation of the Investigative Committee 869
shall have been accepted, in which event a trusteeship shall be 870
established over the affiliate as of the announcement of the vote. 871
872
(4) As soon as possible after said vote, the President shall appoint a 873
trustee. 874
875
d. Subject to the control and direction of the Investigative Committee, a 876
trustee shall have the power to: 877
878
(1) Conduct the affairs of the affiliate, including supervisory control 879
over its officers, employees and other representatives; 880
881
(2) Take possession of the books, records, funds, and other assets of 882
the affiliate, to be held in trust for and used only in the proper 883
conduct of its affairs; 884
885
(3) Remove officers and staff of the affiliate, and replace them if 886
deemed appropriate for the duration of the trusteeship; and 887
888
(4) Take such other actions as in a trustee’s judgment are necessary 889
for the preservation of the rights and interests of the Association 890
and the members of the affiliate. 891
892
(5) The Board of Directors shall have the right, with or without cause, 893
to replace a trustee at any time. 894
895
(6) Reasonable expenses incurred by a trustee in the performance of 896
his or her functions shall be paid out of the funds of the affiliate, if 897
19
available; otherwise, such expenses shall be paid by the 898
Association. 899
900
e. The Board of Directors shall terminate a trusteeship as soon as the 901
cause for its establishment, and any other material issue of concern 902
discovered during the trusteeship, have been remedied. 903
904
(1) Prior to the termination of a trusteeship, a trustee shall conduct an 905
election in accordance with the applicable provisions of the 906
governing documents and policies of the affiliate and the 907
Association to fill, as of the date of such termination, officer 908
positions vacated by removal or departure of former incumbents. 909
As of the date of termination of a trusteeship, a trustee shall return 910
control of the books, records, funds, and other assets of the 911
affiliate to its appropriate officers. 912
913
(2) A trustee shall make a final accounting of a trusteeship, and submit 914
copies to the Board of Directors and the affiliate. 915
916
f. No financial obligation or liability of the affiliate which may exist at the 917
time a trusteeship is established, or which may be incurred during a 918
trusteeship, shall be assumed by or become an obligation of the 919
Association. 920
921
g. If the Board of Directors establishes a trusteeship or refuses to 922
terminate an established trusteeship, the affiliate shall have the right to 923
appeal to the Appeals Board, provided that written notice of such appeal 924
is filed with the President by at least ten (10) percent of the active 925
members in good standing of the affiliate, or by a three-fourths (3/4) vote 926
of the highest governing body of affiliate, within forty-five (45) days after 927
the decision of the Board of Directors is made known to the affiliate. 928
929
(1) The Appeals Board shall rule on the appeal at its first meeting 930
occurring after the President receives the written notice of appeal. 931
932
(2) Pending an appeal to the Appeals Board, the decision of the Board 933
of Directors shall remain in full force and effect. 934
935
h. The Board of Directors shall adopt such rules and procedures as may 936
be necessary to implement this Article. 937
938
ARTICLE X 939
AMENDMENT TO THE CONSTITUTION AND BYLAWS 940
941
Section 1. Proposal of Amendments. Amendments to the Constitution 942
or the Bylaws may be proposed by one (1) or more of the following: 943
944
a. By a majority vote of the Constitution and Bylaws Subcommittee of the 945
Board of Directors; or, 946
947
20
b. By a majority vote of the Board of Directors; or, 948
949
c. By petition signed by at least fifty (50) or more certified delegates to the 950
Representative Assembly; or, 951
952
d. By petition signed by a total of one hundred (100) or more active 953
members from at least two (2) local affiliates. 954
955
Section 2. Amendment to the Constitution. 956
957
a. A proposed amendment to the Constitution shall be presented in writing 958
to the Constitution and Bylaws Subcommittee of the Board of Directors 959
and read by title to the Representative Assembly. Such amendment 960
shall then be voted on at the following Representative Assembly, 961
provided that the other requirements of this section have been met. 962
963
b. The text of the proposed amendment shall be printed in an official 964
publication sent to all members at least thirty (30) days prior to its 965
consideration. 966
967
c. A proposed amendment to the Constitution may be debated, refined, 968
and/or amended by the delegates at the Representative Assembly 969
succeeding the Representative Assembly at which it was presented. 970
971
d. This Constitution may then be amended by three-fourths (3/4) vote of 972
the delegates present and voting at the Representative Assembly. 973
974
Section 3. Amendment to the Bylaws. 975
976
a. A proposed amendment to the Bylaws shall be presented in writing to 977
the Constitution and Bylaws Subcommittee of the Board of Directors 978
postmarked no later than sixty (60) days preceding the Representative 979
Assembly. 980
981
b. The text of proposed amendments shall be printed in an official 982
publication sent to all members at least thirty (30) days prior to its 983
consideration. 984
985
c. A proposed amendment to the Bylaws may be debated, refined and/or 986
amended on the floor by the delegates at the same Representative 987
Assembly at which it is presented. 988
989
d. The Bylaws may then be amended by a majority vote of the delegates 990
present and voting at the Representative Assembly. 991
992
Section 4. Voting on Amendments. 993
994
a. Voting on proposed amendments to this Constitution or to the Bylaws 995
shall be by secret ballot. 996
997
21
b. Unless otherwise provided, all amendments shall take effect at the 998
beginning of the fiscal year following their adoption. 999
1000
Section 5. Withdrawal of Proposed Amendments. A majority of the 1001
body or petitioners may withdraw their proposed amendments by written 1002
request to the Constitution and Bylaws Subcommittee and approval of the 1003
Representative Assembly. 1004
1005
Section 6. Parliamentary Procedure Authority. Robert's Rules of 1006
Order Newly Revised shall be the authority on parliamentary procedure at 1007
any meeting of the duly constituted bodies of the Association. 1008
1009
ARTICLE XI 1010
INDEMNIFICATION 1011
1012
Section 1. Indemnification. The Association shall indemnify any person 1013
(or in the event of such persons’ death, his or her personal representative) 1014
who was or is a party or is threatened to be made a party to any threatened, 1015
pending, or completed civil, criminal, administrative, or investigative action, 1016
suit, or proceeding, by reason of the fact that such person is or was a 1017
trustee, Board of Directors’ member, or officer of the Association, or is or 1018
was serving at the written request of the Association as a trustee, Board of 1019
Directors’ member, officer, employee, member, manager, agent or 1020
volunteer of another Association, a limited liability company, partnership, 1021
joint venture, trust or other enterprise, or as a member of any committee or 1022
similar body, against all expenses, including attorney’s fees, judgments, 1023
penalties, fines and amounts paid in settlement actually and reasonably 1024
incurred in connection with such action, suit or proceeding (including 1025
appeals) or the defense or settlement thereof or any claim, issue or matter 1026
therein, to the fullest extent permitted by the laws of Ohio as they may exist 1027
from time to time. Such right shall include the right to be paid by the 1028
Association for expenses, including attorney’s fees, incurred in defending 1029
any such proceeding in advance of its final disposition; provided, however, 1030
that the payment of such expenses in advance of the final disposition of 1031
such proceeding shall be made only upon delivery to the Association of an 1032
undertaking, by or on behalf of such trustee, Board of Directors’ member or 1033
officer, in which such trustee, Board of Directors’ member or officer agrees 1034
to repay all amounts so advanced if it should be ultimately determined that 1035
such person is not entitled to be indemnified under this section or otherwise. 1036
1037
Section 2. Insurance. The proper officers of the Association, without 1038
further authorization by the Board of Directors, may, in their discretion, 1039
purchase and maintain insurance on behalf of any person who is or was a 1040
trustee, officer, employee or agent of the Association or is or was serving at 1041
the request of the Association as a trustee, officer, employee or agent for 1042
another association, partnership, joint venture, trust or other enterprise, 1043
against any liability. 1044
1045
Section 3. ERISA. To assure indemnification under this provision of all 1046
such persons who are or were “fiduciaries” of an employee benefit plan 1047
22
governed by the act of Congress entitled “Employee Retirement Income 1048
Security Act of 1974,” as amended from time to time, this Article shall, for 1049
the purposes hereof, be interpreted as follows: an “other enterprise” shall 1050
be deemed to include an employee benefit plan; the Association shall be 1051
deemed to have requested a person to serve an employee benefit plan 1052
where the performance by such person or his or her duties to the 1053
Association also imposes duties on, or otherwise involves services by, such 1054
person to the plan or participants or beneficiaries of the plan; excise taxes 1055
assessed against a person with respect to an employee benefit plan 1056
pursuant to said act of Congress shall be deemed “fines;” and action taken 1057
or omitted by a person with respect to an employee benefit plan in the 1058
performance of such person’s duties for a purpose reasonably believed by 1059
such person to be in the interest of the participants and beneficiaries of the 1060
plan shall be deemed to be for a purpose which is not opposed to the best 1061
interests of the Association. 1062
1063
Section 4. Contractual Nature. The foregoing provisions of this Article 1064
shall be deemed to be a contract between the Association and each 1065
trustee, Board of Directors’ member and elected officer who serves in such 1066
capacity at any time while this Article is in effect, and any repeal or 1067
modification thereof shall not affect any rights or obligations then existing 1068
with respect to any state of facts then or theretofore existing or any action, 1069
suit or proceeding theretofore or thereafter brought based in whole or in part 1070
upon any such state of facts. 1071
1072
Section 5. Construction. For the purpose of this Article, references to 1073
“the Association” include, in addition to the resulting Association, any 1074
constituent Association (including any constituent of a constituent) absorbed 1075
in a consolidation or merger which, if its separate existence had continued, 1076
would have had power and authority to indemnify its trustees, Board of 1077
Directors’ members and officers, so that any person who is or was a 1078
trustee, Board of Directors’ member or officer of such constituent 1079
Association or is or was serving at the request of such constituent 1080
Association as a Board of Directors’ member, officer, employee, member, 1081
manager, volunteer or agent of another Association, limited liability 1082
company, partnership, joint venture, trust or other enterprise or as a 1083
member of any committee or similar body shall stand in the same position 1084
under the provisions of this Article with respect to the resulting or surviving 1085
Association as he or she would have with respect to such constituent 1086
Association if its separate existence had continued. 1087
1088
Section 6. Additional provisions. The indemnification provided by this 1089
Article is not exclusive of, and shall be in addition to, any other rights 1090
granted to those seeking indemnification, pursuant to the Articles of 1091
Incorporation, this Constitution, the Bylaws, any agreement or otherwise. 1092
The Association may indemnify, or agree to indemnify, any person, and pay 1093
any expenses, including attorneys’ fees in advance of final disposition of 1094
any action, suit or proceeding, if such indemnification and/or payment is 1095
approved by vote of the disinterested Board of Directors’ member, or is in 1096
the opinion of independent legal counsel selected by the Board of Directors 1097
23
for an indemnitee who acted in good faith and in a manner he or she 1098
reasonably believed to be in, or not opposed to, the best interests of the 1099
Association. 1100
ARTICLE XII 1101
SAVINGS CLAUSE 1102
1103
If the Board of Directors, based on the advice of counsel, concludes that 1104
implementation of any provision of this Constitution, by the Bylaws, or the 1105
Standing Rules, as written, would be contrary to law, the Board shall direct 1106
that such provision be implemented in a manner that is, to the extent 1107
possible, both in compliance with the law and consistent with the intent and 1108
purpose of the provision as written. 1109
1110
BYLAWS 1111
OF THE OHIO EDUCATION ASSOCIATION 1112
1113
1. MEMBERS’ BILL OF RIGHTS 1114
1115
1-1. Proclamation. Believing that certain rights of individuals are derived 1116
from fundamental freedoms that must be universally recognized and 1117
respected, the Association proclaims this Members' Bill of Rights. 1118
1119
1-2. Rights as a Professional. As a member of the profession, the 1120
individual has the right: 1121
1122
a. To be licensed under professional and ethical standards 1123
established, maintained and enforced by that profession. 1124
1125
b. To maintain and improve individual professional competence. 1126
1127
c. To exercise professional judgment in presenting, interpreting and 1128
criticizing information and ideas, including controversial issues. 1129
1130
d. To influence effectively the formulation of policies and procedures 1131
which affect professional services, including curriculum, teaching 1132
materials, methods of instruction, and school-community relations. 1133
1134
e. To exercise individual professional judgment in the use of teaching 1135
methods and materials appropriate to the needs, interests, 1136
capacities, and the linguistic and cultural background of each 1137
student. 1138
1139
f. To safeguard information obtained in the course of professional 1140
service. 1141
1142
g. To work in an atmosphere conducive to learning, including the use 1143
of reasonable means to preserve the learning environment and to 1144
protect the health and safety of the students, of herself or himself, 1145
and others. 1146
1147
24
h. To express publicly his or her views on matters affecting education. 1148
1149
i. To attend and address legal governing bodies and to be afforded 1150
access to their minutes when official action may affect the 1151
individual's professional concerns. 1152
1153
1-3. Rights As An Employee. As an employee, the individual has the 1154
right: 1155
1156
a. To seek and be fairly considered for any position commensurate 1157
with the individual's qualifications. 1158
b. To retain employment in the absence of a showing of just cause for 1159
dismissal or non-renewal through fair and impartial proceedings. 1160
1161
c. To be fully informed in writing of rules, regulations, terms and 1162
conditions affecting the individual's employment. 1163
1164
d. To have conditions of employment in which the individual's health, 1165
security and property are adequately protected. 1166
1167
e. To influence effectively the development and application of 1168
evaluation procedures. 1169
1170
f. To have access to all written materials in the individual's personnel 1171
file except documents entered prior to original employment, to have 1172
documents placed in the individual's personnel file to rebut 1173
derogatory information, and to have removed false or unfair 1174
material through a clearly defined process. 1175
1176
g. To be free from arbitrary, capricious or discriminatory actions 1177
affecting the terms and conditions of the individual's employment. 1178
1179
h. To be advised promptly in writing of the specific reasons for any 1180
actions which might affect the individual's employment. 1181
1182
i. To be afforded due process through the fair and impartial hearing 1183
of grievances, including binding arbitration as a means of resolving 1184
disputes. 1185
1186
j. To be free from interference to form, join, or assist employee 1187
organizations to bargain collectively through representatives of his 1188
or her own choosing, and to engage in other concerted activities for 1189
the purpose of collective bargaining or other mutual aid or 1190
protection. 1191
1192
k. To withdraw services when reasonable procedures to resolve 1193
impasse have been exhausted. 1194
1195
2. MEMBERSHIP 1196
2-1. Classes. 1197
25
1198
a. There shall be seven (7) classes of membership in the 1199
Association: Active, Staff, Students, Retired, Life, Corporate, and 1200
Associate. Any member of an affiliated local Association shall be 1201
eligible for a class of membership in accordance with these 1202
Bylaws. 1203
1204
b. Membership is limited to any person who supports the principles 1205
and goals of the Association. 1206
1207
c. Active membership shall be open to any person: 1208
1209
(i) Who is employed by or in a public school district, public or 1210
private college or university, or other public institution devoted 1211
primarily to education, regardless of the specific nature of the 1212
functions that the person performs at the work site and 1213
regardless of who actually employs the person; (ii) Who is 1214
employed by a public sector employer other than a school 1215
district, college or university, or other institution devoted 1216
primarily to education but who is employed primarily to 1217
perform educational functions; (iii) Who is on limited leave of 1218
absence from the employment described in items (i) and (ii) 1219
above; or (iv) Who is serving as an executive officer of the 1220
Association, who is an active member of a local affiliated 1221
association, where eligible for membership in a local affiliated 1222
Association, and who is not eligible for any other class of 1223
membership as defined herein. The Association shall 1224
continue to allow active membership to those active members 1225
(i) who have been laid off due to a reduction in force for as 1226
long as such persons are eligible to be recalled, or for three 1227
(3) years, whichever is longer; or (ii) who have been 1228
discharged for as long as a legal challenge to such discharge 1229
is pending, who agrees to adhere to the Code of Ethics of 1230
the Education Profession, and who maintains membership 1231
in local and district affiliates and the NEA where eligible, and 1232
who is not eligible for any other class of membership as 1233
defined herein. 1234
1235
d. Staff membership shall be open to any person employed by the 1236
Association or any of its affiliates in a professional staff position. 1237
1238
e. Student membership shall be open to any student, undergraduate 1239
or graduate, enrolled in a teacher-education program in an 1240
accredited college or university in the State of Ohio. Such member 1241
shall not currently hold nor previously have held an employment 1242
contract with any educational institution, which would qualify the 1243
member for an active membership. 1244
1245
f. Retired membership shall be open to any officially retired person 1246
who has held active membership in the Association for at least one 1247
26
(1) year and who has retired through a State Retirement System in 1248
Ohio. Retired life memberships shall be available to retired 1249
members and shall entitle the member for life to those rights and 1250
privileges of a retired member as the latter may, from time to time, 1251
be determined by the OEA Constitution and Bylaws. Retired life 1252
memberships shall also be available to active members and shall, 1253
upon retirement, entitle the member for life to those rights and 1254
privileges of a retired member as the latter may, from time to time, 1255
be determined by the OEA Constitution and Bylaws. Retired 1256
membership provides no entitlement to the rights, privileges, or 1257
benefits of active membership class. Further, a retired member 1258
who becomes employed by or in a public school district, public or 1259
private college or university, or other public institution devoted 1260
primarily to education, if eligible, must seek active membership in 1261
the OEA. The member will be placed in the proper membership 1262
class as outlined in Bylaw 2-1 with full membership rights and will 1263
be assessed the appropriate dues for that membership class 1264
regardless of eligibility for retired membership status pursuant to 1265
Bylaw 2-1. 1266
1267
g. Life membership shall be open to a person who has purchased for 1268
life, those rights and privileges of an active member as the latter 1269
may, from time to time, be determined by the OEA Constitution and 1270
Bylaws. Effective September 1, 1977, the privilege of newly 1271
enrolling as a Life member of the Association is withdrawn. 1272
1273
h. Any corporation, which supports the goals and principles of the 1274
Association, shall be eligible for corporate membership upon the 1275
approval of the Board of Directors. 1276
1277
i. Associate membership shall be open to any person who is 1278
interested in advancing the cause of public education but who is 1279
not employed by an educational institution, agency, or organization 1280
and who is not eligible for any other class of membership in the 1281
Association. 1282
1283
j. A member may appeal the assigned class of membership. 1284
1285
2-2. Rights and Limitations 1286
1287
a. The right to vote and to hold elective office or appointive position 1288
shall be limited to active members except as otherwise provided in 1289
the Constitution and Bylaws. Life members actively engaged in the 1290
profession of education in Ohio shall enjoy all the rights and 1291
privileges of active membership. 1292
1293
b. All members shall be eligible for OEA services, assistance in the 1294
protection of professional and civil rights, and the receiving of 1295
reports and publications of the Association. 1296
1297
27
c. Membership shall be continuous unless terminated for cause. 1298
1299
d. Any member who changes professional or occupational position 1300
shall be transferred to the class of membership applicable to that 1301
new position. A member shall not remain in a class of membership 1302
for which the individual is no longer eligible. 1303
e. Members who fail to adhere to any of the conditions of 1304
membership as stated in Article II of the Constitution shall be 1305
subject to censure, suspension, or expulsion. 1306
1307
f. Student members shall be eligible to be voting delegates to the 1308
Representative Assembly. 1309
1310
2-3. Membership Year. The membership year shall be from September 1 1311
through August 31. 1312
1313
2-4. Membership Dues. 1314
1315
a. Except as provided in Bylaw 2, Sections 2-1(g), 2-4(e), and 2-4(f) 1316
dues of active members who are educators, including school 1317
nurses and pupil personnel workers, shall be .0076 per dollar of the 1318
average salary for elementary and secondary public school class-1319
room teachers in Ohio as established by the Ohio Department of 1320
Education for the second year prior to the budget year rounded to 1321
the nearest dollar, and an additional service fee which shall be 1322
.0010 per dollar of the average salary for elementary and 1323
secondary public school classroom teachers in Ohio for the second 1324
year prior to the budget year rounded to the nearest dollar to be 1325
allocated to the support of the UniServ Delivery System. Such 1326
dues shall be a uniform figure for all members, except that the 1327
Board of Directors shall determine in OEA policy those exceptions 1328
when pro rata dues will be established for persons who are eligible 1329
for membership in an affiliated local Association after the 1330
commencement of a membership year and except for those 1331
members in local affiliated Associations wherein an organization 1332
which is not an affiliated part of the United Education Profession 1333
has been certified as the sole and exclusive representative of such 1334
employees in the employment unit. In such affiliates, the annual 1335
OEA membership dues for active members shall be one-half of the 1336
regular active dues for a period not to exceed three (3) consecutive 1337
years, except where such affiliates retain as members at least 1338
twenty-five percent of the employees in the bargaining unit or 1339
proposed bargaining unit and where certification of the affiliate as 1340
exclusive representative is considered viable. The Board of 1341
Directors shall prescribe criteria for annually granting half-dues 1342
status, which shall be uniformly applied. Each spring, the 1343
membership enrollment, cost of rendering service to such locals, 1344
and the contractual status of each such affiliate shall be subject to 1345
review by the OEA Board of Directors. At that time, the OEA Board 1346
of Directors may renew the half-dues provision for the subsequent 1347
28
membership year pursuant to the prescribed criteria. Unless 1348
renewed, the half-dues status shall automatically terminate. 1349
1350
b. Dues for staff members, members who are eligible for active 1351
membership who are regularly employed for fifty (50) percent or 1352
less, but greater than twenty-five (25) percent of the normal 1353
schedule for a full-time employee, and who are not eligible for 1354
membership through another local association (as verified by the 1355
local association) or who are education support professionals or 1356
associate members shall be one-half (1/2) of the active dues. 1357
Dues for members who are eligible for active membership who are 1358
regularly employed for twenty-five (25) percent or less of the 1359
normal schedule for a full-time employee, and who are not eligible 1360
for membership through another local association (as verified by 1361
the local association) shall be one-quarter (1/4) of the active dues. 1362
1363
c. Dues for student members, retired members and corporate 1364
members shall be established annually by the Board of Directors. 1365
1366
d. The Business/Support/Administration Board of Directors Core 1367
Function Committee, or a subcommittee thereof, shall propose a 1368
budget setting forth and utilizing the dollar amount of dues 1369
established pursuant to paragraph (a) of this section. The 1370
amount of dues may be increased or decreased by action of the 1371
Representative Assembly when adopting the budget. A proposal 1372
to amend the budget to increase or decrease the amount of dues 1373
as set forth in the proposed budget shall be submitted to the 1374
Referral Committee of the Representative Assembly, and shall be 1375
received in writing by the delegates not later than the first recess 1376
of the first day of the Spring Representative Assembly at which a 1377
budget is being considered. Such a proposal shall include a 1378
statement identifying those line item(s) in the proposed budget 1379
where revenue and expenditures are to be increased or 1380
decreased as a result of the proposal. Action on such a proposal 1381
shall be by a majority vote of the delegates present and voting. 1382
1383
e. For the 2007-2008 membership year only, the annual 1384
membership dues for active members of the Association, as 1385
computed pursuant to Bylaw 2-4(a), shall be increased by twenty 1386
five dollars ($25.00). This dues increase shall be allocated to the 1387
fund used to advance OEA’s strategies related to achieving the 1388
successful passage of a school funding initiative on a state-wide 1389
ballot.1 Upon completion of the ballot amendment vote, funds not 1390
expended shall be allocated to a crisis fund. Thereafter, any 1391
expenditure from such fund shall require the approval of the OEA 1392
1 OEA did not implement the $25.00 per member one-time dues increase to promote the school funding constitutional amendment for fiscal year 2007-2008, based on the coalition’s decision not to place the amendment on the November 2007 ballot.
29
Board of Directors. 1393
1394
f. The OEA Board of Directors shall establish dues for active 1395
members who are organized pursuant to a joint organizing 1396
agreement between OEA and another union. 1397
1398
2-5. Dues Transmittal and Enforcement Procedures. 1399
1400
a. The Association shall enter into written contracts with affiliates 1401
governing the transmittal of dues. 1402
1403
b. Affiliated District Association dues shall be collected by the 1404
Association and refunded to the District Association. 1405
1406
c. An affiliate which becomes delinquent in its contracted transmittal 1407
schedule by more than thirty (30) days shall be assessed a penalty 1408
of one (1) percent per month on the overdue balance. 1409
1410
d. Thirty (30) days prior to the Fall Representative Assembly 1411
adjustments directly proportionate to the dues transmitted shall be 1412
made in the number of delegates to the Representative Assembly 1413
for failure to meet the provisions of contracted transmittal 1414
schedules. 1415
1416
2-6. Expulsion of Members. The Board of Directors may initiate an action 1417
for expulsion of any OEA member. Upon initiation of an action for 1418
expulsion of any member, the Board of Directors or a subcommittee of 1419
the Board of Directors will conduct an investigation and make written 1420
recommendations to the Board. The member shall be notified of all 1421
charges and shall have the opportunity to appear before the Board 1422
prior to final action to present evidence on his or her own behalf. The 1423
member shall have the opportunity to confront and cross-examine any 1424
accuser or any other witnesses against him or her; examine and refute 1425
all evidence considered by the Board, whether or not such evidence is 1426
presented at the hearing, and be accompanied and represented by 1427
legal counsel. The member shall be notified in writing about the final 1428
action taken by the Board. 1429
1430
3. DEFINITIONS 1431
1432
3-1. Education Professionals. For the purpose of membership 1433
classification, an education professional shall be one who: 1434
1435
a. Has as a major responsibility the instruction or guidance of pupils 1436
in the elementary or secondary school and has no staff-evaluation 1437
duties requiring that the educator be certificated as an 1438
administrator or supervisor; or, 1439
1440
b. Is on released time or leave-of-absence from a position described 1441
above to serve an affiliated Association; or, 1442
30
1443
c. Is a member of an affiliated local association which has at least 1444
seventy-five (75) percent of its members qualifying under section 1445
3-1a above; or, 1446
1447
d. Is an educator who is employed in the elementary or secondary 1448
schools or central offices and has staff-evaluation duties requiring 1449
that the educator be certified as an administrator or supervisor, or 1450
who is employed in a professional position in post-secondary 1451
education and has faculty evaluation duties. 1452
1453
e. Education Support Professionals. For the purpose of membership 1454
classification, education professionals shall include education 1455
support professionals. 1456
1457
3-2. Higher Education. For the purpose of membership classification, 1458
Higher Education shall include anyone employed in a professional 1459
position in post-secondary education who has no faculty evaluation 1460
duties. 1461
1462
3-3. OEA Retired. For the purpose of membership classification, OEA 1463
Retired shall include anyone receiving retirement benefits through a 1464
State Retirement System in Ohio and meeting the provisions of 1465
membership established in Bylaw 2-1f. 1466
1467
4. REPRESENTATIVE ASSEMBLY 1468
1469
4-1. Meetings. 1470
1471
a. The semi-annual meetings of the Representative Assembly shall 1472
be held in the fall and spring. 1473
1474
(1) The Fall meeting shall convene to adopt a legislative program 1475
and conduct necessary business. 1476
1477
(2) The Spring meeting shall convene to evaluate the legislative 1478
program, act on its items of new business, act on resolutions, 1479
elect officers of the Association, and, in even-numbered 1480
years, adopt the budget. 1481
1482
(3) Special sessions of the Assembly may be called by: 1483
1484
(i) The Board of Directors upon a two-thirds (2/3) vote; or, 1485
1486
(ii) The President, upon a petition signed by one-third of the 1487
delegates. The petition shall specify the purpose of the 1488
Special Representative Assembly. This special session 1489
must be convened within 30 days after such petition is 1490
officially filed with the Executive Director. The agenda of 1491
such special session shall include the stated purpose of 1492
31
the petition. 1493
1494
b. The Representative Assembly shall organize with the President of 1495
the Association as presiding officer, and shall immediately receive 1496
the report of the Convention Committee. 1497
1498
c. A trained and experienced parliamentarian shall be in attendance 1499
at all meetings of the Representative Assembly. Said 1500
parliamentarian shall not be a member of the governance or staff 1501
structure of the Ohio Education Association. 1502
1503
4-2. Functions. The Representative Assembly shall: 1504
1505
a. Establish Association policies and objectives. 1506
1507
b. Elect the at-large members of the Board of Directors, including the 1508
President, the Vice-President, the Secretary-Treasurer, and the 1509
NEA Directors, as provided in these Bylaws. 1510
1511
c. Establish dues. 1512
1513
d. Adopt the Association budget. 1514
1515
e. Adopt the rules and agenda governing its meetings. 1516
1517
f. Amend the Articles of Incorporation, The Constitution and Bylaws 1518
as provided herein. 1519
1520
g. Enact such other measures as may be necessary to achieve the 1521
goals and objectives of the Association so long as such measures 1522
are not in conflict with the Articles of Incorporation, the Constitution, 1523
or the Bylaws. 1524
1525
4-3. Allocation of Delegates. 1526
1527
a. Education Professional Units 1528
1529
(1) Allocation of delegates shall be on the basis of active 1530
membership in the Association. Those active members shall 1531
be counted whose current annual dues have been paid or are 1532
in the process of collection. 1533
1534
(2) Allocation of delegates will be in the ratio of one delegate and 1535
one alternate for each fifty (50) active members of the 1536
Association or major (defined as “more than 50 percent”) 1537
fraction thereof in each electoral unit. From such allocation 1538
local affiliates will then be allotted one delegate and alternate 1539
per fifty (50) active members of the Association or major 1540
fraction thereof, except that each local affiliate shall be 1541
allotted at least one delegate and alternate on the basis of the 1542
32
previous year's membership. Local delegates will be seated 1543
at the Representative Assembly in accordance with 4-3a(1). 1544
When local membership increases sufficiently to qualify for an 1545
additional delegate(s), the elected alternate(s) shall be seated 1546
as a delegate(s). 1547
1548
(3) Remaining delegates and alternates allocated to each unit 1549
shall be elected at-large within the unit by all members of the 1550
Association within the unit. Delegates elected by this 1551
procedure shall be those with the highest number of votes, 1552
except that when the ethnic-minority delegates elected by 1553
other means fall below the proportion of ethnic-minority 1554
members within that unit, sufficient ethnic-minority members 1555
shall be elected to comply with Ethnic-Minority 1556
Representation. 1557
1558
b. Higher Education Units 1559
1560
(1) Delegates shall be allocated in the same manner as 4-3a(1) 1561
above. 1562
1563
(2) Allocation of delegates will be in the ratio of one delegate and 1564
one alternate per fifty (50) active members of the Association 1565
or major fraction thereof in the unit to be allotted by a plan 1566
devised by the Division of Higher Education. 1567
1568
(3) Remaining delegates and alternates shall be allocated in the 1569
same manner as 4-3a(3) above. 1570
1571
c. Student Units 1572
1573
(1) Allocation of delegates shall be on the basis of student 1574
membership in the Association. Those student members 1575
shall be counted whose current annual dues have been paid 1576
or are in the process of collection. 1577
1578
(2) Allocation of delegates will be in the ratio of one delegate and 1579
one alternate per two hundred (200) student members of the 1580
Association or major fraction thereof to be allotted to 1581
subdivisions as determined by the Ohio Student Education 1582
Association Division in the following manner: one delegate per 1583
two hundred (200) student members of the Association or 1584
major fraction thereof. 1585
1586
(3) Remaining delegates and alternates shall be allocated in the 1587
same manner as 4-3a(3) above. 1588
1589
d. Retired Units 1590
1591
(1) Allocation of delegates shall be on the basis of retired 1592
33
membership in the Association. Those retired OEA members 1593
shall be counted whose current annual dues have been paid 1594
or are in the process of collection. 1595
1596
(2) Allocation of delegates will be in the ratio of one delegate and 1597
one alternate per two hundred (200) retired members of the 1598
Association, or major fraction thereof. 1599
1600
4-4. Officers. Unless elected as a delegate by a secret ballot of the 1601
membership, officers of the Association shall have all the rights of a 1602
delegate except the right to vote in elections for officers and dues 1603
increases. 1604
1605
4-5. Presidents of District Associations. Unless elected as a delegate 1606
by a secret ballot of the membership, Presidents of District 1607
Associations, by virtue of their office, shall have all the rights of a 1608
delegate, except the right to vote in elections for officers and dues 1609
increases. 1610
1611
4-6. Past Presidents. Unless elected as a delegate by a secret ballot of 1612
the membership, each Past President, except a Past President who is 1613
a "supervisor" or is a "management level employee" as defined in 1614
O.R.C. 4117.01 for an employer which engages in collective 1615
bargaining against an affiliate of the Association, shall be designated 1616
as a delegate ex officio to all Representative Assembly meetings, 1617
except the delegate shall not have the right to vote in elections for 1618
officers and dues increases. Each Past President shall receive 1619
delegate expense upon attendance at each meeting. 1620
1621
4-7. Size Limitation. The maximum size of the Representative Assembly 1622
shall be determined in accordance with Bylaw 4-3. 1623
1624
4-8. Delegate Guarantees. 1625
1626
a. When the allocations of delegates in Education Professional units 1627
have been completed in accordance with the provisions of Bylaw 4-1628
3, the number of delegates allocated to the unit may be increased 1629
only if the membership of a local association within the unit 1630
increases sufficiently to qualify an additional delegate(s). Such 1631
increase shall be limited to that unit for that year and not affect the 1632
allocation of delegates in any other unit. 1633
1634
b. A local association established and affiliated subsequent to 1635
November 1 in any year shall be granted the opportunity to elect 1636
delegates to attend the next scheduled session of the 1637
Representative Assembly providing the results of their election 1638
shall be received by OEA Secretary-Treasurer at least 30 days 1639
prior to such session and that all other requirements of the 1640
Constitution and Bylaws shall have been met. The certification of 1641
such delegates shall not change the delegate allotment of the unit. 1642
34
1643
4-9. Election and Certification of Delegates. 1644
1645
a. All candidates for delegates and alternates to the OEA 1646
Representative Assembly shall be active members of local affil-1647
iated associations where eligible for membership, affiliated district 1648
association, the OEA and the NEA. 1649
1650
b. Nomination for delegates to the OEA Representative Assembly 1651
shall be by declaration of intent or by nominating committee or by 1652
nomination from the floor, where applicable. 1653
1654
c. All delegates and alternates shall be elected annually for one year 1655
terms. Candidates shall be eligible to seek election only within 1656
their designated unit of representation. Alternates shall be those 1657
candidates for delegate status who did not receive sufficient votes 1658
to be elected as delegates within the number of delegates allotted. 1659
The selection of alternates for elected delegates shall be made by 1660
ranking the remaining candidates according to the highest number 1661
of votes received. 1662
1663
d. By September 1, the Secretary-Treasurer shall notify the president 1664
of each local affiliate of the number of delegates to which it is 1665
entitled (Bylaw 4-3). Elections shall be held not later than October 1666
10 of each year. Not later than October 15 of each year, the 1667
president of each affiliated local association shall certify to the 1668
Secretary-Treasurer, on a form provided, the eligibility of each 1669
delegate and alternate. Upon receipt of the eligibility form, 1670
temporary credentials shall be sent to each delegate and alternate. 1671
1672
e. Delegates shall serve until their successors have been elected and 1673
certified. In case any delegate is not officially seated at the OEA 1674
Representative Assembly, an alternate may be certified by the 1675
Credentials Committee to exercise all rights and privileges of said 1676
absent delegate. 1677
1678
f. Education Professional Unit. 1679
1680
(1) The President of the affiliated local education association, 1681
which has been allotted a delegate or delegates to the 1682
Representative Assembly, shall name an election committee 1683
of three OEA members from the affiliated local association. 1684
This committee of three shall supervise the nomination of 1685
candidates and arrange for the election of delegates and 1686
alternates in their local affiliates according to the local 1687
affiliates' constitutional provisions for elections unless 1688
otherwise provided herein. 1689
1690
(2) The election shall be by secret ballot of the members. 1691
1692
35
(3) An affiliated local association may designate the President 1693
and/or Vice-President (President-Elect) of the local affiliated 1694
association a delegate (by virtue of office) to the 1695
Representative Assembly. The affiliated local association 1696
must place authorization for designating the President and/or 1697
Vice-President (President-Elect) as a delegate in its 1698
constitution. Such ballot shall include a statement indicating 1699
those delegates named by virtue of their office in the local 1700
affiliated education association constitution. 1701
1702
(4) Election of At-Large Delegates in the Unit. 1703
1704
(a) The OEA Convention Planning Standing Committee 1705
members shall supervise the nomination of candidates 1706
and arrange for the election of at-large delegates and 1707
alternates. 1708
1709
(b) The election shall be by secret ballot of the members. 1710
1711
g. Election of Delegates in the Higher Education Unit. 1712
1713
(1) The nomination and election procedure for this unit shall be 1714
provided under the rules and regulations of the division. 1715
1716
(2) The election shall be by secret ballot of the members. 1717
1718
h. Election of Delegates in the Ohio Student Education Association 1719
Unit. 1720
1721
(1) The nomination and election procedure for this unit shall be 1722
provided under the rules and regulations of the division. 1723
1724
(2) The election shall be by secret ballot of the members. 1725
1726
i. Election of Delegates in the Division of OEA Retired Members. 1727
1728
(1) The nomination and election procedure for this unit shall be 1729
provided under the rules and regulations of the division. 1730
1731
(2) The election shall be by secret ballot of the members. 1732
1733
4-10. Duration of New Business Items. 1734
1735
a. New business items, which do not specify a termination date, will 1736
be in effect until the adjournment of the Representative Assembly 1737
three years from the date of their adoption. 1738
1739
b. A new business item may be extended through the adoption of a 1740
separate new business item or incorporated into OEA policy during 1741
the period in which it is in effect. 1742
36
1743
5. OFFICERS 1744
1745
5-1. Officers. All elected officers shall be members of the NEA, OEA, 1746
affiliated district association, and local affiliate if eligible for 1747
membership. 1748
1749
5-2. Nomination and Elections of Officers. 1750
1751
a. Nominations for elected officers shall be by declaration of intent by 1752
the candidates sent to the Secretary-Treasurer at least seventy-five 1753
(75) days prior to the election, by the Nominations Committee, at 1754
least forty-five (45) days prior to the election, or by nomination from 1755
the floor of the OEA Spring Representative Assembly or 1756
appropriate District Representative Assembly. 1757
1758
b. The President, Vice-President, and Secretary-Treasurer, shall be 1759
elected by the delegates to the Spring Representative Assembly. 1760
The President shall upon election, be declared elected First 1761
Alternate Ohio NEA Director. The Vice-President shall, upon 1762
election, be declared elected Second Alternate Ohio NEA Director. 1763
The Secretary-Treasurer shall, upon election, be declared elected 1764
Third Alternate Ohio NEA Director. Each at-large member of the 1765
Board of Directors shall upon election be declared elected as an 1766
Alternate Ohio NEA Director. 1767
1768
5-3. Powers and Duties of the President. 1769
1770
The President shall serve as an officer of the Association and shall: 1771
1772
a. Represent the Association as spokesperson on matters of policy, 1773
or at his or her discretion, assign responsibility for such 1774
representation. 1775
1776
b. Cause to be prepared the agenda for the governing bodies of the 1777
Association and any program for the Representative Assembly. 1778
1779
c. Appoint all chairpersons and members of all committees of the 1780
Board of Directors, with the approval of the Board of Directors. 1781
1782
d. Appoint members of all member committees, with the approval of 1783
the Board of Directors. 1784
1785
e. Serve as chairperson of the Reapportionment Committee. 1786
1787
f. Serve as an ex officio member, without voting rights, on all member 1788
committees and subcommittees of the Board of Directors. 1789
1790
g. Review Association policies and recommend priorities to be 1791
considered by the Board of Directors. 1792
37
1793
h. Meet with the Board of Directors in accordance with the adopted 1794
calendar or at such other times as determined by the Board of 1795
Directors. 1796
1797
i. Preside over sessions of the Board of Directors as chair of the 1798
Board of Directors, and preside over the Representative Assembly 1799
with the authority to vote in the Board of Directors and 1800
Representative Assembly in case of a tie vote. 1801
1802
5-4. Powers and Duties of the Vice-President. 1803
1804
The Vice-President shall serve as an officer of the Association and 1805
shall: 1806
1807
a. Act for the President when the President is unable to perform the 1808
duties of that office. 1809
1810
b. Serve as chairperson of the Legislative Committee and oversee 1811
legislative policy. 1812
1813
c. Perform the duties as stipulated herein and as designated by the 1814
President. 1815
1816
5-5. Powers and Duties of the Secretary-Treasurer. 1817
1818
The Secretary-Treasurer shall serve as an officer of the Association 1819
and shall: 1820
1821
a. Serve as secretary to the Representative Assembly and Board of 1822
Directors and be responsible for preparing records of all official 1823
meetings and distributing the minutes of all such meetings. 1824
1825
b. Be the official secretary and NEA delegate, if eligible, of the Ohio 1826
delegation at the NEA Representative Assembly. 1827
1828
c. Keep the official seal of the Association. 1829
1830
d. Notify local affiliates and other qualified organizations of the 1831
number of Representative Assembly delegates to which they are 1832
entitled. 1833
1834
e. Issue temporary delegate credentials to each delegate and 1835
alternate. 1836
1837
f. Preserve the credentials of the delegates, all minutes, and other 1838
records pertaining to the election of officers and the transaction of 1839
business at Representative Assemblies. 1840
1841
g. Oversee preparation of the budget authorized by the governing 1842
38
bodies of the Association, and make regular reports to the Board of 1843
Directors and the Representative Assembly regarding the financial 1844
condition of the Association. 1845
1846
h. Perform other duties as stipulated by the Constitution, Bylaws and 1847
by the President. 1848
1849
i. Serve as chairperson of the Business/Support/Administration 1850
Board of Directors’ Core Function Committee. 1851
1852
j. Deliver to the Board of Directors, an annual report of the General 1853
Fund, as prepared by Association staff, including income and 1854
expenditures for the fiscal year. 1855
1856
k. Have the right of access to any and all financial information and 1857
documents of the OEA and its subsidiary corporations and trusts. 1858
1859
5-6. Salaries and Expenses of Officers. 1860
1861
a. The President shall serve the Association on a full time and paid 1862
basis. The President's salary shall be established as 2.6 times the 1863
average salary of classroom teachers in Ohio for the second year 1864
prior to the budget year. 1865
1866
b. The Vice-President shall serve the Association on a full time and 1867
paid basis. The Vice-President’s salary shall be established as 2.2 1868
times the average salary of classroom teachers in Ohio for the 1869
second year prior to the budget year. 1870
1871
c. The Secretary-Treasurer shall serve the Association on a full time 1872
and paid basis. The Secretary-Treasurer's salary shall be 1873
established as 2.2 times the average salary of classroom teachers 1874
in Ohio for the second year prior to the budget year. 1875
1876
d. Officers may be compensated for reasonable expenses incurred 1877
on behalf of the Association in the course of performing their duties 1878
as Officers and pursuant to policies established from time to time 1879
by the Board of Directors. 1880
1881
6. EXECUTIVE DIRECTOR AND STAFF 1882
1883
6-1. Executive Director. The Executive Director is designated as the 1884
operational and administrative officer of the Association. 1885
1886
6-2. Powers. 1887
1888
a. Except as otherwise described herein, the Executive Director has 1889
the responsibilities described in Chapter 1702 of the Ohio Revised 1890
Code, as amended. The Executive Director shall have general and 1891
active supervision, direction, and control of the operation and staff 1892
39
of the Association under the direction of the Board of Directors. 1893
1894
b. The Executive Director shall: 1895
1896
(1) Insure that the official actions of the Board of Directors and 1897
the Representative Assembly are implemented, and shall 1898
have such other powers and duties with respect to the 1899
administration of the affairs of the Association. 1900
1901
(2) Serve as a consultant to the Board of Directors and 1902
Representative Assembly of the Association. 1903
1904
c. Advise the Board of Directors and Representative Assembly on all 1905
policy matters through appropriate reports and recommendations. 1906
1907
d. Be responsible to furnish each member appropriate evidence of 1908
membership. 1909
1910
e. Meet regularly with the Officers to confer on Association policies, 1911
procedures, and programs. 1912
1913
f. Employ, direct and supervise all Association staff. 1914
1915
g. Employment of professional staff by the Executive Director shall be 1916
with the approval of the Board of Directors. 1917
1918
h. Be responsible for the conduct of any collective bargaining with 1919
representatives of Association staff. 1920
1921
i. Conduct collective bargaining on behalf of the Association. 1922
1923
j. Perform such other duties as may be assigned by the Board of 1924
Directors or Representative Assembly. 1925
1926
6-3. Staff. 1927
1928
a. Local, district, state, and national staff shall be eligible only for staff 1929
membership and shall not hold elective or appointive positions at 1930
any level. 1931
1932
b. The Association shall be an equal opportunity employer. 1933
1934
c. The Association shall, as vacancies arise, employ at least the 1935
same ratio of any ethnic-minority, as is that ethnic-minority to the 1936
total population of the State of Ohio. 1937
1938
d. The Association shall recognize the right of its employees to 1939
organize for the purpose of collective bargaining. 1940
1941
6-4. Staffing Patterns. 1942
40
1943
a. The Association shall develop procedures for serving all members. 1944
1945
b. Local, district, departmental and non-governance affiliate staff will 1946
be allocated on an equitable basis with negotiated financial 1947
participation by the national, state and affiliate to which staff is 1948
assigned. 1949
1950
6-5. Headquarters. The headquarters of the Association shall be in 1951
Columbus, Ohio. 1952
1953
7. APPEALS BOARD 1954
1955
7-1. Powers. The Appeals Board may: 1956
1957
a. Interpret all documents under their jurisdiction; 1958
1959
b. Censure, suspend or expel any member or affiliate for just cause; 1960
1961
c. Vacate censure; 1962
1963
d. Reinstate a suspended or expelled member or affiliate; 1964
1965
e. Act in original jurisdiction in recall proceedings against officers or 1966
members of the Board of Directors; 1967
1968
f. Act on charges brought against the Board of Directors for 1969
exceeding the powers granted; 1970
1971
g. Set aside any election of officers or OEA delegates found not to 1972
have been conducted pursuant to this Constitution and Bylaws. 1973
1974
8. DIVISIONS AND COMMITTEES 1975
8-1. Divisions. 1976
1977
a. There shall be four Divisions within the Association: the Division of 1978
Education Professionals, the Division of Higher Education, the 1979
Ohio Student Education Association Division, and the Division of 1980
OEA Retired. 1981
1982
b. The remainder of Bylaw 8-1 applies to the Division of Higher 1983
Education, the Ohio Student Education Association Division, and 1984
the Division of OEA Retired: 1985
1986
(1) The Division shall elect from its membership a chairperson 1987
and such other officers, as it deems necessary. 1988
1989
(2) The Division shall elect from its membership representatives 1990
to serve on a guidance body of that Division. That guidance 1991
body shall be named in the guidelines of the Division. 1992
41
1993
(3) The guidelines of the Division shall: 1994
1995
(i) Be subject to the approval of the OEA Board of Directors; 1996
1997
(ii) State the purposes and objectives of the Division; 1998
1999
(iii) Identify the membership of the Division; 2000
2001
(iv) Identify the officers of the Division, their method of 2002
election, their terms of office, and their duties; 2003
2004
(v) Identify the guidance body, its method of election, terms 2005
of office and duties; 2006
2007
(vi) Provide for an annual meeting of its membership or 2008
representatives thereof, such meetings to be held in 2009
conjunction with the OEA Spring Representative 2010
Assembly; 2011
2012
(vii) Provide for the preparation of a budget for presentation 2013
to the OEA Board of Directors; 2014
2015
(viii) Provide for their amendment. 2016
2017
8-2. Functions of the Divisions. 2018
2019
a. The Division of Education Professionals shall be responsible for 2020
devising and implementing instructional programs to enhance the 2021
professional abilities of its members. Such programs shall not 2022
duplicate those being scheduled by other OEA Committees, but 2023
may complement them. 2024
2025
b. The Division of Higher Education shall be responsible for devising 2026
and implementing instructional programs to enhance the 2027
professional abilities of its members, shall advocate the interests of 2028
its members within the OEA, and recommend members to be 2029
appointed to any Committees. 2030
2031
c. Ohio Student Education Association Division shall provide a 2032
structure for the participation of teacher education students within 2033
the Association, identify the needs and concerns of its members, 2034
and devise and implement programs to enhance the professional 2035
abilities of its members. 2036
2037
d. The Division of OEA Retired shall provide a structure for the 2038
participation of the retired members, identify the needs and 2039
concerns of those members, and devise and implement programs 2040
through the Association to enhance the status of these members. 2041
2042
42
8-3. Committees. 2043
2044
a. Member committees shall include Core Function Committees, 2045
Standing Committees, Special Standing Committees, and Ad Hoc 2046
Committees. 2047
2048
(1) The Core Function Committees shall be: the Collective 2049
Bargaining Core Function Committee, the Member Rights and 2050
Protection Core Function Committee, the Professional 2051
Efficacy Core Function Committee, the Local Development 2052
and Training Core Function Committee, and the Organizing 2053
Strategy Core Function Committee. 2054
2055
(2) The Standing Committees shall be: the Legislative 2056
Committee, the Resolutions Committee, and the Convention 2057
Planning Committee. 2058
2059
(3) The Special Standing Committees shall be: the Audit 2060
Committee, the Reapportionment Committee, and the 2061
Nominations Committee. 2062
2063
b. Committee members shall be appointed for each Core Function 2064
and Standing Committee by the President from a slate of 2065
recommended names presented by the governing body of each 2066
District Association submitted on or before May first (1st) annually, 2067
at the ratio of 1 per 8,000 members, or major fraction thereof, of 2068
each District. 2069
2070
(1) By May first (1st) of each year, the Advisory Councils of the 2071
Division of Higher Education, Division of OEA Retired, the 2072
Ohio Student Education Association Division, the Executive 2073
Board of the Doris L. Allen Minority Caucus, the Executive 2074
Committee of the State Council of Professional Educators, 2075
the Executive Committee of the Women's Caucus, the 2076
Executive Committee of the Gay, Lesbian, Bisexual, and 2077
Transgendered Caucus, the Chairperson of the Education 2078
Support Professionals Department, and the Chairperson of 2079
the Developmental Disabilities (DD) Department shall submit 2080
a slate of recommended names of members for consideration 2081
by the OEA President. 2082
2083
(2) The Board of Directors shall also cause the availability of any 2084
open committee positions to be published in appropriate OEA 2085
communications, which are accessible to the membership of 2086
the affected constituency. 2087
2088
c. Each committee shall be composed of: 2089
2090
(1) At least one (1) member of each District Association for a 2091
term of three (3) years. 2092
43
2093
(2) One (1) member from the Division of Higher Education for a 2094
term of three (3) years. 2095
2096
(3) One (1) member from the Division of OEA Retired for a term 2097
of three (3) years. 2098
2099
(4) One (1) member from the Ohio Student Education 2100
Association Division for a term of one (1) year. 2101
2102
(5) One (1) member from the Doris L. Allen Minority Caucus for a 2103
term of three (3) years. 2104
2105
(6) One (1) member from the Women's Caucus for a term of 2106
three (3) years. 2107
2108
(7) One (1) member from the State Council of Professional 2109
Educators for a term of three (3) years. 2110
2111
(8) One (1) Education Support Professional Department member 2112
for a term of three (3) years. 2113
2114
(9) One (1) Developmental Disabilities (DD) Department Member 2115
for a term of three (3) years. 2116
2117
(10) One (1) member from the Gay, Lesbian, Bisexual, and 2118
Transgendered Caucus for a term of three (3) years. 2119
2120
d. Each committee must be composed of a cross-section of the 2121
membership, taking into consideration the OEA EEO policy, plus 2122
age and experience, rural, suburban or urban residency, work 2123
assignments, political and geographical composition of the state 2124
and such other factors as may be determined by the Board of 2125
Directors to be necessary. The President may appoint up to three 2126
(3) additional members to any committee, if necessary, to achieve 2127
a desirable balance of skill, interest and demographic 2128
representation on each committee. Committee members should 2129
be skilled and interested in the area of emphasis for which his or 2130
her assigned committee is responsible. 2131
2132
e. No one member shall serve more than two (2) consecutive terms. 2133
2134
f. One-third (1/3) of the members of each committee shall be 2135
appointed annually. 2136
2137
g. The Resolutions Committee shall include the Ohio members of the 2138
NEA Resolutions Committee as voting members. 2139
2140
h. Each committee shall select its own chairperson as provided 2141
herein. 2142
44
2143
i. A staff consultant and support assistance shall be provided to each 2144
committee. 2145
2146
j. The committee chairperson must report the substantive actions of 2147
each meeting to the Board of Directors either in person or in 2148
writing. 2149
2150
k. The President, with approval of the Board of Directors, may appoint 2151
a member of the Board of Directors to serve as a liaison to each 2152
committee. 2153
2154
l. Each committee member is responsible for reporting the 2155
substantive actions of the committee to the District Representative 2156
Assembly. 2157
2158
m. The Board of Directors may remove any member who does not 2159
adequately fulfill the duties of a member of the committee. 2160
2161
n. A District may, by two-thirds (2/3) majority of its governing body, 2162
recommend for recall a representative of that District. Following 2163
such recommendation for recall, the Board of Directors shall 2164
provide a just cause hearing. A majority vote of the Board of 2165
Directors shall be required for recall. 2166
2167
8-4. Functions of the Core Function Committees. 2168
2169
a. The Local Development and Training Core Function Committee 2170
shall be responsible for recommending to the OEA Board of 2171
Directors and other appropriate entities, the creation of OEA 2172
policies that ensure the planning, implementation and regular 2173
assessment of a Statewide local development and training 2174
program that meets the needs of and strengthens local affiliates 2175
in accordance with the OEA’s effective locals initiative. 2176
2177
b. The Organizing Strategy Core Function Committee shall be 2178
responsible for recommending to the OEA Board of Directors and 2179
other appropriate entities, the creation of OEA policies that 2180
ensure the planning, implementation and regular assessment of 2181
an internal and external organizing program that meets the needs 2182
of local affiliates and supports their development. 2183
2184
c. The Professional Efficacy Core Function Committee shall be 2185
responsible for recommending to the OEA Board of Directors and 2186
other appropriate entities, the creation of OEA policies that 2187
ensure the planning, implementation and regular assessment of a 2188
professional development program that assists local affiliates to 2189
address professional development issues, promotes the OEA’s 2190
legislative agenda and meets the needs of locals and supports 2191
the professional growth of members. 2192
45
2193
d. The Member Rights and Protection Core Function Committee 2194
shall be responsible for recommending to the OEA Board of 2195
Directors and other appropriate entities, the creation of OEA 2196
policies that ensure the planning, implementation and 2197
assessment of a member rights and protection program that 2198
meets the needs of local affiliates by addressing such issues as 2199
lobbying, political action, contract bargaining and enforcement 2200
and related strategy development, human and civil rights and 2201
diversity. 2202
2203
e. The Collective Bargaining Core Function Committee shall be 2204
responsible for recommending to the OEA Board of Directors and 2205
other appropriate entities, the creation of OEA policies that 2206
ensure the planning, implementation and assessment of a 2207
collective bargaining program that meets the needs of local 2208
affiliates. 2209
2210
Core Function Committees will perform other duties as assigned by 2211
the President and the Board of Directors. 2212
2213
8-5. Functions of the Standing Committees. 2214
2215
a. The Convention Planning Committee shall be responsible for 2216
planning OEA Representative Assemblies. Subcommittees of this 2217
Committee are responsible for examining the credentials of all 2218
delegates; recommending to the Assembly, for approval, the 2219
seating of all eligible delegates; conducting the elections of the 2220
Representative Assembly; proposing the Standing Rules of the 2221
Representative Assembly. The senior committee member from 2222
each District shall serve as chairperson of the Nominating 2223
Committee(s) for the units in the respective District. 2224
2225
b. The Legislative Committee shall screen, evaluate and recommend 2226
legislative proposals for the annual session of the Fall 2227
Representative Assembly and shall be responsible for the 2228
implementation of legislative priorities, goals and policies as 2229
adopted by the Representative Assembly. 2230
2231
c. The Resolutions Committee shall develop the OEA resolutions and 2232
platform for recommendation to the Spring session of the 2233
Representative Assembly. Resolutions proposed by members 2234
shall be reviewed by the Committee, which may reject them or 2235
refer them to the Representative Assembly for action. 2236
2237
8-6. Functions of the Special Standing Committees. 2238
2239
a. The Audit Committee shall be composed of five (5) members 2240
appointed by the OEA President with the approval of the Board. 2241
The Audit Committee shall, with approval of the Board of Directors, 2242
46
select an accountant to audit the accounts of the Association, and 2243
shall oversee such audit activities, as necessary. 2244
2245
b. The Reapportionment Committee shall be composed of the 2246
President and President-Elect or Vice-President of each District. 2247
The OEA President shall serve as chairperson. 2248
2249
c. The Nominations Committee shall be composed of the District 2250
Presidents who shall elect the chairperson. The Nominations 2251
Committee may nominate candidates for elected offices, Ohio NEA 2252
Directors, and at-large Board of Directors’ members when there 2253
are fewer than two persons declared in accordance with pro-2254
cedures for election in this document. 2255
2256
8-7. Ad Hoc Committees and Task Forces. 2257
2258
a. In order to accomplish specific tasks for limited periods of time, the 2259
President may appoint, with the approval of the Board of Directors, 2260
those ad hoc committees that the President deems necessary, 2261
provided the purpose does not conflict with that of the Core 2262
Function or Standing Committees. In order to accomplish specific 2263
tasks for limited periods of time, the Representative Assembly may 2264
create and appoint task forces according to the Bylaws. 2265
2266
b. Membership shall be, insofar as possible, representative of the 2267
Districts. 2268
2269
8-8. Vacancies. Vacancies on committees shall be filled by appointment 2270
by the President, with the approval of the Board of Directors. A person 2271
appointed to fill a vacancy shall serve the unexpired term. 2272
2273
9. AFFILIATIONS 2274
9-1. Affiliation. 2275
2276
a. The Association shall grant affiliation to Departments, Districts, 2277
Locals, and Associate Organizations. 2278
2279
(1) A Department is a representative group of members with a 2280
common interest. 2281
2282
(2) A District is a geographical subdivision of the Association and 2283
has a voice in determining Association policies. 2284
2285
(3) A Local is a group of members who have organized for 2286
among other reasons the purpose of governance representa-2287
tion in the Association. 2288
2289
(4) An Associate Organization shall be any organization with a 2290
common occupation or interest, which is organized and 2291
committed to further the cause of education in Ohio. 2292
47
2293
b. A group or unit seeking affiliation shall file a written application, 2294
including copies of its governance documents, with the 2295
Business/Support/Administration Board of Directors Core Function 2296
Committee or a subcommittee thereof. Organizations shall be 2297
affiliated upon recommendation of the Business/Support/-2298
Administration Board of Directors Core Function Committee, and 2299
the approval of the Board of Directors. After acceptance by the 2300
Board of Directors, the group or unit seeking affiliation shall ratify 2301
the granting of affiliate status. 2302
2303
c. Subsequent to affiliation, pursuant to Bylaw 9-1(b), an affiliate must 2304
transmit dues to the OEA pursuant to a dues transmittal agreement 2305
entered into by and between the affiliate and the OEA. Affiliation 2306
shall continue until the affiliate is disaffiliated by the OEA for failure 2307
to meet the standards of Bylaw 9-2. Once disaffiliated, the OEA 2308
ceases to be the exclusive bargaining representative of the 2309
bargaining unit of employees. Further, all dues collected on the 2310
behalf of the OEA prior to disaffiliation shall be transmitted to the 2311
OEA pursuant to the dues transmittal agreement entered into by 2312
and between the affiliate and the OEA. 2313
2314
9-2. Standards for Affiliations of Departments, Districts, and Local 2315
Associations. 2316
2317
An affiliate shall: 2318
2319
a. Require membership, if eligible, in the local, district, state and 2320
national associations provided that if the local association elects by 2321
secret ballot to exclude Education Support Professionals from 2322
membership, that the affiliated local composed exclusively of 2323
Education Support Professionals shall require membership, if 2324
eligible, in a local association for Education Support Professionals 2325
and the district, state and national associations. 2326
2327
b. Have a Constitution consistent with the Constitution of OEA. 2328
2329
c. Adopt a policy that recognizes the preeminence of the Code of 2330
Ethics of the Education Profession, if appropriate. 2331
2332
d. Apply the one-member, one-vote principle for representation on its 2333
governing bodies and the affiliate shall provide for ethnic-minority 2334
representation at least proportionate to its ethnic-minority 2335
membership. 2336
2337
e. Provide for proportional representation between its classroom 2338
teacher members and its education support professional members 2339
where a multi-jurisdictional affiliate exists. 2340
2341
f. Require periodic elections of officers by secret ballot subject to 2342
48
recognized safeguards concerning the equal right of all members 2343
to nominate, seek office, and vote in elections, as set forth in the 2344
OEA Elections Manual. 2345
2346
g. Conduct all ratifications of collective bargaining agreements in 2347
accordance with the guidelines for ratification of collective 2348
bargaining agreements and fact finder reports as set forth in the 2349
OEA Elections Manual. 2350
2351
h. Preserve all ballots, marked, unmarked and voided, and all other 2352
records pertaining to elections of OEA officers, OEA and NEA 2353
delegates and alternates for one year from the election, and make 2354
such ballots and other records available to OEA officers and/or 2355
designee(s) for inspection and examination. 2356
2357
i. Have the same membership year as that of OEA. 2358
2359
j. Have a dues structure to fund adequately a quality program. 2360
2361
k. Provide for regular meetings. 2362
2363
l. Provide for effective member communication. 2364
2365
m. Provide for effective committee structure to achieve the goals of 2366
the organization. Such structure will include an election committee. 2367
2368
n. Be reviewed by the Board of Directors every five (5) years to 2369
determine compliance with the above minimum standards. 2370
2371
o. In the case of a local affiliate, the local must have or be actively 2372
seeking the status of exclusive bargaining representative of the 2373
members of the local. 2374
2375
9-3. Jurisdictional Boundaries for Departments, Districts, and Local 2376
Association Affiliates. The Association shall affiliate no more than 2377
one (1) local association within the same jurisdictional boundaries, and 2378
no more than one (1) district association within the same jurisdictional 2379
boundaries, with the following exceptions: 2380
2381
a. Associations not competing for the same category of membership 2382
may be affiliated. 2383
2384
b. Local Associations composed of members employed by a private 2385
sector employer may be affiliated where inclusion with an existing 2386
local association is not practicable. 2387
2388
Where two (2) or more associations of the same category of 2389
membership qualify for affiliation in the same jurisdictional boundaries, 2390
the Association shall affiliate the prospective affiliate with the greater 2391
number of active members, except as provided in subsection (b) 2392
49
above. 2393
2394
9-4. Jurisdictional Categories for Departments, Districts, and Local 2395
Association Affiliates. 2396
2397
a. Educational Professionals 2398
2399
b. Higher Education 2400
2401
c. Education Support Professionals 2402
2403
d. Any combination of the above. 2404
2405
9-5. District Associations. 2406
2407
a. District Associations, having affiliated with the Association, are 2408
entitled to participate in the benefits to be derived from the 2409
Association. 2410
2411
b. District affiliates shall be self-governing organizations with 2412
governance documents compatible with those of OEA. 2413
2414
c. In conjunction with the OEA’s commitment to ensure that the 2415
District Associations shall have “a voice in determining Association 2416
Policies” (Bylaw 9-1 a(2) of the OEA Bylaws), the OEA shall involve 2417
the OEA Districts in coordinating its major member organizing and 2418
mobilizing strategies through the District Leaders Council. 2419
2420
d. The Constitution and/or Bylaws of a District Association shall 2421
provide: 2422
2423
(1) An Executive Committee/Board of Directors that reflects 2424
representation of the local membership on a proportional 2425
basis. 2426
2427
(2) The election of Education Professional electoral unit members 2428
of the OEA Board of Directors shall be at the District 2429
Representative Assembly. 2430
2431
(3) Members elected to the OEA Board of Directors shall be 2432
voting members of their respective District Executive 2433
Committee/Board of Directors. 2434
2435
(4) Unless elected to the OEA Board of Directors by secret ballot 2436
of the members, a member of the OEA Board of Directors 2437
shall have all the rights of a delegate to the District 2438
Representative Assembly except the right to vote for OEA 2439
offices. 2440
2441
(5) There shall be at least one District Representative Assembly 2442
50
yearly. 2443
2444
(6) Unless elected as delegates or alternates by secret ballot of 2445
the membership, OEA Representative Assembly delegates or 2446
alternates shall be ex officio members or alternates to the 2447
respective District Representative Assembly with full delegate 2448
status, except the right to vote in elections for OEA offices. 2449
2450
(7) Registration of District delegates by Education Professional 2451
units shall be as provided in Article III, and Section 2-a. 2452
2453
(8) The District delegates under the one-person one-vote concept 2454
shall be in addition to the OEA delegates elected under Bylaw 2455
4-9. 2456
2457
(9) Only delegates elected as Education Professional unit 2458
members shall vote for Education Professional unit members 2459
of the OEA Board of Directors. 2460
2461
e. An electoral unit or contiguous units may create a new district or be 2462
transferred from one district to another when a majority of the 2463
active OEA members in the electoral unit or contiguous units 2464
contemplating the creation of a new district or transfer from one 2465
district to another petition to do so. Said petitions shall be 2466
presented to the Board of Directors. The Board of Directors shall 2467
consult with the Executive Committee(s)/Board of Directors of the 2468
district(s) involved and shall hold election(s) in the electoral unit or 2469
contiguous units involved to determine if a majority of the members 2470
in the unit or units seek to create a new district association or 2471
transfer from one district to another. 2472
2473
9-6. Standards for Associate Organizations. 2474
2475
a. Shall be a common interest group, distinctive to the field of service 2476
of the group and shall be open to all potential members on a state-2477
wide basis. 2478
2479
b. Shall be exempt from the requirement in Bylaw 9-2a. 2480
2481
c. Shall have on file with the OEA a copy of its current Constitution to 2482
establish its compatibility with OEA. 2483
2484
d. Shall be self-governing but the purposes shall be compatible with 2485
OEA. 2486
2487
e. Shall have independent dues. 2488
2489
f. Shall file an annual report and such information as the OEA 2490
requests. 2491
2492
51
g. Shall have no voice in the governance or structure of OEA. 2493
2494
h. Shall adopt a policy that recognizes the preeminence of the Code 2495
of Ethics of the Education Profession. 2496
2497
i. May negotiate with the OEA Board of Directors to participate in 2498
cooperative projects. 2499
2500
j. May negotiate amount and cost of space and other services, with 2501
the percentage of OEA membership in the Associate organization 2502
being recognized as a factor in negotiations. 2503
2504
9-7. Special Interest Groups and Caucuses. 2505
2506
a. Any Special Interest Group or caucus may be recognized by a 2507
majority vote of the OEA Board of Directors. 2508
2509
b. The terms and conditions of the relationship between the 2510
Association and the Special Interest Group or caucus shall be 2511
negotiated by the OEA Board of Directors and the group seeking 2512
recognition. 2513
2514
9-8. NEA Affiliation and Relations. 2515
2516
a. The OEA shall affiliate with the NEA under its rules and 2517
regulations. 2518
2519
b. The OEA shall participate in the NEA Representative Assembly 2520
through state delegates. 2521
2522
c. Delegates to the NEA Representative Assembly: 2523
2524
(1) The OEA Board of Directors shall by January 1 each year 2525
approve a plan for the election of the state allocation of NEA 2526
delegates in accordance with the provisions of the NEA 2527
Constitution and Bylaws. 2528
2529
(2) The Ohio members and alternates of the NEA Resolutions 2530
Committee shall be elected for one-year terms in accordance 2531
with the NEA Constitution, Bylaws, and Standing Rules. 2532
2533
(3) All persons elected as OEA delegates to the NEA 2534
Representative Assembly shall be active members of the 2535
NEA, OEA, Affiliated District Association, if eligible, and 2536
Affiliated Local Association, if eligible. 2537
2538
(4) All candidates for NEA delegate shall be nominated by 2539
petition signed by ten members or by a declaration of intent 2540
filed with the Secretary-Treasurer in accordance with the plan 2541
approved by the OEA Board of Directors. 2542
52
2543
d. A trained and experienced parliamentarian shall be in attendance 2544
at all caucus sessions of the Ohio NEA delegates. 2545
2546
e. Standing rules for the NEA delegate caucus will be adopted at the 2547
briefing or the first caucus of delegates, whichever occurs first. 2548
2549
10. PUBLICATIONS 2550
2551
10-1. Publications. There shall be official publications of the Association, 2552
which shall be distributed without additional fee to all members. 2553
2554
11. FISCAL PROCEDURES 2555
11-1. General Fund. 2556
2557
a. The General Fund of the Association shall comprise all income 2558
received in the form of dues, interest, dividends, fees, earnings 2559
from advertising, sales of Association publications, payments for 2560
services and funds received by gift, bequest, devise, or transfer 2561
to the Association. 2562
2563
b. All operating accounts and debt services shall be paid out of the 2564
General Fund. 2565
2566
c. The General fund shall provide an operating reserve for cash 2567
needs in an amount equal to at least five (5) percent of the 2568
budget for the previous fiscal year. Appropriations from the 2569
operating reserves may only be made after approval by two-thirds 2570
(2/3) vote of the Board of Directors following twenty (20) days 2571
notice in advance of the proposed appropriation. 2572
2573
d. Disbursements from the General Fund shall be by check or by 2574
similar written orders to depositories co-signed by the Secretary-2575
Treasurer and by the Executive Director or by each such officer’s 2576
designees. 2577
11-2. Business/Support/Administration Board of Directors Core 2578
Function Committee. The Business/Support/Administration Board 2579
of Directors Core Function Committee shall prepare, with the 2580
President, Secretary-Treasurer and the Executive Director, the 2581
budget. The Secretary-Treasurer shall be a member during his or 2582
her term of office. The President shall appoint, subject to the 2583
approval of the Board of Directors, members of the Board of 2584
Directors to serve. A member may only serve while a member of the 2585
Board of Directors. The Secretary-Treasurer shall serve as 2586
chairperson. 2587
2588
11-3. Budget. The budget of the Association shall be designed to achieve 2589
the goals and objectives of the Association. The Board of Directors 2590
shall receive the proposed budget from the 2591
Business/Support/Administration Board of Directors Core Function 2592
53
Committee at least fifteen (15) days prior to its March meeting in 2593
even-numbered years. At its March meeting in even-numbered 2594
years, the Board of Directors shall review and tentatively approve a 2595
budget and direct its printing. The budget tentatively approved by 2596
the Board of Directors shall be balanced. The budget shall then be 2597
sent to all local presidents, delegates to the Representative 2598
Assembly, and to Core Function Committee and Standing 2599
Committee Chairs. In even numbered years, the Business/-2600
Support/Administration Board of Directors Core Function Committee 2601
shall hold at least one (1) open hearing on the proposed budget in 2602
each District prior to the Spring OEA Representative Assembly. 2603
Following such open hearings, the Board of Directors shall meet to 2604
approve the budget for transmittal to the Representative Assembly at 2605
its spring meeting. The Budget shall include an appropriation for 2606
contingencies and reserves amounting to at least two (2) percent of 2607
revenue. The appropriation in the OEA budget of two (2) percent of 2608
revenue for contingencies and reserves shall be divided as follows: 2609
2610
(1) One (1) percent shall be designated as contingency funds to 2611
be used pursuant to the terms of OEA policy. 2612
2613
(2) One (1) percent shall be designated as reserves. Reserves 2614
shall be divided equally for the purpose of: (A) funding any 2615
unfunded liabilities of the Association; and (B) absolute 2616
reserves to be used for extraordinary and/or catastrophic 2617
circumstances confronting the Association for which no other 2618
funding is budgeted or available. 2619
2620
In order for the absolute reserves to be accessed for expenditures, 2621
the Board of Directors shall, by a three-fourths (3/4) vote of the 2622
Board of Directors’ members present and voting, authorize any 2623
expenditure, including amount of the expenditure and a specific 2624
statement of the necessity for the expenditure, including the 2625
extraordinary or catastrophic circumstance that justifies such 2626
expenditure. 2627
2628
11-4. Implementation of Reserves. The operating reserve of the 2629
General Fund shall be implemented on the following schedule: In 2630
each budget, the Representative Assembly shall allocate not less 2631
than two (2) percent of income, excluding the amount earmarked in 2632
the Bylaws for debt retirement, to the General Fund Operating 2633
Reserve Fund. This obligation shall continue year by year until the 2634
year-ending General Fund surplus provides an operating reserve for 2635
cash, which is equal to five (5) percent of the previous year's General 2636
Fund budget. 2637
2638
11-5. Financial Reports. The Secretary-Treasurer shall cause to be 2639
prepared an annual report of the General Fund, including income 2640
and expenditures for the fiscal year. The audit report received by the 2641
Board of Directors shall be transmitted to the Representative 2642
54
Assembly and printed in the annual financial reports to the 2643
Representative Assembly. A summary of the audit and the 2644
Secretary-Treasurer's report shall be distributed to all members. 2645
Code of Ethics of the Education Profession
Preamble
The National Education Association believes that the education profession consists of one education workforce serving the needs of all students and that the term ‘educator’ includes education support professionals.
The educator, believing in the worth and dignity of each human being, recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurture of the democratic principles. Essential to these goals is the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all. The educator accepts the responsibility to adhere to the highest ethical standards.
The educator recognizes the magnitude of the responsibility inherent in the teaching process. The desire for the respect and confidence of one's colleagues, of students, of parents, and of the members of the community provides the incentive to attain and maintain the highest possible degree of ethical conduct. The Code of Ethics of the Education Profession indicates the aspiration of all educators and provides standards by which to judge conduct.
The remedies specified by the NEA and/or its affiliates for the violation of any provision of this Code shall be exclusive and no such provision shall be enforceable in any form other than the one specifically designated by the NEA or its affiliates.
PRINCIPLE I
Commitment to the Student
The educator strives to help each student realize his or her potential as a worthy and effective member of society. The educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.
In fulfillment of the obligation to the student, the educator--
1. Shall not unreasonably restrain the student from independent action in the pursuit of learning.
2. Shall not unreasonably deny the student's access to varying points of view.
3. Shall not deliberately suppress or distort subject matter relevant to the student's progress.
4. Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.
5. Shall not intentionally expose the student to embarrassment or disparagement.
6. Shall not on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, family, social or cultural background, or sexual orientation, unfairly--
a. Exclude any student from participation in any program
b. Deny benefits to any student
c. Grant any advantage to any student
7. Shall not use professional relationships with students for private advantage.
8. Shall not disclose information about students obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.
PRINCIPLE II
Commitment to the Profession
The education profession is vested by the public with a trust and responsibility requiring the highest ideals of professional service.
In the belief that the quality of the services of the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to promote a climate that encourages the exercise of professional judgment, to achieve conditions that attract persons worthy of the trust to careers in education, and to assist in preventing the practice of the profession by unqualified persons.
In fulfillment of the obligation to the profession, the educator--
1. Shall not in an application for a professional position deliberately make a false statement or fail to disclose a material fact related to competency and qualifications.
2. Shall not misrepresent his/her professional qualifications.
3. Shall not assist any entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute.
4. Shall not knowingly make a false statement concerning the qualifications of a candidate for a professional position.
5. Shall not assist a noneducator in the unauthorized practice of teaching.
6. Shall not disclose information about colleagues obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.
7. Shall not knowingly make false or malicious statements about a colleague.
8. Shall not accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or action.
Adopted by the NEA 1975 Representative Assembly
OEA
OHIO EDUCATION ASSOCIATION
225 East Broad Street, Box 2550
Columbus, Ohio 43216
Phone (614) 228-4526
Toll free in Ohio 1-800-282-1500
Web Site: http://www.ohea.org
An affiliate of the National Education Association
